Terms of Service

Effective date: 1st of October, 2024

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 INTRODUCTORY PROVISIONS


1. These terms and conditions set out the principles and rules for end users of the Hobio mobile application (hereinafter referred to as the "Application") operated by Hobio s.r.o., Company ID: 21881227, with its registered office at Kaprova 42/14, Staré Město, 110 00 Prague 1, Czech Republic (the "Provider").

2.   The Application is intended for use by its registered users (collectively as the "Users" or individually as the "User") in accordance with its purpose of connecting and introducing Users based on their preferences, interests and activities. 


 USER REGISTRATION


3. Each User can register and create a user account (the "Account") through the registration form in the Application by entering their name and surname, email address and password, or register an Account by linking data from the social network Facebook or through a Google or Apple ID account. Upon registration, each User will be assigned a unique Account within the Application.

4.  The Provider does not charge any fees to Users for downloading and using the Application within the scope of its basic functions. However, the Application allows for the activation of a paid premium membership or services, which allow the Users to use the enhanced features of the Application.

5. Users are required to accept these Terms to access and use the Application. By registering within the Application and creating an Account, the User agrees to comply with these Terms.

6. The Application can only be used by Users over 18 years of age.

7.   Users shall bear the costs associated with transferring the data necessary to use the Application (including download, installation, initialization, and usage). The Provider shall not be responsible for any fees charged by operators or internet connection providers.


AVAILABILITY


8. The Application can be downloaded on the following platforms:

- Application Store (for iOS)

- Google Play (for Android)

 USE OF THE APPLICATION


9.  The User shall use the Application in accordance with applicable laws, rules of social coexistence and respectful behavior, these Terms and the rules of the store from which the Application was downloaded.

10.  In particular, the User is prohibited from:

- use of the Application in a manner that adversely affects its functionality;

- circumventing the security features of the Application and the rules for its use;

- conducting any commercial activity through the Application, such as sending or posting unsolicited commercial communications on the Application, unless the User has subscribed to an appropriate premium membership that allows such use of the Application;

- creating multiple Accounts for one User;

- misusing other Users' Accounts or gaining unauthorised access to other Users' passwords or Accounts;


11. The User shall:

- use the Application in a manner that do not disrupt other Users or excessively burden the Provider;

- keep their Account login details secure and not disclose them to any other person;

- promptly report to Provider any violation of these Terms by other Users;  

- update their contact details in their Account.


12. In the event that the User breaches these Terms, the Provider may, with immediate effect and without refund, prior notice or explanation:

- temporarily or permanently block their Account;

- restrict the User's access to all or some of the features of the Application offered within the Application if the User grossly violates these Terms or applicable law, in particular if the User has provided false information during registration or violated these Terms;

- permanently delete the Account of the User;

- delete or refuse to post any User content, especially if such content violates any laws, spreads pornography, racial or ethnic hatred or intolerance, contains malicious code or links to websites containing malicious code, spreads intentionally false information, or violates the rights of other Users or the Provider.

13. The Provider has the right, but not the obligation, to immediately inform the User that access to their account has been blocked or that their Account or the content of the Account has been deleted.

14.  A User who has been denied access to the Application may not re-register for the Application without the prior consent of the Provider.


 PROVIDER'S LIABILITY


15. The Provider shall not be liable for damages incurred by the User as a result of using the Application and its functions. Each User uses the Application at their own discretion and assumes all related risks.

16. In the event that the Application is not functional, the Provider is not obliged to provide compensation to the User or respond to the User's requests under these Terms.

17. The Provider shall not be liable for:

- the accuracy, correctness, timeliness or suitability of the content of the Application for any purpose;

- technical problems or technical limitations in the equipment, telecommunications information system or telecommunications infrastructure used by the User that prevent the User from using the Application;

- unavailability of the Application for any reason;

- content of the Application provided by users or third parties or other Users who have been granted access to the Application or who publish their content (in particular advertising messages) on the Application. This responsibility rests solely with the Users or the aforementioned third parties who provided the content;

- actions taken by Users based on information obtained from the Application, including their consequences and any damages resulting therefrom.

18.  The User acknowledges that in the event of technical server maintenance, updates to the Application or related activities, the Application User Accounts may temporarily not function or be available.

19. The User and the Provider agree to exclude, to the maximum extent permitted by applicable law, the Provider's liability for any direct, indirect, special, or other damages or losses, including lost profits, lost opportunities, damage to reputation, loss of goodwill, loss of receivables, whether or not they result from any breach of the Terms, originate from defects in the Application, breach of legal obligation of the Provider, etc., regardless of whether the User has notified the Provider of the occurrence of such damages or losses. 

