of the company REVITALIVE s.r.o., Co. Reg. No: 13968297, with registered office at Bulharská 996/20, Vršovice, 101 00 Prague 10, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 358059 (hereinafter referred to as the “Operator“), governing the terms and conditions for the provision of the service “REVital” (hereinafter referred to as the “Service“) to the customers of the Operator (hereinafter referred to as the “Customer“) 

(hereinafter referred to as “Terms and Conditions“). 

1. SUBJECT-MATTER OF THE TERMS AND CONDITIONS

1.1.      These Terms and Conditions govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code“), the terms of provision of the Service to Customers. 

1.2.      The Operator provides the Service to the Customer on the basis of an agreement concluded in accordance with the procedure set out in these Terms and Conditions (hereinafter referred to as the “Agreement“). The provisions of the Terms and Conditions are an integral part of the Agreement from the moment of its conclusion. Provisions that are derogatory from the Terms and Conditions may only be arranged in writing. Such derogatory provisions represent a part of the Agreement and prevail over the provisions of these Terms and Conditions. 

1.3.      The Terms and Conditions apply in cases where the Customer is a consumer (a natural person who uses the Service outside the scope of their business activities or outside the scope of the independent performance of their profession). The Service is not intended for entrepreneurs. 

2. REVITAL SERVICE, PLATFORM AND APPLICATION

2.1.      The Service provided by the Operator consists of processing data collected through the Customer’s supported device (hereinafter referred to as the “Device“) within a software platform operated by the Operator (hereinafter referred to as the “Platform“), and subsequently displaying its evaluation by the Operator using the mobile application “REConnz” (hereinafter referred to as the “Application“), which must be downloaded from the relevant application marketplace (Google Play, App Store, or other marketplaces where the Application is currently offered by the Operator, hereinafter referred to as the “Application Marketplace“) to the Customer’s supported mobile device (hereinafter referred to as the “Mobile Device“). Selected features of the Service may also be accessible from the Mobile Device outside the Application through a web interface (hereinafter referred to as the “Web Interface“); in such a case, the provisions of these Terms and Conditions relating to the Application shall apply accordingly to the Web Interface. 

2.2.      The Customer may download, install, and use the Application in its basic form (without paid functionalities) free of charge. However, not all features or content may be available in the free version. Features or content made available by the Operator for a fee are designated as paid within the Application (hereinafter referred to as “Paid Content“). 

2.3.      To use the Service, the Customer must create a user account within the Platform (hereinafter referred to as the “Account“), through which the Customer is enabled to access the Platform and utilize its functionalities. 

2.4.      For the proper use of the Service, a supported Device and a Mobile Device with the Application installed are required. Supported are such Mobile Devices and Devices that meet the minimum system requirements specified in the Application listing on the Application Marketplace and/or on the Operator’s website https://revital.live/ (hereinafter referred to as the “Website“). 

2.5.      An internet connection is required to use the Service. Providing an internet connection is the responsibility of the Customer. The costs of internet connection are borne by the Customer. 

2.6.      The Service is used solely for the transmission, processing and display of data and is not a medical device. The Customer is obliged to adapt their use of the Service accordingly and to use the Service and all outputs derived from it strictly in accordance with its intended purpose. The Customer acknowledges that the data is collected using a third-party Device and based on its integration with the Application carried out by the Customer. 

3. ENTERING INTO THE AGREEMENT

3.1.      The Agreement is concluded at the moment the Customer agrees to these Terms and Conditions upon the first launch of the Application. Upon the first launch of the Application, the Customer also confirms that: 

3.1.1.         they are a natural person – a consumer, have sufficient legal capacity to enter into the Agreement and to use the Service, and that by entering into the Agreement and using the Service in accordance with these Terms and Conditions, they are not violating any legal regulation or other obligation; and 

3.1.2.         they acknowledge the information on the processing of personal data pursuant to Article 13 of these Terms and Conditions. 

4. CUSTOMER ACCOUNT

4.1.      To use the Service, the Customer must create an Account within the Platform. An Account always belongs to a single Customer (a natural person). A Customer may only have one Account at any given time. 

4.2.      The Customer is responsible for the accuracy and currency of all information provided in the Account. In the case of any changes, the Customer is obliged to update the information without undue delay. 

4.3.      The Customer’s login information must be entered correctly to access the Account. The Customer is obliged to adequately protect their login credentials and prevent any third or unauthorized parties from unauthorized access to the login credentials. In the event of suspected disclosure or misuse of login credentials, the Customer must change their login credentials without undue delay. 

