TERMS AND CONDITIONS

1 INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions constitute a contractual arrangement between Moje srdce s.r.o., ID No.: 10688099, with registered office at Oblouková 848/25, Prague 10, 10100, registered with the Municipal Court in Prague, as the Operator of the mojesrdce.cz application on the one hand, and the User on the other hand.

1.2 These Terms and Conditions constitute a contractual arrangement between the Operator and the User and regulate their mutual rights and obligations. Unless otherwise specified in writing between the Parties or unless the validity of certain provisions of the Terms and Conditions is excluded in writing between the Parties, these Terms and Conditions shall apply to the mutual relationship between the Operator and the User.

1.3 Other integral parts of these Terms and Conditions are documents that are expressly designated as integral parts by the Parties or the Terms and Conditions.

1.4 By using the Application, the User enters into the Agreement for the use of the Application with the Operator and thus expresses his/her consent to and understanding of these Terms and Conditions.

2 DEFINITIONS OF TERMS

2.1 "Terms and Conditions" shall mean these General Terms and Conditions, as may be amended and supplemented by the Operator in the future.

2.2 "Application" means the mobile application called mojesrdce.cz providing Users with informed recommendations in the field of medicine and human health and enabling Users to quickly consult with Specialists within the Consultancy.

2.3 "Operator" means Moje srdce Ltd.

2.4 "Application Use Agreement" means the agreement on the use of the Application concluded between the Operator and the User.

2.5 "Parties" means the Operator and/or the User.

2.6 "User" means a natural person over 15 years of age who is interested in entering into a Contract with the Operator for the use of the Application or who enters into such a Contract with the Operator.

2.7 "Specialist" means a natural person who is a member of the Czech Medical Chamber and cooperates with the Operator on the basis of a contract for the provision of services, while being bound by the obligation of confidentiality.

2.8 "User Account" means the User's personal account created within the Application, through which the User can use the Application. The creation of a User Account shall constitute the conclusion of the Agreement for the use of the Application.

2.9 "Price" has the meaning set out in paragraph 7.1 of these Terms and Conditions

2.10 "Advisory" has the meaning defined in paragraph 6.4 of these Terms and Conditions

2.11 "Premium Account" has the meaning defined in paragraph 6.3 of these Terms and Conditions

2.12 "Basic Account" has the meaning defined in paragraph 6.2 of these Terms and Conditions

2.13 "CC" means Act No. 89/2012 Coll., the Civil Code, as amended.

2.14 "Copyright Act" means Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts, as amended.

2.15 "Personal Data Processing Policy" means the information on how Users' personal data is collected and processed in the context of using the Application. The Personal Data Processing Policy forms part of these Terms and Conditions.

3 CONCLUSION OF THE CONTRACT

3.1 The contract for the use of the application is based on the registration of the User. Registration means entering the User's identification data into the registration form in the user environment of the Application and sending the form to the Operator. Based on the registration made in the Application, the User can access the non-public part of the Application and its user interface.

3.2 The User agrees that the Operator may start providing services under the Application Use Agreement immediately after its conclusion, even before the expiry of the statutory withdrawal period.

3.3 The User acknowledges that the Operator is not obliged to conclude the Agreement on the use of the Application (it may refuse to register the User), especially with persons who have previously materially violated the Agreement on the use of the Application (including the Terms and Conditions).

4 USER ACCOUNT

4.1 To use the Application, the User must register by entering the following information into the registration form on the Application:

(a) names and surnames;

(b) email address;

4.2 The User is also entitled to upload medical reports to their User Account for the purpose of uploading the information contained in the medical report to the User Account and processing it through the Application. The User acknowledges that medical reports are processed by the Application system in an automated manner, to which the User hereby expressly consents.

4.3 The User is obliged to provide all his/her data correctly and truthfully. Furthermore, the User is obliged to update his/her data in the User Account upon any change of his/her data. The data provided by the User in the User Account shall be considered correct by the Operator until changed by the User. The User acknowledges that if he/she provides incorrect and inaccurate data, the proper functioning of the Application may be affected and the recommendations displayed may not be relevant to the User. In no event shall the Provider be liable for any damages incurred in the event that the User provides incorrect or inaccurate data or breaches its obligation to update the data.

4.4 Access to the User Account is secured by a username and password. The User shall maintain confidentiality regarding the information necessary to access his User Account and acknowledges that the Operator shall not be liable for any breach of this obligation by the User.

