1. INTRODUCTORY INFORMATION

1.1. The operator of the Application and the owner of all rights is the company CodeStory s. r. about. with registered office: Pribišova 15, Bratislava, 841 05, IČO: 52 000 273, registered in the Commercial Register of the District Court Bratislava 1, section: sro, file number: 132117 / B.

1.2. By acceding to these General Terms and Conditions (hereinafter referred to as the “GTC”), you agree to these GTC and all related Contractual Documents.

2. EXPLANATIONS AND DEFINITIONS

2.1. Application means a comprehensive software solution designed especially for mobile and computer operating systems, which has the functions of remote communication between Terminals and other related functions of the Application; mobile operating system currently means Android OS.

2.2. The functions of the Application are understood as mainly technological capabilities of the Application, which allow the Terminal to receive, transmit and process information about the status of another Terminal connected to the implementation of technological capabilities of the Application (so-called paired device), further technological capabilities of the Application that allow the terminal to communicate with the GSM network , Data network internet, technological capabilities Applications that allow the Terminal to receive and process orders from the User or any other entity capable of creating and subsequently processing these instructions Application and technological capabilities Applications capable of identifying and informing about physical changes recorded by mobile phone hardware modules paired device.

2.3. Terminal equipment means in particular a telecommunications equipment or its technical part (eg mobile phone, tablet, computer), which enables communication with other Terminal Equipment and is intended for direct or indirect connection to Network Terminals, and telecommunications equipment intended for transmission, transmission , routing, reception, interconnection or processing of signals and information in the form of images, sound or data via lines, radio, optical or other electromagnetic means, as well as associated means.

2.4. Associated resources means technical facilities and other equipment associated with a network that enable or support the provision of services through that network or service.

2.5. The first terminal device (Mobile No. 1) means a terminal device intended in particular for entering, processing and sending commands of the Second Terminal Device and processing data delivered from the Second Terminal Device; it is basically a mobile phone that the User uses on a daily basis.

2.6. User means a natural or legal person who has entered into an Application Use Agreement; The User is also considered to be a person who has not concluded the Application Agreement, but the Application was handed over to him by the person who concluded this Agreement, even if the Application has been transferred several times in a row.

2.5 Second Terminal Equipment (Mobile No. 2) means a Terminal Equipment designed mainly for processing and sending information to the First Terminal Equipment and processing data delivered from the First Terminal Equipment; in principle, it is an unused mobile phone, which the User will use as an „alarm module“.

2.6 Alarm message means the processing of the order sent by Mobile no. 2 to Mobile no. 1, the purpose of which is to evoke an acoustic and visual response from Mobile no. 1.

2.7 Control application means the Application intended for Mobil no. 1, which serves to enter commands intended for the Alarm application and to receive Alarm messages; in principle, it is a remote control of the Alarm application, which simultaneously issues acoustic and visual Alarm messages to the User.

2.8 Alarm application means an application intended for Mobile no. 2, which is used to indicate shocks and send the GPS position in which Mobile no. 2; it is basically an „alarm module“ that the User places, for example, in his vehicle.

2.9 Contractual documents mean in particular these GTC, the Conditions of Personal Data Processing, the Conditions of Use of the Application and individual Agreements on Collective Use of the Application.

2.10 The application use agreement means these GTC and all Contractual Documents.

3. CONTENT OF SERVICES AND SUBJECT OF THE CONTRACT

3.1 The Agreement on the use of the application is concluded by entering the e-mail address (e-mail) of the User in the designated area of ​​the Application and its processing in the form of clicking on the designated button within the Application.

