Terms of use

1. ACCEPTANCE OF THE TERMS

1.1 Terms. Please read these Terms of Use and the Privacy Policy available at https://duocards.com/en/privacypolicy/ (collectively, the “Terms“) carefully before you start using the Application. When you start using the Application or click to agree to the Terms of Use when this option is made available to you, you conclude an agreement on use of the Application with Us (the “Agreement”) which includes the Terms. If you do not agree to the Terms, you must not access or use the Application.

1.2 Important provisions. Especially as a consumer, make sure to read at least these provisions as they are important for you: 4.5. with 11.3. (Immediate provision of services and impossibility of withdrawal within 14 days), 4.6. (Automatic Renewal), 5.2. (Your Content), 13.3. (Change of Terms), Art. 8 (Warranty claims).

1.3 Contacts. Our contact information is: info@duocards.com.

2. FEW DEFINITIONS

2.1 Upper case pronouns “We”, “Us” and “Our” refer to DuoCards s.r.o. with registered office at Hluboká 91/18, Štýřice, 639 00 Brno, Czech Republic, ID no.: 082 12 571, incorporated under the laws of Czech Republic, registered in the Commercial Register at the Commercial Register Court in Brno under file no. C 112470.

2.2 Pronouns “you” and “your” refer to you as a customer of the application DuoCards available at Google Play and AppStore (the “Application”) or accessible through https://duocards.com/ (the “Website”).

2.3 ”Authorized Users” are you and if you purchase a relevant subscription plan, also persons authorized by you to access or use the Application with limitations under your subscription plan.

2.4 “Store Operators” are Google LLC operating Google Play online store and Apple Inc. operating the AppStore.

2.5 ”Third-Party Materials” are materials, documents, data, products, services, or software that are not Ours, including open-source software.

3. CONDITIONS FOR USE

3.1 Conditions. To use the Application (unless you access it as a guest with very limited functions), We need you to:

1. install the mobile version of Application from Google Play or AppStore,
2. create an account in the mobile version of the Application using Google sign-in, Apple sign-in or e-mail sign-in,
3. log-in to your account as per letter b),
4. be connected to the internet.

3.2 Browser version. Once you create an account in the mobile version of the Application, you will be allowed to access the browser version of the Application through Website with the same login details.

4. FEES AND PAYMENT

4.1 Free version. Basic version of the Application is provided free of charge with limited functions.

4.2 Premium functions. Premium functions of the Application are subject to a fee and to use them you must first purchase a subscription. You can find the current subscription price list as well as information about the scope of the additional functions, length of subscription period, allowed number of Authorized Users for the subscription and other relevant information directly in the Application (the “Premium functions”). Subscription prices are inclusive of VAT, which We will charge you in accordance with the law and you agree to pay.

4.3 Subscription order. You may order a subscription through the Application. By clicking on the appropriate subscription button in the Application you agree to the use of remote means of communication and warrant that your contact information is true and accurate. Ordering a subscription obligates you to pay the price.

4.4 Payment Methods. Payments are processed through the purchasing system of the respective Store Operator. Please note that making payments through these payment methods is subject to their separate terms and conditions.

4.5 Immediate provision of services. By paying the fee, you expressly request from Us to make the Premium functions available to you before the expiration of the withdrawal period. We will commence provision of the Premium function for the chosen duration of the subscription period as soon as we confirm your order in writing after your payment.

4.6 Automatic Renewal. You agree that payment for next subscription period will be automatically deducted in the subscription amount via the payment method registered by you on the first day of the next subscription period. In case the payment does not proceed, the Premium functions will be deactivated.

4.7 Subscription Cancellation. You may cancel your subscription at any time in the Application before the end of the current subscription period, in which case your subscription will be cancelled on the last day of the current subscription period. Upon expiration, we will cease to provide the Premium functions to you.

4.8 Other payment methods. Once made available on the Website, you will be allowed to make payments via Stripe payment gateway. You hereby agree to the terms and conditions of Stripe services available at https://stripe.com. Payment instructions will be displayed to you in immediately after the order is submitted. We will issue and send the invoice to you at the same time as the order confirmation. In case of subscription period renewal, the fees will be charged automatically to the payment method you last selected.