20.To the extent permitted by law, the User expressly waives the right to compensation for any damage, except for damage caused by the Provider's intent or gross negligence or arising from the User's natural rights. In no event shall the Provider be liable in any way for loss or damage to the User's data or disclosure of data stored in the Application to third parties. 

21.If the Provider's liability under this paragraph cannot be excluded, the Provider and the User agree that the Provider's liability to the User for all claims of the User arising in connection with the operation of the Application shall not exceed CZK 1000 per User, and to the extent that the User exceeds this amount, the User waives the right to compensation for damages and non-pecuniary loss.

22. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER'S LIABILITY FOR DISCLOSURE OF USER INFORMATION DUE TO TRANSMISSION ERRORS, UNAUTHORIZED ACCESS BY THIRD PARTIES, OR OTHER CAUSES BEYOND THE PROVIDER'S CONTROL, ARISING FROM THE USE OF THE APPLICATION OR RELATED SERVICES OR THE PROVISION OF PERSONAL DATA BY USER, IS EXCLUDED.

23.Users agree that the Provider may communicate with them electronically regarding security, privacy and administrative matters related to the User's use of the Application or related services. If the Provider becomes aware of a security breach, the Provider may attempt to notify the User electronically by posting a notice in the Application, by mail, or by sending an email to the User.

24. The User acknowledges that the Application is provided “as is”, without any express or implied warranty of functionality, availability, fulfillment of any commercial or private purpose, and without warranty of absence of errors, failures, defects or malfunctions. However, in the event of a reported defect in the Application, the Provider undertakes to investigate the reported defect within a reasonable time and, if possible and appropriate, to take measures to remedy the defect in the Application, in particular by correcting it in the next possible version update of the Application.


 CHANGES IN TERMS AND FUNCTIONS


31.The Provider reserves the right to change the technical method of implementation of the Application functions depending on the scope and conditions of available legal and technical possibilities.

33.  The Provider may unilaterally change these Terms at any time. Notification of changes to these Terms will be sent to the User's email address specified in the User's account or disclosed via the Application interface no later than 14 days before the updated Terms become effective. If the User does not object in writing to the amended Terms within seven days of receipt of such notice, and continues to use the Application after that time, the changes to the Terms will be deemed accepted and the User agrees to comply with them.


 THIRD PARTY WEBSITES OR SERVICES

34.  The Provider is not the provider of the services or products offered in advertising messages by third parties through the Application and does not guarantee their proper provision by third parties. Each User who decides to use a service offered in advertising messages displayed on the Application shall conclude the relevant contract with the third party (not with the Provider) separately.

35. The Application may contain links to other websites or services, and other websites may link to third party websites or other services. These other third-party websites or services are not controlled by the Provider. The Provider encourages the Users to read the privacy policy of each website and application with which they come into contact. Provider does not endorse, verify or approve, and is not responsible for the privacy policies or the content of these other websites or third-party applications. Visiting, accessing or using these other websites or applications is at the User's own risk.

SECURITY 


36.  The Provider shall implement reasonable security measures to protect against the loss, misuse and alteration of the User's personal data under its control. Notwithstanding these measures, Users acknowledge that no security measures are perfect or impenetrable and therefore Provider cannot guarantee the security of any information transmitted to or from the Application. The Provider is not responsible for the actions of third parties who may receive such information. Users acknowledge that the Application is not intended for the input of sensitive information about the User (special categories of personal data).


LICENCES AND INTELLECTUAL PROPERTY RIGHTS


37.  Except for the limited right of non-exclusive use of the Application to the extent and in accordance with these Terms for the limited period of the User Account, the User may not use the Application in any other way. In particular, Users shall not be entitled to obtain, use, modify or copy the source code of the Application.

38. The Application is protected by copyright and other intellectual property rights exercised by the Provider. The Provider does not transfer any rights to the Application to the User.

39. Both the User and the Provider are entitled to terminate the contract established by these Terms with immediate effect, even without giving any reason. However, in the case of a contract for the provision of premium services, in the event of termination by the User, or in the event of termination by the Provider for breach of these Terms and Conditions, payments made by the User shall not be refunded and shall be forfeited without compensation.

 FINAL PROVISIONS


40.  In the event that any provision of these Terms becomes invalid or ineffective, the validity or effectiveness of the remaining provisions of these Terms shall not be affected. Such invalid or ineffective provision will be replaced by a provision whose purpose is as nearly as possible the same as the invalid or ineffective provision and the entirety of these Terms.

41. Relations between the Provider and the User are governed by the law of the Czech Republic.

42. Any disputes between the Provider and the User regarding the use of the Application shall be resolved by the courts of the Czech Republic, as determined by the district of the Provider's registered office.  


