PLEASE CAREFULLY READ THESE CONTRACTUAL CONDITIONS, WHICH CONTAIN IMPORTANT
1. Introductory provisions
1.1. The use of the Mooveez application, subscription services and the purchase of educational materials with films are governed by these Contractual Conditions executed upon your consent between you (“you” or “the User”) and MOOVEEZ company a.s. (hereafter “MOOVEEZ company”).
1.2. The subject of these legally binding Contractual Conditions is the use of the Mooveez application and services offered as part of this application by MOOVEEZ company (referred to in this document collectively as “Services”), including access to application content.
2. Consent to Contractual Conditions
2.1. By consenting to these Contractual Conditions the User affirms that he/she is familiar with these Conditions and that he/she agrees with all provisions therein.
2.2. In order to use these Services, you must first consent to the Contractual Conditions.
2.3. Consent to the Contractual Conditions is expressed by registering an account with the application.
3. Language of Contractual Conditions
3.1. If, in addition to the English version of these Contractual Conditions, MOOVEEZ company has provided a version of these Contractual Conditions in a different language, you acknowledge that this other language version has been provided solely for your convenience and that your relationship shall be governed by the English version of the Contractual Conditions.
3.2. If any conflict exists between what is written in the English version of these Contractual Conditions and with what is stated in any language version other than Czech, the English version of these Contractual Conditions shall be considered the definitive version.
3.3. By way of exception to the rules stated in Articles 3.1 and 3.2, the Czech language version shall be considered the definitive version in any conflict between the Czech language version of the Contractual Conditions made available by MOOVEEZ company and any other language version.
4. Provision of Services on the part of MOOVEEZ company
4.1. The primary purpose of the Services provided by MOOVEEZ company is to make the study of a foreign language easier, to improve comprehension and understanding of context, to aid in the memorization of new words and phrases, and to help with comprehension and practice of a foreign language’s grammar.
4.2. MOOVEEZ company is constantly innovating on the Mooveez application and its associated functions in order to provide users with the best possible services. You acknowledge and consent that the form and character of the Services provided by MOOVEEZ company may be updated in accordance with Article 15 of these Contractual Conditions in order to improve the provision of those Services.
4.3. MOOVEEZ company reserves the right to temporarily make the service unavailable for repair, updates, modifications, or maintenance of the application, without prior consent of the user if necessary.
4.4. MOOVEEZ company is not liable for damages incurred by the User or any third party associated with any outage or other disruption of the aforementioned provision of services.
4.5. MOOVEEZ company is not responsible for disruptions or incorrect performance of services caused by third parties (namely mobile operators, providers of telecommunication services, and providers of electrical power).
5. Use of Services by the User
5.1. You undertake to use the Services for purposes permitted by (a) the Contractual Conditions, and (b) applicable laws, decrees, or other generally accepted rules.
5.2. You acknowledge that you have the right to use the Mooveez application only for your own personal language learning needs.
5.3. You agree that you shall not reproduce, duplicate, copy, distribute, alter, or sell the Services or any part thereof.
5.4. You acknowledge that you are fully responsible for any violation of your responsibilities stipulated by these Contractual Conditions, as well as for any consequences of such violations.
5.5. MOOVEEZ company advises that all works available through the Mooveez application contain a security system to prevent unauthorized use of the works.
5.6. MOOVEEZ company advises that works available in the Mooveez application (i.e. its contents) may be subject to the copyright of third parties. In the event of any violation of your responsibilities stipulated by these Contractual Conditions you shall also be held responsible for violating the rights of such third parties, as well as any consequences thereof.
6. Protection of privacy and personal data
6.1. Personal data is data that may be used to identify or contact a specific individual. MOOVEEZ company uses this data to the minimum extent possible.
6.2. Any personal data you provide to MOOVEEZ company, either directly or via the provider of the electronic application through which you are using Mooveez, may be used by MOOVEEZ company and the provider of any such electronic application for the purposes of providing and improving our products, services, and content, and may be used to communicate promotions of same along with other information.
