Terms and Conditions

1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), the process of concluding and the terms of the contract between the Operator and the user of the Application (hereinafter referred to as "User"), on the basis of which the Operator enables the User to use the Application (hereinafter referred to as "Contract"). The provisions of the Terms and Conditions are an integral part of the Contract from the moment of its conclusion.

1.2. Arrangements deviating from the Terms and Conditions can only be agreed in writing. Such deviating arrangements are part of the Contract and take precedence over the provisions of these Terms and Conditions.

1.3. These Terms and Conditions apply to cases where the User is a consumer (a person who uses the Application outside the scope of their business activity or the scope of independent exercise of their profession). The Application is not intended for entrepreneurs.

2.1. The Application is primarily designed for GPS location tracking and communication through voice and text messages and calls, as well as sending messages with other types of multimedia content. A description of the Application is also available at https://www.findeeguardian.com (hereinafter referred to as "Operator's Website") or in the relevant App Store.

2.2. To use the Application, it is necessary to download it to the User's supported device from the relevant app store (Google Play, App Store, or others in which the Application is currently offered by the Operator, in these Terms and Conditions only "App Store").

2.3. A supported device is one that meets the minimum system requirements stated in the Application's listing in the App Store.

2.4. An internet connection is required to use the Application. Ensuring an internet connection is the User's responsibility. The User bears the costs of internet connection.

2.5. The Application can only be used after prior registration of the User according to the procedure in Article 3 of the Terms and Conditions (hereinafter referred to as "Registration") and exclusively through the User's user account under the conditions set out below.

3.1. The User performs Registration through an electronic form designated for this purpose available within the Application. For this purpose, they are obliged to fill in all data required by the electronic form as mandatory. The User is obliged to provide only correct, complete and current data.

3.2. The Contract is concluded at the moment of approval of these Terms and Conditions by the User when the Application is first launched and:

• 3.2.1. in the case of the Trial version, at the moment of the User's first login to the Application;
• 3.2.2. in the case of Paid Access, by proper payment of the Subscription Price; in this case, the Operator will make the Application available to the User within the Subscription no later than 2 (two) business days from the conclusion of the Contract.

3.3. When the Application is first launched, the User also confirms that:

• 3.3.1. they are a natural person - consumer, have sufficient legal capacity to conclude the Contract and use the Application, and by concluding the Contract and using the Application in accordance with these Terms and Conditions, they do not violate any legal regulation or other obligation;
• 3.3.2. they acknowledge the Personal Data Processing Information available for viewing in the Application, in the relevant App Store or on the Operator's website.

4.1. Based on the conclusion of the Contract according to Article 3 of the Terms and Conditions, a user account is created for the User, enabling access to the Application and use of the Application's functionalities (hereinafter referred to as "User Account"). Through the User Account, the User can access data provided during Registration or later to the User Account.

4.2. A User Account always belongs to one User. A User can only have one User Account at a time.

4.3. The User is responsible for the correctness and truthfulness of all data stated in the User Account. In case of any change, the User is obliged to update the data without undue delay. The Operator is not responsible for any damage caused as a result of the User's breach of the obligation under this paragraph.

4.4. To access the User Account, it is necessary to correctly enter the User's login credentials. The User is obliged to properly protect their login credentials and prevent any third party from accessing the access data or the User Account. In case of suspicion of disclosure or misuse of access data, the User must change their access data without undue delay and inform the Operator of this suspicion. The User is responsible for damage caused by insufficient protection of their login credentials.

4.5. The User is not authorized to allow any third party to use their User Account. The User bears full responsibility for the activity taking place on their User Account, regardless of whether it is performed by the User or another person authorized by the User or another third party.

4.6. The Operator is not responsible for damage caused by unauthorized access to the User Account by a third party as a result of the User's failure to comply with the obligations arising from these Terms and Conditions.

4.7. The User is entitled to cancel their User Account at any time and thereby terminate the Registration through the Application interface. This does not affect any already concluded Contracts.

4.8. The Operator may cancel the User's User Account and thereby terminate the Contract, particularly in the case where the User has not used their User Account for more than 1 (one) year, or in the case where the User breaches the Contract. The Operator will notify the User of the cancellation of the User Account by email.

