Terms & Policies

Applicable from: 1. Nov 2023

Content:

I.     Introduction
II.    Basic conditions for using the Services
III.   User registration and login
IV.   Blocking of User account, cancellation of registration (deletion of User account)
V.    Rights and obligations of Users
VI.   Rights and obligations of the Operator
VII.  Special provisions regarding paid Services
VIII. Special provisions regarding the provision of Services by 3rd parties
IX.   Liability for damages
X.    Complaints procedure and liability for defects
XI.   Online dispute resolution
XII.  Final provisions

I. Introduction

These are the General Terms and Conditions for servers operated by XiDs s.r.o. (hereinafter referred to as "Terms"), which govern the rights and obligations of the Operator and Users of the Servers in providing and using Services on the Servers. The Operator and provider of Services on the Servers is XiDs s.r.o., with registered office at Bystrické sady 9009/68, 841 06 Bratislava, Corporate ID: 55 573 690, registered in the Commercial Register of the City Court: Bratislava III, Section: Sa, Entry No.: 171125/B, Tax ID: 2122037093 (hereinafter referred to as "Operator"), unless the Terms provide otherwise. Email address: peter.kornalsky@gmail.com; contact tel.: +421 948 144 433. Servers include all public web sites available through domains owned by the Operator or a third party based on a special relationship with the Operator under Article IX of the Terms (hereinafter referred to as "Third Party") and through which the Operator or Third Party provides services to users (hereinafter referred to as "Server" or "Servers"). The services provided by the Operator or Third Party on individual Servers mainly include searching, processing, collecting, storing and transmitting data, and are provided to individual users for a fee, both for commercial and non-commercial purposes, unless otherwise stated in these Terms or in the specific terms and conditions of each Server (hereinafter referred to as "Service" or "Services"). Users of servers include any natural or legal person who enters any Server operated by the Operator and uses the Services provided by the Operator or
Third Party on the Server (hereinafter referred to as "User" or "Users"); use of the Services is subject to registration and payment of a fee for the use of the Services. Users of Servers who are natural persons must be over 18 years of age. The Operator does not knowingly provide Services to individuals under the age of 18. The relevant supervisory authority for the control of the provision of services regulated by these Terms and related Services is the Central Inspectorate of SOI, P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava (hereinafter referred to as "SOI"), unless the Terms or specific terms of use for services of individual servers (hereinafter referred to as "Special Terms") specify otherwise.

II. Basic conditions for using the Services

By using the services provided by the Operator, the User agrees to these Terms and Conditions as well as to the Special Conditions, if the User uses the services of special servers. Users who do not agree with these Terms and Conditions or Special Conditions may not use the services provided by the Operator to which these Terms and Conditions or Special Conditions apply. The services of the Operator are used by Users at their own risk. The Operator informs the User that, in accordance with Section 62(3) of Act No. 351/2011 Coll. on Electronic Communications, as amended by later legislation (hereinafter referred to as the "Electronic Communications
Act"), it has the right to contact the User by phone, email, and SMS messages at the contact addresses provided by the User upon registration on the Operator's servers for the purpose of direct marketing of its own similar goods
and services. The call, email, or SMS message under the preceding sentence may be informational or promotional in nature and will be initiated by the Operator. The Operator will process personal data for the duration of the contractual relationship. The User may object to such calls, emails, or SMS messages at any time by notifying the Operator by sending an email to peter.kornalsky@gmail.com (or to another contact if specified by these Terms and Conditions or Special Conditions). The Operator reserves the right to link servers that it owns or has other rights to.

