Terms of use

Effective Date: May 1, 2026

These General Terms and Conditions (hereinafter referred to as the “Terms”) describe your rights and obligations when using the CarFace mobile and/or web software platform, related software, and other associated Services offered by the Operator (or its successors or assignees).

If you are a Registered User, these Terms govern your access to and use of our Services. These Terms (or, where applicable, your written agreement with us), along with any order form and all documents referenced therein, constitute the “Agreement” between the Registered User and the Operator (hereinafter referred to as the “Agreement”).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION OR ITS SERVICES (AS DESCRIBED BELOW).

If, as a Registered User, you subscribe to the Services (Subscription), access or use them, invite users to use them, or use or permit their use after being informed of changes to these Terms, you confirm that you understand and agree to the current version of the Terms on behalf of the Registered User. Before proceeding, please ensure that you have the necessary authority to enter into the Agreement on behalf of the Registered User.

Operator
1. The Operator of the Application (as defined below) is the company CarFace s.r.o., with its registered office at Příkop 843/4, Zábrdovice, 602 00 Brno, Company ID: 198 69 126, registered under file number C 136429 at the Regional Court in Brno (hereinafter referred to as the “Operator”).
Aplikácia
1. The Operator is, among other things, the owner and operator of:
  - the CarFace.app mobile application for iPhone/Android; and the related
  - web interface carface.app (hereinafter collectively referred to as the “Application” in the singular),
  For the avoidance of doubt, the term Application refers to any of its parts, the content presented on it, and/or the Services provided through it, etc.
2. The content of the Services (as defined below) and the Application itself are protected by applicable copyright laws. Its content includes information related to the Operator, its activities, and the Operator’s Services and/or products.
Specification of Services
1. Through the Application, the Operator provides Registered Users and Authorized Users with paid Services to the extent of the Subscription purchased by the Registered User.
2. The Application utilizes a proprietary AI model designed primarily for car dealers, but also for other individuals, providing a digital solution that enables the uploading, editing, and exporting of vehicle photos using artificial intelligence through a mobile application and web interface.
3. The main functionalities of the Services include:
  1. The Operator provides paid Services to Registered Users and Authorized Users through the Application, to the extent of the Subscription purchased by the Registered User.
  2. Subsequent processing of the photo after capture according to predefined configurations (presets) as follows:
    1. Automated cropping of the vehicle from the exterior photo and subsequent placement/insertion of the exterior photo of the vehicle onto a selected background, specifically onto:
      - predefined backgrounds (the Application provides various public 3D and 2D backgrounds);
      - a background of a specific color;
      - a transparent background; or
      - a custom background created upon the request of the Registered User for an additional fee agreed upon in advance.
    2. Editing of the license plate on the exterior photo of the vehicle:
      - overlaying it with a custom logo,
      - color fill, or
      - blurring.
    3. Editing of the windows on the exterior photo of the vehicle:
      - blurring them, or
      - making them opaque..
    4. Editing of the interior photo of the vehicle to the extent of window editing.
  3. The option to view low-resolution previews without using Credits. The number of previews may be limited according to the currently applicable rules (e.g., a maximum of 3 previews per photo).
  4. Complete fleet records, i.e., the option to fill in detailed information for each of your vehicles.
  5. An overview of costs per individual vehicle, i.e., the option to record costs invested in a vehicle (e.g., until the time of its sale) via the manual addition of relevant data.
  6. Generation of price quotes in .pdf format.
  7. Advertising on online marketplaces, i.e., the option to publish vehicle advertisements via the Application on selected third-party online marketplaces and advertising portals (e.g., autobazar.eu, autobazar.sk, mobile.de, and others) through automated integration between the Application and selected online marketplaces. The Operator reserves the right to continuously expand, modify, or change the list of supported marketplaces. A prerequisite for using this functionality is that the User has an established account on the respective online marketplace, which in many cases is a paid service provided by a third party. Fees charged by online marketplace operators for account creation, publication, or management of advertisements are not included in the Application's Subscription price, and the Operator is not liable for these. The User shall pay all third-party service fees directly to the respective marketplace operator in accordance with their own terms and conditions and pricing policy. The Provider bears no responsibility for the pricing, service availability, changes in terms, or functionality of third-party marketplaces.
