1. Terms of service

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our websites, https://cloud.topapp.si, and any associated web-based and mobile applications (collectively, “Service”), as owned and operated by TOP APP d.o.o.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Service, collectively “Legal Terms”, constitute the entire and only agreement between you and TOP APP d.o.o., and supersede all other agreements, representations, warranties and understandings with respect to our Service and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Service. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Service. If you have already accessed our Service and do not accept our Legal Terms, you should immediately discontinue use of our Service. The last update to our Terms of Service was posted on Januar 27, 2016.

2. Definitions

The terms “us” or “we” or “our” refers to TOP APP d.o.o., the owner of the Service. A “Visitor” is someone who merely browses our Service, but has not registered as Member. A “Member” is an individual that has registered with us to use our Service. Our “Service” represents the collective functionality and features as offered through our Service to our Members. A “User” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Service are collectively known as our “Content”.

3. Warranty Disclaimer

Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, TOP APP d.o.o. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TOP APP d.o.o. makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components.

4. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service. TOP APP d.o.o. reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

5. Limitation of Liability

To the maximum extent permitted by applicable law, TOP APP d.o.o. shall not be liable for: (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of: profits, revenue, data, use, good-will, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the services; (d) damages relating to any conduct or content of any third party or subscriber using the services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any content. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not TOP APP d.o.o. has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.

6. Intellectual Property

Our Service may contain trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Service does not constitute any right or license for you to use such trademarks, without the prior written permission of the corresponding trademark owner. Our Service is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Service is strictly prohibited. Your use of our Service does not grant you ownership rights of any kind in our Service.

7. Using your account

TOP APP d.o.o. hereby grants you a royalty-free, nonexclusive, worldwide, non-transferable, right and license to access, use and execute the Service and its related software for the applicable subscription term subject to the restrictions set forth in these Terms. The Service is owned and operated by TOP APP d.o.o. and provided to You on a subscription basis; TOP APP d.o.o. is not transferring ownership or title to the Service to You.

The Service is made available for download solely for use by You and only according to these Terms. Any reproduction, resale or redistribution of the Service that is not in accordance with these Terms is expressly prohibited, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The license granted hereunder may not be transferred by You to any third party and is non-exclusive.

You acknowledge that the Services and their related software are proprietary to TOP APP d.o.o. and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You may not remove any proprietary notices or labels from any of the Services. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce any of the Services to a human-readable form. You may not reproduce, distribute or create any derivative works based on the Services without expressly being authorized in writing to do so by TOP APP. Further, You may not rent, lease, grant a security interest in or otherwise transfer any rights to the Services. All rights not expressly granted in these Terms are reserved to TOP APP and its suppliers.

The license granted hereunder entitles You to receive any and all standard updates and support that TOP APP provides to all users of its Services, generally. Notwithstanding the previous sentence, TOP APP reserves the right to charge all of its users fees for any future versions of, or premium (i.e., charged for) upgrades to, the Services. You understand that TOP APP may update or modify any of the Services and their related software at any time, but is under no obligation to inform You of any such updates or modifications. For the avoidance of doubt, unless TOP APP chooses to provide such updates or modifications to all of its users, these Terms do not grant You any right, license or interest in or to any premium support, maintenance, improvements, modifications, enhancements or upgrades to the Services or their related software.

You are solely responsible for the content of Your computer(s) and Your TOP APP account and any transmissions made when using the Services. Your use of the Services are subject to the Terms set forth herein and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). When using any of the Services You hereby agree: (i) to comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) not to use the Service to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (iii) not to use the Service for any illegal purposes; (iv) not to delete from the Service or its related software, documentation or any TOP APP Service used in connection with the Service, any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices, or modify any logos that You do not own or have express permission to modify; (v) not to use the Service to interfere or disrupt any other networks connected to the Service; (vi) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vii) not to use the Service to distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. You shall not access or use someone else's TOP APP account at any time, without first obtaining the permission of the account holder. You agree that You are responsible for all actions and inactions of Your employees, consultants, or any other third party that You allow to access Your TOP APP account, and You agree to use commercially reasonable efforts to monitor such third party users.

8. Payments, fees and renewals

Accepted Methods of Payment:

Payment of Subscriptions.

Payment of the subscription fee is upfront for the selected period and must be by credit card charge, PayPal® charge, Apple App Store or invoice, and Your subscription will not be automatically renewed. All payments are processed by Braintree, Paypal or Apple App Store.

Free Subscriptions. Notwithstanding the above, Your subscription to any of TOP APP's free Services do not require the payment of a subscription fee. TOP APP reserves the right, in its sole and absolute discretion, to restrict or limit the number of “free” or “basic” versions of the Services that may be used by any individual, entity or group of entities.

EU customers. The price for the service may vary, as per EU VAT regulative, VAT must be declared based on your residency. Price is calculated after you provide proper residency information.

No Cancellations. Notwithstanding any provision of these Terms or any course of dealing between the parties, You may not cancel, terminate or rescind a subscription during its term. Any and all payments by You to TOP APP for access to the Services are final.

