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Terms and conditions

General terms and conditions of the Boost.space application

1. INTRODUCTORY PROVISIONS

(a) Boost.space s.r.o. is a company with its registered office at K Botiči 1457/9, Vršovice, 101 00 Prague 10, identification number 053 99 521, registered in the Commercial Register kept by the Municipal Court in Prague, file number C 263053 (Operator) operating the computer program Boost.space representing tool for efficient data organization (Boost.space).
(b) A visitor is any visitor to the Website from which Boost.space is accessible https://boost.space/ (Website) and anyone who uses Boost.space for free (as defined in Article 2 (a)). below) (Visitor).
(c) The Client is a Visitor who, through Boost.space, enters into a Paid Services Agreement with the Operator (as defined in Article 4 (d) below) (the Client) (the Visitor and the Client together as a User).
(d) These GTC apply to Users who use the Website or Boost.space.

2. PROVISION OF SERVICES TO USERS

(a) The Operator allows Visitors to install Boost.space via the Website and use a temporary 14-day free license to Boost.space free of charge (Boost.space free of charge).
(b) Under the license under paragraph 2 (a), the User has the full functionality of Boost.space.
(c) After the expiration of the free Boost.space license free of charge pursuant to Article 2 (a) above, the User may purchase one of the offered Boost.space variants in the Boost.space application, which includes a paid Boost.space license and allows the use of Boost.space to the extent specified on the Website for the following period, according to the variant selected by the User (Paid version of Boost.space) (Boost.space free of charge and Paid version of Boost.space together as Services).
(d) For the avoidance of any doubt, it is understood that both the gratuitous license under paragraph 2 (a) above and the paid license under paragraph 2 (c) above are granted:
(i) as non-exclusive;
(ii) worldwide;

3. INSTALLING BOOST.SPACE

(a) For installation, access to Boost.space and use of the Services, it is necessary for the User to fill in his e-mail address, company name and surname on the Website on the Website, unless the installation is provided to the User directly by the Operator on previous request. Users.
(b) When entering contact details pursuant to paragraph 3 (a) above, the User is obliged to state his data correctly and truthfully. In the event of a breach of this obligation, the User shall be liable for any possible damage caused by this breach to the Operator or any other persons.

4. CONCLUSION OF THE CONTRACT

(a) The Website contains information on the content of Boost.space free of charge and the content and price variants of the Paid version of Boost.space, which the User may purchase from the Operator via the Boost.space application. This provision does not limit the Operator’s ability to provide Services under individually agreed conditions.
(b) All listed variants of the Paid Version of Boost.space described on the Website are of an informative nature only and the Operator does not make an offer to the User to enter into a contract and is not obliged to enter into an agreement with the User regarding the relevant Paid Version of Boost.space. The provisions of Section 1732, Paragraph 2 of Act No. 89/2012 Coll., The Civil Code, as amended (Civil Code), shall not apply.
(c) The Free Boost.space Agreement (Free Boost.space Services Agreement) is entered into and becomes effective upon first login to Boost.space. These GTC are part of the contract for free Boost.space services.
(d) The Contract for the provision of the Paid Version of Boost.space is concluded by sending the order according to the following paragraph of these GBTC (Contract for Paid Services) (Contract for Boost.space services free of charge and Contract for Paid Services together as the Contract). The Contract for Paid Services shall take effect upon payment of the price pursuant to Article 5 (b) of these GBTC. These GTC are part of the Paid Services Agreement.
(e) In the case of purchasing the Paid Version of Boost.space, the User shall place an order of the relevant Paid Version of Boost.space (Order) in the Boost.space application and pay a fee for the use of the Services pursuant to Article 5 (a) of these GBTC.
(f) By creating an Order, the User agrees to the use of means of distance communication when concluding the Agreement.