4.9. Individual Users may be assigned certain roles and their user permissions may be limited depending on the capabilities of the Application. The Main User (hereinafter referred to as "Main User") ensures the connection of the Application with an electronic device transmitting data to and from the Application, where the connection will be made by the User according to the Operator's instructions on the Operator's website, in the App Store, or directly in the Application, so that all functionalities of the Application can be used, and is the contracting party for the purchase of Paid Access. Other Users (hereinafter referred to as "Secondary User"), who are not contracting parties for the purchase of Paid Access, use the Application within the limits and under the conditions as the Main User, except for rights and obligations expressly belonging only to the Main User according to these Terms and Conditions.

4.10. The Main User is a natural person with sufficient legal capacity who has the capacity for legal actions arising from the Contract and from the purchase of Paid Access. The Main User is responsible for the use of the Application by the Secondary Users designated by them.

5.1. The User can download, install and use the Application in its basic form, possibly with limited functionalities, free of charge (in these Terms and Conditions only "Trial version"). The Trial version serves to try out the Application before purchasing a Subscription. Provision of the Trial version is at the discretion of the Operator and there is no legal entitlement to it.

5.2. The Trial version may be time-limited and terminated by the Operator.

5.3. Within the Trial version, certain functionalities of the Application may be limited. Features that the Operator makes available for a fee are marked as paid in the Application (in these Terms and Conditions only "Paid Access"). The Operator may change the scope of features enabled within the Trial version.

5.4. If the User does not properly pay the Subscription Price by the last day of the Trial version at the latest, the Contract is automatically terminated and the User loses the ability to use the Application. If the User properly and timely pays the Subscription Price (i.e., the payment is credited to the Operator's account) by the last day of the Trial version at the latest, on the first day following the last day of the Trial version, they will be entitled to use the Application within the Paid Access, to the extent of their Subscription. The period for which the Paid Access is paid begins on the first day of Paid Access to the Application.

5.5. The Operator is not obliged to provide the Trial version and it is made available to the User only if the Application interface allows this method of use to be selected.

6.1. In the Paid Access mode, the Operator enables the Application to be used for a fee based on the purchase of Paid Access, where the Main User undertakes to pay for Paid Access to the Application the price of the agreed Subscription stated for the specific Paid Access in the Application (in these Terms and Conditions only "Subscription Price"). Paid Access may differ according to versions of Paid Access. A Secondary User may use the Application in Paid Access mode under the conditions of paragraphs 4.9 and 4.10 of these Terms and Conditions.

6.2. The Operator is entitled to change the Subscription Prices at any time at its discretion under conditions similar to those stated in paragraph 21.3 of the Terms and Conditions. Any changes to the Subscription Price do not affect already paid Subscription Prices and the Subscription Price in the current Paid Access period.

6.3. The Subscription Price is paid in advance for the duration of the Paid Access. Without proper payment of the Subscription Price, the Operator will not provide the User with Paid Access to the Application.

6.4. The Main User makes a Paid Access purchase by selecting a specific Paid Access offer they are interested in in the Application interface and using the appropriate button in the Application to pay the Subscription Price directly in the Application interface using one of the available cashless payment methods (especially Apple Pay and Google Pay services). These services are operated by third parties and are subject to separate terms and conditions of the respective operators.

6.5. The Operator will confirm the purchase of Paid Access to the Main User at the email that the Operator receives from the operator of the payment method used by the User for this purpose.

6.6. The Subscription Price is paid at the moment the corresponding amount is credited to the Operator's account. Upon payment of the Subscription Price, the Operator will issue a tax document to the Main User that meets the requirements of legal regulations. Together with the confirmation of the Paid Access purchase, the Operator will also send the Main User a tax document for the Subscription Price with the requirements according to legal regulations.

6.7. Paid Access will be made available to the User directly in the Application according to paragraph 3.2.2 of the Terms and Conditions. By paying for Paid Access, the Main User expressly requests that Paid Access be made available before the expiry of the 14 (fourteen) day statutory period for withdrawal from the purchase of Paid Access.

6.8. Paid Access is made available to the User for the duration of the Paid Access period. The Operator will notify the Main User of the approaching end of the Paid Access period before its expiry. After its expiry, Paid Access is terminated.