  8. Business Locations, i.e., the Application allows the User to create and manage one or more locations (branches) and assign individual vehicles to specific locations. This functionality serves primarily to provide clearer records and management of vehicles in cases where the User operates multiple branches or points of sale. The scope of the 'Business Locations' functionality, including the maximum number of locations, may be tied to a specific Subscription type or service package according to the Operator's currently valid price list.
  9. Data Storage. As part of the Subscription, the User is provided with virtual storage space for storing data on external storage. The storage capacity is fixed according to the selected Subscription and is specified in the Operator's current Price List (e.g., 10 GB / 30 GB / 100 GB). Storage is provided exclusively through third-party services. In the event that the storage capacity is exceeded, the User's ability to upload additional files may be restricted until space is cleared or the Subscription is changed.
4. The Services are accessible through the mobile application (iOS, Android) and the web interface.
Binding Nature of the Terms
1. These Terms govern the rights and obligations of persons using the Application and/or utilizing the Services, any part thereof, or the content and/or Services presented therein, particularly persons acting in the legal capacity of a Registered User and/or Authorized User (hereinafter referred to as the “User”), as well as the rights and obligations of the Operator. By accessing and/or using the Application and/or its Services, the User agrees to these Terms, accepts their content, and undertakes to comply with them. The User declares that, before accessing the Application and using its Services, they have explicitly familiarized themselves with the terms of their provision as set out in these Terms.
2. In the event of a breach of any provision of these Terms by the User, the Operator is entitled to apply the measures specified in these Terms and/or other measures and procedures permitted by the applicable legal regulations.
3. The Operator reserves the right to unilaterally modify these Terms at any time. The User will be informed of any changes in an appropriate manner, usually through the Application or by email.
4. These Terms form an integral part of every contract, framework agreement, order, confirmed quotation, or any other document concluded between the Operator and the User, the subject of which is the provision of Services by the Operator.
5. These Terms are also considered binding in cases where the Agreement explicitly refers to them, as well as in cases where the User approves them by confirming an order, activating a Service Subscription, or using the Operator’s Services. In the event of a conflict between these Terms and individually agreed terms in a specific agreement, the provisions of such agreement shall take precedence.
Privacy and Personal Data Protection Policy
1. By using the Services, the User acknowledges and agrees that their personal data will be collected, used, and disclosed in accordance with the Privacy Policy available on the website carface.app. The Operator cannot guarantee that unauthorized third parties will never be able to overcome security measures or use Users’ personal data for improper purposes. The User acknowledges that they provide their personal data at their own risk.
Registered User, Authorized User, and User Account
1. Registered User. A Registered User is a natural person – entrepreneur, or a business entity represented by a natural person who has a legal relationship with the company they represent, and who has registered with the Operator through the registration form in the Application or via another registration method permitted by the Operator (hereinafter individually referred to as a “Registered User” or collectively as “Registered Users”). A natural person – consumer is not considered a Registered User.
2. User Account. The Operator maintains a User Account (hereinafter referred to as the “User Account”) for the Registered User. By registering on behalf of a business entity or another organization, the individual creating the User Account represents and warrants that they have all rights, authority, and authorization to bind such entity or organization to these Terms. If the User Account is registered using a corporate email domain or otherwise subscribes to the Services on behalf of a business entity or organization, the Registered User is the business entity or organization on whose behalf the individual registered.
3. Authorized User. Each User Account created by a Registered User may be assigned additional authorized individuals (hereinafter individually referred to as an “Authorized User” or collectively as “Authorized Users”) who are permitted to use the Application and its Services on behalf of and for the account of the Registered User, within the scope of the currently active Subscription of that Registered User. Authorized Users act within the Application and use its Services solely on behalf of and for the account of the Registered User, who is responsible for all actions and activities of these individuals, including credit usage, configurations, and data handling. The number of Authorized Users that can be assigned to a single User Account is limited according to the selected package as specified in the Price List. The Registered User is responsible for ensuring that Authorized Users use the Application and its Services in accordance with these Terms. Any violation of the Terms by an Authorized User shall be considered a violation by the Registered User. The Services are not intended for individuals under the age of 18 and should not be used by them. The Registered User must ensure that all Authorized Users are over 18 years of age.
