Terms and Condition

Terms of Use

KaKaaKi is a mobile phone application for various platforms, developed and offered to you by KaKaaKi s.r.o. ("Provider"). It enables its users to track and manage personal finance and analyze their income and expenses. Your use of the KaKaaKi mobile phone application and all the related services provided through it by Provider (collectively referred as "KaKaaKi") is subject to the following terms (“Terms”), which upon your acceptance form a legally binding agreement between you and the Provider. For the avoidance of doubt, such agreement is concluded solely between you and the Provider and there are no other parties to it. KaKaaKi is currently available for download free of charge.

Acceptance

These Terms regulate the legal relationship between you and the Provider. You may not use KaKaaKi if you don't accept them. The Terms are always made available to you prior to the download of KaKaaKi application. By downloading, installing, using or otherwise accessing KaKaaKi, you are expressing your acceptance and willingness to be bound by the Terms. You must also confirm your acceptance by choosing “Accept” in a confirmation dialog box before using KaKaaKi. You may not accept these Terms unless you are at least 13 years of age and you have sufficient legal capacity to enter into a contract. If you are 13 or older but less than 18 years of age, you must have your parent or legal guardian’s permission to accept the Terms and use KaKaaKi.

Term and Termination

The Terms will remain in full force and effect while you use KaKaaKi and until terminated by either you or the Provider.Termination always includes deletion of your user account and all related data and content, unless your data and content have been shared 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 KaKaaKi application. Refund of your purchases is not possible. Provider may terminate the Terms at any time and for any reason. In case of immediate termination due to your breach of the Terms you are not entitled to any refunds.

Amendments

From time to time, Provider may amend the Terms at its sole discretion. You will be notified about the planned changes in advance through KaKaaKi application or via e-mail. Updated Terms will be posted to this page 14 days prior to the effective date. By continued use of KaKaaKi, you are expressing your acceptance of the changes. If you don't agree with the changes, you may terminate the Terms at any time. Release of updated version of the KaKaaKi application may precede the effective date of the updated Terms for the existing users. You may be required to accept the updated Terms in order to be able to use all features of updated version of the KaKaaKi app

Your use of KaKaaKi

You must use KaKaaKi only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws and terms and conditions of third parties. You must not use KaKaaKi to engage yourself in activities that mar, interfere, destroy, or access in an illegitimate fashion servers, network connectivity, or other aspects or services of any third party.

Registration and User Account

In order to be able to access all features of KaKaaKi you have to sign up. You agree to provide accurate, truthful and current information and keep it up to date. You must keep your KaKaaKi account login information confidential and secure and you may not share it with anyone. You are solely responsible and liable for any and all activities that occur under your account. The Provider reserves the right to refuse your registration or suspend your KaKaaKi account at any time.

Bank account synchronization

KaKaaKi enables you to connect to bank accounts maintained by hundreds of supported financial institutions around the world and synchronize automatically your bank account data with KaKaaKi. You agree to connect only to bank accounts you own or you are otherwise entitled to use.

User content

You may enter and upload to KaKaaKi or synchronize with it texts, numerical data, photos or other content. You retain copyright and all other rights to your 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 represent 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 the Terms. You are solely responsible for any content you provide to KaKaaKi and for any consequences thereof. You may not enter or upload to KaKaaKi or synchronize with it 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 users of KaKaaKi. 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 the content you provided to KaKaaKi or synchronized with it or which was created by KaKaaKi based on your input. You are solely responsible for backing up the content you enter or upload to KaKaaKi or synchronize with it.

No professional advice

Based on your user content (particularly synchronized bank account data) KaKaaKi may provide you with personalized financial advice or commercial offers (ads). You hereby acknowledge and agree that such financial advice or commercial offers do not constitute professional financial, tax, accounting or any other professional advice and Provider makes no representations or warranties of any kind related thereto. In no event shall Provider be liable for any damages caused to you or a third person arising out of your use of such financial advice or commercial offers.

License and ownership

KaKaaKi application and all rights therein, including intellectual property rights, shall remain Provider's property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below. Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use KaKaaKi and its Premium features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the KaKaaKi application. Third party services or libraries included in KaKaaKi are licensed to you either under these Terms, or under the third party's license terms, if applicable. Based on your license, you may not access KaKaaKi with other means than the mobile phone application, mine or extract any data from KaKaaKi databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of KaKaaKi application or any part thereof and circumvent any technology used to protect the paid Premium features. You also may not remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the KaKaaKi application.

Hardware and System Requirements

Information about the current hardware and system requirements of KaKaaKi, technical restrictions and other limitations are always available on the platform-specific page of the application.

Maintenance and Support

KaKaaKi is subject to a continuous development and Provider reserves the right, at it's sole discretion, to update the KaKaaKi application, change the nature of KaKaaKi or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update KaKaaKi. Provider does not guarantee an uninterrupted provision of the services. KaKaaKi or integrated third-party services may be temporary unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Provider's control. If you have some questions, problems or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of KaKaaKi is limited due to the limited capacity of the Provider.

Premium Features and Prices

KaKaaKi application is available for download free of charge. Free version displays ads in default and allows you to use only the basic features of KaKaaKi. Current detailed information about the in-app purchase offer is always available on the platform-specific page of KaKaaKi or within the KaKaaKi application. You can choose between one-time payments or subscriptions.

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. The regular subscription plan with your selected term will begin automatically after the expiry of the trial period, unless you cancel it before the period runs out. The first payment for the subscription will process on the first day following the end of the trial period. By starting the subscription with trial period and providing your payment details you agree with possible future charges for the subscription.

Privacy

Some features of KaKaaKi 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 KaKaaKi account and the KaKaaKi application.

Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, AND PROFITS, PROPERTY DAMAGE OR OTHER INTANGIBLE OR ECONOMIC LOSS, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE KaKaaKi AND INTEGRATED THIRD-PARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICIATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF KaKaaKi OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF PROVIDER 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'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00). 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 THE KaKaaKi APPLICATION AND INTEGRATED THIRD PARTY SERVICES IS AT YOUR SOLE RISK AND THEREFORE THE ENTIRE RISK, IN PARTICULAR AS TO SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY AND EFFORT, REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KaKaaKi APPLICATION AND INTEGRATED THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

Indemnification

You agree to indemnify and hold Provider, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising out of your use of KaKaaKi and integrated third-party services, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys' fees.

iOS Platform

If you are an iOS device user, the terms in this section also apply to you: You acknowledge that the Terms are concluded between you and the 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 must be limited to use KaKaaKi only as permitted by the Usage Rules set forth in the App Store Terms of Service, except that KaKaaKi may be accessed and used by other accounts associated with the purchaser via Family Sharing. Provider and not Apple is solely responsible for providing any maintenance and support services with respect to KaKaaKi. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to KaKaaKi. Provider, not Apple, is responsible for addressing any your or third party claims relating to KaKaaKi or your possession and/or use of KaKaaKi, including, but not limited to, product liability claims, any claim that the KaKaaKi 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 KaKaaKi or your possession and use of KaKaaKi 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.

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.

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.

Language

English is a primary language of communication between you and the Provider. All information about KaKaaKi is available in the English language. The Terms are available in the English language only. English shall be also the binding and controlling language for the additional contracts concluded pursuant to the Terms. Complaints and Contact Information

Your questions, complaints or claims with respect to KaKaaKi should be directed to:

KaKaaKi

Mail:info@kakaaki.org