Terms of Service for the Use of Websites and Mobile Phone Services of UAB “CYREXA”

General

UAB "CYREXA" (hereinafter referred to as Cyrexa) provides software for mobile devices (hereinafter referred to as the app) enabling users to digitally manage customer cards and receive offers. All contracts regarding Cyrexa’s services are entered with UAB “CYREXA,” Managing Director: Daniel Ko, Email: daniel@cyrexa.com. These Terms of Use govern the legal relationship between CYREXA and users accessing services through CYREXA websites or mobile devices (CYREXA Services).

Scope of Application

These Terms of Use apply exclusively. They remain valid even in the presence of any conflicting terms from users, which will not be accepted unless expressly agreed upon in writing by CYREXA.

Service / Contractual Relationships

1. Users may access CYREXA services on mobile devices after downloading the CYREXA software (web-based and mobile apps) on a paid basis.
2. The services allow storage of customer numbers, displayed as a digitally generated barcode on the mobile device. Users may also view offers from customer card operators in the CYREXA app. CYREXA provides no warranty for the accuracy of these offers.
3. CYREXA services may link to third-party providers where users can make purchases. CYREXA is not involved in the contractual relationships of such transactions, and any queries about purchases should be directed to the third-party provider.

Registration

1. Certain app features require user registration. Multiple user accounts are allowed, but they are non-transferable.
2. Upon registration, users receive a confirmation email to the provided address.
3. CYREXA may refuse registration if there is a valid reason, such as incorrect information.
4. Users must provide complete and accurate information during registration and update this information as necessary.
5. CYREXA reserves the right to delete incomplete registrations after a reasonable period.

Rights of Use of the App

1. Users receive a simple, non-sublicensable, and non-transferable license to use the app under these Terms.
2. The app remains the property of CYREXA; users may use it only for their own activities.
3. Users may not modify the app except for necessary error correction if CYREXA fails to do so upon request.
4. Rights of use extend to any new versions, updates, or upgrades provided by CYREXA during the contract term.
5. Users are restricted from sublicensing, selling, or making the app available to third parties, particularly for paid use, without written approval from CYREXA.

Limited Liability / Availability

1. CYREXA may provide access to third-party information but assumes no responsibility for its accuracy, including product availability and completeness.
2. CYREXA’s liability is limited to cases of intentional or gross negligence, including for breaches by employees or agents. Liability is restricted to foreseeable damage, except in cases of injury or essential legal obligations.
3. CYREXA reserves the right to modify these Terms as needed, without notice, for legal or functional reasons, as well as to discontinue, restrict, or interrupt services.
4. CYREXA does not guarantee specific functionality or suitability of the app for particular user requirements unless expressly stated.

User Obligations and Liability / Transfer of Rights

1. Users must use CYREXA services lawfully and avoid disseminating criminal or rights-violating content.
2. Users are responsible for ensuring all shared content is lawful and does not infringe on third-party rights.
3. Before uploading images, users must confirm rights to use them legally. Users should also secure information shared via CYREXA services, as CYREXA is not responsible for data loss.
4. The CYREXA app is strictly for private use, and users are prohibited from commercializing any content without CYREXA's explicit consent.
5. Users indemnify CYREXA against third-party claims arising from unlawful use due to user misconduct.

Data Protection

Personal data collection, storage, and processing are governed by CYREXA’s separate data protection declaration.

Limited Liability for Illegal Content of Third Parties

1. CYREXA is not obligated to monitor third-party content on its services.
2. CYREXA will remove any unlawful content upon awareness and may block responsible users.
3. Any contracts related to third-party content on CYREXA’s website are between users and the third-party provider, not CYREXA.
4. If users encounter unlawful content on CYREXA services, they are encouraged to report it to CYREXA.

Term and Termination

1. The user relationship begins upon contract conclusion and continues indefinitely.
2. Either party may terminate the contract with 10 days’ notice.
3. CYREXA reserves the right to terminate without notice if the user violates legal regulations or these Terms significantly.

Final Provisions

1. These Terms of Use are governed by European legislation. Users retain rights under the law of their habitual residence.
2. If any provision is deemed invalid, the remaining provisions remain in effect.