09. 09. 2024

General business conditions
Geniuso application Smart Kids

1. INTRODUCTION

1.1. These general terms and conditions (hereinafter referred to as "GTC" ) regulate the legal relationship and the resulting rights and obligations between the company Geniuso , s.r.o. as the Provider and the User in connection with the use of the Application called Geniuso Smart Kids (hereinafter referred to as the "Application") and the services provided by it.

1.2. These GTC apply to everyone who uses the Application and the services associated with it. The use of the Application and the services provided by it is conditional on the User's consent to these GTC and their subsequent compliance. By voluntarily submitting the registration form with the request to create an Administrator account, the user confirms that he has familiarized himself with the wording of these GTC and agrees with them. By confirming these GTC for a legal entity, the User also declares that he is authorized to act on behalf of this entity.

1.3. The contractual relationship between the Provider and the User is established upon approval of the created Administrator account. The content of the contract concluded in this way is made up of these General Terms and Conditions in effect on the day the Administrator account was created and as amended later. The contract is concluded for the duration of the Administrator account and expires on the day the Administrator account is deleted and/or on the day the Provider terminates the operation of the Application.

2. DEFINITIONS OF TERMS

2.1. The provider is the company Geniuso, s. r. o., with its registered office at Rudohorská 33, 974 11, Banská Bystrica, ID: 43969721, registered in the Commercial Register maintained at the Municipal Court Bratislava III, section Sro , insert number 50388/B.

2.2. The user is a legal or natural person who acts exclusively within the scope of his business activity, employment or profession in the field of education and at the same time who, through his own employees, uses the Application in the educational process that he directly provides.

2.3. The parties to the contract are the Provider and the User.

2.4. The application is a software solution of the Provider in the form of a digital platform called " Geniuso Smart Kids ", the purpose of which is to enable Users to access digital content intended for educational purposes through a graphical user interface (GUI).

2.5. Digital content consists of individual digital interactive books and other digital materials intended for the education of children and youth.

2.6. An administrator account is a User's unique access to the Application created on the basis of the User's registration approved by the Provider. Through administrator access, the User is entitled to set up unique user accounts for his employees through which they will use the Application.

2.7. A user account is a unique access created by the User to the digital content of the Application.

2.8. A mobile device is a mobile phone, tablet or other device that meets the hardware and software requirements for installing and using the Application.

3. APPLICATION

3.1. To ensure the proper functioning of the digital content of the Application, it is necessary to always connect the computer or mobile device to the Internet.

3.2. The Provider mainly provides the following services to the User:

3.2.1 time-limited free access to the Application user interface, operation and maintenance of the Application;

3.2.2 access to the digital content of the Application in the following versions:

3.2.2.1   free time-limited, but content-limited access in the form of samples ( demo versions) of individual digital products.

3.2.2.2   free content-unlimited access to selected digital content, but time-limited for the duration of the trial period of 3 days, unless the contracting parties agree otherwise.

3.2.2.3   prepaid time-limited (for the duration of the Subscription), but content-unlimited access to selected digital content, which the User subscribes to based on his own decision.

3.3. The User is entitled to use the Application and its digital content from any suitable device that has access to the Internet and allows browsing of websites and/or installation of the Application on a mobile device, but the Provider does not guarantee to the User that the Application will be accessible from any device. The user is entitled to use the provided services on a maximum of ten mobile devices or computers at the same time, unless the parties agree otherwise.

3.4. The application is accessible to the User:

3.4.1 on devices with a Windows or Mac operating system with access via a commonly available web browser at the internet address app.geniuso.sk

and/or

3.4.2 on devices with the Android or iOS or iPadOS operating system . For the proper functionality of the Application and the services provided by it on mobile devices, its installation is essential. The application is freely available for download for Users in GOOGLE PLAY or APP STORE.

3.5. To use the digital content of the Application, the User is obliged to identify himself through his user account. The Provider will allow the User to create a maximum of 10 user accounts through the created Administrator account, through which the User will use the Application.

The creation of an Administrator account is subject to approval by the Provider. Based on the User's registration, the Provider verifies the User's eligibility (User's registration data) and either approves or rejects the registration within 3 working days. The User will be informed about the result to the email address he provided during registration. The user acknowledges that he has no legal right to create an Administrator account.