4.9 Late Payment. If you fail to make any payment when due, then in addition to other remedies We may suspend provision of the Premium functions until all past due amounts have been paid, without incurring any obligation or liability to you or any other person by reason of such suspension.

4.10 Chargeback. We reserve the right to immediately suspend access to the Premium functions, without prior notice, in the event we receive notice of a Chargeback (as defined below). Contacting your bank or credit / debit card provider and rejecting, cancelling, or contesting the charge of any amount payable in connection with your use of the Application (“Chargeback”) will be considered a breach of your payment obligations under the Agreement. We also reserve the right to dispute any Chargeback received. We may take reasonable steps to restrict your future access to our Application if We believe that you have maliciously requested a Chargeback.

5. APPLICATION USE

5.1 Use. As long as you comply with obligations under the Agreement, We grant you a non-exclusive, non-transferable right to use the Application during the term of the Agreement, solely for use by Authorized Users in accordance with the Agreement.

5.2 Your Content. You grant Us an exclusive license for all content uploaded by you (i.e. flash cards sets etc.), unless you don’t own the rights to grant it (such as Youtube videos), including the right to change, modify, translate, copy, or use such content in any other way and even delete it from the Application. You may only post educational and study-related content.

5.3 Content guidelines. You may not upload or otherwise distribute any content by or through the Application that is illegal, unlawful, infringes the rights of third parties, or violates the Terms. In particular, the you may not:

1. distribute content that could be considered unsolicited, inappropriate or harassing advertising, and in particular no offers for products or services in general shall be made,
2. distribute content that infringes intellectual property rights, personality rights, disrespects dignity or creates a sense of danger (for example, language that threatens, intimidates, excludes or silences someone),
3. distribute content that is offensive and promotes racism, bigotry, hatred, harm, harassment or advocates harassment, exploiting individuals sexually or violently, is sexually suggestive, violent, or is containing offensive subjects, soliciting personal information from minors, posing privacy/security risks, is sharing others’ information without consent, is soliciting passwords or personal info (especially) for commercial/unlawful purposes, is transmitting junk mail, spam, or promoting criminal activities or
4. distribute content that is generally false, misleading, illegal, abusive, threatening, obscene, defamatory, or libelous.

5.4 Notifications. We accept notifications of content in the Application that you, other users (or any other third party) consider to be illegal. Such notification may be sent to info@duocards.com or through Help-center in the Application. The notification must include at least the following information:

1. a sufficiently substantiated explanation of why the content in question is supposed to be illegal,
2. an unambiguous indication of the exact electronic location of the content, such as identification of specific user in the Application and its content description, and, if necessary, additional information to identify illegal content depending on its type,
3. the name of the person making the notification and its email address, except if notification is about content that is believed to constitute an offence referred to in Articles 3 to 7 of Directive 2011/93/EU,
4. a statement confirming that a person or an entity making the notification believes in good faith that the information and allegations contained in the notification are accurate and complete.

5.5 Mechanism of remedy. If the notification contains the electronic contact information of the person submitting it, We will send an acknowledgement of receipt of the notification without undue delay. We will also inform such person without undue delay of Our decision with respect to the information to which the notification relates and provide information on further legal remedies available to such person in relation to that decision. If We become aware of unlawful activity, illegal content or content that is inconsistent with the Terms, We may take action to remove or disable access to it. Alternatively, We may impose restrictions on the respective user by assigning a lower search ranking to the content, suspending, terminating, or otherwise limiting monetary payments, suspending, or terminating service to such user, or suspending or terminating the user’s account. In such case, We will provide the affected user (if We have the respective electronic contact information) with a clear and specific justification for such restriction. However, if We assess the content to be compliant with the law and the Terms, We may also decide not to act against such content.
5.6 Reservation of Rights.
Nothing in the Agreement grants you any license or other right to any intellectual property rights in or relating to the Application, or Third-Party Materials. All rights to the Application and the Third-Party Materials are and will remain with Us and the respective rights holders. You do not acquire any rights except as expressly set forth in Section 5.1 or in the applicable third-party license terms. By entering into the Agreement or, as the case may be, by creation of such data, you assign to Us all rights relating to the resultant data (data related to your use of the Applications that are used by Us in an aggregate and anonymized manner, including statistical and performance information related to operation of the Application). We reserve the right to make changes to the Application that We deem necessary or useful to comply with applicable law, enhance the quality of Application, cost efficiency or performance.
5.7 Suspension or Termination.
We may suspend, terminate, or otherwise deny your, Authorized User’s, or any other person’s access to or use of the Application, without incurring any resulting obligation or liability, if:

