Terms of Service
Operator Identification In accordance with Article 6 of Directive 2011/83/EU and the corresponding provisions of Slovak Act No. 22/2004 Coll. on Electronic Commerce, the trader operating the TQK platform is identified as follows: Legal name: [FULL LEGAL ENTITY NAME, INCLUDING LEGAL FORM] Registered seat: [STREET, CITY, POSTAL CODE, COUNTRY] Company registration number (IČO): [NUMBER] Tax identification number (DIČ): [NUMBER] VAT identification number (IČ DPH), if applicable: [NUMBER] Commercial Register entry: [SECTION, INSERT NUMBER, COURT] Supervisory authority: Slovak Trade Inspection (SOI), Bajkalská 21/A, 827 99 Bratislava General contact email: [hello@tqk.example] Customer support email: [support@tqk.example] Legal and notice-and-action email: [legal@tqk.example] Single point of contact under Article 11 of Regulation (EU) 2022/2065: [legal@tqk.example] PLEASE READ CAREFULLY These Terms of Service (the “Terms”) form a legally binding agreement between you and TQK governing your access to and use of the TQK platform. They sit alongside the TQK User Consent, Liability Waiver, and Assumption of Personal Risk Agreement (the “User Consent Agreement”) and the TQK Privacy Policy. Together, these three documents make up the complete agreement between you and TQK. IMPORTANT — LEGALLY BINDING. By creating an account, tapping “I Agree”, accessing the platform, joining a community, attending an event, completing a mission, subscribing to any paid tier, or otherwise interacting with TQK in any way, you confirm that you have read these Terms in full, that you understand them, that you accept them voluntarily, and that you agree to be bound by them, by the User Consent Agreement, and by the Privacy Policy.
- Plain-Language Summary This section is a short summary of the Terms, written in everyday language, so that no User can reasonably claim they did not understand what they were agreeing to. The full legal terms follow in Sections 2 through 28. Where the summary and the full terms differ, the full terms govern. In plain terms: TQK is a gamified self-improvement platform built around Missions, Ranks, communities, an Academy area, and a Map and territory system. Some features are free; some are available only to paid subscribers and Founders. These Terms cover the commercial side of your relationship with TQK — your Account, what you can and cannot do, how subscriptions and payments work, who owns what, and how the agreement ends. Personal risk, sole personal liability, and the absence of professional advice are covered in the User Consent Agreement, not here. How your data is handled is covered in the Privacy Policy, not here. You can stop using TQK at any time. Paid subscriptions can be cancelled in accordance with Section 9. Ranks, XP, badges, achievements, and any in-Platform progression have no monetary value, cannot be redeemed for cash, and cannot be sold or transferred. TQK may suspend or terminate access for breach of these Terms, the User Consent Agreement, or the Community Rules, in accordance with the Digital Services Act. These Terms are governed by Slovak law, without prejudice to any mandatory consumer protections available to you under the laws of your country of residence.
- Definitions Capitalised terms used in these Terms have the meanings given below. Where a term is used but not defined here, it has the meaning given in the User Consent Agreement or the Privacy Policy. “Academy” means the structured learning area within TQK containing courses, lessons, videos, articles, downloads, and other educational content. “Account” means the registered user account through which you access TQK. “Business User” means a User who accesses or uses the Platform in the course of their trade, business, craft, or profession, including agencies, organisations, and self-employed professionals using TQK in connection with their commercial activity. “Community Rules” means the in-platform code of conduct, community guidelines, and any feature-specific rules published by TQK from time to time, as supplemented or amended. “Consumer” means a natural person who, in matters covered by these Terms, is acting for purposes which are outside their trade, business, craft, or profession, within the meaning of Article 2(1) of Directive 2011/83/EU and Slovak Act No. 250/2007 Coll. “Content” means any text, image, audio, video, file, mission submission, post, message, reaction, profile field, or other material made available on or through TQK. “Dashboard” means the personalised in-platform interface through which a User views their progression, Missions, Ranks, and Account settings. “Digital Services Act or DSA” means Regulation (EU) 2022/2065 on a Single Market for Digital Services. “Founder” has the meaning given in the Privacy Policy. “Map” means the geographic or territorial feature of TQK in which Users may participate in location-based activities. “Mission” means any task, challenge, quest, streak, or progression activity offered through TQK. “Paid Plan” means any subscription tier, Founder tier, or one-off purchase offered by TQK that requires payment. “Platform” means the TQK website, mobile applications, desktop applications, Dashboard, Academy, Map, community rooms, Missions system, ranking system, and any other service operated by TQK under the “TQK” or “The Quiet Kings” brand. “Rank” means the level, score, badge, achievement, or progression status assigned to a User within the TQK progression system. “TQK, we, us, or our” means the operator identified in the Operator Identification block above. “User, you, or your” means any individual who accesses or uses the Platform, whether on a free, Founder, paid, or any other basis. “User Content” means Content that you create, upload, post, transmit, or otherwise make available on or through the Platform. “Virtual Items” means any in-Platform Ranks, XP, points, badges, achievements, currencies, tokens, items, cosmetics, or other digital elements awarded, displayed, or used within the Platform, none of which has any monetary value outside the Platform.
