Terms of Use for FlutLab portal

Last modified on: 16.10.2020

Hello,

These Terms of Use (‘Terms’) constitute a legally binding contract between you as a user (‘User’ or ‘you’) of the https://flutlab.io/ (‘FlutLab’) and https://widgetbay.flutlab.io (‘WidgetBay’) hereinafter collectively referred to as the ‘Website’ or ‘Services’, and us, CodeGemz S.R.O., registered under the laws of the Slovak Republic and located at Šancová 4007/48, 811 05 Bratislava, Slovakia, registration number 2024122925 (‘we’, ‘Company’, ‘us’) as the owner of the Website. If you accept these Terms on behalf of a legal entity (company, organization, etc.), you warrant that you have authority to act on behalf of the relevant legal entity. In this case, "you" and "your" refer to that legal entity.

The Terms govern your rights and duties concerning your use of the Website and services we provide via the Website. Please read these Terms carefully before using our Website. By accessing our Website, you agree to be bound by the Terms. If you do not agree to be bound by the Terms, please do not use the Website.

Should you have any questions regarding the use of the Website, these Terms or any services provided by FlutLab, please drop us a line at support@codegemz.com.

Your use of the Website

Privacy. The Company is committed to protecting your privacy. To find out how we collect and process your personal data, and what are your rights regarding your personal data, please see our Privacy Policy and Cookies Policy.

Eligibility. You hereby confirm that you are an individual, or that you represent a legal person or other organization with the full capacity under the applicable law of your residence to be bound by the Terms. If you do not have the said capacity, you or your parents or principal (where applicable) shall undertake all the consequences resulting from your acceptance of the Terms. The Website is intended for persons above the age of legal majority. If you are under the age of 18 (or under other age of majority under the law of your country), you may use the Website only with the consent of your legal guardian (parents or principal). You represent and warrant that your legal guardian has read, understood and agreed to these Terms.

Description of the Services

The Website. Our Website is the online platform that covers FlutLab and WidgetBay Services. The Services include: the Website using, the Website maintenance, as well as the user support and other information services as described herein. FlutLab Services provide the integrated development environment for the developers working in the Flutter programming platform and allows the users to upload, store, edit, run, compile and execute their programs using FlutLab’s functional.

WidgetBay Services is an online marketplace for the ready-to-use users’ projects (collectively referred to as the ‘Projects’ and severally as the ‘Project’) which the users sell or provide for free to other users under one of the standard permissive licenses that they choose. WidgetBay is subject to WidgetBay Terms (‘WidgetBay Terms’). In case of discrepancies between these Terms and the WidgetBay Terms, the last one shall prevail.

Updates. The Company reserves the right to update the Services in any way at its sole discretion. These Terms will also apply to any updates, enhancements, and new features on the Services not expressly mentioned hereunder and implemented after these Terms became effective.

Account and scope of the Services

Scope of the FlutLab Services. The scope of FlutLab's services and features depends on the Plan chosen by the User. You can learn more about our Plans under this link.

  1. ‘Anonymous’. You can use some of FlutLab’s services for free as Anonymous without creating an account. In particular, under this Plan the User can (i) create one new Project from the FlutLab’s templates, (ii) edit the code of that Project and (iii) test the created Project code on several build architecture systems as of WEB, iOS and Android. The number of the Project build runs for the User is limited.
  2. ‘Registered’. Some of the services and features will only be available once you have created and logged in the User Account. You will get the extended, but still limited access to the features of FlutLab. Under this Plan you can (i) create no more than two Projects from FlutLab's templates, (ii) upload the existing Project of the User as a ZIP file, (iii) edit the code of the Projects, (iv) store Projects' files, (v) build executables for Android, iOS and WEB, (vi) run WEB executable in the preview popup window, (vii) create the team with two members, share the Project with the other member for review and shared editing and chat with that team member.
  3. ‘Premium’ and ‘Platinum’ hereinafter collectively referred to as the ‘Paid Plans’. Other Website's features and services are available to the User only after purchasing a subscription to one of the Paid Plans of the FlutLab. The difference between the Paid Plans is at the numbers of the Projects and checkpoints, number of the possible team members and the build priority.

FlutLab Services also include other features available on the https://flutlab.io/ (pop-up messages, online Project chat etc.).

Registration. In order to benefit from the Services, you need to create the User Account on the Website. Also, you can register the User Account through your account on third-party social networking services, such as Facebook or Google. After the User Account is created, you will have access to the User Profile.

The User Account created on https://widgetbay.flutlab.io and https://flutlab.io/ are synchronized. By registering on WidgetBay you also get access to FlutLab and vice versa.

Business Account. You have a possibility to create a business account on behalf of your company, organization or other legal entity ( ‘Legal Entity’) that allows you to unite up to multiple single regular users under one Business Plan ( ‘Business Account’).

By creating a Business Account, you represent that (i) you have the authority to bind the Legal Entity and (ii) the Legal Entity has all requisite right, power, and authority to enter into, perform its obligations, and grant the rights and authorizations provided hereunder.

You may authorize others to create a User Account associated with your Business Account or add the already existing User Accounts to the list of the associated users.

Removal of the User Account. You can delete your User Account (both ordinary User Account and Business Account) at any time. This option is available in the User Profile.

From the moment you delete your User Account, all your data and content will be removed, including the Projects shared with other users (except for the back-ups of your User Account which we store for 60 days before the ultimate removal). The exceptions are your Projects copied by other users within WidgetBay (as and if allowed by you through the respective license). After the removal of the User Account, you won’t be able to restore any information therein, you can only create a new User Account.

Amendments. We may change our subscription Plans and the scope and price of the Services from time to time; however, any price changes or changes to your subscription Plans will apply no earlier than 30 days following notice to you.

