Revised as of March 1st, 2017
This Agreement about the use of DROTR (hereinafter - the "Agreement") is a public contract (legal document), under the terms of which the company Technology Improves the World s.r.o. (hereinafter "TIW" or "we") offers access and use of this website, mobile applications, services, programs, policy provisions and other services and tools of TIW (hereinafter together - "Service", "DROTR") that are offered or may be offered in the future on this Service and / or mobile app.
When accessing, downloading, viewing, or for any other use of this Service you fully accept this Agreement and agree to adhere to it. If any provision of this Agreement are ununderstanable or unacceptable to you, please do not use the Service.
Under DROTR you should also understand Droid Translator, DROTR MeetUp, DROTR SMS.
This Service and its content and functions include, are managed and provided by TIW and are provided only for your personal, noncommercial use in accordance with the terms and conditions set forth below.
1. The company TIW owns and administers the Service.
2. DROTR enables the exchange of messages, Internet phone calls and face-to-face communication, with automatic translation of a talk in real time with a companion language to another language of counterpart, if it is provided by a Service, over the Internet, within mobile app, and provides other features specified in the Service.
3. This service is offered FREE of charge and is provided to you by Technology Improves the World s.r.o.
4. THE ABSENCE OF CONNECTION WITH EMERGENCIES SERVICES in DROTR
DROTR is not a traditional means of telephone or mobile communication. DROTR does not give the opportunity to call and send messages to emergency numbers, and reference and information services, and any other services, such as fire, police, ambulance and more. For these purposes, you must have other means of communication that permit this.
Unless otherwise expressly specified in this Agreement, the following terms have the following meanings:
1. «Service», «DROTR» - website, mobile app, services, programs, services and tools of TIW, offered by TIW or can be offered in the future on this web site and / or mobile application to access and / or use;
2. "Web site" - a set of software, information and media assets, combined together, designed as separate Web pages and available in the Internet Domain Name www.drotr.com, development and administration of which is made by the TIW company;
3. "Mobile application", "Application" - Mobile applications, programs, software that contain a reference to this Agreement developed by TIW, which makes their administration, including but not exclusively Droid Translator, DROTR MeetUp, DROTR SMS;
4. «Company», «TIW» - TechnologyImprovestheWorlds.r.o., a legal entity registered under the laws of the Czech Republic, whose registered office is at: CzechRepublic, Praha 5- Stodůlky, Nárožní 2787 / 7a, PSČ 158 00.
5. "You" or "User" - a competent individual who has reached the age of 18 or a person younger than 18, who has reached the statutory minimum age of the country from which it has the right to enter into contracts with mandatory legal force, including the owner of the signing of this agreement, which operates exclusively with the consent of both parents / guardian.
1. This Agreement applies to authorized Users and to Users who have not passed the authorization procedure.
4. The User must abstain from authorization in DROTR, must leave DROTR, not view or use DROTR in any other way in the following cases:
- if the User has not reached the statutory minimum age for his country, which he has the right to enter into contracts that are legally binding, including the right to conclude of the contract;
- if someone who is younger than 18 and has reached the statutory minimum age for his country, which he has the right to conclude contracts that are legally binding, including a right to conclude the contract, acting without the consent of both parents / guardian;
- if the User has no right to use the Service under the laws of the country in which he/she lives;
- If User does not agree with this Agreement or any part of it.
1. Before the first use of DROTR, the User may be offered to create an account and specify login (User’s ID service) and password, or access by synchronizing User’s accounts in social networks, e-mail (hereinafter - "authorization"). During authorization, the User agrees to give to TIW User’s login, access to contacts and account settings.
2. The User is absolutely responsible for all actions taken under their account, including keeping secret passwords and other personal data. User acknowledges that will not send his / her password to third parties, will not give access to your account and take other actions that could compromise the security of account.
3. The User agrees that TIW will not be liable for damages or losses caused to the User as a result of using account by third parties, regardless of whether the User has given permission to do so or not. In addition, the User is responsible for any damages and / or losses caused to TIW or any third party in connection with the use of User’s account by another person.
