of TLV s.r.o. ID No.: 26106191 Registered office: Pitterova 2855/7, Žižkov, 130 00 Prague 3 Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 161155 (hereinafter referred to as the "Operator")
governing the conditions for the use of the "Findee Kids" application operated by the Operator (hereinafter referred to as the "Application").
These terms and conditions (hereinafter referred to as the "Terms and Conditions") govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the process of concluding and the terms and conditions of the contract between the Operator and the user of the Application (hereinafter referred to as the "User"), under which the Operator allows the User to use the Application (hereinafter referred to as the "Contract"). The provisions of the Terms and Conditions are an integral part of the Contract from the moment of its conclusion.
1.2. Any provisions deviating from the Terms and Conditions can only be agreed upon in writing. Such deviating provisions are part of the Contract and take precedence over the provisions of these Terms and Conditions.
1.3. The Terms and Conditions apply to cases where the User is a consumer (a person who uses the Application outside the scope of their business activity or the scope of independent performance of their profession). The Application is not intended for entrepreneurs.
2.1. The Application is intended primarily for GPS location tracking and communication via voice and text messages and calls, as well as sending messages with other types of multimedia content. A description of the Application is also available at https://www.findeekids.com (hereinafter referred to as the "Operator's Website") or in the relevant Application Marketplace.
2.2. To use the Application, it is necessary to download it to a supported User device from the relevant application marketplace (Google Play, App Store, or other marketplaces where the Application is currently offered by the Operator, hereinafter collectively referred to as the "Application Marketplace").
2.3. A supported device is one that meets the minimum system requirements listed in the Application offer in the Application Marketplace.
2.4. An internet connection is required to use the Application. Ensuring an internet connection is the responsibility of the User. The cost of internet connection is borne by the User.
2.5. The Application can only be used after the User registers according to the procedure in Article 3 of the Terms and Conditions (hereinafter referred to as "Registration") and exclusively through the User's account under the conditions set forth herein.
3.1. The User registers through an electronic form available within the Application. For this purpose, the User is required to fill in all the data required by the electronic form as mandatory. The User is obliged to provide only correct, complete, and up-to-date information.
3.2. The Contract is concluded at the moment the User agrees to these Terms and Conditions upon first launching the Application and:
3.2.1. in the case of the Trial version, at the moment of the User's first login to the Application;
3.2.2. in the case of Paid Access, upon proper payment of the Subscription Fee; in this case, the Operator will provide the User with access to the Application under the Subscription within 2 (two) business days from the conclusion of the Contract at the latest.
3.3. Upon first launching the Application, the User also confirms that:
3.3.1. they are a natural person - a consumer with sufficient legal capacity to enter into the Contract and use the Application, and by entering into the Contract and using the Application in accordance with these Terms and Conditions, they do not violate any legal regulations or other obligations;
3.3.2. they acknowledge the Information on Personal Data Processing available in the Application, the relevant Application Marketplace, or on the Operator's Website.
4.1. Based on the conclusion of the Contract according to Article 3 of the Terms and Conditions, a user account is created for the User, enabling access to the Application and utilization of its features (hereinafter referred to as the "User Account"). Through the User Account, the User can access the data provided during Registration or later within the User Account.
4.2. A User Account always belongs to one User. The User can have only one User Account at a time.
4.3. The User is responsible for the accuracy and truthfulness of all data provided in the User Account. In case of any changes, the User is obliged to update the data without undue delay. The Operator is not responsible for any damage resulting from the User's failure to comply with this obligation.
4.4. To access the User Account, the correct login details of the User must be entered. The User is obliged to protect their login details adequately and prevent any third party from accessing their login details or User Account. In case of suspicion of disclosure or misuse of login details, the User must change their login details without undue delay and inform the Operator of this suspicion. The User is liable for any damage resulting from insufficient protection of their login details.
4.5. The User is not authorized to allow any third party to use their User Account. The User is fully responsible for any activity occurring on their User Account, regardless of whether it is performed by the User or another person authorized by the User or any third party.
4.6. The Operator is not liable for any damage resulting from unauthorized access to the User Account by a third party due to the User's failure to comply with these Terms and Conditions.
