Breedify

GENERAL TERMS AND CONDITIONS

ToS, s.r.o. registered in the Commercial Register of the District Court Bratislava I, section Sro, file no. 92449 / B, Business ID: 47418982, VAT ID: 2023873973 based at Mlynarovičova 15, 851 03 Bratislava (hereinafter referred to as "the Company" in the respective grammatical form) valid and effective in the operation and use of the website www.breedify.online and their aliases (www.breedify.sk , and / or www.breedify.hu and the like) and the provision of service / services to Tos, s.r.o. .

1. INTRODUCTORY PROVISIONS

1.1 These General Terms and Conditions govern in detail the framework of the legal relationship between the Company and the visitor arising from browsing the content of the website and the framework of the legal relationship between the Company and the user arising from the use of the service by the user. The visitor and the user are bound by the rules governed by these General Terms and Conditions from the moment they acquire the status of visitor and / or user.

1.2 Legal relations not governed by these General Terms and Conditions shall be governed by the relevant generally binding legal regulations valid and effective in the territory of the Slovak Republic, in particular by Act No. 513/1991 Coll. Commercial Code, as amended, even if the visitor or user are business entities registered abroad or are natural persons who are citizens of countries other than the Slovak Republic.

1.3 For the purposes of these General Terms and Conditions, the Website is a website whose content is displayed to visitors and users in a standard Internet browser after entering the domain address as www.breedify.online for the avoidance of any doubt of the General Terms and Conditions means any website identified through the subdomain address of www.breedify.online. The Company is entitled to use the www.breedify.online domain and its subdomains based on a special legal relationship.

1.4 Website content is all graphical, textual or other content that is displayed to the visitor and / or user when browsing the website and / or when using the service in addition to the user's content. The Company exercises all proprietary rights of authors or other persons involved in its creation with its creative intellectual activity and at the same time has all rights to the content of the website which is not protected by third party rights in the field of intellectual property rights. For the avoidance of doubt it is provided that the content of the website is all software that the visitor and/or the user has the opportunity to use when browsing the website. Whenever the term content of the website is used in these Terms and Conditions, it means the content of the website as a whole and, at the same time, any part thereof, unless otherwise specified in these Terms and Conditions. Without the prior consent of the company, neither the visitor nor the user has the right to use the content of the website or any part of it.

1.5 For the purposes of these General Terms and Conditions, the User Content is any data or other content created by the User through a special program environment of the Website, through a user account, and stored in a data store designated by the Company for use of the Service. The user's content is not the content of the website and is the property of the user and the user is fully responsible for the compliance of the user's content with the relevant generally binding legal regulations valid and effective in the territory of the Slovak Republic.

1.6 For the purposes of these General Terms and Conditions, a visitor is a natural or legal person who enters the domain address www.breedify.online or one of the subdomains of the domain www.breedify.online into the command line and the content of the website is displayed or redirected to the content of a webpage from an Internet search service or other webpage, and the webpage content is displayed.

1.7 The User is a legal or natural person authorized to do business according to a special regulation, or a natural person (non-business) who truthfully and completely filled in the registration form and registered to use the service provided by the Company using the website.

1.8 A user account is a user's workspace that a user can access after registration, and which is used by the user. Access to each user account will be defined by a unique login name and password associated with the login menu, or based on third-party authentication. A mandatory part of the successful creation of a user account is to acknowledge these general terms and conditions of the company.

1.9 For the purposes of these General Terms and Conditions, the Service is a service for the administration of information and informative character of the user's data to the extent according to the offer made available to the public on the website and designated by the company. The service is provided for a fee by the Company at prices according to the current price list available to the public via the website. The Company reserves the right to provide the service, free of charge or at a price reduced by the Company's specified amount, for a period specified by the Company. The service also includes storing records and information that the user enters into the service. This record-keeping does not have the character of archiving the user's documents in accordance with Act no. 395/2002 Coll. on archives and registries, as amended. At the same time, the Company reserves the right to inform the user of the status of the subscription.

1.10 The Company is a trading company established, incorporated and registered in the relevant registers in accordance with the relevant generally binding legal regulations valid and effective in the territory of the Slovak Republic and is authorized to carry on business activities so that it can operate both the website operator and service provider.

