1.1 These General Terms and Conditions (hereinafter the “GTC”) govern the rights and obligations between Grow-App s. r. o., with its registered office at Černyševského 1287/10A, 851 01 Bratislava – Petržalka, Company ID: 56846398, registered in the Commercial Register of the Bratislava III District Court, Section: Sro, Insert No. 186934/B (the “Provider”), and the Customer in connection with the creation and use of the Application and the services provided via the Application and/or the web application.
1.2 Unless the contract provides otherwise, the user acknowledges that the Application and the Web Application within the meaning of these GTC, including their modifications and changes, constitute a work under Act No. 185/2015 Coll. on Copyright (the “Copyright Act”), as amended, and as such are protected under that Act. The Customer is not authorized without notifying the Provider to distribute, reproduce, or otherwise handle the Application and/or the Web Application in any manner other than as permitted for the use of the Application and the Web Application under these GTC.
1.3 The legal relationship between the Provider and the Customer is established for the term specified in the contract. The Provider or the Customer may terminate the legal relationship established between them at any time in accordance with Article 8 of these GTC.
2.1 “Provider” means Grow-App s. r. o., with its registered office at Černyševského 1287/10A, 851 01 Bratislava – Petržalka, Company ID: 56846398, registered in the Commercial Register of the Bratislava III District Court, Section: Sro, Insert No. 186934/B.
2.2 “Customer” means any natural or legal person that places a binding or non-binding order for the Provider’s services.
2.3 “User” means any natural or legal person that has a user account created in the Application or the Web Application.
2.4 “Parties” means the Provider and the Customer.
2.5 “Application” means a mobile application intended for devices running Android and/or iOS.
2.6 “Mobile Device” means a mobile phone, tablet, or other device that meets the hardware and software requirements for installing and using the Application.
2.7 “User Account” means a User’s account created in the Application or via the Web Application, accessible to the User in both, and enabling the User to use certain functionalities in the Application and the Web Application.
2.8 “Web Application” means an internet application and/or website intended for PCs and mobile devices running Android, Windows, and/or iOS.
2.9 “Business Partner” means any natural or legal person that has familiarized itself with these GTC.
3.1 The subject of these GTC is to set the conditions under which the service of developing mobile applications and/or a web application, and/or ancillary services, including subsequent application maintenance (if agreed by the Parties), will be provided.
3.2 The mobile application development service begins with an initial meeting at which the Provider identifies the Customer’s needs and presents a price offer. Upon the Customer’s acceptance of the offer, a contract is concluded specifying the conditions for creating the work.
3.3 During development, the work is owned by the Provider. Upon completion and handover to the Customer, ownership is defined in the relevant contract.
3.4 After the Customer accepts the price offer and the Parties sign the contract, the Provider issues a pro-forma invoice for the agreed amount, payable within 7 calendar days of delivery to the Customer. Delivery is deemed effected when the pro-forma invoice is sent by email to the address stated in the contract.
[Numbered in the original as 4.2] After the Application and/or Web Application is handed over by the Provider and accepted by the Customer, the Provider issues an invoice for the remaining agreed amount, payable within 14 calendar days of delivery. Delivery is deemed effected when the invoice is sent by email to the address stated in the contract.
4.1 When using the Application and the Web Application, the Customer shall comply with generally binding legal regulations in force in the Slovak Republic as well as with good morals.
4.2 The Customer undertakes to comply with these GTC in their current wording.
4.3 The Provider undertakes to enable the Customer to use the Application and the Web Application.
4.4 The Provider undertakes to ensure the Customer uninterrupted access to the User Account via the Application or the Web Application.
4.5 The Provider is entitled to temporarily interrupt access to the Application or its functionalities, to the Web Application, to the User Account, and/or to the Customer’s Database for the necessary period in case of updates and/or maintenance of the Application, the Web Application, and/or the hardware used to operate the Web Application, User Accounts, or User Databases. In such case, the Customer is not entitled to compensation for damage caused by the unavailability or malfunction of the Application or Web Application and/or the User Account and/or the User Database.
4.6 The Provider is not authorized, at its sole discretion, to implement and/or remove elements and functions of the Application and/or the Web Application at any time, nor to update the Application and/or the Web Application at any time at its sole discretion, and such updates may have a direct and/or indirect impact on how the Application, the Web Application, or the services provided or accessible through them function.
4.7 The Provider does not guarantee and does not warrant that the Application and/or the Web Application will be accessible from any device used by the User or the Customer.
4.8 The Provider is entitled to temporarily interrupt or limit the provision of the Application or the Web Application without this being considered a breach of the GTC, if the User, the Customer, or a third party abuses the Application or the Web Application or enables such abuse, until such abuse is remedied or technical measures are implemented to prevent it. Abuse includes, for example:
(a) performing any unlawful or otherwise inappropriate activity contrary to the legal regulations of the Slovak Republic or the Czech Republic through the provided service;
(b) disseminating or enabling the dissemination of unlawful or inappropriate communications;
(c) disseminating or enabling the dissemination of harmful code;
(d) disseminating or enabling the dissemination of unsolicited and nuisance messages;
(e) infringing or enabling the infringement of copyright or proprietary rights;
(f) compromising the security of the Provider’s networks, information systems, or services;
(g) unauthorized access or attempt to gain unauthorized access to data in the Provider’s networks and information systems or to other users’ data;
(h) overloading the Provider’s networks and information systems.
