TERMS AND CONDITIONS

Last updated: February 28, 2025

AGREEMENT TO OUR LEGAL TERMS

I am Raul Batista, creator of Partyvity and I operate the mobile application Partyvity (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact me via email at dev.raulbatista@gmail.com.

These Legal Terms constitute a legally binding agreement made between you—whether personally or on behalf of an entity (“you”)—and Raul Batista, concerning your access to and use of the Services. You agree that by accessing the Services you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after revised Legal Terms are posted means you have accepted those changes.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms before using the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. MOBILE APPLICATION LICENSE
9. THIRD-PARTY WEBSITES AND CONTENT
10. ADVERTISERS
11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS
15. GOVERNING LAW
16. DISPUTE RESOLUTION
17. CORRECTIONS
18. DISCLAIMER
19. LIMITATIONS OF LIABILITY
20. INDEMNIFICATION
21. USER DATA
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23. CALIFORNIA USERS AND RESIDENTS
24. MISCELLANEOUS
25. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject us to any registration requirement. If you choose to access the Services from other locations, you do so on your own initiative and are solely responsible for complying with local laws.

The Services are not tailored to comply with industry-specific regulations (such as HIPAA or FISMA); accordingly, if your interactions would be subject to such laws, you may not use the Services. You also may not use the Services in a way that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos (the “Marks”).

Our Content and Marks are protected by copyright, trademark laws, and various other intellectual property rights and treaties worldwide. They are provided “AS IS” for your personal, non-commercial use or internal business purposes only.

Your Use of Our Services

Subject to your compliance with these Legal Terms (including the “PROHIBITED ACTIVITIES” section below), we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have proper access, solely for personal, non-commercial or internal business use.

Except as expressly permitted, no part of the Services, Content, or Marks may be reproduced or exploited for commercial purposes without our prior written permission. Requests for such use should be sent to dev.raulbatista@gmail.com.

Any breach of these intellectual property rights will constitute a material breach of these Legal Terms and may result in immediate termination of your right to use the Services.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and update it as necessary;
3. You have the legal capacity to agree to these Legal Terms;
4. You are not a minor in your jurisdiction, or if you are, that you have obtained parental permission;
5. You will not access the Services through automated or non-human means (e.g., bots or scripts);
6. You will not use the Services for any illegal or unauthorized purpose;
7. Your use of the Services will not violate any applicable laws or regulations.

If any information you provide is untrue or incomplete, we may suspend or terminate your account and access to the Services.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account. We reserve the right to remove or change any username we deem inappropriate, obscene, or objectionable.

5. PROHIBITED ACTIVITIES

You may only use the Services for the purpose for which they are provided. The Services may not be used for any commercial endeavors unless specifically approved by us. As a user, you agree not to:

• Systematically retrieve data or content to compile a database or directory without our written permission;
• Trick, defraud, or mislead us or other users, including attempts to obtain sensitive information;
• Circumvent, disable, or interfere with any security features of the Services;
• Disparage, tarnish, or otherwise harm our reputation or the Services;
• Use any information from the Services to harass, abuse, or harm another person;
• Misuse our support services or submit false reports;
• Use the Services in violation of any applicable laws or regulations;
• Engage in unauthorized framing or linking to the Services;
• Upload or transmit viruses, Trojan horses, spam, or other harmful materials;
• Use automated tools (such as scripts or data mining tools) to interact with the Services;
• Remove any copyright or proprietary notices from the Content.

6. USER GENERATED CONTRIBUTIONS

By submitting any content (questions, comments, suggestions, feedback, etc.—collectively, “Submissions”) to us, you assign all intellectual property rights in your Submission to us. We will own and may use your Submission for any lawful purpose without acknowledgment or compensation. You are solely responsible for your Submissions and agree to indemnify us for any losses resulting from your breach of these terms.

7. CONTRIBUTION LICENSE

[Section outlining the license you grant us for any content you contribute.]

8. MOBILE APPLICATION LICENSE

[Section outlining any additional license terms specific to the use of the Partyvity app.]

9. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites (“Third-Party Websites”) and content (“Third-Party Content”) that are not under our control. We do not monitor or guarantee the accuracy or appropriateness of such content. If you access any Third-Party Website or use Third-Party Content, you do so at your own risk and these Legal Terms will no longer apply. We recommend reviewing the terms and privacy policies of any third-party site you visit.

10. ADVERTISERS

We allow advertisers to display advertisements on the Services (e.g., in sidebars or banners). We simply provide the space and have no further relationship with the advertisers.

11. SERVICES MANAGEMENT

We reserve the right (but are not obligated) to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action, including reporting violations to law enforcement;
• Restrict or disable your access to parts of the Services if necessary;
• Remove or disable content that is excessively large or burdensome to our systems; and
• Manage the Services to protect our rights and ensure their proper functioning.

12. PRIVACY POLICY

Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference.

13. TERM AND TERMINATION

[Details regarding the duration of these Legal Terms and conditions under which your access may be terminated.]

14. MODIFICATIONS AND INTERRUPTIONS

[Details regarding our right to modify or temporarily interrupt the Services.]

15. GOVERNING LAW

[Details about which jurisdiction’s laws govern these Legal Terms.]

16. DISPUTE RESOLUTION

Informal Negotiations: The Parties agree to attempt to resolve any dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration: Any dispute shall be resolved by a single arbitrator chosen in accordance with the rules of the European Court of Arbitration. The arbitration will take place in Brno, Czechia, and the proceedings will be conducted in Czech.

17. CORRECTIONS

[Details regarding the correction of errors in these Legal Terms or the Services.]

18. DISCLAIMER

[Disclaimer language regarding the Services provided “as is” without warranties.]

19. LIMITATIONS OF LIABILITY

[Limitations on our liability for any damages arising from your use of the Services.]

20. INDEMNIFICATION

[Your agreement to indemnify us against any losses arising from your use of the Services.]

21. USER DATA

[Details regarding the collection, use, and protection of user data.]

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

[Details regarding the use of electronic communications and signatures.]

23. CALIFORNIA USERS AND RESIDENTS

[Special provisions applicable to users in California.]

24. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted on the Services, constitute the entire agreement between you and us. Our failure to enforce any right shall not be deemed a waiver. If any provision is found to be unenforceable, the remaining provisions will continue in full force and effect. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms. You agree that these Legal Terms will not be construed against us simply because we drafted them, and you waive any defenses based on the electronic form or lack of a handwritten signature.

25. CONTACT US

If you have any complaints or need further information about the Services, please contact us at:

Raul Batista
Email: dev.raulbatista@gmail.com