1.11 Technical equipment is equipment containing hardware and software to enable access to a website in an Internet electronic communication network environment, browsing of the website content and use of the service, in particular a personal computer and / or laptop and / or tablet and / or smartphone. The technical equipment may not be owned by the visitor and / or user. It is solely the visitor and / or user who is responsible for its use in connection with browsing the website and / or using the service.

2. RULES FOR REVIEWING THE WEBSITE

2.1 The visitor has the right to view the content of the website using technical equipment

2.2 When viewing the website and any part of the content of the website, the visitor is obliged to proceed in such a way as not to interfere with the rights of the company and / or other visitors and / or users and / or third parties.

2.3 The visitor may not download the content of the website or any part thereof to the technical equipment beyond the content of the website designated by the company for download to the technical equipment, nor make any visual and / or audio content from the website content. and / or audio-visual recording. If a visitor breaches these obligations, he is liable for any damage incurred by the Company and / or other visitors and / or other users and / or third parties.

2.4 The visitor has the right to download the part of the content of the website designated by the Company for this purpose and is obliged to follow the instructions of the Company in this procedure. In the event of failure to comply with the Company's instructions, any right of the visitor to compensation for possible damages expires.

2.5 If the content of the website contains space for expressing the opinion or other expression of the visitor on a specific fact, the visitor is also obliged to proceed according to the provisions of Art. II, par. 2.2 of these General Terms and Conditions. In the event that such interference can be anticipated, the company reserves the unilateral right to remove such opinion from the content of the website. For the avoidance of doubt, it is stipulated that the company is not responsible for any opinion displayed via the website; the visitor is solely responsible for the content of the opinion or other statement and for any violation of generally binding legal regulations valid and effective in the territory of the Slovak Republic.

3. REGISTRATION

3.1 If a visitor wishes to use the service, he is obliged to register by means of a registration form accessible to the public via the website.

3.2 The visitor is obliged to state in the registration form all mandatory data to the extent determined by the company, while at the same time he is obliged to provide data that are correct, accurate and true. If a visitor provides incorrect and / or inaccurate and / or false information in the registration form and will misuse the user's position as a result of this, resulting in damage to the Company's property and / or other visitors and / or other users and / or third parties, the visitor is responsible for all the damage caused independently without the participation of the company.

3.3 Upon submitting a registration form containing all mandatory data and also containing correct, accurate and truthful data (hereinafter "duly completed form" in the appropriate grammatical form) and paying the price according to the valid price list, the visitor acquires the status of a user. The condition for submitting the registration form is to expressly familiarize yourself with these General Terms and Conditions by ticking the appropriate box, so-called. “Check box”.

3.4 On the basis of a duly completed form, the Company will set up a User Account that the User is authorized to use for the use of the Service and will send the User access data in the manner and form specified by the Company if generated by the Company; if the credentials provided by the company are not generated, the login and password specified by the user will be the credentials.

3.5 Only a user, ie a person who has completed and sent a duly completed form to the Company, is authorized to use the User Account. If the user transfers the login data to his / her user account to a third party, he / she bears, independently and without company participation, the consequences for any damage to him and / or the company and / or other user and / or visitor and / or third party in connection with arise.

3.6 If the Company finds that it is reasonable to assume that the submitted registration form is not a properly completed form (such as misrepresentation, false or outdated data), the Company reserves the right to unilaterally terminate the user account and permanently delete all user content by deleting it from the data store. In such a case, the Company shall not be liable for any damage that may have occurred to the person who sent the Registration Form to the Company without complying with the parameters of a duly completed form.

3.7 Each user has the right to register only once and use the service through a single user account. In the event that a registered user is re-registering, in addition to the existence of his user account, the company reserves the right to unilaterally remove such duplicate user accounts. In such a case, since this is a condition for the user's right to use the service, the user is not entitled to compensation for any damage he may suffer in this context. In the event of a re-process involving re-registration and duplicate user accounts, the Company reserves the right to remove each user account and user content without incurring any user's right to compensation for any damages. The Company reserves the right to unilaterally change the method of registering users in accordance with the content of the website or in relation to the needs of the Company and / or visitors and / or users and / or third parties and the protection of their rights or legitimate interests.

