User Agreement
Last updated: 22.03.2022
https://1text.com/privacy-policy
List of Services (annexure to the Agreement):
https://1text.com/list-of-services
Present Agreement is an offer of the MACHINE PLACE s.r.o., which operates the Website (Company) addressed to any person intending to use the Website, regardless of the purpose of such use, on the conditions stipulated by the Agreement (User), to review and unequivocally and unconditionally accept terms and conditions stipulated by the present 1text.com User Agreement and its annexures (Agreement) by the way of acceptance of the offer in the manner and on the conditions stipulated by the Agreement.
FORENOTE
1) In accordance with this Agreement, the Company enables Users to view the Website's available content by making it possible for Users to interact with the information published by the Company on the Website.
2) In addition, the Company enables Users to enter into agreements with the Company through the use of Services as stipulated by the terms of present Agreement and the relevant Offer Agreement, the link to which is specified in the List of Services (hereinafter referred to as the “List”), through the technical ability to use the functionality of the Website.
3) The Parties have agreed that the User, who is using the Website, shall be deemed to be well acquainted with the terms of the Agreement and its annexures in full, and fully and unconditionally accepted their terms. Likewise, the Company undertakes to ensure that Users have an ongoing access to the provisions of the Agreement and its annexures by publishing them on the Website through the links specified in the Agreement.
4) By continuing to use the Website, the User confirms that he/she has no delusion (material or non-material) about the characteristics and functionality of the Website, the terms of the Agreement, the annexures thereto and his/her own actions. The User acknowledges that under this Agreement the Website is provided "AS IS" (unless expressly provided otherwise) including without limitation any documentation, improvements and updates and the Company makes no warranties or conditions (express or implied by law and/or course of dealing) regarding anything, including its integrability, satisfactory quality and fitness for a particular purpose. The Company also does not warrant that the Website will be error free, will meet the User's requirements or that the Website will function properly when used in conjunction with any other software or hardware. The Company does not and cannot guarantee the results that the User may obtain through the use of the Website. All risks associated with the quality and performance of the Website are borne by the User.
5) A User who disagrees, in whole or in part, with the terms of the Agreement and/or its annexes shall not use the Website and shall immediately cease such use.
TERMS AND DEFINITIONS
In case any of the words used in the text of this document starts from the capital letter it shall be understood and interpreted in the way foreseen by the present section.
“Agreement” means the present 1text.com User Agreement and all its annexures, with all attachments, regulating the terms and conditions of use of the Website by Users.
“Acceptance of the Agreement” means The User's performance of the actions specified in the relevant section of the Agreement, unequivocally indicating that the User has carefully studied, fully understands and unconditionally accepts the terms of the Agreement and is deemed to have acceded to the Agreement.
“List of Services” means an annexure to the Agreement, in the form of a table, which provides details on the Company's Services and links to the Offer Agreement (or their equivalent) and other documents regulating such Services, which including all attachments and annexures also form an annexure to the Agreement.
“Company” means MACHINE PLACE s.r.o., registration number 07285639, addressed at Na Folimance 2155/15, Vinohrady (Praha 2), 120 00 Praha.
“User” means an individual, who has no statutory restrictions for acceptance of this Agreement, acting on his/her own behalf and in his/her interests, or in the interests of third parties (and the person guarantees that he/she has appropriate authorisation), who has used the Website, any functions and/or features of the Website. Those Users who have not reached the age of majority in their country of residence shall provide additional documents from their legal representatives expressing their consent to enter into this Agreement and execute transactions. In the absence of such consent (including in the absence of any legislative regulation of such legal relationships) the User may not accept this Agreement and, as a consequence, may not use the Website.
“Website” means a set of information, web forms, software and intellectual property objects (including computer programs, databases, Website Content and Services) accessed from the User's devices via special software for viewing web pages (browser) under the domain (or (sub)domain, if the domain name has a corresponding attribute) name: 1text.com (equal to http(s)://1text.com, with/without the "www" abbreviation), the exclusive rights and/or the right to use which belong to the Company. Also, the website is at http(s):/text.ru if payment for services (replenishment of user’s balance) at http(s):/text.ru is made using cryptocurrency.
