Terms of Use Amicara

These Terms of Use of Amicara (“Terms”) form a binding legal agreement between you (“you”) and Uniqverse Pro s.r.o., ID No. 02878658, with its registered office in Prague, at Rybalkova 1433/14, Vinohrady, 120 00, Czech Republic (“we”) providing for the use of the Amicara service through the Amicara mobile application (“App”), our website www.amicara.ai (“Site”) or by any other means (hereinafter collectively as “Amicara”).

1. Acceptance of Terms

1. 1 Acceptance of the Terms. Please read these Terms carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by these Terms, which form an agreement providing for the use of Amicara concluded between you and us (“Agreement”). If you do not agree to these Terms, you may not access or use Amicara. This Agreement is not concluded with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity as may apply. 

1. 2 Term of the Agreement. Unless specified otherwise in these Terms or before conclusion of the Agreement, the Agreement is concluded for an indefinite period. In case you agreed that the Agreement term will renew automatically, you may reject this renewal at any time before the end of the current Agreement term.

1. 3 Terms modification. We may modify 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 modifications that materially change your rights. Your continued use of Amicara after the effective date of an updated version of the Terms will indicate your acceptance of the Terms as modified.

1. 4 Specific rules for EU users. Please note that if you are user from the EU country, specific rules of Art. 22 of these Terms apply. In case of any conflict between the rest of these Terms and the rules pursuant to Art. 22 of these Terms, Art. 22 of these Terms prevails.

2. Purpose of Amicara and Medical Disclaimer

2. 1 Purpose. Amicara works as a conversational and educational robot and you can turn to it if you are dealing with difficult family and personal situations, especially situations related to children, such as child custody disputes, alimony disputes, but also divorce and other similar situations. Amicara provides answers to questions, education, advice, instructions and recommendations for dealing with difficult family and personal situations through the interaction with the Amicara conversational robot.

2. 2 Use of artificial intelligence. You acknowledge that all answers, education, advice, guides, and recommendations provided by Amicara are created by GPT-4 artificial intelligence model from OpenAI, LLC, with its registered office at 3180 18th St., San Francisco, CA 94110, US, and are in no way expert advice within the meaning of legal provisions. 

2. 3 Recommendation of professional help. In the event that Amicara evaluates from the communication with you that further communication is no longer beneficial and your situation requires professional help, it may end the conversation and recommend that you seek professional help (e.g. cases of self-harm, domestic violence or other unlawful conduct, etc.). 

2. 4 Notification of dangerous behaviour. In the event that Amicara evaluates from the communication with you that you may have harmed a minor child in any form, or committed any other unlawful conduct in relation to a minor child, Amicara will terminate further conversation with you and report this fact to the cooperating emergency line. In this case, we will forward your name, surname, telephone number and the relevant part of the conversation to the emergency line. The emergency line will assess the situation and take the necessary measures, including reporting it to law enforcement authorities, if necessary. For the avoidance of doubt, it is stated that we only transfer the data provided to the emergency line. We are not involved in the subsequent activities of the emergency line and its interaction with you. 

2. 5 Reporting of crimes. In the event that you confess to committing a crime or planning to commit a crime while communicating with Amicara, Amicara will end further conversation with you. In such a case, after assessing the situation, we may report the suspected criminal activity to law enforcement authorities and pass on your contact details and the relevant part of the conversation.

2. 6 No medical advice. We are not a licensed medical care provider and Amicara is not intended to replace professional medical advice or diagnose, treat or manage any mental illness or condition. Any information provided by Amicara is only informative, non-binding and is in no case expert advice from the areas of psychology, psychotherapy, family therapy, family counselling or other therapy and cannot replace these. Provided information have general validity and do not reflect your individual needs. Please consult qualified healthcare providers before making any decisions or taking any actions that may affect health and safety of you or of your family. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with Amicara. Always consult your healthcare providers if you have any questions or concerns about your medical or mental condition or if you experience any changes in your medical or mental condition. If you think you have a medical emergency, call the national medical emergency number or go to the nearest open emergency room immediately. 