1. We receive a judicial or governmental request or order that requires Us to do so, or We become aware that a governmental authority or other authority with legal authority has enacted a new, or modified an existing, law, rule, regulation, interpretation or decision that would make our performance of any part of the Agreement unlawful or otherwise illegal, or
2. you or any Authorized User has failed to comply with the Agreement or used the Application beyond the scope of rights granted or for a purpose not authorized under the Agreement; or that you or Authorized User has been, or is likely to be involved in fraudulent or unlawful activities,
3. you do not pay the fees when due, or We receive a Chargeback.

6. USE RESTRICTIONS

6.1 Use Restrictions. You may not, and may not permit any other person to, access or use the Application except as expressly permitted by the Agreement and, in case of Third-Party Materials, the applicable third-party license terms. You shall not in particular, but not exclusively:

1. copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Application,
2. modify, create compilations or derivative works of the Application, remove, or alter trademarks, disclaimers, or notices from Applications,
3. bypass or breach any security used by the Application or access or use the Application other than by an Authorized User through the use of its own then valid access credentials,
4. access or use the Application in manner or for purpose that infringes any intellectual property right or other right of any third party or that violates any applicable law,
5. upload, transmit, or otherwise provide to or through the Application, any information or materials that are unsolicited advertisements or content (i.e., “spam”), unlawful or contain or activate any harmful code (software, hardware, or other technology, including malware, the purpose or effect of which is to permit unauthorized access to, disrupt or otherwise harm any computer, software, hardware, or network; or prevent any other customer or Authorized User from accessing or using the Application),
6. damage, disable, interfere with, or otherwise harm the Applications, or Our provision of Application,
7. access or use the Application for purposes of competitive analysis of the Application, development, provision, or use of a competing service or product or any other purpose that is to Our commercial disadvantage, or
8. access or use the Application in association with any safety-critical systems, or other systems in which the use or failure of the Application could lead to personal injury or physical or property damage.

7. YOUR OBLIGATIONS

7.1 Your obligations and responsibilities. You shall at all times during the Agreement term:

1. keep your devices and Application updated, otherwise, the Application may not function properly or at all,
2. make sure that you have necessary right to provide Us with everything you are uploading to the Application and any such content does not infringe any third-party rights, in particular intellectual property rights or privacy rights or obligations under any law or regulation,
3. be responsible for use, security, and protection of access details from unauthorized use; and
4. be responsible for all access to and use of the Application through access details of Authorized Users, including all activities done by them.

8. CLAIMS AND DEFECTS

8.1 Free Services. If you experience any defect in the Application, please report it to Us by email sent to the contact address set out at the beginning of the Terms or through the Help-centre in the Application. As the free version of the Application is free of charge, We cannot promise you anything other than Our “best efforts” in relation to its proper functioning. This means that We provide and you accept the free version of the Application “as is” and “as available”. We make no representations or warranties, express or implied, to you in connection with them, and We hereby disclaim all implied warranties and liability, including the implied warranties of fitness for a particular purpose.

8.2 Defects. If you pay for Premium functions, you may exercise your rights as a consumer for their defects within twenty-four months from their provision. You may exercise your rights under defective performance by sending a claim by letter to Our registered office, via the App or by email sent to info@duocards.com.

8.3 Definition of Defect. Defects in performance do not include the inability to access the Application due to the failure of your internet connection or technical device, the unavailability of the Application, or any other circumstances contemplated by these Terms, or the difference between the Application and its functions with your expectations. Similarly, other situations, which are specifically excluded by these Terms (such as use of old version of the Application by you or issues related to the free version of the Application etc.), cannot be considered a defect.

8.4 Claiming Defects. You may use the sample form provided by Us for making a claim, which is set out below. In exercising the right of defective performance, you must choose how you wish to resolve the defect, and you cannot subsequently change this choice without Our consent. We will settle the claim in accordance with the defective performance right you have exercised.

