You must be at least eighteen (18) years of age or have full legal capacity under the law of the state applicable to you (as long as other than 18) to use the Services.
To access, install or use any of our Services, you will need to create an account. To create an account, you must have a valid email address and provide our company with true, correct and complete information in the registration process and maintain this information correctly and completely. You must indemnify our company without undue delay for any damages and / or costs caused to our company by incorrect and / or incomplete information provided by you. You acknowledge and agree that our company is entitled to obtain information to verify your Member State of residence in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. 2017/1128 of 14.06.2017 on the cross-border portability of online content services in the internal market ("Portability Regulation"), if the Portability Regulation is applicable. If you do not provide our company with information and cooperation at the request of our Company in accordance with the Portability Regulation and without this information and cooperation our company cannot verify your Member State of residence under the Portability Regulation, you are not entitled to use the relevant cross-border Service under the Portability Regulation.
To create an account, you must be at least eighteen (18) years of age or have full legal capacity in your jurisdiction (if other than 18 years). You are not authorized to grant access to your account to third parties and you must take all necessary measures to prevent third parties from accessing your account. You must change your account password regularly (at least every three months). Our company is entitled to request an immediate password change from you at any time.
The account is non-transferable. You are solely responsible for your activities in your account, and our company may suspend or terminate any activity within your account that violates this EULA and / or other policies of our company.
Unless otherwise specified in a particular Service, you have the right to delete your account at any time. Our company reserves the right to deactivate or delete your account immediately and without notice if you violate these Terms. You acknowledge and agree that our company will deactivate or delete your account if our company is required to deactivate or delete your account in accordance with applicable laws and / or decisions of the appropriate governmental authority. Our company reserves the right to immediately suspend your account if our company and / or its affiliates detect fraudulent activity or theft. Our company is also entitled to deactivate or delete accounts that are not active or in use without prior notice.
Our company is not responsible for the loss of the password to your account or for the loss or deletion of your account. You acknowledge that you do not own the account, the account is only a means of gaining access to the relevant Service.
Under applicable EU law, these Terms and Conditions are a distance contract concluded between you as a consumer and our company solely through distance communication without the simultaneous physical presence of representatives of our Company and you as a consumer.
Therefore, if you are a European consumer (a consumer is a natural person who acts for purposes outside his trade, business, craft or profession), you have the right to withdraw from the distance contract within fourteen (14) days without giving any reason. The period for withdrawal from the contract expires after fourteen (14) days from the date of conclusion of the distance contract. In order to exercise the right to withdraw from the contract, you must inform our company of your decision to withdraw from the contract at a distance by a clear statement (eg by letter sent by post, fax or e-mail). In order to comply with the withdrawal period, it is sufficient to send your report on the exercise of the right of withdrawal before the expiry of the withdrawal period.
You acknowledge that your right to withdraw from the Agreement above will terminate if performance of the Services has begun with your prior express consent prior to the expiration of the above period to withdraw from these Terms as a distance contract. This information also applies to all in-app purchases made within the Services.
You hereby expressly consent to our company´s commencement of services under these Terms as a distance contract prior to the expiration of the above withdrawal period and hereby confirm that you have been duly informed of the loss of your right to withdraw from these Terms as a distance contract by giving such consent. This consent and information also applies to all in-app purchases made within the Services.
The Thouc application is designed to connect two end users (provider and user) who intend to enter into a service agreement with each other (the "Thouc application"). A Provider is an end user who, within the Thouc application, marks an offer to provide a service to other end users who are able to search for, control and / or accept the Provider´s offer ("Provider"). The User is the end user who accepts the Provider´s offer for the provision of the relevant service via the Thouc application (hereinafter referred to as the "User").Thouc Agreement
In the event that the User accepts the Provider´s offer for the provision of the service via the Thouc application, a special contract for the provision of the offered service is concluded exclusively by the Provider and the user (hereinafter referred to as the "Thouc Agreement" or "Thouc Agreement"). Our company will never be a party to this Thouc Agreement and is not legally and / or otherwise liable for this Thouc Agreement or any breach of the Thouc Agreement caused by the Provider and / or the User. The Thouc application is designed solely to provide an interface for providers and users to enter into a Thouc Agreement, but only providers and users are liable to each other for the exercise of their rights and obligations under the Thouc Agreement (in particular, the Provider is obliged to provide the offered and the accepted service to the User and the User is obliged to pay the Provider the agreed remuneration for the service).
