Terms of Use Amicara

These Terms of Use Amicara (“Terms”) form a legal agreement between you (“you”) and and a company Hodegami s.r.o., ID No. 19739681, with its registered seat in Vlastislavova 152/4, Nusle, 140 00 Prague 4, Czech Republic (“we”) for use of the Amicara service through the Amicara mobile application (“App”), our website www.amicara.ai (“Site”) or by any other means (collectively, the “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 for the use of the Amicara concluded between you and us (“Agreement”). If you do not agree to these Terms, you may not access or use the 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 Agreement duration. Unless specified otherwise in these Terms or before conclusion of the Agreement, the Agreement is concluded for indefinite period. In case you agreed that the Agreement term will renew automatically, you may reject this renewal 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 the 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 the 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 of 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 allows you to turn to it in cases where 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 psychological and emotional support by mindful conversation and empathic listening, thereby helping to gain a deeper understanding of the dynamics of interpersonal relationships, emotions and different perspectives.

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 from OpenAI, LLC, with a 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 expedient and your situation requires professional help, it may end the conversation and recommend you to seek professional help (e.g. cases of self-harm, domestic violence or other unlawful conduct, etc.). This evaluation is performed automatically and may not always be accurate or capture all cases where professional assistance will be necessary. 

2. 4 Notification of dangerous behaviour. In the event that Amicara evaluates from the communication with you that you may have harmed a child who is a minor 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 affected 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 pass on 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 suspicion of criminal activity to the law enforcement authorities and pass on your contact details and the affected part of the conversation. This evaluation is performed automatically and may not always be accurate or capture all cases where professional assistance will be necessary.

2. 6 No medical advice. We are not a licensed medical care provider and the Amicara is not intended to replace professional medical advice or diagnose, treat or manage any mental illness or condition. Any information provided by the Amicara is only informative, non-binding and are in no case expert advice from the areas of psychology, psychotherapy, family therapy, family advice or other therapy and cannot replace these. Provided information have general validity and do not reflect your individual needs. Please consult with a qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety or that of your family. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the Amicara. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. 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 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 able to use the Amicara, you must create a user acount. You may also connect your account to account of an organization or create your account based on the invitation sent by your employer, business partner or other subject, based on the specific contract concluded between this partner (“Partner”) and us enabling persons selected by the Partner to use the Amicara.

3. 2 Account creation. To use the 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, gender, birth date, and e-mail address etc. This information will be held and used in accordance with our privacy policy (“Privacy Policy”). You agree that you will supply us 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 the Amicara, you must be at least 16 years old and not barred from using the Amicara under applicable law. If you are under 16, please do not attempt to register to the Amicara or send any personal data about yourself to us. 

4. Your use of Amicara

4. 1 Rules governing the Amicara use. Any content you submit through the Amicara is governed by our Privacy Policy. To the extent there is an inconsistency between these Terms and the our Privacy Policy, these Terms shall govern. If you submit a question or 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 areas. We are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or medical emergency number immediately. As a condition of using the Amicara, you agree not to use the Amicara for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Amicara and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching these Terms, and you agree that you shall not:

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

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

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

  • permit other individuals to use the Amicara, including but not limited to shared use via a network connection, except under the terms of these Terms;

  • use the Amicara in the amount exceeding the fair use, especially making more than 100 queries per day;

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

  • circumvent or disable any technological features or measures in the Amicara for protection of intellectual property rights;

  • use the Amicara in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;

  • use or access the 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, junk e-mail or repetitive messages to anyone;

  • use your Account to engage in any illegal conduct;

  • upload 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 or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms 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 this website.

 4. 2 Consequences of violation. Any such forbidden use shall immediately terminate your license to use the Amicara. 

5. Payments

5. 1 Free use. If Amicara is made available to you within the Partner's organization, you may use the Amicara free of charge, to the extent made available by the Partner. Any charges for the use of Amicara are paid based on the contract between us and the Partner.

5.2 Paid Use. In addition to making Amicara available by the Partner, you can also use Amicara at your expense. Information about the price of Amicara is provided in the Application or on the Site. Prices are inclusive of value added tax and all related charges. Prices remain in effect for as long as they are displayed in the Application or on the Site.

5.3 Payment terms. The price of Amicara can be paid with payment cards for making cashless payments within Amicara, or by other methods currently listed in Amicara. In the case of payment via an application 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 in advance. Payment of the price before the service is provided is not a deposit. 

6. Export and Economic Sanctions Control

6. 1 Your warranty. The software that supports the 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 a EU, UK or US embargo, sanctions or export controls, and (b) are not a denied party as specified in 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 the Amicara nor any technical data related thereto nor any direct product thereof is exported or re-exported 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 the 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 by us. If you wish to use our software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by us, you must obtain our written permission. Permission requests may be sent to support@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 the Amicara, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content, as defined below, and the 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 the 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 unauthorized disclosure, access or its loss. These measures include, but are not limited to, employees’ data protection training, regular backups of the data, 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. The Amicara enables you to input your personal information, replies, upload content and log certain information into the Amicara (“User Content”). You retain all rights to such User Content that you provide to the Amicara.