4. The User is responsible for any information and / or content created, submitted, published, posted or transmitted in any other way to the Web site and / or in the Application, and any actions taken by him in relation to the Service.
5. In case of claiming by third parties regarding infringement of intellectual property rights of User, the burden of proving its legitimacy rests with the User.
6. The User acknowledges that the information and content on the Service may be placed by other Users, third parties, and may be inaccurate, false, and offensive, such as misleading and contrary to law. The User agrees that TIW is not obliged to check and approve the information and content posted by Users, third parties, and is not liable for any loss or any damage associated with this.
7. In order to ensure compliance with the terms of this Agreement, the TIW company reserves the right to verify the information and content posted by Users, third parties on the Service. TIW company may, at its discretion and at any time without any explanation and agreement to block, delete or in any other way cease placing any information, content by User, third parties on the Service. Such measures do not imply recognition of the company liable for breach of any legal rights and interests of third parties or waiver of any of its rights.
8. To support the work of some Annexes of Services, the User agrees to provide the TIW company regular access to phone numbers of Users of DROTR and other people whose phone numbers are stored in the phone book of the User’s mobile phone. The User acknowledges having full authority to provide the TIW company with these numbers.
1. User confirms that is competent individual who has reached the age of 18 or a person under 18 who has reached the statutory minimum age of the country from which it has the right to enter into contracts that are legally binding, including a right to conclude the contract in force only with the consent of both parents / guardian.
2. The User independently controls and timely pays mobile, Internet and other communication provided by the suppliers of such services (hereinafter - the "Communication"), and that are used by User to provide Internet access and the possibility of sending short text (SMS) - messages; and also follows the technical operability and serviceability of their computer (mobile) devices and their anti-virus software. All and any tariffs and prices for services are established by providers of such services. TIW does not control and does not pay for any communication Services.
3. In addition to the other conditions provided in this Agreement, the User also undertakes, including but not limited to:
- to provide true, accurate and complete information about him/her, him/her mobile phone number when authoring and promptly update it;
- to use the Service in accordance with this Agreement and applicable laws of the country in which he/she is located. Responsibility for the right to use the Service in a country where the User is located relies on the User.
- not to use directly or through a third party Service for purposes which can be qualified as a violation of intellectual property, unfair competition and other outrage of law;
- not to act illegally or criminally, including but not limited to, not submit as any other person not post on the Web site Annex information, content that is defamatory, degrading the honor and dignity of third parties; misleading; violates the intellectual property rights of third parties; violates the rights of privacy of third parties; pornography, call for violence, aggression, war, and any other information dissemination which is restricted or prohibited;
- not to violate copyrights, trademarks for goods and services, patents, databases, and / or other intellectual property rights owned or used by TIW, by third parties;
- not to use personal information, personal information of third parties without their prior consent;
- not to post on the Web site, Application, advertising, campaign information, commercial offers, offers of services or request for transfer of funds, except the cases the TIW company has previously gave their written consent to such placement;
- not to perform actions that affect the normal operation of DROTR or is used unfair;
- not to use viruses, Trojans and other malicious programs;
- not to create, not to send, not to respond to mass messages, calls, unsolicited commercial communications, mass requests contact information (spam);
- not to threaten, not to intimidate and not to pursue other Users;
- not to collect illegally and not to process personal data of other persons;
- independently and at the own expense to settle all claims of third parties related to User’s actions using DROTR (particularly in publicizing information that is untrue, humiliating honor and dignity, etc.).
1. TIW reserves the right at any time and for any reason, modify or discontinue, temporarily or permanently, the work of all or any part of the Service and / or any software, facilities and services for this service with or without notice and / or to establish general principles and restrictions on their use. Work of Service may be suspended temporarily or permanently under the circumstances not connected with TIW such as natural disasters and other force majeure.