The nature of the service, the remuneration for the service and other conditions related to the provision of the service offered by the Provider are negotiated and agreed exclusively between the Provider and the User through the Thouc application and the interfaces / options allowed within the Provider and the User. Thouc App. Our company does not modify or violate the conditions agreed and / or agreed between the Provider and the User. Our company may only recommend to the Provider and / or the User those conditions relating to the provision of services offered through the Thouc application, which are not binding or final for the Provider and / or the User.
The Provider and the User acknowledge and agree that their identification, contact and payment information (also processed by our Company) will be exchanged between the Provider and the User for the purpose of fulfilling the Thouc contract between the Provider and the User.Responsibility
Our company is not entitled to make any claims and / or damages against the Provider and / or the User on its own behalf and / or on behalf of the User and / or the Provider if the Provider does not provide services under the Thouc Agreement and / or if the User fails to pay remuneration and / or The Provider and / or the User violates the Thouc Agreement in any way. Our company does not take responsibility for the actions and / or inactivity of the Provider and the User. All end users (providers and users) are obliged to comply with all applicable laws relating to the services offered through the Thouc application and / or provided under the Thouc contract. Our company is not responsible for compliance with applicable laws regarding services offered through the Thouc application and provided under the Thouc Agreement. Our company is not responsible for compliance with applicable laws by end users (providers and users). None of the providers and users acts on behalf of our company. Providers and users are not employees of our company and / or employees of our company´s affiliates. Our company is not a representative of the Provider and the User. If providers and / or users become obliged to pay all mandatory taxes, levies and / or other payments under a binding / applicable law by offering and / or providing services through the Thouc application and under the Thouc Agreement, these taxes, levies and / or other payments must bear exclusively the Provider and / or the User, who is obliged to pay them according to the binding / valid law and our company does not bear any responsibility for these taxes, levies and / or other payments. All end users (providers and users) must indemnify our company without undue delay for any damages and / or costs incurred if any liability to our company arises from a binding / applicable law for a reason offered and / or provided by the Provider. To the User via the Thouc application and / or on the basis of a Thouc agreement. All offered and / or provided services may not be performed as a systematic gainful activity, otherwise the provider will have to fulfill all legal obligations under applicable laws and / or jurisdictions in order to offer and / or provide such a service (eg obtain all licenses, certificates and / or or other mandatory permits, payment of deposits, notification to the competent public authority, use and / or acquisition of mandatory equipment, etc.); these obligations must be fulfilled by the provider before offering and / or providing such a service through the Thouc application and / or under the Thouc agreement. The Provider is obliged to maintain the validity of all the above documents. Our company reserves the right to require the Provider to submit evidence and submit for review all necessary licenses, permits, approvals, authorizations, registrations and certificates.Charge and Thouc
The account registered in the Thouc application is free of charge. If the end user chooses the position of the provider, the provider is entitled to offer the provision of services for a fixed fee specified in the Thouc application (hereinafter the "fee"), which will be paid to the Company. The Provider may purchase and credit funds (thouc.) Within the Thouc application, which is a deposit for a fee ("Thouc"). After the provision of the offered service by the Provider on the basis of the Thouc Agreement to the Provider, the fee becomes payable and the Provider is obliged to pay the Fee to our Company according to these Conditions. If the Provider has sufficient Thouc, the fee will be refunded (credited) with the Provider´s available Thouc. If the Provider does not have enough Thouc, the Provider will not be offered to offer additional services through the Thouc application until the Provider has purchased a sufficient amount of Thouc for a fee. If the Provider requests the company (via the Thouc application or otherwise) to return the unpaid Thouc (advance payment paid), it will be charged a reimbursement of our company´s costs in the amount of five [5%] percent of the amount. The provider requested compensation. Unbound Thouc (advance payment paid), deducted from the payment of our company´s costs in the amount of five [5%], will be returned to the Provider within fifteen (15) days from the day when the Provider requested the return of unperformed Thouc (advance payment paid).Transportation (shared ride)
