General Terms and Conditions - GTC
of Company Mongata s.r.o., Reg. No.: 089 60 585, with registered office at Plynární 1617/10, Prague 7, ZIP Code 170 00, Czech Republic, entered into the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 328252
for Talk2amy Platform (for entrepreneurs)
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") form an integral part of any contract concluded between the Provider and the Customer. Where a contract is referred to, this also means these GTC.
1.2. These GTC are an integral part of the General Agreement, which is concluded when establishing the Subscription and the User Account, with these GTC further regulate the rights and obligations of the parties. This also applies to the Sub-Contract, which is concluded when the Customer adds a Profiled Person, purchases a Questionnaire, Plan or other product.
1.3. The Contracting Parties may derogate from these GTC by agreement between the two Contracting Parties, i.e. the contracting parties can agree in writing that some of the provisions of the GTC are not applied or are applied differently; if there is no agreement to change the GTC in the sense of the previous sentence, the contractual relationship is governed by the current wording of the GTC and the Provider is entitled to unilaterally change the GTC in accordance with the determination of point 1.5 of these GTC.
1.4. In the event of a conflict between the GTC and a particular Contract, priority shall be given to the wording of a particular Contract.
1.5. The Provider is entitled to change these GTC unilaterally. The Provider shall inform the Customer of this change no later than 14 (fourteen) days before the change takes effect. The Customer has the right to refuse the change of the GTC by written notification to the Provider delivered no later than 7 (seven) days before the change took effect. With this written notice, the Provider simultaneously terminates the Contract (Framework Agreement). In such a case, the notice period is 7 (seven) days.
1.6. These GTC contain references to the possibilities of purchasing in the Store and purchasing individually paid services, the provision of which the Contracting Parties agree to provide. These services are still being prepared and will be implemented gradually. It may therefore not be available at the time of publication of these GTC.
2. BASIC TERMS
2.1. The following capitalized terms have the following meanings in these GTC:
Administrator - a person who has permission to invite Members to manage Customer account and determine their scope of access and permissions as part of the Subscription. The Administrator is the person representing the Customer, who at the same time establishes and chooses the form of the Subscription.
Subscription - part of the resources and functions of the Platform defined by the Customer under the Contract and these GTC. In this section of the Platform, Customer may manage data and other people's access to such data and features. Subscription is established, changed, and managed by the Administrator for the benefit of the Customer. In marketing texts, the Subscription is also referred to as the "environment".
Price - price for the Plan and, where applicable, paid Questionnaires, price for the Profiled persons and price for other Products set by the Provider's price list
Member - a natural person to which the Administrator has granted permission to the Subscription and who has accesses and permissions according to the scope specified by the Administrator; a Member with permission to invite Guests/Clients to complete questionnaires is called Supervisor
Sub-contract - a sub-contract for the provision of services consisting in the provision of services (in particular the execution of Questionnaires) by the Provider concluded between the Provider and the Customer on the basis of the General Agreement
Guest - a natural person whom the Customer invites as part of the Subscription to complete questionnaires without the need for registration
Customer - the person with whom the Provider concludes a Contract. In Professional and/or Company mode, this is the person to which the Price is invoiced. The Customer within the meaning of these GTC is not a consumer (this is a natural person who does not act as a part of his/her business activity or independent professions). The Customer is always a company or an entrepreneur (a natural person doing business), in the position of (i) employer in the case of the Company mode or (ii) a professional in the case of the Professional mode. Professional provides services to their employees, job candidates or Customers or clients; the Company and Professional modes are further defined in Article 4 of these GTC.
