Terms of Service
Welcome to the
website of Smolfi.com. By using our services, you
agree to these Terms of Service.
General Provisions
These Terms
of Service ("Terms") constitute
a legally binding agreement between you ("User" or "you")
and REMOS spol. s r.o., located at Tomášikova 26, 82101, Bratislava, IČO: 35890941 ("REMOS", "we", or
"us"). Along with our Privacy
Policy, these Terms govern your
access to the website www.smolfi.com (the "Website") and the use of any software, applications, content, features, and services provided by REMOS (collectively referred to as
"Services"). These
Terms apply to all users, whether
you use the
Services as a guest or as a
registered user.
Agreement to the Terms
Before using
the Services, please carefully read these Terms.
This agreement constitutes a legally binding electronic contract, the terms
of which must be accepted to use the Services.
By accessing the Website or using the Services, you
explicitly agree to these Terms and agree to abide by them. If you
disagree with the Terms or fail
to meet the requirements, you are not authorized to use the Services.
Binding Nature and Language Version
If these
Terms are translated into another language,
the translation is for informational
purposes only. In case of any discrepancies
between the Slovak version and the translations, only the Slovak version of these Terms is
legally binding.
Eligibility
The Services
are intended for users aged 18 and older. By accessing or using the Services,
you represent and warrant that you
are at least eighteen (18) years old or the
age of majority in your jurisdiction and that you have the
legal capacity to enter into these
Terms and are not restricted by law from using the
Services.
Changes to the Terms of Service
REMOS reserves
the right to modify or update these Terms at any time
at its sole discretion. The revised version will be posted
on the Website and will take effect
immediately upon publication. In the case of significant changes (as determined solely by REMOS), registered users may receive reasonable
notice via email. By continuing to use the Services after
the effective date of the changes,
you agree to the modified Terms.
If you do not agree with
the changes, you must stop using
the Services after the effective
date.
User Accounts
Users of the
Website are allowed to create an individual
user account ("Account"),
which provides access to advanced features of the platform. During account registration, you will be
asked to provide registration details, including a username and email address. Detailed information about personal data processing
is provided in our Privacy Policy.
The user is
fully responsible for maintaining the confidentiality of their login details,
including the password. You agree
to: a) ensure that your login details
are not made accessible to unauthorized individuals, b) promptly notify REMOS of any unauthorized use of your Account,
c) assume sole responsibility for any loss or damage
caused by unauthorized access to your Account due to a security breach on your part.
REMOS is
not responsible for unauthorized access to the Account
or personal data caused by sharing, loss, or misuse of login details by the user. Registration and use of the Services
require that all provided information
is accurate, up-to-date, and complete. REMOS reserves the right
to suspend or cancel an Account at any
time if the
provided information is found to be
false or misleading.
Health Disclaimer and Liability Waiver
The Website
is a platform aimed at helping users become better
and happier. Therefore, it strives to provide
inspirational, informative,
and entertaining content as
part of our Services
("Website Content").
However, REMOS is not a healthcare
provider, therapist, or professional advisor and does not provide
any therapeutic, psychiatric, medical, legal, or other professional advice. The Website Content
does not represent, and should not be interpreted
as, professional medical, therapeutic, psychiatric, legal, or other professional advice. All information, opinions, reviews, texts, images, and other content on the Website are provided solely for informational, inspirational, and entertainment purposes.
The user acknowledges
and agrees that: a) the Website does
not offer expert, accurate, or binding recommendations in the areas of health, law, finance, or other professional topics; b) the information published on the Website does
not replace professional examination, diagnosis, or advice; c) before making any
decisions based on this information, it is strongly
recommended to consult with appropriate professionals or experts in the relevant field.
REMOS is
not responsible for any direct,
indirect, consequential, or
other damages or losses that may
arise from the use of or reliance
on the Website Content. It is
not guaranteed that the Website
Content is suitable, accurate, complete, or beneficial for any specific
user, and REMOS makes no warranties regarding its use or results.
