GASTON - Terms of use

Terms of use

These general terms and conditions (hereinafter referred to as "GTC") apply to legal relations between the company Streams s.r.o., with registered office Karpatské námestie 7770/10A, 831 06 Bratislava - Rača district, ID number: 56 103 760, registered in the commercial register of the Municipal Court Bratislava III, section: Sro, insert no.: 176835/B, VAT number: 2122208000, VAT number: SK2122208000, as a provider (hereinafter referred to as the "Provider"), and you, as a user (hereinafter referred to as the "User"), in connection with the use of the application available on the website https://gaston.live (hereinafter referred to as the "Website") (hereinafter referred to as the "Application"), enabling its users to perform analysis of the spoken word captured in audiovisual and audio recordings for the purpose of searching for keywords specified by the User captured in such Recordings (hereinafter referred to as the "Service"), and are an integral part of every contract for the provision of services concluded at a distance between the Provider and the User (hereinafter referred to as the "Contract").

1. Basic provisions
1.1 The Provider and the User (hereinafter jointly only "Contracting Parties" and each separately only "Contracting Party") may agree in writing on a deviating arrangement of mutual legal relations from the Contract to these General Terms and Conditions. Such deviating agreement will take precedence over the General Terms and Conditions.
1.2 The user can be
(I) a physical person who, when concluding and fulfilling the Agreement, does not act within the scope of his business activity, jobs or professions (hereinafter referred to as "User - Consumer"); or
(II) any person who, when concluding and performing the Contract, acts within the scope of his business activity or other business activity, in particular (a) a person registered in the commercial register, (b) a person who does business on the basis of a trade license, (c) a person who does business on the basis of a license other than a trade license according to special regulations, and (d) a natural person who carries out agricultural production and is registered in accordance with a special regulation (hereinafter referred to as "User - Entrepreneur").
1.3 Mutual legal relations between the Contracting Parties in relation to
(I) The User - Consumer is mainly governed by Act no. 40/1964 Coll. Civil Code, including the provisions of the twenty-first chapter, which regulates the provisions on consumer contracts with digital fulfillment, and Act No. 108/2024 Coll. on consumer protection;
(II) The User – Entrepreneur is mainly governed by Act no. 513/1991 Coll. Commercial Code.
Some provisions of these General Terms and Conditions are expressly modified differently for the User - Consumer User - Entrepreneur, especially the conditions of the Withdrawal from the Contract and Warranty conditions and complaints procedure.
2. Use of the Service and conclusion of the Agreement
2.1 In the Application located on the Website, the Provider offers the Service for a fee.
2.2 In the Application located on the Website, the User registers in the "Login" section by entering his email and password. The Provider will immediately confirm the User's successful registration by email (hereinafter referred to as "Registration").
2.3 The Service Agreement is concluded upon delivery of the email confirming the Registration to the User. The contract is concluded for an indefinite period until it is terminated by one of the contracting parties (for example, due to cancellation of the User account).
2.4 Upon registration, a user account will be established for the User, through which the User will have secured access to the Service (hereinafter referred to as "User Account").
2.5 The Service is provided by the Provider in two basic forms of subscription, namely in the form
(I) Free Subscription;
(II) Subscription Premium.
2.6 Free subscription – consisting of free access to all the functionalities of the Application, however, to the extent of a maximum of 3 processed files during a calendar month - it is made available to the User immediately after completing the Registration (hereinafter referred to as "Free Subscription").
2.7 Premium subscription represents paid access to all functionality of the Application to the extent specified the relevant monthly subscription program (hereinafter referred to as "Premium Subscription").
