Effective as of 1 July 2021 (Version 1.1)
These Terms of Service (the “Agreement”) are a legal agreement between You as the user and AFINITOS Ltd. (“AFINITOS”, “we”, “our” or “us”), that governs Your limited, non-exclusive and terminable right to the use of the AFINITOS Site and Services as defined herein.
If You do not agree to this Agreement, You must not sign up for an Account and shall not make use of any of the Services or the Site. By agreeing to this Agreement, You acknowledge that You have read this Agreement, understood it, and agree to be bound by its terms and conditions.
We reserve the right to amend the Agreement at any time at Our sole discretion, and without prior notice to You. We will include such modification in the Agreement, along with a notice of the effective date of such modified Agreement. All amended terms automatically take effect on the day You use the Site and/or Services, or 30 calendar days after they are initially posted on the Site, whichever date is the earliest. Your use of the Site and/or Services following the effective date of any modifications to this Agreement will constitute Your acceptance of the Agreement, as modified.
“Agreement” shall mean these Terms of Service, including any annexes thereto which form an integral part thereof and which in their totality, govern Your relationship with AFINITOS;
“Applicable Law” shall mean the laws to which AFINITOS is subject, particularly the Republic of Croatia, where AFINITOS is incorporated and any other laws as may be applicable from time to time;
“Data” shall mean content, personal data, information, know-how and confidential information relating to Your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning Your, or any of Your parent company’s or subsidiaries’, business, systems, processes, software and services, as the case may be;
“Free Trial” shall mean a Subscription Plan that is provided to You by AFINITOS free of charge;
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Service/s” shall mean the software as a service (SaaS) offered by AFINITOS including all software, mobile apps, and websites developed and provided to You by AFINITOS as further described on the Site;
“Site” shall mean the website afinitos.hr and/or ui.unsizify.com, in addition to any pages in all sub-domains;
“Subscription” shall mean the extent of the Services to which You may have access;
“Subscription Plan” shall mean one of the different subscription packages through which You can use the Services;
“Subscription Term” shall mean the period of time for which subscription to the Services shall be made available by AFINITOS to You, subject to Your adherence to the obligations undertaken by virtue of this Agreement;
“Third Party/ies” shall mean any persons, whether legal or natural, which are neither You nor AFINITOS;
“Trial Period” shall mean free access provided to You by AFINITOS for a limited and established period of time, to the Services under a Subscription Plan involving payment, which shall be granted at the sole discretion of AFINITOS, which access may be revoked by AFINITOS at any time without need of any prior notice;
“User Account” shall mean an account with AFINITOS to use the Services, i.e. login credentials used by You to access the Site along with Personal Data associated with these credentials;
“You” / “Your” shall mean a person, whether natural or legal, who agrees to be bound by the terms contained in this Agreement.
Use of the Service is subject to Your continued compliance with these Agreement. The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service You represent and warrant that You are legally an adult where You live and agree to be bound by these Agreement, or, if You are still legally a “minor,” that You are at least 13 years of age or older and have a parent’s or legal guardian’s permission to access and use the Service.
You represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. Use of the Service is unauthorized in any jurisdiction where the Service or any part of it may violate any laws or regulations. You agree not to access or use the Service in such jurisdictions. For the avoidance of doubt, the paid use of AFINITOS software products is not covered by these Agreement.
You agree not to provide inaccurate, misleading or false information in connection with Your use of the Service. If the information You have provided to AFINITOS subsequently becomes inaccurate, misleading or false, You will promptly notify AFINITOS of such change.
You are solely responsible for Your use of the Service and for any costs You incur to access the Service through any Internet, wireless or another communication service, such as any fees for data usage on an Internet service provider’s or a wireless carrier’s network. Check with Your carrier to determine the fees that apply.
The Service may contain links to websites and content owned and/or operated by Third parties. Such links and content are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content You accept that we do not exercise any control over such websites or content. We have no responsibility for such third-party websites or content. We encourage You to familiarize yourself with the terms of service applicable to any third-party website or content You may access.
We do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to You and for any and all damages, claims, liabilities and costs it may cause You to suffer, directly or indirectly, in full or in part.
Except as otherwise stated herein, all rights, titles and interest in the Site and/or the Services and any content contained therein is the exclusive property of AFINITOS. Unless otherwise specified, the Services are for Your limited use only, and if You copy or download any information from this Site and/or Service, You agree that You shall not remove or obscure any copyright or other notices or legends contained in any such information.
You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the Service, or Your rights and obligations pursuant to the Agreement. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, unless expressly authorized in the Agreement.