5. PRICE FOR THE PAID VERSION OF BOOST.SPACE AND PAYMENT TERMS

(a) After concluding the Boost.space Paid Version Agreement, the Client is obliged to regularly pay the Operator the price for the Boost.space Paid Version, at monthly, quarterly or annual intervals, according to the selected variant (Price for Paid Services). The amount of the Price for Paid Services is stated for the relevant Paid version of Boost.space in the price list listed on the website https://boost.space/ceny/. This does not affect the Operator’s right to provide the Paid Version of Boost.space individually or at other prices at its discretion.
(b) The Contract on Paid Services shall take effect upon payment of the Price for Paid Services to the account of the Operator, while the moment of payment is considered to be the moment of crediting the amount to the bank. The moment of payment is considered to be the moment of crediting the amount to the bank account of the Operator.
(c) The Price for Paid Services may be paid in the following ways:
(i) by transfer to the Operator’s bank account on the basis of an invoice, which will be issued in advance before the commencement of the use of the Paid Version of Boost.space; or
(ii) through the Stripe payment gateway, to which the user will be redirected after the first payment and authorization after the first payment and authorization, subsequently every month / every quarter / annually withdrawn from the bank account specified by the Client until the end of validity of the credit / debit cards (in such a case, the Client must provide the current credit / debit card details in the User Account in order to continue providing the relevant Paid Version).
(d) The User has the opportunity at any time in his user account to terminate the provision of the Paid Version of Boost.space in accordance with the previous paragraph of these GBTC. As a result of the termination of the provision of the Paid Version of Boost.space pursuant to the previous sentence, the Price for Paid Services will no longer be regularly deducted and the Client will be able to use the Paid Version of Boost.space until the end of the period for which the Client paid the Price for Paid Services. In such a case, the Operator may, at its own discretion, provide the Client with the opportunity to continue to use the current Paid Version of Boost.space for a reasonable period of time.
(e) If the Client is an entrepreneur and the purchase of Services is exempt from tax or other levies in connection with a certain position or status of the Client and the Client subsequently loses such position or status, or it turns out that he did not have them even at the time of concluding the Paid Services Agreement, or for any other reason on the part of the Client to the Operator the tax or other levy is assessed by the competent authority, the Client is obliged to pay the Operator an amount equal to the tax or levy thus assessed.

6. PROVISION OF SERVICES

(a) The current description of the individual Services is detailed on the website https://boost.space/price/.
(b) The provision of the Paid Version of Boost.space begins on the effective date of the Paid Services Agreement.
(c) The Client acknowledges that the provision period of the Paid Version of Boost.space runs smoothly and cannot be unilaterally interrupted or otherwise modified. If he decides not to use the Paid Version of Boost.space for any reason, the Price already paid for the Paid Services will not be refunded.

7. BOOST.SPACE APPLICATION OPERATION

7.1. Availability of Boost.space

(a) The Operator guarantees the User continuous availability of the Boost.space application and access to the User’s stored data, but is not responsible for interruption of Services or loss of any data if this is caused by third parties (eg cyber attack, natural disasters, long-term power outage or telecommunications connection).
(b) If the duration of the interruption of the Boost.space application exceeds 5 days, the Operator undertakes to return the Price for Paid Services for the relevant month to all Clients who will be affected by such interruption. This paragraph shall not apply in the event of interruption of the provision of the Boost.space Paid Services due to the intervention of third parties pursuant to Article 7.1 (a) above.

7.2. Data migration

(a) Upon termination of the Agreement, the User will not be allowed to upload new data to Boost.space, but will be able to replay his data to another storage within 5 days using the export to Excel function.
(b) The Operator is not liable for the loss or damage of the Client’s data or damage resulting from the loss or damage of such data during their migration, regardless of the reason and to what extent they will be lost or damaged.

8. WITHDRAWAL OF THE CLIENT FROM THE CONTRACT ON PAID SERVICES AND TERMINATION OF THE OPERATOR

8.1. Withdrawal of the Client from the Contract on Paid Services

(a) The Client, who is a natural person and does not act in concluding and fulfilling the Contract on Paid Services within the scope of his business or other entrepreneurial activity, is a consumer (Consumer).
(b) The Consumer may withdraw from the Paid Services Agreement without giving a reason within fourteen days from the date of concluding the Paid Services Agreement by sending a written withdrawal to the Operator’s registered office or the Operator’s email address. for this purpose use the sample form for withdrawal from the contract contained in the appendix to these GTC) or by filling in the electronic form for withdrawal on the Website. In order to comply with the fourteen-day period, it is sufficient if the withdrawal is at least sent before the expiry of this period. The Operator will confirm the receipt of a written notice of withdrawal from the Contract on Paid Services to the Consumer immediately to the Consumer’s email address. In such a case, the Operator shall return the Price for Paid Services to the Consumer no later than 14 days from the date of receipt of the Consumer’s withdrawal from the Contract for Paid Services to the bank account from which the Price for Paid Services was paid or to another account communicated by the Consumer.