These Terms are effective as of 1.10.2024.

 INTRODUCTORY PROVISIONS


1. These terms and conditions set out the principles and rules for end users of the Hobio mobile application (hereinafter referred to as the "Application") operated by Hobio s.r.o., Company ID: 21881227, with its registered office at Kaprova 42/14, Staré Město, 110 00 Prague 1, Czech Republic (the "Provider").


2.   The Application is intended for use by its registered users (collectively as the "Users" or individually as the "User") in accordance with its purpose of connecting and introducing Users based on their preferences, interests and activities. 


 USER REGISTRATION


3. Each User can register and create a user account (the "Account") through the registration form in the Application by entering their name and surname, email address and password, or register an Account by linking data from the social network Facebook or through a Google or Apple ID account. Upon registration, each User will be assigned a unique Account within the Application.


4.  The Provider does not charge any fees to Users for downloading and using the Application within the scope of its basic functions. However, the Application allows for the activation of a paid premium membership or services, which allow the Users to use the enhanced features of the Application.


5. Users are required to accept these Terms to access and use the Application. By registering within the Application and creating an Account, the User agrees to comply with these Terms.


6. The Application can only be used by Users over 18 years of age.


7.   Users shall bear the costs associated with transferring the data necessary to use the Application (including download, installation, initialization, and usage). The Provider shall not be responsible for any fees charged by operators or internet connection providers.


AVAILABILITY


8. The Application can be downloaded on the following platforms:

- Application Store (for iOS)

- Google Play (for Android)

 USE OF THE APPLICATION


9.  The User shall use the Application in accordance with applicable laws, rules of social coexistence and respectful behavior, these Terms and the rules of the store from which the Application was downloaded.


10.  In particular, the User is prohibited from:

- use of the Application in a manner that adversely affects its functionality;

- circumventing the security features of the Application and the rules for its use;

- conducting any commercial activity through the Application, such as sending or posting unsolicited commercial communications on the Application, unless the User has subscribed to an appropriate premium membership that allows such use of the Application;

- creating multiple Accounts for one User;

- misusing other Users' Accounts or gaining unauthorised access to other Users' passwords or Accounts;


11. The User shall:

- use the Application in a manner that do not disrupt other Users or excessively burden the Provider;

- keep their Account login details secure and not disclose them to any other person;

- promptly report to Provider any violation of these Terms by other Users;  

- update their contact details in their Account.


12. In the event that the User breaches these Terms, the Provider may, with immediate effect and without refund, prior notice or explanation:

- temporarily or permanently block their Account;

- restrict the User's access to all or some of the features of the Application offered within the Application if the User grossly violates these Terms or applicable law, in particular if the User has provided false information during registration or violated these Terms;

- permanently delete the Account of the User;

- delete or refuse to post any User content, especially if such content violates any laws, spreads pornography, racial or ethnic hatred or intolerance, contains malicious code or links to websites containing malicious code, spreads intentionally false information, or violates the rights of other Users or the Provider.


13. The Provider has the right, but not the obligation, to immediately inform the User that access to their account has been blocked or that their Account or the content of the Account has been deleted.


14.  A User who has been denied access to the Application may not re-register for the Application without the prior consent of the Provider.


 PROVIDER'S LIABILITY


15. The Provider shall not be liable for damages incurred by the User as a result of using the Application and its functions. Each User uses the Application at their own discretion and assumes all related risks.


16. In the event that the Application is not functional, the Provider is not obliged to provide compensation to the User or respond to the User's requests under these Terms.


17. The Provider shall not be liable for:

- the accuracy, correctness, timeliness or suitability of the content of the Application for any purpose;

- technical problems or technical limitations in the equipment, telecommunications information system or telecommunications infrastructure used by the User that prevent the User from using the Application;

- unavailability of the Application for any reason;

- content of the Application provided by users or third parties or other Users who have been granted access to the Application or who publish their content (in particular advertising messages) on the Application. This responsibility rests solely with the Users or the aforementioned third parties who provided the content;

- actions taken by Users based on information obtained from the Application, including their consequences and any damages resulting therefrom.


18.  The User acknowledges that in the event of technical server maintenance, updates to the Application or related activities, the Application User Accounts may temporarily not function or be available.


19. The User and the Provider agree to exclude, to the maximum extent permitted by applicable law, the Provider's liability for any direct, indirect, special, or other damages or losses, including lost profits, lost opportunities, damage to reputation, loss of goodwill, loss of receivables, whether or not they result from any breach of the Terms, originate from defects in the Application, breach of legal obligation of the Provider, etc., regardless of whether the User has notified the Provider of the occurrence of such damages or losses. 


