1. Introductory Provisions
These General Terms and Conditions (hereinafter: General Terms and Conditions) govern the relationship between the rights and obligations of the company OmoLab komunikacije d.o.o.,Avenija Dubrovnik 15/12, 10000 Zagreb, OIB-VAT Reg. No.: 54157626144 (hereinafter: Service Provider, We, Our, OmoLab) determine the content and terms and conditions of use of the Lexie online application (hereinafter: Application) and the rights and obligations of the application user (hereinafter: User or You).
By logging in online on the website www.omoguru.com (hereinafter: Website) with his e-mail address, and/or one of his usernames and passwords, the User accepts the terms and conditions of use of the Services laid down in these General Terms and Conditions and confirms that they were known and available to him.
By installing and using the Application, the User accepts these General Terms and Conditions and any future amendments there to, as well as the code of conductor policies published on our Website.
FROM TIME TO TIME, THESE GENERAL TERMS AND CONDITIONS MAY BE AMENDED, AND SUCH AMENDMENTS SHALL TAKE EFFECT IMMEDIATELY, OR IMMEDIATELY AFTER:
− OUR EMAIL NOTIFICATIONS;
− YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AFTER THE CHANGES HAVE OCCURRED, OR
− YOU USE THE APPLICATION AFTER WE HAVE UPLOADED THE UPDATED TERMS AND CONDITIONS AND MADE THEM AVAILABLE ON THE WEBSITE.
BY USING THE SUPPLEMENTARY SERVICES, OR SERVICES OF OUR PARTNERSWITHIN THEAPPLICATION, WE MAY ENCLOSE ADDITIONAL TERMS AND GUIDELINES ORPOLICIES TO YOU, WHICH MAY APPLY TO SUCH SERVICES, AND WHICH MAY BE PERIODICALLY PUBLISHED ON THE WEBSITE.
These General Terms and Conditions are an integral part of the contract between OmoLab and the User and are published on the www.omoguru.com website, and visible to the User after logging in by email and/or username and password.
2. Concepts and Definitions
The Service Provider is OmoLab Communications d.o.o.
The User is a legal or natural person with whom the Service Provider concludes a contract for the use of the Application through means of remote communication, in accordance with the applicable regulations.
The Person Responsible is a person authorised by the User who has registered to use the Application and who, by making a registration, has accepted the General Terms and Conditions.
The application complies with the provisions of the applicable positive regulations of the Republic of Croatia developed by the Service Provider.
The Restriction of Use of the Application is preventing the User from using a particular service, which will be applied when the conditions for temporary or permanent exclusion are met in accordance with the applicable regulations, or these General Terms and Conditions.
The Database is a set of all data entered through the Application, stored appropriately, and tailored to the needs of the Application.
3. Technical Conditions for Using the Application
To use the Application, the User must provide the following technical conditions at his own expense and his own risk:
(1) personal computer, smartphone, tablet, or another device capable of displaying websites,
(2) internet access,
(3) internet browser, as recommended on the website www.omoguru.com.
4. Registration Process and Conclusion of Contracts
Registration is made on the website www.omoguru.com, on the domain where the application is located, during which the acceptance of these General Terms and Conditions is required, as follows:
The User registers to use the web application by entering an e-mail address and optionally personal data
In order for registration to use the application to be possible, the User must confirm that he has been presented with these General Terms and Conditions and has to agree with them
As the registration process continues, the user selects the password to log into the Application for future use and the maximum security of his user account.
With this registration process, the user initiates a 30-day free trial period of use of the Application. The user is entitled to a trial period only once.
At the end of the trial period, the use of certain Application functionalities can be continued by paying a fee according to the plan outlined in the Application and on the www.omoguru.com website. To make a payment, you must fill in the user and payment method information and confirm your subscription in the Application.
The User is free to subscribe to the Application even before the trial period expires by selecting the account plan in the Application itself and adding payment information.
The Service Provider is obliged to provide the User with an invoice for the fee collected for the Use of the Application.
If the User does not wish to pay a fee for the Use of the Application, he will be able to access the limited application interface and free libraries available in the application even after the expiry of the 30-day trial period.
