If
you provide any
information that
is untrue,
inaccurate, not
current, or
incomplete, we
have the right
to suspend or
terminate your
account and
refuse any and
all current or
future
use of the
Services (or any
portion
thereof).
4.
SUBSCRIPTIONS
Some parts of the Service are billed on a subscription basis.
Billing
and
Renewal
Your
subscription will
continue and
automatically renew
unless canceled
.
You consent to our
charging
your payment method on a
recurring basis without
requiring your prior
approval
for each recurring
charge, until
such time as you cancel
the
applicable order.
The length of your
billing cycle
is
monthly
or
annual
.
Free
Trial
We
offer a 7-day
free trial
to new users who
register with
the Services.
The
account will be
charged
according to the
user's
chosen
subscription
at
the end of the free
trial.
Cancellation
All
purchases are
non-refundable.
You
can
cancel your
subscription
from
subscription
management page
in
corresponding
application
store.
Your cancellation will
take
effect at the end of the
current
paid term. If you have
any
questions or are
unsatisfied with our
Services,
please email us at
info@kodiko-labs.hr.
Fee
Changes
We
may, from time to
time, make changes to
the
subscription fee and
will
communicate any price
changes to you in
accordance
with applicable
law.
You
may not access
or use
the Services for
any
purpose other
than that
for
which we make
the
Services
available. The
Services may not
be used
in
connection with
any
commercial
endeavors
except those
that are
specifically
endorsed or
approved by
us.
As
a
user
of
the
Services,
you
agree
not
to:
-
Systematically
retrieve
data
or
other
content
from
the
Services
to
create
or
compile,
directly
or
indirectly,
a
collection,
compilation,
database,
or
directory
without
written
permission
from
us.
-
Trick,
defraud,
or
mislead
us
and
other
users,
especially
in
any
attempt
to
learn
sensitive
account
information
such
as
user
passwords.
-
Circumvent,
disable,
or
otherwise
interfere
with
security-related
features
of
the
Services,
including
features
that
prevent
or
restrict
the
use
or
copying
of
any
Content
or
enforce
limitations
on
the
use
of
the
Services
and/or
the
Content
contained
therein.
-
Disparage,
tarnish,
or
otherwise
harm,
in
our
opinion,
us
and/or
the
Services.
-
Use
any
information
obtained
from
the
Services
in
order
to
harass,
abuse,
or
harm
another
person.
-
Make
improper
use
of
our
support
services
or
submit
false
reports
of
abuse
or
misconduct.
-
Use
the
Services
in
a
manner
inconsistent
with
any
applicable
laws
or
regulations.
-
Engage
in
unauthorized
framing
of
or
linking
to
the
Services.
-
Upload
or
transmit
(or
attempt
to
upload
or
to
transmit)
viruses,
Trojan
horses,
or
other
material,
including
excessive
use
of
capital
letters
and
spamming
(continuous
posting
of
repetitive
text),
that
interferes
with
any
party’s
uninterrupted
use
and
enjoyment
of
the
Services
or
modifies,
impairs,
disrupts,
alters,
or
interferes
with
the
use,
features,
functions,
operation,
or
maintenance
of
the
Services.
-
Engage
in
any
automated
use
of
the
system,
such
as
using
scripts
to
send
comments
or
messages,
or
using
any
data
mining,
robots,
or
similar
data
gathering
and
extraction
tools.
-
Delete
the
copyright
or
other
proprietary
rights
notice
from
any
Content.
-
Attempt
to
impersonate
another
user
or
person
or
use
the
username
of
another
user.
-
Upload
or
transmit
(or
attempt
to
upload
or
to
transmit)
any
material
that
acts
as
a
passive
or
active
information
collection
or
transmission
mechanism,
including
without
limitation,
clear
graphics
interchange
formats
(
"gifs"
),
1×1
pixels,
web
bugs,
cookies,
or
other
similar
devices
(sometimes
referred
to
as
"spyware"
or
"passive
collection
mechanisms"
or
"pcms"
).