The use of the Website Content
and any decisions made based on it
are entirely at your own risk.
User Reviews
You may have the
opportunity to post public
feedback, reviews, and other
content ("User Reviews")
on the Website or in connection with it. It is
important that your behavior and communication, including User Reviews, are accurate, respectful of others, and comply with applicable
laws. User Reviews may be publicly
available to all Website users as well as the general
public.
By posting any User Review on the Website
or other public platforms, you grant REMOS and its affiliates,
service providers, licensed entities, legal successors, and assignees an irrevocable,
non-exclusive, free, fully paid, perpetual,
worldwide right and license to use, copy, store, perform,
display, reproduce, record,
play, adapt, modify, and distribute your User Reviews in any form and environment.
User Reviews are subject to your rights under applicable laws, as well as data protection laws, if the review contains personal data defined by these laws. User Reviews are exclusively for the purpose of operating, developing, providing, and improving the Services, as well as for research and development of new features.
To ensure a safe and healthy environment, REMOS reserves the right to: Remove or refuse to post any User Review for any reason or without explanation, at its sole discretion. Take action regarding User Reviews that it considers necessary or appropriate, especially if such reviews violate these Terms. Disclose your identity or other information to a third party claiming that the content you posted infringes their rights, including intellectual property rights or privacy rights. Take appropriate legal actions, including referring the matter to law enforcement authorities in cases of illegal or unauthorized use of the Services. Terminate or suspend your access to the Services for any reason or without explanation, especially in the event of a violation of these Terms.
REMOS is not responsible for User Reviews posted by you or other users of the Service. If you detect any violations of our content standards or these Terms, you can contact us at: info@smolfi.com.
Non-commercial Use
The Service is intended for personal use only and may not be used for commercial purposes without the prior consent of REMOS. Any other use, such as sales, contests, promotions, advertising, service offers, links to other websites, or premium-rate telephone numbers, as well as use by competitors and the media, is considered commercial use ("Commercial Use") and may be restricted for commercial users ("Commercial Users").
Examples of prohibited commercial use include: a) Advertising or soliciting users to buy or sell products or services not offered by the Website, b) Using the Service for press or media purposes (all media inquiries should be directed to info@smolfi.com), c) Collecting leads or customer information, even if such information is obtained outside the Website, d) Scraping (automated data collection) or any other data or information gathering of any kind.
Organizations, companies, agencies, and/or businesses may be users of the Service but may not use it for any commercial purpose unless pre-approved by REMOS.
Service users may not use any information obtained through the Service to contact, advertise, solicit, or sell to other users without their prior explicit consent.
Prohibited and Ethical Use
The use of our Services
is permitted only for lawful
purposes and in accordance with these Terms
of Use. You agree not to use
our Services in any way that
violates these terms, and to comply with all applicable
laws and regulations. Various types of behavior or activities may result in the
termination of access to the Services or legal action. Here is an overview
of what is not allowed:
Violation of terms: Using the Services in a manner that violates these Terms: Any use of the Services that violates these terms is prohibited. It is important to follow the rules set by REMOS and not use the Services for purposes that could harm other users or the platform itself.
Misuse of Services: Use for unintended purposes: Our platform is intended for specific purposes and you may not use it for things that are inconsistent with these intended purposes. This means that if the platform is intended for informational, educational, and entertainment purposes, you should not use it for sales or other commercial activities that were not permitted.
Damage to REMOS's reputation: Defaming the company: It is prohibited to use the Services in a way that could damage the reputation of REMOS or its affiliates. This includes spreading false information, untrue statements, or using the Services for disinformation purposes.
Violation of applicable laws: Violating laws and regulations: Your use of the Services must comply with applicable laws, including, but not limited to, laws relating to the export of data or software. This means that any data transfer between countries must meet the requirements of the relevant regulatory authorities.
