TERMS OF SERVICE
Company name: CollaboWrite Betéti Társaság Abbreviate company name: CollaboWrite Bt.
Registered office: 1111 Budapest, Egry József utca 24. 2nd fl. 11.
Company registration number: 01-06-797095
Court of registration: Metropolitan
Court of Budapest as Court of Registration Tax number: 27469695-2-4
Statistical code: 27469695-6201-117-01
The Service Provider acknowledges that it operates the Website, the Service available through this site and the App.
The Terms set out the terms and conditions of use of the services available to the Author through the Website and the App, and the regulations applicable to the Parties.
English is the language of the Website and the App.
The Terms are effective as of 22. August, 2022.
The Terms apply to the Service Provider and the Author. The provisions of the Terms shall apply to the relationship between the Service Provider and the Author.
The Terms set out the rights and obligations of the Service Provider and the Author in the provision and use of the Service.
The Service Provider is unilaterally entitled to amend the Terms.
Amendments to the Terms shall enter into force upon publication on the Website or the App.
The Service Provider shall publish and make the applicable Terms available on the Website and on the App.
The Service Provider provides the following Services to the Author:
Authors (Users) registered on the Website (or on the App) can continue each other's stories, or start a new one to be continued by others – the story snippets are then combined into a complete story;
if the copyright of the entire story created on the Website (or on the App) is transferred by the Service Provider to a third party, the Service Provider will share a part of the consideration for the copyright between the Users who edited the story in question, as set out in Section 10.3.
The Author is any natural person over the age of 14 who has registered through the Website (or the App).
By registering on the Website (or on the App), the Author accepts these Terms and acknowledges that he/she is bound by its provisions and the terms and conditions of use of the Website (or the App).
The contractual legal relationship between the Service Provider and the Author is established by the registration on the Website (or on the App), by the inclusion of the text edited by the Author on the Website (or on the App), as an implicit conduct. Registration on the Website (or on the App) does not in itself create a contractual relationship between the Service Provider and the Author.
No written contract shall be concluded between the Parties and shall not be recorded separately by the Service Provider.
English is the language of the contract.
Without registration, the Website’s (or the App’s) viewers are only granted the right to browse the Website (including the App) and view the stories published on the Website (or the App). Unless registered, the Service cannot be used, so registration and the creation of an "Author Profile" is necessary to add a story on the Website (or App).
When registering on the Website, the Author creates a profile for himself/herself, which requires the creation of a username and password. The Author may create only one profile, and in case of violation of this requirement, the additional profiles will be deleted by the Service Provider. During registration, providing the following information is mandatory: (i) e-mail address, (ii) name, (iii) date of birth. By registering, the Author declares that the data provided by him/her are true and correct. The Service Provider will send the Author an e-mail confirmation of the
successful registration. The Author will be able to access his/her profile after confirmation using any of the listed methods in the confirmation e-mail.
By creating a profile, the Author acknowledges that he/she accepts the Terms and agrees to be bound by them.
The Author shall have the right to create stories on the Website (or App) after registering on the Website (or App) and creating a profile. He/she may use the Service Provider's Service after logging into his/her profile.
The Author may also delete his/her profile on the Website, including the registration. The Service Provider may delete the Author's profile in the event of a breach of Section 7.2.
The following user accounts are different in the Author profiles:
User – the basic user account allows the user to add to stories and start new stories, but only to a limited extent and free of charge.
Pro and Master – higher level user accounts, which give the user wider access than a User account, with special features, without advertising, and for a service fee.
The Author accepts that both a complete story and individual passages may be marked as objectionable by any user using the "Report!" function. The Service Provider will review the submitted notifications within 72 hours and will take the necessary action and inform the notifier. If at least 10 different authors have complained about the same piece of text within 24 hours, an investigation will be launched and the whole story will be blocked during this period. Blocked stories cannot be read, and visitors are informed about the status when they access the page.
The Author should use English language when writing stories, and strive to be respectful of others. Hateful, inflammatory behaviour is not acceptable when it comes to writing stories. Inappropriate language, racism, insulting others, etc., is prohibited in stories, unless it is an important part of the story.
Spamming of messages, explicit or implicit advertising and direct promotion of other products in stories is also prohibited.
Subscribers of Pro and Master accounts may purchase their Subscription directly from the Service Provider or through an external party (e.g. PayPal, ApplePay) on a monthly basis, with prepayment.
When an Author purchases Services (a “Subscription”), the user expressly authorizes the Service Provider or the third-party payment processor to charge the user for such Services. The user represents and warrants that he/she has the legal right to use all payment methods that he/she provides to us.