-
Interfere
with,
disrupt,
or
create
an
undue
burden
on
the
Services
or
the
networks
or
services
connected
to
the
Services.
-
Harass,
annoy,
intimidate,
or
threaten
any
of
our
employees
or
agents
engaged
in
providing
any
portion
of
the
Services
to
you.
-
Attempt
to
bypass
any
measures
of
the
Services
designed
to
prevent
or
restrict
access
to
the
Services,
or
any
portion
of
the
Services.
-
Copy
or
adapt
the
Services'
software,
including
but
not
limited
to
Flash,
PHP,
HTML,
JavaScript,
or
other
code.
-
Except
as
permitted
by
applicable
law,
decipher,
decompile,
disassemble,
or
reverse
engineer
any
of
the
software
comprising
or
in
any
way
making
up
a
part
of
the
Services.
-
Except
as
may
be
the
result
of
standard
search
engine
or
Internet
browser
usage,
use,
launch,
develop,
or
distribute
any
automated
system,
including
without
limitation,
any
spider,
robot,
cheat
utility,
scraper,
or
offline
reader
that
accesses
the
Services,
or
use
or
launch
any
unauthorized
script
or
other
software.
-
Use
a
buying
agent
or
purchasing
agent
to
make
purchases
on
the
Services.
-
Make
any
unauthorized
use
of
the
Services,
including
collecting
usernames
and/or
email
addresses
of
users
by
electronic
or
other
means
for
the
purpose
of
sending
unsolicited
email,
or
creating
user
accounts
by
automated
means
or
under
false
pretenses
.
-
Use
the
Services
as
part
of
any
effort
to
compete
with
us
or
otherwise
use
the
Services
and/or
the
Content
for
any
revenue-generating
endeavor
or
commercial
enterprise.
-
Sell
or
otherwise
transfer
your
profile.
-
Use
the
Services
to
advertise
or
offer
to
sell
goods
and
services.
6. USER
GENERATED
CONTRIBUTIONS
The
Services
does
not
offer
users
to
submit
or
post
content.
We
may
provide
you
with
the
opportunity
to
create,
submit,
post,
display,
transmit,
perform,
publish,
distribute,
or
broadcast
content
and
materials
to
us
or
on
the
Services,
including
but
not
limited
to
text,
writings,
video,
audio,
photographs,
graphics,
comments,
suggestions,
or
personal
information
or
other
material
(collectively,
"Contributions"
).
Contributions
may
be
viewable
by
other
users
of
the
Services
and
through
third-party
websites.
As
such,
any
Contributions
you
transmit
may
be
treated
in
accordance
with
the
Services'
Privacy
Policy.
When
you
create
or
make
available
any
Contributions,
you
thereby
represent
and
warrant
that:
-
The
creation,
distribution,
transmission,
public
display,
or
performance,
and
the
accessing,
downloading,
or
copying
of
your
Contributions
do
not
and
will
not
infringe
the
proprietary
rights,
including
but
not
limited
to
the
copyright,
patent,
trademark,
trade
secret,
or
moral
rights
of
any
third
party.
-
You
are
the
creator
and
owner
of
or
have
the
necessary
licenses
,
rights,
consents,
releases,
and
permissions
to
use
and
to
authorize
us,
the
Services,
and
other
users
of
the
Services
to
use
your
Contributions
in
any
manner
contemplated
by
the
Services
and
these
Legal
Terms.
-
You
have
the
written
consent,
release,
and/or
permission
of
each
and
every
identifiable
individual
person
in
your
Contributions
to
use
the
name
or
likeness
of
each
and
every
such
identifiable
individual
person
to
enable
inclusion
and
use
of
your
Contributions
in
any
manner
contemplated
by
the
Services
and
these
Legal
Terms.
-
Your
Contributions
are
not
false,
inaccurate,
or
misleading.
