GTC

1. Introductory Provisions

1.1. The business company Adventurer Solutions s.r.o., with its registered office at Mikovcova 548/5, Vinohrady, 120 00 Prague 2, ID number: 106 75 078, registered in the commercial register kept at the Municipal Court in Prague, section C, file 346380 (hereinafter also the "Operator") is operator of the mobile application for iOS or Android Adventurer, and the website www.adventurer.space (hereinafter also the "Application").

1.2. For the purposes of these terms and conditions of the Operator (hereinafter also referred to as "Terms and Conditions"), a user is any natural person who, for the purpose of using the Application, concludes a contract with the Operator in accordance with these Terms and Conditions (hereinafter referred to as "User").

1.3. Content, for the purposes of these Terms and Conditions, means data, data or other content that the User via the Application, or user account, disseminated, presented, displayed or stored (hereinafter also "Content").

1.4. The User is entitled to use the Application only on the basis of a contract that will be concluded between the User and the Operator, while the manner of concluding such a contract is regulated in these Business Terms and Conditions (hereinafter also the "Contract").

1.5. The rights and obligations between the Operator and the User in connection with the use of the Application are governed by the Agreement and these Terms and Conditions. The provisions of the Business Terms and Conditions are, in the sense of the provisions of § 1751 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter also the "Civil Code") an integral part of every Agreement that will be concluded in accordance with the Business Terms and Conditions. The operator is entitled to unilaterally change the Terms and Conditions. The Operator is obliged to inform the User about this change at least 14 days before the change to the Terms and Conditions takes effect, using one of the methods of communication listed in section 10.4. Terms of business. If the User does not agree to the change in the Terms and Conditions and communicates his/her disagreement to the Operator no later than before such change to the Terms and Conditions takes effect using one of the methods of communication listed in paragraph 10.4. Terms and Conditions, the current wording of the Terms and Conditions is binding for the User. If they do not communicate their disagreement to the Operator within the period specified in the previous sentence, it is considered that they agree with the new wording of the Terms and Conditions.

1.6. In these Terms and Conditions, the Operator and the User are further referred to as "contractual parties".

1.7. The User agrees that the Operator is entitled to transfer all his rights to the Application to a third party after the conclusion of the Agreement. In such a case, all rights and obligations from the Agreement will be transferred from the Operator to such a third party, without the termination of the Agreement; with this procedure, the User expresses his consent in advance in the sense of Section 1895 of the Civil Code.

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2. Application and its tariffs

2.1. The Application is provided by the Operator for use by the User in the state in which it is on the date of conclusion of the Agreement. The Operator is entitled to change and modify the functions, settings, user environment and any other parameters of the Application at any time without prior notice to the User, and the User acknowledges and agrees to this. For the avoidance of any doubt, the contracting parties note that the Operator is entitled to the changes and adjustments mentioned in the previous sentence also in relation to the existing User with whom the Agreement has already been concluded (not only to the future User).

2.2. The range of content and functions of the Application that the User will have available from the Operator may depend on the type of tariff chosen by the User, while the specification of individual tariffs is published in connection with individual tariffs in the Application. The basic purpose of the application is to navigate the user to the destination location of the trip or the destination point of the selected activity and to help him with activities related to this, such as planning, orientation on the route or notifications of important things in terms of possible danger, current weather or necessary equipment.

2.3. The operator offers paid and unpaid tariffs. When concluding the Agreement, the User selects one of the tariffs in the Application according to the Operator's current offer, or it is possible to make a choice after concluding the Agreement, in accordance with the Business Terms and Conditions.

2.4. In the case of an unpaid tariff, the User is not obliged to pay the Operator a fee for using the Application. In the case of a free tariff, the Operator is entitled to change the range of content and functions that the User will have available from the Operator after the conclusion of the Agreement.

2.5. In the case of a paid tariff, the User is obliged to pay for the use of the Application in the amount specified by the Operator in connection with a certain tariff in the Application, while the amount may depend on the type of tariff. For paid tariffs, the Operator is entitled to change the amount of payment or the scope of the content and functions of the Application that the User will have available from the Operator, for future periods for which the User has not paid the payment.

2.6. The operator is also entitled to cancel its tariffs.

2.7. The user is entitled to change his tariff. If the User switches from a paid tariff to a non-paid tariff, the User acknowledges that part of his Content may be made unavailable to him, to the extent that it exceeds the limits set by the Operator for the type of tariff to which the User switched.

