Effective as of July 10, 2024

Welcome to WIOLP. Thank you for using our Services. These Terms and Conditions (the “Terms”) set forth our mutual agreement as to your rights and responsibilities when you any use the WIOLP website (wiolp.com or wiolp.* on other top-level domains), mobile applications for iOS and Android (collectively the “Website”), and Services (the “Services”). By using the Website or any of the Services you are agreeing to these Terms. You are also agreeing to comply with our Community Rules, which are incorporated herein by reference. Please read these documents carefully – they contain important information about your rights and your responsibilities when you use the Website or the Services.

Your privacy is very important to us. Our Privacy Statement sets forth important information on how we collect, process, use and share your data and is incorporated by reference herein. Please read the Privacy Statement and US State Privacy Notice carefully.

Important Things for You to Understand When You Use Our Services

• You always maintain ownership of your data, but we need the ability to use your data for the purposes set out in our Privacy Statement and these Terms, and, if you agree to it, in our Informed Consent to Research.
• You may discover unanticipated facts about yourself or your family when using our Services that you may not have the ability to change.
• As we are constantly striving to improve the Services we provide you, your data may be used to enhance our existing user experience or to develop new products and services. Unless expressly stated otherwise, each new feature that we add to the Services will also be subject to these Terms.

Our Services are very diverse, so sometimes additional or separate terms may apply. Any additional terms will be specified with the relevant Services, and those additional terms become a part of your agreement with us if you use those Services. Separate terms may also apply to special offers or promotions, and if the rules of a promotion or special offer conflict with these Terms, those special terms will prevail. We are constantly changing and improving our Website or Services, and thus we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether.

Official correspondence must be sent via postal mail to:
WIOLP, s.r.o., Tallerova 4, 811 02 Bratislava, Slovak republic, Central Europe, ICO: 55906656, info@wiolp.com 

1. Eligibility to Use the Services

You may need to create an account to use the Services. To protect your WIOLP account, please keep your password confidential. You must provide accurate, complete and current registration information when you register. The Services are intended for adults in the countries where they are being offered. 

2. Your Use of the Services

In exchange for your access to the Services, you agree:

• to comply with the Community Rules;
• to comply with all applicable laws;
• not to resell the Services or to resell, reproduce or publish any content or information found on the Services, except as explicitly described in these Terms;
• not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including with bots, crawlers, spiders, data miners, scraping or other automatic access tools;
• you are responsible for all usage and activity on the Services made via your account; and
• you will contact us if you suspect your account has been breached or used without your authorization.

3. Renewals and Cancellations for WIOLP Services

Your membership(s) to the Services and your purchase are subject to the Renewal and Cancellation Terms, which are incorporated herein.

4. Intellectual Property

The Services and its content, features, and functionality are owned by WIOLP and are protected by intellectual property laws.

With respect to using the Services, you agree that you do not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit anywhere.

The Website and/or the Services contain documents, records, indexes of content, and other content that are owned by or are licensed to WIOLP. You may use the WIOLP Content only as necessary for your personal use of the Services or where expressly permitted by WIOLP.

With respect to WIOLP Content, you agree that:

• to keep all copyright and other proprietary notices on any WIOLP Content you download or print; and
• not to distribute, republish, or sell significant portions of any WIOLP Content.

Personal Information and User-Provided Content: When you use the Services, you provide us with different types of information. For an explanation of Personal Information and a description of the types of Personal Information you may provide to us, see our Privacy Statement. You may ask us to delete your Personal Information as explained in our Privacy Statement. In addition, you may provide us with information that is not considered Personal Information. In these Terms, we refer to this type of information as “User-Provided Content.”

With respect to User-Provided Content, you agree that:

• you are solely responsible for your User-Provided Content;
• you represent and warrant that you have all the necessary rights to upload or post your User-Provided Content and that your User-Provided Content complies with the Community Rules;
• you will provide WIOLP, upon our request, with any documentation necessary to evidence your compliance with these Terms; and
• any User-Provided Content that you have made public or shared may be used by other users as part of, or in conjunction with, the Services. We will not be required to remove any information or User-Provided Content that you have made public or has otherwise been shared or public profiles of other users.

WIOLP has no responsibility or liability related to User-Provided Content. While we do not routinely monitor User-Provided Content that is uploaded or posted to the Services, we do reserve the right to do so and to use automated tools that monitor User-Provided Content for violations of these Terms, including, the Community Rules. We reserve the right, but do not have the obligation, to remove or disable access to any User-Provided Content that we believe violates these Terms, including the Community Rules.

