General Terms and Conditions - GTC

Version 2.5

of Mongata s.r.o., Company ID No.: 089 60 585, with its registered office at Plynární 1617/10, Prague 7, Postal Code 170 00, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 328252

for the Talk2amy platform (for consumers)

1. INTRODUCTORY PROVISIONS

1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") form an integral part of every contract concluded between the Provider and the Customer. Where a contract is referred to, these GTC shall also be understood to be included.

1.2. These GTC form an integral part of the Framework Agreement, which is concluded when setting up the Subscription and User Account, with these GTC further governing the rights and obligations of the contracting parties. This also applies to the Partial Agreement, which is concluded at the moment when the Customer purchases a paid service for the purchase of Premium Queries or another paid product.

1.3. The Contracting Parties may deviate from these GTC by mutual agreement of both Contracting Parties, i.e. the Contracting Parties may agree in writing that certain provisions of the GTC shall not apply or shall apply differently.

1.4. In the event of a conflict between the GTC and a specific Agreement, the wording of the specific Agreement shall prevail.

1.5. The Provider is entitled to amend these GTC unilaterally. The Provider shall inform the Customer of such amendment no later than 14 (fourteen) days before the amendment takes effect. The Customer has the right to reject the amendment to the GTC by written notice delivered to the Provider no later than (a) 7 (seven) days before the amendment takes effect or (b) 7 (seven) days from the moment when the Customer became aware of the amendment to the GTC, if the Customer became aware of the amendment in such a way that it was no longer possible to meet the deadline under letter a). By such written notice, the Provider simultaneously terminates the Agreement (Framework Agreement). In such case, the notice period shall be 7 (seven) days.

1.6. These GTC contain references to the possibility of purchasing individual paid services, the provision of which shall be agreed upon by the Contracting Parties. These services are still under preparation and will be introduced gradually. They may therefore not be available at the time of publication of these GTC.

2. BASIC TERMS

2.1. The capitalised terms listed below shall have the following meaning in these GTC:

Administrator - the person who establishes and selects the form of the Subscription (the same person as the Customer). The Administrator also invites Clients to the Subscription and to complete Questionnaires

Subscription - the part of the Platform resources and functions allocated to the Customer on the basis of the Agreement and these GTC. In this part of the Platform, the Customer may manage data and the access of other persons to such data and functions. The Subscription is established, changed and managed by the Administrator

Billing Period – the minimum time period, typically a calendar month, selected by the Customer and for which the use of the Subscription is paid

Price - the unit price for using the Subscription during one Billing Period according to the type of paid version, and, where applicable, the price for purchasing additional Premium Queries, as well as the price for other products set out in the Provider’s price list

Partial Agreement - a partial agreement on the provision of services consisting in the provision of services (in particular the purchase of additional Premium Queries), concluded between the Provider and the Customer on the basis of the Framework Agreement

Customer - the person with whom the Provider concludes the Agreement and to whom the Price is invoiced. The Customer is always a person over 15 years of age. The Customer is a consumer, i.e. a natural person who does not act within the scope of their business activity or within the independent exercise of their profession; the Individual mode is further defined in Article 4 of these GTC. The Customer is always also the Administrator.

Provider - Mongata s.r.o., Company ID No.: 089 60 585, with its registered office at Plynární 1617/10, Prague 7, Postal Code 170 00

Framework Agreement - a framework agreement on the provision of services concluded between the Provider and the Customer, which anticipates the conclusion of Partial Agreements

Agreement - the Framework Agreement and the Partial Agreement; each Agreement is concluded for an indefinite period

Questionnaire - an online questionnaire, test or survey for the purpose of describing personality type and analysing characteristic traits, provided by the Provider within the Platform

User Account (User) - an account within the Platform that contains a username, password and personal settings. Through this account, a natural person authenticates within the Platform. One User may be part of several Subscriptions.