2. In case of breach of this Agreement by User, TIW has the right at any time at its discretion without explanation terminate User’s account access to void the User's account, stop the spread of any information by the User, content, by blocking them , remove. In some cases, to identify or confirm the breach of these conditions by User, TIW reserves the right to access all information, content posted by the User while using the Service and User accepting this Agreement authorizes the TIW to such a review.
2. The User agrees to bear their own risks and liability arising from the use of the User of these links including, but not limited to, for viewing, visits, access, download, and any use of the third party information, content , third-party web sites, applications, links that can be specified while using the Service.
2. TIW is not responsible and will not reimburse any costs, damages (direct or indirect) caused to the User resulting from use of DROTR, and as a result of the use or inability to use the information obtained by the content of DROTR.
3. If the User is not satisfied with the terms and / or quality of DROTR and / or the Services, User must stop using DROTR and / or Services.
4. The User is on his own responsible, including, but not limited to, for actions committed by him while using the Service, including but not exclusively for writing messages, downloading images to DROTR, to third parties in case of violation of the rights by User or legitimate interests of third parties.
5. TIW is not responsible for any information provided by the User, including incomplete, inaccurate, false, or information that is misleading, as well as the information provided on unlawful grounds.
6. TIW is not liable for any costs, damages (direct, indirect, incidental) and lost profits, arising from disruption of DROTR and / or Services and / or from the use or inability to use DROTR and / or Services.
1. In case of failure or improper use of its obligations under this Agreement TIW and User are responsible under the terms of this Agreement and applicable law.
2. The Parties shall not be liable for the total or partial non-performance or improper performance of its obligations under this Agreement if it is caused due to force majeure ("Force Majeure"), which the Parties could not foresee or prevent by reasonable action. Terms of fulfillment in these cases continue for the duration of such circumstances.
3. In case of non-performance by the User of its obligations under this Agreement, TIW, at its discretion, has the right to take measures to stop violation. TIW has the right to fully or partially block access to DROTR until the elimination of the User’s breaches or threatened breaches.
1. DROTR, all and any of its components (including analytical, technological, graphics and other documents, marks for goods and services, logos, slogans, leaflets and other promotional materials of TIW published in DROTR) (hereinafter "Intellectual Property") are owned by TIW and protected by law in the protection of intellectual property rights. All rights are reserved.
2. TIW reserves the exclusive right to own, use and dispose (all intellectual property rights) of DROTR (including: design style of DROTR, user’s reviews and translated content), and the User or any other person has no right to reproduce, copy, redistribute, analyze data screen, create links to DROTR, post or any other use of DROTR in commercial purposes (including any of its translations and User’s feedback) or the brand or logo without written permission of TIW. Any unauthorized use or any of the above actions will be considered as a material breach of intellectual property rights of TIW (including copyright).
3. Unless otherwise is provided in this Agreement and / or written permission of TIW, User agrees not to commit acts that violate intellectual property rights of TIW, including, but not limited to sale, import, export, license, lease, change, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or design elements of DROTR content. Using the content, materials, and other intellectual property rights in the TIW for any purpose not expressly specified in this Agreement is prohibited.
4. The User guarantees that owns or has the necessary rights, licenses and written permitions of third parties to use and grant to TIW the right to use all intellectual property rights in all information, content posted, uploaded, or in any other way transferred within the Service or with the help of it in accordance with this Agreement.
6. By accepting this Agreement, the User receives from TIW individual, free of charge, non-exclusive, limited, revocable license, without the right of transfer and issue sublicenses 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, not commercial purposes. However, User may not decipher, decompile, crack, develop, learn the technology of any portion of the Service or perform similar actions; interfere with technological remedies of Service; assign access rights to the Service; publish, copy, provide a possession, use or disposal of others, including but not exclusively, to provide with lease, sell, export, import, distribute or other dispose of any portion of the Service or the Service as a whole.
