Terms of use
Terms and Conditions for the use of Obalero application
1. Introductory provisions
1.1 These Terms and Conditions (hereinafter referred to as "T&C") of Obalero s.r.o., ID No. 24241008, with its registered office at Křižíkova 530/78, Karlín, 186 00 Prague 8, registered in the Commercial Register under file No. C 196336 with the Municipal Court in Prague (hereinafter referred to as the "Provider"), regulate the rights and obligations of the Provider and the Users when using the software platform and mobile application called Obalero (hereinafter referred to as the "Application").
2. Description of the Application
2.1 The Application for web browser allows visualization of products and their packaging, i.e. in particular the developed packaging design in 3D.
2.2 Users of the Application can upload their own designs to be displayed on packaging, i.e. objects such as cans, beverage cartons, bottles, etc. This allows the user to work with the design of a particular object. On the basis of an individual order, the Provider may also enable the display of an object that is not yet in the Application portfolio and with which the User is interested in working in the Application.
2.3 The Obalero Platform includes a web application on the website app.obalero.com (hereinafter referred to as the "Web") and plugin for Adobe Illustrator.
3. Users
3.1 The term "User" means a natural person who creates a user account on the Website, i.e. a User account that allows the User to work in the Application, access the user interface, communicate between Users and use other features of the Website or the Application depending on the type of service level (Plan).
3.2 The Application allows multiple Users to be combined into one or more teams ("Team" or "Teams"). The maximum number of Users in a Team is determined by the selected Service Level (Plan). One User can be a member of several Teams.
3.3 A User who has registered according to Article 4 of the OP and paid the price for the use of the Application has the status of an administrator who has the right to add specific Users to the Team or invite them to the Team and the Application. The Provider does not provide any compensation for unused space in the Team.
3.4 Provider may, in its sole discretion, refuse to offer the Service to any person.
3.5 Users are required to familiarize themselves with these T&C, and by creating a User account or otherwise using the Service (e.g., by browsing, posting to discussions, etc.), Users acknowledge the current version of the T&C and are required to abide by it. These T&C become valid and effective upon their publication and are also an integral part of the service contract concluded between the Provider and the User.
4. Registration
4.1 In addition to the proper payment of the price according to Article 6 hereof , the condition for using the Application services is the User's registration with the Application Operator, i.e. the creation of a User account. The User's username is (1) the User's e-mail address and the password chosen by the User, or (2) the User can log in via Google or Apple. Either of these methods is then used by the User to further log into the Application.
4.2 Users are required to provide Provider with accurate and complete registration information and to update such information on a regular basis. If the User provides his/her login details to another person, he/she is responsible for using the Application as if he/she were using it himself/herself. In the event of unauthorized use of a User's account, such User shall notify the Provider in writing of such unauthorized use or any other breach of account security of which it becomes aware.
4.3 Upon registration, the User confirms that he/she has read these T&C and agrees to their wording. Registration cannot be completed without such consent.
5. Subject of the contractual relationship
5.1 The subject of the contractual relationship between the Provider on the one hand and the User on the other hand is the obligation of the Provider to enable the User to use the services provided within the Obalero platform, to the extent according to the level of services specified in Par 6.1 hereof, and the obligation of the User to pay the Provider the price for the use of the Application.
5.2 The User is obliged to comply with the terms and conditions of use of the Application, including the license conditions set out in these T&C.
5.3 The contract between the User and the Provider is concluded at the moment of creation of the User account. The Contract is concluded for a definite period of time according to Par. 6.5, and the User is entitled to use the Application immediately after payment of the price according to Article 6 of the T&C.
6. Service level (Plan) and price for using the Application
6.1 Plans
- Free - free of charge. This version is automatically provided to each User upon registration. It is not possible to create a Team in this level.
- Explorer - according to the price list
- Enterprise - according to individual contract
6.2 The Explorer Plan also include a certain number of credits per month for each User within the Team. Credits can be shared by all Users within the Team. These credits can be used to obtain services as per paragraph 6.9 of these T&C. The number of credits in each Plan is specified in the Operator's price list. Unused credits are not transferred to the next month.
6.3 It is possible to upgrade to a higher Plan, subject to the payment of the difference in price. Instructions on how to upgrade the Plan are provided in the Application. Downgrading the Plan is possible under certain conditions specified in the application.
6.4 The Provider's price list can be found on the Pricing page. The price for using the Application is always determined according to the relevant Plan and the length of time the Application is used (subscription).
6.5 The Contract is concluded for the period of time during which the price for the use of the Application (subscription) is paid. The User may terminate the Contract at any time by cancelling the subscription or cancelling his/her registration. The price already paid for the use of the Application shall not be refunded to the User.