6.9. The Operator may agree differently with the Main User that the Subscription Price is paid in advance regularly for a specified period during which Paid Access lasts, and furthermore, the payment may be automatically renewed at the end of the relevant period. The Paid Access period is automatically extended for another period corresponding to the current Paid Access if the Main User does not terminate it no later than the 15th day before the end of the Prepaid Access, by written notice delivered by email to the Operator's address according to paragraph 17.1.1 of the Terms and Conditions. Automatic renewal under this article is associated with payment of the Subscription Price made by so-called recurring payment. The Subscription Price for automatic renewal under this paragraph may differ from the Subscription Price for the previous Paid Access period under the conditions of paragraph 6.2 of the Terms and Conditions. The Operator is entitled to deduct the Subscription Price for the next Paid Access period from the Main User's credit or debit card, the details of which the Main User entered during the first payment of the Subscription Price, during the last 7 (seven) days of the current Paid Access period. If the Subscription Price for the next period is not paid by the last day of the current Paid Access at the latest, the Paid Access ends on the last day of the current Paid Access.

6.10. The User may terminate Paid Access at any time by canceling it in the Application. The User has no right to a refund of the Subscription Price or any part thereof, unless otherwise provided in these Terms and Conditions (including appendices) or unless the law provides otherwise. Any future recurring payments are terminated as of the date of cancellation of Paid Access.

6.11. The Application with Paid Access is provided without additional accessories. Instructions for using the Application and Paid Access are available on the Operator's Website, in the App Store, or directly in the Application. The Operator is not obliged to provide any additional manuals, documentation or other instructions for the Application or Paid Access.

6.12. Unless otherwise stated, the Subscription Price includes value added tax at the statutory rate. For the purposes of value added tax, the day of partial taxable supplies is the last day of the calendar month in which the performance under the Contract was provided.

6.13. The Operator accepts payments in CZK (Czech Koruna), EUR (Euro), USD (US Dollar) or HUF (Hungarian Forint).

6.14. Any bank fees for cross-border payments and all currency conversion costs (if the Main User pays in a currency other than those listed in paragraph 6.13 of the Terms and Conditions) are borne by the Main User.

7.1. The User will use the Application and all its content exclusively in accordance with legal regulations and these Terms and Conditions. The User is not entitled to use the Application or its content for any other purposes or in any other way than as stipulated by these Terms and Conditions. The User in particular:

• 7.1.1. will not interfere with the rights of third parties or the Operator when using the Application or in connection therewith and will not use the Application or its content in an unlawful manner or for unlawful purposes,
• 7.1.2. will not unlawfully interfere with the Application, will not attempt to gain access to the Application in any way other than through the designated interfaces, in particular will not in any way reproduce, modify, decompile or otherwise interfere with the Application, related source codes and documentation, unless expressly authorized in writing by the Operator,
• 7.1.3. will not resell or otherwise provide to third parties, whether for a fee or free of charge, Paid Access or other data and information obtained from the Application,
• 7.1.4. will not use the Application in a way that could damage it (including interference with the software or hardware on which the Application is operated), and will not use the Application in a way that could cause overload, deterioration of function or other threat to the operation of the servers on which it is operated.

7.2. Users are prohibited from uploading to the Application, processing through the Application or otherwise distributing through the Application any content that violates the rights of third parties or is illegal for any reason, in particular:

• 7.2.1. violates intellectual property rights (in particular trademark rights, industrial design rights, trade name rights, copyright or rights related to copyright) or constitutes unfair competition,
• 7.2.2. incites the commission of criminal activity or other tortious conduct or approves such conduct, or otherwise supports perpetrators of such activity,
• 7.2.3. interferes with the personal rights of third parties, e.g., contains false information about a third party that could harm that person,
• 7.2.4. contains pornographic content or content that is contrary to public order or good morals,
• 7.2.5. supports or promotes terrorist or extremist movements or other movements aimed at suppressing human rights and freedoms,
• 7.2.6. is in conflict with personal data protection regulations,
• 7.2.7. is a commercial communication and its distribution is not in accordance with the law on certain information society services.