“Website Use” means the following ways of utilization of the Website by Users through granting of a personal, royalty-free, simple (non-exclusive) inalienable licence from the Company to Users, subject to the statutory provisions and terms of the Agreement and its annexes, granted for the time and within the territory while and where the Website remains available to the User:
- to reproduce the graphical part of the Website interface, the Website Content on the screen of the Device in order to access the Services, any other functions and/or features of the Website for their direct purpose, as provided by the explicit user functions provided by the Company to the Users, as well as the Agreement and annexes thereto;
- to use the available functionality of the Website in accordance with its intended purpose.
“Website Content” means the aggregate of the results of intellectual activity (RIA), as well as each RIA individually, representing the information, including but not limited to any text information, images, photographs, links, video recordings, audio recordings, and so on, the copyright holder of which is either the Company or other Users (if such RIA have become available for perception by third parties through actions of such Users) in relation to the Website.
“Registration” means actions of the User performed by nom/her with use of the relevant functionality of the Website, aimed at creating the User's Account, during which the User will be required to enter the Registration Data. When registering on the Website, the User must provide the reliable and up-to-date information to set up the User's personal account, including a unique login and password for each User to access the Website. The User shall be responsible for authenticity, pertinence, completeness and conformity of the information provided during registration with the statutory provision of the applicable laws and related claims of third parties.
“Registration Data” is the following information of the User provided by him/her to the Company during registration on the Website, the accuracy of which he/she guarantees:
Email address (mandatory).
Upon successful Registration, a password is automatically generated for the User and sent to the specified email. The User undertakes to change the password on the first authorisation and to ensure that it is not accessible to third parties.
“Personal Profile” – a section of the Website unique to each Account, which is accessed through authorisation, i.e. the User entering the following Registration Data specified during the Registration procedure: email and password.
“Account” means an aggregate of User data stored by the Company, which is unique for each User who has completed the Registration, and which is necessary to identify the User and provide access to the Personal Profile and other functions of the Website by reproducing the relevant part of the Website's interface, created as a result of the User completing the Registration procedure.
“Device” means various mobile communication devices (mobile phones, tablets and their analogues) or other devices emulating their use, as well as computers, laptops and their analogues connected to the Internet, the right to use which belongs exclusively to the User, who guarantees that no third parties have access to such devices.
Terms and definitions in this document which have not been defined in this section shall be interpreted according to the annexures to the Agreement (links are provided in this document above) unless a different meaning is given to the term herein, and, as a last resort, according to their generally accepted interpretation.
1. SUBJECT OF THE AGREEMENT
1.1. The Company provides access and right to Use the Website, in the manner and under the terms provided for herein, the annexures thereto to all Users executed in the present Agreement.
1.1.1. The User, who has accepted the Agreement in the manner stipulated herein, confirms that, in addition to the Agreement, he/she has thoroughly studied and unconditionally accepted the terms of the following documents (links to such documents are provided in the Agreement):
- 1text.com Privacy and Cookies Policy;
- List of Services;
- Other annexures (if any).
1.2. The Company is entitled to amend the Agreement and annexures thereto, which become effective on the date of publication on the Website and do not require any prior notice (approval, consent) of the Users. The new version of the Agreement applies to new Users as well as to the Users who accepted the terms of the Agreement before the amendments were made.
1.3. Both parties understand that the Agreement regulates the procedure for the Use of the Website by Users.
2. ACCEPTANCE OF THE AGREEMENT
2.1. The User shall be deemed as unequivocally accepting the Agreement in its entirety when he/she commits one of the following actions:
2.1.1. For unregistered Users, such action shall be the use of the Website to the extent available to unregistered Users (including the viewing of content on the Website).
2.1.2. For registered Users, such action shall be the marking ☑ next to the box “I accept the terms of the 1text.com User Agreement” or its equivalent on the Website.
2.2. A User who uses (intends to use) the Website in any way, but disagrees with the terms of this Agreement, may not use the Website and must cease using it immediately.