8.5 Rights from Defective Performance
If the Application is defective, you have the following rights:

1. to remedy the defect by supplying a new Application without the defect, or by supplying the missing function of the Application; or
2. to remedy the defect by repairing the Application,

unless the chosen method of remedying the defect is impossible or unreasonably costly compared to the other method, which will be assessed having regard in particular to the significance of the defect, the value the Application would have without the defect and whether the defect can be remedied by the other method without significant inconvenience to you.

8.6 Right to Refuse. We are entitled to refuse to remedy a defect if it is impossible or unreasonably expensive to do so, having regard in particular to the significance of the defect and the value that the Application would have had without the defect.

8.7 Other Rights in Respect of Defective Performance. You are also entitled to:

1. a reasonable discount on the price; or
2. withdrawal from the Agreement,

however, only if:

1. We refuse to remedy the defect or fail to remedy it in accordance with the law;
2. the defect is repeated,
3. the defect represents a material breach of the Agreement; or
4. it is apparent from Our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to you.

8.8 Insignificant Defect. There is no right to terminate the Agreement if the defect is insignificant.

8.9 Confirmation. When a claim is made, We will issue you with a written confirmation stating:

1. the date on which You made the claim;
2. what is the content of the claim;
3. what method of settlement you require;
4. your contact details for the purpose of providing you with information about the handling of the claim.

8.10 Handling of the Claim. We will decide on the validity of the claim based on your information and we will review and process the claim without undue delay and inform you of the outcome of the claim within 30 days of the claim.

8.11 Digital Content. If you are a consumer who is paying for Premium functions, in addition to the general rules set out above in this Article 8, the following rules shall apply in priority to defects in digital content or digital content services:

If the defect manifests itself during the term of the Agreement, the burden is on Us to prove that the digital content or digital content services were provided without defects; this does not apply if We prove that the defect was caused by your inadequate technical or software equipment or network connection necessary for their proper functioning (the “Digital environment”) although you were advised of the need for it; You must provide the necessary cooperation to verify that the defect is caused due to the inadequate digital environment, and if you refuse to provide such cooperation, We are not obligated to prove that the digital content or digital content services were provided without defect.

We shall also be liable for any defect caused by any incorrect connection of the digital content or digital content service to the Digital environment that is made by Us or under our responsibility or that you have made in accordance with instructions provided by Us.

You may complain of a defect that appears or occurs in the digital content or digital service during the term of the Agreement or, in the case of a one-time performance, within two years of making it available.

If the digital content or digital content service has a defect, you may demand its rectification, unless this is impossible or unreasonably costly.

We will rectify the defect within a reasonable time after it has been pointed out so as not to cause you significant inconvenience.

You may claim a reasonable discount or withdraw from the Agreement if We do not remedy the defect within a reasonable time or it is apparent from Our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to you, if the defect remains after remedy or if the defect constitutes a material breach of the Agreement.

The reasonable discount under the preceding clause shall be determined as the difference between the value of the digital content or digital content service without defect and the defective digital content or digital content service provided to you; if the digital content or digital content service is to be provided for a certain period of time, the period of time for which it was provided defectively shall be taken into account; the discount shall also be due to you in the event of withdrawal from the Agreement.

You cannot withdraw from the Agreement if the defect in the digital content or digital content service is insignificant.

We will refund any sums of money that we are required to release to you by reason of defective performance at our own expense without undue delay, but no later than 14 days from the date of your exercise of your right, in the manner in which the fee was paid to Us, unless you expressly agree otherwise and incur no further costs.

8.12 Third Parties. The Application is dependent on the facilities and services of third parties (for example, internet service providers or cloud service providers). We cannot control the availability or quality of these third party facilities and services. During times of their failure or downtime, the Application may be temporarily unavailable without entitling you to any compensation.

8.13 B2B. Unless you are a consumer, this Article 8 does not apply to you and it is your responsibility to notify a defect without undue delay after you may have become aware of it, but no later than three days after the provision of the Application. You shall have rights under the applicable law in respect of defective performance. If you are not a consumer, the applicability of Sections 2389g to 2389u of Czech Act No. 89/2012, the Civil Code, as amended, is excluded.

