GENERAL TERMS AND CONDITIONS OF EndorphinIT a.s.

  1. Introductory Provisions

    1. These general terms and conditions (hereinafter referred to as "GTC") govern the rights and obligations of the Provider and Users relating to the use of the website https://endorphinit.com and other services provided by the Provider (hereinafter referred to as "Services"), which the User orders from the Provider on the Provider's platform available at the web address: https://xmation.app (hereinafter referred to as "Platform").
    2. The Provider is EndorphinIT a.s., ID No. 219 06 998, with its registered office at Švábova 772/18, 152 00 Prague 5 Hlubočepy, registered in the Commercial Register maintained by the Municipal Court in Prague, file number B 28977 (hereinafter referred to as "Provider"), which provides services related to the use of artificial intelligence through the Platform within the meaning of these GTC.
    3. The User is any natural or legal person, any employee, representative, supplier, and any other entity on whose behalf they order the provision of Services from the Provider in accordance with these GTC (hereinafter referred to as "User").
    4. The Provider and the User may be jointly referred to as "Parties" in these GTC.
    5. The Services are provided on the basis of a previously concluded agreement between the Provider and the User (hereinafter referred to as "Agreement"). The provisions of the GTC are an integral part of the Agreement, but only provided that the Agreement contains an explicit reference to these GTC. The Parties are entitled to agree on provisions in the Agreement that deviate from these GTC, with the understanding that if this occurs, such deviating provisions take precedence over the provisions of the GTC.
    6. The Provider reserves the right to unilaterally change these GTC in case of reasonable need (especially in case of changes in the legal environment, the situation in the relevant market, or as part of an effort to increase the quality of Services provided). Such changes to the GTC do not affect the rights and obligations that arose during the effectiveness of the previous version of the GTC.

  2. User Account

    1. The Provider is entitled to allow the User to establish or condition the provision of Services on the User establishing their own user account (hereinafter referred to as "User Account"). In such a case, it will be possible to establish a User Account on the Platform.
    2. When creating a User Account, the User is obliged to provide all information correctly and truthfully, and is obliged to update it in case of any change or notify the Provider of its incorrectness and/or outdatedness. The Provider considers the information provided by the User in the User Account to be correct until the User informs them otherwise or updates it. The User bears any responsibility for damage that arises to the Provider as a result of a breach of their obligation to update their information in the User Account according to this paragraph.
    3. Access to the User Account is secured by a username and password. The User is obliged to maintain confidentiality regarding the information necessary to access their User Account and acknowledges that the Provider is not responsible for a breach of this obligation by the User, nor for the fact that the User Account is used by any third party based on the User's actions.
    4. The User acknowledges that the completion of the User Account registration does not automatically establish a legal entitlement to receive any services from the Provider.
    5. The Provider reserves the right to cancel the User Account at any time in case of prolonged inactivity of the User or in case of a breach of any provision of these GTC, legal regulations, or good morals by the User, or also in case the Provider's legitimate interest or the legitimate interest of third parties authorizes such cancellation. The cancellation of the User Account according to this paragraph does not establish any claim for compensation for damages or other harm against the Provider for the User.
    6. The User may also request the Provider to cancel the User Account at any time.
    7. The User acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Provider's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties. The Provider bears no responsibility for the malfunction or unavailability of the User Account caused by the fault of third parties or force majeure.