3. GENERAL DESCRIPTION OF WEBSITE FUNCTIONALITY
Users accepted the Agreement can use both the functionality of the Website described and designed in accordance with this Agreement and the functionality not listed in the Agreement, but which is actually available to the User at the moment of using the Website (excluding errors) and the implementation of which in the way provided by the Company allows to determine (assume) its designation.
3.1. Registration
Registration is available to Users in one of the following ways:
1) by entering the Registration Data.
3.1.1. Upon successful completion of the Registration procedure, the User is assigned a Personal Profile and provided access to an Account. Otherwise, the User will be asked to complete and/or correct the Registration Data.
3.1.2. The email and password elected by the User are necessary and sufficient information for the User to access the Website. The User has no right to transfer its login and password to third parties, is fully responsible for their safety, independently deciding the way of their storage. The User can allow the storage of their username and password (using cookies) on the hardware and software they use in order to automatically log in to the Website.
3.2. Account
3.2.1. An Account enables the registered User to utilise the functionality, the Services and/or access the information provided within the Account in accordance with the Agreement and its annexes. Unless the User proves the contrary, any actions performed with the use of his/her login-password pair are deemed to be performed by the User. In case of unauthorized use of User's login-password pair and/or personal page or distribution of User's email and password, User is obliged to immediately inform the Company in the manner provided by the Agreement.
3.2.2. The Account may have information that is displayed according to the rules of the Services listed in the List, as well as other information at the discretion of the Company.
3.2.3. Should the User fail to authorize the Website during the period of one year, the Company shall assign to the User the status of inactive User. The consequences for Users with the Inactive User status are established by the Company in this Agreement, its annexes and on the Website, and are specified as an integral part of this Agreement. The password of Users with Inactive User status may be unilaterally reset by the Company. Upon expiration of 365 days period after a forced password reset for an inactive User account, Company deletes login and account data of inactive User from the system, the nickname of inactive User becomes available and can be used by new User while registering new Account, and this Agreement with such User is considered to be terminated. After authorisation of the User with the status of inactive User, the Administration deletes the status of inactive User and all consequences indicated for the Users with the status of inactive User cease for them from the day of such termination.
3.3. Account Deletion
“Account deletion” means a procedure available to all Users with an Account that allows Users to delete their Account on the Website.
3.3.1. In order to delete an Account the User must confirm their will to delete the Account by clicking on the button “Yes” in the question “Do you want to permanently delete the Account?”, or their equivalent on the Website.
3.3.2. Upon the deletion of the Account the User also accepts that the Company is entitled to store and process some data about the User and their activities on the Website in the manner and conditions indicated in this Agreement and the Privacy and Cookie Policy by clicking the “Yes” button when asked “Do you still want to delete the Account?”, or their equivalent on the Website.
4. ACCEPTANCE OF SERVICES
4.1. On the last day of each month, the Administration of 1Text.com upon the inquiry of the Users with the status of Sole Proprietor or its alternative Acceptance Act for the Services rendered for the current month. The Acceptance Act is available in the User's Personal Profile.
4.2. The services shall be considered duly rendered by the Administration and accepted by the User unless the User provides motivated written objections within 10 (ten) days from the date of the issue of the Acceptance Act.
4.3. Where the User objects to the Acceptance Act, he/she undertakes to write, sign and send a motivated complaint to the Company's email address specified in this Agreement, within ten (10) days from the date of sending (posting) of the Acceptance Act by the Company.
4.4.Upon the expiration of the deadline specified above, claims regarding defects in the services, including quantity (volume) and quality, shall not be accepted.
5. INFORMATION SECURITY
5.1. The User bears responsibility for the security of the data required to access the Account and the actions performed by third parties who gain access to the User's Account.
5.2. All actions taken with the use of the User's Account are deemed committed by the User himself/herself.
6. PAYMENTS
6.1. Users may be charged for the use of the paid functionality of the Website provided by the Company.
6.2. For the User's convenience, the payment terms have been highlighted in a separate document(s), the link(s) to which is/are provided in the List of Services. Upon payment, the User confirms that he/she has studied and completely agrees to the relevant payment terms.
