End User Licence Agreement

HomeGalaxy.eu is licensed to you (the end user) by Development LTD s. r. o., registered at Gorkého 129/12, 811 01 Bratislava – Staré Mesto, Slovak Republic (hereinafter "Licensor"). Our VAT identification number is SK2121299532.

By downloading the Licensed Application from the Apple App Store or Google Play Store (hereinafter collectively "Services") and any updates thereto, you agree to be bound by all the terms and conditions of this Licence Agreement.

The parties acknowledge that the Services are not a party to this Agreement and are not bound by any obligations regarding the Licensed Application, such as warranty, liability, maintenance or support. Development LTD s. r. o. is solely responsible for the Licensed Application and its content.

This Agreement complies with the Apple Media Services Terms and Conditions and the Google Play Terms of Service (hereinafter "Usage Rules"). The Licensed Application is intended for devices running iOS, Mac OS and Android operating systems.

Table of contents

1. The Application
2. Scope of licence
3. Technical requirements
4. Maintenance and support
5. Use of data
6. User contributions
7. Contribution licence
8. Liability
9. Warranty
10. Product claims
11. Legal compliance
12. Contact information
13. Termination
14. Third-party terms and beneficiary
15. Intellectual property rights
16. Applicable law
17. Miscellaneous

1. The Application

HomeGalaxy.eu (hereinafter "Licensed Application") is software developed for the HomeGalaxy Marketplace – a complete range of home and lifestyle products. The Application is designed for mobile devices running iOS and Android (hereinafter "Devices").

The Licensed Application is not designed to comply with industry-specific regulations (HIPAA, FISMA, etc.). If your interactions are subject to such laws, you may not use this Application. You may not use the Licensed Application in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Scope of licence

2.1. You are granted a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on all Devices that you own or control, in accordance with the Usage Rules. The Application may also be accessed by other accounts associated with you through Family Sharing or volume purchasing.

2.2. This licence also governs all updates to the Licensed Application, unless a separate licence is provided for such an update.

2.3. You may not share the Licensed Application with third parties (except as permitted by the Usage Rules and with prior written consent of the Licensor), sell, rent, lend, lease or otherwise redistribute it.

2.4. You may not reverse-engineer, translate, disassemble, decompile, remove, modify, combine, create derivative works from, or attempt to derive the source code of the Licensed Application (except with the prior written consent of the Licensor).

2.5. You may not copy or modify the Licensed Application, except for creating backups on devices you own or control. You must not remove any intellectual property notices. If you sell your Devices, you must remove the Application beforehand.

2.6. Violation of the above obligations may be subject to criminal prosecution and claims for damages.

2.7. The Licensor reserves the right to modify the licence terms.

2.8. When using the Licensed Application, you must comply with applicable third-party terms.

3. Technical requirements

3.1. The Licensed Application requires firmware version 1.0.0 or higher. We recommend using the latest firmware version.

3.2. The Licensor endeavours to keep the Application compatible with new firmware versions and hardware, but you have no right to claim such updates.

3.3. It is your responsibility to verify that your device meets the technical specifications.

3.4. The Licensor reserves the right to modify the technical specifications at any time.

4. Maintenance and support

4.1. The Licensor is solely responsible for maintenance and support of the Licensed Application. Contact us at the email address listed in the App Store or Play Store.

4.2. The Services (Apple/Google) have no obligation to provide maintenance and support for the Licensed Application.

5. Use of data

You acknowledge that the Licensor will have access to the content of the Licensed Application and your personal data. Use of these materials is governed by our Privacy Policy.

The Licensor may periodically collect and use technical data about your device, system and software for the purposes of support, updates and product improvement, provided such data is in a form that does not personally identify you.

6. User contributions

We may provide you with the opportunity to create, submit, post, display, transmit, publish or distribute content and materials (hereinafter "Contributions"), including text, video, audio, photographs, graphics, comments or other materials.

Contributions may be viewable by other users and through third-party websites. All Contributions are treated in accordance with our Privacy Policy.

When you create or make available any Contribution, you represent and warrant that:

1. your Contributions do not infringe any proprietary rights (copyright, patents, trademarks, trade secrets, moral rights) of any third party,
2. you are the creator and owner, or have the necessary licences, rights and permissions,
3. you have written consent from any identifiable individuals in your Contributions,
4. your Contributions are not false, inaccurate or misleading,
5. your Contributions are not unsolicited advertising, spam, pyramid schemes or similar solicitation,
6. your Contributions are not obscene, violent, harassing, defamatory or otherwise objectionable,
7. your Contributions do not ridicule, disparage, intimidate or abuse anyone,
8. your Contributions are not used to harass or promote violence,
9. your Contributions do not violate any applicable law, regulation or rule,
10. your Contributions do not violate the privacy rights of any third party,
11. your Contributions do not violate laws protecting minors,
12. your Contributions do not contain offensive comments related to race, national origin, gender, sexual orientation or disability,
13. your Contributions do not otherwise violate the provisions of this Agreement or applicable law.

