TERMS AND CONDITIONS OF USE

Last updated: 27.04.2023

INTRODUCTION
1. Welcome to MySpot App (hereinafter referred to as "The Application" or “Application”) which is operated by “My Spot App” Ltd. (hereinafter referred to as Provider) and may be accessed worldwide.
2. By using this Application you agree to be bound by these Terms and Conditions of use. Please read these Terms and Conditions carefully before using this Application and if you have any questions, please contact us at: legal@myspot.bg
3. If you do not agree to any of the conditions contained in these Terms and Conditions, you should not use this Application. These Terms and Conditions are available in the Application itself, which allows their storage and reproduction.
PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS
1. These Terms and Conditions have been drafted and intend to regulate the relations between “My Spot App” Ltd., a company, registered in the Commercial Register at the Registry Agency of the Republic of Bulgaria with UIC: 207339717, having its seat and registered address at Sofia, 1421, Lozenets, 5A “Lale” Street, floor 4, apartment 6 and e-mail address: legal@myspot.bg, hereinafter referred to as "Provider", and the users of the Application, hereinafter referred to as "Users", in connection with the download, installation, and use of this Application. The other documents that govern the relationship between the Provider and the Users in connection with the use of the Application are the Privacy Policy and the Cookies Policy.
2. These Terms and Conditions will come into force as soon as the User uses the Application for the first time. The Terms and Conditions shall be applied each time the User uses the Application and will have effect from stopping of the use of the Application. The User undertakes to use the Application and all the contents of the Application legally, in accordance with the conditions set forth in these Terms and Conditions.
DEFINITIONS
1. For the purposes of these Terms and Conditions:
  1. Provider is “My Spot App” Ltd.
  2. User/s is/are:
    - the user/s to the application MySpot App;
    - the individual who has reserved a spot and/or services from the Application.
    - the individual who has subscribed to receive newsletters.
  3. Support is a provided formular in an electronic form, where Users have the ability to send feedback/inquiries from the Application to the Provider. The Support form is available on the Side menu of the Application and which full completion is a condition for contacting the Provider.
  4. Newsletter subscription is including a User’s e-mail address in a list with e-mail addresses where the owner of the e-mail address receives updated information about the services offered by the Provider.
  5. Organisation is a representation of an entity that has concluded an agreement with the Provider for the services provided. An organisation can own multiple business locations.
  6. Business location is a location owned by an organisation and represents their business. A location has spots which Users can make a reservation on.
  7. A spot is something the User pays for and receives as a service. A spot is owned by a location. A single spot can have only one active reservation per day. Spots can be released by Users before the end of the reservation period.
  8. Price tags are explicitly defined for each spot with the ability to change in real time.
  9. A ticket (reservation) is a proof-of-purchase for a given spot. Each ticket is associated with a payment.
  10. A payment is the actual payment details for the proof-of-purchase for a given ticket.
  11. Credits are an in-app currency that can be used within the Application. Credits hold a 1:1 conversion rate with Bulgarian Leva. Credits are provided when a cancellation of a reservation/ticket is made; or when a spot is released intraday. Credits should always be used when available upon making a new reservation.
  12. The layouts are created for the purpose of MySpot Application where they're rendered for visualisation and presented to the User for interaction when making a reservation at a given location.
  13. The Scanner is a spot preview page, by which the Users can see the state of the spot (whether it is available or reserved).
  14. These Terms and Conditions provide information about:
    - Identification of the Provider;
    - Subject matter of the Terms and Conditions;
    - Characteristics of the Application;
    - Installation of the Application;
    - Registering a profile in the Application;
    - Spot and service bookings
    - Layouting;
    - Scanner;
    - Pricing and payment terms;
    - Commissions;
    - Cancellation of bookings;
    - Reimbursement of payments and credits;
    - Rights, obligations, and liability of Users of the Application;
    - Rights and obligations of the Provider;
    - Personal data protection;
    - Exemption from liability;
    - Newsletter subscription;
    - Intellectual property rights;
    - Breach and termination.