4.4.      The Customer bears full responsibility for all activity carried out on their Account, regardless of whether it is performed by the Customer or by a third party. The Customer is not authorized to allow third parties to access the Service through their Account.  

4.5.      The Operator will delete the Customer’s Account within the Platform and erase all contained data without undue delay from the moment the Customer requests the deletion of the Account, or upon the termination or expiration of the Agreement in accordance with these Terms and Conditions, but no later than within thirty (30) days. 

5. PAID CONTENT

5.1.      The Operator makes the Paid Content available to the Customer on the basis of an Agreement for the purchase of Paid Content concluded directly within the Application environment (hereinafter referred to as the “Agreement for the Purchase of Content“), after the payment of the price for the Paid Content (hereinafter referred to as the “Content Price“). 

5.2.      The Customer purchases Paid Content by selecting a specific offer of the Paid Content in the Application interface, indicating the period for which they wish to access the Paid Content according to the offer available in the Application, and paying for the selected Paid Content directly within the Application interface using an available cashless payment method via the corresponding button in the Application. The Agreement for the Purchase of Content is concluded at the moment the Content Price is paid. The terms of the Agreement for the Purchase of Content are governed by these Terms and Conditions. 

5.3.      The purchase of the Paid Content will be confirmed by the Operator to the Customer via email (through a third party operating the payment method). 

5.4.      The Paid Content will be made available to the Customer directly within the Application environment without undue delay after the conclusion of the Agreement for the Purchase of Content, and no later than within two (2) business days. By purchasing the Paid Content, the Customer expressly requests that the Paid Content be made available before the expiration of the statutory fourteen (14) day withdrawal period for the Agreement for the Purchase of Content. 

5.5.      The Paid Content is made available to the Customer for the duration of the Agreement for the Purchase of Content, as selected by the Customer during the purchase process in the Application. Upon termination of the Agreement for the Purchase of Content, access to the Paid Content shall automatically be terminated. 

5.6.      The Paid Content includes functionalities and services specified within the Application, or, where applicable, on the Website, such as the analysis of processed data by the Operator and the possibility of exporting such data from the Platform within the Application environment in one of the supported data formats. 

5.7.      The Paid Content available within the Platform can be viewed primarily in the Application environment, or, where applicable, through the Web Interface. The Operator makes reasonable efforts to ensure that the information in the Paid Content is current and accurate; however, it does not guarantee its accuracy, completeness, or timeliness. The Operator is entitled to continuously update the information within the Paid Content, and to add, remove, or disable content, especially in cases where such content violates legal regulations or the rights of third parties. 

5.8.      Services involving Paid Content are provided without any additional accessories. Instructions for using the Service and the Paid Content are provided on the Operator’s Website, in the Application Marketplace, and/or directly within the Application. The Operator is not obligated to provide any additional manuals, documentation, or further instructions for the Services or the Paid Content. 

6. PRICE AND PAYMENT TERMS

6.1.      The Content Price is always specified directly in the Application alongside the specific offer of the Paid Content for a given period, or, where applicable, on the Website. Unless stated otherwise, the Content Price includes value added tax. The price of the content stated in the Application or on the Website may be changed by the Operator at any time; however, a change in the Content Price for a Paid Content offer in the Application does not affect the Content Price already paid by the Customer for the current subscription period of the Paid Content. The change will take effect in the following period. The Operator shall inform the Customer about the increase in the Content Price through the payment method operator. 

6.2.      The Customer shall pay the Content Price directly within the Application environment using one of the available payment methods (e.g., Apple Pay, Google Pay, or another payment method operator). These services are operated by third parties and are subject to the separate contractual terms of the respective operators. 

6.3.      By paying the Content Price, the Customer agrees that the operator of the selected payment method may automatically charge the Customer the amount of the Content Price using the payment method also in the event of a renewal of the Agreement for the Purchase of Content for the next period, no later than on the first day of the new period, and until the Customer disables this option within the subscription management settings of the respective payment method operator. If the Content Price cannot be charged automatically due to insufficient funds, an invalid payment card, or any other reason, the Operator may suspend access to the Paid Content until the Content Price is paid. 

6.4.      The Content Price is considered paid at the moment the corresponding amount is credited to the Operator’s account. Along with the confirmation of the conclusion of the Agreement for the Purchase of Content, the Operator shall also send the Customer (via the operator of the respective payment method) a tax document for the Content Price, containing all particulars required by applicable legal regulations. 