Provider - Mongata s.r.o., ID: 089 60 585, with registered office at Plynární 1617/10, Prague 7, zip code 170 00, Czech Republic
General Agreement - a framework service contract concluded between the Provider and the Customer, which envisages the conclusion of Sub-contracts
Contract - General Agreement, Sub-Contract, and Anonymous Agreement; any Contract is concluded for an indefinite period
Questionnaire - online questionnaire, test, or survey for the purpose of personality profiling and analyzing their character and other characteristics provided by the Provider within the Platform; the Questionnaire may be paid or completed free of charge
User Account (User) - an account within the Platform that contains a username, password, and personal settings. With this account, the individual authenticates him/herself within the Platform. A single User can be part of multiple Subscriptions. The roles assigned to the User may differ between Subscriptions. Within one Subscription, the User may hold multiple roles
Client - a natural person whom the Administrator/Supervisor invites to register his/her own User Account and to complete the Questionnaire
Store - functional part of the Subscription, where the Administrator can purchase additional Questionnaires and other products
Billing Period - specifies the time unit within which offered Plans are billed. This period shall start on the date of first payment of the first Plan and shall end on the same day of the following month. If the following month does not have this date (e.g. a transitional year), the last day of that month ends. For simplicity, the offer refers to the monthly period as the 'month'
Partner – a company that has a contract with the Provider on the basis of which it resells the Services of the Platform. A Customer using the Platform through a Partner pays for the Platform's services through invoices issued by the Partner. In some cases, the Provider itself may also have the role of Partner
Plan - defines the Platform's services and their Price per Billing Period. The Price for the Plan is either charged regularly from the Customer's bank account in case of automatic invoicing or is paid by invoice to the Partner until the Customer cancels the Subscription or changes the Plan for another
Profiled Person - Client or Guest who fills in a paid or unpaid Questionnaire
Professional – mode of use of the Platform, in which the services of the Platform are mainly used by a psychologist, coach, mentor of different levels and different education, including clinical psychologist, as well as counselling psychologist or any advisor performing an activity on the basis of the relevant trade. Professional also includes a company providing the aforementioned services.
Company – mode of use of the Platform, in which the services of the Platform are used by a legal entity or an entrepreneur for its employees, candidates or third parties
Individual – mode of use of the Platform in which individual natural persons use the Platform services for themselves or for other natural persons who have designated
Authorized Person - a User to whom the Customer allows to perform certain activities in the User Account through the assignment of roles
Contracting Parties - Customer and Provider
3. SPECIFICATIONS OF SERVICES
3.1. The Platform is a support psychological Platform based on statistics and artificial intelligence that helps people understand and further develop and work with their personality. The Platform also allows you to work with other people's personality profiles, teams/groups and the whole company.
3.2. Based on Questionnaires and other inputs, the Platform creates a profile of the personality with whom it continues to work within the Profiled Person and, according to User‘s choice, compares the results with the selected profiles, creates development Plans, etc.; the personality profile is created exclusively on the basis of Questionnaires and other inputs. It is the responsibility of the Profiled Person to provide true, correct, current and complete data in the Questionnaire or other inputs.
Subscription with pre-selection of the Plan will subsequently be established by the Provider based on the request from the respective person, and an invitation for registration into this Environment will be sent. The invitation takes the form of a hypertext link and is typically delivered by email.
3.5. During registration into the Environment, the respective person will set up a User Account and fill in the required information, such as name, surname, email, and password.
3.6. After registration, a confirmation request for the account is sent to the provided email via a hyperlink. The user account is activated and thus created regardless of clicking on the hyperlink. Clicking on the link confirms the email address.
3.7. Next, the Administrator selects the corresponding Plan. By confirming the order of the paid Plan (after one month according to paragraph 4.7), in case of purchase of other Products in the Store, the Customer is obliged to pay the Price according to the valid Price list via the payment gateway or invoice; this also applies if the Profiled Person is added, for which Price is paid.
3.8. The services provided by Platform and described in these GTC may vary depending on the Subscription type and the Plan selected, and also vary according to the level of the Plan.
The Customer acknowledges that if the device on which he/she uses or wants to use the Platform does not meet the above conditions, the Provider does not guarantee the full /proper functioning of the Platform.
4. COMPANY AND PROFESSIONAL
4.2. To use the Platform's services, the Customer (or a person authorized to act on their behalf) is required to request the Provider to create their Subscription. The request can be sent either through the web form at https://talk2amy.com/Web/BusinessInquiry or via the email address firstname.lastname@example.org. The Subscription is established by the Provider based on information from the Customer's representative.
