These Services Agreement (“Services Agreement”, “Terms”) govern your use of Skuflic.com products, websites, and services (“Services”). Many of our products and/or services previously had separate terms under various names. These Services Agreement replace those separate terms. By offering you the opportunity to subscribe, use, and/or order services, we are making you an offer.
You accept these Terms by opening an account, using the Services, or continuing to use the Services after changes to these Terms. Please read, print, and save a copy of these Terms for your own records as we will not keep a copy for you.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO THESE TERMS AND ENTER INTO A LEGALLY BINDING CONTRACT WITH US. IF YOU ARE ACCESSING OR USING THE WEBSITE AS AN EMPLOYEE OR AGENT ON BEHALF OF ANOTHER PERSON OR ORGANISATION, YOU ALSO AGREE TO THESE TERMS ON BEHALF OF THAT PERSON OR ORGANISATION AND REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND THAT PERSON OR ORGANISATION TO THESE TERMS.
If there is a conflict between the provisions of these Terms and the provisions of any additional terms, the provisions of the additional terms shall apply. These Terms govern the relationship between you and us. No third-party rights are created under these Terms.
1. Your Privacy
Your privacy is important to us. Please read our Privacy Policy (https://go.skuflic.com/privacy) which describes the types of information we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have for processing your Data. The Privacy Policy also describes how we use your Content, which consists of your communications with others, postings you submit to us through the Services, and files, photos, documents, audio files, digital artwork, live broadcasts and videos that you upload, store, post, create, generate and share through the Services, and input data that you submit to generate content (“Your Content”). By using the Services or agreeing to these Terms, you consent to our collection, use and disclosure of Your Content and Data as described in the Privacy Policy.
2. Your content
Many of our Services allow you to create, store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains yours and you are responsible for it.
A. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your content available on the Services, without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. We do not own, control, verify, pay for, endorse or otherwise assume any liability for Your Content and cannot be held responsible for Your Content or the material others upload, store or share using the Services.
B. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve our products and services, you grant us a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising.
3. Code of Conduct
You are accountable for your conduct and content when using the Services.
A. Content, materials, or actions that violate these Terms are not allowed. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
I. Don’t do anything illegal, or try to generate or share content that is illegal.
II. Don’t engage in any activity that exploits, harms, or threatens to harm children.
III. Don’t send spam or engage in phishing, or try to generate or distribute malware. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit. Malware includes any activity designed to cause technical harm, such as delivering malicious executables, organising denial of service attacks or managing command and control servers.
IV. Don’t publicly display or use the Services to generate or share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, self-harm, or criminal activity) or Your Content or material that does not comply with local laws or regulations.
V. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretences, impersonating someone else, creating fake accounts, automating inauthentic activity, generating or sharing content that is intentionally deceptive, manipulating the Services to increase play count, or affect rankings, ratings, or comments) or libellous or defamatory.
VI. Don’t circumvent any restrictions on access to, usage, or availability of the Services (e.g., attempting to “jailbreak” an AI system or impermissible scraping).
VII. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, trying to generate or sharing content that harasses, bullies or threatens others, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
VIII. Don’t violate or infringe upon the rights of others (e.g., unauthorised sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or taking photographs or video/audio recordings of others without their consent for the processing of an individual’s biometric identifiers/information or any other purpose using any of the Services).
IX. Don’t engage in activity that violates the privacy or data protection rights of others.
X. Don’t help others break these rules.
4. Using Third-Party Apps and Services
The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t us) (“Third-Party Apps and Services“). Many of our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept their terms before you can install or use the Third-Party App or Service. You should review the third-party terms and privacy policies before acquiring, using, requesting, or linking your Account to any Third-Party Apps and Services. Any third-party terms do not modify these Terms. We do not license any intellectual property to you as part of any Third-Party Apps and Services. You agree to assume all risk and liability arising from your use of these Third-Party Apps and Services and that we are not responsible for any issues arising out of your use of them. We are not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.
5. Service Availability
A. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. If you change the location associated with your account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region. You agree not to access or use material or Services which are illegal or not licensed for use in the country from which you access or use such material or Services, or to conceal or misrepresent your location or identity in order to access or use such material or Services.
B. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly back up Your Content and Data that you store on the Services or store using Third-Party Apps and Services. You can monitor the status of our services via this website: https://go.skuflic.com/status.
6. Using the Services & Support
A. Account
You’ll need a user account to access many of the Services. Your account lets you sign in to products, websites and services provided by us.