Disclaimers as to the Liability for the User Account. You must ensure your use of the User Account comply with these Terms. You are responsible for all activities that occur under your Business Account and any associated User Accounts, and must ensure your users comply with these Terms.

You should not disclose your sign-in information to any third parties and you are solely responsible for keeping such information secure and confidential. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your User Account. You are solely responsible for all and any activities conducted through your User Account. You shall not assign or otherwise transfer your User Account to the third parties in any case.

We highly recommend you not to place within your User Account the not required personal data that may let other people identify you. We will not be responsible for any harm caused due to the fact that you have provided us with extra information at your own discretion.

Payments, changing Plan, refunds

FlutLab Payments for the Plan

Prices and taxes. The prices of the Plans are specified under this link. The prices do not include the amount of applicable taxes you should pay when buying the subscription to the Plan in accordance with the applicable laws of your country.

Payment through the intermediary. The FlutLab Services within a chosen Plan will become available for you only after the payment is made in full. You have to pay at least for one month (‘Billing Period’). However, you can also pay for a subscription to the Plan for several months in advance if you wish. In that case, you can use the Plan continuously throughout these months.

You may choose a payment method from those proposed on the Website. Please take into account that all payments are carried out by the intermediary services and not the Company itself. We recommend that you carefully read the terms of service provision of the selected financial intermediary, as well as its privacy policies. Please pay attention that your relations with such financial intermediaries are governed by a separate agreement.

You should bear all costs charged by your bank (or financial intermediary) as may be necessary to enable the respective transaction.

After each successful payment, our financial intermediary will send you a receipt. A failure of payment may lead to cancellation of your Plan without prior notice to you.

Changing Plan. You are free to change (both upgrade and downgrade) your Plan at any time. To do so, you need to log-in into your User Account and choose this option in the User Profile.

When you request us to upgrade your current Plan, we will charge you with the difference in price between your current and the newly chosen Plan, to provide you with the requested services as soon as possible. New Plan will become effective immediately after you make the necessary payment.

When you request us to downgrade your Plan, we will activate the downgrade without undue delay. Herewith, we will not refund you with the difference in price but hold the prepaid amount as a balance tied to your account and set-off it against the future payments on the pro rata basis.

If you change the Paid Plan to the free one or cancel your Plan, we will send you an email with the information how to refund the portion of the payment, which corresponds to the unused months of the relevant Paid Plan subscription.

Refunds and WIthdrawal. If the User is a resident of the European Union and pays for the Plan, the User is entitled to cancel the purchase within 14 days of the date the User made the order (‘Withdrawal Period’). However, this right will not apply where the User accesses and uses the services available under the Plan in any way before the end of the Withdrawal Period.

We give our Users an option to delete their User Account, even if they are subscribed to the Paid Plan, and get a refund. In such a case, the Paid Plan will be terminated on the day of the User Account removal, and we will refund a portion of the payment, which corresponds to the unused months of the Plan subscription.

We are not generally obliged to make a refund when:

  • your request is based on your mistake; or
  • you lack the expertise to use our Services; or
  • you have changed your mind regarding the use of the Services, or
  • you have breached these Terms.

Prohibited Conduct.

By using the Website, you agree not to:

  • upload any viruses or malicious code or do anything else that will negatively affect the Website, impair the functionality of the Website or compromise the data of the Company or other Users;
  • commercially exploit the Materials of the Website (as indicated above) in any way, including, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way;
  • amend, disassemble or do derivative works provided on the Website;
  • use the Website in any unlawful manner, in particular, by violating the rights of the others;
  • perform acts aimed at breach of normal functioning of the Website or leading to the violation of applicable laws, both using software and through your direct acts within the Website, or perform any other illegal acts;
  • facilitate or support any of the actions described above.

You also agree not to access the Website using any means other than the interface provided by us unless you have been specifically allowed to do so in a separate agreement with the Company. You expressly agree not to access the Website through any automated means (including use of scripts, crawlers or similar technologies from time to time).

The content displayed and/or processed through your application or through other website utilizing the Services, as well as the content displayed when publishing the reviews, sending messages to other Users or to the Company etc. shall not contain any of the following types of content:

  • Content that infringes a third party's rights (e.g., copyright) according to applicable law;
  • Excessively profane content;
  • Hate-related or violent content;
  • Content advocating racial or ethnic intolerance;
  • Content intended to advocate or advance computer hacking or cracking;
  • Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
  • Phishing;
  • Malicious content;
  • Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

Intellectual property

Your Content. You own all right (including, all intellectual property rights) to the content (your Projects, source code files, pictures, technical documents, configuration files, access configuration files, video, sound files etc.) you create using the Website and/or any content you post to the Website (collectively,‘Your Content’).

Access to Your Content within the Website is available to you and the users with whom you voluntarily shared Your Content (your team members, WidgetBay users if you have posted Your Content there).

Your Content is also accessed by our team members in order to provide technical support and similar services to ensure the Website functions properly and the Services are provided on the high level. We take all the necessary organizational and technical measures to ensure that the members of our team do not use Your Content in any other way or for any other purposes. We also take the necessary technical measures to ensure that Your Content will not be made available to any third party without your consent. However, we cannot and will not be responsible for the actions of such third parties and cannot guarantee that Your Content will not be available to such third parties as a result of their illegal activities (hacking and other similar incidents). You upload Your Content to the Services at your own risk. We recommend making copies of Your Content where reasonable.

User License. You grant the Company a worldwide, non-exclusive, irrevocable and royalty-free license to collect, access, process, transmit, store, copy, share, display, and use your data and Your Content collected by Company or provided by you by your use of the Website in order to provide, operate, develop, improve, and/or optimize of our Website, and otherwise as permitted by our Privacy Policy and Cookies Policy ('User License'). The User grants the User License to the Company for the term when the User uses the Website and 60 days after the deletion of the User Account.