6.3. You are not required to provide the personal data we request of you. And yet without your data we will be unable to provide you the best possible products or services, or give you answers to any questions you may have.
6.4. MOOVEEZ company uses computer systems with restricted access located in facilities that use physical security measures for the storage of your personal data.
6.5. You may revoke your consent to the use of your personal data by MOOVEEZ company at any time via the MOOVEEZ company email at firstname.lastname@example.org. MOOVEEZ company may terminate your use of the Services at any time following revocation of the use of personal data.
7. How we use your personal data
7.1. Thanks to our collection of personal data, we are able to send you the latest announcements related to MOOVEEZ company services, software updates, and planned events. If you do not wish to be included in our list of contacts receiving information, you can unsubscribe. You can cancel your subscription from any communication you have received.
7.2. We may also collect and store data about the manner in which you use our services, for example information about your progress in the study of a foreign language. We can use this information to improve the quality of our training services.
8. Provision of data to third parties
8.1. MOOVEEZ company will share personal data solely for the purpose of providing or improving our products and services and promoting our own products. It will not be provided to third parties for marketing purposes. MOOVEEZ company is authorized to provide this personal data to third parties for the processing of that personal data; in such cases the third party shall be required to proceed in accordance with these Contractual Conditions and the law.
8.2. MOOVEEZ company may be compelled to provide access to your personal data if so ordered by law, court decree, legal dispute, or the government or ruling bodies of your nation of residence or other nation.
8.3. We may also provide access to your personal data if we consider it to be necessary or appropriate for reasons of national security, law enforcement, or in regard to any other aspect of public welfare.
8.4. We may also provide access to your personal data if we consider it to be necessary for the enforcement of our business conditions or the security of the business transactions of our company or users. In the event of restructuring, merger, or acquisition we may provide your personal data collectively to an appropriate third party, who will use it for the same purpose as MOOVEEZ company.
9. Content in the Services
9.1. You acknowledge that as the person who has given consent you are fully responsible for all information (written text, music, sound, photography, video, or other images) to which you will gain access through the Services or their use. All such information shall hereafter be referred to as “Content”.
9.2. Please bear in mind that the Content that is presented to you as part of the Services is protected by intellectual property rights and that it is in the ownership of the business partners who have provided this content to MOOVEEZ company. You are not permitted to alter, sell, lend, or distribute this Content or create any derivative work from it (whether in whole or in part).
9.3. You acknowledge that through the use of the Services you may be presented with Content that you might consider offensive, immoral, or undesirable, and that in this respect you are using the Services at your own risk.
10. License provided by MOOVEEZ company
10.1. For the period of using these services, MOOVEEZ company issues you a personal, non-transferrable, and non-exclusive license for the use of the software (hereafter “Software”) that MOOVEEZ company provides as part of the Services. The exclusive purpose of this license is to use the Services and gain from their benefits in the manner permitted by the Contractual Conditions.
10.2. Given the above provisions, you may not copy, alter, create new derivative work from, reverse engineer, decompile, or in any other way attempt to extract the source code from the Software or any part thereof.
10.3. The Services may contain hypertext links to other web pages or content from other sources. MOOVEEZ company may not control web sites or sources provided by companies or persons other than MOOVEEZ company.
11. Use of the Mooveez application on multiple devices/registrations
11.1. Once you register you may use the Mooveez application on multiple devices up to a maximum of three (3) mobile devices.
11.2. Upon exceeding this limit, you will be requested to uninstall the Mooveez application from one device in order to use the new device.
11.3. Since the content you purchase may have a large volume of data, you can take advantage of the Archive service in the cloud. You will be able to download this content at any time in the future.
11.4. You agree upon registering and using the Services to provide accurate and complete data (hereafter “Registration Data”) and you undertake to update your Registration Data such as to keep it accurate and complete. MOOVEEZ company shall endeavor to ensure that your registration data as a rule shall not contain personal data.
