For the purposes of this End-User License Agreement:
»Agreement« means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
»Application« or »App« or »Licensed Materials« means the software program provided by the Company downloaded or intended to be downloaded by You through an Application Store’s account to a Device, named KOBI.
»Application Store« means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
»Company« (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to HOPALAI, studio za oblikovanje in razvoj, d.o.o., Ponikve 19, 6210 Sežana, Slovenia.
»Content« refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
»Country« refers to: Slovenia
»Device« means any device that can access the Application such as a computer, a cellphone or a digital tablet.
»Intellectual property rights” or »IP« means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights.
»Family Sharing / Family Group« permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
»Feedback« means any feedback or suggestions that you provide to Hopalai regarding the Licensed Materials or App.
»Third-Party Services« means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
»You«means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By clicking the “I Agree” button and/or downloading and/or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.
This Agreement is a legal document between You and Hopalai and it governs your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
Hopalai grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to install and use the Application on a device for your personal use (the “License”), subject to limitations defined in this EULA. The rights that Hopalai grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms. In all events, your use is for your personal and non-commercial use only. It is understood that if you are a teacher and have downloaded the application, your use is permitted for educational purposes in such a way that students taught by the teacher can also use the application (within its functionalities).
The License becomes effective on the date you accept this Agreement. The License does not grant you any title or ownership in the App.
You may not do any of the following with respect to the Application or any of its parts: (a) use it commercially; (b) copy, reproduce, distribute, display, or use it in a way that is not expressly authorized in this Agreement; (c) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive Source Code from, modify, adapt, translate, decompile, create Derivative Works or disassemble it or make derivative works based on it; (f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use any unauthorized software programs (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (i) use, export, or re-export it in violation of any applicable law or regulation; (j) register domain names, social
media account or related addresses that include Hopalai’s trademark; or (k) remove or alter Hopalai’s trademarks or logos or legal notices included in the Licensed Materials or related assets.
Use of the application is limited to the functionality of the application and to the license granted as outlined above.
The Company is not responsible for the entries, information or content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, to refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Application if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk.
Hopalai own all title, ownership rights, and intellectual property rights in the Application. Hopalai and KOBI are trademarks or registered trademarks of Hopalai and its affiliates in Europe and elsewhere. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries.
If you provide Hopalai with any Feedback, you hereby grant Hopalai a non-exclusive, fully-paid, irrevocable, transferable, sublicensable license to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit that Feedback for all current and future methods and forms of exploitation in any country.
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Hopalai will provide the technical operation of the Application for learning and reinforcing reading and the productive operation of the server service in a 24/7/365 mode. Hopalai will provide updates to the Application as well as security updates for learning and reinforcing reading, adaptation in accordance with new OS versions.
In case there is an option to purchase additional services within the application (in-app purchases), the following rules apply.
Purchases of additional functionalities are also possible if the application allows it.
By signing up for a subscription, You agree that Your subscription will be automatically renewed and, unless You cancel Your subscription, You authorize us to charge Your account for the renewal term. The period of auto-renewal and the price of subscription will be the same as Your initial subscription period and price, unless otherwise disclosed to You at the time of sale. You can manage Your subscriptions in Your app store account settings. You should be aware that deleting the Application from Your device does not always result in the cancellation of Your subscription.
Purchases of additional functionalities are also possible if the application allows it. All rates for in-app purchases are in EUR currency. You should always check the prices in the Application to get the real values of the Virtual Items You want to buy in Your territory.
In-App Purchases are subject to the payment terms and conditions of the mobile platform (e.g. iOS Platform, Android Platform, Windows Platform, etc.) from which You make Your purchase. Hopalai does not control or manage the payment process. Please review the relevant terms and conditions of the applicable platform provider before making any In-App Purchases.
All purchases are final. You hereby acknowledge that Hopalai is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items/subscriptions when an account is closed, whether such closure was voluntary or involuntary.
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
Without limiting any other terms of this EULA, You must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
This app uses ‘Sign in with Apple,’ a feature provided by Apple Inc., for account authentication. By using this feature, you agree to Apple’s terms and conditions.
The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: https://kobiapp.io/en/privacy
By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law (intention and gross negligence are not excluded), the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
The limitation of warranties is valid up to the maximum extent permitted by the Obligations Code of the Republic of Slovenia or other legal sources in the Republic of Slovenia.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 250,00 EUR if You haven’t purchased anything through the Application.
Except for intent and gross negligence in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement).
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Any person who uses the Application represents to Hopalai that they are at least the age of majority under applicable law, or if under the age of majority that they are either an emancipated minor, or possess the legal consent of a parent or legal guardian (or is such consent provided for in the law), and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
The laws of Republic of Slovenia shall govern this Agreement and your use of the Application. In the event of a dispute, the competent courts shall be those according to the Company’s registered office. The parties exclude the application of CISG.
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.
If you have any questions about this Agreement, You can contact Us: