Terms of Service
Last updated: June 15, 2024
Welcome to softverovefirma.live (the "Website"), operated by Softvérová Firma s.r.o. (hereinafter referred to as "the Company," "we," "us," or "our"), a software development company registered in the Slovak Republic. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Softvérová Firma s.r.o. governing your access to and use of our website, services, and software products (collectively, the "Services"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please refrain from using our Services.
1. Acceptance of Terms
By using our Services, you confirm that you are at least 18 years old or have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms. Our Services are intended for business and individual use within the Slovak Republic and internationally, subject to applicable laws.
2. Description of Services
Softvérová Firma s.r.o. offers a range of software development services, including but not limited to custom software development, web and mobile application creation, system integration, consulting, and maintenance of digital solutions. The specific terms for each service may be detailed in separate service agreements or project proposals. The Website serves as a platform to showcase our portfolio, share insights, and provide access to our software products. All Services are provided on an "as is" and "as available" basis, subject to these Terms and any additional terms that may apply to particular services.
3. User Accounts and Registration
To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information promptly to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate your account if we suspect any violation of these Terms or applicable laws.
4. User Obligations and Acceptable Use
You agree to use the Services in accordance with all applicable laws, regulations, and these Terms. Specifically, you shall not:
- Use the Services for any unlawful, fraudulent, or malicious purpose.
- Post, upload, or transmit any content that is defamatory, obscene, pornographic, abusive, or promotes violence or discrimination.
- Attempt to gain unauthorized access to our systems, networks, or user accounts.
- Interfere with the operation of the Services, including by distributing viruses, malware, or other harmful code.
- Reverse engineer, decompile, or disassemble any software provided as part of the Services.
- Use the Services to infringe upon the intellectual property rights of others.
- Engage in data scraping, mining, or unauthorized extraction of content from the Website.
- Use automated tools, such as bots or scripts, unless expressly permitted by us in writing.
5. Intellectual Property Rights
All content, materials, software, algorithms, designs, trademarks, logos, and data (the "Intellectual Property") on the Website and within our Services are owned by Softvérová Firma s.r.o. or its licensors and are protected by Slovak, European Union, and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes. You may not reproduce, distribute, modify, create derivative works of, or publicly display our Intellectual Property without our express written consent. Any software or code provided to you under a separate license agreement shall be governed by the terms of that license.
6. User-Generated Content
If you submit, post, or upload content to our Services (including but not limited to feedback, comments, or project materials), you retain ownership of that content, but you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of providing and improving our Services. You represent that you have all necessary rights to grant this license and that your content does not violate any third-party rights or these Terms.
7. Privacy and Data Protection
We are committed to protecting your privacy in accordance with the General Data Protection Regulation (GDPR) and applicable Slovak data protection laws. Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as outlined in the Privacy Policy. We implement appropriate technical and organizational measures to safeguard your data, but we cannot guarantee absolute security.
8. Payment Terms and Fees
For paid Services, you agree to pay all fees and charges specified in the applicable service agreement or invoice. All payments are due within the timeframe stated on the invoice, unless otherwise agreed in writing. Late payments may incur interest at a rate of 1.5% per month or the maximum allowed by law. We accept payment methods as indicated on our invoices. All fees are exclusive of taxes, and you are responsible for paying any applicable VAT, sales tax, or other taxes. Invoicing will be issued in accordance with Slovak accounting and tax regulations.
9. Cancellation and Termination
Either party may terminate a specific service agreement in accordance with the terms set forth in that agreement. We reserve the right to suspend or terminate your access to the Services at any time, without prior notice, if you breach these Terms or violate applicable laws. Upon termination, your right to use the Services ceases immediately, and you must delete any copies of our software or content in your possession. Sections of these Terms that by their nature should survive termination (including but not limited to intellectual property provisions, disclaimer of warranties, limitation of liability, and governing law) shall remain in effect.
10. Third-Party Links and Services
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Softvérová Firma s.r.o.. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of such third-party resources is at your own risk, and you should review their terms and policies. Our inclusion of a link does not imply endorsement.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Softvérová Firma s.r.o. DISCLAIMS ALL WARRANTIES.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Softvérová Firma s.r.o., ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless Softvérová Firma s.r.o., its subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any third-party rights. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with us in asserting any available defenses.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of the Slovak Republic, specifically the District Court of Bratislava. However, we may seek injunctive or other equitable relief in any jurisdiction to protect our intellectual property rights. You agree to submit to the personal jurisdiction of such courts. If you are a consumer in the European Union, you may also have the right to initiate dispute resolution through the European Commission's Online Dispute Resolution (ODR) platform (ec.europa.eu/consumers/odr).
15. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on the Website, with an updated "Last updated" date. We may also notify you via email or through the Services. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the new Terms. If you do not agree to the changes, you must stop using the Services. It is your responsibility to review these Terms periodically.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while reflecting the original intent of the parties.
17. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Softvérová Firma s.r.o..
18. Entire Agreement
These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Softvérová Firma s.r.o. regarding your use of the Services, superseding any prior agreements or understandings, whether written or oral.
19. Contact Information
If you have any questions, concerns, or requests regarding these Terms, please contact us at:
Softvérová Firma s.r.o.
Legal Department
Pribinova 25
811 09 Bratislava
Slovak Republic
Email: legal@softverovefirma.live
Phone: +421 2 123 4567
20. Miscellaneous
These Terms are available in English and Slovak language versions. In case of any discrepancy, the Slovak version shall prevail. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely. The section headings in these Terms are for convenience only and have no legal effect. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms.
21. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms (except for payment obligations) due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, governmental actions, internet outages, or natural disasters. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact of such events.
22. Electronic Communications
By using our Services or providing us with personal data, you consent to receive electronic communications from us, including emails, notifications, and messages within the Services. You agree that such communications satisfy any legal requirement that communications be in writing. You may opt out of certain communications by contacting us, but you acknowledge that this may affect your ability to use certain Services.
23. Export Controls
The Services may be subject to Slovak, European Union, and international export control laws. You agree to comply with all applicable export and import regulations and not to use, transfer, or export the Services to any prohibited countries, entities, or individuals. You represent that you are not located in a country subject to trade sanctions or embargoes.
24. Language and Interpretation
These Terms are originally drafted in the Slovak language. Translated versions are provided for convenience. In case of any inconsistency between the Slovak version and any translation, the Slovak version shall prevail. These Terms shall be interpreted fairly and in accordance with their plain meaning, and no presumption shall be made against the drafting party.
25. Feedback and Suggestions
We welcome your feedback and suggestions about our Services. Any unsolicited ideas, suggestions, or materials you submit to us shall become our property, and we may use them without compensation or obligation to you. You agree that we are not required to keep any such submissions confidential.
26. Technology Updates
We may update, modify, or discontinue certain features of the Services at any time without prior notice. We will use reasonable efforts to notify you of material changes that may affect your use of the Services, but we are not liable for any downtime or loss of data resulting from such updates. It is your responsibility to maintain backups of your data.
27. Final Provisions
These Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. If you are a resident of a jurisdiction where certain provisions are not enforceable, those provisions shall be limited to the extent necessary to comply with local law. Our failure to act in a particular circumstance does not waive our right to act in other circumstances. We reserve all rights not expressly granted in these Terms.
Thank you for choosing Softvérová Firma s.r.o. We look forward to serving your software needs.
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Softvérová Firma s.r.o. – softverovefirma.live