2. 7 Disclaimer of liability. We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the provided materials, as well as for violation of any ethical or moral standards applicable in your community to sexual education and related materials. 

3. Eligibility and Registration

3. 1 Eligibility. To be eligible to use Amicara, you must enter a unique code or email address during the registration. These can be provided by your employer, business partner or other entity, based on the specific contract concluded between this partner (“Partner”) and us enabling persons selected by the Partner to use Amicara. In some cases, we may also grant access to Amicara to other persons.

3. 2 Account creation. To use Amicara, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, sex, birth date, and email address etc. This information will be held and used in accordance with our privacy policy (“Privacy Policy”). You agree that you will provide us with accurate and complete information and that you will update that information promptly after it changes.

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

4. Your use of Amicara

4. 1 Rules governing the use of Amicara. Any content you submit through Amicara is governed by our Privacy Policy. To the extent there is an inconsistency between these Terms and our Privacy Policy, these Terms shall prevail. If you submit a question or a response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public space. We are not responsible for the consequences of any communications in the public space. In cases where you feel threatened or you believe someone else is in danger, you should immediately contact your local law enforcement authorities. If you think you may have a medical emergency, call your doctor or the medical emergency number immediately. As a condition of using Amicara, you agree not to use Amicara for any purpose that is prohibited by these Terms. You are responsible for all your activity in connection with Amicara and you must abide by all local, state, national, and international laws and regulations and any applicable legislation. You agree that taking any of the following actions constitute a material breach of these Terms, and you therefore agree not to:
● resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to Amicara;
● modify, reverse engineer, decompile or disassemble Amicara;
● copy, adapt, alter, modify, translate, or create derivative works of Amicara without our written authorisation;
● permit other individuals to use Amicara, including but not limited to shared use via a network connection, except under the terms of these Terms;
● use Amicara excessively, especially by submitting more than 100 queries per day;
● circumvent or disable any technological features or measures in Amicara for protection of intellectual property rights;
● use Amicara in an attempt to, or in conjunction with any device, program, or service designed to, circumvent technological measures used to control access to, or protect the rights in, the content of a file or other work protected by copyright laws of any jurisdiction;
● use or access Amicara to compile data in a manner that is used or usable by a competitive product or service;
● use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, spam email or repetitive messages to anyone;
● use your Account to engage in any illegal conduct;
● upload data to transmit any communications that infringe or violate the rights of any party;
● upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit content or any material that could give rise to any civil or criminal liability under applicable laws and regulations or that may be otherwise in conflict with these Terms and the Privacy Policy; and
● 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 website.

4. 2 Consequences of violation. Any such forbidden use will result in the immediate termination of your license to use Amicara. 

5. Payments

5. 1 Free use. You may use Amicara free of charge. Any charges for the use of Amicara are paid on the basis of the contract between us and the Partner.  ​

6. Export and Economic Sanctions Control

6. 1 Your warranty. The software that supports Amicara may be subject to export and reexport control laws and regulations. You represent and warrant that you are: (a) not located in any country or region that is subject to an EU, UK or US embargo, sanctions or export controls, and (b) are not an excluded party as specified in the particular regulations. 

6. 2 Compliance with laws. You agree to comply with all EU, UK, US and foreign export laws and regulations to ensure that neither Amicara nor any technical data related thereto nor any direct product thereof is exported or reexported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

7. Limited License to Amicara

7. 1 License scope. 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 Rights reserved. All rights, title, and interest in and to the Amicara not expressly granted in these Terms are reserved. If you wish to use our software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with significant brand features or other content owned by us, you must obtain our written permission. Permission requests may be sent to help@amicara.ai

7. 3 Ownership of rights. To avoid any doubt, we own all the text, images, photos, 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, compilation of User Content, as defined below, and compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and our content are retained by us. We have introduced to our system such necessary technical and organizational measures of internal control and processes of the safety of the information that follows best practice corresponding to the potential risk to you. At the same time, we take into consideration the perspective of the future technological progress in order to protect your personal data from unauthorised disclosure, access or loss. These measures include, but are not limited to, employees’ data protection training, regular data backups, data recovery procedure, and mechanism of responsibility for an infringement of protected data, software and hardware protection.