4.5 The User is responsible for the activity taking place within the Account, regardless of whether it is done by the User, a person authorised by the User or another third party.

4.6 The Provider may at any time, for any reason, prevent the User from using the User Account within the Application or any of its functionalities, in particular if the User violates his/her obligations under the Agreement on the use of the Application (including the Terms and Conditions).

4.7 The User is entitled to request cancellation of his User Account at any time via the Application.The Operator shall cancel it without undue delay. Unless otherwise provided in the Terms and Conditions, the User shall not have any claims in connection with the cancellation of the Account.

5 USE OF THE APP

5.1 The User is entitled to use the Platform only in accordance with the terms and conditions set out in these Terms and Conditions.

5.2 Only natural persons over 15 years of age are authorized to use the Application.

5.3 When using the Platform, the User is obliged to refrain from any activities that would interfere with its normal operation, in particular, he/she is obliged to refrain from sending any unsolicited commercial messages to other Users or Specialists (spamming), as well as to refrain from any conduct that could fulfill any of the elements of unfair competition pursuant to Section 2976 of the Civil Code, such as disparagement, bribery, violation of trade secrets, or harassment. The User is obliged to respect the principles of decency and good manners when using the Platform, as well as to comply with all applicable laws of the Czech Republic. In particular, the User is obliged to observe the above when communicating with the Specialist.

5.4 In connection with the use of the Application, Users are obliged to refrain from using any software or codes, scripts or commands that would be capable of interfering with the functioning of the Application or that would aim to violate or bypass the security mechanisms of the Application implemented by the Operator to ensure the proper functioning of the Application. Users are prohibited from attempting to use any software or code, scripts or commands to alter the behaviour of the Application, to block or alter the content of the Application, or to seek to obtain any undue advantage for themselves or another in relation to the use of the Application.

6 APPLICATION SERVICES

6.1 The Operator provides services to Users within the following modes within the Application:

a) Basic Account mode

b) Premium Account mode

6.2 The Basic Account includes the User's access to the basic content of the Application in the form of a dashboard of personalized recommendations, health information and articles, which is automatically generated for the User based on the information entered into the Application by the User. This access is free of charge. The User acknowledges that the specific recommendations and articles displayed are recommended to the User based on software and hardware analysis of the information uploaded by the User to the Application, or those recorded by the Application. In this regard, the Parties agree that the Operator is solely responsible for damages that are proven to have occurred as a direct result of the malfunctioning of the Application or as a direct result of the Operator's breach of its obligations under the Application Use Agreement.

6.3 The Premium Account includes the User's access to the basic content of the Application in the form of a dashboard of personalized recommendations, health information and articles, which is automatically generated for the User on the basis of the information entered by the User into the Application, as well as to the Advice Centre. Regarding the Operator's liability for the recommendations provided by the Application to the User, the second sentence of paragraph 6.2 of these Terms and Conditions shall apply mutatis mutandis.

6.4 Counselling is available under the Premium Account. The User has the possibility to send a query regarding his/her health condition to the Specialist via a form in the Application. The Specialist will then provide the User with a consultation via the Application based on the information provided. The User acknowledges that the Specialist's recommendation is for informational purposes only, does not replace a personal medical examination and is not a medical service within the meaning of the relevant legislation. The User further acknowledges that the Specialist makes a recommendation purely on the basis of the information provided by the User, and the User is solely responsible for the accuracy and completeness of this information.

6.5 The User further acknowledges that by submitting an enquiry through the Consultancy, the User enters into a contract for the provision of services directly with the Specialist. The Operator, as an intermediary for concluding a contract between the Specialist and the User, is not liable for the information communicated to the User by the Specialist, nor for any damage caused to the User or a third party as a result of the use of the Advice Service, unless such damage has been proven to be caused as a direct result of improper functioning of the Application or as a direct consequence of a breach of the Operator's obligations under the Agreement for the use of the Application.

6.6 The Provider shall ensure that the Specialist meets the conditions for independent provision of health services, i.e. in particular, it shall verify his/her integrity, membership in the Czech Medical Chamber and valid specialization in cardiology.

7 PAYMENT TERMS

7.1 The price for the Premium Account is set at 199,- CZK/month.

7.2 The User orders the Premium Account directly through the Application in the interface designed for this purpose. The Operator reserves the right not to accept the User's order for any reason.

