Terms of service

means the web applications available at the domain aponea.com and its subdomains, as well as mobile applications available in the Google and Apple application stores.

means any natural person, legal entity, or sole trader who uses the Platform, browses it, or in any way uses its services or functionalities.

means the variants of account types: Business Account, Specialist Account, and Customer Account.

means an account that may be used by any sole trader or legal entity using the part of the Platform intended for the purpose of providing services to the User as a Service Provider and as the owner of a specific establishment.

means an account that may be used by any natural person, sole trader, or legal entity using the part of the Platform intended for the purpose of providing services as an employee or contractor of a Service Provider who has set up a Business Account.

means an account that may be used by any natural person, sole trader, or legal entity whose aim is to use the Platform to access services provided by Service Providers available in the Platform’s catalogue.

means the company TradeIn IT, s.r.o., with its registered office at Bartókova 7956/2D, 811 02 Bratislava, Company ID No. 47 844 710, which is the owner and operator of the Platform aponea.com.

means the company Stripe Technology Europe Limited, a commercial company providing payment processing services, with its registered office at The One Building, 1 Grand Canal Street Lower, Dublin 2, D02 H210, Ireland, Company Registration Number: 513174, Value Added Tax (VAT) Identification Number: IE 9826384O, licensed and regulated as an Electronic Money Institution in Ireland by the Central Bank of Ireland (Ref. No. C187865).

means all texts, images, photographs, audio or video recordings, and other data made available through the Platform.

means any content uploaded or shared by any User onto the Platform aponea.com, available to other Users.

means content made available on the Platform through a Business Account or a Specialist Account, which is available on the Service Provider’s profile.

are any legal entities or sole traders who register a Business Account for the purpose of providing services.

means the currently valid price list of the Platform’s services and its supplementary services available at www.aponea.com/en/pricing  applicable to the Business Account.

means the currently valid price list of the given Service Provider, which the Service Provider creates in its Business Account.

means the Platform functionality allowing direct text communication between Users.

means codes issued by a Service Provider for obtaining a discount or other benefit, which may be applied when purchasing Partner Services, always in accordance with the relevant promotion terms.

These contractual terms (hereinafter the “Terms”) govern the rules for the use of the Platform. By using the Platform, the User agrees to these Terms, the Privacy Policy, and other rules contained in this document in their entirety. If the User does not agree with the Terms, they must not use the Platform.

To ensure the protection of Users and compliance with applicable legislation, age restrictions and rules apply to the use of the Platform.

The Platform may be used by any natural person over the age of 18.

Persons aged 15 to 18 may use the Platform only with the consent and under the supervision of a legal guardian, and may only create a Customer Account.

Persons under the age of 15 must not use the Platform.

The Operator has the right at any time to cancel or block any Account or Content at its sole discretion.

The Platform must not be used by any person who is a competitor of the Operator. If the Operator discovers this, it is entitled to cancel the account.

These Terms of Use may be amended over time depending on the needs of the Operator or in order to implement changes resulting from applicable legislation. The User will always be informed of such changes, and by continuing to use the Platform the User expresses their consent to the new wording. Amendments to the Terms will not apply retrospectively. Amendments concerning new functionalities, the expansion of existing functionalities, or legislative changes shall take immediate effect. The Operator reserves the right to amend these Terms at any time. The Operator declares that the User will always be informed in advance through the Platform or by other means of communication.

By continuing to use the Platform after amendments to the Terms, the User expresses their consent to the new wording. If the User does not agree, they may no longer use the Platform. If the User uses the Platform for any purpose, this means they agree to the Terms of its use.

To use selected functionalities of the Platform, a User Account must be created. The User is responsible for protecting their password and bears full responsibility for all activities carried out under their Account. In the event of unauthorized access, the User is obliged to immediately contact the Operator. The Operator reserves the right to cancel an Account without prior notice if the User breaches these Terms.

The User undertakes to use the Platform in accordance with the laws of the Slovak Republic and the European Union, with these Terms, and with good morals. The User further agrees to comply with all rules, policies, and instructions published by the Operator on the Platform, in particular in the sections Service Descriptions and Price List. These documents are an integral part of the Terms of Service and may be amended by the Operator at any time. Amendments become effective at the moment of their publication on the Platform.

The User is obliged to regularly review the current wording of these rules in order to remain informed of valid practices and Terms of use of the Platform.