4. CONTENT OF THE SERVICE AND RIGHTS AND OBLIGATIONS OF THE COMPANY

4.1 The Company provides a service to users via the Website, whether in return for payment or free of charge. The company decides unilaterally on the free of charge of the service and on the duration of the service.

4.2 When providing the service, the company shall create conditions for the user, in particular, to enable simple, quick information about the user's pets accessible to the public via a website or a special blog with a domain address as www.breedify.online.

4.3 The User acknowledges and agrees that if a company is contacted by a public authority to conduct a specific civil, commercial, administrative (including tax and registry), criminal or other proceeding, the Company may provide that authority with any information that will be at your disposal and the provision of this information is not considered a breach of the Company's obligations under these General Terms and Conditions.

4.4 The Company reserves the right to provide the service in the packages provided by the Company at the prices set by the Company and the right to provide additional services according to the Additional Services Price List.

4.5 The Company is obliged to ensure that the service is provided continuously for the duration of its service, and therefore without its outages or other interruptions. An interruption of the service due to circumstances excluding liability in accordance with Art. VII of these General Terms and Conditions. Likewise, a service interruption due to the Company's service interventions is not considered a breach of obligations. Despite the Company's continued efforts to provide service, the Company does not guarantee the availability and / or retention of data.

4.6 The Company is obliged to perform all acts that it can objectively expect from the user due to the nature of the service provided and also to the business and economic background of the company in order to prevent damage to the property of the visitor and / or user. The Company shall not be liable for damage to property of the visitor and / or user resulting from a breach of their obligations.

4.7 In the event that there is a change in the facts that will affect the provision of the service to the user, the company undertakes to inform the users affected by the specific change by e-mail if the company is available. the user's email address or in writing to the user's registered office or business location, which the user notifies the company through a duly completed form in the user registration process; in the event of a change in the data on the part of the user and the user fails to inform the company and as a result of which the company cannot properly fulfill its obligation under this paragraph, the company shall not be liable for damages which may result.

4.8 The Company has other rights and obligations under other provisions of these General Terms and Conditions.

4.9 The Company reserves the right to unilaterally amend or change these General Terms and Conditions, even if this is required to protect the rights or legitimate interests of the Company and / or visitors and / or users and / or third parties

4.10 In the event that the User breaches any of their essential obligations under these General Terms and Conditions or repeatedly violates a less serious obligation under these General Terms and Conditions, the Company has the right to unilaterally terminate the user's user account and permanently remove the user's content from the data store; in this case, the Company shall not be liable for any damage that may be incurred by the User in connection with the removal of the User Account and User Content.

5. RIGHTS AND OBLIGATIONS OF THE USER

5.1 The user has all the obligations of the visitor according to Art. II of these General Terms and Conditions and at the same time the Company has the same rights as visitor.

5.2 The user has the right to use the user account for the purposes of using the services.

5.3 The User is obliged to pay the price for the provision of services to the Company in the scope and manner in accordance with these General Terms and Conditions and in accordance with the valid price list available to the public via the website or contractually agreed price.

5.4 The User is obliged to proceed in such a way as to prevent unauthorized access to the User Account by a person who is not authorized to access the User Account, in particular he / she is obliged to take all measures to prevent leakage of login and password data. as a result, the Company and / or other user and / or visitor and / or third party will suffer.

5.5 If the User finds that there is a risk of violating Company and / or User Rights and / or the Rights of other Users and / or Visitor Rights and / or Third Party Rights, he is obliged to notify the Company without delay. The user shall have the same obligation even if he becomes aware of an existing interference with the rights of persons under the previous sentence of this paragraph.

5.6 The user has the right to download specific content specified by the company and, while using the data, to upload data related to the user's activities as user content to the data storage specified by the company.

5.7 The User has the right to archive the User Content on the data storage designated by the Company until the termination of the service; termination of the service is considered to be the end of the last day of the period during which the user used the service for which he paid the price. The user will no longer have access to the user account. The User has the right to request the Company to immediately remove the User Account and / or User Content, and upon receiving such request, the Company will terminate the User Account and permanently delete User Content immediately upon receipt of User Request by deleting all data that is part of User Content. The Company will not charge any fees or prices for the removal of User Content. The user also has the option of deleting the contents of his or her user account by deleting the data he / she has filled in.