4. The Application and its Services are accessible to the Registered User and their selected Authorized Users, to the extent and under the conditions determined by the Operator and within the scope of the purchased Subscription.
5. Non-transferability of credentials. Access credentials to individual User Accounts are non-transferable. Sharing access between multiple individuals is prohibited and may result in the suspension or termination of the Service without the possibility to use remaining credits. This does not affect the Operator’s right to claim damages or enforce payment of a contractual penalty.
6. Information obligation of the Registered User. The Registered User is obligated to inform Authorized Users about these Terms of use of the Application and its Services. All provisions of these Terms that apply to the Registered User also apply to the Authorized Users, and vice versa. The Registered User must comply with the Terms and ensure that their Authorized Users comply with them as well.
Registration, registration conditions, and cancellation thereof
1. The method and form of registration are governed by these Terms and the Application.
2. A User becomes a Registered User by completing and submitting the appropriate registration form in the Application. In the registration form, the User provides the following:
  1. mandatory information:
    - business name/company name
    - Company/entrepreneur identification number (IČO)
    - e-mail
    - password
  2. optional information:
    - phone number
3. By registering or paying for a Subscription to a selected Service package, the Registered User confirms that they agree to these Terms and acknowledge the Privacy Policy. The Registered User confirms this by checking the relevant box in the registration form or by submitting the form.
4. After filling in the required information, the Registered User submits the registration form to the Operator. The registration form cannot be submitted unless all fields marked as mandatory in the form are completed and, where applicable, any other registration conditions set by the Operator in the Application are met.
5. By submitting the registration form, the Registered User agrees to these Terms and expressly confirms that:
  1. they have provided current, accurate, and complete information about themselves during registration in accordance with the Operator’s requirements, and that they have not violated personal data protection laws by providing information belonging to another person (including using someone else’s email address or other data);
  2. The Operator is not liable for any damages caused to the User of the Services as a result of events beyond its reasonable control, including actions by third parties.
  3. The Operator is entitled to verify (validate) the accuracy of the information provided by individual Registered Users, either through a confirmation email and/or by another appropriate method.
  4. The Operator is also entitled to identify the Registered User if required by law enforcement authorities or if such identification is necessary under applicable legal regulations.
6. The Operator maintains a User Account for the Registered User.
7. The Registered User and Authorized User are required to protect their user credentials (especially username (email)/password) from misuse and not to share or disclose them to any third party.
8. The Registered User is allowed to create only one User Account. Creating multiple User Accounts by the same Registered User constitutes a violation of these Terms. The Operator will consider Registered Users to be the same person, in particular, if the same email address is used in more than one User Account.
9. The Operator will delete the User Account within 15 days from the date of receiving the Registered User’s request for cancellation of registration, submitted through the Application or sent to the email address [email protected]. The request is considered delivered/received only if it is sent from the email address associated with the User Account at the time the request is submitted.
10. The Operator may delete the User Account of the Registered User:
  1. if the Registered User has not activated a new Service Subscription within 2 years from the end of the last Subscription period;
  2. if the Registered User or any of their designated Authorized Users has violated or is violating these Terms and/or has engaged or is engaging in conduct contrary to good morals and/or that may harm the Operator’s reputation or infringe upon the rights and legitimate interests of the Operator.
11. If the Operator decides to terminate the operation of the Application and the provision of the Services as a whole, it is entitled to delete the User Accounts of all Registered Users as of the date the Services are discontinued. The Registered User will be appropriately informed of this in advance.
12. Upon deletion of the Registered User’s User Account, the active Service Subscription is also terminated. The Registered User acknowledges that by deleting the User Account, they lose access to all features of the Application and its Services, including access to unused credits, stored data, active configurations, and permissions of associated Authorized Users, as well as any further handling of these, unless explicitly agreed otherwise.
13. In the event of the deletion of the User Account or unilateral termination of the use of the Application and its Services by the Operator, the Registered User is not entitled to a refund of any portion of the paid Subscription or to financial compensation for unused credits. Any remaining credits after the deletion of the User Account will be forfeited without compensation, unless explicitly agreed otherwise in writing with the Operator before the deletion of the User Account.
14. If the Registered User discovers that someone has unlawfully used or misused their information related to the registered email address (username) and/or password, they are required to immediately inform the Operator through the contact form provided in the Application or by sending an email to: [email protected].