-
Your
Contributions
are
not
unsolicited
or
unauthorized
advertising,
promotional
materials,
pyramid
schemes,
chain
letters,
spam,
mass
mailings,
or
other
forms
of
solicitation.
-
Your
Contributions
are
not
obscene,
lewd,
lascivious,
filthy,
violent,
harassing,
libelous
,
slanderous,
or
otherwise
objectionable
(as
determined
by
us).
-
Your
Contributions
do
not
ridicule,
mock,
disparage,
intimidate,
or
abuse
anyone.
-
Your
Contributions
are
not
used
to
harass
or
threaten
(in
the
legal
sense
of
those
terms)
any
other
person
and
to
promote
violence
against
a
specific
person
or
class
of
people.
-
Your
Contributions
do
not
violate
any
applicable
law,
regulation,
or
rule.
-
Your
Contributions
do
not
violate
the
privacy
or
publicity
rights
of
any
third
party.
-
Your
Contributions
do
not
violate
any
applicable
law
concerning
child
pornography,
or
otherwise
intended
to
protect
the
health
or
well-being
of
minors.
-
Your
Contributions
do
not
include
any
offensive
comments
that
are
connected
to
race,
national
origin,
gender,
sexual
preference,
or
physical
handicap.
-
Your
Contributions
do
not
otherwise
violate,
or
link
to
material
that
violates,
any
provision
of
these
Legal
Terms,
or
any
applicable
law
or
regulation.
Any
use
of
the
Services
in
violation
of
the
foregoing
violates
these
Legal
Terms
and
may
result
in,
among
other
things,
termination
or
suspension
of
your
rights
to
use
the
Services.
You
and Services
agree that
we may access,
store,
process, and use
any
information and
personal
data that you
provide
following the
terms of
the
Privacy
Policy
and your
choices
(including
settings).
By
submitting suggestions
or other
feedback regarding the
Services,
you agree that
we can use and share
such
feedback for any purpose
without
compensation to you.
We
do
not assert any ownership
over
your Contributions. You
retain
full ownership of
all of your
Contributions and
any intellectual
property rights
or other
proprietary rights
associated
with your Contributions.
We are
not liable for any
statements or
representations in
your Contributions
provided by
you in any area
on the Services. You are
solely
responsible for your
Contributions to the
Services and you
expressly agree
to exonerate us from any
and all
responsibility
and to refrain from any
legal
action against us
regarding your
Contributions.
8. MOBILE
APPLICATION LICENSE
Use
License
If
you
access the Services via
the App,
then we grant you a
revocable,
non-exclusive,
non-transferable,
limited right
to install and use the
App on
wireless
electronic devices owned
or
controlled by you, and
to access
and use the App on
such devices strictly in
accordance with the
terms and
conditions of this
mobile
application license
contained in these Legal
Terms. You shall not:
(1) except
as permitted by
applicable law,
decompile,
reverse engineer,
disassemble,
attempt to derive the
source
code of, or decrypt
the App; (2) make any
modification,
adaptation,
improvement,
enhancement,
translation, or
derivative work
from the App; (3)
violate any
applicable laws,
rules, or regulations in
connection with your
access or
use of the App; (4)
remove, alter, or
obscure any
proprietary notice
(including
any notice of
copyright or trademark)
posted
by us or the licensors
of the
App; (5) use the
App for any
revenue-generating
endeavor,
commercial enterprise,
or
other purpose for which
it is
not designed or
intended; (6)
make the App
available over a network
or
other environment
permitting
access or use by
multiple devices or
users at the
same time; (7) use the
App for
creating a
product, service, or
software
that is, directly or
indirectly,
competitive with
or in any way a
substitute for
the App; (8) use the App
to send
automated
queries to any website
or to
send any unsolicited
commercial
email; or (9) use
any proprietary
information or
any of our interfaces or
our
other intellectual
property in the design,
development,
manufacture,
licensing, or
distribution of
any applications,
accessories,
or devices for use with
the
App.
