Terms of Service

1. Who these terms are for

1.1 The Numero Chip service (previously named Loenvi) is operated by Konik d.o.o., Troblje 1, 2380 Slovenj Gradec, Slovenija, registration number 5304245000, VAT ID SI 39895874 (“Konik”, “we”, “us”). Konik is the company your tour company contracts with, and the company that runs the servers.

1.2 The Numero Chip software, including this mobile app, is developed and licensed to Konik by Kaudata d.o.o., Kidričeva cesta 2B, 3320 Velenje, Slovenija, registration number 8948925000, VAT ID SI 76817008 (“Kaudata”). Kaudata is also the publisher of the app on the App Store and on Google Play, which is why the developer name on the store listing is Kaudata rather than Konik. Kaudata does not operate the service. Where these terms say “we”, they mean Konik; Kaudata is named wherever a statement is actually about it.

1.3 These terms govern your use of the Numero Chip mobile app as a tour guide whose account was created by the tour company that employs or engages you (“your tour company”). By signing in, you agree to them. If you do not agree, do not sign in — and tell your tour company, because they provisioned the account.

1.4 These are not the commercial terms. The contract for the Numero Chip service — pricing, service levels, hardware supply, data processing — is between Konik and your tour company, in a separate written agreement. Where that agreement and these terms conflict on something covering your tour company, that agreement wins.

1.5 Numero Chip is a business tool supplied to organisations for use by their staff. It is not a consumer product, it is not sold to individuals, and nothing here is aimed at consumers.

2. What the service is

2.1 Numero Chip helps a guide keep track of which members of a group are currently nearby. Each participant wears a small Bluetooth wristband tag. The app listens for those tags and shows which are in radio range and which are not.

2.2 Tour and participant data is prepared by your tour company in its own dashboard. The app downloads the tours you are assigned to and can work without a network connection for a limited period set by your tour company.

2.3 What it is not. Numero Chip is not a locator, not a tracker, and not a safety or emergency system. It reports presence within Bluetooth radio range and nothing else. It cannot tell you where anyone is, cannot find someone who has walked away, and does not summon help. See section 8.

3. Accounts are provisioned by your tour company

3.1 There is no sign-up in the app and no public registration. Your tour company creates your account, decides what it can access, and can lock, reset or delete it at any time. If you leave that company, expect your access to end.

3.2 You must be at least 18 years old and authorised by your tour company to use the app.

3.3 Your account is personal to you. Do not share your password, do not let anyone else sign in as you, and do not use anyone else’s account. Tell your tour company immediately if you think someone else has your credentials or if your phone is lost — an administrator can revoke every session on your account at once.

3.4 You can ask for your account and personal data to be erased at any time, whether or not your tour company agrees. You cannot do it from a button inside the app, because the account belongs to your tour company’s records. The process, the timescale and the form are on the account and data deletion page, and are described in the privacy policy.

4. Acceptable use

You may use the app only to do your job as a guide. You must not:

• use it for any tour or group you have not been assigned to;
• use participant data for anything other than running that tour — no personal contact afterwards, no marketing, no sharing with anyone outside the tour company, no posting it anywhere;
• copy, export, photograph or otherwise take participant data off the device except as your tour company instructs;
• attempt to reach another tour company’s data, or probe, scan or test the service’s security;
• reverse-engineer, decompile or modify the app, or work around any technical restriction in it, except to the extent that law expressly permits and cannot be excluded by contract;
• use the app to monitor a person for any purpose other than keeping the group together during the tour they are on;
• interfere with the service, overload it, or use automated means to access it;
• use it in any way that breaks the law, or that breaches your tour company’s own policies or its obligations to its customers.

If you become aware of a security problem, tell us at the contact in section 13 rather than exploiting or publishing it.

5. Handling participant data

5.1 The app shows you the names and phone numbers of real people, including — on family and school tours — children. Treat that data as confidential.

