Introduction

These terms and conditions govern the rights and obligations when using the NationalParks365 application, which can be obtained by downloading it from one of the application markets (Google Play, App Store, etc.).

The application is provided by Fast Advert s.r.o., Company ID: 09640584, with its registered office at Příkop 843/4, Brno 602 00 (hereinafter referred to as the "Provider").

Definitions

Terms and Conditions are this document, which contains the definition of the terms and conditions of the contractual relationship that arises between the Provider and the User.

The Agreement is the legal relationship established by these Terms and Conditions.

The Application is NationalParks365 as available in the relevant application marketplace, which allows you to search for and filter national parks. National parks can also be rated and commented on.

Service Agreement is a contract for the provision of NationalParks365 services concluded regarding the use of the Software and other services between the User (or a person on whose instructions the User acts) and the Provider or a person to whom the Provider has granted a license.

User is a person who is authorized to access the Software.

License is the User's authorization to use the Application, which he obtains from the Provider after agreeing to these Terms and Conditions.

Contractual relationship between the User and the Provider

The subject of these Terms and Conditions is the regulation of mutual rights and obligations under which the Provider grants the User authorization to use the Application (Licenses). The application is only used to search for national parks, evaluate them and comment on them.

• License

The application is protected as a work of authorship, in particular under Act No. 121/2000 Coll., on copyright, on rights related to copyright and on amendments to certain acts, as amended, and all property rights to it are exercised by the Provider.

The Provider grants the User a free, non-exclusive License, based on which the User is entitled to download the Application to their mobile device, open, display and use it, in the version in which it is available on the relevant application marketplace and only on as many devices and in the manner that corresponds to the type of License granted.

For the duration of this of the Agreement the right to use the Application:

1. exclusively separately,
2. for the period of time it is installed on the User's device,
3. only within the limits of applicable legal regulations and this Agreement,
4. worldwide.

The User may not

1. use the Application in conflict with these Terms and Conditions and in a manner that would violate applicable legal regulations, in particular, perform any actions that would violate the rights of any third party (e.g. copyright).
2. interfere with the Application or attempt to gain access to it in a manner other than through the designated interface and according to the instructions provided.
3. use the Application in such a manner that would disrupt or damage the Application or the Software.
4. make the Application available to a third party, nor grant a third party, in whole or in part, his/her authorization to use the Application (this includes communicating the Login Data for Application Activation), unless they are employees of the User or persons acting on the User's authority; in such case, the User is responsible for the actions of such persons as if he/she were acting alone.
5. copy, modify, distribute, sell, rent, abuse, block, or otherwise interfere with the Application or any part thereof; likewise, the User may not reverse engineer the source code of the Application or attempt to extract it.
6. remove, obscure or otherwise modify the legal clauses or notices displayed in the Application.

The Parties exclude all legal licenses or free uses in favor of the User that can be excluded by agreement of the Parties.

• Provider's Rights

The Provider may make changes to the Application, add or remove features, and may also suspend or terminate the provision of the Application at any time without prior notice. These changes will be made by automatically updating the Application when connected to the Internet (or according to the conditions set in the device for automatic application update options).

The Provider is entitled to send the User notifications, administrative messages, or similar information in connection with the use of the Application.

However, the Provider is not obliged to monitor the content of information processed in the Application, nor to actively search for facts and circumstances indicating the illegal content of the information. However, the User acknowledges that the Provider is entitled to delete data and information in connection with its legal obligations as required or permitted by the relevant legal regulation.

• Provider's Liability

To the maximum extent permitted by the legal system of the Czech Republic, the Provider will not be liable for any damage (including, but not limited to, lost profits, business interruption, loss of data, loss of sales, loss of business information or other non-pecuniary losses) incurred by the User or another person in connection with the use of the Application, unless such a claim cannot be validly waived.

In particular, the Provider is not obliged to compensate the User or another person for damage incurred:

1. as a result of the inability to use the Application or improper functioning of the Application;
2. as a result of changes to these Terms and Conditions conditions;
3. loss, theft, disclosure or misuse of the User's Access Data;
4. as a result of using the Application in violation of these Terms and Conditions or the laws of the Czech Republic;
5. as a result of improper use of the Application;
6. as a result of using a service or product provided by a third party;
7. independently of the will of the Provider.