Apple
and Android
Devices
The
following terms apply
when you
use the App obtained
from either
the Apple Store
or Google Play (each an
"App
Distributor")
to access the Services:
(1)
the license
granted to you for our
App is
limited to a
non-transferable
license
to use the application
on a
device that utilizes
the Apple iOS or Android
operating systems, as
applicable, and in
accordance
with the usage rules set
forth in the applicable
App
Distributor’s terms of
service;
(2) we are
responsible for
providing any
maintenance and support
services
with respect to
the App as specified in
the
terms and conditions of
this
mobile application license
contained in these Legal
Terms
or as otherwise required
under
applicable law, and you
acknowledge that each
App
Distributor has no
obligation
whatsoever to furnish
any
maintenance and support
services with respect to
the
App; (3) in the event of
any
failure of the App to
conform to any
applicable
warranty, you may notify
the
applicable App
Distributor, and the App
Distributor, in
accordance with
its terms and policies,
may refund the purchase
price,
if any, paid for the
App, and to
the maximum
extent permitted by
applicable
law, the App Distributor
will
have no other
warranty obligation
whatsoever
with respect to the App;
(4) you
represent and
warrant that (i) you are
not
located in a country
that is
subject to a US
government embargo, or
that has
been designated by the
US
government as a "terrorist
supporting"
country and (ii) you are
not
listed on any US
government list
of prohibited or
restricted
parties; (5) you
must comply with
applicable
third-party terms of
agreement
when using the App,
e.g.,
if you have a
VoIP
application, then you
must not
be in violation of
their wireless data
service
agreement when using the
App;
and (6) you
acknowledge and agree
that the
App Distributors are
third-party
beneficiaries of
the terms and conditions
in this
mobile application license
contained in these Legal
Terms, and that each App
Distributor will have
the right
(and will be deemed to
have accepted the right)
to
enforce the terms and
conditions
in this mobile
application license
contained in these Legal
Terms
against you as a
third-party
beneficiary
thereof.
9. THIRD-PARTY
WEBSITES AND CONTENT
The
Services
may contain (or you may be sent
via the
App
)
links to other websites ("Third-Party
Websites")
as well as articles,
photographs,
text, graphics, pictures,
designs,
music, sound, video,
information,
applications,
software, and other content or
items
belonging to or originating from
third
parties (
"Third-Party Content").
Such Third-Party
Websites and Third-Party
Content are not investigated,
monitored, or checked for
accuracy,
appropriateness, or completeness
by us,
and we are
not responsible for any
Third-Party
Websites accessed through the
Services
or any Third-Party
Content posted on, available
through, or installed from the
Services,
including the content, accuracy,
offensiveness,
opinions, reliability, privacy
practices, or other policies of
or
contained in the Third-Party
Websites or the Third-Party
Content. Inclusion of, linking
to, or permitting the use or
installation of any Third-Party
Websites or any Third-Party Content
does not imply
approval or endorsement thereof
by us.
If you decide to leave the
Services and
access
the Third-Party
Websites or to use or install
any Third-Party
Content, you do so at your
own risk, and you should be
aware these
Legal Terms no longer govern.
You should
review
the applicable terms and
policies,
including privacy and data
gathering
practices, of
any website to which you
navigate from
the Services or relating to any
applications you
use or install from the
Services. Any
purchases you make through Third-Party
Websites will be through other
websites and from other
companies, and
we take no responsibility
whatsoever in
relation
to such purchases which are
exclusively
between you and the applicable
third
party. You
agree and acknowledge that we do
not
endorse the products or services
offered
on Third-Party
Websites and you shall hold us
blameless from any harm caused
by your
purchase of such products or
services.
Additionally, you shall hold us
blameless from any losses
sustained by
you or harm
caused to you relating to or
resulting
in any way from any Third-Party
Content or any contact with
Third-Party
Websites.