IDENTIFICATION OF THE PROVIDER
1. Name of the Provider: “My Spot App” Ltd.
2. Seat and registered address: Sofia, 1421, Lozenets, 5A “Lale” Street, floor 4, apartment 6.
3. Contacts: e-mail address: legal@myspot.bg
4. Data for entry in the commercial register and any other public register:
  - “My Spot App” Ltd is a company, registered at the Commercial Register at the Registry Agency of the Republic of Bulgaria with UIC: 207339717.
INFORMATION ABOUT SUPERVISORY AUTHORITIES
1. Commission for Personal Data protection
  - Address: Republic of Bulgaria, Sofia 1592, 2 “Prof. Tsvetan Lazarov” Blvd.
  - Telephone: 02/91-53-519
  - Fax: 02/91-53-525
  - E-mail: kzld@government.bg, kzld@cpdp.bg
  - Website: www.cpdp.bg
2. Commission for Consumer Protection
  - Address: Sofia 1000, 4A "Slaveykov" Square, floor. 3, 4 and 6
  - Telephone: 02/933 0565
  - Fax: 02/988 42 18
  - Hot line: 0700 111 22
  - E-mail: info@kzp.bg
  - Application: www.kzp.bg
SUBJECT MATTER OF THE TERMS AND CONDITIONS
1. The Provider has created the mobile Application MySpot, which contains detailed information about the services offered to the Users.
2. The Provider provides and the Users undertake to use the Аpplication under the conditions set forth in these Terms and Conditions. The Provider grants the User who has agreed with these Terms and Conditions the non- exclusive, non-assignable, non-transferable, revocable license, without the right to sublicense to download, install and use the Application on a mobile device as expressly permitted by the Terms and Conditions below and subject to the limitations set forth herein.
3. In its professional activity, the Provider guarantees to the full extent the rights of the Users provided by law, as an additional corrective of its activity are namely the good faith, as well as the consumer and commercial criteria established as good practices.
CHARACTERISTICS OF THE APPLICATION
1. The Application is an online platform consisting of an electronic booking system, which informs Users about the spots and services available and offered by each Organisation that has its Business Location listed on the Application and enables Users to book spots and services within those Business Locations.
2. The number of possible types of spots and services is not limited and is constantly being increased.
3. As a booking system provider, the Provider does not deliver, provide, control, or offer nor is the owner of any service hosted on the Application. As the User books a service and the Organisation is a provider of the service booked, the parties enter into an agreement with each other, and the Provider is not considered to be a party to this agreement. Likewise, the Provider is not a party to any contractual relationship between the Organisation and the User.
4. The main characteristics of the spots and services offered are indicated individually in the relevant profile of the Business Location selected by the User.
5. The Application includes comprehensive information about:
  - Information about the Provider;
  - All types of spots and services that the Business Locations offer to Users;
  - Information about how to contact the Provider.
6. The Users of the Application have the opportunity to use the following services, namely:
  - to view the content of the Application;
  - to register a profile;
  - to book spots and services offered by the Organisations in their Business Locations through the Provider's Application;
  - to make payments for the spots and services booked from the Application;
  - to receive information about new services and special offers offered by the Provider.
7. The Provider provides detailed information to the Users for each Business Location and its spots and services offered on the Application.
INSTALLATION
1. The Application has been developed for each of the two most popular mobile operating systems - iOS and Android. The Application can be used for User’s personal and noncommercial use. The Application is available for download and installation on a mobile device at Google Play and Apple Store. The normal use of the Application requires the presence of mobile devices (smartphones, tablets) as well as an Internet connection - mobile or wireless (WiFi). If you do not have the appropriate software, hardware, and internet connection, you will not be able to use the Application.
2. In order to use the Application, the User shall install the Application. Installation of the Application is free of charge. By installing the Application the User accesses all functionalities of the Application. The Provider collects and processes information about the use of the Application.
REGISTRATION
1. The services offered on the Application are intended to be used by Users who are mature and capable. By accepting these Terms and Conditions of use, the User declares that he/she meets these conditions.
