TERMS OF USE

 

Effective as of May 25, 2018

 

These Terms of Use ("Terms") are the basic rights and obligations that you and us have between us when you use our Service, which actually constitute a binding agreement between you and Technologies Improving the World AG with its registered office at: Zugerstrasse 1, 6330 Cham, Switzerland (hereinafter referred to as "TIW", "we", "us" or "our"). We offer you the access to and use of this Website, mobile applications (apps)s, products, services, programs, software and other services and tools developed by us that are offered or may be offered in the future on this Website and / or mobile app (hereinafter jointly referred to as "Service", "Services" or "DROTR").

 

The Terms shall mean these Terms of Use and the Privacy Policy, which are published on the Website and constitute an integral part of these Terms.

 

By accessing, downloading, viewing or performing any other use of the Service, you unconditionally agree to be bound by terms and conditions of these Terms in pursuance of its observance. If you do not agree or accept all or any of these terms and conditions of these Terms, please do not use this Service.

 

Services we provide are as follows: DROTR, Droid Translator, DROTR MeetUp, DROTR SMS. In order to use our Services, you need compatible hardware, software (latest version is recommended and in some cases required) and Internet access (fee may be charged by your provider). The quality of Service provided depends on these factors.

 

This Service and its content and functions are owned, managed and rendered by TIW and are provided solely for your personal, non-commercial use and in accordance with the terms and conditions set forth hereunder.

 

  1. Definitions

 

Unless otherwise expressly specified in the Terms, the following terms shall have the following meaning:

    1. "Service", "DROTR " – Website, mobile app, services, programs, services and tools developed by TIW, offered by TIW or may be offered in the future for access or use on this Website and / or mobile app;
    2. "Website" – a set of software, information and media assets, combined together, designed as separate Web pages and available at the Internet domain name www.drotr.com, development and administration of which is performed by TIW;
    3. "Mobile application", "Application" – Mobile apps, programs, software that contain a reference to these Terms and which have been developed by TIW being responsible for their administration, including but not limited to Droid Translator, DROTR MeetUp, DROTR SMS;
    4. "You" or "User" – an individual who has either reached the age of "majority" or "legal responsibility" where you live or have valid parent or legal guardian consent to be bound by these Terms as herein provided.

 

  1. General Provisions

 

    1. This service is offered FREE of charge and is provided to you by TIW.
    2. DROTR enables exchange of messages, Internet phone calls and face-to-face communication, providing automatic translation of a talk in real time from one language to another, if such language is supported by the Service, over the Internet, within mobile app, and provides other features specified in the Service.
    3. NO ACCESS TO EMERGENCY SERVICES: DROTR is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
    4. You understand that, just like a regular mobile phone service, anyone with knowledge of your phone number may call you or send you messages through our Services and anyone you send a message to can use the content of your message as they desire.
    5. These Terms apply to both authorized Users and Users who have not passed the authorization procedure.
    6. By visiting, browsing, downloading or using DROTR in any other way, you confirm that you have read, understood and agreed to these Terms of Use, Privacy Policy and other documents placed on this Website and/or in the app and you accept all terms and conditions of these documents, without any exceptions and / or limitations and you will take all legal rights and responsibilities for the above documents (regardless of whether you use DROTR on your own behalf or on behalf of a third party).
    7. These Terms shall include this DROTR Terms of Use, Privacy Policy, and other documents placed on this Website and / or in the app that may be amended or changed from time to time. Amendments or changes shall enter into force from the date of publication on the Website. You should visit on a regular basis this Website to be informed of such amendments and changes.
    8. You shall abstain from any use of DROTR, authorization in DROTR, and you should leave DROTR if:
  1. you have not reached the age of "majority" or "legal responsibility" according to the law where you live or have not valid parent or legal guardian consent to be bound by these Terms;
  2. you have no right to use the Service under the laws of the country in which you live;
  3. you do not agree with the Term or any other documents placed on this Website and / or in the app that may be amended or changed from time to time.

