Terms and Conditions of Service

1. Introduction

1.1. These terms and conditions refer to our website Decoditive.com and any other website we own that contains our Decoditive pages, products and services, such as our artificial intelligence-based software (collectively, our "Website").

1.2. Please read these Terms and Conditions carefully before you start using any section of our Website. By using any section of our website or by registering with us through the Website, you agree to be bound by:

(a) these Terms and Conditions;

(b) the Privacy Policy; and

(c) any terms and conditions and or rules regarding our studies published on our website.

(together, the "Terms of Use" ).

1.3. If the Terms of Use are translated into any other language it will be for informational purposes only and in case of any conflict between the translation and the English version, the English version shall prevail.

1.4. Your continued use of the Website will constitute acceptance of the Terms of Use.

1.5. The Terms of Use constitute your agreement with us.

1.6. In the event of any conflict or inconsistency between the terms and conditions of the Terms of Use, the order of priority shall be as set out in clause 1.2.

1.7. We use cookies to provide you with the best experience on the Website. If you continue to use any section of our website without changing your cookie settings, we assume that you consent to our use of cookies on the website. You can change your cookie settings at any time, but if you do, you may lose some features on our website. You can find more information in our Privacy Policy and Cookies Policy.

2. Summary

2.1. Decoditive is a company that conducts neuromarketing studies with artificial intelligence. To this end, it has a series of users who lend themselves to carry out these studies on a totally voluntary basis. The studies, facing the user, are developed as follows:

1. The user receives a link from Decoditive (it can be by mail, through its web pages or RRSS, or any means that suits both parties). This is the link where the user performs the test.

2. Once you have entered this link, the user must accept the terms, answer a series of questions that help Decoditive to bias the data once the study is finished (Decoditive will never share personal data, this is the user's name or email, with third parties, but they will always be anonymized).

3. After answering the questions, you will proceed to calibrate your view, for which you will have previously been asked for permission to activate your camera. This calibration will serve to know at which points on the screen the user looks during the study.

4. Once the calibration has been carried out, the user must view an audiovisual content until the end. Decoditive will analyze using artificial intelligence your emotions and at what points on the screen you have been looking at at all times, in order to know, among other things, which parts you liked more or less, and especially why.

This process is automatic, very intuitive and easy to carry out, and is perfectly explained in these terms, in the different Platforms of Decoditive, but in case of any doubt you can write to ask without any problem to contact@decoditive.com.

Decoditive does not share any personal data with third parties, such as names, emails or recordings. All information extracted from users remains anonymized as long as they feel completely protected.

3. Parties to the Terms of Use

3.1. These Terms of Use set out the terms and conditions agreed between us, SzuperChess j.d.o.o. (a company registered in Croatia with the number of OIB 88933696339, with registered office at Radnicka Cesta 20, 10000, Zagreb, Croatia ("Decoditive", "organizers", "we", "us" or "our" as applicable) and who is the person who uses our website or who has registered with us through our website through our website, and you are the person who uses our website or who has registered with us through our website through our website, or each third party person registered in one of our studies ("user", "users", "user", "users", "you" or "your" as applicable).

4. Changes to the Terms of Use

4.1. We reserve the right to make changes to the Terms of Use at any time. We will use reasonable efforts to ensure that any significant changes to the Terms of Use will be notified to you by an appropriate method (for example, by email or through a notice on the Website). However, it remains your responsibility to check the Terms of Use from time to time to ensure that you agree to them, and your continued use of the Website will be deemed to be your acceptance of any changes we may make.

5. Access to the Website and content

5.1. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw, suspend or modify any aspect or feature of the website without prior notice. If the need arises, we may suspend access to parts of our website or the entire website for maintenance purposes. We will not be liable if, for any reason, our website is unavailable at any time or for any period.

5.2. From time to time, we may restrict access to some parts of our website to users who have registered with us.

5.3. If you choose, or are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential and must not disclose it to third parties.

5.4. We have the right to deactivate any user identification code or password, whether chosen by you or assigned by us, at any time, if in our opinion you have breached any of the provisions of the Terms of Use.

5.5. You are solely responsible for making all arrangements necessary for you to have access to the Website. We will not be liable for any losses caused to you by the Internet or any telecommunications service provider you have engaged to access the Website.