If the services offered by the Provider through the Thouc application and / or provided under the Thouc Agreement involve the transport of persons and / or other means of transport, logistics and / or delivery, they must be a joint journey exclusively between the Provider (as a random driver) and under conditions agreed exclusively between the Provider. and users and under the Thouc Agreement without any legal and / or factual influence from our company on our company. Our company does not provide transportation services. Shared driving means occasional driving and services offered through the Thouc application and / or provided under the Thouc agreement must not be carried out as a systematic gainful activity, otherwise the provider will have to comply with all legal obligations under applicable law and / or court decision-making to offer and / or arrange for such transport of services (eg obtain all licenses, certificates and / or other mandatory permits, pay deposits, notify the competent public authority, use and / or obtain mandatory equipment, etc.); these obligations must be fulfilled by the provider before offering and / or providing such transport of services through the Thouc application and / or under the Thouc Agreement. The Provider is obliged to maintain the validity of all the above documents. Our company reserves the right to require the Provider to submit evidence and submit for review all necessary licenses, permits, approvals, authorizations, registrations and certificates. All end users (providers and users) acknowledge that their ability to acquire, offer and / or provide transport, logistics and / or transport services through the Thouc application and / or under the Thouc agreement does not make our company a provider of transport, logistics and / or delivery services. services and / or the carrier. Our company is not responsible for items and / or equipment that will be lost, missing or found in the Providers and / or Users vehicles. The offer and provision of services through the Thouc application must not involve the illegal transport of illegal goods and / or illegal materials.
The Provider is obliged to provide and maintain all equipment and resources necessary for the performance of these services - transportation at the Provider´s own expense, including a car, smartphone, etc. The Provider is also responsible for all costs incurred by the Provider during the performance of the contract, including but not limited to fuel, mobile data plan costs, tax charges, vehicle depreciation, insurance, applicable corporate taxes and wages, etc.Promotional tickets and codes
Our company may issue promotional tickets and / or codes that may add additional Thoucs, additional benefits and / or features to your account. All tickets and / or codes:
Our company reserves the right to withhold or reduce credits, other benefits or features obtained through the use of these tickets and / or codes by you or any other end user, if our company finds or believes that the use or acquisition of a ticket / code was incorrect, was obtained fraudulently. , by unlawfully violating the relevant conditions for these tickets / codes and / or these Conditions.Evaluation:
The Provider acknowledges that users will be able to rate providers when providing services through the Thouc application and / or under the Thouc Agreement. This rating is linked to the provider´s account and is available to all users.
All our services are licensed for you, not sold. Our company grants you a personal, non-transferable, non-publishable, limited, revocable and non-exclusive license to access and use the Services for your personal and non-commercial use in accordance with the terms set forth in these terms. You may not use any of the Services for any purpose other than as expressly set forth in these Terms. You have the right to access, install and use the Services only on devices that you directly own or control. Licensing under these Terms and / or delivery / provision of the Services will never result in the transfer of any rights in the Services and / or digital content included in the Services.
You are also not allowed to:
The license granted in this document will automatically and simultaneously terminate upon termination of these Terms. Upon termination of these Terms, you must immediately stop using the relevant Service and the account associated with the relevant Service (if created) and our company is entitled to block and delete this account without prior notice.
All copyrights and trademarks, including source code, databases, logos and visual designs, are the property of our company and are protected by copyright, trademark and / or trade secret laws and the provisions of international treaties. By using the Services, you do not acquire any intellectual property rights.