4.3. After creating the subscription, the Provider sends an invitation to the Customer's representative to register for the Subscription and appoints them as the Administrator of this subscription. During registration, the Customer's representative creates a User Account or may associate an existing User Account with the Subscription.
4.4. The Customer (Administrator) is required to fill out the registration form truthfully and completely and keep the information up to date throughout the registration period. The Customer can amend and change the information entered into the registration form at any time within the Subscription.
4.5. The creation of the Subscription is free of charge.
4.6. In the Subscription, the Customer's Administrator must fill in billing details to start using the paid Subscription. Furthermore, they can designate individuals authorized to manage the Subscription and grant access to other individuals for this Subscription, as well as define the extent of their permissions, appoint a Supervisor role, etc.
4.7. The use of the Subscription is free for a period of 1 month (trial version). During this time, either the Customer (Administrator) decides to start using the paid Plan within the Subscription according to the price list, or the Subscription is automatically terminated after 1 month.
4.8. Each User registering for the Platform is required to fill in User Account details truthfully and completely and keep the information up to date throughout the registration period. Users can amend and change the information entered into the registration form at any time within the Subscription.
4.9. After submitting User Account details, a confirmation email with a link is sent to the User's provided email address. Using the link verifies the entered email address. If the User does not verify the email address through the confirmation email, they are not allowed to enter payment details. The message about the need to verify the email address also appears every time the User logs into the Platform. Verifying the email address does not affect the creation of the User Account.
4.10. By registering for the Subscription, the Customer's representative expresses consent to these GTC, and the Framework Agreement for an indefinite period is concluded with the Customer 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 can manage it. The management of Profiling Persons is carried out in the corresponding sections of the application (Clients, Candidates, Employees, etc.). All agreed legal documents are found in the Account Settings section.
4.12. The Customer is always responsible for processing any e-mail address of the Member (or Profiled Person) as personal data according to the relevant legal regulations, as well as other personal data that he/she enters in the Platform.
4.13. You must always choose the appropriate Plan within the Subscription. The Plan can be changed at any time after logging in. The Administrator can purchase a paid Plan or change Plan in the " Settings\Billing" section, and then purchase a Questionnaire or other product in the "Settings\Store" section by clicking on the "Order with obligation to pay" button. Similarly, the Authorized Member in the Platform may add Profiled Persons.
4.14. By binding ordering of the given Plan, Questionnaire or other Product according to the previous paragraph (including change or addition of Profiled Person) (or by binding ordering of a Plan, Questionnaire or other product via e-mail), the Customer (Administrator) undertakes to pay the Price for the given Plan, Questionnaire or other Product according to the valid Price list (in case of automatic invoicing, the relevant financial amount is withdrawn via the registered payment method). In the case where the Services of the Provider are offered by a third party(Partner), a binding order for the given Plan of the Questionnaire or another Product pursuant to this paragraph creates an obligation for the Customer to pay the Price to that third party (Partner of the Provider) on the basis of the invoice issued instead of the Provider, in the amount determined by that third party (Partner of the Provider) (The Price according to these GTC is not applied); In this case, the Partner is the payment point.
4.15. Due payment of the Plan concludes a Sub-contract for the given Plan. In the case of purchase of a Questionnaire or other Product (including the addition of a Profiled Person), a Sub-contract is concluded by binding order of such a Questionnaire or other Product; The Customer undertakes to pay the relevant Price together with the payment closest to the following payment of the Plan (in the case of automatic invoicing, the relevant amount is charged to him/her together with the next payment for the Plan).
4.16. After fulfilling all the above conditions (i.e. especially after paying the relevant Price in case of purchase of the Plan, binding order of the Questionnaire, binding addition of the Profiled Person or binding ordering of another paid Service), the Customer is allowed to start using the functions associated with the paid service (production of the paid service) within the Subscription and other persons according to their team roles). In the event that the Customer purchases a paid Questionnaire or other Product that can be used for multiple Profiled Persons, he/she is entitled to assign this Questionnaire to the Profiled Person of his choice or to more Profiled Persons of his choice. These Profiled Persons can complete the Questionnaire after logging using their User Account. The Questionnaire can only be completed once by each Profiled Person if the Customer does not use a paid service that allows the questionnaire to be completed multiple times.
