STRV s.r.o. ("STRV"), established in accordance with the laws of the CzechRepublic, with its registered office at Rohanské nábřeží 678/23, Karlín, 18600 Prague 8, Czech Republic, ID no. 288 88 286, entered in theCommercial Register at the Municipal Court in Prague, Section C, Insert151238, is the exclusive owner, data controller and operator of the Float application (the "App").
As used in these Terms, "we", "our" and "us" means the STRV."Service(s)" refers to your use of the App for any purpose whatsoever.
These Terms set forth the terms and conditions that apply to your use of theApp and all services offered by us.
By completing the subscription process or by using the App, you are agreeing to be bound by all of the terms in these Terms including PrivacyPolicy.
Please save and keep a copy of these Terms for your records.
In order to use the Services, you must firstly agree to the Terms. You maynot use the Services if you do not accept the Terms.
You may accept the Terms by (i) creating an account (ii) clicking to acceptor agree to the Terms, where this option is made available to you by us inthe user interface for any Service, or (iii) by payment for the Services, or (iv)by using the App or any Services.
You may not use the Services if (i) you do not accept the Terms (ii) you arenot of legal age to form a binding contract with us, or (iii) you are a personbarred from receiving the Services under the laws of the Czech Republic orother countries, including the country in which you are a resident or fromwhich you use the Services.
We reserve the right, at our discretion, to change, modify, add, or removeportions of these Terms at any time and for any reason, including to reflectchanges in or requirements of the law or new features.
We will make the changed Terms available in the App at least one monthprior to the effectiveness of the changed Terms.
If the changes of the Terms include material changes, we will notify you ofthe changes through the App.
You understand and agree that if you use the Services after the date onwhich the Terms have changed, we will treat your use as acceptance of thechanged Terms. If you do not agree to the changed Terms, please do notuse the Service and delete your account from the App.
By visiting the App or accepting these Terms, you represent and warrantthat you:
Legal entities and entrepreneurs may not use the Service for any purpose except with our express written consent.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible for all activities that occur under your account
You agree to use the Services only for purposes that are permitted by (i) theTerms; (ii) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions; and (iii) any other applicable rules.
You agree that you will not engage in any activity that interferes with or disrupts the Services.
You will use the Service for personal use only. Users may not use theService or any content contained in the Service in connection with any commercial endeavours and may not use any information obtained from theService to contact, advertise to, solicit, or sell to any other user or request money from the user without prior explicit consent of STRV.
You will not use the Service to infringe the privacy rights, property rights, intellectual property rights, or any other rights of any person.
You will not cause the Service to be accessed through any automated or robotic means, including but not limited to, rapid access of the site as in a denial-of-service attack. Such restriction does not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
You may not, when using the Service:
We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates this Section or the Terms, including terminating or suspending the account of such violators. The violators agree to cover any expenses and costs related to the investigation and prosecution of such activities.
STRV does not display or use any advertising from third-party companies through the App. STRV may use the advertisement in the App for self-promotion of the App and Service. We may use your contact information for marketing and commercial purposes so that we can offer you relevant products and services from us. Thus, we can send you a commercial communication (such as an SMS, e-mail, etc.) using the electronic contact you provided to us. You are entitled at any time to decline this communication (announcement).
We reserve the right to monitor all advertisements to ensure that they conform to content guidelines.
In consideration for us granting you access to and use of the Services, you agree that we may place advertising on the Services.
You acknowledge and agree that we own all legal rights, title and interest in and to the Services, including any intellectual property rights (such as copyrighted material and trademarks) which subsist in the Services.
You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of us or, if such property is not owned by us, the owner of such intellectual property or proprietary rights.
You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
STRV may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. STRV shall have no liability to you or any third party in the event that STRV exercises any such rights.
The Services may include hyperlinks to other web sites or content or resources.
You acknowledge and agree that we are not responsible for any such external sites or resources and have no liability as a result of the availability of them or their content.
You understand that, by using any such external sites or resources, you may encounter content that may be deemed offensive, indecent, or objectionable and may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You understand and agree that your use of external links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device.
In addition to the free services provided on the App, Premium Memberships and Paid Features are offered that require payment. Where payment is required, the following additional terms and conditions will apply.
You expressly acknowledge and agree that the initial price may change if you upgrade or change your subscription plan within the Service. You will always be informed about the price modification prior to making the upgrade or changing your subscription.
We use payment platforms of third parties (Apple, Google) for the payment process. By registering for the Paid Memberships or Paid Features and providing your credit card details, you agree to be billed by us or by third party in advance and you agree with the terms and private policies of this third parties. It is your sole obligation to provide accurate and complete credit card information, and to timely update your account with any changes to such information.
Paid Memberships are subscriptions. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please go to your phone settings, and opt out of automatic renewal of your purchase. If you opt out of automatic renewal after your purchase, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred to any other account. By subscribing to the Paid Membership, you authorize our payment service provider or us to bill the credit card you provided now and again at the beginning of any subsequent subscription period.
Your continued use of the Paid Memberships reaffirms that the third parties or we are authorized to charge the credit card you provided. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Paid Memberships.
Where payment is required for a Paid Membership and we or our payment service provider are unable to charge your credit card for any reason, we may discontinue any and all Services to you either temporarily or permanently.