- Relationship to Other Documents These Terms must be read together with the User Consent Agreement and the Privacy Policy. The three documents are intended to operate as a single framework. Where there is a direct and irreconcilable conflict: Matters of personal risk, assumption of risk, sole personal liability, and the absence of professional advice are governed by the User Consent Agreement; Matters concerning the processing of personal data, your rights as a data subject, retention, and data transfers are governed by the Privacy Policy; All other commercial and operational matters, including Account terms, acceptable use, subscriptions, payments, intellectual property, suspension, and termination, are governed by these Terms. TQK may also publish Community Rules, a Refund Policy, a Cookie Policy, a Founder Programme description, fair-use policies, and other supplementary policies. Where any such supplementary policy is referenced in these Terms or made reasonably available to you within the Platform, it forms part of these Terms by reference.
- Language and Pre-Contractual Information These Terms are concluded in English. Where translations into other languages are provided, they are for convenience only; in the event of any conflict or inconsistency, the English version governs, except where Slovak law requires otherwise for Consumers resident in the Slovak Republic, in which case the Slovak-language version (where published) governs in respect of that Consumer. Before you conclude a Paid Plan, TQK provides the pre-contractual information required by Article 6 of Directive 2011/83/EU and Slovak Act No. 102/2014 Coll., including the main characteristics of the digital service, the identity of the trader, the total price (inclusive of taxes) or the manner in which the price is to be calculated, the arrangements for payment and supply, the duration of the contract and conditions for terminating it, and the existence and conditions of the right of withdrawal. By proceeding with a purchase, you confirm that this information has been made available to you in a clear and comprehensible manner.
- Eligibility and Account Registration 5.1 Eligibility To create an Account and use the Platform, you must: Be at least the age of majority in your country of residence, or, where you are below the age of majority but above the minimum digital-consent age applicable to you, have the verifiable consent of a parent or legal guardian who has also read and accepted these Terms, the User Consent Agreement, and the Privacy Policy on your behalf; Have the legal capacity to enter into a binding contract under the laws applicable to you; Not be a person established, located, or resident in a country or territory subject to comprehensive sanctions imposed by the European Union, the United Nations Security Council, the United Kingdom, or the United States, and not be listed on any restricted-parties or sanctions list maintained by any of those authorities; Not be barred from receiving the Platform under any applicable law, including export control, sanctions, or trade restrictions; Not have previously had an Account terminated by TQK for breach of these Terms, the User Consent Agreement, or the Community Rules, unless TQK has expressly agreed in writing to reinstate access. 5.2 Account creation You agree to provide accurate, current, and complete information when registering an Account and to keep that information up to date. You may not impersonate another person, misrepresent your affiliation with any person or entity, or use false credentials to register or maintain an Account. 5.3 Account security You are solely responsible for safeguarding the credentials associated with your Account. Without limitation, you agree that you will: Use a strong, unique password and, where offered, enable multi-factor authentication; Not share your Account credentials with any third party; Notify TQK without undue delay if you become aware of any unauthorised access to or use of your Account. You are responsible for all activity that occurs under your Account, except to the extent that responsibility lies with TQK under mandatory applicable law. 5.4 One Account per User; no Account trading Unless TQK expressly permits otherwise, each User may hold only one active Account. You may not sell, rent, lease, sublicense, transfer, gift, assign, or otherwise dispose of your Account or any rights in it, including any Ranks, Virtual Items, or Founder entitlements. Any purported transfer is void and may result in immediate termination of all Accounts involved. 5.5 Consumer and Business Users These Terms apply to both Consumers and Business Users. Where a provision is stated to apply only to Consumers, it does not apply to Business Users. Sections of these Terms that relate to mandatory consumer protections (including the right of withdrawal in Section 9.6 and the statutory remedies referenced in Section 18) do not apply to Business Users to the extent permitted by applicable law. Business Users represent that they are entering into these Terms in the course of their trade, business, craft, or profession.
