Terms of Use of the Smart Counter Application

The provider of the Smart Counter mobile application (the “Application”) is Esentra, s.r.o., with its registered office at Levočská 7711/47, 080 01 Prešov, Slovak Republic, company ID (IČO): 47 183 721, tax ID (DIČ): 2023792012, VAT ID: SK2023792012, registered in the Commercial Register of the Prešov District Court, Section Sro, Insert No. 28128/P (the “Provider”). Contact: info@esentra.sk, smartcounter.esentra.sk. The supervisory authority is the Slovak Trade Inspection (www.soi.sk).

These terms are the contract between the Provider and everyone who uses the Application (the “User”). The contract is concluded at a distance when the User accepts the terms in the Application; without accepting them, the Application does not allow a count on a line or a count in a picture to be started. The User declares that they have reached the age of 18 and have the capacity to conclude the contract.

A Consumer is a User who is a natural person and does not act within their trade, business, employment or profession; every other User is a Business. The terms are permanently available in the Application and on the Provider’s website; the Provider does not keep concluded contracts separately.

The Provider grants the User a non-exclusive and non-transferable licence to install the Application and use it on the User’s own devices in a manner consistent with its purpose, for the duration of the contract and within the scope of the free version or of the Smart Counter Pro purchased.

Unless mandatory law provides otherwise, the User may not reproduce, distribute, rent or sublicense the Application or its parts, reverse-engineer, decompile or modify them, extract machine-learning models from them, circumvent the technical measures that define the free version or verify a purchase, or use the Application contrary to law or to the rights of third parties.

The Application is protected by the Provider’s copyright; all rights not expressly granted are reserved by the Provider. Third-party components are provided under their own licences, listed in the Application (Settings → Licences).

The free version shows the result of every count on a line and count in a picture up to 100 objects and makes the last 3 records available in the history. Smart Counter Pro makes available complete results, unlimited history, insights, PDF reports and CSV export, within the scope described in the offer in the Application at the time of purchase.

Smart Counter Pro is provided as a subscription for a monthly or yearly period or as a one-time purchase without time limit. The contract for making it available is concluded by completing the order in Google Play. The binding price is the price including tax that Google Play displays before the order is confirmed. Payment, proof of purchase and refunds are handled by Google Play under its own terms; the Provider has no access to payment data.

A subscription renews automatically for a period of the same length at the price valid at the time of renewal until the User cancels it in Google Play (Payments and subscriptions). Cancellation takes effect at the end of the paid period; the payment for the remainder of the period is not refunded unless the law or the Google Play terms provide otherwise. Uninstalling the Application does not cancel the subscription.

Smart Counter Pro is tied to the Google account from which it was purchased and cannot be transferred to another account. After a subscription ends, a payment is refunded or a purchase is cancelled, the Application returns to the scope of the free version; the stored records remain on the device.

The Provider may change prices, a change not applying to a period already paid for, and may update the Application also in a way that changes its functions, in particular for reasons of security, changes in the law, the requirements of Google Play or technical development. The Provider is not obliged to develop the Application further or to keep its individual functions. If a change materially and adversely affects the use of Smart Counter Pro, the Consumer may terminate the contract free of charge within 30 days.

The Application determines the numbers of objects by automatic image recognition directly on the device. A result is an estimate. Its accuracy depends in particular on the placement and stability of the device, the angle and distance of the view, lighting, weather, the density and overlapping of the objects, the quality of the photograph and the performance of the device. The estimate of deviation that the Application states is for information only.

The Application is not a legally controlled measuring instrument under Act No. 157/2018 Coll. on Metrology. The results are not an official measurement, do not replace certified counting equipment and are not intended for deciding on the rights and obligations of specific persons. The Application does not recognise faces, vehicle registration numbers or the identity of persons.

The Application is provided as is. The Provider does not guarantee the correctness, completeness or accuracy of the results, their fitness for a particular purpose, or the uninterrupted and error-free operation of the Application. A deviation of a result from reality, its incompleteness or incorrectness corresponding to this nature is not a defect.

Before purchasing Smart Counter Pro, the User is obliged to verify in the free version whether the counting suits their purpose, and expressly confirms this before the purchase; the User thereby accepts the characteristics described as a specific characteristic of the digital content. The User is obliged to verify the results before using them and uses them solely at their own risk and responsibility.