3.6. The application is available to the User in the territory of the European Union, unless the contracting parties agree otherwise.

3.7. The User is not authorized to allow a third party to use the Application, i.e. a person who is not an employee of the User and does not use the Application only for the User's educational purposes and/or a person who is not trained by the User on the User's premises. In the event of a violation of this provision, the Provider is entitled to unilaterally terminate the contractual relationship with immediate effect and limit the User's access to the Application without any compensation.

3.8. The Provider may unilaterally limit the User's access to the Application and its functionalities and/or to digital content for an unavoidably long period of time without any compensation for damage caused by the non-functionality of the Application in the following cases:

3.8.1. if the User violates these GTC in any way;

3.8.2. during planned maintenance and updating of the Application and/or hardware equipment used to operate the Application;

3.8.3. in case of technical problems and outages that prevent proper use of the Application

3.9. The Provider reserves the right to ask the User to provide feedback, comments or other information (hereinafter referred to as "feedback"). By providing feedback, the User agrees that the Provider may use this feedback to improve the Application or for any other purpose in accordance with applicable laws.

3.10. The Provider reserves the right to issue updates to the Application that may directly or indirectly affect its functioning. The User is not obliged to download and install these updates, but in such a case the Provider does not guarantee the correct functionality of the Application.

4. LICENSE

4.1. The user is aware that the Application, as well as its digital content according to these GTC, is a work of authorship within the meaning of Act no. 185/2015 Coll. Copyright Act, as amended, and is therefore protected under this Act. The Provider declares that it has the right to grant licenses to third parties for the use of the Application and its digital content.

4.2. Based on these GTC, the Provider grants the User:

• license to use the platform called " Geniuso Smart Kids " under the conditions specified in point 4.3 of this article of the General Terms and Conditions;
• a license to use the digital content of the Application under the conditions specified in point 4.4 of this article of the GTC.

(hereinafter collectively as "Licenses" or individually as "License" )

4.3. The Provider grants the User a personal, non-exclusive, revocable license to use the graphical user interface (GUI) free of charge. The license is granted for the duration of the Administrator account or until the User's access to the Application is restricted or excluded.

4.4. The Provider grants the User a personal, non-exclusive, revocable and time-limited license to use the digital content of the Application in the following versions:

4.4.1. content-limited version of individual digital products ( demo version). The license is granted for the duration of the Administrator account or until the User's access to the Application is restricted or excluded.

4.4.2. content-unlimited version of individual digital products accessible to the User during the trial period. To the extent of this license, the user is entitled to temporary access to the digital content during the trial period.

4.4.3. a content-unlimited version of individual digital products accessible to the User based on the payment of a prepaid subscription. To the extent of this license, the user is entitled to temporary access to the digital content during the subscription period.

4.5. Licenses are granted to the User for the territory of the European Union, unless the Provider decides otherwise.

4.6. By creating an Administrator Account and/or downloading and installing the Application, the User does not acquire any rights to the Applications, except for the right to use the Application in accordance with these GTC.

4.7. The subject of the licenses is not the authorization to change, modify or in any other way process the Application or any part of it and/or create derivative works from the Application or any part of it, regardless of their nature or form. The license does not include the right to use any image works and trademarks that are available in the graphical user interface (GUI). The User expressly undertakes to observe the prohibition of reverse engineering or any other similar form/procedure of making a copy or derivative of the Application or any part thereof.

4.8. The user is not authorized to assign or sublicense the license granted under these GTC, even partially. The licenses provided expire upon the termination of the User.

4.9. The provisions of this article of the General Terms and Conditions also apply appropriately to any updates to the Application, which will change or supplement the original Application.

5. PRELIMINARY

5.1. The Provider does not charge the User any fees for using the GUI of the Application, however, if the User is interested in accessing unlimited digital content of the Application, the User is obliged to pay a fee to the Provider (hereinafter referred to as " subscription ").

5.2. The time period of the subscription is twelve consecutive calendar months.

5.3. The subscription is payable in advance, while the User gets access to unlimited digital content of the entire library at the moment of payment of the subscription , unless the contractual parties agree otherwise.

5.4. The subscription price for the complete digital content of the Application library is published on the website app.geniuso.sk. The provider reserves the right to change the price, and any change will be applied only when the subscription is renewed. The Provider informs the User about the price change by e-mail at least three months before the end of the current subscription period.