7.3. The User bears full responsibility for all content that they upload to the Application in connection with the use of the Application. The Operator is not obliged to review the User's content in any way. This does not affect the Operator's ability at any time to suspend the User's ability to upload additional content to the Application, or to suspend the display of content or delete User content that violates legal regulations or the rights of third parties or the Operator, in order to fulfill the Operator's legal obligations (especially if the Operator finds that the User's content in any way violates legal regulations). The User has no claims against the Operator in this regard.

7.4. In case of breach of any obligation under this Article 7 of the Terms and Conditions by the User, upon request of the Operator, the User shall compensate all damage (material and non-material) caused by the breach of the given obligation in the amount calculated by the Operator, including in particular reimbursement of costs for any penalties imposed on the Operator and costs of court, administrative or other proceedings including full legal representation costs that arose in connection with the User's breach of obligation. The User is further obliged, upon request of the Operator, to remedy the situation and achieve at their own expense that further breaches of the Contract do not occur. Other possible claims of the Operator arising from legal regulations are not affected by this.

8.1. The Application, including its content and the software ensuring its operation, is protected by law as copyrighted works or other protected intangible assets.

8.2. Based on the Contract or the purchase of Paid Access, the User acquires a non-exclusive right to use the Application or its content for the period, for the purposes, to the extent and in the ways necessary for using the Application in accordance with these Terms and Conditions (i.e., for downloading and installing the Application, browsing it and viewing its content) (hereinafter referred to as "License"). The License is granted worldwide and for the duration of the Contract, in the case of Paid Access for the duration of the Paid Access agreed upon acquisition of Paid Access, always at the longest until the copyright to the Application expires.

8.3. The User is not entitled to grant sublicenses to the Application, assign the License to another person, or otherwise provide the Application or the License to it to another person.

8.4. The User may not use the Application or its content for commercial purposes (whether for their own benefit or for the benefit of a third party). The User may not make the Application or its content available to third parties. The User will not be provided with the source codes of the Application; the User is not entitled to discover them, decompile them or otherwise use them. The User may not interfere with the Application or its content in any way, modify it, create copies, combine it with another work or include it in a collective work. All statutory licenses or free uses in relation to the Application and its content in favor of the User that can be excluded by agreement of the parties are excluded.

9.1. If the User uploads to the Application or otherwise provides to the Operator for the purpose of fulfilling the Contract any protected intangible asset (especially as a copyrighted work or artistic performance) (hereinafter referred to as "User Content"), by uploading User Content to the Application or delivering User Content to the Operator, the User grants the Operator a non-exclusive license to use the User Content for the duration of the Contract (at most for the duration of property rights to the User Content), worldwide and for the purposes of fulfilling the Contract and ensuring the operation of the Application, for use to the extent and in the ways necessary for this. The Operator is entitled to grant a sublicense to a third party. The User hereby also grants consent to the Operator to assign the license to a third party. The User provides the license to User Content free of charge and has no right to any remuneration in connection with its provision or use of User Content by the Operator. The parties exclude the right to any additional remuneration for granting a license to User Content, unless this cannot be excluded by agreement of the parties.

9.2. If necessary for the fulfillment of the Contract, the Operator is entitled to publish, modify, process, combine User Content with other works or include it in a collective work, or complete unfinished User Content.

9.3. In case the content provided by the User fulfills the characteristics of any other legally protected intangible asset, the legal relations between the User and the Operator arising therefrom are governed primarily by the principles set out in this Article 9 of the Terms and Conditions, especially regarding the right to use the content by the Operator and remuneration for creating such a product.

10.1. The User declares that they are entitled to exercise rights to User Content at least to the extent necessary for proper fulfillment of these Terms and Conditions, and that the use of User Content is not subject to further consent of any collective administrator or other third party. The User also guarantees that the Operator will not be obliged to pay any person any additional remuneration (or settle any other obligation) in connection with the use of User Content. The User also declares that by providing User Content, they do not interfere with any rights of third parties. If any of the User's declarations proves to be false or inaccurate, the User is obliged, upon request of the Operator, to compensate the Operator for all damage incurred by the Operator in connection with such false or inaccurate declaration of the User (including all costs of court or other proceedings). The User further undertakes to obtain at their own expense all rights under these Terms and Conditions for the Operator so that the Operator can continue proper performance of the Contract. Other possible claims of the Operator under legal regulations are not affected by this.

