GENERAL TERMS AND CONDITIONS OF USE OF THE APPLICATION

These General terms and conditions of use of the application (hereinafter also "Terms") are part of the Agreement for the use of the Application concluded between You as a user (hereinafter also "You") and Us, Worldee s.r.o., company ID: 08351864, company with registered office at Pobřežní 667/78, 18600 Praha 8 - Karlín, registered in the Commercial Register maintained by the Regional Court in Praha, file number C 420162 (hereinafter also "We").

Our contact email address is: tomas@worldee.com

Where we use capitalised pronouns, e.g. We, You, Us, etc., we mean the party to whom the pronoun refers. Lowercase pronouns, e.g. we, us, refer to both sides at once.

1.              INTRODUCTORY PROVISIONS

1.1.         You know Us because We operate an application called Worldee, available as a mobile application for download on the GooglePlay and AppStore distribution platforms, as well as a web application accessible at https://www.worldee.com (hereinafter also "App").

1.2.         To use the App, You must first click on the appropriate checkbox to agree to these Terms. Please read these Terms carefully before doing so. By starting to use the App, and at the latest by clicking the consent checkbox, You enter into an agreement with us for the use of the App (hereinafter also "Agreement"). This Agreement includes these Terms and the Privacy Policy available at https://www.worldee.com/doc/privacy-policy.

1.3.         These Terms govern your rights and obligations when using the App. However, You may be looking for some of the other terms and conditions listed below. However, the terms listed below in this paragraph are not part of this Agreement, they are separate terms governing different rights and obligations:

a)              "Terms and conditions for Worldee trips" governing the relationship between Us as an agent or travel agency and You as a customer of a travel agency. They are available at: https://www.worldee.com/doc/ck_terms_en.pdf[1] 

b)              "Terms and conditions of Travel Buddies services" governing the relationship between Us and Travel Buddies, i.e. the users of the App who cooperate with Us to arrange trips by providing travel services. They are available at https://www.worldee.com/doc/travelbuddy_terms_en.pdf.  

2.              TERMS OF USE OF THE APP

2.1.         To use all the features of the App, You must first create a user account. You can create a user account by completing and submitting the registration form on the App. Alternatively, You can create a user account by linking the App to your Facebook, Google or Apple user account.

2.2.         When creating a user account, You must provide all the required information correctly and truthfully, as We will rely on its accuracy and truthfulness. Please update them without undue delay if they change.

2.3.         Remember to keep your user account credentials confidential and protect them from misuse by third parties. If You suspect that Your user account credentials have been stolen or misused, take immediate action. For example, change the access credentials.

2.4.         You must inform any person to whom You provide access to the App or your user account about the usage rules stated in this article of the Terms. You are personally responsible for any breach of the Agreement by anyone to whom You provide access to the App or your user account, as if You had breached the Agreement yourself.

2.5.         Do You know what we consider to be the most important terms of use for the App? In particular, You must not:

a)              violate the security measures of the App or launch any other type of attack on the App, in particular to insert malware (computer viruses, Trojan horses, ransomware, etc.) or other harmful content or code into the App, to damage, block, disrupt or overload the App (e.g. by scripting) or to modify, block or bypass any process built into the system;

b)              remove or use any part of the App (including any databases contained therein) or data obtained therefrom for the purpose of inserting such data into any other database ("screen scraping") and, if We provide You with any API, not attempt to bypass the mechanisms of the provided API;

c)              use the App to conduct or share content that violates the Terms or other conditions related to the use of the Services, or if it is illegal, misleading, discriminatory or fraudulent, violate the rights of others, including but not limited to their intellectual property rights and personality rights, or could create a sense of danger (such as expressions that threaten, intimidate, exclude, or silence others), disrespect the dignity of others, harass or demean, or be considered unsolicited, inappropriate, or intrusive advertising, particularly by offering products or services unrelated to the purpose of the App;

d)              copy or further use Our trademarks or publish any false information about Us, the App or any Service, as well as truthful information that is misleading under the circumstances of the disclosure;

e)              disclose, share or resell any login credentials obtained in connection with the Agreement;

f)               use the App in a manner other than in the usual way, in particular in a way that is not foreseen in the description of the Services on our website or that could harm Us or is competitive with Us; or

g)              use the Service in any manner that violates legal regulations.

2.6.         For the App to function smoothly, it must be used on a device that meets the minimum system requirements. For the mobile App, these requirements are listed on the relevant page in the AppStore (for iOS devices) and Google Play (for Android devices), and we reserve the right to change these requirements at any time. Additionally, your device must be connected to the internet.