III. User registration and login

The use of Server Services is conditional on registration in the Server Operator's system, unless these Terms or Special Terms provide otherwise. The information that the User provides on the Servers in the registration form must be accurate. The registered User is obliged to correct any registration information without delay in the User's profile in case of any changes. The contact details can be updated by the User at any time. The Operator will create a user account for each registered User on the domain www.xids-cloud.com (hereinafter referred to as "User Account"). The User logs into their User Account using their username and password. The username serves as a unique identifier for each User, under which the User logs into the Server. Regardless of the method of registration chosen by the User, the Operator is authorized to request the User's telephone number or email address (also known as the "Verification Element") for the purpose of protecting the Service and verifying the User. The User may begin using the User Account and Services immediately after filling out the contact information, unless the Special Terms provide otherwise. The User is responsible for securely storing their password and for all activities carried out through their User Account. The User undertakes to contact the Operator immediately upon discovering any unauthorized use of their User Account and their data. Data that is linked to the User Account (including the access password) can only be changed in the profile of that User Account.

IV. Blocking of User account, cancellation of registration (deletion of User account)

The user acknowledges that the Operator may cancel or prevent access to the user's user account at any time in accordance with these Terms and Conditions or the Special Conditions, even without prior notice. The Operator may do so, in particular, on the basis of:

• The user's violation of the laws and regulations of the Slovak Republic and the European Union;
• The user's violation of these Terms and Conditions or Special Conditions;
• The user's own request as stated directly in the user's profile;
• Damage to the Operator or another user;
• The Operator has the right to cancel registration at any time without giving a reason. The relevant provisions of Article VIII of the Terms and Conditions shall apply to the cancellation of paid services registration;
• Failure to provide truthful information about the user during registration;
• After cancellation of the user account, the Operator retains the information entered by the user on the Server for the time required to delete the information from the Server, resulting from the technical setting of the data deletion process after account cancellation (mainly IP addresses, MAC addresses of devices, and user access times - user logs);

The Operator reserves the right to refuse or limit the user's access to the Servers at any time, mainly due to damage to the Provider, another user, or a violation of the Terms and Conditions. If the user requests the deletion of their user account in their user profile, their user account will be deleted no later than 30 calendar days after the request for deletion/cancellation is submitted, unless prevented by legal, technical, preventive, or other restrictions. During the deletion period (i.e., 30 calendar days from the date of the request for deletion/cancellation of the user account), the user is entitled to cancel their request for deletion/cancellation of their account, as indicated directly in their account.
The Operator is entitled to block the user's user account if the user violates these Terms and Conditions or Special Conditions, or if the user does not meet the registration conditions (e.g., if the verification element required for the user account is not provided). In the event of account blocking, the user will be allowed to access their user account for the purpose of submitting a request for automatic export of data from the user account or a request for deletion of the user account. If the user account is blocked, after 90 calendar days from the date of blocking the user account, such a user account is permanently deleted, and the Operator is not obliged to keep any backup copies of the user's data or any other information.

V. Rights and obligations of Users

The user acknowledges that when using the Services, they must not act in violation of the generally binding legal regulations of the Slovak Republic, or the generally binding legal regulations of the state in which they are located. The user assumes responsibility for using their User account and the Services voluntarily and agrees not to use the Services for purposes that are in conflict with the generally binding legal regulations of the Slovak Republic. The user will not attempt to log in to the Server as another user or otherwise harm other users or individuals. The user may not in any way harm the Operator and its reputation. The user undertakes not to do anything to remove or prevent the display of advertising on the Servers.

The user acknowledges that:
• they may be shown advertising on the Servers,
• they may receive advertising e-mails in accordance with Article II, paragraph 4 of these Rules, or other content.

The user has the right to terminate the use of the services of the Operator or a third party at any time, provided they give notice of this fact (in writing or via e-mail). The user acknowledges that the Operator is entitled to communicate messages of a verifying, security, or warning nature to the user, especially for the protection of the rights of the user or other users.

