GENERAL TERMS AND CONDITIONS
- Petr Meca, reg. No.: 76415104, registered office at Frýdek-Místek, Novodvorská 3053, (hereinafter referred to as the “Provider”) owns and operates the MATHGORASTM application located on the Provider's website www.mathgoras.com and www.mathgoras.com or available via Google Play or Apple Appstore as software for users' end devices (hereinafter referred to as the “Application”).
- The Provider may be contacted via e-mail sent to: email@example.com.
- These General Terms and Conditions (hereinafter referred to as the “GTC”) regulate the legal relations established between the Provider and the User (or the Users selected by the User) (hereinafter also referred to as the “User”) pursuant to an agreement under which the Provider grants the User the right to use the Application (hereinafter referred to as the “Agreement”), within the scope and under the conditions specified in the Agreement and the GTC.
- If these GTC contain provisions that deviate from the Agreement, the Agreement shall prevail. Issues that are not expressly addressed in the Agreement or in these GTC shall be governed by the law of the Czech Republic, i.e. primarily Act No. 89/2012 Coll., the Civil Code, Act No. 121/2000 Coll., the Copyright Act, Act No. 634/1992 Coll., the Consumer Protection Act, Act No. 110/2019 Coll., the Personal Data Processing Act, Act No. 480/2004 Coll., the Act on Certain Information Society Services.
- Legal relations between the Provider and the Customer not expressly regulated by these GTC or the Agreement shall be governed by the relevant provisions of the Civil Code, the Copyright Act, as well as the GDPR, the Consumer Protection Act, the Personal Data Protection Act, the Act on Certain Information Society Services, the Value Added Tax Act, and related legislation.
“Application” – the Application as defined in Art. IV hereof;
“Copyright Work” – copyright work as defined in Art. V hereof;
“Copyright Act” – Act No. 121/2000 Coll., the Copyright Act, as amended;
“Price” – the price for which the User shall be allowed to use the Application, including the amount corresponding to the value added tax;
“User” – the person using the Application on the basis of the Agreement, or those designated by such person;
“GDPR” – Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and Act No. 110/2019 Coll;
“License” – shall have the meaning set forth in Art. V hereof;
“Civil Code”– Act No. 89/2012 Coll., Civil Code, as amended;
“Provider” – Petr Meca, reg. No.: 76415104, place of business: Frýdek-Místek, Novodvorská 3053;
“Working Day” – a day that does not fall on a Saturday, Sunday, or a state-recognized holiday or other state-recognized day of rest in the Czech Republic;
“Complaint” – shall have the meaning set out in Art. VII hereof;
“Agreement” – the Agreement specified in Sec. 1.3 hereof;
“Party” – the Provider or the User pursuant to a specific provision;
“Consumer” – the natural person who, in concluding and performing the Agreement and in other dealings with the Provider, acts outside the scope of their business activity or outside the scope of the independent exercise of their profession;
“GTC” – these General Terms and Conditions;
“Customer” – the person who has concluded the Agreement with the Provider;
“User” – the person who has concluded the Agreement with the Provider or persons designated by the User;
“Customer Account” – the account created by the Customer within the Application for the purpose of using the Application;
“Act on Certain Information Services” – Act No. 480/2008 Coll., on certain information society services and on amendments to certain acts, as amended;
“Personal Data Processing Act” – Act No. 110/2019 Coll., on the processing of personal data, as amended;
“Consumer Protection Act” – Act No. 634/1992 Coll., on consumer protection, as amended;
The definitions contained above, as well as other terms used herein, shall also represent the plural, depending on the specific context, with the masculine gender including the feminine and vice versa.
- The Agreement concluded between the Provider and the Customer gives the User the right to use the Application to the extent and under the conditions specified in the Agreement and the Customer undertakes to pay the Provider the Price for its provision. The Agreement may provide that the use of the Application is to a certain extent agreed as free of charge.
- The Customer undertakes to ensure compliance with the Agreement also by other users who use the Application on the basis of its designation, since the Customer shall be liable for any breach of the obligations arising from the Agreement as if it had breached the relevant obligations itself. All actions taken by the users designated by the User shall be binding on the Customer itself.
- The Customer undertakes, inter alia, to secure the consent of the persons so designated, which is required of the Customer for the purposes of the Agreement.
- The Agreement shall be concluded by registering the Customer in the Application's registration interface. The Customer shall register by filling in the registration data, which are the Customer's first name, surname, e-mail address, and password chosen by the Customer. The email address and password shall be later used to access the Application by the Customer and other Users.