20.To the extent permitted by law, the User expressly waives the right to compensation for any damage, except for damage caused by the Provider's intent or gross negligence or arising from the User's natural rights. In no event shall the Provider be liable in any way for loss or damage to the User's data or disclosure of data stored in the Application to third parties. 


21.If the Provider's liability under this paragraph cannot be excluded, the Provider and the User agree that the Provider's liability to the User for all claims of the User arising in connection with the operation of the Application shall not exceed CZK 1000 per User, and to the extent that the User exceeds this amount, the User waives the right to compensation for damages and non-pecuniary loss.


22. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER'S LIABILITY FOR DISCLOSURE OF USER INFORMATION DUE TO TRANSMISSION ERRORS, UNAUTHORIZED ACCESS BY THIRD PARTIES, OR OTHER CAUSES BEYOND THE PROVIDER'S CONTROL, ARISING FROM THE USE OF THE APPLICATION OR RELATED SERVICES OR THE PROVISION OF PERSONAL DATA BY USER, IS EXCLUDED.

23.Users agree that the Provider may communicate with them electronically regarding security, privacy and administrative matters related to the User's use of the Application or related services. If the Provider becomes aware of a security breach, the Provider may attempt to notify the User electronically by posting a notice in the Application, by mail, or by sending an email to the User.


24. The User acknowledges that the Application is provided “as is”, without any express or implied warranty of functionality, availability, fulfillment of any commercial or private purpose, and without warranty of absence of errors, failures, defects or malfunctions. However, in the event of a reported defect in the Application, the Provider undertakes to investigate the reported defect within a reasonable time and, if possible and appropriate, to take measures to remedy the defect in the Application, in particular by correcting it in the next possible version update of the Application.


 CHANGES IN TERMS AND FUNCTIONS


31.The Provider reserves the right to change the technical method of implementation of the Application functions depending on the scope and conditions of available legal and technical possibilities.


33.  The Provider may unilaterally change these Terms at any time. Notification of changes to these Terms will be sent to the User's email address specified in the User's account or disclosed via the Application interface no later than 14 days before the updated Terms become effective. If the User does not object in writing to the amended Terms within seven days of receipt of such notice, and continues to use the Application after that time, the changes to the Terms will be deemed accepted and the User agrees to comply with them.


 THIRD PARTY WEBSITES OR SERVICES


34.  The Provider is not the provider of the services or products offered in advertising messages by third parties through the Application and does not guarantee their proper provision by third parties. Each User who decides to use a service offered in advertising messages displayed on the Application shall conclude the relevant contract with the third party (not with the Provider) separately.


35. The Application may contain links to other websites or services, and other websites may link to third party websites or other services. These other third-party websites or services are not controlled by the Provider. The Provider encourages the Users to read the privacy policy of each website and application with which they come into contact. Provider does not endorse, verify or approve, and is not responsible for the privacy policies or the content of these other websites or third-party applications. Visiting, accessing or using these other websites or applications is at the User's own risk.


SECURITY 


36.  The Provider shall implement reasonable security measures to protect against the loss, misuse and alteration of the User's personal data under its control. Notwithstanding these measures, Users acknowledge that no security measures are perfect or impenetrable and therefore Provider cannot guarantee the security of any information transmitted to or from the Application. The Provider is not responsible for the actions of third parties who may receive such information. Users acknowledge that the Application is not intended for the input of sensitive information about the User (special categories of personal data).


LICENCES AND INTELLECTUAL PROPERTY RIGHTS


37.  Except for the limited right of non-exclusive use of the Application to the extent and in accordance with these Terms for the limited period of the User Account, the User may not use the Application in any other way. In particular, Users shall not be entitled to obtain, use, modify or copy the source code of the Application.


38. The Application is protected by copyright and other intellectual property rights exercised by the Provider. The Provider does not transfer any rights to the Application to the User.

39. Both the User and the Provider are entitled to terminate the contract established by these Terms with immediate effect, even without giving any reason. However, in the case of a contract for the provision of premium services, in the event of termination by the User, or in the event of termination by the Provider for breach of these Terms and Conditions, payments made by the User shall not be refunded and shall be forfeited without compensation.


 FINAL PROVISIONS


40.  In the event that any provision of these Terms becomes invalid or ineffective, the validity or effectiveness of the remaining provisions of these Terms shall not be affected. Such invalid or ineffective provision will be replaced by a provision whose purpose is as nearly as possible the same as the invalid or ineffective provision and the entirety of these Terms.


41. Relations between the Provider and the User are governed by the law of the Czech Republic.


42. Any disputes between the Provider and the User regarding the use of the Application shall be resolved by the courts of the Czech Republic, as determined by the district of the Provider's registered office.  


These Terms are effective as of 1.10.2024.

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