Effective date: 04.01.2021
COMPOCITY’S GENERAL TERMS AND CONDITIONS FOR THE APPLICATION (‘GTC’)
1. Subject Matter, Purpose, Scope and Amendment of Compocity’s GTC
1.1. Compocity’s GTC contain the terms and conditions for the application (‘Application’) created and operated by Compocity Kft. [‘Service Provider’ or ‘Compocity’]. The Application may be used independently or in relation to the Compo Robot and all related hardware, software and services sustainability infrastructure (altogether referred to as ‘System’).
1.2. This GTC may only be concluded personally by a natural person with the capacity to act (‘User’). By concluding this GTC, the User declares and acknowledges under penalty of perjury that they has full legal capacity; if the User does not have legal capacity, its legal guardian is liable.
1.3. The purpose of the Service provided by Compocity is to provide the users a modern sustainability experience by a designed composting robot, which recycles compostable kitchen waste by using microorganisms, and thus strives for a more sustainable future. The purpose of the Application covered by the present GTC is to improve user experience by gamification, easier tracking of the performance of Compo Robot and more effective usage to the Services. 1.4. This GTC shall be effective as of 04.01.2021 until withdrawal.
1.5. This GTC shall cover all legal relationships established between the User and the Service Provider when registering in the Application and set out the Parties’ rights and obligations.
1.6. The GTC may only be accepted electronically. The Parties conclude an agreement for the use of the Application electronically, through successful registration. The GTC as an agreement shall not constitute a written agreement, therefore it is not registered by the Service Provider and will not be available later in a signed form. The language of the agreement is English.
1.7. Service Provider may amend this GTC unilaterally subject to prior (at least 24 hours in advance) notification of the Users affected by such amendment. If a User does not agree with the relevant amendment, the User can terminate the GTC at any time in accordance therewith.
1.8. Issues not regulated in this GTC, as well as the interpretation of this GTC shall be governed by the Hungarian law, including in particular the relevant provisions of Act V of 2013 on the Civil Code (‘Civil Code’). All cogent and relevant legal provisions shall apply to the Parties also in the absence of any specific stipulation to that effect.
1.9. This GTC is continuously available through the Compocity’s Website on the bottom, at https://www.compocity.help/. 1.10. The structure and subdivision by chapters of this GTC are for information purposes only and ensure a greater transparency, not affecting the interpretation of the GTC.
1.11. Service Provider informs the User that there is no code of conduct applicable to its service activity.
2. Service Provider’s data
Service Provider’s name: Compocity Kft.
Registered seat: H-1117 Budapest, Erőmű utca 8. 5. em. 1.
Company registration number: 01-09-359152
Name of the registering authority: Company Court of the Budapest-Capital Regional Court Tax number: 27961025-2-43
E-mail address: email@example.com
Phone number: +36703348428
Hosting service providers
Name: Webonic Kft.
Registered seat: H-8000 Székesfehérvár, Budai út 9-11.
Company registration number: 07-09-025725
E-mail address: firstname.lastname@example.org
Phone number: +36 22 78 76 74
Name: Google Firebase Inc.
Registered seat: San Francisci Bay Area, West Coast, Westren US
E-mail address: email@example.com
Phone number: 408-400-3656
a) Application: the official application that has been developed and is operated by Compocity. Through the Application the User can follow the activity of the Compo Robot, and through gamification, they can earn points and connect to challenges while composting. Use of the Application is not a prerequisite for using the Compo Robot, but without a Compo Robot the User can not use all features of the Application.
b) Compo Robot: the Compo Robot is the composting hardware unit itself, including the electronic sensors that work in it, and the software that runs in the hardware needed to operate it. The Compo Robot is developed, produced, owned and operated by Compocity.
c) Compocity or Service Provider: Compocity Kft. that is the sole owner, creator and operator of the System. d) GTC: this General Terms and Conditions which provide a framework for regulating the legal relationships between the User and the Service Provider as regards the use of the Application, and which shall be accepted expressly in order to use the Application.
e) Party: the User or the Service Provider.
f) Parties: the User and the Service Provider together.
g) Service area: the geographical territory in which the Service is available, which corresponds to the entire administrative territory of Hungary.
h) Service: the complex sustainability services of Compocity containing the composting service, the provision of the Compo Robot itself, its assembly, the initial implementation training, provision of microorganism, the maintenance of the Compo Robot, the Application and the support of the Application. The Service is exclusively provided and operated by the Service Provider. However, the scope of this GTC covers only use and support of the Application.
