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Terms and Conditions

The company Spoločné Bývanie s.r.o., Company Registration Number (IČO) 52442136, Registered Office 851 02 Bratislava - Petržalka, Pajštúnska 5, Slovak Republic, enrolled in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 137952/B hereby sets forth the following General Terms and Conditions for using the Internet Application app.ourlivespace.com (hereinafter “GTC”):

Article I – Definitions

  1. “Active User”: A User registered in the Application, whose User Account is active in a particular month (i.e., it has not been cancelled, deleted or otherwise removed), regardless of the duration of such active status in the respective month. The User’s activity in the Application (e.g., logging in to the Application, adding posts, comments, documents) is not related to the term Active User.
  2. “Application”: Communication platform and software application developed and used for smart property management and communication between the App Users. The Application allows registered Users and persons authorised by them to quickly and easily manage relations between Neighbourhood Community Users in connection with property and locality management.
  3. “Copyright Act”: Act No. 618/2003 on Copyright and Rights Related to Copyright (hereinafter the “Copyright Act”), as amended.
  4. “Service Price List”: The applicable Price List for the provision of the Provider’s services with regard to the Application, containing the amounts of prices and fees for Charged App Services.
  5. “GDPR”: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  6. “Customer”: A natural or legal person who orders the Charged App Services and pays the Provider the remuneration as agreed. The Customer means also the Founder of the Neighbourhood Community.
  7. “Personal data”: Any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to a generic identifier, other identifier, such as a first name, surname, an identification number, location data, an online identifier, or to one or more characteristics or factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  8. “User”: A natural or legal person registered in the Application with a type of legal relationship to the property or locality covered by the management and authorised to use the Application. The User is a member of at least one of the Neighbourhood Communities.
  9. “Provider”: The company Spoločné Bývanie s.r.o., which is the Application’s owner and administrator, and which also, within the meaning of the GDPR and Act No. 18/2018, defined the purpose and means for processing of Personal Data, and which processes Personal Data in its own name.
  10. “Premium App Services”: Services provided beyond the App Services, charged according to the Service Price List (e.g., sending SMS notifications between individual Users of a Neighbourhood Community).
  11. “Posting”: Active usage of the Application by Users in the form of publishing announcements related to a particular property or locality, expressing their views, commenting or responding to comments or announcements posted by other Users, reporting defects to property or parts thereof, creating invitations to a User meeting, attaching documents and/or creating surveys.
  12. “App Service”: Web service provided on the public web server app.ourlivespace.com, for commercial and non-commercial purposes, primarily intended to inform Users on current events within a Neighbourhood Community.
  13. “Administrator of a Neighbourhood Community”: A User to whom the Founder of the Neighbourhood Community granted administration rights for the purposes of the Neighbourhood Community (e.g., to send out invitations to register in the Neighbourhood Community).
  14. “Charged App Services”: common designation for Premium App Services and App Services provided to over 30 Users within a single Neighbourhood Community charged according to the Service Price List.
  15. “Neighbourhood Community”: A group of Users associated with a particular property or locality.
  16. “User”: Common designation for an Active User (User), Founder of a Neighbourhood Community and Administrator of a Neighbourhood Community.
  17. “User Account”: The App User’s account to access the Application.
  18. “Website”: The Website ourlivespace.com and all its forms, owned and administrated by the Provider, from which Users log in to the Application.
  19. “Founder of a Neighbourhood Community”: A User who creates a group of Users in the Application and may invite other Users to join the group. The User may be (i) a natural person, non-entrepreneur (wishing to connect persons living in one locality/property); (ii) a natural person - entrepreneur; or (ii) a legal entity (in case (i) or (ii) e.g., the administrator of a residential building, an authorised representative of an association of homeowners and owners of non-residential premises, or an authorised representative of the respective developer.) In some cases, the Founder of the Neighbourhood Community becomes the Customer.
  20. “Act No. 18/2018”: Act No. 18/2018 on Personal Data Protection and Amending and Supplementing Certain Acts, as Amended.
  21. “Service Contract”: Contract concluded between the Customer and the Provider on the basis of ordering the Charged App Services, stipulating the User rights and responsibilities with regard to the Charged App Services.