The User alone is responsible for where, how and for what purpose they use the Application. In particular, the User is obliged to:

The User shall compensate the Provider for the damage and reasonably incurred costs arising from claims of third parties or from sanctions of public authorities as a result of the User’s breach of these terms or of the law.

A Consumer may withdraw from the contract for making Smart Counter Pro available without giving a reason within 14 days of its conclusion, by a statement sent to info@esentra.sk or to the address of the Provider’s registered office, for which the form in the annex may be used, or by a refund request in Google Play. The right of withdrawal expires if the supply of the digital content began with the Consumer’s express consent and after the Consumer’s declaration that they had been informed of losing this right, under the conditions of Act No. 108/2024 Coll. on Consumer Protection. The Provider refunds the payment within 14 days of receiving the withdrawal, through Google Play.

The Provider is liable for Smart Counter Pro having the characteristics described in the Application and in these terms: for a subscription throughout its duration, for a one-time purchase for two years from its being made available. The User makes a complaint to info@esentra.sk with a description of the defect, the device and the version of the Application, and the Google Play order number. The Provider handles it within 30 days at the latest and issues a record of how it was handled by e-mail. The Consumer’s claims from defects are governed by the Civil Code.

A Consumer who is not satisfied with how a complaint was handled may ask the Provider for a remedy. If the Provider refuses or does not reply within 30 days, the Consumer may submit a proposal for alternative dispute resolution under Act No. 391/2015 Coll. to the Slovak Trade Inspection (www.soi.sk) or to another entity on the list of the Ministry of Economy of the Slovak Republic (www.economy.gov.sk); a Consumer from another Member State of the European Union may also turn to the European Consumer Centre of their state. The right to go to court is not affected.

To the fullest extent permitted by law, the Provider is not liable for any damage arising in connection with the use of, or the inability to use, the Application, or with the results. The exclusion covers actual damage and lost profit, indirect and consequential damage, loss of data, revenue, contracts or reputation, wasted costs and claims of third parties.

In particular, the Provider is not liable for damage caused by the incorrectness, inaccuracy or incompleteness of a result, by a decision taken on its basis, by use of the Application contrary to these terms, by loss of data, by failure or replacement of the device, by the conduct of third parties including the operator of Google Play, the manufacturer of the device and the provider of the operating system, or by circumstances beyond its control.

Where the Provider’s liability cannot be excluded, compensation is limited to the amount the User paid for Smart Counter Pro in the 12 months before the event that caused the damage, and does not exceed the damage that could be foreseen at the time the contract was concluded.

This article also applies to the Provider’s employees, statutory bodies, shareholders, authors and suppliers. It applies to the fullest extent permitted by law; it does not affect liability that cannot be excluded or limited under mandatory law, nor the statutory rights of Consumers.

The contract is concluded for an indefinite period. The User may terminate it at any time by uninstalling the Application; this does not cancel a subscription. The Provider may withdraw from the contract if the User materially breaches article 2 or 5, and may at any time end the development, support or distribution of the Application; the Consumer’s rights from performance already paid for are not affected.

The Provider may change the terms because of changes in the law, the requirements of Google Play or of public authorities, changes in the functions of the Application, or security. It publishes the new wording in the Application and on its website; until the User accepts it, the User cannot start a new count, while access to the stored results remains. A change does not apply to the Consumer’s detriment to a period already paid for or to a purchase already made.

The contract is governed by the law of the Slovak Republic, in particular the Civil Code, Act No. 108/2024 Coll. and the Copyright Act, and in relations with Businesses the Commercial Code. This does not deprive a Consumer habitually resident in another state of the protection afforded by the mandatory rules of that state.

The parties undertake to resolve disputes preferably by agreement; before asserting a claim, the User shall call on the Provider at info@esentra.sk and give it a reasonable time to resolve the matter. Disputes with Businesses fall within the jurisdiction of the courts of the Slovak Republic, locally the court of the Provider’s registered office. Jurisdiction in consumer matters is determined by law.

The Slovak version of the terms prevails, unless the mandatory rules of the state of the Consumer’s habitual residence provide otherwise. The invalidity of a provision does not affect the others. The Provider’s failure to exercise a right is not a waiver of it. The processing of personal data is governed by the Privacy Policy.