I. Introductory provisions
The CalCoolio application is a unique financial application that helps in making the right investment decisions (hereinafter referred to as "application"). The application is intended for installation and use on Apple iPhone, iPad and iPod touch devices with iOS 11.0 and higher and computers with MacOS Catalina (version 10.15 and higher).
The operator of the CalColio application is the company Convenient Solutions, s.r.o, IČ: 08220735, with its registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, Czech Republic, entered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 112448 / hereinafter "operator" /. The operator is a business company established in accordance with Czech law, whose business is Production, Trade and Services not listed in Annexes 1 to 3 of the Trade Licensing Act. As part of its business activities, the operator is mainly engaged in the development and distribution of mobile applications.
User means any natural or legal person who uses the application.
II. A conclusion of the contract
Upon installation of the CalCoolio application by the user, a license agreement is concluded between the user and the operator authorizing the user to use the CalCoolio application (hereinafter referred to as the "agreement"). An integral part of the contract are these Business Terms and Conditions for the use of the CalCoolio application / hereinafter referred to as the "Business Terms and Conditions" /. By concluding the contract, the user confirms that he has read the terms and conditions and is aware that the contractual relationship is governed by the provisions of these terms and conditions.
III. Using the application
The application is intended for use only on Apple iPhone, iPad and iPod touch devices with iOS 11.0 and higher operating systems and computers with MacOS Catalina operating system (version 10.15 and higher). The application is offered in two versions, namely the "PERSONAL" version. and the "PROFESSIONAL" version. The range of functions of individual versions of the application is given in the description of individual versions of the application in the price list located on the website https://www.calcoolio.app.
By concluding the contract, the user is granted a non-exclusive locally unlimited license to use the application on one device. The user is entitled to use the application, store it on his device, display, analyze and print the contained data only for his own use. The user is not entitled to further process, archive, copy, communicate to the public or otherwise distribute any outputs from the application.
The user is not entitled to grant sub-licenses for the use of the application or make the application available in any way to any other third party, whether for a fee or free of charge.
The license is granted for the period until the limits set for the given version of the application by the user are exhausted. If the user does not purchase another license for the use of the application after the limit is used up, he is not entitled to continue using the application in any way after the limit is used up.
The application is intended for personal use by the user.
In the event of a breach of any provision of these terms and conditions by the user, the operator is entitled to terminate the license agreement with the user, with immediate effect.
In the event of earlier termination of the license authorization - ie before the limits are exhausted - the user is not entitled to a refund of any part of the license fee.
The operator has warned the user that the application may from time to time communicate with the operator's servers in order to check or make application updates or security modifications. By concluding the contract, the user agrees to perform these automatic updates necessary for the proper functioning of the application.
The user is not authorized to make any interventions in the application, ie any interference with its content or technical design is prohibited. It is also forbidden to use reverse engineering or make copies of the application. Prohibitions apply both to the application as a whole and to any part of it.
It is forbidden to use the application, which is in conflict with the applicable law of the user's country of residence, these terms and conditions or good morals. It is forbidden to use the application in connection with the commission of any offense, criminal offense or other illegal activity.
The user is obliged to act when using the application so that he, the operator or any third party does not suffer any damage.
The operator has the right to make the application or its part inaccessible, to stop, to delete or change it at any time.
IV. Copyright protection
The application is a copyright work that is protected by copyright law. The user is entitled to use the application only to the extent authorized by the license agreement contained in these terms and conditions.
The user is not entitled to use the application, logo, any output from the application, including images, texts or graphic design for commercial purposes.
By granting a license to use the application, the user does not acquire any ownership right to the application, know-how, operator logo, or any other property values owned by the operator.
V. Limitation of Liability
The operator is not responsible for any damage incurred in connection with the use of the application, relying on the accuracy of data or calculations from the application. The operator is not responsible for losses or other damages that have occurred in connection with the use of the application.
The operator is not responsible for partial or complete unavailability of the application.
Each user uses the application at his own risk.
The information published in the application does not have the character of an investment recommendation or an analysis of investment opportunities. The operator does not provide any advice or investment or any other advice within the application.
The application is based on real historical data in calculations. The operator expressly draws the user's attention to the fact that the past performance of investment instruments is not a reliable indicator of future returns.
VI. In-app purchases
The user acknowledges that the granting of a license to use the PERSONAL version of the application is provided by the operator free of charge.
The amount of the fee for providing a license for the PROFESSIONAL version of the application is always stated in the valid price list of the operator. The user acknowledges that the operator has the right to provide this paid part of the performance only after the fee for the provision of the license is credited to the operator's account.
VII. Consumer provisions
The provisions of this Article VII. These terms and conditions are effective only against users who act as consumers when using the application. Consumer means a natural person who does not use the application in the performance of his business activities.
The basic version of the license for the use of the so-called "PERSONAL" application is provided to the user free of charge. The operator offers the option to purchase the full version of the application, the so-called "PROFI" version. The fee for the provision of this version of the license is always stated in the current price list of the operator available on the website www.calcoolio.app. The fee for the provision of the license is always stated in the price list, including all taxes and fees. Payment will be made in one of the ways listed in the App Store (iOS version) or Mac App Store (MacOS version) user interface.
In connection with the application, the user does not incur any delivery costs, long-distance communication costs other than the standard costs of the Internet connection, or any other costs in relation to the operator.
The operator is liable for application defects only to the extent specified in these terms and conditions, with regard to the fact that it is not a delivery of goods. The user can notify the operator of any detected application defects via a contact e-mail address. In the event that there is a defect in the application for which the operator is responsible, this defect will be removed, as soon as possible, taking into account the nature of the defect.
The user is entitled to use the application for the duration of the license authorization.
In connection with the use of the application, the user is not obliged to pay any deposits.
The user is entitled to withdraw from the contract within 14 days from the date of its conclusion. Withdrawal from the contract does not entail any special costs in connection with the activities of the operator.
The body for resolving out-of-court disputes between the provider and the consumer is the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, Prague 2, Postal Code 120 00, www.coi.cz.
VIII. Protection of personal data
In connection with the normal use of the application, the operator does not process the personal data of users.
All processed personal data are then processed by the operator in accordance with Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The operator always makes sure that the rights of natural persons in connection with the processing of personal data are not impaired. The operator declares that it has taken appropriate technical and organizational measures to ensure an adequate level of security of personal data, taking into account the state of the art, the costs of implementation, the nature, scope and purposes of the processing.
IX. Final Provisions
These business conditions as well as the legal relationship established by the contract are governed by Czech law, in particular Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 121/2000 Coll., The Copyright Act, as amended.
All disputes arising in connection with the concluded contract, these terms and conditions or the use of the application will be resolved before the competent court of the Czech Republic.
In the event that any provision of these terms and conditions becomes invalid, this invalidity does not affect the validity of the concluded license agreement and business conditions as a whole.
The business conditions of the operator are binding for the user for the entire duration of the license authorization.
The user acknowledges that the operator reserves the right to make a reasonable change to the terms and conditions. The change of business conditions will be published on the operator's website, and the user will be notified of it in the application. In such a case, the user has the right to reject the change of business conditions and terminate the contract for this reason. The notice period in this case is one month. After the expiration of the notice period, the user is no longer entitled to use the application.
These business conditions come into force and effect on October 1, 2019.
Convenient Solutions, s. r. o.