10.2. The User will defend the Operator at their own expense against all claims of third parties asserted against the Operator or its clients or business partners in connection with intellectual property rights infringement that occurs in connection with or an inaccurate statement of the User under this Article of the Terms and Conditions.

10.3. To the maximum extent permitted by Czech law, the Operator will not be liable for any damage incurred by the User in connection with the operation of the Application. The Operator is therefore in particular not obliged to compensate the User for any damage incurred:

• 10.3.1. as a result of the inability to use the Application;
• 10.3.2. by changes to these Terms and Conditions;
• 10.3.3. by loss, theft, disclosure or misuse of the User's access data to their Account;
• 10.3.4. as a result of using the Application in conflict with these Terms and Conditions or the legal system;
• 10.3.5. as a result of such use of the Application that is inherently dangerous;
• 10.3.6. as a result of using a service or product provided by a third party;
• 10.3.7. independently of the Operator's will.

10.4. The User acknowledges that the Operator makes reasonable efforts in fulfilling the Contract to ensure the security of information transmitted in the Application. However, the Operator is not responsible for breach of security of the Application and transmitted information that occurred independently of the Operator's will despite the Operator's reasonable efforts to secure the information.

10.5. The User is obliged to take all appropriate measures to protect their data, especially by creating backups in machine-readable formats at intervals that are common for this area of activity, but at least once a day. The Operator is not responsible for loss of User data and its recovery if such loss could have been prevented by fulfilling the obligation set forth in this provision.

11.1. No obligation of the Operator to provide updates is agreed. However, the Operator may, at its own discretion, provide the User with access to a new version of the Application by offering it for download within the App Store. Especially for updates that are intended to ensure that the Application is functional, secure and without defects, the Operator may also designate a new version of the Application as a mandatory update, in which case the User is obliged to replace the original version with the new version of the Application on their device without undue delay. Otherwise, the Application may not be secure and/or functional and the User has no rights from defective performance in connection with defects caused by using an outdated version of the Application.

11.2. The Operator is entitled to make changes to the Application at any time (add, change or remove its features), for the following reasons:

• 11.2.1. compliance with requirements of legal regulations governing the operation of the Application and provision of Paid Access,
• 11.2.2. making technical changes necessary to adapt the Application to new technologies, or
• 11.2.3. improvement, streamlining of the Application,

(hereinafter referred to as "Application Change").

11.3. The Application Change will be free for the User and the Operator will notify them in time through the Application.

11.4. If the Application Change negatively affects the User's ability to use Paid Access (e.g., Paid Access will no longer be available), the User has the right within 30 (thirty) days from the day they were notified of the Application Change, or when the Application Change was made, whichever comes later, to terminate the purchase of Paid Access; in this case, the Operator will return to the User a proportional part of the Subscription Price taking into account the period during which Paid Access was already available to the User.

12.1. If the User uses the Application without paid access:

• 12.1.1. The Operator provides the Application on an "as is" basis, meaning the Operator does not provide any warranties or representations regarding the Application without Paid Access, does not guarantee to the User that the Application will be available, functional, secure or without other defects, or suitable for specific purposes of use. The User has no claims from defective performance or for damages due to unavailability or malfunction of the Application.
• 12.1.2. In case of problems with the Application (if it is unavailable, does not work, etc.), the User may contact the Operator through customer support according to Article 13 of the Terms and Conditions; however, the Operator does not guarantee any response times or problem resolution times.

12.2. If the User uses the Application with paid access:

• 12.2.1. If Paid Access has defects, the User as a consumer has the rights stated in the complaint conditions, which are Appendix No. 1 of these Terms and Conditions (hereinafter referred to as "Complaint Conditions"). The User may exercise these rights according to the procedure stated in the Complaint Conditions.

13.1. In case of questions, complaints or for the purpose of solving problems with the Application, the User may contact the Operator via email: support@findeeguardian.com.

13.2. The Operator will inform the User about the result of handling their request in the way the User used to contact them.