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3. Method of conclusion of the Contract

3.1. The User agrees to the use of remote means of communication when concluding the Agreement. The costs incurred by the User when using means of communication at a distance in connection with the conclusion of the Agreement (in particular the costs of internet connection, the costs of telephone calls) are covered by the User.

3.2. In its Application, the Operator makes a public offer to conclude a Contract under the conditions specified in these Terms and Conditions.

3.3. In order to conclude the Agreement, the User is obliged to create a user account in the Application after downloading the Application. As part of creating a user account, the User is obliged to enter his username, name, e-mail address and the country in which he lives, or register via Facebook, Apple ID or Google account and fill in the missing data.

3.4. The user expresses his agreement to the terms and conditions by clicking the register button or continuing via Facebook, Apple ID, or Google.

3.5. The User acknowledges that the content of the application is made available to the User immediately after downloading the application without the need to register and create an account, but certain functions and parts of the application are provided/made available to the User only immediately after the conclusion of the Agreement, i.e. after registration (e.g. profile, recording performance, etc.). The User expressly requests the Operator to start the immediate provision of Application services.

4. Subject of the Agreement

4.1. Based on the Agreement, the Operator grants the User the right to use the Application, to the extent that it depends on the type of tariff chosen by the User.

4.2. In the case of paid tariffs, based on the Agreement, the User is obliged to pay the Operator a fee for the use of the Application, depending on the type of tariff chosen by the User, in the amount and under the conditions specified in more detail in the Operator's current offer available in the Application and in these Business Terms and Conditions.

5. Use of the Application

5.1. For the purposes of establishing a user account and in connection with the conclusion of the Agreement, the User is obliged to provide complete and true information to the Operator. The User is also obliged to provide complete and true information in his user account. Furthermore, the User is obliged to notify the Operator immediately of any changes to this information.

5.2. The User undertakes not to use the Application in any way that would in any way violate the rights of the Operator or third parties or that would violate legal regulations. In particular, the User is prohibited from:

5.2.1. send via the Application in any form messages with inappropriate, deceptive or harmful content or with content that would harm the Operator or third parties or that would be contrary to good morals;

5.2.2. publish hate speech, pornographic content, speech inciting violence or suppression of basic human rights and freedoms and other content that could damage the good reputation of the Operator through the Application;

5.2.3. use the Application for illegal activities;

5.2.4. send bulk messages or spam through the Application.

5.3. The Operator is entitled to block or remove Content if it is in conflict with these Terms and Conditions. In order to investigate alleged violations of these Terms and Conditions, the Operator is entitled to check the User's Content, to which the User agrees.

5.4. The user undertakes to protect his login data, which are used to use the Application, in particular he undertakes not to disclose or otherwise make them available to a third party and not to allow them access to his user account. If the User detects misuse of his/her login data by a third party, he/she shall immediately inform the Operator, who is entitled to block the login data in such a case and issue a new one to the User.

5.5. The user undertakes to use his user account exclusively himself and not to provide it for use by a third party. Without the knowledge and consent of the Operator, the User may not transfer his account to another person.

5.6. The User is obliged to immediately notify the Operator of any malfunctions, inconsistencies or errors in the Application, via the Operator's e-mail address listed in the Application. The Operator's technical support is provided to the User via e-mail communication or by telephone, at the Operator's option.

5.7. The User is prohibited from hacking the Application in any way, changing it, influencing its appearance and functions, or carrying out activities that could lead to overloading or disrupting the stability, security or operation of the Application or related software or hardware.

5.8. The User acknowledges that the availability of the Application may be temporarily restricted or interrupted, mainly due to the upgrade and maintenance of the Application, force majeure, actions of a third party or the User, power failure or connectivity. For the purposes of these Terms and Conditions, force majeure means, among other things, (i) failure of the server or other hardware that is used to ensure the operation of the Application, or (ii) unavailability of the Application due to non-functionality of services provided by third parties.

5.9. If the User shares their Content with other persons (e.g. by sharing their trek with them), they agree that everyone with whom the Content is shared may use, store, record, reproduce, transmit, display and communicate.

5.10. The User acknowledges that by concluding the Agreement, he does not acquire the exclusive right to use the Application, and agrees that the Application may be used by other persons, including the Operator himself.

5.11. The User acknowledges and expressly agrees that in the case of using the route recording function, the Operator is entitled to monitor, evaluate, possibly take over, copy and use such a track for the purpose of expanding the content of the Application.