4.7. The User is entitled to cancel their User Account at any time and thus terminate the Registration through the Application interface. This does not affect any already concluded Contracts.
4.8. The Operator may cancel the User's User Account and thus terminate the Contract, particularly if the User has not used their User Account for more than 1 (one) year or if the User breaches the Contract. The Operator will inform the User of the cancellation of the User Account by e-mail.
4.9. Individual Users may be assigned certain roles, and their user permissions may be limited depending on the possibilities of the Application. The Main User (hereinafter referred to as the "Main User") ensures the connection of the Application with the electronic device transmitting data to and from the Application, where the connection is made by the User according to the Operator's instructions on the Operator's Website, in the Application Marketplace, or directly in the Application, so that all functionalities of the Application can be used and is the contracting party for the purchase of Paid Access. Other Users (hereinafter referred to as "Secondary Users") who are not contracting parties for the purchase of Paid Access use the Application within the limits and conditions as the Main User, except for rights and obligations expressly belonging to the Main User according to these Terms and Conditions.
4.10. The Main User is a sufficiently competent natural person who has the capacity to act in accordance with the Contract and the purchase of Paid Access. The Main User is responsible for the use of the Application by the Secondary Users designated by them.
5.1. The User can download, install, and use the Application in a basic form or with limited functionalities for free (hereinafter referred to as the "Trial Version"). The Trial Version serves to try out the Application before purchasing the Subscription. The provision of the Trial Version is at the discretion of the Operator, and there is no legal claim to it.
5.2. The Trial Version may be time-limited and terminated by the Operator.
5.3. Certain functionalities of the Application may be limited within the Trial Version. Functions that the Operator makes available for a fee are marked in the Application as paid (hereinafter referred to as "Paid Access"). The scope of functions enabled within the Trial Version may be changed by the Operator.
5.4. If the User does not pay the Subscription Fee properly by the last day of the Trial Version, the Contract is automatically terminated, and the User loses the ability to use the Application. If the User pays the Subscription Fee properly and on time (i.e., the payment is credited to the Operator's account) by the last day of the Trial Version, the User will be entitled to use the Application under Paid Access from the first day following the last day of the Trial Version. The period for which Paid Access is paid starts on the first day of Paid Access to the Application.
5.5. The Operator is not obliged to provide the Trial Version and makes it available to the User only if the Application interface allows this mode of use to be chosen.
6.1. In the Paid Access mode, the Operator allows the Application to be used for a fee based on the purchase of Paid Access, whereby the Main User undertakes to pay the Subscription Fee for Paid Access to the Application, which is always stated for a specific Paid Access in the Application (hereinafter referred to as the "Subscription Fee"). Paid Access may differ according to the versions of Paid Access. The Secondary User may use the Application in Paid Access mode under the conditions according to Articles 4.9 and 4.10 of these Terms and Conditions.
6.2. The Operator is entitled to change the Subscription Fees at any time at its discretion under the conditions set out in Article 21.3 of the Terms and Conditions. Any changes to the Subscription Fees do not affect the already paid Subscription Fees and the Subscription Fee for the current period of Paid Access.
6.3. The Subscription Fee is paid in advance for the period of Paid Access. Without proper payment of the Subscription Fee, the Operator will not provide the User with Paid Access to the Application.
6.4. The Main User makes the purchase of Paid Access by selecting a specific Paid Access offer in the Application interface, which they are interested in, and paying the Subscription Fee directly in the Application interface using one of the available cashless payment methods (e.g., Apple Pay and Google Pay services). These services are operated by third parties and are subject to the separate terms and conditions of the respective operators.
6.5. The Operator confirms the purchase of Paid Access to the Main User via the email provided to the Operator for this purpose by the operator of the payment method used by the User.
6.6. The Subscription Fee is considered paid at the moment the corresponding amount is credited to the Operator's account. Upon payment of the Subscription Fee, the Operator issues a tax document to the Main User that meets the legal requirements. Along with the confirmation of the purchase of Paid Access, the Operator also sends the Main User a tax document for the Subscription Fee with the details according to the legal regulations.
