General Business Terms and Conditions of IZON s.r.o. for the Use of Mapulary Application

Preamble

  1. These General Business Terms and Conditions regulate mutual rights and obligations between IZON s.r.o, with the registered office at Technologická 941/12, Holice, 779 00 Olomouc, Company ID No.: 28605161, tel. +420 774 124 699, entered in the Commercial Register kept by the Regional Court in Ostrava, Setion C, File 44354, and third parties, arising out of agreements on Mapulary app access provision, where Mapulary is an electronic system for teaching foreign languages and expanding vocabulary, pursuant to the provision of Section 1751 (1) of Act No. 89/2012 Coll., Civil Code.
  2. Unless otherwise stated hereunder, the below-given terms used in these General Business Terms and Conditions, written with initial capital letters, have the following meaning:
Price means a financial performance for the provision of access to the Paid Service according to the Provider’s current price list, valid at the moment of ordering the Service;
GDPR Regulation of the European Parliament and the Council (EU) No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
Civil Code means Act No. 89/2012 Coll., the Civil Code, as amended;
Business Terms and Conditions means these General Business Terms and Conditions of the Provider, regulating the use of the Mapulary application;
Provider means the owner and operator of the Mapulary application, a business corporation called IZON s.r.o, with the registered office at Technologická 941/12, Holice, 779 00 Olomouc, Company ID No.: 28605161, tel. +420 774 124 699, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 44354;
Service(s) means, within the Mapulary app, an access to the unpaid version of “Free” Services and paid version of the “Basic” and “Premium” Services, jointly or each of them individually, provided by the Provider to the User. A precise content and scope of provided Services is specified in the General Business Terms and Conditions and at the Website;
Free Service means, within the Mapulary app., an access to the unpaid version of “Free” Services, provided by the Provider to the User. A precise content and scope of provided Services is specified in the General Business Terms and Conditions and at the Website;
Basic Service means, within the Mapulary app. an access to the paid version of “Basic” Services, provided by the Provider to the User for the period of 1 (one) month or 1 (one) year. A precise content and scope of provided Services is specified in the General Business Terms and Conditions and at the Website;
Premium Service means, within the Mapulary app. an access to the paid version of “Premium” Services, provided by the Provider to the User for the period of 1 (one) month or 1 (one) year. A precise content and scope of provided Services is specified in the General Business Terms and Conditions and at the Website;
Agreement means an agreement on Mapulary app access provision concluded between the Provider and the User;
Contracting Parties or Contracting Party means the Provider and the User jointly or any of them independently;
Permanent Data Carrier means any tool which is able to store information in a manner suitable for its future use, for the period adequate to its purpose, which allows reproduction of the saved information in an unchanged state. For the purposes of these Business Terms and Conditions, a permanent data carrier means especially a User’s e-mail address;
Paid Service means, within the Mapulary app., an access to the paid version of “Basic” and “Premium” Services, jointly or each of them individually, provided by the Provider to the User. A precise content and scope of provided Services is specified in the General Business Terms and Conditions and at the Website;
User means a natural person or legal entity that concluded the Agreement with the Provider;
User Account means a User Account available at the Website after concluding the Agreement;
Website means the website of www.app.mapulary.com;
Consumer Protection Act means Act No. 634/1992 Coll., on Consumer Protection;
Act on Personal Data Processing means Act No. 110/2019 Coll. on Personal Data Processing.
  1. In case of doubts about the meaning of any term used in the Business Terms and Conditions, this term must be interpreted in accordance with Czech law, in particular the Civil Code.
  2. At the time of registration, the User undertakes to use the Mapulary application in accordance with these Business Terms and Conditions, legal regulations and the Provider's instructions.
  3. The Mapulary application is available to all adults who are authorized to enter into contracts.

