Debito is an application for the Google Play and App store platform developed and offered to users by DEBITO TECHNOLOGIES s.r.o.,company ID number: 054 50 454, registered office: Starochodovská 1360/78, 149 00 Prague 4 (the “Provider”). The Debito application helps users administer their documents and contractual relations, provides them with an overview of their income and expenses and provides them with an overview of their finances, by providing them with an environment for such purposes.
Use of the Debito application and use of the related services provided by the Provider is governed by the following terms and conditions of use (the “Terms and Conditions”), which, when your consent to them, become a binding agreement between you and the Provider.
Consent to Terms and Conditions
These Terms and Conditions set out the legal relationship between you and the Provider and also represent a binding agreement between you and the Provider, based on which the Provider provides you with services as a part of your user account to the extent set out by the relevant version of the Debito application. The current Terms and Conditions are always available at distribution platforms or directly in the Debito application, and in the event you ask for it by e-mail they will be sent to the e-mail address designated by you.
Use of the Debito application is not possible until you express your consent to the Terms and Conditions as a part of the login process when creating a user account. By doing this you express your will to be bound by these Terms and Conditions. By doing this you confirm that you are over 15 years of age and you are sufficiently able to conclude this agreement.
Duration of Agreement and Its Termination
This agreement will be effective for the entire period for which you use the Debito application or until the termination of this agreement by you or by the Provider. The termination of the agreement always means the irreversible deletion of the user account, including all documents stored in the application.
You can terminate the agreement at any time for any reason by sending an e-mail to the Provider containing a notification of the end of this agreement and also by deleting the Debito application, or using the “Delete all records” function in the Debito application.
The Provider is entitled to terminate this agreement at any time after prior notification. The notice term is two months after notification for the Provider, unless agreed otherwise. In exceptional cases in accordance with the law of the EU or the Czech Republic, for example in the event of a suspicion of money laundering, financing terrorism or in the event of the freezing of the user’s funds, or any other measure linked to the prevention or investigation of criminal actions, the Provider can cancel a user account and terminate this agreement without further action, at any time.
Amendments to Agreement
The Provider is entitled, as it sees fit, to amend these Terms and Conditions in the event of an amendment to legal regulations, changes to the functioning of financial services, technological or organisational changes, or if the changes are necessary for the purpose of ensuring compliance with legal regulations or for the purpose of improving services provided by the Provider through the Debito application. You will be informed in advance of the changes through the Debito application or by e-mail. Planned changes to the Terms and Conditions will always be notified two months in advance. By further use of the application you express your consent to the amendment to the Terms and Conditions. The issue of an update for the application can contain an update to the Terms and Conditions for existing users. By updating the Debito application you express your consent to the updated Terms and Conditions.
Use of Application
You can use the Debito application only in accordance with the Terms and Conditions, for the purpose for which it is designated, in accordance with valid legal regulations.
Registration and User Account
It is necessary to log in so that you can use the Debito application. You can log in using your account at Facebook or Google+. You undertake to keep your personal details correct and up-to-date. You undertake to protect your login details for the Debito application from abuse by third parties. Only you are responsible for activities on your user account. The Provider reserves the right to refuse to register a user or suspend his/her user account at any time.
Content of User Account
You can input and upload data, documents and photographs or other content to the Debito application environment. However, you are responsible for the uploaded data and documents being in compliance with legal regulations. You grant the Provider your consent to handling of such data in connection with the Provider’s services, globally, unreservedly and for free and you grant the Provider an authorisation, in connection with the provision of services, to copy, reproduce, change, further process, publish and further provide such data. You declare that you are authorised to grant such authorisation to the Provider. This licence applies throughout the duration of the relationship between the Provider and the user.
It is not permitted to upload to the application any content that is in conflict with legal regulations or that damages third party rights, including any content that is pornographic, racist, displays violence or is discriminatory. The Provider does not review the contents in each individual case, but reserves the right to remove unpermitted content or cancel access to such content. The Provider is not responsible for the correctness of the content or information input by the user into the application. The Provider is not liable for the loss of data input into the application. The Provider recommends regular backing up of data using other tools.
Liability for Advice
Based on your consent (granted through the inputting of data into the Debito application), the Provider can provide you with financial advice regarding data input into the application or an offer of financial products that concern such data. The Provider is also entitled to publish, as a part of the application or by sending an e-mail to a user, a business communication or advertisement that is related to data input by the user into the application or services used by them. You hereby take note that such communications in no way establish liability for professional advice on investments, in the field of taxation or for any other professional advice. In no case is the Provider liable for any detriment or damage suffered by you or third parties in connection with such advice.
