Mobile app terms of use

These terms govern the use of the mobile apps that Pixmo s.r.o. publishes on Google Play and the App Store and that link to these terms. Please read them before you first use an app. If you do not agree with them, do not use the app. The Czech version of these terms is the authoritative one.

1. Definitions

• Operator means Pixmo s.r.o., with its registered office at Kosmákova 4300/38a, 615 00 Brno, Czech Republic, company ID 05769272, registered in the Commercial Register kept by the Regional Court in Brno, section C, file 121221.
• App means a mobile app of the operator that can be downloaded from Google Play or the App Store and used on a mobile device, including its updates.
• User means a person who creates an account in the app or uses it.
• Consumer means a user who uses the app outside their business or independent profession.

2. Contract and user account

1. The apps are intended mainly for businesses, but consumers may use them too. Article 12 also applies to consumers and takes precedence over the other provisions.
2. The contract between the operator and the user is formed when the user registers in the app. The contract consists of these terms as in force on the day of registration.
3. When registering, the user provides true and complete information and keeps it up to date. Company details may appear in the output the app produces.
4. The user protects their sign-in details from misuse and is responsible for activity carried out under their account.

3. Licence

1. The app is a copyright work under Czech Act No. 121/2000 Coll., the Copyright Act. The operator exercises the economic rights to it.
2. The operator grants the user a non-exclusive, non-transferable licence, unlimited in territory, to use the app for its intended purpose for the term of the contract.
3. The licence also covers updates of the app, unless the operator issues separate terms for them.
4. These terms do not grant the user any rights to the operator’s trade marks, logos or other signs.

4. Rules of use

1. The user uses the app in accordance with the law, these terms and the app’s purpose.
2. The user must not rent, lend or redistribute the app or grant sub-licences to it.
3. The user must not decompile or modify the app or circumvent its technical protection, unless the law expressly allows it.
4. The user must not use the app in a way that harms the operator, other users or third parties.
5. The operator reserves all rights not expressly granted to the user.

5. Price

The apps are currently provided free of charge. The operator may introduce a charge for an app or for some of its features in the future. It will tell the user about such a change in advance, in the way described in article 10.

6. Availability, maintenance and changes to the app

1. The operator aims to keep the app available at all times but does not guarantee it. The app may be temporarily unavailable during maintenance or for reasons on the side of third parties.
2. The operator may change the app, add new features or remove some features for these reasons: keeping the app secure, fixing errors, a change in the law, a change in the terms or technical requirements of Google Play, the App Store and operating systems, the end of a third-party service the app uses, and further development of the app.
3. A change must not cause the user additional costs. The operator will tell the user in advance, by a message in the app or by e-mail, about a change that makes the app worse to use.
4. How the app works also depends on the user’s device, its operating system and internet connection, for which the operator is not responsible.

7. Liability

1. The operator is not liable for damage or loss of data caused by the user, a third party or a circumstance beyond the operator’s control. This applies in particular to incorrect use of the app, interference with the app or the device, malicious software and errors in software from other vendors.
2. The user is responsible for the accuracy of the data they enter in the app and for checking the output the app produces.
3. The app may link to third-party websites and services. The operator is not responsible for their content or availability.
4. The operator’s liability is limited only to the extent the law allows. Liability for damage caused intentionally or through gross negligence, and for harm to a person’s natural rights, is not affected.

8. Personal data and commercial communications

1. The operator processes users’ personal data as a controller under Regulation (EU) 2016/679 (GDPR). The scope, purposes and duration of processing and users’ rights are described in the privacy policy.
2. The operator sends the user, to their e-mail address, messages needed for using the app, such as registration confirmation, password reset or notices of changes. It sends commercial communications only to a user who expressly agreed to them at registration or later, and that user can refuse them at any time, free of charge.
3. These terms are not a consent to personal data processing. Where consent is needed for some processing, the user gives it separately.

9. Term and termination

1. The contract is concluded for an indefinite period.
2. The user can end the contract at any time by closing their account. A request to close the account and delete the data can be sent by e-mail to info@pixmo.cz.
3. The operator may close an account or restrict its use if the user breaches these terms or the law, or uses the app for unlawful conduct.
4. The operator may close an account the user has not signed in to for more than 6 months. It will warn the user by e-mail at least 30 days before closing it.
5. A user who is a business is not entitled to compensation when an account is closed for the reasons in paragraphs 3 and 4.