5.12. By publishing content through a user account, the User grants the Operator a royalty-free, non-exclusive, transferable, territorially and time-limited license to any published content.

5.13. The operator is not fully responsible for the fact that the User holds all rights to the uploaded content. If the content captures the likeness of the User and/or the likeness of third parties, the User grants the Operator explicit consent to the extension of the User's likeness within the framework of the above license and confirms that consent to the extension of the likeness has been obtained from all depicted persons. This consent is granted for an indefinite period and can be revoked at any time.

6. Liability of the Operator

6.1. The contracting parties have agreed that the Operator is not responsible for any loss or misuse of the User's content, for any reason (especially due to force majeure, actions of a third party or the User, power outage or connectivity). In this case, the User waives the right to compensation for damages.

6.2. The contracting parties have agreed that the Operator is not responsible for any damage (including lost profit) that would arise as a result of the use of the Application or due to the limitation or interruption of its availability, or due to the fact that the operation of the Application will be terminated, such damage also means injury to health in connection with a wrong instruction of the Application. In this case, the User waives the right to compensation for damages.

6.3. The operator is not responsible for the Content in the user account. The User is solely responsible for the Content.

6.4. The provider cannot guarantee the trouble-free operation of the Application in modified operating systems.

6.5. Before climbing or going on a trip, the User is obliged to inform himself in particular about the accessibility of the mountain, route or area he is going to and about the local weather, snow and weather conditions. The operator bears no responsibility for the accessibility of the areas to which the User is going or for any injury to health that occurs during the ascent or trip.

7. Payment terms

7.1. The Operator will allow the User to use the Application to the extent that is associated with a certain paid tariff, only after the User has paid the Operator the fee associated with the relevant paid tariff.

7.2. The user has the option to choose whether the payment for the use of the Application will be paid in the form of a monthly payment (hereinafter also referred to as "Monthly Payment"), an annual payment (hereinafter referred to as "Annual Payment") or in the form of a subscription for a certain period of 3 years (hereinafter referred to as "Subscription") .

7.3. In the case of a Monthly or Annual payment, the first payment will be paid no later than 24 hours from the day the User chose the paid tariff. Further Monthly or Annual payments will be paid regularly at monthly or annual intervals, on the day of the month/year to be determined by the Operator.

7.4. For the avoidance of any doubt, the User declares that if the User chooses to pay the Monthly or Annual Payments via payment card, he/she agrees that the relevant amount will be deducted automatically (i.e. without the need to enter additional data on the part of the User) repeatedly at monthly or annual intervals from the account to which the payment card is linked. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. The subscription will be renewed within 24 hours before the end of the period. Subscriptions can be managed by the user and auto-renewal can be turned off after purchase in the subscriptions section of the user's account on the Google Play Store or App Store - the user is entitled to cancel the membership here.

7.5. The obligation to pay Monthly or Annual payments ceases

7.5.1. termination of the Agreement according to point 8 of these Terms and Conditions; this does not affect the obligation to pay all amounts owed to the Operator;

7.5.2. if the User agrees with the Operator to switch from Monthly or Annual payments to Subscription in the sense of 7.6. Terms and Conditions;

7.5.3. if the User switches from a paid tariff to a free tariff.

7.6. The User acknowledges that if Monthly or Annual payments are paid using a payment card and the validity of this payment card expires, this will result in the termination of these repeated Annual payments.

7.7. If Monthly or Annual payments are deducted from the User even after the User's obligation to pay them has ceased, the User undertakes to inform the Operator of this fact immediately.

7.8. If the payment will be paid in the form of a Subscription for a certain period of time, the User is always obliged to pay the Operator the Subscription for the following period of time before the expiration of this period of time or switch to the form of Monthly or Annual payments in accordance with paragraph 7.10. of these Terms and Conditions. On the Subscription End Date, it will automatically renew unless the user cancels it in their Google Play Store or App Store subscriptions.

7.9. If, in the case of a paid tariff, the Application is demonstrably unavailable to the User for a total of more than 48 hours within one calendar month, the User is entitled to demand from the Operator the provision of one calendar month free of charge. For the avoidance of doubt, the User is not entitled to a discount, his tariff will be extended by one calendar month.

7.10. If the Operator and User agree on it, it is possible to switch from Monthly or Annual payments to Subscription and vice versa during the contractual relationship, in which case the procedure is similar according to paragraph 7.3. and 7.8. of these Terms and Conditions.

