These terms and conditions of use of the application (hereinafter the “Terms and Conditions”) provide for downloading, installation and use of the Working timer application (hereinafter the “Application”) available through the Google Play on-line service (https://play.google.com/store) operated by Google Inc. (hereinafter “Google Play”)
and available through the App Store on-line service (https://www.apple.com/app-store) operated by Apple Computer Inc. (hereinafter “App Store”).
The provisions hereunder are concluded between Specter Interactive, s.r.o. with its registered office at Herbenova 1500/64, 693 01 Hustopeče, Id. No.:08612382, registered in the Commercial Register kept by the District Court in Brno, Section C, File 114487 (hereinafter “Our Company” or “We”), and you, the end user.
These Terms and Conditions provide for downloading and installation of the Application and also the terms and conditions of use of the Application available on Google Play and on App Store The installation and use of the Application is conditional on approval of, and compliance with, these Terms and Conditions. The purpose of the Application is to store data about worked hours, making work reports and timesheets.
Any other functions of the Application are listed in the user interface of the Application itself (hereinafter the “Application Interface”) or in Our Company’s web interface https://specterint.com/ (hereinafter the “Web Interface”). If you have any questions concerning the Terms and Conditions or the Application, you can contact us through our Web Interface, at our e-mail address. Our team will contact you and provide you with all the requested and required information. Within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), these Terms and Conditions form an integral part of the licence agreement (hereinafter the “Agreement”) concluded between you and Our Company, and replace and supersede any prior representations or any previous versions of these Terms and Conditions.
Upon filling in the user’s registration profile or logging in through third parties’ applications/services, you express your agreement with the Terms and Conditions. Registration in the Application cannot be completed without your agreement with the Terms and Conditions. The Agreement provides for a non-exclusive licence unlimited as to space and time, granted without consideration, in order to access and use the Application in unchanged form.
To use the Application, you need to download the Application from Google Play or App Store and install it on your mobile device (hereinafter the “Device”). After installation you will be asked to create a user account by filling the required details in the registration form (especially name and surname, e-mail address) and selecting a password to access the Application Interface or you can proceed without an account. To access the user account, you need an e-mail address and a password.
Keep the credentials for your user account confidential.
The Application processes the following information about you which is or can represent personal or sensitive data (hereinafter the “User Data”):
Your User Data can be displayed only specific users with your permission. With the exception of the display of data pursuant to the preceding sentence, the User Data shall not be handed over to any other person without your prior consent. Collecting and processing of personal data shall be governed by the laws of the Czech Republic, including, without limitation, Act No. 101/2000 Coll., the Personal Data Protection Act, as amended. We are a personal data administrator within the meaning of the Personal Data Protection Act and we are registered in the register kept by the Office for Personal Data Protection under registration No. 00064620. You are entitled to request information about collecting and processing your User Data, and if you have a reason to believe that the collecting and processing of the User Data at variance with law or your justified interests, you are entitled to request a remedy.
You can use the Application to publish content protected by intellectual property rights (especially photographs, comments, evaluations and reviews). By publishing the content through the Application, you are granting us a gratuitous, non-exclusive, transferrable licence unlimited as to space and time for any published content. You are fully responsible for being the holder of any and all rights to the entered content. If the content depicts your appearance and /or the appearance of third parties, you grant us your express consent with distribution of your appearance within the aforementioned licence and confirm that you obtained a consent with distribution of appearance from all the persons depicted. This consent is granted for an indefinite term and is revocable at any time. You can remove the published content from the Application at any time.
Removal of the content shall result in termination of the licence granted pursuant to paragraph 4.2 hereof. Any and all rights to the Application (including the name, codes, trademarks, software, videos, images, graphics, sounds, etc.) and the individual parts thereof are our exclusive property. You are not authorised to grant licences, sublicences, copy, modify or create derived works from the Application. You are not authorised to convert back, decompile or otherwise try to extract the source code of the Application or parts thereof. The Application content and the web content related to the Application, and all the materials (promotion leaflets, videos, advertisements, texts, photographs, images, logos and others) published in them and in the related printed media, including the software of the Application Interface and these Terms and Conditions, are protected by Our Company’s copyright and may be protected by other rights of other persons. You cannot change, copy, reproduce, distribute or use the content to any purpose without our prior written consent.
