General Terms and Conditions for using the Eufória app

Effective from 1 August 2024 until withdrawal

SERVICE PROVIDER:

Levente János Soltész, a private entrepreneur
mailing address: 1122 Budapest, Hajnóczy József utca 22. 1/12.
tax number: 56955752-1-43
registration number: 55666222
contact, fault reporting: info@euforiajatek.hu
website: https://www.euforiagames.com

TERMS

User: a natural person over the age of 18 registered via the Mobile Application who has accepted these GTC as binding.

User Account: means the technique by which the User can connect to the modules of the APP subject to a subscription. The User Account requires the User’s email address and Password. The User Account is used for authentication in the system.

Username: Means the identifiers provided by the natural person User through the APP to access the Mobile Application.

APP: Means the mobile application (app) available on the Play Store and Apple App Store.

Advertiser: A business promoting its own service/product on the app’s interface.

Introductory provisions
These General Terms and Conditions (hereinafter referred to as “GTC”) are considered and to be treated as general terms and conditions under Section 6:77 of Chapter XV of Book Six of Act V of 2013 on the Civil Code (hereinafter referred to as „Civil Code”). These GTC are an integral part of all contracts for the use of the Eufória mobile application. No contract can be validly concluded without the express acceptance of these GTC.

Please read these GTC carefully before using the service provided by the Service Provider. This Contract sets out the legally binding terms and conditions for the use of the Eufória Application (sometimes referred to as the „APP”) and the services available in the APP (the „Services”). When downloading the APP, the Service Provider offers the possibility to read and accept the GTC and confirm the age limit applicable to the APP during the first use of the APP, without the express acceptance of which (checkbox) the APP cannot be used, given the nature of the service that can be used within the framework of the APP.

The Service Provider provides an entertainment service to the Users through the APP, which is basically presented to the Users in the form of humorous quizzes.

The provision of the Service is subject to the User’s acceptance of the contents of these GTC and confirmation that he/she is over the age of 18. Otherwise, the APP will automatically log out the User who tries to use the APP without confirmation. Users of the Application must be natural persons over the age of 18. Linked to the foregoing, the User acknowledges that the Service is operational on the basis of the data valid at any given time, and that the Service Provider does not perform any separate identification of the User during the provision of the Service, and that the data provided by the User are only automatically verified during the contact under this Agreement.

The application may be used free of charge, for private and non-commercial use only, subject to the terms and conditions of these GTC.

The General Terms and Conditions are available at www.euforiajatek.hu/aszf

The Service Provider reserves the right, at its sole discretion, to unilaterally modify or replace these GTC by posting the current provisions on the Website and APP.

In the event of any problems with the Service, Users can contact the Service Provider using one of the contact details provided on the Website operated by the Service Provider in connection with the Application.

By using the Application, a legal relationship is established exclusively between the User and the Service Provider. The use of the Application requires an Internet connection, the full cost of which is borne by the User. The Service Provider shall not be liable for any errors in the Internet data connection.

Definition of the Application
The Application is available exclusively through a mobile device, with free and subscription-based options available based on the User’s needs.

The primary function of the App is entertainment. Alcohol-related quizzes and drink recipes are the APP’s fun repository. Through the Application, different game solutions are available (7 types of games), to which different access levels can be assigned to a User account based on the subscription level characteristics. The level of entertainment provided by the subscription and thus by the APP is determined by the duration and level of access for the User, and the specifics of the subscriptions can be found out by the User through the APP (duration, fees, amount of games). Subscriptions are associated by the APP with User accounts/subscriptions to the Apple Store and Google Play Store, so subscriptions can be purchased through them.

The quiz games that make APP fun include basic tasks available to the APP Users for free, without subscription restrictions. The quizzes available against subscription will be added from a dedicated interface (admin) managed by the Service Provider, directly when the APP is opened for the first time, provided the mobile device is connected to the Internet. If the database of questions is later expanded on this admin page, the APP will take care of its own update, as the new subscription questions will be downloaded the first time the mobile device is accessed via the web.

The APP works based on the name provided by the User (Username), the truth of which is not verified by the APP, so it does not constitute personal data of the User, as it is sufficient to provide a first name/nickname to use the APP. For the aforementioned reasons, Users cannot be directly identified by the Service Provider, and the Service Provider does not process any other personal data that would allow direct identification of the Users. If the Application is closed, the Username and age confirmation previously provided by the User will be deleted, and a new username and age confirmation will be required for a new login and, therefore, the APP does not perform any profiling or monitoring related to a specific User.