7.11. The bribe will be paid using one of the payment methods allowed by the Operator.

7.12. The application is paid for on the principle of so-called recurring payments. After making the first payment by following the instructions on the web interface, you will be asked to authorize the payment setup. After that, the fixed payment (according to the valid price list) will take place at annual intervals without the need to enter additional data on the part of the User. If you want to stop payments, you can do so by making a choice in your account on the Google Play Store or App Store. We will immediately confirm the acceptance of your request. The next payment will no longer be deducted from you. Recurring payments are terminated even if your payment or credit card expires. In the event that you are interested in renewing your recurring payments after the termination, a new authorization must be made.

7.13. The user agrees to the use of tax documents in electronic form. Electronically sent tax documents meet all requirements according to applicable legal regulations.

8. Duration of the Agreement and cancellation of the user account and restrictions on the use of the Application

8.1. The contract concluded on the basis of these conditions is concluded for an indefinite period.

8.2. The termination of the Agreement occurs, among other things, by the cancellation of the user account; this does not affect the reasons for the termination of the Contract resulting from legal regulation.

8.3. The user is entitled to cancel his user account at any time.

8.4. The user account can be canceled by mutual agreement of the Operator and the User.

8.5. If, in the case of paid tariffs, the User falls into a payment delay that will last more than 1 month, the Operator is entitled to cancel the User's user account, prevent or limit the User's use of the Application, or transfer the User to a non-paid tariff; if the User is transferred to an unpaid tariff, part of his Content may be made unavailable to him, to the extent that exceeds the limits set for the unpaid tariff.

8.6. If the User violates another obligation set out in the Business Terms and Conditions, other than the obligation to pay compensation, the Operator is entitled, without prior notice to the User, to immediately:

8.6.1. prevent or limit the User's use of the Application or

8.6.2. Users cancel user account.

8.7. The operator is also entitled to cancel the user account for any reason (i.e. even without breaching the User's obligations) in the event

8.7.1. unpaid tariff after the expiration of a period of one month from the date of notification of this fact by the Operator to the User;

8.7.2. of the paid tariff after the expiration of a period of two months from the date of notification of this fact by the Operator to the User; in this case, the Operator is obliged to return to the User any payment received from him and which would apply to the period after the cancellation of the user account.

8.8. The Operator is not obliged to return the payment to the User, which has already been paid by the User, in the event that:

8.8.1. The User cancels his user account without the Operator violating any of his obligations;

8.8.2. The Operator will cancel the User's user account on the grounds that the User has violated his obligations arising from the Agreement or the Terms and Conditions.

8.9. After canceling the user account, or after the termination of the Agreement, the Operator is entitled (not obliged)

8.9.1. remove all User Content; in such a case, the User is not entitled to any compensation against the Operator; or

8.9.2. keep User Content within the Application.

8.10. Choice according to paragraph 8.9. belongs exclusively to the Operator.

8.11. Cancellation of the user account, or termination of the Agreement for another reason does not affect the User's obligation to pay the Operator all amounts owed.

8.12. The User acknowledges that if the Operator restricts the User's use of the Application in accordance with the Terms and Conditions, the Content or part of it may be unavailable to the User.

8.13. The user who is a consumer is entitled to withdraw from the concluded contract within 14 days from the date of conclusion of the contract, by canceling the account in the Application. In such a case, the Operator will return to the User a proportionate part of any costs paid for the paid tariff.

9. Processing contract - GDPR

9.1. The provider processes the personal data of its users according to the Personal Data Protection Policy.

9.2. These conditions also contain the requisites of the contract on the processing of personal data according to Article 28 et seq. GDPR, in the following wording.

9.3. The Operator, as part of the Agreement under these Terms and Conditions, may process personal data for the User as a processor within the meaning of Article 4 point 2 and Article 28 of the GDPR to the extent specified in these Terms and Conditions.

9.4. The Operator will process personal data for the duration of the contract concluded in accordance with these Terms and Conditions. The Operator undertakes to fulfill the obligations of the Operator regarding the protection of personal data for the entire period of validity of this contract.

9.5. The Operator processes personal data exclusively on the basis of the User's instructions made in accordance with this Agreement.

9.6. The Operator observes the confidentiality of processed personal data and ensures that the persons authorized to work with the User's personal data at the Operator undertake to maintain confidentiality or that they are subject to a legal obligation of confidentiality.