5.6. You are also responsible for ensuring that all persons accessing our website through your internet connection are aware of the Terms of Use and that they comply with them.

5.7. We may, in our absolute discretion, change the content of our website at any time.

5.8. We cannot guarantee that our website is compatible with any hardware or software that may be used by you when visiting our website.

5.9. If you wish to report an error or have any questions, please contact us at: contact@decoditive.com

6. Use of the Website

6.1. You will use the Website only for legal proposals.

6.2. You will use the Website for your own personal, non-commercial use only and you will not be permitted to reproduce the Website or any part thereof in any form without our express consent.

6.3. You must not:

(a) attempt to gain unauthorized access to the Website, the server on which it is stored or any server, computer or database connected to our Website;

(b) you must not attack our website through a denial-of-service attack or a distributed denial-of-service attack; And

(c) make improper use of the Website by knowingly introducing viruses, Trojan horses, logic bombs, time bombs, keyloggers, spyware, adware or any other harmful material designed to adversely affect the operation of any computer software or hardware.

6.4. By breaching any provision of clause 5.3, you may commit an offence. We may report any breach to the relevant law enforcement authorities and will cooperate with those authorities by disposing of information about you to them. In case of non-compliance, your right to use our website will cease immediately.

6.5. You will not use the Website:

(a) in any manner that violates any applicable local, national or international law or regulation;

(b) in any way that is illegal or fraudulent, or has any illegal or fraudulent purpose or effect.

(c) for any purpose that is or may be considered harmful, threatening, defamatory, libelous, abusive, vulgar, obscene, hateful, racist, sexist, discriminatory or that may be typified or objectionable;

(d) for the purpose of harming, threatening or attempting to harm or threaten minors in any way; nor

(e) transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);

(f) "harass" or otherwise harass another;

(g) impersonate any person or entity, including, but not limited to, representative of Decoditive, or falsely state or misrepresent your affiliation with a person or entity;

(h) falsify headers or manipulate identifiers in order to conceal the origin of any content transmitted through the Website;

(i) disrupt the normal flow of dialogue or otherwise act in a manner that adversely affects the ability of other users to engage in real-time exchanges;

(j) collect or store personal data about other users of our website in connection with conduct and activities prohibited by these Terms of Use.

6.6. You shall not interfere, damage or interrupt:

(a) any section of our website;

(b) any network on which our website is stored; Or

(c) any software used in the provision of our Website.

6.7. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or your download of any material posted on it, or on any website linked to it.

7. Account Registration, Opening and Maintenance

7.1. By registering with us, you will open an account("Account")with us.

7.2. When registering and opening an Account with us, you are asked to enter a valid email and choose your own password. We may also request to write your name. You must ensure that this data is kept private, as you are responsible for all activity performed with your Account (where the correct security information has been provided). If you lose, or forget, your email and/or password, or if you believe that a third party is aware of them, you should contact us immediately so that you can be assigned new security data. These new details will be sent to you by email.

7.3. If another person accesses your Account, you are solely responsible for all of your actions, whether or not your access has been authorized by you and you hereby indemnify us and hold us harmless from all costs, claims, expenses and damages arising in connection with the use or access to your Account by third parties.

8. Our Products and Services

General access to the Website, our products and services

8.1. All users of the Website will have full access to the studies tab, where they can register for each of them.

8.2. We will allow you access to the Website and our products and services as we deem appropriate and reserve the right to increase or decrease such access in our sole discretion.

Using the Website without Opening an Account

8.3. You may access limited sections of the Website and a limited number of our products and services without opening an Account. You will not be able to register for any of our studios without having opened an account.

Accessing the website after opening an account

8.4. After registering with us and therefore opening an Account, you will be able to access more sections of the Website and have greater use of our products and services. You can register in as many studies as you want by paying the corresponding fee. When the study you've paid for takes place, you'll be able to use our AI-based software and have full access to the study information.

9. Register for our studies

9.1. Each user will have to fill in a form, where we will ask for some personal data. We may even request your ID or a recent photo of you. This data will be processed in accordance with the GDPR regulations. You can learn more about this in our Privacy Policy.

