Terms and Conditions

 

1. Introductory provisions

1.1. The company Adventurer Solutions s.r.o., with headquarters at Mikovcova 548/5, Vinohrady, 120 00 Praha 2, ID: 106 75 078, entered in the company register maintained by the Municipal Court in Prague, Department C, File 346380 (hereinafter “Operator”) is the maintainer of the Adventurer mobile application available for iOS and Android and the website www.adventurer.space (hereinafter “Application”).

1.2. The term “user”, for the purposes of these Terms and Conditions of the Operator (hereinafter “Terms and Conditions”), refers to any natural person that, with the intention of using the application, enters into a contract with the Operator in accordance with these Terms and Conditions (hereinafter “User”).

1.3. The term “content”, for the purposes of these Terms and Conditions, refers to data or any other content displayed, shared, stored, or entered by the User through the Application via his or her user account (hereinafter “Content”).

1.4. The User is permitted to use the Application exclusively in accordance with the contract between the User and the Operator, whilst the methods of entering into such a contract are stated in these Terms and Conditions (hereinafter “Contract”).

1.5. The rights and obligations between the Operator and User in the context of using the Application are set by the Contract and these Terms and Conditions. The provisions of the Terms and Conditions are, in the context of the provisions in § 1751 of Act No. 89/2012 Sb., the Civil Code, as amended, an inseparable part of every Contract concluded in accordance with the Terms and Conditions. The Operator is authorized to unilaterally change the Terms and Conditions. The Operator is obligated to inform the User of this at least 14 days before the changes of the Terms and Conditions take effect via one of the means of communication stated in para. 10.4. of the Terms and Conditions. If the User does not agree to the changes of the Terms and Conditions and expresses his disagreement to the Operator before the changes of the Terms and Conditions take effect via one of the means of communication stated in para. 10.4. of the Terms and Conditions, the User is obligated to abide by the contemporary state of the Terms and Conditions. If the User does not express his disagreement to the Operator within the period specified in the previous sentence, it will be assumed that he or she agrees to the changes of the Terms and Conditions.

1.6. The Operator and User are referred to as “parties” further on in these Terms and Conditions.

1.7. The user agrees that the Operator is authorized to transfer all rights to the Application to a third party after entering into the Contract. If such a case occurs, all rights and obligations of the Contract will be transferred from the Operator to the third party without termination of the contract; the User agrees to this procedure in advance in accordance with the provisions of § 1895 of the Civil Code.

2. Application and its tariffs

2.1. The Operator provides the Application in the state in which it exists on the day of entering into the Contract. The Operator is authorized to change and alter functions, settings, the user interface, and any other parameters of the Application at any time without notifying the User prior to doing so, and the User acknowledges and agrees to this. For the avoidance of doubt, the parties acknowledge that the Operator is authorized to make the changes and adjustments stated in the previous sentence and in relation to a current User who has already entered into the Contract (not only to a future User).

2.2. The extent of the content and functions of the Application provided to the User by the Operator can be dependent on the type of tariff that the User chooses, whilst the specifications of each tariff are publicly available in relation to the individual tariffs in the Application. The fundamental purpose of the Application is to navigate the user to the destination of a trip or goal of a chosen activity and to assist him or her in other related activities such as planning, route orientation, or notifying the user of important matters including possible danger, current weather conditions, or necessary equipment. 

2.3. The Operator offers paid and free tariffs. When entering into the Contract, the User chooses one of the tariffs in the Application depending on the current offer of the Operator; it is possible to make the choice after entering into the Contract in accordance with the Terms and Conditions.

2.4. In the case of a free tariff, the User is not required to pay the Operator for using the Application. In regard to the free tariff, the Operator is authorized to change the extent of content and functionality made available to the User by the Operator.

2.5. In the case of a paid tariff, the User is obligated to pay a sum for using the Application, which is stated in relation to the specific tariff in the Application, and the required sum may depend on the type of tariff. In regard to paid tariffs, the Operator is authorized to change the required sum of the payment and the extent of content and functionality made available to the User by the Operator for the future period when the sum hasn’t yet been paid by the User.

