Terms of Service
Agreenum
Effective
date: 20, November 2023;
Last
update: 18, November 2023
The following Terms of Service (“ToS”) regulate the terms and conditions of the services provided in
relation to “Agreenum” application (“Service”) by Agreenum Kft. (having its
registered seat at 1114 Budapest, Kemenes u. 12-14, fsz. 2. ajtó) , registered
in the Hungarian company registry under the number 01-09-421896); hereinafter
referred to as “Agreenum”, “we” or as the “Service Provider”). These ToS sets out the rights and obligations
of the Service Provider and the user (hereinafter referred to as “you” or “User”) in connection with the use of the Service, regardless of the
place of performance or the location of the User.
1.
Definitions
App Store EULA means the Licensed
Application End User License Agreement published by Apple at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Fee means the one-time fee to be paid for using the Service described
below in section 4.
Organisation means a legal entity in whose name User register to the Service.
Play Store EULA means the Google Play Developer Distribution Agreement published
by Google at https://play.google.com/about/developer-distribution-agreement.html
User Content means messages, reviews, photos, audio, video, images, folders,
data, and other types of information, material, and works uploaded, sent or
published to or through the Service.
2.
Download and registration
You may use our Service after
downloading the application from App Store or Play Store and completing the
registration process. You can download the application only from the App Store
or Play Store.
You must sign up for an account
before you can access the Service. You can establish a separate service account
or register using your Google, Facebook, or Apple account. You might be needed
to give us information about yourself when you sign up for an account, such as
your name, email address, or other contact details.
If you register in the name of
a legal entity, only a person authorised to represent the User is entitled to register. The Service
Provider is not obliged to verify the data provided during the registration
process and the User's eligibility and the Service Provider is not responsible
for such verification.
You affirm that the data you
offer is valid and that you will always maintain it accurate and current. You
will be asked for a password when you register. You assume responsibility for
all actions taken using your account, including keeping your password and
account information private. Suppose you believe that your account is no longer
secure. In that case, you must immediately notify us by contacting us at support@agreenum.com You
shall not disclose your password to any unauthorised third party, we are not
liable for any damages resulting from unauthorised use of password.
In order to access the Service,
you have to accept these ToS and the App Store EULA/Play Store EULA.
You warrant that the
information provided during registration is correct and up to date, and that
you update your account with any the relevant information when necessary.
The main purpose of the Service is to
simplify the management of commitments in relation with various interpersonal
connections.
We provide a digital platform for users to easily organise and
record agreements, promises in the area of private, interpersonal relationships
and other occasions. The area of application, therefore, ranges from private to
business occasions.
By using the Service, the Users may make
certain types of informal or formal commitments such as agreements,
understandings, promises, reparations, acknowledgments, declarations of intent,
and declarations. Users may be able to upload User Content to the Service, send
content through the Service, publish user content on the Service, and send User
Content to other Users of the Service.
DISCLAIMER: The certain types of commitments made by using the Service shall
not be considered as a written juridical act or agreement. By using the
Service, you are not able to create a judicial act or agreement, in cases a
juridical act or an agreement is required to be made in writing under the
applicable law.
Between
you, your peers, and Agreenum are concerned, and you continue to own all
copyrights and other property rights in any User Content that you submit to the
Service. However, if you work for an Organisation, you understand and recognize
that the relevant Organisation may be the owner of the rights to that User
Content.
User
Content is still yours even though you give Agreenum a worldwide,
non-exclusive, revocable, royalty-free and licence (with the option to
sublicense) to use, host, store, translate, transfer, display, perform,
reproduce, modify, display, distribute, and create derivative works of all such
User Content as contained in your User Content.
You
retain ownership of your content by providing User Content to or via the
Service to other Service users.
Agreenum
expressly disclaims any responsibility in connection with User Content. You are
solely responsible for your User Content, including promises and agreements you
have made with your peer and the consequences of using the Service to provide
User Content. By submitting User Content through the Service, you affirm,
represent, and warrant that:
a. you
are (or your Organisation is) the creator and owner of the User Content, or
that you have the necessary licenses, rights, consents, and permissions to
allow Agreenum and users of the Service to be able to use and distribute your
User Content as required to exercise the licenses granted.
b. You
are not and will not:
(i)
violate, infringe, or misappropriate any right of your peers or third party
rights, such as any copyright, trademark, patent, privacy right, or any other
intellectual property or proprietary right;
(ii)
violate any contractual obligation you have to a third party, including any
Organisation; or
(iii)
slander, defame, or invade any other party's privacy.
We will
not be held accountable or responsible in any way for any User Content that you
or other users upload, publish, or transmit. We are not responsible for
editing, controlling, or monitoring User Content. However, Agreenum has the
right to filter, remove, edit, or block any User Content that, in our sole judgement,
violates these Terms or is otherwise objectionable at any time and without
prior notice.
You are
aware that using the Service exposes you to user content from a variety of
sources and that some of this User Content may be inaccurate, inappropriate,
offensive, or indecent. You consent to give up any legal or equitable claim you
may have against Agreenum relating to User Content, and you do so. If we
receive a report from a User or User Content owner alleging that User Content
violates these ToS, we may look into the claim and decide, in our sole
discretion, whether to take down the User Content. We reserve the right to take
down User Content anytime and without prior notice. To be clear, Agreenum does
not allow copyright violations on the Service.