2. The User can access the Application without registration. However, if the User wishes то use the Application in order to book spots or services provided by the Organisations in their Business Locations, he/she has to register an account.
3. The registration on the Application is voluntary and free of charge. Registration entitles Users to purchase offered in the Application of the Provider services and also to use all the services of the Application itself. To register, the User shall select the "Sign Up" button and fill out a registration form in which the following data shall be filled: first name, last name, e-mail address, and password.
4. After filling in the required information, the User shall click the "Sign Up" button. The User is responsible for protecting his/her password, as well as for all actions performed by the User or by a third party using the password.
5. By completing the registration procedure, a User’s account is created on the Application. To log in the User shall fill in his/her e-mail and password.
6. Alternatively, the User can sign in via third-party identity services such as Google, Facebook, or Apple ID. When registering using his/hers existing Google, Facebook, or Apple ID account, the User does not need to fill in his/hers name, e-mail address, and password. The account on the Application will be automatically created.
7. It is prohibited for the same e-mail address or existing Google, Facebook, or Apple ID account to be registered for more than one User’s account.
8. The User confirms that the information provided during the registration is correct. The Provider is not responsible for any typographical errors or misrepresentations of information or information presented in a misleading manner. The User undertakes to update and correct outdated and inaccurate data within 7 days of the change of the data. The User is responsible for all actions that are performed through the registered account. The User undertakes to notify the Provider of suspected or unlawful access.
9. The Provider has the right to reject an application for registration of the User’s account or refuse access to the services offered on the application in the event that the User provides or the Provider has doubts that the User has provided incomplete, incorrect, or inaccurate information. The Provider has the right to close/delete the account of the registered User if at his discretion or if information is available from competent government authorities, that the unauthorized actions are or have been committed through the registered account of the User.
10. In the case of an online booking made by a registered User and a subsequent deletion of the profile, the booking will no longer be valid and it will be cancelled.
11. The Username of the User is auto-generated upon registration. The User may edit the generated username at any time after the registration.
SPOT AND SERVICE BOOKINGS
1. Registration is required to use the Application. Spot and Service bookings in the Application are accepted 24 hours a day, seven days a week.
2. To book a Spot or a Service from the Application, the Users who have a registered User profile need to log in to their profile, select the Spot or Service they want to book and press the "Reserve a Spot Here" button. Next, the User shall fill out all the information requested such as sector, date, quantity, spot, and press on the “Confirm” button. The User will then be forwarded to the next step, where he/she can select any other services that the Business Location might offer and press the “To Payment” button. Finally, the User shall choose the method of payment from the following options: - Credit/ Debit Card; - Google Pay; - Paypal; - Apple Pay. After selecting the payment method, the User shall press on the "Confirm" button and the booking will be made. In case that the User has selected the option Credit/ Debit Card, and this is his/hers first booking, the User will be asked to fill out the following information: the name on the card, the card number, expiry date, and the CVC of the card and press the “Add card” button. After adding the card, the User will be forwarded to the page where he/she can select the payment method and make the reservation by pressing the button “Confirm”. Once the payment is processed, the Application will issue a Ticket, containing a QR code, which the User shall show to the Business Location as proof that he/she has made the booking. A ticket price may include a commission for payment processing and the use of the platform.
3. It is assumed that when making an online booking from a registered User profile, the User who made it is the one on whose behalf the respective profile is registered.
4. The Provider confirms the payment for the reservation made by the User via e-mail. An e-mail order confirmation is considered to be the conclusion of a distance sales agreement. The confirmation sent by Provider to the User is deemed to have entered into force when it was sent to the e-mail address specified by the User, despite the fact that the sent e-mail has not reached the User.
5. The reservation is deemed to be confirmed once the payment has been processed.
6. The Provider has the right to cancel bookings for which there are grounds to believe thay contain incorrect data. The Provider notifies Users of missing data or incorrect data, and in the event, that the Provider does not receive complete or correct information within 36 hours, the Provider cancels the order.
SPOT PREVIEW PAGE – SCANNER
1. By using the feature “Scanner”, Users can check spot availability for the current day by simply scanning each QR code, available on each spot of the Business Location of the Organisation. There is no need to have a registered profile to use this feature.