6.7. Paid Access will be provided to the User directly in the Application according to Article 3.2.2 of the Terms and Conditions. By paying for Paid Access, the Main User expressly requests the provision of Paid Access before the expiry of the 14 (fourteen) day statutory withdrawal period for the purchase of Paid Access.
6.8. Paid Access is provided to the User for the duration of the Paid Access period. The Operator will notify the Main User before the end of the Paid Access period about the approaching end of the Paid Access period. Upon its expiry, Paid Access will be terminated.
6.9. The Operator and the Main User may agree otherwise that the Subscription Fee is paid in advance regularly for a specified time period during which Paid Access is provided, and the payment may be automatically renewed at the end of the respective period. The Paid Access period is automatically extended for another period corresponding to the current Paid Access if the Main User does not terminate it at least 15 days before the end of the Paid Access period, by sending a written notice within this period by email to the Operator's address according to Article 17.1.1 of the Terms and Conditions. Automatic renewal according to this article is associated with the payment of the Subscription Fee made by so-called recurring payment. The Subscription Fee for the next period of Paid Access may differ from the Subscription Fee for the previous period of Paid Access under the conditions according to Article 6.2 of the Terms and Conditions. The Operator is entitled to deduct the Subscription Fee for the next period of Paid Access from the Main User's credit or debit card, the details of which the Main User provided at the first payment of the Subscription Fee, within the last 7 (seven) days of the current Paid Access period. If the Subscription Fee for the next period is not paid by the last day of the current Paid Access period, Paid Access will end on the last day of the current Paid Access period.
6.10. The User may terminate Paid Access at any time by canceling it in the Application. The User is not entitled to a refund of the Subscription Fee or its part unless otherwise specified in these Terms and Conditions (including attachments) or unless otherwise provided by law. Any future recurring payments are terminated on the day of cancellation of Paid Access.
6.11. The Application with Paid Access is provided without any additional accessories. Instructions for using the Application and Paid Access are provided on the Operator's Website, in the Application Marketplace, or directly in the Application. The Operator is not obliged to provide additional manuals, documentation, or instructions for the Application or Paid Access.
6.12. Unless otherwise stated, the Subscription Fee includes value-added tax at the statutory rate. The date of taxable supply for value-added tax purposes is the last day of the calendar month in which the performance under the Contract was provided.
6.13. The Operator accepts payments in CZK (Czech koruna), EUR (euro), USD (US dollar) or HUF (Hungarian forint).
6.14. Any bank charges for cross-border payments and all costs of currency conversion (if the Main User pays in a currency other than those listed in Article 6.13 of the Terms and Conditions) are borne by the Main User.
7.1. The User will use the Application and all its content exclusively in accordance with legal regulations and these Terms and Conditions. The User is not authorized to use the Application or its content for any other purposes or in any other manner than as specified in these Terms and Conditions. The User, in particular, must not:
7.1.1. interfere with the rights of third parties or the Operator when using the Application or in connection with it and must not use the Application or its content in an unlawful manner or for unlawful purposes;
7.1.2. unauthorizedly interfere with the Application, attempt to gain access to the Application by any means other than the designated interfaces, especially by reproducing, modifying, decompiling, or otherwise interfering with the Application, related source codes, and documentation, unless expressly authorized by the Operator in writing;
7.1.3. resell or otherwise provide Paid Access or other data and information obtained from the Application to third parties for a fee or free of charge;
7.1.4. use the Application in a manner that could damage it (including interference with the software or hardware on which the Application is operated) and must not use the Application in a manner that could cause overloading, deterioration of functionality, or other threats to the operation of the servers on which it is operated.
7.2. Users are prohibited from uploading to the Application, processing through the Application, or otherwise distributing any content that violates the rights of third parties or is illegal for any reason, particularly:
7.2.1. violates intellectual property rights (especially trademark rights, industrial design rights, business names, copyright, or related rights) or constitutes unfair competition;
7.2.2. incites to commit a crime or other wrongful acts, approves or otherwise supports the perpetrators of such acts;
7.2.3. interferes with the personal rights of third parties, e.g., contains false information about a third party that could harm that person;
7.2.4. contains pornographic content or content that is contrary to public order or good morals;
7.2.5. supports or promotes terrorist or extremist movements or other movements aimed at suppressing human rights and freedoms;
7.2.6. violates personal data protection regulations;
7.2.7. is a commercial communication, and its distribution is not in accordance with the law on certain information society services.
