TERMS OF SERVICES

These Terms of Services (the “Terms”) apply to users of mobile application Wallet (the “Wallet”) or its web application located at www.budgetbakers.com, and to visitors of portal www.budgetbakers.com (the “Website”), and to users of any other service, product or content made available by BudgetBakers s.r.o. (the “Provider”). By using or accessing (either with a computer, a mobile phone or other electronic device now or hereafter devised) Wallet or Website (including the mobile version of the website) or any product, content or other service made available by Provider, you agree to be bound by Terms as well as by:

  • Privacy Policy which sets out Provider’s data practices;
  • Any terms provided to you separately or provided in Wallet or on Website to further specify the terms of use of Provider’s services (for example, separate product or program terms, purchase, activation and payment terms);
  • Additional third party terms and conditions as indicated in Terms or in other documents provided in Wallet or on Website.

Definitions and Interpretations

In these Terms of Services, unless the context requires otherwise:

Terms means set of rules, conditions and terms which are stated to define regulations of use of products and services made available by Provider.

Provider means company BudgetBakers s.r.o. (contact information provided in Contacts section at www.budgetbakers.com).

User means a person who uses services, applications, websites or reads content created or made available by Provider.

Wallet means an App which was created by Provider to record Users’ income and expenses.

App means a specialized program (application) utilized for mobile devices.

Website means a connected group of pages available at www.budgetbakers.com on the World Wide Web, regarded as a single entity with certain Content maintained by Provider.

Premium features mean set of services which are bringing certain value for certain users and are accessible during trial period or via in-app-purchase.

Sharing means to give specific Users access to online Content in Wallet or Website. This is done via Premium feature called Group sharing where User can invite and select Users by his or her choice to give them access and roles to view, manage or admin Content in Wallet.

Bank Connections means automated algorithm in the App which is created by Provider and Third party, which is used by User and with permission given to Wallet from User to access informations from various types of bank accounts owned or maintained by User in order to read data from this bank account and display them in Wallet. Wallet is only displaying informations from bank accounts, Wallet is not designed and therefore not able to change, modify or send any information it Users bank account.

Content means something that is to be expressed in the Wallet, App, Website or other media, as speech,writing, film, clip, video or any of various arts. Content can be created by Provider or by User.

Definition of Wallet

Wallet is a mobile App designed for Android and iOS devices and World wide web platforms, developed and offered by Provider. Wallet enables its users to manually record, their income and expenses or to use Premium features such as Bank Connections or Sharing  in order to analyze their personal finances and monitor their income and expenses status. Use of the Wallet mobile application and all the related services provided thereby (collectively referred to as “Wallet”) is subject to the terms of a legally binding agreement (“Terms”) between you and the Provider.

Wallet is currently available for download free of charge, however it contains in-app purchase options that unlock additional features (“Premium features”).

Acceptance for Wallet users

These Terms regulate the legal relationship between User and Provider. Users may not use Wallet if they don’t accept them. The Terms are always made available to User prior to the download of the Wallet application. By downloading, installing, using or otherwise accessing Wallet, Users are expressing their acceptance and willingness to be bound by the Terms. Users must confirm their acceptance of Terms by leaving the pre-marked checkbox ticked before signing up for Wallet in case they want to use account-based features.

Users must be at least 13 years old, and have sufficient legal capacity to enter into a contract, in order to accept these Terms. If they are 13 or older but under 18 years, they must obtain their parent’s or legal guardian’s permission to accept the Terms and start using Wallet.

General Conditions (Terms summary)

The service is provided on “as is” and “as available” basis. Support for Providers services is only available in English and Czech, via email. You acknowledge that Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Wallet. You must not modify, adapt or hack Wallet or modify another website so as to falsely imply that it is associated with the Wallet or Website or any other Provider’s service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Wallet, use of Wallet, or access to the Wallet without the express written permission from Provider. Provider may, but have no obligation to, remove Content and accounts containing Content that he determines in his sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or to be violating any party’s intellectual property or these Terms. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Provider’s customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Provider) of other Provider’s customers, Provider reserves the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. Provider does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Wallet will be corrected. You expressly understand and agree that Provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. The failure of Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Provider and govern your use of Wallet, superseding any prior agreements between you and Provider (including, but not limited to, any prior versions of the Terms of Service). Your use of Wallet is at your sole risk. You agree that these Terms  and Your use of the Service are governed by the Czech law.

Questions about the Terms of Service should be sent to support@budgetbakers.com

Terms and Termination

Terms will remain in full force and effect while you use Wallet and until terminated by either you or Provider.

Termination always includes deletion of your user account and all related data and Content, unless your data and Content have been shared using Sharing created by Provider with other users, and they have not deleted them.

You may terminate the Terms at any time and for any reason by sending a written notice to the address of the Provider and deleting the Wallet application. Refund of your purchases is not possible.

Provider may terminate Terms at any time and for any reason. In case of immediate termination due to your breach of Terms you are not entitled to any refunds.