7. UPDATES AND CHANGES TO THE APPLICATION

7.1.      There is no obligation on the part of the Operator to provide updates to the Platform and/or the Application. 

7.2.      However, the Operator may, at its sole discretion, perform updates to the Platform, particularly to ensure that the Platform remains functional, secure, and free of defects. The Operator performs Platform updates without the need for Customer cooperation, although such updates may require the Application to be updated as well (see paragraph 7.3 below). 

7.3.      The Operator may also, at its sole discretion, provide the Customer with access to a new version of the Application by offering it for download through the Application Marketplace. In particular, for updates intended to ensure that the Application remains functional, secure, and free of defects, the Operator may designate the new version of the Application as a mandatory update. In such cases, the Customer is obliged to replace the original version with the new version of the Application on their Mobile Device without undue delay. Otherwise, the Application may not be secure and/or functional, and the Customer shall not be entitled to rights arising from defective performance in connection with defects caused by the use of an outdated version of the Application. 

7.4.      The Operator is entitled to make changes to the Platform and/or the Application at any time (including the addition, modification, or removal of its features) for the following reasons: 

7.4.1.         to comply with legal requirements governing the operation of the Platform and/or the Application, or the provision of Paid Content, 

7.4.2.         to implement technical changes necessary to adapt the Platform and/or the Application to new technologies, or 

7.4.3.         to improve or enhance the efficiency of the Platform and/or the Application 

(hereinafter referred to as the “Change to the Application“). 

7.5.      The Change to the Application shall be provided to the Customer free of charge. 

7.6.      If a Change to the Application negatively affects the Customer’s ability to use the Paid Content (e.g., the Paid Content is no longer available), the Customer has the right to terminate the Agreement for the Purchase of Content within thirty (30) days from the date on which the Customer was notified of the Change to the Application, or from the date the Change to the Application was implemented, whichever occurs later. In such a case, the Operator shall refund to the Customer a proportional part of the Content Price, taking into account the period during which the Paid Content was available to the Customer. 

8. USE OF ANONYMIZED DATA BY THE OPERATOR

8.1.      The Operator has the right to collect and further use, for its own purposes, the data gathered and evaluated through the Device and subsequently displayed within the Platform in anonymized form (i.e., in a form in which the data cannot be attributed to a specific natural person, hereinafter referred to as “Anonymized Data“), in particular for research purposes, for the improvement of algorithms used to evaluate data from the Device, for further development of the Platform and/or the Application, and for enhancing the provision of the Service. The Operator is entitled to further provide Anonymized Data to third parties. The Customer is obliged to enable this and, where applicable, to provide the Operator with any requested cooperation necessary for that purpose. 

9. PROVISIONS REQUIRED BY APPLICATION MARKETPLACE OPERATORS

9.1.      The Agreement, as well as all Agreements for the Purchase of Content, are concluded solely between the Customer and the Operator. The Application Marketplace operator is not a party to these agreements. The Application Marketplace operator bears no responsibility for the characteristics, operation, functionality, servicing, or maintenance of the Application. 

9.2.      If, however, the Application does not conform to the warranty provided by the Operator and the Customer has used a payment method provided by the Application Marketplace operator, the Customer may notify the Application Marketplace operator, who may, under the terms of the respective Application Marketplace, refund the Customer for payments made for the Application. The Application Marketplace operator has no other obligations regarding the settlement of any claims arising from breach of warranty or defects in the Application, nor any obligation to compensate for damages or other costs. 

9.3.      In the event that the Customer downloaded the Application from the Apple App Store, the Customer may use the Application only on Apple-branded products owned or controlled by them, as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, except in cases where the Application may be accessed and used by other accounts associated with the Customer through Family Sharing, volume purchase, or as a legacy contact. 

9.4.      Any claims by third parties based on alleged infringement of intellectual property rights in connection with the use of the Application shall be handled by the Operator, not the Application Marketplace operator. 

9.5.      The Application Marketplace operator may enforce the Customer’s compliance with the Agreement. 

9.6.      The Customer represents and warrants that (i) they are not located in a region subject to a U.S. government embargo or that has been designated by the U.S. government as a region supporting terrorism; and (ii) they are not listed on any U.S. government list of prohibited or restricted parties. 

9.7.      The Customer must comply with the terms and conditions of third-party service providers (e.g., internet service providers) when using the Application. 