 

  1. Terms of the use of the Service

 

    1. Prior to first use of DROTR, you may be offered to create an account and specify login (User’s Service ID) and password, or undergo authorization procedure by synchronizing User’s account in social network, e-mail (hereinafter referred to as “authorization”). During authorization, you agree to entitle TIW to use your login, access to contacts and account settings.
    2. You are fully responsible for all actions taken under your account, including maintaining in confidence passwords and other personal data. You confirm that you will neither transfer your password to third parties, nor give access to your account and will not take any other actions that may pose a threat to the security of your account.
    3. By using our Services you also agree that TIW shall not bear liability for damages or losses caused to you as a result of using your account by third parties, regardless of whether you have given permission to do so or not. Furthermore, you shall be responsible for any damages and/or losses caused to TIW or any third party in connection with the use of your account by another person.
    4. You shall be responsible for any information and/or content created, submitted, published, posted or transmitted in any other way by you to the Website and/or in the Application as well as for any actions taken by you in relation to the Service.
    5. In the event of lodging claims by third parties regarding infringement of their intellectual property rights by you, the burden of proving its legitimacy shall be laid upon you.
    6. You acknowledge that the information and content on the Service may be placed by other users, third parties and may be inaccurate, false, offensive, misleading and may contravene the law; and TIW neither be liable for checking and approving the information and content posted by users or any third parties, nor for any loss or damage associated with it.
    7. In order to ensure compliance with the conditions set forth herein we reserve the right to verify the information and content posted by you on DROTR, we may, at our own discretion and at any time without any explanation to you, block, delete or in any other way cease placing by you any information or content on DROTR. Such measures taken by TIW shall not be construed as recognition by TIW of its liability for breach of any legal rights and interests of third parties or waiver of any of its rights.
    8. In order to support proper work of some Applications of the Service, you agree to provide us with regular access to phone numbers of DROTR users and other people whose phone numbers are stored in your mobile phone. In addition, you confirm that you have full authority to provide us with these numbers.

 

  1. Responsibility for Your Use

 

    1. Legal Capacity; Children and Minors. If you are under the age of consent in your country to form a binding agreement, you should only use our Service if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Service. You should use our Service only if you are fully able to understand and enter into and comply with these Terms. Our Services are not intended for children under 16: if you are under 16, please wait until you turn 16 to use them.
    2. For use of our Service you should control and make timely payments for mobile, Internet and other communication services provided by suppliers of such services (hereinafter referred to as “Communication services”), as well as to maintain technical operability and serviceability of your computer (mobile) devices and anti-virus software. All and any tariffs and prices for Communication services are established by providers of such Communication services. We will not perform control over or make any payments for any Communication services.
    3. In addition to the other terms and conditions set forth in these Terms, you shall also:
  1. provide true, accurate and complete information about yourself, your mobile phone number when authorizing and update it in a timely fashion;
  2. use the Service in pursuance of the Terms and applicable laws of the country where you live. It is your responsibility for the right to use the Service in the country where you live;
  3. not to use the Service individually or through a third party for purposes which may be qualified as a violation of intellectual property rights, unfair competition and other violation of the law;
  4. not to be involved in illegal or criminal activities, including but not limited to, use of fake identity, deliberate placement on the Website or Application the information, content aimed at discrediting or humiliating honour and dignity of third parties; mislead; violate the intellectual property rights of third parties; violate the rights of privacy of third parties; place pornography, calls for violence, aggression, war, and any other information being restricted or prohibited;
  5. not to violate copyrights, trademarks for goods and services, patents, databases, and/or other intellectual property rights owned or used by TIW or third parties;
  6. not to use personal data, private information of third parties without their prior consent;
  7. not to place on the Website/Application advertisements, promotional materials, commercial and service offers or requests to transfer money, except cases where we have previously gave our written consent for such placement;
  8. not to perform actions that may affect proper operation of DROTR or are interpreted as unfair use;
  9. not to spread viruses, Trojans and other malicious programs;
  10. not to create, send, respond to mass messages, calls, unsolicited commercial communications (UCC), spams;
  11. not to threaten, intimidate or harass other users;
  12. not to illegally collect and process personal data of other persons;
  13. individually and at your own expense settle all claims of third parties related to your activities in connection to the use of DROTR (specifically, in publicizing information that is untrue, aimed at discrediting or humiliating honour and dignity of person, etc.).