Company’s Content. The Website is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Website (‘Materials’) provided by the Company are protected by intellectual property and other laws. All Materials included in the Website are the property of the Company or its third-party licensors. Except as expressly authorized by the Company, you may not make use of the Materials. The Company reserves all rights to the Materials not granted expressly in these Terms.

Company’s License. The Company grants you a non-transferable, non-exclusive, revocable, worldwide, limited license to access the Website and use the Services in the ways described in these Terms (‘Company’s License’). The Company grants the Company’s License for the term of the Website using subject to the terms of your Plan.

Back-ups

We are not responsible for the content published on the Website or provided by the User through the Website to other Users. In no event shall we be held liable for any loss of Your Content. It is your sole responsibility to maintain appropriate backup of Your Content.

Notwithstanding the preceding, in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a specific date and time when we may have backed up data for our own purposes (but not later than 60 days after removal of you User Account or any part of Your Content. We make no guarantee that the data you need will 100% be available.

Integrations: GitHub and Figma

The Website is connected to GitHub API to allow you to import, commit, and make pull requests to GitHub repositories. You can import the whole repository or just separate Projects. The User can import data both from public and private GitHub repositories, as well as export data to public and private GitHub repositories.

Imported Projects will not automatically stay in sync with the GitHub repository; you should take care of synchronization of your code with GitHub

If you are a user of Figma, we can also provide you with the opportunity to upload your Projects from Figma to your User Profile; please note that unlike GitHub, you cannot upload your Projects from User Profile to Figma.

If you want to use your Figma projects, we need the access to your Figma user token. To provide us access to your Figma token, you should copy and paste token code on the FlutLab. After this you can convert your project from Figma to Flutter code. We will not pass your Figma token to third-party or use it for the purposes other than importing the Projects to your User Profile from Figma.

Third-Party Links

You may have an opportunity to leave the FlutLab and WidgetBay Services via the links to third- party websites and services. For instance, we may provide you with links to our profiles in social media, repositories on GitHub and Figma, or official documentation concerning programming tools and libraries we use.

Such third-party links are not under the control of the Company, and the Company is not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by the Company of such third- party websites.

You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any of the third-party links, the applicable third party’s terms and policies apply, including conditions of the third party’s privacy and data gathering practices. We recommend you reading any such terms and policies carefully before using the respective third- party website.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Website, and you will defend and indemnify the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) Data; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.

General Disclaimers and Limitations of Liability

You use the Services at your own risk and subject to the disclaimers set in these Terms.

The Services are provided on an "as-is" and "as available" basis. This means that we cannot (and we do not) make the warranty that the Services will be uninterrupted, timely, or error-free. We shall not be obliged to ensure the operation of the Website or Services on all platforms, for all devices or under certain specific conditions.

The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, workmanlike performance and lack of negligence as regards our Services. In addition, there is no warranty or condition as to the correspondence to description.

You use any such data and content and take any decisions based on themat your own risk. We disclaim any liability of the Company for such use of materials.

To the maximum extent permitted by the law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits) arising out of or in any way related to the use of or inability to use the Services, or otherwise under or in connection with any provision of these Terms, even in the event of strict liability. This limitation should apply even if the Company has been advised of the possibility of such damages.

In case any claims or actions concerning breach by the User of their obligations hereunder are brought against the Company, the Company shall immediately inform the User of that. All costs and expenses related to settlement of the specified claims, actions and/or legal proceedings shall be borne by that User. The User shall assume the obligation to compensate in full the costs of all expenses incurred by the Company due to occurrence of the circumstances specified herein.

Amendments

The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check this Agreement periodically for changes. If you continue to use the Services after such amendments are made, you will be considered as having accepted all of them, unless there is an obligation imposed on the Company by the applicable law to obtain your explicit consent to the amendments. The Company may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.

Applicable Law and Dispute Resolution

By visiting the Website, you agree that the laws of Slovak Republic will govern these Terms and any dispute of any sort that might arise between you and the Company.

All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of the Company at support@codegemz.comshall be the effective and binding method of communication. If the dispute cannot be resolved through negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of the Slovak Republic.

Termination

These Terms shall be valid until the provision of the Services is terminated either by you or us.

Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Services, including (but not limited to) in case of your breach of the Terms, or any of the obligation under these Terms or applicable laws, or if we believe that you have committed fraud, negligence or other misconduct.

Contact Information

Company name: CodeGemz S.R.O.
Šancová 4007/48, 811 05
Bratislava, Slovakia.

Email: support@codegemz.com



WidgetBay Terms

Last modified on: 16.10.2020

The online marketplace WidgetBay of the https://widgetbay.flutlab.io/ (‘WidgetBay’) is owned and operated by CodeGemz S.R.O., registered under the laws of the Slovak Republic and located at Šancová 4007/48, 811 05 Bratislava, Slovakia, registration number 2024122925 (Company’, ‘we’, ‘us’). Your use of WidgetBay is governed by legal agreements between you as a user of WidgetBay (‘User’, ‘you’, ‘your’) and the Company consisting of the Terms of use available at https://flutlab.io ('Terms of Use') and these WidgetBay Terms (' WidgetBay Terms') which you accept by creating the User Account or otherwise using the WidgetBay services.

These WidgetBay Terms are an integral part of the Terms of Use. All the definitions and terms contained in the WidgetBay Terms are used in the understanding of the Terms of Use.

By accessing WidgetBay, you agree to be bound by the Terms of Use, these WidgetBay Terms, Privacy Policy and Cookies Policy. If you do not agree to be bound by those agreements, please do not use the WidgetBay.

