Website Terms of Use

The website at the domain www.faceup.com (hereinafter referred to as the “Website”) is created and administered by FaceUp Technology s.r.o., ID: 061 42 630, with registered office at Udolni 567/33, 602 00 Brno, Czech Republic, registered in the Commercial Register kept by the Regional Court in Brno, section C, file 100325 (hereinafter referred to as the “Provider” or “FaceUp”).

You may contact the Provider:

1. by post to FaceUp Technology s.r.o., Udolni 33, 602 00 Brno, Czech Republic;
2. by email to support@faceup.com; or
3. otherwise as set out on the Website.

General information about the terms and rules of the Website use 

These terms and rules of use that regulate the Website use apply to the visitors and users of the Website at the domain www.faceup.com run by the Provider. 

By any use of the Website or clicking on any link the user confirms that they agree to these Terms of Use. If any user does not agree to these Terms, they may not use the Website and services of the Provider.

Services mean, in particular, receiving messages (reports) from third parties via the web-based form and their subsequent saving in the application run by the Provider and making them available to the Registered User (as defined below) via the profile or by sending in the form of an encrypted document, whereby the Registered User uses the Provider’s Website and services to fulfil obligations under the Whistleblower Protection Act or, if the Registered User is a school, to prevent and address bullying or other similar behavior (hereinafter referred to as the “Services”).

Users are obliged to comply with the contractual provisions stated in these Terms of Use. If the provisions of these Terms of Use are breached, the Provider may take all measures stated in these Terms of Use and/or allowed by the applicable legal regulations. 

Changes of the terms and rules of use

The Provider reserves the right to modify or supplement these Terms of Use at any time and in any manner without prior notice. In order for the user to be informed about all and any changes, the Provider recommends that the user read the Terms of Use on a regular basis. The Website use is subject to the Terms of Use in effect at the time of the Website use.

Access to and availability of the Website 

Access

The Website is freely accessible to everyone free of charge. The access to certain parts of the Website and the provision of Services are subject to creating a personal account or using an access code. The user bears the costs of connection and equipment for the internet access and the Website use, and the costs of using the Services.

The user must not tamper with or impair the functionality of the Website. The user is prohibited from accessing the Website otherwise than via the interface provided to the user by the Provider for this purpose. Access to the Website in any other manner is regarded as unauthorized.

Availability

The Provider reserves the right not to make the Website available all the time, particularly because of regular maintenance of hardware and software or because of technical defects beyond control of the Provider. However, the Provider guarantees that it will make its best efforts to secure that the Website is available, except for force majeure events or technical defects beyond control of the Provider.

User behavior

The user is liable for the consequences of their acts associated with the use of the Website provided by the Provider. 

The user must not use the Website for any activities that are or may be contrary to the legal regulations of the Czech Republic, good morals, generally accepted rules of using websites provided through the internet, as well as these Terms of Use or legitimate interests of the Provider. 

If the user allows other users to place content on the Website or to otherwise share the services provided by the Provider, then the user is responsible for securing that the third parties use the services in accordance with these Terms of Use and legal regulations. The user will compensate the Provider for damage incurred by the Provider in connection with the use of the Provider’s Website or services contrary to legal regulations or these Terms of Use, either by the user themselves or by another user whom the user allowed to use the services. The Provider is not responsible for any infringement of any rights of third parties.

The Provider may terminate or restrict access to the Website at any time without any entitlement of the user especially if:

1. the user uses the Website contrary to these Terms of Use;
2. the Provider reasonably suspects that the user uses the Website contrary to the legal regulations in effect and to the generally applicable ethical and moral principles of the Provider or good morals, or that such use serves to infringe the rights of a third party or to commit or facilitate a criminal activity;
3. the user uses the services for commercial or other purposes that could (even in the final consequences) damage the Provider;
4. the user misuses, blocks, modifies or otherwise changes any function of the Website and/or has tried to undermine or disrupt the stability, operation or data of the Website;
5. the user fails to pay fees for the Services;
6. the Provider reasonably suspects that the user is a legal entity or natural person other than the Registered User;
7. the user undermines or disrupts or tries to undermine or disrupt the stability or operation of the Website or the data saved on them.

If any components of the Website can be downloaded, the user may download only one copy of such content to one computer that is intended for the user’s personal use or own non-commercial use. 

The user must not remove from posts any information concerning the authorship or ownership and must not change posts in any manner. Any commercial use is prohibited.

User’s liability

The user uses the Website on their own responsibility. 

The Provider expressly warns the user that any use of the Services contrary to these Terms of Use may constitute an unlawful conduct that may also have characteristics of a criminal activity.

