GENERAL BUSINESS TERMS AND CONDITIONS AND TERMS OF USE OF THE MOOVEEZ APPLICATION

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1. Who we are, what we do, and what these Terms and Conditions are for 

1. We are MOOVEEZ company a.s., a company having its registered office at U Golfu 644, Horní Měcholupy, 109 00 Prague 10, Czech Republic, ID No. 064 88 684, registered in the Commercial Register of the Municipal Court in Prague under file number B 22873 (“we”, “us”).

2. We own, develop, and operate the MOOVEEZ application (“Application”) which you, as the user (“you”) can download using a mobile applications marketplace (such as the App Store or Google Play).  In the Application, you can find various exercises and materials that will help you learn foreign languages using an innovative method.  The Application focuses primarily on listening to and speaking in a foreign language.

3. These Business Terms and Conditions and Terms of Use of the Application (“Conditions”) set out rules for subscribing to the Application, its use, and operation.  This means that they apply to the agreement on the provision of digital content into which we enter (“Agreement”), and they constitute an integral part thereof.  The Conditions shall apply regardless of whether you use the Application free of charge or pay for its use. 

4. If you want to use the Application, you must acquaint yourself with the Terms and Conditions, agree to them, and respect them.  Please also read how we work with your personal data; all details can be found in the Principles of Personal Data Processing (“Principles”).

5. Should you have any questions, you can contact us at:

MOOVEEZ company a. s.

U Golfu 644, Horní Měcholupy, 109 00 Prague 10, Czech Republic 

E-mail: info@mooveez.com or teacher@mooveez.com 

We will respond as soon as possible.

2. How to install the Application and enter into an Agreement with us 

1. You can install the Application via a mobile applications marketplace such as the App Store or Google Play (“Marketplace”) depending on the operating system of your smartphone, tablet, or other device.

2. The providers of the Marketplaces where the Application is available (“Intermediary”) are the following companies: The Google Play Marketplace: Google Inc.1600 Amphitheatre Parkway Mountain View, CA 94043 USA. The AppStore marketplace: Apple Inc. One Apple Park Way Cupertino, CA 95014 USA

3. When downloading the Application from a Marketplace, you must follow the terms of use of that Marketplace.  In other words, your use of the Marketplace is governed by an agreement between you and the Intermediary.  The use of the Application is conditioned on the conclusion of that agreement, but it is an agreement independent of the Agreement with us.

4. A certain version of an operating system (e.g., iOS, Android) in your device may be required for downloading the Application from the Marketplace or for its continued use.  To that end, you need to have a mobile telephone or another device in which the Intermediary permits updates of the operating system.  This may not be possible in older devices.

5. You need to set up a user account (“User Account”) after the installation of the Application in order to be able to use it.  When setting up your User Account, you must consent to these Conditions and Principles and undertake to be governed by them and to respect them.

6. Once you set up a User Account, an Agreement has been concluded between us, as MOOVEEZ company a.s. and the provider of the Application and you as the user of the Application.  You can find out about the establishment of a User Account in the text below.

7. Pursuant to the Agreement, we will provide you with digital content to an extent permitted by the functionalities of the Application.  Consequently, we will make it possible for you to use the Application, to enter into it information about yourself, your language level, and much more.

8. The installation and use of basic features of the Application are free of charge (“Free”).  If you opt for the premium subscription to the Application (“Premium”), which offers additional functions, you undertake to pay a fee to us in exchange (“Fee”).  You can learn about the functionalities of each of the versions directly in the Application.  Refer to Article 7. below for details of Fee payment.

9. Any and all costs that you may incur in the installation of the Application or its use (e.g., costs of internet connection) shall be borne by you and they do not differ in any way from the standard rate of your internet connection provider. 

3. How to set up and use a User Account

1. In order for you to be able to use the Application, you need to establish a User Account.  That is why we eill ask you several questions after you first launch the Application.  You must answer those questions in order for us to be able to set up a User Account for you.  You can also set up a User Account by logging in via your existing accounts (e.g., a connection via Facebook, Google, Apple ID, “Third-party Applications”).  In addition to your e-mail address, you can also ask you additional information pertaining to your language learning or information about whether and when you wish the Application to remind you of lessons or other information that will be required in the future at our discretion during the setting up of a User Account.