8. License to User Content

 8. 1 User content provision. Amicara enables you to input your personal data, replies, upload content and log 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 shared publicly by you) your User Content, and to create derivative works from it, incorporate it into other works, as well as change, reformat, and distribute your User Content in connection with the provision and operation of Amicara, all the above for the purpose of operation of Amicara, subject to the Privacy Policy; and 
● you agree to indemnify us and our affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the use of the User Content in accordance with the rules described in these Terms.

9. Use at Your Own Risk

9.1 No warranty of accuracy. Our goal is to help you solve your family and personal situations. However, Amicara cannot and does not guarantee relationship, mental or health-related improvements or outcomes. You use Amicara and any information, predictions, or suggestions provided in Amicara at your own risk. We make no representation or warranty of any kind as to the accuracy of 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 match or serve the same purpose as a professional therapy or other health care services. 

10. Use by Minors Disclaimer

10. 1 No promotion of wrongful behaviour. The information within Amicara does not incite, induce or otherwise promote any sexual behaviour or activity among minors and does not direct the content of communication to any particular person. All information provided within Amicara is for general informational purposes only. 

10. 2 Use by minors. We carefully examine the materials that we make available via Amicara to people between 16 and 18 years of age in order [Bl1] to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what information related to sexuality is admissible to minors.

10. 3 No publication of harmful content. We neither intend to publish nor publish sexually explicit content or content that otherwise might qualify as harmful to minors or juveniles under the applicable law. We make reasonable efforts to ensure that all materials provided by us in Amicara are based on facts only and are scientifically accurate.

10. 4 Varying views. Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content that may be made available to minors under the applicable law.

11. Passwords

11. 1 Obligations to keep passwords safe. You are responsible for taking all reasonable steps to ensure that no unauthorised person will have access to your Amicara passwords or account. It is your sole responsibility to (a) control the dissemination and use of sign-in name, screen name and passwords; (b) authorise, monitor, and control access to and use of your Amicara account and password; (c) promptly inform us 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, retrieve, store, and use your information in connection with the operation of Amicara. We cannot and do not assume any responsibility or liability for any information you submit, nor for your or third parties’ use or misuse of information transmitted or received using Amicara. 

12. Warranty Disclaimer

12. 1 Use in certain locations. We control and operate Amicara from various locations and makes no representation that Amicara is appropriate or available for use in all locations. Amicara or certain features of it may not be available in your location or may vary across locations.

12. 2 No App warranty. 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, the implied warranties of title, warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly excluded, save 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 at or through Amicara is free of viruses or other harmful components; (d) the results of using Amicara will meet your requirements or, (e) content, text, images, software, graphics, or communications provided by third parties on or through Amicara will be accurate, reliable or complete. You use Amicara solely 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 Exclusion of liability. In no event shall us, our officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether caused by any contractual action, offence (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of Amicara. In no event will our total liability arising out of or in connection with these Terms or from the use of or inability to use Amicara exceed the amounts paid to us for the use of Amicara or the amount of one hundred pounds (£100) if you have not had any payment obligations to us, as applicable. We or any third parties mentioned in Amicara are not 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 normal rates and fees, such as text messaging and data charges, will still apply if you are using Amicara via the Internet or on a mobile device.

15. Third-Party Services

15. 1 Third-Party services. Amicara may give you access to links to third-party websites, apps, or other products or services (“Third-Party Services”). We do not control Third-Party Services in any manner and, accordingly, do not assume any liability associated with such Third-Party Services. You need to take appropriate steps to determine whether accessing a Third-Party Service is appropriate, including protecting your personal data and privacy in using any such Third-Party Services and complying with relevant agreements.

