General Terms and Conditions

I. Introductory Provisions

1.1. These General Terms and Conditions for the Provision of Services (hereinafter referred to as the "General Terms and Conditions" or "GTC") govern in accordance with Section 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"):

and. Mutual Rights and Obligations of ForClassmates s.r.o., Company ID: 05625351, Tax ID: CZ05625351, with its registered office at Evropská 516/10, 160 00 Prague 6, Czech Republic, registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 297922, as a provider (hereinafter referred to as the "Provider") or a Linked Person (as this term is defined below) on the one hand, and a Participant on the other (hereinafter referred to as the "Participant" or "User") when providing services, applications, software, products, ordering a Subscription enabling the use of the Application (as this term is defined below), which are accessible through the Application (as this term is defined below) and are defined in more detail in these General Terms and Conditions (hereinafter referred to as the "Services") through an online learning platform (hereinafter referred to as "ForClassmates" or "Application"), which is available at the internet address www.forclassmates.com (hereinafter referred to as the "Website" or "Server"), and when using the Application, on the basis of a contract for the provision of services (hereinafter referred to as the "Contract") concluded between the Provider on the one hand and the Participant on the other hand, in the manner specified in these GTC. The General Terms and Conditions form an integral part of the Agreement.

b. mutual rights and obligations of the Provider on the one hand and the Participant, who is at the same time the creator who intends to place his/her work and other content in the Application (hereinafter referred to as the "Creator"), on the other hand, when using the Application, on the basis of a license agreement (hereinafter referred to as the "Licence Agreement") concluded between the Provider on the one hand and the Creator on the other hand, in the manner specified in these GTC and in the Provider's licence terms accessible at this address https://www.lawinsider.com/dictionary/license-terms-and-conditions (the "License Terms"). The General Terms and Conditions form an integral part of the Agreement and the License Agreement.

1.2. The purpose of the Application, the Agreement and the License Agreement is to set the rules on the basis of which the Application (online educational platform) will operate, which allows Users to use the Application as a source of information and at the same time as an environment for testing knowledge and understanding in an interactive and entertaining way, while the Creator (in particular a person focusing on commercial tutoring of students, an influencer in the field of education, a publishing house or another person) creates and publishes content, which Users use and otherwise consume in the Application in this way, which enables them to digitize, monetize and share the Creator's educational materials.

The Service is based on the fact that the User uses the Application as a source of information and at the same time as an environment where they can test their knowledge. The application is either gradually passed within the course or according to specific topics within the Encyclopedia. The User can rate the content with stars or likes and bookmark the content of the Application, or answer questions and get immediate feedback with the correct step-by-step solution.

1.3. A creator can only be a person who has an account with a payment processor, Stripe (stripe.com), or another current payment processor with whom the Provider decides to cooperate in the future (hereinafter referred to as the "Payment Processor"), and who also provides the Payment Processor with proof of identity and has his/her age verified. The Acquirer is obliged to inform the User of the change of the Payment Processor at least one month in advance via the Client Interface or the Web Interface and/or a message sent to the Account and/or in another suitable and available form.

1.4. Terms defined in these General Terms and Conditions shall have the same meaning in all contractual documents related to the above-mentioned Services, unless otherwise expressly provided for in any of them.

1.5. If the Client's terms and conditions of delivery differ from these GTC, these GTC shall apply, unless the Provider and the User agree otherwise in writing. The User's terms and conditions of delivery are binding on the Provider only if the Provider acknowledges them in writing.

1.6. The wording of the GCTC may be changed or supplemented by the Provider in the manner specified in the GCTC. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the GTC.

1.7. The Operator of the Application is:

ForClassmates s.r.o.,

ID: 05625351

Tax registration ID: CZ05625351

with its registered office at Evropská 516/10, 160 00 Prague 6, Czech Republic, registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 297922

Email: info@forclassmates.com

1.8. The Contract and the related documents mentioned below in these General Terms and Conditions, i.e. in particular these General Terms and Conditions, including the annexes, establish a legal relationship between the Provider and the Participant, where the Provider undertakes to provide the Participant with the Contract and these General Terms and Conditions, including the annexes, to provide the Participant with the required Services to the agreed extent and quality, and the Participant undertakes to pay the Provider a fee according to the valid Price List of Services provided in accordance with these General Terms and Conditions, including the annexes and the Contract, possibly together with statutory default interest, agreed contractual penalties and fees or penalty fees, fees for calls, or other possible financial performances that are parties to the Contract and these General Terms and Conditions, including annexes agreed in the event of a breach of the agreed obligations arising from the Contract and these General Terms and Conditions, including annexes by the Participant.

II. Definitions of certain terms

2.1. "Activation" means the moment of putting the Web Interface of the Application into operation.

2.2. "Subscription Price List" means the price list setting the price of the Subscription (as that term is defined below). The Provider is entitled to unilaterally change the Subscription Price List at any time, but any change to the Subscription Price List does not apply to the current Subscription period (as this term is defined below) ordered before the date of such change. The current Subscription Price List is available at the following address http://www.forclassmates.com/#pricing.

2.3. "Invoice" means a bill for services already provided or a prescription for billing for services provided.

2.4. "Client Interface" means an electronic repository managed by the Provider and accessible to the Participant through the Web Interface using a unique login and password chosen by the Participant.

2.5. "Credit" means a means of payment for the Services that can be used to unlock the display of the Site (as this term is defined below). The amount of credits is dependent on the selected Subscription (as that term is defined below). Credits of the Provider used to pay for the Service under the terms and conditions specified in these GTC.

2.6. "Restriction of Services" means the prevention of active access to the full scope of the Services provided.

2.7. "Related Person" means any entity that is a subsidiary, parent or sister company of the Company, or any entity that is directly or indirectly controlled, controlling or under common control with the Company.

