Duofox Technologies website

Terms of Use

These Terms of Use of Mobile Application apply to registration and use of the mobile application peakpoint.

The contract under the Terms of use is concluded between our company and you as the end user.

Contact details of our company:

Delivery address: Duofox Technologies s.r.o., Havlíčkova 233, Místek, Frýdek-Místek, 738 01, Czech Republic

Contact e-mail: info@duofoxtechnologies.com

 1.  GENERAL PROVISIONS

1. • Further in the Terms of use the following expressions shall have the following meanings:

• user means person using the mobile application;
• Terms of use mean these Terms of Use of Mobile Application;
• mobile application (or „app“) means the mobile application “peakpoint”;
• our company (or „we“) is company Duofox Technologies s.r.o., with registered office at Havlíčkova 233, Místek, Frýdek-Místek, 738 01, Czech Republic, Registration No.: 07875967, is subject to VAT, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File No. 77540;
• Civil Code means Act no. 89/2012 Sb., the Civil Code, as amended;
• content means all text (including Terms of use), photographs, images, videos, logos, software and other;
• service means set of the functions of the mobile application designated for the user, eventually other services stated in the mobile application;
• premium services mean paid services that can be bought by a user and which either (i) enable the user to access new functions of the mobile application (hereinafter referred to as “premium account”) or (ii) stop showing pop-up advertisements in the mobile application for that user (hereinafter referred to as “ad-free version”);
• contract means a contract concluded between you and our company in accordance with the Terms of use, in particular a contract on provision of services;
• Act on Consumer Protection means Act no. 634/1992 Sb., on Consumer Protection, as amended.
  • The Terms of use govern registration and use of the mobile application. For using the mobile application, it is necessary to confirm and comply with the Terms of use.

 In order to use the mobile application, you need to download it from Google Play or from App Store (depending on operation system of your mobile device) and install it to your mobile device. Note that in order to use the mobile application, you must be connected to the Internet and you must have location services enabled on your mobile device. If you do not enable location services on your mobile device, you will not be able to use the mobile application properly. You are fully responsible for the choice of your Internet service provider; we are not liable for problems with the use of the mobile application caused by bad connection to the Internet. You can uninstall the mobile application in a way determined by operation system of your mobile device. Your user account shall not be deleted when uninstalling the mobile application.

• You can use the mobile application primarily for registering ascents to mountain peaks, inserting content into the mobile application and sharing information about the ascents with other users.
• Using the mobile application is free of charge, with the exception of the provision of premium services. Costs incurred by the use of the Internet or phone calls are paid by yourself.
• Our legal relationship is governed mainly by the following documents:

• the Terms of use, which define and specify our mutual rights and obligations;
• Privacy Policy, which governs the protection of your personal data;
• any conditions and instructions stipulated in the mobile application;

and in any matters not covered by the contract our reciprocal rights and obligations are governed by the Czech law, mainly by the following legislation:

• Civil Code;
• Act on Consumer Protection (only if you are a consumer).
  • In case your residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.
  • You express the consent and the acquaintance with the Terms of use by filling a registration form. The registration in the mobile application cannot be completed without your consent and the acquaintance with the Terms of use.
  • In the case of nullity, inefficacy or inapplicability of any provision of the Terms of use (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, shall apply. The validity of other provisions is not affected by such cases.
  • We are allowed to alter or amend the Terms of use. Your rights and obligations are always governed by the version of the Terms of use amended in the time of its emergence.

 2.  REGISTRATION AND USER ACCOUNT

1. • In order to use all functions of the mobile application, you must register in the mobile application. In order to register, you must fulfil necessary information within the registration form, mainly your nickname, e-mail address and choose a password. A user account is created by completing the registration.
   • The e-mail address and the password serve as access data to your user account. Keep the access data to the user account in secret. We are not liable for any misuse of the user account by a third party. If your user data change, we recommend you to change the user data in your user account without undue delay.
   • Note that each user of the mobile application is allowed to have only one user account. It is prohibited to create more user accounts for one person.
   • Through the user account, you can primarily register ascents to mountain peaks, insert content into the mobile application, manage the user account and use other features of the mobile application. Any other features of the user account are always stated in the mobile application.
   • If you wish to delete your user account, you can delete it by clicking on a button in your user account settings, or you can contact us, and we will delete it.
   • Note that we have the right to delete your user account without any compensation or suspend your access for the period necessary for correction of the defective state if violation of good manners, valid legal regulation of the Czech Republic or these Terms of use occurs via your user account. We are authorised to delete an account created with false or incomplete data, without any compensation. If more than one user account is created for one person in violation of Article 2.3. of the Terms of use, we are also authorised to delete such user account, without any compensation.