 

  1. Availability and Termination of the Service

 

    1. We reserve the right at any time and for any reason to modify or discontinue, temporarily or permanently, the work of all or any part of the Service and/or any software, facilities and services provided within this Service with or without notice and/or establish general principles and restrictions with regard to their use. The Service and its operation may be suspended temporarily or permanently due to circumstances beyond our control, such as natural disasters and other circumstances of insuperable force.
    2. In the event of your breach of any provisions of these Terms we reserve the right at any time at our own discretion to terminate or block your account, stop spreading by you of any information or content by blocking or removing them and with no explanations neither to you, nor to any third party. In some cases, for the purpose of identification or confirmation of your breach of these Terms, we reserve the right to access all information, content placed by you while using the Service and by accepting these Terms you acknowledge and agree that we may conduct such review.

 

  1. Third Party Services

 

    1. Website, Application may contain links to Websites, apps, any information and/or content of third parties. Placing such links shall not mean that we approve them. We are not responsible for Websites, apps, any information and/or content placed under such links, as well as for any negative consequences in this regard, and you shall waive any claim to us related to such links. By using information or content of third parties, you agree to be familiarized with the terms of use, privacy policy and other documents of third parties. You bear all risks and liability arising from your use of these links, including but not limited to, browsing, viewing, access, download and any use of the third-party information, content, third-party web sites, applications links to which may be specified while using the Service.

 

  1. Disclaimer of Warranties and Limitation of Liability

 

    1. DROTR (including the information obtained through it) is provided by us under the terms of “AS IT IS” without any warranty of any kind, including but not limited to, warranties with regard to legality of property rights, non-infringement upon intellectual property rights, absence of computer viruses. We do not guarantee compliance of DROTR (including information obtained through it, its accuracy, reliability and the content itself) to your expectations, uninterrupted and failure-free operation of the Service as well as the accuracy of information obtained through DROTR. We do not guarantee the absence of technical errors and/or failures, including proper operation of DROTR-related software. We do not also guarantee storage or further data and/or content display placed by you. We will not assume any obligation regarding storage, maintenance or provision of any information, content or other your data except those specified in the Privacy Policy.
    2. We shall neither be responsible nor reimburse for expenses, losses (direct or indirect) incurred by you due to use of DROTR as well as due to use or inability to use the information and content obtained through DROTR.
    3. In the instance where you are not satisfied with the terms and/or quality of DROTR and/or the Services, you must stop using DROTR and/or Services.
    4. You are solely responsible before third parties for your activities while using the Service, including but not limited to, writing messages, downloading images to DROTR, if you violate the rights or legitimate interests of third parties.
    5. We are not responsible for any information provided by you including incomplete, inaccurate, false, misleading as well as illegally seized information.
    6. We are not liable for any expenses, losses (direct, indirect, incidental) and lost profits due to malfunction in work of DROTR and/or Services and/or due to the use or inability to use DROTR and/or Services.
    7. You agree to hold TIW, its subsidiaries and affiliates and their founders, directors, officers, employees, partners and members harmless against any disputes and disagreements, complaints, claims (hereinafter referred to as “claims”) and undertakes to reimburse such persons any loss, damage, expense (including fees and expenses for legal and/or lawyer services) that have arisen or may arise in respect of: (i) your use of DROTR or any other our Services or products; (ii) violation by you of any provision of these Terms or Privacy Policy or the terms of the documents they refer to; (iii) our use of your personal data and/or content; (iv) violation by you of any law or rights of any third parties, including rights or interests of other service providers.