10. SERVICES
MANAGEMENT
We reserve the
right,
but
not the obligation, to: (1) monitor the
Services
for violations of these Legal Terms; (2)
take
appropriate legal action against anyone
who, in
our sole discretion, violates the law or
these
Legal Terms, including without
limitation,
reporting such user to law enforcement
authorities;
(3) in our sole discretion and without
limitation, refuse, restrict access to,
limit
the
availability of, or disable (to the
extent
technologically feasible) any of your
Contributions
or any portion thereof; (4) in our sole
discretion and without limitation,
notice, or
liability,
to remove from the Services or otherwise
disable
all files and content that are excessive
in
size or are in any way burdensome to our
systems; and (5) otherwise manage the
Services
in a
manner designed to protect our rights
and
property and to facilitate the proper
functioning of
the Services.
11. PRIVACY
POLICY
We
care about
data privacy and security.
Please review
our Privacy
Policy:
https://peakwatts.app/privacy
. By
using the
Services, you agree to be bound
by our
Privacy
Policy, which is incorporated
into these
Legal Terms. Please be advised
the
Services are
hosted in
Germany
.
If
you access the Services from any
other
region of
the world with laws or other
requirements governing personal
data
collection, use, or
disclosure that differ from
applicable
laws in
Germany
,
then through your continued use
of the
Services,
you are transferring your data
to
Germany
,
and
you expressly consent to have
your data
transferred to and processed in
Germany
.
Further,
we do
not
knowingly
accept,
request,
or
solicit
information
from
children
or
knowingly
market
to
children.
Therefore,
in
accordance
with
the U.S.
Children’s
Online
Privacy
Protection
Act,
if we
receive
actual
knowledge
that
anyone
under
the age
of
13 has
provided
personal
information
to
us
without
the
requisite
and
verifiable
parental
consent,
we will
delete
that
information
from
the
Services
as
quickly
as is
reasonably
practical.
12. TERM
AND
TERMINATION
These
Legal
Terms shall remain in full force
and
effect while you use the
Services.
WITHOUT LIMITING
ANY OTHER PROVISION OF THESE
LEGAL
TERMS, WE RESERVE THE RIGHT TO,
IN OUR
SOLE
DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND
USE OF THE
SERVICES
(INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR
ANY REASON
OR FOR NO
REASON, INCLUDING WITHOUT
LIMITATION FOR
BREACH OF ANY REPRESENTATION,
WARRANTY,
OR
COVENANT CONTAINED IN THESE
LEGAL TERMS
OR OF ANY APPLICABLE LAW OR
REGULATION.
WE MAY
TERMINATE YOUR USE OR
PARTICIPATION IN
THE SERVICES OR DELETE
ANY CONTENT OR
INFORMATION
THAT YOU POSTED AT ANY
TIME,
WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If
we terminate
or suspend your account for any
reason,
you are prohibited from
registering and
creating
a new account under your name, a
fake or
borrowed name, or the name of
any third
party,
even if you may be acting on
behalf of
the third party. In addition to
terminating or
suspending your account, we
reserve the
right to take appropriate legal
action,
including without limitation
pursuing
civil, criminal, and injunctive
redress.
13. MODIFICATIONS
AND
INTERRUPTIONS
We
reserve the
right to change, modify, or
remove the
contents of the Services at any
time or
for any
reason at our sole discretion
without
notice. However, we have no
obligation
to update
any information on our
Services.
We will not be
liable to you or any third party
for any
modification, price change,
suspension,
or
discontinuance of the
Services.
We
cannot
guarantee the Services will be
available
at all times. We may experience
hardware,
software, or other problems or
need to
perform maintenance related to
the
Services,
resulting in interruptions,
delays, or
errors. We reserve the right to
change,
revise,
update, suspend, discontinue, or
otherwise modify the Services at
any
time or for any
reason without notice to you.