Additional User Information. You may voluntarily choose to provide additional information about yourself. Any sharing of Additional User Information with third parties is governed by our Privacy Statement and US State Privacy Notice.

Ownership of Personal Information, Additional User Information, and User Provided Content: You own your Personal Information, Additional User Information, and User-Provided Content, but we need certain rights from you to use that information and content. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate, and store your Personal Information, and Additional User Information in order to (a) provide the Services to you and other users, (b) for the purposes described in these Terms and our Privacy Statement, and (c) for any other purpose to which you expressly agree, such as sharing with others. Also, by submitting User-Provided Content through any of the Services, you grant WIOLP a sublicensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User-Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for WIOLP to copy, display, and index your User Provided Content. WIOLP will own the indexes it creates. We will also have the right to continue to use your User-Provided Content, even if you stop using the Services, but only as necessary for us to provide and improve the Services.

Copyright and Trademark Notice: Each of the Services is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks, and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership, and all other rights and interests in and to all WIOLP Content in the Services.

5. Termination or Suspension of Your Account

We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of these Terms or, the Community Rules.

6. Modifications to these Terms

We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription as described here.

7. Warranty

While we hope you enjoy using our Services, there are things we don’t promise about our Services.

Except as expressly set out in these Terms, we provide the Services and the WIOLP Content. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the WIOLP Content, (b) about the specific functionality of the Services, (c) about the quality, accuracy, reliability, or availability of the WIOLP Content or Services, or (d) that the WIOLP Content or Services will be free from viruses or other harmful components.

8. Disclaimers, Limit of Liability

We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any part of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your membership. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.

Disclaimers:

(a) To the fullest extent permitted by law, WIOLP, its representatives, employees, licensors, and affiliates shall not be held responsible for any incorrect or inaccurate information in connection with the Service, whether caused by Website members, users, our corporate partners, advertisers or by any of the equipment or programming utilized in the operation of the Website or the Service.

(b) WIOLP, its licensors, and affiliates are not responsible for the conduct, whether online or offline, of any website member or user. To the maximum extent permitted by applicable law, we shall not be responsible for any loss or damage, including lost data, lost information, personal injury, death, or privacy implications resulting from anyone’s use of the Website or the Service, any information posted on the website or transmitted to members or other users, or any interactions between members or other users of the Website, whether online or offline.

(c) WIOLP does not assume any responsibility for any errors, omissions, interruptions, deletions, defects, delays, communication line failures, theft, destruction, unauthorized access, or alteration of user or member information. WIOLP is also not responsible for any problems or technical malfunctions of communication networks, online computer systems, servers, computer equipment, software, email systems, technical issues, internet traffic congestion, or any combination thereof. WIOLP, its licensors, and affiliates are not responsible for any injury or damage to any computer equipment belonging to any website member or user, or any other person related to or resulting from the use of the website, viewing, or downloading any materials from the Website, or otherwise in connection with the Service.

(d) WIOLP does not provide legal advice or representation. Members or other users are encouraged to consult with legal professionals for specific legal guidance.

(e) WIOLP is not liable for any legal disputes between members or other users and financial institutions. Members or other users should consult with legal professionals for any legal matters related to their claims.

(f) WIOLP is not liable for any financial losses resulting from the use of the Service. Members or other users are responsible for verifying the accuracy of the information provided, including that generated by chatbot AI Sam Assistant, and for any actions taken based on that information.

(g) WIOLP does not guarantee a find of unclaimed assets and members or other users should approach the search with realistic expectations. 

(h) The Website and the Service are provided “as is” and “as available.” WIOLP expressly disclaims any kind of warranty, whether expressed or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, satisfactory quality, availability at any specific time or location, uninterrupted or secure access, correction of defects or errors, and freedom from viruses or other harmful components. We cannot guarantee specific results from using the Service. The Website may include links to third-party websites that we do not own or control. We are not responsible for the content, policies, or practices of any third-party websites or services. By using any third-party website or service, you release us from any liability.

