General Terms and Conditions

[Effective] As of October 16th, 2023 until amended or revoked.

1./ [COMPANY DATA]

The data of the company pursuant to Section 4 of the e-Commerce Act:

Name: Apptum Hungary Ltd.

Registered seat: H-1052 Budapest, Deák Ferenc tér 3. II. em.

E-mail: zoltan@apptum.com

Company registry: the Court of Registration of the Capital Court of Budapest, company registration number: 01-09-338308

Tax number: 25309722-2-41

Server Provider: Microsoft Ireland Operations Ltd.

Registered seat: One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland

Privacy policy: https://www.microsoft.com/en-us/concern/privacy

2./ [SCOPE OF APPLICATION]

2.1 These General Terms and Conditions (hereinafter referred to as “GTC”) contain the terms and conditions of the current and any future use of the intelligent online website development platforms provided by Apptum Hungary Ltd. (hereinafter referred to as “Apptum” or “Company”) on its Websites at https://www.heurio.co; https://heurio.app, and a Google Chrome Extension under the trade name of Heurio - UX Check & Visual Feedback Tool, or any future platforms (such as smartphone applications or any other tools, hereinafter collectively referred to as “the Platforms”).

2.2 By registering to the Platforms, the person making the registration (hereinafter referred to as the “User”), acknowledges acceptance of the provisions of the GTC and accepts them as binding. The personal data of the User is processed by Apptum pursuant to the provisions of its Privacy Policy.

2.3 A contract between the parties may be considered as a consumer contract, if the User is a natural person acting outside their profession or business activity (hereinafter referred to as “Consumer”) pursuant to Section 8:1 of the Hungarian Civil Code. The contract is concluded upon the confirmation of the User's registration. The present GTC and the Privacy Policy form an integral part of the contractual relationship, in which the User provides its consent to the processing of their personal data. The current version of the aforementioned documents is available at https://heurio.co; and at https://heurio.app.

2.4 The Company shall have the right to unilaterally amend the GTC at any time by posting it on the Websites 11 (eleven) days prior to its entry into force, which shall be accepted by the Users after further use of the Platforms.

2.5 The Company is a Hungarian legal entity. By using the Platforms, the User acknowledges that Hungarian law should prevail during the usage and any registration to the Platforms. The present GTC is also subject to Hungarian law. Apptum explicitly excludes the application of any foreign laws, except such legal acts which cannot be excluded.

2.6 Hungarian legislation primarily governing this GTC:

• Act V of 2013 on the Civil Code (“Civil Code”)

• Act CVIII of 2001 on certain issues of electronic commerce services and information society services (“e-Commerce Act”)

• Government Decree No. 45/2014 (February 26th) on the detailed provisions of contracts concluded between consumers and businesses ("Government Decree").

3./ [USE OF THE PLATFORMS]

3.1 The aim of the Platforms is to provide Users with website review related tools and solutions.

3.2 The prerequisite for the use of the Platforms is the User Registration, during which the General Terms and Conditions are accepted and the User agrees to the processing of their personal data. Thereafter, the User is entitled to use the Platforms on its own devices. Apptum reserves the right to prohibit any use or abuse of the Platforms by anyone who has infringed its intended use, in particular those who have misused the information contained in the application, or who rendered the use of the application impossible or made any related attempts.

Without Registration the Anonymous Users may have access to data of projects made public by other registered Users, however they cannot make any modifications in these projects.

3.3 During the registration and subsequent use of the Platform, the User may decide to use a higher user level. By selecting a higher user level of the Platform (“Heurio Professional”), the User is entitled to use the extended functionality in addition to the basic functions of the application for the usage fee specified in item 5.2. The extended functions are described in item 4.5. Apptum may provide the User with a trial version of the Heurio Professional subscription plan upon registration.

3.4 The data provided by the User during the registration process and the data provided later in the course of using the Platforms shall be processed in accordance with the provisions of the Privacy Policy. Registration cannot be performed using an email address that has been previously registered in the Platforms for identification purposes.

3.5 Users are specifically restricted from all of the following

• enabling or allowing others to use the Platforms with your login credentials

• using the Platforms in any way that is or may be damaging to the Platforms;

• using the Platforms in any way that impacts user access to the Platforms;

• using the Platforms contrary to applicable laws and regulations, or in any way may cause harm to the Platforms, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platforms;

• using the Platforms to engage in any advertising or marketing

• using the Platforms in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

• using the Platforms in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

• using the Platforms to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

• conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

• Users must ensure that all the information you supply to us through our website, or in relation to the Platforms, is true, accurate, current, complete and non-misleading.