2. Based on the spot’s state (available, reserved) a different content (and graphics) will be presented to the User. - If a spot is reserved, the User will see body text and graphical content, stating that the spot is reserved, on his/her device screen and therefore the User cannot use the spot; - If a spot is available, aside from body text and graphical content and if the User has the Application installed, the User can open the Application and navigate directly to a payment details page with pre-populated data from the QR code available on the spot.
PRICING AND PAYMENT TERMS
1. The prices of the spots and services offered at the Provider's Application are in Bulgarian Leva. The quoted prices are for a single quantity.
2. Payments for the spots and services may be made in one of the following ways:
  - Credit/ Debit Card;
  - Google Pay;
  - Paypal;
  - Apple Pay.
3. If the User provides his/her payment information, he/she authorises the third-party service providers, payment processors, and/or payment card networks to receive, store, and encrypt User’s payment information. The Provider does not have any access to the User’s bank or credit card information.
4. The User shall pay the Provider in advance the whole amount of the spots and services through the Application. If the currency of the card with which the payment was made differs from the payment currency, the payment amount will be calculated on the card issuer's respective exchange rate for the day.
5. The Provider is allowed at its own discretion to change the prices on the Application at any time.
COMMISSION
1. The Application works with a commission-based model, meaning that the User pays a fee on each confirmed booking made using the Application.
2. The commission is calculated depending on the number of spots the User has reserved. Each spot has a fixed fee.
3. The amount of commission to be paid will be visible to the User before confirmation, as well as in the payment confirmation e-mail sent to the User.
CANCELLATION OF BOOKINGS
1. The User has the right to cancel the booking made by him/her and confirmed by the Provider only upon explicit cancellation via the Application. To do so, the User shall choose the "Bookings" button at the bottom menu of the Application, select the Active booking he/she has made, choose the spot in Business Location he/she wishes to cancel, and then press on the "Cancel" button. The user will then be forwarded to a page where he/she shall select the date/s for which he/she wishes to make a cancellation and press the "Cancel" button. After the User confirms that he/she wants to cancel the reservation by pressing the "Cancel Reservation" button, the reservation will be cancelled. The User has an option to undo the cancellation, in case he/she has cancelled the wrong booking.
2. A booking made shall also be cancelled in the following cases:
  - upon termination and subsequent liquidation or insolvency of one of the parties;
  - in case of objective impossibility to execute the order of one of the parties;
  - in case of legal actions taken by the state authorities, directed at the Provider's activity, including sealing of objects and the like.
REIMBURSEMENT OF PAYMENTS. CREDITS. REFUNDS
1. In the event of cancellation or release of the spot intraday, reimbursement of the amount paid will be automatically made in the form of Credits and will be paid into the User’s account in the Application. Credits hold a 1:1 conversion rate with BGN (for example 1 BGN = 1 Credit).
2. If the User cancels the booking before the date and time of the reservation, the full amount shall be refunded to the User in the form of Credits minus the commission that the User pays for each booking he/she has made.
3. In cases where either the Provider or the Organisations have cancelled an upcoming booking that the User has made the full amount shall be refunded to the User in the form of Credits.
4. The User can view his/hers Credit score from the “Credits” button on the Side Menu of the Application.
5. Credits should always be used when available upon making a new reservation.
6. The Provider shall notify the User by e-mail of the reimbursement of the amount paid in the form of Credits.
7. In cases where the User has deactivated his/her account in the Application, while still having upcoming bookings, the Provider will cancel all upcoming bookings and will refund all remaining sums to the credit/debit card the User used for the payment of the reservations. The refunds will be done through the services of Stripe.
FORCE MAJEURE
1. The Provider shall not be held liable for total or partial non-performance of the obligations under these Terms and Conditions if it is due to "Force Majeure" (Force Majeure). "Force majeure" means an extraordinary circumstance (event) that arose after the signing of the agreement, could not be foreseen and is not dependent on the will of the parties, such as fire, industrial accidents, military actions, natural disasters - storms, torrential rains, floods, hailstorms, earthquakes, ice, drought, landslides, etc. natural elements, embargo, government bans, strikes, riots, etc.
