Terms and Conditions of Use of the Application
Spievankovo
Last updated: 6/1/2025
Introductory Provisions
Thank you for using the Spievankovo application (hereinafter referred to as the “Application” or the “Services”). The operator of the service and the holder of rights to the Application is Tonada, s.r.o., with its registered office at: Rajtákova 1450/19, 841 03 Bratislava – Lamač District, Slovak Republic, Company ID No.: 45263523, VAT ID: SK2022940348, Tax ID: 2022940348, a company registered in the Commercial Register of the Bratislava III District Court, Section: Sro, File No.: 61902/B (hereinafter referred to as the “Operator”). The Operator is established under the law of the Slovak Republic. The servers hosting the Application are located in the Slovak Republic.
The Application is available through the website at www.spievankovo.sk or as a mobile application “Spievankovo” for Android and iOS platforms.
The Application enables the playback and viewing of musical and multimedia content aimed at teaching English in a playful manner. The purpose of the Application is to support English language education for children through musical and dramatic means. Interactive stories in English, full of music, singing, and dancing, immerse children in the storyline while enabling them to learn a foreign language playfully.
A “User” means a natural person registered with the Operator, who uses the products and services subject to the Application “Spievankovo.”
The Operator is the exclusive holder of copyright to the applications “Spievankovo” and the software. Under Section 6 of Act No. 185/2015 Coll. on Copyright and Rights Related to Copyright (Copyright Act), as amended (hereinafter the “Copyright Act”), the Operator is the sole entity entitled to exercise the author’s economic rights to the Applications and the software.
The “Services” mean making available copyright-protected musical and multimedia content—songs and videos—intended primarily for preschool children to learn English, through the Application.
These commercial and license terms (hereinafter referred to as the “Terms”) constitute an agreement between the User and the Operator and regulate access to and use of products and services provided by the Operator to the User via the Application. To validly conclude the contract on the use of the Application between the User and the Operator, the User must be at least 18 years of age and have full legal capacity.
By using the Application, the User accepts these Terms. If the User disagrees with any of the provisions set out below, they are obliged to refrain from using the Application.
Rules of Use
To use the Application, the User must register and create a user account (hereinafter referred to as the “Account”). During registration, the Operator may request personal data from the User or may obtain such personal data through the User’s personal account on social networks such as Google and/or Facebook (registration/login via Google account or Facebook account).
The registered User is obliged to protect the login credentials to their Account, is responsible for maintaining the confidentiality of such credentials, and is liable for all activities performed through their Account unless the Operator has been duly notified in time of suspected unauthorized use and/or misuse of the Account.
By registering via the web version of the Application on the website www.spievankovo.sk, or by downloading the Application onto their smartphone and subsequently registering, the User expressly and unconditionally agrees with these Terms and Conditions.
Software and License
The User may use the Application via a web browser or by downloading the Application to a smartphone, which constitutes obtaining a permanent copy of the Application on their device for personal use. The Application is freely downloadable from the App Store (iOS) and Google Play (Android) and may automatically update on the User’s device after installation.
The Operator grants the User a personal, non-transferable, free-of-charge, non-exclusive, worldwide license to use the software. The license is granted solely for the purpose of enabling the User to utilize the Services provided by the Operator as permitted under these Terms. A copy of the Application is intended exclusively for the User’s personal use and must not be used for commercial purposes. The web application is likewise intended solely for personal use and must not be used commercially. Breach of these provisions by the User constitutes grounds for immediate termination of the User’s registration in the Application, with which the User expressly and unconditionally agrees. The Operator’s claim for damages against the User remains unaffected.
The User may only use the Services after expressing consent to these Terms and Conditions.
The User is not authorized to alter, modify, amend, reproduce, process, adapt, distribute, translate, decompile, or otherwise modify the Application, nor may they cause or allow any third party to do so. The User may not analyze or test the functionality of the Application in order to determine the principles on which the Application (web or mobile) was created, or any part thereof. Breach of this provision constitutes grounds for immediate termination of the User’s registration in the Application, with which the User expressly and unconditionally agrees. The Operator’s claim for damages remains unaffected.
By registering in the Application, the User does not acquire ownership, nor any proprietary or moral rights to the Application, the software, or any part thereof, but only the right to use the Application under these Terms. By using the Application and Services, the User does not acquire any intellectual property rights relating to the Services or the content accessed. These Terms do not grant the User the right to use any designations, logos, texts, images, data, audio, or audiovisual recordings used in the Services in a manner that infringes or damages the rights of copyright holders or other intellectual property right holders.