2.6. The Operator is also authorized to cancel tariffs.

2.7. The User is authorized to change his or her tariff. If the User transitions from a paid tariff to a free tariff, the User acknowledges that a portion of his Content can be made inaccessible to an extent that exceeds the limits stated by the Operator for the type of tariff that the User transitioned to.

3. Způsob uzavření Smlouvy

3.1. Uživatel souhlasí s použitím komunikačních prostředků na dálku při uzavírání Smlouvy. Náklady vzniklé Uživateli při použití komunikačních prostředků na dálku v souvislosti s uzavřením Smlouvy (zejména náklady na internetové připojení, náklady na telefonní hovory) hradí Uživatel.

3.2. The Operator maintains a public offer to enter into the Contract in the Application under the conditions stated in these Terms and Conditions.

3.3. For the purpose of entering into the Contract, the User is obligated to create a user account in the Application after downloading it. To create a user account, the User is required to enter his or her username, name, email address, and the state he or she inhabits or to complete his or her registration through his or her Facebook, Apple ID or Google account.     

3.4. The User expresses agreement to the Terms and Conditions by clicking either the “Sign up” or “Continue with Google”, “Continue with Apple ID” or “Continue with Facebook” button.

3.5. The User acknowledges that the content of the application is provided to the User immediately after entering into the Contract. The User explicitly requests that the Operator immediately begin providing the services of the Application.

 

4. Subject of the Contract

4.1. The Operator provides the User with the right to use the Application based on the Contract to the extent dependent on the type of tariff the User has chosen.

4.2. In the case of paid tariffs, the User is obligated, in accordance with the contract, to pay a sum to the Operator in relation to the type of tariff the User has chosen in accordance with the payment sum and conditions specified in the current offer of the Operator available in the Application and these Terms and Conditions.

 

5. Usage of the Application

5.1. For the purposes of setting up a user account and in the context of entering into the Contract, the User is obligated to give the Operator complete and truthful information. The User is also obligated to enter complete and truthful information into his or her user account. The User is further obligated to immediately inform the Operator of any changes regarding this information.

5.2. The User is obligated to not use the Application in any manner that would violate the rights of the Operator or third parties or that would lead to a violation of the law. The User is namely forbidden from:

5.2.1. using the Application to send messages containing inappropriate, misleading, or harmful content that could harm the Operator or a third party or content that would be against good morals;

5.2.2. using the Application to publicize hateful messages, pornographic content, messages inciting violence or the violation of basic human rights and freedoms and other content that could damage the good reputation of the Operator;

5.2.3. using the Application for illegal activities;

5.2.4. using the Application for mass communication or spam.

5.3. The Operator is authorized to block or remove Content if it violates these Terms and Conditions. For the purpose of investigating alleged violations of these Terms and Conditions, the Operator is authorized to view the User’s Content to which the User agrees.

5.4. The User is obligated to secure his or her login details serving for the use of the Application; he or she is namely obligated to not disclose them or make them available to a third party and to not allow any third party to access his or her user account. If the User discovers that his or her login details have been abused by a third party, he or she is then obligated to immediately inform the Operator of this, who is in turn authorized to block the login details and provide the User with new ones.

5.5. The User is obligated to use his or her user account exclusively by him or herself and to not provide the user account for use by a third party. The user cannot transfer his or her account to another person without the acknowledgement and consent of the Operator.

5.6. The User is obligated to immediately report any defect, inconsistency, or flaw in the Application via the Operator’s email address stated in the Application. The Operator’s technical support is provided to the User via email or telephone communication depending on the User’s choice.

5.7. The User is forbidden from hacking and modifying the application, altering its appearance or functionality, or engaging in an activity that could lead to overloading or hindering the stability, security, or performance of the Application or related software or hardware in any way.

5.8. The User acknowledges that the availability of the Application may be temporarily limited, especially for reasons of upgrading and maintaining the Application, force majeure, activities of a third party or User, power outages, or loss connection. Force majeure, for the purposes of these Terms and Conditions, includes, among others, (i) malfunction of servers or other hardware needed to ensure the functionality of the Application or (ii) unavailability of the Application due to malfunction of services provided by third parties.

5.9. If the User shares his Content with other persons (for instance, by sharing his trek these persons), he or she agrees that everyone with whom the content is shared may use, save, record, copy, transfer, display, and communicate it free of charge. 