Your use of WidgetBay

You may use some of the WidgetBay Services for free. In order to benefit from WidgetBay you need to create the User Account as described in our Terms of Use. After that you receive the opportunity to (i) upload the Project from User Profile to Widgetbay for the moderation and receive approval or denial for publishing to WidgetBay, (ii) clone a free Project from WidgetBay into the User Profile (as and if allowed by the respective license), (iii) read blog and comment and rate the Projects.

You agree that WidgetBay is not responsible for any Project on WidgetBay that originates from other users or third parties. Besides, some Projects may be made available to you for free while other Projects may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on WidgetBay.

You can upload Projects to WidgetBay for sale using your User Profile and get the payment for those Projects from other users. In this case, the Company will charge a commission of every purchase, as indicated on the Website.

You agree to use WidgetBay only for the purposes that are permitted by our Terms of Use, these WidgetBay Terms and any applicable laws and regulations in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and use of the Projects.

You agree to use WidgetBay only for the purposes that are permitted by our Terms of Use, these WidgetBay Terms and any applicable laws and regulations in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and use of the Projects.

  • the Project violates the intellectual property rights or other rights of any third party or other user;
  • the User distributes the Project improperly;
  • the Project includes pornographic or obscene materials or otherwise violates any applicable law, Website's terms and policies (including these WidgetBay Terms, the Terms of Use, Privacy Policy etc.) or other terms of service as may be updated by the Company from time to time in its sole discretion;
  • the Project is subject to an injunction;
  • the Project may cause undesirable liability of WidgetBay;
  • the Project has a virus or an adverse impact on WidgetBay;
  • the Project is impacting the integrity of WidgetBay servers (i.e., other users are unable to access your Project or otherwise experience difficulty).

In the cases described above the Company will be authorized to act as follows:

  • to demand that the User that published the Project fixes it; or
  • to edit or make other changes in the Project;
  • to edit or make other changes in the Project;
  • to edit or make other changes in the Project;

Your use of the Projects

Each Project is governed by a license provided by the User that owns the Project (‘End-User License’). When the User uploads the Projects to WidgetBay, they independently determine the type of End-User License under which the Project is published on WidgetBay and, if applicable, the price for the Project .

For the avoidance of doubt, “buying”, “purchasing” etc. of the Project shall mean that you understand and agree that by installing, copying, accessing, downloading or otherwise using the Project, you receive the license to use the Project by relevant ways and agree with the terms and conditions of that End-User License. You do not take any ownership rights of the Project. The Projects on the WidgetBay are licensed, but not sold.

Unless you have been expressly permitted to do so in a separate End-User License of the Project, you agree that you will not reproduce, sell, trade or resell for any purpose any Project published on WidgetBay.

The User may involve third parties, including any contractor or freelancer (‘Contractor') to work with the Project on their behalf, without a separate license for a Contractor, only if the terms and conditions of the End-User License of this User allows the described using. If this is not the case, the Contractor must have their own End-User License to the Project.

Some components of the Projects may also be governed by third-party software licenses. In the case a conflict between these WidgetBay Terms/the Terms of Use/the End-User License and any third-party licenses arises, the third-party software license shall prevail with respect only to those components.

Some components of the Projects may also be governed by third-party software licenses. In the case a conflict between these WidgetBay Terms/the Terms of Use/the End-User License and any third-party licenses arises, the third-party software license shall prevail with respect only to those components.

Payments and refunds

Prices and taxes. Price of any Project shall be specified in the tab of the relevant Project. The prices do not include taxes that should be paid while buying the Project in accordance with the applicable laws of your country.

You agree to comply with any applicable tax laws, including the reporting and payment of any taxes arising in connection with the purchase and selling of the Projects through WidgetBay. You are solely responsible for the reporting and payment of any applicable taxes.

Payments. The Project that must be paid will become available for you only after the payment is made in full. The User that published the Project on WidgetBay shall consent to making that Project available immediately upon your payment. We will inform the User that published the Project on WidgetBay of the purchase via email and a popup notification in case they are logged-in.

When you upload the Projects to WidgetBay for sale and want to get the payment for those Projects from other Users or to pay for the other Users’ Projects to buy them, the payment is made through a payment method that the buyer chooses from those proposed on the Website. In such cases all payments are carried out by the intermediary services. All provisions indicated in section ‘Payment through the intermediary’ of the Terms of Use, as applicable, shall also apply to WidgetBay payments. Additionally, to the commission that the intermediary will charge, the Company would also charge a commission of every purchase, as indicated on the Website.

The User that published the Project will receive the payment for the Project 4 weeks after the moment these payments were made by the Users that bought the relevant Project. The financial intermediaries will hold payments for a maximum of 4 weeks after they were made to ensure the rights of the User who buys the Project to the refund provided in this Section below.

Right of withdrawal and Refunds. All purchases made via WidgetBay are final. The User has the right to refunds in the cases specified in this WidgetBay Terms or as required by law. If the User is a resident of the European Union and purchases any Project, the User is entitled to cancel the purchase within 14 days of the date the User made the order (‘Withdrawal Period’). However, this right will not apply where the User accesses and uses the Project in any way before the end of the Withdrawal Period.

You may request a refund from the User that published the Project in the following circumstances:

  1. within 2 weeks of purchase of the Project in the case:
    1. the Project does not correspond to an advertisement (including any provided demo version); or
    2. the Project is incompatible with the last official release of WidgetBay, and there was no information to indicate that the Project is inconsistent; or
    3. the Project includes unauthorized intellectual property; or
  2. within 4 weeks if the Project was removed from WidgetBay for any reasons prior the User gets the access to the Project they have paid for.

To find out how to refund your funds, please contact this email support@codegemz.com. Nevertheless, please note that only the User that published the Project on WidgetBay and received your payment is responsible for the refund. We provide information about the refund procedure and cannot warrant that the costs will be refunded.