7. Any information, content posted by third parties in the limits of the Service or through are the property of third parties. This Agreement TIW does not provide Users, other persons with any rights and licenses for intellectual property rights of third parties.
8. The User has no right to any other license or rights other than directly specified in this Agreement.
1. The User confirms and agrees that this Agreement and the relationship between the User and TIW governed by and construed in accordance with the legislation of the Czech Republic.
2. All claims, arguments, disputes that may arise between the User and TIW in the implementation of this Agreement, the Parties will seek to resolve through negotiations. The Parties agree that each Party may refer the claim to the other Party on an individual basis and not as a plaintiff, a representative or counsel etc.
3. User agrees that for the purposes of resolving disputes between the User and TIW with effective and binding for the use mean of communication there is an e-mail communication (e-mail) with the Agent of TIW at: firstname.lastname@example.org.
4. If the parties do not agree on a solution within thirty (30) calendar days from the start of negotiations, the dispute shall be submitted to the competent court according to the legislation of the Czech Republic.
5. Unless otherwise defined by applicable law, a request of a party or members can not be combined with other requirements and is considered individually.
1. This Agreement is valid until the termination of one of the parties.
2. The User may terminate this Agreement at any time by ceasing the use of Web-sites and Applications. User is deemed to have ceased to use Web sites and applications if the user has not visited the Web-site and application more than ninety (90) days in a row. TIW reserves the right to send User information letters or promotional termination of this Agreement, unless the User expressly declares a desire not to receive mailings from TIW.
3. TIW has the right to terminate this Agreement at any time by sending a message to User.
4. TIW has the right to make system changes or additions to this Agreement at any time without any special message by posting a new version of the Agreement on the Website. The new version of the Agreement enters into force on the date of its posting on the Website, unless otherwise provided by the new version of the Agreement.
5. Any changes of this Agreement are valid only in the presence of express consent of TIW company.
6. In case when the User does not accept the new wording of the Agreement, the User must stop using DROTR, and should not attend, view, download or in any other way use DROTR.
7. The absence of objections from the User, expressed in the form of cessation of use of DROTR, is concidered as a sign of consent to the final Agreement. Despite the possibility of ending the use of DROTR, after the termination of this Agreement User will continue to be liable for the obligations that have been taken under this Agreement by the User or distributed to his termination.
8. The following conditions shall continue in force after termination of this Agreement: "Intellectual Property Rights", "Disclaimer of Warranties and Limitation of Liability", "Responsibility".
1. Information exchange. Parties agreed that the exchange of information during the execution of this Agreement is commited via email.
2. Messages. User agrees that TIW can send messages to User as follows: (i) the banner message (ads) on the Service and other services of TIW, or (ii) e-mail sent to the User-provided address, or (iii) by any means, including mobile number, telephone or mail. User agrees to provide with valid contact information.
3. Divisibility. If any provision of this Agreement is found to be invalid, illegal or those that can not be performed in any respect if it has no adverse effect on the interests of the Parties, then: (a) The following provisions will not be considered by the Parties as valid and will not be part of this Agreement, and (b) all other provisions of this Agreement shall remain in full force and effect. To the extent permitted by applicable law, the parties waive the provisions of law under which any provision of this Agreement is invalid, illegal or unenforceable.
4. If in the future any part of the Service will be paid, the User must comply with the additional conditions set out separately to that part of the Service, which shall prevail in case of conflict with this Agreement.
5. Service is not intended for distribution or use in countries where distribution or use of the Service may violate local laws or create grounds to apply to any of the rules of another country. TIW reserves the right to limit the provision of the Service in any country.
6. This Agreement is written in English. If any translation of this Agreement into another language is in conflict with his editorship, published in English, the priority has editorial in the English language.
7. User shall not assign the right requirements and obligations under this Agreement without the prior written consent of the Company.
8. TIW has the right on its own will to pass, recede or in any other way dispose its rights and obligations under this Agreement to others without prior written consent of User.
9. This Agreement does not give any rights to third parties, except as expressly provided in this Agreement.