9. Representations and Warranties

9.1 Disclaimer of Warranties. Application and its functions are provided “as is.” To the maximum extent permitted under the applicable law, we specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice. Without limiting the foregoing, we make no warranty of any kind that the Application, or any function or results of the use thereof, will meet your or any other person’s requirements, be available or operate without interruption, achieve any intended result, be compatible or work with any software, system, or other service, or be secure, accurate, complete, free of harmful code, or error free. All third-party materials are provided “as is” and any representation or warranty of or concerning any third-party materials is strictly between you and the third-party owner or distributor of the third-party materials. Application does not replace the need for you to maintain regular data backups or redundant data archives. We have no obligation or liability for any loss, alteration, destruction, damage, corruption, or recovery of your data.

10. Limitation of Liability

10.1 Exclusion of Damages. To the maximum extent permitted under the applicable law, in no event will we or any of our affiliates, licensors, service providers, or suppliers be liable under or in connection with the Agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any: (a) loss of production, use, business, revenue, or profit or diminution in value; (b) impairment, inability to use or loss, interruption, or delay of the services; (c) loss, damage, corruption, or recovery of data, or breach of data or system security; (d) cost of replacement goods or services; (e) loss of goodwill or reputation; (f) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages, regardless of whether you were advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

10.2 Cap on Monetary Liability. To the maximum extent permitted under the applicable law, in no event will the collective aggregate liability of us and our affiliates, licensors, service providers, and suppliers arising out of or related to the Agreement, whether arising under or related to breach of contract, tort (including negligence), strict liability, or any other legal or equitable theory, exceed 100% of the amounts paid by you to us under this Agreement in the 12 month period preceding the event giving rise to the claim. The foregoing limitations apply even if any remedy fails of its essential purpose.

11. Term and Termination

11.1 Term. Initial term of the Agreement commences on the date of its conclusion and continues until terminated pursuant the Agreement’s express provisions. Unless the Agreement is terminated, subscription period for Premium functions will automatically renew for additional successive subscription period of the same length as the previous one unless earlier terminated pursuant to the Agreement’s express provisions or either party gives the other party written notice of non-renewal at least on the last day of the then-current period. Each renewal period is subject to payment of relevant fees as indicated above.

11.2 Withdrawal. If you are a consumer, you may withdraw from the provision of Premium functions without giving any reason within fourteen days from the date of commencement of the provision of the Premium functions. You may withdraw preferably via the Application, if it allows it, or by sending a signed withdrawal form to our address DuoCards s.r.o., Hluboká 91/18, Štýřice, 639 00 Brno, Czech Republic or to our contact email address. In order to meet the withdrawal deadline, you must send the withdrawal declaration within the withdrawal period.

11.3 Legal effects of withdrawal:
The legal effect of withdrawal shall commence on the date of delivery of written notice of withdrawal to the other party and results in the termination of the Agreement. After withdrawal, We may prevent you from continuing to use the Premium functions of the Application, in particular by making them unavailable. If you withdraw, We will return all payments to you immediately, within 14 days at the latest; this does not apply if you withdraw from the provision of Premium functions We have started to provide at your express request before the expiry of the withdrawal period; in this case, we are not obliged to return a proportionate part of the agreed payments provided up to the time of withdrawal, therefore, in this case, the subscription fee.
11.4 Termination:
In addition to any other express termination right set forth in the Agreement:

1. you can terminate the Agreement by deleting your user account,
2. We may terminate the Agreement, effective on written notice to you, if you:
   1. fail to pay any amount when due hereunder, or
   2. breach any of your obligations under Section 5.3., 6.1 and/or 7.1

11.5 Effect:
Upon expiration or termination of the Agreement, except as expressly otherwise provided herein:

1. rights and licenses granted by Us to you hereunder will immediately terminate,
2. We may destroy and permanently erase all data provided by you, provided that, for clarity, this obligations does not apply to any resultant data,
3. You shall immediately cease all use of the Applications,
4. We may disable your and Authorized User access to the Applications,
5. paid fees for subscription period are non-refundable.

11.6 Surviving Terms:
The rights and obligation of the parties in the Agreement that, by nature, should survive termination or expiration of the Agreement, will survive any expiration or termination of the Agreement.