I. Creating an Account
You can create an account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your account. In some cases, a third-party, like your Internet service provider, may have assigned an account to you. If you received your account from a third-party, the third-party may have additional rights over your account, like the ability to access or delete your account. Please review any additional terms the third-party provided you, as we have no responsibility regarding these additional terms. If you create an account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your account.
II. Account Use
You must use your account to keep it active. This means you must sign in at least once in a two-year period to keep your account, and associated Services, active, unless a longer period is provided in additional Terms or in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your account is inactive and will close it for you. Please see section 6.A.IV.2 for the consequences of a closed account. If we reasonably suspect that your account is at risk of being used by a third-party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your account, please visit this website: https://go.skuflic.com/support.
III. Kids and Accounts
By creating an account or using the Services, you accept and agree to be bound by these Terms and represent that you have either reached the age of “majority” or “legal responsibility” where you live or your parent or legal guardian agrees to be bound by these Terms on your behalf. If you do not know whether you have reached the age of “majority” or “legal responsibility” where you live or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the account or Services, including purchases, whether the minor’s account is now open or created later.
IV. Closing Your Account
1. You can cancel specific Services or close your account at any time and for any reason. To close your account, please visit https://go.skuflic.com/support. When you ask us to close your account, you can choose to put it in a suspended state for either 15 or 30 days just in case you change your mind. After that 15- or 30-day period, your account will be closed. Please see section 6.A.IV.2 below for an explanation as to what happens when your account is closed.
2. If your account is closed (whether by you or us), a few things happen. First, your right to use the account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your account or will otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third-party identified by you). You should have a regular backup plan as we won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired.
B. Moderation and Enforcement
Many of our Services that allow you to interact, create, generate, and share content with others leverage safety systems to protect our Services and other users.
I. Policies
Our Code of Conduct identifies what’s prohibited when using our Services. Specific Services have additional policies and community standards applicable to their users.
II. Reporting a Concern
You can report disturbing content or behaviour that may violate the Code of Conduct to [email protected].
III. Review
Where applicable, we may use automated systems and humans to review content to identify suspected spam, viruses, fraud, phishing, malware, jailbreaking, or other illegal or harmful content or conduct.
IV. Enforcement
We reserve the right to deny content if it exceeds limits on storage or file size allowed by the Service. We may block, remove or decline to display content if it appears to violate our Code of Conduct or another Service policy or where required by law. If you violate these terms or Service-Specific Terms, we may take action against your account. This could include limiting access to certain features or Services, stopping providing Services, closing your account immediately or blocking delivery of a communication (like email, file sharing or instant message) to or from the Services. Closure of your access to a Service or your account may result in forfeiture of content licenses, associated content, memberships, and account balances associated with the account. When reviewing alleged violations of these Terms, we reserve the right to review content to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so. For more information about appeals, see https://go.skuflic.com/appeal.
C. Work or School Accounts
You can sign into certain services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that we may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the services may be subject to the agreements we have with you or your organisation and these Terms may not apply. If you already have an account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your account in order to continue accessing such Services.
D. Additional Equipment / Data Plans
To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
E. Service Notifications
When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
F. Support
Customer support for some Services is available at https://go.skuflic.com/support. Support may not be available for preview or beta versions of features or Services. The Services might not be compatible with software or services provided by third parties, and you are responsible for familiarising yourself with compatibility requirements.
G. Ending your Services
If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third-party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your account and have no other account able to access the Services your Services may be canceled immediately.
7. Updates to the Services or Software, and Changes to These Terms
A. We reserve the right, in our sole discretion, to add or change any of the terms of these Terms, without prior notice or any obligation to you. Any changes to the Terms will be effective immediately upon their posting on our website. You agree to periodically review the Terms. You also agree that your use of our Services after any changes to the Terms will constitute your acceptance of such changes. If you do not agree to the new Terms, you must stop using the Services and close your account or other account in accordance with this Agreement, and, if you are a parent or guardian, help your minor child close his or her account.
B. Sometimes you will need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. We aren’t obligated to make any updates available and don’t guarantee that we will support the version of the system for which you purchased or licensed the software, apps, content or other products. Such updates may not be compatible with software or services provided by third parties. You may withdraw your consent to future software updates at any time by uninstalling the software.