  3. Conclusion of the Agreement

    1. The User is entitled to order the provision of Services by selecting the appropriate subscription (package) on the Platform. The User acknowledges that details about individual packages are also communicated through information on the Platform, and the User acknowledges that by the nature of the matter, this description cannot be completely exhaustive; however, this does not affect the User's ability to raise any questions to the Provider before ordering the relevant package, with the understanding that if the User does not raise these questions or raises them inaccurately or incompletely, it is at their own expense.
    2. The User also acknowledges that all offers of Services on the Platform are only of an informational nature, and the Provider is not obliged to conclude an Agreement regarding the relevant offer.
    3. The User is obliged to fill in all information requested by the Provider during the process of concluding the Agreement, and guarantees and is responsible that the information and data provided are true, complete, and in no way interfering with the rights of third parties.
    4. Before sending the order, the User is allowed to check and change the data that they filled in as part of the order, also with regard to the User's ability to detect and correct errors that occurred when entering data. The User sends the order by clicking on the "GET STARTED" button. The data provided in the order is considered correct by the seller.
    5. The completion of the order and the associated conclusion of the Agreement (ordering of Services) will only occur at the moment when the User properly pays the first payment for the Services (including the purchase of credits). After making the payment, the User will be sent an invoice, which also serves as a confirmation of the Service order, to the provided email address (hereinafter referred to as "User's electronic address"). However, the User acknowledges that the Provider is not responsible for technical problems caused by a third party, especially the payment gateway provider. If the User does not receive an invoice for ordering the Service, although they have properly made the payment, it is their duty to notify the Provider of this fact and confirm that the Service has been properly ordered to prevent any future uncertainties; at the same time, they acknowledge that in such a case, the Agreement has not yet been concluded. Since the contractual relationship between the Parties arises only at the moment of proper and complete payment by the User for the ordered Service and further by sending the invoice confirmation to the User's electronic address, the Parties confirm, for the avoidance of doubt, that the User does not have any legal claim to the ordered Service earlier, even though they may have filled out the order form or made a payment.
    6. The User agrees to the use of distance communication means when concluding the Agreement. Costs incurred by the User when using distance communication means in connection with the conclusion of the Agreement (costs for internet connection, costs for telephone calls) are paid by the User themselves.
    7. The Provider is entitled to allow the User to use the Platform and provide them with Services under certain predefined conditions free of charge, or without the above-mentioned completion of the entire ordering process. In such a case, the information that the Provider provides in this context on the Platform or otherwise communicates to the User applies.

  4. Price and Payment Terms

    1. Unless expressly stated otherwise on the Platform, the Price for Services is paid in the form of a so-called credit system. The credit system consists of the User having the price of Services continuously deducted from their account, to which they previously add credit (hereinafter referred to as "User's Account"). The Provider reserves the right to specify other payment methods on the Platform or to not allow the credit system to all or some Users.
    2. The User's Account can be topped up with funds through payment options that the relevant Platform allows at the given moment. After the top-up is completed, the User will be sent a tax document (invoice) to the email address provided in the User Account. Detailed conditions for topping up the User's Account, including all technical steps, are specified on the Platform.
    3. The Platform always specifies the minimum top-up amount, the price for individual credits, and the total number of credits needed to use the Service parameters. The Provider reserves the right to unilaterally change the values specified on the Platform, with the understanding that if it is a reasonable change, it does not establish the User's right to withdraw from the Agreement.
    4. The User acknowledges that they are not entitled to unilaterally request a refund of (part of) the credit topped up to their User's Account, even if they decide that they are no longer interested in the provision of any Services by the Provider. If the User does not use the Services for the topped-up credit for a period longer than two years, the Provider is entitled to use such topped-up credit in full as a fee belonging to the Provider for having to allocate capacities for the User's potential use of Services for the given period, even though their actual use did not ultimately occur.
    5. The User acknowledges that the Provider is entitled to cancel a payment made by the User to top up the User's Account for any reason. In such a case, the Provider will not be obliged to provide the User with any Services.
    6. The User acknowledges that the Credit System may not be available continuously, especially with regard to the necessary maintenance of the Provider's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties. The Provider bears no responsibility for the malfunction or unavailability of the Credit System caused by the fault of third parties or force majeure.
    7. Unless expressly stated otherwise, the price for credits for the use of the Credit System is always specified including VAT and in USD.
    8. After each payment made, the User will receive an invoice with information about the payment made to the User's electronic address.