Article II - General Provisions

  1. These GTC issued by the Provider set out the conditions and rules for using the Application and stipulate User rights and responsibilities when using the App services in electronic communication with the Provider, other Users, the Founder of the Neighborhood Community and Administrator of the Neighborhood Community. Users hereby declare that before using the Application for the first time, they read the applicable version of the GTC and understand its contents, and confirm that they accept the GTC and agree to their contents, and undertake to respect them and comply with them (including, where applicable, any potential GTC amendments).
  2. Using the Application requires Internet access. Internet access provision is not included in the Application.
  3. The Provider is the owner and administrator of the Application.
  4. The Application serves in particular as a communication platform and was development for smart property and locality management and to interconnect Users.
  5. Users may use the Application free-of-charge or for remuneration.
  6. When using the free-of-charge services, the Founder of the Neighbourhood Community may establish a Neighbourhood Community with a maximum of 30 Users per Neighbourhood Community and without the possibility to use the Premium App Services (e.g., to send SMS notifications).
  7. If the Founder of the Neighbourhood Community (i) wishes to establish a Neighbourhood Community with more than 30 Users; or (ii) wants to use the Premium App Services (e.g., to send SMS notifications) also in a Neighbourhood Community with fewer than 30 Users, before being allowed to use the Charged App Services, the Founder shall have to enter into a Service Contract, and these services shall be charged according to the applicable Price List.
  8. Following the registration and creation of a User Account, any User shall be able to create a Neighbourhood Community related to a property or locality, for the purposes of its administration and mutual communication between the Users within the respective Neighborhood Community, or join an already existing Neighbourhood Community based on an activation code.
  9. The Founder of the Neighbourhood Community shall be able to e-mail offers to register (invitations) in the Application and join the respective Neighbourhood Community to other natural and legal persons.

Article III – Registration and Cancellation of Registration

  1. Only registered Users may use the Application. The Provider shall be authorised to make available certain functionalities of the Application only to registered Users, upon the fulfillment of responsibilities arising from the Service Contract concluded between the Customer and the Provider and/or third parties, who, on the basis of privileges (delegations) granted to registered Users, become authorised App Users.
  2. Users shall register in the Application by filling in the registration form available on the Website.
  3. Using the Application shall be conditioned upon accepting the GTC. If the GTC are amended, further use of the Application shall be conditioned upon the User’s acceptance of the amended GTC. If a User continues to use the Application without having expressly accepted the amendment of the Terms and Conditions, further use of the Application shall be deemed as acceptance of the amended GTC by the User.
  4. Registration of Users in the Application is voluntary.
  5. Users shall be obliged to provide correct and accurate information upon registration. If the information provided by Users during the registration proves to be incomplete, incorrect or false, or if reasonable doubt arises about its accuracy, the Provider shall be entitled to cancel the Users’ registration or to temporarily restrict provision of the App Services. The Provider shall not be liable for any damage or injury that may arise as a result of cancellation or restriction of a User Account or registration. In case false information is provided upon registration, the User shall be liable for any violation of the respective legislation.
  6. Users shall have the right to request the Provider in writing to cancel their registration (deactivate the User Account) at any time via e-mail: hello@ourlivespace.com, or via the tab “Contact the Developers” (“Napíš vývojárom”), and the Provider undertakes to approve the request no later than 30 days from the date of receipt of the request, cancel the registration and notify the User in writing to the User’s e-mail address. As the application serves to mutually interconnect and inform Users of a Neighbourhood Community, the Provider shall also inform all the Founders of the Neighbourhood Community or Administrators of the Neighbourhood Community of the cancellation of the User’s registration.
  7. Users shall have the right to request the Founder of the Neighbourhood Community in writing to cancel their membership in the Neighbourhood Community by sending a specific request to the Founder of the Neighbourhood Community; the Founder of the Neighbourhood Community undertakes to approve the request no later than 30 days from the date of receipt of the request and cancel the respective membership in the Neighbourhood Community. For the avoidance of doubt, the User Account shall remain active once the membership in the Neighbourhood Community is canceled.
  8. If the Founder of the Neighbourhood Community requests the dissolution of the Neighbourhood Community, or the Cooperation Contract expires, the Provider shall cancel the Users’ access to the Neighbourhood Community and delete the Neighbourhood Community. Following the deletion of a Neighbourhood Community, User Accounts shall remain active. Users shall be entitled to request the Provider to cancel their registration (deactivate their User Accounts) pursuant to point (6) of this article.