Premium Query – a unit of consumption when using the AI assistant – Amy. This is a functionality of the paid version of the Platform through which the Customer may communicate with the AI assistant Amy. A Premium Query represents the cost associated with the average number of tokens of one AI prompt at input and output. The number of Premium Queries is determined by the tokens prepaid in a specific number in the given type of paid version of the Subscription. If the prepaid number of Premium Queries is exhausted, it is possible to purchase a one-time package of Premium Queries.

Pro Plan (paid version) - defines the specific Platform services as further specified in these GTC and their Price. The Price is paid repeatedly for each period during which the Subscription is used.

Premium Plan (paid version) - defines the specific Platform services as further specified in these GTC and their Price. The Price for the Premium Plan is determined by the number of persons using the Premium Plan, the level of consumption limits and the availability of individual functions. The Price is paid repeatedly for each period during which the Subscription is used.

LITE Plan – a free option for using the Platform; such version is functional, but does not include all tools and options of the paid versions. The LITE Plan is intended for one person only.

Respondent – a natural person whom the Administrator (Customer) invites to register their own User Account and to complete a Questionnaire and who completes the Questionnaire. A Respondent is also a person who completes a Questionnaire without any further action.

Contracting Parties - the Customer and the Provider

3. SPECIFICATION OF SERVICES

3.1. The Platform is a supportive psychological platform based on statistics and, as regards the function of the AI assistant “Amy”, also on artificial intelligence. Its aim is to help people understand their personality and further develop and work with it. The Platform also enables work with the personality characteristics of other people who voluntarily complete a Questionnaire and agree to share their results.

3.2. On the basis of Questionnaires and other inputs, the Platform creates a personality profile, which it further processes within the relevant Respondent and, according to the Respondent’s choice, compares the results with selected types, etc.; personality profiles are created exclusively on the basis of Questionnaires and other inputs from the Respondent. It is the Respondent’s responsibility to provide truthful, correct, current and complete data in the Questionnaire or other inputs. The Platform is able to explain clearly the specifics of a particular personality and its projection into personal and professional life.

3.4. The Platform may be used both in registration mode and without registration, i.e. in the LITE Plan.

3.5. A given person always switches to registration mode from Anonymous mode by choosing the option to switch to one of the paid plans. This process creates a new Subscription of the "Individual" type, in which a User Account is established for the given person, who then fills in the required information, such as first name, surname, e-mail and password.

3.6. After the Subscription is created in registration mode, a confirmation of the Subscription creation is sent to the specified e-mail address. The Subscription and User Account are activated and therefore established regardless of whether the hyperlink is clicked.

3.7. In the LITE Plan, the Customer is allowed to complete certain Questionnaires without the need to register a User Account and pay the Price. For full functionality, the Customer must choose to switch to one of the paid plans (Pro Plan or Premium Plan). By confirming the order of paid products or a paid version, the Customer incurs the obligation to pay the Price according to the price list through the payment gateway.

3.8. The services provided by the Platform and described in these GTC differ depending on whether they are provided under the Premium Plan (paid version), the Pro Plan (paid version) or the LITE Plan (unpaid version).

4. PREMIUM PLAN

4.1. The Premium Plan is intended for natural persons over 15 years of age who will use the Platform services for their personal needs and the needs of their close persons and friends. This Subscription may not be used for commercial purposes.

4.2. The personal need referred to in the preceding paragraph shall not affect the possibility of providing Questionnaire results to a third party or sharing Questionnaire results with a third party designated by the Customer.

4.3. To use the Premium Plan services, the Customer is obliged to create a Subscription by switching from the mode without registration (LITE Plan), by selecting the appropriate plan and choosing the option "Order with obligation to pay". This process creates a new Subscription of the "Individual" type and the Customer’s User Account. The Customer then fills in the required information, such as first name, surname, e-mail and password.

4.4. If the Customer has the Pro Plan available, the Customer may switch to the Premium Plan through the “Upgrade” process. In this case, no further registration is required.

4.5. Creating a Subscription is free of charge.

4.6. Use of the Subscription under the Premium Plan is conditional upon payment of the Price at least for the first Billing Period.

4.7. When creating the Subscription, the Customer simultaneously creates a User Account or assigns a previously created User Account to the Subscription.

