We care about trees

TERMS OF USE OF THE SAFE TREES APPLICATION

These terms and conditions are part of the contract for the use of the application operated by SAFE TREES, s.r.o. They regulate the rules of use of the application, which are binding for you.

These terms are effective from 10 March 2023.

1. CONTACTS AND DEFINITIONS

1.1.

Application(s) is a collective term for any of the following web or mobile applications operated by SAFE TREES, s.r.o.:

a) Web Applications (any and all of which together are also referred to as the "Web Application"):

a) web application CheckTrees available on www.stromypodkontrolou.cz, which serves to administer the tree inventories and passports of greenery, to keep records of safety links and instrument tests on trees,

b) the web application TreeCheck PRO, available on www.treecheck.eu, which is used to visualize the cooling effect of greenery in cities and to verify the impact of changes in greenery on the cooling effect,

c) other web applications listed under the following link: www.safetrees.cz/oborovy-software/index-en.html.

b) Mobile Applications (any and all of which together are also referred to as "Mobile Application(s)"):

a) mobile online client SPK - Client for the web application CheckTrees available from Google Play and AppStore, which is used to view and edit data in the web application CheckTrees.

b) mobile application CheckTrees, available from Google Play and AppStore, which is used to collect and update tree inventory data. Data can also be exported and published via the CheckTrees web application,

c) other mobile applications listed under the following link: www.safetrees.cz/oborovy-software.

1.2.

Non-paid version of the Application is a version of the Application with a limited range of features, which is provided for free.

1.3.

Paid version of the Application is the version of the Application for which the User pays an annual subscription fee. The list of Paid Versions of the Application and the annual subscription fees are listed here: https://www.safetrees.cz/oborovy-software/index-en.html. The Paid version of the Application is not intended for consumers.

1.4.

Subscription Period is the period of time for which the User will have access to the Paid version of the Application - it is 1 year from the day on which the Paid version of the Application was made available to the User (which happens after payment of the annual subscription fee).

1.5.

Paid Features are certain advanced features in the Application for which the User pays a fee in the form of credits. Paid Features and their price (expressed as a number of credits) are indicated directly in the Application. Paid Features are not intended for consumers.

1.6.

Provider is the company SAFE TREES, s.r.o., ID No.: 26935287, with its registered office at Kyselkova 285/4, 612 00 Brno, registered in the Commercial Register kept by the Regional Court in Brno under file number C 46404, which developed and operates the Application.

e-mail: info@safetrees.cz

phone: +420 546 412 793

contact for reporting technical problems: podpora@safetrees.cz

1.7.

User is a person who has downloaded the Application, created a user account in the Application or uses the Application.

1.8.

Terms are these terms and conditions of use of the Application, which form an integral part of the Contract.

1.9.

Store Operator is Google LLC, which operates the Google Play online distribution service, and Apple Inc, which operates the AppStore online distribution service.

1.10.

Contract is a contract for the use of the Application, which the User concludes with the Provider. The Contract is concluded at the moment when the User downloads the Mobile Application, starts using the Application or clicks on the relevant checkbox to express consent to the Terms, whichever comes first. By entering the Contract, the User confirms that he/she has read the Terms and agrees to them.

2. WHO CAN USE THE APPLICATION

2.1.

The web application CheckTrees can be used by entrepreneurs and consumers.

The Application is intended only for persons with full legal capacity (i. e. those who can perform all legal actions independently and without restrictions). By using the Applications, the User confirms that he/she is fully capable of exercising his/her legal capacity.

2.2.

On the other hand, the Mobile Applications and the TreeCheck PRO web application are intended only for entrepreneurs (i. e. persons who engage in continuous gainful activity to obtain profit on the basis of a trade license or other authorization, or persons who shall be considered as entrepreneurs pursuant to Section 420 et seq. of the Civil Code). By using the Applications which are intended only for entrepreneurs, the User declares that he/she is an entrepreneur.

2.3.

The Provider is entitled to prohibit and block the User from further use of the Application, if:

a) the Provider has previously banned the User from using the Application or blocked the User's account; or

b) the User is prohibited from use of the Aplication by applicable law.

2.4.

For the Application to work without problems, it must be used on a device that meets the minimum system requirements listed here: https://www.safetrees.cz/oborovy-software/. The Provider is entitled to change these requirements at any time. In addition, the User must have an internet connection when using the Application. The User expressly agrees the Provider will not issue any updates or upgrades within the meaning of section 2389d of the Civil Code.