Abuse of minors: Inappropriate content and child abuse: The Services may not be used for any activities that could harm minors. This includes posting inappropriate content, manipulating children's personal data, or any other forms of abuse.
Collection of personal data: Obtaining data illegally: It is prohibited to use the Services to obtain passwords, personal data of other users for commercial purposes, as well as to sell or misuse such data. This also applies to collecting data for marketing purposes without the explicit consent of the individuals involved.
Requests for money or other values: Unauthorized payment requests: It is prohibited to ask for money or other values from other users, whether in the form of gifts, loans, or other forms of compensation, without prior consent from the parties involved.
Illegal content: Posting illegal content: You may not post content on our platform that is illegal, unethical, or in violation of these Terms of Use. This includes spreading culturally inappropriate content, hate speech, or discriminatory materials.
Spam and unsolicited advertisements: Illegal advertising and spam: Our platform may not be used to send unsolicited mail, chain letters, or any illegal advertising materials. This also includes sending unsolicited commercial communication via email or other channels.
Fraudulent behavior: Impersonating others: Impersonating another user, an employee of REMOS, or any other person is strictly prohibited. This includes using fake email addresses or usernames.
Limiting access and disrupting the use of the Services: Preventing other users: Any activity that could limit or prevent other users from using the Services correctly, or that could harm REMOS or its users, is prohibited.
Additionally, you agree that you will not engage in the following activities:
Sharing the Services with multiple users: Unauthorized access to the Services: We do not permit sharing access to the Services between multiple users under a single registration. Each user must have their own account.
Commercial use of the Services: Unauthorized commercial access: Commercial use of the Services, including copying, market analysis, or other competitive activities, is strictly prohibited without prior consent.
Unauthorized access to servers: Securing the Services: It is prohibited to attempt unauthorized access to parts of the Services or disrupt their functioning. This also applies to accessing servers, databases, or any technical components.
Use of automated tools: Automated devices and processes: Using robots, "spiders," or other automated tools to copy materials from the platform without our consent is prohibited.
Damage to the Services or website: Viruses and malicious software: It is prohibited to use harmful software such as viruses, Trojan horses, or worms that could damage technical devices or the functionality of the website.
Illegal activities: Promoting illegal activities: Our platform may not be used to promote, support, or endorse illegal activities.
Testing system vulnerabilities: Attempting to disrupt systems: Any testing of vulnerabilities in our Services is considered a violation of the terms.
Disrupting the proper functioning of the Services: Deactivating and overloading servers: Attempts to overload, damage, or interrupt the Services are strictly prohibited.
This list does not cover all possible violations of the rules but provides a clear picture of behavior that is not in line with the usage rules of our Services. Violating these rules may result in immediate termination of access to the Services, as well as further legal action.
Violation of Terms of Use and Termination
Any violation
of these Terms of Use will result
in the immediate cancellation of your account without prior notice and without the right to a refund. In addition, such a violation may lead to further
liability for infringement of REMOS's intellectual property rights, as well as other claims and damages. REMOS reserves the right
to suspend or terminate your account or restrict access to the Services at any time, for
any reason, or without cause, at its sole discretion
and without prior notice, compensation, or any other liability. You may terminate
these terms at any time by deleting
your account and stopping the use
of all Services. Account deletion can be performed
through the account settings on the website, or by contacting us at: info@smolfi.com. After deleting the account,
REMOS may retain certain data related to your account for
analytical purposes, maintaining record integrity, fraud prevention, fee enforcement, enforcing our terms,
and taking measures to protect the integrity of the Services and users. If certain
information has been shared with third
parties, in accordance with our Privacy
Policy, its retention will be governed by the terms of those
third parties.
Intellectual Property Rights
REMOS grants
you a non-exclusive, non-transferable, non-assignable,
limited, and revocable license to use the Services on your computer or mobile device for personal, non-commercial
purposes, solely in accordance with these Terms of Use, provided your
account remains active, in good standing, and fully compliant with these Terms.