4.8. The Customer is obliged to fill in the Subscription details truthfully and completely and to keep the details current and accurate throughout the entire registration period. The Customer may correct and change the details in the Subscription at any time.

4.9. During registration, the User is obliged to fill in the User Account details truthfully and completely and to keep the details current throughout the entire registration period. The User may correct and change the details in the Subscription at any time.

4.10. By creating the Subscription, the Customer expresses consent to these GTC and the Framework Agreement is concluded, which is concluded for an indefinite period and electronically in one of the supported languages selected by the User. Information about the Subscription and its content is located in the account section (the “head” icon in the upper right corner), where the User may manage it independently. All approved legal documents are located in the same section.

4.12. When creating the Premium Plan, it is always necessary to pay at least the first Billing Period. In addition, it is always possible to purchase Premium Queries or another product after logging into the User Account.

4.13. The Customer is provided with a summary of the selected order for the given paid service (purchase of Premium Queries or another product) and is provided with basic information and data about the Agreement.

4.14. If the Customer agrees with the order summary, the Customer places a binding order for the paid product by clicking the "Order with obligation to pay" button.

4.15. By placing a binding order for a paid product, the Customer undertakes to pay the Price for the Subscription, Premium Queries or another paid product according to the Price List.

4.16. Upon due payment of the Price, a Partial Agreement for the given paid service (product) is concluded. Use of the ordered paid service (product) is enabled for the Customer only after full payment of the Price.

4.17. After all the above conditions have been met (in particular after payment of the relevant Price), all Users within the Subscription of the given Customer are allowed, according to their role, to start using the functions associated with the given paid service, to use Premium Queries or to use other purchased products.

4.18. The Questionnaire results are stored in the Subscription and Respondents may view them at any time, combine them, compare them or otherwise work with and display them. A Respondent does not have access to the results of another Respondent. However, the Customer has access to the results of all Respondents – but only provided that the relevant Respondent agrees to this.

4.19. In the Premium Plan, the Administrator may, within their Subscription, invite any person to create a User Account, complete a Questionnaire and use designated Subscription functions; its creation is the same as the creation of any other User Account under these GTC, with the exception that no separate Subscription is created, but it is assigned to the Customer’s Subscription by entering his/her e-mail address and sending an invitation. In this case, the Customer is responsible for processing the Respondent’s e-mail address as personal data under the applicable legal regulations, or other personal data entered into the Platform.

4.20. After entering the e-mail address and sending the invitation, the Respondent is sent a unique hyperlink to the specified e-mail address. By clicking this link, the Respondent is redirected to the Platform, where the Respondent creates a User Account and/or is enabled to complete the Questionnaire. The Respondent is always informed about who invited them to the Questionnaire.

4.21. If the Respondent does not agree to share the results with the Customer, this does not affect the Respondent’s authorisation and possibility to complete the Questionnaire in their own Subscription in Individual mode without sharing the Questionnaire result with the Customer who invited them to complete the Questionnaire.

4.22. Each Questionnaire may be completed by each Respondent only once.

5. PRO PLAN

5.1. The Pro Plan is intended for natural persons over 15 years of age who will use the Platform services for their personal needs. This Subscription may not be used for commercial purposes.

5.2. The personal need referred to in the preceding paragraph shall not affect the possibility of providing Questionnaire results to a third party or sharing Questionnaire results with a third party designated by the Customer.

5.3. To use the Pro Plan services, the Customer is obliged to create a Subscription by switching from the LITE Plan, by selecting the appropriate plan and choosing the option "Order with obligation to pay". The Customer then fills in the required information, such as first name, surname, e-mail and password.

5.4. Creating a Subscription is free of charge.

5.5. Use of the Pro Plan is conditional upon payment of the Price at least for the first Billing Period.

5.6. When creating the Subscription, the Customer simultaneously creates a User Account or assigns a previously created User Account to the Subscription.

5.7. The Customer is obliged to fill in the Subscription details truthfully and completely and to keep the details current and accurate throughout the entire registration period. The Customer may correct and change the details in the Subscription at any time.