We are not responsible for the payment processing provided by any third party.
If you cancel your account, your Paid Membership will be continued. If you wish to cancel your Paid Membership you must go to the settings of your phone and cancel it here. All payments for Paid Memberships are non-refundable. You will not be eligible for a prorated refund of any portion of the unused paid services or to transfer it to another account.
Each party will be responsible for payment of any taxes applicable to its own income and activities in connection with the Services.
For the users residing in the European Union or European Economic Area.You expressly agree to the providing of our services before the expiry of the14-day period, thereby waiving the right to withdraw from this Agreement and you will not benefit from a right of withdrawal, you will lose this right in accordance with Article 6 (1) (k) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights in conjunction with Article 16 (m) of this Directive. This article considers as prior express consent and fulfilment of the obligation to provide information about losing your right to withdrawal.
Objections to payment should be sent directly to our firstname.lastname@example.org or to the relevant third party (App Store, GooglePlay) or to your bank/payment provider.
The payment processor for our Service is a third-party provider such asApple, Google Play, etc. By making a payment, you agree to pass on the necessary payment information to these providers and authorize STRV or a third-party account, as applicable, to charge you the payments for Services.
We give you a worldwide, royalty-free, non-assignable and non-exclusive right and license to access and use the Services for the term and in the scope designated by the Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us in the manner permitted by the Terms.
Unless we have given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights, grant a security interest in or over your rights, or otherwise transfer any part of your rights granted hereunder.
If you believe that any material or content distributed by us through theServices constitutes copyright infringement, please provide us immediately with the following information:
Please provide us with the above-mentioned information via the App or send it to our e-mail address email@example.com or to the addressSTRV s.r.o., Rohanské nábřeží 678/23, Karlín, 186 00 Prague 8, CzechRepublic.
We may, in our sole discretion, terminate or suspend your access to all or part of the Services or terminate or discontinue the Services or the App entirely at any time, with or without notice, for any reason, and in particular if
Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases.
We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
Your right to use the Service is subject to any limitations, conditions and restrictions established by us in our sole discretion and by applicable law.We may alter, suspend or discontinue any aspect of the Service at anytime, including the availability of any Service feature, database or content.We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability and for any reason (most often due to violation of conditions, any rights, rules etc.)
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
You may also terminate your account at any time, for any reason, by following the instructions in Settings in the Service.
When your legal agreement with us comes to an end, all of the legal rights, obligations and liabilities that you and we have benefited from or been subject to and which are expressed to continue indefinitely shall be unaffected by this cessation.
You understand and agree that you use the App and Services at your own risk. The application does not replace an examination by a doctor or any other health related procedure and should not be relied on as medical procedure. The information from the App is only for your convenience and is not a medical advice and does not replace consultation with your healthcare professionals.
The Services describe only general principles that may not be appropriate for you. In case of any health or mental problems, seek your healthcare professionals and consider the use of this App.
The Services are provided on an "as is" basis without representations or warranties of any kind, whether express or implied, including but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law.
We do not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on the App.
You hereby acknowledge and agree that, under no circumstances, will we, our officers, directors, employees, agents and third-party content providers or licensors be liable to you or any third party for any damage, whether material, immaterial, direct, indirect, incidental, or consequential, including deterioration of health or mental condition, personal injury or death, caused by or arising from in particular
To the maximum extent permitted by applicable law, you hereby agree to indemnify, defend and hold harmless us and all our officers, employees, directors, owners, agents, partners, information providers, subsidiaries, affiliates, licensors and licensees from and against any and all liability, claim, demand and costs, including, without limitation, reasonable attorneys' fees, made by any third party due to or arising from your breach or failure to comply with these Terms, and the violation of any law or regulation by you. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
To the maximum extent permitted by applicable law, our liability for damage incurred by you as a result of or in connection with the Services shall be limited to direct damages up to the amount you paid to us for the Services giving rise to that liability during the last three months before the occurrence of our liability (or amount corresponding to a three-month service fee, as applicable), and in no event shall our liability exceed the sum of USD10,000.
Nothing in these Terms shall exclude or limit our liability for damage which may not be lawfully excluded or limited in relation to the specific jurisdiction from which the user is resident.
The Terms and your relationship with us under the Terms or in connection with the Services are governed by Czech law.
You agree to submit to the exclusive jurisdiction of the courts of the CzechRepublic to resolve any disputes arising from the Terms or in connection with the Services. The choice of the jurisdiction shall not supersede any mandatory consumer protection in specific jurisdiction. The users fromEuropean Union and European Economic Area may, in accordance with applicable law, raise claims in their residence country.
You agree that any and all disputes arising from or connected to theServices shall be resolved individually, without resort to any form of class action. No claim may be consolidated or joined with another person’s or party’s claims.
The Terms are provided in English. You agree that the English language version of the Terms will govern your relationship with us.
The Terms constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services. You agree that this agreement is enforceable like any written agreement signed by you.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and are enforceable.
Should you have any questions or comments relating to the Terms, please contact us at the following e-mail address: firstname.lastname@example.org or to the address STRV s.r.o., Rohanské nábřeží 678/23, Karlín, 186 00 Prague 8, Czech Republic.
Version 1.0, valid on 1 June 2022