7. PARTIES RIGHTS AND OBLIGATIONS
7.1. The Company undertakes the following:
7.1.1. To act openly, in good faith, and not to violate the terms of the Agreement;
7.1.2. To do everything possible to provide constant access to the Website for the User in order to use the Website in the amount, manner and on the terms stipulated by the Agreement;
7.1.3. To comply with the regime of protection of personal data of Users in the amount not less than in accordance with applicable law;
7.1.4. To perform other obligations stipulated by the Agreement, its annexures, or applicable law.
7.2. The Company is entitled to the following:
7.2.1. To suspend providing Users with permanent access to the Website (or individual functionalities and/or Services) in the amount, manner and on the terms stipulated by the Agreement, in the event of failure or restriction of access due to maintenance, modifications, removal, extension or introduction of additional functionalities, or due to system failures on the Internet (including the server), as well as in case of force majeure or other circumstances; Accordingly, the Company does not guarantee any particular functionality of the Website and shall not be liable for the complete or partial failure to enable User access to any particular functionality of the Website;
7.2.2. To unilaterally delete and/or alter sections of the Website, as well as the functionality of the Website at any time and without prior notice to and approval from the User;
7.2.3. To unilaterally transfer its rights and obligations under this Agreement to a third party at any time and without prior notice to and approval from the User;
7.2.4. To exercise other rights stipulated by the Agreement, its annexures or applicable law.
7.3. The User undertakes the following:
7.3.1. To act openly, in good faith and not to breach the terms of the Agreement;
7.3.2. To independently review the Agreement as well as all annexures thereto for amendments; The failure of the User to familiarize themselves with the Agreement and/or the amended version of the Agreement, its annexures may not serve as the ground for the User's failure to perform their obligations and failure to comply with the restrictions set forth in this Agreement; Actual use of the Website by the User after the amendment of the terms of the Agreement and its annexures shall mean the User's consent to the new terms;
7.3.3. To refrain from any actions, which can cause material, technical or reputation damage to other Users, or the Website (including the public provision of inaccurate or deliberately false information about the Website);
7.3.4. To refrain from disclosing information obtained through the Website which is available only by logging into an Account, including, but not limited to, correspondence with the Company; User hereby agrees that he/she is personally liable for complying with the abovementioned clause;
7.3.5. To perform other obligations stipulated in the Agreement, its annexures or applicable law.
7.4. The User is entitled to the following:
7.4.1. To use the Website to the extent, in the manner and on the terms set out in the Agreement and its annexures;
7.4.2. To exercise the other rights provided for in the Agreement, its annexures or applicable law.
7.5. The User shall refrain from the following:
7.5.1. To use the Website in violation of the terms of the Agreement;
7.5.2. To use the Website and the Website Content, other than to the extent, in the manner and under the terms specified in the Agreement, its annexures, without the explicit written consent of the Company;
7.5.3. Distributing, selling, translating, modifying, reverse engineering or performing reverse compilation or decompiling, disassembling or creating derivative works with respect to the Website and the Website Content;
7.5.4. Attempts to gain unauthorised access to any other computer systems or networks connected to the Website;
7.5.5. Interference or actions that may cause interference or disruption of the Website operation, servers which are used of the Website;
7.5.6. Use any framing techniques, using materials from the Website;
7.5.7. Use of any meta-tags, pay-per-click advertising model, any "hidden text", deeplink links referring to the Website;
7.5.8. Bypassing any encryption or other security measures used on the Website;
7.5.9. Use of data mining, scraping or similar data gathering and extraction tools on the Website;
7.5.10. Sell, rent, lease, transfer, distribute, use as a service or otherwise transfer to third parties the access to the Website, which is provided to the User under the terms of this Agreement;
7.5.11. Modifying in any way the object code of the Website and its components;
7.5.12. Performing other actions that may adversely affect the correct operation of the Website, as well as the reputation and good name of the Company, its managers, employees, customers and other Users;
7.5.13. Сommitting other acts that violate applicable law, as well as international copyright law and software usage law with respect to the Website. 7.5.14.