14.1. The Operator may, in case of suspicion of violation of the Terms and Conditions by the User and in other cases specified in these Terms and Conditions, temporarily suspend the User's ability to use the Application, its individual functions or access Paid Access, for the time necessary to verify or refute the suspicion (hereinafter referred to as "Application Suspension"). The Operator will notify the User of the Application Suspension and its reason in the Application interface or by email. In case of refutation of the suspicion, the Operator will restore the Application in full without undue delay. The User has no claims against the Operator in connection with the Application Suspension in accordance with this article.

15.1. The Contract (allowing use of the Application without Paid Access) is concluded for an indefinite period. The User may terminate the Contract at any time by uninstalling and deleting the Application and its data from all their mobile devices.

15.2. Paid Access is always purchased for the period stated in the Paid Access offer in the Application as the period for which Paid Access is prepaid. Paid Access is automatically extended if the User properly pays the Subscription Price for the next period by the last day of the current Paid Access period at the latest. In such a case, Paid Access is extended for the duration of the next Paid Access. If the Subscription Price for the next period is not properly and timely paid, Paid Access expires, but the Trial version may continue to be used in accordance with the Contract, unless the Operator decides otherwise.

15.3. The Operator is entitled to notify the User in writing that they do not wish automatic extension of Paid Access, no later than 1 (one) month before the end of the current Paid Access period. In such a case, Paid Access will not be extended and Paid Access will end after the expiry of the current Paid Access period, any already paid Subscription Price for the following period will be returned by the Operator to the User within 1 (one) month from the end of Paid Access. The User may continue to use the Trial version in accordance with the Contract, unless the Operator decides otherwise.

15.4. The Operator is entitled to terminate the Contract by written notice without a notice period if the User has breached the Contract in a material way, provided that the Operator notified the User of this breach by email before terminating the Contract and the User did not remedy the situation even within a reasonable additional period provided by the Operator, not shorter than 3 (three) business days. The already paid Subscription Price is not refunded, not even partially, if the User materially breached the Contract. Material breach of the Contract is considered in particular (but not exclusively):

• 15.4.1. the User's delay in fulfilling their obligations under this Contract that lasts longer than 2 (two) months, including delay in payment of any payment under the Contract;
• 15.4.2. violation of the terms of use of the Application set by this Contract;
• 15.4.3. if it turns out that any of the User's statements in these Terms and Conditions is false, incomplete or inaccurate.

15.5. The User is entitled to terminate Paid Access by written notice without a notice period. The already paid Subscription Price is not refunded, not even partially. The User acknowledges that in such a case they will lose access to Paid Access. The User may continue to use the Trial version in accordance with the Contract, unless the Operator decides otherwise.

15.6. Each of the Contracting Parties is entitled to terminate the Contract without further ado in case of entry into liquidation or valid declaration of bankruptcy on the assets of the other Contracting Party.

15.7. The Contracting Parties exclude the statutory possibilities of withdrawal from this Contract and its termination.

15.8. For the avoidance of doubt, the Contracting Parties confirm that upon termination or expiry of this Contract or Paid Access, all licenses or other authorizations to use the Application that were granted to the User on the basis of this Contract or the purchase of Paid Access also terminate or expire. Upon termination of the Contract, the Operator will make the Application inaccessible and delete all data and User Content from the Application, and the User has no claims against the Operator in this regard.

16.1. If the Operator is in delay with making Paid Access available in conflict with paragraph 3.2.2 of the Terms and Conditions, the User requested them to make it available within an additional period not shorter than 3 (three) days, and the Operator did not fulfill their obligation, the User may withdraw from the purchase of Paid Access. In such a case, the Operator will return to the User the Subscription Price paid for the purchase of Paid Access from which the User withdrew, within 14 (fourteen) days, using the payment method that the User used to pay the Subscription Price. The User may withdraw from the purchase of Paid Access without an additional period only if it is obvious from the Operator's statement or circumstances that the Operator will not fulfill their obligation.

16.2. The User cannot withdraw from the purchase of Paid Access within the statutory period of 14 (fourteen) days from the date of its acquisition if they agreed that Paid Access would be made available to them before the expiry of this period, the Operator sent them confirmation of the purchase of Paid Access according to paragraph 6.4 of the Terms and Conditions, and they were informed that their right to withdraw expires in such a case.