9.2. Each user will have to pay a fee to register for each study. The amount of the fee may be different for each study.

9.3. Each user may pay the fees for the registration of other users. It will have to be reflected in the payment form, where the buyer will have to enter some data of these other users, so that the Decoditive team can know who is/are the users who have registered in the study. The buyer is solely responsible for the money paid to buy his record and that of others.

9.4. By registering for each study, each user agrees that the Decoditive team, its partners and/or subcontractors, employees, will make the final decisions following the rules for each study. Each user will fully accept the final decisions.

9.5. By registering for each study, each user (the buyer or those who have purchased a ticket through a third party) accepts these Terms and Conditions, our Privacy Policy, the Cookies Policy and the rules, information and instructions provided for each study. These rules, information and instructions will be displayed on our website for each study.

10. Cancellation of the study

10.1. In the event that the study is cancelled for any reason, users who have paid to participate in it will have the opportunity to participate in another next study. In case the registration fee to participate in the next study chosen by the user is higher than the one already paid, the user will have to pay the difference using some of the methods written in section 9.

11. Participation in studies

11.1. The information related to participation in the studies and the steps to follow will be detailed on the Website.

11.2. You agree that our team, partners or collaborators will be responsible for making decisions in case there is any kind of problem.

11.3. You are responsible for reading the information regarding the study, the rules and the steps to follow. We are not responsible for misunderstandings regarding the rules and/or any information related to the study. If you do not understand any points, you can let us know, so that we can provide an explanation. After you have paid for enrollment in the study, you agree to all rules and information provided in this regard, as well as these Terms and Conditions, Privacy Policy and Cookies Policy.

11.4. By registering and/or participating in any of our studies, each user accepts that they will be asked personal questions, which they must answer in order to participate in the study that will help the company to be able to filter the final results in a better way. This data will always be shared with the Decoditive customer anonymously.

In the same way, the user accepts that, he will be asked for access to his camera, through which Decoditive will perform a calibration of his gaze inside the screen by artificial intelligence, and later a follow-up of this along with an analysis of his emotions by the study of his facial expressions, while watching a certain audiovisual content on the screen.

11.5. By registering and/or participating in any of our studies, each user fully accepts these Terms and Conditions, Privacy Policy and Cookies Policy and the rules, information and instructions for each study.

12. Revocation of Access to the Website and Termination of the Account

12.1. We reserve the right to revoke your access to the Website and our products and services, as well as to close your Account and cancel any associated email addresses("Termination of your Account") at any time in our sole discretion.

12.2. The grounds for revocation of access to the Website, our products and services and termination of your Account shall include, but shall not be limited to:

(a) breaches of any provision of the Terms of Use;

(b) a request from you to cancel your Account;

(c) interruption or material modification of the Website or our products and services (or any part thereof);

(d) unexpected technical or security problems or problems related to the Website;

(e) prolonged periods of inactivity;

(f) non-payment of Fees to participate in studies;

(g) cheating in our studies;

(h) have previously cheated or prohibited cheating on any offline website or study;

(i) have been disrespectful to any other user or member of Decoditive;

(j) your participation in fraudulent or illegal activities; And

(k) requests for information from us by law enforcement and other agencies, including law enforcement, regarding the investigation of fraud, money laundering problems or other crimes or behavior or actions (other than a criminal offense) related to you and/or your use of the Website, our products and services.

12.3. If you have opened an Account with us, you may close your Account at any time. You must indicate your desire to close your Account in writing by email to contact@decoditive.com.

13. Consequences of the cancellation of your Account and the revocation of access to the Website

13.1. You agree that we will not be liable to you or any third party for any termination of your Account or revocation or limitation of access to the Website, our products and services and for any termination of any email address associated with your Account.

13.2. Revocation of access to the Website and Termination of your Account may include revocation of access to the Website, removal of access to any offer, product or service we deem appropriate, deletion of your password and all related information, deletion and/or deletion of files and content associated with or within your Account (or any part thereof) and failure of further use by you of the Website, our products and services.

14. Information we collect about you

14.1. It is your responsibility to ensure that your Account details and personal information are kept up to date. We reserve the right to suspend or terminate your Account if this information, including your email and password, is deemed offensive or inappropriate.

14.2. We process and use information about you in accordance with our Privacy Policy, which forms part of these Terms of Use and contains details about the types of information we collect and what we do with it.

