Amicara Terms of Use

These Amicara Terms of Use ("Terms") constitute a binding agreement between you ("You") and Hodegami s.r.o., ID No.: 19739681, with its registered office at Vlastislavova 152/4, Nusle, 140 00 Prague 4, Czech Republic ("we") for the purpose of using the Amicara service via the Amicara mobile application ("Application"), our website www.amicara.ai ("Website") or any other means (collectively "Amicara").

1. Acceptance of terms and conditions

1.1 Acceptance of Terms. Please read these Terms carefully. By creating an account or accessing or using the Application, you acknowledge that you accept and agree to be bound by these Terms, which constitute an agreement between you and us regarding your use of Amicara (the "Agreement"). If you do not agree to these Terms, you may not access or use Amicara. This Agreement is not entered into with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity.

1.2 Term of the Agreement. Unless otherwise specified in these Terms or prior to the conclusion of the Agreement, the Agreement is concluded for an indefinite period. If you have agreed to the automatic renewal of the Agreement, you may refuse such renewal at any time prior to the end of the current term of the Agreement.

1.3 Changes to the Terms. We may amend these Terms from time to time. We will notify you by email, through Amicara, or by presenting you with a new version of the Terms for you to accept if we make changes that materially alter your rights. Your continued use of Amicara after the effective date of the updated Terms will signify your acceptance of the amended Terms.

1.4 Special rules for users in the EU. Please note that if you are a user from an EU country, the special rules of Article 22 of these Terms apply. In the event of any conflict between the rest of these Terms and the rules of Article 22 of these Terms, Article 22 of these Terms shall prevail.

2. Purpose of Amicara and disclaimer of responsibility for health services

2. 1 Purpose. Amicara functions as a conversational and educational robot and allows you to turn to it when dealing with complex family and personal situations, especially those involving children, such as child custody disputes, child support disputes, divorce, and other similar situations. Amicara provides psychological and emotional support through mindful conversation and empathetic listening, helping you to gain a deeper understanding of interpersonal dynamics, emotions, and different perspectives.

2. 2 Use of artificial intelligence. You acknowledge that all answers, education, advice, instructions, and recommendations provided by Amicara are generated by GPT-4 artificial intelligence from OpenAI, LLC, located at 3180 18th St., San Francisco, CA 94110, USA, and in no way constitute professional advice within the meaning of legal provisions.

2. 3 Recommendations for professional help. If, based on its communication with you, Amicara determines that further communication is no longer useful and your situation requires professional help, it may terminate the conversation and recommend that you seek professional help (e.g., in cases of self-harm, domestic violence, or other illegal behavior, etc.). This assessment is performed automatically and may not always be accurate or capture all cases where professional help is necessary.

2. 4 Reporting dangerous behavior. If, based on communication with you, Amicara assesses that you may have harmed a minor child in any way or committed another illegal act in relation to a minor child, Amicara will terminate further conversation with you and report this fact to the cooperating crisis hotline. In such a case, we will pass on your first name, last name, telephone number, and the relevant part of the conversation to the crisis hotline. The crisis hotline will assess the situation and take the necessary measures, including reporting it to the law enforcement authorities if necessary. For the avoidance of doubt, we only pass on the information provided to the crisis hotline. We are not involved in the subsequent activities of the crisis hotline and its interaction with you.

2. 5 Reporting criminal offenses. If you confess to committing a criminal offense or plan to commit a criminal offense during communication with Amicara, Amicara may terminate further conversation with you. In such a case, after assessing the situation, we may report the suspected criminal activity to law enforcement authorities and provide them with your contact details and the relevant part of the conversation. This assessment is performed automatically and may not always be accurate or capture all cases where reporting a crime is necessary.

2. 6 No health services. We are not a licensed health service provider, and Amicara is not intended to replace professional medical advice or to diagnose, treat, or manage any mental illness or condition. All information provided by Amicara is for informational purposes only, is non-binding, and in no way constitutes professional advice in the field of psychology, psychotherapy, family therapy, family counseling, or other therapy, and cannot replace such advice. The information provided is general in nature and does not take into account your individual needs. Please consult a qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety or the health and safety of your family. Never ignore professional medical advice or delay seeking it because of something you have read in connection with Amicara. Always consult your doctor if you have any questions or concerns about your health or condition, or if you notice any changes in your situation or health. If you believe you need urgent medical care, call your national emergency number or go to the nearest open emergency room immediately.