  5. Withdrawal from the Agreement for Consumers

    1. A User who acts as a consumer in relation to the Provider has the right to withdraw from the Agreement without giving a reason within a period of 14 calendar days from the day of concluding the Agreement. For the avoidance of doubt, the further provisions of this Article 5 of the GTC, which explicitly state that they apply to Users-consumers, apply only to consumers.
    2. Withdrawal from the Agreement by the User-consumer according to the provisions of 5.1 of the GTC must be sent to the Provider within 14 days from the day of concluding the Agreement. Any withdrawal that is made by an unambiguous declaration of the User-consumer towards the Provider is considered valid. The User is recommended to use the Provider's email contacts for this purpose.
    3. In case of withdrawal from the Agreement, the Agreement is canceled from the beginning. If, based on the explicit request of the User-consumer, Services have been provided before the expiry of the 14-day period for withdrawal, the Provider will return to the User-consumer the funds for unused credits, in the same way as they received them, no later than 14 days from the withdrawal from the Agreement.

  6. Rights from Defective Performance

    1. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding regulations. Rights from defective performance arise in a separate regime for each individual Agreement and are not combinable, they can therefore be exercised exclusively in the regime of the Agreement where there was a culpable breach of the Agreement by the Provider.
    2. The Provider is responsible for ensuring that the provided Services are in accordance with the Agreement, i.e., that their content or materials that are provided in connection with it are not in conflict with the Provider's declaration on the Platform at the time of making the order. However, the User acknowledges that they are obliged to point out a defect without undue delay after discovering it, otherwise they may lose the right from defective performance.
    3. In case of defective provision of the Service, the User has the right to free removal of this defect. If the defect cannot be removed, the User has the right to a reasonable discount from the price of the Services.
    4. The User acknowledges that it cannot be considered a defect of the Service that the Services are temporarily unavailable with regard to the necessary maintenance of the Provider's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties, or due to reasons caused by the fault of a third party or force majeure.
    5. The User is not entitled to rights from defective performance in case they knew about the defect before the provision of the Service or if they caused the defect themselves.
    6. The User can exercise the right from defective performance in any of the Provider's operations, at their headquarters, by telephone, email, or mail.
    7. The moment of filing a complaint is the moment when the Provider is notified of the defect and a specific right from defective performance is exercised. The complaint, including the removal of the defect, will be handled by the Provider without undue delay, no later than 30 days from the day of filing the complaint, unless a longer period is agreed with the User. When filing a complaint, the User is entitled to written confirmation of when they exercised the right from defective performance, what the content of the complaint is, and what method of handling the complaint they require. Similarly, after handling the complaint, they will be provided with written confirmation of the date and method of handling the complaint, or written justification for rejecting the complaint.

  7. Rules for Users When Using the Platform

    1. When using the Platform (which also means using any part of the Platform through which Services are provided), the User is obliged to refrain from the following activities in particular:
      1. copying, modifying, reverse engineering, decompiling, or disassembling any content contained on the Platform;
      2. any use of content contained on the Platform other than through direct use of the Platform, unless the Provider gives explicit prior consent to such other use;
      3. selling, renting, sub-licensing, or lending any part of the Platform to a third party;
      4. providing the User-selected password to another person or using another person's username and password;
      5. using automated methods (including bots and scraper or spider robots) to collect information from the Platform or to artificially promote content;
      6. selling the User Account or accepting any other compensation of a financial or similar nature for it.
    2. The User is further obliged to ensure that the content uploaded or published by them on the Platform:
      1. is not offensive, defamatory, damaging to reputation, pornographic, threatening, or obscene;
      2. does not violate any rights of third parties, including intellectual property rights;
      3. does not include Trojan horses, viruses, or similar material;
      4. is not designed to intimidate or harass other users;
      5. does not deceptively suggest or represent a connection with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
      6. does not in any way disrupt or influence the Platform, violate its security, or try to test its vulnerability.
    3. The User acknowledges that as part of using the Platform and providing the Services, the Provider may record the User's activity and make a record of it, to which the User agrees.