7.3. The User is fully responsible for all content that will be uploaded to the Application in connection with the use of the Application. The Operator is not obliged to review the User's content in any way. This does not affect the Operator's ability to suspend the User's ability to upload further content to the Application, suspend displaying content, or delete the User's content that violates legal regulations or the rights of third parties or the Operator to fulfill the Operator's legal obligations (especially if the Operator finds that the User's content violates legal regulations in any way). The User has no claims against the Operator in this regard.
7.4. In case of any violation of any obligation under this Article 7 of the Terms and Conditions by the User, upon the Operator's request, the User shall compensate all damage (property and non-property) caused by the violation of the obligation as determined by the Operator, including but not limited to the reimbursement of any fines imposed on the Operator and the costs of court, administrative, or other proceedings, including legal representation costs in full, incurred in connection with the User's violation. The User is also obliged, at the Operator's request, to take corrective action and ensure at their own expense that the violation of the Contract ceases. This does not affect any other possible claims of the Operator arising from legal regulations.
8.1. The Application, including its content and the software ensuring its operation, is protected by law as copyrighted works or other protected intangible assets.
8.2. Based on the Contract or the purchase of Paid Access, the User acquires a non-exclusive right to use the Application and its content for the duration and purposes to the extent and by the means necessary to use the Application in accordance with these Terms and Conditions (i.e., to download and install the Application, browse and view its content) (hereinafter referred to as the "License"). The License is granted worldwide and for the duration of the Contract, in the case of Paid Access for the duration of the Paid Access agreed upon at the time of acquiring Paid Access, but no later than the expiration of the copyright duration for the Application.
8.3. The User is not authorized to sublicense the Application, transfer the License to another person, or otherwise provide the Application or License to it to another person.
8.4. The User must not use the Application or its content for commercial purposes (either for their own benefit or for the benefit of a third party). The User must not make the Application or its content available to third parties. The source codes of the Application will not be provided to the User; the User is not authorized to discover, decompile, or otherwise use them. The User must not interfere with the Application or its content in any way, modify it, create reproductions, combine it with other works, or include it in a collective work. All statutory licenses or free uses in relation to the Application and its content in favor of the User are excluded as far as possible by agreement of the parties.
9.1. If the User uploads any protected intangible asset (especially as a copyrighted work or artistic performance) to the Application or otherwise provides it to the Operator for the purpose of fulfilling the Contract (hereinafter referred to as "User Content"), by uploading User Content to the Application or providing User Content to the Operator, the User grants the Operator a non-exclusive license to use the User Content for the duration of the Contract (at most for the duration of the property rights to the User Content), worldwide, and for the purpose of fulfilling the Contract and ensuring the operation of the Application, to the extent and by the means necessary for that purpose. The Operator is authorized to sublicense the User Content to a third party. The User also grants the Operator consent to assign the license to a third party. The User provides the license to the User Content free of charge and has no claim for any remuneration in connection with its provision or use of the User Content by the Operator. The parties exclude any claim for additional remuneration for the provision of the license to the User Content unless it is not possible to exclude such a claim by agreement of the parties.
9.2. If necessary to fulfill the Contract, the Operator is authorized to publish, modify, process, combine with other works, or include User Content in a collective work or complete unfinished User Content.
9.3. If the content provided by the User meets the characteristics of another protected intangible asset, the legal relations between the User and the Operator arising therefrom are primarily governed by the principles set out in this Article 9 of the Terms and Conditions, especially in terms of the right to use the content by the Operator and the remuneration for the creation of such a product.