2.8. "Subscription" means time-limited paid or gratuitous access to the Services in the Application associated with a certain amount of Credits that can be used to pay for the Services in the Application.

2.9. "Subscription Period" means the period of time for which the Participant has paid the Subscription in the case of a Paid Subscription, during which the Participant is entitled to use the Services and use for these purposes the prescribed number of Credits per day in its Account (as this term is defined below). Unless otherwise agreed, the Subscription Period is one calendar month. In the case of an Unpaid Subscription, the Subscription Period is considered to be the duration of the Account.

2.10. "Interruption of the Services" means such an interruption in the continuous provision of the Service that occurred:

and. for reasons arising from applicable legislation or from a decision of a public authority;

b. due to an act (in the form of an act or omission) of the Participant that is contrary to the Contractual Documents and/or applicable law;

2.11. "Registration" means the procedure for opening an Account set out in these GTC.

2.12. "Contractual Documents" means all documents and arrangements between the Provider and the Participant that govern the provision of Services. These are the Agreement, License Agreement, License Terms and other documents that are listed as annexes to the Agreement.

2.13. "Terms and Conditions" means the Agreement, these General Terms and Conditions and all other documents that govern the mutual rights and obligations of the Contracting Parties.

2.14. "Reduction in the value of the Subscription" means a situation where the User orders a new Subscription that is associated with a lower number of Credits that can be used to pay for Services in the Application compared to the previous version of the Subscription.

2.15. According to Section 419 of the Civil Code, a "consumer" under these General Terms and Conditions is any natural person who purchases goods outside the scope of their business activities.

2.16. "Account" means the user account of the User within the Client Interface of the Provider.

2.17. "Force majeure" means an unavoidable event temporarily or permanently preventing the fulfilment of the Provider's obligations set out in the Contractual Documents, if it occurred independently of the Provider's will and if this circumstance or its consequences could not be averted by the Provider even if all efforts that can reasonably be required in the given situation were made. Force majeure includes, in particular, wars and natural disasters of considerable magnitude having direct consequences for the subject matter of the Provider's performance.

2.18. "Web Interface" means a software application operated by the Provider, which enables communication between the Provider, the Participant and the Creator via the Internet.

2.19. For the purposes of this Agreement, "Applicant" means a natural or legal person who has expressed interest in the Provider's Services.

2.20. "Increase in the value of the Subscription" means a situation where the User orders a new Subscription that is associated with a higher number of Credits that can be used to pay for Services in the Application compared to the previous version of the Subscription.

III. Account and Conditions for Concluding the Contract

3.1 The User has the right to use the Registration to create an Account on the Server for the purpose of ordering Services and performing activities according to these GTC.

3.2 The User registers an Account by filling in at least the marked mandatory registration data (i.e. e-mail, password, or other data required by the Provider) on the Server and subsequently saving them. At the same time, the User must agree to these GTC and familiarize themselves with the information on the processing of Personal Data. After saving the data pursuant to this paragraph, the Provider shall send the User a confirmation of the completion of the Registration to the e-mail address and invite the User to confirm the registration by clicking on the link sent by e-mail.

3.3 Within three days from the date of Account Registration, the User is obliged to fill in other necessary information, at least the name and surname, date of birth, permanent residence address and country.

3.4 Contact details filled in by the User during Registration shall be published on the Server only with the consent of the User. However, the User grants the Provider consent to publish the User's profile photo and user name on the Server. At the same time, the User acknowledges that the User's username may be generated automatically during Account Registration, and the User is then entitled to change such automatically generated username in their Account.

3.5 In the event of a change in the data used during the Registration, the User is obliged to update it in his/her Account without delay.

3.6 Access to the Account is secured by Access Data. Both the User and the Provider are obliged to maintain confidentiality regarding the Access Data.

3.7 The User is not entitled to disclose his/her Access Data to third parties. In the event that the User allows such access to a third party, even through negligence, the User shall be liable for any misuse of the Account or for the misuse of his/her Access Data as if it were his/her own conduct, and shall also bear the entire risk of contractual sanctions applied by the Provider.

3.8 The User acknowledges that the Account may not be available continuously, in particular with regard to the necessary maintenance of the Server provider's hardware and software, or the necessary maintenance of third-party hardware and software.

3.9 The User undertakes not to publish any data the content of which is contrary to the law of the Czech Republic. Furthermore, the Provider undertakes not to hold the Provider liable for any legal claims of third parties arising from the publication of data entered by the User through the Account.

3.10 The User bears all responsibility for the activity on their Account.

3.11 When using the Application, the User is obliged to refrain from any conduct that is contrary to the relevant legal regulations or general rules of decency or offensive to any third parties.

3.12 The Provider may cancel the Account, in particular if the User does not use their Account for more than 1 year or is in default with the payment of the Subscription Price for more than 30 days, or if the User otherwise breaches their obligations under the Contract (including the GCTC).

3.13 The content of the Application, including the creation and content placed in the Creator's Application, is protected by the intellectual property rights of the Provider and may be protected by other rights of third parties. The User may not change, copy, reproduce, distribute or use the Content for any purpose contrary to the spirit of the Agreement. In particular, it is forbidden to make photographs and texts posted in the Application available for a fee or free of charge.

3.14 The information provided by the User in the Account is considered to be true, accurate and correct. Liability arising from incorrect or false provision of data shall be borne by the User.

3.15 The User declares that all documents, materials, data or personal data entered into the Application are legally treated in such a way that no third party will legitimately assert any claims against the Provider, in particular arising from copyright, Act No. 110/2019 Coll., on the processing of personal data, as amended, or Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on free movement and repealing Directive 95/46/EC (General Data Protection Regulation) ('GDPR').