5.10. The User acknowledges that he does not gain exclusive rights to using the Application by entering into the Contract and agrees that the Application can be used by other persons including the Operator.

5.11. The user acknowledges and explicitly agrees that, in case of using the route recording functionality, the Operator is authorized to monitor, evaluate, potentially take over, copy, or use such a trek to expand the content of the Application.

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

5.13. The Operator is not fully responsible for the fact that the User holds all rights to the inserted content. If the content captures the form of the User and/or the form of third parties, the User grants the Operator express consent to the extension of the User's form (image) under the above license and confirms that he obtained consent to the extension of the form (image) from all depicted persons. This consent is granted for an indefinite period and is revocable at any time.

6. Operator responsibility

6.1. The parties agree that the Operator carries no responsibility for the potential loss or abuse of the User’s content regardless of the reason (namely the reasons of force majeure, actions of a third party or User, power outage, or loss of connection). The User gives up the right to damages in this case.

6.2. The parties agree that the Operator carries no responsibility for any damages (including loss of profits) that may occur as a result of using the Application or for the reasons of restriction or interruption of its availability, in the event that maintenance of the Application ends entirely, these damages also include damage to health in relation to improper instructions from the Application. In this case, the User gives up the right to damages.

6.3. The Operator carries no responsibility for the Content on the user account. The User is solely responsible for the Content.

6.4. The Operator cannot guarantee reliable functionality and performance of the Application on modified operating systems.

6.5. Before ascent or trip, the User is obliged to find out information in particular about the accessibility of the mountain, trail, or area to which he/she is going and about the local weather, snow, and wind conditions. The Operator does not bear any responsibility for the accessibility of the areas to which the User is going or for any damage to health that occurs during the ascent or trip.

 

7. Payment conditions

7.1. The Operator will allow the User to use the Application to the extent associated with a specific paid tariff after the User has paid the Operator a sum.

7.2. The User has the option of choosing whether payment for using the Application will be on a yearly basis (hereinafter “Annual payment”) or in the form of a subscription for a specific period of 3 years (hereinafter “Subscription”).

7.3. In the case of Annual payment, the first payment shall be paid, at the latest, 24 hours from the day when the User chose the paid tariff. Further Annual payments shall be paid regularly in yearly intervals on the day of the year stated by the Operator.

7.4. For the avoidance of doubt, the User proclaims that if he or she chooses to pay Annual payments via a credit or debit card, he agrees to have the appropriate sum automatically (i.e., without the need to enter additional details from the User’s side) and repeatedly deducted in yearly intervals from the bank account to which the card is tied. The subscription is automatically renewed unless automatic renewal isn’t turned off at least 24 hours before the end of the current period. The subscription can be managed by the user and automatic renewal can be turned off after purchasing in the subscription 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 Annual payments becomes void

7.5.1. when the contract is terminated in accordance with point 8. of these Terms and Conditions; this does not affect the obligation to pay the Operator the payments still owed;

7.5.2. if the User and Operator agree on transition from Annual payments to a Subscription in accordance with point 7.6. of the Terms and Conditions;

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

7.6. The User acknowledges that if he or she pays Annual payments via a credit or debit card and the validity of this card expires, the execution of these repeated Annual payments will cease.

7.7. If Annual payments are still deducted from the User’s account after the User’s obligation to pay them has become void, the User becomes obligated to immediately inform the Operator of this.

7.8. If payment is carried out in the form of a Subscription for a specific period, the User is obligated to always pay the Operator the Subscription before the end of this period for the next period or transition to Annual payments in accordance with para. 7.10. of these Terms and Conditions. On the End Date, the subscription will automatically renew unless the user cancels it in their subscriptions on the Google Play Store or App Store.

7.9. If, in the case of a paid tariff, the Application becomes demonstrably unavailable within one calendar month for longer than 48 hours in total, the User is authorized to require that the Operator provide one calendar month free of charge. For the avoidance of doubt, the User does not have the right to a discount, his or her tariff shall be prolonged by one calendar month.

7.10. If the User and Operator come to an agreement, it is possible to transition from Annual payments to a Subscription and vice versa during the contractual relationship in which case it shall be proceeded similarly in accordance with paras. 7.3. and 7.8. of these Terms and Conditions.