4.17. An Authorized Member, typically a Supervisor, can invite the Guest to complete the Questionnaire by creating a Guest card and clicking on the "Invite to Talk" button. During this process, the authorized Member fills in the e-mail and other details of the Guest to whom it wishes to send the invitation. The Customer is always responsible for processing the Guest's e-mail address as personal data in accordance with the relevant legal regulations, as well as other personal data that he/she provides in the Platform.
4.18. A Guest who receives a unique hyperlink is redirected to the Platform by clicking on this link and will be allowed to complete the Questionnaire, provided that he/she agrees to share the result of the Questionnaire with the Customer who invited them to complete the Questionnaire. The Guest is always informed about who invited him/her to the Questionnaire.
4.19. If the Guest does not agree to share the results according to the previous paragraph, this does not affect his/her permissions and the possibility to conduct the Questionnaire in their own Subscription mode in Individual mode. However, he is not allowed to continue as a Guest in the Subscription of the Customer who invited him/her to perform the Questionnaire.
4.20. After completing and submitting the Questionnaire by the Guest, the Authorized Person will be informed of its completion by e-mail (if he/she does not switch off this option in the Account Settings) and the results will be available to him/her according to the permissions of that Member in the section dedicated to the specific Guest. The Guest is not informed of the results of the Questionnaire unless the Customer informs him/her of the results.
4.21. An Authorized Member, typically a Supervisor, may also invite to the Client Subscription by creating a Client card in the Subscription and clicking on the "Invite to Talk and Show Results" button. During this process, the Authorized Member fills in the e-mail and other data of the Client to whom he/she wishes to send the invitation. In this case, the Customer is responsible for processing the Client's e-mail address as personal data according to the relevant legal regulations, as well as other personal data that he provides in the Platform.
4.22. The Client who receives a unique hyperlink is redirected to the Platform by clicking on this link into the registration process, where he/she creates a User Account and can start using the Subscription within the scope of his/her permissions. Within the registration, the Client sees the identification of the inviting Customer and consent is required to share the future results of the Questionnaire with the Responsible Persons of the Customer. If the Client does not agree to share the results, these results will not be displayed to the Customer and the Client still has the opportunity to work with them; the Client's disapproval does not affect his or her permissions and the possibility to conduct the Questionnaire in his own Subscription in Individual mode. The Client has access to the results of his/her Questionnaire.
4.23. An Authorized Member, typically a Supervisor, may assign Questionnaires to the Client, which he/she may subsequently fill out using the Platform. In the event that the Customer purchases a paid Questionnaire or other Product that can be used for multiple Clients, he/she is entitled to assign this Questionnaire to one or more Clients of his choice. These Clients can fill out the Questionnaire by logging into their User Account; the Client will know about the assignment of the Questionnaire by e-mail or by logging into the User Account.
4.24. After completing and submitting the Questionnaire by the Client, his/her results will be available to the responsible Members according to their permissions in the section dedicated to a particular Client. The Client sees the interpretation of his/her results in the section "Me".
4.25. In both Company mode and Professional mode, the Customer can use so-called external orders, in which other (third) persons who are being tested for the third party are tested, but not for the Customer; The Customer may not create or test his own Profiled Persons under within the external contracts.
5.1. The Customer is obliged to pay the Provider for the Platform's services the Price according to the price List, or the price determined by the Partner of the Provider, which offers the Services of the Provider.
5.2. The price list in the sense of the previous paragraph is the subject of agreement between the Contracting Parties and is part of the Contract (hereinafter referred to as the "Price List").