- Licence to Use the Platform Subject to your continued compliance with these Terms, the User Consent Agreement, the Privacy Policy, and the Community Rules, TQK grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Platform for your personal, non-commercial use (or, in the case of Business Users, for the specific internal business purpose described at the point of purchase). This licence does not permit you to: Resell, sublicense, lease, or otherwise commercially exploit any part of the Platform or any Content provided by TQK; Copy, modify, translate, adapt, decompile, reverse-engineer, or create derivative works of the Platform, except to the extent expressly permitted by mandatory applicable law; Access the Platform in order to build a competing product or service, or to copy any features, functions, or interfaces of the Platform; Use the Platform, any User Content of another User, or any TQK Materials to train, fine-tune, evaluate, benchmark, or otherwise develop any artificial-intelligence, machine-learning, or generative model, except with TQK’s prior written consent; Remove, obscure, or alter any proprietary notices, trademarks, copyright notices, or attributions appearing on or within the Platform.
- Acceptable Use You agree to use the Platform only for lawful purposes and in accordance with these Terms and the Community Rules. Without limiting the generality of the foregoing, you must not: Use the Platform to commit, facilitate, promote, or glorify any unlawful act, including fraud, money laundering, terrorist financing, harassment, stalking, defamation, infringement of intellectual property, distribution of illegal content, or breach of privacy rights; Upload, post, transmit, or otherwise make available any User Content that is unlawful, abusive, threatening, harassing, hateful, discriminatory, sexually explicit, defamatory, deceptive, or otherwise objectionable; Upload, post, transmit, or otherwise make available any content depicting or sexualising minors, any content constituting child sexual abuse material, terrorist content, non-consensual intimate imagery, or any other content the dissemination of which is prohibited under Regulation (EU) 2022/2065, Regulation (EU) 2021/784, or any other applicable law; Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or operate any inauthentic, coordinated, or deceptive Account or campaign; Interfere with, disrupt, or attempt to gain unauthorised access to any part of the Platform, any server, network, or system associated with the Platform, or the Accounts of other Users; Use any automated means, including scrapers, bots, crawlers, headless browsers, or data-mining tools, to access, monitor, copy, index, or collect any part of the Platform or User Content, except as expressly permitted by TQK in writing or by an unambiguous machine-readable signal published by TQK; Use the Platform, the Dashboard, the Academy, any community room, any Mission submission, or any User Content as input to, or training data for, any artificial-intelligence, machine-learning, or generative model, except with TQK’s prior written consent; Reverse-engineer, manipulate, exploit, or circumvent Missions, Ranks, leaderboards, the Map, Virtual Items, or any progression system, including by collusion, automation, multi-accounting, exploitation of software defects, or any other means; Transmit any virus, worm, trojan, ransomware, spyware, or other malicious code, or otherwise undermine the security, integrity, or availability of the Platform; Use the Platform to send unsolicited commercial communications, spam, chain letters, or pyramid schemes; Collect or harvest information about other Users without their consent, or use such information for any purpose not expressly permitted under the Privacy Policy; Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform; Circumvent any technical measure used by TQK to restrict access to or use of the Platform, including geographic restrictions, rate limits, paywalls, age gates, or moderation systems. TQK may issue, update, and amend the Community Rules from time to time. Continued use of the Platform after such updates constitutes acceptance of the updated Community Rules.
- User Content 8.1 Ownership You retain ownership of any intellectual-property rights you hold in your User Content. TQK does not claim ownership of your User Content. 8.2 Licence to TQK By posting, transmitting, or otherwise making User Content available on or through the Platform, you grant TQK a worldwide, royalty-free, sublicensable, and transferable licence to host, store, reproduce, format, adapt, translate, distribute, display, perform, moderate, archive, back up, and otherwise use that User Content as reasonably necessary to operate, provide, secure, promote, and improve the Platform, including, where applicable, in marketing materials about the Platform. This licence is non-exclusive and, except in respect of copies retained for back-up, legal, regulatory, or dispute-resolution purposes in accordance with the Privacy Policy, terminates when the relevant User Content is deleted from the Platform. This licence does not authorise TQK to use your User Content as input to, or training data for, any artificial-intelligence or machine-learning model used to generate outputs for third parties, except (a) with your separate, specific consent, or (b) where strictly necessary for internal moderation, safety, fraud-prevention, or service-operation purposes. 8.3 Representations and warranties You represent and warrant that: You own, or have all necessary rights, licences, consents, and permissions to make available, your User Content and to grant the licence in Section 8.2; Your User Content does not, and its use by TQK in accordance with these Terms will not, infringe, misappropriate, or violate any third party’s intellectual-property rights, rights of publicity or privacy, contractual rights, or any applicable law. 8.4 Moderation TQK may, but is not obliged to, monitor, review, screen, edit, refuse, restrict, demote, age-gate, or remove User Content at any time, with or without notice, where TQK reasonably considers that the User Content infringes these Terms, the Community Rules, the User Consent Agreement, or any applicable law, or is otherwise harmful or objectionable. Moderation may be automated, manual, or both. Moderation activities, statements of reasons, and complaint-handling are conducted in accordance with the Digital Services Act and any other applicable law.
