Terms of service

EFFECTIVE DATE OF TERMS OF SERVICE: MAY 18, 2018


Please read these "Terms of Service" fully and carefully before using our application on website URL https://app.go2toilet.com, or use our application for Android OS, iOS (the "Go2toilet application") and any of the services, features or applications made available by GO2TOILET s.r.o. and its affiliates, (“Go2toilet”, "we", "us" or "our") in connection with the Go2toilet application (the "Application") or any other Go2toilet services or platform that links to these Terms of Service (collectively, the "Services").

For clarity, these Terms of Service do not apply to any other versions of the Platform or Services, unless expressly stated by Go2toilet.

These Terms of Service incorporate ours Privacy Policy, which is hereby made a part of these Terms of Service.

These Terms of Service set forth the legally binding terms and conditions for your use of the Services.

By clicking on the “Registrate,” "Sign up free," "Sign up," or equivalent access, agreement or purchasing button, you or the company or entity that you represent ("you," "your," "yours" or "customer") are consenting to be bound by and are becoming a party to these Terms of Service. You are also representing and warranting that the individual clicking on the button is authorized to enter into this agreement and bind such entity. Your continued use of any portion of the services shall also constitute assent to the terms of these Terms of Service. If you are using the services on behalf of a company or other entity, then all references to "you" or "your" herein shall refer to both the individual and the entity.

If you do not unconditionally agree to all of the terms of these Terms of Service, you will have no right to use the Services (and you should immediately cease all such use). If these terms are considered an offer, acceptance is expressly limited to these terms to the exclusion of all other terms.


1 - Acceptance of Terms of Service.


    1. By registering for and/or using any of the Services in any manner, including visiting or browsing the Application, you agree to these Terms of Service, and all other operating rules, policies, and procedures that we may publish from time to time through the Services, each of which is incorporated by reference, and each of which may be updated from time to time without notice to you.


    1. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.


2 - Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, register for an Account (defined below) or use the Services. Furthermore, you must be at least 18 years of age to use any Paid Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service and your use of the Services 

  1. are in compliance with all laws, rules and regulations applicable to you and 

  2. do not violate any other agreement to which you are a party. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.


3 - Registration

To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information for your Account, each Account shall only be used by the individual user that registered such Account. You may never use another person’s user Account without permission from Go2toilet, or share your Account or access credentials with any other individual or entity. You should never publish, distribute, or post login information for your Account.
You are responsible for maintaining the security of your Account, passwords. You must keep your Account information updated, and you must notify us immediately of any change in your eligibility to use the Services or breach of security or unauthorized use of your Account. 


4 - The Services

  1. Services. Subject to these Terms of Service, We will use commercially reasonable efforts to make the Services available to you.

  1. Restrictions on Use of the Services. You will not directly or indirectly:

    1. sell, license, sublicense, distribute, copy, rent, or lease the Services, or include the Services in a service bureau, time-share outsourcing offering, or otherwise make the Services available to, or use the Services for the benefit of, any third party, or transfer any of the rights that you receive hereunder;

    1. interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein or attempt to gain unauthorized access to the Services or its related systems or networks;

    1. copy, modify, translate, or create derivative works based on the Services or any underlying software or any part, feature, function, or user interface thereof, including by framing or mirroring any part of any Services or any Content;

    1. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;

    1. decompile, disassemble, decipher, or reverse engineer the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, (except to the extent such restriction is prohibited by applicable statutory law);

    1. bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services) or take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;

    1. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Go2toilet Website or Services; or

    1. otherwise take any action in violation of our guidelines and policies, including these Terms of Service.

  1. Availability. We are not and will not be responsible or liable for any failure in the Platform or Services resulting from or attributable to (i) Customer Data or failures to deliver Customer Data to Go2toilet; (ii) failures in any telecommunications, network or other service or equipment outside of Go2toilet facilities; or (iii) any force majeure or other cause beyond Go2toilet reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate. We reserve the right, but do not have any obligation, to remove, edit, modify, or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service).


5 - Customer Data


  1. Definition. "Customer Data" means any and all electronic data, Content, and information uploaded or submitted to the Services by you or by a third party on your behalf. You retain all of your rights to your Customer Data.

  1. License to Customer Data. You hereby grant Go2toilet a non-exclusive, worldwide, royalty-free, fully paid-up right and license to use, copy, access, process, reproduce, perform, display, modify, distribute, and transmit your Customer Data in connection with the Services. You acknowledge and agree that 

    1. the quality of the Services and the Platform depend on the uploading or other provisioning of the Customer Data into the Platform or the Services, as applicable and 

    2. Go2toilet will not assume any responsibility for, or undertake to verify, the accuracy or completeness of the Customer Data entered by you. Furthermore, you also hereby do and shall grant each user of the Go2toilet Website and/or the Services a non-exclusive right and license to access your Customer Data posted on portions of the Services that are viewable to other users, and to use, edit, modify, reproduce, distribute, and display such Customer Data in accordance with the terms, features, and settings of the Services made available by Go2toilet and any additional rights and restrictions granted by you to such users.

