Terms of Service

For end users registered from 8 April 2019 effective immediately, for previously registered end users effective from 8 May 2019.

Mutual rights and obligations of the User and the Provider arising from the use of the Application are governed by the following terms and conditions.

Definition
1. In these terms and conditions:
  1. “Provider” is the Salmondo CZ, s.r.o., with its registered office at Tábor 2333/8, Žabovřesky, 61600 Brno, Czechia, ID No.: 05588600, VAT: CZ05588600, File No. C 96438, kept by the Regional Court in Brno. Provider contact e-mail address: info@growmonapp.com.
  2. “Application” means the web application called Growmon, the main functionalities of which include personal development management and career diagnostics, which is available from www.growmonapp.com.
  3. “TOS” means these General Terms and Conditions of the Growmon Service.
  4. “Civil Code” means Act No. 89/2012 Coll., The Czech Civil Code, as amended.
  5. “Contract” means the contract concluded between the User and the Provider, whose subject matter is the provision of a License to use the Application to the User under the conditions specified in these TOS.
  6. “License” means a non-exclusive license to use the Application under the terms of these TOS.
  7. “License” means a license granted to a third party under the terms of these TOS. “User” means any natural person older than 13 years.
  8. “User Account” means the non-public part of the Application that is accessible to the User after entering the Login Information.
  9. “Parties” means the Provider and the User as parties to the Contract.
  10. “Login Information” means a unique combination of the User's login name and password, which the User saves in the Application database when opening or setting up the User Account through the Application, or which is assigned to the User in the Application database by the Provider.
Introductory Provisions
1. These TOC regulate the mutual rights and obligations of the Parties arising in connection with or based on the Contract.
2. The provisions of these TOC are an integral part of the Contract. The Contract and the TOC are written in the English language. The contract can be concluded in English.
3. The Provider may amend or supplement the text of the TOC in accordance with the procedure specified in Article 12.
The Process of Concluding the Contract
1. Filling in the registration form and confirming the registration by clicking the button on the “Registration” page.
2. Performing the registration by the User is an unconditional acceptance of the proposal for the conclusion of the Contract by the Provider, which concludes the Contract.
3. By entering into the Contract, the provisions of these TOS come into effect.
4. If the User obtains the User Account in any other way than by registering (such as by installing and using the Application without the need for registration), the use of the Application by the User is considered as consent to these TOS, as if the registration was performed according to Art. 3.1. The User may also consent to these TOS explicitly in other way than registration, for example when installing the application.
Use of the Application
1. The Provider grants the User a license to the extent and under the conditions specified in the User environment of the Application, especially specified for the given type of User Account.
2. The License to the basic version of the Application is provided free of charge.
3. The License is granted as global, permitting personal use of a single user in accordance with these TOS and for an indefinite period of time unless stated otherwise in the User Account. The License can be terminated by the user by cancellation of the User Account.
4. The Provider has the right to suspend, change or make the Application or its part inaccessible from the particular Internet address for any reason at any time. The Provider specifically reserves the right to make the User Account inaccessible to the user in case of their long-term inactivity in the Application.
5. The User has no right to grant a third party a License to use the Application.
6. When using the Application, the User undertakes to act in such a way that he or the Provider does not suffer any damage by the User’s use of the Application.
Database
1. The User does not have the right to use the Application to extract (especially by means of so-called software robots) the database associated with the Application.
2. The User and the Provider hereby agree that any data entered by the User into the Application database are parts of the database collected by the Provider and become part of the Provider's database without giving the User any right to the Application's database by his actions described in this paragraph. This database is not a collective work pursuant to the copyright law.
3. The contracting parties are aware, consistently declare and make it unquestionable that the Application meets the conditions of Section 562 (2) of the Civil Code, i.e. that data records in the Application and its database as an electronic system are reliable and are executed systematically and sequentially and protected against changes.Responsibility for defect
Other rights and obligations of the Parties
1. The User has the option to check for errors by checking the User Account. Data entry errors may also be corrected through the Application and, where the Application does not allow it, through technical support whose contact address is specified in the Application.
2. The User acknowledges that the software and other components constituting the the Application are protected by copyright. The User undertakes not to perform any activity that could allow him or third parties to tamper with or use the Application.
3. When using the web interface of the Application, the User is not authorized to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the Application. The web interface of the Application may only be used to the extent that is not at the expense of the rights of the other Users of the Provider and which is in accordance with its purpose.
4. The User acknowledges that the Provider is not responsible for errors resulting from interference of third parties into the Application or due to the use of the Application contrary to its purpose.
Personal data and cookies

The processing of User's personal data by the Provider is regulated in separate documents "Privacy Policy" and "Cookies Declaration", which are available on the Application.

Communication
1. Unless otherwise agreed, all correspondence relating to the granting or use of the License must be delivered to the other Party in writing, either by e-mail or by registered mail (at the option of the sender). The delivery to the Users is made via the e-mail address specified in their User Account.
Change of TOC
1. The User acknowledges that the Provider concludes the Contract in the ordinary course of business with a larger number of persons and the Contracts are, according to their nature, obliging in the long term to re-perform the same kind with reference to these TOC. The Contracting Parties make it undisputed that the nature of the Provider's obligations under these TOC follows and there was a reasonable need for a later amendment of these TOC before the conclusion of the Contract.
2. The Contracting Parties hereby agree that the Provider may change these TOC to a reasonable extent and at the same time agree that the change of the TOC shall be notified to the User, as the other party, via an e-mail message sent to the e-mail address entered by the User to the Application. In such a case, the User has the right to reject the TOC changes and to terminate the relevant obligation between him and the Provider at the notice period of one calendar month, starting on the day following the dispatch of the notice, which the Parties hereby agree to be sufficient to provide similar performance from another entity.
3. In the event that a new Agreement is concluded with an existing User Account (ie the renewal or extension of the User Account), such Agreement shall be governed by the TOC as amended on the date of conclusion of such Agreement.
Limitation of Liability
1. THE APPLICATION IS PROVIDED AS IT IS. THE FOLLOWING LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW: IN NO EVENT WILL PROVIDER BE LIABLE TO THE USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE DAMAGES FROM THE DATA LOSS, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THE CONTRACT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MAXIMUM AGGREGATE LIABILITY OF THE PROVIDER AND EXCLUSIVE REMEDY OF THE USER FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS CONTRACT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY USER FOR THE LICENSE (IF ANY).
Final Provisions
1. These TOC, as well as the Contract, are governed by the laws of the Czech Republic, in particular the Civil Code.
2. The User is obliged to observe these TOC, which are also part of the Contract, and the valid and effective legal regulations of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations;
3. The Provider is not bound by any codes of conduct within the meaning of par. Article 1826 (1) (a) e) of the Civil Code;
4. In the event of a dispute between the User who is a consumer and the Provider, the User may make use of the possibility of out-of-court dispute resolution by contacting the subject of out-of-court dispute resolution, i.e. the Czech Trade Inspection (www.coi.cz) and proceed in accordance with the rules laid down in the relevant legal regulations and in accordance with the information given on the website of the Czech Trade Inspection Authority. Consumers can also start out-of-court dispute resolution online through ODR's online consumer dispute resolution platform, available at ec.europa.eu/consumers/odr .
5. If any provision of the TOC is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the Contract or TOC require written form.
6. The Contract, including the TOC, is archived by the Provider in electronic form and is not accessible to the User.