- Subscriptions, Founder Tiers, and Payments 9.1 Paid Plans Certain features of the Platform are available only to Users on a Paid Plan, including subscription tiers and Founder tiers. The features, pricing, billing cycle, included benefits, and any limits of each Paid Plan are described at the point of purchase and may be updated from time to time in accordance with these Terms. 9.2 Prices and taxes Prices are stated inclusive or exclusive of applicable VAT or other taxes as indicated at the point of purchase. Where required by law, VAT and any other applicable taxes will be added at the rate in force at the time of the transaction, based on your billing country, tax residency, and applicable place-of-supply rules. For Consumers in the European Union, prices displayed include VAT unless otherwise indicated. 9.3 Billing and renewal By starting a Paid Plan, you authorise TQK and its payment processors to charge the payment method you provide for the agreed amount on the agreed billing cycle. Subscriptions automatically renew at the end of each billing period for a successive period of the same length, at the then-current price, unless you cancel before the renewal date. We will notify you of any change in the renewal price at least thirty (30) days before it takes effect. 9.4 Failed payments If a payment fails, TQK may retry the charge, restrict access to paid features, downgrade your Account to a free tier, or suspend your Account until payment is received. You remain liable for any amounts due, together with any reasonable costs of recovery permitted by applicable law. 9.5 Cancellation You may cancel a subscription at any time through your Dashboard or by contacting [support@tqk.example]. Cancellation takes effect at the end of the current billing period. You will continue to have access to paid features until the end of that period, and you will not be charged for further renewals. 9.6 Statutory right of withdrawal (EU and UK Consumers) If you are a Consumer in the European Union or the United Kingdom, you have a statutory right to withdraw from a contract for a Paid Plan within fourteen (14) days of its conclusion, without giving any reason and without incurring any costs other than those expressly provided in Article 14 of Directive 2011/83/EU. By starting a Paid Plan and expressly requesting that TQK begin providing the digital service immediately, and by acknowledging that you will thereby lose your right of withdrawal once the service has been fully performed, you (a) give your express prior consent to immediate performance, and (b) acknowledge that you forfeit the right of withdrawal upon full performance. Where the digital service has been only partially performed at the time of withdrawal, you may be charged a proportionate amount for the part performed in accordance with Article 14(3) of Directive 2011/83/EU. Where you remain entitled to withdraw, you may do so by sending an unequivocal statement to [legal@tqk.example] before the 14-day period expires. A model withdrawal form is available within the Platform and on request. 9.7 Refund Policy Subject to mandatory applicable law (including the right of withdrawal in Section 9.6 and any statutory remedies for non-conformity under Directive (EU) 2019/770), the following refund rules apply: Monthly subscriptions are non-refundable in respect of any month already commenced; Annual subscriptions are non-refundable after the 14-day withdrawal period referenced in Section 9.6, except in cases of material non-conformity of the digital service or as required by applicable law; Founder tiers and lifetime purchases are non-refundable after the 14-day withdrawal period referenced in Section 9.6, except in cases of material non-conformity of the digital service or as required by applicable law; One-off in-Platform purchases (including Academy course purchases) are non-refundable once the relevant Content has been accessed, except in cases of material non-conformity or as required by applicable law; TQK may issue discretionary refunds in cases of genuine billing error, demonstrable service failure, or other circumstances assessed on a case-by-case basis. Where a Consumer is entitled to a remedy for non-conformity under Directive (EU) 2019/770 or Slovak Act No. 102/2014 Coll., TQK shall, at its option and in accordance with applicable law, bring the digital service into conformity, grant a proportionate price reduction, or terminate the contract and provide a proportionate refund. 9.8 Chargebacks and payment disputes If you initiate a chargeback or payment dispute through your payment provider in respect of a transaction with TQK, you agree to first contact [support@tqk.example] in good faith to seek resolution. Chargebacks initiated without prior contact, or in respect of services that have been delivered in accordance with these Terms, may be treated by TQK as a material breach of these Terms and may result in suspension or termination of your Account and recovery of disputed amounts, in addition to any reasonable administrative costs permitted by applicable law. This Section does not limit any statutory right you have to dispute a payment under applicable law or the rules of your card scheme or payment provider. 9.9 Price changes TQK may change the prices of Paid Plans from time to time. Any change to the price of a recurring subscription will be notified to you at least thirty (30) days in advance and will take effect from the next renewal after the notice period. If you do not accept the new price, you may cancel before the change takes effect. 9.10 Founder tiers Founder tiers may carry specific entitlements, lifetime or extended-term benefits, or non-standard pricing, as described at the point of purchase or in a separate Founder Programme description. Founder benefits are personal to the Founder, are non-transferable, and may be modified or substituted by TQK only where (a) the modification or substitution is reasonably equivalent in value and utility, or (b) the original benefit becomes impossible or unlawful to provide. Where any term of a Founder tier conflicts with these Terms, the Founder-specific term applies for that tier only and only to the extent of the conflict.