  1. Aggregate Data. Notwithstanding anything to the contrary set forth herein, Go2toilet may collect and use data regarding the use and performance of the Service in anonymized and aggregated form, to analyze and improve the Service and for distribution in general benchmarking data and industry reports, provided that any reported user data is aggregated and anonymized such that no personally identifying information of Customer or its users is revealed.

  1. Representations and Warranties. You represent, warrant, and covenant that

    1. all Customer Data is accurate and compliant with all applicable laws, rules, and regulations; 

      you own all rights, title, and interest in and to the Customer Data, or have otherwise secured all necessary rights in the Customer Data as may be necessary to permit the access, use, and distribution thereof as contemplated by these Terms of Service; 

      you shall only use the Services in accordance with all applicable laws, rules, and regulations, these Terms of Service and any relevant documentation provided by Go2toilet and 

      you will not, and will not permit any third party to upload, download, post, submit, provide, transmit, distribute, or otherwise make available to or through the Services any Customer Data that (A) is unlawful, infringing, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or that otherwise violates any other right of any third party, including any intellectual property, proprietary, or privacy rights, or that is otherwise inappropriate, as determined by us in our sole discretion; (B) contains any viruses, code, files, or programs designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or that is or can be otherwise malicious or disruptive; (C) constitutes unauthorized or unsolicited advertising, junk, or bulk email ("spamming") or otherwise violates federal CAN-SPAM regulation; or (D) contains any personally identifying information subject to specialized security regimes including without limitation the Health Insurance Portability and Accountability Act ("HIPAA"), and the standards promulgated by the PCI Security Standards Council ("PCI"). You acknowledge and agree that Go2toilet is not a "Business Associate" under HIPAA, and you will not provide any protected health information to Go2toilet. You will not provide Go2toilet with any personally identifying information except for User information as necessary to allow Users to access the Services as set forth in these Terms of Service. You are responsible for complying with CAN-SPAM, including without limitation for supplying an "Unsubscribe" link in any emails required to include such link.


6 - Third-Party Services

The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. For more information about third-party advertising, cookies, and opt-outs, please visit Go2toilet’s privacy policy at https://www.go2toilet.com/privacy. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Go2toilet will also not be responsible or liable for any failure in the Services attributable to your or any third party’s products, services, negligence, willful misconduct, breach of these Terms of Service, or other unauthorized access or use.


7 - Payments and Billing

  1. Payments, Currencies; In our application is required payments for example to get position of toilet, charge your virtual wallet with credit etc. Payments are in currencies as is visible in application. If you pay in other currency, that is your bank account, is possible that your bank will charge you some additional payment. We are not responsible for any of these additional payments.
    By any action you proceed and can be considered as a payment agreetion, you agree to pay us

    1. on our demand;

    2. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

    3. the fees for possible recovery.

  1. Payment by credit card; We use a third-party payment processor (the "Payment Processor") to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if the Payment Processor has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

  1. Taxes; All Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, "Taxes"). You shall be responsible for paying all Taxes associated with the Services (without any offset or deduction to the fees paid to Go2toilet) other than taxes based on Go2toilet net income.

  1. Credit in your virtual wallet; In your account you have possibility to charge some money (credit / internal credit) in your virtual wallet (“wallet”). Than you can choose it as your payment method. Charge money in your wallet is possible only by credit card.

  1. Loss of credits; Account, which became inactive (nobody logged-in for 3 years) will be automatically deleted without notice. This will cause irretrievable forfeiture of charged credits and will not be taken into account for future claims.

  1. Refunds; Once initiated by you, payment obligations are non-cancelable. Except as expressly set forth in these Terms of Service, Go2toilet will not, under any circumstances, issue refunds. If you will have any problems, do not hesitate to contact us on support@go2toilet.com.

  1. Free credits; You may get some credits in your wallet without need to pay for it. As example, you can get credit for try our services. Such credits are under any circumstances refundable.

  1. Current Information Required. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your account credentials or password. Changes to such information can be made directly by you using the service. Please contact us at support@go2toilet.com if you need any assistance.


8 - Feedback 

At all times Go2toilet will have the unrestricted right to use and act upon any suggestions, ideas, enhancement requests, feedback and recommendations you provide specifically relating to the features, functionality and performance of the Services.


