Last updated: 06.11.2023

1. Introduction

1.1 These Terms of Use (these “Terms”) govern your access that requires login and use of RunChicken App (hereinafter: the “App”) through which you can register, program and monitor your RunChicken products (doors), access content and materials that we make available in the App, and use the available functions and features of the App in accordance with these Terms. These Terms also apply to all content, materials and applications that are available in or through the App (hereinafter: the “Content”). The App and the Content are herein also collectively referred to as the “RunChicken Service”.

1.2 Please read these Terms carefully. By signing up for the RunChicken Service (i.e. signing up / registering for the App), you agree to these Terms. If you do not agree to these Terms, then you must not use the RunChicken Service or access the Content.

1.3 These Terms are between you and RUN-TIGER, prodaja in svetovanje, d.o.o., Vilharjeva cesta 38, 1000 Ljubljana, Slovenia, EU (in these Terms also addressed as “RUN-TIGER”, “us” and referred to using “our”, “ours” and other adequate pronouns).

1.4 Use of the RunChicken Service is subject to any additional guidelines, policies and terms and conditions presented from time to time by RUN-TIGER, all of which are made part of these Terms by this reference. Reference to these Terms also includes references to any such additional terms and conditions, policies and guidelines.

1.5 If you have any questions regarding these Terms, please contact us at info@run-tiger.com.

2. Age and eligibility requirements

2.1 In order to accept these Terms and use the RunChicken Service, you must be at least 18 years of age.

2.2 If you are a minor in your country, you must be in any case at least 13 years of age, have parental or guardian consent or approval to accept these Terms and use the RunChicken Service, and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. In case you do not have the power to enter a binding contract with us in your home country, your parent or guardian will have to enter into these Terms on your behalf.

3. App Account

3.1 You will need to create a user account (herein also as: “App Account”) by signing up via the App or through third party services for signing in that the App supports (such as Google SSO, Apple SSO etc.) to use all or part of the RunChicken Service.

3.2 Your personal data, email and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your personal data, email and password. Notify our Customer Service team immediately if your email or password is lost or stolen, or if you believe there has been unauthorized access to your App Account.

3.3 You agree to provide accurate, current, and complete information during the App Account creation process and to promptly update such information to keep it accurate, current, and complete.

4. Use of the RUN-CHICKEN Service

4.1 Subject to your compliance with these Terms, by signing up for the RunChicken Service we grant to you limited, non-exclusive, revocable permission to make Personal Use (as determined herein) of the RunChicken Service (collectively “Service Access”).

4.2 The Service Access shall remain in effect unless and until terminated by you or RUN-TIGER.

4.3 Other than the Service Access, you do not obtain any other licences, ownership, intellectual property or other rights of any nature regarding the RunChicken Service or the Content.

4.4 You agree not to use the RunChicken Service, the Content, or any part thereof in any manner not expressly permitted by these Terms. The Service Access to the RunChicken Service and the Content are intended for personal use as determined herein and in line with these terms (“Personal Use”).

4.5 Under Personal Use, you are allowed to use the functionalities and features of the App and the Content (such as videos for informational purposes) for private purposes or personally for the purpose of your business activities (commercial chicken farming), as long as you comply with these Terms. Nevertheless, under the Personal Use, you are not allowed to in any way copy, duplicate, recreate, replicate, mimic, decompile, recompile or (re)assemble the functionalities and features of the App or the Content or perform similar activities to create content, products, services or other for your own use or distribution to third persons for commercial or non-commercial purposes, such as, but not limited to, producing chicken and other doors, developing chicken and other doors apps, record and develop videos similar to the videos available in or through the App etc.

4.6 You are prohibited to use the RunChicken Service contrary to its purpose and intended Personal Use. Prohibited behaviours include, but are not limited to, the following:

4.6.1 any unlawful acts;
4.6.2 hacking or interfering with the App in any way;
4.6.3 infecting the App with any viruses;
4.6.4 encouraging others to use the App to undertake illegal activity; or
4.6.5 attempting to circumvent intended access to the App or circumvent the security systems.

4.7 Any use of RunChicken Service or any parts thereof contrary to these Terms or contrary to applicable laws, rules or regulations, is prohibited and restricted (“Restricted Use”).

4.8 We reserve the right to suspend, terminate your access and/or prohibit your future access to the RunChicken Service or any part thereof at our discretion, without notice, if you use the RunChicken Service in the manner that falls within the Restricted Use, otherwise violates these Terms, or if you engage in any activity that is harmful to RUN-TIGER, RunChicken Service or other users. In the event of such suspension or termination, you are not entitled to any refunds, compensation or other. Suspension or termination of your App Account does not anyhow exclude our further measures or our seeking further remedy in accordance with these Terms and the law, including, but not limited to, seeking relief for damages or specific performance.

