App Terms of Use

Please read these Terms of Use, Privacy Policy:, and all other documents referred to herein (collectively, the “Terms of Use “) carefully before you start using the App. If you do not agree to the Terms, you must not access or use the App.

By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use. These Terms of Use regulate your rights and obligations when using the App.

This version of the Terms of Use is effective from 15 May 2023.

Our contact e-mail address is [email protected].

1.            DEFINITIONS
1.1.        Upper case pronouns “We”, “Us” and “Our” refer to WhomLab 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 WhomLab, 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.
1.3.        “Agreement” means the agreement on the use of the App, which includes these Terms of Use.
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.
1.5.        “Registration” means Your act of agreeing to the Terms of Use and entering into the Agreement.
  • “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

2.1.        To access the App and conclude the Agreement, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. All information you provide to register with the App or otherwise is governed by our Privacy Policy: You can check, change, and correct the data entered into the App.

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:
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.
5.1.        You may not use the App if your use is prohibited by effective law or if your user account has been previously disabled for violation of these Terms of Use.
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
6.1.        You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to:
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;
d)            Use the App in any way that would infringe our rights or violate any other terms and conditions to which You are bound by these Terms of Use.
  1. Use any device, software, or routine that interferes with the proper working of the App.
  2. 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.
  1. 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.
  2. 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.
  1. Otherwise attempt to interfere with the proper working of the App.
6.2.        In the case of a breach of the rules set out above, We may at any time terminate or restrict your access to the App, revoke the license granted to You under these Terms of Use, remove the information you have provided to Us and, if applicable, lock or delete your user account. We may also require you to immediately destroy or remove any downloaded Content. We may take all of the above actions without a request for remedy.
7.1.        If any defect occurs during the use of the App, please report it to Us by email sent to the contact address listed at the beginning of these Terms of Use. However, We provide the App to you free of charge. Therefore, We cannot promise you anything more than Our “best efforts” in relation to their proper functioning. This means that We provide and you accept the App “as is” and “as available”. We make no representations or warranties, express or implied, to you in connection therewith, and We hereby disclaim all implied warranties and liability, including implied warranties of fitness for a particular purpose.
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.
9.1.        When using the App, you may be subject to the terms and conditions of the Store operators, even if not expressly stated in this Section of the Terms of Use. In the case of a conflict between a provision of the Terms of Use and a provision of the Store Operators’ terms and conditions (such as Apple Media Services Terms and Conditions) that cannot be waived, the provisions of the Store Operators’ terms and conditions will apply.
9.2.        When using the App available on Google Play, the following terms will also apply:
a)            If you are considered a minor in your country, you need the permission of a parent or legal guardian to use the App and accept the Terms of Use. If additional age restrictions apply to your use of specific Content or features of the App, you must comply with those restrictions.
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:
a)            The Terms of Use regulate solely the relationship between Us and you, and Apple Inc. is not bound by the Terms of Use and has no responsibility or liability for the App or the Content.
b)            If you download the App from the AppStore, you may only use the App on Apple-branded devices that you own or control or through accounts linked by Family Sharing to the account from which you downloaded the App. In doing so, you must comply with the Terms of Use set forth in the Apple Media Services Terms and Conditions.
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.
d)            If the App fails in breach of the warranty We provide under these Terms of Use, you have the right to notify Apple. Apple may then refund the purchase price of the App if agreed. To the maximum extent permitted by applicable law, Apple shall have no obligation under the warranty for the App and any and all claims, liabilities, damages, costs, or other expenses arising from the App’s failure to confirm the warranty provided shall be our sole responsibility (to the extent provided in these Terms of Use).
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.
h)            Apple or its subsidiaries, as applicable, are third-party beneficiaries of these Terms of Use and shall have the right, subject to your acceptance of these Terms of Use, to require and enforce your compliance with these Terms of Use, including, without limitation, in connection with the license granted, in its sole discretion.
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.
  • All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the Czech law without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to the App and these Terms of Use will be instituted exclusively in the courts of the Czech Republic, and each of us irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
  • We may also revise and update the Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Terms regularly, so you are aware of any changes, as they are binding on you.
  • If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, we shall negotiate in good faith to modify the Contract so as to affect the original intent to the greatest extent possible
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