16. Your Feedback

16. 1 Feedback use. We welcome your feedback about Amicara. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to make such contents public at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

17. Enforcement Rights

17. 1 Usage monitoring. We are not obligated to monitor access or use of Amicara. However, we reserve the right to do so for purposes of operating and maintaining Amicara, ensuring your compliance with these Terms, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities in the course of prosecution of users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to Amicara or access to Amicara at any time and without notice, and at our sole discretion if we determine at our sole discretion that your content or use of Amicara is objectionable or in violation of these Terms.

17. 2 No liability for monitoring. We are not liable to users of Amicara or any other person or entity for performance or non-performance of the aforementioned activities.

18. Use of Amicara

18. 1 Changes of Amicara. From time to time and without prior notice to you, we may change, expand, and improve Amicara. We may also, at any time, terminate the operation of part or all of Amicara or selectively disable certain features of Amicara. Your use of Amicara does not entitle you to the continued provision or availability of Amicara. Any modification or elimination of Amicara or any particular features thereof will be done at our sole and absolute discretion and without any ongoing obligation or liability to you.

18. 2 Additional terms. When using Amicara through the App, you may be subject to the terms and conditions of the operator of the Google Play service, the App Store service or other services through which our mobile applications are offered, even if they are not expressly stated in this Article 18 of the Terms. 

18. 3 Google Play conditions. When using the App through the Google Play service, the following conditions also apply:
● If you are considered a minor in your country, you need the permission of a parent or legal guardian to use the App and accept the Terms. If other age restrictions apply to the use of a specific content or features of the App, you must comply with them.
● In the event of any problems, bugs or performance issues with the App, please contact us. Google is not responsible for the support and maintenance of the App. We will respond to your support requests for paid products and in-App purchases within three business days, and we will respond within 24 hours to any support or App-related issues that Google identifies as urgent.

 18. 4 App Store conditions. When using the App through the App Store service, the following conditions also apply:
● The Terms govern solely the relationship between us and you; Apple Inc. is not bound by these Terms and bears no responsibility for the App or its content.
● We are solely responsible for the maintenance and support of the App, within the scope of these Terms. Please direct any questions, complaints or claims regarding the application to us. Apple is not responsible for the maintenance and support of the App. 
● If the App fails in violation of the warranty we provide under these Terms, you are entitled to notify Apple of such fact. In such a case, Apple may refund the purchase price of the App to you, if it was negotiated. To the maximum extent permitted by applicable law, Apple has no warranty obligations for the App and any obligations and all claims, liabilities, damages, costs or other expenses caused by the App’s non-compliance with the warranty provided are our sole responsibility (to the extent set forth in these Terms).
● It is our exclusive responsibility to resolve and possibly settle all claims of you or other third parties in connection with the App or its use, including, without limitation, in connection with:
- rights from defective performance;
- claims resulting from possible non-compliance of the App with relevant legal regulations and requirements;
- claims arising from consumer protection, privacy or similar legal regulations.
● In the event that a third party makes a claim that the App or its use by you infringes the intellectual property rights of that third party, we are solely responsible for the verification of such claim arising from the infringement of intellectual property rights, defence against it, and settlement as a result of such claim or its refutation.
● By installing the App, you represent that you are not using the App from a country that is embargoed by the United States of America, or that has been designated by the United States government as a country supporting terrorism, and that you are not on a list of excluded entities maintained by the United States government. At the same time, you undertake to comply with these conditions during the entire period of use of the App.
● Apple, or its subsidiaries, are an authorised third party to these Terms and have the right, after your acceptance of these Terms, to demand and enforce compliance with these Terms, especially in connection with the license granted, namely entirely at your discretion.

19. Indemnity

19. 1 Indemnification of us. You agree to defend, indemnify, and hold us and our affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

20. Miscellaneous

20. 1 Governing law and jurisdiction. Any dispute arising from the Agreement shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Agreement, shall be in an appropriate court located in the United Kingdom and the parties unconditionally waive their respective rights to a jury trial. 

20. 2 Limitation period. Any cause of action you may have with respect to your use of Amicara must be commenced within one (1) year after the claim or cause of action arises.

20. 3 Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible so that the remaining provisions of these Terms will remain in full force and effect.

