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GENERAL TERMS OF USE OF THE WWW.LIVE-MINING.COM WEBSITE AND THE LIVE MINING MOBILE APPLICATION

By entering into an operator-user agreement for using the www.live-mining.com website or the LIVE MINING mobile application, you agree to these general terms and conditions. If you do not agree to the general terms and conditions, do not use the www.live-mining.com website or the LIVE MINING mobile application.

GENERAL

Operator: The operator is Infinitus d.o.o., Prevale 7, 1236 Trzin, Slovenia, Europe.
User: The user is any natural person who uses the www.live-mining.com website or the LIVE MINING mobile application.

CONCLUSION OF THE AGREEMENT

The agreement between the operator and the user for using the www.live-mining.com website or the LIVE MINING mobile application pertains to the free BASIC package LIVE MINING service once the user has registered, created their LIVE MINING profile (account) and activated their LIVE MINING account for the LIVE MINING premium package paid service: PREMIUM or VIP; however, the agreement is concluded once the user has registered, created their profile and activated their LIVE MINING account (validated their data) and after they have paid the operator the amount of the monthly or annual subscription. The agreement shall be concluded for one month or for one year by paying a monthly or annual subscription. The agreement may be extended by paying a monthly or annual subscription for the subsequent subscription period.

USER REGISTRATION

The user logs into the LIVE MINING system on the www.live-mining.com website by using their user name and selected password. The user password is secret and known only to the user. The user shall be responsible for protecting their password. The operator is not liable for any loss or damage that may result from the user's failure to meet this security obligation.

A user who registers via the www.live-mining.com website or via the LIVE MINING mobile application must activate their LIVE MINING account (validate their e-mail address) and fill in their personal data (name and e-mail address), while they can also populate their profile with their health data (age, weight, height, feelings, blood sugar, heart beat, blood pressure, etc.). The user shall ensure that the personal data and content published in their profile is accurate and up to date. In the event of changes, the user shall correct the published content immediately. The user may change their profile data in the following ways: via the mobile application, by registered mail sent to the operator's address, via e-mail to the operator or via the www.LIVE MINING.com website.

PERSONAL DATA PROTECTION

The operator must protect the confidentiality of information obtained from users of the website www.live-mining.com or the mobile application LIVE MINING.

The operator collects personal data (such as personal names, addresses, e-mail addresses, age, weight, height, well-being, feelings, sports activities, etc.) that the user provides in their profile of their own accord. By providing their personal data, the user expressly agrees that the operator may use it in accordance with these general terms and conditions. The purpose of collecting data on users’ health status and sports activities is to enable them to monitor their own activity status and also to share their data with their personal doctor or personal trainer or a user designated to receive certain data.

The user can toggle the setting for their circle of persons (other LIVE MINING mobile application users).

The operator may only use user data to inform users about new services, similar activities and news about the operator itself. The operator shall not send data to third parties or abuse data. The data shall be stored solely for the purposes of application usability statistics, advertising, sports activity statistics and preventive health care. The operator shall not pass data on to third parties, unless requested to do so by a court of law or law enforcement agencies in the event of an attempted breaking into the server.

The operator shall keep user personal data solely for the time the user is active, i.e. while the user has an active profile and user account.

The user shall ensure the validity of adequate technical and organisational security standards developed for the purpose of protecting the collected user personal data from accidental, illegal or unauthorised destruction, loss, alteration, access, disclosure or use.

The user has certain rights under applicable law, which may include access to their personal data processed by the operator, the right to correct, delete or block the use of this personal data and the right to object to a particular data processing method. To exercise these rights, the user shall make a written request addressed in accordance with the instructions listed in the “Questions” section.

USE TRACKING ("Cookies")

The operator automatically tracks the way in which the content available on the operator's website www.live-mining.com is used. This means that the operator may collect and process data on visits to the www.live-mining.com website, e.g. for visit statistics and registering user logins. A cookie will be placed on the user's computer to enable the operator to obtain information on the user's domain name and Internet service provider and the dates and times the user access the website. A cookie is a piece of information sent to the user's browser and stored on the computer's hard drive and allows the operator to track the use of and visits to the www.live-mining.com website more closely. If the user disables cookies, the user will still have exactly the same kind of access to the content on the www.live-mining.com website, and this will result in only slightly less accurate data on the visits to and use of the www.live-mining.com website collected by the operator in its internal reports. This visit data will be used for the operator's internal purposes only.

