for the BabelApp service operated by OKsystem a.s., company ID no.: 27373665, having its registered office at Prague 4 – Nusle, Na Pankráci 1690/125, postcode 14021
Definitions and interpretations
For the purpose of these Terms and Conditions of Use the following capitalized expressions have the meanings as stated below:
Terms and Conditions refers to these Terms and Conditions of Use always in the current wording available electronically on the Operator’s website at the address: https://www.babelapp.com.
Operator refers to the business entity OKsystem, a.s. established and existing according to Czech law, company ID no.: 27373665, having its registered office at Prague 4 – Nusle, Na Pankráci 1690/125, postcode 14021, entered in the Commercial Register maintained by the Municipal Court in Prague, Section B, file 20326.
Service means the BabelApp internet service operated by the Operator as defined in greater detail in Article III of these Terms.
Client means the software for mobile devices or software for computers designated by the Operator for use of the Service.
User refers to any person using the Service, who on the basis of his or her consent with these Terms and Conditions undertakes to adhere to them.
Name refers to a unique alphanumerical identifier with a minimum length of 6 characters which is selected by the User when registering for the Service.
Account refers to the User’s account created and registered under the respective Name on the internet server used to provide the Service. A log-in password selected by the User is used for logging into the Account.
Address means a unique identifier which allows communication with other Users based on shared knowledge of their Addresses. The Address is in the form of “Name#babelapp.com”.
General
In using the Service you express your consent with these Terms and Conditions and undertake to adhere to them in their entirety. Before first use of the Service you must duly read and accept these Terms and Conditions. The Operator is entitled periodically to amend and update these Terms and Conditions, new versions of which will become effective upon their publication on the website https://www.babelapp.com. With each new use of the Service you express your recurring consent with the current wording of these Terms and Conditions.
These Terms and Conditions relate to all obligations arising between the Operator and User concerning use of the Service.
These Terms and Conditions take precedence over any potential business terms and conditions of the User, regardless of whether they are known to the Operator and whether the Operator expressly refused them or not.
Matters not regulated by these Terms and Conditions are governed by the legal order of the Czech Republic. The parties can invoke business customs only if these are not in conflict with these Terms and Conditions and the legal order of the Czech Republic, including its regulations which are not compulsory in nature. The party invoking business customs must demonstrate that the other party must have known the particular custom and was cognizant of procedure according to this custom.
The Operator’s website can use so-called cookies, which are small sets of characters stored on the User’s computer when he or she visits websites. Cookies allow a website to recognize the user settings from previous visits when the user returns. If you do not want to use cookies, please select this option in your internet browser.
Specification of the Service
The Operator is the operator of Service which allows sending and receiving encrypted messages and their attachments between Clients via the internet. All transferred messages and documents are encrypted and inspected for integrity between the end points of the transfer, i.e. between the sender’s Client and the recipient’s Client.
The Service allows for each User to register the User’s Account under the Name and does not verify the User’s actual identity. It is the responsibility of each User to verify the actual identity of contacts with whom he or she communicates using such alternative means as, for example, a telephone phone call or verification of a key number.
The Service uses the Operator’s internet server upon which the Account must be registered. The server does not know the Users’ actual identity or the identity of other persons with whom you communicate and is unable in any case to decrypt any communication, data, or documents. The server sends messages exclusively to the recipients specifically selected by the sender. The server does not store sent messages or attached documents for longer than they are successfully delivered or the maximum delivery time lapses. In addition to delivering messages, the server distributes and synchronizes the Users’ public keys to Clients.
Limited Warranty
The Operator does not guarantee, declare, or provide assurance that your use of the Service shall be uninterrupted and error-free, and you agree that the Operator can at irregular intervals put the Service out of service, cancel it, or limit it in accordance with the provisions of this agreement.