In connection with the use of the Services, the Operator may, pursuant to Section 62(3) of Act No. 351/2011 Coll. on Electronic Communications, as amended (the “Electronic Communications Act”), contact the User via calls, emails, or SMS to the contact details provided at registration, for the purpose of direct marketing of its own similar goods and services. Such calls, emails, or SMS may be informational or promotional in nature and originate from the Operator. The User may object at any time by sending an email to obchod@tonada.sk (or another contact specified in these Terms) or by unsubscribing via a link included in each marketing email.
Price of Services and Payment Terms
The Application’s content is available to Users in two versions: a free version with basic services, or a paid version with extended services.
The Operator charges for access to part of the Application’s content under the conditions below, without prejudice to the Operator’s ability to provide access to paid content through other products or through third-party products.
A User who has paid the Fee defined below is referred to as a “Paying User.” A Paying User may view the paid portion of the Application’s content during the subscription period without time limitation, and may also view such content without advertising.
The “Fee” means the amount paid by the Paying User for access to the paid portion of the Application’s content (the “Premium Content”), in the amount of EUR 4.99/month. The Fee can only be paid via iTunes or Google Play, and the amount includes value-added tax (VAT).
The Fee is stated as a monthly service charge (the “Subscription Period”). The total price for the Service is calculated by multiplying the Fee by the number of months during which the Paying User has access. By paying the first Fee, the Paying User agrees that the Service will continue until terminated.
The Fee for subsequent months will be automatically charged from the Paying User’s account 24 hours before the start of the new Subscription Period, with which the Paying User expressly agrees by paying the first Fee.
The Paying User may terminate the Service at any time by disabling automatic renewal in the Application settings no later than 24 hours before the end of the Subscription Period.
The paid Service is usually activated immediately after payment of the Fee, but no later than within 12 hours, and is available only on the device type through which the Fee was paid, via the User’s login to their iTunes or Google Play account.
The Paying User acknowledges and agrees that the Service begins within the specified period. The Paying User further declares that they were duly informed that by granting such consent they lose the right of withdrawal from the contract (Section 7(6)(l) of Act No. 102/2014 Coll.: “The consumer may not withdraw from a contract for the provision of electronic content other than on a tangible medium, if its provision began with the consumer’s express consent and acknowledgment that they lose the right of withdrawal.”).
Privacy Policy
In pre-contractual relationships and in connection with the conclusion and performance of the contract, the subject of which is the use of the Application and Services, the Operator collects information about the User in the following ways:
Information provided by the User when creating an Account. During registration, the Operator may require personal data from the User, such as: name and surname, gender (male, female), residence (street and house number, city, postal code, country), email address, phone number, and date of birth.
The Operator is entitled to collect and process personal data provided by the User to the extent provided by the User for the purpose of using the Application.
The purpose of processing personal data is the provision of the Services under these general terms and conditions, as well as maintaining a database of clients using the Services, keeping records of provided Services, and sending newsletters.
The legal basis for processing the User’s personal data by the Operator is the performance of the service provision contract (for providing the Services), the Operator’s legitimate interest (for maintaining the database of Users and records of Services provided), and the User’s consent, in cases where the law requires the User’s consent for sending marketing information.
Information obtained by the Operator from the use of Services. Information is collected about which Services are used and how the User uses them (e.g., time and manner). This information includes:
Device information (e.g., hardware model, operating system version, unique device identifiers).
Log information: when using the Service or viewing content, certain information is automatically collected and stored. This information includes:
Details of how the User used the Service,
Device event information, such as failures, system activity, hardware settings, environment language, date and time of the request, and the referring URL,
Cookies that may serve as unique identifiers of the User’s Account,
Location and time information through various technologies, such as IP address and GPS location,
Unique application numbers—these numbers may be sent to the Operator along with installation information (e.g., operating system type and application version) during installation or uninstallation of the relevant Service or whenever the Service regularly contacts the Operator’s servers, e.g., for automatic updates,
Device identification through cookies or similar technologies.
Access to and Updating of Personal Data
The User has access to their personal information throughout use of the Services. If the information is incorrect, the User may update or delete it, unless the User is legally required or permitted to retain it. During updates, the Operator may require identity verification. The Operator may reject requests that are repetitive, technically burdensome, threaten the privacy of others, or are impractical (e.g. requests involving backup systems).