4.9 The Provider supplies, and the Customer accepts, the services “as is.” The Application or the Web Application is not intended for entities subject to special regulation.
4.10 The Provider bears no liability for the content of data provided to the User and/or the Customer in the course of providing the Application or the Web Application services. The Provider undertakes to make best efforts to ensure that the content of data provided to the Customer and the User within such services complies with the legislation in force in the Slovak Republic and in the Czech Republic; however, by accepting these GTC the Customer/User acknowledges that the Provider does not bear legal liability for such compliance.
4.11 For the purpose of providing the Application or Web Application services, the Provider is entitled to use third-party services.
5.1 The Provider bears no liability for damage caused to the User by any defect of the Application or the Web Application.
5.2 The Provider is not liable for damage caused to the User by the malfunction of the Application or the Web Application and/or by the unavailability of the User Account and/or the User Database. The Provider is also not liable for damage caused by events or phenomena that occurred independently of the Provider’s will.
5.3 The Provider bears no liability for damage caused to the User by the Customer.
6.1 Consent or refusal of consent under this Article of the GTC is granted for the entire duration of the contractual relationship between the Customer and the Provider under these GTC, i.e., from the date consent or refusal of consent is given until the date the contractual relationship ends—i.e., the termination of the contract and/or the operation of the Application and/or the Web Application—but for no longer than 10 years from the date such consent or refusal of consent is given, whichever occurs first. The Customer may withdraw the consent granted under the preceding sentence at any time at its discretion. Consent granted under this clause is deemed consent within the meaning of Section 62(2) of the Electronic Communications Act, the GDPR and the Personal Data Protection Act, and Section 3(3) of Act No. 147/2001 Coll. on Advertising, as amended.
6.2 The Provider undertakes to ensure compliance with the most relevant principles of collecting, using, sharing, and processing personal data by issuing and publishing a separate document titled “Privacy Policy.”
7.1 The Provider’s liability for defects of the Application and/or the Web Application and of the services provided through them arises only where the defects expressly prevent the Customer and/or the User from using the Application and/or the Web Application, the Customer has demonstrably notified the Provider of such defects (clearly and intelligibly describing them), and the Provider has failed to eliminate such defects within 5 (five) business days from the date of the Customer’s notice.
7.2 If, during the use of the Application and/or the Web Application and services provided through them, the Customer encounters any defect or shortcoming, the Customer may contact the Provider’s technical support at info@grow-app.sk in order to resolve the technical issue.
7.3 The address of the competent supervisory authority: Inšpektorát Slovenskej obchodnej inšpekcie pre Košický kraj, Vrátna 3, P. O. BOX A-35, 040 65 Košice.
8.1 The contract terminates only on the grounds and in the manner provided therein or only on the grounds and in the manner provided by the legislation of the Slovak Republic.
8.2 The Parties may terminate the contract at any time by mutual written agreement.
8.3 Either Party may withdraw from the contract in the event of a material breach of the contractual terms. For the purposes of the contract, a material breach means a proper and/or timely failure to fulfill any obligation by the Provider or by the Customer under the terms agreed in the contract.
8.4 The Customer and/or the Provider may terminate the contract by notice without stating a reason, subject to a 30-day notice period, which begins on the first calendar day of the month immediately following the month in which the Provider received the written notice.
8.5 Withdrawal from the contract or notice of termination shall be delivered to the other Party by registered mail to the registered office address of the respective Party. If delivery by registered mail is unsuccessful, the date the letter is returned to the sender shall be deemed the date of proper delivery. A document shall be deemed delivered even if the addressee refuses to accept it.
9.1 If the Customer is not satisfied with the Provider’s handling of a submission or complaint, or believes that the Provider has infringed the Customer’s rights, the Customer has the right to request redress from the Provider via info@grow-app.sk.
9.2 If the Provider has responded to the Customer’s request by rejection, or if the Provider has not responded within 30 (thirty) days of the Customer’s request, the Customer has the right to submit a motion for alternative dispute resolution to a competent ADR entity pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended.
9.3 The competent ADR entity for disputes with the Provider is the Slovak Trade Inspection Authority, Ústredný inšpektorát SOI, Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov, Bajkalská 21/A, P. P. 29, 827 99 Bratislava, or another competent entity listed in the register maintained by the Ministry of Economy of the Slovak Republic (the list is available at: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskychsporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1). If multiple entities are competent, the consumer is entitled to choose the ADR entity.
10.1 By signing the contract, a contractual relationship arises between the Provider and the Customer. The content of the contract consists of these GTC as in force on the date of signing the contract, including later amendments. The contract is concluded for the term stated therein and terminates on the date for which it was concluded and/or on the date on which the Customer terminates operation of the Application and the Web Application.
10.2 The Provider is entitled to unilaterally change, update, or supplement these GTC at any time, in particular due to changes, operational needs, business decisions of the Provider, or legislative changes. The validity and effectiveness of such updates, changes, or supplements do not require the Customer’s prior or subsequent consent. The Provider shall notify the Customer of any update, change, or supplement to these GTC before it becomes effective by displaying a relevant notice on the Provider’s website. This fulfills the Provider’s notification obligation to the Customer.
10.3 If any provision of these GTC is found invalid, this shall not affect the validity of the remaining provisions.
10.4 Contractual relationships between the Parties not expressly regulated in these GTC are governed by the applicable generally binding legal regulations in force in the Slovak Republic.
10.5 These GTC enter into validity and effect on 01/04/2025.
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