5.2 Your tour company is the data controller for it. Konik is a processor and acts on that company’s instructions, and Kaudata is a sub-processor — it writes the software and holds the cloud account the service runs in, which is what puts it in the chain (see the privacy policy, section 2.1). You handle the data on your tour company’s behalf and must follow its instructions and policies.

5.3 Practical obligations that follow: keep a screen lock on the phone you use; do not show participant details to people who have no reason to see them; do not keep offline tour data longer than you need it; and if the phone is lost or stolen, report it to your tour company at once so your sessions can be revoked.

5.4 How the data is handled technically is set out in the privacy policy, which forms part of these terms.

5.5 If your tour company objects to Kaudata as a sub-processor. Under GDPR Art. 28(2) a tour company may object to a sub-processor we use. That right is real, we do not discourage it, and exercising it is not a breach of anything. For Kaudata specifically, we state the consequence here rather than leave it to be discovered later, because it has only one outcome:

• Kaudata cannot be swapped for someone else. It writes the Numero Chip software and holds the cloud account the service runs in. There is no configuration of Numero Chip in which Kaudata is not a sub-processor — no other supplier can be put in its place, and the account will not be moved. An objection to Kaudata is therefore an objection to the only form the service exists in, not to a component that could be exchanged for another.
• So an objection that is not withdrawn ends the contract. If your tour company objects and does not withdraw the objection within [TO BE CONFIRMED: discussion period — must match clause 8.7(c) of the operator data processing agreement and clause 19.3(c) of the Kaudata–Konik licence], Konik will end that company’s service agreement and its access to Numero Chip on [TO BE CONFIRMED: notice period — same two documents, same figure] written notice. That is not a termination for breach by either side, and Konik refunds any prepaid fees for the unused period.
• The data is exported first, then erased. On that ending, the tour company’s data follows the ordinary termination route: it is exported to the company in a structured, commonly used, machine-readable format, and only then erased from the service, with written confirmation of the erasure. Guide accounts and participant records go the same way, on the same timetable.

Who the sub-processors are, and why Kaudata is one, is set out in the privacy policy, section 2.1. If you are a guide and want your own account and personal data erased — separately from anything your tour company decides — that route is always open to you at the account and data deletion page, and does not depend on this clause.

6. Wristbands and hardware

6.1 The wristband tags are supplied to your tour company under its agreement with Konik. They remain the property of whoever that agreement says owns them. Handle them as your tour company instructs, and return them.

6.2 Tags are battery-powered radio beacons. They stop working when the battery runs down, when they are out of range, when they are covered by a body or a bag, or when radio conditions are poor. This is normal.

6.3 You supply your own phone (or your tour company does). The app needs a compatible device, Bluetooth switched on, and the Bluetooth permission granted. Battery life, background restrictions and radio behaviour vary by device and by operating system version, and are outside our control.

7. No purchases in the app

7.1 The app contains nothing to buy. There are no in-app purchases, no subscriptions bought inside the app, no upgrades, no consumable items and no payment details collected from you. You are never charged anything for using it.

7.2 The service is paid for by your tour company under its own agreement with Konik. Any billing question is between them and us.

8. Reliability, availability, warranties and liability

8.1 Detection is best-effort. Bluetooth detection is inherently unreliable. A tag can go undetected while its wearer is standing next to you, and can be detected after its wearer has stopped being in your care. Signals are blocked by bodies, walls, water and terrain; batteries die; phones sleep; operating systems throttle background radio use. A participant shown as present may not be there, and a participant shown as missing may be fine.

8.2 The app does not scan while it is in the background or while the phone is locked. Scanning runs only while the scan screen is open and in the foreground.

8.3 The service is provided “as is” and “as available”. To the fullest extent permitted by law, we exclude all implied warranties, including fitness for a particular purpose. We do not warrant that the service will be uninterrupted, error free, or that it will detect any particular tag at any particular moment.

8.4 Responsibility for the group stays with the tour company and its guides. Nothing in the app transfers any duty of care to Konik or to Kaudata. Decisions about a group’s safety are yours and your tour company’s, informed by your own judgement and your own procedures.