20. 4 No waiver. No waiver by us of any term or condition set forth 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 of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. 5 Survival. Upon termination, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

20. 6 Individual litigation. All claims between the parties related to these Terms will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.

20. 7 Service refusal. We may refuse service, close Accounts, and change eligibility requirements at any time.

21. Notice and Takedown Procedures

21. 1 Notification. If you believe any materials accessible on or from Amicara infringe your copyright, you may request removal of those materials (or access thereto) from Amicara by contacting us and providing the following information:
 ● Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., Amicara page) of the authorised version of the work.
● Identification of the material that you believe to be infringing your copyright and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
● Your name, address, telephone number and (if available) email address.
● A statement that you belief in good faith that the use of the contested materials is not authorised by the copyright owner, its agent, or the law.
● A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
● A signature or the electronic equivalent from the copyright holder or authorised representative.

 21. 2 Notice and takedown policy. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, under appropriate circumstances, of subscriptions and accounts of the users of Amicara who repeatedly infringe on other people’s copyright.

22. Specific Provisions for EU Users

22. 1 Applicability and exclusion. If you are not a consumer, any rules of national legislation regulating the provision of digital content or digital services are excluded. If you are a consumer, following rules of this Art. 22 apply.

22. 2 Normal costs of communication. You do not incur any costs for using the means of remote communication through which you communicate with us and conclude the Agreement. At the same time, we will not charge you any fees for telephone communication with us or communication via the Internet. However, you will still pay standard rates for the use of communication means to your provider of these telecommunications services.

22. 3 No deposits. In connection with the provision of Amicara, we do not require payment of an advance payment or other similar payment. 

22. 4 Updates. We do not provide updates to Amicara unless we specify otherwise. If we provide them, you are obliged to apply them within a reasonable time after they are made available, otherwise you have no rights from a defect arising due to your failure to apply such update. 

22. 5 Language. Amicara is mainly provided in the Czech and English languages, but may also have other language versions.

22. 6 Compatibility and Interoperability. Once downloaded, the App and its related Services work on standard smartphones, especially Android and iOS phones. However, we reserve the right to limit the use of Amicara on any devices on the basis of detection of incompatibility or security risks. To use Amicara, you need to be connected to the Internet, unless specified otherwise.

22. 7 Immediate commencement of provision of services. You expressly request and agree that the Agreement will begin to be performed and we will begin to provide you with Amicara before the expiration of the general period for withdrawing from the agreement. With regard to the above, you can withdraw from the Agreement within 14 days only to the extent of the services that were not provided before the withdrawal period, or in the case of their partial provision, you do not have the right to a refund of the proportional part of the agreed price for the performance already provided. In relation to making Amicara available as a 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 making Amicara available. If we are delayed in making Amicara available and we do not enable you to access it even after we agree on an additional period for making it available, or it is clear from our statement and the circumstances that we will not do so within the additional period, you may withdraw from the Agreement.

22. 9 Retention and availability of the Agreement. The Agreement is concluded in Czech or English and is kept by us in the form of an electronic record for our internal purposes. Access to it is therefore not possible.

22. 10 Electronic form of notification. You agree to provide all data before concluding the Agreement, issuing a confirmation of the conclusion of the Agreement and issuing a confirmation of the consent to start performance before the expiry of the period for withdrawing from the Agreement in electronic form.

 22. 11 Agreement conclusion process. The Agreement may be concluded through the App, on the Site or by other means. Before concluding the Agreement, you can check, change and correct the data entered.

22. 12 Confirmation of the Agreement conclusion. Confirmation of the conclusion of the Agreement, including these Terms and information about your consent to start performance before the expiration of the period for withdrawing from the Agreement, will be sent to you by electronic means after the conclusion of the Agreement.