Intellectual Property Rights

The User that published the Project on WidgetBay owns all intellectual property rights and titles on their Project. All rights on the Project not expressly granted in the End-User License or these WidgetBay Terms are reserved by the User that published the Project on WidgetBay.

General Disclaimers and Limitations of Liability

We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, workmanlike performance and lack of negligence as regards the Projects. In addition, there is no warranty or condition as to the correspondence to description.

You use the Projects published on WidgetBay and take any decisions based on such Project at your own risk. We disclaim any liability of the Company for such use of the Projects.

To the maximum extent permitted by the law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits) arising out of or in any way related to the use of or inability to use the Projects, or otherwise under or in connection with any provision of these WidgetBay Terms, even in the event of strict liability. This limitation should apply even if the Company has been advised of the possibility of such damages.

In case any claims or actions concerning breach by the User of his/her obligations hereunder are brought against the Company, the Company shall immediately inform the User of that. All costs and expenses related to settlement of the specified claims, actions and/or legal proceedings shall be borne by that User. The User shall assume the obligation to compensate in full the costs of all expenses incurred by the Company due to occurrence of the circumstances specified herein.

Amendments

The Company reserves the right, at its sole discretion, to modify or replace any part of these WidgetBay Terms. It is your responsibility to check these WidgetBay Terms periodically for changes. If you continue to use the WidgetBay after such amendments are made, you will be considered as having accepted all of them, unless there is an obligation imposed on the Company by the applicable law to obtain your explicit consent to the amendments. The Company may also, in the future, offer new services and/or features through WidgetBay (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these WidgetBay Terms.

Applicable Law and Dispute Resolution

By visiting the WidgetBay, you agree that the laws of Slovak Republic will govern these WidgetBay Terms and any dispute of any sort that might arise between you and the Company.

All disputes and disagreements that might arise from these WidgetBay Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of the Company at support@codegemz.com shall be the effective and binding method of communication. If the dispute cannot be resolved through negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of the Slovak Republic.

Termination

These WidgetBay Terms shall be valid until the provision of the Services within WidgetBay is terminated either by you or us.

Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these WidgetBay Terms or suspend your right to access the Services, including (but not limited to) in case of your breach of the WidgetBay Terms, or any of the obligation under these WidgetBay Terms, Terms of Use or applicable laws, or if we believe that you have committed fraud, negligence or other misconduct.

Contact Information

Company name: CodeGemz S.R.O.
Šancová 4007/48, 811 05
Bratislava, Slovakia.

Email: support@codegemz.com



Privacy Policy

Last modified on: 16.10.2020

While operating https://flutlab.io/ (‘FlutLab’), https://widgetbay.flutlab.io/ (‘WidgetBay’) hereinafter collectively referred to as the ‘Website’ or ‘Services’, CodeGemz S.R.O. as the owner of the Website (‘we’, ‘Company’, ‘us’) is committed to being fully transparent as regards our privacy practices.

For this reason, we developed this Privacy Policy to inform you (‘you’ or ‘user’) how your personal data may be processed. We tried to write this Privacy Policy in clear and plain language for your better understanding of the complicated legal stuff. By doing so we hope you will get all needed details to be assured your personal data is safe with us.

In this document, you will find out:

  • what data we process, how and for what purposes we process your personal data;
  • when and how we can share your personal data with third parties;
  • how long we retain your personal data;
  • our protection measures to keep your personal data secure;
  • your rights in respect of processing your personal data.

What is personal data?

Personal data (or data) is any information relating to you and that alone or in combination with other pieces of information gives the opportunity to a person that collects and processes such information to identify you as an individual. It can be your name, address, your location data, or information related to your physical, physiological, genetic, mental, economic, cultural or social identity. Personal data also includes such technical information as a Media Access Control address (MAC-addresses), International Mobile Equipment Identity (IMEI), Unique Device Identifier (UDID), the Identity for Advertisers (IDFA), Internet Protocol address (IP-address), browser and system information.

Processing of the personal data means any action with it, for example, collection, recording, organizing, structuring, storage, use, disclosure by any means and so on.

Other terms used in this Privacy Policy have the same meaning as in our Terms of Use and the Regulation (EU) 2016/679 known as General Data Protection Regulation, or GDPR.

What data do we collect?

Account data. When registering a User Account on our Website, you will need to provide us with your chosen user name and a valid email address. You will also need to create a password. Without these data, we will not be able to provide you with our main Services so that we will call it ‘necessary data’. When you sign up through a third-party social media account such as Google or Facebook account, you give us consent to extract from such an account your first and last name and your email address.

While filling your account information afterwards, at your own choice, you may submit to your User Profile links to your social network accounts (like Facebook, Github, Twitter, etc.) and fill a ‘Bio’ field. When you provide us with a link to your public or private account on any social media, you grant our WidgetBay users a right to contact you via these social media regarding your Projects. We will call these data as ‘additional account information’ since this information is not required for the Services provision. You provide it at your own discretion. Keep in mind that these data are not necessarily required. Without such information, you will still be able to use our Services.

We kindly ask you not to provide us with any excessive personal data, including sensitive data, in your Bio or otherwise.

Third-parties data. When using FlutLab, you may voluntarily provide us with the email of the third party to share your Project with that email owner. We collect and further process this data without the consent of such a person but to offer them our Services (to conclude the contract with us). Please note that by providing us with the third party’s data, you confirm that you received their clear and unambiguous consent to transfer that data to us. The third party has the right to dismiss the invitation to join your team within FlutLab and to inform us that they have not allowed you to provide us with their data. In such a case, we will immediately delete this data and stop the processing. You are solely responsible for all activities that you perform on our Website with the third parties' data without their consent.

Subscription to newsletters. When you subscribe to our newsletters, we collect and further process your email address and your user name. In no case, we will overwhelm you with hundreds of letters, but, at any time, you can choose to stop receiving our emails. If you want to cease this type of communication, uncheck the “Subscribe to newsletters” button in the ‘Edit Profile’ section, or tap on “Unsubscribe” link which is present in each of our emails.