3.16 In connection with Article 3.15 of these GTC, the User acknowledges that the Provider is in the position of a personal data processor in relation to the personal data of third parties. In this context, the User declares that he/she has a proper title to process the personal data of third parties entered into the Application within the meaning of the relevant provisions of the GDRP and is entitled to enter such personal data into the Application.

3.17 The User acknowledges that the performance of some of the Provider's contractual obligations is not possible without automatic processing of information about the User's activity in the Application. Specifically, it is the storage and evaluation of the User's answers within the framework of educational tests, or the storage and evaluation of information on the fulfillment of educational obligations by the User. As this is the processing of personal data within the meaning of the GDPR, other related information is contained in the privacy policy available in the Application.

3.18 The User is also obliged to:

and. maintain his/her Account under the same name he/she uses in everyday life,

b. Provide accurate information about yourself

c. have created only one (your own) Account.

3.19 The User is entitled to request the cancellation of his/her Account at any time by writing to the e-mail address info@forclassmates.com.

3.20 The Provider is entitled to refuse to conclude the Contract, purchase the Subscription, reject a proposal to amend the Contract consisting in the extension of the Services provided or to require a deposit for the Services provided, in particular:

and. if the Applicant or Participant is in default with the fulfilment of any of its obligations towards the Provider, even if it is not an obligation under the same Contract,

b. if the Applicant or Participant is in execution or insolvency proceedings are initiated against him/her, or if the conclusion of the Contract and the eventual performance of the Contract could be in demonstrable conflict with the rights and protected interests of the Provider or the interests of third parties,

c. for technical or operational reasons;

d. if the Interested Party's or Participant's Account has already been cancelled or suspended due to a breach of the GTC or other terms and conditions and policies that apply to the use of the Application. If the Account of a Participant or Applicant is cancelled or suspended for the above reasons, the Participant agrees not to create another Account without the consent of the Provider. Permission to create a new Account is granted by the Provider at its own discretion.

3.21 Users are prohibited from posting in the Application creations and other content that:

and. violates any applicable law or is in any way misleading, discriminatory or fraudulent;

b. is abusive to other people,

c. exploits the intellectual property of others, unless the Creator has written permission to do so, or unless the use is protected by a statutory license, or otherwise infringes the intellectual property rights or proprietary rights of others (for example, infringement of another's copyright or trademark), unless there is an exception or limitation in applicable law;

d. contains pornography and any other adult content depicting nudity, erotic or explicit sexual acts, promotion of alcohol or substance abuse;

e. is intended to promote or offer services that are contrary to applicable law or otherwise unethical;

f. contains or consists of any of the prohibited and restricted trades listed by Payment Processor Stripe on its website (https://stripe.com/en-gb-us/legal/restricted-businesses), as amended from time to time.

If the Provider believes that any creation or content placed in the Application violates this prohibition or is otherwise in conflict with the GTC, the Provider is entitled to delete or disable access to such creation or content and suspend or cancel the User's Account, both at the discretion of the Provider.

3.22 The User is obliged to refrain from actions by which he/she obtains data from the products, functionalities and content of the Provider, Users or other Creators without having their consent, or collects them using automated means, or attempts to access data to which he/she is not authorized to access.

3.23 The User is responsible for all content created or placed in the Application, including its legality, reliability, accuracy and suitability.

3.24 The User is responsible for the correctness of the content of the creation and content published in the Application, and for ensuring that such creation and content comply with legal regulations and do not infringe on the rights of third parties. In the event that third parties legitimately assert claims from the publication of the Creator's work and content, the Creator is obliged to satisfy these claims.

3.25 In the event that the User publishes an incomplete or incorrect creation or content in the Application, the Provider shall not be liable for any defects in such content caused by incomplete or incorrect creation or content.

3.26 Users are entitled to export the creation and content published in the Application to PDF or another similar format and to use it in electronic or printed form for personal purposes, but they are not allowed to pass off this creation and content as their own, copy them in any way, store them in public storage, sell them or distribute them in any other way to other people or otherwise violate these GTC.

3.27 The User, the Creator and the Provider acknowledge and agree that:

and. The Provider is not responsible for the technical aspects of payments and monetary transactions that occur when using the Service and the Application,

b. all payments and money transactions are processed and funds may be withheld by the Payment Processor in accordance with the Payment Processor's rules until they are paid, without any financial compensation (including, but not limited to, damages, contractual penalty, interest on late payment);

c. The Provider shall not be liable for any problems relating to transactions between the User or the Creator and any other party, including the Payment Processor or Stripe,

d. The Provider shall be responsible for all instructions given to the Payment Processor;

e. The Provider shall not be liable for whether the Payment Processor fulfils any of its obligations towards the Creator or the User,

f. it is prohibited to use stolen credit cards or unauthorized credit cards through Stripe or any other Payment Processor to pay for App services.

IV. Services Provided

4.1 The Provider undertakes to provide its Services in accordance with generally binding regulations to the extent and quality agreed in the Contract and related Contractual Documents.

4.2 The Participant further undertakes to use the provided Services in accordance with the applicable legal regulations of the Czech Republic and not to misuse the provided Services to commit any illegal activity.

4.3 The Provider provides a non-exclusive authorization and license for the normal use of the Application. The User is not entitled to assign, sublicense or otherwise provide his/her authorization and license to third parties in any other way than expressly permitted in these GTC.

V. Subscriptions

5.1 The Provider offers the Users various types of Subscriptions, and the User has the opportunity to choose from the options offered. For some types of Subscriptions, the User is obliged to pay a fee to the Provider (hereinafter referred to as the "Subscription Price"), other types of Subscriptions are provided free of charge. Individual types of Subscriptions differ from each other in the following attributes:

and. what is the maximum daily amount of Credits (hereinafter referred to as the "Maximum Daily Amount of Credits") that the User may use within their Account to purchase Services,

b. whether or not Account Registration is required to use the given type of Subscription,

No. whether the Subscription is subject to the Subscription Price (hereinafter referred to as the "Paid Subscription") or whether the Subscription is provided free of charge (hereinafter referred to as the "Unpaid Subscription").