3.2 The subject of the contract for the use of the application is in particular:

3.2.1 providing the Functions of the Application to its User,

3.2.2 creation and operation of the User’s account, which is used for processing data created by the Control and Alarm application, transfer of this data between Mobile no. 1 and Mobile no. 2 and recording of this data traffic, authentication of the User when logging in to the Application and pairing of the Control and Alarm application

3.2.3 Rights and obligations of the Contracting Parties and other contractual conditions.

3.3 The Application Operator provides the User with the Application for free use of the Application Functions. The functions of the Application are aimed at indicating physical changes recorded by the hardware modules that are part of Mobile no. 2. Records of physical changes are then sent to the Mobile Control Application no. 1, which processes these records, evaluates and in case of exceeding the range of data set by the User reports these physical changes to the User. Changes can also be reported to the User on the basis of individual initialization of data updating by the User (so-called refresh).

3.4 The User is notified that the Application processes and generates data such as:

3.4.1 records of shocks caused by the movement of the mobile gyroscope no. 2, the time of occurrence of shocks and the intensity of shocks,

3.4.2 GPS position in the case of the Alarm application (i.e. Mobile No. 2), GPS position current at the moment of updating the information about the status of Mobile No. 2 in the form of automatic renewal of this information or in the form of manual renewal by the User (so-called click of the refresh button in the Control Application) or in the form of notification of the current GPS position at the time of sending the Alarm Report by the Alarm Application (i.e. Mobile No. 2) , enable GPS position processing in case of Alarm application,

3.4.3 settings selected by the User in the range: selected name of the Alarm application paired with the Control application, gyroscope sensitivity, frequency of the Control and Alarm application connection check, GPS position update frequency, selection of GPS position sending option in Alarm message,

3.4.4 updating of all data according to points 3.2.1, 3.2.2 and 3.2.3, transmission of all data on recorded shocks, GPS position, battery status of Mobile no. 2 and data on connection control between Mobile no. 1 and Mobile no. 2 to the Control Application,

3.4.5 other personal data specified in the Tracklock Personal Data Processing Conditions.

4. RIGHTS AND OBLIGATIONS

4.1 The User is entitled to use all the Functions of the Application that fall within the scope of the functions provided free of charge. Currently, all provided Application Features fall within the scope of free features and the Application Operator does not provide any paid program for the use of the Application.

4.2 By concluding the Application Agreement, the Application Operator grants the User a limited, non-transferable and non-exclusive license to use the Application. The User is not entitled to use the Application for commercial purposes, in the performance of his business or the performance of the business of a third party, to provide the Application to third parties under his name.

4.3 When using the Application, the User is obliged to proceed in such a way that there is no unauthorized access to his account by a person who is not authorized to do so. He is also obliged to take all measures to prevent the leakage of login data, passwords, and access to the authentication tools used by the Application. In the event of a breach of these obligations, the User is liable for the damage caused to the Application Operator and third parties.

4.4 The User is entitled to cancel his account and terminate the use of the Application at any time. The Application Operator is entitled to cancel or limit the provision of the Application Functions or the Application itself to any extent, but especially if the User violates these provisions of the Contract Documents, infringes the Application Operator’s copyright, does not communicate in accordance with good morals and fair trading principles. By canceling the account, this Agreement terminates and all data created by the User or related to it are deleted, with the exception of the purposes of processing personal data, which require the processing of the User’s data even after the cancellation of the account.

4.5 The account will be canceled on the basis of a written request from the User to the e-mail address hello@codestory.sk. After this moment, all personal data of the User will be completely deleted.

4.6 Application, website www.tracklockapp.com, www.tracklockapp.cz and www.tracklockapp.sk including all visuals, graphics, source code, data and technological processes related to the operation of the Application are protected as unique results of the intellectual activity of the authors and their rights , which is carried by the Application Operator, including subsequent modifications and changes to the resulting copyright works.

4.7 The User is not entitled to change, delete, remove or in any other way interfere with any work against which the Application Operator exercises copyright and property rights.

5. LIMITATION OF LIABILITY

5.1 We are constantly making every effort to address the obstacles that arise without delay

5.2 However, the Application Operator is not responsible for:

5.2.1 availability of the mobile operator’s GSM network,

5.2.2 availability of any form of mobile operator ‚s data network (edge, LTE, 3G, 4G, 5G, etc.)