 3.  USE OF THE MOBILE APPLICATION

1. • Registering an ascent to a mountain peak via the mobile application will be allowed to you once you reach the respective mountain peak. For this reason, the mobile application uses your location data.
   • Before you ascend a mountain peak, you are obligated to make sure the mountain is accessible and have accurate information about the local weather, snow and/or wind conditions. We do not guarantee that the mountain you are trying to ascend is accessible.
   • You must walk only on marked paths when ascending mountain peaks, unless the local rules state otherwise.
   • Note that you do not have rights from the defective performance according to the Civil Code in relation to our company, since we provide you our services free of charge, with the exception of premium services provided in accordance with Article 5 of the Terms of use.
   • If the mobile application is unavailable or its use is restricted due to technical issues, contact us and we will do our best to resolve the situation as soon as possible and to your satisfaction.
   • Note that you can withdraw from the contract concluded between us at any given time in accordance with Article 2.5. of the Terms of use.

 4.  INSERTING CONTENT INTO THE MOBILE APPLICATION

1. • You cannot insert any content into the mobile application, which:
     • harms or is capable of harming our reputation or reputation of third parties;
     • constitutes a breach of the Terms of use, applicable legislation and/or good morals, e. g. posts which can be considered offensive, vulgar, xenophobic, defaming race, nation or religious belief and posts containing erotic and/or pornographic content;
     • contains texts or images which you do not have proper rights to (e.g. copyright), either based on its creation or on a valid license;
     • contains contact information or data which can be considered as personal data about third parties, unless it has consented with the publication of such information or data;
     • contains virus or other software that is capable of damaging our mobile application or third parties;
     • contains advertisement or commercial communications.
   • We reserve the right to delete or make unavailable any content you inserted into the mobile application, without giving any reason, or to delete your user account in accordance with the Terms of use.
   • Should any damages, financial satisfaction for interference with reputation, or similar performance be enforced from us due to your infringement of applicable legislation, good morals or the Terms of use, we are entitled to seek full compensation from you for such damage which we have incurred in relation to such infringement.
   • By publishing content via your user account, you grant us with a gratuitous, non-exclusive, transferable and geographically unlimited license for an indefinite period of time to any of the content you published.
   • It is your responsibility to ensure that you are a holder of all rights to the published content. If the content captures an image of your person and/or image of a third party, you grant us an explicit consent to spread these images in accordance with above-mentioned license and you declare that you have gained an approval from all persons in the picture. You grant us your consent for an indefinite period. The consent is revocable at any time.

 5.  PREMIUM SERVICES

1. • You can order premium services via your user account in the mobile application. Depending on the premium service you choose (premium account or ad-free version), you gain access to new functions of the mobile application.
   • If you purchase the premium service “premium account”, you will gain access to (i) function of display of current weather at specific mountains (the Article 3.2. of the Terms of use shall apply accordingly), (ii) Peakcoin projects section of the mobile application, where you can contribute to selected projects after successfully registering a mountain peak ascent, and (iii) performance badges function, which you obtain for successfully registering mountain peaks ascents. Other possible functions of the premium account are stated in the mobile application.
   • If you purchase the premium service “ad-free version”, pop-up advertisement will not show to you in the mobile application after its purchase.
   • The premium service “premium account” works on principle of monthly repeated payments. After the first payment for premium account service by means stipulated in the mobile application you will be asked to authorize the settings of the payment. After that, the payments will then be made automatically and regularly each month in the same amount. If you want to end the payments, please inform us via our contact e-mail or change the settings in your user account. We will confirm the acceptance of your request without undue delay. The next payments will be stopped. If you want to renew your subscription after it was ended, you will need to authorize the settings of the payment again. The activation will be made through your user account within two working days after we receive the first monthly payment at our bank account.
   • The premium service “ad-free version” will be activated after paying a one-time payment within two working days after we receive the respective payment at our bank account. The activation will be made through your user account.
   • The contract on provision of premium services is concluded as of the moment you pay the price of the premium services and is concluded for an indefinite period of time in case of ad-free version and for the period stipulated by the subscription in case of premium account. The contract on provision of premium services expires with the deletion of your user account. Please note that if you delete your user account yourself (for any reason) or if we delete your user account because you violated the Terms of use, good manners or valid legal regulation, you are not entitled to a refund of the price of the premium services.
   • You can pay the price of the premium services in particular prior the provision of the premium services on-line via credit card directly in the app. The price of the premium services is due without undue delay and within two working days at the latest. Your obligation to pay the price of the premium services is fulfilled as of the moment we receive the respective payment at our bank account. By expressing a consent with the Terms of use, you are also expressing consent with the issuing of the invoice in electronic way.
   • Please note that by expressing a consent with the Terms of use, you are giving an explicit consent with the provision of the premium services before the lapse of the withdrawal period of 14 days. By giving the consent, you are losing your right to withdraw from the contract without giving any reason in accordance with Section 1837 par. a) of the Civil Code if the premium services have already been activated.

