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[Effective] As of September 1st, 2021 until amended or revoked.
The data of the company pursuant to Section 4 of the e-Commerce Act:
Name: Apptum Hungary Ltd.
Registered seat: H-1052 Budapest, Deák Ferenc tér 3. II. em.
E-mail: zoltan@apptum.com
Company registry: the Court of Registration of the Capital Court of Budapest, company registration number: 01-09-338308
Tax number: 25309722-2-41
Server Provider: Microsoft Ireland Operations Ltd.
Registered seat: One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland
Privacy policy: https://www.microsoft.com/en-us/concern/privacy
2.1 These General Terms and Conditions (hereinafter referred to as “GTC”) contain the terms and conditions of the current and any future use of the intelligent online website development platforms provided by Apptum Hungary Ltd. (hereinafter referred to as “Apptum” or “Company”) on its Websites at https://www.heurio.co; https://heurio.app, and a Google Chrome Extension under the trade name of Heurio - UX Check & Visual Feedback Tool, or any future platforms (such as smartphone applications or any other tools, hereinafter collectively referred to as “the Platforms”).
2.2 By registering to the Platforms, the person making the registration (hereinafter referred to as the “User”), acknowledges acceptance of the provisions of the GTC and accepts them as binding. The personal data of the User is processed by Apptum pursuant to the provisions of its Privacy Policy.
2.3 A contract between the parties may be considered as a consumer contract, if the User is a natural person acting outside his/her profession or business activity (hereinafter referred to as “Consumer”) pursuant to Section 8:1 of the Hungarian Civil Code. The contract is concluded upon the confirmation of the User's registration. The present GTC and the Privacy Policy form an integral part of the contractual relationship, in which the User provides its consent to the processing of his/her personal data. The current version of the aforementioned documents is available at https://heurio.co; and at https://heurio.app.
2.4 The Company shall have the right to unilaterally amend the GTC at any time by posting it on the Websites 11 (eleven) days prior to its entry into force, which shall be accepted by the Users after further use of the Platforms.
2.5 The Company is a Hungarian legal entity. By using the Platforms, the User acknowledges that Hungarian law should prevail during the usage and any registration to the Platforms. The present GTC is also subject to Hungarian law. Apptum explicitly excludes the application of any foreign laws, except such legal acts which cannot be excluded.
2.6 Hungarian legislation primarily governing this GTC:
Act V of 2013 on the Civil Code (“Civil Code”)
Act CVIII of 2001 on certain issues of electronic commerce services and information society services (“e-Commerce Act”)
Government Decree No. 45/2014 (February 26th) on the detailed provisions of contracts concluded between consumers and businesses ("Government Decree").
3.1 The aim of the Platforms is to provide Users with website review related tools and solutions.
3.2 The prerequisite for the use of the Platforms is the User Registration, during which the General Terms and Conditions are accepted and the User agrees to the processing of his/her personal data. Thereafter, the User is entitled to use the Platforms on its own devices. Apptum reserves the right to prohibit any use or abuse of the Platforms by anyone who has infringed its intended use, in particular those who have misused the information contained in the application, or who rendered the use of the application impossible or made any related attempts.
Without Registration the Anonymous Users may have access to data of projects made public by other registered Users, however they cannot make any modifications in these projects.
3.3 The data provided by the User during the registration process and the data provided later in the course of using the Platforms shall be processed in accordance with the provisions of the Privacy Policy. Registration cannot be performed using an email address that has been previously registered in the Platforms for identification purposes.
3.4 Users are specifically restricted from all of the following
enabling or allowing others to use the Platforms with your login credentials
using the Platforms in any way that is or may be damaging to the Platforms;
using the Platforms in any way that impacts user access to the Platforms;
using the Platforms contrary to applicable laws and regulations, or in any way may cause harm to the Platforms, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platforms;
using the Platforms to engage in any advertising or marketing
using the Platforms in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
using the Platforms in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
using the Platforms to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
Users must ensure that all the information you supply to us through our website, or in relation to the Platforms, is true, accurate, current, complete and non-misleading.
3.5 It is the responsibility of the User to maintain the confidentiality of the password provided upon registration. In order to protect the confidentiality of passwords, the Company will take all the technical measures expectable to prevent their disclosure, but will exclude any liability for damages caused by negligent use or events beyond its control.
3.6 The registration of a User under the age of 18, or with a limited capacity requires the consent of the legal representative or guardian.
3.7 The Company shall have the right to terminate the User's right of access and to cancel his/her registration and the information recorded by the User in the Platforms without justification and prior notice. The Company reserves the right to change or delete the functions, operation or appearance of the Platforms, or to suspend or terminate the operation of the Platforms any time.
3.8 The Company shall have access to all data provided by the User, except for the user password processed separately. The User agrees that his/her data will be processed by the Company in an aggregated or anonymized way for statistical purposes or for further development of the Platforms or transferred to third parties as described by the Privacy Policy.