- By registering, the Customer confirms that it has read the contents of these GTC, understands them in full, and agrees to all rights and obligations arising therefrom. The Consumer declares that it has read and understood the information addressed to it as set out in Art. VIII hereof.
- Upon registration, the Customer shall be acquainted with the Provider's Personal Data Processing Policy and agrees to receive information and marketing communications to the e-mail address provided by the Customer.
- By concluding the Agreement, the Customer requests the Provider to commence performing its obligations under the Agreement immediately after its conclusion, i.e. before the expiry of the withdrawal period under Sec. 3.10 hereof, in which case the Agreement may not be withdrawn.
- The Registered Customer shall be entitled to change the Agreement so that instead of the right to use the Application's free variant according to Sec. 4.4(a) hereof, it shall be entitled to use the Application's paid variant referred to in Sec. 4.4(b) hereof. This change shall take effect on the date of payment of the Price.
- The Agreement is concluded for an indefinite period of time, but no longer than until the Customer Account is cancelled. This is without prejudice to the right of the Parties to withdraw from the Agreement in accordance with the relevant provisions of the Civil Code. The Consumer shall be entitled to withdraw from the Agreement within fourteen days from its conclusion. Upon withdrawal from the Agreement in accordance with the procedure set out in the preceding paragraph, the withdrawal form located in the Application under the Settings/Support tab may also be used. The Provider shall confirm the receipt of the Consumer's withdrawal to the Consumer's electronic address provided by the Consumer during registration without undue delay after its delivery to the Provider.
- Should the Consumer exercise the right to withdraw from the Agreement pursuant to the preceding paragraphs, the specified withdrawal period shall be deemed to be maintained if the Consumer gives notice to the Provider that it is withdrawing from the Agreement within that period. In the event of withdrawal from the Agreement, the Provider shall return to the Consumer the funds, or the Price paid, which it has received from the Consumer on the basis of the Agreement, the amount of which shall be reduced by the amount corresponding to the performance already provided, in the same manner as it received it from the Consumer.
- The Parties shall be entitled to terminate the Agreement at any time. The termination must be in writing, delivered to the Provider at its e-mail address, or to the Customer at the e-mail address provided upon Registration. The notice period shall be one month and shall commence on the first day of the month following the month of delivery to the other Party.
- In the event of terminating the Agreement for any reason, the Customer Account shall be cancelled within 10 Working Days of the date of termination.
- The Application is a game designed to improve logical thinking, especially for primary school children (hereinafter also referred to as the “Game”). The Game focuses on situations in everyday life that the child tries to evaluate correctly. The User uses a selected character to navigate an island called MathgorasTM and performs a logical mathematical task in each round. The logic tasks are linked to functioning in everyday life. The game consists of five levels that represent a given grade in elementary school. Each level has ten unique rounds and each round has five difficulty levels.
- The Application is accessible to Users via the Android or iOS operating systems for smartphones and tablets, provided there is an internet connection. It is the User's responsibility to maintain the terminal equipment in such a manner as to ensure the use of the Application. The Provider shall not provide any support thereto.
- Registration may only be carried out by a person over the age of fifteen. With their consent, other persons may use the Application. Persons under the age of fifteen may use the Application with the consent of their legal guardian.
- The Application usage options are as follows:
a) Free level one of the Game
By entering into the Agreement, the Customer shall be entitled to use the free variant of the Application, under which the level one of the Game shall be provided to the Customer for an unlimited period of time from the date of entering into the Agreement. In this manner, Users shall be given the opportunity to become familiar with the Application's operation free of charge for a given period of time.
With regard to the free provision of the level one of the Game, the Provider reserves the right to limit or terminate its provision at any time.
b) Paid levels of the Game
The Provider is currently working on the development of additional levels of the Game, which shall be provided for a fee:
- a basic package can be purchased for $14,95 incl. VAT, which shall provide 5 levels of the Game consisting of 50 unique rounds and each round with 5 difficulties (a total of 250 rounds of the Game);
- a bonus package based on a membership fee of $9,95 incl. VAT per month, which shall provide access to bonus rounds until the number of unique rounds reaches the maximum in each level. The maximum is 100 unique rounds in each level, each round again with 5 difficulties (i.e. 500 rounds of the Game in total).
- The Provider shall be entitled to interrupt the operation of the server or other Provider's devices that affect the features of the Application, their functionality, for maintenance or modification of these devices for a strictly necessary period of time.