5.5. The User pays the subscription for the digital content chosen by him without cash on the basis of a properly issued proforma invoice, which the Provider sends to the User's email on the day of approval of his registration. The Provider will send a properly issued invoice to the User's e-mail within 3 working days after the funds have been credited to the User's bank account. The stated provision of this point applies in its full extent unless the contracting parties agree otherwise.

5.6. The user can cancel his subscription at any time, but no later than on the last day of the subscription period. Subscription cancellation will take effect the day after the last day of the current subscription period.

If the User does not cancel the subscription, the subscription will be automatically renewed on the anniversary date of the start of the subscription for the next 12 months. The Provider will send to the User's email a pro forma invoice for the next 12 months no later than 30 days before the anniversary date of the start of the annual subscription. Based on its payment, the Provider will send the User a properly issued invoice.

5.7 . The User is not obliged to use the pre-paid digital content, but the Provider is entitled to the subscription in full during the entire duration of the subscription, regardless of whether the User actually used the digital content during the pre-paid period.

5.8. In the event of non-payment of the subscription, the Provider reserves the right to immediately restrict the User's access to content-unlimited digital content until the subscription is properly paid.

5.9. In connection with the use of the Application, the User may incur costs for internet connection or mobile data transmission provided by his telecommunication or data service provider on the basis of a separate contract. All these costs are covered by the User in full.

6. SECURITY OF LOGIN DATA

6.1. When registering or changing login data, the user is obliged to create and use a password that meets the following minimum security requirements:

• Length: Password must contain at least 8 characters.
• Complexity : The password must contain a combination of upper and lower case letters, numbers and special characters (such as !, @, #, $).
• Uniqueness: The password must not be the same or similar to a previous password or contain personal information or commonly used words.

6.2. The user is obliged to protect his device and, in particular, access to the digital content of the Application against unauthorized access by a third party, against loss, theft, embezzlement or other misuse of login data.

6.3. The user undertakes:

6.3.1. change your password regularly, at least once every 3 months. In case of suspicion of misuse of the password, the User is obliged to immediately change the password and inform the Provider about possible misuse.

6.3.2. ensure the confidentiality and secrecy of your login information, do not share your password with third parties and keep your password secret, in particular by ensuring that your password is not stored in easily accessible places or in non-secure formats such as text files or notes on the device.

6.4. In case of suspicion of breach of security of login data or in case of abuse of login data, the User is obliged to immediately notify the Provider of this fact to the e-mail address  app.support@geniuso.sk. The notification must include details of the suspected abuse, including the time and circumstances of the discovery of the abuse. This does not affect the User's responsibility for any damage caused to the Provider.

6.5. The Provider undertakes to ensure the protection of the User's login data against unauthorized intervention or their misuse by third parties.

7. TERMINATION OF THE CONTRACTUAL RELATIONSHIP

7.1. Termination of the contractual relationship by the User

7.1.1 . The User is entitled to unilaterally terminate the contractual relationship between the Provider and the User at any time without giving a reason and without a notice period in the form of a written notice sent to the email: app.support@geniuso.sk . The Provider is obliged to immediately confirm receipt of the User's termination by email sent to the User.

The User acknowledges that upon termination of the contractual relationship, the User will lose access to the Application's services in their entirety without any compensation ( the User is not entitled to a refund of the aliquot part of the paid subscription ).

Upon termination of the contractual relationship between the Provider and the User, regardless of the reason for termination, the User undertakes to immediately uninstall all downloaded offline versions of digital content from all of his mobile devices on which such content was installed. Failure to fulfill this obligation may be considered a breach of contract and may lead to the Provider taking appropriate legal action.

7.1.2. The user is entitled to terminate the use of the Application at any time. The User may terminate the use of the Application by logging out of the Administrator account and all user accounts created by him and/or by uninstalling the Application from all mobile devices.

7.1.3. The User acknowledges that after logging out of the Administrator account and uninstalling the Application from all mobile devices, the Provider will continue to archive the User's Administrator account, in order to make the Administrator account available after the eventual re-establishment of a contractual relationship between the User and the Provider. Based on his own decision, the user is entitled to request the Provider to permanently delete his Administrator account at any time by sending this request to the email address: app.support@geniuso.sk . The provider bears no responsibility for any damage caused by the deletion of the Administrator account according to this point.

