Commercial Terms and Conditions for Date calculator - Deniny
Mutual rights and obligations of the User and of the Operator arising from the use of the Application are governed by these Commercial Terms and Conditions.
1 1. Definitions
1.1 As for these commercial terms and conditions the following definitions shall be applied:
1.1.1 The term „Operator“ stands for the CMPG s.r.o. (Ltd.) Company ID No.: 28749863 with registered office in: Ústí nad Labem - City, Ústí nad Labem - Centre, Rooseveltova Street 1804/2
1.1.2 The term „Application“ means an internet application called DENINY, the main functionalities of which are: Managing the records of personal important events with the automation of Anniversary calculation of the events based on the number of annual repetitions or the number of days which are available from deniny.cz
1.1.3 The abbreviation „VOP (GCTC)“ means General Commercial Terms and Conditions.
1.1.4 The term „Contract“ means a contract concluded between the User and the Operator whose subject matter is the provision of a License to use the Application to the User under the terms and conditions indicated in these VOP.
1.1.5 The term „Licence“ means a non-exclusive license to use the Application under the terms and conditions indicated in these VOP.
1.1.6 The term „User“ means any legal or natural person different from the Operator who uses the Application.
1.1.7 The term „User account“ means a non-public part of the Application that is accessible to the user after entering the login data.
1.1.8 The term „Login Data“ means a unique combination of the User login name generated by the application and of the password chosen by the User which the User saves in the Application database when establishing the User Account.
2 2. The process of concluding a contract upon use of the Application
2.1 The display of the button named "Register" in the user interface of the application is a proposal for conclusion of the Contract by the Operator.
2.2 The User's clicking onto the field "Confirmation of User Account Activation in E-mail" is considered as the unconditional acceptance of the Proposal for the conclusion of the Contract by the User and the Contract is hereby concluded.
2.3 By clicking onto the box (the so-called check box) which contains a description in the wording "I agree with the Commercial Terms and Conditions" and then by clicking on the button in terms of section No. 2.2 the User declares his/her consent with these VOP.
2.4 By concluding the Contract, the following provisions of these VOP come into effect.
3 3. Using The Application
3.1 The Operator grants the User a license to the extent and under the conditions specified in the user environment of the Application, in particular specified for the given type of User Account.
3.2 The User undertakes to pay the Operator a fee in the amount specified in the user environment of the Application for the granting of the License; and if no specific remuneration is specified for a particular use (especially for a given User Account), the License is granted free of charge.
3.3 In the event that the License is awarded for remuneration, the Operator has the right to provide performance of the Contract (for instance to make available a given part of the Application functionality) only when the domain is paid for the provision of the License; and if the User fails to pay the full remuneration for the License within the time limit set by the Operator, otherwise immediately, the Contract shall be cancelled immediately from the very beginning.
3.4 The Operator is entitled to de-activate the User Account of the User - fully and/or partially - after the expiry of the License.
3.5 The User has the right to set up more than single one User Account.
3.6 The User has no right to grant any User Account to any third party.
3.7 Any financial payment realized through the Application or through a payment gateway connected to the Application shall be deemed paid by crediting the entire relevant amount to the relevant bank account of the Operator.
3.8 The Operator has the right to suspend, to change and/or to make inaccessible the Application or some part of it from the relevant Internet address for any reason and at any time.
3.9 The User has the right to use the Application under the terms of the Contract in the current version from the respective internet address.
3.10 When using the Application, the User undertakes to act in such a way that he/she or the Operator does not suffer any damage by using the Application.
4 4. Database
4.1 The User does not have the right to use the Application to exploit the database associated with the Application in any computerized or mechanical way (especially using the so-called software robots is prohibited).
4.2 The User and the Operator hereby agree that any data entered by the User into the Application database are part of the database collected by the Operator and become part of the Operator's database without giving the User any right to the Application's database by his/her actions described in this paragraph.
4.3 The Contracting Parties are aware of, consistently declare and make it undisputed that the Application meets the conditions of the provisions of § 562, section (2) of the Civil Code, that is, data records in the Application and its database as an electronic system are reliable and are executed systematically and sequentially and are protected against changes.