3. USER ACCOUNT

3.1.
If the User meets the aforesaid conditions, he/she can create a user account in the Application. Its creation is necessary for using the Application.
3.2.

User account is created by submitting a registration form in the Application, in which the User enters the required data. By creating a user account in the Application, the User agrees to these Terms and the privacy policy (see Article 7).

a) Non-paid version of the Application will be made available to the User immediately after the creation of the user account,

b) Paid version of the Application will be made available to the User within 10 working days after the payment of the annual subscription fee according to Article 6.3, for the duration of the Subscription Period. After the expiration of the Subscription Period, the Paid Version of the Application will be made unavailable to the User. However, the Subscription Period may be extended for a further one year by paying the price for the extension of the Subscription Period as set out in Article 6.3.

c) Paid Features of the Application will be made available to the User upon payment of their price in credits in accordance with Article 6.4.

3.3.

When creating a user account, the User must provide all required information correctly and truthfully. In case of a change, the User is obliged to update the data without undue delay.

3.4.

User is obliged to keep the access data to the user account confidential and to protect it from disclosure, publication and/or misuse by third parties. If the User suspects that the access data to the user account have been stolen or misused, the User shall immediately change the access data or request the Provider to change them. The User shall be liable for the breach of the Contract by any person to whom he/she has made the Application or his/her user account available as if he/she had breached the Contract himself/herself. On the contrary, the Provider shall not be liable for any damage that may arise from the fact that a person other than the User has access to the User's login data.

4. RULES FOR USING THE APPLICATION

4.1.

User is obliged to comply with the following rules when using the Application: the User

a) shall not to violate or disrupt the security measures of the Application or otherwise attack the Application, in particular, shall not insert malware (computer viruses, trojan horses, ransomware etc.) or other harmful content or code into the Application, damage, block, disrupt or overload the Application (e. g. by scripting) or modify, block or bypass any process built into the Application,

b) shall not extract or use any parts of the Application (including the databases contained therein) or information obtained therefrom for the purpose of inserting such data in another materials, for example in another database ("screen scraping") or otherwise and for any other purpose to carry out automated processing of the data contained in the Application, in particular for further machine or automated processing,

c) shall not circumvent the obligation to pay the price for using the Paid Version of the Application and Paid Features,

d) shall not use the Application to post, publish or share content that violates the Terms or other rules that apply to the use of the Application, in particular if it would be illegal, misleading, discriminatory or fraudulent, infringe the rights of others, in particular, their intellectual property rights (e.g. by uploading someone else's photos or text without the author's permission), or if it could create a sense of danger (e.g. by making statements that threaten, intimidate, exclude or silence someone), disrespect the dignity of others, harass or degrade, or could be considered unsolicited, inappropriate or harassing advertising (for example, the User may not offer any products or services on the Application),

e) shall not request or obtain login or other information to other users' user accounts or attempt to log in to another user account without authorization, or attempt to breach the security of other user accounts, or disclose, share or sell any login information obtained in connection with the Contract,

f) shall not use the Application in any other than the usual way, in particular in a way that is not foreseen in the description of the Application on the Provider's website or that could harm or be competitive with the Provider,

g) shall not use the Application in any way that may be unlawful.

4.2.

If the User discovers any content in the Application which, in his/her opinion, infringes the Terms, rights or rights of third parties (including intellectual property rights), he/she is obliged to report it by sending a message to the Provider's contact e-mail address specified in the introduction to these Terms.

4.3.

If the User violates any provision of these Terms, the Provider is entitled to block or delete the user account without compensation, prohibit the use of the Application and terminate the Contract.

5. LICENSING ARRANGEMENTS

5.1.

The Application is protected by copyright and other intellectual property rights of the Provider. The Application is also based on third party works published under open-source licenses. The User will not be provided with the source code for the Application.

5.2.

The Provider grants the User a non-exclusive authorization:

a) for the normal use of the Unpaid version of the Application for the duration of the Contract (from the moment of its conclusion)

b) for normal use of the Paid version of the Application for the duration of the Subscription Period,

c) for one-time regular use of a Paid Feature of the Application upon payment of the appropriate number of credits.

Normal use means the use of the features made available to the User under his/her user account type or on the basis of purchase of Paid Features, in accordance with the description of the Application on the relevant websites listed in the definitions in Article 1.1.

5.3.

The usage is not territorially restricted, except for functions that are specifically restricted to a particular area. For a list of territorial restrictions, see: https://www.safetrees.cz/oborovy-software/index-en.html.

5.4.