2. 7 Disclaimer. We disclaim responsibility for any errors or omissions, or for unintentional technical inaccuracies or typographical errors in the materials provided, as well as for violations of any ethical or moral standards applicable in your community for sex education and related materials.

3. Eligibility and registration

3. 1 Eligibility. In order to use Amicara, you must create a user account. You can also link your user account to an organization account or create it based on an invitation sent by your employer, business partner, or other entity based on a specific agreement between that partner (hereinafter referred to as the "Partner") and us, which allows persons selected by the Partner to use Amicara.

3. 2 Account creation. In order to use Amicara, you may be asked to create or update an account ("Account") and provide certain personal information, which may include your name, gender, date of birth, email address, etc. This information will be stored and used in accordance with our privacy policy ("Privacy Policy"). You agree to provide us with accurate and complete information and to update this information promptly if it changes.

3. Age Restrictions. To create an account and access Amicara, you must be at least 16 years old and not restricted from using Amicara under applicable law. If you are under 16, please do not attempt to register for Amicara or send us any personal information about yourself.

4. Your use of Amicar

4.1 Rules for using Amicara. All content you submit through Amicara is governed by our Privacy Policy. To the extent there is a conflict between these Terms and our Privacy Policy, these Terms shall prevail. If you submit a question or answer, you are solely responsible for your own communication, the consequences of publishing that communication, and for relying on any communication found in public areas. We are not responsible for the consequences of any communication in public areas. In cases where you feel threatened or believe that someone else is in danger, you should immediately contact your local law enforcement authorities. If you believe you may require urgent medical treatment, call your doctor or emergency medical services immediately. A condition of using Amicara is that you agree not to use it for any purpose that is prohibited by these Terms. You are responsible for all your activities in connection with Amicara and are required to comply with all local, state, national, and international laws and regulations and all applicable legislation. You agree that if you take any of the following actions, you will be in serious breach of these Terms and Conditions, and you agree not to:

• resell, rent, lease, lend, sublicense, distribute, or otherwise transfer rights to Amicara;

• modify, reverse engineer, decompile, or disassemble Amicara;

• copy, adapt, modify, alter, translate, or create derivative works of Amicara without our written consent;

• allow other persons to use Amicara, including, but not limited to, shared use via a network connection, except as provided in these Terms;

• use Amicara in excess of reasonable use, in particular by submitting more than 100 queries per day;

• attempt to circumvent restrictions preventing Amicara from providing any medical advice, recommending the consumption of drugs, narcotics, or addictive substances, or promoting any illegal activity;

• circumvent or disable any technological features or measures in Amicara designed to protect intellectual property rights;

• use Amicara in connection with any device, program, or service designed to circumvent technological measures used to control access to or rights to the content of a file or

  other work protected by copyright in any jurisdiction;

• use or access Amicara for the purpose of compiling data in a manner that is used or usable by a competing product or service;

• use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, unsolicited emails, or repetitive messages to anyone;

• use your account to engage in any illegal activity;

• upload data to transmit any communication that infringes or violates the rights of any party;

• upload media of any kind that contains hate speech, abuse, offensive images or behavior, obscenity, pornography, sexually explicit material, or any material that could give

• rise to civil or criminal liability under applicable laws or regulations or that otherwise violates these Terms and Conditions and the Privacy Policy; or

• upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or these websites.

4.2 Consequences of violation. Any such prohibited use will result in the immediate termination of your license to use Amicara.

5. Payments

5. 1 Free use. If Amicara is made available to you within the Partner's organization, you may use Amicara free of charge to the extent made available by the Partner. All fees for using Amicara are paid under an agreement between us and the Partner.

5. 2 Paid use. In addition to Amicara being made available by the Partner, you can also use Amicara at your own expense. Information about the price of Amicara is provided in the Application or on the Website. Prices include value added tax and all related fees. Prices remain valid for as long as they are displayed in the Application or on the Website.

