1 INTRODUCTORY PROVISIONS
1.1 The provider and operator of the MATSUKO application is the following company:
Business name: MATSUKO s.r.o.
Registered seat: Tomášiková 17, Košice - mestská časť Sever 040 01, SR
BIN: 35 886 498
TIN: 2121883918
Registration: Commercial register of the Municipal Court of Košice, Section:Sro , Insert no.: 26609/V
E-mail: office@matsuko.com
(hereinafter referred to as the Company )
1.2 The Company has developed the MATSUKO application, which allows users to carry out
various types of holographic communication with each other through compatible devices
(hereinafter referred to as the Application). More information about the Application is
available on the Company's website https://www.matsuko.com/ (hereinafter referred to as
the Website ).
1.3 Please read the terms of this End User License Agreement (hereinafter referred to as the EULA) carefully before installing the Application.
1.4 This EULA governs:
(i) the legal relationship between the user who installs and uses the Application as an
individual end user (hereinafter referred to as the User ) and the Company; and
(ii) the conditions under which the User is authorized to use the Application.
2 CONCLUSION OF EULA
2.1 By clicking on the designated button "I agree with the EULA" during the installation of the
Application, the User acknowledges and accepts this EULA. This act constitutes a valid and
binding acceptance of this EULA by User.
2.2 If the User does not agree to the terms of the EULA, the User is not authorized to download, install and use the Application.
2.3 This EULA can be entered into by User who is a legal person or a natural person -consumer (hereinafter referred to as the Consumer) who is at least 16 years old.
3 USING THE APPLICATION
3.1 In order to utilize the Application, the User must download and install the Application on its device. Additionally, the recipient to whom the User has sent or shared the holographic
message created in the Application must also download and install the Application.
3.2 The Application can only be installed on devices that are listed as compatible on the Website. For a list of compatible devices, please visit this link https://www.matsuko.com/ under supported devices. If the User’s device is not compatible, the User will be unable to download and install the Application.
3.3 The Application can be downloaded from various sources, including the App Store, Google Play Store or other stores specifically designed for compatible devices.
3.4 To ensure the proper functioning of the Application, the User must have internet access on her/his device.
3.5 The User represents and agrees that he/she is solely responsible for the use of the
Application.
3.6 The User may only use the Application for its intended purpose and in a manner consistent with appropriate usage.
3.7 The User is obliged to comply with both this EULA and applicable laws while using the
Application.
3.8 The User acknowledges and agrees that any violation of this EULA or applicable laws may result in termination of his/her access to and use of the Application and termination of the EULA by the Company pursuant to paragraph 12.2 of the EULA.
4 GRANT OF LICENSE
4.1 The Application, along with any content on the Website, is protected by copyright, trade
name and trademark protection rights. The Company is the exclusive owner and is authorized to exercise of the authors' economic rights to the Application in accordance with the Slovak Act no. 185/2015 Coll. Copyright Act (hereinafter referred to as the Copyright Act ). The Company has the authority to grant consent for the use of the Application. In the event of unauthorized use of the Application or any content on the Website, by any person without the Company’s written consent, the Company is entitled to take necessary measures to protect its rights and legitimate interests. This includes seeking relief from unauthorized copyright infringement, removal of such infringement, seeking damages, and seeking release from unjust enrichment.
4.2 Upon the User’s acceptance of this EULA as stated in paragraph 2.1, the Company grants the User permission to use the Application in accordance with the terms and conditions set out below (hereinafter referred to as the License):
4.2.1 Manner of using the Application: The User is authorized to use the Application
exclusively for the purpose of holographic communication with other Users.
4.2.2 Scope of the License:
▪ material restrictions: the User may use the Application only for his own and non-
commercial purposes and on his/her own devices;
▪ territorial restrictions: The License is territorially unlimited.
4.2.3 License term: The License is granted for an indefinite period of time.
4.2.4 Remuneration: The License is granted free of charge. The User acknowledges and
agrees that the Company shall be entitled, at its sole discretion, to decide at any time
to charge a fee for the use of the Application.
4.2.5 The License is non-exclusive . The Company shall be entitled to grant the License to
any other User.
4.3 The User is not authorized to interfere in any way with the content or technical parameters of the Application, to interfere with the security of the Application and to make any modifications to the Application, as well as to process the Application or to include the
Application in another work, which may thus become part of a new work.
4.4 The User is not entitled to grant a third party permission to use the Application within the scope of the License (sublicense) and is not authorized to transfer the License to a third party without the prior written consent of the Company.
4.5 The User undertakes to protect the Application against unprofessional interventions by third parties, as well as other facts that could result in its damage or deterioration.