Rights to Data
The Debito application and rights related to it, including rights for the protection of intellectual property, are the property of the Provider. These Terms and Conditions in no way provide you, over the framework of rights stipulated by these Terms and Conditions, with any other rights to such rights of the Provider.
In accordance with these Terms and Conditions, the Provider grants you a limited, non-exclusive, further non-transferable right to use the Debito application and the services through the application. This right is granted only to you and is not for commercial use. For this reason you are not entitled to further provide the Debito application for use to any third party, for consideration or without consideration.
Based on the authorisations provided by the Provider, you are not authorised to access the Debito application other than through an official version of the Debito application, you are not authorised to obtain any data from it other than through the application or change the application’s database, with the exception of a change to your user data.
Hardware and System Requirements
Information about the Debito application’s current system and hardware requirements is always available at the website of the relevant distribution platform for the Debito application.
Maintenance and Support
The Debito application is constantly being developed and the Provider reserves the right, as it sees fit, to update the Debito application, change its character or change or cancel any functions it has, without prior notification. However, you take note that the Provider is in no way obligated to update or further develop the application.
The Provider does not and cannot guarantee the uninterrupted operation of the Debito application. The Debito application may be temporarily unavailable due to maintenance, technical problems or for other reasons that are outside the Provider’s control.
Price of Application
The Debito application is completely free of charge. The Provider reserves the right to charge a fee for the application by marketing a version with expanded functions. Whether to use the expanded version will be up to you. Downloading or using the Debito application may obviously require payment to internet connection providers. Naturally, you will bear such costs.
By using the Debito application you take note that the Provider will process your personal data, to the extent necessary for the provision of services in accordance with this agreement. Information about the processing and handling of personal data are contained in the “Principles for Personal Data Processing” that are an integral part hereof. You can rescind your consent to personal data processing at any time.
Guarantees and Limitation on Liability
To the widest extent permitted by the relevant legal order, the Provider is not liable for any direct or indirect damage, including lost profit or loss of data, caused by the fact that it is not possible to use the Debito application or third-party services integrated into the application for reasons outside the Provider’s control and that the Provider cannot influence, in particular cases of force majeure.
You undertake to compensate the Provider, its employees or representatives for any claims made against them in connection with any third-party claims against them in connection with the use of the Debito application by you in conflict with these Terms and Conditions and the agreement.
The Debito application can integrate third party applications. You take note that in such case rules other than the ones contained in these Terms and Conditions may apply, including rules for personal data protection, that the Provider cannot guarantee the functionality of such applications and that for the functionality of the Debito application in such case you have to agree to the terms and conditions stipulated by the third parties.
If you are the user of a device with iOS, the following rules apply to you:
You take note that the Terms and Conditions are binding between you and the Provider, not Apple, and that it is the Provider, not Apple, that is responsible for the Debito application and its content, with the exception of user content.
In every case, use of the Debito application must be in compliance with the App Store terms and conditions, as published there.
You take note that in relation to the Debito application the Provider, not Apple, is responsible for support and maintenance.
Liability for any detriment in connection with the use of the Debito application always lies with the Provider, not with Apple.
Regardless of the above, you take note and agree that Apple and its related parties are entitled, based on these Terms and Conditions, to claim rights due to a breach of these Terms and Conditions from you.
Out-of-court dispute resolution is possible, in particular, through (i) mediation or (ii) arbitration (arbitration proceedings); dispute resolution in the aforementioned manner is based on the voluntary participation of both parties, the objectivity and impartiality of proceedings; the entity for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority (CTIA), Štěpánská 15, 120 00 Prague 2, email: firstname.lastname@example.org, web: adr.coi.cz; if you are a consumer, you can also make use of an online platform for dispute resolution that was established by the European Commission at: http://ec.europa.eu/consumers/odr/; the supervisory and control body of the state administration in relation to the Provider is the CTIA (more detailed information is stated in Act No. 64/1986 Coll., on the Czech Trade Inspection Authority, as amended).
Applicable Law and Jurisdiction of Courts
Unless expressly stipulated otherwise by a certain legal order, these Terms and Conditions are governed by the legal order of the Czech Republic. A dispute between you and the Provider will be resolved by the court that has local jurisdiction and is, according to Czech procedural regulations, the general court of the Provider as of the day the court proceedings are commenced.
You agree that the decisive language for communication between you and the Provider is English. All information about the Debito application is primarily in English, including these Terms and Conditions.
Please address your questions and requests regarding the Debito application to:
DEBITO TECHNOLOGIES s.r.o., Starochodovská 1360/78, 149 00 Prague 4