You agree
that we have no liability
whatsoever for
any
loss, damage, or inconvenience
caused by
your inability to access or use
the
Services
during any downtime or
discontinuance of
the Services. Nothing in these
Legal
Terms will
be construed to obligate us to
maintain
and support the Services or to
supply
any
corrections, updates, or
releases in
connection
therewith.
14. GOVERNING
LAW
These
Legal
Terms are governed by and
interpreted
following the laws of
Croatia
, and the use of the
United
Nations Convention of Contracts
for the
International
Sales of Goods is expressly
excluded. If
your habitual residence is in
the EU,
and you
are a consumer, you additionally
possess
the protection provided to you
by
obligatory
provisions of the law in your
country to
residence. Kodiko
Labs
d.o.o. and
yourself both
agree to submit to the
non-exclusive
jurisdiction
of the courts of Slavonski
Brod, which means
that you
may
make a claim to defend your
consumer
protection rights in regards to
these
Legal Terms
in
Croatia
, or in the EU country in
which
you reside.
15. DISPUTE
RESOLUTION
Informal Negotiations
To
expedite
resolution and control the cost
of any
dispute,
controversy, or claim related to
these
Legal Terms (each a
"Dispute" and
collectively, the
"Disputes"
) brought by either you or
us
(individually, a
"Party" and collectively, the
"Parties"),
the Parties agree to first
attempt to
negotiate any Dispute (except
those
Disputes
expressly provided below)
informally for
at least thirty
(30)
days before initiating
arbitration. Such informal
negotiations
commence upon
written notice from one Party to
the
other Party.
Binding Arbitration
Any
dispute arising from the relationships
between
the Parties to these Legal Terms shall
be
determined by one arbitrator who will be
chosen
in accordance with the Arbitration and
Internal
Rules of the European Court of
Arbitration being
part of the European Centre of
Arbitration
having its seat in Strasbourg, and which
are in
force at the time the application for
arbitration is filed, and of which
adoption of
this clause constitutes acceptance. The
seat of
arbitration shall be
Slavonski
Brod,
Croatia
. The
language of
the proceedings shall be
English. Applicable rules
of
substantive law shall be the law of
Croatia
.
Restrictions
The
Parties agree that any arbitration shall
be
limited to the Dispute between the
Parties
individually. To the full extent
permitted by
law, (a) no arbitration shall be joined
with any
other proceeding; (b) there is no right
or
authority for any Dispute to be
arbitrated on a
class-action basis or to utilize
class action procedures; and (c) there
is no
right or authority for any Dispute to be
brought
in a purported representative capacity
on
behalf of the general public or any
other
persons.
Exceptions
to Informal Negotiations and
Arbitration
The
Parties
agree that the following Disputes are
not
subject
to the above provisions concerning
informal
negotiations binding arbitration: (a)
any
Disputes
seeking to enforce or protect, or
concerning the
validity of, any of the intellectual
property
rights of a Party; (b) any Dispute
related to,
or arising from, allegations of theft,
piracy,
invasion of privacy, or unauthorized
use; and (c) any claim for injunctive
relief.
If this provision is found to be illegal
or
unenforceable, then neither Party will
elect to
arbitrate any Dispute falling within
that
portion of this provision found to be
illegal or
unenforceable and such Dispute shall be
decided
by a court of competent jurisdiction
within the
courts listed for jurisdiction above,
and the
Parties agree to submit to the personal
jurisdiction of that court.
16. CORRECTIONS
There
may be information on the Services that
contains
typographical errors, inaccuracies, or
omissions, including descriptions,
pricing,
availability, and various other
information. We
reserve the right to correct any errors,
inaccuracies, or omissions and to change
or
update the
information on the Services at any time,
without
prior notice.
17.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN
AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR
USE OF THE SERVICES WILL BE AT
YOUR SOLE
RISK.