You acknowledge and agree that the Service will be fully delivered to you if at least one of the following three conditions is met:
If you share, upload, upload or transmit any content (eg Images, videos, sounds, texts, materials and other data and information) within the Services or through the Services and the Services enable such a function of sharing / uploading / uploading / transmission ("User Content ") You warrant and represent that sharing, uploading, uploading and transmitting User Content when accessing or using the Services is:
By sharing, uploading, uploading and / or transmitting User Content within the Services or through the Services, you grant our Company a non-exclusive, sublicensable, transferable, free and worldwide license to use, distribute, modify, copy, adapt, publicly perform or display, broadcast, transfer, rent, commercialize, sell, translate and / or provide access to electronic broadcasting, communicate with the public via telecommunications, display, perform, access computer memory and use and in any way practice your user content, as well as all its content. modified and derivative works in connection with the provision of services, including marketing and promotion of services. You further hereby grant our company the unconditional, irrevocable right to use and exploit your name, form and any other information or material contained in and in connection with any User Content without any obligation to you. Except where prohibited by law, you waive any allocation and / or moral rights you may have in your User Content, whether or not your Content has been altered or modified in any way.
Our company does not exercise any proprietary rights in your user content and nothing in these Terms is intended to limit any rights you may need to use and exploit your user content. Our company has no obligation to monitor or enforce its intellectual property rights in your user content.
Our company reserves the right to modify, modify, change, monitor, deactivate and / or delete any User Content for any reason and at any time without prior notice. You are solely responsible for all User Content that you share, upload, post and / or transmit as part of or through our Services, and you must indemnify our Company without undue delay for any damages and / or costs incurred by User Content in our company. which has been shared, uploaded, sent or transmitted within or through our Services.
You acknowledge that our company will not monitor or monitor or even monitor every user´s content. By using the Services, you may be exposed to user content that is offensive, indecent or otherwise inconsistent with your expectations. Use of the Services is solely at your own risk.
At our Company´s sole discretion, agents, employees and / or our Company´s technology / software may monitor and / or record your activities on the Services and / or any communications you make within the Services and through the Services; By entering into these terms, you hereby grant our company irrevocable consent to such monitoring, screening and recording.
When you access or use any of the Services, you may not:
You acknowledge that a particular Service may establish additional rules of conduct that apply to that particular service, and you are required to comply with those additional rules. In some cases, you may be asked to provide proof of identity or other means of authentication to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other this will prevent you from verifying your identity.
You acknowledge that advertisements, offers and other sponsored content for various products and services may be displayed to you through / within the Services.
You agree that our company may contact you by telephone or text message (including automatic dialing) at any telephone number provided by you or on your behalf in connection with the Services.
In some Services (especially mobile applications) you will be able to shop in the application. You acknowledge that these in-app purchases are voluntary and the services are fully functional without these in-app purchases. By purchasing in-app, you will be able to purchase virtual objects, credits, merchandise, items, menus, currencies, tickets, skins, access, modes, or other virtual content depending on the type of service. You are authorized to purchase this virtual content only through our services and not in any other way. You may not transfer any virtual content within the Service unless expressly permitted in that Service. You may not sell, purchase, pay or otherwise transmit the Virtual Content to any person or entity, or attempt to do any of the foregoing, including any other user or any third party, unless expressly permitted in the applicable Service.
You fully acknowledge and agree that all in-app purchases are subject to a price or fee and you will be required to pay the price or fee for the virtual content you request for your in-app purchase. The applicable price or fee for the various virtual content will be displayed on the Service and all prices and fees will include the applicable value added tax and other fees (if required by applicable law). The execution of an in-app purchase depends on the application platforms, the SNS, the relevant service, the payment system (provider) and the payment system (service / credit card) that you use to pay for the in-app purchase. Our company is only responsible for delivering to you, within the relevant Service, the virtual content that you have ordered and paid for through in-app purchases. When our company receives the appropriate price or fee for the purchase in the application, our company will send you an electronic invoice and you agree that you will only receive an electronic invoice for these purchases. Until our company receives payment for the applicable price or fee for virtual content purchased at the time of purchase in the application, you do not have the right to access or use any of the virtual content you requested to purchase.