5. Payment for the RUN-CHICKEN Service

5.1 We provide RunChicken Service free of charge. It is available under the same conditions to users who have already purchased any RunChicken products from RUN-TIGER and to those who have not purchased anything from RUN-TIGER.

5.2 By signing up and creating an App Account, you will be able to sign into and access the App and the Content.

5.3 The functionalities and features of the App and the Content are subject to our discretion. We may permanently or temporarily add, modify, replace, limit or remove any functionality, feature, Content of the App at any time without notice. Nothing in these Terms can be understood that RUN-TIGER guarantees free access to any specific feature, functionality or Content of the App. We may also completely stop providing RunChicken Service at any time without notice.

6. Customer Support

6.1 If you have any questions concerning the RunChicken Service or these Terms (including any additional terms, policies or guidelines incorporated herein), or if you need additional information, please contact RUN-TIGER Customer Service by the mailing address info@run-tiger.com.

7. Content and Intellectual Property

7.1 The RunChicken Service and the Content are the property of RUN-TIGER. All RUN-TIGER trademarks, service marks, trade names, logos, domain names, including, but not limited to, RunChicken trademarks, service marks, trade names, logos, domain names, and any other features of the RunChicken brand are the sole property of RUN-TIGER. These Terms do not grant you any rights to use any RUN-TIGER brand features whether for commercial or non-commercial use.

7.2 RUN-TIGER respects intellectual property rights and expects you to do the same. The features, videos, other Content and materials available in the App are protected by copyright and other intellectual property laws. RUN-TIGER reserves all intellectual property and other rights to the features, the Content or other materials shown or made available on RunChicken Service. By signing up for RunChicken Service, you do not acquire any intellectual property rights to the App, the Content or other materials.

8. Representations and Warranty disclaimers

8.1 The RunChicken Service, the App, the Content and other materials, are provided “as is” and “as available,” without any warranties of any kind, whether express, implied, or statutory, regarding the RunChicken Service’s, App’s or Content’s availability, reliability, accuracy, device compatibility or fitness for a particular purpose or person.

8.2 RUN-TIGER reserves the right to change our RunChicken Service offerings, functionalities and features of the App, Content and their availability from time to time, or suspend them completely without notice or liability to you. RUN-TIGER has no obligation to provide any specific content through the RunChicken Service, and RUN-TIGER may remove any particular Content without notice.

8.3 We use reasonable efforts to keep the RunChicken Service operational. However, we do not guarantee 100% uptime of RunChicken Service and you agree that any temporary interruptions, such as due to technical difficulties, maintenance, testing, or updates shall not amount to a violation of these Terms by RUN-TIGER.

8.4 RUN-TIGER reserves the right to terminate agreement upon these Terms and discontinue the RunChicken Service or any parts thereof at any time.

8.5 You agree that your sole and exclusive remedy for any issues or dissatisfaction with the RunChicken Service is to stop using the RunChicken Service and delete your App Account and the App.

9. Limitation of liability

9.1 To the fullest extent permitted by the law, RUN-TIGER shall not bear any liability from or in connection with the RunChicken Service. In any case, RUN-TIGER shall be liable only to you and not anybody else and RUN-TIGER shall only be liable for direct damages caused by RUN-TIGER, and provided that they are caused by gross negligence or intentionally. RUN-TIGER shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

9.2 Without hindering other provision of these Terms on RUN-TIGER’s limitation of liability, to the fullest extent permitted by law, we shall not be liable for any injury or damage to chicken or other animals as a result of the functioning, use or application of the RunChicken Service, the App or the Content, such as, but not limited to, for injury or damage caused by the doors that are programmed via the App.

9.3 Without hindering other provision of these Terms on RUN-TIGER’s limitation of liability, to the fullest extent permitted by law, we shall not be liable for any damages, whether incurred directly or indirectly:

9.3.1 for any loss of profits, savings, or revenues;
9.3.2 for any damages as a result of data inaccessibility or loss;
9.3.3 for any damages related to internet connection or other RunChicken Service outages;
9.3.4 for any damages in connection with government or authorities’ actions, actions of third parties, or events reasonably beyond our control;
9.3.5 for any damage caused by third parties.

9.4 No advice or information whether oral or in writing obtained by you from RUN-TIGER shall create any warranty or liability on behalf of RUN-TIGER.

9.5 The RUN-TIGER’s limitations and waivers of liability provided in these Terms shall extend to RUN-TIGER’s officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers and contracting parties.

9.6 RUN-TIGER does not assume any liability resulting from or in connection with your breach of these Terms or herein referred to policies or guidelines, or due to your incorrect, incomplete, or non-updated information provided by you (such as, but not limited to, incorrect information about your doors that you program via the App), nor in connection with your failure to adequately secure or prevent misuse of your information required to access and use the RunChicken Service.

