This is a translation of the Czech original for the convenience of our international users. In case of any discrepancy, the Czech version published at simbila.com/cs/site/tos prevails.
By registering, and by any further use of the services, the user expresses their consent to the Terms and Conditions set out below by trueapps, a.s. for the use of the Simbila application. The Terms and Conditions are binding on the user and the provider from the moment the registration is confirmed.
1.1. The provider is TRUEAPPS a.s., with its registered office at Olomoucká 81, 627 00 Brno, Czech Republic, Company ID: 26237661, VAT ID: CZ26237661 (hereinafter the provider).
1.2. The user is exclusively a self-employed natural person or a legal entity identified by the login email and password entered upon registration, who uses the services within their business activity (hereinafter the user).
1.3. The Agreement means the agreement concluded between the Provider and the User, the subject of which is the granting of a Licence to use the Simbila web or mobile application available at simbila.com.
1.4. The Licence is a non-exclusive licence to use the Application under the conditions set out in these terms and conditions.
1.5. The Application means the Simbila web or mobile application.
1.6. The offer to conclude the Agreement is the User's registration, which is carried out by creating an account (by completing and submitting the registration form or by accepting an invitation to another account).
1.7. Acceptance of the offer is the display of the confirmation screen after registration or the email confirmation of the registration by the provider. This acceptance of the offer is the moment at which the Agreement is concluded. The Agreement is concluded for an indefinite period.
1.8. Account – the user account for the service, identified by a unique identifier (the name of the account/agenda). The account constitutes the non-public part of the application.
1.9. A change of tariff within the user account is considered a proposal to amend the agreement. Confirmation of the change of tariff is acceptance of that proposal.
1.10. Blocking an account is a restriction of the user's access to the account or to all accounts.
1.11. Cancellation of an account is the irreversible deletion of one or all of the user's accounts and of all data associated with the cancelled account. Cancellation of the account constitutes termination of the Agreement.
2.1. Upon registration the user is obliged to state their contact details for the purpose of invoicing the services provided and of communication with the provider. The user is obliged to keep their contact details up to date.
2.2. The user agrees that the provider may send them commercial communications. This consent may be withdrawn at any time, either for an individual type of communication or for all commercial communications.
2.3. The user is obliged to protect the access names and passwords provided for the services and program resources of the server against misuse by a third party. The provider bears no liability for any misuse.
2.4. The Simbila application, including its mobile version, is a copyrighted work under Act No. 121/2000 Coll., on copyright, on rights related to copyright and on amendments to certain acts, as amended (the "Copyright Act"). The property rights to the application under the Copyright Act and under the international copyright agreements concluded by the Czech Republic belong to the provider. This agreement grants the user no rights in connection with the provider's trade marks.
2.5. The provider bears no liability for the compliance of the particulars of the documents created with the applicable and effective legal regulations, and it is solely up to the user to make sure they are complete and free of errors.
2.6. The user undertakes not to sell or otherwise provide the Application in any manner to third parties without the provider's consent.
2.7. The user bears full responsibility for the data and content processed through the Application provided, and undertakes to use the Application provided in accordance with the legal order of the Czech Republic.
2.8. The user undertakes to pay the agreed price for the performance provided duly and on time in accordance with the applicable price list.
2.9. The user has the right to terminate the Agreement at any time by cancelling their account, provided that their account is not blocked on the grounds of a breach of any of the terms and conditions. All of the user's data will be deleted after the account is cancelled.
2.10. The user may also create an account and sign in to it through their account with Google, Microsoft or Facebook (hereinafter the "Sign-in Provider"), where the provider offers this option. The user is responsible for the security of the account with the Sign-in Provider, and that account is subject to the terms of the Sign-in Provider concerned.
2.11. A user who signs in only through a Sign-in Provider may set a password at any time and disconnect that sign-in method. Losing access to the account with the Sign-in Provider does not in itself mean losing the account in the Application; the user may contact support.
