Effective date: 01.03.2025


Terms of use of Moitin s.r.o., with registered office: Miletičova 5B, 821 08 Bratislava, ID No.: 47 349 069, registered in the Commercial Register of the Municipal Court of Bratislava III, Section: Sro, Entry No.: 123623/B (hereinafter referred to as the "Company")


INTRODUCTORY PROVISIONS


Please read carefully these terms of use (the "Terms"), which apply to your use of the services of ShowCollect , an application for the digitisation of collectibles for the collector, the purpose of which is to digitally create a list of the collection with the relevant information on the object of the collection, for the purpose of providing an overview of the collection and its value and the subsequent possible sharing of the objects of the collection for the circle of collectors - a social network (the "Application"


  1. For information on the processing of personal data by the Company, please click on the following link: www.showcollect.com/terms_ensk.html



By voluntarily creating a user account (registration), you confirm that you have read and agree to these Terms and Conditions. You also confirm this agreement when you register for a user account. By confirming these Terms on behalf of a legal entity, the user declares that he/she is authorized to act on behalf of that entity. If you do not agree to these Terms, you will not be permitted to use the Application and no content will be made available to you.


These Terms govern the relationship between you and the Company, which is the operator and owner of the rights to the App.


In order to use the App and access its content, you must (1) be at least 16 years old; (2) obtain the consent of a parent or legal guardian if you are a minor in your country; (3) have the capacity to enter into a binding contract with us and not be prohibited from doing so by any applicable law; and (4) reside in the country in which the App is available. You also agree that any registration information you provide to the Company is true, accurate and complete, and you agree to keep it that way at all times. If you are a minor in your home country, your parent or legal guardian will be required to agree to these Terms if you wish to use the Premium Subscription Services of the Application on your behalf. If you do not meet the minimum age requirement, you should not register as a user.


The User acknowledges that the Application under these Terms and Conditions, including modifications and changes thereto, are a work within the meaning of Act No. 185/2015 Coll., the Copyright Act, as amended (hereinafter referred to as the "Copyright Act"), and therefore this work is protected under the provisions of the Copyright Act. The Company is entitled to provide third parties with the use of the Application under license. The User is not entitled to distribute, reproduce or otherwise dispose of the Application in a manner that differs from the manner of use of the Application under these Terms without the Company's consent.


SERVICES PROVIDED


We provide several options within the Application. The basic version of the App is completely FREE, while access to other options requires payment ("Premium Subscription Services").


We use reasonable efforts to keep the App up and running and to provide you with the best possible content in light of the goal and purpose of the App. However, our service offerings and availability may change from time to time in accordance with applicable law, without any obligation to you, such as in the following cases:

  • The App may experience temporary outages due to technical problems, maintenance, testing or updates, including updates required to apply changes resulting from applicable laws or other generally binding regulations;

  • we aim to continually develop and improve the content and offerings of the App and may therefore modify, suspend or discontinue (permanently or temporarily) all or part of the App.


Your right to terminate your use of the App is set out in the "Terminating Use of the App" section later in these Terms.


If you have subscribed to Premium Subscription Services that are terminated early by the Company prior to the end of your subscription period in accordance with the applicable provisions of these Terms, the Company will refund your prepaid payments for the unused subscription period upon such termination. In order for us to refund you, your account information and billing information must be current.


The Company shall have no obligation or liability to you for any refund in connection with any failure of the Internet or other services or other failures that may be caused by the actions of governmental authorities or other third parties, or in connection with events beyond our control.


In connection with the download and use of the Application, the User may be charged fees associated with the provision of an Internet connection or mobile data transmission provided by a telecommunications and data service provider with which the User has a separate contract. These costs shall be borne in full by the user.


Individual versions of the Application


Basic version - we have added some of the features for a better user experience:

  • Availability of multiple languages

  • The ability to switch between light and dark mode

  • Change of currency and dimensions of items

  • Notifications of important events in the collection

  • Possibility to manage two collections

  • Basic statistics of the collections overview

  • Option to add 2 photos per item

  • Share a collection with others


Premium - with the Premium package you will get many of our benefits and these are as follows:

  • Option to change the colour theme of the app according to preference

  • Extended statistics for a more detailed overview of collections

  • Access to the item scanner for quick addition

  • Password protection function for added security

  • Fewer ads for a smoother experience

  • Ability to manage up to 6 collections

  • Data synchronisation and backup for safe keeping

  • Ability to add up to 10 photos and one video to items


Platinum - for the most demanding customers, we have prepared the Platinum package, from which you will get the following benefits:

  • All the benefits of the "Premium" package

  • Completely ad-free for uninterrupted app use

  • Unlimited collections, ideal for passionate collectors

  • Unlimited photos and videos per item

  • Ability to search for missing models in collections to complete collections


APPLICATION INSTALLATION


Installation of the App on a mobile device is required for proper functionality and use of the App. The App is freely available for download to users in the app store depending on the operating system of the user's mobile device (for Android - Google Play, for iOS - App Store).