10. CUSTOMER OBLIGATIONS

10.1.   The Customer hereby agrees to use the Service solely in accordance with the legal regulations and these Terms and Conditions. The Customer is not entitled to use the Service or its content for any purpose or in any manner other than as provided in these Terms and Conditions. In particular, the Customer agrees that: 

10.1.1.      they will not, when using the Service or in connection therewith, interfere with the rights of third parties or the Operator, and will not use the Service or its content in an unlawful manner or for unlawful purposes, 

10.1.2.      they will not unlawfully interfere with the Service or any of its parts, and will not attempt to gain access to the Service in any way other than by using the designated login credentials and through the designated software and hardware, 

10.1.3.      they will not resell or otherwise provide, for consideration or free of charge, the Paid Content or any other data and information obtained from the Platform and/or the Application to third parties, 

10.1.4.      they will not unlawfully use the Service, its parts, or content, in particular, will not unlawfully reproduce, distribute, or communicate it to the public, nor modify the Service or any part thereof in any way, nor decompile related source codes or documentation, unless expressly authorized in writing by the Operator, 

10.1.5.      they will not use the Service in a manner that could damage it or disrupt its operation (including interference with or damage to the hardware on which the Service is operated), and will not use the Service in a way that could cause overloading, impaired functionality, or other threats to the servers on which it is run, 

10.1.6.      they will not conceal, mask, or falsify their identity. 

10.2.   The Customer is solely responsible for using the Service in accordance with legal regulations and the Agreement. 

10.3.   The Customer is not permitted to upload their own content to the Platform. 

10.4.   In the event that the Customer breaches any obligation set out in this Article 10 of the Terms and Conditions, the Customer shall, upon request by the Operator, compensate for all damage (both pecuniary and non-pecuniary) caused by such breach in the amount determined by the Operator, including, in particular, reimbursement of any penalties imposed on the Operator and costs of court, administrative, or other proceedings, including full legal representation costs incurred in connection with the Customer’s breach. The Customer is also obliged, upon request by the Operator, to remedy the situation at their own expense and ensure that no further breach of the Agreement occurs. Any other claims the Operator may have under applicable legal regulations remain unaffected. 

11. SERVICE SUSPENSION

11.1.   The Operator may, in the event of suspected breach of the Terms and Conditions by the Customer (in particular, if the Customer has violated the terms of use of the Service, is in default with payment of the Content Price or any other payment under the Agreement, etc.), temporarily suspend the Customer’s ability to use the Service and/or its partial functionalities, including the Customer’s ability to use the Application or access the Paid Content, for the time necessary to verify or disprove the suspicion (hereinafter referred to as “Service Suspension“). The Operator shall inform the Customer of the Service Suspension and the reason for it through the Application interface or via the contact details provided under Article 15 of these Terms and Conditions. If the suspicion is disproved, the Operator shall, without undue delay, restore the provision of the Service in full. The Customer shall not be entitled to any claims against the Operator in connection with the Service Suspension carried out in accordance with this Article. 

12. RIGHTS TO USE THE SERVICE

12.1.   As part of the Service, the Operator makes available and enables the Customer to use, in particular, the Platform and the Application, as well as other intangible assets protected as copyrighted works to which the Operator holds the relevant copyright (hereinafter referred to as “Copyrighted Works“) within the meaning of Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on the Amendment of Certain Acts (the Copyright Act), as amended (hereinafter referred to as the “Copyright Act“). 

12.2.   Based on the Agreement, the Customer acquires a non-exclusive right to use the Copyrighted Works, and where applicable, also on the basis of individual Agreements for the Purchase of Content, including Paid Content, for the duration, purpose, scope, and in the manner necessary for the provision of the Service in accordance with these Terms and Conditions (i.e., to use the Platform, download and install the Application, browse it, and view its content and Paid Content in accordance with the Agreement for the Purchase of Content) (hereinafter referred to as the “License“). The License is granted without territorial limitation, for the duration of the Agreement, or in the case of Paid Content, for the duration of the Agreement for the Purchase of Content, but no longer than the term of the proprietary rights to the Copyrighted Works. 

12.3.   The Customer is not entitled to grant sublicenses to the Copyrighted Works, to assign the License to another person, or otherwise provide the Copyrighted Works or the License to any third party. 

12.4.   Except in the case of Paid Content, the License to the Copyrighted Works is granted free of charge. The fee for the License to Paid Content is included in the Content Price. 

12.5.   The Customer may not use the Copyrighted Works for commercial purposes (whether for their own benefit or the benefit of a third party). The Customer may not make the Copyrighted Works, in particular the Application and its content, accessible to third parties. 