2. When setting up a user account through Third-party Applications, you also undertake to respect their terms of use.  Those application have their own rules in their terms of use and we have no control over them.  

3. We cannot guarantee the possibility of using Third-party applications to set up a User Account in the Application and for logging into the Application.  If you have problems logging into your User Account via that route, we will strive to help you resolve it.  But it may be caused by a fault in the Third-party Application which we are unable to influence.  

4. If you have opted for establishing an account via e-mail directly in the Application, we will send you confirmation that your account has been set up at your e-mail address once you fill in your data and all other information required.  You need to confirm your registration by clicking on the link in the e-mail, only then will the User Account be automatically set up.

5. Your User Account is secured with a password.  Do not disclose it to anyone, keep it to yourself.

6. The User Account is not your property.  You have access to it solely on the basis of these Conditions and we retail all rights thereto.  That means that you cannot sell, rent, or otherwise provide your User Account to a third party.

7. Always keep your data in your User Account up to date and valid, and update them without undue delay as soon as they change.  We consider your information provided in the Application to be up to date and accurate until you change it.  If you state misleading or inaccurate information, you are liable for any harm that you may incur on that account, for example for not receiving an important notice at your e-mail address.

8. Should you suspect that someone has gained unauthorised access to your User Account or that your log-in credentials have been in any way compromised, change your log-in data or inform us immediately at info@mooveez.com. 

9. Please understand that we may, at our sole discretion, temporarily or permanently disable our User Account from time to time, especially in case you have breached these Conditions or the law.  In the event that your use of your User Account is completely disabled due to a breach of the Conditions, you shall not be entitled to a refund of the balance of the Fee.

4. What are the Terms of Use of the Application?

1. You may use the Application only for purposes permitted by these Conditions, applicable laws or other legal regulations, or for purposes clearly arising from the Application itself.

2. Materials and other Application content may be subject to copyright protection, either our own or that of a third party.  You may use them only in line with these Conditions, in particular Article 11 Intellectual Property.

3. When using the Application, you are not permitted to do, in particular, the following:

1. You may not use the Application in violation of these Conditions;

2. You may not in any way overload the Application or interfere with it unduly such that it has an impact on the functioning of the Application and its use by other users;

3. When using the Application, you may not in any way disturb other users. 

  4. Once you set up a User Account, you can use the Application on a maximum of three devices.  If you exceed the number          of devices, you will be asked to uninstall the application from one of your earlier devices in order to be able to use it on a          new device. 

  5. As the Application content may be demanding in terms of data, you can use the service of placing it in a cloud store. You          will be able to retrieve that content at any point in the future.

5. What if the Application is inaccessible?  

1. The use of the Application requires an Internet connection.

2. Please understand that the Application or the User Account may not be available at all times, primarily due to necessary maintenance of its software or hardware, updates of the Application and its functionalities, due to force majeure events, actions of a third party, or a power or connectivity outage.  If possible, we will inform you about any shutdowns of the Application, directly through the Application or your User Account.

3. If the Application does not work, please contact us at your earliest convenience for service support, e.g., report an error, make a query, or raise a request.  For this, use either the service support channel in the Application or contact us by e-mail at the address given above.  Support is provided free of charge.

6. When and how can we update and change the Application?  

1. We strive to keep developing the Application.  But we cannot guarantee any specific updates and improvements or the frequency thereof; however, we will provide you with updates required for the faultless operation of the Application for the term of the Agreement.

2. You will be informed about available updates of the Application by means of an update being available at the Marketplace from which you installed the Application; we may not inform you in any other way.  The course of the installation of the update itself is governed by the conditions of the Marketplace.  If you do not make the update within a reasonable period, which we deem to be 30 days of its being made available, you shall not have any rights arising from the defects that arose from your failure to make the update.