  8. Advertisements on the Platform

    1. The User acknowledges that advertisements or other commercial communications from third parties may occasionally appear on the Platform. The Provider bears no responsibility for the content of these advertisements and their truthfulness.
    2. The Provider further bears no responsibility for any damage or other harm that will be caused to the User as a result of relying on the truthfulness of such advertisement or commercial communication.
    3. The User acknowledges that if an advertisement for a product appears on the Platform, it does not mean that the product presented through it is in any way recommended or supported by the Provider.

  9. Responsibility for Content on the Platform

    1. Users are responsible for the correctness, completeness, and truthfulness of user data uploaded to the Platform. The Provider does not check and cannot check the correctness, completeness, and truthfulness of user data, including documents that individual Users enter, and therefore does not bear responsibility for damage arising as a result of incorrect or incomplete outputs when providing Services based on incorrect, incomplete, or untrue user data.
    2. If any third party raises any claim against the Provider in connection with content uploaded by the User to the Platform, including interference with personal rights or intellectual property rights, the Provider is entitled to require the User to pay for this claim in full, including costs for legal representation and compensation for non-material damage to the Provider.
    3. The User acknowledges and agrees that they will use the Platform at their own responsibility and risk.
    4. The Provider is in no way responsible for any interaction between Users among themselves. Nevertheless, the User is obliged to avoid any behavior and actions that could be seen as harmful or harassing in relation to third parties.

  10. Termination of Service Provision

    1. 10.1. The Provider reserves the right to terminate the provision of Services at any time, even without prior notice to Users.

  11. Protection of Personal Data and Cookies

    1. 11.1. Users acknowledge that as part of providing the Services or operating the Platform, the Provider is required to process their personal data, or the personal data of third parties that will be provided to it by Users (hereinafter referred to as "Personal Data"), and will be considered the controller of Personal Data for the purposes of processing Personal Data.
    2. 11.2. The Provider undertakes to comply with all obligations given by regulations on the protection of personal data, especially with regard to 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 the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as "GDPR"), with regard to these GTC.
    3. Further information on how the Provider handles personal data, including rules regarding cookies, is provided in the Provider's Privacy Policy available here.

  12. Information on Intellectual Property

    1. If any content subject to intellectual property rights is uploaded to the Platform by any User, it is understood that this User will be entitled to remove this content from the Platform at any time.
    2. Users will not acquire any intellectual property rights to content other than directly uploaded content.

  13. Interpretative Provisions

    1. The term Provider also includes its legal successors and any person authorized to act on its behalf.
    2. Unless expressly stated otherwise, a reference to an article or appendix means a reference to an article or appendix of these GTC.
    3. Unless expressly stated otherwise, a reference to a provision of a legal regulation is a reference to a provision of a legal regulation in its latest version.
    4. The singular includes the plural and vice versa, unless the context in which the expression is used requires a different interpretation.
    5. Headings and subheadings in these GTC are for convenience only and are not legally binding in any way.

  14. Contact Details, Address for Delivery

    1. The User can contact the Provider via the email address hi@endorphinit.com

  15. Final Provisions

    1. In the event that any provision of these GTC is or becomes invalid or ineffective, the remaining provisions of these GTC remain valid and effective.
    2. All rights and obligations of the User and the Provider arising from the operation and use of the Platform, as well as in connection with these GTC, are governed by the legal order of the Czech Republic, and any disputes are subject to the materially and locally competent courts of the Czech Republic.
    3. In the event that a consumer dispute arises between the Provider and the User as a consumer from the service provision agreement, which cannot be resolved by mutual agreement, the User as a consumer is entitled to submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority (web: www.adr.coi.cz). The User as a consumer can also use the online dispute resolution platform, which is established by the European Commission at http://ec.europa.eu/consumers/odr/.

These GTC are valid and effective from March 12, 2025

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