9 - Copyright Policy

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

    1. Procedure for Reporting Copyright Infringement:

        1. If you believe that material or content residing on or accessible through our websites, application, or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

          1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

          2. Identification of works or materials being infringed;

          3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

          4. Contact information about the notifier including address, telephone number and, if available, email address;

          5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

          6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

          7. Our support works only in Czech and English language.

      1. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Go2toilet at:

GO2TOILET s.r.o.

Karlovská 161

Liberec XXII - Horní Suchá, 460 10

Czech Republic

support@go2toilet.com


10 - Confidentiality

“Confidential Information” means all information disclosed by Go2toilet to the you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Go2toilet Confidential Information includes the Services and Content, as well as business and marketing plans, technology and technical information, product plans and designs, source code and business processes disclosed by Go2toilet. You will use a reasonable degree of care to protect the Confidential Information. You will not use any Confidential Information for any purpose outside the scope of these Terms of Service or disclose Confidential Information to any third party. You may disclose Confidential Information to the extent compelled by law, provided you give Go2toilet prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at Go2toilet cost, if Go2toiet wishes to contest the disclosure.


11 - Data Security

Go2toilet shall maintain appropriate administrative, physical, and technical safeguards designed to protect the security of the Services and Customer Data. If Customer’s use of the Services involves processing personal data pursuant to Regulation 2016/679 (the “GDPR”) and/or transferring personal data outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the data processing addendum shall apply to such personal data and be incorporated into the Terms of Service upon the Effective Date. The data processing addendum may be accessed here.


12 - Termination

  1. Termination by Either Party. You have the option of canceling your Account at any time by contacting us at support@go2toilet.com. We reserve the right to terminate your Account or access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms of Service which by their nature should survive termination or expiration shall survive termination, including provisions regarding ownership, aggregate data use, payment (to the extent any payment obligations remain outstanding), warranty disclaimers, indemnity and limitations of liability.

  1. Customer Data After Termination. Termination or cancellation of your Account by either party may result in the forfeiture and destruction of all information and data, including Customer Data, associated with your Account. Termination, cancellation or expiration of your Account will result in a loss of your Customer Data; we may delete or destroy all copies of your Customer Data in our systems or otherwise in our possession or control, unless legally prohibited. We reserve the right, including after termination, to access, read, preserve, and disclose any information, including without limitation Customer Data, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public.


13 - Warranty Disclaimer

    1. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

    1. THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

    1. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.


14 - Indemnification

You are solely responsible for your conduct and your data related to the Service. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your Customer Data, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.


15 - Governing Law and Jurisdiction

Any disputes between the parties undertake to resolve the dispute in an amicable way. These Terms of Service shall be governed by and construed in accordance with the laws of the Czech Republic, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be resolved in city where is headquarters of GO2TOILET.


16 - Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content), with or without notice. If we make material changes to these Terms of Service that negatively affect you, or materially reduce the Services, we will notify you by posting a notice or new version of these Terms of Service on the Site or Service, or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of material modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.


17 - Miscellaneous

    1. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of Go2toilet to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    1. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

    1. Subcontractors. We use subcontractors to provide certain aspects of the Services and in some cases permit them to access Customer Data subject to appropriate obligations of security, confidentiality and compliance with applicable laws. We remain responsible for our subcontractors’ compliance with these Terms of Service with respect to their services provided hereunder.

    1. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

    1. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

    1. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@go2toilet.com. You acknowledge and agree that Go2toilet may occasionally send you communications regarding your account or the Services via email or by posting on the Services. You acknowledge and agrees that Go2toilet may occasionally send notices to you regarding your Account or the Services via email or via the Services.

    1. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

    1. Open Source. The Service may contain or be distributed with open source software or other third-party software which may be covered by a different license. Notwithstanding anything to the contrary, the obligations of Go2toilet set forth in these Terms of Service do not extend to any open source software or such other third-party software which may be made available by Go2toilet , or otherwise obtained or used by you. You agree that all open source software or such other third-party software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms. To the fullest extent possible, Go2toilet disclaims all warranties and liability regarding such open source and third-party software in accordance with the terms of these Terms of Service.

    1. Headings; Interpretation. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of "including" "for example" or "such as" in these Terms of Service shall be read as being followed by "without limitation" where appropriate.

    1. Publicity. You hereby consent to inclusion of your name and logo in client lists that may be published as part of Go2toilet marketing and promotional efforts.

    1. Any claim related to these Terms of Service, the Site(s) or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors.

    1. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Service.


Go2toilet commits to being GDPR compliant!


Contact

You may contact us at the following address: 

GO2TOILEt s.r.o.
at support@go2toilet.com

or
Karlovská 161
Liberec XXII - Horní Suchá, 460 10

Czech Republic