5. 3 Payment terms. The price of Amicara can be paid by payment cards for cashless payments within Amicara, or by other methods currently listed in Amicara. In the case of payment via an app marketplace or payment gateway, you will follow the instructions of the relevant electronic payment provider. In the case of cashless payment, your obligation to pay the price is fulfilled when the relevant amount is credited to our bank account. We will not require any advance payment or other similar payment from you. Payment of the price prior to the provision of the service is not an advance payment.

6. Control of export and economic restrictions

6.1 Your warranty. Software supported by Amicara may be subject to export and re-export control laws and regulations. You represent and warrant that: (a) you are not located in any country or region subject to EU, UK, or US embargoes, sanctions, or export controls, and (b) you are not a restricted party as defined in specific regulations.

6.2 Compliance with Laws. You agree to comply with all EU, UK, US, and foreign export laws to ensure that neither Amicara nor any technical data related to it, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of such laws and regulations or used for purposes prohibited by such laws and regulations.

7. Limited license to Amicara

7.1 Scope of License. We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use Amicara for personal and non-commercial purposes in accordance with these Terms.

7. 2 Reserved Rights. All rights, titles, and interests in Amicara not expressly granted in these Terms are reserved. If you wish to use our software, name, trade name, trademark, service mark, logo, domain name, and/or any other designation with significant brand elements or other content that we own, you must obtain our written consent. Requests for permission may be sent to support@amicara.ai.

7. 3 Ownership of Rights. For the avoidance of doubt, we own all text, images, photographs, audio, video, location data, and all other forms of data or communication that we create and make available in connection with Amicara, including, but not limited to, visual interfaces, interactive features, graphics, design, compilations of user content as defined below, and compilations of aggregated user review ratings, and all other elements and components of the application, except for user content. Except as expressly and clearly stated in these Terms, we do not grant you any express or implied rights and reserve all rights to the application and our content. We have implemented the necessary technical and organizational measures for internal control and information security processes in our system, which are governed by best practices commensurate with the potential risk to you. At the same time, we take into account the perspective of future technological advances to protect your personal data from unauthorized disclosure, access, or loss. These measures include, among other things, employee training on personal data protection, regular data backups, data recovery procedures, and a mechanism for accountability for breaches of protected data, software, and hardware.

8. License to User Content

8.1 Provision of User Content. Amicara allows you to enter your personal data, answers, upload content, and record certain information into Amicara ("User Content"). You retain all rights to such User Content that you provide to Amicara.

8. 2 License to User Content. By providing your User Content to Amicara:

• you grant us and our affiliates a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display or publicly perform (if you share such content publicly), create derivative works, incorporate it into other works, modify, reformat, and distribute your User Content in connection with the provision and operation of Amicara, all for the operation of Amicara, in accordance with the Privacy Policy; and

• you agree to indemnify and hold us and our affiliates, directors, officers, and employees harmless from any claims and expenses, including legal fees, arising from the use of User Content in accordance with the rules described in these Terms.

9. Use at your own risk

9.1 No guarantee of accuracy. Our goal is to help you resolve family and personal situations. However, Amicara cannot and does not guarantee any improvement or results related to relationships, mental health, or physical health. Your use of Amicara and any information, predictions, or suggestions provided in Amicara is at your own risk. We make no representations or warranties of any kind regarding the accuracy of the data, advice, information, estimates, and predictions that we may provide to you through Amicara, and you agree and understand that Amicara is not intended to correspond to or serve the same purpose as professional therapy or other health services.

10. Disclaimer for use by minors

10.1 Prohibition of promotion of illegal activities. The information contained in Amicara does not encourage, incite, or otherwise promote any sexual behavior or activity among minors, nor does it direct the content of communication to any specific person. All information provided within Amicara is for general informational purposes only.

10.2 Use by minors. We carefully review the materials we make available through Amicara to people aged 16 to 18 to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules may vary from country to country in defining what information relating to sexuality is acceptable for minors.

10.3 Prohibition of harmful content. We do not intend to publish or publish sexually explicit content or content that could otherwise be classified as harmful to minors or young people under applicable laws. We make reasonable efforts to ensure that all materials we provide on Amicara are based solely on facts and are scientifically accurate.