22. 13 Binding rules of conduct. When providing Amicara, we act in accordance with the 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 that supervise our activities and to whom you can turn in case of complaints are:
● in the area of consumer protection, the Czech Trade Inspection Authority, with its seat at Štěpánská 796/44, 110 00 Prague 1, website: https://adr.coi.cz/cs; this is also the authority responsible for out-of-court dispute resolution; you can use the following platform for out-of-court dispute resolution: http://ec.europa.eu/consumers/odr;
● in the field of trade control, the relevant Trade Licensing Authority;
● in the field of supervision of personal data protection, the Czech Office for Personal Data Protection, with its seat at Plk. Sochora 727/27, 170 00 Prague, website: https://www.uoou.cz/;
● in the field of consumer protection at the EU level European Consumer Centre of the Czech Republic, with its seat at Štěpánská 796/44, 110 00 Prague 1, website: https://evropskyspotrebitel.cz/; this is also the point of contact according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumers and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

 22. 15 Rectification of defects. If you are a consumer, in addition to the general rules related to the rectification of defects of Amicara mentioned above in these Terms, the following rules, which have priority over other provisions of these Terms, also apply to rectification of defects in digital content or digital content services:
● If a defect occurs during the term of the Agreement, it is up to 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 non-compliant technical or software equipment or network connection necessary for their proper functioning (“digital environment”), although you have been warned of their necessity; to verify whether the defect occurred as a result of an unsatisfactory digital environment, you will provide the necessary cooperation, where in case of refusal to provide it, we are not obliged to prove that the digital content or digital content services were provided without defects.
● We are also responsible for a defect caused by the incorrect connection of digital content or digital content service with the digital environment, which was carried out by us or under our responsibility, or which you have carried out in accordance with the instructions provided by us.
● You can point out a defect that manifests itself in the digital content or digital content services or occurs during the duration of the commitment, or in the case of a one-time payment, within two years of making the content or the service available.
● If the digital content or digital content service is defective, you may request removal of such defect, unless it is impossible or disproportionately expensive to do so.
● We will remove the defect within a reasonable time after it has been pointed out so as not to cause you significant difficulties.
● You may claim a reasonable discount or withdraw from the Agreement if the defect is not rectified by us within a reasonable time or it is apparent from our statement or circumstances that the defect will not be rectified within a reasonable time or without considerable difficulty to you; if the defect persists after removal or if the defect constitutes a material breach of the Agreement.
● The reasonable discount according to the previous paragraph is determined as the difference between the value of the digital content or digital content service without the defect and the value of the defective digital content or digital content service provided to you; if the digital content or digital content service is to be provided for a certain period of time, the period during which it was provided defectively will be taken into account; you are entitle to the discount even in case 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.
● We will reimburse the amounts paid that we are obliged to return to you due to defective performance at our own expense without undue delay, but no later than within 14 days of the date of exercise of the right from defective performance by you, in the manner in which the payment was paid to us, unless you expressly allow otherwise and you will not incur 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 App, if this is possible. In order to comply with the withdrawal period, you must send a withdrawal statement within the withdrawal period.

Addressee:

Uniqverse Pro s.r.o., ID No. 02878658, with its registered office in Prague, at Rybalkova 1433/14, Vinohrady, postal code 120 00, Czech Republic

I hereby notify you that I withdraw from the agreement for the provision of Amicara.

Date of conclusion of the agreement:

Name and surname:

Address:

Signature:

Date:



22. 17 Legal effects of withdrawal. The withdrawal becomes legally effective on the date of delivery of the written notice of withdrawal from the Agreement to the other party. By withdrawing from the Agreement, the Agreement is cancelled at the moment of delivery of the notice of withdrawal from the Agreement to the other party. After withdrawal, we can prevent you from further using Amicara, in particular by making it unavailable to you. If you withdraw from the Agreement, we will return all funds paid by you, if any, to you immediately, but no later than within 14 days. This does not apply in the case of withdrawal from the Agreement which provides for the provision of services the performance of which we started based on your express request before the expiry of the period for withdrawal from the Agreement; in such a case, we are not obliged to return the proportional part of the agreed price provided until the moment of withdrawal from the Agreement.

Questions and comments

If you have any comments or questions about any part of Amicara or any part of these Terms of Use, require support, or have any claims, please contact us via email at amicara@tkcgroup.cz or via telephone at +420723729258.

Uniqverse Pro s.r.o.