Access to Services, Credits, Trial Period
1. Registráciu Registrovaného užívateľa a Oprávnených užívateľov do Aplikácie nevzniká ich oprávnenie využívať Služby.
2. Through the Application, the Operator provides Registered Users and their selected Authorized Users with paid Services to the extent of the Service package – Subscription – purchased by the Registered User.
3. The Services according to the selected Service package – Subscription – are made available only to the Registered User or their designated Authorized Users, provided that the Registered User:
  1. has duly registered in the Application and has been assigned a User Account in the Operator’s Application;
  2. has paid the Subscription in the corresponding amount (depending on the relevant Subscription category – Service package).
4. The Services are paid services provided by the Operator during the Subscription period for which the Registered User has paid the applicable fee – the Subscription. The Subscription grants the Registered User and their Authorized Users access to the Services. The Subscription can be obtained through the Application interface.
5. The Subscription period begins at the moment the subscribed Services are made available to the Registered User and lasts for the selected Subscription duration, i.e., one month in the case of a monthly subscription, or one year in the case of an annual subscription.
6. The Operator will make the Services available according to the purchased Subscription (selected Service package) usually without delay after receiving payment for the respective Subscription, but no later than within 24 hours.
7. The provision of Services is based on a credit system, with each selected Service package (Subscription) assigned a specific number of credits. One credit represents the processing of one round of photo editing, including repeated edits, for example:
  - Background editing or background removal – 1 credit
  - License plate editing – 1 credit
  - Window editing (exterior) – 1 credit
  - Window editing (interior) – 1 credit
  etc.
8. The Registered User may choose a package with a specific number of credits according to the Price List.
9. In the case of payment for a twelve (12) month period (annual Subscription), the Registered User purchases the right to the full scope of Services corresponding to the selected package for the entire annual Subscription period. However, the credits allocated under the annual subscription will be made available to the Registered User gradually, in monthly intervals, in equal amounts corresponding to one twelfth (1/12) of the annual credit entitlement. This approach is intended to prevent disproportionate use of Services at the beginning of the subscription period. Credits for the first month of Service use under the annual Subscription will be made available to the Registered User within the period specified in section 8.6 of these Terms, and credits for each subsequent month of the annual Subscription will be made available to the Registered User on the same calendar day of each following month.
10. Credits are transferable and have no monetary value. Unused credits from the Subscription period:
  1. are carried over to the next Subscription period of the Registered User, including repeatedly, if the Registered User continues the Subscription automatically into the next consecutive Subscription period; or
  2. remain available to the Registered User in their User Account for as long as the User Account exists, in the event that the Registered User’s Subscription to which the credits are tied has been cancelled.
    The provisions of the previous sentence do not apply in cases where there are reasons on the part of the Registered User that entitle the Operator to, due to a breach by the Registered User, (i) delete the Registered User’s User Account and/or (ii) cancel or suspend the Registered User’s Subscription. In such cases, the credits are non-transferable, have no monetary value, and expire at the end of the Subscription period.
11. Free trial period. Each new Registered User is entitled to a free trial period of 7 calendar days upon first registration, during which they may use the Services free of charge in a limited scope. During this period, the Registered User will receive 50 credits to test the functionality and quality of the provided Services. These credits are one-time, non-transferable, and may only be used during the trial period. After 7 days, the trial period ends automatically, and further access to the Services is subject to the activation of a paid Subscription.
Subscription, automatic renewal, cancellation of subscription
1. Payment of the Subscription for the selected Service package grants the Registered User and their Authorized Users access to the Services within the scope of the chosen Service package (hereinafter referred to throughout the text as the “Subscription”).
2. By paying the Subscription, an Agreement is formed between the Operator and the Registered User. The validity of the Agreement is automatically extended for the next Subscription period for which the Subscription has been paid by the Registered User, unless otherwise agreed in these Terms.
3. The Operator offers three basic subscription service packages (Starter, Business, Enterprise). The scope of these subscription packages—including their price, number of credits, external storage capacity, configuration limits, and number of users—is specified in the Price List.