10. Changes to these terms

1. The operator may change these terms to a reasonable extent, in particular when the app’s features or the law change.
2. It will announce a change at least 14 days before it takes effect, by publishing it on www.pixmo.cz and by a message in the app or an e-mail to the registered address.
3. The user may reject the change and end the contract by closing their account before the change takes effect. If they do not, the new wording applies to them from that day. This does not affect a consumer’s rights under article 12.

11. Governing law and disputes

1. The contract is governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, and the Copyright Act.
2. If the user is a business, the courts of the Czech Republic have jurisdiction over disputes and the court with local jurisdiction is the one for the operator’s registered office. Article 12 applies to consumers.

12. Special provisions for consumers

This article applies to a user who is a consumer. Where another provision of these terms conflicts with it, this article applies. These terms do not limit in any way the rights the law gives consumers.

Rights arising from defects

1. The operator is responsible for the app, throughout the term of the contract, matching what was agreed and what can reasonably be expected of an app of its kind, and for it being free of defects.
2. A consumer can report a defect by e-mail to info@pixmo.cz or by letter to the operator’s registered office. The message should describe how the defect shows itself and give the name of the app and the account’s e-mail address.
3. The consumer has the right to have the defect removed free of charge within a reasonable time. If the operator does not remove the defect, refuses to remove it, or the defect recurs, the consumer may withdraw from the contract; where the app is paid for, they may ask for a reasonable price reduction instead.
4. The operator confirms receipt of the complaint in writing and deals with it without undue delay, within 30 days of it being made at the latest, unless it agrees a longer period with the consumer.

Updates

5. Throughout the term of the contract the operator provides the updates needed to keep the app free of defects, including security updates, and tells the consumer that they are available.
6. If the consumer does not install an update within a reasonable time, although they were told it was available and what not installing it would mean, they have no rights in respect of a defect that arose only because the update was not installed.

Withdrawal from the contract

7. A consumer may withdraw from the contract without giving a reason within 14 days of concluding it. It is enough to send a notice within that period by e-mail to info@pixmo.cz or by letter to the operator’s registered office; the model form below may be used.
8. After withdrawal the operator closes the account and deletes the data as described in the privacy policy. If the consumer has paid anything for the app, the operator refunds the payments received within 14 days of the withdrawal, by the same means as it received them.
9. Independently of this, a consumer may end the contract at any time by closing their account under article 9.

Changes to the app and to these terms

10. If a change to the app or to these terms makes the consumer’s access to the app or use of it worse in a way that is more than insignificant, the consumer may end the contract free of charge within 30 days of the day they were told of the change or the day the change was made, whichever is later.
11. The operator tells the consumer about such a change reasonably in advance and in text form. The notice says what the change concerns, when it will happen and that the consumer may end the contract.

Limitations that do not apply to consumers

12. Article 7 does not limit the operator’s liability towards a consumer beyond what the law allows. Article 9(5) and article 11(2) do not apply to consumers.
13. Jurisdiction in disputes with a consumer is governed by the law. A consumer domiciled in another Member State of the European Union may also sue the operator in the courts of their own domicile, and the operator may sue them only there. The choice of Czech law in article 11(1) does not deprive a consumer of the protection given by those provisions of the law of their country of habitual residence that cannot be derogated from by agreement.

Complaints and out-of-court dispute resolution

14. The operator deals with complaints at info@pixmo.cz.
15. A consumer has the right to out-of-court settlement of a consumer dispute. The competent body is the Czech Trade Inspection Authority (Česká obchodní inspekce), Gorazdova 1969/24, 120 00 Prague 2, www.coi.gov.cz. The Czech Trade Inspection Authority also supervises compliance with consumer protection law.

Model withdrawal form

Fill in and send this form only if you wish to withdraw from the contract.

To: Pixmo s.r.o., Kosmákova 4300/38a, 615 00 Brno, Czech Republic, info@pixmo.cz

I hereby give notice that I withdraw from the contract for the use of the mobile app (name of the app):

Date of registration:

First name and surname:

E-mail address the account is registered to:

Date:

Signature (only if this form is sent on paper):

13. Final provisions

1. If any provision of these terms is invalid or ineffective, the other provisions are not affected.
2. The current wording of these terms is published on this page. The date of the last update is given at the top of the page.