14.3. We have the right to share the information we hold about you, including personal data and use of the Website, with law enforcement and other bodies, including the police, for the purpose of investigating fraud or money laundering issues and fulfilling our obligations.

15. No Warranty and Disclaimer

15.1. We will endeavour to provide the Website, our products and services using our reasonable care and skill. We make no other warranties or representations, either express or implied, in relation to the Website, our products and services. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are excluded to the fullest extent permitted by law.

15.2. We do not warrant or represent that the Website and its content will meet your requirements or be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or errors or represents the full functionality, accuracy, reliability of the materials or as to the results or accuracy of any information obtained by you to through the Website.

15.3. Section 19.2. it also applies to our AI-based system and the studies organized by us.

15.4. No advice or information, whether oral or written, obtained by you from or through the Website or our products and services shall create any warranty.

15.5. You expressly understand and agree that your use of the Website, our products and services is at your own risk. These are provided on an "as is" and "as available" basis. Decoditive and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

15.6. A small percentage of users may experience epileptic seizures when exposed to certain patterns of light or backgrounds on a computer screen or while using the service. Certain conditions can induce previously undetected epileptic symptoms even in users who have no history of previous seizures or epilepsy. If you, or anyone in your family, has an epileptic condition, consult your doctor before using our website, products and services. Immediately discontinue use of the Website, our products and services and consult your physician if you experience any of the following symptoms while using the Service: dizziness, impaired vision, eye or muscle spasms, loss of consciousness, disorientation, any involuntary movement or seizures. You expressly agree and understand that we are not responsible for any conditions that you or anyone using your Account or accessing the Website through your Internet connection may suffer as a result of accessing our Website, our products and services.

16. Reliance on material and information posted on our website

16.1. The material displayed on our website and in our products and services is provided without any warranty, condition or guarantee as to its accuracy.

16. 2. Comments and other materials posted by us on our website are not intended to be advice to be trusted. We therefore disclaim all liability arising from:

(a) any reliance placed on any advertising material by you or any visitor to our website, or by any person who may be informed of any of its contents; or

(b) any reliance placed on any form of advice offered by any of our employees, officers, agents or independent contractors who provide services to us.

17. Interactive services

However, we have no obligation to monitor, monitor or moderate any interactive service we provide on our website, and expressly disclaim any liability for any loss or damage arising from a user’s use of any interactive service in contravention of our Terms of Use, whether the service is moderated or not.

17. 3. A child’s use of any of our interactive services is subject to the consent of their parents or guardians. We advise parents who allow their children to use an interactive service that it is important to communicate with their children about their online safety, as moderation is not a test of fools. Children who use any interactive service or participate in our studies should be aware of the potential risks to them.

17. 4. When we moderate an interactive service, we will usually provide you with a means to contact the moderator, should you have any concerns or difficulties arise.

18. Content rules

18. 1. These Content Policies (the “Content Policies”) apply to all material that you contribute to our website (“Contribution (s) “), and any interactive services associated with it. It must comply with the spirit of the following rules, as well as with the charter. The Content Rules apply to each part of any Submissions, as well as to their entirety.

18. 2. Contributions should:

(a) be accurate (when they state facts);

(b) be genuinely celebrated (when giving opinions); and

(c) comply with the applicable legislation in Croatia and in any country from which they are published.

18. 3. Contributions should not:

(a) contain any material that is defamatory of any person.

(b) contain any material that is obscene, offensive, odious or inflammatory.

(c) promote sexually explicit material.

(d) Promoting violence.

(e) promote discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age.

(f) infringe any copyright, database right or trademark of any other person.

(g) be prone to deceive any person.

19. Downloads and streaming

19.1. For some of our products and services offered through our website, you may need to download software to use them and we will grant you the license (or sub-license to you, to the extent the software is owned by a third party).

19. 2. Downloads may involve placing files and installation software on your computer’s hard drive. Convenient locations for storing the software may be suggested during the download and installation procedure, but it is your responsibility to store the software in accordance with the exact nature and configuration of your individual computer. We will not be liable for improper storage of software in files/folders where it may interfere with your computer’s startup, execution and third party software procedures.

19. 3. We may ask you to have some free space on your computer to store some recordings, which will be transferred to our servers later.

19. 4. You should not:

(a) interfere with, modify or reverse-engineer any software provided to you by us and/or any third party, except as permitted by law; or

(b) copy or use any software, without our written consent from our software providers or third parties.