I. Introductory Provision

  1. The Mapulary application is an electronic system for teaching foreign languages and expanding vocabulary, which allows the User to create their own image maps of foreign language words (hereinafter referred to as “Maps”) and view Maps shared by other Users. The User is entitled to create Maps themselves or with the help of other Users, and at the same time they decide on the mode of publishing the Maps. From the point of view of publication, 3 (three) Map modes can be distinguished:
    1. Draft – means a Map that has not yet been completed and can only be shared with the co-author;
    2. Private – means a Map that is completed and can be shared with the co-author and other specifically designated Users;
    3. Public – means a Map that is accessible to all Users.
  2. The User is entitled to insert their own images or database images available on the Website into the created Maps.
  3. Further information about Mapulary, including video tutorials and helpful tips, is available on the Website.

II. Offered Services

  1. The Mapulary application offers access to the unpaid Free Service and the Paid Basic and Premium Services on the Website. The current price list of the Paid Services is available on the Website, under the “Price list” link.
  2. Free Service

    1. The basic version of the Mapulary application is completely free of charge for all Users and includes the following services:

      a.1 mapulary editor,

      a.2 a possibility to create 5 (five) own maps with a maximum of 10 (ten) words in one map,

      a.3 access to 15 (fifteen) maps of your choice shared by other Users, or the Provider.

  3. Basic Service

    1. The paid version of Mapulary includes the following enhanced services:

      a.1 machine pronunciation,

      a.2 a possibility to create 100 (one hundred) own maps with an unlimited number of words in one map,

      a.3 access to all maps shared by other Users or the Provider,

      a.4 a possibility to print the map to a pdf file,

      a.5 an opportunity to collaborate on map creation with friends.

  4. Premium Service

    1. An exclusive paid version of Mapulary includes the following enhanced services:

      a.1 a possibility to create an unlimited number of custom maps,

      a.2 a new map on an interesting topic created by the Provider will be available each month,

      a.3 a possibility to connect maps.

III. Agreement Conclusion

  1. The User shall propose the conclusion of the Agreement by filling in the data in the registration form on the Website and sending this data to the Provider by clicking the appropriate button or logging in to their user account on the Facebook or Google web interface. The User is obliged to provide correct, complete and true data. The User is always obliged to fill in the fields marked as mandatory.
  2. Following the delivery of the proposal for the conclusion of the Agreement to the Provider, the Provider will allow the User to log in to the User's User Account and activate the User's access to the Free Service (acceptance). The provisions of Section 1740 (3) of the Civil Code shall not apply. By acceptance, the Contract is concluded.
  3. The User agrees with the use of remote communication means for the conclusion of the Agreement. The costs incurred by the User in the use of means of remote communication in connection with the conclusion of the Agreement (e.g. the costs of the Internet connection to) shall be borne by the User.
    1. The User expressly agrees that the Provider will start providing Services according to the Agreement immediately after its conclusion, i.e. before the expiration of the statutory period for withdrawal from the Agreement within the meaning of Section 1829 (1) of the Civil Code and declares that it has been duly informed that by expressing this consent, it loses the right to withdraw from the Agreement within the meaning of Section 1837 letter a) of the Civil Code.

IV. Duration of the Agreement

  1. Unless expressly agreed otherwise, the Agreement is concluded for an indefinite period of time.
  2. The Agreement expires:

    1. by withdrawal from the Agreement due to a material breach of contractual obligations;

      a.1 a material breach of contractual obligations is deemed to be, among other things, Provider’s failure to provide access to the Services for a period longer than 7 days, to which the User is entitled in accordance with the Business Terms and Conditions and the Agreement;

      a.2 a material breach of contractual obligations is deemed to be, among other things, User’s breach of contractual obligations pursuant to Article VIII of the Business Terms and Conditions.