- Virtual Items, Ranks, and Progression Virtual Items, Ranks, XP, points, badges, achievements, and any other in-Platform progression have no monetary value, are not currency, are not financial instruments, are not e-money, and are not redeemable for cash, goods, or services outside the Platform. They are non-transferable, non-saleable, and may be modified, reset, recalibrated, or removed by TQK at any time as part of normal platform operation. You acknowledge and agree that: You acquire no property right in any Virtual Item, only a limited, revocable licence to display and use it within the Platform; TQK may, at its reasonable discretion, balance, rebalance, devalue, retire, reset, or remove any Virtual Item, Rank, or progression mechanic, including in response to abuse, exploits, multi-accounting, or rule changes, without giving rise to any refund or compensation claim; Any purported sale, purchase, exchange, or transfer of an Account, Virtual Item, Rank, or Founder entitlement, whether for money or other consideration, is void and is a material breach of these Terms; You will not represent any Virtual Item or Rank as an investment, an asset, a security, or a financial instrument.
- Beta and Experimental Features TQK may make features available on a beta, early-access, preview, experimental, or limited-release basis. Such features are provided on an “AS IS” and “AS AVAILABLE” basis, may be unstable, incomplete, or inaccurate, and may be modified, withdrawn, or made unavailable at any time. To the maximum extent permitted by applicable law, TQK disclaims all warranties in respect of beta or experimental features. Mandatory Consumer protections under applicable law continue to apply where relevant.
- Intellectual Property of TQK The Platform, including all software, design, structure, sequence, organisation, source code, object code, databases, Missions, progression systems, the Map, the Academy curriculum and materials, in-Platform graphics, badges, Ranks, Virtual Items, written copy, audio, video, and any other content made available by TQK (collectively, “TQK Materials”), and all intellectual-property rights in or to them, are owned by TQK or its licensors and are protected by copyright, trademark, database, and other intellectual-property laws. “TQK”, “The Quiet Kings”, the TQK logo, and any related marks are trademarks of TQK. You may not use any TQK trademark without TQK’s prior written consent, except as strictly required to identify the Platform when discussing it factually and in accordance with applicable trademark law. Except for the limited licence granted to you in Section 6, no right, title, or interest in or to the TQK Materials is granted to you under these Terms, by implication, estoppel, or otherwise.
- Notice-and-Action, Statement of Reasons, and Internal Complaints 13.1 Notice-and-action TQK operates a notice-and-action mechanism in accordance with Article 16 of the Digital Services Act. Any person or entity may notify TQK of allegedly illegal content present on the Platform by submitting a notice to [legal@tqk.example] containing: A sufficiently substantiated explanation of the reasons why the notifier alleges the content to be illegal; A clear indication of the exact electronic location of the content, such as the URL or in-Platform reference, and where necessary additional information enabling identification of the content; The name and contact details of the notifier, except where the content is alleged to involve offences referred to in Articles 3 to 7 of Directive 2011/93/EU; A statement confirming the bona fide belief of the notifier that the information and allegations contained in the notice are accurate and complete. TQK will process valid notices in a timely, diligent, non-arbitrary, and objective manner. Where a notice contains the electronic contact information of the notifier, TQK will send a confirmation of receipt without undue delay and will notify the notifier of its decision. 13.2 Statement of reasons Where TQK restricts the visibility, suspends, terminates, demonetises, or removes any User Content, or suspends or terminates any Account, in each case on the basis that the User Content or behaviour is illegal or incompatible with these Terms or the Community Rules, TQK will provide the affected User with a clear and specific statement of reasons in accordance with Article 17 of the Digital Services Act, except where the User Content is deceptive high-volume commercial content. 13.3 Internal complaint-handling system In accordance with Article 20 of the Digital Services Act, TQK operates an internal complaint-handling system, accessible at [legal@tqk.example], which allows affected Users to lodge complaints electronically and free of charge against any moderation decision for a period of at least six (6) months from the date on which the decision was notified. Complaints are handled by appropriately qualified persons in a timely, non-discriminatory, diligent, and non-arbitrary manner. 13.4 Out-of-court dispute settlement In accordance with Article 21 of the Digital Services Act, Users who are not satisfied with the outcome of the internal complaint-handling system have the right to select any certified out-of-court dispute settlement body to resolve disputes relating to those decisions. TQK will engage in good faith with any such certified body. This right does not affect any other right Users may have to seek redress before a court. 13.5 Misuse of mechanisms In accordance with Article 23 of the Digital Services Act, TQK may, after issuing a prior warning, suspend for a reasonable period the processing of notices and complaints submitted by persons or entities that frequently submit notices or complaints that are manifestly unfounded, and may suspend Accounts that frequently provide manifestly illegal content.