8.5 To the fullest extent permitted by law, neither Konik nor Kaudata is liable to you for indirect or consequential loss, loss of profit, loss of business or loss of data arising from your use of the app. Where liability cannot lawfully be excluded, it is limited to the amount your tour company paid Konik for the service in the twelve months before the event.

8.6 Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited. Your mandatory statutory rights are unaffected.

8.7 The app is published on the App Store and on Google Play by Kaudata d.o.o., which is therefore the app’s provider for the purposes of those stores’ own terms, while the service behind it is operated by Konik (section 1). Apple and Google are not parties to these terms, have no obligation to support the app, and are not responsible for it. If you obtained the app from the App Store, Apple is a third-party beneficiary of these terms and may enforce them against you.

8.8 Availability. The service runs on infrastructure located within the European Union and is operated to an availability target of 99.95% per calendar month. That is an operational target for the platform, not a guarantee to you and not a warranty: as a guide you are not a party to the service agreement, and section 8.3 still applies. The binding commitment — how availability is measured, over what period, what is excluded (planned maintenance, the app stores, your own device and network, the mobile networks in between) and what remedy applies if it is missed — lives in the agreement between Konik and your tour company. [TO BE CONFIRMED: the contractual SLA in the customer agreement — measurement window, exclusions and remedy. The figure above is published as a target and must stay worded as one until the agreement says the same thing; see docs/APP-STORE-COMPLIANCE.md §8 q17 for why promising 99.95% contractually is the wrong move.]

9. Intellectual property

9.1 The app and the platform belong to Kaudata (or its licensors), which licenses them to Konik to operate as the Numero Chip service. The “Numero Chip” name, logo and related marks also belong to Kaudata, and are used by Konik under that licence. Nothing here transfers ownership of anything to you or to your tour company.

9.2 You get a personal, non-exclusive, non-transferable, revocable licence to use the app on a device you control, for as long as your tour company’s service agreement is in force and your account is active, and only for the purpose in section 2. The licence reaches you through Konik under its own licence from Kaudata.

9.3 Tour and participant data belongs to your tour company, not to Konik, not to Kaudata and not to you.

10. Suspension and ending access

10.1 Your tour company can lock or delete your account at any time, for any reason, without involving us.

10.2 We can suspend or withdraw access where an account is being used in breach of section 4, where there is a security risk, or where we are legally required to. Where practical we will tell your tour company first.

10.3 Access also ends when your tour company’s service agreement ends.

10.4 When your access ends, sign out and delete the app; any cached tour data expires and is removed automatically. Sections 5, 8, 9, 11 and 12 survive.

11. Governing law and disputes

11.1 These terms are governed by the law of the Republic of Slovenia, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

11.2 Disputes are subject to the exclusive jurisdiction of the competent court in Slovenj Gradec, Republic of Slovenia — the seat of Konik d.o.o., the party you are contracting with.

11.3 If you are in the EU/EEA and any mandatory local rule gives you a different result, that rule applies instead.

11.4 If any provision of these terms is held unenforceable, the rest continues in force.

12. Changes to these terms

We may update these terms — for example when the app changes. The current version is always published here, with its effective date. For material changes we will notify tour companies in advance so they can inform their guides. Continuing to use the app after a change takes effect means you accept the updated terms.

13. Contact

• Konik d.o.o. — the service operator, and the right contact for anything about the service, your account or your data. Troblje 1, 2380 Slovenj Gradec, Slovenija
• Kaudata d.o.o. — the software supplier and the publisher named on the App Store and Google Play listings. Kidričeva cesta 2B, 3320 Velenje, Slovenija
• Support, legal and privacy: trgovina@konik.si, a monitored mailbox operated by Konik. It is the single address for all three — there is no separate support mailbox, and no address at numerochip.com. What we do with the data itself is set out in the privacy policy.
• Account and data deletion: delete-account.html

For anything about a specific tour, a specific participant or your own account permissions, contact your tour company first — they administer it.