The Operator must provide Services in a way that protects information against accidental or intentional destruction. Thus, if the User deletes data, residual copies may not be immediately removed from active servers or backups.
Use and Processing of Collected Information
The Operator uses collected information for:
providing, maintaining, protecting, and improving Services,
developing new Services,
protecting the Operator and Users,
tailoring content to User needs.
The Operator stores communication records with Users to resolve potential issues.
The Operator may use the User’s email address to send service-related information (e.g. upcoming changes or improvements).
Cookies and similar technologies are used to improve user experience and overall Service quality. Automated systems analyze User behavior to adapt Services (e.g. search results, personalized ads).
The Operator processes data on servers located in the Slovak Republic.
External Processing of Information
The Operator does not provide personal data directly to third parties. However, aggregated analytics, statistics, and behavior overviews may be shared in anonymized form that does not allow identification of the User.
Personal information may be shared with third parties only when necessary to:
comply with the law or enforceable governmental requests,
enforce contractual terms (including claims for breaches),
detect, prevent, or address fraud, technical, or security issues,
protect rights, property, or safety of the Operator, Users, or the public, as required or permitted by law.
Security of Information
The Operator uses technical solutions to protect data against unauthorized access, alteration, disclosure, or destruction, including:
encrypting communications with SSL (TLS),
carefully reviewing data collection, storage, and processing practices, including physical security measures,
Access to personal data and confidential information is granted only to the Controller’s employees or, as the case may be, to contractual partners who process personal data and other confidential information on behalf of the Controller, and who are contractually bound by the obligation of confidentiality and non-disclosure
The Privacy Policy applies to Services provided by the Operator and may change. Updates will be posted at www.spievankovo.sk, and Users may be notified by email of material changes.
Modification of Services
The Operator continuously improves Services and may add or remove functions and features, suspend, or discontinue Services entirely. The User may stop using Services at any time.
Liability
The Operator provides Services with due professional care but makes no warranties regarding the Services.
The Operator is not liable for defects caused by the User’s actions or omissions.
The Operator is not liable for damage caused by actions required under generally binding legal regulations.
The Operator is not liable for damage caused by Application malfunction, Account unavailability, or events outside its control.
The Operator is not liable for data loss, financial loss, or indirect, extraordinary, or consequential damages arising from the use of Services.
The Operator is liable only for damage caused by breach of these Terms. The Operator is not liable for data loss or for any indirect, extraordinary, or consequential damages that may arise to the User from the use of the Services.
Total liability is limited to the amount of the Service provided, excluding VAT.
Complaints
Complaints or claims may be submitted in writing to the Operator’s registered office address or via email at info@spievankovo.sk.
A complaint must contain a description of the facts and the User’s requested remedy.
The Operator is obliged to review complaints within the statutory period and, if justified, take steps to satisfy the User’s claims.
Alternative Dispute Resolution
If the User is not satisfied with the handling of a complaint or believes their rights have been violated, they may submit a written request for redress to the Operator at the address or email: info@spievankovo.sk.
If the Operator rejects the request or fails to respond within thirty (30) days, the User may initiate alternative dispute resolution under Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution.
The competent authority is (i) the Slovak Trade Inspection, contact: Central Inspectorate, Department of International Relations and ADR, Prievozská 32, P.O. Box 29, 827 99 Bratislava, or electronically at ars@soi.sk or adr@soi.sk, or (ii) another authorized legal entity registered in the Ministry of Economy’s list of ADR bodies.
Final Provisions
The Operator publishes these Terms on the website www.spievankovo.sk and in the “Spievankovo” mobile application.
The Operator reserves the right to update, change, or supplement these Terms at any time, without requiring prior or subsequent consent from the User.
The Operator shall notify the User of any update at least seven (7) calendar days before it takes effect, either by displaying a notice in the Application or sending an email to the address provided at registration. This fulfills the Operator’s notification obligation.
If the User does not agree to the change, they may terminate the contract by canceling their subscription. The Operator may terminate or restrict the operation of the Application at its sole discretion, and shall notify Users without undue delay via the Application or email.
Any matters not expressly regulated by these Terms shall be governed by the applicable laws of the Slovak Republic.
These Terms and Conditions are valid and effective as of 6/1/2025.