12.6.   The Customer is not entitled to alter or modify the Copyrighted Works in any way, create copies, combine them with other works, or incorporate them into collective works. The Customer is not permitted to publish the Copyrighted Works or parts thereof in any manner that would enable third parties to copy or otherwise unlawfully exploit them. Any statutory licenses or permitted uses in relation to the Copyrighted Works for the benefit of the Customer, which may be excluded by agreement between the parties, are hereby excluded. 

12.7.   The Customer is authorized to use the Application on a specific Mobile Device, and the Platform shall be made accessible to the Customer exclusively in a “software as a service” mode; the Customer will not receive and is not authorized to create any copies of the Platform and may access the Platform only through the Application or, where applicable, via the Web Interface. 

12.8.   This Article 12 of the Terms and Conditions shall apply accordingly to other intangible assets included in the Service that are protected by law, but are not Copyrighted Works (e.g., databases, documentation, or assets protected by industrial property rights). 

13. PRIVACY POLICY

13.1.   Information regarding the processing of Customers’ personal data in connection with the provision of the Service is provided in the document titled “Information on the Processing of Personal Data,” which is available on the Operator’s Website or, where applicable, in the relevant Application Marketplace. 

14. INFORMATION PROTECTION

14.1.   The Customer acknowledges that, in the course of performance of the Agreement, they may receive information from the Operator that is of a confidential nature. Confidential information includes, in particular, all information that is or could be part of the Operator’s trade secret, such as information about the principles of operation of the Service and its technical solution, data concerning business and marketing procedures and strategies, know-how, agreements with third parties, business partners, employees, and the internal affairs of the Operator, information about individually negotiated terms of the Agreement and the performance thereof, as well as any other information the disclosure of which could cause harm to the Operator (hereinafter referred to as “Confidential Information“). 

14.2.   All Confidential Information remains the sole property of the Operator, and the Customer shall exercise the same degree of care to maintain its confidentiality and protect it as they would with their own Confidential Information. Except to the extent necessary for cooperation in the performance of the Agreement, the Customer undertakes not to reproduce the Confidential Information in any manner, nor to disclose it to any third party or to their own employees and representatives, except for those who need to be acquainted with such information in order to perform the Agreement. The Customer also undertakes not to use the Confidential Information except for the purpose of performing the Agreement. 

14.3.   The provisions of this article will not be affected by the termination of the Agreement for any reason and will expire 10 years after the termination of the Agreement. 

15. MUTUAL COMMUNICATION

15.1.   All notices between the Operator and the Customer relating to these Terms and Conditions and the Agreement, or required to be made pursuant thereto, must be made in writing and delivered to the other party. The requirement for written form is deemed fulfilled if the notice is made electronically through the Application interface or if it is sent in electronic form as a PDF attachment to an email via the following contact details: 

15.1.1.      Operator: e-mail: [……………….], telephone: [……………….], address for service of documents: the registered office address of the Operator. 

15.1.2.      Customer: the contact details provided in the Customer’s Account will be used for communication with the Customer. 

15.2.   The Operator and the Customer agree to inform the other Party of any changes in their contact details no later than within three (3) business days. The Customer is obliged to do so by updating the details in the Account. 

16. SUPPORT

16.1.   In case of questions, complaints, or for the purpose of resolving issues related to the provided Service or its individual components, the Customer may contact the Operator through: 

16.1.1.      email: […………]; 

16.1.2.      telephone: […………]. 

16.2.   The Operator must inform the Customer about the outcome of addressing the Customer’s request in the manner used by the Customer for the contact. 

17. DEFECTS, COMPLAINTS, LIABILITY

17.1.   If the Customer uses the Service without Paid Content: 

17.1.1.      In the case of using the Service without Paid Content, the Operator provides the Service on an “as is” basis, and therefore does not provide any warranties or representations, nor does it guarantee to the Customer that the Service will be available, functional, secure, or free from defects, or suitable for any specific purpose of use. The Customer shall not be entitled to any claims for defective performance or compensation for damage due to the unavailability of the Service, in particular due to malfunction of the Application and/or Platform. 

17.1.2.      In the event of Service unavailability or issues with the Application and/or Platform (e.g., if it is not working), the Customer may contact the Operator through customer support as described in Article 16. However, the Operator does not guarantee any response times or timeframes for resolving the issue. 