You, as a consumer, do not have the right to withdraw from the purchase in an application for the provision of electronic content other than on a tangible medium, if the performance has begun with your express consent and you have confirmed that you have been informed that you are you lose the right to withdraw. With respect to in-app purchases, our company provides you with this information and you fully acknowledge that you are losing your right to withdraw from in-app purchases by granting our company consent to start performing virtual content or in-store services. - purchase before the expiry of the withdrawal period mentioned above.
You hereby expressly consent to our company to start executing the virtual content and services purchased through the in-app purchase before the above withdrawal period and hereby confirm that you have been duly informed of the loss of content and right to withdraw from the in-app purchase by granting this consent.
You also acknowledge that the provision of virtual content from in-app purchases for use on the Services is a service provided by our company that begins immediately after our company accepts your purchase.
You fully acknowledge that our company is not obligated to provide a refund for any reason and that you will not receive money or other compensation for unused virtual content when closing an account, whether voluntary or involuntary closing. All purchases in the application are non-refundable, unless the special rules of the relevant Service provide otherwise.
Specific terms and conditions for purchasing, accessing, or using any virtual content through in-app purchases may be set forth in the applicable Service. All terms and conditions regarding the purchase, access or use of any virtual content and prices and fees for various in-app purchases are subject to change. Our company is entitled to manage, regulate, control, modify or exclude any virtual content at any time, without prior notice. Our company is not liable to you or any third party if our company exercises such rights.
All rights to documentation, lyrics, design, graphics, images, animations, photographs, music, sounds, characters, objects, stories, artwork, moral rights, transcripts, game mechanics, videos, data, logos, codes, information and other content , which is part of the Services and / or displayed within the Services, is the intellectual property of our company and is exclusively managed by our company, unless expressly stated otherwise. You may use this content only under the express terms and conditions set forth in these terms. You may not reproduce, copy and / or provide this content to third parties.
Our company processes all personal and non-personal data in accordance with applicable laws, technological standards and the principles of personal data protection of our company. You fully acknowledge and agree that our company will also process your data, user content and / or other data that you voluntarily provide with our company, including for internal analytical and statistical purposes, for a maximum of ten (10) years after termination validity of these conditions and / or until they cease to exist.
Some services have minimal software and / or hardware requirements depending on the device or platform selected. You are responsible for meeting these requirements before downloading, installing, accessing and / or using the relevant service. You will also need internet access to access or use online services. Our company is not responsible for inconvenience, interruptions and / or restrictions during access, installation and / or use of the services if:
These Terms and Conditions are concluded for an indefinite period. If you cancel your account and the service does not involve the creation of an account, you have the right to cancel / terminate these terms by removing the relevant game, application or service software from your device.
These Terms and all legal relations between you and our Company must be governed by and construed in accordance with the Civil Code of the Slovak Republic (Act No. 40/1964 Coll.) And other laws of the Slovak Republic. The United Nations Convention on the Sale of Goods (CISG) does not apply. If the jurisdiction of your domicile prohibits our company from enforcing the provisions of applicable law, nothing in these Terms restricts your rights under the laws governing your domicile.Jurisdiction of the courts
Slovak courts have exclusive jurisdiction to resolve disputes arising in connection with these conditions and all legal relations between you and the company.Alternative dispute resolution (European Union consumers only)
You acknowledge that if you are a consumer resident in the European Union, you can use the online (alternative) dispute resolution platform set up by the European Commission to resolve disputes about online purchases - without going to court. This online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/
You also acknowledge that if you are a consumer resident in the European Union, you have the right to initiate an ADR procedure with an ADR entity. The list of Slovak ADR entities that are competent for the ADR procedure is available at the following link: http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s
You acknowledge that the Services provided under these terms are based on software that is not error-free and our company does not guarantee uninterrupted functionality and unrestricted access to all services. Our company does not provide and hereby disclaims any express, implied or statutory warranties, including the implied warranties of condition, continuous use, accuracy of the data (including, but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights and warranty. (if any) that arise in the course of trading, use or commercial practices. To the maximum extent permitted by applicable law, the Services are provided to you "AS IS", without warranty of any kind. No oral or written advice provided by our company, its employees or other representatives constitutes a warranty. Our company reserves the right to cancel or terminate the provision of the Services and / or the support of the Services at any time without giving a reason.