You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material
from the Services, unless expressly permitted in these Terms of Use. Additionally, you may not
use the Services
for any other
purpose that may be beneficial
to a third party.
The website
name, logo, trademarks, and
all related names, logos, product
and Service names, designs,
and slogans are trademarks
of REMOS or its affiliates or licensors. You may not
use these trademarks without prior written consent from REMOS.
If you believe that any
material contained in the Services infringes
your intellectual property rights or these Terms of Use, contact us
at: info@smolfi.com.
User Content
"User Content" refers to all information,
data, and content that the user uploads,
posts, enters, or otherwise uses in connection with the Services. The
user is solely responsible for their User Content and all risks associated
with its use, including any reliance on its accuracy, completeness,
or usefulness by other users, or any disclosure
that may personally identify the user or a third party.
The user hereby
represents and warrants that their User Content does not
violate these Terms of Use and is responsible for any damages
caused by a breach of these terms. Regardless
of any agreement with REMOS, User Content is not
confidential, and REMOS will not treat
it as confidential. The user may not
suggest or state that their User Content is provided, sponsored,
or endorsed by REMOS. REMOS has no obligation to back up any
User Content, so this content may not
always be available. The user is responsible for creating their
own backup copies of their content.
The user represents
that they have obtained all
necessary rights, consents, authorizations, and permissions to provide and use the User Content,
including intellectual property rights, and that its use
by REMOS will not violate the
rights of third parties, including intellectual property rights, privacy rights, or any other rights, as well as laws, including
data protection laws. The user agrees not to provide
User Content that would violate any
confidentiality obligation,
contractual obligation, or other legal responsibility.
The user is
solely responsible for any User Content
and other information provided to REMOS, whether through the Services or otherwise. If the
user learns that the Services are being used for
illegal or unauthorized purposes, they must inform REMOS.
The user remains
the owner of their User Content but hereby grants
REMOS and its affiliates an irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide,
unlimited license to use and reproduce their User Content to the extent necessary
to provide the Services.
The user hereby
irrevocably waives any claims and assertions regarding copyrights or moral rights to their User Content. By uploading content, the user represents that they have all
necessary rights to provide it and grant a license to REMOS.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
Company REMOS respects the intellectual property rights of others and strives to comply with all applicable laws. We will review all copyright infringement claims we receive and remove any user content that we believe has been published or distributed in violation of these laws. If you believe that your work has been copied on the website and/or Services in a way that constitutes copyright infringement under the Digital Millennium Copyright Act (the "Act"), please email us at info@smolfi.com. In your email, please provide a notice in accordance with the requirements of the Act, including: A description of the copyrighted work that has been infringed and the specific location on the Services where such work is found; A description of where the original or authorized copy of the copyrighted work is located; Your address, phone number, and email address; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
ORDERING AND PAYMENTS
The user may order and purchase Services listed on the website. Prices for provided Services are listed on the website with each Service (sub-pages with descriptions). The price for ordered Services is calculated based on the applicable price list on the day of ordering the Service. REMOS reserves the right to change the price list. The validity of the new price list begins on the day it is published on the website.
The fee for paid Services is paid exclusively to the REMOS bank account. The Service can be purchased on the website, and payments are made through payment platforms that you have authorized. The payment gateway provider and payment processing for REMOS is handled by Comgate, a.s., Gočárova třída 1754 / 48b, Hradec Králové, platby-podpora@comgate.cz, +420 228 224 267, https://www.comgate.cz/cz/platebni-brana, information about payment methods can be found at https://help.comgate.cz/v1/docs/cs/platby-kartou, https://help.comgate.cz/docs/bankovni-prevody. If you choose to make a purchase, you will be prompted to confirm the purchase with the relevant payment provider, and your payment method (whether your card or a third-party account) will be charged according to the prices displayed for the selected Service and any applicable sales or similar taxes that may be imposed on your payments. By doing so, you authorize REMOS or the third-party account, as needed, to charge you these fees.