6.6 The price for the use of the Application will be paid by the User by credit card, which the User will specify during registration, when he/she will also indicate whether he/she will pay the price monthly in advance or in advance for 12 months. The price is then paid by credit card through the Stripe platform, automatically in advance for each month or in advance for the 12 following months. Payment for 12 months in advance is discounted according to the Provider's price list.
6.7 If the User is in default of payment of the price for the following period, a reminder will be sent by the Provider. If the payment is not made even within the period specified in the reminder, the Provider is entitled to make the Application unavailable to the User.
6.8 Any payment under these T&Cs shall be deemed to have been made at the time of its payment via Stripe Platform.
6.9 In addition to the credits that are provided within the specified Levels of the Application, the Provider offers the possibility to purchase credits beyond the selected Level. These extra credits are carried over to future periods and have an unlimited period of use. The prices of these credits are specified in the Provider's price list.
6.10 All credits earned in the Application (according to paragraph 6.2 or 6.9) can be used by the User to pay for predefined services of the Application, such as photorealistic visualizations (renderings) of products or creation of customized 3D models. The value of credits, the offer of specific services and the possibility to use them are specified in the Provider's price list.
7. Licensing agreement
7.1 The Application is a copyrighted work.
7.2 All property rights to the Application belong to the Provider, according to Act No. 121/2000 Coll., Copyright Act, as well as according to international copyright contracts concluded by the Czech Republic. The Provider does not grant the User any rights to use the Provider's trademarks.
7.3 At the moment of payment of the price for the use of the Application, the Provider grants the User a personal, non-transferable, non-exclusive license to use the Application in the scope according to the selected service Level. The license is territorially unlimited and limited in time for the period of subscription to the services.
7.4 The Provider is entitled to withdraw from the Contract or terminate the User's access to the Application if it finds that the User violates the terms and conditions for use of the Application set out in these T&C, until the User remedies the situation.
7.5 The User shall be entitled to use the outputs from the Application, i.e. the packaging designs created by the User on 3D objects placed in the Application in such a way as not to infringe any rights of the Provider or third parties.
8. Rights and obligations of the User
8.1 When using the Application, the User is obliged to comply with these T&C, to follow the applicable legal regulations, to act honestly and in accordance with good morals. The User is obliged to behave at all times in such a way as to avoid damaging the Provider's reputation or causing any harm to the Provider or other Users of the Application or other persons.
8.2 In particular, the User is not entitled to interfere in any way with the content or technical parameters of the Application, to interfere with the security of the Application, to prevent other Users from using the Application to its full extent, to create false, misleading or deliberately distorted or otherwise dishonest content and/or grossly indecent content (vulgarisms, defamatory comments, etc.).
8.3 The User is liable for any damage or injury caused by unauthorized use of the Application or tampering with the Application and its components (including source code).
8.4 The User acknowledges that all 3D models, scene settings and other internal processes that are part of the Application or the Platform are owned by the Provider, or the Provider exclusively exercises all proprietary rights thereto or is the beneficiary of a license to such components.
8.5 The User is not entitled to extract 3D models or any other data from the Application. This restriction does not apply to visualizations created by the User in the Application. All rights to these outputs belong to the User when the Application is used as a tool to create them.
8.6 The User bears all responsibility for the content and data that he/she uploads to the Application. By entering into a contract with the Provider, the User undertakes to upload only such data to the Application as he is entitled to handle in this way. In the event that any third party makes any claims against the Provider in connection with the content or data uploaded to the Application, the User undertakes to indemnify the Provider for any damage incurred by the Provider as a result.
8.7 The User is entitled to cancel his registration in the Application at any time via the User interface. At the same time, the User is entitled to request the deletion of the data he has provided.
9. Rights and obligations of the Provider
9.1 In connection with the operation of the Application, the Provider manages the database of Users.
9.2 The Provider shall not be liable in any way for any damage caused by the User's activity on or in connection with the Application.
9.3 The Provider is entitled to block the User account at any time, even without prior notice, if the User violates his/her obligations under the law or these T&C or if the Provider has any other serious reason for doing so. The blocking of the User account shall not affect the performance of any obligation of the User arising in connection with the use of the Application. Such action shall not constitute a breach of the Provider's contractual obligations and the User shall not be entitled to any compensation, refund of the price paid or any other claim against the Provider.
9.4 The Provider reserves the right to restrict the functionality of the Application and to change the content of the information published in the Application at any time for a strictly necessary period of time.
9.5 The Provider shall not be liable for any direct or indirect damage or injury, including loss of stored data, arising from the use or inability to use the Application.
9.6 Furthermore, the Provider shall not be liable for any interruptions of the Application resulting from failures or outages of the Internet network, or other circumstances of a technical nature beyond the Provider's control or requiring the assistance of third parties (e.g. unavailability of the server used by the Provider for the operation of the Application).