You are expressly informed and agree that the Service is provided on an “as is” basis. The Operator expressly disclaims all warranties of any kind, whether express or implied, and especially implied warranties of merchantability, suitability for a specific purpose, and not breaching legal regulations. The Operator especially in no way guarantees that:
the Service shall correspond to your requirements;
your use of the Service will be timely, uninterrupted, and error-free;
information you receive by means of the Services will be accurate and reliable; and
any faults or errors in the software you will be provided within the Service shall be repaired.
In operating the Service, the Operator shall exert all professional care as required by law and reasonably expected in order to minimize the possibility for any negative intrusion into the Service and into data transferred by the Service. The Operator does not declare or guarantee, however, that no loss, damage, attack, virus infection, hacker attack, or other cases of security breach will occur in connection with the Service and it disclaims any liability concerning such events as those aforementioned should they occur.
You access all materials delivered or otherwise obtained in using the Service at your own discretion and at your own risk and you shall bear sole responsibility for any damage to your device or computer or loss of data due to delivery or acquisition of such materials. You are also informed that the Service is not designated or suitable for use in situations and in environments where failure, delay, errors or inaccuracies of the contents, data, or information provided by the Service could lead to death or injury of persons or serious damage to property or to the environment.
Limitation of Liability
The Operator shall make reasonable effort and take due care in providing the Service. In using the Service you expressly agree and are informed that the Operator bears no material liability for any direct, indirect, incidental, special, consequential, or other damages, and in particular no obligation to provide compensation for loss of profit, loss of a company’s commercial value, loss of use value, loss of data, costs for replacement goods or services, and any non-material damages (even if the Operator was informed of the possibility that such damages could occur) arising due to:
use of the Service or its unavailability for use;
any change in the Service or any temporary or permanent termination of the Service or its part;
unauthorized access to your transfers or data or due to their alteration;
deletion, damage or failure to save, send, or receive your transfers or data within the Service or by means of it;
statement or action of any third party concerning the Service;
any other matters related to the Service.
Limitation of use
You agree that you shall use the Service exclusively for purposes permitted by these Terms and Conditions and only to such extent as is permitted under pertinent legal regulations. Should your use of the Service or any other action intentionally or unintentionally put the Operator’s ability to provide the Service or other services at risk, then the Operator shall be entitled to take all reasonable steps to protect the Service and its systems, including potentially to suspend your access to the Service or to cancel your Account.
Information about the Service
The Operator reserves the right to send information about the Service to registered Users.
Changes of Service
The Operator reserves the right to change these Terms and Conditions at any time and to establish new or additional terms conditions for your use of the Service. You will be informed of any possible changes and additional conditions and provisions and if you accept them they shall become effective immediately and shall become part of this agreement. Further use of the Service is in this context regarded as acceptance of the changes to the Terms and Conditions. If you decline to accept such changes, the Operator is entitled immediately to terminate the relationship of mutual obligation and to cancel your Account. You agree that the Operator shall not be liable to you or any third party for any change or termination of the Service.
The Operator can perform automatic checking of your version of the Client and is entitled from time to time automatically to perform changes in its configuration and to issue Client updates. You can be asked to update your Client in order to be able to continue using it. You agree with accepting these updates in accordance with these Terms and Conditions. The Operator has no obligation to perform any updates and does not guarantee that it will be able to continue to support older versions of the Client.
The Operator can from time to time perform maintenance or upgrades of the Service, the website, and the basic infrastructure enabling use of the Service. For this purpose, the Operator may temporarily suspend or limit the use of some or all such software, products or websites until such maintenance or upgrade is complete. Users are not entitled to compensation for damages ensuing from such suspension or limitation of functionality of the Operator’s software, products or website.
Your use of the Service
A. Your Account
After creation of the Account, the Service requires registration based only upon entering the Name. The Operator verifies solely the uniqueness of the Name and does not verify or approve the content and significance of the Name. The Operator and the Service in no way verify the actual identity of the Account’s User.
Your Account is protected by a login password which you must create when registering the Account. You must not tell your login password to anyone. You bear sole responsibility for preserving the confidentiality and security of your Account and for all activities performed through it.
