Terms of use

Art. 1 General

• UVITY is an internet-based social business network that can be accessed via various internet addresses (in particular the uvity.com domain) and is operated by Uvity s.r.o., domiciled in Bratislava, Slovakia. In the following, the term UVITY refers to both the internet platform and the services and benefits offered via this platform respectively, and the platform operator, Uvity s.r.o..
• You may use UVITY and UVITY’s services and benefits respectively to a limited extent as a visitor without registration and to the relevant agreed extent after registration as a member (at Classic, Professional or Corporate membership level).
• These terms of use apply to both visitors and members.

Art. 2 Registration, membership, establishment of the contractual relationship

• By completing your registration as a user with UVITY, you expressly agree to these terms of use and the UVITY Privacy Policy including its information on the use of cookies.
• By completing your registration as a user with UVITY, you further accept the other membership conditions indicated and expressly stated as part of the registration process, in particular for the various levels of membership, i.e. Classic (free of charge), Professional (paid) and Corporate (paid), in particular the specific fees payable for paid memberships.
• By registering as a member, you make a binding offer to Uvity s.r.o. (Pribinova 4, 811 09 Bratislava – for further details please refer to the Legal Information) for establishing a legally binding contractual relationship according to these terms of use, the remaining contractual terms listed in this Art. 2 and above all the particularities of the membership level specifically chosen by you. This contractual relationship shall be established by UVITY accepting your offer and Uvity s.r.o. confirming your registration and activating your user account respectively. UVITY shall be free to reject or not accept respectively a user’s offer.
• By registering you confirm in particular that the data provided by you as part of your registration is correct and that you are at least 18 years old. If you register on behalf of a company or a partnership respectively, you further confirm that you are authorised by law or based on a special power of attorney to register the relevant company or partnership respectively or to establish the contractual relationship for this company or partnership respectively. In this case, the (authorised) user is the company or partnership respectively represented by you. In this event, UVITY may request that you, being the user, provide relevant evidence of your authority.

Art. 3 Amendments to the terms of the contractual relationship

• UVITY or Uvity s.r.o. respectively shall be entitled to amend these terms of use, the Privacy Policy, the Cookie Policy and the membership terms at any time without notice if such an amendment is reasonable, for example because it solely provides benefits to users.
• In case of any other changes such as higher fees for Professional and Corporate memberships, members shall be informed in an appropriate and timely manner before any planned amendments become effective, but no later than two (2) months in advance.
• As a member, you shall then be entitled to examine such amendments and, if you do not agree with them, terminate your membership by deleting your registration or your user account with UVITY respectively in order to reject such amendments.
• If you fail to do so, the amended terms shall be considered to have been accepted and shall automatically become part of the contractual relationship. If an amendment concerns more than merely minor membership rights and obligations and you subsequently cause your registration or user account to be deleted, Uvity s.r.o. shall reimburse you for any fees already paid for the use of UVITY through Professional or Corporate memberships for the period following the deletion of your registration or user account on a pro rata basis. Any amendments to fees for Professional and Corporate memberships shall only become effective for the next membership extension period at the earliest (see Art. 7(1) and Art. 8(4)).

Art. 4 Services provided by UVITY

• UVITY provides users with services and benefits at various levels on or via its internet platform. The scope to which such services and benefits are provided depends on the type of usage (i.e. as a nonregistered visitor or registered member) and, for registered members, on the level of membership agreed on (Classic, Professional or Corporate).

• Depending on the above, UVITY makes the following particular services and benefits available to users:

  • the ability to research the internet platform, in particular the ability to launch searches of users and accessible contents;
  • the ability to create and maintain an own, multi-media web page for presenting one’s own person or organisation from a professional perspective;
  • the ability to upload, download, add, store, delete, share, forward, collage and search own multimedia contents via a user account;
  • the ability to download, store, share, forward, like, remember, bookmark, rate, comment and search multi-media contents of other users via a user account;
  • the ability to follow other users via a user account;
  • the ability to contact other users, including the ability to manage contact data;
  • the ability to receive messages from and send messages to other users.
• The concrete graphic and functional design of user options, the expansion of user options by additional functionalities or their supplementation with services and benefits shall be at UVITY’s discretion. UVITY shall be at all times authorised to adapt the specific design of services and benefits within the framework of contractual arrangements.
• UVITY delivers the ability to access and use the services and benefits without limitation in time and to an extent of at least 95% (annual average) as a matter of principle. Unavoidable, unforeseeable and extraordinary events that may result in UVITY being partially or fully unavailable, such as power failures, hacker attacks or failures of telecommunications lines from the internet handover point, shall not be taken into account in calculating the annual average.
• UVITY and the services and benefits made available by UVITY respectively expressly do not comprise the secure storage of user data and information. As a consequence, the user shall themselves ensure that all data and information associated with their user account and provided by the user is secured otherwise. To this extent, UVITY shall be under no obligation to make, make available or keep available copies of data contents or information provided by the user or other persons, unless required by law.