2. In the event that the Provider has been unable to fulfill its obligations due to a force majeure, the Provider shall be obliged within 10 days to notify in writing the User of its occurrence, as well as the supposed period of validity and termination of force majeure.
RIGHTS, OBLIGATIONS, AND LIABILITY OF USERS OF THE APPLICATION
1. Permitted uses:
  - The User undertakes to use the Application and its functionality legally and in accordance with these Terms and Conditions of Use.
  - The User has the right to review the contents of the Application.
  - The User has the right to contact the Provider of this Application.
  - The User has the right to book the spots and services offered by the Organisations in their Business Locations and to make payments for the bookings from the Application.
  - The User has the right to register only one account.
  - The User has the right to delete an account he/she registered at any time.
  - The User undertakes to update the information in his/hers registered account in case of any change that has occurred within 7 days.
  - The User is allowed to install and use the Application only on one device. The User shall own the device on which the Application will be installed and used.
  - The User has the right at any time, at his own discretion, to terminate the use of the Application by terminating his registration. From the moment of termination of the registration the contract between the parties is considered to be automatically terminated, and the Provider suspends the access of the respective User to his profile and has the right to suspend the access to and delete from the servers under his control all located by the respective User content. By uninstalling and/or deleting the Application from the respective mobile device, the contract between the parties is not terminated. The User saves his/her profile and has the right to use the Application from another mobile device.
2. Restrictions on use:
  - The User is not allowed to publish content that infringes the Intellectual Property Rights of the Provider or third parties.
  - The User is not allowed to publish content in any form (image, text, etc.) that is vulgar, threatening, abusive, obscene, or violates the duty of good faith.
  - The User is not allowed to modify, copy, duplicate, create derivative or customized, separate, or entire parts of the Application.
  - The User is not allowed to provide to any third party in any manner and any form, for any commercial or non-commercial purpose, any content, information, know-how, or technology that is derived in part or in whole from the Application.
  - The User is not allowed to publish, send or otherwise make computer viruses or the like.
  - The User is not allowed to disable and/or upset the full or partial functionality of the Application as well as the services offered on the Application.
  - The User is not allowed to disrupt the operation of networks or servers that are related to the Services and may not interfere with the provision of services.
  - The User shall not attempt to gain unauthorized access to any part of the Application or to the servers maintained and owned by the Provider.
  - The User undertakes to keep secret his/her e-mail address, username, and password for accessing his/her registered account.
  - The User is not allowed to provide his account for use by others. The User is not allowed to use the accounts of other persons.
  - The User shall immediately notify the Provider of any unauthorized use of the username and password.
  - The User is not entitled to use the Provider's trademark. The User is responsible for any actions he/she has done in connection with the use of the Application.
  - The User bears the full responsibility for the use of the Application by any third party who has gained access to it. The User shall further bear full responsibility for any acts and omissions in violation of these Terms and Conditions.
  - The User shall not and shall ensure that no third party is able to lease, rent, sublicense, duplicate, share, lend, sell, give away, distribute, offer, assign, or transfer in any way the Application to any third party, in whole or in part, in any form, whether modified or unmodified.
  - The User shall not and shall ensure that no third party is able to alter, modify, convert, translate, or in any other way change the Application in any manner.
  - The User shall not and shall ensure that no third party is able to create any adaptation, customization, variant of the Application, or other property of the Provider.
  - The User shall not and shall ensure that no third party is able to use the Application in an immoral or defamatory context, or in a way that can be thought illegal, offensive, or derogatory.
  - The User shall not and shall ensure that no third party is able to use the Application in a way that violates any third party's intellectual property right and any applicable law or regulation of any country, state, or other governmental entity.
  - The User shall not and shall ensure that no third party is able to misleadingly represent that the Application was created by the User or a person other than the Provider.