5.8. The User is obliged to fill in the User Account details truthfully and completely and to keep the details current throughout the entire registration period. The User may correct and change the details in the Subscription at any time.

5.9. By creating the Subscription, the Customer expresses consent to these GTC and the Framework Agreement is concluded, which is concluded for an indefinite period and electronically in one of the supported languages selected by the User. Information about the Subscription and its content is located in the Settings section, where the User may manage it independently. All approved legal documents are located in the Account Settings section.

5.11. Under the Pro Plan, it is always necessary to pay the Price at least for the first Billing Period. In addition, it is always possible to purchase Premium Queries or another product after logging into the User Account.

5.12. The Customer is provided with a summary of the selected order for the given paid service (purchase of Premium Queries or another product) and is provided with basic information and data about the Agreement.

5.13. If the Customer agrees with the order summary, the Customer places a binding order for the paid product or service by clicking the "Order with obligation to pay" button.

5.14. By placing a binding order for a paid product or service pursuant to the preceding paragraph, the Customer undertakes to pay the Price according to the Price List.

5.15. Upon due payment of the Price, a Partial Agreement for the given paid service (product) is concluded. Use of the ordered paid service (product) is enabled for the Customer only after full payment of the Price.

5.16. After all the above conditions have been met, the User within the Subscription is enabled to start using the functions associated with the given paid service (product), purchase additional Premium Queries or use other purchased products. Each Questionnaire may be completed by a Respondent only once.

5.17. The Questionnaire results are stored in the Subscription and the Customer may view them at any time, combine them, compare them or otherwise work with and display them.

5.18. Under the Pro Plan, it is not possible to invite other persons within the Subscription.

6. LITE PLAN

6.1. The LITE Plan is intended for natural persons who wish to complete one of the free Questionnaires for their personal needs, without registration.

6.2. In the LITE Plan, the Customer does not provide the Provider with any personal data.

6.4. After completing the Questionnaire, the Customer is shown the result with a return hyperlink in case the Customer wishes to return to the result.

6.5. The Customer acknowledges that Questionnaires completed in the LITE Plan and interpretations of their results have a lower informative value than Questionnaires and functions available in the paid versions of the Subscription. These are sample, indicative Questionnaires that do not use such sophisticated evaluation methods. Selected Platform functions may also not be available.

7. PRICE

7.1. The Customer is obliged to pay the Provider the Price for each Billing Period according to the Price List.

7.2. The Price List is available on the Provider’s website https://www.talk2amy.com and its relevant part is also presented to the Customer before the binding order of the given paid service (product).

7.3. The Price is paid by direct payment through the payment gateway of an external company on the basis of the user’s consent to a recurring payment. Payment then occurs automatically and repeatedly at the beginning of each Billing Period. Once payment has been made, the Customer is allowed to continue using the given paid service (product). Automatic payment debiting is terminated once the Customer cancels the subscription.

7.4. When switching from the Pro Plan to the Premium Plan, the Customer shall pay the difference in the price of both plans. This difference is further multiplied by the ratio of the remaining days of the Billing Period to the total number of days of that period.

7.5. In the paid versions, it is also possible to purchase additional Premium Queries, which enable querying the AI assistant even if the Customer (or other persons) exhausts the query limit for the given Billing Period within the given paid version of the Subscription. If the Customer purchases Premium Queries on a one-time basis, these are used only if the User(s) have already exhausted the queries available to them under the given paid subscription for each Billing Period (i.e. the one-time prepaid number of Premium Queries will be used only if the Customer has already exhausted those Premium Queries under their Subscription. If, with a new Billing Period, the number of Premium Queries under the purchased version is renewed, the one-time credited Premium Queries will not be used, but the Premium Queries under the given Subscription shall always be used primarily).

7.6. Proof of receipt of payment is provided to the Customer according to the terms of the external company operating the payment gateway, or by the Provider.

7.7. In the event of a refund of any payment or part thereof, the relevant part of the funds is stored as so-called credit. In the event of the purchase/use of any paid service or product, the price according to the Price List shall be reduced by the amount of the current credit.