Any use in violation of the above constitutes a breach of this Agreement and may result in the termination or suspension of your rights.

7. Contribution licence

You agree that we may access, store, process and use information and personal data you provide, in accordance with our Privacy Policy and your settings.

By submitting feedback, you agree that we may use and share it for any purpose without compensation.

We do not claim any ownership right over your Contributions. You retain full ownership of all Contributions and associated intellectual property rights. You are solely responsible for your Contributions.

8. Liability

8.1. The Licensor's liability is limited to intent and gross negligence. For breach of essential contractual obligations (cardinal obligations), liability for slight negligence is limited to foreseeable, contractually typical damages. This limitation does not apply to injury to life, body or health.

8.2. The Licensor is not liable for damages caused by breach of obligations under Section 2. You are obliged to use the backup features. Unauthorised modifications will result in loss of access.

8.3. Third-party services: The company assumes no liability for issues, damages or interruptions caused by third-party services, software or hardware.

8.4. Data loss: The company is not liable for loss of data, information or content. Regular backups are recommended.

8.5. Unauthorised use: The company assumes no liability for damages caused by unauthorised access, use or manipulation by third parties.

8.6. No warranty: The Application is provided "as is", without any express or implied warranties, including fitness for a particular purpose, merchantability or non-infringement of intellectual property rights.

8.7. Force majeure: The company is not liable for damages arising from force majeure events (natural disasters, pandemics, governmental measures).

9. Warranty

9.1. The Licensor warrants that the Licensed Application at the time of download is free of spyware, trojans, viruses or any other malicious software, and that it functions as described in the user documentation.

9.2. The warranty does not cover the Application if it has been unauthorisedly modified, improperly handled, or combined with unsuitable hardware or software.

9.3. You must report any defects without delay to the email address listed under Contact Information, within thirty (30) days of discovery.

9.4. If a defect is confirmed, the company reserves the right to remedy it by fixing the bug or providing a replacement delivery.

9.5. If the Licensed Application fails to meet the warranty terms, you may notify the Service Store Operator and the purchase price will be refunded.

9.6. For business users: claims based on defects expire after twelve (12) months from availability. For consumers, statutory limitation periods apply.

10. Product claims

Development LTD s. r. o. (not the Services) is responsible for handling any claims relating to the Licensed Application, including: (i) product liability claims, (ii) claims that the Application fails to meet legal or regulatory requirements, and (iii) claims arising from consumer protection, privacy or similar legislation.

11. Legal compliance

You represent and warrant that you are not located in a country that is subject to a US Government embargo or designated as a "terrorist-supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.

12. Contact information

Development LTD s. r. o.
Gorkého 129/12, 811 01 Bratislava – Staré Mesto, Slovakia
Email: info@homegalaxy.eu

13. Termination

The licence is valid until terminated by Development LTD s. r. o. or by you. Your rights under this licence terminate automatically and without notice if you fail to comply with any term. Upon termination, you must cease all use and destroy all copies of the Licensed Application.

14. Third-party terms and beneficiary

Development LTD s. r. o. will comply with applicable third-party terms when using the Licensed Application.

Both Apple and Google, and their subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance, they have the right to enforce this Agreement against you as a third-party beneficiary.

15. Intellectual property rights

In the event of any third-party claim that the Licensed Application infringes intellectual property rights, Development LTD s. r. o. (not the Services) shall be solely responsible for the investigation, defence, settlement and satisfaction of such claims.

16. Applicable law

This Licence Agreement is governed by the laws of the Slovak Republic, excluding its conflict of law provisions.

17. Miscellaneous

17.1. If any provision of this Agreement is or becomes invalid, the validity of the remaining provisions shall not be affected. Invalid terms shall be replaced by valid terms designed to achieve the original purpose.

17.2. Collateral agreements, amendments and supplements are only valid if made in writing.

17.3. Jurisdiction and governing law: This Agreement is governed by Slovak law. Disputes shall be resolved by the competent courts of the Slovak Republic.

17.4. Data handling: The company reserves the right to collect, process and store data in accordance with our Privacy Policy. You consent to the collection of anonymous usage data for the purpose of improving the Application.

17.5. Amendment of terms: The company reserves the right to amend the terms of this Agreement at any time. Users will be notified of material changes. Continued use following changes constitutes acceptance of the new terms.

17.6. Termination: The company may terminate this Agreement and your access without prior notice if you breach any terms. Upon termination, all rights granted to you shall cease.

17.7. Refund policy: No refunds are provided for purchases made through the Application, except as required by applicable law. Users are responsible for verifying the suitability of the Application before purchase.