Amendments

Provider may amend Terms at his sole discretion. You will be notified about the planned changes in advance through Wallet or via email. Updated Terms will be posted to Website 14 days prior to the effective date. By continued use of Wallet, you are expressing your acceptance of the changes. If you don’t agree with the changes, you may terminate the Terms at any time, meaning that you stop using products and services created or made available by Provider immediately.

Hardware and System Requirements

Information about the current hardware and system requirements of Wallet, technical restrictions and and other limitations are always available on the technical information page in Wallet.

Development

Wallet is subject to a continuous development and Provider reserves the right, at his sole discretion, to update Wallet, change the nature of Wallet or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update Wallet.

Third-party Services

Wallet or its parts may include third-party services or content such as: Examples: Facebook Login, Google Login, Saltedge – Salt Edge Customer Data API & Services and its End User Licence Terms or others. You acknowledge that additional terms of use and privacy policies may apply to your use of such third-party services and that availability of such services and content is not guaranteed. You must comply with any applicable third party terms of agreement when using Wallet.

Provider does not guarantee an uninterrupted provision of any third-party services. Wallet may be temporarily unavailable due to maintenance, certain technical difficulties, or other events that are beyond Provider’s control.

Service disruption

Provider does not guarantee an uninterrupted provision of the services. Wallet may be temporarily unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Provider’s control.

Support

If you have any questions, problems or suggestions, you can reach Provider via contacts provided in Contacts section. However, you acknowledge that the support to Wallet may be constrained due to the limited capacity of Provider.

Android Platform Users specific information

If you are an Android device user, the terms in this section apply to you:

You acknowledge that these Terms are concluded between you and Provider only, not with Google, and that the Provider, not Google, is solely responsible for the App and the content thereof, excluding user content.

The license granted to you is limited to usage of Wallet only as permitted by the Usage Rules set forth in the Play Store Terms of Service, except that Wallet may be accessed and used by other accounts associated with the purchaser via Sharing functionality.

Provider and not Google is solely responsible for providing any maintenance and support services with the regard to Wallet. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with the regard to Wallet.

In the event Wallet fails to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price to you. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to Wallet, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of the Provider.

Provider and not Google is responsible for addressing any of your or third party claims relating to Wallet or your possession and/or use of Wallet, including, but not limited to, product liability claims, any claim that the Wallet fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.

You acknowledge that in the event of any third party claim that Wallet or your possession and use of Wallet infringes that third party’s intellectual property rights, Provider, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You acknowledge and agree that Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Google will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

iOS Platform Users specific information

If you are an iOS device user, the terms in this section apply to you:

You acknowledge that these Terms are concluded between you and Provider only, not with Apple, and that the Provider, not Apple, is solely responsible for the App and the content thereof, excluding user content.

The license granted to you is limited to usage of Wallet only as permitted by the Usage Rules set forth in the App Store Terms of Service, except that Wallet may be accessed and used by other accounts associated with the purchaser via Sharing functionality.

Provider and not Apple is solely responsible for providing any maintenance and support services with respect to Wallet. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Wallet.

In the event Wallet fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Wallet, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of the Provider.

Provider and not Apple is responsible for addressing any your or third party claims relating to Wallet or your possession and/or use of Wallet, including, but not limited to, product liability claims, any claim that the Wallet fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.

You acknowledge that in the event of any third party claim that Wallet or your possession and use of Wallet infringes that third party’s intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Your use of Wallet

You must use Wallet or Website only in accordance with Terms, for the purpose it was intended for, and obey all applicable laws. You should not use Wallet or Website when the usage would distract your ability to concentrate on situations which may cause death or are dangerous to your personal health as well as health of others. Examples include driving a vehicle, working with hazardous materials, working with electrical appliances, moving sharp edges, walking in the crowds etc. Any damages and losses related to such inappropriate usage are sole responsibility of User.

Permissions and Privacy Policy

In order to access all Wallet features you have to grant Provider access permissions required by Wallet. This access will be used only for the activities related to functionality of Wallet, no other information are scanned on your mobile device.

Some of Wallet features may be used only if you consent to your personal data being processed by Provider. All information, including the extent and the manner of processing your personal data, is included in the “Privacy Policy“, which is an integral part of the Terms.

You can withdraw your previously given consent at any time by deleting your account and the Wallet application.

User Account Terms

In order to access all Wallet features you have to sign up. You agree to provide accurate, truthful and current information and keep it up to date. There is also an option to sign up for Wallet with your personal Facebook or Google account.

You must keep your account login information confidential and secure and you may not share it with anyone. You are solely responsible for any activities that occur under your account.

Provider reserves the right to refuse your registration or suspend your Wallet account at any time.

You may enter and upload your own texts, numerical data, photos or other content (collectively referred to as “Content”) to Wallet. You retain copyright and any other rights to Content that qualifies for a legal protection. For such Content you grant Provider a worldwide non-exclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including, without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You affirm that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of Terms.

You are solely responsible for any Content you provide and for any consequences thereof. You may not enter or upload unlawful content or content that infringes copyright or any other third party rights. You may not upload any Content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal and share it with other Wallet users.

Provider does not review the user Content, but reserves the right to remove or disable access to any user Content for any reason.

Provider has no responsibility for the accuracy of Content you provided or which was created by Wallet based on your input.