5.8 The user has the right to ask the company for liquidation or deletion of the personal data provided to the company (hereinafter referred to as 'personal data destruction'). When liquidating personal data, the company deletes respectively dispose of all personal data provided by the user of the Company, except for those which the Company is obliged to store pursuant to generally binding legal regulations valid and effective in the territory of the Slovak Republic.

5.9 The user has the right to use the content of the website so that he can properly use the service and with such use of the content of the website the company expresses its non-exclusive consent valid in the territory of the Slovak Republic and for the duration of the legal relationship between the company and the user; this provision shall be without prejudice to the user's obligations under these General Terms and Conditions.

5.10 If the Company discovers that it is objectively assumed that the user is storing data in the data storage specified by the Company as part of the use of the Service that encroaches on the rights of the Company and / or other users and / or visitors and / or third parties, has the right to unilaterally delete all user content from the data store by deleting it unilaterally. Before canceling the user account and deleting the user's content permanently, the company will notify the user of the intended action and at the same time prompt the user to export the user's content. In such a case, the Company shall not be liable for any damage that may result to the user.

5.11 The User acknowledges that, under the Fair Use Policy (FUP), its maximum number of service call requests (APIs) (beyond the limit) is set within each service package provided by the Company. This limit can be increased by agreement between the user and the company for the agreed price. If these limits are exceeded, the company reserves the right to restrict the service or withdraw from the contract without delay.

6. PAYMENT CONDITIONS AND INVOICING

6.1 The Company has the right to pay the price according to the valid price list made available by the Company to the public via the website

6.2 The Company reserves the right to adjust prices to individual packages of parts of the Service that it will offer to visitors and users, while unilaterally changing prices for the Service.

6.3 The Company is entitled to change the price of the provided service even during the duration of the legal relationship between the Company and the User, but it is obliged to inform the User of such change at least 30 days before making such a change.

6.4 The visitor and the user are obliged to pay the amount for the provision of services by the company in accordance with the valid price list published on the company's website. Upon payment of the Service Fee, the Company will promptly deliver the applicable receipt or invoice to the User. A properly issued invoice shall be deemed to be an invoice issued in accordance with the relevant generally binding legal regulations in force in the territory of the Slovak Republic and shall contain all the particulars of a proper tax and accounting document.

6.5 The bank fees associated with the payment of the visitor and user under these General Terms and Conditions shall be borne by the visitor and user.

6.6 The user has the right to start using the service (subscription Premium) only after paying the price; the visitor becomes a user of Premium subscription only after paying the price and only after paying the price has the right to use the services of Premium subscription. If the user uses the service and intends to use the service after the end of the period for which he has already paid the price for the service, he is obliged to pay the price for the next period in advance so that the first day of the new period is paid.

6.7 The price shall be deemed paid at the moment it is credited to the Company's account.

7. LIABILITY CIRCUMSTANCES

7.1 Circumstances excluding the liability of the Company such extraordinary and unavoidable events or circumstances and their immediate consequences, which are beyond the control of the Company and which prevent or impede the Company's proper and complete performance of its obligations under these General Terms and Conditions. These events may include, but are not limited to, natural disasters, war, sabotage, terrorist actions, blockade, fire, strike, epidemic, subcontractor failure (including energy suppliers) and the like. A change in generally binding legislation may have the same legal consequences if it substantially affects the smooth continuation of the legal relations regulated by these general terms and conditions and there is no economically viable alternative.

8. DAMAGE PREVENTION AND DAMAGESY

8.1 The company, the visitor and the user are obliged to pay increased attention to the prevention of damages, especially the general prevention of damages. The visitor and user are obliged to notify the Company of obstacles that prevent or will prevent them from fulfilling their obligations under these General Terms and Conditions and the consequences of non-compliance. The information shall be given without undue delay after the liable party has become aware of the obstacle or could have learned of it with due care.

8.2 Each party to the legal relationship shall have the right to compensation for damage caused as a result of a breach of obligations by another party to the legal relationship, unless the liability is excluded under these General Terms and Conditions.