4. Subscription prices are listed excluding any taxes, fees, duties, or similar charges of any kind, including but not limited to value-added tax, sales tax, excise tax, or withholding tax, imposed by any jurisdiction (collectively referred to as “Taxes”). The Registered User shall be responsible for paying any applicable Taxes arising in connection with the use of the Services under the Subscription.
5. The Registered User may choose a monthly or annual Subscription (each referred to as a “Subscription period”). When selecting an annual Subscription period, the Registered User receives a discounted price.
6. Automatic renewal. The Subscription automatically renews for another Subscription period equal to the previous one. The price of the automatically renewed Subscription will be the current price, which will be announced in advance by the Operator. By making the first payment for the selected Service package, the Registered User expressly agrees that the subscription payment for each subsequent Subscription period will be made as an automatically recurring payment at the selected interval (monthly or annually), until the Subscription is canceled. The recurring payment will be automatically charged using the payment method provided by the Registered User at the time of the initial payment, on the renewal date of the Subscription for the next Subscription period (see the following section of these Terms).
7. The Operator may, at any time and at its sole discretion, introduce new services for additional fees or add to or change the fees for existing Services – Subscriptions. The Operator will inform the Registered User of any changes to the Services or changes to the Subscription fees at least one month before the change takes effect. If the Registered User does not wish to accept the changes to the Subscription terms, they may cancel the Subscription before the changes come into effect.
8. The Operator is entitled, at any time during the Subscription period, to cancel the Subscription and the associated provision of Services and/or suspend them in relation to the respective Registered User, effective as of the date the decision is communicated to the Registered User:
  1. if the Registered User or their designated Authorized User has violated or is violating these Terms and/or has engaged or is engaging in conduct contrary to good morals and/or that may harm the Operator’s reputation or infringe upon the rights and legitimate interests of the Operator;
  2. if, due to insufficient funds, the payment for the Subscription is not successfully processed through the relevant payment channel at the scheduled time or within a certain period thereafter.
9. The Operator will cancel the Subscription upon a timely request submitted by the Registered User, with effect at the end of the current Subscription period.
  
  THE REGISTERED USER MAY CANCEL THEIR SUBSCRIPTION AT ANY TIME BY NOTIFYING THE OPERATOR AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE BILLING OF THE NEXT SUBSCRIPTION PERIOD. THE SUBSCRIPTION MUST BE CANCELLED BEFORE ITS RENEWAL TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD. If the Registered User cancels their Subscription, the cancellation will take effect at the end of the current Subscription period, and the Registered User will continue to have access to their User Account.
10. Unless otherwise stated in these Terms, by cancelling the Subscription:
  1. there is no entitlement to a refund of paid fees;
  2. the Registered User does not lose the credits already allocated;
  3. nové kredity sa už nepripisujú.
11. If the Registered User chooses a higher Subscription category (i.e., a Subscription with a higher price) during an ongoing Subscription period, the higher Subscription category will be activated at the moment the payment for that higher package is received. From the moment of payment for the higher Subscription, a new Subscription period begins for the Registered User, and from the next Subscription period onward, the Registered User will be charged the full price for the higher Subscription category through recurring payments. By paying for a higher Service package, the Subscription for the lower Service package is automatically canceled as of the end of the current Subscription period for that lower package. Unused credits from the Subscription for the canceled lower package may be used by the Registered User in accordance with the provisions of section 8.10.2 of these Terms.
12. If the Registered User chooses a lower Subscription category (i.e., a Subscription with a lower price) during an ongoing Subscription period, the lower Subscription category will be activated at the moment the payment for that lower package is received. From the moment of payment for the lower Subscription, a new Subscription period begins for the Registered User, and from the next Subscription period onward, the Registered User will be charged the full price for the lower Subscription category through recurring payments. By paying for a lower Service package, the Subscription for the higher Service package is automatically canceled as of the end of the current Subscription period for that higher package. Unused credits from the Subscription for the canceled higher package may be used by the Registered User in accordance with the provisions of section 8.10.2 of these Terms.
13. Sharing payments for a Subscription between multiple natural or legal persons (e.g., through applications or platforms such as Spliiit, Sharesub, etc.) is prohibited. Sharing payments for a Subscription between multiple individuals or entities is considered a violation of these Terms.
Billing Policy
1. Billing period. The Subscription fee will be charged to the Registered User’s payment method on the specific payment date. The length of the billing period will depend on the type of Subscription selected by the Registered User. In some cases, the payment date may change, for example, if the chosen payment method is unable to cover the cost of the selected Subscription.