You are solely responsible for backing up the Content you enter or upload to Wallet.

You are responsible for maintaining the security of your account and password. Provider cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have their accounts Shared under your master account).

You may not use Wallet for any illegal or unauthorized purpose. You must not, by using Wallet, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

You may only use Wallet if you are over 13. By using Wallet you are affirming that you are over 13 years of age and that you have read, understood and agree to these Terms of Services.

Premium Features and Prices

Wallet is available for download free of charge. Free version allows you to use only the basic features of Wallet. You can unlock Premium Features by in-app purchases.

Current detailed information about the in-app purchase offer is always available on the platform-specific page of Wallet or within Wallet application. You can choose between monthly or yearly subscriptions.

Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).

Provider does not guarantee that Wallet or any of its features will always be free and reserves the right, at his sole discretion, to change the pricing at any time.

Downloading or using Wallet may incur additional costs for the internet connection. You shall bear all such costs relating thereto.

You can purchase selected plans containing  Premium Features or subscriptions simply by pressing the “Purchase” button in the platform in-app purchase dialogue which summarizes information about billing type, price and term.

By pressing the “Purchase” button you enter into an additional contract pursuant to the Terms. Due to the method of conclusion of the contract, the text of the contract is not saved nor accessible.

In a case you are a consumer with your normal place of abode or residence in the European Union, by pressing the “Purchase” button you also give your consent that the contractual performance will start immediately and you acknowledge that for this reason you lose your right of withdrawal.

Payment is due and payable immediately upon completion of the purchase process. Performance starts immediately after a successful transaction by unlocking Premium features in Wallet. It proceeds by electronic means and is not subject to any extra fees.

If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term has run out. The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term and Wallet will be downgraded.

Distribution platforms accept various payment methods, including but not limited to, credit and debit cards, gift cards or PayPal.

Provider itself doesn’t store any payment information nor process payments. Distribution platforms or their contractors are solely responsible for the payment processing.

Refunds for the in-app purchases are generally not provided.

Trials

Provider may offer subscriptions with a specified trial period without payment. However, you are required to provide your payment details to start such subscription.

Cancellation and Termination

Your account can be canceled by sending cancellation request to support@budgetbakers.com All of your Content will be deleted from Wallet upon cancellation within 5 working days. This action cannot be recovered once your account is cancelled. If the Service is canceled before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Provider, at his sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Wallet, or any other Provider’s service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account.

Modifications to the Service and Prices

Provider reserves the right at any time and from time to time to modify or discontinue Wallet (or any part thereof), temporarily or permanently, with or without notice. Prices of all Premium features, including but not limited to monthly/annually subscription plan fees to the Premium features, are subject to change upon 30 days notice from Provider. Such notice may be provided at any time by posting the changes to the Website or in Wallet. Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Wallet.

Copyright and Content Ownership

Provider claims no intellectual property rights over Content you provide to the Service. Your profile and materials uploaded remain yours. However, by using Sharing functionality to share your account with others, you agree to allow others to view your Content. You shall defend Provider against any claim, demand, suit or proceeding made or brought against Provider by a third party alleging that your Content, or your use of Wallet in violation of this Terms, infringes or misappropriate the intellectual property rights of a third party or violates applicable law, and shall indemnify Provider for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Provider in connection with any such claim, demand, suit or proceeding; provided, that Provider (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Provider of all liability); and (c) provides to you all reasonable assistance, at your expense.

The look and feel of Wallet is owned by Provider. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Provider.

Warranties and Limitation of Liability

To the fullest extent permitted by law, in no event shall Provider be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including without limitation, loss of use, data, profits or property damage, arising out of or related to your use or inability to use Wallet, especially due to reduction of availability, malfunction, cancellation or modification, of occurrence of other errors in the operation of Wallet, even if providers has been advised of the possibility of such damages. Limitation above does not include provider’s liability for fraud, misrepresentation and personal injury or death. In no event shall Provider be held liable to pay any financial compensation or settlement for any damages. Some jurisdictions do not allow the limitation of liability, so this limitation may not fully apply to you.You expressly acknowledge and agree that use of Wallet is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort remains solely with you. To the fullest extent permitted by applicable law, the service is provided “As is” without any warranties except as set forth in the present Terms. Some jurisdiction do not allow limitations on implied warranties, so this disclaimer may not fully apply to you.

Indemnification

You agree to indemnify and hold Provider, his directors, officers, employees and other representatives, harmless from any and all third-party claims arising from your use of Wallet, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorney’s fees.

Governing Law and Disputes

Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the Czech Republic. All the disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of the Provider.

Privacy

Some features of Wallet may be used only if you consent to your personal data being processed. All information, including the extent and the manner of processing your personal data is included in the “Privacy Policy”, which forms an integral part of the Terms.

You can withdraw your given consent at any time by deleting your account and Wallet application.

Severability

If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.

Contact Information

Company address:

BudgetBakers s.r.o.

Company ID: 02882957

Mr. Jan Muller (founder)

U Sladovny 196, Lochkov

154 00 Prague 5

Czech Republic

 

email: support@budgetbakers.com

www.budgetbakers.com

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