2.12. The provider may change the range of Sign-in Providers at any time or stop offering any of them. Users who used such a sign-in method retain access to their account through email and password.
3.1. The provider is obliged to ensure the uninterrupted operation of the Application.
3.2. An interruption of the operation of the Application arising from unavoidable objective reasons (e.g. a power outage, a failure of the internet connection point and the like), or an interruption of operation due to the provider's system interventions in the operation of the server, of which the user will be informed in advance directly in the Application, does not constitute a breach of the provider's obligation to ensure the uninterrupted operation of the Application.
3.3. The provider has the right to cancel the account of a user who breaches the Terms and Conditions, deliberately damages the application, misuses the provider's logos or trade marks, engages in other unlawful dissemination of the content of the website and of the web or mobile application, or attempts to circumvent the tariff limits.
3.4. The provider has the right to cancel the account of a user who has not signed in to that account for more than 12 months. Before any such cancellation, the provider will notify the user at the email address of the account owner.
3.5. The provider bears no liability for any damage caused by the use of the application.
3.6. Under Section 1752 of Act No. 89/2012 Coll., the Civil Code, the provider has the right to amend these terms and conditions, for example in order to bring them into line with legislation or to increase the legal certainty of the parties to the agreement. The contracting parties agree that the nature of the obligation gives rise to a reasonable need to amend the Terms and Conditions in the future, subject to prior notice to the user on the simbila.com website at least 14 days before the changes take effect.
3.7. If the user does not agree with a change to the terms and conditions, they have the right to cancel their account. The contracting parties declare that a period of 14 days is sufficient to arrange an alternative service.
3.8. The provider has the right to send the user information and commercial communications by email, and at the same time the obligation not to send commercial communications if the user does not consent to their being sent.
4.1. The price is set in accordance with the current tariff price list published at www.simbila.com/en/site/pricing.
4.2. Payments for the use of the Application are made in advance on the basis of an issued advance invoice and are non-refundable.
4.3. The provider is entitled, after prior notice to the user, to change the terms and the prices of the services offered on the grounds of the introduction of new features or of inflation.
4.4. The provider issues an invoice for the use of the Application once a month. The user may request that the invoicing period be changed to 1 year.
4.5. The user may request that their account be archived. An archived account behaves in the same way as a blocked account.
4.6. The provider has the right to cancel the account of a user who is in default with payment for the use of the Application for more than 2 months. Before any such cancellation, the provider will notify the user at the email address of the account owner.
5.1. All services are provided by electronic means only.
5.2. Support for the use of the service provided is provided in electronic form only (email communication, information on the website and the like).
5.3. The sending and receipt of all documents relating to the service provided, including invoicing, takes place by electronic means only.
5.4. Any complaints may be made by sending an email or by completing the contact form. The contact email and the form are part of the description of the service and of the service itself.
6.1. The controller of the User's personal data for the purposes of performing the contract and complying with legal obligations is TRUEAPPS a.s., Company ID: 26237661, with its registered office at Olomoucká 1189/81, Černovice, 627 00 Brno. The protection of the User's personal data is governed by the Privacy Policy, with which the User is acquainted upon the conclusion of the licence agreement in a separate document.
6.2. Where the User is the controller of the personal data of their customers, clients and business partners, our company is the processor, and the terms of protection of the personal data of the User's business partners are governed by the Data Processing Agreement (available in Czech).
In the event of disputes arising from the agreement, as well as in the event of disputes concerning the validity or existence of the concluded agreement on the provision of the service and of these terms and conditions, the parties:
7.1. Choose the law of the Czech Republic as the governing law.
7.2. Determine that the Czech courts have jurisdiction.
7.3. In accordance with Section 89a of Act No. 99/1963 Coll., determine a court in Prague as the court with local jurisdiction.
8.1. These terms and conditions are effective as of 25 May 2018.