Article IV - User Rights and Responsibilities

  1. Users shall be obliged to comply with the GTC as well as other generally binding legal regulations of the Slovak Republic when using the Application.
  2. Under the terms and conditions specified in the GTC, Users shall be entitled to publish their posts within a specific Neighbourhood Community (e.g., express their opinions, comment or respond to posts or announcements, report defects to property of parts thereof, create invitations to meetings, and attach documents).
  3. At the same time, the Founder of the Neighbourhood Community or an Administrator of the Neighbourhood Community shall be entitled to create surveys to find out the opinions of Users on different topics.
  4. When using the Application, Users shall be obliged to comply with the legislation, respect the rights and legitimate interests of the Provider, as well as of other Users adding Posts, in particular when dealing with copyright and other intellectual property rights.
  5. When using the Application, Users shall be prohibited from:
    1. using vulgarisms, phrases or other verbal or sign language expressions of direct or indirect significance contrary to generally accepted social morality and ethics;
    2. using insults and personal attacks against other Users or any other persons;
    3. providing untrue, unvalidated, misleading, insulting or false information concerning other persons;
    4. promoting violence and from inciting, whether in an open or hidden form, hatred on the grounds of sex, race, skin color, language, belief or religion, political or other opinions, national or social origin, nationality or ethnic group;
    5. promoting war or describing cruel or otherwise inhumane behavior in a manner which constitutes their inappropriate mitigation, justification or approval;
    6. in open or hidden form, promoting alcohol, alcoholism, smoking, the use of narcotics, poisons and precursors, or mitigating the consequences of the use of such substances;
    7. threatening the physical, mental or moral development of minors or disturb their mental health and emotional state;
    8. promoting child pornography;
    9. repeatedly publishing the same contributions, meaningless or incomprehensible texts, as well as from performing other activities that may lead to reduced or lower quality of the services provided;
    10. publishing personal data of other persons, in particular their address or telephone number, unless the persons concerned gave their consent to it;
    11. disseminating obscene, vulgar or insulting material and unlawful materials, and it shall be prohibited to post links to any websites containing such content;
    12. obtaining login names and/or passwords of other Users;
    13. abusing, blocking, modifying or otherwise altering or changing any part of the Application, or even from attempting to disrupt the stability, integrity, functioning of the Application or its data;
    14. using mechanisms, software or other processes likely to negatively affect the operation of the Application;
    15. publishing any information, the content of which might meet the characteristics of unfair competition pursuant to the provisions of Sections 44 - 51 of Act No. 513/1991, the Commercial Code, as amended;
    16. publishing any advertisements or promoting products, goods or services.
  6. Users undertake not to use the Application, if their use, or use by a User, would cause malfunctioning of the Application or violate the legal regulations.
  7. Users shall be responsible for their Posts published in the Application and agree to refrain from using the Application for purposes contrary to the GTC and generally binding legal regulations of the Slovak Republic.
  8. The User hereby acknowledges that the Provider and/or the Founder of the Neighbourhood Community or the Administrator of the Neighbourhood Community reserves the right to decide on leaving the User’s post published in the Application or deleting the published post.
  9. Users may at any time request the Provider to cancel their registration in the Application.
  10. Under no circumstances shall Users be entitled to intervene in any way in the Application or parts thereof, modify, copy and/or expand the look, graphics, interface, technical nature, and any other features of the Application.
  11. Users shall be entitled to use the Application, but they shall not be entitled to provide it in any manner to third parties, or to provide other services through it.
  12. Users shall be obliged to facilitate that, in the event of abuse or suspicion of abuse of the Application, all necessary processes aimed at correcting such situation or activities in breach of the legislation or contractual arrangements between Users and the Provider are carried out, and to remove without delay any consequences of such activities and interferences affecting the legitimate interests of the Provider; this shall be without prejudice to the User’s liability for damages caused to the Provider.
  13. Users shall be obliged to protect their login data against disclosure, loss or misuse by unauthorised persons. The Provider shall assume no liability for any injury arising from the use (abuse) of the login data by unauthorised persons.
  14. Users shall be responsible for all activities carried out by means of using or misusing login data or other forms of access to the Application. Users shall be entitled to and, if suspected that the login data have become known to an unauthorised person, obliged to change their password. Users undertake to notify the Provider without delay of any unauthorised use of their login data or security breach of which they become aware.
  15. The Founder of the Neighbourhood Community shall be entitled to order from the Provider the Charged App Services in particular to subscribe to Premium App Services and/or to enable the creation of a Neighbourhood Community with more than 30 Users of the Application. By concluding the Service Contract, the Founder of the Neighbourhood Community shall acquire the status of a Customer. The Provider shall be entitled to require the Founder of the Neighbourhood Community, who shall be obliged to approve the request, to conclude a Service Contract, if the number of Users of the Application in a particular Neighbourhood Community exceeds 30; if the Founder of the Neighbourhood Community refuses to do so, the Provider may suspend or terminate the possibility to use the Application for specific Users of the Neighbourhood Community.
  16. The Customer shall continue to be bound by all the stipulated User Rights and Responsibilities.
  17. The Customer undertakes to pay the price for the provision of Charged App Services in accordance with the GTC, Service Contract, other terms and conditions, and the Provider’s applicable Service Price List.