9.7 In the event that the Provider is found liable for any damage or injury incurred by the User, the amount of compensation that the Provider would be obliged to pay is limited to the amount paid by the User to the Provider for the use of the Application.
10. Change of Terms and Conditions
10.1 The User acknowledges that the Provider enters into contracts in the ordinary course of business with a large number of persons and that the contracts are by their nature binding in the long term for repeated performances of the same kind with reference to these T&C. In the course of the operation of the Application, circumstances may arise which give rise to a reasonable need to amend these T&C. For this purpose, the Provider is entitled to amend the T&C to the extent necessary. The change to the T&C will be notified to the User, as the other party, via the user interface when logging into the User account.
10.2 In this case, the User has the right to reject the changes to the T&C and to terminate the contract concluded with the Provider within 30 days from the date of sending the notification of the T&C change.
10.3 The contract concluded pursuant to paragraph 5.3 hereof shall be governed by the T&C as in force at the time of conclusion of the contract.
11. Cookies and data protection
11.1 The Provider uses cookies to personalize content and advertisements, provide social media features and analyse traffic to the Provider's website. The Provider shares information about the User's use of the Website with its social media, advertising and analytics partners. Partners may combine this information with other information provided by the User or obtained as a result of the User's use of their services. When viewing the Provider's website, the User has the choice of enabling all or only necessary cookies.
11.2 User's personal data is handled by the Provider in accordance with the Privacy Policy, which can be found on the web page Privacy policy.
12. Mandatory information for consumers
12.1 This article of the T&C is effective only with respect to the User who is a consumer (hereinafter referred to as the "Consumer"). The provisions set out in this article of the T&C do not apply in particular to entrepreneurs - sole traders or commercial companies.
12.2 The Provider hereby informs the Consumer that:
12.3 The address for delivery of documents to the Provider is the same as the abovementioned address of the Provider's registered office;
12.4 The Provider's telephone contact is +420 777 261 321
12.5 The Provider's address for the delivery of electronic mail is support@obalero.com
12.6 The price for the use of the Application is inclusive of all taxes and fees and the amount and/or method of calculation is set out in the Application.
12.7 The Consumer is obliged to pay the Provider a fee for the use of the Application, if the Application is not provided free of charge, in one of the ways specified for the respective option in the user interface of the Application and these T&C.
12.8 The Consumer shall not incur any delivery costs.
12.9 To use the Application, you need the access to the Internet and a commonly used and maintained Internet browser is needed.
12.10 The Provider is entitled to change the functionality of the Application, in particular to add features or functions, improve existing features, change algorithms, remove content, comply with legal requirements. These changes, if any, will not entail any additional costs for the Consumer.
12.11 The Consumer acknowledges that he/she cannot withdraw from the contract for the supply of digital content that is not delivered on a tangible medium after performance has begun.
12.12 In relation to the Provider, the Consumer shall not incur any costs for the use of remote means of communication.
12.13 The details of the conclusion of the contract, including these Terms and Conditions, are stored in the database of the Application and can be accessed by the Consumer via the User account.
12.14 The Consumer has the possibility to detect errors by checking the User Account.
12.15 Correction of errors made during data entry can also be done through the Application and, where the Application does not allow it, through the technical support whose contact is indicated in the Application.
12.16 The Provider complies with all applicable laws of the Czech Republic; no other codes are binding on the Provider.
12.17 The Provider does not use any means of out-of-court dispute resolution.
12.18 The subject matter of the contract is not the delivery of goods, so the provisions of the law on complaints do not apply to the Application; Liability for obvious or hidden defects of the Application, which the Application had at the time of its access to the User, can be claimed from the Provider under the conditions provided for by law, the contract and these T&C.
12.19 The User is obliged to comply with these T&C and the applicable and effective legislation of the Czech Republic.
12.20 The Consumer may lodge a complaint with a supervisory or state supervisory authority. The Czech Trade Inspection Authority shall handle out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.
13. Final provisions
13.1 The rights and obligations of the Provider and the User regarding the Application and/or arising in connection with the use of the Application not regulated by these T&C shall be governed by the legal order of the Czech Republic, in particular the Civil Code. In the event of a conflict between these T&C and an individual contract concluded between the Provider and the User, the provisions of the individual contract shall prevail.
13.2 Any disputes arising in connection with the use of the Application, the conclusion of mediation contracts and these T&C shall be resolved exclusively under the law of the Czech Republic (excluding conflict of laws rules), before the competent courts of the Czech Republic.
13.3 These T&C are drawn up in Czech and English. In the event of a conflict between the language versions, the Czech version shall prevail.
13.4 These T&C shall enter into force and effect on 1. 8. 2024.
Obalero s.r.o.