4.6 The User is not authorized to rent, lease, share or otherwise allow third parties to use the Application or any part of it, whether in its original or modified form, without the prior written consent of the Company.
4.7 The License does not grant the User permission to make any use of the Application beyond what is explicitly provided for in this EULA.
4.8 The User acknowledges that the use of the Application does not transfer to him/her the
exercise of any economic rights of the authors to the Applications under the Copyright Act.
4.9 The Company may release updates to the Application, however nothing in this EULA shall create a legal entitlement for the User to future updates to the Application.
4.10 The User is not authorized to copy, distribute, reverse engineer, create derivative versions of the Application or derivative works based on this Application, analyze, compile, disassemble the source code or attempt to obtain the source code of the Application, unless expressly permitted by law.
4.11 The Application also includes third-party software, including open source software
(hereinafter referred to as "Open source software”), which is owned by third parties and is subject to the license terms specified for each respective Open source software. Nothing in this EULA restricts or supersedes the license terms for use of Open source software.
5 DELIVERY OF THE APPLICATION AND CHARACTERISTICS OF THE APPLICATION
5.1 The Company will deliver (i.e. enable the installation of the Application) the Application to the User immediately upon acceptance of this EULA.
5.2 The User can utilize the following functions within the Application:
5.2.1 recording and playing holographic messages;
5.2.2 sharing holographic messages with other Users; and
5.2.3 live streaming and be part of this stream.
6 APPLICATION AVAILABILITY
6.1 The Company does not provide a guarantee of uninterrupted availability of the Application to the User. The User acknowledges that the availability of the Application may be limited at the Company's discretion, particularly during scheduled downtime required for periodic updates, upgrades, or improvements to the Application's functionality, or due to unforeseen events that occur without the fault or intention of the Company.
7 LIABILITY FOR DEFECTS
7.1 The Company shall not be liable for any defects in the Application, as the Application is
provided to the User free of charge.
8 LIABILITY FOR DAMAGES
8.1 If the Company violates its obligation under this EULA, it shall only be obliged to compensate the damage caused to the User who is not a Consumer, if the damage was caused by intentional or negligent conduct.
8.2 The Company's liability is limited to actual damages directly resulting from the use of the Application, with no liability for lost profits, indirect, or consequential damages.
8.3 The Company shall not be liable for any damage caused directly or indirectly as a result of improper use of the Application.
8.4 The maximum amount of damages that the Company is obligated to compensate a User who is not a Consumer under Article 8 of this EULA shall not exceed the sum of annual fee.
9 TECHNICAL SUPPORT
9.1 The User may send a technical support request to the Company under the following link https://www.matsuko.com/support Since the Company grants the User a License
free of charge, the User has no legal right to receive technical support. The Company may also refuse to provide technical support if the User fails to provide the Company with necessary cooperation.
10 SPECIAL PROVISIONS FOR CONSUMERS
10.1 Since the License is provided free of charge, the User is not entitled to have any defects in the Application fixed or to receive technical support.
10.2 If the Consumer is domiciled or habitually resident in a country of the European Economic Area and believes that the Company has violated his/her rights, the Consumer has the right to apply to the Company for redress. If the Company provides a negative response to the Consumer's request as per the previous sentence or fails to respond to the request within 30 days from the date of submission by the Consumer, the Consumer retains the right to initiate alternative dispute resolution by submitting a proposal in accordance with the paragraph 12 of the Act on Alternative Resolution of Consumer Disputes. The competent body for alternative dispute resolution is the Slovak Trade Inspection (https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi ). The User may also use the online dispute resolution platform available at
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage to submit a proposal for alternative dispute resolution .
10.3 The supervisory authority for the Company's business activity is the Slovak Trade Inspection, SOI Inspectorate for the Košice Region, located at Vrátna 3, PO BOX A-35, 040 65 Košice 1, Department of Supervision, e-mail: ke@soi.sk.
10.4 The Company shall be liable for the damage caused to the Consumer as a result of its breach of obligations under this EULA.
11 DATA PROTECTION
11.1 The User acknowledges and agrees that the Company may process the User's personal data when providing or arranging for the provision of services through the Application.
11.2 Information regarding data protection and the cases in which the Company processes User’s personal data as a data controller is available in the Application or on the Website under Privacy Policy https://www.matsuko.com/app-privacy-policy.
12 DURATION AND TERMINATION OF EULA
12.1 This EULA becomes valid and effective upon the User's acceptance of the terms of the EULA according to paragraph 2.1 of the EULA and is concluded for indefinite period of time.