3. Rights reserved:
  - The Provider is the exclusive proprietor of the Application and the design embodied within the Application and owns all rights, title, and interest in the Application and the design embodied, together with its organization, structure, code, and related files. These Terms and Conditions do not grant the User any right, title, or interest in or to the Provider’s Properties, except the grant of rights specifically stated in the Terms and Conditions. Use of the Application in any other manner is strictly forbidden. All rights not granted by this license are expressly reserved.
RIGHTS AND OBLIGATIONS OF THE PROVIDER
1. The Provider may at any time make changes to the Application at its sole discretion, without obligation to notify.
2. The Provider may at any time update, modify, expand, add, or remove services on the Application.
3. The Provider may at any time make changes to the description and the prices of the services offered in the Application.
4. The Provider shall have the right to cancel unconfirmed bookings.
5. The Provider has the right to remove inactive accounts.
PERSONAL DATA PROTECTION
1. The Provider collects and processes personal data of Users by applying all the standards for the protection of personal data under 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 repealing Directive 95/46/EC. The Provider respects the privacy of Users and undertakes every effort to protect the personal data of Users against unlawful processing by applying technical and organizational measures, which measures are entirely consistent with state-of-the-art technological developments and provide a level of protection that corresponds to the risks associated with the processing and the nature of the data that should be protected. Detailed information on what personal data the Provider processes, the purposes of the processing of personal data, the period for the storage of personal data, as well as other information in fulfillment of the requirements of Article 13 of Regulation (EC) 2016/679 is available in the Privacy Policy which is published on the application of the Provider.
EXEMPTION FROM LIABILITY
1. The Provider warrants and represents that the Application offered by the Provider does not infringe any other intellectual property right. The Provider shall retain all rights, title, and interest, including all intellectual property rights, in the Application. The User agrees that the use of the Application is at User’s sole risk as to satisfactory quality performance, accuracy, and effort. The Provider licenses and the User accepts the license to use the Application on an "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS" basis. The Provider makes no warranties regarding the function or use of the Application, whether express, implied, or statutory, including without limitation, any implied warranties of merchantability or adequacy for any specific purpose. The Application has not been produced in circumstances that could result in environmental damage. The User bears the whole risk for the quality, performance, and use of the Application. The Provider does not guarantee that the functions included in the Application will meet User’s expectations or that the operation of the Application will be uninterrupted or error-free or that the Application is without defects.
2. The Provider does not in any way give any guarantee that the Application and its services will be available at any time and from anywhere in the world. The Provider does not guarantee that the Application will remain unchanged and will be maintained indefinitely over time.
3. The information on this Application could include technical inaccuracies or errors although the Provider uses reasonable efforts to keep all the information on this Application up to date. The Provider takes the necessary steps to ensure that the Users have uninterrupted access to the Application and also maintains the Application and services with the care of the good merchant for the purpose of providing services to Users with good faith. The Provider has the right to make changes and improvements to this Application at any time without notice. The Provider assumes no liability or responsibility for any damages or losses incurred for the Users as a result of the use of this Application and the information from this Application.
4. The responsibility for the use of this Application is entirely for the User as he/she operates and exploits its capabilities. The Provider assumes no liability or responsibility for any damages and adverse consequences associated with the use of this Application, including in the event of material damage to the relevant technical device of the User.
5. The Provider shall not be held liable for acts performed by Users in violation of these Terms and Conditions of Use. The Provider shall not be held liable for damages that are caused by false, misleading, inaccurate information provided by the Users of the Application.
6. The Provider shall not be held liable for any damages resulting from a User's fault, computer virus, omission, interruption, or problem in the system itself, supporting the integrity and structure of this Application.
7. The Provider shall not be held liable to any User whose personal data has been used by another User to use the services provided by the Provider.
8. The Provider shall not be held liable in case the User fails to receive a notification for changes made in these Terms and Conditions in case of accidental event and force majeure, as well as for technical or other reasons.
9. The Provider does not guarantee that the services and content posted on the Application will meet the User's expectations. In the event of any doubt as to the quality of any service or content posted on the Application, the User should not use the Application. If, in spite of these doubts, the User continues to use the Application, the responsibility, together with all the consequences for that, lies with the User.