2. Payment methods. The Subscription can be paid via a payment gateway. To process payments made in connection with the Subscription, the Operator uses the payment processor Stripe (https://stripe.com/en-gb-fr/legal/ssa). Information on how the payment processor collects and uses personal data can be found in its privacy policy available on its website. The payment must be accepted by the payment processor and must be made using one of the payment methods accepted by the processor. The Operator does not view or store complete credit card information or other payment method details. For all payments, the payment processor collects your payment method details and charges the payment using the selected method until the Registered User cancels their Subscription.
3. Billing. Invoices will be issued each time a payment is charged to the card provided by the Registered User. The Operator is a Czech legal entity and a VAT payer.
4. The Registered User declares and warrants that:
  1. the information about the account and payment method provided to the Operator or the payment processor is true, accurate, and complete;
  2. they are duly authorized to use such a payment method;
  3. they will pay all fees incurred in connection with the Subscription and related Services, including all applicable Taxes;
  4. except for Authorized Users, they will not allow anyone else to use the Subscription;
  5. they will not transfer their Subscription or password to anyone else;
  6. they will report to the Operator any unauthorized or prohibited access to or use of the Subscription or user password.
5. The Registered User is responsible for ensuring that sufficient funds are available on the selected payment method on the Subscription renewal date. In the event of a failed payment, the Operator reserves the right to retry the payment and/or suspend or cancel the provision of Services under the Subscription.
6. The Operator is not responsible for any unauthorized use of a credit card, debit card, or other payment method by a third party in connection with payments made by the Registered User for the use of the Services or Subscription.
7. The Operator reserves the right to change the method of Subscription payment and its amount based on the technical and operational needs or capabilities of the Operator.
Authorized use of the Application and Services
1. The User is entitled to use the Application and the related Services in accordance with these Terms. In the case of any use other than that stated in the previous sentence, the User is required to obtain the prior written consent of the Operator.
2. Akékoľvek používanie Aplikácie a jej Služieb je možné za predpokladu, že nedôjde k (i) zásahu do jej technickej alebo obsahovej časti bez písomného súhlasu Prevádzkovateľa; (ii) k jej zmene alebo odstráneniu akýchkoľvek ich častí; alebo (iii) zobrazeniu alebo odoslaniu informácie zo Služby, ktoré by odporovalo právnym predpisom alebo dobrým mravom.
3. The User agrees not to engage in any of the following prohibited activities in particular:
  1. copying, distributing, or publishing any part of the Services in any medium, including, but not limited to, any automated or non-automated “scraping”;
  2. using any automated system, including, but not limited to, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more requests to the servers hosting the Services than a human could reasonably produce in the same period using a conventional online web browser;
  3. transmitting spam, chain letters, or other unsolicited emails; attempting to interfere with, compromise the integrity or security of, or decipher any transmissions to or from the servers running the Services;
  4. taking any action that, in the sole discretion of the Operator, imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
  5. uploading invalid data, viruses, worms, or other software agents through the Services;
  6. collecting or harvesting any personal data, including account names, from the Services;
  7. impersonating another person or misrepresenting your affiliation with a person or entity, committing fraud, hiding or attempting to hide your identity;
  8. disrupting the proper operation of the Services;
  9. accessing any content within the Services through any technology or means other than those provided or authorized by the Services;
  10. circumventing any measures we may use to prevent or restrict access to the Services, including, but not limited to, features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content therein; or
  11. using any content (including any information about captions, keywords, or other metadata associated with the content) for any machine learning and/or artificial intelligence purposes or for the training or development of any technologies designed or intended for the identification of natural persons.
  and in the event that such conduct causes damage to the Operator, the User/Registered User/Authorized User shall be obliged to compensate the Operator for the damage incurred.
4. The Registered User agrees that any user content they use when utilizing the Application and its Services does not and will not infringe upon the rights of any third party of any kind, including, but not limited to, any intellectual property rights or privacy rights.
5. The Operator may monitor conduct for compliance with the Terms but is not obligated to do so. If the Operator believes that a violation of the Terms has occurred which can be remedied by the User removing certain user content, in most cases the Operator will request the User to take direct action themselves. The Operator reserves the right to take other appropriate actions if we deem it reasonably necessary.