10.4 Different perspectives. Please keep in mind that individual ethical opinions on what is offensive or harmful to minors may differ from the requirements set forth for content that may be made available to minors under applicable laws.

11. Passwords

11.1 Obligation to keep passwords secure. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your passwords or Amicara account. It is your sole responsibility to (a) control the distribution and use of your login name, nickname, and passwords; (b) to authorize, monitor, and control access to and use of your Amicara account and password; (c) to notify us immediately if you believe your account or password has been compromised, or if there is any other reason why you need to deactivate your password. You grant us and all other persons or entities involved in the operation of Amicara the right to transmit, monitor, search, store, and use your information in connection with the operation of Amicara. We cannot and do not accept any responsibility for any information you provide or for your use or misuse of information transmitted or received through Amicara by you or third parties.

12. Disclaimer of Warranty

12.1 Use in certain locations. We manage and operate Amicara from various locations and do not guarantee that Amicara is suitable or available for use in all locations. Amicara or some of its features may not be available in your location or may vary from location to location.

12.2 No warranty on the application. Amicara is provided "as is," "as available," and is provided without any representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of title, warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties arising from any course of performance or trade usage, all of which are hereby expressly disclaimed, except to the extent required by law. We and our directors, employees, agents, representatives, suppliers, partners, and content providers do not warrant that: (a) Amicara will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available on or through Amicara is free of viruses or other harmful components; (d) the results of using Amicara will meet your requirements; (e) the content, text, images, software, graphics, or communications provided by third parties on or through Amicara will be accurate, reliable, or complete. You use Amicara entirely at your own risk. Some states/countries do not allow limitations on implied warranties, so the above limitations may not apply to you.

13. Limitation of Liability

13.1 Disclaimer. In no event shall we, our officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of use, loss of profits, or loss of data), whether in contract, tort (including, without limitation, negligence), equity, or otherwise, arising out of or in any way connected with the use of Amicara. Our total liability arising out of or in connection with these terms or the use or inability to use Amicara shall in no event exceed the amounts paid to us for the use of Amicara or one hundred pounds (GBP 100) if you had no payment obligations to us. Neither we nor any third parties mentioned in Amicara shall be liable for any personal injury, including death, caused by your use or misuse of Amicara.

14. Use of the Internet and mobile devices

14.1 Service Rates. Please note that your carrier's standard rates and charges, such as text message fees and data charges, will still apply when you use Amicara over the internet or on a mobile device.

15. Third-party services

15.1 Third-Party Services. Amicara may provide you with access to links to websites, applications, or other third-party products or services ("Third-Party Services"). We do not control Third-Party Services in any way and therefore assume no responsibility for such Third-Party Services. You must take appropriate steps to determine whether access to a Third Party Service is appropriate, including protecting your personal data and privacy when using such Third Party Services and complying with applicable agreements.

16. Your feedback

16.1 Use of Feedback. We welcome your feedback regarding Amicara. Unless expressly stated otherwise, any communications you send to us or post in app stores are considered non-confidential. You agree that we may decide to publish such content at our discretion. You agree that you authorize us to use such content free of charge and to revise, edit, and change the context or make any other changes we deem appropriate.

17. Exercise of rights

17.1 Monitoring of use. We are not obligated to monitor access to or use of Amicara. However, we reserve the right to do so for the purpose of operating and maintaining Amicara, ensuring your compliance with these Terms, and complying with applicable legal requirements. We may report illegal activity to law enforcement authorities and, in accordance with applicable legal procedures, we may cooperate with law enforcement authorities in prosecuting users who violate the law. We reserve the right (but are not obligated) to remove or disable any content posted on Amicara or access to Amicara at any time and without prior notice and at our sole discretion if we determine, in our sole discretion, that your content or use of Amicara is objectionable or in violation of these Terms.

17.2 Disclaimer of Monitoring. We shall have no liability to Amicara users or any other person or entity for performing or failing to perform any of the above actions.