PROTECTION OF THE PRIVACY OF MINORS

The www.live-mining.com website or the LIVE MINING application are not intended for children and young people under age 14. Children under age 14 may not upload their personal information on-line or through the application. The operator shall not store personal data of individuals under 14 years of age.

PAYMENT

The price of LIVE MINING premium services is available on the website www.live-mining.com

EXCLUSION OF THE OPERATOR'S LIABILITY

The mobile application promotes an active user lifestyle for safe and healthy living.

The LIVE MINING mobile application does not guarantee the accuracy of GPS data or the user location and activities. The LIVE MINING mobile application does not save lives.

The LIVE MINING mobile application and the information and content within the application are not intended to replace or supplant professional medical care, emergency medical care and education related to sports activities. The application is not intended to replace or supplant medical staff or a sports coach.

The operator shall endeavour to ensure the full technical functionality of the www.live-mining.com website and the LIVE MINING mobile application. The operator shall not be liable for any direct or indirect damage or inconvenience that the user might suffer due to possible technical problems or interruptions.

The user agrees that the operator shall not be liable for any direct, indirect, incidental, special, consequential or exceptional material or non-material damage resulting from the user's use of the www.live-mining.com website or the LIVE MINING mobile application.

The operator does not guarantee the smooth operation of the LIVE MINING mobile application or the accuracy of the information provided. Errors can occur in the operation of the application itself as well as in the use of navigation systems (user geolocation) due to local environmental conditions and/or incomplete or incorrect data. If the user has their geolocation switched off, the LIVE MINING mobile application.

The LIVE MINING mobile application sends data to the cloud server only if there is a working or accessible GSM signal (Internet connection). If the user is located in an area that is not covered by the GSM signal or if the GSM signal does not work, data will not be sent and the operator will not be responsible for any inconveniences or damage that would occur to the user in this regard.

PROHIBITION OF ABUSE AND SANCTIONS

The use of the LIVE MINING mobile application for any other purposes such as harassing users, misusing data, misleading users or illegal advertising of products or services is prohibited. Abuse of help and danger signs (SOS messages) is a criminal offence (Article 309 of the Penal Code (KZ-1)). The user shall bear the costs of intervention in the event of misuse of the LIVE MINING mobile application.

In case of identified abuses, the operator will block the user's account and notify them via the mobile application, by registered mail sent to the user's address or via e-mail.

The user shall also be liable for misuse of the mobile application in the event of loss or disposal of the medium or “smart” mobile device on which the LIVE MINING mobile application is installed. In the event of loss or disposal of the medium or “smart” mobile device on which the LIVE MINING mobile application is installed, the user shall inform the operator as soon as possible so the operator may block the service and thus prevent potential abuse.

COPYRIGHT PROTECTION

The LIVE MINING mobile application and the www.live-mining.com website, its entire content, including the full text, images and logo, are copyrighted and owned by the operator, Infinitus d.o.o., including all reserved rights.

Copying, distributing or unlocking the LIVE MINING mobile application as well as any misuse of the data, images, text, logo, LIVE MINING trademark and other data that are part of the www.live-mining.com website is prohibited. Any copying, distribution or other use of any of the above information without the prior knowledge and express written permission of the operator is prohibited.

The user undertakes to use the www.live-mining.com website and the LIVE MINING mobile application solely for personal and non-commercial purposes. Each user may download only one copy of the LIVE MINING mobile application and install it on one “smart” mobile device.

CHANGES TO THE GENERAL TERMS AND CONDITIONS

The operator reserves the right to update and change the general terms of use of the www.live-mining.com website or the LIVE MINING mobile application and the price list. The continued use of the services after any such changes shall mean that the user expressly agrees to such changes. If the user does not agree to changes to the general conditions or price list, they may cancel their user account at any time, but the amount of the paid subscription for the current year shall not be refunded to the user.

The operator shall notify users of any price change one month before the change via the mobile application or via email.

APPLICABLE LAW

The law of the Republic of Slovenia shall apply to assessments of legal relations regarding these general terms and conditions in connection with the use of the www.live-mining.com website or the LIVE MINING mobile application.
In the event of a dispute between the user and the operator, the court of the Republic of Slovenia shall have exclusive jurisdiction.

QUESTIONS

Users may send questions, suggestions or complaints regarding their order, purchase and general terms and conditions to the operator via the website: www.live-mining.com or by mail to the address: Infinitus d.o.o., Prevale 7, 1236 Trzin, Slovenia, Europe or by email: info@live-mining.com.