16.3. In case the conditions according to paragraph 16.2 of the Terms and Conditions are not met or if the Operator expressly declares on the Operator's website that the User who is a new customer of the Operator may withdraw from the purchase of Paid Access without further ado, the User may withdraw from the purchase of Paid Access within 30 (thirty) days from its acquisition, even without giving a reason. The User may use the sample form, which is Appendix No. 2 of these Terms and Conditions (but it is not mandatory).

16.4. If the User withdraws from the Contract or from the purchase of Paid Access, the Operator may prevent them from further using the Application or the relevant Paid Access. The User must not use the Application or Paid Access after withdrawal.

17.1. All notices between the Operator and the User relating to these Terms and Conditions, to the Contract or Registration, or which are to be made on their basis, must be made in writing and delivered to the other party. The requirement of written form is met if it is made electronically through the Application interface or if the notice is sent in electronic form as an attachment to an email in PDF format through the following contacts:

• 17.1.1. Operator's contact details: phone: +420 777 644 667, email: see Article 13 of the Terms and Conditions;
• 17.1.2. User's contact email provided by the operator of the payment method used to pay the Subscription Price, or the User's email stated in the Contract, or within the User Account.

17.2. The Contracting Parties undertake that in case of change of contact details, they will inform the other party of this change no later than within 3 (three) business days. The User is obliged to do so by updating the data in the User Account.

18.1. Information on the processing of personal data of Users in connection with the use of the Application can be found in the document "Personal Data Processing Information" which is available on the Operator's website or in the relevant App Store.

19.1. If a consumer dispute arises between the User and the Operator that cannot be resolved by mutual agreement, the User may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, web: adr.coi.cz. The User may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr.

20.1. The Contract is concluded only between the User and the Operator, likewise the rights and obligations arising from the purchase of Paid Access belong to the User and the Operator. The App Store operator is not a party to it. The App Store operator is not responsible for the properties, operation, functionality, service or maintenance of the Application.

20.2. However, if the Application does not meet the warranty provided by the Operator, the User may notify the App Store operator, who may, under the conditions of the given App Store, refund the User's payments for the Application. However, the App Store operator has no other obligations to settle any claims arising from non-compliance with warranties or defects of the Application, the obligation to compensate for any damage or other expenses.

20.3. If the User downloaded the Application from the Apple Store App Store, they may use the Application only on Apple brand products that they own or have at their disposal, as permitted by the usage rules stated in the Apple Media Services Terms of Use, except in cases where other accounts associated with the User through Family Sharing, volume purchase or as a legacy contact may access and use such Application.

20.4. Any third-party claims for alleged intellectual property infringement in connection with the use of the Application will be handled by the Operator, not the App Store operator.

20.5. The App Store operator may enforce compliance with the Contract by the User.

20.6. The User represents and warrants that (i) they are not located in a region subject to a U.S. Government embargo or that has been designated by the U.S. Government as a region supporting terrorism; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

20.7. The User must comply with the terms of third-party service providers (e.g., internet connection provider) when using the Application.

21.1. To the maximum extent permitted by Czech law, the Operator will not be liable for any damage incurred by the User in connection with the use of the Application. The Operator will compensate the User only for damage caused to them during use of the Application by gross negligence or intent of the Operator, or such damage for which the claim for its compensation cannot be validly waived.

21.2. The User agrees to the use of remote means of communication when concluding the Contract. The costs incurred by the User when using remote means of communication in connection with the conclusion of the Contract (especially costs of internet connection, costs of telephone calls) are borne by the User. The Contract can be concluded in Czech.

21.3. The Operator is entitled to supplement or change these Terms and Conditions at any time at its discretion, including the conditions of Paid Access. This change will be published with sufficient advance notice in the Application interface and also sent to the User's email, if the Operator has it available. Changes under this paragraph will take effect at the beginning of the next calendar month in which the change was announced, unless otherwise stated in the announcement. On the effective date of the new version of the Terms and Conditions, the previous version of the Terms and Conditions ceases to be effective. Subject to applicable legal regulations, it applies that by continuing to use the Application by the User even after the changes under this paragraph take effect, the User has expressed their consent to the changes. If the User does not agree with the change of conditions under this paragraph, they are entitled to terminate the Contract by written notice delivered by email to the Operator's address according to paragraph 17.1.1 of the Terms and Conditions no later than the last day of the validity of the current version of the Terms and Conditions. In such a case, the Contract ends on the last day of the validity of the current Paid Access conditions.

