This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our websites, https://cloud.topapp.si, and any associated web-based and mobile applications (collectively, “Service”), as owned and operated by TOP APP d.o.o.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Service, collectively “Legal Terms”, constitute the entire and only agreement between you and TOP APP d.o.o., and supersede all other agreements, representations, warranties and understandings with respect to our Service and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Service. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Service. If you have already accessed our Service and do not accept our Legal Terms, you should immediately discontinue use of our Service. The last update to our Terms of Service was posted on Januar 27, 2016.
Definitions
The terms “us” or “we” or “our” refers to TOP APP d.o.o., the owner of the Service. A “Visitor” is someone who merely browses our Service, but has not registered as Member. A “Member” is an individual that has registered with us to use our Service. Our “Service” represents the collective functionality and features as offered through our Service to our Members. A “User” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Service are collectively known as our “Content”.
Warranty Disclaimer
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, TOP APP d.o.o. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TOP APP d.o.o. makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service. TOP APP d.o.o. reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Limitation of Liability
To the maximum extent permitted by applicable law, TOP APP d.o.o. shall not be liable for: (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of: profits, revenue, data, use, good-will, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the services; (d) damages relating to any conduct or content of any third party or subscriber using the services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any content. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not TOP APP d.o.o. has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.
Intellectual Property
Our Service may contain trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Service does not constitute any right or license for you to use such trademarks, without the prior written permission of the corresponding trademark owner. Our Service is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Service is strictly prohibited. Your use of our Service does not grant you ownership rights of any kind in our Service.
Using your account
TOP APP d.o.o. hereby grants you a royalty-free, nonexclusive, worldwide, non-transferable, right and license to access, use and execute the Service and its related software for the applicable subscription term subject to the restrictions set forth in these Terms. The Service is owned and operated by TOP APP d.o.o. and provided to You on a subscription basis; TOP APP d.o.o. is not transferring ownership or title to the Service to You.
The Service is made available for download solely for use by You and only according to these Terms. Any reproduction, resale or redistribution of the Service that is not in accordance with these Terms is expressly prohibited, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The license granted hereunder may not be transferred by You to any third party and is non-exclusive.
You acknowledge that the Services and their related software are proprietary to TOP APP d.o.o. and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You may not remove any proprietary notices or labels from any of the Services. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce any of the Services to a human-readable form. You may not reproduce, distribute or create any derivative works based on the Services without expressly being authorized in writing to do so by TOP APP. Further, You may not rent, lease, grant a security interest in or otherwise transfer any rights to the Services. All rights not expressly granted in these Terms are reserved to TOP APP and its suppliers.
The license granted hereunder entitles You to receive any and all standard updates and support that TOP APP provides to all users of its Services, generally. Notwithstanding the previous sentence, TOP APP reserves the right to charge all of its users fees for any future versions of, or premium (i.e., charged for) upgrades to, the Services. You understand that TOP APP may update or modify any of the Services and their related software at any time, but is under no obligation to inform You of any such updates or modifications. For the avoidance of doubt, unless TOP APP chooses to provide such updates or modifications to all of its users, these Terms do not grant You any right, license or interest in or to any premium support, maintenance, improvements, modifications, enhancements or upgrades to the Services or their related software.
You are solely responsible for the content of Your computer(s) and Your TOP APP account and any transmissions made when using the Services. Your use of the Services are subject to the Terms set forth herein and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). When using any of the Services You hereby agree: (i) to comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) not to use the Service to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (iii) not to use the Service for any illegal purposes; (iv) not to delete from the Service or its related software, documentation or any TOP APP Service used in connection with the Service, any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices, or modify any logos that You do not own or have express permission to modify; (v) not to use the Service to interfere or disrupt any other networks connected to the Service; (vi) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vii) not to use the Service to distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. You shall not access or use someone else's TOP APP account at any time, without first obtaining the permission of the account holder. You agree that You are responsible for all actions and inactions of Your employees, consultants, or any other third party that You allow to access Your TOP APP account, and You agree to use commercially reasonable efforts to monitor such third party users.
Payments, fees and renewals
Accepted Methods of Payment:
Payment of Subscriptions.
Payment of the subscription fee is upfront for the selected period and must be by credit card charge, PayPal® charge, Apple App Store or invoice, and Your subscription will not be automatically renewed. All payments are processed by Braintree, Paypal or Apple App Store.
Free Subscriptions. Notwithstanding the above, Your subscription to any of TOP APP's free Services do not require the payment of a subscription fee. TOP APP reserves the right, in its sole and absolute discretion, to restrict or limit the number of “free” or “basic” versions of the Services that may be used by any individual, entity or group of entities.
EU customers. The price for the service may vary, as per EU VAT regulative, VAT must be declared based on your residency. Price is calculated after you provide proper residency information.
No Cancellations. Notwithstanding any provision of these Terms or any course of dealing between the parties, You may not cancel, terminate or rescind a subscription during its term. Any and all payments by You to TOP APP for access to the Services are final.
Paying via PayPal®. TOP APP also accepts payment via PayPal®. In order to pay with PayPal, You must have an account with PayPal. When You select PayPal to make payments, the transaction is re-directed from TOP APP's site to PayPal's payment site. When PayPal is used, Your financial information is not shared with TOP APP. Once directed to PayPal's site, PayPal is charged with protecting Your personal and financial information. Your PayPal account and any activities related thereto shall be subject to PayPal's terms and conditions and any information provided to PayPal in relation thereto will be governed by PayPal's privacy policy. Once payment is complete via PayPal, PayPal will email a receipt for this transaction. TOP APP reserves the right to request proof of identity from any PayPal member.
Payment Due. Unless otherwise provided for herein, payment of all fees are due and payable to TOP APP without demand, invoicing or notice before the commencement of the subscription period to which those fees apply.
Taxes. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, or the use or possession of a Service, or any software or other product provided under these Terms, excluding any taxes based on net income payable by TOP APP. If You are exempt from paying any sales, use or other taxes, You must provide TOP APP with appropriate evidence of tax exemption for all relevant jurisdictions.
Sales, Promotional Offers, Coupons, Credits. Sales, promotions and other special discounted pricing offers are temporary and upon the renewal of Your subscription, any such discounted pricing offers may expire. TOP APP reserves the right to discontinue or modify any coupons, credits, sales and special promotional offers at its sole discretion.
Use of personal data
Please refer to our Privacy Policy.
Links to Other Websites
Our Service may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Service does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. TOP APP d.o.o. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in Slovenia, and shall be governed by and construed in accordance with the laws of Slovenia, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of TOP APP d.o.o. under our Legal Terms shall survive the termination of our Legal Terms.
Mobile applications
Google and Apple have no obligation at all to provide any support or maintenance services in relation to the Android Application and Apple Application. If you have any maintenance or support questions in relation to the Application, please contact us, not Google or Apple, using the contact details at the end of these terms.
Contacting Us
If you have any questions about this Terms of Service, please contact us at:
TOP APP d.o.o.
Trzin, Slovenia
web: http://www.topapp.si
mail: support@topapp.si
phone: +386 40 826161