C. We are constantly working to improve the Services and we may change the Services, delete some features, or stop providing access to third-party applications and services, in light of this, at any time, including and without limitation, if our contracts with third parties no longer allow us to make their materials available, if we can no longer deliver them, if technology advances or if user feedback indicates that a change is needed. We will notify you in advance if you will not be able to access your content due to changes in the Services. For paid Services, we will notify you in advance of other significant changes to the Services. Except to the extent that we are required to do so under applicable law, we are not obligated to provide you with a re-download or replacement of any materials, digital goods, or previously purchased applications. If we cancel a paid Service, we will refund you a pro rata amount of the payments you have made, which corresponds to the remaining portion of that Service immediately before the cancellation. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
D. So that you can use material protected with digital rights management (DRM), like some music, games, movies, books and more, DRM software may automatically contact an online rights server and download and install DRM updates.
8. Software License
These Terms apply to all software that we provide to you as part of the Services, unless a separate license agreement applies to it. Apps obtained through certain stores owned or managed by us or our affiliates are subject to section 13(B)(I) below.
A. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by us. Notices, if any, for the third-party code are included for your information only.
B. The software is licensed, not sold, and we reserve all rights to the software not expressly granted by us, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
I. circumvent or bypass any technological protection measures in or relating to the software or Services;
II. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
III. separate components of the software or Services for use on different devices;
IV. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless we expressly authorise you to do so;
V. transfer the software, any software licenses, or any rights to access or use the Services;
VI. use the Services in any unauthorised way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
VII. enable access to the Services or modify any device which we authorised by unauthorised third-party applications.
NO WARRANTY: YOU EXPRESSLY AGREE THAT USE OF THE LICENSED PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PRODUCT AND ALL SERVICES PERFORMED OR DELIVERED IN CONNECTION WITH THE LICENSED PRODUCT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ALL SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE LICENSED PRODUCT OR SERVICES PERFORMED OR DELIVERED IN CONNECTION WITH THE LICENSED PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENTS OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORISED REPRESENTATIVE WILL CREATE A WARRANTY. IF A DEFECT IS FOUND IN THE LICENSED APPLICATION OR SERVICE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE CONSUMER LEGAL RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Warranties
As a consumer, you have certain legal rights. These rights include our obligation to provide the Services with reasonable care and skill. Nothing in these terms is intended to limit or remove our liability for our breach of the same, and you have the benefit of legal warranties for conformity and hidden defects under the law of the country to which we send your Services. SUBJECT TO THE WARRANTY SET OUT ABOVE, EXCEPT IN CASES OF HIDDEN DEFECTS IN BAD FAITH OR DEFECTS THAT PREVENT THE USE OF THE SERVICES, THESE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICE. YOU ACCEPT AND AGREE THAT COMPUTER AND TELECOMMUNICATION SYSTEMS ARE NOT ERROR-FREE AND THAT THERE MAY BE OCCASIONAL INTERRUPTIONS. WE CANNOT GUARANTEE THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ON TIME, SECURELY OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND SUPPLIERS MAKE NO CONTRACTUAL WARRANTIES OR CONDITIONS. YOU HAVE ALL MANDATORY LEGALLY GUARANTEED WARRANTIES, BUT WE MAKE NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP AND NON-INFRINGEMENT OF RIGHTS.
By using the products, services, software or applications that we and/or our affiliates provide you, you understand and acknowledge that these services may not comply with the European Union directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
We develop software, applications or products and secure them with all technical protection measures (for example: limited access to individual parts protected by passwords, two-step verification and the like).
In order for the product, service, application or software to comply with the European Union directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data, you must follow all articles listed in the Directive.
You must also implement the methods required by the European Union directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data yourself.
We and/or our affiliates can help you with this, but we are not obligated to do so.
10. Limitation of Liability
A. We are not responsible for your content and materials, nor for other third-party materials, including links to third-party websites and user-enabled activities. Such content and activities cannot be attributed to us nor do they represent our position.
B. We are only liable if there is a breach of the material obligations of the Agreement or if otherwise prescribed by applicable law.
C. We, our authorised representatives and/or our legal representatives will not be liable for any indirect damage, including financial losses, such as lost profits, unless we, our authorised representatives and/or our legal representative acted with gross negligence or wilful misconduct.
D. We are not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond our reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). We will endeavour to minimise the effects of any of these events and to perform the obligations that aren’t affected.