21.4. If any provision of these Terms and Conditions is invalid or unenforceable, such fact does not affect the validity or enforceability of other provisions of the Terms and Conditions.

21.5. The User may not transfer or otherwise encumber their claims against the Operator without the Operator's written consent. The User agrees that the Operator has the right to assign the Contract, rights and obligations arising from the purchase of Paid Access or their part to a third party.

21.6. The provisions of Section 1740(3) of the Civil Code shall not apply.

21.7. These Terms and Conditions as well as the Contract and all legal relations arising on their basis are governed by the law of the Czech Republic.

21.8. This version of the Terms and Conditions becomes effective on September 1, 2024.

1.1. The Complaint Conditions regulate the rights of the User arising from defects of the Application and the procedure for exercising their rights. The Complaint Conditions apply in case the User is a consumer and uses the Application including Paid Access. The Complaint Conditions do not apply to the Application without Paid Access (Demo Access).

2.1. The User may complain about a defect that manifests or occurs in the Application with Paid Access during the term of the Contract.

2.2. The User submits a complaint notice in writing through the contact details stated in paragraph 3.1 of the Complaint Conditions. In the complaint notice, they state at least:

• 2.2.1. confirmation of purchase of Paid Access to which the complaint relates; confirmation is sent by the Operator according to paragraph 6.5 of the Terms and Conditions;
• 2.2.2. description of the problem with the Application, and
• 2.2.3. what they request from the Operator (which right from defective performance they exercise, see further these Complaint Conditions).

2.3. If the Application has a defect, the User may request its removal, unless it is impossible or disproportionately costly.

2.4. The Operator will remove the defect within a reasonable time after it is pointed out so as not to cause the User significant difficulties, taking into account the nature of the Application and its purpose.

2.5. The User may request a reasonable discount from the Subscription Price or withdraw from the purchase of Paid Access if:

• 2.5.1. the Operator did not remove the defect according to paragraph 2.4 of the Complaint Conditions or it is obvious from the Operator's statement or circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the User,
• 2.5.2. the defect manifests even after removal, or
• 2.5.3. the defect is a material breach of the conditions for providing Paid Access.

2.6. The User cannot withdraw from the purchase of Paid Access if the defect is only insignificant.

2.7. Withdrawal is only possible to the extent of defective performance, meaning if funds are to be returned to the User, it will be to the extent that the Application was defective considering the duration of such defect.

2.8. Monetary amounts that the Operator is to issue to the User due to defective performance will be returned by the Operator at its own expense without undue delay, but no later than within 14 (fourteen) days from the day the User exercised the relevant right from defective performance with the Operator. They will use the same method by which the User paid the relevant amount, unless the User expressly consents otherwise and no costs arise for them.

2.9. The User has no rights from defects in case they did not perform an update of the Application and the defect arose only as a result of the unperformed update.

2.10. To verify the nature of the defect, the User will provide the Operator with necessary cooperation to the extent that can reasonably be required. If the User refuses to provide cooperation, it is up to them to prove that the Application is provided with defects.

3.1. For the purposes of filing a complaint, the User is obliged to use one of the following contacts:

• 3.1.1. email: support@findeeguardian.com,
• 3.1.2. business address: Global Tracking s.r.o., Pitterova 2855/7, 130 00,
• 3.1.3. mailing address: Global Tracking s.r.o., Pitterova 2855/7, 130 00.

3.2. The Operator will contact the User in the way the User used to communicate with the Operator, or at the User's email that they have available.

4.1. The provisions of the Complaint Conditions do not affect the rights and obligations of the User under the Terms and Conditions (especially regarding the right to withdraw from the purchase of Paid Access and others).

4.2. These Complaint Conditions become valid and effective on September 1, 2024.