- Third-Party Services The Platform relies on third-party providers for infrastructure, payments, analytics, communications, content delivery, identity verification, and other services. Some features of the Platform may also link to, embed, or integrate with third-party websites, applications, or services. Those third parties operate independently and under their own terms and privacy notices. TQK does not control, endorse, or assume responsibility for the conduct, content, accuracy, availability, or terms of any third-party service. Any dealings between you and any third party accessed through or in connection with the Platform are solely between you and that third party. The processing of personal data by such third parties is described in the Privacy Policy.
- Availability, Maintenance, and Modifications TQK uses reasonable efforts to make the Platform available and reliable, but does not guarantee uninterrupted, error-free, or secure operation. The Platform may be temporarily unavailable for maintenance, updates, security work, or due to circumstances outside TQK’s reasonable control. TQK may, at any time and at its reasonable discretion, modify, suspend, or discontinue any feature, functionality, or part of the Platform, in whole or in part, with or without notice. Where any such change materially and negatively affects a Paid Plan that you have purchased, you may be entitled to a pro-rata refund, to terminate the contract, or to other remedies in accordance with applicable consumer law (including Article 19 of Directive (EU) 2019/770) and with Section 9.7.
- Account Inactivity, Closure, and Data 16.1 Inactivity If an Account remains inactive for an uninterrupted period of twenty-four (24) months and is not on an active Paid Plan, TQK may, after giving reasonable advance notice to the email address associated with the Account, deactivate or close the Account in accordance with the retention rules set out in the Privacy Policy. 16.2 Closure by you You may close your Account at any time through your Dashboard or by contacting [support@tqk.example]. Closure does not entitle you to a refund except as expressly provided in these Terms or required by mandatory applicable law. 16.3 Data export Before closure, you may export a copy of certain User Content and Account data through the export tools made available within the Platform, in accordance with Article 16 of Directive (EU) 2019/770 and Article 20 of the GDPR. Exports are provided in a commonly used, machine-readable format to the extent technically reasonable. 16.4 Effect of closure On closure, your right to access the Platform ends and your User Content may be deleted, de-identified, or retained in accordance with the Privacy Policy. Closure does not affect any rights, obligations, or liabilities that have accrued before the date of closure.
- Suspension and Termination by TQK TQK may, in its reasonable discretion, restrict, suspend, or terminate your access to the Platform, in whole or in part, with or without notice, where: You have materially breached these Terms, the User Consent Agreement, or the Community Rules; Your use of the Platform poses a risk to the security, integrity, or availability of the Platform, or to other Users; TQK is required to do so by law, regulation, court order, or competent authority; TQK reasonably suspects fraud, abuse, manipulation of the Missions, Ranks, or Virtual Items systems, money laundering, terrorist financing, sanctions breaches, or other illegitimate use; Your continued access creates a material legal or regulatory risk for TQK that cannot be reasonably mitigated; Your Account has been inactive for the period described in Section 16.1. Where reasonably possible and not contrary to law or to legitimate security or moderation interests, TQK will give you prior notice and a reasonable opportunity to remedy the breach. Decisions to restrict, suspend, or terminate access in response to illegal or harmful User Content are accompanied by a statement of reasons in accordance with Section 13.2. On termination, your right to access and use the Platform ends. TQK may delete or anonymise your User Content in accordance with the Privacy Policy, except where retention is required for legal, accounting, security, or dispute-resolution purposes.