3.6 It is the responsibility of the User to maintain the confidentiality of the password provided upon registration. In order to protect the confidentiality of passwords, the Company will take all the technical measures expectable to prevent their disclosure, but will exclude any liability for damages caused by negligent use or events beyond its control.

3.7 The registration of a User under the age of 18, or with a limited capacity requires the consent of the legal representative or guardian.

3.8 The Company shall have the right to terminate the User's right of access and to cancel their registration and the information recorded by the User in the Platforms without justification and prior notice. The Company reserves the right to change or delete the functions, operation or appearance of the Platforms, or to suspend or terminate the operation of the Platforms any time.

3.9 The Company shall have access to all data provided by the User, except for the user password processed separately. The User agrees that their data will be processed by the Company in an aggregated or anonymized way for statistical purposes or for further development of the Platforms or transferred to third parties as described by the Privacy Policy.

3.10 The Company shall transfer any data identifying the User's registration to third parties or authorities only in the case of the consent of the User provided in a private document with full probative force, or in the cases required by law.

3.11 The User agrees that the Company will send information or notification letters to their registered e-mail address concerning information related to the Platforms. Such notification of the Users is not considered to be advertisement. During registration, the User may give their consent to receiving messages having marketing purposes, in which case the Company can provide regular information to the User about new functions, services and possible promotions available in the Platforms.

4./ [RANGE OF SERVICES AVAILABLE]

4.1 After registration, the User shall have the right to access the Platform operated by Apptum at the user level associated with its subscription plan and upon payment of any possible usage fees. The subscription plans and the Platform are only available online. The subscription plan prices displayed shall be interpreted in the currency indicated (USD) and are exclusive of VAT. In case of Consumers, the displayed prices are also shown inclusive of VAT, however for business Users the net prices are depending on the applicable VAT.

4.2 Upon registering, the User may use the following functions within the scope of the chosen access rights:

4.2.1 Projects: means the total number of created projects by the User on the Platform including active and archive projects as well.

4.2.2 Kanban view: means a view where Users can find their comments in a To Do column and can create new columns to manage their comments in the Project.

4.2.3 Details view: means a view of the Project where comments are ordered by comment number.

4.2.4 Analytics view: means a view of the Project where users can see analytics about the Project data.

4.2.5 Custom guidelines: means the guidelines created by the User on the Platform.

4.2.6 Export: means the possibility to export a Project to .pdf or .csv format.

4.2.7 Public link password: means the password set by the User to protect the access to a Project.

4.3 Apptum currently provides Users with the following user levels (hereinafter referred to as “Subscription Plans”):

4.3.1 Heurio Starter: User Level automatically available for the User after the trial period of the Heurio Professional plan ends and downgrades their Subscription Plan or anytime the user cancels the Heurio Professional plan. Provides access to limited Platform functionality.

4.3.2 Heurio Professional: The user level that may be used by the User after registration in return for a usage fee. It provides access to the extended functionality of the Platform.

4.3.3 Heurio Organization: For organizations, which wish to use the Platform for a higher number of Users, Heurio may provide the possibility of extended features like organization-wide user-, team- and project management or admin permission. To become a Heurio Organization partner of Heurio, please contact Heurio directly (sales@heurio.co).

4.4 The Company determines the prevailing functionality and usage fee available for each Subscription Plan. Apptum shall be entitled to unilaterally modify the Subscription Plans, such as usage fees and available functionality any time. Subscription Plans advertised by Apptum do not constitute a contractual offer or a commitment to enter into a contract with the User and shall be interpreted only as a call for offers.

4.3 Key Features of the Subscription Plans are displayed on the Pricing Page: https://heurio.co/pricing

5./ [USAGE FEE]

5.1 Use of the Free Version does not entail any obligation to pay a usage fee.

5.2 In the case of ordering Heurio Professional, the User is obliged to pay the usage fee as displayed on the Pricing Page [https://heurio.co/pricing].

The User may decide to order Heurio Professional on a monthly, 6-monthly, or annual basis (“Subscription Period”).

The total amount of usage fee includes all costs for the billing period.