9.7 Third-party applications or services: RUN-TIGER makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content or information, devices or any product or service advertised, promoted or offered by a third party on or through the RunChicken Service or any hyperlinked website, and RUN-TIGER is not responsible for any transactions between you and any third-party providers of the foregoing.

10. Indemnification

10.1 You agree to indemnify and hold RUN-TIGER harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional RUN-TIGER terms, policies and guidelines incorporated herein); (2) any activity in which you engage on, through, referring to, or in connection with the RunChicken Service; and (3) your violation of any law or the rights of a third party. For the avoidance of doubt, this indemnification obligation will survive the termination or expiration of these Terms.

11. Changes

11.1 We may, from time to time, make changes to these Terms (including any additional RUN-TIGER terms, policies and guidelines incorporated by reference herein), by notifying you of such changes by reasonable means before they take effect, including by posting the revised Terms in the App, by posting notification in the App or via your App Account registration e-mail.

11.2 Such modifications will not apply to any dispute between you and us arising prior to the date on which we published the revised Terms or other RUN-TIGER terms, policies or guidelines incorporating such modifications.

11.3 Your use of the RunChicken Service following any changes to these Terms will constitute your acceptance of those changes.

11.4 The effective date indicated at the top of this document is the date of the last update of these Terms.

11.5 Previous versions of these Terms are available at the following link: [•].

11.6 If you do not wish to continue using the RunChicken Service following the updated Terms, you may terminate agreement under these Terms by notifying us via email at info@run-tiger.com or by deleting your App Account.

12 Severability, No Waiver, No acquisition of rights

12.1 Should any provision of these Terms be held null and void, invalid or unenforceable for any reason or to any extent, it shall be replaced by a valid provision that suits the purpose of the affected provision and these Terms as a whole. Any such invalidity or unenforceability of specific provisions shall not affect the remaining provisions of these Terms that shall continue to be in full force and effect.

12.2 Any delay, failure or partial delay or failure by RUN-TIGER to enforce these Terms or any provision thereof shall not waive RUN-TIGER’s right to do so.

12.3 If you provide ideas, suggestions, or other feedback in connection with your use of the RunChicken Service or any Content (“Feedback”), such Feedback is not confidential and may be used by RUN-TIGER without restriction and without payment to you.

13. Assignment

13.1 RUN-TIGER may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your permissions or rights under these Terms to any third party.

14 Termination

14.1 Applicability of these Terms: These Terms will continue to apply to you until the agreement under these Terms is terminated by either you or RUN-TIGER.

14.2 Termination by You
14.2.1 You may terminate the Agreement in line with these Terms at any time by notifying us to info@run-tiger.com or by deleting your App Account.
14.2.2 You agree that upon your termination RUN-TIGER shall have no liability or responsibility to you.

14.3 If you have any questions or require any information on how to delete / terminate your App Account, please contact us via email address info@run-tiger.com.

14.4 Termination by RUN-TIGER:
14.4.1 RUN-TIGER may suspend or terminate the agreement under these Terms with or without cause.
14.4.2 Suspension of termination for cause: RUN-TIGER may terminate the agreement under these Terms or suspend your access to the RunChicken Service at any time if we believe you have breached any of these Terms (including any terms, policies or guidance incorporated herein) or if we believe this is necessary to comply with the government, international organization’s other authority’s decision, document or act that requires to do so.
14.4.3 Suspension of termination without cause: RUN-TIGER may terminate the agreement under these Terms and your access to the RunChicken Service at any time if we stop providing the RunChicken Service or any part thereof or for any reason other than the grounds for suspension or termination for cause (including our discretion to do so without stating reasons).
14.4.4 In case of suspension or termination by RUN-TIGER, you agree that RUN-TIGER shall have no other liability or responsibility to you.

15. Governing Law and Dispute Resolution

15.1 These Terms, including any additional terms, policies and guidelines incorporated herein, are governed by the laws of the Republic of Slovenia, without regard to its conflict of law principles.

15.2 RUN-TIGER does not accept upfront any out-of-court consumer dispute settlement provider.

15.3 If you have a complaint that you consider may result in a dispute, please contact RUN-TIGER Customer Service by the mailing address info@run-tiger.com. We strive to resolve complaints and disagreements amicably.

15.4 In the event you and RUN-TIGER could not resolve any disputes amicably, then any dispute, claim or controversy arising out of or in connection with these Terms (including any other terms, policies and/or guidelines incorporated herein), including and any non-contractual dispute or claim, will be resolved by the competent court in Ljubljana, Slovenia.

15.5 These provisions do not limit any mandatory laws that may be applicable.

16. Entire Agreement

16.1 The content of these Terms, including any terms, policies and guidelines incorporated herein, constitute the entire agreement between you and RUN-TIGER and supersede any prior agreements, whether written or oral, in relation to the subject matter.

Previous versions of this Document are available at the following link: https://run-chicken.eu/terms-of-use-archive/

RUN-CHICKEN
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