In the event that an Author fails to pay the full amount owed to the Service Provider, the Service Provider may limit the Author’s access to the Services, in addition to any other rights or remedies the Service Provider may have.
All pricing plans involve recurring fees (each, along with any applicable taxes and other charges are a “Subscription Fee”). Depending on which options an Author chooses, those fees may recur each month, quarter or year thereafter, at the then-current rate.
By agreeing to these Terms and purchasing a Subscription, the Author acknowledges that the Subscription has recurring payment features and accept responsibility for all recurring payment obligations prior to cancellation of the Subscription. The Service Provider (or the third party payment processor) will automatically charge the Author in accordance with the term of the Subscription (e.g., each month, quarter, or year), on the calendar day corresponding to the commencement of the Subscription using the payment information provided.
In the event the Subscription begins on a day not contained in a later month, the payment method will be charged on such other day as the Service Provider deems appropriate. For example, if a monthly Subscription started on 31 January, the next payment date is likely to be 28 February, and the payment method would be billed on that date. The Service Provider may also periodically authorize the payment method in anticipation of applicable fees or related charges.
The Subscription continues until cancelled by the Author or the Service Provider terminates the Author’s access to use the Services or the Subscription in accordance with these Terms.
The Author may cancel the Subscription at any time. Such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, the Author will not receive a refund of any portion of the Subscription Fee paid for the then-current Subscription period at the time of cancellation.
To cancel, the Author can either (i) send an email to firstname.lastname@example.org and follow any instructions the Service Provider provides in response to the cancellation request, or (ii) for some kinds of Subscriptions, initiate a cancellation through account settings within the Services. The Author will be responsible for all Subscription Fees incurred for the then-current Subscription period. Cancelling the Subscription will not terminate the Author’s account.
The Service Provider may change the price of the subscriptions from time to time, subject to prior notification to the Author.
The tax rate is based on the subscription fee at the time of the monthly payment. These amounts may change over time, in accordance with any changes to the local tax liabilities of the Author's country, state, region or even city. The tax rate may change automatically based on the account information provided by the Author.
The Service Provider acquires the exclusive and unrestricted right to use the stories, story excerpts (works) - including the complete stories - written by the Author on the Website (or on the App). The Author grants the Service Provider permission to use his/her work without remuneration, waives any right to assert claims in connection therewith, and expressly assigns his/her copyright to the Service Provider in its entirety.
If the copyright in any of the works published on the Website (or on the App) is transferred by the Service Provider for consideration, the consideration shall be due to the Service Provider as follows:
The Service Provider shall distribute an amount equal to the amount of 10% of the proceeds from the transfer of the copyright of the work published on the Website (or on the App) to the Authors who contributed to the creation of the work, in proportion to the number of characters written by the Authors.
The Website (or the App) is available 24 hours a day, except in cases of force majeure or events beyond the control of the Service Provider.
Maintenance or updates may be necessary for the proper functioning of the Website (or the App) or the provision of the Service.
The Service Provider shall not be held liable for the content published by the Author on the Website (or on the App).
The Service Provider shall not be liable for the malfunction of the Website (or the App), including its possible unavailability.
The author shall be held liable for the accuracy of the data provided during registration.
As the data controller, the Service Provider shall process the personal data provided by the User during the registration on the Website (or on the App) in accordance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as: GDPR) and the provisions of Act CXII of 2011 on the Right to Informational Self-Determination and on the Freedom of Information.
The personal data provided by the Author may be accessed by the Service Provider or by data processors involved in the performance of the Service in order to carry out their tasks, and the data shall be treated confidentially in accordance with the internal rules and procedures of the Service Provider in force at any given time.
The failure of the Service Provider to exercise or enforce any right shall not constitute a waiver of such right.
The Service Provider shall not be subject to the provisions of the Code of Conduct.
If any provision of these Terms is or becomes invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these Terms. The Parties shall replace the invalid or unenforceable provision with a provision that is as close as possible to the purpose of the original provision.
The governing law for the legal relationship of the Parties shall be Hungarian law. All matters not regulated in the Terms shall be subject to the provisions of the Hungarian Civil Code and other applicable Hungarian legislation.
The parties shall resolve any disputes arising in connection with this contract primarily by amicable means through conciliation negotiations. If this is unsuccessful, and the Parties' dispute is not settled by the Pest Central District Court, the Metropolitan Court of Budapest or the Budapest District Court, the Parties shall submit to the jurisdiction of the Budapest II and III District Court.
Dated: Budapest, 22 August 2022.