5.2 The Subscription Types and Subscription Price are set out in the Subscription Price List.

5.3 The User agrees to pay for the Subscription Prices according to these GTC. Payments can be made monthly, annually or otherwise as agreed. Payments for the Subscription will be made on-line through the Payment Processor, or by other means enabled by the Provider within the Client Interface.

5.4 Paid Subscriptions will continue until the end of the Subscription Period. An unpaid Subscription will last for the entire duration of the Account. The User is entitled to cancel the Subscription or change the type of Subscription at any time. Termination or change of the type of Paid Subscription in which the Subscription Impairment occurs will become effective in the following (not current) Subscription period. Termination or change of the type of Paid Subscription in which the Increase in the Value of the Subscription takes place shall become effective at the time such Paid Subscription is ordered. If the User does not cancel his/her Paid Subscription before the expiry of the Subscription period, the Provider is entitled to charge the Subscription Price for the following Subscription period through the Payment Intermediary from the payment card specified by the User.

5.5 The Provider or the Payment Intermediary shall be entitled to provide the Users with discount coupons or codes or other tools reducing the Price of the Subscription.

5.6 The Customer has the right to cancel his/her Subscription at any time. Cancellation can be made through the customer Account or by contacting the Provider via e-mail.

5.7 The Customer has the right to interrupt the Subscription due to maintenance or technical problems. The customer will be notified of such interruption.

5.8 When purchasing a Paid Subscription, the Customer is required to add a payment card. When you add a credit card, the card details are stored with the Payment Processor. However, the Provider reserves the right, to the extent legally possible, to change the Payment Processor at any time and without prior notice. The Provider does not store any information about payment cards.

5.9 The User and the Creator acknowledge that some banks may charge a foreign transaction fee for the Subscription. The user has no way of influencing this fee.

5.10 The Provider shall state the Subscription Price in CZK or another currency according to the language version of the Web interface selected by the User, according to the current exchange rate obtained from the Exchange Rate API.

5.11 If the Provider is a VAT payer, the price of the Subscription will in such a case include or without VAT, which is always added in the amount stipulated by law as of the date of taxable supply, and also including all fees stipulated by law.

5.12 The User acknowledges that all oral and telephone information about prices is only informative, is non-binding on the part of the Provider until the moment of conclusion of the Contract, and is not enforceable by the Client.

5.13 In accordance with Section 630 of the Civil Code, the User declares that it extends the limitation period of all rights arising from the Provider under the concluded Contract to a period of 15 years from the moment this period begins to run. Such a declaration shall also apply to rights arising from withdrawal from the Agreement.

VI. Credit system

6.1 Each type of Subscription is associated with a certain amount of Credits, which will be credited to the User's Account on a daily basis and which the User may use on a daily basis. The exact amount of Credits associated with each type of Subscription is specified in the Subscription Price List.

6.2 Viewing any page with educational content contained in the Application in the "Topics" or "Questions" section (hereinafter referred to as the "Site") or for each display of a question within the Site or an interactive video contained on the Site is charged with Credits. After clicking on any Page, question within the Site or interactive video, one Credit will be deducted from the User's Account.

6.3 At 00:00 CET (Central European Time) (hereinafter referred to as the "Renewal Period"), the Credits on the User's Account will be renewed so that the balance of Credits on the User's Account reaches the Maximum Daily Amount of Credits for the given type of Subscription purchased by a particular User. Credits that have not been used up before the Moment of Renewal are not carried over to the next day. Thus, the User can reach a maximum of the Maximum Daily Amount of Credits on their account.

6.4 If the User uses up the Maximum Daily Amount of Credits, he/she will be informed of this fact within the Web Interface and will be offered the option to order a type of Subscription with a higher Maximum Daily Amount of Credits. The User acknowledges that if he/she does not use the option to order a type of Subscription with a higher Maximum Daily Amount of Credits, he/she is not entitled to order further Services using Credits until the Moment of Renewal. They are entitled to continue using the services they have already purchased using Credits.

6.5 Any complaints related to the use of Credits shall be made by the User without undue delay after discovering any discrepancies and to submit relevant evidence to the e-mail address of the info@forclassmates.com Provider.

6.6 In the event of Account cancellation, the User is not entitled to any compensation for unused Credits that were in the Account at the time of Account cancellation.

VII. License Agreement

7.1 The rights and obligations between the Provider and the Creator relating to the creation and content that the Creator places in the Application, the Author's remuneration and its payment to the Creators (hereinafter referred to as the "Creators' Payout") are governed by the License Agreement, which the Creator and the Provider conclude in electronic form, and the License Terms.

VIII. Taxation

8.1 If the Provider is legally obliged to do so, it collects information necessary for the proper fulfilment of its tax obligations and, in the event of a justified request by the tax administrator, the Provider provides this information to the tax administrator.

8.2 In connection with Creators' Payouts or other payments from or towards the Provider, the User and the Creator are obliged to duly fill in the data necessary for the fulfilment of the Provider's tax obligations, if required by the Provider. If necessary, the Provider is entitled to request additional documents or information necessary for the fulfilment of tax obligations until the moment of providing such documents or information, when the Provider is entitled to suspend any payments and is not in default with the execution of these payments during this period.

8.3 The User and the Creator acknowledge that in some cases payments may be subject to withholding tax, VAT or other taxes.