You must create a user account to use the App. Your username and password are for personal use only and should be kept confidential. The user's email address acts as the username. You acknowledge that you are responsible for any use of your username and password (including unauthorized use). You may prevent access to your user account through the Application installed on your mobile device by temporarily logging out of the Application If your username or password is lost or stolen, or if you believe that someone has gained unauthorized access to your account, please notify us immediately at


Once the Application has been downloaded and successfully installed on the User's mobile device, for proper functionality and use, the User is required to identify himself/herself through his/her user account, either by registering as instructed by the Company, provided at registration (if the User has not created a user account and this is the User's first login) or by logging into the User's user account using the login credentials provided by the User at registration (if the User is a User who has already successfully created a user account and this is the User's second login to a user account through the Application). Users may also use their Apple Account or Google Account to log in to the Application.


The User is not entitled to allow a third party to use the Application through his/her user account. Each user account may only be used by one person. If the User allows a third party to use the Application through his/her user account, he/she is responsible for the actions of that third party as if he/she were acting alone.


Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable license to make personal and non-commercial use of the App and its content ("Access"). Access remains effective until terminated by you or the Company. You agree not to distribute or transmit the Application or its contents.


The software features of the App and the App Content are licensed and are not sold to you or transferred to you, and the Company retains ownership of all software copies of the App and the App Content, even after they are installed on your mobile device.


The App or its content is the property of the Company. All trademarks, service marks, trade names, logos, domain names or other brand elements of the Application ("Application Brand Elements") are the exclusive property of the Company. These Terms do not grant you any rights to use any Application Brand Elements whether for commercial or non-commercial purposes.


You agree that you will not use the App, its content or any portion thereof in any manner not expressly permitted under these Terms.


Premium prepaid services


Premium subscription services include :

  1. Premium Membership or

  2. Platinum Membership .


You can purchase premium subscription services directly from the Company in the following ways:

  • by making a subscription payment in advance each month or other recurring time interval that we notify you of before your purchase; or

  • a subscription whereby you will gain access to the Premium Subscription Services for a period of time ("Subscription Period").


The tax is calculated based on the information you provide and at the applicable rate at the time your monthly subscription is billed.


For more information on pricing https://www.showcollect.com/index_ensk.html#subscriptions



Changes to prices and taxes


The Company may change the price for Premium Subscription Services from time to time to reflect circumstances such as changes in product offerings and features, changes in business or changes in economic context, or for security, legal or regulatory reasons, by providing notice by any reasonable means, including email or notice on the App or otherwise, of any price changes by giving reasonable notice, but not less than 30 days. Price changes will be effective as of the beginning of the new Subscription Period following the date of the price change. Under applicable law, if you continue to use the App after a price change becomes effective, you agree to the new price. If you do not agree to the price change, you may reject the price change by cancelling the Premium Subscription Services no later than 30 days from the date of the price change notice by following the procedure set out in these Terms, otherwise your right to cancel will be terminated


The tax is calculated on the basis of the current rate in force at the time the monthly payment is charged. This amount may change from time to time based on local tax requirements in your country. Any change in the tax rate will be applied automatically based on the account information you provide.


Invoicing and cancellation


Unless otherwise stated (for example, if you have signed up for a Subscription Period), a paid subscription will be valid indefinitely until cancelled. On the first day of each billing period, you will be billed the recurring payment you make and authorize us to post your payment method as the actual payment for the subscription. The minimum length of your commitment is one (1) calendar month


You may cancel your paid subscription at any time by logging into your App account and following the instructions on your account page. Unless otherwise specified, cancellation will take effect as of the end of the billing period in which you cancel your subscription and you will be upgraded to the free version of the App. We do not provide refunds for partial refund periods unless otherwise stated in these Terms.


Right of withdrawal


If you purchase Premium Subscription Services of the App, you have fourteen (14) days from the date of purchase to cancel without giving any reason. In such case, the provision of the Application Services will only commence upon the expiration of that period. A sample withdrawal form can be found at this link.


However, if you expressly agree to us providing the Service to you immediately after purchase, you also forfeit your right to cancel once the Service has been fully provided, and you authorize the Company to automatically charge you for the price of the Service on a monthly basis until you cancel your subscription in accordance with these Terms and Conditions. In the event of cancellation after consent has been granted, you shall pay the price for the actual service provided up to the time of cancellation.