6./ [ORDER PROCEDURE]

6.1 In order to place an order for Subscription Plans Users need to register first. The User can register on https://heurio.app/signup. When registering and placing orders, please ensure that your data is accurate, as providing incorrect or old data can make communication difficult and lead to other administrative misunderstandings and incorrect invoicing.

6.2 After registration, the User logs in to their own administrative account created by the registration and selects the Subscription Plan that they wish to order.

6.3 If the User has chosen to use Heurio Starter, they can access the Heurio Starter functions described under item 4.5 after registration after the free, Heurio Professional trial ends

6.4 If the User chooses to order Heurio Professional User Level, the User may initiate its order on https://heurio.app/profile/subscription.

6.5 Payment and invoicing by Paddle Invoicing
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Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. You can easily and safely pay for the selected Subscription Plan by card using Paddle Invoicing. This means that the User will not be invoiced directly by Apptum, but through Apptum’s mandated intermediary, Paddle. As an intermediary, Paddle is invoicing the Users for the usage fee of the Subscription Plan and collects the payment of the User in full, by bank transfer or other agreed payment method. We do not forward customer data - other than the User ID - to Paddle, nor do we receive any bank information from Paddle, except for proof of a successful transaction.

By purchasing a Subscription Plan using any of the said payment methods, You also enter into an agreement with Paddle.com. Your relationship with Paddle is governed by Paddle’s Terms and Conditions available at https://paddle.com/legal-buyers. Further information about Paddle and Paddle Invoicing can be found on https://www.paddle.com/about/why-has-paddle-charged-me.

6.6 Recurring payments
‍
By ordering a Subscription Plan, the User orders the selected Subscription Plan as a recurring order. To ensure recurring payments, the User will have to save its payment details by using Paddle and entitle Paddle to automatically collect the payment for the respective Subscription Period on the first day of the Subscription Period. In case the collection of any recurring payments of the User fails, Apptum may automatically terminate the Subscription of the User and limit the usage rights of the User. Apptum (or Paddle) will automatically charge the User in accordance with the term of their subscription (e.g., each month, 6 months, or year).

6.7 Upgrade and Downgrade of Subscription Period
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In case the User wishes to
‍
- upgrade its Subscription Period, i.e. wishes to change the Subscription Period from monthly to 6-monthly or annual or from 6-monthly to annual (“Upgrade”), or

- downgrade its Subscription Period, i.e. wishes to change the Subscription Period from yearly to 6-monthly or monthly or from 6-monthly to monthly (“Downgrade”)

the User may place an order for the upgraded or downgraded Subscription Period. By upgrading or downgrading the Subscription Period, the original Subscription Plan of the User will be automatically terminated immediately at the date of placing the order for the upgraded or downgraded Subscription Period and the upgraded or downgraded Subscription will be automatically activated on the same day.

In case of an Upgrade or Downgrade the remaining days of the User’s current Subscription will be credited to the User by Paddle. The exact credited amount is calculated by Paddle. The credited amount is not refundable and will be deducted from the Usage Fee of the updated Subscription.

6.8 After the order is placed, you will receive a confirmation by e-mail to your specified email address. This automatic order confirmation does not mean that the Company has accepted the User's offer to conclude a contract, it is only an automatic order confirmation. Please ensure that you provide a correct email address and that your mailbox is ready to receive emails. Our order confirmation may land in the spam folder, so kindly check that as well after placing the order.

6.9 Orders are processed by the Company automatically on a continuous basis or personally on business days (Monday to Friday). The Contract is concluded by the Parties upon the acceptance of the Company, which shall be provided by the Company by activating the Subscription Plan. Until the activation of the Subscription Plan, the Company is entitled to refuse any order without justification, in which case the refunding of the usage fee renders the contract of the parties non-existent.

7./ [SCOPE OF THE CONTRACT]

7.1 Heurio Starter: The Heurio Starter Contract is concluded for an indefinite period and is automatically terminated, and the User's account and data provided upon registration will be deleted if the User does not use the Platform for a full year (does not log in) and does not respond to warning emails sent out on the erasure of its User account . In the case of automatic termination of the contract, the User is entitled to re-register any time.
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Either Party may terminate the Heurio Starter Contract without justification and with immediate effect. Apptum is entitled to unilaterally decide whether the User is entitled to re-register after the termination. Apptum excludes all material liabilities in connection with its termination.