19. 5. Any material downloaded or otherwise obtained through the use of our website is at your own discretion and risk and you will be solely responsible for any damage to your computer system or any loss of data resulting from the downloading of such material.

19. 6. For some of our products and services offered through our website, you may need to transmit video, audio and other content to your computer. Any material transmitted or viewed or heard through the use of our website is at your own discretion and risk and you will be solely responsible for any damage to your computer system or any loss of data resulting from viewing, listening to or otherwise accessing such material.

20. Upload materials to our website

20. 1. Whenever you make use of a feature that allows you to make a Contribution or upload material to our Website, or to contact other users of our Website, you must comply with the Content Rules (set out in clause 22) and with all provisions of the Terms of Use with respect to your use of the Website, our products and services.

20. 2. You warrant that any Submissions that do not comply with the Content Rules will be a breach of these Terms of Use and that you will indemnify us for any breach of such warranty and for any consequences arising therefrom.

20. 3. Any Contribution or other material uploaded to our Website will be deemed non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material for any purpose. By uploading any Contribution or other material to our Website, you are automatically deemed to have granted us a license to use and sub-license the same as we deem appropriate, including for commercial purposes.

20. 4. We also have the right to disclose information about you to any third party who claims that any material posted or uploaded by you to our website violates your intellectual property rights, or your right to privacy.

20. 5. We will not be liable to third parties for the content or accuracy of materials posted by you or any other user of our website. You agree that, while we may adjust the format of any uploads you make to optimize viewing, you will remain liable for any infringement of intellectual property rights remaining in the posted material and will indemnify us against any infringement of intellectual property rights remaining in the posted material.

20. 6. You agree to inform us immediately of any claim or action against you for any Contribution act performed by you or any material uploaded by you to our Website or by any other action performed by you on or through our Website.

20. 7. If anyone makes a claim against us in connection with their Contributions, uploaded material, acts, content or information posted on or through our Website, you will indemnify and hold us harmless for all damages, losses and expenses of any kind (including reasonable legal fees and costs) in connection with such a claim. You agree that lack of knowledge as to whether intellectual property subsists in the material you post is not a defence against liability.

20. 8. We have the right (but are not required to) remove any Contribution, material or posting you make on our Website if, in our opinion, such material does not comply with the Content Rules (set out in clause 22) and with all provisions of the Terms of Use with respect to your use of the Website, our products and services.

21. Links from our website

21. 1. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of these sites or resources, and do not accept any responsibility for them or for any loss or damage that may arise from your use of them or your use of any information that they may acquire about you (including personal data).

21. 2. A link to our website does not constitute an endorsement by us of the use of that link, of the company or organization behind that link, or of the content of the site reached through that link.

22. Link to our website

22. 1. You may link to our Website, provided you do so in a fair and lawful manner and does not damage or take advantage of our reputation, but you must not link in such a way as to suggest any form of association, endorsement or endorsement by us where it does not exist.

22. 2. Our website should not be framed anywhere else without our prior consent. We reserve the right to withdraw the link permit without our express written consent[1]. The website from which you are linking must comply in all respects with the Content Rules (set out in Clause 22) and with all provisions of the Terms of Use relating to the use of the Website, our products and services.

23. Intellectual property rights

23. 1. “Decoditive” is a trademark of SzuperChess j. d. o. o.

23. 2. You acknowledge and agree that all intellectual property rights in our Website, its contents (including any software), the content posted on it and our products and services shall remain at all times our property or our licensors. These intellectual property rights include, without limitation, copyrights, trademarks, the underlying software, the design, graphics, design, appearance and structure of our website, our products and services, database rights, design rights, domain names and rights of goodwill and/or suit for passage. You are permitted to use this material and content only as expressly authorized by us or our licensors.

23. 3. You acknowledge and agree that the material and content contained on our Website and our products and services are available only for your personal, non-commercial use and that you may download such material and content only on one computer hard drive. Any other use of such material and content is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit, manipulate or create derivative works of such material and content (and agree not to assist or facilitate third parties).