8.4 In jurisdictions where the Provider is obliged to collect transaction tax from Users (e.g. VAT or sales tax), the Subscription Price plus applicable tax (plus applicable tax will be added to the Subscription Price) will be taken into account when paying for your Subscription. Applicable tax will not be deducted from the Subscription Price, but will be charged in addition to the Subscription Price. This tax will be displayed when you set up your Subscription. Since the tax depends heavily on the User's location, the User is responsible for ensuring that their address is complete and up-to-date. Once settled, the tax amount will be automatically deducted for remittance to the appropriate tax authority.

IX. Third-Party Applications

9.1 For the functioning of certain functions of the Application, the User may provide access to their accounts with third parties such as Google, YouTube, Facebook, Stripe, Instagram and others. Each time the User connects his/her third-party account, a page is displayed with a description of the information to which the Provider has access.

9.2 The User may revoke the Provider's access to these accounts at any time on the security settings page of the relevant third party.

X. Creation of the provider

10.1 The Provider's creation is protected by copyright, industrial property rights, trademarks and trade secrets. Examples of the Provider's creations are the text in the Web Interface, the logo and the source codes. The Provider provides the Creator with a license to use the logo and other copyrights or industrial rights or trademarks to promote the Creator's work in the Application.

10.2 Neither the User nor the Creator may use the Provider's creations in any other way, reproduce, distribute, publicly perform or prepare derivative works, unless the Provider gives written permission.

10.3 The User is not entitled to grant licenses, sublicenses, copy, modify or create collective or derivative works from the Application. The User is not entitled to reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof.

XI. Waiver

11.1 The User acknowledges and agrees that the Provider allows the Creators to place content in the Application without prior control of correctness, accuracy, completeness and other compliance with the GTC. Therefore, the use of the Application is allowed to the Creators and Users in the "as is" state and without any warranty. The Provider makes no warranty of merchantability, fitness for a particular purpose, or non-infringement, and any other warranty is excluded to the maximum extent permitted by applicable law.

11.2 The User acknowledges and agrees that the Provider shall not be liable for any loss of data, data and information published in the Application.

11.3 The User acknowledges and agrees that the Provider, to the extent permitted by applicable law, is not liable for any incidental, consequential or punitive damages resulting from these GTC or from the use or attempted use of the Application. To the extent permitted by applicable law, the Provider's liability for damages towards the User or Creator is limited to the amount obtained by the Provider through the use of the Application by the respective User or Creator.

XII. Checking the content of the Application

12.1 The Provider actively and continuously checks some of the content and creations of the Creators in the Application to make sure that the Creators comply with the GTC. The Provider also carries out this check in connection with suggestions and reports of Users and other persons regarding a possible breach of the GTC by the Creators or Users. If the content of the Application contains the "Verified" flag, then it has been checked by the Provider and can be considered trustworthy.

12.2 In most cases, the Provider will cooperate with the affected Creators or Users to resolve any violations and allow them to continue using the Application. The Provider shall suspend or cancel the Account only in the most extreme cases, if justified by these GTC. If the Creator Account is suspended, the Creator is not entitled to publish additional content in the Application, but is entitled to the payment of the Creator Payout, which arises on the basis of the content that the Creator published in the Application before the Creator's Account was suspended.

12.3 Deleting the Creator's Account will prevent the Creator from publishing further content in the Application, and it may also remove or disable access to the Creator's content that has been added so far. By deleting the User Account, the User can no longer use the Application.

12.4 If the User discovers a breach of the GTC by the Creator, another User or the Provider, he/she is obliged to inform the Provider about this by means of the "Report an error" function in the Application.

12.5 The User and the Creator acknowledge that the Provider is constantly testing new functions of the Application in order to improve the Application as much as possible.

12.6 The Creator hereby gives the Provider consent to give other persons the opportunity to verify the accuracy and payment of the information and content published in the Application.

XIII. Sending Commercial Communications

13.1 The User may be sent commercial communications related to the Services or the Provider's company via electronic mail in accordance with the provisions of Section 7 (1) of the Act. 3 of Act No. 480/2004 Coll., on Certain Information Society Services. By such commercial communications, the Operator must not violate Article 13.4 of the GTC. The User is entitled to unsubscribe from receiving commercial communications at any time, in writing at the address of the Provider's registered office or via the link provided at the end of each such commercial communication.

13.2 If the User expressly agrees with this during the Account Registration, the User may be sent commercial communications from the Provider's business partners. These commercial communications must not violate Article 13.4 of the GTC. The User is entitled to revoke this consent at any time, in writing at the address of the Provider's registered office or via the link provided at the end of each such commercial communication.

13.3 By visiting the Server and/or using any of the Services, the User agrees to the storage of so-called cookies in the memory of his/her computer or similar device. The user is entitled to revoke this consent at any time and to disable the storage of cookies through the settings of their web browser.

13.4 The Provider undertakes to the User that:

and. will not commit any unfair competition towards Users or Creators in connection with the use of data, data and documents in the User's Account and the use of the Application;

b. will not use for itself or for any other data, data, documents contained and uploaded on the User's Account, unless they are data, data and materials of an anonymized nature.

XIV. Defects in the Service Provided and Their Complaints

14.1 The rights and obligations of the Contracting Parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations, in particular the relevant provisions of the Civil Code.

14.2 In the event that the Provider provides defective performance (i.e. the performance does not have the agreed or usual characteristics or is not capable of serving its purpose), the User has rights arising from defective performance.

14.3 The User is obliged to report a defect in performance to the Provider without undue delay after he has had the opportunity to inspect the performance and find out the defect, either by marking the defect or by notifying him how it manifests itself. A defect may be complained of within six months from the moment of provision of the Services. A defect can be reported by email to info@forclassmates.com.

14.4 As part of the complaint, the Participant is obliged to state:

and. proper identification of the Participant;

b. specification of the Service;

c. identification of the Contract;

d. a description of the defect and the circumstances under which the defect manifests itself,

e. what right from defective performance did he choose?