12.2 The Company may withdraw from the EULA at any time with immediate effect by sending a written withdrawal notification to the User's e-mail address, if the User violates any provision of this EULA or applicable laws.
12.3 The User may withdraw from this EULA at any time with immediate effect by uninstalling all copies of the Application if the Company violates any provision of this EULA.
12.4 Both the Company and the User have the right to terminate this EULA in writing without
providing a reason, with a notice period of one month commencing on the date of receipt of the notice.
12.5 Upon termination of this EULA, the User is required to immediately discontinue the use of the Application and uninstall all copies of the Application.
13 GOVERNING LAW AND JURISDICTION
13.1 This EULA is governed by the laws of the Slovak Republic. The rights and obligations of the Company and the User not regulated by this EULA shall be governed by the applicable laws in the territory of the Slovak Republic, including but not limited to the Civil Code, the
Commercial Code, and the Copyright Act, as amended. The application of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.
13.2 The legislation on the mandatory application of national and international legislation on consumer protection remains unaffected.
13.3 All disputes arising out of or in connection with the use of the Application and this EULA shall be finally decided by the competent court of the Slovak Republic.
14 NOTICES
14.1 The Company and the User agree to send all notices to each other under this EULA solely by electronic means via e-mail messages or notifications within the Applications. The User agrees to the electronic form of communication, whereby such electronic communication will be deemed to be received in written form, unless applicable law specifically requires another form of communication.
15 FINAL PROVISIONS
15.1 In the event that any provision of this EULA becomes invalid, illegal or unenforceable, that provision will, to the extent permitted by law, be severed from the EULA and will not affect the remaining provisions of this EULA. The contracting parties have agreed to replace this provision with a valid provision that corresponds as closely as possible to the purpose and economic effect of the removed provision.
15.2 The Company may assign the rights under this EULA to a third party.
15.3 The Company reserves the right to modify this EULA at any time. The User will be promptly notified of any changes to the EULA by electronically publishing the updated version of EULA on the Application or on the Website. If the User does not agree with the proposed changes to the EULA, the User has the option to terminate the EULA at any time as outlined in paragraph 12.4 of this EULA.
15.4 This EULA constitutes the entire agreement between the Company and the User relating to the use of the Application and supersedes in full any and all written or oral agreements between the Company and the User relating to the use of the Application.
15.5 The current version of this EULA can be found on the Website.
Date: 04th July 2023
1.1 The provider and operator of the MATSUKO application is the following company:
Business name: MATSUKO s.r.o.
Registered seat: Tomášiková 17, Košice - mestská časť Sever 040 01, SR
BIN: 35 886 498
TIN: 2121883918
Registration: Commercial register of the Municipal Court of Košice, Section:Sro , Insert no.: 26609/V
E-mail: office@matsuko.com
(hereinafter referred to as the Company )
1.2 The Company has developed the MATSUKO application, which allows users to carry out
various types of holographic communication with each other through compatible devices
(hereinafter referred to as the Application). More information about the Application is
available on the Company's website https://www.matsuko.com/ (hereinafter referred to as
the Website ).
1.3 Please read the terms of this End User License Agreement (hereinafter referred to as the EULA) carefully before installing the Application.
1.4 This EULA governs:
(i) the legal relationship between the user who installs and uses the Application as an
individual end user (hereinafter referred to as the User ) and the Company; and
(ii) the conditions under which the User is authorized to use the Application.
2 CONCLUSION OF EULA
2.1 By clicking on the designated button "I agree with the EULA" during the installation of the
Application, the User acknowledges and accepts this EULA. This act constitutes a valid and
binding acceptance of this EULA by User.
2.2 If the User does not agree to the terms of the EULA, the User is not authorized to download, install and use the Application.
2.3 This EULA can be entered into by User who is a legal person or a natural person -consumer (hereinafter referred to as the Consumer) who is at least 16 years old.
3 USING THE APPLICATION
3.1 In order to utilize the Application, the User must download and install the Application on its device. Additionally, the recipient to whom the User has sent or shared the holographic
message created in the Application must also download and install the Application.
3.2 The Application can only be installed on devices that are listed as compatible on the Website. For a list of compatible devices, please visit this link https://www.matsuko.com/ under supported devices. If the User’s device is not compatible, the User will be unable to download and install the Application.
3.3 The Application can be downloaded from various sources, including the App Store, Google Play Store or other stores specifically designed for compatible devices.
3.4 To ensure the proper functioning of the Application, the User must have internet access on her/his device.
3.5 The User represents and agrees that he/she is solely responsible for the use of the
Application.
3.6 The User may only use the Application for its intended purpose and in a manner consistent with appropriate usage.
3.7 The User is obliged to comply with both this EULA and applicable laws while using the
Application.