6. Duration of the Contract, Prices, and Payment Terms
To use certain functionalities of the Application, the User is obliged to pay the Service Provider a fee for the use of the Application, indicated in the account plan within the Application itself and published on the Website, in the manner specified in point 5. Payment.
The contract for the use of the Application is concluded for a fixed period of 1 (in words: one) month, or 12 (in words: twelve) months, as chosen by the User within the Application. The beginning and expiration of the contractual relationship will be indicated on the invoice issued by the Service Provider, as well as in the User profile within the Application.
The contract for the Application use will be automatically renewed for the same period as the previously concluded contract at the end of the said contract. The User will be informed before the expiry of the renewed contract and will have the possibility to cancel the contract renewal and further use of the paid functionality of the Application.
In case you would like to add other options to the Starter subscription after you have already subscribed, those options will align with the duration of the Started subscription, while you will be charged a full price for their use. (i.e. You subscribe to the Started on April 10th, then add Editor & OCR option on April 17th both subscription will renew on May 10th)
7. Trial Use, Temporary Restriction and Change in the Method of Use of the Application
The Service Provider is authorized to provide the User with a trial use of the Application for up to a maximum of 30 days. This authorisation may be revoked by the Service Provider at any time, without the User's approval and without liability for any damages that may arise to the User.
Within the 30-day period (trial period), the User is authorized to cancel the use of the Application free of charge to the Service Provider.
If the defined fee for using the Application is not settled within the deadline, the service may become temporarily unavailable or suspended, regardless of the consequences that the User may have.
The Service Provider may import, change, or terminate the Application, with prior notice to the User, in accordance with applicable regulations and contractual terms. In case of the Application change, or terms and conditions of use of the Application and the additional options, the User continues to use the Application according to the predefined use up to the expiry of the period for which the agreed use has been contracted.
8. Database and Confidentiality of Information
The Application User owns the database which he independently creates and fills.
Data is synchronized only when internet access is available, in case of internet unavailability, the Service Provider cannot enable the synchronization or storage of data.
The User is obliged to provide themselves with the constantly available internet.
In the event of termination of the contract of use of the Application, the Service Provider will allow the User to access the data in the user account during the following 3-month(in words: three)period, in which the User will be able to access the data, but without the possibility of entering data and using the Application for reading or editing documents.
After the expiry of the 12-month period after the termination of the contract of use of the Application, the data will be deleted from the database, and, at the written request of the User, the data may be deleted even before the expiry of the specified deadline.
After the expiry of the period in which the User may request the database delivery, the Service Provider is not obliged to keep the data in question or make it available to the User.
The User agrees that collected data related to him, as well as other data necessary for the fulfilment of the contract, entered during the use of the Application, may be taken by the Service Provider outside the Republic of Croatia, to the countries with the data centres where the Application will be installed.
Neither the Service Provider nor the User may disclose confidential information relating to, or in connection with, the Application usage agreement to unauthorized persons, or any third party without prior written consent.
The Service Provider shall adequately protect the collected data from accidental loss or destruction, unauthorised access, unauthorised alteration, unauthorised disclosure, and any other misuse.
8.1. Materials Provided by the User
While using the Application, you may upload, submit, or otherwise provide certain data and materials (documents, electronic books, notes, and the like) that are enabled in the Application and its functions.
The User shall be responsible for all information, materials and other content provided, including for compliance with any copyright law and other intellectual property laws. OmoLab is not considered the owner of such information, materials, or content.
8.2. Third-party Materials
The Application may contain links to any third-party websites, databases, information, materials, or locations, or use third-party hardware, software, networking, storage, and related technology necessary for running the application and information, as well as materials and other content provided by other users or other third parties (together: “Third-party content”). Such third-party content is not under the supervision of OmoLab and OmoLab does not check or ensure its accuracy, correctness, relevance, adequacy, up-to-dateness, eligibility or
regularity. OmoLab is not responsible for any third-party content or its accuracy, relevance, adequacy, up-to-dateness, eligibility or regularity.
9. Responsibility for Using the Application
The User undertakes to use the Application in accordance with the technology settings set out in the General Terms and Conditions.
If the User notices any malfunctions in the operation of the Application, or conflicts with the applicable regulations, he is obliged to notify the Service Provider as soon as possible, in order for the detected errors to be corrected.