Data connected with your requests. When you send any request or message via the form for the bug reports, the online chat available on the Website or the email address for user support, we collect and process the data you voluntarily provide us with (e.g. your name, email address, name of the company you represent, phone number etc.). We kindly ask you not to provide us with any excessive personal data, including sensitive data.

Automated collection (cookies and similar technologies). The cookies are tiny pieces of code that may remain in your device after you have visited some website.

Cookies and similar web technologies help us to automatically receive the information from your device and send the information back to improve your interaction with the Website and ensure its effective functioning. The personal data collected through the automated collection could include: IP address and unique device identifiers and device attributes, like operating system and browser type.

If you consent to the respective use of cookies, we may also collect information about your activity on the Website to run the analytics and provide you with more relevant advertisements.

Please refer to our Cookies Policy to find more details.

Also please pay attention that we do not collect your payment credentials (bank credentials, cards numbers and dates of issuance etc.). Such information may be collected exclusively by third-party payment providers with the respective licenses and security measures with regard to your payment credentials.

Why and for what purposes we collect your data?

Lawful basis. As you can see in our Terms of Use, our Services include the Website using, the Website maintenance, as well as the user support and information services. We collect and process most of the personal data described in the Section above to fulfil our contractual obligations under our Terms of Use, that is for the performance of the contract.

We collect your email address to send you our newsletters and other communication if you request us to do so by subscribing to our newsletters or based on our legitimate interest. We may do so to provide you with some useful information, notify you of any updates regarding our Website or Services and inform you about our or our partners’ offers. In no case we will overwhelm you with hundreds of letters, but, at any time, you can choose to stop receiving our emails. If you want to cease this type of communication, simply use the “Unsubscribe” button which is present in each of our emails.

If you voluntarily provide us with data connected with your requests, you also agree that we may collect and process these data to provide you with the additional information and support services within our Terms of Use.

Processing and purposes. We collect and process the personal data described in the Section above in order to provide you with all necessary services within our Website (including to make steps to conclude the contract with the User).

In particular, we collect and process different types of data for such purposes:

  1. your email address and user name in order to provide you with our primary Services, create and maintain your User Account, communicate with you at your request, identify you when you want to publish information in our blog or forum and, send you our newsletters and other communication on the basis of our legitimate interest or if you requested that;
  2. additional account information in order to maintain your User Profile and provide you a possibility to communicate with the users of your Project published on WidgetBay using your relevant social media;
  3. third party’s data only to allow you to share your Project with that third party and to provide such third party with access to your Project and our Services (to conclude the contract with us); if such person creates the User Account, further provided personal data would be processed on the terms provided in this Privacy Policy;
  4. data connected with your requests only to provide you with the user support services (e.g. provision of the full and accurate information regarding the User’s issue).

How long do we store your data?

Retention period. Generally, we will not store any data you provide for longer than the specific Service requires. To be more precise, we store your data for such periods of time:

  1. your account data – as long as you keep your User Account active;
  2. your email address and user name provided for subscription to newsletters – as long you are subscribed to newsletters, until you unsubscribe;
  3. third party’s data – as long as you continue to share the Project with that third party until you delete the relevant Project;
  4. data connected with your requests – during our communication with you and 6 (six) months thereafter to ensure that you are satisfied with our response and you have received all needed information.

Back-ups period. We may, from time to time, back up all data placed within the Website as described in our Terms of Use. This procedure allows us to maintain our Website and gives the possibility to restore the previous state of the Website in case of the breakage. The back-ups may include the complete copies of the personal data collected within the Services provision and will exist as a sole file that needs to be unzipped to be used. That is, such backups may include, among other things, your personal data that we collected at the time the copy was made. However, your data in the backups will only be used to restore our Website or your User Account if applicable under the Terms of Use. We delete each back- up 60 days after it has been created.

Other processing

Please note that sometimes we may process your data for the period longer than indicated in the sections above. Such processing could be carried by us only for statistical purposes as it is provided for in Article 5 of the GDPR and subject to the appropriate safeguards in accordance with applicable data protection laws.

What are statistical purposes? Statistical purposes mean any collection and processing of personal data necessary for statistical surveys or to produce statistical results. The statistical purpose implies that such statistical results do not include personal data, but only aggregate data. The statistical results may further be used for various purposes, for example, to assess our business development, understand the market demands and improve our Services.

In most cases, we will anonymize your data before starting processing it for the statistical purposes. As a result, such data will be no longer considered personal and its use will be not governed by data protection laws.

Additionally, we may process your data:

  • for the compliance with our legal obligations;
  • to protect your vital interests or vital interests of another natural person;
  • for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
  • for the purposes of the legitimate interests pursued by us or by a third party (e.g. to prevent or investigate possible wrongdoing in connection with the Website or to protect ourselves, our subcontractors, partners and affiliates against legal liability).

If we decide to change the purposes of processing specified above, we will inform you on such changes prior to the use of your personal data within the newly set purposes. Where applicable, you will have to provide your consent for the amended purposes (unless additional purpose of processing is compatible with those listed above).

Please note that we do not sell your data or make any decision based solely on automated processing that may produce legal effects or similar significant effects.

Persons accessing your personal data

You probably understand that our Website doesn’t work autonomously. In order to provide high-quality services, the Company hires people, enters into agreements with independent contractors as well as cooperates with other services providers, companies and organizations. For those reasons, some of your personal data can be passed to the mentioned persons.

However, in all cases, we adhere to all the requirements of applicable data protection laws and do our best to ensure the security of data processing at all stages.

To fulfil the above-mentioned purposes, we may share your data with the following persons:
  1. Our employees and contractors

    We may share your data with our employees or verified contractors. We engage individual entrepreneurs and individuals from the EU and Ukraine.