14.5 The Provider is obliged to issue a written confirmation to the User, who is a Consumer, of when the User made the complaint, what is the content of the complaint and what method of handling the complaint the User, who is a Consumer, requires, and the Consumer's contact details for the purpose of providing information; The Provider is also obliged to issue a confirmation of the date and method of settlement of the complaint, including a confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

14.6 If necessary, the Provider shall explain in a comprehensible manner to the Participant, who is a Consumer, the content, scope, conditions and duration of its liability as well as the manner in which the rights arising from it can be exercised. In the confirmation, the Provider shall also state that other rights of the User, who is a Consumer, which are related to the defective Service, are not affected. Failure to comply with these obligations does not prejudice the validity of the certificate.

14.7 The Provider or an employee authorised by the Provider shall decide on the complaint of the User who is a Consumer immediately, in complex cases within three working days. This period does not include a period of time reasonable according to the type of Service needed for a professional assessment of the defect. A complaint, including the removal of a defect, must be settled in the case of a User who is a Consumer and the Consumer must be informed about it within 30 days of its filing, unless the User agrees otherwise with the Provider. Failure to expire this period in vain results in the User-Consumer's right to withdraw from the Contract or to request a reasonable discount.

14.8 More detailed and further information about the status of the complaint shall be obtained by the User by e-mail: info@forclassmates.com.

14.9 If the User has rightly complained of a defect against the Provider, the period for exercising rights arising from defective performance does not run for the period during which the User is unable to use the defectively provided Service.

14.10 If the defect can be remedied, the User may demand either a repair or supplementation of what is missing, or a reasonable discount on the performance paid. If the defect cannot be remedied and the Service cannot be properly used due to the defect, the User may withdraw from the concluded Agreement or demand a reasonable discount on the payment for the Services in accordance with these GTC.

14.11 The right to claim damages does not exclude the right to compensation; However, this can be achieved by exercising the right from defective performance, which cannot be claimed for any other legal reason.

14.12 The Provider shall remedy defects arising directly at the Provider as soon as possible in accordance with the Contract and the GCTC, the Provider shall report defects arising at third parties to these entities and, if possible, ensure their removal.

14.13 The costs of removing the defect shall be borne by the Provider, except in cases where the defect was caused by the fault of the Participant or a third party for reasons on the part of the Participant.

14.14 The Provider shall not be liable for any damage incurred by the Participant as a result of the Interruption or Limitation of the Service.

14.15 The Provider shall, at its own expense, remove defects and malfunctions of the Server that make it completely impossible for the Participant to use the Services, with the exception of those defects and failures for which the Participant is responsible.

14.16 The Provider informs the Participant that:

and. The Contract shall be stored in the Provider's electronic archive;

b. The User is entitled to detect, recheck and correct any errors made when entering data prior to concluding the Agreement within the Client Interface in the Account.

XV. General conclusion of the Contract

15.1 The Participant expressly grants consent to the use of a means of distance communication to conclude the Contract, which allows the conclusion of the Contract without the simultaneous physical presence of the Contracting Parties, when the means of distance communication is understood to be the Web Interface of the Provider.

15.2 The Provider informs the Participant, who is a Consumer, that the costs of the means of distance communication do not differ from the basic rate (in the case of internet and telephone connection according to the terms and conditions of the User's operator, the Provider does not charge any additional fees).

15.3 The Provider also reserves the right to refuse to enter into a Contract with a Participant who has not paid for the Services properly and on time in the past.

15.4 By concluding the Agreement, the User confirms that he/she has read these GTC and that he/she agrees with them. The Participant is sufficiently notified of these GTC prior to the conclusion of the Contract and has the opportunity to familiarize themselves with them through the Provider's Web Interface. These GTC form an integral part of the concluded Contract.

XVI. Network Traffic Restrictions

4.1 The Provider shall ensure the availability of the Services provided to the extent stipulated by the Contract and generally binding legal regulations.

4.2 For serious technical or operational reasons, the Provider is entitled to limit or temporarily suspend the provision of the ordered Services for the necessary period of time. The Provider is entitled to interrupt or limit the provision of Services if there is a risk of network overload. If it can be reasonably required of the Provider, the Provider shall notify the Participant of planned outages of the provided Service by publishing information on the notice board of the Web Interface.

4.3 The Provider shall not be liable for any damage incurred by the Participant in connection with the interruption or limitation of the scope of the Services provided.

XVII. Limitations and Interruptions in the Provision of Services

4.4 The Provider is entitled to interrupt the provision of the Services or restrict the Participant's access to these Services if it learns that the Participant is using the ordered Services in violation of the Terms and Conditions, generally binding legal regulations or in violation of good morals and the Participant continues to do so even after prior notice without such stopping, interruption or restriction being considered a breach of the Contract and these General Terms and Conditions, and in other cases specified in these GTC.

4.5 The Provider is also entitled to immediately limit or interrupt the provision of the Services if there is a suspicion that the Participant has entered into the Contract on the basis of false information or if the conditions for the provision of Services are not met, without such stopping, interruption or limitation being considered a breach of the Contract and these General Terms and Conditions.

4.6 At the request of the Subscriber, the Provider shall resume the provision of the Service if the reason for the Interruption or Limitation of the Services ceases to exist.

4.7 The Provider is entitled to interrupt or interrupt for the necessary period of time to the extent necessary. To restrict the provision of Services without such interruption or restriction being considered as any breach of the Agreement and these GTC, in particular for the purpose of maintaining public order or fulfilling the public interest, a decision of a competent state authority, for serious organizational, technical or operational reasons, due to crisis situations, as well as for the purpose of performing work necessary for the operation, maintenance and repair of equipment, through which the Service is provided or work necessary to prevent defects in these devices or due to Force Majeure. By interrupting or restricting the Services under this point, the Provider shall not be in default or otherwise breach its obligations towards the User.