i) System: a collective term for the Compo Robot, the Application as well as the entire infrastructure that is developed, owned and operated by the Service Provider, which provides a complete, modern indoor composting and sustainability Service. The System constitutes the exclusive property of Compocity.
j) User: a natural person who downloads the Application and registers in it in order to use the Application in itself or together with other elements of the System.
k) User account: User’s personal profile, created through registration in the Application, in which the User provides their data, may modify such data and change settings in connection with the use of the System. l) Website: the website operated by Compocity, containing the information and data relating to the Compo Robot and the whole System and which is available at https://www.compocity.help/.
4. General Provisions
4.1. The Service Provider reserves the right to modify the content of the Application, or to terminate its availability unilaterally, without providing any compensation, indemnification or damages, in accordance with this GTC. 4.2. The Service Provider shall be entitled to suspend the Service, that is shutting down the Application temporarily at any time, without providing any compensation, indemnification or damages, including in particular in case of maintenance or system upgrade. The Users shall always be notified in advance via email and also through the Application of such suspension.
4.3. By accepting this GTC, the Parties undertake to notify each other without delay of any significant facts, data, events or information that are closely related to the use of the Application and the contractual performance via email to firstname.lastname@example.org or to the User’s registered email address in the Application. All legal consequences of the omission shall be borne by the defaulting Party.
4.4. Compocity reserves the right to contact the User at any time during the term of the GTC, and the User shall cooperate with the Service Provider and provide it with the information and data requested without delay. In case of failure to do so, the User shall solely be liable for all legal consequences.
4.5. User undertakes and under the penalty of perjury, expressly declares that the personal data supplied by them to the Service Provider in any manner during the use of the Application relate directly to them, are real and correct and that they do not violate any rights and lawful interests of the Service Provider or of any third parties. If the Service Provider becomes aware or if it is probable that the data supplied by the User are not or a part thereof are not true, precise, complete or contain elements that are otherwise unlawful or contrary to the GTC, it shall be entitled to refuse the use of the Application and apply further legal consequences in accordance with the provisions of this GTC and the applicable laws.
5. Technical Requirements for using the Service, Service Platforms
5.1. Compo Robot
5.1.1. The Compo Robot is available to any users who have subscribed to or purchased the device according to an individual agreement with the Service Provider.
5.1.2. The terms and conditions for using the Compo Robot are not the covered by this GTC. 5.2. Application
5.2.2. The Application is available on any smartphones with Android or IOS operation system. 5.2.3. Registration may be carried out in two ways:
- direct Registration by pressing the ‘Register’ button through the main screen. A name, a password, and an email address shall be provided for the purposes of the registration. The first phase of registration will not be closed until the mandatory fields are not filled in by the User completely and properly;
- Google Connect: by log-in through the personal Google user account. This registration method is available for those who have registered on gmail.com website.
5.2.4. The email address may not be modified subsequently, therefore the User shall solely be responsible for the validity thereof and shall maintain the relevant mailbox. Service Provider shall not be liable for the legal consequences deriving from the deactivation, termination or inaccessibility, for any other reasons, of the mailbox belonging to the email address provided. If the Service Provider becomes aware that the email address recorded by the User is inactive or invalid, it shall be entitled to deactivate or delete the given User. Each email address may only be used once for registration purposes; therefore, the system warns the visitor if a registration had already been made with the provided email address.
5.2.5. The password provided shall meet the following requirements: minimum length of six characters, containing at least one of each of the following characters: lowercase, uppercase, number.
5.2.6. Following a full and successful registration, the User shall be entitled to use the Application. If the password has been forgotten, a password reminder may be requested within the Application. In this case, after providing the email address, the User will receive an email containing the link on which a new password will be provided.
5.2.7. The User shall be liable for and solely obliged to keep the User account and the related password confidential. The User expressly undertakes all liability for any activities carried out in connection with or through their User account. The User shall notify the Service Provider without delay of any unauthorised access, use of their User account or other actions against the security or any potential misuse or violation.
5.2.8. The menu items available in the User account created through Registration are ‘My forest’, ‘Maps’, ‘Friends’, ‘Challenges’, ‘News’ and ‘Settings’.
