Terms and Conditions

• for the faabul.com website available online at faabul.com
• for the Faabul mobile app available for download on Google Play and App Store (hereinafter referred to as the "Application")

Introductory Provisions

By using the Application, you affirm that you are at least 18 years old and have the legal capacity to use the Application, or that you are at least 12 years old and have obtained a parental or a guardian consent to enter into these terms.

By using the application, you agree to these terms and conditions. If you do not agree to these terms and conditions, you may not use the Application.

Application Operator

The Application is operated by Yomio s.r.o., company identification number: 01476319 (hereinafter referred to as "Operator"), with its registered office at

Yomio s.r.o.
Za Parkem 631/14
621 00 Brno
Czech Republic, Europe

Application Content, Functionality and Availability

Content, functionality and platform availability of the Application is subject to Operators will and may change without notice.

You acknowledge that the Application may not be available continuously, in particular with regard to necessary maintenance of hardware and software equipment, network availability or necessary maintenance of third party services.

User Account and Security

You may need to create an Account. User data tied to the Account include, but is not limited to quizzes, media, events and participation history. Account is created and secured using a e-mail address and password or a third party identity provider, such as Apple or Google.

You are solely responsible for the security of your password (if configured) and/or security / availability of third party identity provider that you use with your Account.

You acknowledge that the Account will become inaccessible in case your chosen third-party identity provider or your e-mail address can no longer be used to verify your identity. In this case, you will be unable to access the Application and your data.

You may cancel your account at any time. If you cancel your account, your data will consequently be irreversibly deleted and become inaccessible. The deletion occurs within 30 days of the cancellation.

Acceptable Use Policy

You agree to use the Application only for lawful purposes. Furthermore:

You may not:

• Reverse-engineer, de-compile, disassemble, modify the Application
• Copy, reproduce or create derivative works from the Application's content, except where specifically permitted or where such restriction is expressly prohibited by applicable law.
• Crawl or scrape the Application or its content, whether manually or by automated means.
• Sell, rent, sublicense, lease the Application or its content

The content you create may not:

• Be illegal, or intended to promote or commit an illegal act of any kind.
• Violate intellectual property rights, privacy rights, publicity rights.
• Expose confidential, personal or proprietary information of a third party.
• Includes malicious content such as malware.
• Contain adult content, including but not limited to pornography, sexually explicit material, or any content intended for adult audiences.
• Request or prompt other users to insert personal data, including but not limited to email addresses, or phone numbers.

Failure to comply with the Acceptable use policy may result in removal of affected content and / or termination of the User's account and / or being subject to civil or criminal liability.

Operator reserves the right to execute the above without any prior notice. Operator determines in Operator's sole opinion whether the user is in breach of the Acceptable use policy and the resulting action.

User Generated Content

All User generated content must comply with the Acceptable use policy outlined above. You will indemnify the Operator against any material originating from you that is carried out in breach of this clause.

Due to the nature of the service which is to share the content, all user generated content will be treated as non-confidential and non-proprietary.

Operator shall not be responsible, or liable to any third party, for the content or accuracy of any materials posted by the User.

Premium Subscription

You have the option to subscribe to the Application on a free choice basis. The subscription allows use of premium functions of the Application for the duration of the subscription and is tied to the User's Account. Subscription can be purchased online through the Operator's website or platform specific store, such as Google Play or Apple App Store. After subscribing, premium features are available across all platforms (where implemented) provided the same User is logged in.

Unless otherwise stated, the subscription automatically renews for the next term. You may cancel the subscription at any time. In the event of cancellation, you are considered a subscriber until the subscription period expires and you are entitled to enjoy the benefits of the subscription. If you do not wish to be a subscriber for the next period, you must cancel the subscription no later than 24 hours before the subscription period expires, using the same channel the subscription was purchased with, otherwise the Operator cannot guarantee cancellation of the subscription for technical reasons.

Please note that the Operator has no control over the subscription purchased through a platform specific store, such as Google Play or Apple App Store and cannot cancel it for you.

Refund Policy

We strive to ensure satisfaction with your purchase of our Application's premium subscription. The following refund policy applies:

Eligibility for Refund

• Refunds for the premium subscription may be requested within 14 days of the purchase date.
• Refunds are only eligible for the first purchase of a subscription and cannot be claimed for subsequent renewal payments.
• You must not have substantially used the premium features offered in the subscription to be eligible for a refund.

Process for Requesting a Refund

• To request a refund, please contact us at info@faabul.com with your account details, the date of purchase, and the reason for requesting a refund.
• All refund requests will be reviewed on a case-by-case basis. We reserve the right to approve or deny refund requests at our discretion, in accordance with the eligibility criteria and the terms of service.

Platform-Specific Refund Policies

• If you purchased the subscription through a third-party platform (e.g., Google Play Store or Apple App Store), you must follow the refund policies and procedures of the respective platform. The Operator does not have control over and cannot process refunds for purchases made through third-party platforms.

No Refunds for Partial Subscription Periods

• Once approved, refunds will be processed for the full amount of the purchase. There are no refunds for partially used subscription periods.