5 5. Liability for damages
5.1 The provisions of this Article of the VOP do not apply to consumers.
5.2 The User hereby expressly waives the right to get damage compensation from the Operator when caused inadvertently or not due to gross negligence by the Operator in breach of any obligation stated in the Contract in connection with the performance of the Contract or these VOP.
6 6. Change of VOP
6.1 The User acknowledges that the Operator concludes the Contracts in the ordinary course of business with a larger number of persons and the Contracts are, according to their nature, obliging in the long term to re-perform in the same manner with reference to these VOP. The Contracting Parties make it undisputed - even prior to the conclusion of the Contract - that the nature of the Operator's obligations under these VOP implies and there is a reasonable need for a later amendment to these VOP.
6.2 The contracting parties hereby agree that the Operator may change these VOP to a reasonable extent and at the same time the contracting parties agree that any change of the VOP shall be notified to the User, as the other party, via an e-mail message sent to the e-mail address entered by the User into the Application. In such a case, the User has the right to reject the VOP changes and to terminate the relevant commitment between him/her and the Operator for the particular reason with the notice period of one (1) calendar month starting from the day following the sending the notice. The contracting parties hereby declare that this notice period is sufficient to procure some similar performance and service from some other entity.
6.3 In the event that a new Agreement is concluded with respect to an existing User Account (i.e. the renewal or extension of the User Account), such Agreement shall be governed by the VOP as amended on the date of conclusion of such new Agreement.
7. Protection of personal data
7.1 The Operator is obliged by law to protect and secure the personal data received. The operator therefore uses and implements various effective security technologies to protect personal data from unauthorized access or use.
7.2 For more information about protection of personal data, see the Personal Data Protection Policy here:
8. Mandatory consumer information
8.1 This article of the VOP is only effective with respect to the User who is a consumer. The provisions stated in this Article of the VOP do not apply in particular to entrepreneurs, that means to sole traders or business companies.
8.2 The Operator hereby informs the User as follows:
8.2.1 The address for delivery of documents to the Operator is the same as the above-mentioned address of the Operator's registered office: Ústí nad Labem - City, Ústí nad Labem - Centre, Rooseveltova Street 1804/2
8.2.2 The operator's telephone contact is: +420604205206
8.2.3 The address of the Operator for electronic mail delivery is: email@example.com
8.2.4 The Operator's remuneration for the License is determined inclusive all taxes and fees and its amount and/or the method of calculation are specified in the Google Play App, App Store.
8.2.5 The User is obliged to pay the Operator a fee for the License, if the License is not provided free of charge, in one of the ways specified in the user interface of the Google Play Application, App Store.
8.2.7 The use of the application requires Internet access and an Internet browser;
8.2.8 Data on conclusion of the Contract incl. these Commercial Terms and Conditions are recorded and saved in the Application database and the User has access to them through the User Account.
8.2.9 The User has the option to detect incorrect data by checking his/her User Account;
8.2.10 Correction of data entry errors may also be made through the Application and, where the Application does not allow it, through the technical support whose contact is specified in the Application;
8.2.11 The operator complies with all applicable laws of the Czech Republic; no other codes are binding for the Operator;
8.2.12 The Operator does not use any means of extrajudicial dispute resolution;
8.2.13 The subject of the Contract is not any delivery of goods. Thus the provisions of the Complaint Act are not applicable to the Application. The liability for obvious or hidden defects of the Application that the Application may have had at the time of its provision to the User should be claimed towards the Operator under the conditions stipulated by law, in the Contract and in these VOP;
8.2.14 The User is obliged to observe these VOP which are also part of the Contract as well as the valid and effective legal regulations of the Czech Republic;
8.2.15 The user may make a complaint towards the supervisory authority or towards the state supervisor. The Czech Trade Inspection Authority handles the out-of-court complaints of consumers in the manner and under the conditions of the relevant legal regulations.
9. Applicable law
9.1 These VOP as well as the Contract are governed by the laws of the Czech Republic, in particular the Act No. 89/2012 Coll., Civil Code, as amended.
9.2 Any disputes arising from and under the Contract and/or these VOP shall be settled by the competent courts of the Czech Republic.
10.1 These VOP come into force and effect on 1st April 2020.