5.3. Social Media
5.3.1. The Service-related Facebook page, available at https://www.facebook.com/compocity.help, Service-related LinkedIn page and available at https://www.linkedin.com/company/compocity/, provide primarily additional data, information, and notifications about discounts in connection with the Service. The communication and correspondence carried through such social media platform shall not be considered official statements, the Service Provider is primarily available through the email address provided.
6.1. The Application itself may be downloaded free of charge.
6.2. The use of the Application does not oblige the User to use the Compo Robot, but not all the functions of the Application can be fully exploited without the Compo Robot itself.
6.3. Upon the User’s request, Compocity provides the Compo Robot in various subscription models to the Users; however, such service do not fall within the scope of the present GTC.
7.1. Information displayed
7.1.1. Service Provider shall make all efforts to ensure the accuracy and completeness of the contents in the Application, but it does not assume liability for any damage due to the potential inaccuracy or incompleteness of data contained in the Application. The User may rely on the information available in the Application only for his own responsibility and shall also be responsible for monitoring any changes to such information.
7.1.2. The User shall use the Application for purposes and in the manner that are legal and lawful and in compliance with the purpose of the System, the present GTC and any other related agreements concluded by the Parties. 7.2. Technology background
7.2.1. The User acknowledges and acceptsthat the Service Provider has no influence over the operation and policies of the Android or IOS operation system and that it does not warrant the full performance of the Application in case of change, termination, malfunctioning of the Android or IOS operation system or in any circumstances that impede or make impossible the use of the Application in any manner. Consequently, the Service Provider shall not assume any liability for the duration of the processing time and of the authorisation procedure of the Android Market and App Store. The User acknowledges that they may not claim any compensation, indemnification, damages or raise other claims vis-à-vis the Service Provider in relation thereto.
7.3. Force Majeure
7.3.1. All events that cannot be influenced by the Parties’ activities and that affect the contractual performance, constitute unforeseeable and extraordinary unavoidable external causes and shall be deemed as a force majeure in application of the GTC (e.g. natural disaster, fire, explosion, strike, etc.).
7.3.2. The Parties shall notify each other in writing of the force majeure without delay. This notice shall indicate the exact reason of the force majeure, as well as its expected effect on the GTC.
8. Termination, beach of the GTC
8.1. The User may terminate this GTC at any time. The method of termination is as follows: the User shall send an e-mail (email@example.com) to the Service Provider stating that the User wishes to delete the user account in the Application. The Service Provider should delete the user account without delay but no later than 48 hours.
8.2. If the Service Provider becomes aware that the User’s activity is unlawful in any manner or for any reason or is contrary to the GTC, other related agreement concluded between the Parties, the law, an authority’s provision or other statutory provision or that it probably constitutes an abuse of right, it shall terminate the GTC without delay and any further warning or exhaustive motivation.
8.3. The Service Provider shall be entitled to determine unilaterally, at its own discretion, which User conduct shall be deemed unlawful, if the given conduct results in using the System irregularly, abusively and contrary to the agreements of the Parties, regardless of whether such conduct was indicated expressly in this GTC.
8.4. The material breach of contract shall include in particular, but is not limited to, the following User conducts: − The User uses the System irregularly and contrary to its intended use, for the purposes of fraud or to cause damage to the Service Provider or a third party or causes damage in any manner during the use of the Application. 8.5. Where the GTC is terminated by the Service Provider with immediate effect, the defaulting User shall bear all costs, damage and other negative legal consequences deriving from such termination.
9. Copyright provisions
9.1. All elements of System as well as all Service Provider’s contents available in such System shall be subject to Service Provider’s exclusive ownership, copyright protection and industrial property rights protection where relevant. The utilisation, processing, copying, adaptation, distribution, reproduction, storage, any kind of exploitation or use of such elements and contents outside the scope of this GTC, without the Service Provider’s express written consent constitutes an infringement of copyrights, resulting in the appropriate legal consequences.
9.2. The Service Provider expressly warrants that no third parties have any right in that respect which would hinder or prevent the use of the Application or other System element by the User.
9.3. This GTC shall not affect, in any manner, the Service Provider’s intellectual property relating to any of its intellectual works concerning the System or its unlimited and exclusive right of use as to the System if potentially relevant. Such intellectual properties and all products and elements shall always remain in Service Provider’s property and use and the User shall not acquire any unlimited or limited copyrights, rights of use, industrial property rights or other rights in respect of the System.
9.4. The ‘Compocity’ figurative trademark are protected by industrial property rights; their use is subject to the Service Provider’s written consent, except for referencing.