YOU CONFIRM THAT YOU RELEASE US FROM ANY LIABILITY RELATED TO YOUR USE OF OUR PRODUCTS, SERVICES, APPLICATIONS, SOFTWARE AND AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR PARENT COMPANY, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES HARMLESS FROM ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, RESPONSIBILITIES, COSTS OR DEBTS (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF OUR PRODUCTS, SERVICES, APPLICATIONS AND/OR SOFTWARE; (II) YOUR BREACH OF ANY TERM OF THESE RULES; (III) ANY VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION COPYRIGHTS, OWNERSHIP OR PRIVACY RIGHTS; (IV) ANY CLAIMS BY ANY THIRD-PARTY RELATED TO YOUR USE OF OUR PRODUCTS, SERVICES, APPLICATIONS OR SOFTWARE OR CLAIMS ARISING FROM USE OR (V) ANY CLAIMS THAT YOUR USE VIOLATES ANY LAW, RULE OR REGULATION.
The obligation to defend and indemnify remains in force even after the termination of the service, the change of these rules and your use of our products or services.
11. Notices and procedure for making claims of intellectual property infringement
We respect the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please do so at [email protected]. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.
12. Copyright and trademark notices
Services, products, software and/or applications are protected by copyright. Copyright © 2024 Skuflic.com and/or its suppliers. All rights reserved. Skuflic.com, logos and icons of all products, software and services may be trademarks or registered trademarks of Skuflic.com in the Republic of Croatia and/or other countries. Company and product names may also be trademarks of their respective owners. All rights not expressly granted in these Terms are reserved.
13. Non-Acceptance of Terms
THESE SERVICES AGREEMENT REPRESENT AN AGREEMENT BETWEEN YOU AND US. PLEASE READ THEM CAREFULLY. They apply to products, services, software, and/or applications that you have downloaded, ordered, purchased, or received from us, including all updates or supplements to the software, service, or application, unless separate terms are provided with the software, service, or application, in which case those terms apply.
IF YOU DO NOT WISH TO ACCEPT THESE TERMS, YOU HAVE NO RIGHT AND ARE NOT PERMITTED TO DOWNLOAD OR USE THE SOFTWARE, SERVICE, OR APPLICATION.
If you do not agree with the terms of this Agreement, do not install, receive, or use the Software product, application, service, or other. Inquire with the representative on how to return the product or service, and the amount paid will be refunded to you in full (where available). You can request a refund within 14 days of receiving the product or service provided that the product or service has NOT been used, installed, or opened (only for products with packaging).
14. Contracting Party, Choice of Law, Venue for Disputes Resolution, Binding Arbitration, and Waiver of Class Action Rights
You are entering into an agreement with Skuflic.com, PO Box 902, 52109 Pula, Republic of Croatia. The laws of the Republic of Croatia govern all claims related to the Services. These terms will be governed and construed in accordance with Croatian laws, regardless of any conflicts with legal provisions. Croatian laws will apply to all legal disputes that may arise from the Agreement. Furthermore, you agree to submit to the jurisdiction of the Croatian courts, and any legal action taken by you will fall within the exclusive jurisdiction of the Croatian courts. Our failure to enforce or impose any rights or provisions of these terms and requirements will not constitute a waiver of such rights. If a competent court deems any term or requirement invalid, the parties agree that the court will endeavour to provide the parties with acceptable satisfaction in accordance with the provision, and the remaining provisions of the terms and requirements will remain in effect. By this, you authorise us to take steps that we believe are reasonably necessary or appropriate to fulfil and/or verify compliance with any part of this Agreement. You agree that we are authorised, without any liability to you, to disclose any data and/or information to law enforcement authorities, government officials/officers, and/or third parties as we deem reasonably necessary or appropriate to fulfil and/or verify compliance with any part of this Agreement (including, among other things, our right to cooperate in any legal proceeding regarding your use of the Services and/or Content and/or a claim by a third-party that your use of the Services and/or Content is unlawful and/or infringes the rights of such third-party).
We hope that disputes will never arise, but if they do, you and we agree to attempt to resolve the dispute informally within 60 days. If that is not possible, you and we agree to binding individual arbitration conducted by an independent organisation that we authorise, and not to bring claims on court before a judge or jury. Instead, all disputes will be resolved by a neutral arbitrator, whose decision will be final with limited rights of appeal as provided by the Law. Class actions, collective arbitrations, lawsuits by private attorneys, and any other proceedings in which someone acts in a representative capacity are not permitted. Combining individual proceedings without the consent of all parties is also not permitted. “We,” “our,” and “us” include us, the device and service manufacturer, and the party installing the software and/or service. You are responsible for the costs of the dispute, fees, and expenses of the organisation and arbitrator.