The Provider has the right to identify the user if so required by law enforcement authorities or if such identification is necessary under legal regulations in effect

The user is personally responsible for the settings of the computer and telecommunication resources necessary to access the Website and for the knowledge necessary to use the internet and to access the Website.

The user understands that the content of the Website is intended, in particular, for receiving messages from third parties via the web-based form and their subsequent saving in the application run by the Provider and making them available to the user via the profile or by sending in the form of an encrypted document, and does not give any advice or opinions, e.g. legal or medical ones, that could be regarded as being binding and relevant.

The user is fully responsible for concealing their user name, password or any other registration data and bears full liability and any costs arisen in connection with a breach of these Terms and rules of use.

The user must not assign or transfer their rights and obligations arisen from the contractual relationship with the Provider in connection with the use of the Website or services to any third party even if such assignment or transfer is gratuitous.

The user understands that all rights and obligations of the Provider under these Terms and rules of use, any rights and obligations of the Provider arising from the provision of services and the operation of the Website towards the user may be assigned to third parties without necessity to obtain any consent from the user.

Exclusion of the Provider’s liability

The user acknowledges that the Provider does not guarantee and is not liable for:

1. functionality of the user’s data network and hardware and software, and for the functionality of the public internet network;
2. any damage incurred by the user if the user is not informed in time about any changes of the Website or services only because the user does not use them regularly;
3. the Website content, particularly for full compliance of the content with the legal regulations in effect, and for absence of flaws;
4. absence of viruses or other disruptive components on the Website.

The Website may contain links to external websites or other external internet resources or social groups. If the Provider has no control over such external websites, resources or social plugins, then the Provider may not be liable for the correctness, up-to-dateness and availability of such external websites, resources or social plugins and may not assume any liability for the contents, advertisements, products, services or any other information or data available on or from such external websites, resources or social plugins. In addition, the Provider is not liable for any direct or indirect damage or loss arising from or connected with the use of or reliance on the content, goods or services available on or from such external websites, resources or social plugins.

Handling of the Website content by the user

The Website and any software necessarily used in connection with them may contain confidential information; the Website content in any form, in any processing or arrangement or in any file, and their source code (or the source code of any computer program necessarily used in connection with it) are copyrighted works or (depending on the kind of content) other items covered by intellectual property rights belonging to the Provider or third parties.

Unless stated otherwise, the intellectual property rights in the content and in all information of any nature contained on the Website, and each of the Website elements (images, illustrations, texts, graphics, etc.), including the software and database created for the Website (hereinafter referred to as the “Content”) are owned solely by the Provider which gives neither a license nor any right other than the right to browse the Website.

All trademarks, trade names and presentations, including logos, are owned by the Provider or by business partners of the Provider or by users and must not be used on other websites, used for marking products or services or used in any other manner contrary to legal regulations and legitimate interests of the Provider or third parties concerned.

The user must not copy, modify, create any derivative work, change the design or assembly or try to find the source code in any other manner (except for cases stipulated in law), sell, assign, sublicense or transfer in any manner any rights related to the entire Content or a part thereof.

The user must not change the entire Content or a part thereof, particularly the software, or use modified software versions particularly (without this list being exhaustive) in order to gain unauthorized access to the service and access to the Website in any manner other than via the interface provided by the Provider for this purpose.

Any full or partial reproduction, modification or use of trademarks, illustrations, images and symbols or any other Content for any reason and on any medium without prior express written consent of the Provider or owner of the intellectual property rights concerned are strictly prohibited. The same applies to all copyrights appearing and/or being used on the Website.

Reproduction of the entire Content or a part thereof is permitted solely for the purposes of personal and private use, and any reproduction and any use of copies created for other purposes are expressly prohibited.

Any creation of links to the Website, any formation of the Website and, more generally, any use of any element of the Website are subject to prior express consent of the Provider, which may be withdrawn at any time at the Provider’s discretion. The Provider may (i) request removal of any link from the Website that was not or has no longer been permitted, and (ii) demand compensation for any damage thus incurred.

Changes on the Website

The Provider reserves the right to modify or supplement this Website at any time and in any manner without prior notice. 

The Website use is subject to the Terms of Use in effect at the time of the Website use.

Final Provisions

The Provider reserves the right to terminate, change or supplement these Terms of Use even without prior notice given to the users, and such change will take effect on the day when the updated Terms of Use are published on the Website or in the scope of the service of the Provider. Consent to the new wording of the Terms of Use is given by the user by continuing to use the Website or services of the Provider.

These Terms of Use and all relationships arisen from them are governed by the law of the Czech Republic. The jurisdiction to decide any disputes arisen in connection with these Terms of Use that cannot be settled out of court lies with the Czech courts.

These Terms of Use take effect on 17.12.2021.