10.1. The User declares that they are authorized to exercise rights to the User Content at least to the extent necessary for the proper fulfillment of these Terms and Conditions and that the use of the User Content does not require further consent from any collective manager or other third party. The User also guarantees that the Operator will not be obliged to pay any person any additional remuneration (or settle any other obligation) in connection with the use of the User Content. The User further declares that by providing the User Content, they do not infringe any rights of third parties. If any of the User's declarations prove to be untrue or inaccurate, the User is obliged, at the Operator's request, to compensate the Operator for all damage incurred by the Operator in connection with such untrue or inaccurate declaration of the User (including all costs of court or other proceedings). The User also undertakes, at their own expense, to obtain all rights according to these Terms and Conditions for the Operator to continue fulfilling the Contract properly. This does not affect any other possible claims of the Operator under legal regulations.
10.2. The User will defend the Operator against all claims of third parties asserted against the Operator or its clients or business partners in connection with the infringement of intellectual property rights caused by the User's actions or inaccurate declarations according to this article of the Terms and Conditions at their own expense.
10.3. To the maximum extent permitted by Czech law, the Operator will not be liable for any damage incurred by the User in connection with the operation of the Application. The Operator is not obliged to compensate the User for any damage incurred:
10.3.1. due to the inability to use the Application;
10.3.2. due to changes to these Terms and Conditions;
10.3.3. due to the loss, theft, disclosure, or misuse of the User's access data to their Account;
10.3.4. due to the use of the Application in violation of these Terms and Conditions or the law;
10.3.5. due to the use of the Application that is inherently dangerous;
10.3.6. due to the use of services or products provided by third parties;
10.3.7. independently of the Operator's will.
10.4. The User acknowledges that the Operator makes reasonable efforts to ensure the security of information transmitted in the Application when fulfilling the Contract. However, the Operator is not liable for any security breaches of the Application and transmitted information that occur independently of the Operator's will despite reasonable efforts to secure the information by the Operator.
10.5. The User is obliged to take all appropriate measures to protect their data, especially by creating backups in machine-readable formats at intervals customary for this field of activity, at least once a day. The Operator is not liable for the loss of the User's data and its recovery if such loss could have been prevented by fulfilling the obligation set out in this provision.
11.1. There is no obligation for the Operator to provide updates. However, the Operator may, at its discretion, provide the User with access to a new version of the Application by offering it for download within the Application Marketplace. Especially for updates that ensure the Application is functional, secure, and free of defects, the Operator may also designate the new version of the Application as a mandatory update. In such a case, the User must replace the original version with the new version of the Application on their device without undue delay. Otherwise, the Application may not be secure and/or functional, and the User has no rights to defective performance in connection with defects caused by using an outdated version of the Application.
11.2. The Operator is authorized to make changes to the Application at any time (adding, changing, or removing its features) for the following reasons:
11.2.1. to comply with legal requirements governing the operation of the Application and the provision of Paid Access;
11.2.2. to make technical changes needed to adapt the Application to new technologies; or
11.2.3. to improve the efficiency of the Application.
(hereinafter referred to as "Application Changes").
11.3. Application Changes will be provided to the User free of charge, and the Operator will notify the User of them in a timely manner through the Application.
11.4. If an Application Change negatively affects the User's ability to use Paid Access (e.g., Paid Access will no longer be available), the User has the right to terminate the purchase of Paid Access within 30 (thirty) days from the date they were notified of the Application Change or the date the Application Change was made, whichever occurs later. In such a case, the Operator will refund the User a proportional part of the Subscription Fee, considering the period for which Paid Access was already available to the User.
12.1. If the User uses the Application without Paid Access:
12.1.1. The Operator provides the Application "as is," meaning the Operator does not provide any warranties or representations regarding the Application without Paid Access and does not guarantee that the Application will be available, functional, secure, or free of defects or suitable for specific purposes. The User has no claims for defects or compensation for damage due to the unavailability or non-functionality of the Application.
12.1.2. In case of problems with the Application (if it is unavailable, not working, etc.), the User may contact the Operator through customer support according to Article 13 of the Terms and Conditions; however, the Operator does not guarantee any response times or problem resolution times.
12.2. If the User uses the Application with Paid Access:
12.2.1. If Paid Access has defects, the User as a consumer has the rights stated in the complaint conditions, which are Attachment No. 1 of these Terms and Conditions (hereinafter referred to as the "Complaint Conditions"). The User can exercise these rights following the procedure outlined in the Complaint Conditions.