8.3 In the event that circumstances exclude the liability of the company, the company is obliged to inform the user of these circumstances in writing by e-mail specified in the registration form.

9. PERSONAL DATA AND THEIR PROTECTION

9.1 The Company collects the user's personal data to the extent required by the registration in order to perform the contract in which the user acts as one of the parties. In accordance with the provision of § 13 section 1, letter. b) of Act no. 18/2018 Coll. on the protection of personal data and on amendments to certain acts, as amended (hereinafter referred to as the "Personal Data Protection Act"), does not require the consent of the user as the data subject.

9.2 The Visitor and the User have the right to request from the Company upon written reques:

1.confirmation whether or not his personal data are processed;
2. information in a generally understandable form on the processing of personal data in the information system and familiarize themselves with the procedure for processing and evaluating operations;
3. accurate information on the source from which the company obtained its personal data for processing in a generally comprehensible form;
4. vo všeobecne zrozumiteľnej forme zoznam jeho osobných údajov, ktoré sú predmetom spracúvania;
5. correction or destruction of his / her incorrect, incomplete or outdated personal data that are subject to processing;
6. the destruction of his / her personal data whose processing has ended;
7. destruction of his / her personal data which are subject to processing if the law has been violated;
8. blocking of his / her personal data due to the withdrawal of consent before the expiry of its validity period, if the company processes the personal data with the consent of the user as the data subject.

9.3 Upon written request, the visitor and the user have the right to object to:

1. the processing of his / her personal data which he / she expects to be or will be processed for direct marketing purposes without his / her consent and to request their destruction;
2. use of personal data to the extent - title, name, surname and address - for the purpose of direct marketing in the postal service; or
3. providing personal data to the extent - title, name, surname and address - for direct marketing purposes.

9.4 The User acknowledges that the Company processes the personal data entered by the User into his / her user account for the purpose of providing the service to the User in accordance with these General Terms and Conditions. The user also acknowledges that the Company may delegate the processing of personal data to other intermediaries. The user also has the right to inquire from the company to which intermediaries his / her data was provided.

9.5 If the Company processes personal data in the provision of services to the visitor and / or user, it acts in particular as an intermediary in accordance with the Personal Data Protection Act. The visitor and / or user are primarily in the use of the service and are primarily in the position of the operator within the meaning of the Data Protection Act.

9.6 The Company processes personal data solely for the purpose of providing a service to the user in accordance with these General Terms and Conditions. The subject of personal data processing is mainly personal data of users provided by the user of the company for the purpose of registration. Personal data processed by the Company are not personal data relating to health, biometric data, genetic data or personal data relating to criminal convictions or offenses within the meaning of the Personal Data Protection Act.

9.7 The Company maintains the confidentiality of all data and personal data entered by the user in the user account. If the Company entrusts other persons with the processing of personal data, this is done solely for the purpose of providing the service in accordance with these General Terms and Conditions. At the same time, these persons will be obliged to respect the same confidentiality as the company in relation to the data or data. personal information provided by the user to the company. These persons are obliged, in carrying out their activities, to comply, inter alia, with these General Terms and Conditions.

9.8 In order to ensure the security of the processing of personal data, the Company has taken appropriate technical and organizational measures with regard to the latest knowledge, the cost of implementing the measures, the nature, extent, context and purpose of the processing of personal data and risks of varying probabilities and seriousness. to ensure a level of safety appropriate to this risk. The user has the right to inquire at the company about the safety and technical measures taken under this section of the General Terms and Conditions.

9.9 The Company, taking into account the nature and extent of the processing of personal data for a particular user, may provide assistance to the user by appropriate technical and organizational measures in the fulfillment of the operator's obligations towards the data subjects. Such cooperation may in particular be the provision of customer service. Similarly, the Company will provide the User with assistance regarding the security and technical measures applied by the Company to ensure the security of data processing and / or security. personal information. The Company will also provide the user with the information necessary to demonstrate compliance and provide the necessary cooperation in the context of the User Privacy Audit and User Authorized Auditor.