23. 4. You may print a copy and download extracts from any page of our website for your personal reference and may draw the attention of others to material posted on our website. You must not modify hard copy or digital copies of any material you have printed or downloaded in any way, and you must not use illustrations, photographs, video or audio sequences or graphics separately from any accompanying text. Our status (and that of any identified contributors) as authors of material on our website must always be acknowledged.

23. 5. If you print, copy or download any part of our website in violation of these Terms of Use, your right to use our website shall cease immediately and you shall, at our option, return or destroy any copy of the materials you have made.

24. Technological failures

24. 1. We are not responsible for any consequences resulting from the unavailability of the Website and our products or services for any reason or because you are disconnected from the Website as a result of computer failures, telecommunication service failures or Internet connections or as a result of any other technological failure.

25. Non-compliance with the Terms of Use

25. 1. You agree to indemnify, defend and hold us, and our officers, directors, partners, employees, agents, suppliers, harmless immediately upon request, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising from any breach of the Terms of Use by you or any other liability arising from your access to and use of the S Website (or by any other person who uses your Account or accesses the Website and the products of your Website and its services (or by any other person who uses your Account or accesses the Website and the Products through your internet services).

26. Limitation of Liability

26.1. You agree that your use of the Website is at your own risk.

26.2. Our maximum liability to you arising out of the Terms of Use, whether for breach of contract, tort (including negligence), or otherwise be limited to refund fees in the event that any study is cancelled.

26.3. We will not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise arising out of:

(a) business interruption, loss of profits, revenue, business, data, opportunities, business information or goodwill; (b) loss of management or office time;

(b) loss of reputation; Or

(c) indirect or consequential loss, arising out of, or in connection with, these Terms of Use, even if such losses are foreseeable or if we have been notified by you of the possibility of such losses.

26.4. We will not be liable to you for any loss of content or material uploaded or transmitted through the Website and you confirm that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Website.

26.5. We will not be liable for any breach of the Terms of Use if such breach is caused by a matter beyond our reasonable control, including acts of God, Internet failures, computer equipment failures, cheaters, telecommunications equipment or other equipment failures, power failures, fires, lightning, explosion, war, floods, industrial disputes, sabotage, serious weather conditions, or acts of local or central government or other competent authorities.

27. Fraud

27.1. We reserve the right to seek criminal and contractual sanctions against you if you are involved in fraud, dishonest or criminal acts and will make such reports as necessary to the authorities.

27.2. You shall indemnify us and be liable to pay us, upon request, all costs, charges or losses suffered or incurred by us (including any direct, indirect or consequential loss, loss of profits and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.

28. Disputes

28.1. If you wish to make an enquiry or complaint regarding the Website, our products or services, as a first step you should contact us at: contact@decoditive.com or +34 686 12 22 03 (telephone number).

28.2. If, after you have dealt with a Member of Decoditive, your inquiry or complaint is not resolved, you may request that the inquiry/complaint be escalated to a manager or supervisor. Our manager/supervisor will examine your inquiry/complaint in more detail and contact you as soon as possible. You will be given the name and status of the person to whom your inquiry/complaint has been referred.

29. General

29.1. Entire Agreement. These Terms of Use and any documents expressly referred to therein and any guidelines or rules posted on our website constitute the entire agreement and understanding between you and us relating to the subject matter of the Terms of Use and supersede any prior agreements, understandings or agreements between us, whether oral or written. You acknowledge and agree that by accepting these Terms of Use you do not rely on, and will have no recourse with respect to, any representation, warranty, understanding, promise or warranty (whether negligent or innocently made) of any person other than as expressly set forth in these Terms of Use. Nothing in this clause shall work to limit or exclude any liability for fraud, fraudulent misrepresentation or negligentness. You are responsible for reading the Terms of Use and contacting us in case of questions. We are not responsible for any kind of misunderstanding regarding them.

29.2. Waiver. No delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms of Use or by law shall be deemed or construed as a waiver thereof. Similarly, any sole or partial exercise or performance of such right, power, privilege, claim or remedy, shall not prevent any further exercise of any of the same or the exercise of any other right, other right, power, privilege, claim or remedy.

29.3. Assignment, Transfer, etc. You may not assign, transfer, collect, license, sub-license or otherwise treat your rights and/or obligations under the Terms of Use without our prior written consent. We have the right to assign, transfer, collect or otherwise treat our rights under these Terms of Use as we see fit.