7.11. The payment shall be paid via one of the payment methods allowed by the Operator.

7.12. Payment of the Application functions on the basis of so-called repeated payments. After carrying out the initial payment in accordance with the instructions stated on the web interface, you will be asked to authorize the payment settings. Afterwards, the fixed payment (in accordance with the valid price list) will be carried out in yearly intervals without the need to enter any additional details from the User’s side. If you decide to cancel the payments, you may do so by making a choice in your Google Play Store or App Store account. We will immediately confirm the reception of your request. The next payment will not be deducted from your bank account. Repeated payments also cease in the event that your credit or debit card expires. If you become interested in renewing repeated payments after canceling them, you will have to carry out a new authorization.

7.13. The User agrees to the use of invoices in electronic form. Electronically sent invoices fulfill all requisites in accordance with applicable law.

 

8. Contract duration and user account cancelation and Application usage restrictions

8.1. A Contract concluded based on these Terms and Conditions is concluded for an indefinite period.

8.2. The Contract is terminated by canceling the user account; this does not affect the reasons of Contract termination stemming from legislation.

8.3. The User is authorized to cancel his or her user account at any time.

8.4. A user account can be canceled after a mutual agreement between the Operator and User.

8.5. f the User’s payment gets delayed in the case of paid tariffs for longer than 1 month, the Operator is authorized to cancel the User’s user account, limit or prevent the User from using the Application, or transition the User to a free tariff; if the User is transitioned to a free tariff, a part of his or her content may become inaccessible to an extent that exceeds the limits stated for the free tariff.

8.6. If the User violates any other obligation stated in the Terms and Conditions other than the obligation to carry out payments, the Operator is authorized, without notifying the User, to immediately:

8.6.1. prevent or restrict the User in the usage of the Application or

8.6.2. cancel the User’s user account.

8.7. The Operator is further authorized to cancel the user account for any other reason (i.e., without the User violating his or her obligations) in the case of

8.7.1. a free tariff after a period of one month has passed from the day the Operator notified the User;

8.7.2. a paid tariff after a period of two months has passed from the day the Operator notified the User; in this case, the Operator is obligated to repay the User the potential payment received from the User that would apply to a period after the cancelation of the user account.

8.8. The Operator is not obligated to repay the User a payment that has already been paid if:

8.8.1. the User cancels his or her user account with no obligations violated by the Operator;

8.8.2. the Operator cancels the User’s user account due to the User violating his or her obligations stemming from the Contract or the Terms and Conditions.

8.9. After canceling the user account, i.e. after the termination of the Contract, the Operator is authorized (but not obligated)

8.9.1. to remove all of the User’s Content; in this case, the User has no rights to any compensation from the Operator; or

8.9.2. to retain the User’s Content within the Application.

8.10. The decision belongs exclusively to the Operator in accordance with para. 8. 9.

8.11. Cancelation of the user account, i.e., the termination of the Contract for any other reason does not affect the User’s obligation to pay the Operator all payments still owed.

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

8.13. The User, who is a consumer, has the right to withdraw from the concluded contract within 14 days from entering into the contract by canceling his or her user account in the Application. In this case, the Operator is to repay the User a relative portion of the potentially paid expenses for the paid tariff.

 

9. Processor contract - GDPR

9.1. The Operator processes personal data of users in accordance with the Privacy Policy.

9.2. These conditions also contain requisites of the Privacy Policy in accordance with Art. 28 and subsequently the GDPR as follows.

9.3. The Operator, in the context of this Contract, may process personal data for the User as a processor to the extent stated in these conditions in accordance with Art. 4 point 2 and Art. 28 of the GDPR.

9.4. Personal data processing from the Operator’s side will take place for the duration of the contract concluded in accordance with these Terms and Conditions. The Operator is obligated to fulfill the obligations regarding personal data protection for the entire duration of this contract’s effectiveness.

9.5. The Operator processes personal data based solely on the User’s instructions given in accordance with this contract.

9.6. The Operator is to maintain confidentiality in regard to the processed personal data and ensure that persons authorized to operate with the User’s personal data are obligated to maintain confidentiality or to ensure the legal duty of confidentiality applies to them.