Paying via PayPal®. TOP APP also accepts payment via PayPal®. In order to pay with PayPal, You must have an account with PayPal. When You select PayPal to make payments, the transaction is re-directed from TOP APP's site to PayPal's payment site. When PayPal is used, Your financial information is not shared with TOP APP. Once directed to PayPal's site, PayPal is charged with protecting Your personal and financial information. Your PayPal account and any activities related thereto shall be subject to PayPal's terms and conditions and any information provided to PayPal in relation thereto will be governed by PayPal's privacy policy. Once payment is complete via PayPal, PayPal will email a receipt for this transaction. TOP APP reserves the right to request proof of identity from any PayPal member.

Payment Due. Unless otherwise provided for herein, payment of all fees are due and payable to TOP APP without demand, invoicing or notice before the commencement of the subscription period to which those fees apply.

Taxes. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, or the use or possession of a Service, or any software or other product provided under these Terms, excluding any taxes based on net income payable by TOP APP. If You are exempt from paying any sales, use or other taxes, You must provide TOP APP with appropriate evidence of tax exemption for all relevant jurisdictions.

Sales, Promotional Offers, Coupons, Credits. Sales, promotions and other special discounted pricing offers are temporary and upon the renewal of Your subscription, any such discounted pricing offers may expire. TOP APP reserves the right to discontinue or modify any coupons, credits, sales and special promotional offers at its sole discretion.

9. Use of personal data

Please refer to our Privacy Policy.

10. Links to Other Websites

Our Service may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Service does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. TOP APP d.o.o. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

11. General Terms

Our Legal Terms shall be treated as though it were executed and performed in Slovenia, and shall be governed by and construed in accordance with the laws of Slovenia, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of TOP APP d.o.o. under our Legal Terms shall survive the termination of our Legal Terms.

12. Mobile applications

Google and Apple have no obligation at all to provide any support or maintenance services in relation to the Android Application and Apple Application. If you have any maintenance or support questions in relation to the Application, please contact us, not Google or Apple, using the contact details at the end of these terms.

13. Contacting Us

If you have any questions about this Terms of Service, please contact us at:

https://cloud.topapp.si

TOP APP d.o.o.

1236, Trzin

Slovenia

support@topapp.si

+38640826161

Privacy Policy of Top App

This privacy policy governs your use of the software application My Scans or My Measures(“Application”) for mobile devices that was created by TOP APP d.o.o. The Application is designed to give access to Top App Cloud service on mobile devices. By using this application users can store, access, edit and share their files in a secure and efficient way. Top App Cloud is a hybrid storage platform, which enables users to aggregate different storage types into single interface, thus enabling easy and secure access to users’ data.

By downloading this Application you agree to these terms. If you wish to stop the collection of Data specified in this Privacy Policy, you can do so by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email at support@topapp.si

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

TOP APP d.o.o.

Kidričeva 121

1236 Trzin

Slovenia

www.topapp.si

support@topapp.si

Types of Data collected

Three types of data are being collected:

•Automatically collected anonymous data (Google Analytics)

•Personal data

•Cookies (does not apply to all instances)

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookie, Usage Data, First Name, Last Name, Phone number, Address, Email and Company name.

Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection. The Personal Data may be freely provided by the User, or collected automatically when using this Application. Any use of Cookies - or of other tracking tools - by the Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for this Application to provide its services.

The User assumes responsibility for the Personal Data of third parties published or shared through this Application and declares to have the right to communicate or broadcast them, thus relieving the Data Controller of all responsibility.

Mode and place of processing the Data

Method of processing

The Data Controller processes the Data of Users in proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data. Access to the Data may be available to Data Processors such as employees involved with the processing or to external parties providing services to the Data Controller, third party technical service providers, mail carriers, hosting providers, IT companies, communication agencies. The updated list of these parties may be requested from the Data Controller at any time.

Place

The Data is processed at the Data Controller headquarters, unless stated otherwise in the rest of this document.

Conservation Time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request the Data Controller for their suspension or removal.

The use of the collected Data

The Data concerning the User is collected to allow the Application to provide its services, as well as for the following purposes: Analytics and Registration and authentication.

The Personal Data used for each purpose is outlined in the specific sections of this document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookie and Usage Data.

Place of processing: USA – Privacy Policy

Registration and authentication

By registering or authenticating, Users allow this Application to identify them and give them access to dedicated services. Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these third party services, for registration or identification purposes.

3Direct registration (This Application)

The User registers by filling out the registration form and providing the Personal Data directly to this Application.

Personal Data collected: Address, Company name, Email, First Name, Last Name and Phone number.

Push notifications

This Application may send push notifications to the User.

Additional information about Data collection and processing

Legal Action

The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.

Additional Information about User’s Personal Data

In addition to the information in this privacy policy, this Application may provide the User with contextual information concerning particular services or the collection and processing of Personal Data.

System Logs and Maintenance

For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time at its contact information.

The rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.

Changes to this privacy policy

The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request the Data Controller to erase the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

Definitions and legal references

Personal Data (or Data)

Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Usage Data

Information collected automatically from this Application (or third party services employed in this Application ), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

User

The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.

Data Subject

The legal or natural person to whom the Personal Data refers to.

Data Processor

The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

Data Controller (or Application Owner, or Owner)

The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

This Application

The hardware or software tool by which the User Personal Data is collected.

Cookie

Small piece of data stored in the User’s device.

Legal information

This privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.

This privacy policy is solely about this Application.