2.7.         By creating a user account, We grant You access to the App and a non-exclusive right to use the Web App on a regular basis and a non-exclusive license to use the Mobile App on a regular basis. You may not assign, sublicense or otherwise provide your authorization or license to third parties in any manner other than as expressly permitted in these Terms. We will not provide You with copies of the source code of the App. Nor may You attempt to discover, obtain, decompile or use the source code to modify the App, etc.

2.8.         All intellectual property rights (in particular, copyright and special rights of the database creator) to the App remain Ours. You do not acquire any intellectual property rights in the App or any other materials We provide to You.

2.9.         The App contains third-party components. A list of these, along with the applicable licensing terms, is available at https://www.worldee.com/doc/licenseReport.json.

2.10.      The rules set out in these Terms are not just for fun. We care deeply about the proper functioning of the App and the satisfaction of Our community, therefore, if You violate any provision of these Terms, We may delete Your User Account and prohibit Your use of the Services without refund.

3.              Our Services

3.1.         We provide the App as a service, through which You can, free of charge:

a)              Use a travel diary. This means You can save (within the 10GB storage size) and plan trips, upload photos, videos, text, maps and other information to create an itinerary (hereinafter also "Itinerary"); and

b)              follow other users and get inspiration for your trips. If You wish, You may also use the free Itineraries of other users as a basis for creating Your own Itinerary.

a)                                                                                                                                (together hereinafter referred to as the "Free Services")

3.2.         In the App You may also encounter premium services. These include, for example, the ability to customize the colour of the world map and visited countries on Your user profile; an increase in cloud storage capacity to 100 GB; marking Your user account with a premium badge; or the ability to share the world map on Your own website (hereinafter also "Premium Services") (Free Services and Premium Services together hereinafter also referred to as "Services"). We will grant You access to Premium Services after payment; the current price list for Premium Services is available in the App. However, we may individually agree to provide You with Premium Services free of charge, at a discounted rate, or based on a voucher. Prices are inclusive of VAT, which will be charged to You in accordance with legal regulations, and You agree to pay it.

3.3.         Information about the exact scope of Premium Services is provided directly in the App. However, such information is for informational purposes only and does not constitute an offer by Us to provide Premium Services, nor are We obligated to provide Premium Services to You. The provisions of Section 1732(2) of Act No. 89/2012 Coll., the Civil Code, as amended, shall not apply.

3.4.         If this option is available in the App (we may, at Our discretion, disable it at any time and cease offering Premium Services), You may order Premium Services by completing and submitting the relevant form in the App. Before submitting the form, You can review and modify the information You have entered, including the ability to identify and correct any errors made when entering data into the form. You submit the form by clicking the appropriate button in the App. By submitting the form, You consent to the use of remote communication means. The information provided in the form will be considered correct.

1.2. Subscriptions and payments

3.5.         Order binding payment. Ordering Premium Services obligates You to pay the fee. This means that by ordering Premium Services You agree to pay the applicable price for the Premium Services.

3.6.         Payment methods. We accept payments for Premium Services via the purchasing system of any of the Store Operators as defined below in these Terms. Please note that making payments through these payment methods is subject to separate terms and conditions.

3.7.         Subscription commencement. By paying the price for the provision of the Premium Services, You expressly request Us to make the Premium Services available to You before the expiration of the withdraw period. We will commence the provision of the Premium Services as soon as We confirm Your order in writing. We will confirm your order by sending You an email to your address generally at the time of payment. We will provide the Premium Services to You for a subscription period which, unless we agree otherwise in writing, is 1 year from the commencement of the Premium Services.

3.8.         Automatic renewal. You agree that the payment provider will deduct the subscription fee for the respective subscription period from Your registered payment method on the first day of each subscription period. If the registered payment method becomes invalid due to card expiration or a similar reason, and the payment provider cannot deduct the fee for the next subscription period, You will not have access to the Premium Services until You update Your payment method to allow for the payment. If possible, We will inform You in such a case. If You do not update the payment method within 5 days of the failed payment, We may cancel your subscription.

3.9.         Subscription cancellation. You may cancel your subscription at any time 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. You can cancel your subscription in the appropriate section of the App. After the subscription period has ended, or if the provision of Premium Services is terminated early, We will stop providing You with Premium Services. In connection with this, We may delete all Your data stored in the App at the time of termination that exceeds the storage limit provided within the scope of Free Services.