17.2.   If the Customer uses the Service with Paid Content: 

17.2.1.      In the case of using the Service with Paid Content, the Customer, as a consumer, has the rights specified in the complaints policy in the event that the Paid Content is defective. These rights are set out in the Complaints Policy, which forms Annex No. 1 to these Terms and Conditions (hereinafter referred to as the “Complaints Policy“). The Customer may exercise these rights in accordance with the procedure outlined in the Complaints Policy. 

17.3.   The Customer acknowledges that the data processed within the Platform is transmitted from a third-party Device, and therefore the Operator does not guarantee the correctness, accuracy, or completeness of the data obtained through the Device, which is subsequently displayed as output within the Platform in the environment of the Application. The Customer must take this into account when handling such outputs. The Operator bears no responsibility for any actions taken by the Customer based on the outputs of the Service. 

17.4.   To the maximum extent permitted by Czech law, the Operator shall not be liable for any damage incurred by the Customer in connection with the use of the Service. The Operator shall only compensate the Customer for damage caused during the use of the Service by the Operator’s gross negligence or intent, or for such damage for which a claim for compensation cannot be validly waived. The Customer waives all other claims for damages, unless such waiver is not permitted under applicable legal regulations. 

18. COMPLAINTS AND REPORTING OF ILLEGAL CONTENT

18.1.   Any user of the Platform, including the Customer (hereinafter referred to as the “User“), may contact the Operator at any time with complaints regarding illegal content on the Platform (if the User believes that the Platform contains any content that violates the Agreement or applicable laws, including but not limited to content that infringes copyright, trademarks, or other intellectual property rights) (hereinafter referred to as “Illegal Content“), the Platform itself, or any other circumstances related to its operation (hereinafter referred to as a “Complaint“). 

18.2.   Complaints shall be submitted using the contact details specified in Article 15 of these Terms and Conditions. A Complaint must always include: 

18.2.1.      the User’s full name and contact details (email address, mailing address), 

18.2.2.      a description and justification of the Complaint (what it concerns, what occurred, what the issue is, and what you are requesting), 

18.2.3.      if the Complaint concerns content on the Platform, a link to the page where the content is located, or a description of the steps to view such content within the Platform; a screenshot of the content may also be attached. 

18.3.   By submitting a Complaint, the User warrants that they genuinely believe, in good faith, that the information and statements contained in the Complaint are true, current, accurate, and complete. Submitting a Complaint that is made in bad faith, deliberately false, or otherwise misleading constitutes a breach of the Agreement. 

18.4.   The Operator will confirm receipt of the Complaint to the User via email without undue delay. 

18.5.   The Operator will then investigate the Complaint within a timeframe appropriate to the nature of the Complaint, but no later than thirty (30) days from receipt. In the course of the investigation, the Operator will take such steps as it deems appropriate given the nature of the Complaint. The Operator may request additional information, documentation, or other cooperation necessary for the investigation of the Complaint; the User undertakes to provide such cooperation without undue delay, otherwise the Operator may extend the period for investigating the Complaint. 

18.6.   If the Operator finds the Complaint to be justified, it shall take the necessary corrective measures without delay. In the event that the presence of Illegal Content on the Platform is confirmed, the Operator shall remove the Illegal Content or disable access to it without undue delay. 

18.7.   The Operator shall inform the User of the outcome of the Complaint investigation and of any corrective measures taken via email without undue delay after the conclusion of the investigation. 

19. RESOLUTION OF CONSUMER DISPUTES

19.1.   If a consumer dispute arises between the Customer and the Operator that cannot be resolved by mutual agreement, the Customer may submit a proposal for out-of-court resolution of such dispute to the designated body for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Prague 2, Czech Republic, email: adr@coi.cz, website: adr.coi.cz. The Customer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr. 

20. TERM AND TERMINATION OF THE AGREEMENT

20.1.   The Agreement is concluded for an indefinite period. 

20.2.   The Customer may terminate the Agreement at any time by deleting their Account within the Platform in accordance with the procedure set out in clause 4.5, and by uninstalling and deleting the Application and its data from all of their Mobile Devices. The Customer acknowledges that in such a case, they will lose access to the Paid Content, if such content had been made available to them. 

20.3.   The Agreement for the Purchase of Content is always concluded for the period specified in the Paid Content offer in the Application or on the Website as the period for which the Paid Content is subscribed. The Agreement for the purchase of content is automatically renewed for the next period unless the Customer declines the renewal by the last day of the current term of the Agreement for the purchase of content within the subscription management settings of the respective Application Marketplace operator or other payment method operator. 