Article V - Provider Rights and Responsibilities

  1. The Provider shall publish Users’ Posts in the form Users express them.
  2. The Provider reserves the right to delete Users' Posts that substantially violate the provisions of Article IV(4) of the GTC, or if it is suspected, based on previous Posts, that these GTC could be violated.
  3. The Provider reserves the right to:
    1. cancel the User’s registration at any time, even without stating any reason;
    2. suspend the possibility to publish posts in the Application temporarily or permanently, in whole or in part;
    3. take technical downtime at any time, even without giving prior notice;
    4. exercise other rights stemming from the GTC or generally binding legislation of the Slovak Republic.
  4. The Provider does not guarantee the continuous functionality of the Application, nor its flawless operation. At the same time, the Provider shall have the right, in justified cases, for the necessary time, without prior notice and indication of reason, to suspend functioning of the Application. The Provider shall not be liable for any damages that might be caused by malfunctioning, defect, or measures implemented by the Provider in line with the previous sentence, or due to other operational reasons.
  5. The Provider shall not be obliged to provide the App Services immediately, continuously or without outages.

Article VI - Change of Services, GTC and Service Prices

  1. In line with Article III(3) of the GTC, the Provider shall be entitled to, in particular in case of:
    1. change of the market conditions;
    2. increase in the Provider’s costs related to the provision of the App Services;
    3. changes in the inflation rate as reported by the Statistical Office of the Slovak Republic;
    4. change of the Provider’s marketing strategy, involving in particular an implementation, modification or cancellation of the App Services;
    5. technological development of the App Services;
    6. legislative change with a direct or indirect impact on contractual terms (including a change in the VAT rate or other fees); or
    7. a decision issued by the competent public authority (including the bodies of the European Communities), imposing an obligation or right to the Provider to amend the contractual terms, modify the App Services, GTC and Charged App Services (including the quality, scope, structure of the App Services and their prices), modify, change, replace or cancel, in whole or in part, the App Services, GTC, prices of the Charged App Services, as well as the quality, scope and structure of the App Services (hereinafter “Change of Services”).
  2. The Provider shall not be obliged to notify each User or third party of the Change of Services (including the type, quality, scope, structure of the App Services, and the prices of the Charged App Services).
  3. The Provider shall be authorised to publish information on the Change of Services at least 15 calendar days before the Change of Services becomes applicable, by publishing information on the Change of Services in an appropriate manner via the Application and the Website, or via other websites managed by the Provider, e-mail notifications, SMS notifications, information materials, press releases, or other means at the Provider’s discretion.
  4. Changes to Services consisting of extending the basic, optional, supplemental, and other App Services, or consisting of replacing the default App Services with new basic, optional, supplemental, or other App Services, or in reducing the price of the Charged App Services, or changes not resulting in restriction of rights or extension of the responsibilities of the Service Users towards the Provider, the Provider may appropriately notify in the Application no later than on the day they become effective.
  5. If Users do not accept an amendment to the GTC, they shall be obliged to stop using the Application and request the Provider to cancel their User Account or to deactivate their User Account.
  6. The Agreement on the Change of App Services concluded between the Provider and the Customer using the App Services and/or a third party shall be considered as validly concluded at the moment of acceptance of the proposal to amend the Service Contract and/or another contract concluded with the Provider.
  7. Unless otherwise agreed between the User and the Provider, or otherwise specified in other terms and conditions, the App Services shall be provided free of charge.