Art. 5 User obligations

• As a user, you shall keep confidential the password and other access data chosen by you during the registration process and change the password regularly in order to prevent misuse. The user shall have sole responsibility for choosing, keeping secure and storing the password and other access data. Disclosure of the password or other access data to third parties or allowing non-registered users to use your membership shall be expressly prohibited.
• As a registered user, you shall be responsible for all actions, measures and statements taken or made on or from your user account. The only exception is where the action, measure or statement is not attributable to you. UVITY shall not accept relevant liability.
• You need to notify us without delay if you realise that your membership or user account is used by a third person or if you identify any other misuse of your membership or user account.

• As a user, you may only use UVITY within the framework of the contractually agreed purpose or UVITY’s fundamental purpose respectively. Any use beyond this defined purpose or any misuse shall be prohibited. The following actions shall be prohibited in particular:

  • the use of other or misleading identities, pseudonyms or aliases for registration with UVITY and the use of the user account for any actions and responses (interactions) such as creating and maintaining content, searching content, sending communications or rating or commenting on contents;
  • the use on UVITY of other people’s portrait photos or of the user’s portrait photos that show an unclear or blurred likeness of the user;
  • the use of other people’s word and/or figurative marks in the UVITY user account without express authorisation;
  • the use of legally protected contents on UVITY (e.g. contents protected by copyright, trademarks, patent or design rights) without express authorisation;
  • the advertisement, offer and/or distribution of legally protected goods or services on UVITY (e.g. goods or services protected by copyright, trademarks, patent or design rights) without express authorisation;
  • the blockage, overwriting, modification or copying of contents on UVITY to the extent that this is not required for the proper and appropriate use of UVITY;
  • the use of mechanisms, software or scripts in conjunction with the use of UVITY and their direct or indirect advertisement or dissemination;
  • the systematic reading out of the contact data of other UVITY users for the purpose of disclosing these to third parties;
  • the performance or promotion of anti-competitive actions on UVITY, including relevant customer advertisements such as chain, snowball or pyramid systems;
  • the unreasonable harassment of other UVITY users, in particular by mass mail-outs of unsolicited advertisements or spam;
  • the unreasonable harassment of other UVITY users through aggressive, obscene, insulting, defamatory or intrusive contributions or communications;
  • the use on UVITY of pornographic or abusive contents, or of contents that promote violence or are against public policy or breach youth protection laws;
  • the advertisement, offer and/or distribution on UVITY of pornographic or abusive goods or services, or of goods or services that promote violence or are against public policy or breach youth protection laws;
  • the use of UVITY for publishing and disseminating contents that do not substantially relate to the purpose or scope of UVITY and that may impair UVITY’s attractiveness to other users; and
  • any measures taken by the user that result in excessive system loads or system disruptions in the UVITY infrastructure.
• Any of the above breaches of obligations shall constitute grounds for UVITY to terminate the contractual relationship without notice, to block and delete the user account and to prohibit the further use of UVITY’s services and benefits.
• The user shall consider that communications, statements, utterances and comments on UVITY should reflect the rules of polite, respectful discourse and interaction. Any criticism and opinions should be voiced constructively.
• The user shall release UVITY from any claims asserted by third parties against UVITY in relation to any breaches of the law committed by the user for which the user is responsible. The user shall bear any relevant and necessary legal defence costs that UVITY may incur in this context.
• UVITY shall further be entitled to delete or deactivate contents uploaded by the user if such contents breach third-party rights or if third parties assert claims based on an alleged breach of the law and it is not immediately evident that such claims are unfounded.

Art. 6 Consumers’ ability to cancel memberships established through distance contracts, cancellation policy

• Where consumers make distance contracts within the meaning of S. 312c German Civil Code, they have a statutory right to cancel the contract. A consumer within the meaning of S. 13 German Civil Code is every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.

• If you acted as a consumer when registering as a user or establishing a membership or the contractual relationship respectively, you have a right to cancel the contract as referred to above, about which UVITY informs you as follows:

  Cancellation Policy

  Right to cancel the contract:

  You shall be entitled to cancel this contract within fourteen days without providing Uvity s.r.o. with reasons.

  Cancellation period:

  The cancellation period for services shall be fourteen (14) days from the date the contract is made. To exercise your right to cancel the contract, please notify:

  Uvity s.r.o.
  Pribinova 4
  811 09 Bratislava
  E-mail: contract@uvity.com

  by means of a clear statement (e.g. a posted letter, an e-mail or a telephone call) regarding your decision to cancel this contract. You may download and use this cancellation form, but this is not required. The cancellation period shall be complied with if you send your notification about your exercise of the right to cancel the contract before the cancellation period ends.

  Consequences of cancellation:

  If you cancel this contract, we shall repay to you all payments we have received from you without delay and no later than within fourteen days from the date on which we received your notification about the cancellation of this contract. The repayment shall be made as per your chosen payment method. In no case shall we charge you any fees for such a repayment.