    2. by a written notice of the User without notice period.
  3. Withdrawal from the Agreement or termination made by the User must be made via e-mail, from the e-mail address specified in the User's User Account on the Website.
  4. The effects of the termination of the Agreement pursuant to para 2 of this Article shall occur on the day of demonstrable delivery of the withdrawal or termination to the other Contracting Party.
  5. The User Account and the User's access to the Services will be deactivated within 2 (two) working days from the date of entry into force of the termination of the Agreement pursuant to para 2 of this Article.
  6. In the event of termination of the Agreement pursuant to letter a 1) and b) of this Article, financial benefits provided within the meaning of Article VI the Business Terms and Conditions shall not be refunded.
  7. In the event of termination of the Agreement pursuant to para 2 letter a.2) of this Article, the User will be refunded a part of the Price for purchased Paid Services with an annual subscription in an amount representing the as yet unused number of months of the given Service as of the effective date of termination of the Agreement. In the event of termination of the Agreement pursuant to para 2 a) 2) of this Article, the User will be refunded a part of the Price for purchased Paid Services with a monthly subscription in an amount representing the as yet unused number of months of the given Service as of the effective date of termination of the Agreement.

V. User Account

  1. The User's User Account will be put into operation in connection with the User's registration and conclusion of the Agreement on the Website and will be available in the upper right corner of the main menu.
  2. The User is obliged to update their personal data specified by the User in the User Account in the event of any change. The data provided in the User Account are considered correct and true by the Provider.
  3. Every User can only have one User Account.

VI. Basic and Premium Services

  1. The Basic and Premium Services are provided for as paid services for a period of 1 (one) month or 1 (one) year with the possibility of automatic renewal of the Services.
  2. The Basic and Premium Services are provided to the User who has entered into the Agreement with the Provider.
  3. The User shall pay the Price (subscription) for access to the Basic and Premium Services according to the current price list of the Provider valid when ordering the Service. The current price list of the monthly and annual subscription to the Basic and Premium Services is available on the Website, under the “Price list” link. Prices are given in CZK, including VAT.
  4. The Provider is entitled to change the price list at any time by posting a new price list on the Website, under the “Price list” link. The change in the Price does not affect already purchased Services. For Agreements with automatic renewal of Services, the price according to the current price list valid from that day will be used from the first day of the renewed duration of access to the Paid Services.
  5. The User shall order the Paid Services by selecting a specific Service and the length of the subscription on the Website, under the “Price List” link, by filling in the billing data and paying the Price according to the Provider's current price list valid when ordering the Service (hereinafter referred to as the “Order of Paid Services”).
  6. Following the delivery of the Order of Paid Services to the Provider and successful payment of the Price, the Provider will issue an invoice confirming payment of the Price, available in the User Account under the “My Invoices” link and activate the User access to the purchased Service for the period according to the selected subscription type.
  7. The price for access to the Basic and Premium Services can only be paid through the payment gateway and the method of payment offered by ComGate Payments, a.s. The User is responsible for the correct completion of complete payment information.
    ComGate Payments, a.s.
    Gočárova třída 1754 / 48b, Hradec Králové
    E-mail: platby-podpora@comgate.cz
    Tel: +420 228 224 267
  8. If the User activates “Automatic payment deduction” in the User Account, in the “Billing Data” link, they agree that the Service purchased by the User will be automatically renewed and ComGate Payments, a.s. will make automatic payment according to the current price list of the Provider in the appropriate interval without the need for personal authorization of the payment by the User. The frequency of automatic renewal and payment corresponds to the selected type of subscription (month or year), while the payment for the following period will always take place after the end of the previous period. The User acknowledges that the Provider will not store the payment card number but it will retain payment information that can be used for the automatic renewal of the Services. The User is entitled to deactivate “Automatic payment deduction” at any time in their User account, in the “Billing data” link.
  9. The User expressly agrees that the Provider will start providing Services purchased according to this article immediately after delivery of the Order of Paid Services and paying the Price, i.e. before the expiration of the statutory period for withdrawal from the Agreement within the meaning of Section 1829 (1) of the Civil Code and declares that it has been duly informed that by expressing this consent, it loses the right to withdraw from the Agreement within the meaning of Section 1837 letter a) of the Civil Code.