The Provider provides the Application to the User only "as is". The Provider does not undertake anything else. The User hereby waives all claims for defects arising from the use of the Application. The Provider disclaims all warranties, to the fullest extent permitted by the law of the Czech Republic.

The Provider only guarantees to the User that the use of the Application by the User on the basis of these Terms and Conditions will not infringe the intellectual property rights of third parties to the Application. The User will be fully compensated for any claims of third parties related to the infringement of intellectual property rights to the Application resulting from the use of the Application. The condition for compensation is that (i) the User allows the Provider to assume the defense against the given claim of the third party, (ii) does not conclude any agreement regarding the given claim without the written consent of the Provider and (iii) the emergence of the given claim was not caused by the User's breach of his contractual or legal obligations.

The Provider is not liable for the content that the User inserts into the Application.

• User's Liability

The User is liable to the Provider for any damage that the Provider or a third party incurs as a result of the User's violation of the provisions of these Terms and Conditions or the legal order of the Czech Republic.

The User will defend the Provider at his own expense against all claims of third parties asserted against the Provider or its clients or business partners in connection with the use of the Application, in particular as a result of the processing of personal data entered into the Application by the User.

• Protection of confidential information and trade secrets

The Provider and the User are obliged to protect and keep secret from third parties information marked as confidential and facts constituting a trade secret within the meaning of Section 504 of the Civil Code, Act No. 89/2012 Coll., as amended, which they have provided to each other. in connection with the conclusion of the Contract.

Trade secrets consist of all facts and information that are competitively significant, identifiable, valuable and not commonly available in the relevant business circles, which are related to the business of the Provider or the User and for which their owner ensures their confidentiality in an appropriate manner.

• Protection of personal data

Since no personal data is entered into the application, nor is there any analytical collection of information about the user, no handling of user personal data occurs.

• Change of the Terms and Conditions

The Provider is entitled to supplement and change these Terms and Conditions at any time. This amendment and/or change will be published on https://www.ideatech.cz/podminky-ochrany-nationalparks365 and a notification of this amendment and/or change will also be sent to each User to their account in the relevant application marketplace (or the email address specified here) or to the email address specified in the Service Agreement. As of the effective date of the new version, the previous version of the Terms and Conditions ceases to be effective.

The User has the right to reject the proposed changes to the Terms and Conditions. In such a case, however, they must terminate the Agreement within two weeks. If this happens, the Agreement will be terminated, otherwise the Terms and Conditions will apply in their amended form.

• Technical support and mutual communication

The User has technical support available to them, which they can contact during business days from 10:00 to 16:00 via this email address [email protected]

You can also complain about the non-functioning of the Application or other defects through the technical support service (and the above email address).

• Termination or suspension of the Agreement

The Provider is entitled to suspend or terminate the Agreement at any time.

In the event of suspension of the Agreement, the Provider will send the User a notification to their account in the relevant application marketplace (or an email here specified) or his email address specified in the Service Agreement with information on the reason for which the User's Agreement is suspended and for how long. If the Agreement is suspended, the User is not allowed to use the Application (even partially). In the event that the User violates any of the obligations set out in these Terms and Conditions, the Provider is entitled to suspend the Agreement for the specified period, with the proviso that in such cases the User is not entitled to any compensation.

The Provider is entitled to terminate the User's Agreement at any time. In the event of termination of the Agreement, the Provider will send the User a notice of termination to his account in the relevant application marketplace (or the email specified herein) or his email address specified in the Service Agreement, and upon delivery of such notice to the User, the notice period of 1 (one) month begins to run. Upon expiry of the notice period, the Agreement between the User and the Provider shall terminate.

The right to use the Application shall terminate upon the termination of the Agreement on the provision of services.

• Final provisions

If any provision of this Agreement or part thereof is invalid or unenforceable or becomes so in the future, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions of this Agreement or their parts, unless it follows directly from the content of this Agreement that this provision or part thereof cannot be separated from the other content.

In the case referred to in the provision of the previous paragraph of this article, the contracting parties undertake to replace the ineffective or invalid provision with a new provision that is as close as possible in purpose and economic meaning to the provision to be replaced.

The User agrees that the Provider has the right to assign the Contract or part thereof to a third party.

These Terms and Conditions as well as all legal relationships arising or that will arise in the future between the User and the Provider are governed by the legal system of the Czech Republic.

This version of the Terms and Conditions shall enter into force on 7.10.2022.