12. PROVISIONS REQUIRED BY THE STORE OPERATOR:

12.1 Store Operator: The Application can be downloaded from online store operated by Store Operators. These Terms do not apply to the relationship with the Store Operators. We are responsible for the Application and your content (with limits above), not the Store Operators. In the event of a conflict between a provision of the Terms and a provision of the Store Operators’ terms and conditions (such as Apple Media Services Terms and Conditions) that cannot be waived, the provisions of the Store Operators’ terms and conditions will apply.

12.2 Device: If you download the Application from the AppStore, it may only be used on Apple-branded devices that you own or control or through accounts linked by Family Sharing to the account from which the Application was downloaded. You must follow the terms of use set out in the Apple Media Services Terms and Conditions.

12.3 Responsibilities: If We agree to provide any support and maintenance services in relation to the Application, the obligation is Ours. You agree that the Store Operators are under no obligation to provide any support and maintenance services in relation to the Application. To the extent that We have not excluded any warranty, whether arising by law or under the Terms, it is Us who grants it, not the Store Operators. If any warranty is breached, you may contact the Store Operator who may refund the price of your download of the Application (if there was a fee). However, the Store Operators shall have no obligation to settle any of yours warranty claims or any other claims, injury, liability, damages, costs or other expenses related to a breach of warranty, all of which shall be Our sole responsibility. We, and not the Store Operators, shall be solely responsible for settling any claims you may have relating to the Application or its use, including, without limitation, claims arising from product liability, product defects, damages caused by defects, or failure to comply with legal requirements, whether relating to personal data, consumer rights or any other similar area, including the HealthKit and HomeKit legal framework.

12.4 IP: Should a third party claim that the Application or your use of the Application infringes its intellectual property rights, you and We will be solely responsible for investigating, defending, settling and prosecuting such claim. You will indemnify Us against any damages and costs incurred by Us in such action at Our request.

12.5 Sanctions: You represent that the you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “state sponsor of terrorism”; nor you are listed on any U.S. government list of “prohibited or restricted parties”.

12.6 Other terms: You must comply with the relevant third party terms and conditions (for example, those of your internet provider) when using the Application. Store Operators and their affiliates are third party beneficiaries of the Terms and have the right to enforce the Terms against you.

13. FINAL PROVISIONS

13.1 Data Protection: Your personal data will be processed when using the Application. Privacy policy terms, including details of this processing are available at the following website https://duocards.com/en/privacypolicy/.

13.2 Force Majeure: In no event will We be liable for any failure or delay in performance of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond Our reasonable control, including acts of God, flood, fire, earthquake, war, terrorism, cyber-attack (including DDoS), invasion, embargoes, strikes, passage of law, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation. We may terminate the Agreement if a force majeure event continues for a period of 30 days or more.

13.3 Change of Terms: If it becomes necessary to change the Terms, please note that We may do so (e.g. the provisions on the rules of use of the Application). However, We will notify you of any change in a timely manner through the Application’s user interface or by sending you an e-mail at least 30 days prior to the change. If You reject the amended Terms within that period by email to Our contact email address set out at the beginning of the Terms, the Agreement will terminate with effect on the last day of the original Terms. Otherwise, you accept the change upon the expiration of that period.

13.4 Out-of-court dispute resolution: The Czech Trade Inspection Authority, with its registered office at Štěpánská 44, 110 00 Prague 1, ID No.: 000 20 869, Internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between Us and a user who is a consumer under a contract concluded by electronic means.

The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes.

13.5 Notices: The requirement of written form is met if the electronic text with a simple electronic signature is delivered to the e-mail address of the other party, or by other electronic means agreed by the parties.

13.6 Severability: If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, we shall negotiate in good faith to modify the Agreement so as to effect the original intent to the greatest extent possible.

13.7 Governing Law; Submission to Jurisdiction: Agreement is governed by and construed in accordance with the internal laws of Czech Republic without giving effect to any choice or conflict of law provision. Any legal suit, action, or proceeding arising out of or related to the Agreement will be instituted exclusively in the courts of the Czech Republic, and each of us irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

13.8 Deferral of effect: The effective date of the Sections 5.4. and 5.5. is deferred until 17th of February 2024.

13.9 Effective date: These Terms are effective as of 1.1.2024.