Users are prohibited in particular from:

publishing misleading, defamatory, vulgar, discriminatory, antisemitic, or otherwise unethical information,

spreading spam, unsolicited advertising, or engaging in unethical marketing,

unlawfully obtaining personal data of other persons,

artificially creating or trading reviews,

demanding compensation for the removal of a negative review,

impersonating another person or entity,

uploading content infringing copyright,

using the Platform to publish nude images, pornography, or other illegal content,

copying, modifying, reproducing, translating, or distributing Content without the express permission of the Operator,

using software or other technologies for automated scraping, downloading, or indexing of Platform content,

carrying out activities leading to unreasonable load on the Operator’s systems or the Platform,

interfering with the security of the Platform.

Violation of these rules may lead to the Account being blocked or to other appropriate legal steps by the Operator of the Platform.

The Operator of the Platform undertakes not to sell the personal information of its Users and not to enable advertising between Users, except for ordered and paid advertisements. Anyone who registers a User Account with the Operator of the Platform agrees to receive communications from such Account, which may include marketing information and appointment reminders or other types of communication, including notifications related to the Platform.

The Operator may use your Content in various ways, including displaying it on its websites, editing it, integrating it into other works, creating derivative works, promoting it, and distributing it, as well as enabling other media to do the same.

For these purposes, you grant the Operator a worldwide, perpetual, non-exclusive, royalty-free, transferable, and sublicensable right to use your Content for any purpose. The creator of the Content also grants Users of the Platform and other media platforms the right to access such Content in connection with its use. For that purpose, the creator of the Content waives any claims they might have in relation to moral rights that could otherwise be attributed to them with respect to the Content. “Use” shall mean copying, public performance, reproduction, distribution, modification, and the creation of derivative works from your Content.

The protection of personal data is governed by applicable legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (the “GDPR”).

The User consents to the processing of personal data in accordance with the Privacy Policy available on the Platform.

The fees for using the Aponea Platform for Service Providers are governed by the currently valid Service Price List, available at www.aponea.com/en/pricing. All prices are stated in euros excluding VAT, unless expressly stated otherwise. The Operator is entitled to unilaterally amend the Price List at any time. The Service Provider shall be informed of any change to the Price List in advance, either by e-mail or by other notification.

Fees for Aponea Platform services are invoiced and payable in advance, on a monthly cycle, based on the number of members using the Business Account and Specialist Account, as well as other supplementary services listed in the currently valid Service Price List. Payment is made by payment card (Visa, MasterCard, American Express) or by another method specified in the account. The Service Provider is obliged to maintain current and valid payment details in their account.

Payment services on the Aponea Platform are provided through the Stripe Connect service, operated by Stripe, Inc. (hereinafter “Stripe”). The Aponea Operator acts as a technical platform enabling Service Providers to create and manage their own Stripe account for the purpose of receiving payments from their customers.

The Service Provider acknowledges that the contractual relationship concerning payment processing arises exclusively between the Service Provider and Stripe. In the course of registration and use of the Payment Services, the Service Provider is obliged to accept and comply with the current Stripe terms and conditions, available on the Stripe website www.stripe.com

A fee is charged for payment processing through the Aponea Platform, in accordance with the currently valid Aponea Service Price List published at www.aponea.com/sk/pricing. The Operator is entitled to unilaterally amend the Price List at any time, and the updated Price List becomes effective upon its publication.

The Service Provider is obliged to regularly review the current wording of the Price List.

The Aponea Operator bears no responsibility for:

the accuracy, completeness, and functionality of the Payment Services provided by Stripe,

the content and performance of the contractual relationship between the Service Provider and Stripe,

any damages, losses, or harm caused or allegedly caused by the use of Stripe Payment Services.

The Service Provider irrevocably waives any claims against the Aponea Operator in connection with the provision of Payment Services, as these services are provided exclusively by Stripe. All complaints and disputes regarding Payment Services must be resolved directly with Stripe.

The Operator is not responsible for Content created by Users (Business Account, Specialist Account, or Customer Account), nor for damages caused by incorrect use of the Platform. The User uses the Platform and its functionalities solely at their own risk.

Furthermore, the Operator:

is not obliged to inform Users of the principles of the Platform’s operation,

is not liable for Content created by Users,

is not liable for damages caused by misuse of the Platform,

is not liable for Content of communications and data entered by Users into the Chat,

does not guarantee uninterrupted availability of the Platform.