7.8. If the Subscription is cancelled or terminated for any reason and the amount of the current credit is more than CZK 0, this credit shall be refunded to the Customer in full, no later than 14 days from the date of cancellation of the Subscription.

7.9. If the Subscription is cancelled or terminated for any reason, the Customer shall be refunded the proportional amount of the Price paid (calculated according to the number of days remaining until the end of the currently paid Billing Period), no later than 14 days from the date of cancellation of the Subscription. This shall apply analogously also if, at the moment of termination of the Subscription, the Customer has paid and as yet unused Premium Queries purchased on a one-time basis beyond their Plan.

8. QUESTIONNAIRE

8.1. At the beginning of the Questionnaire, the Respondent may be asked to provide certain further information about themselves. Providing such information helps with the evaluation of the Questionnaire, but is not necessary. Such information includes, for example, country of origin, age, gender, native language, etc.

8.2. The Respondent may interrupt completion of the Questionnaire at any time and return to completing the Questionnaire within 1 hour at the point where they interrupted it. If the Respondent does not return to completing the Questionnaire within 24 hours, the completion history is deleted and the Respondent must complete the Questionnaire from the beginning.

8.3. Questionnaires are evaluated automatically and the results are available immediately after completion of the Questionnaire.

8.4. Questionnaires and Questionnaire results serve only for informational purposes.

8.5. The digital content of the Platform and its functions require the User to have hardware and software equipment enabling the opening and playback of digital content within an internet browser. To use the digital content, it is necessary for the User to be connected to the internet with sufficient speed and to be physically located in a country where the Platform services are provided.

8.6. The Customer and the Respondent (as well as other persons) acknowledge that Questionnaire results are created on the basis of statistics and prediction and therefore cannot under any circumstances be considered an assessment of the Respondent’s health or psychological condition. If the Questionnaires were evaluated using a methodology other than that used by the Provider within the Platform, the results could differ.

8.7. In the event of any concerns about health or psychological condition, it is necessary to consult a physician. The Platform does not replace the services of counselling or clinical psychologists. The activity of the Platform does not constitute the provision of healthcare or other similar services under applicable legal regulations.

8.8. Questionnaire results do not replace a diagnosis or any other assessment of an individual’s psychological or health condition; only a physician is competent to do so.

8.9. Within the provision of the Services, certain outputs (e.g. interpretations of answers, summaries, recommendations) may be generated by artificial intelligence (AI).

8.10. If you communicate with Amy or with automated interpretation, you are communicating with AI, not with a human being. AI outputs are indicative, may be inaccurate and are intended to serve exclusively as supporting information. If the service is used in an environment with a potentially significant impact on individuals (e.g. HR), AI outputs must not be the sole criterion for decision-making. The Customer is always obliged to ensure supervision and verification of the relevance of the conclusions by a person authorised to do so.

8.11. The personality profile is based on the specific model used, not on objective reality. A person’s personality, preferences and behaviour may change over time, depending on environment, stress, experience or motivation. Outputs therefore capture only probable tendencies based on the available information at a given moment.

9. RIGHTS AND OBLIGATIONS OF THE PROVIDER

9.1. The Provider shall not bear any liability for non-functionality or reduced functionality or operability of the Platform caused by a failure or other obstacles for reasons on the part of a third party (power outage, data network outage, etc.), force majeure, or planned or unplanned Platform downtime for the purpose of inspection or maintenance of hardware, software or websites.

9.2. The Provider reserves the right to provide services only in selected countries.

9.3. Subscription functions and/or the Price may differ within selected countries.

9.4. The Provider shall not bear any liability for any decision made by the Customer or User or any person acting on behalf of the Customer on the basis of Questionnaire results or by using other products or in connection with them.

9.5. The Provider does not guarantee in any way or to any extent, and shall not be liable for the fact that following the Questionnaire results and acting, even if such action is in accordance with them, will bring the given Respondent any benefit, advantage, success or failure, whether in the Respondent’s working or personal life.

9.6. The Provider shall not bear any liability for any decisions made by the Customer or any other person on the basis of the Questionnaire result.