 

  1. Liability

 

    1. In the event of failure or improper use of their obligations under these Terms, both you and TIW shall bear liability under these Terms and applicable law.
    2. The Parties shall not be liable for partial or complete failure to fulfil their obligations under these Terms if it is caused by circumstances of insuperable force (“force majeure”), which the Parties could not foresee or prevent by all reasonable actions. Terms of fulfilment of obligations in these cases shall continue for the duration of such circumstances.
    3. If you fail to fulfil your obligations under these Terms, we, at our own discretion, shall have the right to take measures aimed at prevention of such violation. We are entitled to block access, fully or partially, to DROTR until you stop or eliminate such violations or possible occurrence of violations.

 

  1. Intellectual Property Rights

 

    1. DROTR, all and any of its components (including analytical, technical, graphical and other documentation, marks for goods and services, logos, slogans, leaflets and other promotional materials of TIW published in DROTR) (hereinafter referred to as “Intellectual Property”) are owned by TIW and protected by the law in the field of protection of intellectual property rights. All rights are reserved.
    2. TIW reserves exclusive right for DROTR ownership, use and disposition (all intellectual property rights) (including: style of DROTR, users’ reviews and content translated), and you shall have no right to reproduce, copy, redistribute, analyse screen data, create links to DROTR, make posts or use DROTR in any other way for commercial purposes (including any translations made by DROTR and Users’ reviews) including use of brand or logo without written consent of TIW. Any unauthorized use or any of the above actions shall be deemed material breach of TIW’s intellectual property rights (including copyright).
    3. Unless otherwise provided in these Terms and/or TIW’s written consent, you shall not to take actions violating TIW’s intellectual property rights, including but not limited to, sale, import, export, licensing, leasing, introducing changes, distribution, copying, reproduction, transmitting, public demonstration, public performance, publication, adaptation, editing or creating derivative works from materials, design elements or content of DROTR. Use of content, materials and other items being TIW’s intellectual property for any purpose not expressly specified in these Terms is prohibited.
    4. By using our Service you guarantee us that you are the owner or hold all necessary rights, licenses, written consent and approvals of third parties to use and grant us the right to use all intellectual property rights with regard to all information, content posted, uploaded or in any other way transferred within the Service or with its help under these Terms.
    5. By posting or uploading or in any other way transmitting any information, content within the Service or with its help (except for the User’s data defined by the Privacy Policy), you provides us with a nonexclusive, royalty-free, perpetual, assignable, worldwide license to use in any way known with the right to edit, change, incorporate, combine, customize, record and reproduce, distribute, publish, use in advertising, for commercial purposes, rental, tenancy, export, import, sale, dissemination or otherwise alienation of any information, content (including trademarks) and other items of intellectual property posted, published, provided, downloaded, stored, sent and received by you within the Service or with its help.
    6. By accepting these Terms, you receive from us an individual, royalty-free, nonexclusive, limited, revocable, non-transferable license to use DROTR, including but not limited to, installing the app on personal mobile phone and/or other device and use of it for personal, non-commercial purposes. Notwithstanding the above said, you are prohibited to decipher, decompile, crack, develop, examine technical process of any part of the Service or take such actions; interfere in technological protection of the Service; delegate access rights to the Service; publish, copy, transfer to the possession, use or disposal to third persons, including but not limited to, lease out, sell, export, import, distribute or otherwise alienate any part of the Service or the whole Service.
    7. Any information, content posted by third parties within the Service or with its help shall be the property of third parties. TIW does not provide to you or any other persons with any rights and licenses for intellectual property rights of such third parties.
    8. You are not entitled to any other license or rights except as expressly specified in these Terms.