13.1. In case of questions, complaints, or to resolve problems with the Application, the User can contact the Operator via email: support@findeekids.com.
13.2. The Operator will inform the User of the result of their request in the same manner used by the User to contact the Operator.
14.1. The Operator may suspend the User's ability to use the Application, its individual features, or access to Paid Access temporarily if there is suspicion of a violation of the Terms and Conditions by the User and in other cases specified in these Terms and Conditions (hereinafter referred to as "Application Suspension"). The Operator will notify the User of the Application Suspension and its reason in the Application interface or by email. If the suspicion is disproven, the Operator will restore the full functionality of the Application without undue delay. The User has no claims against the Operator regarding the Application Suspension according to this article.
15.1. The Contract (allowing the use of the Application without Paid Access) is concluded for an indefinite period. The User can terminate the Contract at any time by uninstalling and deleting the Application and its data from all their mobile devices.
15.2. Paid Access is always purchased for the period stated in the Paid Access offer in the Application as the period for which Paid Access is subscribed. Paid Access is automatically renewed if the User pays the Subscription Fee for the next period properly by the last day of the current Paid Access period. In such a case, Paid Access is renewed for the duration of the next Paid Access period. If the Subscription Fee for the next period is not paid properly and on time, Paid Access will expire, but the Trial Version may still be available according to the Contract unless the Operator decides otherwise.
15.3. The Operator is entitled to notify the User in writing that they do not wish to renew Paid Access, at least 1 (one) month before the end of the current Paid Access period. In such a case, Paid Access will not be renewed, and Paid Access will end after the expiration of the current Paid Access period. Any already paid Subscription Fee for the next period will be refunded to the User within 1 (one) month from the end of Paid Access. The Trial Version may still be available according to the Contract unless the Operator decides otherwise.
15.4. The Operator is entitled to terminate the Contract by written notice without notice period if the User has breached the Contract in a significant manner, provided that the Operator has informed the User of this breach by email and the User has not remedied the breach within a reasonable additional period provided by the Operator, not less than 3 (three) business days. Already paid Subscription Fees are not refunded, even partially, if the User has significantly breached the Contract. A significant breach of the Contract includes, but is not limited to:
15.4.1. the User's delay in fulfilling their obligations under this Contract for more than 2 (two) months, including a delay in paying any payment under the Contract;
15.4.2. violation of the terms of use of the Application specified in this Contract;
15.4.3. if any of the User's declarations in these Terms and Conditions are found to be untrue, incomplete, or inaccurate.
15.5. The User is entitled to terminate Paid Access by written notice without notice period. Already paid Subscription Fees are not refunded, even partially. The User acknowledges that in such a case, they will lose access to Paid Access. The Trial Version may still be available according to the Contract unless the Operator decides otherwise.
15.6. Each party to the Contract is entitled to terminate the Contract without further notice in case of liquidation or a final declaration of bankruptcy on the property of the other party.
15.7. The parties exclude statutory options for withdrawal from this Contract and its termination.
15.8. For the avoidance of doubt, the parties confirm that the termination or expiration of this Contract or Paid Access also terminates or expires all licenses or other permissions to use the Application granted to the User based on this Contract or the purchase of Paid Access. Upon termination of the Contract, the Operator will disable access to the Application and delete all User data and User Content from the Application. The User has no claims against the Operator in this regard.
16.1. If the Operator is in delay with providing Paid Access contrary to Article 3.2.2 of the Terms and Conditions, and the User has requested access within an additional period of not less than 3 (three) days, and the Operator has not fulfilled its obligation, the User may withdraw from the purchase of Paid Access. In such a case, the Operator will refund the User the Subscription Fee paid for the purchase of Paid Access from which the User has withdrawn within 14 (fourteen) days through the payment method used by the User to pay the Subscription Fee. The User may withdraw from the purchase of Paid Access without an additional period only if it is apparent from the Operator's statements or the circumstances that the Operator will not fulfill its obligation.
16.2. The User cannot withdraw from the purchase of Paid Access within the statutory 14 (fourteen) day period from its purchase if they agreed that Paid Access would be provided before the expiry of this period, and the Operator sent a confirmation of the purchase of Paid Access according to Article 6.4 of the Terms and Conditions and was informed that the right to withdraw in such a case ceases.