9.7. The Provider shall take measures, using available hardware and software means, to secure the operation of the Platform and the stored Customer data, taking into account in particular the nature, scope, context and purposes of data processing, the costs of implementation, and the varying likelihood and severity of risks.

9.8. The Provider reserves the right to refuse registration or creation of the Customer’s Subscription, even without giving reasons.

9.9. The Provider stores and further analyses anonymous and anonymised data to which it has access in connection with the operation of the Platform. Such data is not connected or connectable with any Customer, Respondent or other person within the provision of the Platform services, whether a natural or legal person.

9.10. The Provider undertakes to retain data in the Subscription for a maximum of one year from the date of the last one-time payment; subsequently, all data in the Subscription may be deleted; the retention period for some other data may differ (logs for two years, etc.). If no payment is made, the Provider retains data within the Subscription for a maximum of one year from the date of creation of the Subscription.

9.11. The Provider shall not be liable for any harm caused by the use of outputs from the Platform, to the full extent (or to the maximum extent permitted by law). In particular, the Provider shall not be liable for any harm caused by the use of outputs from the Platform without proper verification, by incorrect interpretation of results, by decisions made on the basis of Platform results, or by incomplete or inaccurate inputs provided by the Customer or another person.

10. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

10.1. The Customer agrees that the Agreement is concluded remotely by means of distance communication.

10.2. The Customer has the right to terminate the Agreement at any time without giving reasons by terminating the Subscription by clicking the "Cancel subscription" button in the account section (the “head” icon in the upper right corner) under "Subscription management\Termination". The Customer acknowledges that by terminating the Subscription, the Customer will lose all stored results and purchased paid Questionnaires or other products, without any right to compensation.

10.3. The Customer is further entitled to withdraw from the Agreement within 14 days of its conclusion without giving reasons, by clicking the "Withdraw from contract" button in the account section (the “head” icon in the upper right corner) under "Billing and payments\Overview & settings", or by delivering the withdrawal from the Agreement to the Provider (by registered mail or by e-mail provided by the Customer during registration). The Customer is also entitled to withdraw from the Agreement if the Provider is in delay with making the digital content available, provided that the Provider does not fulfil its obligation without undue delay after being requested to perform by the Customer or within an additional period expressly agreed by the Contracting Parties.

10.4. A Customer whose right has been affected by an unfair commercial practice may, in addition to claims arising from the Civil Code

10.4.1. withdraw from the Agreement within 90 days from the date of conclusion of the Agreement, or

10.4.2. demand a reasonable reduction of the Price to an extent corresponding to the nature and seriousness of the unfair commercial practice.

10.5. The model withdrawal form attached as Annex No. 1 to these GTC may be used for withdrawal and sent to the address stated therein.

10.6. If performance has already been provided, the Customer shall not be entitled to a refund of the paid proportional part of the Price for services used before withdrawal from the Agreement.

10.7. The Customer, User in any position and Respondent undertake to maintain confidentiality regarding the content and structure of the Questionnaires, the functionality and know-how of the Platform and not to disclose such information directly or indirectly under any circumstances or by any means, or otherwise communicate it to third parties, or otherwise use it directly or indirectly other than for their own needs, without the Provider’s prior written consent; otherwise, they shall compensate the Provider, or third parties, for any damage thereby caused.

10.8. The Customer, User in any position and Respondent undertake not to distribute, store, copy, modify or further process the content of the Questionnaires or the Platform interface. The Customer is aware that the Platform content, including texts and Questionnaires, design, graphics, images and file arrangement, is protected by copyright.

10.9. The procedure under the preceding paragraphs of these GTC shall not affect the Customer’s right to provide Questionnaire results to a third party or to share such results with a third party, to which the Respondent must give consent.

10.10. The Customer and User must ensure that their login credentials to the account are not misused and are obliged to protect them, as well as to use sufficiently strong and secure passwords.

10.11. The Customer is entitled to exercise rights arising from defective performance in writing with the Provider at the address of its registered office or at the e-mail address support@talk2amy.com.

