Terms and Conditions

These Terms govern

the use of Listek, and,
any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Listek has been provided to them via the Apple App Store or Google Play Store, Apple or Google may enforce these Terms as a third-party beneficiary.

Listek is provided by:
Fotografija in video, Žiga Plahutar s.p., Kamenče 5b, 3314 Braslovče, Slovenia

Owner contact email: info@listekapp.com

Data Usage

Listek does not share or sell user data to third parties. Listek collects aggregated and completely anonymized data, for research purposes if such research can help us provide our users with better services or improve the app’s functionality. We also reserve the right to use aggregated, statistically reworked, and/or anonymized user data, which cannot be reasonably used to identify you, to publish research that contributes to open science.

Recreational Purpose

Listek is not a medical app and is not intended for medical purposes of any kind. Our analysis of your activity, lifestyle data, or any tracked input is intended to be used for recreational purposes only, to help you live a healthier and more organized life. It should not be assumed to be exceptionally accurate and cannot be used for any medical purposes or to diagnose, treat, cure or prevent any disease or condition.

What the User should know at a glance

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
Some provisions may only apply to certain categories of Users. Such limitations are always explicitly mentioned within each affected clause. In the absence of such mention, clauses apply to all Users.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using Listek.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Listek, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
Users aren’t listed on any U.S. Government list of prohibited or restricted parties.

Content on Listek

Unless otherwise specified or clearly recognizable, all content available on Listek is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Listek infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Listek – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Listek, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on Listek, the User may download, copy and/or share some content available through Listek for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to Listek.

By providing content to Listek, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on Listek they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Listek as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Listek.

Users acknowledge, accept and confirm that all content they provide through Listek is provided subject to the same general conditions set forth for content on Listek.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through Listek.

Users acknowledge and accept that the Owner does not filter or moderate such content.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Listek.

Access to external resources

Through Listek Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Listek and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Listek and/or the Service violates no applicable law, regulations or third-party rights.

The Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Listek or the Service, terminating contracts, or reporting any misconduct performed through Listek or the Service to the competent authorities whenever Users engage or are suspected to engage in prohibited activities.

Liability and indemnification

(Here you can keep the same detailed sections for Australian Users, US Users, and EU Users as in the original, since they apply broadly and are not linked to payments/subscriptions.)

Common provisions

(Sections on No Waiver, Service interruption, Service reselling, Privacy policy, Intellectual property rights, Changes to Terms, Assignment of contract, Contacts, Severability, Governing law, Venue of jurisdiction can remain structurally identical, just replacing the name with Listek.)