Changes to the Refund Policy

• The Operator reserves the right to modify this refund policy at any time. Any changes will be effective immediately upon posting the revised policy in the Application's Terms and Conditions.

Fair Use Policy

This Fair Use Policy is established to ensure that all users of the Application have a fair opportunity to enjoy the services provided, particularly the AI Assist feature. It aims to prevent misuse or overuse of the Application's resources, ensuring a sustainable and efficient experience for all users.

Restrictions on Misuse

Users are prohibited from misusing the Application's services. Misuse includes, but is not limited to:

• Any form of automation that interacts with the Application in a manner not intended by the Operator.
• Attempts to bypass or disable any features or limitations of the Application.

AI Assist Usage

The AI Assist feature is designed exclusively to aid users in creating quizzes. Users must adhere to this intended purpose. The following uses are considered inappropriate:

• Utilizing AI Assist for any purpose other than quiz creation.
• Repurposing AI Assist outputs for commercial gain outside the scope of the Application.

Usage Limitations

To ensure equitable access to all users, the following limitations are applied to AI Assist:

• Each user is allowed sufficient usage to create at least 50 quizzes per month under normal circumstances.
• Once a user reaches their usage limit, further access to AI Assist may be restricted or blocked until the start of the next billing period.

Adjustment of Limitations

The Operator may, at its discretion, modify the usage limitations of AI Assist based on evolving service capabilities and user needs.

Privacy Policy and Data Protection

The privacy policy of the Application is governed by a separate document available online at faabul.com/en/privacy-policy.

Limitation of Liability

The Operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Application;
• Any conduct or content of any third party on the Application, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
• Any content obtained from the Application; and
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The total liability of the Operator, for any claim under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Application or the service that is the subject of the claim.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, the Operator's liability is limited to the greatest extent permitted by law.

Warranties and Disclaimers

The Operator provides the Application on an "as is" and "as available" basis. The Operator makes no representations or warranties of any kind, whether express or implied, as to the operation of the Application or the information, content, materials, or products included on the Application.

To the full extent permissible by applicable law, the Operator disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Operator does not warrant that the Application, its servers, or email sent from the Application are free of viruses or other harmful components.

The Operator will not be liable for any damages of any kind arising from the use of the Application, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Links to Third-Party Websites or Services

The Application may contain links to third-party websites, services, or resources that are not owned or controlled by the Operator. These links are provided for your convenience only and do not imply an endorsement, sponsorship, or approval by the Operator.

Disclaimer: The Operator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, services, or resources. You acknowledge and agree that the Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. This includes understanding how they collect, use, and share your information, as well as understanding your rights and obligations with respect to such third-party websites or services.

By using the Application, you expressly relieve the Operator from any and all liability arising from your use of any third-party website, service, or resource. Your interactions with organizations and/or individuals found on or through the Application, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

Linking Policy: You may link to the Application provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Operator reserves the right to request the removal of any link to the Application at its sole discretion.

Termination of Service

The Operator reserves the right to terminate or suspend your account and access to the Application at any time, with or without cause, with or without notice, effective immediately. Causes for such termination may include, but are not limited to:

• Breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines;
• Requests by law enforcement or other government agencies;
• Discontinuance or material modification to the Application (or any part thereof);
• Unexpected technical or security issues or problems;
• Engagement by you in fraudulent or illegal activities.

Furthermore, you agree that all terminations for cause shall be made in the Operator's sole discretion and that the Operator shall not be liable to you or any third party for any termination of your account or access to the Application.

Removal of Inactive Accounts

An account is considered "inactive" if it has not been accessed or used for a period of 12 months. The Operator reserves the right to remove or deactivate inactive accounts. Prior to such removal or deactivation, the Operator will attempt to notify the account holder at their provided email address, advising them of the impending action and providing them an opportunity to reactivate their account.

Upon removal or deactivation, all data associated with the inactive account may be deleted and cannot be recovered. It is the responsibility of the user to ensure that their account remains active by regularly accessing and using the Application.

This policy is in place to help ensure the security and efficient operation of the Application, and to free up resources and storage associated with unused accounts.

Other Rights and Obligations

The Operator is not bound by any codes of conduct in relation to the User within the meaning of § 1826 par. 1(e) of the Civil Code.

Consumer complaints are handled by the Operator via the e-mail address info@faabul.com. The Operator shall send information on the handling of the User's complaint to the User's electronic address.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 00020869, Internet address: adr.coi.cz, is competent for out-of-court settlement of consumer disputes. The online dispute resolution platform located at ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

The Operator is authorized to operate the application on the basis of a trade license. Trade control is carried out by the competent trade licensing authority within its competence. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.

Final Provisions

The Operator may change or supplement the Terms and Conditions at any time. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

The legal relationship between the operator and the user is governed by Czech law. The choice of law pursuant to the preceding sentence does not deprive the user, who is a consumer, of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

If a provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

Seller's Contact Details

Delivery address: Yomio s.r.o., Za Parkem 631/14, 621 00 Brno, Czech Republic

VAT number: CZ01476319

E-mail address: info@faabul.com

Official company data box id: `edtsg5h`