- Disclaimers To the maximum extent permitted by applicable law, the Platform is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, security, accuracy, reliability, completeness, timeliness, or availability. Without limiting the User Consent Agreement, you specifically acknowledge that nothing on the Platform constitutes medical, psychological, financial, legal, nutritional, athletic, vocational, or any other professional advice, and that Missions, Ranks, leaderboards, the Map, the Academy, and any in-Platform content are general motivational and educational frameworks only. Nothing in this Section excludes or limits any liability or warranty that cannot lawfully be excluded or limited under the laws applicable to you, including statutory consumer rights under Directive (EU) 2019/770, Slovak Act No. 102/2014 Coll., and Slovak Act No. 250/2007 Coll.
- Limitation of Liability To the maximum extent permitted by applicable law, and without prejudice to the User Consent Agreement: TQK shall not be liable for any indirect, consequential, special, incidental, exemplary, or punitive damages; for loss of profits, revenue, business, goodwill, anticipated savings, opportunity, or reputation; for data loss or corruption (to the extent reasonable back-ups have been maintained in accordance with normal industry practice); for community disputes or User misconduct; for security incidents caused by third parties; for third-party actions; for event-related incidents; for psychological, social, or behavioural consequences; or for any business or platform interruption, in each case arising out of or in connection with your use of, or inability to use, the Platform; TQK’s aggregate liability to you in contract, tort (including negligence), under statute, or on any other basis, arising out of or in connection with these Terms and your use of the Platform, shall not exceed the greater of (a) the total amount you have paid to TQK in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) five hundred euros (EUR 500). For Business Users, the aggregate cap in the preceding paragraph is reduced to the total amount paid to TQK in the twelve (12) months immediately preceding the event, with no minimum floor, and TQK shall not be liable to Business Users for any loss of profits, revenue, business, goodwill, anticipated savings, or data on any basis. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under the laws applicable to you, including, where relevant, liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, liability for gross negligence or wilful misconduct under Slovak Civil Code §420 et seq., and statutory consumer rights.
- Indemnification This Section 20 applies only to Business Users. To the maximum extent permitted by applicable law, Business Users agree to defend, indemnify, and hold harmless TQK, its owners, affiliates, contractors, employees, moderators, vendors, consultants, representatives, service providers, successors, and assigns from and against any claim, investigation, liability, damage, penalty, loss, judgment, expense, or legal fee arising from or relating to: Their User Content; Their use of, or inability to use, the Platform; Their breach of these Terms, the User Consent Agreement, the Privacy Policy, or the Community Rules; Their violation of any applicable law or any right of any third party; Their interactions with other Users or with third parties through the Platform. For Consumers, the obligation to compensate TQK for loss caused by breach of these Terms is limited to the extent provided by Slovak Civil Code §420 and equivalent provisions of applicable consumer law. Nothing in this Section purports to contractually extend the liability of a Consumer beyond what applicable law permits.
- Sanctions and Export Control You represent and warrant that you are not, and are not acting on behalf of, a person or entity that is (a) listed on any sanctions or restricted-parties list maintained by the European Union, the United Nations, the United Kingdom, or the United States, (b) established, located, or resident in a country or territory subject to comprehensive sanctions imposed by any of those authorities, or (c) otherwise prohibited from receiving the Platform under applicable export control or sanctions laws. You agree not to use the Platform to engage in any activity that would cause TQK to breach any such law.
- Force Majeure Neither party shall be liable for any failure to perform, or delay in performing, any of its obligations under these Terms (other than payment obligations) where the failure or delay is caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, sanctions, embargoes, labour disputes, internet or telecommunications outages, denial-of-service attacks, failures of third-party infrastructure, and similar events. The affected party shall use reasonable efforts to mitigate the effect of the event and to resume performance as soon as reasonably possible.
- Changes to These Terms TQK may update these Terms from time to time to reflect changes in the Platform, in TQK’s legal obligations, or in market conditions. Material changes will be notified to Users through the Platform, by email, or by other reasonable means at least thirty (30) days before they take effect, except where a shorter period is necessary to comply with law, to address a security risk, or to respond to a regulatory requirement, in which case TQK will provide such notice as is reasonable in the circumstances. Continued use of the Platform after the effective date of any update constitutes acceptance of the updated Terms. If you do not accept the updated Terms, your sole remedy is to discontinue use of the Platform and, where applicable, cancel your Paid Plan in accordance with Section 9.5. Where Slovak law requires, you will also have the right to terminate the contract without penalty within a reasonable period after notice of a material change.