5.3. The Price is paid by direct payment via the payment gateway of an external company. Payment for the Plan occurs automatically monthly before the beginning of the next Billing Period, with the payment being made for this Billing Period. If the Customer selects Plan, which is with a commitment for a specified period (e.g. 1 month, half a year, etc.), the Customer undertakes to pay the Price for the entire duration of the given obligation. Automatic payment pursuant to this paragraph does not take place if the payment point is the Partner (i.e. payment takes place through the Partner) and/or if the Customer chooses the manual invoicing option; in the case of manual invoicing, the Price is paid by the Customer directly to the Provider's account on the basis of an invoice.
5.4. Registration of the payment method with a sufficient financial amount according to the given Plan and Price List is a condition of use of the Platform, if the manual invoicing service is not used or the price is not paid through the Partner of the Provider. By concluding the Contract, the Customer undertakes to keep on the registered payment method at least such a financial amount, which is responsible to Price for the purchased Plan.
5.5. The Price for the current ordered Plan according to the valid Price list will always be withdrawn before the start of the corresponding monthly Billing Period (in case of automatic invoicing), otherwise the Customer is obliged to make payment according to the invoice.
5.6. If the Price for the given Plan, Questionnaire or other product is not paid, even within 14 days, the Customer will not be provided with the Services of the Plan and the Subscription will be automatically cancelled without compensation upon expiry of this period. At the same time, all data in the Subscription will be deleted.
5.8. The Price for the Questionnaire or other Product not included in the Plan will be withdrawn according to the valid Price list (including the addition of Profiled Person) at the end of the current Billing Period together with the closest scheduled payment for the following period. This does not apply if manual invoicing is chosen, in which case the Customer undertakes to pay the relevant Price within the due date of the Plan for the following period (i.e. within the due date of the next payment).
5.9. If the Customer purchases a specific paid Questionnaire, its use may be accessed later, but no later than one year after purchase, i.e. it is not necessary to complete the Questionnaire immediately.
5.10. Proof of receipt of payment is provided to the Customer according to the conditions of an external company operating the payment gateway, the Provider or a Partner of the Provider.
5.11. In the event of a refund of any payment or part thereof, the relevant part of the funds is deposited as a so-called credit. In case of drawing on any service that is paid, the Price according to the Price List will be lowered by the amount of the current credit.
5.12. In the event that for any reason the Subscription is cancelled or terminated, and the amount of the current credit is more than CZK 0, this credit will be fully refunded.
5.14. The Customer is obliged to pay the Price for all Clients/Guests that he has listed in the Platform, after one month of using the Platform (i.e. after the end of the trial version) according to the Price list. The Customer may remove Profiled Persons from the Platform before the end of one month (trial version).
6.1. At the beginning of the Questionnaire, the Profiled Person may be requested to provide more detailed information about himself/herself. Filling in this data greatly helps to evaluate the Questionnaire, but it is not necessary. These data are e.g. country of origin, age, gender, native language, etc.
6.2. The Profiled Person may interrupt the filling out of the Questionnaire at any time and return to the Questionnaire where it was interrupted within 1 hour. If the Profiled Person does not return to complete the Questionnaire within 24 hours, the filling history will be erased, and the Profiled Person must complete the Questionnaire from the beginning.
6.3. Questionnaires are evaluated automatically, and the results are available immediately after the questionnaire is completed.
6.4. Questionnaires and results of questionnaires are for informational purposes only.
6.5. The Digital Content of the Platform and its functionality require that the User or Guest has at their disposal hardware and software to open and play digital content within the Internet browser. In order to use digital content, it is essential that the User or Guest is connected to the Internet with sufficient connection speed (minimum 5Mbps, optimally 10Mbps) and is physically in the country where the Platform services are provided.
6.6. Both the Customer and the Profiled Person (as well as other persons) acknowledge that the results of the Questionnaire are based on statistics and predictions and cannot in any way be considered as an assessment of the health or mental state of the Profiled Person. If the Questionnaires were evaluated using a different methodology than the one used by the Provider within the Platform, the results could be different. If the Questionnaires were evaluated using a different methodology than the one used by the Provider within the Platform, the results may be different.
6.7. In case of any concern for a medical or psychological condition, it is necessary to contact a doctor. The Platform does not replace the services of counselling or clinical psychologists. The Platform's activities are not the provision of health or other similar services according to the relevant legislation.