7.3 All prices quoted on the Application are valid at the time the User submits the order. The prices are final including VAT and all other taxes and fees, if any. The Operator shall send the tax document - invoice to the User in electronic form to the User's electronic address specified in the User's account.

7.4 The price can be paid exclusively in Czech crowns (CZK) by online credit card through the Stripe payment gateway after the User completes the order. For the avoidance of doubt, payment for the Premium Account shall be made by the User immediately after the Operator has confirmed the order.

7.5 The User's obligation to pay the Price is fulfilled when the relevant amount is credited to the Operator's account.

7.6 The Premium Account is made available to the User immediately after payment of the Price. The Application shall allow the User access for a period of 1 month. After the end of this period, the Premium Account shall be made unavailable to the User, unless the User has made another payment of the Price for the next period before the end of this period. Access to the Basic Account will be retained.  

7.7 The User's billing information cannot be changed after the Premium Account order has been submitted.

7.8 If funds are returned to the User for any reason, the Operator shall return to the User the funds received from the User under the Application Agreement in the same manner. The User shall be responsible for the accuracy of the refund information provided to the Operator in the event that the refund cannot be made in the same manner as the payment for the order or in the event that the Operator, at its sole discretion, complies with the User's request to change the refund method.

7.9 The User-Consumer acknowledges and expressly agrees that the Premium Account will be made available to him/her immediately following the acceptance of the order by the Operator and the conclusion of the Agreement for the use of the Application and that it may therefore be provided to him/her before the expiry of the withdrawal period within the meaning of Section 1829 of the Civil Code. The User-Consumer acknowledges that, for the reasons stated above, his right to withdraw from the contract concluded with the Operator expires in accordance with § 1837 (l) CC.

7.10 Without prejudice to paragraph 7.9 above, in the event that the User - consumer exercises his right to withdraw from the contract, even partially, he is entitled to do so by any unambiguous statement to the Operator.

7.11 Any disputes arising from the contracts concluded between the Operator and the User - consumer can be resolved through out-of-court dispute resolution according to Article 14 of these Terms and Conditions.

8 ACCOUNTABILITY

8.1 The User acknowledges that the Application is a software tool based on artificial intelligence and that the output in the form of personalized recommendations and other content and their form depends on the data and information uploaded by the User to the Application. The relevance of the content of the Application is thus affected by the accuracy, truthfulness and completeness of the information provided by the User in the Application. In the event of any change to the information entered into the Application, the User shall be obliged to complete or modify it in the Application without undue delay.

8.2 Use of the Application is at the User's own risk and the Operator assumes no liability for any harm caused by the use of the Application or any warranty that the particular content or functionality of the Application is suitable for the User.

8.3 The Operator itself does not provide health services. The application is not a medical device within the meaning of Act No 372/2011 Coll., on Health Services.

8.4 The User acknowledges that the Operator is not responsible for the services of Specialists provided through or with the help of the Application, as Specialists act as independent service providers. The Application solely enables the User to be connected to a Specialist. The Operator acts here only as an intermediary and does not provide the services of the Specialists itself.

9 DATA PROTECTION

9.1 The Operator processes the User's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and other relevant regulations. Detailed information on the processing of the User's personal data is provided in the Personal Data Processing Policy.

10 MEASURES TO BE IMPLEMENTED BY THE OPERATOR

10.1 The Operator reserves the right to deny access to the User's account in the Application, both temporarily and permanently, to any User who violates any of the provisions of these Terms and Conditions or whose conduct damages the reputation of the Operator or the Specialist, or for whom the Operator has reasonable grounds to suspect that such User intends to violate the provisions of these Terms and Conditions.

10.2 The Operator is entitled to deny access to the Application to the User for the following reasons:

a) The User has violated the provisions of Article 4 of these Terms and Conditions;

b) The User has breached his/her obligations under the Application Agreement;

c) the User has committed any other act on the basis of which the Operator cannot be fairly required to continue to allow the User to use the Platform;

10.3 Denial of access is carried out by the Operator for an indefinite period of time. In the event that access is denied for a definite period of time, the User shall be informed of the length of this period by the Operator in a reasonable manner.