Our company shall not be liable for any special, incidental, or consequential damages arising out of the access, use, and / or malfunctioning of the Services, including, but not limited to, property damage, loss of goodwill, failure or malfunction of equipment and to the extent permitted by law, damage to health, property, loss of profit or punitive damages for any cause of action arising from and / or related to these terms and / or services, whether as a result of tort (including negligence), liability or otherwise and whether our company has been informed of the possibility of such damages. By disabling or deleting your account in accordance with these Terms, you will not be entitled to any damages, lost profits or other compensation resulting from this event. You are also not entitled to damages, lost profits or other compensation if our company exercises the right to cancel or terminate the provision of the Services and / or support for the Services.
Some jurisdictions do not allow disclaimers or limitations other than those set forth above; therefore, the above conditions may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply only to the extent permitted by the laws of those jurisdictions. In addition, you may have other legal rights in your jurisdiction, and nothing in these Terms violates any legal rights you may have as a consumer of the Services.
Our company shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including, but not limited to, any failure to perform due to unforeseen circumstances or for reasons beyond the company´s control, such as divine, military acts. , terrorism, riots, embargoes, acts of civilian or military authorities, fires, floods, accidents, strikes or lack of means of transport, fuel, energy, work or materials.
You must indemnify and hold harmless our company from the unauthorized acts, claims, damages and costs of third parties (including reasonable legal fees) arising from a breach of your warranties and obligations set forth in these Terms.
The inability of our Company to require or enforce strict performance of any provision of these Terms or to not exercise any right under these Terms shall not be construed as a waiver or waiver of our Company´s right to exercise or rely on such provision or in this or any other case.
The express waiver of any provision, condition or requirement of these terms by our company shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically stated in these Terms, no representations, representations, consents, waivers or other acts or omissions of our Company shall be construed as a change to these Terms or as legally binding unless they are physically documented in writing, signed by hand and properly appointed representative of our company.
Our company is entitled to assign these Terms, in whole or in part, to a third party without your prior written consent. You may not assign or delegate any rights and / or obligations under these terms without the prior written consent of our company.
The Company and you are not entitled to unilateral exercise of the rights to set-off mutual claims.
Our company is entitled to unilaterally update these Terms in response to changing legal, technical or business developments. Our company plans to regularly improve and optimize the Services, and therefore our company may also update these Terms. Unless required by applicable law, our company will notify you of any changes to these terms and conditions at least seven (7) days prior to the entry into force of these changes and amendments to these terms and conditions. If you do not make any reservations or objections to these amendments within the specified period of seven (7) days, these amendments shall be deemed accepted by you and you are legally bound by these changes.
All changes / amendments to these Terms and Conditions must be made in writing and agreed by you and our Company, unless otherwise provided in these Terms and Conditions. Apart from the contractual agreements provided for in these conditions, there are no ancillary contractual agreements.
If any provision of these Terms is held to be in whole or in part, illegal, invalid or unenforceable, such provision shall be separate from these Terms and Conditions to the extent required and shall not be void without invalidation of any other provision of these Terms and shall not affect any other circumstances and / or validity; / or enforcing these conditions.
The End User acknowledges and agrees that all invoices and other confirmations regarding fees and charges made through the Services and / or our company will be delivered to the End User electronically via e-mail and / or via the relevant mobile application.
Our company does everything to bring you the best experience with our services. If you have any questions, suggestions, complaints, claims or need support, please contact our company using the contact details below.
In the event of a breach of our company´d warranties or if the services do not meet these conditions, you have the right to have the service repaired without undue delay in respect of errors or omissions free of charge under these conditions. If an error or error of the Service occurs that cannot be clearly remedied, you have the right to withdraw from the contract (s) (Terms).
If you file a complaint or grievance, our company will process the complaint / grievance within thirty (30) days from the date of filing the request or grievance.
Business name: ToucApp technologies, s.r.o.
Residence: Lazaretská 3/A, 811 08 Bratislava, Slovenská republika
ID: 47 513 152