10. CONSUMER INFORMATION

10.1 Complaints about the service provided by the company and consumer complaints and suggestions can be submitted electronically at: info@breedify.online. The prices of the services provided by the Company are listed in the Service Price List available at: www.breedify.online and the Additional Services Price List available at: www.breedify.online. The consumer shall comply with the provisions of Art. Section 7 of Act no. 102/2014 Coll. on Consumer Protection, as amended, in the sale of goods or services under a distance contract or a contract concluded outside the premises of the seller, as amended, entitled to withdraw from the service contract without stating the reason within 14 days from the date of its conclusion. Withdrawal notice may be delivered by the consumer to the company at the registered office of the company or electronically at: info@breedify.online. The company will start providing the service after paying the price of the selected service to the consumer, the service is also provided to the consumer prior to the expiry of the withdrawal period. By paying the price of the selected service, the consumer expresses his consent to start the service before the expiry of the withdrawal period. The company expressly states that in the event of withdrawal, the consumer is only obliged to pay the company the price for the performance actually provided by the date of receipt of the notice of withdrawal. The price paid for the service in the part exceeding the price of the actually provided performance will be returned to the consumer within 14 days from the date of delivery of the notice of withdrawal. The Company is liable for defects in the provided service in accordance with the relevant provisions of the Civil Code.

11. SETTLEMENT OF DISPUTES, ALTERNATIVE DISPUTE SETTLEMENT

11.1 The parties to the legal relationship under these General Terms and Conditions undertake to take all available measures for concrete resolution of any non-conformities and disputes that may arise from failure to fulfill obligations of the liable entity and to resolve the situation by mutual settlement. Disputes that could arise as a result of failure to fulfill obligations under these General Terms and Conditions shall be subject to proceedings before the competent general courts of the Slovak Republic.

11.2 In addition to the above, the user has the option of using ADR to resolve disputes between the Company and the User. An alternative dispute resolution is the ADR entity's procedure aimed at achieving a conciliatory resolution of the dispute between its parties - between the company and the user.

11.3 The competent authority (entity) of alternative dispute resolution is, in accordance with generally binding legal regulations, the Slovak Trade Inspection to which the consumer can turn or another entity, which is included in the list of ADR entities published on the website of the Ministry of Economy SR - https: // www.mhsr.sk.

11.4 The consumer may inquire about the terms and conditions of an alternative dispute resolution platform at: https://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi.

11.5 The consumer can also resolve the dispute between him and the company through the ODR platform. The consumer can obtain information on the ODR terms and conditions and the ODR platform at: https://ec.europa.eu/consumers/odr/.

12. TERMINATION OF THE LEGAL RELATIONSHIP

12.1 The parties to the legal relationship may agree to terminate it by special agreement.

12.2 The Company has the right to terminate the legal relationship unilaterally in accordance with the provisions of these General Terms and Conditions.

12.3 After the termination of the legal relationship between the company and the user, ie after the expiry of the period according to the provision of Art. V paf. 5.7 of these General Terms and Conditions, the Company is obliged to permanently remove the User Content from the data store by deleting it.

13. FINAL PROVISIONS

These and any other general terms and conditions shall enter into force and effect on the day they are made available to the public via the website.

13.1 Contributions on the site are mostly expressions of personal opinion or belief of their authors and do not give any guarantee.

13.2 The Site Operator does not guarantee that the information provided will be comprehensible, beneficial or complete to the User.

13.3 he Site Operator is not responsible for any financial loss caused by personal action or the actions of the Site user based on the information obtained.

13.4 If you have a paid ad on the site and it is temporarily or completely shut down, you are entitled to financial compensation.

13.5 The warranty is not provided for anything on this website, except in cases covered by law.

13.6 The Provider is not responsible for the content of other websites linked to by the website. If you find a website with inappropriate content linked to from this page or find a broken link, please notify the administrator via mail to info@breedify.online.

13.7 Comments or posts may not contain vulgarism, sex, alcohol, drugs, or any other content that is contrary to good morals or content, or terms of use of third-party services. Comments must not contain spam, or be created solely to promote a business or website. Comments that violate these terms will not be posted and will be deleted by the administrator.

13.8 Calculation of the day of labor, rutting and other system breedify.online displayed to the user do not give any guarantee.