9. RESPONSIBILITY FOR RECORDED CONTENT

9.1. Passivity and neutrality of the Operator in relation to the uploaded content

(a) Content uploaded by the User to the Boost.space application, the Operator does not control or modify, and is not responsible for any defect in the content or appearance of the content uploaded by the User.
(b) Furthermore, the Operator is not responsible for the completeness, accuracy, truthfulness of the content published in the Boost.space Service or for any illegal actions of the User through Boost.space, including violations of personal rights or intellectual property rights.

9.2. Content Illegal Reporting

(a) In order to prevent the infringement or threat of the rights of third parties through the operation of Boost.space, the Operator shall accept all third party notices which contain information that Boost.space’s activities infringe the copyrights or other intellectual property rights of third parties ( Notification).
(b) The Operator receives the notification pursuant to Article 9.2 (a) above at the e-mail address info@boost.space.
(c) A Notification, the receipt of which will be confirmed by the Operator by an e-mail message sent to the notifier’s address and which shall contain at least the following information, shall be deemed delivered.
(i) details of the person making the Notification, including their contact details, in particular their e-mail address and name;
(ii) a description of Boost.space’s activities that violate or threaten the rights of third parties or the law;
(iii) a description of how third party rights or legislation is being infringed;
(iv) details of the person whose rights are being infringed (if different from the notifier) ​​and the documentation giving rise to the right to dispose of the right being infringed.
(d) In the event of a suspicion that a document uploaded by the User infringes copyright, in addition to the information specified in Article 9.2 (c) above, it is also necessary to specify in the Notice:
(i) to which copyright work these rights relate; and
(ii) who is the lawful executor of those rights;
(e) The Operator is not obliged to inform the User whose uploaded content the Notice relates to, nor to request his opinion, about the delivery of the Notice.
9.3. Removal or inaccessibility of objectionable content

(a) If the Operator learns that the content uploaded by the User violates the rights of third parties, it shall immediately make the defective content inaccessible or remove, at its discretion, so that other activities of Boost.space do not infringe the rights of third parties.
(b) The Operator shall not be liable for any damage caused to the User in connection with the removal or inaccessibility of defective content pursuant to Article 9.3 (a) above.

10. COMPLAINTS

(a) If the Client complains about the Paid Version of Boost.space, he has the right to withdraw from the Contract for Paid Services only if the reason for the complaint is material defects of Boost.space.
(b) Substantial defects in the sense of § 2002 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, means in particular the malfunction of Boost.space to such an extent that it does not fulfill its basic functions, when the Operator must have been clear when concluding the Contract, that under these conditions, the Client would not be interested in purchasing the Boost.space Paid Service at all if he expected such a breach.
(c) The Client, who is not a Consumer, has the rights from the defective performance according to the relevant legal regulations.
(d) For the avoidance of doubt, no claim may be made against those parts of the Services and functionalities of the Boost.space application which are provided within Boost.space free of charge.

11. PROTECTION OF PERSONAL DATA

The User acknowledges that the Operator processes his personal data for the purpose of providing the Services and operation of the Website in accordance with the legislation concerning the processing and protection of personal data, in particular, but not exclusively, Regulation (EU) 2016/679 of the European Parliament and of the Council. 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) (GDPR), Act No. 110/2019 Coll., on the processing of personal data, as amended and any judicial or administrative interpretation of legislation concerning the processing and protection of personal data, any guidelines, codes of conduct or approved mechanisms for issuing certificates issued by the Office for Personal Data Protection. Details regarding the processing of the User’s personal data by the Operator are given at https://boost.space/zasady-ochrany-osobnich-udaju/.