You agree that AFINITOS will have access to some of Your data in the course of performing the Services. All rights, title and interest in the data are Your exclusive property, except as otherwise provided for herein throughout this Agreement.
The Subscription depends on the relevant Subscription Plan, Subscription Term and respective and timely payment of Service fees to AFINITOS. The applicable Subscription Plan depends on Your choice. By default, upon registration, Trial Period starts allowing you to test all available features and options. You can choose to change Your plan at any time. You may upgrade or downgrade your Subscription at any time during Your Subscription Term, upon which We will apply the respective fees.
AFINITOS charges service fees for use of the Services under all Subscription Plans involving payment. The level of a service fee may vary according to Our current pricing policy. Your service fee depends on the Subscription Plan and the Subscription Term.
AFINITOS uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services You agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.
More information about Braintree terms of service can be found at the following links:
You are required to add Your credit card details and pay to be able to use a Subscription for any of AFINITOS's services. A valid credit card is required for paying accounts. All Subscription Plans are billed in advance on a monthly or yearly recurring basis. Payments are non-refundable. There are no refunds or credits for partial use of services, upgrade/downgrade refunds, or refunds for unused service with an open or closed account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, except when otherwise required by mandatory law. You are responsible for payment of all such taxes, levies, or duties. For any upgrade or downgrade in Subscription Plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading and or deleting your Service may cause the loss of content, features, or capacity of your Account. AFINITOS does not accept any liability for such loss.
AFINITOS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. AFINITOS will not be liable to You or to any Third Party for any modification, suspension, or discontinuance of the Service.
AFINITOS may terminate Your access to Our Site and/or Service for any reason at any time. AFINITOS will not be liable to You for termination of Your User Account. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or Your access to our Site and/or Service. AFINITOS shall notify You via email to Your registered email account if AFINITOS terminate Your User Account.
AFINITOS commits to securely storing data on behalf of Our Users in accordance with their Subscription Plan and time frames corresponding to each Subscription Plan. All data exceeding the stated time frame will be routinely and automatically deleted from Our systems.
You represent and warrant to AFINITOS: (a) that You have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if You are registering on behalf of a company or other entity, You have the authority to bind Your principal or employer company; (b) You will provide complete and accurate information to AFINITOS; and (c) You will pay all charges that You incur at AFINITOS’s then-current rates.
You acknowledge that 100% availability of the Site and the Services is not technically feasible. However, AFINITOS will make its best efforts to keep the Site and the Services available in the most constant possible way. Due to special maintenance, security or capacity issues, and also to some events over which AFINITOS may have no influence (e.g. anomalies in public communication networks, electricity cut offs, etc.), Services provided by AFINITOS may be temporarily suspended or affected by brief anomalies.
Unless You specifically withdraw Your consent to this clause by sending an email at firstname.lastname@example.org, You hereby acknowledge and consent to AFINITOS making use of any of Your marks, logos and trade names to identify You as AFINITOS user/customer on AFINITOS Site and/or Services, in addition to any other marketing material.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON, AS WELL AS WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY’S RIGHTS.
AFINITOS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICE.
WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR- FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT GIVE ANY WARRANTY WITH RESPECT TO THE RESULTS OBTAINED FROM THE APPLICATION AND YOU RELEASE US FROM ANY LIABILITY THAT MIGHT RESULT FROM THE USE OF THE SERVICE.
AFINITOS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AFINITOS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (c) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITATION TO THE FOREGOING, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES, IF ANY, THAT YOU HAVE PAID TO AFINITOS FOR ACCESS TO AND USE OF THE SERVICE. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.
AFINITOS may provide notices to You pursuant to the Agreement through email, regular mail, or by displaying conspicuous notices or links to notices to You on the Service. The Terms of Service constitutes the entire Agreement between You and AFINITOS and governs Your use of the Service, superseding any prior agreements between You and AFINITOS. You also may be subject to additional terms and conditions that may apply when You use other AFINITOS products or services.
The Terms of Service, and legally binding Agreement between yourself and AFINITOS, shall be subject to Croatian law and Croatian courts’ exclusive jurisdiction. Zagreb city (or commercial) court shall be the agreed legal venue. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that You may bring claims against AFINITOS only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
The failure of AFINITOS to exercise or enforce any right or provision of the Agreement will not constitute a waiver of the right or provision. If any provision of the Agreement is found to be invalid, the other provisions of the Agreement will remain in full force and effect.
The Site and Service is operated and provided by AFINITOS Ltd. If You have any questions about these Terms of Service, please contact us at email@example.com.