3. We are entitled to change the application at our discretion from time to time, in particular for the following reasons:  

1. Change or expiry of license rights to Materials: The Application is comprised of various Materials, in particular audio-visual content.  We have entered into licensing agreements with the authors of those materials, and on the basis of those agreements, we may have various rights to the Materials with different terms of duration.  In addition to adding new Materials, we can therefore also remove Materials from the Application.  

2. Improvement or change in the functioning of the Application: We reserve the right to strive to improve the Application, to make changes thereto, and to add, change, or remove some of its functionalities. 

3. Modification of the Free and Premium versions of the Application and a change of its functionalities: We may decide in the future to move some functionalities of the Application from the Free version to the Premium version and vice versa.

4. Ensuring the Application’s interoperability and compatibility with various devices, changes in laws, compliance with conditions set by Marketplaces, Intermediaries, Third-party Applications or other third parties: From time to time, we may be forced to change the Application or the way it functions, if necessitated by a change in law or by the need to adapt it to new devices or as demanded by a third party.

  4. No change specified above shall cause you to incur additional costs.  A change in the price of the Premium version in line        with Article 7.9. of the Conditions shall not be deemed to constitute a change in the Application. 

  5. Should any change in the Application affect you adversely, meaning that it could significantly compromise your access to         the Application or its use, we will inform you at least 30 days in advance and let you know that you are entitled to terminate      the commitment within 30 days of the date on which we informed you about the change or from the day the Application            changed, whichever occurs later.  Should you terminate the commitment for that reason, you can demand a refund of the Fee in line with Article 10.5. of the Conditions.

  6. In the case of a change that we deem positive, we reserve the right to inform you thereof solely by means of a pop-up window in the Application, in the Marketplace in the relevant section on the Application page, with news, or by other means.  We can also inform you about positive changes via the e-mail address that you gave us when setting up your User Account, as long as you do not unsubscribe from news.  

7. How much do Premium and Extra Contents cost and how are they billed? 

1. In the Application, you can study languages entirely free of charge in the Free version, or you can pay a Fee for the Premium version, thereby gaining access to a greater number of exercises or other functionalities.

2. If you activate the Premium version, we will charge you the Fee.  The frequency of Fee payment may be monthly, annual, or otherwise at our discretion.  You can find out about the specific amount of Fees in the Application or in the Marketplace on a page where the Application is available for downloading, or on our Website.

3. Discounts or bonuses may be linked to various Fee payment frequencies (e.g., a proportionate discount from the annual Fee as compared to the monthly Fee, the Premium version for free for the next period with a subscription purchase, etc.).  We may change and cancel those discounts and bonuses at our discretion, and you have no legal entitlement to them.

4. Fees are automatically billed and paid through the Marketplace and are therefore paid to its Intermediary.  The payment and its course are governed by the conditions of the specific Marketplace set by the Intermediary, and, as the case may be, also by the conditions set by the provider of the payment method available at the Marketplace.  Hence, we cannot be held liable for the payment or extension of your subscription if you fail to cancel it in the Marketplace.  Furthermore, you understand that the personal data gathered by the Intermediary or payment method provider, including information about means of payment, is not disclosed or provided to us. 

5. At our discretion, the purchase of the Premium version or Extra Content may be made available directly via the Application or Website.  In that case, the payment will be addressed directly to our company.  This type of purchase shall be in the form of a cashless transfer or via a payment card.

6. Value-added tax may be added on top of the Premium Fee or other payments made in line with these Conditions, in line with legal regulations. 

7. Should we fail to receive the Fee for an extended period (e.g., because a payment is not made via the Marketplace due to a shortage of funds in your account), we are entitled to suspend the provision of the Premium version, until the Fee is paid, or cancel the Premium version.

8. We can also offer you the Premium version for free for a certain period of time after the set-up of your User Account or at any time during your use of the Application (“Trial Period”).  We are entitled to terminate, shorten, or lengthen the Trial Period from time to time, of which we will always inform you directly in the Application.  In the case of its shortening, we will also inform you at the e-mail address stated in your User Account.  Prior to the end of the Trial Period, we will notify you in the Application that it is coming to an end, and you can cancel the Premium version before you are required to pay the Fee.  After the end of the Trial Period, we will automatically charge you for the Fee for the use of the Application.