A. The term “dispute” is as broad as possible. It includes all claims or disagreements between you and the manufacturer or the party installing the software or between you and us, whether arising from the software and/or service, their pricing, or this agreement, under any legal theory including contract, warranty, tort, laws, and regulations, except disputes relating to the enforcement or validity of intellectual property rights of you, your licensors, us, or our licensors.
B. If you have a dispute that our customer service representatives cannot resolve, mail a Notice of Dispute to the manufacturer or the party installing the software and/or service with the label ATTN: LEGAL DEPARTMENT. If your dispute is with us, send the notice to [email protected]. Provide your name, address, how we can contact you, what the problem is, and what you want. We will do the same if we have a dispute with you. If the dispute is not resolved after 60 days, either you or we can initiate arbitration.
C. You must initiate arbitration for any claim or dispute (except disputes regarding intellectual property) within 30 days from the time it could first be filed. Otherwise, it will be permanently barred.
15. Notices
Medical notice
We do not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services.
Financial notice
We are not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn’t advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither we nor our licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including without limitation, investment or tax advice.
Stock quotes and index data (including index values)
Financial information provided through the Services is for your personal, noncommercial use only. You may not use any of the finance data or marks of any third-party licensor in connection with the issuance, creation, sponsorship, trading, marketing, or promotion of any financial instruments or investment products (for example, indices, derivatives, structured products, investment funds, exchange-traded funds, investment portfolios, etc., where the price, return and/or performance of the instrument or investment product is based on, related to, or intended to track any of the finance data) without a separate written agreement with the third-party licensor.
Notices and Procedures for Making Claims of Intellectual Property Infringement
We respect the intellectual property rights of third parties. If you have any claims regarding intellectual property infringement, including copyright infringement claims, we recommend that you send such notice to our designated agent. In appropriate circumstances, we may disable or terminate the accounts of users of our services who are repeat infringers. Assignment of Agreement At any time, in whole or in part, we may assign, transfer, or otherwise convey our rights and obligations under these Terms of Sale without notifying you. You may not assign or transfer any rights under these Terms of Sale. See article 11 for more information.
High-Risk Activities
Our software, services, and applications are not error-free and are not designed or intended for use in environments or for applications that require error-free performance, such as nuclear facilities, aircraft navigation or communication devices, air traffic control, medical devices, or weapons, where failure could lead to death, serious injury, or severe psychological or environmental damage.
16. Transitional and Final Provisions
We may, in whole or in part, assign or transfer our rights and obligations under these Terms, as well as in any other way release ourselves from such rights and obligations, provided that such assignment, transfer, or release is not to your detriment and may do so at any time and without notice. You may not assign, transfer, or otherwise release these terms or any rights to use the Services. This is the entire agreement between you and us for your use of the Services. It supersedes all prior agreements between you and us regarding your use of the Services. All parts of these Terms apply to the fullest extent permitted by applicable law. If a court or arbitrator finds that we cannot enforce a part of these Terms as written, those terms may be deemed replaced with similar terms to the fullest extent permitted by applicable law, but the rest of these Terms will not change. These Terms are for your and our benefit only. They are not for the benefit of any other person except authorised successors and our successors. Chapter headings are for reference purposes only.
17. Disclaimer of Consumer Protection Rights for End Users
If you are a micro-enterprise, small business, or non-profit organisation, you agree to waive all rights that would otherwise accrue to you under the European Electronic Communications Code (Directive 2018/1972) Article 102, paragraphs 1, 3, and 5; Article 105, paragraph 1; and Article 107, paragraphs 1 and 3.
18. Export Laws
You must comply with all applicable national and international export laws and regulations that apply to the software and/or Services, including destination controls, end-users, and end-use restrictions.
19. Reserved Rights and Feedback
Except as expressly stated in these Terms, we do not grant you a license or any other rights of any kind under any patents, know-how, copyrights, trade secrets, trademarks, or other intellectual property owned by us or any affiliated entity or under their control, including, among others, any product name, commercial equipment, logo, or similar. If you provide us with any ideas, suggestions, recommendations, or feedback, including, among others, ideas for new products, technologies, promotions, product names, product feedback, and product improvements (“Feedback”), you provide them to us without charge, royalty, or any other obligation to you, the right to create Feedback, order their creation, create derivative works from them, use them, share them, and commercialise them in any manner and for any purpose. You agree not to provide Feedback that is subject to a license requiring us to license our software, technology, or documentation to any third-party because we include your Feedback in them.
20. Contact and Additional Inquiries
If you have any further questions regarding these Terms, please contact us via email at [email protected].
This Services Agreement was last updated on March 6th, 2024.