3.8 The User acknowledges and agrees that any violation of this EULA or applicable laws may result in termination of his/her access to and use of the Application and termination of the EULA by the Company pursuant to paragraph 12.2 of the EULA.
4 GRANT OF LICENSE
4.1 The Application, along with any content on the Website, is protected by copyright, trade
name and trademark protection rights. The Company is the exclusive owner and is authorized to exercise of the authors' economic rights to the Application in accordance with the Slovak Act no. 185/2015 Coll. Copyright Act (hereinafter referred to as the Copyright Act ). The Company has the authority to grant consent for the use of the Application. In the event of unauthorized use of the Application or any content on the Website, by any person without the Company’s written consent, the Company is entitled to take necessary measures to protect its rights and legitimate interests. This includes seeking relief from unauthorized copyright infringement, removal of such infringement, seeking damages, and seeking release from unjust enrichment.
4.2 Upon the User’s acceptance of this EULA as stated in paragraph 2.1, the Company grants the User permission to use the Application in accordance with the terms and conditions set out below (hereinafter referred to as the License):
4.2.1 Manner of using the Application: The User is authorized to use the Application
exclusively for the purpose of holographic communication with other Users.
4.2.2 Scope of the License:
▪ material restrictions: the User may use the Application only for his own and non-
commercial purposes and on his/her own devices;
▪ territorial restrictions: The License is territorially unlimited.
4.2.3 License term: The License is granted for an indefinite period of time.
4.2.4 Remuneration: The License is granted free of charge. The User acknowledges and
agrees that the Company shall be entitled, at its sole discretion, to decide at any time
to charge a fee for the use of the Application.
4.2.5 The License is non-exclusive . The Company shall be entitled to grant the License to
any other User.
4.3 The User is not authorized to interfere in any way with the content or technical parameters of the Application, to interfere with the security of the Application and to make any modifications to the Application, as well as to process the Application or to include the
Application in another work, which may thus become part of a new work.
4.4 The User is not entitled to grant a third party permission to use the Application within the scope of the License (sublicense) and is not authorized to transfer the License to a third party without the prior written consent of the Company.
4.5 The User undertakes to protect the Application against unprofessional interventions by third parties, as well as other facts that could result in its damage or deterioration.
4.6 The User is not authorized to rent, lease, share or otherwise allow third parties to use the Application or any part of it, whether in its original or modified form, without the prior written consent of the Company.
4.7 The License does not grant the User permission to make any use of the Application beyond what is explicitly provided for in this EULA.
4.8 The User acknowledges that the use of the Application does not transfer to him/her the
exercise of any economic rights of the authors to the Applications under the Copyright Act.
4.9 The Company may release updates to the Application, however nothing in this EULA shall create a legal entitlement for the User to future updates to the Application.
4.10 The User is not authorized to copy, distribute, reverse engineer, create derivative versions of the Application or derivative works based on this Application, analyze, compile, disassemble the source code or attempt to obtain the source code of the Application, unless expressly permitted by law.
4.11 The Application also includes third-party software, including open source software
(hereinafter referred to as "Open source software”), which is owned by third parties and is subject to the license terms specified for each respective Open source software. Nothing in this EULA restricts or supersedes the license terms for use of Open source software.
5 DELIVERY OF THE APPLICATION AND CHARACTERISTICS OF THE APPLICATION
5.1 The Company will deliver (i.e. enable the installation of the Application) the Application to the User immediately upon acceptance of this EULA.
5.2 The User can utilize the following functions within the Application:
5.2.1 recording and playing holographic messages;
5.2.2 sharing holographic messages with other Users; and
5.2.3 live streaming and be part of this stream.
6 APPLICATION AVAILABILITY
6.1 The Company does not provide a guarantee of uninterrupted availability of the Application to the User. The User acknowledges that the availability of the Application may be limited at the Company's discretion, particularly during scheduled downtime required for periodic updates, upgrades, or improvements to the Application's functionality, or due to unforeseen events that occur without the fault or intention of the Company.
7 LIABILITY FOR DEFECTS
7.1 The Company shall not be liable for any defects in the Application, as the Application is
provided to the User free of charge.
8 LIABILITY FOR DAMAGES
8.1 If the Company violates its obligation under this EULA, it shall only be obliged to compensate the damage caused to the User who is not a Consumer, if the damage was caused by intentional or negligent conduct.
8.2 The Company's liability is limited to actual damages directly resulting from the use of the Application, with no liability for lost profits, indirect, or consequential damages.
8.3 The Company shall not be liable for any damage caused directly or indirectly as a result of improper use of the Application.