VII. Rights and Obligations of the Provider

  1. Due to the nature of the Services, the Provider is not able to guarantee 100% availability of the Services. The Provider does not have to provide the Services especially in the case of:
    1. routine maintenance (not exceeding 7 hours per month) or removal of extraordinary failures,
    2. force majeure, i.e. in the event of power outages, data network outages or other failures caused by third parties,
    3. outages caused by cyber attacks, etc.
  2. The Provider does not guarantee the functionality and correct display of digital content if the User uses a non-standard web browser (current browsers are considered to be, without limitation, current versions of browsers IE10 +, FF57 +, Opera 57+, Chrome 63+ or Safari10 +, with JavaScript, CSS styles and image display enabled, or suitable equivalent of a web browser in the portable device used).
  3. The Provider is entitled to change, supplement or limit the structure of the Services, the elements of the Services provided and the scope of the Services, without having to notify the User thereof.
  4. The Provider is entitled to deactivate the User's access to the system and terminate or suspend the provision of Services if the User violates their obligations under Article VIII of the Business Terms and Conditions.
  5. The Provider is entitled to perform a preventive control of information or other materials stored or disseminated by the User within the Services. In the event that the content of this information could violate these Terms and Conditions, the Provider is entitled to delete this information or other materials or prevent their dissemination.
  6. In cases of suspension or restriction of the provision of Services for reasons on the part of the Provider, the Provider's liability towards the User is limited only to the responsibility to resume the provision of Services. The User does not have the right to assert other claims from the right of liability for defects or damage (including lost profits).

VIII. Rights and Obligations of the User

  1. Based on the Agreement, the User is entitled to access their User Account and the content of the Services that will be made available to it. From their user interface, the User can, in particular, manage their data, enter and delete information about themselves. The User acknowledges that the Provider is not responsible for the settings made in the User Account.
  2. As part of the use of the Services, the User may not store or disseminate information or other materials, the content of which is contrary to good morals, public order or generally binding legal regulations, in particular content that:
    1. infringes on the copyrights or rights related to the copyrights of third parties,
    2. interferes with the rights to protection of the personality or reputation of third parties,
    3. captures sexist, vulgar or rude attitudes,
    4. calls for violence,
    5. violates legal norms aimed at protecting against hatred of a nation, ethnic group, race, religion, class or other group of persons or restricting the rights and freedoms of their members.
  3. The User may not, within the use of the Services, use mechanisms, tools, software or procedures that have or could have a negative effect on the operation of the Provider's equipment, the security of the Internet or other Internet users.
  4. The User may not engage in activities aimed at disabling or restricting the operation of the Services or the Provider's server on which the Service is operated, or perform other attacks on this server, nor may they assist a third party in such activities. The User may not use the User Account and the Services in a way that would unreasonably restrict the use of the Services by other customers of the Provider or otherwise unreasonably restrict the Provider. In particular, the User may not burden the Provider's server on which the Service is operated with automated requests and use automated software or other software that is not supported by the Provider for the purposes of the Services.
  5. Given that the Service enables the storage or publication of information by the User, the User acknowledges that the Provider is not responsible for the content of such information in accordance with the provisions of Section 5 of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts.
  6. Access data and access to the Services are intended for one natural person only and are non-transferable. The User has no right to provide, assign, rent, lend or otherwise provide third parties with access to the Services in whole or in part, permanently or temporarily, for a fee or free of charge without the prior written consent of the Provider. Sharing of access data between several natural persons is not permitted, even if the User is a legal entity; the legal entity is obliged to designate one natural person who will have access to the Services. The User is obliged to keep secret the access data to the Services, including password. In the event of loss of access data or suspicion of their misuse or leakage, the User is obliged to immediately inform the Provider. However, the Provider is not liable for any damage caused by misuse of access to the Services. In case of suspicion of sharing access to the Services, the Provider is entitled to temporarily suspend access to the Services, pending verification of the entire matter.