6.8. The results of the Questionnaires do not replace the diagnosis or other assessment of an individual's mental or health condition; only the doctor is competent to do so.
6.9. The Provider does not share the answers to individual questionnaire questions with the Customer and uses them only to evaluate the personality of the Profiled Person.
7. RIGHTS AND OBLIGATIONS OF THE PROVIDER
7.1. The Provider shall not be liable for any malfunction or reduction of functionality or functionality of the Platform caused by a malfunction or other obstacles due to third-party reasons (power outage, data network, etc.), force majeure or planned or unplanned shutdown of the Platform for the purpose of checking or maintaining hardware, software or websites.
7.2. The Provider reserves the right to provide Services only in selected countries.
7.3. Subscription and/or Price may vary across selected countries.
7.4. The Provider shall not be liable for any decision made by the Customer or the User or any person acting on behalf of the Customer on the basis of the results of the Questionnaires or the use of other products or in connection with them.
7.5. The Provider shall not be liable and does not guarantee in any way and to any extent that following the results of questionnaires and negotiations, even if such action is in accordance with them, will bring any benefit, advantage, success or failure to the Profiled Person, either in the work or in the Profiled Person's personal life.
7.6. If the Customer is an employer and a Profiled Person is an employee or a job candidate, the Provider shall not be liable for any decisions made by the Employer towards the Profiled Person on the basis of or in connection with the Questionnaire. Any steps taken by the employer, even if they are taken in accordance with the outcome of the Questionnaire, are fully available to the employer. This also applies if the Customer is in Professional mode.
7.7. The Provider shall take measures by available hardware and software means to ensure the operation of the Platform and availability of the stored Customer's data, taking into account in particular, the nature, scope, context and purposes of data processing, implementation costs, as well as how likely and serious the risks are.
7.8. The Provider reserves the right to refuse to register or create a Customer Subscription, even without giving reasons.
7.9. The Provider stores and further analyzes anonymous and anonymized data to which it has access in connection with the operation of the Platform. This data is not linked to or identify any Customer, Profiled Person or other person in the provision with the Platform's service, either physically or legally.
7.10. The Provider undertakes to hold the data in the Subscription for a maximum of one year from the date of the last payment, after which all data in the Subscription may be deleted; the retention period of some other data may be different (logos for two years, etc.). In the event that no payment is made, the Provider holds data within the Subscription for a maximum of one year from the date of establishment of the Subscription.
8. CUSTOMER RIGHTS AND OBLIGATIONS
8.1. The Customer agrees that the Contract is concluded in a distance manner through distance communication.
8.2. Customer has the right to terminate the Agreement at any time without giving reasons, by terminating the Subscription by clicking on the "Cancel Subscription" button in the "Settings\Manage Subscription\Cancellation" section. The Customer acknowledges that by terminating the Subscription, he/she will lose all stored results and purchased paid Questionnaires or other products, without any right to compensation. If a Time Commitment Plan has been selected by Customer in the Subscription, the Subscription will not be terminated until the expiry of that obligation. Until then, he/she will see information in the Subscription after logging in that the Subscription will end and also the Customer is obliged to pay the Price (if the Plan is paid).
8.3. The Customer, the User in any capacity and the Profiled Person undertake to maintain confidentiality about the content and structure of the Questionnaires, functionality and know-how of the Platform and will not disclose or otherwise disclose this information directly or indirectly under any circumstances or otherwise to third parties without the Prior Written Consent of the Provider; otherwise, it will reimburse the Provider or third parties for the damage caused by it.
8.4. The Customer, the User in any capacity and the Profiled Person undertake not to disseminate, store, copy, modify or further process the content of the Questionnaires or the Platform interface. The Customer is aware that the content of the Platform, including texts and Questionnaires, design, graphics, image and arrangement of files, is protected by copyright.
8.5. In accordance with the previous paragraphs of these General Terms and Conditions, the right of the Customer to transfer the results of the Questionnaires to a third party or share these results with a third party is not affected by these Terms and Conditions, for which the Profiling Person must give consent.
