General terms and conditions
The mutual rights and obligations of the User and the Operator arising from the use of the Application are governed by these Terms and Conditions:
1.1 In these terms and conditions:
1.1.1 "Operator" means Out of Dark a.s., Company ID: 19448937, with registered office at Varšavská 715/36, Prague 2, 12000.
1.1.2 "Application" means the Internet application called Out of Dark, whose main functionalities include the creation, monitoring and improvement of customer journeys and which is accessible from the Internet address [www.outofdark.com](http://www.outofdark.com/).
1.1.3 "GTC" means these General Terms and Conditions.
1.1.4 "Agreement" means the agreement entered into between the User and the Operator, the subject matter of which is to grant the User a License to use the Application on the terms and conditions set out in these GTC.
1.1.5 "Licence" means a non-exclusive licence to use the Application on the terms and conditions set out in these GTC.
1.1.6 "User" means any legal or natural person other than the Operator who uses the Application.
1.1.7 "User Account" means the non-public part of the Application that is accessible to the User after entering the Login Credentials and allows the User to use all or part of the functionality of the Application.
1.1.8 "Login Credentials" means the unique combination of the User's login name and password selected by the User, which the User stores in the Application's database when establishing a User Account through the Application and/or automatically generated by the Application for the User.
2. Process of concluding a contract for the use of the application
2.1 The display of the button entitled "Create Trial" in the user interface of the Application is a proposal for the conclusion of the Agreement by the Operator.
2.2 The User's click on the "Order Service" button constitutes the User's unconditional acceptance of the proposal to enter into the Contract and this act constitutes the conclusion of the Contract.
2.3 By clicking on the button within the meaning of 2.2, the User also agrees to these GTC and the Operator undertakes to inform the User of this in the user interface of the Application.
2.4 Upon conclusion of the Agreement, the following provisions of these GTC shall come into force.
3. Use of the application
3.1 The Operator grants the User a Licence to the extent and under the terms and conditions specified in the user environment of the Application, in particular those specified for the User Account type.
3.2 For granting the Licence, the User undertakes to pay the Operator a fee in the amount specified in the Application's user environment, and if no fee is specified for a particular type of use (especially for a given User Account), the Licence is granted free of charge.
3.3 In the event that the License is granted for a fee, the Operator shall have the right to provide performance of the Agreement (e.g. to make available a given part or functionality of the Application) only upon payment of the fee for granting the License, and if the User fails to pay the full amount of the fee for the License within the time period specified by the Operator, otherwise immediately, the Agreement shall be terminated without further delay from the beginning.
3.4 The Operator shall be entitled to make the User Account fully and/or partially inaccessible to the User upon expiry of the Licence Term.
3.5 The User is entitled to set up more than one User Account.
3.6 The User has no right to grant a sub-license to a third party to use the Application.
3.7 All financial transactions made through the Application or the payment gateway linked to the Application shall be deemed to have been paid by crediting the entire amount to the relevant bank account of the Operator.
3.8 The Operator has the right to shut down, modify and/or make the Application or any part thereof inaccessible at any time from the respective Internet address for any reason whatsoever. In such case, the User shall be entitled to a pro rata refund of the amount paid for the use of the Application.
3.9 The User is entitled to use the Application under the terms of the Agreement in the current version available from the relevant Internet address.
3.10 When using the Application, the User undertakes to act in such a way that neither the User nor the Operator will suffer any damage by using the Application.
4.1 The User is not entitled to use the Application to extract the database associated with the Application by machine (especially by means of so-called software robots).
4.2 The User and the Operator hereby agree that any data entered by the User into the database of the Application shall be part of the database collected by the Operator and shall become part of the Operator's database, without the User acquiring any right to the database of the Application by his actions described in this paragraph.
4.3 The Parties are aware, declare and make it indisputable that the Application fulfils the conditions of Section 562 (2) of the Civil Code, i.e. that the data records in the Application and its database as an electronic system are reliable and are carried out systematically and sequentially and are protected against changes.