4.              VERIFICATION OF ITINERARY

4.1.         The more interesting the Itinerary, the better! So if You create an Itinerary that You think has potential, You can submit it for verification. You can do this by clicking on the "Submit for Verification" button in the App. We also search for interesting Itineraries on Our own. Therefore, if We discover an interesting Itinerary created by You, We may contact You to propose its verification.

4.2.         By requesting Us to verify Your Itinerary, You also declare that all the information contained therein is current and correct. For example, if your Itinerary lists a hotel for accommodation, attractions to visit, experiences to purchase, or means of transport, You guarantee that these are currently operational and can be used as You have specified.

4.3.         We already have a lot of itineraries in the App, so We only verify the very best. So please keep in mind that in order to verify your Itinerary:

a)       it must meet all the requirements for a verified Itinerary as stated on the "Verified Itineraries" page here https://www.worldee.com/page/verified-itineraries. A sample Itinerary, which we consider to be a quality standard and which we would be happy for You to use as inspiration for your own Itineraries, can be found for example here https://www.worldee.com/trip/detail?tripId=175467#itinerary, and

b)       We'll need your help from time to time. If necessary, We may ask You for further information about the Itinerary. This includes providing an estimate of the cost of the various tourism services that will be needed during the trip (such as hotel prices, transportation, ticket, etc.).

4.4.         If We like Your Itinerary, We will usually verify it within 3 days of Your request. However, it may happen that We are busy, in which case it will take longer. Once Your Itinerary is verified, You will be notified via email sent to your email address and through a mobile notification.

5.              User CONTENT

5.1.         Photographs, videos, text and other content (hereinafter also "Content") uploaded or otherwise published by You through the App (for example, as part of creating an Itinerary) may be protected by copyright or other intellectual property rights. These rights remain Yours and We do not take them away in any way. However, in order for Us to operate the App with Your Content and to organise trips, We need permission from You to use it. Therefore, by uploading or otherwise publishing Content on the App, You grant Us a free, non-exclusive, territorial and quantitatively unlimited license to use such Content for the duration of the proprietary rights. We may use the Content in any manner in connection with the operation of the App and the sale of trips. In simple terms, these permissions mean that if You share, for example, a photo on the App, You give Us permission to store, copy and share it with others.

5.2.         You further agree that We may use the Content for Our marketing, promotional and sales purposes, including but not limited to sharing it on social and other networks, using it on Our blog and in promotional materials. For this purpose, We may reproduce, distribute, disseminate and communicate the Content to the public. You agree to allow Us to edit, process and translate the Content, create derivative works from it and include it in a collective work. We may assign or sublicense all of these rights. If We deem it appropriate, We will provide a link to Your profile on the App and Your username for Content used for Our marketing and promotional purposes. It may be that We like Your Content so much that We want to arrange a trip based on it. In such cases, You agree that We may use Your Content as a basis for the organisation and trip selling, in its original or modified form, in whole (in the form of an Itinerary) or in part, without any remuneration or sales commission to You arising therefrom.

5.3.         By uploading or otherwise posting Content on the App, You declare that You are authorized to do so, that You may grant Us the licenses as per the previous sections, and that neither the uploading nor posting of the Content nor its subsequent use in accordance with the license granted by Us, does not infringe upon the rights of third parties or legal regulations. This is because only You know the origin of the Content, whether You are actual author of the Content, You are authorized to share it and whether its publication could violate the rights of third parties.

5.4.         On the other hand, We take passive and neutral approach to the Content. This means that We do not review or edit your Content or the Content of other users and We are not responsible for its potential harmfulness. Furthermore, We are not liable for its completeness, accuracy or truthfulness. We are also not responsible for any other unlawful actions You may commit through the App, especially any violations of personal rights or intellectual property rights of third parties by You. We do not use any special tools or algorithm-based decision-making to moderate Content.

5.5.         We will accept any notices that contain information about the appearance of Content within the App that You consider to be illegal (hereinafter also "Notices"). Anyone can send a Notice to Us at Our contact email address set out at the beginning of the Terms. We allow a Notice to include at least the following information:

a)       a sufficiently substantiated explanation of the reason why You claim that the Content in question is illegal,

b)       an unambiguous indication of the exact electronic location of the Content, such as the exact URL, and, if necessary, additional information to identify the illegal Content depending on its type,

c)       the name of the person submitting the Notice and their email address, except You are reporting Content that You believe constitutes an offence under Articles 3 to 7 of Directive 2011/93/EU,

d)       a statement confirming that the person or person submitting the Notice has a good faith belief that the information and claims contained in the Notice are accurate and complete.