12. TERMINATION OF THE CONTRACT AND STOPPING THE PROVISION OF SERVICES

(a) Unless expressly stated otherwise in the Contract or in these GBTC, neither party to the Contract is entitled to terminate the Contract unilaterally (for example by resignation or termination, etc.), unless such prohibition would be in conflict with mandatory legal provisions.
(b) The User is entitled to terminate the Agreement in the event that the Operator changes, supplements or otherwise modifies these GBTC. In such a case, the termination of the Agreement is effective on the effective date of the amendment or supplement to the GBTC.
(c) The Operator is entitled to suspend the provision of Services and at the same time has the right to terminate the contractual relationship between the Operator and the User established on the basis of the Agreement, if the User seriously violates these GTC. The following are considered to be serious violations of these GTC:
(i) publication of content, which infringes the rights of third parties, in particular the intellectual property rights provided for in Article 9 (Liability for uploaded content); or
(ii) publishing content that the Operator finds obscene, unethical or otherwise violating public order or the Operator’s name and reputation; or
(iii) knowingly damaging the Operator’s reputation or Boost.space; or
(iv) use of a free license pursuant to Article 2 (a) of these GBTC or a paid license pursuant to Article 2 (c) of these GBTC to a different extent than the User is permitted pursuant to these GBTC; or
(d) Termination of the Agreement by the Operator will always be made in writing and will be sent to the User to the email address specified in the User Account. The termination is effective the day after it is sent by the Operator.
(e) If the Operator terminates the Agreement at the moment when the Client has already paid the Price for Paid Services, the Operator shall return to the Client without undue delay the amount corresponding to unused Paid Services by transfer to the bank account from which the Paid Services were paid or to another account communicated by the Client.

13. FINAL PROVISIONS

(a) The Contract, including these GTC, is archived by the Operator in electronic form and at the written request of the User will be sent to his email address.
(b) The Agreement may be concluded in the Czech language or in English, and in the event of a conflict between the individual language versions, the Czech version shall prevail.
(c) The Operator is not bound by any codes of conduct in relation to the Client in the sense of the provisions of § 1826 par. e) of the Civil Code.
(d) The Operator is entitled to amend these GTC, informing the User of the changes in advance by publishing the changes on the Website, stating the effective date of the marked changes. Upon the entry into force of the new GBTC, the original GBTC become invalid.
(e) In the event that any provision of these GTC is or becomes invalid or ineffective, the other provisions of these GTC and the Agreement remain valid and effective. The parties to the Agreement shall replace the invalid or ineffective provision with another, valid and effective provision, the content and meaning of which best corresponds to the content and meaning of the original provision.
(f) Both the User and the Operator hereby assume the risk of a change of circumstances in the sense of § 1765 para. 2 of the Civil Code.
(g) The Contract, including these GTC, and all rights of the User and the Operator arising from the Contract or in connection with it or with its termination are governed by the law of the Czech Republic.
(h) The court of the Czech Republic shall have substantive and territorial jurisdiction to resolve any dispute arising from the Contract, in connection with it, or its termination.
(i) In the event that a consumer dispute arises between the Operator and the User as a consumer from a concluded Contract, which cannot be resolved by mutual agreement, the User is entitled to submit a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes. trade inspection (web: www.adr.coi.cz). In this case, the user can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
(j) Unless the Contract provides otherwise, the User is not entitled to assign his claim to a third party without the prior written consent of the Operator.
(k) Unless the Contract provides otherwise, the User is not entitled to set off any of its receivables from the Operator (due or not yet due) against any of its receivables of the Operator (due or not yet due) without the prior written consent of the Operator.
(l) The purpose of the provisions of Article 13 (j) and (k) above shall be deemed to be the exchange of e-mail messages.
(m) Unless expressly stated otherwise, each party to the Contract shall bear all costs and expenses incurred in connection with the conclusion and performance of the Contract.

ATTACHMENT
MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT

Withdrawal from the contract

Addressee: Boost.space s.r.o.

K Botiči 1457/9
Vršovice
101 00 Prague 10
Czech Republic

identification number 053 99 521
company registered in the Commercial Register kept by the Municipal Court in Prague, file number C263053

I declare that I hereby withdraw from the contract for the provision of services: ____________________________________

Order Number _______________________
Date of order _______________________

Name and surname _______________________
Address _______________________

Date _______________________

Signature _______________________