If payment is not made, REMOS has the right to refuse to provide the ordered Services to the user. If REMOS suspends the provision of Services to the user for reasons specified in these terms, it is not obliged to provide any compensation for the Services the user could not use during the suspension. REMOS’s right to claim damages is not affected.
Complaints
The user has the right to file a complaint regarding an error that occurred on REMOS's side. A mistake on REMOS’s side does not include situations where Services are unavailable to the user due to the user's internet connection failure or other circumstances for which REMOS is not responsible. If the participant wants to file a complaint or another inquiry, they can do so within 14 days of the Service being executed by emailing info@smolfi.com. In this case, we will investigate the user’s complaint and inform the user of the outcome within 30 days from the submission of the inquiry.
Cancellation Terms
In addition to the rights to a refund according to applicable laws, if you made a purchase directly on our website, you are entitled to a refund under certain conditions. In the case of order cancellation on the day the Service is executed, the user will be invoiced for 100% of the Service price with no right to a refund.
THIRD PARTIES, CONTENT, ADVERTISING
The Services may contain links to third-party products or services, which may be published by advertisers, our affiliates, partners, or other users ("Third-Party Content"). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Using Third-Party Content is at your own risk, and before making any transaction related to such content, you should conduct any investigation you deem necessary.
Services may also include sponsored third-party content or advertisements. The type, scope, and targeting of advertisements may change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information within the Services.
Disclaimer of Warranties
The Services are for entertainment, inspirational, and informational purposes only. You understand that REMOS does not provide any guarantees of specific results from the use of the Service. REMOS is not responsible for: Any loss or damage, including personal injury or death, arising from your use of the Service. Any content, including REMOS content and user-generated content, posted on the Service or submitted by users. Any interaction or contact between Service users, whether online or offline. We provide the Services "as is" and "as available" without any representations or warranties, whether express, implied, or imposed by law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, we do not represent or warrant that the Services will be available without interruptions, or that the Services, any content from these Services, or the server that operates these Services will be free from errors, defects, design flaws, omissions, viruses, or other harmful components. Some states do not allow the exclusion of implied warranties, in which case portions of this disclaimer may not apply to you.
REMOS may occasionally provide and/or make available opinions, advice, statements, offers, or other content and information from third parties on the website and/or through the Service. All third-party content is the responsibility of the respective authors and may not necessarily be reliable. These authors are responsible for such content. REMOS does not guarantee (i) the accuracy, completeness, or usefulness of any third-party content on the website or provided through the Service, nor (ii) does it accept, endorse, or assume responsibility for the accuracy or reliability of any opinion, advice, or statement expressed by any party appearing on the website or Service. In no event will REMOS, or its affiliates or subsidiaries, be liable for any loss or damage arising from your reliance on REMOS content or other content posted on the Service.
Limitation of Liability
To the fullest extent permitted by applicable law, we assume no liability to you or any other party for any damages arising from the use of our Services, whether based on contract, warranty, tort (including any form of liability, whether active, passive, or vicarious), product liability, strict liability, or any other legal theory. This includes, but is not limited to, loss or damage of data or programs. Liability for any damages, including direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising from the use, inability to use, or results of using our Services, including the mobile application, website, or content of these Services, is excluded, even if we have been advised of the possibility of such damages. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, and in such cases, these limitations may not apply to you. We also assume no responsibility for errors or omissions in the content of the Services, including, but not limited to, errors in pricing or availability of Services and products.
Disclaimer of Liability
REMOS expressly disclaims any liability for damages, personal injuries, and other liabilities of any kind or nature, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising from or in connection with your: User content, financial data, or any other data you submit to REMOS, including loss or unauthorized access by third parties to this data; Damage to your computer system, internet connection, downloading or displaying data; or Loss or damage to data that occurred or could have occurred due to downloading any material obtained through the Service.