5.6.         If the Notice contains the electronic contact information of the person submitting it, We will send them a confirmation of receipt without undue delay. We will also inform them without undue delay of our decision regarding the information in the Notice and provide information on the available remedies related to this decision. If We become aware of illegal activity, illegal Content, or Content incompatible with the Terms, we may take steps to remove it or block access to it. Alternatively, We may impose restrictions on a user by assigning the Content a lower search ranking, suspending, terminating or otherwise limiting monetary payments, suspending or terminating the Service to such user, or suspending or terminating the user's account. In such cases, We will provide all affected users with a clear and specific justification for the restriction. However, if We determine that the Content complies with the legal regulations and Terms, We may also decide not to take action against the Content.

5.7.         If You frequently provide clearly illegal content, We may suspend Our services and access to the App for a reasonable period of time and upon notice to You. Furthermore, if You frequently submit clearly unfounded Notices and complaints, We may, after issuing prior notice, suspend the processing of Notices and complaints. In making these decisions, We will consider the number of items of clearly illegal Content or clearly unfounded Notices or complaints submitted in a particular period, their proportion in relation to the total number of information or Notices, the severity of the misuse, the nature of the illegal Content, the consequences of such misuse, and the intent of the recipient of the service, person, entity or complainant, if inferable.

6.              Complaints

6.1.         If any defect occurs while using the Services, please report it to Us via email sent to the contact address provided at the beginning of the Terms. However, We provide the Free Services to You free of charge. Therefore, We cannot promise You anything more than Our "best efforts" in relation to their proper functioning. This means that We provide and You accept the Free Services "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.

6.2.         We have mutually agreed to exclude all of our liability regarding the proper functioning of the Free Services, especially liability for defects and any downtime, malfunctions, data storage or processing errors, or unavailability. We do not guarantee any availability of the Free Services, response time or time to resolve any defect that occurs in the use of the Free Services.

6.3.         If We provide Premium Services to You, You may exercise Your rights as a consumer for defective performance of the Premium Service within twenty-four months of the date of commencement of the Premium Service. You may exercise your rights under the defective performance by sending a claim by letter to Our registered office, electronically by email sent to Our contact address set out at the beginning of the Terms or in person at Our registered office. The moment of filing a claim shall be deemed to be the moment of receipt of the claim in any of the above described possible forms. The claim will be decided without undue delay, in complex cases within three working days. This time limit does not include the time reasonable according to the type of Premium Service required for a professional assessment of the defect. Complaints, including the removal of the defect, will be settled without undue delay, at the latest within 30 days from the date of the complaint, unless a longer period is agreed between us. We will inform You of the settlement of the claim.

6.4.         The complaint must contain at least a description of the defects and the requested method of resolution. The requested method of resolving the complaint may be a reasonable reduction in the price of the Premium Services, provision of missing elements, or a repair. If the defect cannot be rectified and the Premium Services cannot be properly used because of the defect, You may withdraw from the provision of the Premium Services or request a reasonable discount from the price of the Premium Services. If the duration of the interruption in the provision of Premium Services exceeds 24 hours, we may agree to extend the duration of the provision of Premium Services for at least the period of time that the interruption in the provision of Premium Services lasted. Again, however, please note that a claim cannot be made in relation to the Free Services.

6.5.         The service is dependent on third-party devices and services (for example, internet service providers, cloud services such as Digital Ocean and Wasabi, or Bunny for photo compression). We cannot control the availability or quality of these third party facilities and services. During their failure or downtime, the Services may be temporarily unavailable without entitling You to any compensation.

6.6.         If You are not a consumer, Your rights for defective performance are governed by the applicable legal regulations.

7.              Legal liability

7.1.         If You upload defective Content to the App, You may cause Us harm. Therefore, You agree to indemnify, compensate and protect Us as well as Our affiliates, directors, employees, agents and subcontractors against any damages, expenses, penalties, fines and legal representation costs arising from any claims related to:

a)              any statement You make under the Terms proving to be false,

b)              Your infringement of third-party intellectual property rights,

c)              any other violation of the Agreement or legal regulations by You.

7.2.         You agree to prevent any of the above claims from being asserted against Us. You further undertake, at Our request, to conduct out-of-court negotiations with a third party at Your own expense and to defend Us in any court, arbitration or other proceedings against the above claims. You must not agree to any settlement of the above claims without first obtaining Our written consent.