The User is not entitled to attempt to obtain or discover source or machine codes for the Application, to decompile, reverse engineer, modify or change the Application, create derivative works based on the Application, etc. For the web application CheckTrees, the Provider may make available to the User, upon request, a non-public API by means of which the User may integrate the Application with external software. The User is not entitled to disclose or communicate the API to third parties.

5.5.

The User may not assign (transfer) his/her right to use the Application or grant the right to use it to another person. Users who are the primary users of a partner or arborist account within the web application CheckTrees may send another person an invitation with a link to register a user account. Such invited Users can then use credits from the partner or arborist account of the User who invited them and see all data of the inviting User in the Application.

5.6.

The User grants the Provider non-exclusive permission to use any data and content that the User enters into the Application in any way. The authorization is granted for an unlimited period and is not limited in terms of territory or quantity. The Provider is entitled to modify, alter or process the data and content in any way. The Provider is authorized to grant or assign its authorization to use the data and content to third parties in whole or in part.

6. PRICE FOR SOME VERSIONS AND FOR USING SOME FEATURES OF THE APPLICATION

6.1.

Creating a user account in the Application and downloading the Mobile Application are free of charge.

6.2.

The usage of the Non-Paid version of the Application is free of charge, but for the usage of the Paid version of the Application the User is obliged to pay an annual subscription fee - the current amount of the annual subscription fee is stated here: https://www.safetrees.cz/oborovy-software/index-en.html. The Provider may change the annual subscription fee at any time.

6.3.

The User who is interested in accessing the Paid version of the Application shall send a binding (irrevocable) order to the Provider using the order form in the Application. The data necessary to submit the order are marked in the order form. If the Provider accepts the order, the Provider will issue an invoice to the User for payment of the annual subscription fee. In case the User is interested in extending the Subscription Period, the User may place an order to extend the Subscription Period (there is no automatic renewal). If the Provider accepts the order, the Provider will issue an invoice to the User for payment of the price for the extension of the Subscription Period. The Provider recommends the User place an order for the extension of the Subscription Period at least 1 month before its expiration, in case of later orders the Provider does not guarantee their timely processing and thus the Subscription Period may be terminated and the Paid version of the Application may be unavailable.

6.4.

Furthermore, there is a fee for using Paid Features in the Application (e.g. uploading large amounts of data to the Application, data exports, etc.). The price for the use of a particular Paid Feature is always indicated directly in the Application and is paid for by means of credits that are uniformly usable for payments in all Applications. The price of Credits is specified in the price list available from https://www.safetrees.cz/oborovy-software/index-en.html, the Provider may set in the price list the condition of purchasing a minimum amount of credits or choosing from preset credit packages. Credits can be ordered by the User by sending a binding (irrevocable) order using the order form in the Application. If the Provider accepts the order, it will issue an invoice to the User. Upon receipt of the full price, the Provider will transfer to the User the purchased amount of credits, which the User can then use in the Application to pay for the Paid Feature. The validity of the purchased credits is 5 years from the date of their crediting, after the expiry of this period the credits shall be forfeited without refund.

6.5.

All prices and charges are exclusive of VAT, unless specifically stated otherwise for a particular amount. The Provider shall charge VAT at the rate specified by law and the User shall pay it together with the invoiced amount.

6.6.

The Provider issues invoices electronically and sends them to the User's e-mail address specified in the registration form. All invoiced amounts are paid in currency specified in the invoice by transfer to the account indicated on the invoice, the invoice is due within 14 days. The User is obliged to use all variable symbols and other payment identifiers indicated on the invoice.

6.7.

The Provider may, at its option, credit the User with a certain amount of free credits.

7. PROTECTION OF PERSONAL DATA

7.1.

When using the Application, the User's personal data will be processed. All information about this processing is set out in the privacy policy available at https://www.safetrees.cz/gdpr.html.

8. LEGAL LIABILITY

8.1.

If any defect occurs during the use of the Application, the User is obliged to report it by e-mail sent to the relevant address specified at the beginning of the Terms. However, the Application is provided as is, with no guarantee of suitability for any particular purpose. The User expressly waives the rights of defective performance.

8.2.

The Provider shall not be liable for the proper functioning of the Application and the accuracy or correctness of the data disclosed or generated in the Application, in particular, the Provider shall not be liable for any (temporary and/or partial) failure, malfunction, defect, errors in data storage or processing, inactivity, interruption or unavailability of the Application. The Provider does not guarantee the availability of the Application, the response time, or the time to resolve any defect that occurs during the use of the Application.

8.3.