The APP provides access to other web interfaces through two embedded links to reach the website linked to the APP (https://euforiajatek.hu) and the Spotify playlist to enhance the user experience.

The Service Provider provides advertising space on the homepage of the APP for other Advertisers to promote/advertise their own services. An agreement between the Advertiser and the Service Provider is a separate contract, which is independent of the User and the display of the advertisement is based solely on the decision of the Service Provider. By clicking on the advertising space, the Service Provider redirects the User to the Advertiser’s own web interface.

Users can rate the quality of the Application by marking certain areas (like-dislike). The rating given by the User is not associated with the User but is added to a general statistical result. This is considered data collection for statistical purposes that is not associated with the User, which is optional for the User. Each time a User logs in, he/she can rate his/her satisfaction with the experience using the Application.

Scope of the GTC
The personal scope of the GTC applies to the Service Provider and the Users using the APP.

The Service is available only to natural persons over the age of 18 (eighteen). Any use of or access to the APP by any person under the age of 18 is unlawful and constitutes a breach of these GTC. By using the Service and the APP, the User represents and warrants that he/she is at least 18 years of age and is entitled to enter into the agreement.

These GTC are in force from the date indicated in the title above until revoked.

The Service Provider reserves the right to change the manner and conditions of the services of the Application, subject to the provisions on the amendment of the GTC, or to discontinue the Application.

If any provision of the GTC is or subsequently becomes invalid or unenforceable, this shall not affect the validity of the other provisions of the GTC. In such a case, the Parties shall replace the invalid or unenforceable provision with a provision as close as possible to their original objectives.

In the event of an amendment to the GTC, the Service Provider shall notify the fact of the amendment, a summary of the changes, the date of entry into force of the amendment and the full new text of the GTC to enter into force at least 3 (three) calendar days before the entry into force of the amendment on the www.euforiajatek.hu website, and make the same available and accessible to the Users by clicking on the link in the APP.

If a User continues to use the Service after the entry into force of the amendment to the GTC, the User will be offered to accept the amended GTC at the time of the first use after the entry into force of the amendment. In order to continue using the APP, the User must accept the amended provisions.

Duration and termination of the contract
A contract between the User and the Service Provider for the use of the Eufória Application is concluded if the User has accepted the provisions of the GTC. The contract is for an indefinite period.

Access to the Mobile Application is not subject to registration.

Users are responsible for the data provided while using the Service.

Technical steps of contracting via Mobile Application:

Download the APP from the app store. The APP can be downloaded from the Apple AppStore or the Google Play app store.
After launching the application for the first time, acceptance of the GTC and confirmation of age. The App is only available to users over the age of 18.
By accepting these GTC, the User accepts that the Service Provider has no control over the policies and operation of the Apple App Store and Google Play app stores. The Service Provider shall not be liable in case of any change in the above policies or in the operation of the companies and the downloadability of the APP.

The Service Provider informs the User that the contract to be concluded is considered a written contract and that the contract will be recorded by the Service Provider in the register of contracts for APP on its system. The language of the contract is Hungarian.

The APP requires a Mobile Device with at least Android 5.0 and iOS 13.0 and sufficient Internet bandwidth. The User must provide the technical conditions necessary for the use of the APP on the User side. The Service Provider cannot be held liable for failure to comply with these technical conditions.

Using the Eufória app
Using the APP
Users can download the APP free of charge from the App Store that is assigned by default to the operating system of his/her device. The Service Provider is not responsible for the operation of the application store. By using the Application, a legal relationship is established exclusively between the User and the Service Provider. The use of the Application requires an Internet connection, the full cost of which is borne by the User.

Provisions concerning subscriptions
As a rule, the Service can be accessed by downloading the APP free of charge. There are some user experiences in the APP (in-app) that require a subscription. Subscription to the APP can be on a weekly/monthly or annual basis, at the User’s discretion. The subscription is linked by the APP to the Google and Apple User Account and is not managed separately by the Service Provider. For the reasons above, the fulfilment of the subscription (bank account number, e-mail address) does not take place in the Service Provider’s system, so the Service Provider does not process personal data when fulfilling the payment obligation of the User, nor does the Service Provider determine the rules for the fulfilment of the subscription. The Service Provider reserves the right to set and change the pricing of the subscription. The amount payable in respect of subscriptions in the APP will be determined in HUF, EUR, GBP and USD and will always be the amount in the APP in force and effect at the time. Users can cancel their subscription by accessing the User Account Settings under the menu concerning subscriptions on their Mobile Device, which is independent of Google or the Apple APP.