18. Use of Amicara

18.1 Changes to Amicara. From time to time and without prior notice, we may change, expand, and improve Amicara. We may also terminate the operation of part or all of Amicara or selectively deactivate certain features of Amicara at any time. Your use of Amicara does not entitle you to the continued provision or availability of Amicara. Any modification or removal of Amicara or any specific features will be made at our sole and unlimited discretion and without any ongoing obligations or liability to you.

18.2 Additional Terms. When using Amicara through the Application, you may be subject to the terms and conditions of Google Play, the App Store, or other services on which our mobile applications are offered, even if they are not expressly mentioned in this Section 18 of the Terms.

18. 3 Google Play Terms. When using the Application through Google Play, the following terms also apply:

• If you are considered a minor in your country, you need the permission of a parent or legal guardian and acceptance of the Terms to use the Application. If other age restrictions apply to the use of specific content or features of the Application, you must comply with them.

• If you encounter any problems, errors, or issues with the functioning of the Application, please contact us. Google is not responsible for the support and maintenance of the Application. We will respond to your support requests regarding paid products and purchases in the Applications within three business days, and we will respond to any support or Application issues that Google deems urgent within 24 hours.

18. 4 App Store Terms. When using the Application through the App Store, the following terms also apply:

• These Terms govern solely the relationship between us and you; Apple Inc. is not bound by these Terms and bears no responsibility for the Application or its content.

• We are solely responsible for the maintenance and support of the Application to the extent provided in these Terms. Please contact us with any questions, complaints, or claims regarding the Application. Apple is not responsible for the maintenance and support of the Application.

• If the Application fails to perform in accordance with the warranty we provide under these Terms, you are entitled to report this to Apple. In such a case, Apple may refund the purchase price of the Application, if any. To the maximum extent permitted by applicable law, Apple has no warranty obligations with respect to the Application, and all liabilities and all claims, obligations, damages, costs, or other expenses arising from the Application's failure to comply with the warranty provided are our sole responsibility (to the extent set forth in these Terms).

• It is our sole responsibility to resolve and, if necessary, settle any claims by you or other third parties in connection with the Application or its use, including, but not limited to, in connection with:

- rights arising from defective performance;
- claims arising from possible non-compliance of the Application with applicable laws and requirements;
- claims arising from consumer protection, privacy, or similar laws.

• In the event that a third party claims that the Application or your use of it infringes that third party's intellectual property rights, we are solely responsible for verifying such a claim of intellectual property infringement, defending against it, settling it, or refuting it.

• By installing the Application, you represent that you are not using the Application from a country that is subject to a U.S. embargo or that has been designated by the U.S. government as a state sponsor of terrorism, and that you are not listed on any U.S. government list of sanctioned entities. You also agree to comply with these terms throughout your use of the Application.

• Apple or its subsidiaries are authorized third parties to these Terms and have the right, upon your acceptance of these Terms, to require and enforce compliance with these Terms, particularly in connection with the license granted, at their sole discretion.

19. Compensation

19.1 Indemnification of our company. You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, lawsuits, or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising out of or allegedly arising out of your breach of these Terms.

20. Miscellaneous

20.1 Governing law and jurisdiction. Any dispute arising out of the Agreement shall be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. The exclusive and sole jurisdiction for any action or proceeding arising out of or relating to the Agreement shall be in the competent court located in the United Kingdom, and the parties unconditionally waive their respective rights to a trial by jury.

20.2 Limitation Period. Any action you may have in connection with your use of Amicara must be commenced within one (1) year after the claim or cause of action arises.

20.3 Severability clause. If any provision of these Terms is found by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be removed or limited to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect.

20.4 Waiver. No waiver by us of any term or condition contained in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20.5 Surviving Provisions. Upon termination of the Agreement, all provisions of these Terms that by their nature should survive termination shall survive such termination, including, without limitation, provisions regarding ownership, disclaimer of warranties, and limitation of liability.

20.6 Individual Litigation. All claims between the parties relating to these Terms shall be litigated individually, and the parties shall not consolidate or seek class treatment of any claim unless the parties agree in writing in advance.

20.7 Refusal of Service. We may refuse to provide the Service, terminate Accounts, and change eligibility requirements at any time.