16.3. If the conditions under Article 16.2 of the Terms and Conditions are not met, or if the Operator expressly states on its website that a new customer of the Operator may withdraw from the purchase of Paid Access without further ado, the User may withdraw from the purchase of Paid Access within 30 (thirty) days from its purchase without giving any reason. The User may use the sample form, which is Attachment No. 2 of these Terms and Conditions, for withdrawal (but it is not mandatory).
16.4. If the User withdraws from the Contract or the purchase of Paid Access, the Operator may prevent further use of the Application or the respective Paid Access. The User must not continue to use the Application or Paid Access after withdrawal.
17.1. All notifications between the Operator and the User relating to these Terms and Conditions, the Contract, or Registration, or which must be made under them, must be made in writing and delivered to the other party. The requirement for written form is met if made electronically through the Application interface or if the notification is sent in electronic form as an attachment to an email message in PDF format via the following contacts:
17.1.1. Operator's contact details: phone: +420 777 644 667, email: as per Article 13 of the Terms and Conditions;
17.1.2. User's contact email provided by the operator of the payment method used to pay the Subscription Fee, or the User's email stated in the Contract or within the User Account.
17.2. The parties undertake to inform the other party of any changes to contact details no later than 3 (three) business days. The User must do so by updating the information in the User Account.
18.1. Information on the processing of Users' personal data in connection with the use of the Application can be found in the document "Information on Personal Data Processing," which is available on the Operator's website or in the relevant Application Marketplace.
If a consumer dispute arises between the User and the Operator that cannot be resolved by mutual agreement, the User may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, web: adr.coi.cz. The User can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr.
20.1. The Contract is concluded only between the User and the Operator, as are the rights and obligations arising from the purchase of Paid Access. The Application Marketplace Operator is not a party to it. The Application Marketplace Operator is not responsible for the properties, operation, functionality, service, or maintenance of the Application.
20.2. If the Application does not meet the warranty provided by the Operator, the User may notify the Application Marketplace Operator, who may refund the User payments for the Application under the conditions of the respective Application Marketplace. However, the Application Marketplace Operator has no other obligations to settle any claims arising from warranty breaches or defects in the Application, liability for any damage, or other expenses.
20.3. If the User downloaded the Application from the Apple Store Application Marketplace, they can use the Application only on Apple-branded products owned or controlled by the User, as allowed by the usage rules stated in the Apple Media Services Terms and Conditions, except where other accounts associated with the User through Family Sharing, group purchasing, or as contacts for inheritance may access and use such an Application.
20.4. Any claims by third parties of alleged intellectual property rights violations in connection with the use of the Application will be handled by the Operator, not the Application Marketplace Operator.
20.5. The Application Marketplace Operator may enforce compliance with the Contract by the User.
20.6. The User declares and guarantees that (i) they are not located in a region subject to a US government embargo or designated by the US government as a region supporting terrorism, and (ii) they are not listed on any US government list of prohibited or restricted parties.
20.7. The User must comply with the terms of service providers of third-party services (e.g., internet service providers) when using the Application.
21.1. To the maximum extent permitted by Czech law, the Operator will not be liable for any damage incurred by the User in connection with the use of the Application. The Operator will compensate the User only for damage caused by the use of the Application through the Operator's gross negligence or intent or for such damage where the claim for compensation cannot be validly waived.
21.2. The User agrees to the use of remote communication means when concluding the Contract. The costs incurred by the User when using remote communication means in connection with the conclusion of the Contract (especially internet connection costs, telephone call costs) are borne by the User. The Contract can be concluded in the Czech language.
21.3. The Operator is entitled to supplement or change these Terms and Conditions, including the terms of Paid Access, at any time at its discretion. Such changes will be published in advance in the Application interface and also sent to the User's email if the Operator has it available. Changes according to this paragraph will take effect at the beginning of the next calendar month following the announcement of the change, unless stated otherwise in the announcement. The previous version of the Terms and Conditions ceases to be effective on the effective date of the new version of the Terms and Conditions. Subject to applicable legal regulations, the continued use of the Application by the User after the changes according to this paragraph take effect indicates the User's consent to the changes. If the User disagrees with the change in conditions according to this paragraph, they are entitled to terminate the Contract by written notice delivered by email to the Operator according to Article 17.1.1 of the Terms and Conditions no later than the last day of the current version of the Terms and Conditions. In such a case, the Contract will end on the last day of the current Terms and Conditions of Paid Access.