The provisions regarding the limitation of liability in this section shall apply even if your remedial measures under this agreement fail in their essential purpose.
INDEMNIFICATION
You agree to indemnify and hold harmless REMOS, its parent companies, subsidiaries, affiliates, suppliers, licensors, partners, as well as their officers, directors, employees, agents, and representatives from any claims or demands made by third parties arising out of or in connection with: (i) your access to or use of the Services, (ii) any violations of these Service Terms (including negligence or wrongful conduct) by you, (iii) infringement of your or any third party’s intellectual property rights or other rights of any person or entity, or (iv) your User Content. In jurisdictions where the law does not recognize limitations of liability and/or indemnification obligations, you agree to protect REMOS and be fully responsible for any loss, liability, and/or legal costs arising from a breach of these Service Terms outlined in this agreement.
VALIDITY AFTER TERMINATION
Upon termination of these Service Terms, those provisions that expressly or by their nature require performance after termination or expiration will remain in full force and effect. These provisions include, for example, those regarding intellectual property protection, indemnification, payment of fees, and liability limitations, which will apply even after the termination of these Service Terms. Without limiting any other provisions in these Terms, the termination of these Terms for any reason does not release you from any obligations incurred prior to termination or that may arise in connection with any actions or omissions before such termination.
ASSIGNABILITY
You do not have the right to assign these Service Terms or any of your rights or obligations under them without the prior written consent of REMOS in the form of a written document signed by an authorized representative of REMOS. REMOS reserves the right to assign these Service Terms freely without your consent. Any attempt to assign or transfer in violation of this provision will be considered invalid. Subject to the above restrictions, these Service Terms shall be binding upon and inure to the benefit of the successors, heirs, and permitted assigns of the parties.
WAIVER OF RIGHTS AND SEVERABILITY
No waiver of any
term or condition of these
Service Terms by REMOS shall be deemed
a further or continuing waiver of such term or condition, nor a waiver of any other term or condition. The failure of REMOS to enforce any right
or provision under these Service Terms shall not be
deemed a waiver of such right or provision.
If any provision
of these Service Terms is held to be
invalid, illegal, or unenforceable
by a court or other competent tribunal for any reason,
such provision shall be removed
or limited to the minimum extent necessary so that the remaining
provisions of the Service Terms shall remain
in full force and effect.
ACCESS OUTSIDE THE EUROPEAN UNION
Given the
global nature of the internet, you agree to comply with all local
regulations, including, but not limited
to, rules regarding the internet, data, email, privacy protection, copyright,
and trademark infringement.
Furthermore, you agree to comply with all applicable
laws concerning the transfer of technical data. To access the Services or use them, you
must declare and warrant that you
are not: (a) a citizen or resident of any geographical area where access to or use of the Services
is prohibited by applicable law, regulation, decree, agreement, or administrative act; (b) a citizen or resident of any geographical area subject to sovereign sanctions or embargoes; or (c) a
person or employed by or associated
with an entity subject to export control laws or other economic
sanction rules of any sovereign country. You agree that
if your country of residence or other circumstances change so that the above declarations
are no longer accurate, you will immediately
stop using the Services, and your authorization to use them will be
immediately revoked.
CONSENT TO USE ELECTRONIC RECORDS
In connection with
these Service Terms, you may be
entitled to receive certain documents, reports, newsletters from REMOS or our
affiliates, such as contracts, notices, communications, information, and written recommendations. To facilitate your use of the Services,
you grant us permission to provide these documents to you electronically instead of delivering them in paper form.
ENTIRE AGREEMENT
These Service Terms constitute the sole and entire agreement between you and REMOS and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, written or oral, to the extent they relate to the Services.
If you have any questions or comments regarding these Terms, please contact us at: info@smolfi.com
Effective Date:
25.2.2025