7.5.14. The User hereby confirms that he/she will comply with the following rules applicable to all Services provided via the Website:
a) It is prohibited to use abusive language ( swearing and inappropriate communication);
b) It is prohibited to flood (comments and messages that occupy large volumes and have no new/helpful meaning, and are irrelevant to the topic);
c) It is prohibited to use the Website, any Services on the Website to request, post, upload, transmit personal contact details (phone number, email address, billing information, ICQ accounts, Skype, etc.) and links to resources with their text, graphic or any other form, as well as directly or indirectly encourage Users to provide the above-mentioned personal information;
d) It is prohibited to register a User on the Website again using a different email address as long as the User's account on the Website has already been activated or deleted without the consent of the Company;
e) It is prohibited to advertise services with similar functionality to the Website, including those competing with the Website, except for notification in order to inform about the necessity to verify the result for uniqueness by another resource and Users' personal correspondence with regards to results of uniqueness verification on other resources when using the Services.
8. INTELLECTUAL PROPERTY
8.1. All rights to the Website and the Website Content are reserved by the Company and/or third parties.
8.2. The User hereby agrees and fully acknowledges that all exclusive rights and/or any licences to the software that comprises the Website elements, the Website Content, and/or is used for their administration and functioning, including the audiovisual works, as well as graphic design, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content belong to the Company or its contractors, except for material posted by Users (if any).
8.3. Present Agreement does not contemplate the assignment of any exclusive rights or the granting of an exclusive licence in respect of any parts of the Website, the Website Content, from the Company to the User.
8.4. Except for the cases explicitly stipulated by the Agreement and its annexures, as well as by the applicable legislation, no Website Content may be copied (reproduced), reprocessed, distributed, framed, published, downloaded, transferred, sold or otherwise used in whole or in part without prior consent of the right holder, unless the right holder has explicitly expressed its consent to the free use by any person. Reproduction, copying, collection, arrangement, storage, transfer of any information to create a database for commercial and/or non-commercial purposes and/or its use in whole or in part, irrespective of the manner of use, without the consent of the Company, is not permitted.
9. WARRANTIES AND LIMITATION OF LIABILITY
9.1. Company’s liability:
9.1.1. To the maximum extent permitted by applicable law, the User hereby agrees that the Company, its affiliates, agents and their officers, directors, employees shall not be liable for any claims, loss or damage, including subsequent or special losses, lost profits caused by the use of the Website. To the maximum extent permitted by applicable law, the User hereby waives any claims arising on contractual, tort or other grounds. The User understands and agrees that the Company enters into this Agreement under the terms of limited liability provided under this Agreement, which determine the distribution of relevant risks between the parties.
9.1.2. The Company bears no obligations and liability for the quality of the User's access to the Internet and the quality of the Internet connection, as well as for the presence / absence of the User's equipment and software for Internet access and the quality of such equipment and software.
9.1.3. The Company bears no liability for failure or other problems in the operation of telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, as well as for failures in the operation of e-mail or scripts (programs).
9.1.4. The User hereby acknowledges that in case of use of the Website via unsecured electronic communication channels of a public computer network, the Company shall not bear any liability for the safety of information transmitted through such electronic communication channels of a public network.
9.1.5. The Company shall not be liable for any delays, failures, incorrect or untimely delivery, deletion or loss of any User data or other information transmitted by the User to the Company, including by using the available functionality of the Website. The User warrants to the Company that it has back-up copies of all information sent to the Company.
9.1.6. The Company shall not be liable to the User for any damages, business interruption, loss of user or other data, costs (actual, indirect, consequential), incidental damages, loss of profits, loss of revenue caused by and/or related to the use of the Website by the User.
9.1.7. The Company shall not be liable to the User for any losses caused by possible errors or misprints on the Website. Nevertheless, the Company undertakes to take reasonable measures to prevent and correct such errors and misprints.