  8. Premium services and App Services provided within a Neighbourhood Community to more than 30 Users shall be provided under the concluded Service Contract for remuneration. The amount of remuneration shall be agreed and charged according to the applicable Service Price List of the Provider. The Customer shall be obliged to pay the remuneration to the Provider based on an invoice issued by the Provider and delivered to the Customer in accordance with the payment conditions agreed in the Service Contract and/or another contract concluded between the Customer and the Provider, and in the GTC. The Provider shall be entitled to unilaterally update the Service Price List, and the new Service Price List shall become applicable once published on the Provider's website ourlivespace.com and in the Application.
  9. The Provider shall be entitled to charge a remuneration for using Premium Services and App Services provided within one Neighbourhood Community to more than 30 Users in an amount corresponding to the product (i) of all Active Users of the Customer and (ii) the amount indicated in the Service Price List per Active User (hereinafter “Remuneration”).
  10. Within the Remuneration referred to in point 9 of this section of the GTC, the Customer shall have a prepaid service for exchanging text messages between the Active User and the Customer (“SMS”), in a total of ten (10) SMS notifications per Active User per month (“Prepaid Package”). The fee for each additional SMS outside the Prepaid Package shall be charged according to the applicable Service Price List.
  11. If the Provider is or shall become registered for VAT purposes over the duration of the Service Contract, the Remuneration shall be increased by the applicable statutory rate of the value added tax.
  12. The invoicing period shall be one (1) calendar month. The invoice is due within ten (10) days from the issue date. The Provider shall deliver the invoice to the Customer electronically by e-mail, immediately after its issue, and if requested by the Customer, deliver also the original by post or in person.

Article VI - Responsibility for Published Information

  1. The Provider shall not be responsible for the accuracy, truthfulness and content of Posts not originated or written by the Provider.
  2. Publication of a Post to Users in the Application does not mean that the Provider identifies with the presented Posts, their content, correctness or truthfulness.
  3. The Provider declares not to have any kind of relationship with the business entities on whose goods or services the Users publish their Posts.
  4. Users shall not disclose the Application to unauthorised persons. The Provider shall not be responsible for making the data contained in the Application available to any unauthorised persons. Users shall be obliged to protect the Application from unauthorised access, loss, theft, misappropriation, or other abuse.

Article VII - Intellectual Property Rights

  1. The Application is covered by copyright to which the Provider exercises ownership rights, and it is protected in particular under the Copyright Act and other relevant laws.
  2. The Provider holds all ownership rights to the Application, and only the Provider shall be entitled to provide consent/license to use the Application. The Terms and Conditions for using the Application shall be defined, published and amended only by the Provider.
  3. Users shall not be authorised to analyse, change, amend, and supplement, reproduce, process, alter, distribute, produce translation of the Application from the machine code to source language, nor freely modify the Application or adapt the Application based on their needs, even through third parties. Similarly, Users shall not be authorised to make a backup copy of the application, even through third parties, as such a copy is not necessary for its operation and use. Users shall not be authorised to inspect or test the App functionality, or any other element of the Application, in order to determine the principles on which the Application was based and created. Any violation of the Terms and Conditions under this paragraph shall constitute a reason to immediately block the Users in the Application, to which the Users give their express and unreserved consent. This shall be without prejudice to the Provider’s claim for damages from Users.
  4. By registering in the Application, Users shall not acquire any ownership rights or any property or moral rights to the Application, its software or any parts thereof, but only acquire the right to use the Application under the conditions set out in the GTC.