- Notices and Communications TQK may give you notices under these Terms by posting them on the Platform, by sending them to the email address associated with your Account, or by any other means reasonably likely to bring the notice to your attention. You are responsible for keeping your contact details up to date. You may give TQK notices under these Terms by sending them to [legal@tqk.example] or to the registered address of the operator set out in the Operator Identification block. Notices are deemed received on the next business day after sending, where sent by email, and on actual delivery, where sent by post.
- Assignment You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms without the prior written consent of TQK. TQK may assign, transfer, or sub-contract its rights and obligations under these Terms, in whole or in part, to any affiliate, successor in interest, or acquirer of all or substantially all of its business or assets, on giving you reasonable notice and provided that the assignment does not materially diminish your rights under these Terms or under mandatory applicable law. Where a Consumer is materially and negatively affected by such assignment, the Consumer may terminate the contract without penalty by notice given within thirty (30) days of the assignment notice.
- Severability, Waiver, and Entire Agreement If any provision of these Terms is held by a court of competent jurisdiction or other competent authority to be invalid, unlawful, or unenforceable, that provision shall, to the extent reasonably possible, be modified by the court or authority so as to give effect to the original commercial intention of the parties to the maximum extent permitted by applicable law. If such modification is not possible, the provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity, unlawfulness, or unenforceability of a provision in one jurisdiction shall not affect its validity, lawfulness, or enforceability in any other jurisdiction. No failure or delay by TQK to exercise any right under these Terms shall operate as a waiver of that right, and no single or partial exercise shall preclude any other or further exercise. Any waiver must be given in writing to be effective. These Terms, together with the User Consent Agreement, the Privacy Policy, the Community Rules, and any supplementary policies referenced in or made reasonably available within the Platform, constitute the entire agreement between you and TQK with respect to the Platform and supersede any prior agreement, understanding, or representation, whether oral or written, on that subject. Nothing in this Section limits any liability for fraud or fraudulent misrepresentation.
- Governing Law and Jurisdiction These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of the Slovak Republic, without regard to its conflict-of-laws rules. Nothing in this Section deprives a Consumer of the protection afforded by mandatory provisions of the law of the country in which the Consumer has their habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I). Disputes shall first be addressed through TQK’s internal support and complaint procedures at [support@tqk.example] and, where applicable, the internal complaint-handling system referenced in Section 13.3. Where a dispute cannot be resolved internally, the parties shall seek good-faith resolution before commencing formal proceedings. Subject to mandatory applicable Consumer law, the courts of the Slovak Republic shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms; a Consumer may, however, bring proceedings in the courts of the Consumer’s habitual residence where mandatory law so provides, and may be sued only in those courts. If you are a Consumer in the European Union, you may also access the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. TQK is not committed to using an alternative dispute resolution body to resolve disputes with Consumers, except where required by law or otherwise expressly agreed.
- Survival Any provision of these Terms that by its nature is intended to survive termination or expiry shall survive, including (without limitation) Sections 2 (Definitions), 8.2 (Licence to TQK, in respect of User Content already shared), 10 (Virtual Items), 12 (Intellectual Property of TQK), 14 (Third-Party Services), 18 (Disclaimers), 19 (Limitation of Liability), 20 (Indemnification), 21 (Sanctions), 24 (Notices), 25 (Assignment), 26 (Severability), 27 (Governing Law), and this Section 28.
- Final Acknowledgement By tapping “I Agree”, creating an Account, or otherwise using the Platform, you confirm that: (a) you have read these Terms in full; (b) you have read and accept the User Consent Agreement and the Privacy Policy; (c) you understand the legal effect of all three documents; (d) you accept the licence terms, acceptable-use rules, payment terms, refund rules, intellectual-property terms, and limitation-of-liability terms set out in these Terms, to the maximum extent permitted by applicable law; (e) you accept that Virtual Items, Ranks, and progression have no monetary value and are non-transferable; (f) you accept that TQK may suspend or terminate your access in accordance with Section 17 and operate moderation, notice-and-action, and complaint-handling mechanisms in accordance with Section 13; and (g) you intend this acceptance to be legally binding. You further acknowledge that you have had the opportunity to seek independent legal advice before accepting these Terms and that you have either taken that opportunity or chosen not to do so of your own free will. Acceptance I have read, understood, and accept these Terms of Service in full. User Name: ____________________________________________ Date of Acceptance: ____________________________________ Method of Acceptance: □ Electronic (in-app) □ Written Signature Version Accepted: 2.0
[ I AGREE ] [ DISAGREE — EXIT ]