9. Your Indemnity

You agree that you will indemnify and hold WIOLP, our employees, and our agents harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User Provided Content, including a claim that your User Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release WIOLP from all claims, demands, actions, or suits in connection with your User Provided Content, including any liability related to our use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

10. Marketing of Our Services

By signing up to the Website, you agree that we may use your contact information to offer you Products or Services which may complement the Service you originally signed up to use. Such promotional offers may be made via email, telephone, or direct mail.

If you do not want to receive marketing offers, please contact us at info@wiolp.com.

11. Services Offered by Other Companies

We may offer you the opportunity to purchase services from companies. Use of those services will be subject to the terms and conditions of the companies offering the services. Please read those terms carefully. We have no responsibility related to any such third-party services.

12. Dispute Resolution

We work hard to keep our customers satisfied. If a dispute arises between you and WIOLP, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Injunctive Relief: If you use the Services in violation of these Terms, you agree that we are entitled to any injunctive remedy or an equivalent type of urgent legal relief in the appropriate jurisdiction.

You agree that the Irish Courts will have exclusive jurisdiction over all disputes (contractual or non-contractual) related to this Agreement. If you are a European Union consumer you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. Nothing contained in this clause shall limit WIOLP’s rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.

Additional Dispute Information for EU Members: Information pursuant to Regulation 524/2013: The European Commission provides a platform for Online Dispute Resolution (ODR), available at http://ec.europa.eu/consumers/odr/.

Additional Dispute Information for U.S. Members and U.S. Individuals: This arbitration and class action waiver provision applies to all customers and individuals located in the United States and its territories. Please carefully read this arbitration provision to understand your rights. Unless prohibited by governing law, both you and WIOLP agree that any claim that may arise must be resolved through final and binding individual, confidential arbitration. With the exception of what is provided here, both you and WIOLP are waiving the right to a trial by jury. The rights that would have been had by going to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

Commencing Arbitration: You and WIOLP agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

Organization, Rules, and the Arbitrator: All Claims above shall be submitted to final and binding individual, confidential arbitration before a single arbitrator of IAL SE. The arbitration will be conducted in accordance with these Terms and this arbitration agreement and the provisions of IAL SE’s Comprehensive Dispute Resolution Rules and Procedures, the Mass Filing Supplemental Dispute Resolution Rules and Procedures, and any supplemental rules and fee schedules in effect at the time of submission of the demand for arbitration and as applicable (the “IAL SE Rules”). The arbitrator shall be JUDr. Ludek Lisse, Ph.D., LL.M., MPA, chosen in accordance with the IAL SE Rules. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, formation, or enforceability of this Agreement, the Privacy Policy, any documents or agreements incorporated by reference in any of the foregoing, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine all threshold arbitrability issues, including whether any Claim is arbitrable and whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or WIOLP. Payment of all filing, administration and arbitrator fees will be governed by the IAL SE Rules. The parties shall each pay their own fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of Slovak Republic without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Amendments: WIOLP reserves the right to amend this arbitration provision at any time. Your continued use of the Website and/or Service is the affirmation of your consent to such changes. Should the changes to this arbitration provision be material, WIOLP will provide you notice and an opportunity to opt-out. Your continued use of the Website and/or Service is the affirmation of your consent to such material changes.

13. Miscellaneous

WIOLP Parties: You are entering into these Terms with a specific WIOLP entity depending on what Service you are using and where you are geographically located. Please see the list of WIOLP entities by Service and geography. All references to WIOLP , “us” or “we” in these terms refer to the relevant WIOLP entity on that list. We reserve the right to change the WIOLP entity which is a party to these Terms at any time as a result of a corporate reorganization or otherwise.

Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and WIOLP regarding your use of the Website or the Services and supersede any prior agreements.

Notification of Changes to the Services: WIOLP may contact you within the Services, via email or physical mail to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.

Feedback: If you submit feedback or suggestions about WIOLP or our Services, we may use your feedback or suggestions for any purpose without any obligation to you.

Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of WIOLP, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

If WIOLP is Acquired: If WIOLP or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), WIOLP has the right to share your Personal Information, User Provided Content and Additional User Information with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.

Severability: The unenforceability of any particular section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.

No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.

14. Digital Services Act

For the purposes of Article 24(2) of the European Digital Services Act (“DSA”), our service has had an average monthly active user count of less than 45 million in the European Union over the past six months. This number is well below the 45 million threshold required to be classified as a “Very Large Online Platform” (VLOP) under Article 24(2) of the DSA.

These Terms and Conditions were consolidated from separate prior versions