VI. Rights and obligations of the Operator

Operator has no obligations towards Users or third parties in relation to the Services provided on the Servers, except for the obligations specified in the relevant legal regulations, Terms and Conditions, or Special Terms and Conditions. Operator is entitled to limit or prevent Users' access to the Server if the User's behavior on the Server and/or use of the Server is considered controversial or in violation of the Terms and Conditions or Special Terms and Conditions. Operator does not provide Users with a guarantee of uninterrupted functionality, error-free operation, or server security. Operator is not responsible for any damages that may be caused to the User in connection with the use of the Services. Operator has the right to cancel the User's registration at any time, even without stating a reason. Operator has the right to suspend the provision of Services on the Servers for a certain, indefinite, or permanent period of time. Operator has the right to shut down Servers at any time, even without prior notice. Upon termination of the provision of Services by the Operator and the use of Services by the User, the Operator and the User have statutory rights arising therefrom.

VII. Special provisions regarding paid Services

In paid services provided by the Operator, the provisions of these Terms shall apply to the contractual relationship between the Operator and the User. In paid services, the User will also be informed through additional special rules about using the services, activation, payment method, and responsibility for any defects that may occur in the service. The complaint procedure of the relevant paid service regulates the process for enforcing the right to liability for defects in the provided paid service.
In the event that the User of paid services violates these Terms, the Operator will alert the User to such violation. If the User violates these Terms again despite the Operator's warning, the Operator is entitled to block the User's account. If the User's account is blocked, it will be automatically deleted after 90 calendar days from the date of the account's blockage.
During the period of automatic deletion of the User's account after its blockage (i.e., within 90 calendar days from the date of the User's account blockage), the User is entitled to request the Operator to unblock the User's account.
The Operator reserves the right to unblock the User's account during the period of automatic deletion. It is solely at the Operator's discretion whether to unblock a blocked User's account. If the User's account is blocked, the User will be allowed to access their User account for the purpose of submitting a request for automatic data export from the User's account or a request to delete the User's account.
Given the nature of the services provided, the Operator and the Provider, who is considered a consumer under the relevant legal regulations, hereby agree in accordance with § 48 (2) of the Civil Code that by terminating the contract under this point, the contract shall be deemed terminated on the day of delivery of the termination notice (i.e., on the day of blocking the User's account).
Termination of the contract due to a material breach of the conditions shall be communicated by the Operator to the User via email to the email address provided by the User during registration. Termination of the contract due to a material breach of the conditions shall be deemed delivered on the second day after sending the email containing the termination of the contract due to a material breach of the conditions.
For paid Services, their provision (activation) may also be provided in conjunction with another entity - the recipient. These are activations of paid services provided by and payment method facilitated by Stripe, 354 Oyster Point Blvd, South San Francisco, CA 94080. Given the nature of the Services provided, the User agrees to receive electronic invoices for paid Services at the User's email address.

VIII. Special provisions regarding the provision of Services by 3rd parties

The user acknowledges that third parties, to whom the Operator grants permission or who have a separate agreement or relationship with the Operator and who provide unpaid or paid services to their users on the Servers, may also provide registration through the User Account secured by the Operator. If the user registers to use a third-party service, except for the provisions on registration, these Terms and Conditions also apply to the relationship between the user and the third party. In such a case, the third party acts as an operator and service provider and must fulfill all obligations required by legal regulations towards users as well as business partners. If the user uses third-party services, they also enter into a relationship with the third party based on the acceptance of the relevant third-party Special Conditions.

IX. Liability for damages

The user acknowledges that they use the Server Services exclusively at their own risk. The Operator is not responsible for the activities of users or the way in which they use the Services. The Operator assumes no responsibility for any misuse of the Services by the user or third parties. The Operator shall not be liable for any damages arising directly, indirectly, or accidentally from or in connection with the use of the Services by the user or third parties. The Operator shall not be liable for any damages caused to the user or third parties as a result of the inability to use the Services or directly or indirectly related to this fact. The Operator does not guarantee uninterrupted functionality, flawless operation, or security of the Server, and also has the right to shut down the Server without any notice or reason. The Operator is not responsible for any damages that may be caused to the user in connection with the use of the Services on the Server, as well as those caused by malfunctioning, errors, or the activities of other users or for other reasons.