21. Content reporting and removal procedures

21.1 Notification. If you believe that any materials accessible on or from Amicara infringe your copyright, you may request the removal of such materials (or access to them) from Amicara by contacting us and providing us with the following information:

• Identification of the copyrighted work that you believe has been infringed. Please describe the work and, if possible, provide a copy or location (e.g., Amicara page) of the authorized version of the work.

• Identification of the material that you believe infringes copyright and its location. Please describe the material and provide us with its URL or any other relevant information that will enable us to locate the material.

• Your name, address, telephone number, and (if available) email address.

• A statement that you have a good faith belief that the complaint about the use of the materials is not authorized by the copyright owner, its agent, or the law.

• A statement that the information you have provided is accurate and that, "under penalty of perjury," you are the copyright owner or are authorized to act on behalf of the copyright owner.

• A signature or electronic equivalent from the copyright owner or authorized representative.

21.2 Notification and Content Removal Policy. In an effort to protect the rights of copyright owners, we maintain a policy of terminating, in appropriate circumstances, Amicara subscribers and account holders who repeatedly infringe copyright.

22. Special Provisions for Users in the EU

22. 1 Applicability and Exclusions. If you are not a consumer, any national legal provisions governing the supply of digital content or digital services, as well as the rules of this Article 22, are excluded. If you are a consumer, the following rules of this Article 22 apply.

22. 2 Ordinary Communication Costs. You will not incur any costs for using remote communication means through which you communicate with us and conclude the Agreement. We will also not charge you any fees for telephone or internet communication with us. However, you will continue to pay standard rates for the use of communication means to your provider of such telecommunication services.

22. 3 Suitability and Changes. We are not liable for the suitability of digital content or digital content services for ordinary purposes, for compliance of the content with common characteristics, for delivery of accessories, or for instructions for use. We are entitled to modify digital content and digital content services in order to maintain their functionality and to further develop them.

22. 4 Updates. We do not update Amicara unless we decide otherwise. If we provide updates, you are obliged to apply them within a reasonable period after they are made available; otherwise, you shall have no rights arising from defects caused by failure to apply such updates.

22. 5 Language. Amicara is primarily available in Czech and English, but it may also have other language versions.

22. 6 Compatibility and Interoperability. After downloading, the Application and related services work on standard smartphones, especially Android and iOS phones. However, we reserve the right to restrict the use of Amicara based on findings of incompatibility or security risks on any device. To use Amicara, you must be connected to the internet, unless stated otherwise.

22. 7 Immediate Commencement of Services. You expressly request and agree that the Agreement shall commence and that we shall begin providing Amicara to you before the expiration of the general withdrawal period from the Agreement. In view of the above, you may withdraw from the Agreement within 14 days of concluding the Agreement or a subsequent order only to the extent of services not yet provided before the expiry of the withdrawal period. In the case of partial provision, you are not entitled to reimbursement of a proportional part of the agreed price for services already provided. Regarding access to Amicara as digital content, you acknowledge that you will not have the right to withdraw from the Agreement in relation to such digital content.

22. 8 Delay in Providing Amicara. If we delay in providing Amicara and do not grant you access even after we agree on an additional period, or if it is clear from our statement and the circumstances that we will not provide it within the additional period, you may withdraw from the Agreement.

22. 9 Storage and Availability of the Agreement. The Agreement is concluded in Czech or English and is maintained by us in electronic record form for our internal purposes. Therefore, it is not accessible to you.

22. 10 Electronic Form of Notifications. You undertake to provide all information prior to concluding the Agreement, confirmation of the conclusion of the Agreement, and confirmation of consent to the commencement of performance before the expiry of the withdrawal period in electronic form.

22. 11 Process of Concluding the Agreement. The Agreement may be concluded through the Application, on the website, or in another manner. Before concluding the Agreement, you may review, change, and correct the data you have entered.

22. 12 Confirmation of Conclusion of the Agreement. Confirmation of the conclusion of the Agreement, including these Terms and information about your consent to the commencement of performance before the expiry of the withdrawal period, will be sent to you by electronic means after the Agreement is concluded.