    When we transfer data to the country not recognised by the European Commission as ensuring an adequate level of data protection, we secure such transmission by including standard contractual clauses compliant with the EU data protection laws into our data processing agreements.

  2. Third-partу services

    The Company engages a number of trusted third-party service providers in order to support different features of our Website and ensure its overall functioning. We also use third-party services to organize our work in the most efficient way and provide our clients with the best customer service.

    Therefore, we may grant the following third-party service providers (and their subcontractors) with a limited access to your personal data:

    1. Google Analytics (the USA) is well-known online business analytics service that helps us to understand how our users interact with our Website. Google LLC is certified under both the EU-U.S. and Swiss-U.S. Privacy Shield frameworks. As a big transnational corporation, Google engages sub- contractors to carry out its obligations under contracts with customers. The list of Google’s sub- contractors engaged in the provision of Google Ads services (including Google Analytics, Google Tag Manager and Google Optimize) is provided for here.
    2. Google Cloud Platform (the USA) is a suite of cloud computing services that offers the infrastructure as a service, platform as a service, and serverless computing environments. They provide us only hosting and website management services. The list of Google’s sub-contractors engaged to the provision of Google Cloud Platform services is provided for here. The DPA is available here.
    3. Contabo (Germany, EU) is our provider of the hosting and website management services. Contabo’s sub-contractors are specified here (section VII).
    4. Digital Ocean (the USA) is our cloud infrastructure provider that help us with the hosting and website management services.Digital Ocean Inc. is certified under both the EU-U.S. and Swiss-U.S. Privacy Shield frameworks. To provide the above-mentioned services Digital Ocean is cooperating with the sub-contractors specified in Annex A of their DPA.
    5. The Rocket Science Group LLC d/b/a Mailchimp (Georgia, USA) is the email marketing service that help us with the emailing campaigns management. The sub-contractors currently engaged by Mailchimp are available here. You can find more details about Mailchimp’s privacy commitments here.
    6. PayPal (the USA) is our payment services provider that supports online money transfer. They run our billing processes, resolve relevant payment inquiries and help us to make refunds. Please take into account that it is not the Company but only PayPal who collects your payment information. You can find more details about PayPal’s privacy commitments here.
    7. Stripe (the USA) is another one payment services provider that also helps us with billing processes, resolving the relevant payment inquiries and making refunds. Please note that it is not the Company but only Stripe who collects your payment information. You can find more details about Stripe’s privacy commitments here.

    If you are interested in more details about how these third-party services process personal data, please refer to their privacy policies available on their websites. However, we want to reassure you that due to their residency of headquarters or affiliates companies (USA and European Union) they all are subject to the best worldwide standards of data protection. We care about your data security and choose only reliable partners.

    As regards the engagement of the above-mentioned service providers, we take all necessary steps to ensure compliance with the applicable data protection laws such as the GDPR. In particular, we make sure that your personal data is being protected and used only within the purposes specified in this Privacy Policy. This is achieved by using only certified services and products, signing agreements on protection of personal data with contractors and partners, as well as taking technical measures to ensure the information is protected when stored, used and while being processed and transferred.

    When we transfer data to the country not recognised by the European Commission as ensuring an adequate level of data protection, we secure such transmission by choosing service providers certified under EU-U.S. Privacy Shield Framework, including standard contractual clauses compliant with the EU data protection laws into our data processing agreements or using alternative safeguards according with the applicable laws.

    No transfer of your data will be carried unless appropriate safeguards are in place.

    You also have to know that we may disclose your personal data to enforce and comply with the laws. In other words, we may disclose information necessary for the investigation or legal process on official request or the official bodies acting within their powers.

Your rights as to your personal data

You have the following rights regarding your personal data we collect and process:

  1. You have a right to access to your personal data processed by the Company and right to data portability. This means that you can ask us what personal data of yours is processed. You may ask us if we process your personal data or not. You may also ask for the clarifications on the information described in this Privacy Policy, i.e. purpose of collecting and processing, categories of data processed, period of processing, the list of third parties which have access to information, and information on protection measures we implemented. We will provide this requested information in a structured, commonly used and machine-readable format to enable you to transmit those data to another party or service provider.
  2. You have a right to request from us to rectify your personal data. You can request all the inaccurate personal data concerning you being corrected. You may also request to complete your personal data if you consider that something is missed.
  3. You have a right to request us to erase personal data. You can request us to erase personal data if its processing is no longer necessary to achieve purposes for which it was collected as well as if there are no legal grounds for the processing. In most cases, we will erase it unless otherwise required by legislation.
  4. You have a right to restrict the processing of your personal data by the Company. In some cases, prescribed by law you will also be able to restrict the processing of your data. For example, if you contest the accuracy of your personal data being processed or if we are not interested in our processing of your personal data any longer, but you want us to do this for other reasons, for example, to bring some claim against somebody – then, instead of the erasure of information, its processing will be just restricted.
  5. You have a right to withdraw your consent. You can withdraw your consent for the processing of your personal data at any time by simply contacting us, without affecting the lawfulness of processing based on the consent before its withdrawal. After receiving such a withdrawal request from you, we will process it in a timely manner and will no longer process your personal data unless otherwise set by law.
  6. You have a right to object to the processing. In some cases, prescribed by the applicable laws you can object to processing of your personal data. You can object to the processing of your personal data when the processing is related to the performance of our task carried in the public interest or in the exercise of official authority vested in us; or if we process your data to pursue our or third party’s legitimate interests, and you believe that such interests are overridden by your interests or fundamental rights and freedoms. If you make a request objecting to processing, we will no longer process the personal data unless we are able to demonstrate compelling legitimate grounds for the processing.