  If we have already commenced to provide the service during the cancellation period upon your request, you shall pay us a reasonable amount commensurate with the services already provided in relation to the total scope of services to be provided under this contract until the time you notified us of your exercise of your right to cancel this contract.

• The right to cancel the contract in relation to Uvity s.r.o. shall not apply to contracts that are made between the user and a third party rather than between the user and Uvity s.r.o.. Any rights to cancel the contract can therefore only be asserted in relation to such a third party.

Art. 7 Term and termination of membership

• Membership is initially established for a period of twelve (12) months / optionally one (1) month and shall then be extended for another twelve (12) months / one (1) month (for monthly member-ships) at a time unless it is terminated no later than three (3) weeks prior to its expiry. For Premi-um and Corporate memberships, the agreed fee for the continuing term of usage shall fall due and be invoiced accordingly by UVITY for the prior membership period as per the agreement as soon as the extension period commences.
• However, the user shall at all times be entitled to terminate the membership without stating rea-sons and without giving any notice, although in this case the user shall not be entitled to have any fees reimbursed that have already been paid, and the claim for payment for periods until the regu-lar expiry of the user’s membership shall continue in accordance with Art. 7(1).
• UVITY also reserves the right to terminate contracts for good cause. Good cause for termination is constituted, above all, by the user seriously breaching their contractual obligations in a sustained manner, in particular by failing to comply with the prohibitions set out in Art. 5(4), or by the user seriously and culpably breaching statutory regulations.
• Any termination of a contract shall be made in writing. Terminations may also be made by delet-ing a user account. In the event of a termination with immediate effect, for example by means of deleting a user account, the user account and any contents provided by the user on their own UVITY page shall be deleted immediately. However, published contributions and contents shall be maintained without links to this website. If a contract is terminated as per the end of the member-ship period or the end of an extension period, this shall be done at the time the membership is terminated.
• UVITY shall exercise its right to terminate the contract with due notice and to delete the relevant user account if a user has not logged on to their user account for a period of at least one year and has not responded to a reminder notification within a reasonable time.

Art. 8 Paid memberships (Professional and Corporate), payment

• The user shall pay the membership fee for the chosen type of membership (Professional or Corporate) that is stated during the registration process or that may be agreed at a later time. The payment for a 12-month membership period shall be due either in full in advance for the full 12-month membership period or on a monthly basis in advance, according to the member’s preference, and shall be invoiced accordingly by UVITY. If the member elects full advance payment for the 12-month membership period, they shall be granted a discount compared to the monthly payment option. The payment for the monthly membership shall be due on a monthly basis in advance.
• Payment shall be made via one of the payment methods offered by UVITY. If UVITY is unable to collect a payment in part or in full, the user shall be liable for any costs incurred by Uvity s.r.o. as a result, in particular bank charges relating to the return of direct debits.
• UVITY shall have the option of providing invoices and payment reminders by electronic means only.
• Uvity s.r.o. reserves the right to increase membership fees for Professional and/or Corporate memberships reasonably with effect from the start of any new extension period. This clause shall be subject to the provisions set out in Art. 3 of these terms of use.

Art. 9 Liability

• UVITY excludes any liability to the extent permitted by law. To the extent that these terms of use do not provide otherwise, UVITY shall be liable in accordance with statutory regulations in case of breaches of contractual and non-contractual obligations.

• UVITY shall only be liable for damages within the scope provided for by fault liability in case of intent and gross negligence, regardless of the legal basis. In case of minor negligence, UVITY shall only be liable for the following, subject to a less strict scope of liability (for example for diligence in relation to its own affairs):

  • damage arising from injury to life, body or health;
  • damage arising from a not insubstantial breach of a material contractual obligation (i.e. an obligation that is required to be fulfilled if the contract is to be performed in a regular manner and on whose fulfilment the contracting partner would regularly rely and may regularly rely); in this case, UVITY’s liability shall, however, be limited to replacement of the foreseeable, typically incurred loss.
• The limitations of liability arising from Art. 9(2) shall also apply to breaches of obligations by or in favour of persons for whose fault UVITY bears responsibility according to statutory regulations.
• UVITY shall, in particular, not be held liable for any contents and information of other persons published on the UVITY website. Users use any such contents and information at their own risk. Such contents or information may be incorrect, incomplete, misleading, unlawful or harmful in any other manner. UVITY will not verify the contents or information provided by users or third parties.

Art. 10 Notifications

The user expressly agrees to UVITY sending them communications to the contact data provided by the user. This may be done electronically, in particular. Users are therefore encouraged to keep their contact data up to date at all times in order to ensure that they shall always receive communications in a timely manner.

Art. 11 Final provisions

This contractual relationship shall be exclusively subject to the laws of the Federal Republic of Germany, excluding private international law and the UN CISG.