X. Complaints procedure and liability for defects

The Operator is responsible for ensuring that the paid Server services are provided properly and on time. In the event of defects in the provided paid services, the Operator is obliged to promptly rectify them.
Information on the procedures for lodging and handling complaints, grievances, and requests from Users are specified in the Complaint Procedure. In case of interest in filing a complaint, the User is entitled to contact the Operator in writing at the email address peter.kornalsky@gmail.com (or any other contact specified in these Terms or Special Terms).
The complaint must include a specific description of the issue being contested. The Operator is obliged to verify every complaint and take steps towards its resolution if it is deemed legitimate.
If a User, who is a consumer, is not satisfied with the way the Operator handled their complaint, or if they believe that their rights have been violated, they have the option to request redress from the Operator. If the Operator responds negatively to the request for redress or fails to respond within 30 days of the date of sending, the User has the right to turn to a subject of alternative dispute resolution according to the Act no. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments to Certain Laws as amended. During the alternative dispute resolution process, the User-consumer cooperates with the subject of alternative dispute resolution for the purpose of achieving a swift resolution. A proposal to initiate alternative dispute resolution may be submitted in the manner specified in § 12 of the Act on Alternative Dispute Resolution. A User who is a consumer may also initiate proceedings as specified in Article XII. The subject of alternative dispute resolution is the "Slovak Trade Inspection, P. O. BOX 29 Bajkalská 21/A, 827 99 Bratislava", or any other authorized legal entity listed in the list of alternative dispute resolution subjects maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website http://www.mhsr.sk). A User who is a consumer is entitled to choose the subject of alternative dispute resolution to which they will turn. In the event of a cross-border dispute, the User-consumer has the right to turn to the European Consumer Center, which will provide them with the address for delivery, email address, or phone contact of the subject of alternative dispute resolution responsible for resolving their dispute.

XI. Online dispute resolution

According to Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the User who is a consumer has the right to assert their rights and claims arising from a contractual relationship (purchase agreement or online service agreement) with the Operator within the framework of alternative online dispute resolution. Online dispute resolution (hereinafter referred to as "ODR") is provided by a platform operated by the European Commission. A User who is a consumer is entitled to use the ODR platform to resolve disputes in the language of their choice. The ODR platform is accessible online at the website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. The User may contact the Operator at the email address: peter.kornalsky@gmail.com

XII. Final provisions

These Terms and Conditions become valid and effective on the date of their publication. The relevant provisions of the Civil Code apply to questions not regulated by these Terms and Conditions or Special Conditions; if the User is not a consumer, the relevant provisions of the Commercial Code apply to questions not regulated by the Terms and Conditions or Special Conditions.
The Operator has the right to change, innovate, and otherwise modify the Services without prior notice or consent of Users, provided that such a change does not violate the rights of paying Service Users. The Operator reserves the right to change these Terms and Conditions if such changes are required by changes in Services, factual circumstances, legal regulations, technical possibilities of the Operator, or other circumstances arising from the needs of the Operator. In the event of a change in the Terms and Conditions, the User will be informed about the current wording of the Terms and Conditions together with a link to the full wording of the Terms and Conditions. The User is also entitled to familiarize themselves with the current wording of these Terms and Conditions on any Operator's server. If the User disagrees with the changes to the Terms and Conditions, they are entitled to cancel their registration, or in the case of an unregistered User, stop using the Operator's Services. If the User continues to use the Services, it is considered that they agree to the changes to the Terms and Conditions.
When using the Services, the User is obliged to comply with the legal norms of the country in which they are located, as well as the legal norms of the Slovak Republic. In the event of a breach of legal norms or obligations stated in these Terms and Conditions or Special Conditions, the Operator may provide all available information about Users (including the User's personal data) to authorized authorities in accordance with the law.
The Terms and Conditions apply concurrently with the Special Conditions for Servers operated by XiDs s.r.o. The User also undertakes to comply with the Special Conditions if they use a Service to which the Special Conditions apply.