11 DURATION OF THE CONTRACT

11.1 The Agreement for the use of the Application is concluded for an indefinite period of time.

11.2 The Operator is entitled to withdraw from the Agreement for the use of the Application in the event that the User materially breaches any provision of the Agreement for the use of the Application or these Terms and Conditions or commits an act that significantly damages the reputation of the Operator.

11.3 Either Party may terminate the Application Agreement for any reason.

12 APPLICATION OPERATION

12.1 The Operator carries out regular maintenance of the Application and for this purpose is entitled to restrict its operation or to interrupt it completely for a certain period of time.

12.2 The User acknowledges that the operation of the Application may be further limited due to unforeseen technical problems. In such a case, the Operator undertakes to ensure, to the best of its ability, that the problem is rectified so that the Application can be restored to operation as soon as possible.

12.3 The User shall not be entitled to any compensation or damages for any interruption or limitation of the operation of the Application as a result of the foregoing.

13 RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

13.1 The User acknowledges that the Application, the user interface, the content of the Application (articles) or parts or elements thereof may be protected as copyrightable works within the meaning of the Copyright Act.

13.2 The User is not entitled to modify, alter, create copies of, or combine the Application, its content or its parts or elements with other copyrighted works or non-copyrighted elements in any way. Furthermore, the User is not entitled to reproduce the Application, its content or parts or elements thereof for purposes other than for his/her personal use only, in particular, the User is not entitled to reproduce, distribute or make available the Application, its content or parts or elements thereof for commercial purposes in any way.

14 OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES

14.1 Pursuant to Section 14 of Act No. 634/1992 Coll., on Consumer Protection, the Operator informs the User - Consumer about the possibility of out-of-court dispute resolution that could arise in connection with the exercise of rights and obligations under the Agreement for the use of the Application. The Czech Trade Inspectorate is competent for out-of-court resolution of consumer disputes between the User and the Operator. The website of this authorized body is http://www.coi.cz/.

14.2 Users who are resident in a State of the European Economic Area may submit a proposal for out-of-court settlement of consumer disputes through the European Consumer Centre in their State of residence. A list of European Consumer Centres is available at https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_en.

14.3 Before proceeding to out-of-court dispute resolution, the User is obliged to first try to resolve the dispute directly with the Operator.

14.4 Nothing in this clause shall preclude the User from pursuing its claim in a court of competent jurisdiction.

14.5 During the duration of the out-of-court settlement negotiations, the statute of limitations and limitation periods under the Civil Code shall not run or begin to run unless one of the parties to the dispute expressly refuses to continue the negotiations.

15 FINAL PROVISIONS

15.1 These Terms and Conditions form an integral part of the Application Use Agreement between the Operator and the User.

15.2 The Operator is entitled to amend, modify or supplement these Terms and Conditions at any time, with each amendment, supplement or modification being effective upon delivery of the full version of the Terms and Conditions to the User. In the event that the User does not agree with the modification of the Terms and Conditions, the User shall have the right to withdraw from the Agreement for the use of the Application in writing. The User shall be deemed to have consented either by clicking the relevant button expressing consent to the change of the Terms and Conditions or by continuing to use the Application after the date specified by the Operator as the effective date of the change of the Terms and Conditions.

15.3 The legal relations between the Operator and the User, which are not further regulated in these Terms and Conditions, are governed by the generally binding law of the Czech Republic.

15.4 If the relationship established by the Application Use Agreement contains an international element, then the Parties agree that the relationship shall be governed by Czech law.

15.5 The Operator is entitled to assign or transfer its rights and obligations under the Application Use Agreement to a third party at any time. The User is not entitled to assign or transfer any rights or obligations under the Application Use Agreement without the prior written consent of the Operator.

15.6 The Operator and the User undertake to resolve all disputes related to, arising out of or concerning the Application Agreement or the Terms and Conditions primarily amicably and by mutual agreement. In the event that no agreement is possible, the dispute shall be resolved by the court of the Czech Republic having jurisdiction in the matter and place.

15.7 The individual provisions of these Terms and Conditions shall be enforceable independently of each other and the invalidity and/or unenforceability of any one of them shall not affect the validity and/or enforceability of the other provisions of these Terms and Conditions, except where, in particular by reason of the importance of the nature or other circumstances relating to such provision of these Terms and Conditions, it is clear that such provision of these Terms and Conditions cannot be severed from the other relevant provisions of these Terms and Conditions.

15.8 These Terms and Conditions shall come into force and effect on 13.12.2024