9.5. Even in case of a written consent, any material from the Application and its database may only be taken over subject to making reference to Compocity.
9.6. The Service Provider reserves all of its rights to any and all items of the System as broadly interpreted, including the domain name, the secondary domain names deriving therefrom, as well as the Internet advertising interfaces. 9.7. Furthermore, adaptation of the content or certain parts of the System, the unfair creation of user identification numbers and any application or use with which the Application or a part thereof may be modified or indexed (e.g. search robot or any other decryption), is prohibited.
9.8. In case of a copyright infringement, the Service Provider may enforce its right to claim damages and any other legal consequences against the User in breach in court.
10. Data protection
11. Handling of complaints
11.1. If the User has any complaints in relation to the Service or the performance thereof, such complaint may be communicated to the Service Provider via firstname.lastname@example.org e-mail address.
11.2. The Service Provider shall examine the complaint immediately and remedy it where necessary. If the User disagrees with the handling of the complaint, the Service Provider shall take records of the complaint and its related position without delay and deliver a copy thereof to the User. If the complaint cannot be examined immediately, the Service Provider shall take records of the complaint and deliver a copy thereof to the User or send it later together with the reply in the merits.
11.3. The Service Provider shall reply in writing to the written complaint within 30 days. The Service Provider shall provide a detailed reasoning if it refuses the complaint. The Service Provider shall retain the duplicate of such reply for 5 years and reveal it at the controlling authorities’ request.
11.4. If the outcome of the handling of the complaint is unsatisfactory for the User, if the User is a consumer, they may turn to the district court having jurisdiction. The relevant list of the courts is available through the website of the Ministry of National Development (http://jarasinfo.gov.hu/.).
11.5. The Service Provider raises the User’s attention to the fact that Users considered consumers may turn to the conciliation panels as dispute resolution forum having jurisdiction at his domicile or residence. The conciliation panel has competence for the out-of-court settlement of disputes between the consumer and the Service Provider, in relation to product quality, product safety, the application of product liability rules, service quality, as well as the conclusion and performance of the contract between the parties (hereinafter referred to as the consumer dispute), for attempting to reach a settlement for this purpose and in case of no success, for adopting a decision in the case in order to enforce the consumer rights easily, quickly, efficiently and cost effectively. Upon the User’s request, the conciliation panel provides the User with advice in relation to the consumer’s rights and obligations. The procedure of the conciliation panel is subject to a direct attempt to settle the dispute between the consumer and the Service Provider. The conciliation panel starts its procedure upon the consumer’s application. The application shall be submitted to the head of the conciliation panel. The conciliation panel having jurisdiction at the Company’s registered address: Budapest Arbitration Board, customer service: H-1016 Budapest, Krisztina körút 99. III. emelet 310., postal address: H-1253 Budapest, Pf. 10., telephone: (+36) 1/488-2186, email address: email@example.com. In addition to the foregoing, the User may turn to court according to the Civil Procedures Code.
12. Other provisions
12.1. The Service Provider may engage subcontractors or other collaborators in the performance of its obligations. The Service Provider shall fully be liable for the conduct of such subcontractors and collaborators as if it had been acting on its own.
12.2. Neither Party may assign the legal relationship established under the GTC without the written consent of the other Party.
12.3. Should any part of this GTC become invalid, unlawful or unenforceable, the validity, lawfulness and enforceability of the remaining parts shall not be affected.
12.4. Should the Service Provider fail to exercise any of its rights under the GTC, such failure shall not be considered as a waiver of such right. Any waiver of any rights may only be valid subject to an express written statement to that effect. Should the Service Provider not stick strictly to a material condition or stipulation of the GTC on one occasion, this shall not constitute a waiver in relation to the strict compliance with such condition or stipulation.
12.5. The Service Provider and the User endeavour to settle their disputes amicably. In relation to any dispute between the User and the Service Provider, falling under this GTC and which cannot be resolved by way of settlement within 30 (thirty) calendar days, the User and the Service Provider stipulate the exclusive jurisdiction of the Hungarian court having jurisdiction.
13. Key legislation
Act CLV of 1997 on consumer protection
Act V of 2013 on the Civil Code
Government Decree No 45 of 26 February 2014 concerning the detailed rules of contracts between the consumers and the undertakings
Act CVIII of 2001 on certain aspects of the electronic commercial services and services related to the information society