TO THE FULLEST EXTENT PERMITTED
BY LAW,
WE DISCLAIM ALL WARRANTIES,
EXPRESS OR
IMPLIED,
IN CONNECTION WITH THE SERVICES
AND YOUR
USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE
IMPLIED WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO
WARRANTIES
OR REPRESENTATIONS ABOUT THE
ACCURACY OR
COMPLETENESS OF THE SERVICES'
CONTENT OR
THE CONTENT OF ANY WEBSITES OR
MOBILE
APPLICATIONS LINKED TO THE
SERVICES AND
WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND
MATERIALS,
(2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF
ANY NATURE
WHATSOEVER, RESULTING FROM YOUR
ACCESS
TO AND
USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE
SERVERS
AND/OR ANY AND ALL PERSONAL
INFORMATION
AND/OR FINANCIAL INFORMATION
STORED
THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE
SERVICES,
(5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE
LIKE
WHICH MAY BE TRANSMITTED TO OR
THROUGH
THE SERVICES
BY ANY THIRD PARTY, AND/OR (6)
ANY
ERRORS OR OMISSIONS IN ANY
CONTENT AND
MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY
KIND
INCURRED AS A RESULT OF THE USE
OF ANY
CONTENT
POSTED, TRANSMITTED, OR
OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE
DO NOT
WARRANT,
ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT
OR
SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH
THE
SERVICES, ANY HYPERLINKED
WEBSITE, OR
ANY WEBSITE
OR MOBILE APPLICATION FEATURED
IN ANY
BANNER OR OTHER ADVERTISING, AND
WE WILL
NOT BE A
PARTY TO OR IN ANY WAY BE
RESPONSIBLE
FOR MONITORING ANY TRANSACTION
BETWEEN
YOU AND ANY
THIRD-PARTY PROVIDERS OF
PRODUCTS OR
SERVICES. AS WITH THE PURCHASE
OF A
PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN
ANY
ENVIRONMENT, YOU SHOULD USE YOUR
BEST
JUDGMENT
AND EXERCISE CAUTION
WHERE
APPROPRIATE.
18. LIMITATIONS
OF
LIABILITY
IN
NO EVENT
WILL WE OR OUR
DIRECTORS,
EMPLOYEES, OR AGENTS BE
LIABLE
TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT,
INDIRECT,
CONSEQUENTIAL,
EXEMPLARY,
INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES,
INCLUDING
LOST PROFIT, LOST
REVENUE, LOSS
OF DATA, OR OTHER
DAMAGES ARISING FROM
YOUR USE OF
THE SERVICES, EVEN IF WE
HAVE
BEEN ADVISED OF
THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING
ANYTHING
TO
THE
CONTRARY
CONTAINED
HEREIN,
OUR
LIABILITY
TO
YOU
FOR
ANY
CAUSE
WHATSOEVER
AND
REGARDLESS
OF
THE
FORM
OF
THE
ACTION,
WILL
AT
ALL
TIMES
BE
LIMITED
TO
THE
AMOUNT
PAID,
IF
ANY,
BY
YOU
TO
US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN
US
STATE LAWS AND INTERNATIONAL
LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED
WARRANTIES
OR THE EXCLUSION OR LIMITATION
OF
CERTAIN
DAMAGES. IF THESE LAWS APPLY TO
YOU,
SOME OR ALL OF THE ABOVE
DISCLAIMERS OR
LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU
MAY HAVE
ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree
to
defend, indemnify, and hold us
harmless,
including our subsidiaries,
affiliates, and all of our
respective
officers, agents, partners, and
employees, from and against any
loss,
damage, liability, claim, or
demand,
including
reasonable attorneys’ fees and
expenses,
made by any third party due to
or
arising out of:
(1)
use of the Services;
(2)
breach of these Legal
Terms;
(3)
any breach of your
representations and
warranties
set forth in these Legal
Terms;
(4)
your violation of the
rights of
a third party, including
but not
limited to intellectual
property
rights; or
(5)
any overt harmful act
toward any
other user of the
Services with
whom you connected via
the
Services.