It is especially prohibited to make accessible the photographs and texts placed in the Application Interface, whether with or without consideration. Names and labels of products, goods, services, businesses and companies may be registered trademarks of the respective owners. Upon non-compliance with Article 4, We shall proceed in compliance with Act No. 121/2000 Coll., the Copyright Act, as amended, and the Civil Code. If this is the case, We are entitled, in particular, to a remedy of the defective state of affairs, appropriate compensation, damages and /or surrender of unjust enrichment.
WE DO NOT BEAR ANY RESPONSIBILITY FOR ACCURACY, COMPLETENESS AND LEGALITY OF THE CONTENT ENTERED IN THE APPLICATION BY THE INDIVIDUAL USERS. OUR COMPANY DOES NOT APPROVE OR MODIFY THE USERS’ CONTRIBUTIONS IN ANY WAY. THE CONTRIBUTIONS OF THE INDIVIDUAL USERS EXPRESS THEIR PERSONAL OPINIONS AND OUR COMPANY IS NOT RESPONSIBLE FOR THESE OPINIONS. THE USE OF THE APPLICATION IS AT YOUR OWN RISK. OUR COMPANY CANNOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE OR HARM, INCLUDING LOSS OF STORED DATA WHICH RESULTED FROM THE USE OR THE IMPOSSIBILITY TO USE THE APPLICATION.
You are responsible for your conduct in relation to the Application and use of the Application being always in compliance with these Terms and Conditions and the applicable legal regulations. Your activity may not be at variance with good morals, public order and may not limit the exercise of third-party rights. You may not make the Application accessible to any unauthorised third party. You are not authorised to sell, license, lease, assign or make the Application accessible to third parties without our prior written consent. If your conduct is unlawful or unethical in relation to the use of the Application, or you breach the Agreement, including the Terms and Conditions, We are authorised to restrict, suspend or terminate the use of the licence for the Application granted to you pursuant to paragraph 1.6 hereof, without any compensation. If this is the case, you are obliged to pay the damage that has demonstrably arisen to us by your conduct pursuant to this paragraph in full amount. All the data entered in the Application is stored in your Device. All data transfers are encrypted.
In case of any problem, we exert every effort to prevent data loss or damage. However, We cannot guarantee permanent accessibility and integrity of data and we cannot be held liable for any changes, losses or damage of the stored data if caused by technical failures, your activity or attacks by third parties. We cannot be held liable for errors occurred due to interference with the Application by third parties or use of the Application at variance with its intended use. When using the Application, you may not use mechanisms, software, scripts or other processes that could negatively affect its operation, i.e. in particular, disrupt the Application’s function or inappropriately strain the Application, and you may also not carry out any activity that could allow you or third parties to unlawfully interfere with, or use, the software or other parts constituting the Application, and any use the Application or the parts or software thereof in such a manner is at variance with its intended use or purpose.
Please note that by clicking on some links in the Application Interface you may leave the Application Interface and get redirected to third party web sites. The relationship between you and Our Company shall be governed by the laws of the Czech Republic, in particular by the Civil Code. Where a legal relationship established by the Agreement comprises an international element, the relationship shall be governed by the Czech laws.
In case of any dispute concerning the use of the Application or the Agreement (including the Terms and Conditions) (hereinafter a “Dispute”), you and Our Company agree to use all efforts to resolve the Dispute amicably and out of court. If the Dispute is not resolved within 30 days of commencement of negotiations, the dispute shall be resolved by the competent courts of the Czech Republic. If you are a consumer and a Dispute arises between us under the Agreement which we are unable to resolve directly, you may also address the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – Department of Alternative Dispute Resolution, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: email@example.com; telephone: +420 296 366 360) for the purpose of resolving the consumer dispute out of court. You may exercise this right not later than within 1 year of the date when you first exercised the right with us that is the subject of this consumer dispute. To file a complaint concerning our services and to search for an alternative dispute resolution entity, you may also use the on-line platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.
If any provision of the Terms and Conditions or the Agreement is or becomes invalid or ineffective or inapplicable, such invalid provision shall be replaced by a provision that is as close as possible, in its meaning, to the invalid provision. The invalidity or ineffectiveness or inapplicability of any provision shall in no way prejudice the validity of the other provisions of these Terms and Conditions or the Agreement. We may change the Terms and Conditions unilaterally at any time. The relationships between you and Our Company shall always be governed by the version of the Terms and Conditions applicable when the relationships were formed. The up-to-date version of the Terms and Conditions is always available in the Application Interface. These Terms and Conditions are valid and effective as of 3 August 2016.