10. The images posted on the Application are of high quality to enable Users to gain the most accurate idea of the type and quality of the services. However, there may be an inconsistency between the actual colors and those displayed on the display of the individual User depending on the type of display and device configuration of the User as well as its visual perceptions, and the Provider is relieved of responsibility that the displayed colors match the actual.
DISPUTE RESOLUTION
1. The Provider adheres to the highest standards of service to the Users and their interests.
2. In relation to para. 1 of this article, any dispute relating to an online purchase will be settled under the European Online Dispute Resolution platform, which can be found on the following website.
3. The European Online Dispute Resolution platform aims to resolve disputes relating to online purchases without going to court while facilitating communication between the Provider and the particular User and helping to maintain good relationships for the future between them.
4. The European Online Dispute Resolution platform uses only quality independent dispute resolution bodies that have been approved for quality standards relating to fairness, efficiency, and accessibility.
5. The dispute may also be referred to the Conciliation Committees of the Consumer Commission, which are the conciliation committees of the ADR.
LINKS TO THIRD-PARTY APPLICATIONS
1. The Application of the Provider contains links to websites maintained by third parties ("Third Party Websites"). All third-party websites accessible through this Application are independent and the Provider assumes no responsibility for damages and losses incurred by Users as a result of the use of these websites. The Provider is not responsible for the content on the third- party websites, and also for the presence of viruses or other harmful components on these websites.
NEWSLETTER SUBSCRIPTION
1. Newsletter subscription is including a User’s e-mail address in a list with e-mail addresses where the owner of the e-mail address receives updated information about the services offered by the Provider. Users have the right to unsubscribe from the list in which their e-mail address is included by choosing the "unsubscribe" option when receiving a newsletter. The User may also withdraw his/her consent to receive a newsletter in the order specified in Articles 15.7 and 16.1 of the Provider's Privacy Policy, which is available on the application of the Provider. The newsletter is distributed free of charge and the Provider is in no way bound to send newsletters on a regular basis.
PUSH NOTIFICATIONS
1. Upon installation of the Application, the User agrees to receive electronic communications, which appear in the form of pop-up messages or banners directly on the User’s device. These notifications may include information regarding the upcoming reservations of the User, as well as any other information relating to the services offered by the Provider. Such push notifications may be delivered to the User’s device even when the Application is running in the background. It is the User’s responsibility to keep his/her account information secure when using this feature. The User has the ability to turn off the push notifications sent from the Provider through his/her device settings.
INTELLECTUAL PROPERTY RIGHTS. LIMITATIONS OF USE
1. The whole content of the Application, including, but not limited to, all published texts, illustrations, graphics, computer programs, trademarks, and any information posted on the Application, with the exception of photographs provided to the Provider for the purpose of presenting the services - is the exclusive property of the Provider. The photographs provided to the Provider for the purpose of presenting the services are the exclusive property of the Organisations and the persons with whom the Organisations have concluded the relevant contracts. Use of Provider's trademark without his consent is a violation of the law. Trademarks, that are posted on the Application are protected by the applicable law. Nothing in these Terms and Conditions shall be construed as а permission to grant the right to use the posted on the Application trademark.
2. The content of the Application of the Provider may only be used by Users of the application for personal, non-commercial use.
3. The use of the information contained in this Application for commercial purposes, in any form (copying, modifying, downloading, selling, creating derivative works, reproducing, distributing, publishing, retransmission, etc.) is strictly prohibited. Users assume all liability from the use of the content of the Application in violation of the rights of the Provider and the User is entitled to full compensation for the damage caused by the User.
4. Access to the Application and the services provided on the Application shall in no way be considered and interpreted as a free provision of licenses or intellectual property rights.
5. Reproduction of the content of the Application or any part of it is done only with the written consent of the Provider.
6. Retrieving information from database resources located on the Provider's application and subsequently the User creates his/her own database in electronic or any other form will be considered a violation.