8. 2 License to User Content. By providing your User Content to the 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), create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the Amicara, for operation of the 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 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 the family and personal situations. However, the Amicara cannot and does not guarantee relationship, mental or health-related improvements or outcomes. Your use of the Amicara and any information, predictions, or suggestions provided in the Amicara are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, advices, information, estimates, and predictions that we may provide to you through the Amicara and you agree and understand that the 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 the 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 the Amicara is for general informational purposes only. 

10. 2 Use by minors. We carefully examine the materials that we make available via the Amicara to people between 16 and 18 in order 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 nor publish sexually explicit content or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We make reasonable efforts to ensure that all materials provided by us in the 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 applicable law.

11. Passwords

11. 1 Obligations to keep passwords safe. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall 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) authorize, 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 you need to deactivate a password. You grant us and all other persons or entities involved in the operation of the Amicara the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Amicara. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Amicara. 

12. Warranty Disclaimer

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

12. 2 No App warranty. The 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 disclaimed, save to the extent required by law. We and our directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the 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 the Amicara is free of viruses or other harmful components; (d) the results of using the Amicara will meet your requirements or, (e) content, text, images, software, graphics, or communications provided by third parties on or through the Amicara will be accurate, reliable or complete. Your use of the Amicara is 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 in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of the 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 the Amicara exceed the amounts paid to us for use of the Amicara or one hundred pounds (£100) if you have not had any payment obligations to us, as applicable. We or any third parties mentioned on the Amicara are not liable for any personal injury, including death, caused by your use or misuse of the 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 the Amicara via the internet or on a mobile device.

15. Third-Party Services

15. 1 Third party services. The 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, does 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 information 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 the 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 publicize such contents at our own discretion. You agree to authorize 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 the Amicara. However, we reserve the right to do so for purposes of operating and maintaining the 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 to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the Amicara or access to Amicara at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the Amicara is objectionable or in violation these Terms.

17. 2 No liability for monitoring. We have no liability or responsibility to users of the Amicara or any other person or entity for performance or non-performance of the aforementioned activities.

18. Use of Amicara

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

18. 2 Additional terms. When using the 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 on 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 particular 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 Application.

  • 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, in particular, but not exclusively, 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 verifying such claim arising from the infringement of intellectual property rights, defending against it, settling as a result on it 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 prohibited 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 authorized 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 the 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 such that the remaining provisions of these Terms will continue 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 the Amicara infringe your copyright, you may request removal of those materials (or access thereto) from the 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 an authorized version of the work.

  • Identification of the material that you believe to be infringing 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) e-mail address.

  • A statement that you have a good faith belief that the complained of use of the materials is not authorized 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 authorized to act on the copyright owner’s behalf.

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

21. 2 Notice and takedown policy. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Amicara who are repeat infringers.

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 and rules of this Art. 22 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 an 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 Suitability and changes. We are not responsible for the suitability of digital content or digital content services for the usual purpose, for the compliance of the content with usual properties, for the supply of accessories and instructions for use. We are entitled to change digital content and digital content services in order to maintain the functionality of such content and for its further development.

22. 4 Updates. We do not provide updates to the 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 as a result of non-applying such update. 

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

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 the Amicara based on detection of incompatibility or security risks on any devices. To use the 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 the 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 from the conclusion of the Agreement or subsequent order 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 a proportional part of the agreed price for the performance already provided. In relation to making the Amicara available as digital content, you acknowledge that you will not have a right of withdrawal in relation to such digital content.

22. 8 Delay in making the Amicara available. If we are late in making the Amicara available and we do not allow you to access it even after we agree on an additional period for this, 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 consent to start performance before the expiry of the period for withdrawing from the Agreement in electronic form.

22. 11 Contract 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 entered data.

22. 12 Confirmation of conclusion of the Agreement. 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 the Amicara, we act in accordance with effective 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, with registered office 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, for which the http://ec.europa.eu/consumers/odr platform can be used;

  • in the field of trade control, the relevant trade office;

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

  • in the field of consumer protection at EU level European Consumer Center of the Czech Republic, with registered office 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 consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of consumer disputes online).

22. 15 Rectification of defects of digital content. If you are a consumer, in addition to the general rules related to the rectification of defects of the Amicara mentioned above in these Terms, the following rules, which have priority over other provisions of these Terms, also apply to rectification to 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 service or occurs during the duration of the commitment, or in the case of a one-time payment within two years of making it available.

  • If the digital content or digital content service is defective, you may request its removal, 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 is a material breach of the Agreement.

  • The reasonable discount according to the previous point is determined as the difference between the value of the digital content or digital content service without a 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 for a certain period of time, the period during which it was provided defectively shall be taken into account; the discount belongs to you 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 return the amounts paid that we have to return to you due to defective performance at our own expense without undue delay, but no later than 14 days from the date of exercise of the right from defective performance by you, in the manner in which the remuneration was paid to us, unless you expressly allow otherwise and you will not incur additional costs.

22. 16 Withdrawal. You can withdraw from the Agreement by sending a signed form for withdrawal from the Agreement, 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 seat in Rybalkova 1433/14, Vinohrady, 120 00 Prague, Czech Republic

I hereby notify to 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 legal effects of withdrawal occur 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 the Amicara, in particular by making it unavailable. If you withdraw from the Agreement, we will return all funds paid by you, if any, to you immediately, within 14 days at the latest; This does not apply in the case of withdrawal from the Agreement, the subject of which is 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 a 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 on any part of the Amicara or any part of these Terms of Use, require support, or have any claims, please contact us at support@amicara.ai.