8.6. The Customer, Client and Member must ensure that their account login details are not misused and are obliged to protect them, as well as to use sufficiently secure passwords.
8.7. The Customer is entitled to exercise the rights from defective performance in writing with the Provider at the address of his registered office or at the e-mail address email@example.com.
8.8. If the Customer is a person providing services in the field of psychology or psychiatry and invites the person to whom he provides these services to complete the Questionnaire, the Customer declares that he/she has an appropriate level of education that allows him to work professionally with the Questionnaire or with its Results.
9. RIGHTS FROM DEFECTIVE PERFORMANCE
9.2. The Customer is obliged to inform the Provider about defective performance and to assert and prove the claim from defective performance without undue delay, no later than 1 month after the provision of the defective subject of performance from the Contract. If the Customer does not make a notification, does not make and does not establish a claim for defective performance within the specified period, this claim shall lapse.
9.3. In the event that a defect occurs on the Platform, the Customer is obliged to provide the Provider with necessary cooperation to the extent reasonably required to verify whether the defect occurred as a result of the Customer's unsatisfactory digital environment. If the Customer refuses to provide cooperation, it is the Customer's responsibility to prove that the Platform has defects.
9.4. Rights from defective performance are exercised in writing at e-mail firstname.lastname@example.org or at Mongata s.r.o., ID: 089 60 585, with registered office at Plynární 1617/10, Prague 7, zip code 170 00.
9.5. If it turns out that the defect can be eliminated, the Provider is obliged to eliminate the defect within 30 (thirty) days from the notification of the Customer's claim according to paragraph 9.2 of this article of the GTC. This period is extended by the time during which the Customer has not provided the Provider with the documents or information necessary to settle his claim from defective performance and by the time during which it is necessary to obtain the opinion of third parties, in particular experts, law enforcement authorities or other bodies or institutions. In the event, the defective performance is not eliminated within the specified period, the Customer has the right to withdraw from the Contract.
9.6. If it turns out that it is not possible to eliminate the defect, the Customer can request a discount from the Price.
9.7. Unavailability or malfunction or limited functionality of the Platform is not considered defective if the Customer does not meet the minimum conditions for its functionality within the meaning of paragraph 3.8. of these GTC.
9.8. In the event that the Partner of the Provider has undertaken to provide support to Customers, Customers shall contact the Partner of the Provider directly through which the Customer has concluded a Contract with the Provider and whose contact details show the User Interface of the Platform/User Account.
9.9. The contracting parties have agreed that in the event of defects in performance, the provisions of this article of the GTC shall prevail over the dispositive provisions of legal regulations.
10. UPDATE AND CHANGES TO DIGITAL CONTENT
10.1. The Provider will perform and provide the Customer with updates to the digital content of the Platform that are necessary to keep the Platform free of defects, and the Customer will be notified of their availability.
10.3. The Provider will inform the Customer about completed updates and changes to the Platform in the "What's New?" section.
11. COLLISION ADJUSTMENT
11.1. The Contracts are governed by the law of the Czech Republic.
11.2. All disputes under the Contracts will be settled by the competent courts of the Czech Republic.
12. FINAL PROVISIONS
12.1. The Parties expressly exclude the application of any Terms and Conditions of the Customer to any legal relations arising between the Provider and the Customer, even if the Customer has referred to or bequeaths to them in any way, even if they have been known to the Provider.
12.2. If any provision of these GTC would be contrary to the mandatory provisions of the Czech Republic of applicable and effective legislation or international standards, then the provisions of these regulations and standards will apply, but this does not affect the validity of the other arrangements of these GTC or the validity of these GTC as a whole.
12.3. The Contracting Parties expressly declare that the provisions of these GTC, which are different from those of the Civil Code or other legislation, are thus agreed knowingly by way of derogation and at the same time declare that these derogations are not contrary to good morals, do not violate public policy or the law concerning the status of persons, including the right to the protection of personality, and are agreed honestly.
12.4. These GTC are effective from February 15th, 2024.