7.2. Termination of the contractual relationship by the Provider

7.2.1 The Provider is entitled to unilaterally terminate the contractual relationship between the Provider and the User for the following reasons:

7.2.1.1. Violation of terms and conditions : If the User seriously violates these GTC.
7.2.1.2 . Abuse of the service : If it is found that the user abuses the services provided or participates in activities that may cause damage to the Provider or third parties.
7.2.1.3. Legal reasons : If the provider is obliged to terminate the contract on the basis of legal regulations or regulations, or on the basis of a decision of a competent authority.
7.2.1.4. Technical or business reasons : If the provider terminates or fundamentally changes the provision of digital content due to technical or business decisions.

7.2.2. Method and effectiveness of termination: The Provider is obliged to inform the User about the termination of the contractual relationship by means of a notification sent to the User's e-mail address. The termination takes effect with immediate effect in case of breach of contract by the User according to point 7.2.1.1 and 7.2.1.2. , in other cases the notice period is 3 months and begins the day following the day on which the notice was delivered to the User.

7.2.3. Claims for the return of the subscription: The Provider is not obliged to return the aliquot part of the paid subscription to the User upon termination of the contractual relationship according to point 7.2.1.1 and 7.2.1.2. The Provider will return to the User a proportionate part of the paid subscription for the period that remains after the effective date of the termination in the case of termination of the contractual relationship according to point 7.2.1.3 and 7.2.1.4., unless the contracting parties agree otherwise.

7.2.4 . Data protection after termination: After the termination of the contractual relationship according to point 7.2.1, the Provider will ensure the deletion or anonymization of the User's personal data in accordance with the relevant legal regulations, unless it is necessary to store the data based on the law.

8.  DISCLAIMER OF LIABILITY

8.1. The Provider is not responsible for the User's access to the Internet, necessary for using the Application, nor for any fees that may apply to the User when using the Internet.

8.2. The Provider is not responsible for the hardware or software of the User's device (and its compatibility) through which the Application is used. The provider is not responsible for the fact that the Application will work correctly on older, less powerful or incompatible devices.

8.3. The Provider is not responsible for defects caused by improper use of the Application.

8.4. The User acknowledges and agrees that the use of the Application may be hampered by malfunctions and outages as a natural consequence of the necessary use of electronic communication.

8.5. The Application is provided "as is" and "as available" without warranties of any kind, either express or implied. The Provider does not guarantee that the Application will be available continuously twenty-four hours a day, seven days a week, that it will be fully functional for the entire time of its availability or that it will be provided without errors that do not affect the purpose of using the Application.

8.6. The Provider is not responsible for damage caused to the User by the non-functionality of the Application and/or caused by the unavailability of the Administrator and/or user account. The Provider is also not responsible for damage caused as a result of events or phenomena that occurred independently of the Provider's will.

8.7. The Provider bears no responsibility in the event of misuse of the User's login data if it occurred through the User's fault.

9.  RESOLUTION OF DEFECTS AND COMPLAINTS

9.1. Liability for defects : The Provider is responsible for the fact that the Application and the provided digital content will correspond to the purpose for which such content is normally used.

The User is not entitled to accuse the Provider of a defect in the provided service if it is a defect that the User knew about before the service was provided, or if the alleged defect was caused by action or failure to act, or by the User's omission, or in the event that the alleged defect does not have a significant impact on the purpose for which the User uses the Application.

9.2. Defect notification : The user is obliged to notify the provider of detected digital content defects without undue delay after their discovery, by sending an e-mail to the e-mail address: app.support@geniuso.sk . When reporting a defect, the user is obliged to indicate the defect and describe how it manifests itself. The Provider is obliged to send the User a confirmation of the delivery of such an email to the User's email address assigned to his Administrator account.

9.3. Complaints procedure: After receiving notification of a defect , the provider undertakes:

9.3.1. Confirm receipt of the complaint: The provider will confirm the receipt of the complaint to the user via e-mail within three working days.

9.3.2. Assessment of the complaint: The provider will assess the validity of the complaint and inform the user of the result of the assessment within 30 days from the date of its receipt.

