1. AGREEMENT TO TERMS

1.1 These the Terms of Use (“Terms“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”)  and YOUR PASS, s.r.o., based at Prague 4 - Chodov, Türkova 2319/5b, the City of Prague district, postcode 149 00, Company ID: 24809888, file reference: C 176332 maintained by the Municipal Court in Prague (“Yourpass“ or “we”). These Terms concern your access to and use of the YourWallet mobile app as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “YourWallet”). You agree that by downloading, using and/or accessing YourWallet, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING YOURWALLET AND YOU MUST DISCONTINUE ITS USE IMMEDIATELY.

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1.2  Current  Terms are available on your respective appstore as well as in the app itself and at www.yourwallet.app/terms/ and are effective from 1.7.2020.

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2. YOURWALLET

2.1  YourWallet is a mobile app that lets you store digital cards/passes inside your mobile phone with ease. It enables you to keep your cards at your fingertips. It makes your loyalty cards, tickets, boarding passes, coupons and other digital cards easily available. The app is compatible with Apple PKPASS digital card technology. 

2.2   We reserve the right to change, modify, discontinue or remove YourWallet at any time or for any reason at our sole discretion without notice, but have no obligation to do so. 

2.3  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use YourWallet for reasons on our part. Nothing in these Terms can be construed as our obligation to maintain and support YourWalletincluding but not limited to supplying any corrections or updates.

2.4  We undertake to maintain reasonable physical and technical security measures to ensure security, confidentiality and integrity of your data; despite that we cannot hold liability for any loss or damage to such data and we rely on the fact that your data are primarily saved and backed up on your side. For more on our liability see the article at www.yourwallet.app/privacy/.

2.5  You acknowledge that you may not be able to access and use certain functionalities of Yourpass without internet connection. Connection fees/traffic charges by your network provider may apply.

2.6  You undertake to

(i)      use YourWallet only in compliance with these Terms and applicable legislation and in accordance with the rights of third persons;

(ii)    act in accordance with trade and other conditions of the applications of third persons through whom you use or access our services or transmit your data to our service or from it, or the applications of third persons, from which you transfer or connect additional data to the customer data;

(iii)   not to provide YourWallet (or any of its components) to a third person or otherwise enable its use by a third person; 

(iv)   not to use YourWallet for storing or transferring a malicious code; 

(v)    not to interfere with the integrity or the method of providing YourWallet and with the data of third persons;

(vi)   not to seek to obtain an unauthorised access to YourWallet or its backend and other systems and networks related to it;

(vii)  not to enable circumvention or breach of any security facility or measure related to YourWallet; and

(viii) not to imitate YourWallet or its part, element, function or user interface.        

   

2.7  If you install or permit YourWallet to be installed, you authorize us to access your data in the extent necessary for the operation and support of the application, as in more details described in the applicable Privacy Policy.

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3.  PRICE AND CONDITIONS OF PAYMENT

3.1 Unless agreed otherwise, the YourWallet app is free to download and use.

3.2 We do not provide customer support services to end-users.

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4. OWNERSHIP RIGHTS AND LICENCES

4.1  All rights to the intellectual property rights, to domain names, and all rights derived from them and all similar forms of protection anywhere in the world in relation to the YourWallet, to all its changes, extensions or individual modifications, belong to us, or to persons who provided a licence to us.

4.2  To the extent, at which we grant you access, as part of YourWallet, to an item of the intellectual property right, such as software, the texts or graphic design contained therein, or a database or its part, we grant you an authorisation to use such work or database. The licence is not exclusive, is without territorial limitation, time-constrained for the period of your use of the app and limited in terms of the purpose and amount as necessary for duly using the App in line with its original purpose.

4.3  Unless agreed otherwise, unless provided otherwise by applicable laws or if it does not arise from the purpose of the given work, you do not have the right to change or reverse engineer YourWallet or its outputs and communication.

4.4 Contents stored by you in YourWallet may be owned by its original creators/licence holders (eg., the issuer of the card). It is your obligation to ensure that no rights of third persons are infringed by your use of YourWallet.

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5. LIABILITY FOR DEFECTS AND DAMAGES

5.1 YOURWALLET IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF YOURWALLET AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOURWALLET AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF YOURWALLET, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH YOURWALLET BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN YOURWALLET OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF YOURWALLET. 

5.2  WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH YOURWALLET, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY CARDS INSERTED IN YOURWALLET BY YOU AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

5.3  You agree that because of the unique nature of YourWallet and our rights in it, a breach of these Terms may irreparably harm us and monetary damages would be inadequate compensation. You agree that we will be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.

5.4 We are not liable for defects of YourWallet or any harm if incurred as a result of (i) an act or omission on your part, (ii) applications of a third party, (iii) any modifications to YourWallet, which were not carried out by us, or (iv) your failure to carry out timely modifications or updates provided by us.

5.5  To the extent permissible by law, our liability to you in case you are a consumer is limited, in every individual case, to the real damage, i.e. it does not include profit lost. To the extent permitted by law, the parties further agree on an overall limitation of the obligation of Yourpass to pay compensation for damage incurred by you as a result of a breach of our duties, arising from these Terms, to the maximum total amount of damage equal to the remuneration paid by you for 3 months directly preceding the harmful event.

5.6 To the extent permissible by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the YourWallet; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

6. TERM AND TERMINATION

6.1  These Terms remain in full force and effect while you use YourWallet. Without limiting any other statutory or contractual right to terminate, we may, in our sole discretion deny access to and use of the YourWallet, to any person for any reason or without it. We can delete any content or information within YourWallet at any time, without warning, in our sole discretion. Please backup your cards!

6.2  If we terminate or suspend your use of YourWallet, you will be able, for a reasonable period of time, to download your content.

 

7. GENERAL PROVISIONS

7.1 These Terms and their performance shall be governed by and construed in accordance with the laws of the Czech Republic. All disputes, claims or any disagreements arising from the Terms or in connection with it, that will be disputed by the parties (including issues relating to its validity, effect and interpretation), will be submitted for a decision to the relevant court in the Czech Republic, the court having territorial jurisdiction will be the court of first instance with respect to our registered office.

7.2 These Terms include by reference the YourWallet Privacy Policy available at www.yourwallet.app/privacy/.

7.3 We may issue additional terms and conditions or documents from time to time; such terms, conditions and documents will be incorporated herein by reference. 

7.4 Any failure by any party to enforce any term or condition hereof will not be considered a waiver of that party's right to enforce each and every term and condition of these Terms thereafter.

7.5 We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by notification in the YourWallet app and on our website at least 30 days prior to the effective date of the relevant change. In case any such change will be detrimental to you, you are free to terminate your respective agreement with us at your convenience until the effective date of change.