INTELLECTUAL PROPERTY RIGHTS


User content


Users of the App may post, upload or otherwise add content to the App in accordance with its purpose as defined in these Terms ("User Content"). For the avoidance of doubt, "User Content" includes any information, materials, photographs or other content added, created, uploaded, posted, distributed or published by Users on the App.


You are solely responsible for all User Content you post


You agree that with respect to any User Content that you post on the Application, (1) you own the User Content or have the right to post the User Content, and (2) such User Content or the Company's use of the User Content under the license granted below (i) does not violate these Terms, applicable law, or the intellectual property or other rights of any third party, and (ii) does not imply any affiliation with or endorsement of you or your content by the Company without the Company's express written consent.


When posting or sharing User Content or other information on the App, please note that such content or other information will be publicly available on the App's social networks and may be used or re-shared by other users on the App or on the Internet, so please use caution when sharing and posting content on the App and be mindful of your account settings. The Company is not responsible for the Content that you or other users post or share on the App.


Monitoring User Content


The Company may, but has no general obligation to, monitor or review User Content. The Company reserves the right to take measures that affect the availability and visibility of User Content.


The Company moderates user-generated content to a degree that is appropriate and consistent with the types of content generated by users.


Measures against unwanted content , how to report unwanted content and objections to measures


The following User Content is considered objectionable under these Terms and is prohibited from being posted and/or promoted by Users:

  1. sexual content and vulgarities

  2. hate speech

  3. Violence

  4. violent extremism

  5. sensitive events (e.g. natural disasters, conflicts, deaths or other tragic events)

  6. bullying and harassment

  7. dangerous products (firearms, explosives, ammunition, etc.)

  8. marijuana

  9. tobacco products and alcohol


Users are also prohibited from creating, uploading or distributing content that facilitates the exploitation or abuse of children. This includes all material depicting child sexual abuse. Among other things, it is prohibited, for example, to use the App to promote predatory behaviour towards children, such as:

  • inappropriate interaction with the child (for example, groping or stroking);

  • enticing children for the purpose of abuse (e.g. befriending a child for the purpose of making sexual contact online or offline or exchanging sexual images);

  • sexualisation of a minor (for example, images that depict, promote or encourage the sexual abuse of children, or depicting children in a way that could lead to their sexual exploitation);

  • "sexual blackmail" (for example, threatening or blackmailing a child with actual or alleged access to intimate images of him or her);

  • Child trafficking (for example, advertising or contacting a child for commercial sexual exploitation).


The Company reserves the right to block and delete unwanted User Content without the User being entitled to any damages and/or other similar related claims. In the event that User Content is confirmed to depict child sexual abuse, it will be immediately reported to the National Center for Missing or Exploited Children or the relevant regional institution.


In the event that you notice unwanted User Content, you may report it by contacting us at: info@showcollect.com


In cases of individual user interaction, the option to block the user is available.


Violations of the Unwanted Content Policy may result in the deletion of such Unwanted User Content. Repeated or serious violations of these rules may be considered a violation of these Terms, resulting in the possible disabling or deletion of the User's account.


In the event of your disagreement with the Company's intervention against unwanted content, you may contact us at: info@showcollect.com with your reasoned objections. In such case, the Company will verify the validity of the above-mentioned procedure and will subsequently inform you of the outcome of the investigation.


Licence granted to the Company


When you post your User Content on the App, you retain ownership rights to it. However, in order for us to make your User Content available on the App and its social network and to provide you with certain features and functionality with respect to the purpose and objective of the App, as defined in these Terms, we need a limited license from you for that User Content.


You hereby grant to Company a non-exclusive, transferable, sublicensable, fully paid-up, irrevocable, worldwide, royalty-free license to distribute, disclose, use, publish, translate, modify, adapt, create derivative works from, distribute, and otherwise use such User Content in connection with the Application through any medium, whether alone or in conjunction with other content or materials, in any manner and by any means, method, or technology now known or later developed. To the extent possible and permissible under applicable law, you also agree to waive any "moral rights" or equivalent rights, such as the right to be identified as the author of User Content, including the right to feedback and the right to object to disparaging treatment of such User Content.


Feedback


If you provide us with ideas, suggestions or other feedback in connection with your use of the App or its content ("Feedback"), such Feedback is non-confidential and may be used by the Company without restriction and without financial compensation to you. Feedback is considered User Content for purposes of these Terms.