9. We can change Fees.  You will always learn the current Fee amount when paying in the Application or at the Marketplace on the page where the Application can be downloaded.  The new Fee amount will always apply to you from the start of the next period for which you will be paying the Fee.  You shall be assumed to agree to the new Fee amount if you do not cancel your subscription in the settings of the relevant Marketplace.  

10. You can cancel the Premium version at any time.  It will end on the last day of the period for which you Fee has been paid.  Cancellation of the Premium version does not give you the right to a refund of the unused part of the Fee, with the exception of Agreement termination due to a change in the Application under Articles 6.5. and 10.5. of the Conditions.

8. When can you, as a consumer, withdraw from the Agreement? 

1. Generally, consumers (i.e., those customers not buying “on their business”) are entitled to withdraw from an agreement concluded via the Internet within 14 days of its conclusion, for no cause.

2. If you wish to cancel your Premium subscription, request a refund of the entire payment or a part thereof directly at the Marketplace under its conditions (if you made your payment with a Marketplace).  You can only request a refund from us if you paid us directly in the Application or on the Website, if we offer that option.

3. Should we be in default in making the Application or the Premium version accessible (for example, we fail to send you an e-mail to verify your e-mail address after you set up your account, or fail to make Premium functions available), you can withdraw from the Agreement if we do not meet our obligation to make the Application or the Premium version available without undue delay after you ask us to perform or within a grace period on which we expressly agree.  You do, however, understand that the impossibility of downloading the Application from the relevant Marketplace or to pay the Fee for the Premium version are outside our control and such a situation cannot be deemed to constitute our default. 

9. How are we liable for defects in the Application?

1. We are liable for the Applicable being faultless throughout the term of the Agreement.  In particular, we are liable for:

1. The Application corresponding to the agreed description and scope as well as the quality, functionality, compatibility, interoperability, and other agreed properties; such agreed properties are set out only in these Conditions, on the Website, in the Marketplace in the place where the Application can be downloaded, and in the Application itself.

2. The application being fit for the purpose for which you demand it; that purpose is the study of foreign languages in the form described in Article 1.2. of the Conditions.

3. Being provided with the agreed accessories and instructions for use (including instructions or installation and user support, where required); the instructions for use and instructions for installation are intermediated by the relevant Marketplace and you should follow its instructions and guidelines when installing the Application.  Instructions for setting up a User Account and for using the Application are contained in the Application itself.

  2. Furthermore, in addition to the agreed properties, we are liable for ensuring that:

1. The Application is fit for the purpose for which applications of this type are usually used, including with a view to third-party rights, legal regulations, technical standards, and codes of conduct of the discipline concerned, if no technical standards are available; 

2. The scope, quality, and other performance parameters of the Application, including functionality, compatibility, accessibility, continuity, and security, correspond to the usual properties of digital contents of the same kind that you may reasonably expect, including with a view to our public statements or the statements of other persons in the same contractual chain, including in advertising or labelling;

3. The Application corresponds to the trial version or preview that we made available prior to the conclusion of the Agreement.

We shall not be liable for the last four points as long as we specifically informed you prior to the conclusion of the Agreement that one of the features of the Application differs and you expressly agreed to that.  We will draw your attention to any such differences when you set up your User Account.  

  3. If the Application or a part thereof does not work, you can lodge a claim by, for example, writing us an e-mail at nfo@mooveez.com or by writing to our registered office.  You can claim your rights arising from faulty performance in relation to the Application throughout the term of the Agreement.  If the Application is dysfunctional in part or in full, we will strive to remedy the defect on the basis of your claim as fast as possible.  If you are interested in receiving a discount from the Fee or a refund of the entire Fee, you can request a refund in line with the conditions of the Marketplace via which you paid for the Premium version. 

  4. Please understand that you cannot lodge a claim with respect to the Application for the sole reason that it has failed to live up to your subjective expectations.

  5. We handle claims as quickly as possible.  Your claim will be processed within 30 days of its lodging (including a remedy of the error, if possible), and we will inform you about this.  We can also agree on a longer period. Should we fail to keep the 30-day period, you can withdraw from the Agreement or demand an appropriate discount through the Marketplace in line with its terms and conditions.