9.1.8. The Company's aggregate liability arising out of the use of the Website by Users, including the amount of penalties (fines and penalties) and/or damages recoverable, in respect of any claim or action in respect of the Agreement or the performance thereof, shall be limited to the amount of the remuneration received by the Company.
9.1.9. The Company shall not be liable for any unfair Users practices arising out of the use of the Website and the Services.
9.2. User Liability:
9.2.1. In the event of a breach of the Agreement or any annexures thereto, the User may receive a warning notice.
9.2.2. In case of gross violations or continued violation of the Agreement and/or its annexures, including after receiving a warning(s) about the inadmissibility of such actions, the Company has the right to refuse temporarily or permanently to grant to such User the right to use the Website or its particular Services in full or in part.
9.2.3. The Company may at its discretion impose the following penalties on the User for violating the provisions of this Agreement and the Offer Agreements of the particular Services, which are referred to in the List of Services, depending on whether or not the violation was first committed, the severity of the violation, etc.:
1) Ban, i.e. temporary or permanent suspension of the User's access to his/her Account on the Website. The User can be banned either in whole or in part by restricting the use of some of the Company's Services and disabling other functionalities at the discretion of the Company;
2) Other sanctions upon discretion of the Company.
10. APPLICABLE LAW AND DISPUTE RESOLUTION
10.1. Applicable law is the law of the Czech Republic.
10.2. The non-judicial preliminary claim procedure for resolving disputes under the Agreement shall be binding on the parties. The term for consideration of the claim is Thirty (30) calendar days from the date of receipt of the claim. The User shall send a duly executed and signed claim by an authorized person via courier service to the Company's registered address, and the Company shall send a claim by any means of communication provided by such User during Registration or specified in the Account.
10.3. Should the Parties fail to reach a pre-trial settlement agreement, the dispute shall be referred to the relevant court in accordance with the laws of the Czech Republic.
11. CONFIDENTIALITY
11.1. All information disclosed by any of the parties under this Agreement shall be deemed as a trade secret and confidential information. Such information may include but is not limited to the information on the other party's organizational and management structure, business partners and counterparties, existing contractual relations, marketing and business practices. Each party undertakes to keep secret such confidential information of the other party or its contractors during the period of the Agreement and shall survive its termination and remain in force for the period of three (3) years from the date of termination of the Agreement, unless otherwise agreed in writing by the parties. Each party shall observe the same high degree of secrecy in order to avoid disclosure or use of the other party's confidential information as it would observe in relation to its own confidential information.
11.2. Each party shall immediately inform the other party in writing of any attempts by unauthorized access to the other party's confidential information that he/she becomes aware of.
11.3. Should one of the parties disclose information that constitutes a trade secret of the other party or its counterparties, the party that disclosed the information that constitutes a trade secret shall be liable in accordance with the applicable law.
11.4. The provisions of this section shall not apply to information which the parties have disclosed to each other in connection with the use of the Website, any functionalities and/or Services of the Website.
12. FINAL PROVISIONS
12.1. In case of any changes in the data provided under the User's Account or payment data, the Company may request the User to provide additional personal data (e.g. passport number) in order to verify the User and to protect the legitimate interests of the Company and other Users in accordance with the 1text.com Privacy and Cookies Policy.
12.2. This Agreement shall enter into force upon the User's acceptance of the Agreement, and shall be valid for the entire duration of the Website's Use. Once the Agreement enters into force, all prior discussions, correspondence, preliminary agreements and letters of intent that have the same subject shall be null and void.
12.3. Should any provision of this Agreement be held invalid or unenforceable and be repealed, the remaining provisions thereof shall not be affected and such invalid/unenforceable provision shall be replaced by a valid/enforceable provision that comes as close as possible in its economic sense, meaning and effect to the original version of the provision stipulated by the Agreement.
13. CONTACT US
If anything is left unclear in the text of this Agreement, we will be glad to clarify its provisions. You can also use the contact details provided in this section for any reason foreseen by the present Agreement. Please contact us via the following email address: [email protected].