7.2 Heurio Professional: By ordering Heurio Professional, a contractual relationship is established between the Parties for a fixed period of time for the Subscription Period. Termination of the Contract without a justification by the User is excluded, however, Apptum is entitled to unilaterally terminate the Contract, by refunding the proportionate usage fee. In addition to the refunding of the proportionate usage fees, Apptum's further financial liability is excluded in connection with the termination. The User is entitled to request the cancellation of their access and the erasure of their account provided to the Platform any time without any justification, in which case the contract will be terminated and the paid usage fee will not be refunded.

Apptum is entitled to unilaterally terminate the contract without any obligation to refund the User due to any serious breach of contract by the User.

As the order of the Subscription Plans are made as recurring orders by the User, the term of the contract of the User will automatically restart at the day following the last day of the original Subscription Period. The User may Upgrade or Downgrade the Subscription Period at any time. In case the User intends not to automatically restart the contractual term and to terminate the contract, they may terminate the contractual relationship with Apptum until the last day of each Subscription Period for the last day of the Subscription Period. Upon termination of any Subscription Plan, the User is entitled to use the Platform under the Free Version Contract.

7.3 Termination Rights of the Consumer: The Consumer is also entitled to terminate any contract within the time limit specified by law without justification. The Consumer may exercise the right of termination within fourteen (14) days from the date of conclusion of the contract. If the Consumer intends to exercise their right to terminate the Contract, they shall submit their unilateral declaration including its intent to terminate the contract using the template of Annex 2 of Government Decree No. 45/2014 (February 26th) to the Company within the aforementioned period using any of the contact details indicated in item 1 of this GTC (by mail or e-mail). The Consumer shall be deemed to have exercised their right to terminate the Contract by sending a notice of termination to the Service Provider before the expiry of the aforementioned deadline. The Company shall immediately confirm receipt of the Consumer's notice of termination by email and arrange for the termination of the contract. Contact email: support@heurio.co.

If the Consumer terminates the contract in accordance with statutory regulations, the Company shall refund the total amount paid by the Consumer as consideration, including any costs incurred in connection with the performance, if any, as soon as possible, but not later than 14 days after the receipt of the withdrawal of the Consumer or notification thereof. The Company shall apply the same payment method as the payment method used in the original transaction, unless the Customer expressly consents to the use of another payment method. Due to the application of the payment method of the original transaction as a refund method, no additional costs will be borne by the Consumer.

8./ [RESPONSIBILITIES]

8.1 The Company does not take any financial responsibility for the permanent functionality of the Platforms..

8.2 The use of the Platforms beyond website design, development, marketing, product or project management purposes is prohibited without the consent of Apptum. Any damage caused by such use is excluded from Apptum's liability.

8.3 Liability for defects

Please be advised that due to the fact that the Platforms can be used for free the User is not entitled to exercise their right to compensation under the liability for defects in case using the Free Version (according to Para 6:159 of the Civil Code).

In case the User is using the Platform by ordering Heurio Professional the User is entitled to exercise their rights under the liability of defects. The User’s rights are the followings:

• In which case are you entitled to exercise your right to compensation under the liability for defects?
In the event of a faulty performance of the Company, you may enforce a claim against the Company in accordance with the provisions of the Civil Code.

• What rights do you have based on your compensation claim under the liability for defects?
You have the following options to exercise your right to enforce the liability for defects at your sole discretion:
You may request a repair or replacement unless the fulfillment of any of the requirements you choose is impossible or would result in a disproportionate additional cost for the Company compared to meeting your other claims. If you did not or could not request repair or replacement, you may claim a proportionate discount of the consideration or you may have the fault repaired at the expense of the Company, or as a final solution, may withdraw from the contract.
You can also switch from your chosen liability for defects to another, but you will bear the cost of the transition, unless it was justified or you had to do so because of the Company.

• What is the deadline for enforcing the liability for defects?
You must announce the error immediately after discovering it, but not later than within two months of the discovery. At the same time, please note that you may not enforce your rights for liability for defects beyond the two-year limitation period after the performance of the contract.

• Where to submit your claim for liability for defects?
You can enforce your claim for liability for defects against the Company.

• What other conditions are there for enforcing the claim for liability for defects?
Within six months of completion, the claim for liability for defects is not subject to any conditions other than sending a notification on the fault and certifying that the product or service was provided by Apptum. However, after six months of completion, you are required to prove that the fault you have detected was already present at the time of completion.