2.8 If the User is interested in a Premium subscription, the User is obliged to fill out the order form found in the User Account zone on the Website, in which he chooses the appropriate Premium subscription range (hereinafter referred to as the "Order"), the payment method, and pays the relevant fee (hereinafter referred to as the "Subscription"). The User is notified of this option at the moment of entering the relevant part of the User Account as well in the price list, which is published at the following Internet address: https://gaston.live/user/settings/plan (hereinafter referred to as the "Price List"). Before sending the Order, the User has the opportunity to check and change the Order at any time, i.e. in particular, change or correct any data related to the User Account, Premium subscription, and in particular the selection of the relevant Premium subscription range, billing information and payment method. The publication of Premium subscription data on the Website is not considered a proposal to conclude a contract, but for the Provider's call for the User to submit a proposal for concluding a contract. By sending the Order, the User makes such a proposal for the creation of a Premium subscription. It is part of the Order the User's obligation to pay the Subscription. The Premium subscription becomes available to the User at the moment after sending The Provider will confirm the order and payment of the relevant Subscription by the User to the User by email creation of a Premium subscription. The Application will be available to the User from the moment this confirmation email is delivered in the relevant range of the Premium subscription and the User will be able to use it through the User Account. Premium subscription is intended primarily for persons over 15 years of age. If the User is under 15 years old, by sending the Order and paying the corresponding Subscription, he confirms that he is acting with the consent of his legal representative (parent).
2.9 The service is accessible via web browsers such as Internet Explorer, Mozilla Firefox, Google Chrome, Apple Safari, Opera, etc. To fully use the Service, it is therefore necessary to have a personal computer on which a web browser is installed allowing you to browse videos.
2.10 The user hereby agrees to the use of means of remote communication when concluding the Agreement.
3. Payment terms
3.1 For the respective prepaid period of the Premium subscription, the User is obliged to pay the Subscription in the amount of according to the valid Price List. Premium subscription is available in the following ranges:
(I) "START" in the scope of a maximum of 20 processed files during a calendar month;
(II) "PRO" in the scope of a maximum of 50 processed files during a calendar month; or
(III) "MAX" in the scope of a maximum of 100 processed files during a calendar month;.
3.2 If the User chooses any of the available Premium subscription ranges, payment for the corresponding range Premium Subscription is realized by card payment. In this case, the User will have a Premium subscription automatically extended for an indefinite period with a fixed monthly periodicity, under the same conditions and at the same price according to the Price List, which is also the maximum price of a repeated payment. Automatic monthly payments can be made by the User at any time cancel directly after logging into the User account, under the following link: https://gaston.live/user/settings/plan, by changing from the previous Premium subscription to the Free subscription program. After such cancellation of recurring payments for the Premium subscription, the User will be entitled to use the Services to the extent of the Premium subscription until the expiration of the respective prepaid period of the Premium subscription for which the User has already paid.
3.3 The price of the Subscription of the relevant Premium subscription range specified in the Price List is stated in EUR and is the final price including all related taxes (including VAT) or other fees.
3.4 Acceptance of the Subscription payment will be confirmed by the Provider to the User by email.
3.5 The Provider will deliver the invoice to the User by email after receiving the Subscription payment, with which the User agrees by ordering the Service.
4. Liability for defects
4.1 The conditions listed below according to this Article 4 apply only to the User - Consumer. By their nature, the rights and obligations of the User - Entrepreneur are governed by the relevant provisions Act No. 513/1991 Coll. Commercial Code.
4.2 If the User - Consumer at any time notices any problems connected with the use of the Service, for example its unavailability, is entitled to complain about the Service. In this context, the Provider points out that that the unavailability of the Service may be affected by the quality of the User's internet connection.
4.3 The Provider is responsible to the User - Consumer for the fact that the Service purchased by him is in accordance with the agreed requirements (§ 852e of the Civil Code) and general requirements (§ 852f of the Civil Code). This means, for example, that the Provider is responsible for ensuring that the Service has the quality and features required by the Agreement, described by him, or expected based on the advertisement of the Service, or usual for the Service of this kind. Furthermore, the Provider is responsible for ensuring that the Service complies with the requirements of legal regulations, is in the corresponding amount, quality and corresponds to the purpose stated for the use of the Service or for which the Service is usually used. The Service provided is defective if it does not comply with the above requirements or if its use disable or limit the rights of a third party, including intellectual property rights.