Your mobile device


You further grant us the right to (1) allow the App to use the processor, waveband and storage hardware on your device to enable the App to function, (2) allow the App to use the camera of your mobile device to add individual Collection Items to the Collection, (3) store photographs of individual Collection Items in backups (which can be permanently deleted without storing backups by following the procedure in your user account), the ability to share photos, (4) allow you to share photos of the Collection with third parties (able to remove sharing by following the user account procedure), (5) use photos of the Collection on the App's social media channels, and (6) provide advertisements and other information to you and allow our business partners to do so to the extent permitted by the Company's Privacy Policy.


Reporting infringements


The company respects the rights of intellectual property owners. If you believe that any content infringes your copyright, trademark or other intellectual property rights, please report it to us at:" info@showcollect.com .




STOP USING THE APP


The Company may suspend your access to the App at any time if we reasonably believe that you have violated these Terms, if we suspend the provision of the App Services upon reasonable notice to you, or if we reasonably believe that conduct has occurred that gives rise to liability to any user, other third party, the Company or our affiliates, or that has materially harmed any user, other third party, the Company or our affiliates. If the Company suspends your access to the Application Services due to your violation of these Terms, as necessary to comply with applicable law, or due to conduct that gives rise to liability to or that has caused material injury to you, you agree that the Company will have no liability or responsibility to you under applicable law and (except as expressly set forth in these Terms) the Company will not refund any amounts already paid by you.


If the Company terminates your access to the App because we decide to discontinue the App, the Company will endeavour to notify you of such termination, including further details of the termination, such as when it will take effect.


As a user, you are entitled to stop using the App at any time. You may terminate your use of the App by logging out of your user account and uninstalling the App from your mobile device. User acknowledges that upon logging out of User's account and uninstalling the Application from User's mobile device, Company will continue to archive User's user account for the purpose of making User's account available upon reinstallation of the Application on User's mobile device.


You may terminate your relationship with the Company based on these Terms at any time, but you may not continue to access or use the App. For more information on how you can cancel your user account, please visit link: https://www.showcollect.com/termination_ensk.html


The User expressly acknowledges that by deleting the User's account, the Collection List and all related information, all User Data, including stored Collection Information and the Collection itself, will be permanently removed from the Company's hardware equipment, with no possibility of future retrieval. The Company shall not be liable for any damages caused by the deletion of a user's account and collection list.


The "Intellectual Property Rights", "Issues and Disputes", "Final Provisions" sections of these Terms, as well as all other sections of these Terms that expressly so state or the nature of which so provide, shall survive termination of these Terms and shall continue to survive termination.


LIABILITY AND DISPUTES


Disclaimer of warranty


Some jurisdictions do not allow the exclusion of implied warranties or limitations based on applicable consumer legal rights, so the exclusions and limitations in this section may not apply to you and will not affect your legal rights.


The Company provides the Service with reasonable care and skill and in accordance with the Company's specifications for the Application, but at the same time, the Application is provided "as is" and "as available" without any express, implied or statutory warranties. In addition, neither the Company nor the owners of the Content make any express, implied or statutory warranties with respect to the Content, including warranties of satisfactory quality, merchantability or fitness for a particular purpose. Neither the Company nor the Content Owner warrants that the Application is free of any malware or other harmful components. In addition, the Company makes no representations, endorsements, warranties or assumes no responsibility for any third party applications (or their content), user content, devices, or any other products or services advertised, promoted, supported or offered by any third party through the Application or any hyperlinked site, and the Company shall not be liable for any transactions between you and any third party providers of any of the foregoing.


In the case of use of the free version of the Application, due to the gratuitous nature of its use, the Company shall not be liable for any defects in the Application and the services provided through it. Accordingly, the User shall not have any claims in respect of defects in the Application and the services provided through it.


If you encounter any defect or deficiency while using the Application, you may contact the Company's technical support via email at info@showcollect.com , in order to resolve such technical issue


In the case of use of Premium Subscription Services, liability shall be governed by applicable law in accordance with the provisions of these Terms on applicable law.


Limitation of liability


Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the App will be to uninstall all App software and discontinue using the App.


Under no circumstances will the Company be liable for (1) any indirect, special, incidental, punitive, or consequential damages; (2) any loss (including direct or indirect) related to use, data, business, or profits arising out of the use of, or inability to use, the App; or (3) aggregate liability for any claims relating to the App in excess of the amount paid by you to the Company during the twelve months prior to the date of the first claim.


The Company will notify you of updates to the App, including security updates ("Updates"), in a reasonable manner (including by email or notice directly in the App) during the term of the relationship established by these Terms. The Company shall not be liable for any defects in performance caused by your failure to install the Updates if you have not installed the Updates within a reasonable time after they are delivered to you.