5. Liability for damages
5.1 The provisions of this article of the GTC do not apply to consumers.
5.2 The User hereby expressly waives the right to compensation from the Operator for damages unintentionally or not due to gross negligence caused by the Operator's breach of any obligation of the Operator specified in the Agreement in connection with the performance of the Agreement or in these GTC.
6. Change of GTC
6.1 The User acknowledges that the Operator concludes the Contract in the ordinary course of business with a large number of persons and the Contracts are by their nature binding in the long term for repeated performances of the same kind with reference to these GTC. The Parties make it undisputed that the nature of the Operator's obligations under these GTCs implies and, prior to the conclusion of the Contract, already implied a reasonable need for a subsequent amendment to these GTCs.
6.2 The Parties hereby agree that the Operator may modify these GTC to a reasonable extent and also agree that the modification of the GTC shall be notified to the User, as the other party, by means of an e-mail message sent to the e-mail address entered by the User in the Application. In such case, the User shall have the right to reject the changes to the GTC and to terminate the subject obligation between the User and the Operator for this reason within a notice period of one (1) calendar month, which shall commence on the day following the dispatch of the notice, which the Parties hereby agree is sufficient to procure similar performance from another entity.
6.3 In the event that a new Agreement is entered into for an existing User Account (i.e., a renewal or extension of a User Account), such Agreement shall be governed by the GTC as in effect on the date of such Agreement.
7. Protection of personal data
7.1 The Operator is legally obliged to protect and secure the personal data provided. The Operator therefore uses various effective security technologies to protect personal data from unauthorised disclosure or use.
8. Mandatory information for consumers
8.1 This article of the GTC of the Terms and Conditions is only effective against the User who is a consumer. In particular, the provisions set out in this article of the GTC do not apply to sole traders or companies.
8.2 The Operator hereby informs the User that:
8.2.1 the address for the delivery of documents to the Operator is the same as the above mentioned address of the Operator's registered office;
8.2.2 the Operator's address for delivery of electronic mail is [firstname.lastname@example.org](mailto:email@example.com);
8.2.3 the Operator's remuneration for the Licence is set including all taxes and fees and the amount and/or method of calculation is set out in the Application;
8.2.4 The User is obliged to pay to the Operator the fee for the Licence, if the Licence is not provided free of charge, by one of the methods specified for the respective option in the user interface of the Application;
8.2.5 The User shall not incur any delivery costs;
8.2.6 Internet access and a web browser are required to use the Application;
8.2.7 in relation to the Operator, the User does not incur any costs for the use of remote means of communication;
8.2.8 the data on the conclusion of the Contract, including these Terms and Conditions, are stored in the database of the Application and the User has access to them through the User Account.
8.2.9 The User has the possibility to detect errors by checking the User Account;
8.2.10 correction of errors arising during data entry can also be done through the Application and, where the Application does not allow it, through the technical support whose contact is indicated in the Application;
8.2.11 the Operator complies with all applicable laws of the Czech Republic; no other codes are binding on the Operator;
8.2.12 The Operator does not use any means of out-of-court dispute resolution;
8.2.13 the subject of the Contract is not the delivery of goods, thus the provisions of the Law on Claims do not apply to the Applications; liability for obvious or hidden defects of the Application, which the Application had at the time of its access to the User, may be claimed from the Operator under the conditions provided by the Law, the Contract and these GTC;
8.2.14 The User is obliged to comply with these GTC, which are also part of the Contract, and the valid and effective legislation of the Czech Republic;
8.2.15 The User may lodge a complaint with a supervisory or state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.
9. Applicable law
9.1 These GTC, as well as the Contract, are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.
9.2 Any disputes arising under the Contract and/or these GTC shall be decided by the courts of the Czech Republic having jurisdiction in the matter and place.
10.1 These GTC shall come into force and effect on 1 February 2024.
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