XVIII. Liability for Information Transmitted

4.8 The Provider has the right to require the Participant to arrange a remedy in the event that it receives a complaint from an operator of a computer network, computer or information system accessible through the Provider that the Participant has violated the rules announced by this operator.

4.9 The Provider shall not be responsible for the data security of the Participant's information system, for the functionality of devices that are not part of the Services provided and which the Participant uses to ensure access to the Internet, and for the functionality of parts of the Internet operated by other operators.

4.10 The Provider is not responsible for the content of information published by third parties and for the content of information published by the Participant.

XIX. Conclusion and Duration of the Contractual Relationship and Its Termination

4.11 A condition for concluding the Agreement and using the Service is the Registration of the User's Account in the Application.

4.12 Unless otherwise agreed in the Agreement or License Agreement, it is:

and. The Agreement is concluded at the moment when the Registration takes place and at the same time the order of the given type of Subscription is confirmed by the User,

b. The License Agreement is concluded at the moment specified in the License Terms.

4.13 Unless otherwise agreed in the Agreement or License Agreement, it is:

and. The Agreement for the Free Subscription is concluded for a definite period of time, namely the duration of the Account, unless the User purchases a Paid Subscription, in which case the Agreement for the Free Subscription is terminated and the Contract for the Paid Subscription is created at the same time;

b. The Contract for a Paid Subscription is concluded for a definite period of time, namely the period of the Subscription period.

c. The License Agreement is concluded for a period specified in more detail in the License Terms.

4.14 The Contract may be terminated prematurely by agreement of both Contracting Parties, unilateral termination of the contractual relationship is only possible for reasons stipulated in the Contract or by a generally binding legal regulation.

4.15 The Provider is entitled to terminate the Contract by giving notice with immediate effect:

and. if the Provider loses the right to provide the ordered Services,

b. if a petition for the initiation of insolvency proceedings is filed against the Participant,

c. if the Participant uses the provided Services in violation of the Agreement or misuses them to commit illegal activities,

d. for other technical reasons on the part of the Provider, which will make it impossible for the Provider to perform the subject matter of the Contract for a period longer than 30 days and it will not be agreed otherwise between the Parties,

e. if the Participant fails to provide the Provider with the necessary cooperation for the performance of the Contract.

4.16 The Participant is entitled to withdraw from the Contract in writing in the event that the Provider ceases to provide the Services for more than 10 days without authorization.

4.17 The Provider is entitled to withdraw from the Contract if the Participant communicates false facts to the Provider when concluding the Contract or when negotiating its amendment, conceals essential facts or attempts to mislead the Provider. The Provider is also entitled to withdraw from the Contract if the Services are used by another person other than the Participant without the consent of the Provider, with the exception of persons who share a common household with the Participant.

4.18 The Participant, who is a Consumer, is entitled to withdraw from the Contract without giving a reason and without any contractual sanction within 14 days from the date of conclusion of this Agreement outside the usual business premises or by means of distance communication. The Provider also informed the Participant of the Consumer sufficiently in advance of the conditions and procedures for the possible exercise of this right, i.e. withdrawal from the contractual relationship with the Provider, by a written withdrawal delivered to the address of the Provider's registered office or via the Provider's e-mail to the e-mail info@forclassmates.com, where the model withdrawal form forms an annex to these GTC. If the Participant who is a Consumer does not withdraw from the Contract within the period specified in this paragraph, the Contract shall remain valid and effective. The Participant as a Consumer is not entitled to withdraw from the Contract in the cases specified in Section 1837 of the Civil Code. In order to comply with the withdrawal period, it is sufficient to send the withdrawal from the Contract before the expiry of the relevant withdrawal period. The Consumer may withdraw from the Contract by any unambiguous statement made to the Trader.

4.19 The Participant, who is a Consumer, does not have the right to withdraw from the Contract in the event that the Provider, at the express request of the Participant, commences the provision of the Services before the expiry of the withdrawal period or the Participant Consumer has already paid the billed price for these Services.

4.20 The Participant is entitled to propose to the Provider to conclude an agreement on early termination of the contractual relationship. The Provider is not obliged to accept the Participant's proposal or may make acceptance of the proposal conditional on the payment of severance pay.

4.21 The Contracting Parties are obliged to immediately and demonstrably inform the other Party of all facts that are or may be important for the proper performance of the obligations arising from the Contractual Documents.

XX. Communication of the Parties

4.22 The Contracting Parties have agreed that communication between them shall preferably take place electronically via the Web Interface or by e-mail.

4.23 The Provider shall inform the User of general communications relating to the Provider's activities, the Services provided by the Provider and planned outages and outages via the Web Interface or the Client Interface or by e-mail. The Participant undertakes to monitor the Web Interface and the Client Interface regularly.

4.24 Communications concerning only the Participant shall be delivered by the Provider electronically to the Participant's Client Interface or to the Participant's e-mail address. The parcel is deemed delivered at the moment when the Participant logs in to the Client Interface, but no later than on the tenth day after it is stored in the Participant's Client Interface or from the sending of an e-mail.

4.25 The Participant is obliged to comply with the rules for access to its Client Interface contained in the GTC, or set out by the Provider in a separate document. In particular, the Participant is obliged to regularly monitor the content of its Client Interface.

4.26 The Participant is obliged to protect his/her access rights against misuse. In particular, the Participant is not entitled to disclose his/her username and access password to anyone.

4.27 Consignments sent by regular mail shall be sent by the Contracting Parties to the delivery address specified for this purpose in the Contract. For this purpose, both Contracting Parties undertake to inform the other Party of the change of delivery address without delay, but no later than within one week. A consignment is considered delivered even if the contracting party does not accept it at the delivery address, on the fifteenth day after it was sent.