22. 13 Binding Rules of Conduct. In providing Amicara, we act in accordance with applicable legal regulations and the Privacy Policy. However, we are not bound by any code of conduct in relation to you.

22. 14 Supervisory Authorities. The supervisory authorities overseeing our activities and to which you may turn in case of complaints are:

• In the field of consumer protection: Czech Trade Inspection Authority, Štěpánská 796/44, 110 00 Prague 1, website: https://adr.coi.cz/cs; it is also the body responsible for out-of-court dispute resolution, for which the platform http://ec.europa.eu/consumers/odr can be used;

• In the field of business supervision: the competent Trade Licensing Office;

• In the field of data protection supervision: Office for Personal Data Protection, Plk. Sochora 727/27, 170 00 Prague, website: https://www.uoou.cz/;

• In the field of EU-level consumer protection: European Consumer Centre Czech Republic, Štěpánská 796/44, 110 00 Prague 1, website: https://evropskyspotrebitel.cz/; it is also the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

22. 15 Rectification of Defects in Digital Content. If you are a consumer, in addition to the general rules on rectifying defects in Amicara set out above in these Terms, the following rules apply to remedying defects in digital content or digital content services, which take precedence over other provisions of these Terms:

• If a defect occurs during the term of the Agreement, it is for us to prove that the digital content or digital content services were provided without defects; this does not apply if we prove that the defect was caused by your inadequate technical or software equipment or network connection necessary for their proper functioning (“digital environment”), even if you were notified of such necessity. To verify whether a defect arose from an inadequate digital environment, you shall provide the necessary cooperation; if you refuse, we are not obliged to prove that the digital content or digital content services were provided without defects.

• We are also liable for a defect caused by incorrect linking of digital content or digital content services with the digital environment that we carried out ourselves or under our responsibility, or that you carried out in accordance with our instructions.

• You may report a defect in digital content or digital service that manifests itself during the term of the obligation or, in the case of a one-off payment, within two years of its availability.

• If the digital content or digital content service is defective, you may request its rectification, unless impossible or disproportionately costly.

• We shall rectify the defect within a reasonable time after notification so as not to cause you significant inconvenience.

• You may demand a reasonable price reduction or withdraw from the Agreement if we do not rectify the defect within a reasonable period, or if it is clear from our statement or the circumstances that the defect will not be rectified within a reasonable period or without significant inconvenience for you, if the defect persists even after rectification, or if the defect constitutes a material breach of the Agreement.

• A reasonable reduction pursuant to the preceding point shall be determined as the difference between the value of the digital content or digital content service without defect and the defective digital content or digital content service provided to you; if the digital content or digital content service is to be provided over a certain period, the period during which it was provided defectively shall be taken into account; you are entitled to such a reduction even in the event of withdrawal from the Agreement.

• You may not withdraw from the Agreement if the defect in the digital content or digital content service is insignificant.

• Any amounts paid that we are obliged to refund to you due to defective performance shall be returned at our expense without undue delay, but no later than 14 days from the date you exercised your rights arising from defective performance, using the same method as the payment was made to us, unless you expressly agree otherwise and without incurring additional costs.

22. 16 Withdrawal. You may withdraw from the Agreement by sending a signed withdrawal form, which is provided below, to our address or through the Application, if possible. To comply with the withdrawal period, you must send the withdrawal declaration within the withdrawal period.

22. 17 Legal Effects of Withdrawal. The legal effects of withdrawal occur on the day the written notice of withdrawal from the Agreement is delivered to the other contracting party. By withdrawing from the Agreement, the Agreement is terminated at the moment the notice of withdrawal is delivered to the other contracting party. After revocation of consent, we may prevent you from further using Amicara, in particular by disabling access to it. If you withdraw from the Agreement, we will return all funds you have paid without delay, no later than within 14 days; this does not apply in the case of withdrawal from an Agreement whose subject is the provision of services that we commenced at your express request before the expiry of the withdrawal period. In such a case, we are not obliged to refund a proportional part of the agreed price for services provided up to the moment of withdrawal from the Agreement.

Questions and Comments

If you have any comments or questions regarding any part of Amicara or any part of these Terms of Use, require support, or have any claims, please contact us at support@amicara.ai.