TRANSFER OF RIGHTS PROHIBITED
1. The User is forbidden to assign in any way the rights and obligations under these Terms and Conditions to any third party without Provider’s prior written permission. The User is forbidden to lease, rent, sublicense, lend, give, The User is forbidden to assign in any way the rights and obligations under these Terms and Conditions to any third party without Provider’s prior written permission. The User is forbidden to lease, rent, sublicense, lend, give,
2. Any assignment and transfer in violation of these Terms and Conditions shall be considered invalid, void, or unenforceable.
BREACH AND TERMINATION
1. The Provider is entitled to temporarily suspend or terminate the provision of a service in case of violation and/or suspicion of breach of these Terms and Conditions of use or in case of unfair behavior and/or suspicion of unfair behavior of the User.
2. The Provider has the right to terminate User’s rights to use the Application and User’s account at any time by written notice to the User in the following cases, but not limited to:
  - at any time upon request by the User by e-mail;
  - in other cases at Provider's discretion, after prior notice;
  - if another person than the User has used the Application using theUser’s access rights;
  - when the User acts in violation of these Terms and Conditions;
  - when the User performs actions that violate the reputation of the Application;
  - when the User performs actions that violate the Provider's interests;
  - in case of actions that violate the security and functioning of the Application;
  - in case of violation of the Provider's intellectual property rights;
  - on receipt of an order from a competent state authority;
  - if the User becomes a competitor of the Provider by developing, licensing, or distributing similar Applications or services;
  - due to continuous periods of inactivity;
  - in other reasonable circumstances as determined by the Provider at its discretion.
3. The Provider has the right to refuse the creation of a new account of a User, whose account has been terminated.
4. The Provider is not obliged to control the manner in which the User uses the Application, and is not responsible for the purposes and activities of the User in connection with the use of the Application.
5. In the event of termination of User’s rights to use the Application the User shall immediately uninstall the Application and deactivate his/her account. The User shall confirm in writing that the foregoing requirement has been completed. The User shall have no further right to use the Application in accordance with these Terms and Conditions. The User agrees that the Provider will not be liable for any termination of the User’s account or access to the Application.
6. In the event of termination of the User’s rights to use the Application the Provider shall not be held liable for any damages suffered and lost profits by the User or third parties, which occurred as a result of the User's suspension of the User's profile, termination of his registration as well as following the provision of information or execution of orders to the competent state authorities.
FINAL PROVISIONS
1. All communications and notifications between the Provider and the User will be deemed to be valid if they are sent in writing.
2. The invalidity of any provision of these Terms and Conditions will not result in the invalidity of the Terms and Conditions as a whole.
3. Neither party is, nor shall either party represent itself as, an agent, employee, representative, or partner of the other party. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party, to incur any obligation or liability or otherwise bind the other party. These Terms and Conditions are not intended to create an agency, partnership, association, or joint venture between the parties, or to impose any partnership liability upon either. Additionally, no party has the right to bind the other party, in any manner whatsoever and to any other person, except in accordance with the provisions of these Terms and Conditions.
4. For all matters not covered by these Terms and Conditions, the provisions of the Bulgarian civil and commercial legislation shall apply only.
5. Any disputes between the Provider and the User arising out of these Terms and Conditions and the individual agreement shall be settled amicably by the parties. If the dispute cannot be resolved amicably, it shall be settled according to the European online dispute resolution platform or by the Conciliation Committees of the Consumer Commission, which the Conciliation Committees are the ADR body or the competent court.
6. The Provider has the right to update these Terms and Conditions of Use at any time in the future. When this happens, the revised Terms and Conditions will be posted on this application with a new "Last Updated" at the top of these Terms and Conditions and will be in force from the date of publication. It is therefore advisable to periodically check these Terms and Conditions to make sure that you are familiar with any changes. Using the Application after publishing the updated Terms and Conditions, you will be deemed to agree with the changes made.
7. If you have additional questions about these Terms and Conditions of Use, please do not hesitate to contact the Provider at: legal@myspot.bg.

Features How It works Download app FAQ Go to Business

Terms & conditions Privacy policy Cookie policy