IX. Copyright Protection of Website Content and Licenses

  1. The User acknowledges that texts, graphic works and other elements contained on the Website (hereinafter referred to as “Author's Works”) are individually and/or as a whole protected by copyright. Unless otherwise agreed in these Business Terms and Conditions, the authorized use of copyright works by the User may only occur within the user interface of the Services, so it is forbidden to reproduce, store or copy this content in any way, as well as circumvent technical means designed to protect the content, unless it is carried out in a manner expressly permitted by law.
  2. The User acknowledges that the computer programs that make up the Website are protected by copyright. The User undertakes not to perform any activity that could enable them or third parties to interfere with or use computer programs for which the Provider is the executor of property rights or the user without authorisation.
  3. The User acknowledges that the content created, shared, published or uploaded to the Website in the Free Service becomes the property of the Provider at the moment of creation, sharing, publication or uploading to the Website.
  4. The Provider declares that it does not claim ownership of the content that the User creates, shares, publishes or uploads to the Website in the Basic or Premium Services. The User hereby grants a non-exclusive, free, transferable, licensable and worldwide license to host, use, share, copy, etc. for the created, shared, published or uploaded content to which intellectual property rights apply. The User is entitled to terminate this license at any time by deleting the content or terminating the Agreement. If the User has shared the content with other Users who have not deleted it, the content will continue to be displayed.

X. Personal Data Protection

  1. By concluding the Agreement, the Provider is authorized to process the User's personal data in accordance with the GDPR Regulation and the Personal Data Processing Act.
  2. The source of personal data is the User. The Operator obtains personal data from the User by filling it in and providing it when concluding the Agreement and when creating an Order for Paid Services.
  3. The purpose of processing personal data by the Provider is (i) concluding and performing the Agreement and the Order of Paid Services on the basis of which the Provider will provide Services to the User, (ii) satisfying legal obligations for the Provider following from the GDPR Regulation, Personal Data Processing Act and other generally binding legal regulations, (iii) another purpose for which the User has expressed their consent to the processing of personal data, (iv) another purpose that is compatible with the purpose for which the User's personal data was originally obtained. The processing of personal data for archiving or statistical purposes is considered to be compatible with the original purpose within the meaning of the GDPR Regulation and the Personal Data Processing Act. In the case of processing for the purposes in question, the Provider has in place adequate and effective technical and organizational measures, which will ensure, without limitation, the minimization of personal data and depending on how the purposes can be achieved, also ensure pseudonymisation (it will be impossible to assign personal data to a specific User without additional information stored separately) or by anonymisation (it will be impossible to assign personal data to a specific User, which cannot be further identified).
  4. The legal basis for the processing of personal data by the Provider is the performance of contractual obligations towards the User, the fulfilment of the Provider's legal obligations and the free and unconditional consent to the processing of personal data granted by the User.
  5. The scope of processed User's personal data is as follows: (i) e-mail address, (ii) name and surname, in the case of an Order for Paid Services (iii) invoicing data (e.g. postal address, company ID number, VAT number, telephone number), (iv) or other personal data processed in accordance with generally binding legislation.
  6. The provision of personal data by the User is voluntary. The provision of personal data is a contractual requirement that is necessary for the conclusion and performance of the Agreement and the Order of Paid Services.
  7. The Provider is entitled to store the processed personal data to the necessary extent and in a form that enables the identification of the User, for the maximum period of time necessary to fulfil the purpose for which it is processed. After the expiration of the period of legitimate storage of processed personal data, the Provider shall ensure without an undue delay the deletion or anonymisation of personal data in accordance with the GDPR Regulation and the Personal Data Processing Act.
  8. In accordance with the GDPR Regulation and the Personal Data Processing Act, the User has the right to withdraw their consent to the processing of personal data at any time. Withdrawal of consent does not affect the lawfulness of the processing of personal data based on consent before its withdrawal. If the User withdraws their consent to the processing of personal data and there is no other legal basis for processing personal data (e.g. the need to perform the Agreement or legal obligations), the Provider will ensure without an undue delay the deletion or anonymization of personal data in accordance with the GDPR Regulation and the Personal Data Processing Act.
  9. The Provider is entitled to provide the User's personal data to the necessary extent to the following recipients: (i) persons who, on behalf of the Provider, assert and enforce the Provider's legal claims out of court and in litigation in order to assert and enforce the Provider's legal rights, (ii) courts, licensed executors, law enforcement or other public authorities, for the purpose of exercising and enforcing the Provider's legal claims or fulfilling the Provider's obligations under generally binding legal regulations, (iii) persons providing security and protection of Websites and information infrastructure for the Provider, (iv) ComGate Payments, as in order to ensure payment for the Paid Services through the payment gateway.
  10. Within the meaning of the GDPR Regulation, the User has in particular (i) the right to access the data processed about them, (ii) the right for it be corrected, (iii) the right to have it deleted, (iv) the right to restrict processing, (v) the right to object to the processing, (vi) the right to withdraw their consent at any time, without prejudice to the lawfulness of the processing based on the consent given before its withdrawal.
  11. If the Provider processes personal data of natural persons, either from the position of controller or processor of personal data, it undertakes to comply with the rules set out in the GDPR Regulation and the Personal Data Processing Act.