8.4 The maximum amount of damages that the Company is obligated to compensate a User who is not a Consumer under Article 8 of this EULA shall not exceed the sum of annual fee.
9 TECHNICAL SUPPORT
9.1 The User may send a technical support request to the Company under the following link https://www.matsuko.com/support Since the Company grants the User a License
free of charge, the User has no legal right to receive technical support. The Company may also refuse to provide technical support if the User fails to provide the Company with necessary cooperation.
10 SPECIAL PROVISIONS FOR CONSUMERS
10.1 Since the License is provided free of charge, the User is not entitled to have any defects in the Application fixed or to receive technical support.
10.2 If the Consumer is domiciled or habitually resident in a country of the European Economic Area and believes that the Company has violated his/her rights, the Consumer has the right to apply to the Company for redress. If the Company provides a negative response to the Consumer's request as per the previous sentence or fails to respond to the request within 30 days from the date of submission by the Consumer, the Consumer retains the right to initiate alternative dispute resolution by submitting a proposal in accordance with the paragraph 12 of the Act on Alternative Resolution of Consumer Disputes. The competent body for alternative dispute resolution is the Slovak Trade Inspection (https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi ). The User may also use the online dispute resolution platform available at
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage to submit a proposal for alternative dispute resolution .
10.3 The supervisory authority for the Company's business activity is the Slovak Trade Inspection, SOI Inspectorate for the Košice Region, located at Vrátna 3, PO BOX A-35, 040 65 Košice 1, Department of Supervision, e-mail: ke@soi.sk.
10.4 The Company shall be liable for the damage caused to the Consumer as a result of its breach of obligations under this EULA.
11 DATA PROTECTION
11.1 The User acknowledges and agrees that the Company may process the User's personal data when providing or arranging for the provision of services through the Application.
11.2 Information regarding data protection and the cases in which the Company processes User’s personal data as a data controller is available in the Application or on the Website under Privacy Policy https://www.matsuko.com/app-privacy-policy.
12 DURATION AND TERMINATION OF EULA
12.1 This EULA becomes valid and effective upon the User's acceptance of the terms of the EULA according to paragraph 2.1 of the EULA and is concluded for indefinite period of time.
12.2 The Company may withdraw from the EULA at any time with immediate effect by sending a written withdrawal notification to the User's e-mail address, if the User violates any provision of this EULA or applicable laws.
12.3 The User may withdraw from this EULA at any time with immediate effect by uninstalling all copies of the Application if the Company violates any provision of this EULA.
12.4 Both the Company and the User have the right to terminate this EULA in writing without
providing a reason, with a notice period of one month commencing on the date of receipt of the notice.
12.5 Upon termination of this EULA, the User is required to immediately discontinue the use of the Application and uninstall all copies of the Application.
13 GOVERNING LAW AND JURISDICTION
13.1 This EULA is governed by the laws of the Slovak Republic. The rights and obligations of the Company and the User not regulated by this EULA shall be governed by the applicable laws in the territory of the Slovak Republic, including but not limited to the Civil Code, the
Commercial Code, and the Copyright Act, as amended. The application of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.
13.2 The legislation on the mandatory application of national and international legislation on consumer protection remains unaffected.
13.3 All disputes arising out of or in connection with the use of the Application and this EULA shall be finally decided by the competent court of the Slovak Republic.
14 NOTICES
14.1 The Company and the User agree to send all notices to each other under this EULA solely by electronic means via e-mail messages or notifications within the Applications. The User agrees to the electronic form of communication, whereby such electronic communication will be deemed to be received in written form, unless applicable law specifically requires another form of communication.
15 FINAL PROVISIONS
15.1 In the event that any provision of this EULA becomes invalid, illegal or unenforceable, that provision will, to the extent permitted by law, be severed from the EULA and will not affect the remaining provisions of this EULA. The contracting parties have agreed to replace this provision with a valid provision that corresponds as closely as possible to the purpose and economic effect of the removed provision.
15.2 The Company may assign the rights under this EULA to a third party.
15.3 The Company reserves the right to modify this EULA at any time. The User will be promptly notified of any changes to the EULA by electronically publishing the updated version of EULA on the Application or on the Website. If the User does not agree with the proposed changes to the EULA, the User has the option to terminate the EULA at any time as outlined in paragraph 12.4 of this EULA.
15.4 This EULA constitutes the entire agreement between the Company and the User relating to the use of the Application and supersedes in full any and all written or oral agreements between the Company and the User relating to the use of the Application.
15.5 The current version of this EULA can be found on the Website.
Date: 04th July 2023