- In the event that the Application is unavailable and some of its parts are not functional due to reasons on the Provider's part, which the Provider is objectively able to prevent and which may be fairly required, the Customer shall be entitled to exercise the rights from defective performance as provided in Art. VII hereof. In such case, the Application shall be deemed unavailable only from the moment when the Customer notifies the Provider of such unavailability. The aforementioned does not apply to the Application's unavailability due to a planned service outage or other temporary or permanent unforeseeable and insurmountable obstacle independent of the Provider's will, or due to causes consisting in software or hardware of a third party. The Provider shall notify the Customer of a planned service outage which will constitute unavailability of the Application for more than 8 hours, at least 3 days in advance. The Provider shall inform the Customer of other reasons for unavailability without undue delay after becoming aware thereof.
- The User shall not be entitled to use the Application in a manner that could cause damage to the Provider or other persons, violate the rights of such persons, or restrict the use of the Application by other persons, or in other manner for which the Application is clearly not intended (e.g. sending, processing, or forwarding unsolicited or advertising mail).
- If the Provider suspects that any of the Users is using the Application in an unauthorized manner, violates the terms of the License, or otherwise breaches the Agreement, the Provider may, after prior notice to the Customer sent to the e-mail address provided upon registration, restrict the License or, in extreme cases, withdraw from the Agreement, even cancel the created Customer Account.
- In necessary cases, if the Provider finds that any of the Users substantially breaches the terms and conditions of the Agreement or uses the Application in violation of legal regulations, the Provider shall be entitled to withdraw from the Agreement without prior notice or take other appropriate steps to remedy the situation.
- The Customer acknowledges that the Application or its components are protected as a copyrightable work by the Copyright Act and other laws and international agreements relating to the protection of intellectual property. The Provider is also the author of the work in question.
- By concluding the Agreement, the Provider grants the User a license to use the Application, or those parts thereof that fulfil the characteristics of a copyright work (hereinafter referred to as the "Copyright Work" and the "License"), all within the scope and under the conditions specified in the Application user interface, the Agreement, and these GTC.
- The User shall be entitled to use the Copyright Work in the form provided to it to such extent and for such uses as are necessary to achieve the purpose of the Agreement. The license is agreed as non-exclusive, not limited in territory, and for the duration of the Agreement, but no longer than the duration of the author's intellectual property rights. The User shall not be obliged to use the License and shall not be entitled to assign the rights constituting part of the License to any third party in whole or in part, or to sublicense them.
- The User shall not, without the Provider's written consent, reproduce, distribute, lease, rent, lend, make available to other persons, or otherwise exceed the quantity or other scope of its possible use agreed in the Agreement, unless the Agreement provides otherwise. Furthermore, the User shall not be entitled to exercise the moral rights of the authors, in particular to make any changes or other intervention in the Copyright Work, to combine it with another work or to include it in a collective work, to appropriate the authorship of the Copyright Work, to modify or change the authors' designations, the title of the Copyright Work, to use the Copyright Work in any manner that diminishes its value. The User shall not be entitled to analyse, modify, or create derivative works of intellectual property of the Application by any means. If any doubts arise regarding the possible use of the Copyright Work, the Customer shall request instructions from the Provider. Pending a response to such a request, the authorisation to use the Copyright Work shall apply to a more limited extent.
VI. Payment Terms
- The price of the monthly subscription to the Application's paid version shall be indicated in the Application's interface. The use of the Application's paid version shall only be provided to the User at the moment of paying the Price via the electronic payment gateway located in the Application's interface. The Application payment shall be charged once per month for the duration of the Agreement.
- Should a default with payment of the Price occur, the Provider shall be entitled to withhold the authorisation under the Agreement and block the Customer Account.
- After executing the payment, the Provider shall issue a tax document to the Customer, which shall be made available to the Customer in an electronic form directly in the Application.
- Payment card data shall be stored securely only at GoPay – the payment service provider part. Payment card data shall be secured by GoPay according to the highest security standards and all transmitted and stored information shall always be encrypted. Consent to data storage and recurring payment may be revoked at any time.
VII. Defects and Complaints
- The Application is licensed “as is”, “with all faults”, and “as available”.
- If the Application is unavailable due to reasons on the Provider's part and if these are reasons that the Provider is objectively able to prevent and may be fairly required to do so, if the Application is not made available within the agreed time, the Customer shall be entitled to the rights of defective performance.
- The Provider shall not be liable for any defects in the Application or any part thereof, nor for damages (including loss of data, unauthorised access to the Customer's account) if the defects were also caused by
a) improper or incorrect use of the Application by the User, including a malfunctioning Internet connection, virus infection of the User's device, or other external attack;
b) incompatibility of the Application with computer software and hardware that are not listed as compatible with the Application in the Agreement or in the Application, improper functionality of the operating system or third-party software;
c) force majeure, changes in legal regulations that make the performance of the Agreement substantially more difficult for the Provider, natural disasters, or other extraordinary unforeseeable and insurmountable obstacles arising independently of the Provider's will.