Time for reply and reaction to your request

The Company will provide information on action taken on your request related to your rights specified above within one month of receipt of the request for the longest. That period may be extended by two months if we are overwhelmed by the number of requests or the request at issue is complicated and requires a lot of action. We will inform you of any such extension within one month of receipt of the request, together with the reasons of such delay.

If you have doubts as to our reply or reaction, or absence of such, you have the right to lodge a complaint with a supervisory authority that is empowered to process such complaints in your country.

How to exercise your rights as to your personal data?

Any requests to exercise your rights can be directed to us via the contact details provided below. These requests are free of charge.

Please note that we may ask you to verify your identity before responding to such requests.

Your age

The privacy of children is one of our concerns. Here at our Website we can provide services only in case you are aged 18 (or under other age of majority under the law of your country), or older. If you are under the age of majority, you will need to get your parent’s/guardian’s permission before submission of any personal data to us. If you are underage, and there is no data as to your parent’s/guardian’s permission to use our Website, please do not provide us with your consent for data processing.

Security of data and breach notifications

We process your data using computers and/or other IT enabled tools. We also take technical and organizational measures to ensure the personal data is processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.

For example, we use verified contractors that might have access to the data as specified in this Privacy Policy and with whom relevant data processing agreements are concluded. We also use Hypertext Transfer Protocol Secure (HTTPS) to ensure secure communication through the Internet. Moreover, we guide and train our personnel to process your data securely. In particular, we require our contractors to use strong passwords and enable multi-factor authentication.

In regard to protection from unauthorized access to personal data, we have implemented firewall, passwords hashing and two-factor authentication. For emergency cases we also regularly backup data to be able to restore it when it is needed. We require all our employees and subcontractors to enter in the non-disclosure agreements and data processing agreements (if applicable).

While taking necessary steps to secure your data, we have no choice but to admit that no method of transmission over the Internet or method of electronic storage is 100% secure. If it happens that any of your personal data is under the breach and if there is a high risk of violation of your rights as a data subject, we would inform you and the respective data protection agencies as to the accidents without undue delay. We will also do our best to minimize any such risks.

Changes to this Privacy Policy

We may amend or update this Privacy Policy from time to time. If we decide to do so, we will notify you of any changes via email and/or a prominent notice on our Website. We will also indicate the “Last modified” date at the top of this Privacy Policy and provide you with the details on key changes.

Contact Information

If you have any questions about this Privacy Policy or your data being processed by us, you are welcome to contact us:

Company name: CodeGemz S.R.O.
Šancová 4007/48, 811 05
Bratislava, Slovakia.

Email: privacy@codegemz.com



Cookies Policy

Last modified on: 16.10.2020

This Cookies Policy is a part of our Terms of Use and Privacy Policy.

What are cookies?

Cookies are small pieces of code that are stored on your device when you browse and use websites or other online services. They are installed on your device to enable different useful features, for example, to facilitate navigation on the website. We use cookies to improve your user experience, aggregate statistics and obtain data about how the Website is being used. These data enable us to develop and optimize the Website.

In some cases, cookies are used to collect data that is recognized to be personal data, such as IP addresses and data linked to the IP address. The usage of such cookies is regulated by the data protection laws, and you as a user obtain more rights to control the collection and processing of these data.

After installed on your device, cookies may be either deleted automatically when you close the website/web browser (so-called “session cookies”), or stored on your device to facilitate future visits to the website (so-called “permanent cookies”). Permanent cookies are automatically deleted after a period of time set by the website owner.

Some of the services collect statistics in aggregated form and may not require the consent of the user or may be managed directly by the owner – depending on how they are described – without the help of third parties.

Which cookies do we use?

We may install on your device the following types of cookies:

TypeDescription and purposeNameStorage and retenation period
Analytical cookiesThese cookies are strongly required for the error-free operation of the Website, as well as for its security and accessibility. Without them we will not be able to provide you with the information services as prescribed in our Terms of Use. You may decline these cookies by changing your browser settings, but this may affect how the Website is functioning.auth._refresh_token.local
auth._token.local
token
Stored only for the session duration
Functional cookiesThis type of cookies is also known as ‘preferences cookies.’ We use the functional cookies to remember your choice not to allow analytical and commercial cookies.auth.redirect
auth.strategy
Stored only for the session duration
Analytical cookiesThese cookies are used to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information in a way that does not directly identify anyone, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. These cookies are set by third-party analytics service Google Analytics.* The data collected in such a way is stored in aggregated form, and it does not constitute personally identifiable information._ga
_gat
_gid
Stored for 3 months

* Google Analytics is our online business analytics service that helps us to understand how our users interact with our Website. Google LLC is certified under both the EU-U.S. and Swiss-U.S. Privacy Shield frameworks.

How does the Company deal with data collected through the cookies?

The cookies consent message was the first message that you were likely to see when you visited our Website. In most cases we ask you for a consent to install cookies. This does not apply only to the cookies strictly required for the functioning of the Website in general and some of its features in particular (e.g. the very option to refuse analytical and commercial cookies).

Data that we collect with the cookies, where it is personal data, are processed in accordance with provisions of our Privacy Policy. For instance, our employees and sub-contractors may be able to access these data. Moreover, your data may be processed on our behalf by the third-party service providers mentioned above. For more information on our practices, see our Privacy Policy.

Can you withdraw your consent and turn the cookies off?

Yes, you can do that by choosing the appropriate settings of your browser. The following links might be useful for you to choose the best option of your browser and OS:

In order to opt out of the collection of data by Google Analytics across all websites, please visit the following web-page: Google Analytics Opt-out Browser Add-on.

Contact Information

If you have any questions about this Cookies Policy, please contact us.

Company name: CodeGemz S.R.O.
Šancová 4007/48, 811 05
Bratislava, Slovakia.

Email: privacy@codegemz.com