9.3.3 . Remedy of defects : In the case of a justified complaint, the provider will remove the detected defects free of charge or provide the user with replacement digital content, if possible, or provide other appropriate corrective measures.

9.4. Possibilities of remedy: If the defect cannot be removed within a reasonable period of time or if the removal of the defect is unreasonably expensive, the user has the right to:

9.4.1. Reasonable subscription discount: The Provider can offer the User a reasonable discount for the next subscription period.

9.4.2. Withdrawal from the contract: The user has the right to withdraw from the contract and request a refund of the aliquot part of the paid subscription for the period that remains after the effective withdrawal from the contract, during which the user will not be able to use the services provided due to the withdrawal.

9.5. Complaint deadlines

9.5.1. The provider is obliged to handle the complaint without delay; in justified cases, no later than thirty days from the day when the defect was pointed out by the User, unless the contracting parties agree otherwise. The day when the defect was pointed out is considered to be the day when the point of defect was delivered to the Provider at the e-mail address app.support@geniuso.sk .

9.5.2. The Provider is obliged to inform the User about the processing of the claim, electronically to the User's e-mail address assigned to his Administrator account. After the expiry of the deadline for processing the complaint, the User has the right to withdraw from the Agreement.

10.  PROTECTION OF PERSONAL DATA

10.1. By creating an Administrator account and using the Application, the User provides personal data that the Provider processes to the extent, in a manner and for purposes that are in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons during processing of personal data and the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) and Act No. 18/2018 Coll . on the protection of personal data and the amendment of some laws.

10.2. The User declares and confirms that his personal data, which he voluntarily and freely provided to the Provider during registration, are correct, true, complete and up-to-date, and in the event that they change, he undertakes to update them.

10.3. The User's personal data is processed by the Provider for the purpose of concluding and fulfilling the contract concluded between the contracting parties in accordance with these GTC and fulfilling obligations from this contract or in connection with it, for the purpose of fulfilling the legal obligations of the Provider, for the purpose of direct marketing, for the purpose of handling requests or complaints User. More detailed information on the protection of personal data is provided in the Personal Data Processing Principles, which are an integral part of these General Terms and Conditions.

11.  COMMUNICATION

11.1. The Provider and the User will communicate in Slovak or English. Any notifications or other communications will be sent to the User's email address.

11.2. Electronic mail (e-mail) is considered delivered the day after it is sent.

1 1.3. The User undertakes to inform the Provider without undue delay of any changes to the data provided during registration to the Application. Such changes take effect the day after the notification is delivered to the Provider. Failure to fulfill this obligation may lead to the impossibility of properly fulfilling the rights and obligations arising from these GTC and constitutes a material breach of the GTC. In the event of damage resulting from such a violation, the User bears full responsibility. Changes on the Provider's side will be published on the website app.geniuso.sk .

12.  FINAL PROVISIONS

12.1. The Provider has the right to unilaterally change, update or supplement these GTC, especially due to legislative changes, changes in the Application or its business decisions. The User's consent is not required for the validity and effectiveness of these changes. The Provider informs the User about changes to the GTC before they become effective, either through a notification in the Application or by sending a notification to the e-mail address provided by the User during registration. At the same time, a change to the General Terms and Conditions is considered a change to the Agreement with effect from the date specified in the updated General Terms and Conditions. If the User does not agree with the change to the GTC, he can reject it and stop using the Application and services. In such a case, he has the right to terminate the Agreement free of charge and with immediate effect before the changes take effect.

12.2. Contractual relations not regulated by these GTC are governed by the provisions of the Commercial Code and other generally binding legal regulations valid in the territory of the Slovak Republic, unless mandatory regulations of the European Union or international treaties to which the Slovak Republic is bound do not stipulate otherwise.

12.3. If any of the provisions of these General Terms and Conditions turns out to be invalid, this invalidity does not affect the validity of the other provisions of the General Terms and Conditions.

12.4. The contracting parties have agreed that possible disputes will be resolved preferentially through negotiations on a possible agreement. If an agreement is not reached, the dispute will be decided by the locally and materially competent court of the Slovak Republic.

12.5. These General Terms and Conditions become valid and effective on September 9, 2024. With the effectiveness of the newer GTC, the GTC with the previous effective date automatically expires.