  6. You are entitled to a reimbursement of costs reasonably expended on the lodging of a claim (if it was justified and recognised); such costs being understood as the lowest possible.  You must request the reimbursement of your costs within one month of the end of the period for the lodging of a claim, otherwise they may not be granted to you.

10. How can an Agreement be terminated?

1. The Agreement is concluded for an unspecified period.  Should you decide to terminate the Agreement between us, you can simply delete your User Account in the Application and uninstall the Application if you are using the Free version.  In the case of the Premium version, please check, after deleting your User Account and uninstalling the Application, that the payment of the Premium Fee in the Marketplace has been cancelled, or cancel it yourself.  As we have no control over the Marketplace, we cannot be liable for the payment of Fees after you uninstall the Application.

2. The Agreement between us ends with the deletion of your User Account.

3. If you delete your User Account by mistake, please set up a new one if you were using the Free version.  If you had the Premium version, please contact us at info@mooveez.com, we will attempt to renew your User Account.

4. The Agreement is also terminated by the cancellation of your User Account for other reasons.  We can cancel your User Account upon mutual agreement or if it is inactive for more than 24 months.  We can also cancel a User Account if you breach the Conditions or applicable legislation.

5. If you terminate the Agreement due to changes in the Application that have significantly compromised your access to the Application or its use (for details see Article 6.5. of the Conditions), you can request a refund of a proportionate portion of the Fee via the Marketplace within 30 days and in line with the conditions of the Marketplace, in proportion to the duration of the Premium term that you have not yet used, or you can request another form of a Fee refund in line with the terms of the Marketplace.

6. We are entitled to terminate the Agreement without notice if:

   1. You breach any provision of these Conditions;

   2. We cease providing our services in the country in which you reside or from which you use the services. 

11. What is our intellectual property and how can you use it?

1. We are the owner of the Application and exercise property and personal rights to it to the greatest extent possible.  The Application is a copyrighted work as are the Materials and any other content contained therein.  In other words, all rights to the Application, in particular copyright to the content, including the layout, photos, films, graphic features, trademarks, logo, and other content and features belong to us or to third parties with which we have entered into a licence agreement. 

2. The Application is operated on an SaaS basis (software-as-a-service).  That means that by downloading the Application, you gain access only to the Application and you can use it in line with these Conditions.  Hence, you do not obtain the software of which the Application is comprised, or a copy thereof, and hence also no licence to it.

3. We are granting you a licence only to a part of the Application which you install in your device.  That part is the client itself, i.e., a mobile application installed in your device that you operate by using it (“Client”).  This part of the Application known as the Client is also often referred to as the front end and it is a specific application from the Marketplace installed in your device, and its graphic interface.  We are granting you a non-exclusive licence to the Client, which is limited in time to the term of this Agreement and is not limited territorially.  You can use the Client for ways of use arising from these Conditions and the purpose of the Application, i.e., in particular, to access the Application.

4. You undertake not to copy or replicate the Application, Materials, or other content of the Application or the Client.  You are not permitted to handle the Application other than in line with these Conditions or for any purpose other than the use of the Application for the purposes for which it is intended.  You are not by any means permitted to hack the Application in any way, to alter it, or influence its appearance or functions.  You are not allowed to share the Materials and any other content of the Application in any way on social media or elsewhere or permit its downloading or use by third persons.  You are not permitted to engage in any activity that could result in the overloading of the Application, a disruption to its stability, security, or operation.  You are not permitted to make any attempt to obtain, reverse engineer, decompile, or copy the source code of the Application or a part thereof.  You may not permit this, albeit unintentionally, to any third party.  You may not use the Application or its source code to create an application derived from or competitive with our Application.  The same rules apply to any of our other intellectual property (e.g., the name “Mooveez” or the logo of the Application), including any part thereof.  In short, you are not entitled to change, modify, distribute, sell, or otherwise use for purposes not expressly provided for in these Conditions anything in this provision (i.e., for purposes of non-commercial language training).

