Our contact e-mail address is [email protected].
1.1. Upper case pronouns “We”, “Us” and “Our” refer to Bemensa s.r.o., with registered office at SNP 2349/13, Ústí nad Labem-centrum, 400 11 Ústí nad Labem, ID number: 08841977, incorporated under the laws of the Czech Republic, registered at Regional Court in Ústí nad Labem under file no. C 44648.
1.2. Pronouns “you” and “your” refer to you as a user of the app called Bemensa, which We operate and is available as a mobile app for download on Google Play and AppStore distribution (the “App”). If you are using the App on behalf of a legal entity, then you, as an individual, represent that you have the authority to bind that entity to the Agreement, and “you” and “your” also refer to that entity.
1.4. “Content” means information contained in and accessible through the App such as text, graphics, photographs, other audiovisual content, logos, trademarks and designs, comments, databases, etc.
- “Store operators” are the Google Play online stores operated by Google LLC and the AppStore online store operated by Apple Inc, through which the App can be downloaded.
2. USER ACCOUNT
2.2. In order to be able to use the user account, it is necessary to perform the Registration, during which the user account is created. In particular, through this account, you can make changes to the settings of the App, edit your personal information, and manage it. You are required to keep your user account details up to date. You can only have one user account.
2.3. You must ensure that your user account login details and other information necessary to access your user account are treated as confidential and that such login details are kept confidential so that no third party has access to them. If you believe that your user account has been misused (e.g. your account login details have been obtained by an unauthorized person, etc.), please inform Us immediately. You are solely responsible for your use of the App and all activities under your user account.
3. PREMIUM VERSION
3.1. We provide the App for free with limited features. We also provide a premium version which is subject to payment of fees in accordance with the Terms of Service: https://bemensa.com/terms-of-service/
4. INTELLECTUAL PROPERTY RIGHTS
4.1. App and the Content may be protected by copyright and other intellectual property rights of Us or Our licensors. We grant you only a limited, non-exclusive license, territorially and temporally unlimited, to use the App and the Content for Your personal and non-commercial use. You will not be provided with the source files for the App and the Content. You are not authorized to discover the source files of the App and the Content or to attempt to obtain, decompile, etc. the App and the Content in any way. You are not authorized to modify the App and the Content in any way or to assign or sublicense the license.
- Except for the non-exclusive license set out in Section 4.1, We do not grant you any intellectual property rights in the App and the Content. All intellectual property rights in the App and the Content belong to and remain solely with Us and Our licensors.
5. CONTENT AND USE OF THE APP
5.2. By using the App, you acknowledge that We may change, add, or delete the Content or make updates, upgrades, and enhancements to or otherwise modify the App at any time, whether for updates, to remove erroneous or questionable information or for no reason at all.
5.3. The App is available in all countries unless otherwise stated below. Its use is subject to Czech law.
- By providing any contribution to the App, you grant us a free, non-exclusive, territorially, and quantitatively unlimited license to use such contribution for the duration of the property rights, especially but not limited to reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
5.5. App contains third-party components. A list of these, together with the relevant license terms, is available.
6. PROHIBITED USES
a) Use the App in any way that violates any applicable state, local, or international law or regulation.
b) Collect the Content and other data from the App without our consent;
c) Use the App in any way that could damage it, prevent its operation, or overload it, or harm or restrict other users;
- Use any device, software, or routine that interferes with the proper working of the App.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
g) Upload or share sensitive data in the form of passwords, access data, or payment data within the App, both in relation to the App and to items, objects, and intangibles outside the App.
- Attempt to interrupt or compromise the security of the App, its appearance, integrity, or availability, or the Content, or otherwise damage the App or the Content, other users’ accounts or our administrator accounts, access passwords, servers, or network elements.
- Upload or share information, data, and other content within the App that is protected by the rights of third parties, such as copyrighted content or content containing personal data of third parties.
j) Attempt to interrupt or compromise the security of the App, its appearance, integrity, or availability, or the Content, or otherwise damage the App or the Content, other users’ accounts or our administrator accounts, access passwords, servers, or network elements.
k) Attempt to gain unauthorized access to the App, other user accounts, or other computer systems, in particular through hacking or phishing, and generally not attempt to gain access to any Content that has not been intentionally made available on the App.
l) Attempt to obtain any information about other users, including but not limited to their e-mail addresses, for the purpose of sending unsolicited commercial communications.
m) Use the App in violation of good morals and generally accepted rules for the use of services provided via the Internet.
- Otherwise attempt to interfere with the proper working of the App.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.2 App is dependent on third-party devices and services (such as internet service providers or cloud services). We cannot control the availability or quality of these third-party facilities and services. During their failure or downtime, the App may be temporarily unavailable without entitling you to any compensation.
7.3. If you purchase the Premium version of the App which is subject to payment of fees, you have the rights in accordance with the Terms of Service.
8. Information on Consumer rights
8.1. If you are a consumer, i.e., a person purchasing the Premium version of the APP outside the scope of your business activity, you have rights specified in the Addendum for Consumers.
9. ARRANGEMENTS REQUIRED BY THE STORE OPERATOR
9.2. When using the App available on Google Play, the following terms will also apply:
b) In the case of any problems, glitches, or difficulties with the performance of the application, please contact us. Google is not responsible for the support and maintenance of the App. We will respond to your support requests for paid products and in-app purchases within three business days, and We will respond to any support or App-related issues that Google determines to be urgent within 24 hours.
9.3. When using the App through the App Store, the following terms will also apply:
c) We are solely responsible for the maintenance and support of the App, to the extent provided in these Terms. Please direct any questions, complaints, or claims you may have regarding the App to us. Apple is not responsible for the maintenance and support of the App.
e) It is our sole responsibility to resolve and, where appropriate, handle any claims by you or other third parties in connection with the App or its use, including, but not limited to rights from defective performance; claims arising from the App’s potential non-compliance with applicable laws and requirements; and claims arising under consumer protection, privacy, or similar legislation.
f) In the case where a third party makes a claim that the App or Your use of the App violates that third party’s intellectual property rights, We shall be solely responsible for investigating, defending against, settling, or disputing such claim of intellectual property infringement.
g) By installing the App, you represent that you are not using the App from a country that is embargoed by the United States of America or has been designated by the United States government as a state sponsor of terrorism and that You are not on the United States government’s list of prohibited entities. You also agree to abide by these conditions throughout Your use of the App.
10. FINAL PROVISIONS
10.1. You can terminate the Agreement at any time by deleting your user account.
10.2. Applicability of Sections 2389a to 2389u of Act No. 89/2012 of the Czech Civil Code, as amended, is excluded.
- The App is provided in English.