XI. Mail Delivery

  1. Unless otherwise agreed, delivery to the Contracting Parties shall be made by electronic mail (simple e-mail).
  2. It is delivered to the User to the e-mail address specified in the User's User Account on the Website.
  3. It is delivered to the Provider to the e-mail address info@mapulary.com.
  4. The message is delivered as soon as it is received on the incoming mail server.

XII. Complaints and Settlement of Disputes

  1. The Services will be provided to the User in a quality that can be reasonably expected, taking into account the nature of the Services and their purpose.
  2. The User is entitled to complain about defects in the Services and request their correction from the Provider within 10 (ten) days from the date of occurrence of the relevant defect, via e-mail at info@mapulary.com. In the complaint, the User shall specify exactly what the claimed defect consists of and at the same time to state the time period for which the defect occurred.
  3. In the event of a justified complaint, the User is entitled to a reasonable discount from the Price of the Paid Services, or the period during which they will be able to use the Paid Services will be reasonably extended according to the Provider's choice. The Provider will inform the User about the settlement of the complaint to the e-mail address specified in the User's User Account on the Website.
  4. If the User is a consumer and there is a dispute between them and the Provider, including a dispute regarding the settlement of a complaint, they have the opportunity to contact the Provider with a remedy; if the Provider rejects the request for remedy or does not respond within 30 (thirty) days from the date of its dispatch, the consumer has the right to file a motion to initiate an out-of-court settlement of their dispute pursuant to the provisions of Section 20d et seq. of the Consumer Protection Act.
  5. The competent entity for out-of-court settlement of consumer disputes with the Provider is the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 0020869, e-mail: adr@coi.cz, or another entity authorized by the Ministry of Industry and Trade entered in the list of entities for out-of-court settlement of consumer disputes maintained by the Ministry of Industry and Trade of the Czech Republic.
  6. The consumer can use the on-line dispute settlement platform available at http///ec.europa.eu/consumers/odr/ to apply for an out-of-court settlement of their dispute.
  7. If the User is not a consumer and a dispute arises without finding an amicable solution, the disputes will be submitted to the relevant general court of the Czech Republic.

XII. Final Provisions

  1. The Provider's and the User's relations, which are not explicitly regulated in these Business Terms and Conditions, are governed by valid and effective legal regulations of the Czech Republic (regardless of the User's nationality), in particular the Civil Code and the Consumer Protection Act.
  2. The Provider is entitled to unilaterally change the Business Terms and Conditions at any time. The Provider is obliged to inform the User about such change sufficiently in advance, via an electronic message sent to the e-mail address specified in the User's User Account on the Website. If the User does not agree with the change of the Business Terms and Conditions, they are entitled to terminate the Agreement within 15 days from the publication of the change of the Business Terms and Conditions pursuant to Article IV (2) b) of the Business Terms and Conditions. After the expiration of the deadline for sending the disagreement with the change of the Business Terms and Conditions in vain, the User is deemed to agree with the change of the Business Terms and Conditions and the changed conditions will take effect on the day specified therein. On the day the change of the Business Terms and Conditions takes effect, the Agreement is also changed, in accordance with the change of the Business Terms and Conditions.
  3. If any provision of the Business Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
  4. The Provider is entitled to assign the rights and obligations following from the Agreement to a third party, with which the User agrees.
  5. These General Business Terms and Conditions come into force and effect on xxx.