29.4. Severability. If any of the Terms of Use is determined by any court, administrative body or other competent authority to be invalid, illegal or unenforceable to any extent, such term, condition or provision shall be to that extent separated from the remaining Terms and Conditions which shall remain valid to the fullest extent permitted by law.

29.5. Notices. Any notice given or made under these Terms of Use shall be in writing and shall be delivered as follows:

(a) Notices will be sent to you by email to the appropriate email address provided by you when opening an Account with us.

(b)(i) to (iv) inclusive.

(b) If you have not opened an Account with us, you will be notified:

(i) by email to any email address you have used to communicate with us,

(ii) by phone number you have used to communicate with us, or

(iii) by Facebook, WhatsApp or any other social media platform you have used to communicate with us (iv) by any other third party who has paid for your study registration or who is related to the study or who is related to the study or who is related to the study or who is related to your study registration or who is related to the study or who is related to the study or who is related to it in any way.

(c) Notices to us will be sent by email to: contact@decoditive.com or to the registered address of SzuperChess j.d.o.o. at Radnicka cesta 20, 10000, Zagreb, Croatia.

(d) You are responsible for checking your email, including the Spam folder and the like, as our notifications may be redirected to these folders. In the event that we send you a notification, you are responsible for reading it. We are not responsible for any misunderstanding regarding this point, or if you do not read our notice.

29.6. Rights of Third Parties. Unless expressly stated, nothing in the Terms of Use shall create or grant any rights or any other benefits, whether pursuant to the Contracts in English (Third Party Rights) Act 1999 or in favour of any person other than you and us.

29.7. No association, Agency, etc. Nothing in the Terms of Use shall be construed as creating any agency, partnership or any other form of joint venture between you and us or to authorize you to act as an agent for the other and neither you nor we shall have authority to act on behalf of or on behalf of or otherwise to bind the other in any way.

29.8. Force majeure. Neither you nor we shall be liable to the other with respect to anything that, other than this provision, may constitute a breach of these Terms of Use arising out of force majeure, namely circumstances beyond your or our control that will include (but shall not be limited to) acts of God, terrorism, sea or air hazards, fires, floods, droughts, explosions, embargo, riots, labor strikes, civil commotion or civil authority, including acts of local government and parliamentary authority, terrorist attacks, global computer viruses affecting the spine.

29.9. Applicable Law and Jurisdiction. The validity, construction and execution of these Terms of Use (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the laws of Croatia. You and we irrevocably submit to the exclusive jurisdiction of the courts of Croatia over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.

30. Legal

30.1. Prizes and personal income for services. Users agree to deal with personal income tax laws and regulations in their country of residence or under specific jurisdiction. Decoditive and its affiliates, officers, directors, partners and employees, shall have no liability arising from the non-compliance by users with the tax laws and regulations of the application.

30.2. User Age Restrictions. All users of the studies must meet the specific age requirements for the use of Decoditive services under the laws and regulations of their country of residence or under specific jurisdiction. Users should note that the regulation of age restriction may vary from one territory to one territory. While Decoditive is committed to equal opportunities and treatment of all users of its services, failure to comply with the applicable regulations in your country of residence or under specific jurisdiction will be considered a violation of the Terms of Use.

To meet specific age requirements, users must be able to enter into contracts and transactions on their own behalf under the laws and regulations of their country of residence or under specific jurisdiction. The specific age requirement may also apply to users who conduct financial transactions under the laws. In some countries, the age threshold for entering into contracts and/or transactions is 18 years of age as the time to enter into contracts and/or transactions. By giving consent, the user acknowledges that he has knowledge and complies with the specific requirements derived from the national and international legislation on age restriction to which he is subject. The user warrants and represents to Decoditive that he is authorized to use its services under applicable laws and regulations.

The laws and regulations of some territories prescribe that users who do not meet the age threshold under the applicable regulation may still register to use the Services and create a Decoditive user account provided parental consent is obtained. In such cases, users should seek parental consent. Users should note that specific age requirements may apply for the use of Decoditive services depending on the jurisdiction or the specific laws and regulations of their country of residence. By giving their consent, users agree that they are aware of and comply with such specific requirements arising from the national and international legislation on age restriction to which they are subject. We are not responsible for any kind of misunderstanding related to the user's age restrictions.