The creator bears full responsibility for their Content. The creator of the Content assumes the risk associated with its accuracy, quality, and usefulness, as well as the risk of violation of personal data protection if such data are disclosed within the Content. Each User, by creating and publishing Content, confirms that they own or otherwise hold the necessary authorizations to use and subsequently make such Content available as stated herein. It is prohibited to imply that the published Content is in any way approved or endorsed by the Operator of the Platform. If the Content infringes the rights of third parties, including copyrights, trademarks, or patents, or if it contains false, misleading, defamatory, or otherwise unlawful materials, or endangers minors, or violates any applicable laws or regulations, the User who created or published such Content shall bear full responsibility.

The Operator is not a party to contractual relationships between the Service Provider and the Customer, bears no responsibility for the contractual relationships between them, and is not liable for any damages incurred. The Service Provider is obliged to publish in the Content of their Business Account general terms and conditions that, in compliance with applicable legal regulations, govern and define the contractual relationship between the Service Provider and the Customer.

Service Providers are obliged to provide their services in compliance with legal regulations, not to infringe the rights of third parties, and to take into account the status of Customers as consumers. Accordingly, Service Providers are obliged to fulfil all information duties towards consumers who, by placing their order, have expressed their consent to the terms of service provision by the relevant Service Provider.

All logos, texts, graphics, and software that define the Platform are protected by copyright and are the property of the Operator. The User must not:

copy, distribute, or modify the Content of the Platform,

use the content for commercial purposes without the written consent of the Operator.

The use of the Platform’s logo without graphical modifications is permitted solely for the purpose of promoting the Service Provider’s establishment.

In the event of a dispute, the contracting parties undertake to attempt to resolve it primarily through mediation. The mediator will be a person with professional legal qualifications agreed upon by the parties. Mediation shall take place in the territory of the Slovak Republic.

Each party is obliged to provide the mediator with a written statement regarding the subject matter of the dispute and to ensure the participation of a person authorized to bind the party.

If the dispute cannot be resolved through mediation, it shall be resolved in judicial proceedings under the legal order of the Slovak Republic before the competent Slovak court.

The User has the right to contact consumer protection supervisory authorities or submit a motion for alternative dispute resolution in accordance with the applicable legal regulations of the Slovak Republic and the European Union.

The User may cancel their Account at any time, either through the service interface or by written notice delivered to the Operator at dpo@aponea.com.

The Operator reserves the right to block or cancel the User’s Account if these Terms are breached, in the event of unlawful conduct, or for any other serious reason that could endanger the operation or security of the service.

The Operator may, at its discretion, terminate the provision of services without stating a reason, provided that the User is reasonably notified in advance of such termination.

All payments made under these Terms are non-refundable and constitute immediate consideration for the services provided. The User acknowledges that even in the event of early termination of the account or contract, no entitlement to a refund of already paid fees arises.

Upon cancellation or termination of the Account, the Service Provider ceases to provide services to the User. Any services provided after termination shall not be considered an extension of the contract or a waiver of the right to terminate it.

The termination of the Account or contract does not affect rights and obligations that arose prior to the date of termination (e.g., the obligation to pay due fees or the right of the Provider to claim damages).

The Service Provider is solely responsible for any indirect taxes (such as sales tax, VAT, or service tax) on the total value of the service/order provided.

Except for VAT or other applicable sales taxes that are included in the price displayed on the Platform, the Platform does not charge any taxes on orders, because services are provided solely by the Service Provider, not by the Platform. If you order a service through the Platform, you will be provided with a tax document for which the Service Provider is responsible. If you choose to pay at the place of service provision, the tax document will be issued directly by the Service Provider.

If any provision of these Terms proves invalid or unenforceable, this shall not affect the validity and effectiveness of the remaining provisions.

The Operator is entitled to amend these Terms at any time. The new wording is binding from the date of its publication.

These Terms, together with appendices and documents referenced herein, represent the entire agreement between the parties and supersede all previous agreements or arrangements concerning the subject matter of these Terms.

All appendices and references mentioned in these Terms form an integral part hereof.

These Terms are binding upon the contracting parties and their legal successors.

Rights and obligations arising from these Terms may not be transferred to a third party without the prior written consent of the Operator.

These Terms are concluded exclusively between the Operator and the User. No third parties have any rights or claims arising herefrom.

Any notices or communications shall be delivered electronically to the e-mail address specified in the User’s Account or to the Operator’s official address specified in these Terms.

The User confirms that they have read these Terms, understood them, and agree to be bound by them.