7.3.         The provisions of this section do not apply if You are a consumer with respect to us. To the maximum extent permitted by applicable legal regulations, we bear no liability for indirect damages or losses. In particular, You are not entitled to compensation for lost profits arising in connection with our breach of the Agreement. We are not liable for the loss, damage, or disclosure of data stored on cloud service providers' servers. The maximum liability of each of us towards the other, in total for all claims made, if such liability is not excluded, may not exceed the amount paid by You for Premium Services in the year immediately preceding the claim, or 1,000 EUR, whichever amount is lower. We expressly waive the right to compensation under this section.

7.4.         The limitation of liability does not apply to damage caused intentionally or through gross negligence, damage caused to the other party's natural rights, the parties' obligations to pay the price for the provision of the Services and the obligation to indemnify under this article.

8.              PROVISIONS required by the store operator

8.1.         The App can be downloaded through the Google Play online store operated by Google LLC and through the AppStore online store operated by Apple Inc (together hereinafter referred to as the "Store Operators"). However, the Terms only apply to the relationship between You, as the user, and Us, as the operator of the App. Conversely, they do not apply to the relationship with the Store Operators. We are solely responsible for the App; the Store Operators are not responsible for the App or the Content. In the event of a conflict between a provision of the Terms and a provision of the Store Operators' terms and conditions (such as the Apple Media Services Terms and Conditions) that cannot be waived, the provisions of the Store Operators' terms and conditions shall apply.

8.2.         If You download the App from the AppStore, You may only use the App on Apple-branded devices that You own or control or through accounts linked by Family Sharing to the account from which You downloaded the App. In doing so, You must comply with the Terms of Use set forth in the Apple Media Services Terms and Conditions.

8.3.         If We agree to provide any support and maintenance services for the App, We will be the sole provider of such support. You agree with Us that the Store Operators have no obligation to provide any support and maintenance services in relation to the App. To the extent that We have not excluded any warranty, whether arising by law or the Terms, We will only provide You with a warranty. If any warranty is breached, You may contact the Store Operator, who may refund the price of Your download of the App (if You downloaded it for a fee). However, the Store Operators shall have no obligation to settle any of Your 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, are solely responsible for settling Your claims relating to the App and/or use of the App, including but not limited to claims arising out of product liability, product defects, damages caused by defects, or failure to comply with legal requirements, whether they relate to personal data, consumer rights, or any other similar area, including the HealthKit and HomeKit legal framework.

8.4.         If a third party claims that the App or Your use of the App infringes its intellectual property rights, You and We will be solely responsible for investigating, defending, prosecuting and settling such claim. You will reimburse Us for any damage and costs incurred as a result of such a claim, upon Our request.

8.5.         You declare that You are not located in a country embargoed by the U.S. government or designated by the U.S. government as a "terrorist supporting" country; nor are You listed on any U.S. government "banned or restricted parties" list.

8.6.         You must comply with the applicable third party terms and conditions (such as those of your internet provider) when using the App. The Store operators and their affiliates are third party beneficiaries under these Terms and have the right to enforce the Terms against You.

9.              DATA PROTECTION

9.1.         Your personal data will be processed when You use the Services. In order to avoid unnecessarily extending the Terms, You can find all information about this processing in our Privacy Policy available at https://www.worldee.com/doc/privacy-policy.

10.           TERMINATION OF THE AGREEMENT AND SERVICE CESSATION

10.1.      If for any reason You wish to stop using the Services and terminate the Agreement, You may do so at any time without further notice. However, unless otherwise expressly provided in the Terms, You may not unilaterally terminate the provision of Premium Services (for example, by resignation or termination, etc.) unless such a prohibition conflicts with mandatory legal provisions.

10.2.      If You are a consumer, You may withdraw from the provision of Premium Services without giving any reason within fourteen days from the date of commencement of their provision by sending a written withdrawal to Our business address U Soutoku 1159/3, 779 00 Olomouc or to Our contact e-mail address. You may, but are not obliged to, use the sample withdrawal form below for this purpose. In order to meet the fourteen-day deadline, it is sufficient if the withdrawal is at least sent before the expiry of this deadline. We will confirm receipt of the written notification to your email address.

