Terms of Service

Effective date: October 24, 2024
Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using the thegistof.me website (the "Service") operated by Filip Greš ("us," "we," or "our"), a business registered under trade license number 14151090, VAT identification number CZ685765890, and registered address at Příčná 1892/4, Praha 1, 110 00, Czech Republic.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian, and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it), or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorized advertising; (iv) the Content does not exist with the sole purpose of manipulating or influencing search engine indexing; (v) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (vi): the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information, and you bear the risks involved with such public disclosures.

2. Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You may not register a username with the purpose of selling it or, in any other way, "squat" or "park" a username. Failure to comply may result in your account being suspended.

3. Access & Membership

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Filip Greš and its licensors. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as we authorize. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

4. Access & Membership

Our Service may contain links to third-party websites or services that are not owned or controlled by Filip Greš.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We h3ly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

5. Access & Membership

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

6. Access & Membership

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses, and other liabilities, including but not limited to legal fees and expenses relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.

7. Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantage), however, it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays, or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

8. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access, alteration, or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence, or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content contained in the Service for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the Service.

9. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of Czechia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have regarding the Service.

11. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15-days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

12. Customer Data

The Customer owns the rights to its data as a data controller, and the service acts as a data processor on the Customer's behalf. All processing by the service of the personal data and other data provided by the Customer shall be in accordance with the applicable laws.
The service's processing of personal data on behalf of the Customer shall, therefore, only be done in order to provide the Product and shall be subject to the Customer's written instructions.
The Customer is obligated to keep user logins and passwords to the Product secret from any unauthorized users or third parties. The Customer is obligated to ensure that the personal data provided by the Customer and used in the Product is processed by the Customer in accordance with all applicable laws.
The Customer is obligated to ensure that the Customer's data provided in the Product, including personal data, does not violate any third-party intellectual property rights and/or any applicable legislation.
The service is entitled to delete any data that, in the sole discretion of the service, constitutes a breach of the aforesaid undertaking by the Customer, and the Customer will not be entitled to any compensation in that respect.

13. Data Location

You agree that by using this service, all data held as outlined in the privacy policy and here within, as necessary for the product to function, is stored and processed in The United States of America and is not stored within the European Union.

14. Open Source

The app includes open-source software components, and some of these components are subject to their own specific license terms. If the license terms of a particular open-source component don’t align with our terms outlined here, then these Terms won’t cover that component. Instead, the relevant license terms will govern your rights and responsibilities for that specific component.

15. Subscription Terms

  • Subscription Plans

    Our Service is offered on a subscription basis ("Subscription"). By selecting a Subscription plan, you agree to pay the recurring fees indicated for that plan. Billing cycles are established on a monthly or annual basis, depending on your chosen plan.

  • Payment Processing

    Payments are processed securely through our third-party payment processor, Creem operated by Armitage Labs OÜ. By making a purchase, you agree to abide by Creem's Terms and Conditions and Privacy Policy. We are not responsible for any issues arising from Creem's services.

  • Automatic Renewal

    Unless you cancel your Subscription, it will automatically renew at the end of each billing cycle under the same terms. You authorize us to collect the applicable subscription fees using the payment method provided to Creem.

  • Cancellation

    You may cancel your Subscription at any time through your account settings or by contacting our customer support. Cancellation will take effect at the end of the current billing cycle. You will not receive a refund for the current billing period, but you will retain access to the Service until the billing cycle concludes.

  • Changes to Fees

    We reserve the right to modify Subscription fees upon providing reasonable notice. Fee changes will take effect at the start of the next billing cycle following the notice period. If you disagree with the fee changes, you may cancel your Subscription before the new fees apply.

  • Taxes

    Subscription fees do not include any taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any such applicable taxes.

  • Payment Failures

    If a payment fails, Creem may retry the charge. If the payment remains unsuccessful, we may suspend or terminate your access to the Service until payment is received.

  • User Responsibilities

    You agree to provide accurate and complete payment information. Failure to do so may result in delays or inability to access the Service.

  • Dispute Resolution

    Any payment disputes should be directed to our customer support at filip@thegistof.me.

16. Refunds

All fees paid are non-refundable except as required by law. In the event of any issues with the Service, please contact customer support for assistance.

17. Contact Us

If you have any questions about these Terms, please reach out to filip@thegistof.me.