License
1. The Operator is and shall remain the sole owner of all rights, title, and interests related to the Application and its Services, including all of their components, software parts, documentation, user interface, algorithms, databases, artificial intelligence models, designs, technical solutions, know-how, and all associated intellectual property rights.
  Nothing in these Terms shall be interpreted as a transfer, assignment, or granting of any ownership rights to the User.
2. License. During the Subscription term, i.e., during the Subscription Period, the Operator grants the Registered User and their Authorized Users a:
  - non-exclusive,
  - non-transferable,
  - time-limited license (valid for the duration of the credits)
  
  license to access and use the Services by the Registered User in accordance with these Terms and the scope of the selected Subscription.
3. If the Services include downloadable software components (e.g., a mobile application), the Registered User and their Authorized Users are granted a license to use them solely in object code form and only to the extent necessary for the proper use of the Service during the Subscription Period. This license also includes regular updates, bug fixes, and minor improvements that the Provider provides as part of the subscribed Service.
4. The Provider may also make available to the Registered User accompanying documentation for the Service (“Documentation”). This documentation is subject to the same conditions as the Services: its use is limited to supporting the internal use of the Services by the Registered User and their Authorized Users.
5. Reservation of Rights. All rights not expressly granted to the Registered User in these Terms or in a separate written agreement with the Provider remain exclusively with the Provider. Without the prior express written consent of the Provider, the Registered User may not (and may not allow any third party to):
  1. reverse engineer, decompile, decrypt, or otherwise attempt to obtain the source code of the Application and its Services,
  2. circumvent any technical or license restrictions,
  3. sublicense, rent, transfer, provide, or make the Service available to any third party (except for Authorized Users),
  4. integrate the Service into their own product without express consent,
  5. use the Service in a manner that could disrupt its functionality, security, or integrity.
6. Ownership of User Content. The Registered User owns all User Content within the User Account, including, for clarity, personal data (hereinafter referred to as “User Content”). By using the Application and its Services, the Registered User acknowledges and expressly authorizes the Provider to use the User Content for the improvement, training, and development of the Registered User’s products and services.
7. Feedback. The Registered User and their Authorized Users may choose to send the Provider comments or ideas regarding the Services, including, without limitation, ideas for improving the Services or products (hereinafter referred to as “Ideas”), or the Provider may invite them to do so. By submitting any Idea, the Registered User agrees that its disclosure is gratuitous, unsolicited, and without restriction, and does not create any fiduciary or other obligation for the Provider, and that the Provider is free to use the Idea without any further compensation to the Registered User, the Authorized User, or anyone else, and/or may disclose the Idea on a non-confidential basis or otherwise to anyone.
Availability of the Application and its Services
1. The Provider does not guarantee the availability or reliability of the Service at all times. The Provider guarantees 99% availability of the Application and Services.
2. The provision of Services and the availability of the Application may be restricted for the time strictly necessary, particularly in the event of:
  - non-payment by the Registered User for the Subscription Services for the selected Service package;
  - server outage(s) or operational failures;
  - maintenance of the server(s) providing the platform for the Application and its Services by the Provider;
  - telecommunication line outages or other similar circumstances caused by a third party that may result in the inability to process the Subscription payment for the Services in accordance with the available payment method.
3. If an error or other issue with the Services occurs, it may be reported via the Application interface or through another procedure. In such a case, the User may be required to share the relevant portion of their User Account with a representative of the Provider. The User hereby acknowledges and agrees that the Provider’s representative may review, decompile, or otherwise analyze such user content in order to improve, resolve, or modify the Services and any other products and Services of the Provider.
Liability, Representations, and Warranties
1. Use of the Application and Services is entirely at the User’s own risk.
2. The Registered User is responsible for all login credentials, including usernames and passwords for administrator accounts as well as for Authorized User accounts. The Provider is not liable for any damages, losses, or liabilities to the Registered User if such credentials are misused by third parties.
3. The Registered User represents and warrants that they have validly entered into the Agreement and have the legal authority to do so.
4. The Registered User further represents and warrants that they are responsible for the conduct of their Authorized Users and for their compliance with the Agreement.