11.5. You agree that MOOVEEZ company may retain and use the Registration Data you provide for the purpose of administering your Account on multiple devices.
12. Payments and payment principles
12.1. When using the Services, you can (in accordance with your use of the Services or as a result thereof) purchase content/goods that are part of the Mooveez learning application. MOOVEEZ company does not guarantee the term of license authority to such content other than as defined in Article 14.5 of these Contractual Conditions.
12.2. If a credit card or debit card is used as payment for transactions, MOOVEEZ company or any party authorized by same may carry out a preliminary authorization and block funds up to the full amount of the order. The processing of your payment is carried out at the moment of your transaction or shortly thereafter.
12.3. You consent to pay for all services and products purchased using the Mooveez application and that MOOVEEZ company may use your method of payment to charge for any services and products purchased and any other amounts (including any applicable taxes) that may be payable to your account or in association therewith.
12.4. You consent to receive all invoices in electronic format, including email.
12.5. The total payable price shall include the price of the product plus any applicable value-added tax (effective as of the date of download or of the date of start of subscription or subscription renewal). Using the application in your country designates such country as the country of your residence for tax purposes.
12.6. You may not cancel your order upon receipt of the digital content if such delivery was initiated at your request. At the time of such initiation you confirmed and consented to waive your right to cancelling your order.
12.7. The MOOVEEZ educational application allows for a trial of subscription services FREE for 7 days. If you cancel your subscription during that period no later than 24 hours before it expires, the subscription fee will not be deducted from your account. During the course of the last 24 hours of this seven-day trial period, however, the subscription fee may be charged. This charge will be applied by the facilitator of the payment, as stated in their Terms and Conditions. The provider of the MOOVEEZ application is unable to influence this fact. Changes to the Terms and Conditions of the facilitator of the payment may result in changes to the trial of the FREE subscription service of the MOOVEEZ educational application.
13. Software updates
13.1. The Software you are using may from time to time conduct updates to the Services. These updates are intended for the improvement, expansion, and further development of the Services and may take the form of fixing errors, enhancing functions, and adding new software modules or entirely new versions. You agree that as part of using the Services you will accept these updates.
14. Terminating your relationship with MOOVEEZ company
14.1. The applicability of these Contractual Conditions shall continue until use of the Services is discontinued, either on your part or on the part of MOOVEEZ company, as described below.
14.2. MOOVEEZ company may at any time terminate its legal relationship with you, if any of the following apply:
14.2.1. you have violated any provision of the Contractual Conditions (or your conduct has clearly indicated intent to so act, or you are no longer capable of upholding the provisions of the Contractual Conditions); or
14.2.2. a partner through whom MOOVEEZ company offers you its Services has terminated its relationship with MOOVEEZ company or has discontinued offering the Services to you; or
14.2.3. MOOVEEZ company has ceased to provide Services to users in the country where you live or use the Services.
14.3 The user may terminate the use of the Services and the legal relationship with MOOVEEZ company following any change to the Contractual Conditions by notifying MOOVEEZ company and/or uninstalling the last of the electronic devices to which the Mooveez application has been downloaded.
14.4. The termination of these Contractual Conditions shall not influence any legal rights, responsibilities, or commitments held by you and MOOVEEZ company (or that you acquired during the period in which the Contractual Conditions were valid) or that are explicitly meant to remain in effect.
14.5. Services, as well as the download of the Mooveez application and access to it and/or the Software, are provided free of charge, and shall terminate immediately upon the termination of the contractual relationship with you.
15. Changes to the Contractual Conditions
15.1. MOOVEEZ company may change the Contractual Conditions on occasion. Upon making such changes MOOVEEZ company shall publish the new version at http://www.mooveez.com; in some cases, the new Contractual Conditions will be made available through or within the Services.
Contractual Conditions Version: 02
Date of Last Update: October 2nd, 2017