The User agrees to fully indemnify, compensate and protect the Provider against any and all damages, losses, liabilities, costs, claims of any kind, interest, penalties, administrative fees, fines, attorney's fees, and expenses (including attorney's fees and expenses) in connection with any claims arising out of a breach of the Contract by the User (or any third party, who has obtained access to the Application from the User), infringement of a third party's intellectual property rights, and/or other third party claims that are caused in whole or in part by the User or said third party. The User undertakes to prevent any of the aforementioned claims from being brought against the Provider. The User undertakes, at the Provider's request, to conduct out-of-court negotiations with the third party at his/her own expense and to defend the Provider in any court, arbitration, or other proceedings against the aforementioned claims. The User may not agree to any settlement of the above claims without first obtaining the Provider's written consent.

8.4.

To the maximum extent permitted by law, the Provider excludes liability for any damages, including lost profits, even if the User has previously warned the Provider of the possibility of such damages or losses. The User expressly waives the right to compensation for damages in advance. In particular, the Provider shall not be liable for any loss, damage or disclosure of data stored in the Application to a third party. Should the Provider nevertheless be liable to the User for any damages, the maximum amount of compensation in aggregate for all claims made is limited to 20 EUR.

9. CONSUMER ARRANGEMENTS

9.1.

Communication will be conducted in English through the contact details listed in the introduction to the Terms. The Contract can be concluded in English. It is concluded remotely via the Application, with the costs of using remote means of communication being borne by the User.

9.2.

Before concluding the Contract, the User may make corrections, changes or additions to the information entered when creating a user account. The Contract is not archived, but we will confirm its conclusion by e-mail. However, the User can access the Terms at https://www.safetrees.cz/podminky-pouzivani/.

9.3.

The consumer may not order or use the Paid version of the Application or Paid Features under the Terms.

9.4.

If a consumer dispute arises between the parties under the Contract that cannot be resolved by mutual agreement, the User may submit a proposal for out-of-court resolution of such dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz. web: adr.coi.cz. It can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr.

10. ARRANGEMENTS REQUIRED BY THE STORE OPERATOR

10.1.

The Mobile Application can be downloaded through the Google Play online store operated by Google LLC and through the AppStore online store operated by Apple Inc (Store Operators, see definitions in Article 1.1.). However, these Terms apply only to the relationship between the User and the Provider, as the operator of the Application. Conversely, they do not apply to relationships with Store Operators. Only the Provider is responsible for the Mobile Application; the Store Operators are not responsible for the Mobile Application or its content. In the event of a conflict between a provision of the Terms and the terms and conditions of the Store Operators (e.g. Apple Media Services Terms and Conditions) that cannot be waived, the provisions of the Store Operators' terms and conditions will apply.

10.2.

If the User has downloaded a Mobile Application from the AppStore, the User may only use the Mobile Application on Apple-branded devices that the User owns or controls or through accounts linked by Family Sharing to the account from which the User downloaded the Mobile Application. In doing so, they must comply with the Usage Rules set forth in the Apple Media Services Terms and Conditions.

10.3.

If the parties agree to provide any support and maintenance for the Mobile Application, it shall be provided only by the Provider. The User and the Provider agree that the Store Operators are under no obligation to provide any support and maintenance services in relation to the Mobile Application. To the extent that Provider has not excluded a warranty, whether arising by operation of law or the Terms, the warranty is provided solely by the Provider. In the event of a breach of any warranty, if any, the User may contact the Provider, who may refund the fee for downloading the Mobile Application (if downloaded for a fee). However, the Store Operators shall have no obligation to settle any warranty claims or other User claims, injury, liability, damages, costs, or other expenses related to the breach of warranty, all of which shall be the sole responsibility of the Provider. Only the Provider, and not the Store Operators, shall be responsible for the settlement of User claims related to the Mobile Application and/or its use, in particular arising from liability for product defects, damage caused by defects or non-compliance with legal provisions, whether they relate to personal data, consumer rights or any other similar area, including the legal framework of HealthKit and HomeKit.

10.4.

Should a third party claim that the Mobile Application or the User's use of the Mobile Application infringes its intellectual property rights, the User and the Provider shall be solely responsible for investigating, defending, prosecuting and settling such claim. Any damages and costs incurred by Provider in such action shall be reimbursed by User upon User's request.

10.5.

User represents that it is not located in a U.S. Government embargoed country or has been identified by the U.S. Government as a "state sponsor of terrorism"; nor is it listed on any U.S. Government list of "prohibited or restricted parties".

10.6.

When using the Mobile Application, the User must comply with the applicable terms and conditions of third parties (e.g., Internet providers). Store Operators and their affiliates are third party beneficiaries of the Terms and have the right to enforce the Terms against the User.