5. We hereby inform you that all Materials and other Application content contain or may contain security features aimed at preventing their impermissible use.  You undertake not to interfere in any way with those security features or to circumvent them and pass the Materials or other content in the Application off as your own.  Any interventions in those security features of the Materials or other content themselves may incur liability for the breach of third-party rights. 

6. Please understand that not all Materials and other Application content may be available in your country, in particular with a view to applicable licences granted to us by third parties.

12. How do we limit our liability for harm?

1. We are in no way liable for any harm caused by the abuse of the Application or User Account, in particular for any harm that you may have sustained due to the improper use of the Application or due to its use in violation of these Conditions.  Similarly, we are not liable for any harm you incur due to the restriction or interruption in the availability of the Application or user Account.  We are not liable for an interruption in the provision of Application services where caused by third parties or force majeure events (e.g., a cyberattack, a power supply or telecommunication connection outage, improper service via service companies) or directly by you (e.g., incorrect handling of the Application, User Account, failure to obtain an internet connection, fault of device, fault of third-party features and technologies, etc.) or due to the fact that the operation of the Application of User Account is terminated.  In such cases, you waive your right to the compensation of any harm.

13. How to resolve disputes and complaints out of court

1. Complaints are handled through our contact e-mail address info@mooveez.com.  We will send information about the handling of your complaint to your e-mail address.

2. If you are a consumer, you are entitled to out-of-court resolution of your consumer dispute pursuant to the Act on Consumer Protection.  To that end, you can approach the Czech Trade Inspectorate (Ústřední inspektorát – oddělení ADR, Česká obchodní inspekce, Štěpánská 44, 110 00 Prague 1, e-mail: adr@coi.cz, web: adr.coi.cz).  Resolution shall be commenced only at your initiative, as the consumer, if the dispute is not successfully resolved directly with us as the operator of the Application.  You can file an application within one year of the day when you first claimed your right from us.  Out-of-court consumer dispute resolution can also be initiated online via the ODR platform available at: ec.europa.eu/consumers/odr/.

3. We can deliver any and all written correspondence by electronic mail.  We will send it to you at the e-mail address specified in your User Account. 

14. Concluding Provisions 

1. If you have purchased a film licence in an older version of the Application, please understand that those films are no longer available in the new version of the Application, due to licensing rights.  If you are interested in a refund of a portion of that payment, please contact us by e-mail at info@mooveez.cz by 31 December 2023.  

2. These Conditions are available in Czech and English language versions.  In the event of a discrepancy between the versions, the Czech version shall prevail.  The Conditions may also be available in other language versions at our discretion.  Please understand that those additional language versions are solely for your information and greater convenience when using the Application and any discrepancies in relation to the Czech or English versions are in no way binding either for us or for you.  The text of the Czech or the English version of the Conditions shall be decisive at all times.

3. We are authorised to operate the Application and to provide services on the basis of a Trade License.  Trade control is carried out by the competent Trade Licensing Authority within the scope of its powers.  We are also subject to supervision by the Czech Trade Inspectorate in terms of compliance with consumer protection legislation.

4. We shall store the Agreement, including these Conditions, in electronic form and which is not available to the public.  Should you need it, please write to us and we will be happy to send it to you.

5. Should a dispute arise between us, it shall be governed by the laws of the Czech Republic, chiefly by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.  Any and all disputes shall be resolved by courts of the Czech Republic or a functionally competent entity for out-of-court consumer dispute resolution, unless consumer protection legislation stipulates otherwise.

6. We are not bound by any Code of Ethics in relation to you. 

7. We can amend or supplement these Conditions from time to time.  Any such amendment or supplementation shall not, however, change our rights and obligations that arose while a previous version of the Business Terms and Conditions was in force.  We will inform you via the Application and our Website about any changes to the Conditions.  If you disagree with the new Conditions, you can delete your User Account, thereby terminating the Agreement, and, where applicable, you can use the Marketplace to obtain a refund of the Fee in line with its terms and conditions.  Should you fail to do so within 30 days of the date we informed you of the amendment of the Conditions, you shall be assumed to consent to the new text and undertake to comply with it from its effective date.

 

These Conditions enter into force on 15 June 2023

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An old version of this document can be found here.