Under your Account you may communicate in an encrypted manner with those users whose Addresses you know precisely. The Service does not allow for searching the database of Users, and therefore it is up to you with whom you share your Address.
In creating the Account you do not become owner of that Account or its corresponding Name and Address, and you obtain no right to these except for those rights explicitly stated in these Terms and Conditions. The User is not in any way entitled to transfer the Account to third parties. The Operator is not in any way entitled at any time to change your Name or to cancel your Account.
B. Your actions
You agree that in using the Service you shall not engage in the subsequent actions:
using the Service in conflict with the laws of the country in which you are;
transferring, saving, or otherwise making accessible any content which is illegal, harassing, threatening, objectionable, tormenting, offensive, slanderous, intimidating, violent, obscene, vulgar, invasive of another persons’ privacy, hateful, racially or ethnically offensive, and otherwise inappropriate;
harassing other persons, threatening them, or causing them harm;
if you are an adult individual, requesting personal or other data from an underage person whom you do not know personally;
claiming to be a person or entity you are not;
participating in breaching of copyright or other intellectual property rights, or disclosing any trade secrets or confidential information in conflict with a contract on confidential information, employment contract, or non-disclosure contract;
sending unsolicited commercial communications;
sending, transferring, saving, or otherwise making accessible any material containing harmful computer code, files, and programs created with the aim to damage, disturb, or limit normal operations of the Service (or any of its part) or of any computer software or hardware;
disturbing or damaging the operations of the Service, as well as any servers and networks connected to the Service, or any principles, requirements, and regulations of networks connected to the Service;
planning any unlawful activity or participating in it;
collecting and storing personal data of other users of the Service which are to be used in connection with any of the aforementioned proscribed activities.
The Operator is not the originator of the contents of communications and does not verify, approve, or bear any responsibility for the content of the communications which result from use of the Service.
Licence
The Operator, on the basis of maintaining these Terms and Conditions, hereby grants the User entitlement to exercise the right to use the Service (license) solely for the User’s personal or own internal use. On the basis of this license, the Service must not be used for commercial purposes and the results of activity connected to use of the Service must not be used for commercial purposes. The license is provided free of charge on a limited, non-exclusive, and non-transferrable basis, and it is intended for use of the Service pursuant to Article III. of these Terms and Conditions. Any other use is permitted only upon obtaining advance written approval from the Operator.
Copyright
All content occurring on the Operator’s website, such as sounds, texts, graphics, logos, icons, images, sound clips, digital files, and software for download, are owned by the Operator and protected by law. Such content protected by copyright cannot be used without the Operator’s express consent. The Operator retains all rights not explicitly granted by the Operator.
The Service, Client, and any services or software provided by the Operator are the intellectual property of the Operator and protected by copyright. Users are not entitled to infringe upon, process, modify or otherwise change, or reproduce, decompile, decompose, or back-analyze the software and the databases of the Service and the Client in any way.
Breach of Terms and Conditions
In case of a breach of these Terms and Conditions, the Operator is, among other possibilities expressly stated in these Terms and Conditions, also entitled to:
cancel the User’s Account and prevent the User’s further access to the Service, including the use of technical means for preventing further access,
request compensation of damages incurred by the Operator due to breach of these Terms and Conditions and release of the unjust enrichment, in accordance with and under the terms and conditions as established under applicable legal regulations.
Final Provisions
Should any provision of these Terms and Conditions be found unenforceable or invalid, there shall be applied in its place a legal interpretation which approaches as closely as possible the unenforceable or invalid provision. The unenforceability or invalidity of individual provisions of these Terms and Conditions shall not affect the enforceability or validity, respectively, of the remaining provisions.
If any limitation of the Operator’s liability is invalid with respect to compulsory legal regulations, this fact shall be interpreted as that the pertinent limitation shall remain valid to the greatest permissible extent.
These Terms and Conditions and all relationships arising on their basis and in connection with them shall be governed by the legal order of the Czech Republic.
These Terms and Conditions become valid and effective on 1 June 2016.