4.4 The Provider is responsible for any defect that occurs or manifests itself during the period of provision of the Service.
4.5 If the Provider is responsible for a defect in the Service, the User - Consumer has the right to have the defect removed (§ 852k of the Civil Code), the right to a reasonable price discount (§ 852l of the Civil Code) or the right to withdraw from the contract (§ 852l of the Civil Code).
4.6 User - The consumer can complain about the Service through
(I) a letter sent to the Provider's address; or
(II) email to the email address of the Provider's customer service contact@streams.guru.
4.7 For the purposes of any complaint, it is sufficient if the User - Consumer contacts the Provider with one from the methods according to the previous point, preferably with the subject "Complaint", and will explain to the Provider, what is the problem with using the Service and how long does it last. The Provider will respond to the User - Consumer as soon as possible and such a response from the Provider is confirmation of receipt of the complaint. User – The consumer can exercise rights from liability for defects even without reprimanding them.
4.8 The Provider shall provide the User - Consumer with a written confirmation of the complaint of the defect immediately after the complaint defects by Users - Consumers. In the confirmation of the complaint of the defect, the provider shall indicate the period in which the defect will be corrected with § 507 par. 1 will remove. The period notified according to the previous sentence must not be longer than 30 days from the day the defect was pointed out, if the longer term is not justified by an objective reason beyond the Provider's control.
4.9 Závery vybavenia reklamácie Poskytovateľ oznámi Užívateľovi – Spotrebiteľovi rovnakým spôsobom, akým Užívateľ – Spotrebiteľ reklamoval Službu, alebo iným spôsobom, na ktorom sa Zmluvné strany v priebehu vybavovania reklamácie dohodli.
4.10 If the User - Consumer is not satisfied with the manner in which this complaint was handled, The Provider asks the User - Consumer to contact the Provider's customer service at the following email address contact@streams.guru, where the Provider's customer service staff will try to help the User - To meet the consumer as much as possible, to find a solution to the User's - Consumer's satisfaction.
4.11 If the Provider refuses responsibility for defects, it will notify the User-Consumer in writing of the reasons for the refusal.
4.12 Rights from liability for defects are detailed in § 852g to § 852n of the Civil Code.
5. Cancellation of the User Account
5.1 The User can cancel the User Account at any time by clicking on the button "[Delete my account and all my files]".
5.2 The Provider reserves the right to cancel the User's User Account in the event of a material breach of the Agreement, consisting, for example, in the interference with the Provider's intellectual property rights.
5.3 Cancellation of the User Account terminates the Agreement. In the event that the User cancels his User Account, he is not entitled to return the already paid Subscription. Automatic monthly payments of the Subscription when paying by card will be a cancellation User account automatically cancelled.
6. Intellectual Property Rights
6.1 The Website and Application of the Provider, their functionalities as well as all the information provided in them and/or published may be protected by copyright. Copy the functionality of the Application and disseminate information listed and/or published on the Provider's Website and Application is possible only with his prior consent. Unauthorized interference with such intellectual property rights may be considered a criminal offence.
7. Protection of personal data
7.1 For information on how the Provider processes personal data of Users and visitors to the Website and how it uses cookies, Users and visitors to the Website can familiarize themselves with the Provider's rules processing of personal data and use of cookies:
(I) document "[https://gaston.live/sk/personal-data-protection]";
(II) document "[https://gaston.live/sk/privacy]".
8. Alternative resolution of consumer disputes
8.1 The conditions listed below according to this article 8 apply only to the User - Consumer. By their nature, the rights and obligations of the User - Entrepreneur are governed by the relevant provisions of the law no. 513/1991 Coll. Commercial Code.
8.2 If a dispute arises between the Provider and the User-Consumer regarding the exercise of liability rights for defects or if the User-Consumer believes that the Provider has violated other rights of the User-Consumer, has the right to contact the Provider with a request for correction.
8.3 If the Provider responded negatively to the User-Consumer's request for correction or did not respond to it within 30 days from the date of its dispatch, the User - Consumer according to Act no. 391/2015 Coll. o the right to alternative resolution of consumer disputes, in order to protect one's consumer rights, submit a proposal to initiate an alternative dispute resolution subject to an alternative dispute resolution entity. This does not affect the possibility of the User - Consumer to turn to the court.
8.4 Alternative resolution of a consumer dispute begins with a proposal by the User - Consumer. The proposal must contain the requirements prescribed by law and can be submitted in written form, in electronic form or orally in the minutes. To submit a proposal, the User-Consumer can use the form, which is available on the website of the alternative dispute resolution entity. Subject of alternative dispute resolution is obliged to proceed independently, impartially, with due professional care, with the aim of settling the dispute and taking into account the protection of the rights and legitimate interests of the parties to the dispute. If the parties to the dispute are interested in an amicable settlement of the dispute, the subject of alternative dispute resolution prepares a draft agreement on dispute resolution. The concluded agreement is binding. If the parties to the dispute do not reach an agreement on dispute resolution and the subject of alternative dispute resolution reaches a conclusion, that the Provider has violated the rights of the User - Consumer, terminates the alternative resolution of the dispute by issuing a non-binding reasoned opinion. The subject of alternative dispute resolution will postpone the proposal if it is not clear that the Provider violated the rights of the User - Consumer. Alternative dispute resolution is free of charge. The subject of the alternative however, dispute resolution may request a fee of no more than EUR 5 including VAT from the User - Consumer.
8.5 Subjects of alternative dispute resolution are the Slovak Trade Inspection (www.soi.sk), or other entities registered in the list of alternative dispute resolution entities, which is headed by the Ministry of Economy of the Slovak Republic (www.mhsr.sk). In the case of a cross-border dispute, it has User - Consumer also has the right to contact the European Consumer Center (www.esc-sr.sk), which will provide him with a delivery address, email address or telephone contact for the entity of the alternative dispute resolution, which is competent to resolve his dispute. User - The consumer also has the right to alternative resolution of any dispute through the European online dispute resolution platform (ec.europa.eu/consumers/odr/main/).
9. Final Provisions
9.1 The relations between the Provider and the User are governed by the legal order of the Slovak Republic. If the contractual relationship contains an international (foreign) element, it is governed by Slovak law. This does not affect them consumer rights resulting from generally binding legal regulations.
9.2 The contract is concluded remotely by means of remote communication and it is possible to conclude it in the Slovak language.
9.3 If any provision of the contract is or becomes invalid, this does not affect the validity of the other provisions of the contract.
9.4 In case of any questions, complaints, suggestions or requests for correction, the User may at any time contact the Provider, for example by email at contact@streams.guru or by phone: +421 903 101 812.
9.5 The supervisory body in the field of trade entrepreneurship is the Department of Trade Entrepreneurship, District Office Bratislava, Tomášikova 46, 832 05 Bratislava (https://www.minv.sk/?okresne-urady-klientske-centra&urad=1&odbor=3, 09610/46 280). The supervisory body in the field of personal data protection is the Personal Data Protection Office of the Slovak Republic, with headquarters at Hraničná 12, 820 07 Bratislava (www.dataprotection.gov.sk, statny.dozor@pdp.gov.sk, +421 /2 3231 3214). The supervisory authority in the field of consumer protection is the Slovak Trade Inspection, with its registered office at Prievozská 32, 827 99 Bratislava (www.soi.sk, ba@soi.sk, 02/58 27 21 72).
9.6 The Provider may unilaterally change and supplement the text of the General Terms and Conditions at any time. The new General Terms and Conditions shall enter into force on their date published on the Website and the General Terms and Conditions valid until then are cancelled. This provision does not affect your rights and obligations that arose before the new GTC came into force.
9.7 Due to the method of concluding the Agreement, the Agreement will not be separately stored with the Provider and available on request. The GTC will be available at any time on the Website.