1.1. These are the TERMS AND CONDITIONS of Nixie
1.2. “Nixie” is a trade name solely belongs to:
Hankuper, s. r. o.
Address: Špitálska 53, 811 01 Bratislava, Slovenská republika
Email: Nixie@hankuper.com
1.3. These TERMS AND CONDITIONS (or Terms) are applicable to all legal acts by or on behalf of Nixie. These terms are also applicable on all present and future services which Nixie offers and all additions and amendments thereto.
1.4. By downloading Nixie, by using Nixie, User acknowledges its acceptance of the applicability of these Terms and any current and future legal relationship between User and Nixie.
2.1. Nixie is an Application, which notifies User if mobile gadget is too close to face to suggest more safe mobile gadgets usage experience.
2.2. The content and specifications of the Nixie are determined by what is stated in the application of Nixie. Where reasonably possible Nixie will notify User in advance and in writing (by email or via the Website) of material changes to Nixie.
2.3. Nixie will use its reasonable efforts to safeguard the timely availability and quality of the Application. Nixie, however, does not warrant the timely, continuous, error-free availability and quality of the Application.
2.4. A part of services is in fact provided by the relevant third party providers. Nixie will use its reasonable efforts to optimize the provision of services by these third parties, but does not accept any responsibility or liability for shortcomings in operation of the Application caused by these third parties.
2.5. Nixie is entitled to suspend the activity of the Application temporarily when this is necessary to implement a change to the Application or to conduct preventive or corrective maintenance activities. Nixie will inform User in advance and in writing (via the Application or on the website https://nixie.hankuper.com) where reasonably possible in case of activities planned by Nixie and of activities planned by third-party providers of which Nixie is aware, which have a foreseeable material impact on the Application.
3.1. User must provide Nixie at the start of and during the use of the Application on request and on its own initiative with all information and all data relevant to enable regular work of the Application. User vouches for the completeness and correctness of all supplied information.
3.2. Nixie has no obligation to check completeness and correctness of the information provided by User. If Nixie provides any advice on this, then this is done voluntarily and with the explicit exclusion of any liability for such advice.
4.1. User will not use the Application in a manner which in any way hinders regular work and functionality of the Application of Nixie and/or networks and systems used to deliver the services used by Nixie or its third party suppliers. User shall immediately follow any directions of Nixie intended to prevent or stop such hinder and Nixie is entitled to temporarily suspend access to the Application to prevent such hinder if the action of User to prevent it is delayed or if such action of User cannot reasonably be waited on.
4.2. User shall not violate: any applicable laws and regulations, the guidelines of the Authorities of Slovak Republic, the usage limitations or these TERMS AND CONDITIONS. User is only entitled to use the Application.
4.3. It is not allowed to use the Application by circumventing security measures imposed for the Application.
5.1. User may use Nixie for an unlimited period of time and have possibility to terminate it in anytime.
5.2. Nixie is entitled to terminate access to the Application out of court, in part or in whole, and without limiting Nixie’s other rights.
6.1. The liability of Nixie according to these Terms are applicable, on any legal ground, shall be limited as set out in this clause.
6.2. Nixie can only be in default with respect to an obligation after being put on formal notice by means of a letter sent by registered mail and after having been granted a reasonable period of time to cure the issue. In case of an attributable shortcoming of Nixie, liability for Nixie can only arise if and in so far as Nixie, after being put on formal notice allowing a reasonable cure period, has not cured the shortcoming by repairing.
6.3. Nixie is not liable for forms of damage like the lost profits, loss or damage to data, missed savings, claims of third parties, government charges, failed transactions and damage due to business interruptions.
6.4. User shall indemnify and hold Nixie harmless from all claims of third parties which are in any way connected with the use by User of the Application and, and shall compensate to Nixie all related costs including the costs for legal assistance.
6.5. User shall report to Nixie all damage it suffers or will foreseeably suffer which is attributable to Nixie as soon as possible and at the latest 30 days after the end of the month in which User is or should have been aware thereof and such report shall be in writing and supplemented with proper motivation, failing which the right to claim these damages is considered lapsed.
6.6. Nixie provides User with push notifications to suggest more safe mobile gadgets usage experience. In any case Nixie shall not be liable for any forms of damage, including eyes’ health damage.
7.1. Both parties are obliged to keep confidential all confidential information to which they get access to in. Information is considered confidential this is so indicated by the other party or if this follows from the nature of the information.
7.2. Nixie and User both commit to strictly comply with applicable privacy legislation.
7.3. Nixie shall treat the personal and other data which User enters on the Website, in the Application or in any other way supplies to Nixie in the context of using the Application as strictly confidential and protect it against misuse and unauthorized access.
7.4. Nixie shall use personal data which it receives from User only for the purpose of the Application, observing the following usage limitations.
7.5. User is responsible to ensure that when using the Application only personal data is entered or processed if and in so far as User is legally allowed to do this and has obtained the relevant permissions for this from the relevant persons.
8.1. All intellectual property rights related to all systems, documents and other works to which User gets access to in the Application, are the exclusive property of Nixie and its licensors. User is only granted a temporary, personal, unexclusive and non-transferable right to use the Application with respect to these works.
9.1. These general terms and all legal relations between Nixie and User shall be governed by the laws of Slovak Republic.
9.2. Any dispute between Nixie and User shall exclusively be submitted to the courts of Bratislava, Slovak Republic.
10.1. Nixie is at all times entitled to change or supplement these Terms. The changes will become effective after User has been informed of the change in writing via email or publication on the Website or Push notification or in the Application. Where reasonably possible each change will be announced to User.
10.2. Nixie is entitled to transfer its rights and obligations under each agreement to which these Terms are applicable to a third party which is taking over the relevant part of the business of Nixie, by giving notice of such transfer to User on the Nixie's website