21.4. If any provision of these Terms and Conditions is invalid or unenforceable, such fact does not affect the validity or enforceability of the remaining provisions of the Terms and Conditions.
21.5. The User may not transfer or otherwise encumber their claims against the Operator without the Operator's written consent. The User agrees that the Operator has the right to assign the Contract, rights, and obligations arising from the purchase of Paid Access, or their part, to a third party.
21.6. Section 1740(3) of the Civil Code does not apply.
21.7. These Terms and Conditions, the Contract, and all legal relations arising therefrom are governed by the laws of the Czech Republic.
21.8. This version of the Terms and Conditions takes effect on September 1, 2024.
- complaint conditions
- Sample form for withdrawal
1.1. The Complaint Conditions govern the User's rights arising from defects in the Application and the procedure for exercising their rights. The Complaint Conditions apply if the User is a consumer and uses the Application, including Paid Access. The Complaint Conditions do not apply to the Application without Paid Access (Demo Access).
2.1. The User can complain about a defect that appears or occurs in the Application with Paid Access during the term of the Contract.
2.2. The User submits a complaint in writing using the contact details provided in Article 3.1 of the Complaint Conditions. The complaint must include at least:
2.2.1. confirmation of the purchase of Paid Access to which the complaint relates; confirmation is sent by the Operator according to Article 6.5 of the Terms and Conditions;
2.2.2. a description of the problem with the Application; and
2.2.3. what the User requests from the Operator (which right from defective performance they are exercising according to these Complaint Conditions).
2.3. If the Application has a defect, the User may request its removal unless it is impossible or disproportionately expensive.
2.4. The Operator will remove the defect within a reasonable period after it is notified to avoid causing significant inconvenience to the User, considering the nature and purpose of the Application.
2.5. The User may request a reasonable discount on the Subscription Fee or withdraw from the purchase of Paid Access if:
2.5.1. the Operator has not removed the defect according to Article 2.4 of the Complaint Conditions, or it is apparent from the Operator's statements or circumstances that the defect will not be removed within a reasonable period or without significant inconvenience to the User;
2.5.2. the defect reappears after removal; or
2.5.3. the defect constitutes a substantial breach of the conditions for providing Paid Access.
2.6. The User cannot withdraw from the purchase of Paid Access if the defect is insignificant.
2.7. Withdrawal is only possible to the extent of defective performance; if funds are to be refunded to the User, it will be to the extent the Application was defective, considering the duration of such a defect.
2.8. Monetary amounts to be refunded by the Operator due to defective performance will be returned to the User at the Operator's expense without undue delay, but no later than 14 (fourteen) days from the date the User exercised the relevant right from defective performance with the Operator. The same method used by the User to pay the relevant amount will be used unless the User expressly agrees otherwise and incurs no costs as a result.
2.9. The User has no rights from defects if they did not perform an update of the Application, and the defect arose solely due to the unperformed update.
2.10. To verify the nature of the defect, the User will provide the Operator with the necessary cooperation to a reasonable extent. If the User refuses to provide cooperation, it is up to them to prove that the Application is provided with defects.
3.1. To submit a complaint, the User must use one of the following contacts:
3.1.1. e-mail: support@findeekids.com,
3.1.2. operational address:: TLV s.r.o., Pitterova 2855/7, 130 00, Czech republic
3.1.3. mailing adresa: TLV s.r.o., Pitterova 2855/7, 130 00, Czech republic
3.2. The Operator will contact the User using the method the User used to communicate with the Operator or the User's email that the Operator has.
4.1. The provisions of the Complaint Conditions do not affect the rights and obligations of the User under the Terms and Conditions (especially regarding the right to withdraw from the purchase of Paid Access and others).
4.2. These Complaint Conditions take effect on September 1, 2024.