5.2.3 technical condition of Mobile no. 1 and Mobile no. 2 and the quality of the hardware devices and their components contained in these mobile devices,

5.2.4 the manner in which the User has set the range of individual settings of the Alarm Application in the Control Application,

5.2.5 settings of a mobile phone which is not part of the Application or which can be changed without the influence of the Application and for the fact that physical changes are processed by the Alarm Application and / or records of these changes are sent to the Control Application,

5.2.6 in the circumstances of objective and unavoidable technical obstacles or other facts causing the impossibility of providing services and for such failures. and their subsequent processing by the application.

5.3 We would like to emphasize to the user that the functionality and efficiency of the Application depends exclusively on the technical condition of the mobile device. If there is a damaged risk that physical changes such as e.g. shock of Mobile no. 2, which is located in the vehicle, will not be able to record through the Alarm application. As a result, there will be no Alarm message in the Control application in Mobile no. 1 that you have with you every day. The same situation can occur if you have a low-quality mobile phone or a mobile phone made up of cheaper components. Our tests revealed that some cheaper phones had trouble creating accurate GPS location records. However, other unpredictable situations may occur. Therefore, the Application Operator cannot be responsible for the technical condition of the User’s mobile devices.

5.4 The Application Operator reserves the right not to be liable for any damages or damages incurred as a result of interruption or termination of the provision of the Application Functions.

6. COMMUNICATION, NOTIFICATION AND DELIVERY

6.1 The Contracting Parties agree that in the case of delivery of mutual correspondence, delivery in accordance with these GTC means delivery of written content to the e-mail address hello@codestory.sk or by post or courier to the address of the Application Operator’s registered office.

6.2 The day of delivery shall also be deemed to be the day on which the Contracting Party refuses to accept the delivered document, or on the day of return of the consignment meaning. When documents are delivered electronically by e-mail, the document is considered delivered on the day following the day of its sending. For the purposes of delivery by post, the addresses of the Contracting Parties listed “in the Electronic Registration Form shall be used only unless the addressee of the documents has notified the sending Contracting Party of the new address or a new electronic address for the delivery of documents.

7. DISPUTE RESOLUTION AND JURISDICTION

7.1 The Contracting Parties agree that any disputes arising in connection with the fulfillment of obligations under the Agreement and the Music Production Agreement shall be settled out of court, preferably by negotiation or mutual agreement. In the event that the Contracting Parties do not resolve their mutual disputes out of court, the Contracting Parties are entitled to resolve these disputes in court in accordance with the applicable legislation of the Slovak Republic. The local jurisdiction of the court is given in accordance with Act no. 160/2015 Coll. Code of Civil Procedure, as amended.

8. COMMON PROVISIONS

8.1 The Application Operator reserves the right to change these GTC at any time during the term of the Agreement or the use of the Application. We will announce the change of the GTC via the Application or by a notice published on the website www.tracklockapp.com However, if there is a change in these GTC, we will invite you to accede to the new GTC. If you do not do so within 14 days of receiving this invitation, we will consider it to be your consent to the new provisions of the Agreement.

8.2 The Contracting Parties are always bound by the provisions of the GTC valid during the term of this Agreement.

8.3 If any provision of the GTC becomes invalid, ineffective, resp. unenforceable, the other provisions, without prejudice to this, shall remain in full force and effect. In such a case, the Application Operator will replace such provision with a valid, effective and enforceable provision that will differ as little as possible from the principles agreed in these GTC while maintaining the economic and legal purpose and meaning of the replaced provision. The Application Operator reserves the right to limit the provision of the Application Functions for the necessary period related to the course of repairs, modifications, maintenance, etc. By concluding the Agreement, the User waives any claims and compensations arising from this restriction.

Supervisory authority address:

SOI Inspectorate for the Bratislava Region

Bajkalská 21 / A, P. O. BOX no. 5

820 07 Bratislava

Supervision Department

ba@soi.sk

tel. no. 02/58 27 21 72, 02/58 27 21 04 fax no. 02/58 27 21 70

Version 1.0.2022

In Bratislava on June 12, 2022