If you do not want to give the aforementioned consent, please contact us. In that case the premium services will be provided to you after the lapse of the 14 day withdrawal period after the conclusion of the contract. If you withdraw from the contract which we have already started to fulfil, we are entitled to a proportional part of the agreed price for the premium services provided to you until your withdrawal from the contract, in accordance with Section 1834 of the Civil Code.

• You are entitled to make a warranty claim about provision of the premium services in particular because they: (i) are not provided in accordance with the contract, (ii) do not correspond to the description in the mobile application, (iii) do not last for an agreed period of time, or (iv) are not provided on an agreed date. Please inform us immediately about the defect of the premium services using our contact details, or within six months after provision of the premium services at the latest. If the defect of the premium services consists in them not being activated after you paid the price of the premium services, we will activate them without undue delay. In other cases, the warranty claim will be settled not later than 30 days from the date of the assertion of the warranty claim, unless we agree otherwise. If the warranty claim is justified, you are entitled in particular to a provision of substitute and/or additional service, a discount from the price of the premium services, and in case of a significant violation of the contract by us also to a withdrawal from the contract. Rights from defective performance do not belong to you if you have caused the defect yourself.

 6.  „CHALLENGES“ MODULE

1. • Module “Challenges” is available within the mobile application. The module enables you to create challenge or challenges for other users of the app in accordance with the purpose of the app stipulated in Article 1.4. of the Terms of use.
   • If you use the app as a consumer, i.e. as an individual person whose use of the app is not connected to its trade, business or profession, the use of the “Challenges” module is free of charge.
   • If you use the app in other way than as a consumer, mainly as an entrepreneur or as a legal entity, the use of the “Challenges” module is subject to a fee. The price list for the use of the “Challenges” module in such cases is stated in the mobile application. You can use the “Challenges” module in such cases to a reasonable extent for propagation of yourself or third persons; you can also refer to websites, mobile apps, business premises or other business activities of yourself or third persons. References to business activities cannot refer to activities which are competitive to our services or our mobile application.
   • If we determine that you violate the Terms of use (in particular, but not exclusively, Article 6 of the Terms of use) during your use of the „Challenges“ module, we are entitled to delete your challenge or challenges from the mobile application, or alternatively unpublish your challenge or challenges. Before we delete or unpublish your challenge or challenges, we may ask you to alter your challenge or challenges or to pay the fee for the use of the “Challenges” module in accordance with Article 6.3. of the Terms of use.
   • The payment for the use of the „Challenges“ module is governed accordingly by Article 5.7. of the Terms of use. Other aspects of the use of the “Challenges” module in accordance with Article 6.3. of the Terms of use which are not stipulated herein shall be governed adequately by the General Terms and Conditions for Advertisers.

 7.  OTHER INFORMATIONS FOR CONSUMERS

1. • We handle any complaints via our contact email or via the mobile application.
   • If a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) or, alternatively, the Czech Consumer Association (http://www.konzument.cz), in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.

If you are dissatisfied with provided services, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.

 8.  COPYRIGHT PROTECTION, LIABILITY AND USE OF THE MOBILE APPLICATION

1. • The content of the mobile application placed in the mobile application is protected by our copyright and may be protected by other rights of other persons. You are forbidden to modify, copy, reproduce, distribute or use the content of our company, other users or third parties (or other persons different from you) for any purpose without our consent or consent of a holder of the rights. In particular, it is forbidden to make available any photos or texts placed in the mobile application either paid or free of charge.

The names and designations of products, goods, services, firm and company names can be registered trademarks of their respective owners. 

• We are not liable for errors originating due to interference of third parties with the mobile application or due to its use contrary to its purpose. While using the mobile application you cannot use any mechanisms, software, scripts or other processes which could have a negative impact on its operation, i.e. mainly interfere with the function of the system or unreasonably burden the system.

If you commit any illegal or unethical act during the use of the mobile application, we are entitled to restrict, suspend or terminate your access to the mobile application without any compensation. In this case, you are obligated to pay us compensation for the damage, which we clearly incurred due to your acts under this paragraph, in full amount.

Note that by clicking on certain links in the mobile application you may exit the mobile application and be redirected to applications or websites of third parties.

The Terms of use are valid and effective as of 1.4.2021