9.7. The Operator accepts all necessary arrangements required in accordance with Art. 32 of the GDPR and will not exploit processed personal data for personal use or any other purpose than fulfilling the Contract or purposes specified in the Privacy Policy.

9.8. The Operator is obligated to abide by the condition of involving another processor stated in paras. 2 and 4 of Art. 32 of the GDPR. The Operator processes personal data with the help of other carefully selected processors. This primarily consists of analytics and marketing tools, accounting services.

9.9. The Operator is obligated, at the User’s request, to delete all personal data and copies thereof or return it to the User after the termination of the Contract. The Operator is to delete this data within 60 days at the latest.

9.10. The Operator is obligated to keep records of processing personal data in accordance with the Contract to the minimum extent stated in para. 2 of Art. 30 of the GDPR.

9.11. Any suspicions regarding the violation of personal data security or any other unauthorized access to personal data must be reported via email to the User by the Operator within 24 hours of the discovery.

9.12. The Operator stores personal data on servers within the European Union as specified in the Privacy Policy.

9.13. The Operator shall provide the User with all the necessary information to prove the fulfillment of the obligations stated in the Terms and Conditions or the Regulation regarding personal data and will allow an audit to the User to an appropriate extent. 

9.14. The Operator must be notified of the date of the audit at least 30 days in advance and its extent must not disproportionately interfere with the activities and operational needs of the Operator.

9.15. The User is to cover all audit costs (including an external audit not conducted by the User) that are not a result of obligation violation by the Operator (i.e., a violation by the Operator that can result in the rights and freedoms of natural persons being at severe risk). 

9.16. The User is obligated to maintain confidentiality in regard to all information related to the Operator that he or she learns while conducting the audit and potentially make all persons that he or she authorized and that will attend audit obligated to maintain confidentiality.

 

10. Final provisions

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

10.2. Any disputes between the parties stemming from Contract or arising in relation to it are to be resolved amicably at first. If an amicable dispute resolution is not reached within one month from the day when one party notifies the other of its belief about the existence of a dispute or its proposal for the dispute’s resolution, the dispute shall be resolved by a general court on the proposal of any party.

10.3. n the event that a consumer dispute between the Operator and User – consumer occurs in relation to the Contract, which cannot be successfully resolved by a mutual agreement, the consumer may raise a proposal for an out-of-court settlement of such dispute to the designated subject of out-of-court consumer dispute settlements, which is the

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Praha 2

E-mail: adr@coi.cz
Web: adr.coi.cz 

10.4. In accordance with the appropriate provisions of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council, the parties agree that potential disputes stemming from the Contract shall be decided by the courts of the Czech Republic.

10.5. Transactional acts, announcements, or other forms of communication including potential calls presumed according to these Terms and Conditions can be done between the parties in writing or via email communication, using the email address of the Operator available on the website and the email address of the User that he or she entered when creating his or her user account or that he or she communicated to the Operator.

10.6. The parties proclaim that neither of them considers itself the weaker party, be it in regard to obligations based on the Contract, in regard to the process that led to its conclusion, or in regard to the content of the Contract and they further proclaim that, from an economic perspective, the benefits of the Contract correspond to what each of the parties became obligated to with this Contract.

10.7. If any of the provisions in these Terms and Conditions is or becomes invalid or ineffective, the invalidity or ineffectiveness of this provision shall not result in the invalidity of the Contract and the Terms and Conditions as a whole or any other provisions of the Contract and the Terms and Conditions unless the invalid or ineffective provision is separable from the rest of the Contract or Terms and Conditions.

10.8. The user proclaims to have thoroughly read these Terms and Conditions, and that he or she understands their content and the meaning of all their provisions and clauses has been sufficiently explained, and that he or she accepts them to their full extent without any reservations, which he or she confirms by sending a filled-out form in accordance with para. 3.4. of these Terms and Conditions. The User further proclaims that these Terms and Conditions do not contain any clause or provision that are incomprehensible or particularly disadvantageous for the User that he or she couldn’t reasonably expect in accordance with the provisions in § 1753 and § 1800 of the Civil Code.

10.9. In case of deviations between the different language variants, the Czech variant takes precedence.

10.10. These Terms and Conditions become valid and effective on 14. 2. 2022.