 

  1. Applicable Law and Settlement of Disputes

 

    1. To the extent permitted by law, these Terms shall be governed by, construed and enforced in accordance with the laws of Switzerland (Canton of Zug), with no reference to its conflicts of law provision.
    2. All claims, litigations, disputes that may arise between you and TIW in the process of the performance of these Terms shall be resolved by the Parties through negotiations. For the purposes of disputes settlement between you and TIW an effective and binding mean of communication with the authorized representative of TIW shall be correspondence through the following e-mail: support@tiwinnovations.com.
    3. Should the parties fail to come to an agreement with respect to dispute settlement within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court pursuant to the laws of Switzerland (Canton of Zug). You agree that you may file a claim to TIW only on individual basis and not as plaintiff, legal representative or pleader etc., each your requirements can not be combined with other requirements and shall be considered on an individual basis.

 

  1. Effect, Termination and Modification of the Terms

 

    1. These Terms shall remain in effect until terminated by one of the Parties.
    2. You may terminate these Terms at any time by ceasing the use of Service. You shall be deemed to have ceased to use Service if you have not used the Service or visited Website or Application more than 90 (ninety) days in a row. TIW reserves the right to send you information or promotional letters upon termination of these Terms; unless you expressly declare that you do not want to receive mailings from TIW.
    3. TIW is entitled to terminate these Terms at any time by sending you a message.
    4. TIW shall have the right to incorporate changes or amendments to these Terms at any time without any special message by placing a revised version of the Terms on the Website. The revised version of the Terms shall enter into force from the date of its placing on the Website, unless otherwise stipulated by the revised version of the Terms.
    5. Any changes incorporated into these Terms shall remain in effect upon availability of the express consent of TIW.
    6. If you do not accept revised version of the Terms, you should stop using DROTR as well as attend, view, download or use DROTR in any other way.
    7. The absence of objections from the you expressed in the form of cessation of use of DROTR shall be deemed as the consent with the revised version of the Terms. Notwithstanding the possibility of ceasing the use of DROTR upon termination of these Terms, you shall still be liable for obligations taken by the you under these Terms or that have been applied to you before termination of these Terms.
    8. The following provisions of the Terms shall be in force upon termination of these Terms: “Intellectual Property Rights”, “Disclaimer of Warranties and Limitation of Liability”, “Liability”.

 

  1. General

 

    1. Communication. During the execution of these Terms the information may be transmitted via email.
    2. Notifications. You also agree that TIW may send notifications to you in the following manner: (i) by sending banner message (advertisement) relating to the Service and other services of TIW, or (ii) by e-mail sent to the address provided by the User, or (iii) by any means, including mobile number, telephone or mail. You also agree to provide your valid contact information.
    3. The Service shall not be be distributed or used in those countries where distribution or use of the Service may violate local laws or create grounds for applying any of legal norms of such countries. TIW shall reserve the right to limit rendering the Service in any country.
    4. You shall not delegate your rights, right to claim and obligations under these Terms without prior written consent of TIW.
    5. TIW shall have the right at its own discretion to delegate, assign or otherwise alienate its rights and obligations under these Terms to other persons without prior written consent of the User.
    6. These Terms shall not grant any rights to third parties, except as otherwise expressly provided in these Terms.
    7. If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and TIW relating to the matters contained here and the Service.
    8. In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.

 

  1. Contacts

 

    1. This Service is controlled and operated by Technologies Improving the World AG, which is a Swiss TIW with registered office at Zugerstrasse 1, 6330 Cham, Switzerland. Please forward any comments or complaints about the Service, any questions regarding privacy and other legal matters to support@tiwinnovations.com, specifying subject matter of your inquiry and naming the Service in relation to which you have respective inquiry.

 

    1. To comply with all its obligations arising under the GDPR TIW appoints as of 25 of May 2018 the Representative, who represents TIW in the EU with regard of data processing (Representative). The Representative’s task is to monitor compliance with the GDPR and in cooperation with the TIW’s employees the Representative is your contact in EU for your enquiries, comments, complaints and claims regarding personal data protection.

 

Representative contact data:

Technology Improves the World s.r.o.

Stodůlky, Nárožní 2787 / 7a, PSČ 158 00, Prague-5, Czech Republic

 

Enquiries, comments, complaints and claims relating to the protection of personal data may also be submitted via support@tiwinnovations.com.