Furthermore, the Provider shall not be liable for obvious defects that were not pointed out by the Customer at the latest when the Application was made available or, if they appeared later, then without undue delay after the Customer had the opportunity to discover the defects, within the meaning of Sec. 1921 of the Civil Code. In such a case, the Provider shall object to the late discovery of the defect and the court cannot subsequently grant the Customer the right to make a complaint regarding the defective performance.
- In case of defective performance, the Consumer shall have the following rights from the defective performance depending on whether the defect is remediable or not. If the defect is remediable, the Consumer shall be entitled, at its option, to (i) have the defect repaired and the right to use the relevant version of the Application extended for the duration of the defect, or (ii) a reasonable discount on the Price. If the defect cannot be remedied and the Application cannot be properly used because of the defect, the Consumer may either (i) withdraw from the Agreement or (ii) demand a reasonable discount from the Price.
- The Customer shall notify the Provider of any defects without undue delay after it has been able to detect them by timely inspection and sufficient care.
- The Customer shall notify the defects of the Application and exercise the chosen right from the defective performance by written notice or in any other manner that allows the Provider to identify the Customer without doubt, in particular by e-mail or in writing to the mailing address (hereinafter referred to as "Complaint"). In the Complaint, the Customer shall identify the defect found or describe exactly how the defect is manifested. The date of the Complaint shall be deemed to be the date on which the Complaint containing a description of the defect or its manifestations, so that the notified defect can be examined, is delivered to the Provider.
- PThe Provider shall issue a confirmation to the Customer in an appropriate manner (with regard to the form of the Complaint) containing information on when the Customer made its claims, what is the content of the Complaint, and what method of handling the Complaint the Customer requires, and subsequently also a confirmation of the date and method of handling the Complaint, including confirmation of the repair and its duration, or a written justification of the Complaint rejection.
- The Provider shall decide on the Complaint without undue delay, in complex cases no later than within three Working Days from the date of its submission. This period shall not include the reasonable time required for a professional assessment of the defect.
- Complaints, including the removal of defects, shall be settled without undue delay, no later than 30 days from the date of the Complaint, unless the Provider and the Customer agree on a longer period. Failure to meet this period shall be deemed a material breach of the Agreement.
VIII. Information for Consumers
- The Provider fulfils its information obligation towards the Consumer arising from Sec. 1811, 1820, and 1826 of the Civil Code and the Consumer Protection Act, inter alia, through this Article hereof.
- The identity and address of the Provider, including the address for sending e-mails, are specified in Sec. 1.1 hereof and also in the Application. The description of the performance provided is set out in Art. IV hereof and in the Application, including any other specifications, such as the manner of performance of the Agreement by the Provider or information about the functionality of the digital content and its technical protection measures.
- The price, method of payment, and any costs or fees associated with the subject of the performance are specified in Art. VI hereof. The details of the rights arising from defective performance and the conditions for their exercise are contained in Art. VII hereof. The details of the term of the Agreement and the possibilities of its termination are specified in Art. III hereof, including the Consumer's instruction on its right to withdraw from the Agreement, all conditions, periods, and procedures for the exercise of this right, in particular the possibility of using the withdrawal form located in the Application under the Settings/Support tab.
- The Agreement is normally concluded by remote communication means. The Consumer shall bear the costs of the use of remote communication means in connection with the Agreement. The Agreement may also be concluded in translation into other languages or in other languages, however, the Czech version of the Agreement shall always be attached and in case of any doubt about the content of the Agreement, the Czech version of the Agreement shall prevail. The details of the Agreement including these GTC are stored in the Application and may be accessed by the Consumer upon registration.
- The Consumer shall be entitled to address the supervisory authority, which is the Czech Trade Inspection Authority, with any complaint about the Provider's actions that are not in accordance with the Consumer Protection Act.
- Should a dispute arise between the Provider and the Consumer in connection with the Agreement, the Consumer shall be entitled to contact the Czech Trade Inspection Authority, seated at Štěpánská 15, Prague 2, website www.coi.cz, as the subject of out-of-court consumer dispute resolution. All details on the possibility of out-of-court dispute resolution are available on the website of the Czech Trade Inspection Authority.
Validity and Effect, Applicable Law
- These GTC enter into force and effect on 1 May 2021.
- Legal relations under the Agreement shall be governed by the Czech law. As a result of this choice of law, the Consumer shall not be deprived of the protection afforded by the provisions of law which cannot be waived contractually and which would apply in the absence of a choice of law.