The Service Provider shall not be liable to the User for damages resulting from:
(1) inability to use the Application due to inadequate conduct by the User,
(2) unavailability of the Application resulting from technical problems or force majeure,
(3) inadequacy of the service for the needs of the User.
The User is provided with the use of the Application in its final form, and any warranty regarding any defects of the Application is excluded. Although the Service Provider conducts constant testing and maintenance of the Application, it cannot guarantee that no errors will occur in the operation of the Application during its use and that any possible failure on that occasion will occur.
In any case, the Service Provider will take all steps to fix the failure as soon as possible.
The Service Provider shall not be liable to the User for damages, if, despite the protection measures, there is a loss or destruction of data, unauthorised access, unauthorised alteration, unauthorised disclosure, or any other misuse, in particular where the above circumstances are caused by force majeure, equipment failure, mishandling, the impact of other licensed and unlicensed computer programs, viruses and other harmful influences.
10. Intellectual Property
All intellectual property (programme, structure, education, web support, images, photos, logos, etc.) is the sole property of OmoLab.
The Application user has no right to sell, cede, give, or otherwise expropriate the entirety or any part of OmoLab's intellectual property.
11. Specific Obligations of the Service Provider
In particular, the Service Provider undertakes to:
(1) enable detailed preview and printout of all data entered in the Application,
(2) provide an on-time overview of the General Terms and Conditions,
(3) keep user data in accordance with applicable regulations and international standards and recommendations,
(4) provide free support primarily by e-mail: firstname.lastname@example.org, or in case of inability to provide e-mail support, by telephone specified on the Application's website,
(5) when accessing the Application, secure the user account against unauthorised use in such a way that only the service User has access via his user account,
(6) ensure the continuous functionality of the Application,
(7) provide assistance in solving problems with the operation of the Application – assistance will primarily be provided by e-mail,
(8) ensure ongoing deliveries of updates and necessary repairs to the Application's programming code in case of found operational malfunctions of the installed Application,
(9) prevent data loss by making copies of the database on a daily basis (on weekdays) and, accordingly, ensure that data is recovered to no later than 48startingfromnoon of the current day of the month,
(10) ensure the change in the Application according to any amended regulations,
(11) be liable up to the value of the annual fee for use to the User if the competent authority has established by final decision the non-compliance of the Application with the regulations of the Republic of Croatia.
12. Functionality and Basic Features of the Application
The Application is intended for reading and customizing the text of electronic books and other electronic text documents. Within the application, your own digital text content can be created.
Digital text content may be shared among Application Users solely under these General Terms and Conditions.
The Application may also offer functionality other than the ones described, or only those selected by the User, or the ones intended for the specific User.
13. License Permission
In accordance with the use of the Application pursuant to these General Terms and Conditions, the User is granted a personal limited, non-exclusive, non-transferable, non-applicable, non-sublicensable, revoked, worldwide license to use the Application. The Application is only available for use in a permitted manner and should be used by an authorised User, as defined above. The User will be responsible for the compliance of authorized users with this contract.
Under this license, the User is not permitted to distribute the Application or make it available to any person or entity that is not an authorized user in any way, nor to modify, translate, customize, edit, copy, disassemble, decompile, provide, or reproduce derivative works, modifications, "reverse engineering" or otherwise attempt to detect or obtain source code.
The User will not use the Application in any way that violates the rights of any third party, including copyright, other intellectual property, or privacy rights. OmoLab is not responsible for such use.
14. Cancellation and Termination
The Contract of use of the Application ends with the cancellation of the contract by the User.
Cancellation is possible only for subsequent contractual periods, i.e. the payment of the fee ceases with the expiry of the current contractual period.
If the User does not comply with the General Terms and Conditions, or if he does not pay the Service Provider the fee for the Application use at maturity, the provider reserves the right to prevent the User from using the Application without notice, with the effect of immediate termination of the contract at the expense of the User. Upon subsequent payment, the Service Provider may allow the User to reuse the Application.
In the event of termination of the contract, the Service Provider is not obliged to refund the previously paid usage fees.
15. Dispute Resolution
The Service Provider and the User agree to resolve all disputes arising from the contract peacefully, and if this is not possible, any disputes that may arise under these General Terms and Conditions will be resolved before the competent court in Zagreb.