10.12. The Customer undertakes to use the Platform and all services under these GTC for their own personal needs, not for commercial needs.

11. UPDATES AND CHANGES TO DIGITAL CONTENT

11.1. The Provider shall carry out and provide the Customer with updates to the Platform’s digital content that are necessary for the Platform to be free from defects, and the Customer shall be notified of their availability.

12. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

12.2. The Customer may notify a defect that appears or occurs in the digital content during the duration of the obligation.

12.3. If a defect occurs in the Platform, the Customer is obliged to provide the Provider with the necessary cooperation to a reasonably required extent to verify whether the defect occurred as a result of the Customer’s unsuitable digital environment. If the Customer refuses to provide cooperation, it is for the Customer to prove that the Platform has defects.

12.4. Rights arising from defective performance are exercised in writing by sending them to the e-mail address support@talk2amy.com or to the address Mongata s.r.o., Company ID No.: 089 60 585, with its registered office at Plynární 1617/10, Prague 7, Postal Code 170 00.

12.5. If the Platform has a defect, the Customer may request its removal, unless this is impossible or disproportionately costly; this shall be assessed in particular with regard to the significance of the defect and the value that the digital content would have without the defect.

12.6. The Provider shall remove the defect within a reasonable time after it has been notified, so as not to cause significant inconvenience to the Customer, taking into account the nature and purpose of the digital content. In general, the Provider is obliged to respond to the exercise of rights arising from defective performance no later than within 30 (thirty) days from the date of exercise. This period shall be extended by the time during which the Provider was not supplied by the Customer with documents necessary for handling the Customer’s exercise of rights arising from defective performance and by the time necessary to obtain statements from third parties, in particular experts, law enforcement authorities or other state authorities or institutions.

12.7. Unavailability, non-functionality or limited functionality of the Platform shall not be considered defective performance if the Customer does not meet the minimum conditions for its functionality within the meaning of paragraph 3.8 of these GTC.

13. OUT-OF-COURT DISPUTE RESOLUTION

13.1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 00020869, website address: www.coi.cz, is competent for out-of-court resolution of disputes arising from Agreements with consumers.

13.2. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes arising from Agreements between the Client, who is a consumer residing in another Member State of the European Union, and the Provider.

13.3. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website address: www.evropskyspotrebitel.cz, is the contact point for online dispute resolution within the meaning of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, while it performs the functions within the meaning of this legal regulation only if the parties to the dispute do not have their habitual residence (registered office) in the same Member State of the European Union.

14. CONFLICT-OF-LAWS PROVISIONS

14.1. The Agreements shall be governed by the legal order of the Czech Republic.

14.2. If the Customer is a consumer with habitual residence in a state that is a contracting party to Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I Regulation), the provisions of the state in which the consumer has habitual residence, from which derogation by agreement is not permitted, shall prevail over the legal order of the Czech Republic.

14.3. All disputes arising from the Agreements shall be resolved by courts whose jurisdiction is governed by Article 17 et seq. of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

15. FINAL PROVISIONS

15.1. If any provision of these GTC is contrary to mandatory provisions of legal regulations valid and effective in the Czech Republic or international standards, the provisions of such regulations and standards shall apply, without affecting the validity of the remaining arrangements of these GTC or the validity of these GTC as a whole.

15.2. The Contracting Parties expressly declare that the provisions of these GTC that differ from the provisions of the Civil Code or other legal regulations have been agreed in such deviating manner knowingly and, at the same time, declare that such deviating provisions are not contrary to good morals, do not violate public order or rights relating to the status of persons, including the right to protection of personality, and have been agreed fairly.

15.3. This amendment to the GTC is required by new Platform functionalities, in particular as regards services related to the use of the AI assistant Amy. Agreements concluded under the conditions of previous versions of the GTC shall remain in force in the version in which they were concluded until the end of the calendar year 2026. Subsequently, the Customer must switch to the Pro Plan or Premium Plan under these GTC; otherwise, the Customer may cancel their Subscription at any time. The Customer may switch to one of the specified Subscription versions at any earlier time.

15.4. These GTC are effective as of 30 April 2026.