5. The Subscription and related Services are provided by the Provider without any warranties. The Registered User acknowledges that the Provider does not guarantee that the Services will be uninterrupted, timely, secure, or error-free.
6. The Provider assumes no responsibility for any user content submitted, posted, or otherwise made available through the Application by the Registered User, any Authorized User, or any third party, and such content is the sole responsibility of the Registered User.
7. Force Majeure. Neither the Provider nor the Registered User shall be liable for any failure or delay in the performance of their obligations due to events beyond the reasonable control of the party, which may include, but are not limited to, denial-of-service attacks, failure of a third-party hosting provider or public utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental actions.
8. Limitation of Liability. The Provider’s total liability arising out of or related to these Terms and the Agreement shall in no event exceed the total amount of Subscription fees paid by the Registered User during the six (6) months preceding the last event giving rise to such liability. The foregoing does not limit the Registered User’s payment obligations.
Additional Provisions
1. Communication. Unless otherwise stated in this document, all notices under these Terms and the Agreement shall be sent via email, and the Operator may also send notices through the Application. Notices must be sent to the Operator at the address [email protected]. Notices shall be deemed delivered (i) on the business day following their dispatch in the case of notices sent by email; and (ii) on the same day in the case of notices sent through the Application.
2. Assignment. The User may not assign or delegate any of their rights or obligations under these Terms and the Agreement, or any claims related thereto, to any third party without the prior written consent of the Operator.
3. Additional Terms for Mobile Applications:
  1. iOS Application. This section applies to any application obtained from the Apple App Store (hereinafter referred to as the “iOS Application”). These Terms are solely between the Registered User and the Operator, not Apple Inc. (“Apple”), and Apple bears no responsibility for the iOS Application or its content. The User’s access to and use of the iOS Application must comply with the usage rules set forth in the then-current Apple Media Services Terms and Conditions and any applicable volume content terms. As a User, you acknowledge that Apple has no obligations or liabilities towards you with respect to the Application, and that Apple is under no obligation to provide any maintenance or support services for the iOS Application.
  2. Android Application. The following applies to any application obtained from the Google Play Store (such application hereinafter referred to as the “Android Application”). These Terms are solely between the Registered User and the Operator, and not with Google LLC or any of its affiliates (collectively, “Google”). The User’s access to and use of the Android Application must comply with Google’s then-current Google Play Terms of Service. As a User, you acknowledge that Google has no obligations or liabilities towards you with respect to the Application, and that Google is under no obligation to provide any maintenance or support services for the Android Application.
4. Customer Support. If you would like more information about our Services and their features, or if you need assistance with your User Account, please contact us at [email protected].
5. Penalties. For a breach by the User of provisions 6.5, 7.8, 9.13, and 11.3 of these Terms, the Operator shall be entitled to a contractual penalty of EUR 10,000 excluding VAT for each individual breach, including repeated breaches. The contractual penalty shall be payable within 15 calendar days from the date of delivery of a written request for payment by the Operator. The Operator’s right to claim compensation for damages caused by the breach of a contractual obligation, to the extent that such damages exceed the amount of the contractual penalty claimed, shall not be affected by the enforcement of the contractual penalty. The enforcement of the contractual penalty shall not have a suspensive effect on the fulfilment of the User’s obligations under these Terms.
Final Provisions
1. Survival. If any provision of these Terms is or becomes invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
2. Governing Law. These Terms and all legal relationships arising from them, including non-contractual obligations, shall be governed by the substantive and procedural laws of Slovakia, and all disputes arising from this Agreement shall be decided exclusively by the competent Slovak courts with both subject-matter and territorial jurisdiction.
3. Jurisdiction. In the event of a dispute arising from these Terms, the competent court with its seat in the Slovak Republic shall have jurisdiction to decide such a dispute in accordance with Slovak substantive and procedural law.
4. Changes to Terms of Use. The Operator is entitled to unilaterally amend these Terms as necessary, in particular (i) if there are changes to the Services, (ii) to ensure compliance with applicable laws and/or to reflect changes in relevant laws and regulations, (iii) to ensure greater clarity or comprehensibility of these Terms, (iv) if the Operator is considering a restructuring or reorganization of its business, or (v) for technological reasons. In the event of material changes, the Operator will inform you at least one month before such changes take effect.