Article VIII - Protection of Personal Data

  1. The Provider processes Users’ Personal Data (hereinafter “Data Subjects”) for the purposes of registration and provision of the App Services on the basis of a contractual relationship within the meaning of Article 6(1)(b) of the GDPR and Section 13(1)(b) of Act No. 18/2018.
  2. Scope of personal data:
    1. Personal data provided upon registration and when using the App Services, in particular:
      1. Required Data: first name, surname, e-mail address.
      2. Optional Data: a photo, phone number, address of the property or locality associated with the App Services provision.
  3. In the course of its activities, the Provider provides Personal Data to an external provider of accounting services for the provision of the accounting services.
  4. The Provider processes Personal Data of Data Subjects for the duration of the registration and 5 years after the end of registration.
  5. The Provider’s Contact Information:
    1. E-mail: hello@ourlivespace.com,
    2. Office Address: Spoločné Bývanie, s.r.o., Pajštúnska 5, 851 02 Bratislava, Slovakia.
  6. Under the GDPR and Law No. 18/2018, Data Subjects shall have the following rights:
    1. Right of access: Data Subjects shall be entitled to a copy of their personal data processed by the Provider, as well as to certain details of how their data is used. Generally, the Provider shall provide the personal data in writing, unless otherwise requested, or, if the Data Subject requested it by electronic means, the data shall be provided electronically, if possible.
    2. Right to rectification: Data Subjects provide their personal data to the Provider directly by registration in the Application and by actually using the App Services. The Provider has taken appropriate measures to ensure the accuracy and completeness of the processed Personal Data of the Data Subjects. Nonetheless, Data Subjects shall still have the right to have their Personal Data rectified or completed by the Provider.
    3. Right to erasure: Under certain circumstances, Data Subjects shall have the right to request that their Personal Data be erased, such as when the Personal Data processed by the Provider is no longer necessary for the original purpose, or when Data Subjects withdraw their consent. However, this will need to be weighed against other factors. For example, we may have legal obligations arising from specific legislation, which means that the Provider might not be able to comply with the request.
    4. Right to restrict the processing: Under certain circumstances, Data Subjects shall be able to request that the Provider cease to use their Personal Data, for example when they believe their Personal Data may be inaccurate or when they believe that the Provider no longer needs to use the Personal Data.
    5. Right to data portability: Under certain circumstances, Data Subjects shall have the right to request the Provider to transfer their respective Personal Data to another third party of their choice.
    6. Right to object: Data Subjects shall have the right to object to the processing of Personal Data based on legitimate interests. If the Provider does not have a compelling legitimate reason for the processing, once a Data Subject lodges an objection, the Provider shall discontinue processing the Personal Data.
    7. Rights related to automated decision-making: Data Subjects shall have the right to refuse automated decision-making, including profiling, which has a legal or similar major consequence for them. If Data Subjects have been subject to an automated decision and do not agree with the outcome, they shall have the possibility to contact the Controller using the contact details above and request a review of that decision.

Article IX - Final Provisions

  1. The GTC are governed by the legal order of the Slovak Republic.
  2. The GTC take effect vis-à-vis Users on the date of their registration in the Application.
  3. The Provider reserves the right to amend the GTC. A GTC amendment shall be valid and effective from the date specified in the GTC. The Provider shall publish the new GTC on the Website.
  4. Users shall be obliged to regularly acquaint themselves with GTC amendments. If Users continue to use the App Services after a GTC amendment has been implemented, this shall be considered to represent their acceptance of the GTC amendment without reservation. If Users do not agree to the GTC amendment, they shall be entitled to request the Provider to cancel their registration.
  5. By registering in the Application, Users hereby declare to have read and accepted the GTC.
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