4.28 If the same document is served in several ways at the same time (e.g. to the Client Interface and by ordinary mail), the effects of delivery shall come into effect as soon as the consignment has been delivered in accordance with these General Terms and Conditions in at least one way.

XXI. Dispute Resolution

4.29 If the Participant is a Consumer, he/she has the right to an out-of-court settlement of the consumer dispute. Out-of-court dispute resolution is a system that allows for an alternative procedure for resolving disputes, i.e. a procedure different from the traditional court procedure.

4.30 The Provider hereby informs the User, who is a Consumer, that in the event that a consumer dispute arises between them arising from the Contract that cannot be resolved by mutual agreement, the Consumer may file a proposal for an out-of-court settlement of such a dispute with the designated entity for out-of-court settlement of consumer disputes, which is:

Czech Trade Inspection Authority

Central Inspectorate – ADR Department

Štěpánská 44

110 00 Praha 1

Email: adr@coi.cz

Web: adr.coi.cz

The consumer can also use the online dispute resolution platform, which is set up by the European Commission at http://ec.europa.eu/consumers/odr/.

The rules set by the Czech Trade Inspection Authority, which govern the procedure for out-of-court settlement of consumer disputes, as well as the form for filing a petition, are available to the Participant on the website of the Czech Trade Inspection Authority at the following address: adr.coi.cz or www.coi.cz.

XXII. Modification of Terms and Conditions

4.31 The Provider reserves the right to amend these GCTC and/or the valid Price List, in particular in the event of a change in legal regulations, the introduction of new services and technologies, a change in the conditions on the electronic communications market, as well as in the event that such a change is necessary due to technical, operational or other reasons on the part of the Provider (hereinafter referred to as the "Unilateral Change"). The Provider is obliged to inform the User of the Unilateral Change of the documents and/or Services provided at least 14 days prior to the change taking effect, either through the Client Interface or the Web Interface and/or a message sent to the Account and/or in another suitable and available form. In the event that the User does not agree with the Unilateral Amendment to the documents and/or Services provided, the User may terminate the Agreement within a period of time until the effective date of the Unilateral Change. In such a case, the effectiveness of the Contract in question shall terminate on the day of delivery of the notice to the Provider. Such notice may be addressed to the Provider either to the Provider's address specified in these GTC for delivery, or to the e-mail: info@forclassmates.com. If the Provider is not served with a notice of termination of the Contract within the stipulated period, the Affected Person shall be deemed to have consented to the Unilateral Change without reservation. However, the right to terminate the Agreement under specified conditions in the case of Unilateral Termination shall not arise in the event that the Unilateral Change occurred as a result of a change in binding legal regulations and/or a decision of a public authority.

XXIII. Final Provisions

4.32 These General Terms and Conditions come into force and effect on 20.03.2024.

4.33 These General Terms supersede all previous versions. In the event that any provision of these Terms and Conditions is found to be illegal or invalid, this shall not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions.

4.34 The Provider undertakes to publish general information about changes or termination of the Services through the Provider's Website and information materials.

4.35 When using the Application, the User's personal data will be processed. All information about this processing is contained in the privacy policy available in the Application.

4.36 The Terms and Conditions are an inseparable part of any validly concluded Agreement. In the event of a discrepancy between the Agreement and the terms and conditions, the provisions in the Agreement shall prevail.

4.37 The Participant may not assign or transfer to a third party any rights and obligations arising from the Contract without the prior written consent of the Provider. The rights and obligations arising from the Agreement shall pass to the legal successors of the Contracting Parties.

4.38 Legal relations arising from these GTC or established by the Agreement or the Licence Agreement shall be governed by the relevant provisions of the applicable legislation of the Czech Republic.

4.39 In the event that any of the provisions of the Agreement and/or the General Terms and Conditions are invalid, this shall not affect the validity of the other provisions of the Agreement and the General Terms and Conditions. Invalid provisions shall be replaced by provisions of the applicable legal regulations of the Czech Republic, which are closest in content and purpose to the content of the Agreement and the Terms and Conditions.

4.40 If the relationship established by the Treaty contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the rights of the Consumer arising from generally binding legal regulations.

4.41 Only Czech courts shall have jurisdiction to resolve disputes arising from these GTC, the Agreement or the Licence Agreement and disputes related thereto. The Parties have expressly agreed to change the territorial jurisdiction of the court of first instance (prorogation) so that all disputes arising from these GTC, the Agreement or the Licence Agreement, or arising in connection therewith, will be resolved in accordance with Section 89a of Act No. 99/1963 Coll., the Code of Civil Procedure, as amended, at the competent court of first instance according to the Provider's registered office.

4.42 In the event that the User is a Consumer, the provisions of the GTC that are regulated in derogation from the law to the detriment of the consumer shall not apply to the User.

4.43 These T&C do not limit any consumer protection rights that the Consumer may have under the mandatory laws of his country of residence.

4.44 Annex No. 1 to the GTC consists of a model withdrawal form .

Annex No. 1 to the GTC – Model Form for Withdrawal from a Contract for the Provision of Services

Sender:

Name and surname: ..........

Abode:..........

(or e-mail, phone number): ..........

Addressee:

ForClassmates s.r.o.

ID: 05625351

Tax registration ID: CZ05625351

with its registered office at Evropská 516/10, 160 00 Prague 6, Czech Republic,

Registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 297922

Notice of withdrawal from the Service Agreement

Of the day.......... a contract for the provision of services was concluded with your company, the subject of which was .......... On the basis of Art. Sec. 1829. 1 in conjunction with Art. Pursuant to Section 1818 of Act No. 89/2012 Coll., the Civil Code, I am exercising my legal right and withdrawing from the contract for the provision of services concluded via the Internet.

In.......... of the day..........

________________________

Name and surname of the consumer

(signature)