The fee for the service is to be paid on
the basis of the current price list, which is published at
https://www.agreenum.com/ for marketing purposes etc. or can be viewed on the
subscription platforms of the application providers. We will publish and update
applicable prices from time to time as necessary.
You pay the one-time Fee for
the subscription, for the first time on the day of your subscription.
You shall pay the Fee using the
App Store’s or Play Store’s in-app purchase method. You are obliged to ensure
the necessary coverage and other conditions for the use of the chosen payment
method.
If you fail to provide
sufficient funds on the due date of payment, we will send an email message to
the email address provided by you and will attempt to debit the payment
instrument with the amount of the Fee again. In case of failure of the payment,
we will consider that your active payment period has expired and will
immediately terminate access to the Service.
5.
Term and Termination
The subscription is concluded for
an indefinite period.
You may terminate the
subscription at any time. The one-time Fee paid will not be refunded to you.
You are entitled to delete your
user account in the application during the term of your subscription.
We are entitled to terminate
your subscription with immediate effect if we have reason to believe that you
or a person unknown to you is using the Service without permission or you have
otherwise breached these ToS, in particular the followings.
You may only use the Service
for your personal use. You shall refrain from the following conduct:
a) using the Service for
commercial purposes, or otherwise making the Service available to the public,
in particular in places of entertainment;
b) using the Service in an unlawful
or improper manner or in any other manner that is not in accordance with these
ToS;
c) copying, reproducing, lending,
selling, broadcasting or otherwise distributing, editing or in any other way
transmitting the content of the Service;
d) circumvent, render unusable,
modify, or alter any technical protection measure or security device that is
part of the Service.
6.
Right to modify terms
We are entitled
to unilaterally modify these ToS at any time and in the light of the provisions
of Apple Developer Program License Agreement / Google Play Developer Distribution
Agreement.
We shall inform you of any such amendments by email 30 (thirty) days prior to
their entry into force by placing such information on our website. Such
notification shall include the right of termination of your subscription. When
the amendments enter into force, registered Users must expressly accept them
when logging on to the application in order to use the Service.
If you do not wish to accept the
amendments, you shall be entitled to terminate the subscription no later than
the date on which the amendments enter into force. If you do not terminate the
subscription before the entry into force of the amendment, it shall remain in
force between the parties with the amendments.
7.
Intellectual property, copyright
Agreenum
is the sole owner and operator of the Service. The company's service materials
("Materials") and all visual interfaces, graphics, designs,
compilations, data, information, , software, services, promotional content, and
other elements are protected by intellectual property and other laws. The
Service's Materials are all the intellectual property of Agreenum or its
third-party licensors. You may not utilise the Materials unless specifically
permitted to do so by Agreenum. Any rights to the Materials that aren't
expressly granted in this ToS are reserved by Agreenum.
8.
Limitation of liability
The Service and its content are provided on an "as-is"
and "as-available" basis. We make no representations or warranties of
any kind, express or implied, regarding the application's accuracy,
reliability, or availability or its content. We shall not be liable for any
direct, indirect, incidental, consequential, or punitive damages arising out of
or in connection with the use or inability to use the Service.
Agreenum is not responsible for unplanned failures or downtime of
database operations (e.g. server and host failures).
Our total liability for damages shall be limited to the actual and
direct damage proven, up to the amount of the fee paid by the User to us.
9.
Maintenance, planned outages
We may suspend
access to the Service at any time for maintenance activities related to the
Service. We will inform Users of the date and duration of the planned
maintenance in the application, preferably 5 working days in advance.
10.
Data protection
Our Privacy Policy related to
the data processing activity is available at:
https://www.agreenum.com/p/privacy-policy/3
11.
Governing law, jurisdiction,
complaints
If you are concerned about an
alleged breach of law, contact us by sending an email to dsb@agreenum.com
The parties shall attempt to
settle all disputes arising out of these ToS primarily by amicable means. The
present ToS shall be governed by Hungarian law, and the Hungarian authorities
and courts shall have jurisdiction to settle any disputes arising therefrom.
The provisions of AppStore EULA
/ Play Store EULA and Apple Developer Program License Agreement / Google Play Developer Distribution
Agreement.
shall be also applicable to the Service.
If you are unable to settle
your consumer dispute with us, you may enforce your rights in the following
ways:
a) Filing a complaint to the
consumer protection authorities: if you notice a violation of your consumer
rights, you have the right to file a complaint with the consumer protection
authority, based on your place of residence.
b) Initiation of conciliation
body proceedings in Hungary (alternative dispute resolution): in order to
settle consumer disputes relating to the Service out of court, you may initiate
such proceedings before the conciliation body of the professional chamber of
our seat in Hungary as follows:
Contact details of the Budapest
Conciliation Board:
- 1016 Budapest, Krisztina krt.
99., III. floor. 310., Hungary
- postal address: 1253
Budapest, PO Box 10., Hungary
- email address: bekelteto.testulet@bkik.hu
- fax: 06 (1) 488 21 86
- telephone: 06 (1) 488 21 31
12.
Contact us
If you have additional
questions or concerns, please contact us:
name: Agreenum Kft.
address:
Hungary, 1114 Budapest, Kemenes u. 12-14, fsz. 2. ajtó
email: contact@agreenum.com
website: https://www.agreenum.com/
We may notify you by email or
by publication in the application or at https://www.agreenum.com/ of information relating to the
Service in accordance with applicable law.
You are obliged to update your
contact details if those are changed during the use of the Service.