3.9 The Company shall transfer any data identifying the User's registration to third parties or authorities only in the case of the consent of the User provided in a private document with full probative force, or in the cases required by law.
3.10 The User agrees that the Company will send information or notification letters to his/her registered e-mail address concerning information related to the Platforms. Such notification of the Users is not considered to be advertisement. During registration, the User may give his/her consent to receiving messages having marketing purposes, in which case the Company can provide regular information to the User about new functions, services and possible promotions available in the Platforms.
4.1 Apptum and the User concludes a contract with the User’s registration on the Platforms. This Contract is concluded for an indefinite period and can be terminated - and in this case the User's account and data provided upon registration will be deleted - if the User does not use the Platforms for a full year (does not log in) and does not respond to warning emails sent out on the erasure of the Platforms. In the case of automatic termination of the contract, the User is entitled to re-register any time.
4.2 Either Party may terminate the Contract without justification and with immediate effect. Apptum is entitled to unilaterally decide whether the User is entitled to re-register after the termination. The User may require such termination through the Live Chat function of the Platform. Apptum excludes all material liabilities in connection with its termination.
5.1 The Company does not take any financial responsibility for the permanent functionality of the Platforms.
5.2 The use of the Platforms beyond website design, development, marketing, product or project management purposes is prohibited without the consent of Apptum. Any damage caused by such use is excluded from Apptum's liability.
Please be advised that due to the fact that the Platforms can be used for free the User is not entitled to exercise his/her right to compensation under the liability for defects (according to Para 6:159 of the Civil Code).
Please be advised that due to the fact that the Company does not sell movable properties, it has no product liability.
5.5 The Company excludes all liability for the behavior of the Users during the use of the Platforms.
5.6 The Company excludes any liability for any behavior during the use of the Platforms that violates the security of the information systems used by the Users, in particular the use of computer viruses and other devices capable of causing damage, unauthorized access to, destruction of, damaging and disclosure of personal and other data held by the Company.
Damage caused by or in connection with such behavior is the sole responsibility of the person expressing such behavior. At the same time, the Company shall make all reasonable technical efforts to prevent unauthorized access to the database of the Platforms it operates.
5.7 The Company shall exclude liability for any failure for any reason beyond its control, which temporarily, permanently or finally obstructs or derails the achievement of the Platforms’ objective. The Company is entitled to temporarily suspend the continuous availability of the Platforms for updates or in the event of a server failure, without compensation.
5.8 The Company excludes all liability for the conduct of the Users during the use of the Platforms (especially for the publishing of derogatory, discriminative comments or notes on the Platforms).
5.9 The Company excludes any liability for any damage resulting out of faults or malfunctions.
5.10 The Company reserves the right to limit, suspend or terminate the availability of the Platforms.
6.1 Use of the Company’s logo and trademarks is subject to prior consent.
6.2 Any material received from the Platforms and its database may only be referred to by mentioning the Company as a source of the information.
6.3 The Company maintains all of its rights to all aspects of its Platforms, in particular its source code, the name of the Platforms and its domain names, the secondary domain names and its Internet advertising solutions.
6.4 It is prohibited to adapting or decrypt the contents or parts of the Platforms, to use any applications capable of modifying or indexing the Platforms or any part thereof.
6.5 The brand name Heurio, https://heurio.co; https://heurio.app websites and “Heurio - UX Check & Visual Feedback Tool” Google Chrome Extension name are protected by copyright and may be used only by the written consent of the Company.
6.6 Other than the content you own, under these Terms, Apptum and/or its licensors own all the intellectual property rights and materials contained in the Platforms. The Users are granted limited license only for purposes of viewing the material contained on the Platforms.
7.1 In the event of any user complaint, the Parties are obliged to conduct negotiations to reach an agreement and prevent legal disputes.
7.2 User complaints may be submitted to hello@heurio.co by e-mail or by mail at the address of the Company's registered seat. In order to settle a user complaint submitted in this manner, the Company shall take substantive action or send a reply within 30 days upon receipt.
7.3 In matters not governed by the complaint procedure, Hungarian law shall be applicable to the settlement of any disputes between the Parties. The Parties stipulate the exclusive competence of Hungarian courts. Based on the competence of the court the II and III District Court of Budapest or the Regional Court specified as generally competent court in the Code of Civil Procedure should settle any disputes between the Parties.
7.4 As an alternative dispute resolution method, Consumers have the right to initiate conciliation board proceedings.
This document will not be filed, it will only be concluded electronically, will not be retrieved later, will not refer to a code of conduct. Do not hesitate to contact us in case of questions related to the operation and ordering process of the Platforms.
Apptum Hungary Ltd.
Last edited on 02 Sep 2021.