Notwithstanding the
foregoing,
we reserve the right, at
your
expense, to assume
the exclusive defense
and control of any
matter for
which you are required
to
indemnify us, and you
agree to
cooperate, at your
expense, with our defense
of such claims. We will
use
reasonable efforts to
notify you
of any such claim,
action, or
proceeding which
is subject to this
indemnification upon
becoming
aware of it.
20. USER
DATA
We will
maintain
certain data that you transmit
to the
Services for the purpose of
managing the
performance of the Services, as
well as
data relating to your use of the
Services.
Although we perform regular
routine
backups
of data, you are solely
responsible for
all data that you transmit or
that
relates to any activity you have
undertaken using the Services.
You agree
that we shall have no liability
to you
for any loss or corruption of
any such
data, and you hereby waive any
right of
action against us arising from
any such
loss or corruption of such
data.
21. ELECTRONIC
COMMUNICATIONS,
TRANSACTIONS,
AND
SIGNATURES
Visiting
the Services, sending us emails,
and
completing online forms
constitute
electronic communications. You
consent
to receive
electronic communications, and
you agree
that all agreements, notices,
disclosures, and
other communications we provide
to you
electronically, via email and on
the
Services,
satisfy any legal requirement
that such
communication be in writing. YOU
HEREBY
AGREE TO
THE USE OF ELECTRONIC
SIGNATURES,
CONTRACTS, ORDERS, AND OTHER
RECORDS,
AND TO
ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF
TRANSACTIONS
INITIATED OR
COMPLETED BY US OR VIA THE
SERVICES. You
hereby waive any rights or
requirements
under
any statutes, regulations,
rules,
ordinances, or other laws in any
jurisdiction which
require an original signature or
delivery or retention of
non-electronic
records, or to
payments or the granting of
credits by
any means other than electronic
means.
22. CALIFORNIA
USERS AND
RESIDENTS
If any
complaint
with us is not satisfactorily
resolved,
you can contact the Complaint
Assistance Unit of the Division
of
Consumer Services of the
California
Department of Consumer Affairs
in
writing at 1625 North Market
Blvd.,
Suite N
112, Sacramento, California
95834 or by
telephone at (800) 952-5210 or
(916)
445-1254.
23. MISCELLANEOUS
These Legal
Terms and any policies or
operating
rules posted by us on the
Services or in
respect to the Services
constitute the
entire
agreement and understanding
between you
and us. Our failure to exercise
or
enforce any
right or provision of these
Legal Terms
shall not operate as a waiver of
such
right or
provision. These Legal Terms
operate to
the fullest extent permissible
by law.
We may
assign any or all of our rights
and
obligations to others at any
time. We
shall not be
responsible or liable for any
loss,
damage, delay, or failure to act
caused
by any cause
beyond our reasonable control.
If any
provision or part of a provision
of
these Legal
Terms is determined to be
unlawful,
void, or unenforceable, that
provision
or part of
the provision is deemed
severable from
these Legal Terms and does not
affect
the
validity and enforceability of
any
remaining provisions. There is
no joint
venture,
partnership, employment or
agency
relationship created between you
and us
as a result of
these Legal Terms or use of the
Services. You agree that these
Legal
Terms will not be
construed against us by virtue
of having
drafted them. You hereby waive
any and
all defenses
you may have based on the
electronic form of these Legal
Terms and
the lack of
signing by the parties hereto to
execute
these Legal Terms.
24. CONTACT
US
In order to
resolve a complaint regarding
the
Services or to receive further
information regarding use of the
Services, please contact
us at:
Kodiko
Labs
d.o.o.
Hanibala
Lucića
126
Slavonski
Brod
35000
Croatia
Phone:
+385953949201
info@kodiko-labs.hr