1.3. Example of a withdrawal form:

1.4. To: Worldee s.r.o., ID No.: 08351864, with registered office at Pobřežní 667/78, 18600 Praha 8 - Karlín, delivery address: Pobřežní 667/78, 18600 Praha 8 - Karlín

1.5. I hereby notify that I am withdrawing from the provision of the following services:

1.6. My name:

1.7. My address:

1.8. Description of services:

1.9. Signature:

1.10.Date:

10.3.      We will refund the price for the Premium Services to the bank account from which the Premium Services were paid, or to another account provided by You, within 14 days from the date of receipt of the withdrawal. However, if You withdraw from the Premium Services after We have begun providing them at Your explicit request before the withdrawal period expires, You must pay us a pro-rated amount for the Premium Services provided until the withdrawal date. This pro-rated amount will be calculated as the daily price for Premium Services (i.e., the total price divided by the number of days for which the Premium Services were purchased) multiplied by the number of days the Premium Services were provided (hereinafter also "Pro-rated amount"). We may offset Your refund entitlement with Our claim for the Pro-rated payment, and the remaining balance will be refunded within 14 days from withdrawal to the original or an alternate account You provide. You may not withdraw from the provision of Premium Services if the Premium Services have already been fully performed with Your prior express consent before the withdrawal period expires.

10.4.      We may terminate the Agreement or only the provision of Premium Services by withdrawal in case of a material breach of the Agreement by You, which we define primarily as:

a)              a delay in payment of any amount billed by Us for more than 10 days;

b)              use of the Service in violation of this Agreement with no rectification of the breach even after a notice with a minimum 10-day correction period;

c)              breach of any provision of Article 2.

10.5.      We may also terminate the Agreement or the provision of Premium Services only without giving any reason with immediate effect. In such case, We will refund to You a proportionate part of the price for the Premium Services, paragraph 10.3 of the Terms applies similarly.

10.6.      Termination of the Agreement for any reason does not affect the rights and obligations which by their nature are intended to survive termination, in particular liquidated damages, limitations of liability and indemnification obligations. Further, unless otherwise expressly provided in the Terms, termination of the Agreement shall not affect Your obligation to pay any amounts billed or give rise to a claim for reimbursement of any amounts already paid, including but not limited to the price for the provision of Premium Services, unless such prohibition is contrary to mandatory provisions of law.

10.7.      All notices regarding termination of Premium Services must be made in writing.

11.           FINAL PROVISIONS

11.1.      The Agreement is concluded by remote means via the App, and You are responsible for any costs incurred from using remote communication means (if any arise). The Agreement can only be concluded in Czech or English. While we do not expect this to happen, in the event of a conflict between the Czech and English versions, the Czech version shall prevail.

11.2.      Before concluding the Agreement and placing an order for the provision of Premium Services, You may correct, change, or supplement the information provided when creating Your user account. The Agreement, including these Terms, is archived in electronic form, and at your written request, We will send it to Your email address. We consider an exchange of email messages with a simple electronic signature as a written form.

11.3.      I'm sure You've always wanted to know what the salvatory clause is. Well, here it is: The invalidity, ineffectiveness, apparent invalidity or unenforceability of any part of the Terms or the Agreement shall not affect the remaining parts thereof. We jointly agree to replace any invalid, ineffective, apparent or unenforceable portion with a valid, effective, non-apparent and enforceable portion of equal commercial and legal significance within 14 days of receiving a request from the other.

11.4.      The Agreement, including these Terms, and all our rights and obligations arising from the Agreement or in connection with it or its termination, shall be governed by the law of the Czech Republic. Any dispute arising from the Agreement, in connection with it, or its termination shall be resolved by the competent court of the Czech Republic with relevant jurisdiction.

11.5.      In the event that a consumer dispute arises between us that cannot be resolved by mutual agreement, You may submit a proposal for an out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, website: adr.coi.cz. You may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr.

11.6.      We may unilaterally change the Terms and any other attachments that are part of the Agreement. Furthermore, we reserve the right (unless it is a change caused by changes in legal regulations or third parties) to change payment terms, conditions for using the Service, communication provisions, legal liability, and other provisions of the Terms once a calendar year. Any changes will be communicated to You by sending an email or through the App. If You do not refuse the change within one (1) month from the date of sending the notification, You accept the change. If You refuse the change within the specified period, the existing conditions remain in effect, and we may terminate the Agreement or only the provision of Premium Services with a notice period ending on the last day of the above-mentioned period, during which the last agreed Terms apply.

11.7.      Unless we agree otherwise in writing, You may not offset or assign any receivables You have against Us. This is to ensure clarity about who owes what to whom.