11. DURATION AND TERMINATION OF THE CONTRACT

11.1.

The Contract is concluded for an indefinite period.

11.2.

However, if the User wishes to stop using the Application for any reason and terminate the Contract, the User may do so at any time without further notice. In such case, the subscription fees and credits already paid shall not be refunded and shall be forfeited to the Provider without refund.

11.3.

Furthermore, if the User is a consumer, he/she may withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract by sending a written withdrawal to the address of the Provider's registered office or its contact e-mail address. In doing so, the User may (but is not obliged to) use the sample withdrawal form contained below for this purpose. To meet the 14-day deadline, it is sufficient if the withdrawal is at least sent before the expiry of this deadline. The Provider shall acknowledge receipt of the written notification to the User's email address.

Example of a withdrawal form:

To whom: SAFE TREES, s.r.o., ID No.: 26935287, with registered office at Kyselkova 285/4, 612 00 Brno

I hereby give notice that I withdraw from the contract for the use of the Application from SAFE TREES s.r.o.

User's name:

E-mail address of the User:

User's signature:

Date:

11.4.

The Provider may also unilaterally terminate the Contract, in particular, because it ceases to operate the Application, or the User is inactive for a long period of time. In such case, the Provider shall refund the User the price paid for unused credits and for the pro rata part of the Subscription Period remaining until its expiry.

11.5.

The Provider is also entitled to terminate the Contract with immediate effect due to a material breach by the User. The material breach is, in particular, a breach of any provision of Article 4.1, 5 or non-payment of any amount billed by the Provider for more than 15 days after the amount is due. In such case, subscriptions and credits already paid shall not be refunded and shall be forfeited to the Provider without compensation.

11.6.

Termination of the Contract for any reason shall not affect the rights and obligations which by their nature are intended to persist after termination, in particular, the limitation of the Provider's liability and the obligation to indemnify the Provider. In any case, if the Contract is terminated after downloading the Mobile Application, the User must delete the Mobile Application from his/her device. Upon termination of the Contract, the Provider may cancel the User's user account. Should the User request the deletion of the user account, he/she may contact the Provider via the email address indicated at the beginning of the Terms.

11.7.

Instead of terminating the Contract, the Provider may, at its sole discretion, first suspend or permanently block the User's access to the Application or user account, or even remove the user account altogether (removal of the account terminates the Contract).

12. FINAL PROVISIONS

12.1.

The invalidity, ineffectiveness, illegality, or unenforceability of any part of the Terms or the Contract shall not affect the remaining parts thereof. The parties agree to replace any invalid, ineffective, apparent, or unenforceable portion with a valid, effective, non-apparent, and enforceable portion of equal commercial and legal significance within 14 days of receipt of a request from the other party.

12.2.

The Contract, including these Terms, and all rights and obligations of the parties arising out of or in connection with the Contract or its termination shall be governed by the laws of the Czech Republic. Any dispute arising out of, in connection with, or in connection with the Contract or its termination shall be subject to the jurisdiction of the courts of the Czech Republic having subject matter and territorial jurisdiction.

12.3.

The Provider may unilaterally change the Terms and other annexes that are part of the Contract. Furthermore, the Provider reserves the right (unless the change is caused by changes in the legislative or third-party change) to change the rules of use of the Application, the provisions on communication, legal liability, and other provisions of the Terms. The Provider shall notify the User of any change by sending an e-mail or via the Application. If the User does not reject the change within 1 (one) month from the date of sending the notification, the User accepts the change. If the User rejects the change within the aforementioned period, the existing terms and conditions shall remain in force and the Provider may terminate the Contract with a notice period ending on the last day of the aforementioned period, during which the last agreed Terms shall apply.

12.4.

Force Majeure shall be deemed to be any unforeseeable circumstances beyond our reasonable control, including but not limited to natural disasters, embargoes, strikes (including planned strikes), war, epidemics (including the covid-19 epidemic) and cyber-attacks (e. g. DDoS). In the event of a Force Majeure event that prevents us from performing our obligations under the Contract, the Provider shall notify us without undue delay, specifying the period during which it cannot perform its obligations. If the failure to perform an obligation is due to force majeure, this shall not constitute a material breach of the Contract. Events of force majeure shall not affect the payment obligations of the parties.

12.5.

The failure of either party to exercise its rights under any part of the Terms shall not be deemed a waiver of such rights or established practice. The User shall not assign any of its rights or obligations under the Contract to any other person without the prior written consent of the Provider.