8.4 Product Warranty Information

Please be advised that due to the fact that the Company does not sell movable properties, it has no product liability.

8.5 The Company excludes all liability for the behavior of the Users during the use of the Platforms.

8.6 The Company excludes any liability for any behavior during the use of the Platforms that violates the security of the information systems used by the Users, in particular the use of computer viruses and other devices capable of causing damage, unauthorized access to, destruction of, damaging and disclosure of personal and other data held by the Company.

Damage caused by or in connection with such behavior is the sole responsibility of the person expressing such behavior. At the same time, the Company shall make all reasonable technical efforts to prevent unauthorized access to the database of the Platforms it operates.

8.7 The Company shall exclude liability for any failure for any reason beyond its control, which temporarily, permanently or finally obstructs or derails the achievement of the Platforms’ objective. The Company is entitled to temporarily suspend the continuous availability of the Platforms for updates or in the event of a server failure, without compensation.

8.8 The Company excludes all liability for the conduct of the Users during the use of the Platforms (especially for the publishing of derogatory, discriminative comments or notes on the Platforms).

8.9 The Company excludes any liability for any damage resulting out of faults or malfunctions.

8.10 The Company reserves the right to limit, suspend or terminate the availability of the Platforms.

9./ [COPYRIGHTS AND IP RIGHTS]

9.1 Use of the Company’s logo and trademarks is subject to prior consent.

9.2 Any material received from the Platforms and its database may only be referred to by mentioning the Company as a source of the information.

9.3 The Company maintains all of its rights to all aspects of its Platforms, in particular its source code, the name of the Platforms and its domain names, the secondary domain names and its Internet advertising solutions.

9.4 It is prohibited to adapting or decrypt the contents or parts of the Platforms, to use any applications capable of modifying or indexing the Platforms or any part thereof.

9.5 The brand name Heurio, https://heurio.co; https://heurio.app websites and “Heurio - UX Check & Visual Feedback Tool” Google Chrome Extension name are protected by copyright and may be used only by the written consent of the Company.

9.6 Other than the content you own, under these Terms, Apptum and/or its licensors own all the intellectual property rights and materials contained in the Platforms. The Users are granted limited license only for purposes of viewing the material contained on the Platforms.

10./ [MARKETING AND PUBLICITY]

10.1 Client may state publicly that it is a Heurio customer and display Heurio Brand Features. Apptum may (a) orally state that Client is a Heurio customer and (b) include Client’s name or Client’s Brand Features in a list of Heurio customers in Apptum’s promotional materials. A party may revoke the other party’s right to use its Brand Features with written notice to the other party and a reasonable period to stop the use.

10.2 To the extent that Client or any of the Users of the Client’s Organisation gives Apptum feedback, comments, or suggestions concerning the Platforms or other services provided by Apptum (“Feedback”), Client hereby grants Apptum a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, fully paid license to use and exploit the Feedback without payment, attribution, or restriction. The portions of Feedback that are about the Platforms and do not identify the Client or the User will not be considered Client’s Confidential Information.

11./ [COMPLAINT HANDLING]

11.1 In the event of any user complaint, the Parties are obliged to conduct negotiations to reach an agreement and prevent legal disputes.

11.2 User complaints may be submitted to hello@heurio.co by e-mail or by mail at the address of the Company's registered seat. In order to settle a user complaint submitted in this manner, the Company shall take substantive action or send a reply within 30 days upon receipt.

11.3 In matters not governed by the complaint procedure, Hungarian law shall be applicable to the settlement of any disputes between the Parties. The Parties stipulate the exclusive competence of Hungarian courts. Based on the competence of the court the II and III District Court of Budapest or the Regional Court specified as generally competent court in the Code of Civil Procedure should settle any disputes between the Parties.

11.4 As an alternative dispute resolution method, Consumers have the right to initiate conciliation board proceedings.

11.5 Consumers can also use the online platform established under Regulation (EU) No 524/2013 of the European Parliament and of the Council to settle consumer disputes online. The platform is available under http://ec.europa.eu/odr where you can make complaints.

This document will not be filed, it will only be concluded electronically, will not be retrieved later, will not refer to a code of conduct. Do not hesitate to contact us in case of questions related to the operation and ordering process of the Platforms. 

Dated: Budapest, October 16th, 2023

Apptum Hungary Ltd.