APP subscription categories

The cost of the app may vary from country to country, depending on the specific pricing of the web store (App Store, Google Play). The base, current cost of the application is set in dollars according to the table below, but due to currency conversion by the web store (App Store, Google Play), the cost found in the web store (App Store, Google Play) is the actual cost of the application. The specific currency exchange and pricing policies of the web stores result in different currency exchange rates

Upgrades
The upgraded application replaces and/or complements the product on which the update was based. The resulting upgraded product can only be used in accordance with the provisions of these GTC. Users can see the current version number of the Application in the menu.

Other conditions for using the Service
The Service Provider may temporarily interrupt the provision of the Service for the time the necessary maintenance and upgrade works are carried out.

The Service Provider may refuse to provide the Service and may immediately terminate the provision of the Service to the Users if required to do so by law or court decision or if the Service is used in a manner contrary to these GTC, without permission or otherwise unlawfully or improperly, taking into account the purpose of the APP.

The Service Provider shall notify the Users electronically or by other means deemed appropriate by the Service Provider in due time and in advance of the reason for and duration of the APP failure.

Manipulation or copying the APP by means of reverse engineering or any other information technology manipulation or copying is prohibited. Any breach of this prohibition shall constitute a breach and the User concerned shall be liable for any resulting damage.

The design of the APP, the compilation, arrangement and editing of its content, as well as the content itself (the „Content”) is protected by copyright due to its individual, original nature. The Service Provider is the copyright owner and, therefore, only the Service Provider is entitled to authorise others to use any copyrighted material. It is forbidden to reproduce, copy, redistribute or distribute the APP in whole or in part in any form without the prior written permission of the Service Provider. It is also prohibited to create or adapt any material or works based on or derived from the Content.

Users acknowledge that by downloading the Application they acquire a limited and non-exclusive licence, but no ownership. All rights to the APP and the software product are the property of the Service Provider. The structure, build and code of the APP are considered professional and business secrets and confidential information of the Service Provider. The APP may only be used subject to the terms and conditions of the GTC.

The Service Provider agrees that the Users download the APP on their mobile phone free of charge and, thus, obtain a one-time, limited, non-exclusive licence to the APP as described above. Any commercial use requires the prior written consent of the Service Provider. Users shall respect all copyrights and other rights related to the Content (Chapter XIII of Act LXXVI of 1999 on Copyright and Chapter XXXVII of the Criminal Code).

If the Service Provider makes an upgrade of the APP available for download, the upgraded APP will replace and/or supplement the product on which the upgrade was based. The resulting upgraded APP may only be used by the User in accordance with the provisions of these GTC.

Anything that violates the GTC will be considered unauthorized use by the Service Provider.

Users shall ensure that they do not use the APP in a way that distracts their attention or prevent them from obeying traffic or safety rules.

The Service Provider reserves the right to exclude a User from the APP’s users with immediate effect if the User engages in or it has reasonable grounds to suspect that the User has engaged in any conduct that involves the manipulation of the APP or is otherwise incompatible with or violates the purpose of the APP.

Liability
Liability of the Service Provider
The Service Provider cannot be held liable for the consequences resulting from the User’s breach of the provisions of these GTC, in particular for events related to the User’s improper use of the Service, the provision of false data or the User’s breach of conduct. In the event of illegal conduct by the User, the Service Provider will fully cooperate with the competent authorities in order to investigate the violation.

The Service Provider does not accept liability for any direct or indirect damages resulting from the use of the Service.

Users may not be obliged to bear or compensate for any damage caused by the intentional conduct of the Service Provider or its representatives or employees in violation of the provisions of the GTC, and the Service Provider shall be liable for any such damage.

The Service Provider may not be liable for damages or compensation for damages due to circumstances beyond its control if the occurrence of the damage was not foreseeable at the time of the conclusion of the contract (force majeure).

The Service Provider cannot be held liable for technical disruptions, such as Internet network outages.

The Service Provider excludes liability in the event that the APP or the server running it is attacked externally, such as SQL. In case the User receives incorrect system messages as a result of such an attack, the Service Provider shall not be liable in any way.

The Service Provider shall not be liable for any loss of data if the User closes the application while using it or if the connection (for any reason) to the server’s website is lost.