If you downloaded the App from the Apple Inc. App Store ("Apple") or if you are using the App on an iOS device, you represent that you have read, understand, and agree to the following notice regarding Apple


These Terms govern the relationship between you and the Company and not Apple. Apple is not responsible for the App and its content. Apple has no obligation to provide maintenance or support services in connection with the App. In the event that the App does not conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App. However, to the extent permitted by applicable law, Apple makes no other warranties with respect to the App. Apple is not responsible for resolving your or any third party's claims related to the App or your ownership or use of the App, including (1) product liability claims; (2) any claim that the service does not comply with a legal or regulatory requirement; (3) claims arising under consumer protection or similar laws; and (4) claims related to infringement of intellectual property rights. Apple is not responsible for investigating, defending, settling, or prosecuting any third-party claim of infringement of a third party's intellectual property rights by the Service and your ownership and use of the App. You agree to comply with applicable third party terms and conditions when using the App. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (which will be deemed to be accepted) to require you to comply with these Terms as a third party beneficiary of these Terms.


Compensation


You agree to indemnify and hold the Company harmless with respect to all damages, losses and expenses of any kind (including reasonable attorneys' fees and costs) arising out of (1) your violation of these Terms, (2) any User Content you post or otherwise contribute, (3) any activity you engage in on or through the Application, (4) your violation of any law or the rights of a third party.


Applicable law


Except as otherwise provided by mandatory law in your country of residence, the Agreements (and any non-contractual disputes or claims arising out of them) are governed by the laws of the state or country set out below, without regard to choice or conflict of law principles.


In addition, you and the Company agree to submit to the jurisdiction set out below to resolve any disputes, claims or disagreements that arise in connection with the Agreements (and any non-contractual disputes or claims arising out of or in connection with them), except to the extent that under applicable law you may elect to bring legal proceedings in your country of residence or we are required to bring legal proceedings solely in your country of residence.


The relations established by these Terms and Conditions shall be governed by the applicable laws of the Slovak Republic. The general courts of the Slovak Republic shall have jurisdiction and jurisdiction to decide disputes.


If the relationship established by these Terms and Conditions contains an international (foreign) element, the Parties agree that their relationship shall be governed by Slovak law and the general courts of the Slovak Republic shall have jurisdiction to settle disputes. This is without prejudice to the consumer's rights under generally binding legislation.


Relationships not regulated by these Terms and Conditions are subject to the relevant provisions of the Civil Code and other generally binding legislation of the Slovak Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.


Consumers


Consumer complaints are handled by the Company via the following electronic address: info@showcollect.com . We will send information about the handling of the complaint to your e-mail address provided during registration.


The Slovak Trade Inspection is competent for the out-of-court settlement of consumer disputes, with its registered office at P. O. BOX 29, Prievozská 32, 827 99 Bratislava, internet address: https://www.soi.sk/.


If you are resident in the European Union, you can also file a complaint via the online Alternative Dispute Resolution platform (ADR platform). The online dispute resolution platform is located at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK and can be used to resolve disputes between parties. The European Consumer Centre in the Slovak Republic, located at Mlynské nivy 44/a, 827 15 Bratislava, Slovak Republic, internet address: http://esc-sr.sk/ is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Regulation on online dispute resolution for consumer disputes).


The Slovak Trade Inspection Authority also supervises compliance with Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts.


FINAL PROVISIONS


The creation of a user account creates a contractual relationship between the Company and you as a user. The content of the contract so concluded shall be these Terms and Conditions as in force on the date of creation of the user account and as amended from time to time. The Contract shall be for the duration of the User Account and shall terminate on the date of deletion of the User Account and/or other permissible termination under these Terms and/or the date of termination of the Company's operation of the Application, whichever is earlier.


We may change these Terms from time to time, and we will provide you with reasonable notice of such changes (before they become effective), for example, by posting a revised version of the Terms on the App (in the case of material changes, in addition to posting, we will endeavour to provide such notice by email, by a pop-up message within the App or otherwise). By using the App after changes to these Terms have been made, you signify your acceptance of those changes. If you do not wish to continue to use the App in accordance with the updated Terms, you may terminate your account by contacting us. The effective date at the top of this document indicates when the changes to these Terms last occurred.


Except as otherwise provided in these Terms, if any provision of these Terms is invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected and that provision will apply to the extent permitted by law.


Any failure by the Company to enforce the Terms or any provision thereof shall not constitute a waiver of the Company's right to enforce them.


The Company may assign or delegate its rights or obligations under these Terms either in whole or in part. You may not assign, transfer or sublicense the Terms or any part of them to any third party.