9.7. The operator will take all the necessary measures required under Article 32 of the GDPR and will not use the processed personal data for its own use and for any purpose other than the fulfillment of the Agreement or the purposes specified in the Personal Data Protection Policy.

9.8. The operator undertakes to comply with the conditions for the involvement of another processor specified in paragraphs 2 and 4 of Article 32 of the GDPR. The operator processes personal data with the help of carefully selected other processors. These are primarily analytical and marketing tools, accounting services.

9.9. The Operator is obliged, at the request of the User, to delete all personal data and their copies, or to return them to the User after the termination of the Agreement. The operator will delete this data within 60 days at the latest.

9.10. The operator is obliged to keep records on the processing of personal data according to the Contract min. to the extent set out in paragraph 2 of Article 30 of the GDPR.

9.11. The Operator is obliged to notify the User by e-mail of any suspicion regarding a breach of personal data security or other unauthorized access to personal data within 24 hours of detection at the latest.

9.12. The operator stores personal data on servers within the European Union, as specified in the Personal Data Protection Policy.

9.13. The Operator will provide the User with all the information necessary to prove that the obligations set out in the Terms and Conditions or the Regulation regarding personal data have been fulfilled and will enable the User to conduct an audit to a reasonable extent.

9.14. The date of the audit must be notified to the Operator sufficiently in advance, at least 30 days in advance, and its scope must not unreasonably interfere with the activity and operational needs of the Operator.

9.15 The User pays all audit costs (including the costs of an external audit not carried out by the User) that are not caused by a serious breach of the Operator's obligations (which means a breach by the Operator that may result in a high risk for the rights and freedoms of natural persons).

9.16. The User is obliged to maintain the confidentiality of all facts concerning the Operator, which he learns about as part of the audit, or to obligate all persons authorized by him to participate in the audit to this confidentiality.

10. Final Provisions

10.1. The contracting parties agree that the applicable law is the legal order of the Czech Republic.

10.2. Any disputes between the contracting parties arising from the Contract or arising in connection with it will first be settled amicably. If an amicable solution cannot be reached within one month from the date on which one of the contracting parties notifies the other contracting party of its belief in the existence of the dispute or its proposal for its resolution, the dispute will be decided at the request of any contracting party by a general court.

10.3. In the event that a consumer dispute arising from the Contract arises between the Operator and the User - the consumer, which cannot be resolved by mutual agreement, the consumer may submit a proposal for an out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is

Czech Trade Inspection Central Inspectorate - ADR Department Štěpánská 15120 00 Prague 2

Email: adr@coi.cz Website: adr.coi.cz

10.4. In accordance with the relevant provisions of Council Regulation (EC) No. 1215/2012, the contracting parties have agreed that any disputes arising from the Contract will be decided by the courts of the Czech Republic.

10.5. Legal negotiations, announcements or other communications, including any calls, assumed under these Terms and Conditions may be made between the contracting parties in writing or via e-mail communication, whereby the e-mail address of the Operator published on the Website and e-mail will be used for e-mail communication. - the User's e-mail address, which he provided when setting up the user account, or which he subsequently communicated to the Operator.

10.6. The Contracting Parties declare that none of them is considered a weaker party, either within the framework of the obligations established by the Treaty, or within the framework of the procedure that led to its conclusion, even with regard to the content of the Treaty, and further declare that from an economic point of view, the benefit of the Treaty corresponds for each of the contracting parties to what the given contracting party has committed to in this Agreement.

10.7. If any of the provisions of these Business Terms and Conditions is or becomes invalid or ineffective, the invalidity or ineffectiveness of this provision will not result in the invalidity of the Agreement and the Business Terms and Conditions as a whole or other provisions of the Agreement or Business Terms and Conditions, if such invalid or ineffective provision is severable from the rest of the Agreement , respectively Terms of business.

10.8. The User declares that he has properly read these Terms and Conditions, understood their content and the meaning of all provisions and clauses was sufficiently explained to him, and that he accepts them in full and without reservation, which he confirms by sending the completed form according to paragraph 3.4. of these Terms and Conditions. The User further declares that these terms and conditions do not contain any clause or provision that would be incomprehensible or particularly disadvantageous for the User or that he could not reasonably expect in terms of § 1753 and § 1800 of the Civil Code.

10.9. In case of deviations between the language versions, the Czech version of the Terms and Conditions takes precedence.

10.10. These Terms and Conditions are valid and effective from February 14, 2022