20.4.   The Operator may terminate the Agreement by notice if the Customer has materially breached any of the terms of use of the Service as specified in these Terms and Conditions. The Operator shall inform the Customer of the termination via the Application interface or through the contact details specified in Article 15 of these Terms and Conditions. The Agreement shall terminate on the day following the delivery of the termination notice to the Customer. 

20.5.   Upon termination or expiration of the Agreement or the Agreement for the Purchase of Content, all rights to use the Copyrighted Works (including the Platform and the Application), or the Paid Content granted to the Customer under the Agreement or the Agreement for the Purchase of Content, shall also terminate. 

20.6.   Upon termination or expiration of the Agreement, the Operator shall disable the Customer’s access to the Platform, the Application, and all Paid Content. Any Content Price already paid shall not be refunded, even partially, unless these Terms and Conditions expressly provide otherwise. 

20.7.   Termination or expiration of the Agreement also results in the termination or expiration of the License and all other rights to the Service granted by the Operator under the Agreement, and the Customer is obliged to cease all use thereof. 

21. WITHDRAWAL FROM THE AGREEMENT FOR THE PURCHASE OF CONTENT

21.1.   If the Operator is in default of making the Paid Content available contrary to clause 5.4 of the Terms and Conditions, and the Customer has requested access within an additional period of no less than three (3) days, and the Operator has still failed to fulfill its obligation, the Customer may withdraw from the Agreement for the Purchase of Content. In such a case, the Operator shall refund the Customer the Content Price paid under the Agreement for the Purchase of Content from which the Customer has withdrawn, within fourteen (14) days, using the same payment method the Customer used to pay the Content Price. The Customer may also withdraw from the Agreement for the Purchase of Content without granting an additional period if it is evident from the Operator’s statement or the circumstances that the Operator will not fulfill its obligation. 

21.2.   The Customer may not withdraw from the Agreement for the Purchase of Content within the statutory period of fourteen (14) days from the date of its conclusion if they agreed that the Paid Content would be made available before the expiration of that period, the Operator has sent confirmation of the conclusion of the Agreement for the Purchase of Content in accordance with clause 5.3of the Terms and Conditions, and the Customer has been informed that, in such a case, the right to withdraw expires. 

21.3.   If the conditions under clause 21.2 of the Terms and Conditions are not met, the Customer may withdraw from the Agreement for the Purchase of Content within fourteen (14) days from its conclusion without giving any reason. The Customer may use the sample withdrawal form provided in Annex No. 2 of these Terms and Conditions (though its use is not mandatory). 

21.4.   If the Customer withdraws from the Agreement or the Agreement for the Purchase of Content, the Operator may prevent further use of the Platform and/or the Application, or the relevant Paid Content. The Customer must cease using the Platform and/or the Application, or the Paid Content, after such withdrawal. 

22. JOINT AND FINAL PROVISIONS

22.1.   The Customer agrees to the use of means of distance communication for the conclusion of the Agreement. The costs incurred by the Customer when using means of distance communication in connection with the conclusion of the Agreement (in particular, internet connection costs and telephone call charges) shall be borne by the Customer. The Agreement may be concluded in Czech. 

22.2.   The Operator is entitled to supplement or change these Terms and Conditions at its discretion at any time. Such an addition and/or amendment shall be published within the Application interface or communicated via the contact details specified in Article 15 of these Terms and Conditions. As of the effective date of the new version of the Terms and Conditions, the previous version of the Terms and Conditions ceases to be effective. If the Customer does not agree with the changes, they have the right to cease using the Service at any time. 

22.3.   If any provision of these Terms and Conditions is invalid or unenforceable, such fact is without prejudice to the validity or enforceability of the other provisions of these Terms and Conditions.  

22.4.   The Customer may not assign or otherwise encumber their claims against the Operator without the Operator’s prior written consent. The Customer agrees that the Operator has the right to assign the Agreement, the Agreement for the Purchase of Content, or any part thereof to a third party. 

22.5.   Section 1740(3) of the Civil Code shall not apply. 

22.6.   These Terms and Conditions, as well as the Agreement and all legal relationships arising therefrom, shall be governed by the laws of the Czech Republic. 