The Service Provider will use all reasonable efforts to ensure the efficiency and continuity of the Service, but shall not be liable for any loss or damage of any kind caused by any failure or other inadequacy of the Service. Users acknowledge that continuous operation may be interrupted despite the prior knowledge and intention of the Service Provider. Accordingly, the Service Provider does not warrant that the Service and/or APP will operate error-free or uninterrupted, or that access to the Service will be uninterrupted or error-free. In such cases, however, the Service Provider will do its best to restore the Service as soon as possible, but does not guarantee the full or partial restoration of the Service in time.

The Service Provider shall not be liable for any incompleteness of the data provided during the use of the Service (e.g., age declaration) or for any consequences resulting from incorrectly provided data. Users are solely responsible for the truthfulness, accuracy and completeness of the personal data.

User’s responsibility
Users shall bear or compensate any damage resulting from the breach of the provisions of the GTC.

The User shall be exempted from liability if able to prove that the breach of contract was caused by circumstances beyond its control, unforeseeable at the time of the conclusion of the contract, and which it could not reasonably have been expected to avoid or prevent. Users are responsible, in particular, for:

Users are responsible for and warrant that they use the Application only in a manner that complies with the requirements of proper use and the legal regulations and standards in force at the time, as well as with the information published in the GTC and the Service Provider’s notice. Users are liable for any damage resulting from improper use.
Users acknowledge that the Service Provider is not liable for any error, virus damage or any data loss on the User’s mobile phone, unauthorized access to the User’s mobile phone or any other damage caused by third parties or force majeure.
Use is subject to the condition that the User does not use the Service for any purpose other than that provided for in these GTC or the law. The Service may only be used by the Users for personal non-commercial purposes. Users are responsible for all activities related to their use of the Service.
Termination of the contract
An information society service contract is concluded between the parties for an indefinite period, which may be terminated at any time, under which the User installs the application and accepts these GTC.

Users are entitled to terminate the contract in writing without giving any reason. The notice of termination must be sent to the Service Provider in electronic form by e-mail or by post, in writing, using the contact details above. The contract terminates by the deletion of the existing User Account and the deletion of the application by the User from his/her device.
The Service Provider may terminate the contract in writing without giving any reason, giving 8 days’ notice. The contract terminates after the notice period has expired. The notice of termination must be sent to the other party in writing by e-mail or by post by registered letter with acknowledgement of receipt. The Service Provider will delete the User’s User Account on the day of termination of the contract.
In the event of the occurrence of any of the events set out in this clause, the Service Provider shall be entitled to terminate the contract with immediate effect without any obligation to pay damages (hereinafter referred to as „extraordinary termination”):
If the User’s statement or conduct/behaviour violates the Service Provider’s reputation and business integrity,
If the User breaches its obligations under the contract (these GTC). In the event of extraordinary termination, the Service Provider reserves the right to enforce its rights arising from the breach, including the right to compensation for damages.
The Service Provider will notify the User concerned of the extraordinary termination in writing, by e-mail or by post. The notice and notification under this clause will include the name of the User concerned, the reason for termination, the provision of the GTC that the User has breached, a brief description of the breach and the date of termination of the contract.
If the User requests the Service Provider to erase his/her data and deletes the Application from his/her device, the contract shall terminate on the date of receipt of the request for erasure.
Contact and support
Users can send questions in connection with the operation of the Application to the info@euforiajatek.hu e-mail address, to which the Service Provider will reply within 30 days.

Other and final provisions
The Service Provider may unilaterally amend these GTC with prior notice to the Users. No backup of the amendment is made, but the current text of the GTC as shown on the website from time to time is valid.

The Service Provider is entitled to place advertisements and other marketing content on the website at any time as well (www.euforiajatek.hu).

The parties agree that all issues governed by this contract, including the validity of the contract and the issue of contractual clauses, declarations, agreements and obligations, shall be determined by applying the rules of Hungarian law.

The Parties shall endeavour to resolve all disputes regarding this contract amicably. Any disputes that cannot be settled amicably shall be settled by the Parties before the competent court of jurisdiction in accordance with the Code of Civil Proceedings in force at the time.

Matters not regulated in these GTC shall be governed by the provisions of the applicable legislation including, in particular, Act V of 2013 on the Civil Code, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Act CXII of 2011 on the right to informational self-determination and freedom of information, Act LXXVI of 1999 on Copyright and Act CVIII of 2001 on Certain Aspects of Electronic Commerce Services and Information Society Services.