22.7.   This version of the Terms and Conditions comes into effect on [……………….]. 

22.8.   The following annexes form an integral part of these Terms and Conditions: 

22.8.1.      Annex 1 – Complaints Policy; 

22.8.2.      Annex 2 – Sample Withdrawal Form for the Agreement for the Purchase of Content. 

ANNEX 1 – COMPLAINTS POLICY 

1. INTRODUCTORY PROVISIONS

1.1.      The Complaints Policy governs the Customer’s rights arising from defects in the Platform and/or the Application and sets out the procedure for exercising those rights. The Complaints Policy applies if the Customer is a consumer and uses the Services including Paid Content. The Complaints Policy does not apply to Services without Paid Content. The provisions of this Complaints Policy regarding rights arising from defects in the Application shall apply mutatis mutandis to defects in the Platform. 

2. CUSTOMER RIGHTS AND COMPLAINT PROCEDURE

2.1.      The Customer may file a complaint regarding a defect that appears or occurs in the Application with Paid Content during the term of the Agreement. 

2.2.      The Customer shall submit the complaint in writing using the contact details provided in Article 3 of this Complaints Policy. The complaint must include at least the following: 

2.2.1.         proof of conclusion of the Agreement for the Purchase of Content to which the complaint relates; such proof is sent by the Operator pursuant to clause 5.3 of the Terms and Conditions; 

2.2.2.         a description of the problem with the Application; and 

2.2.3.         a statement of what the Customer is requesting from the Operator (i.e., which right arising from defective performance they are exercising, as outlined further in this Complaints Policy). 

2.3.      If the Application has a defect, the Customer may request that the defect be remedied, unless it is impossible or unreasonably costly to do so. 

2.4.      The Operator shall remedy the defect within a reasonable time after it has been reported, in a manner that does not cause significant inconvenience to the Customer, taking into account the nature and purpose of the Application. 

2.5.      The Customer may request a reasonable discount on the Content Price or withdraw from the Agreement for the Purchase of Content if: 

2.5.1.         the Operator does not remedy the defect in accordance with clause 2.4 of this Complaints Policy, or it is evident from the Operator’s statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Customer; 

2.5.2.         the defect recurs even after it has been remedied; or 

2.5.3.         the defect constitutes a material breach of the Agreement for the Purchase of Content. 

2.6.      The Customer may not withdraw from the Agreement for the Purchase of Content if the defect is only minor. 

2.7.      Withdrawal is possible only to the extent of the defective performance. Therefore, if any payments are to be refunded to the Customer, the amount refunded shall reflect the extent to which the Application was defective and the duration of such defect.  

2.8.      Monetary amounts that the Operator is obliged to return to the Customer due to defective performance shall be refunded by the Operator at its own expense without undue delay, but no later than within fourteen (14) days from the date on which the Customer exercised the respective right arising from defective performance. The refund shall be made using the same method that the Customer used to make the payment, unless the Customer expressly agrees to a different method and no additional costs are incurred as a result. 

2.9.      The Customer shall not have rights arising from defects if they failed to perform an update of the Application and the defect occurred solely as a result of not performing the update. 

2.10.   To verify the nature of the defect, the Customer shall provide the Operator with the necessary cooperation to the extent reasonably required. If the Customer refuses to provide such cooperation, the burden of proof that the Application is provided with defects lies with the Customer. 

3. CONTACT DETAILS

3.1.      For the purposes of filing a complaint, the Customer is obliged to use one of the following contacts: 

3.1.1.         email: […………….], 

3.1.2.         mailing address: Bulharská 996/20, Vršovice, 101 00 Prague 10, Czech Republic. 

3.2.      The Operator will contact the Customer using the method the Customer used to communicate with the Operator, or via the Customer’s email address available to the Operator. 

4. FINAL PROVISIONS

4.1.      The provisions of this Complaints Policy do not affect the rights and obligations of the Customer under the Terms and Conditions (in particular with respect to the right to withdraw from the Agreement for the Purchase of Content and other related rights). 

4.2.      This Complaints Policy enters into force and effect on [……………….]. 

ANNEX 2 — SAMPLE WITHDRAWAL FORM FROM THE AGREEMENT FOR THE PURCHASE OF CONTENT 

(Please complete this form and send it to the Operator only if you wish to withdraw from the Agreement for the Purchase of Content in accordance with the provisions of clause 21.3 of the Terms and Conditions governing the use of the Application.) 

Operator: REVITALIVE s.r.o., Co. Reg. No: 13968297, with registered office at Bulharská 996/20, Vršovice, 101 00 Prague 10, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 358059 

I hereby withdraw from the Agreement for the Purchase of Content in the Application REConnz, as specified below: