Terms of Use

Updated on May 19, 2024

Thank you for using or considering using our application named “HITCHAT” (“Application”). In the Application, you can interact with avatars of historical and other well-known figures created by us using machine learning and artificial intelligence (“Personality” and “Avatar”).

First, let us introduce ourselves. We provide the Application as RTM Labs s.r.o., located at Nedvědovo náměstí 1164/14, 147 00 Prague, Company ID: 19824343, registered in the Commercial Register at the Municipal Court in Prague, file no. C 392202 (“we”).

These HITCHAT Application Terms of Use (“Terms”) are intended for you, the users of the application, who download it as consumers, create an account in it, and use it (“you”).

We recommend reading the Terms in their entirety as they are binding on you. If for any reason you do not wish to read them, we have prepared a summary of the most important points for you:

  • You are our priority and we always strive to reach a solution that satisfies both parties – us as the provider of the Application and you as the user.
  • By downloading the Application from the mobile application marketplace (AppStore or Google Play), you enter into a digital content provision contract by creating a user account in the Application. After that, you can use the Application.
  • When using the Application, you must comply with these Terms. They establish, for example, the rules on how the Application can and cannot be used.
  • The Application is free to download, but offers the purchase of memberships or additional content. Without this purchase, you can use the Application in a limited version or for a limited trial period.
  • When using Avatars, keep in mind that it is a new technology, and only some Avatars in the Application are created in collaboration with the Personality. You acknowledge and agree that neither we nor the Personality are responsible for the content of your communication with the Avatar. Remember that the Avatar communicates independently based on your inputs, and its response may not correspond to what the actual Personality would say.
  • The Application is intended for personal use by the consumer. The purpose of the Application is to engage in conversations with Avatars of Personalities for informational, educational, and/or entertainment purposes. Any commercial use of the Avatars or use contrary to the Terms is prohibited.
  • Communicate with Avatars in a manner that does not impair the dignity or other rights of the Personality or any third party. It is prohibited to interact with the Avatar in such a way that the Avatar's output would be illegal, immoral, degrading, or otherwise objectionable.
  • If you violate these Terms, legal regulations, or moral principles, we may terminate your user account without compensation for your payments. In certain cases, we may also change the content of the Application (e.g., adding or removing Avatars, changing the functions of individual memberships, etc.).
  • We strive to ensure that the Application works smoothly. If you encounter any issues or defects, we appreciate it if you let us know. The simplest way is to write to us at info@rtmlab.com.
  • We protect your personal data like our own. You can read about how we process your personal data here.

1. What do we do and what are these terms of use for?

1.1 What is the Application?

We develop and operate the Application, which you can download as users through the mobile application marketplace that supports your device, such as AppStore or GooglePlay, or others where we place the Application (“Marketplace”). Through the Application, you can communicate with Avatars of Personalities in various ways (text, audio, or audiovisual).

1.2 How the Application Works

The Application works in such a way that based on your inputs in the form of questions or other interactions with the Avatar (“Input”) or recommended questions/conversation topics directly by the Application, the Avatar provides various outputs mainly in the form of text, audio, or audiovisual responses (“Output”).

1.3 What do the Terms cover?

The Terms regulate the rules for using the Application, the specifics of Avatars and the rights of Personalities, and our and your rights and obligations. In simple terms, the Terms should answer the following questions for you:

  • How can you use the Application?
  • What can't you do with the Application?
  • What about Inputs and Outputs?
  • How does payment work?
  • How can the Application change over time?
  • What are our and your responsibilities?

1.4 Do we enter into a contract together?

When using the Application, we both have certain rights and obligations, which we describe further. The Terms apply to the contract for the provision of digital content that we enter into together (“Contract”) and are an integral part of it. You can learn more about the Contract in Article 2 of the Terms.

1.5 Terms and Privacy Policy

If you want to use the Application, you need to familiarize yourself with, agree to, and comply with the Terms. Please also read how we handle your personal data. All details can be found in the Privacy Policy (“Policy”) here.

1.6 Do you have any questions?

If you have any questions, you can contact us via the email address info@rtmlab.com.

2. How to install the Application and enter into a Contract with us?

2.1 Marketplace Terms

When downloading the Application from the Marketplace, you must comply with the terms of use of the Marketplace. The use of the Marketplace is governed by a contract between you and its provider, which is independent of the Contract between us and you.

2.2 Operating System

To download the Application from the Marketplace or use it, a certain version of the operating system (e.g., iOS, Android) on your device is required. Especially older devices may no longer support updates to the required version.

2.3 User Account

After installing the Application, you need to create a user account (“Account”). When creating it, you must agree to these Terms and confirm that you have read the Policy and agree to comply with it.

2.4 When do we enter into a Contract?

The moment the Account is created, a Contract is concluded between us. This does not mean that you have to pay for using the Application. The Application is free to download from the Marketplace, but it is a limited version. The purchase of memberships or additional content in the Application (collectively for the purposes of the Terms as “Premium” or “In-App Purchases”) is described further in Article 7 of the Terms. There you will also learn about the conditions for free use of the Application.

2.5 Where can I learn more about the Application?

Besides these Terms, you can learn about the functionalities of the Application directly in the Application and on the Marketplace.

3. How to create and use an Account?

3.1 Creating an Account

To use the Application, you need to create an Account. You can also create an Account by logging in through your existing accounts, if we allow it in the Application (e.g., connecting via Facebook, Google, Apple ID, “Third-Party Applications”).

3.2 Required Data

When creating an Account, we may require data specified in our Policy. Generally, it will be your name, surname, and email address, so we can address you in our communication and send you information via email. You must provide this data completely and truthfully. As described in Article 7, we do not store payment data for Premium. This payment is made through the Marketplace, and the payment data and chosen payment method are only stored by the Marketplace according to its terms.

3.3 Third-Party Applications

When creating an account through Third-Party Applications, you also agree to respect their terms of use. We cannot guarantee the possibility of using Third-Party Applications to create an Account in the Application and log in to the Application.

3.4 Account Confirmation

If you choose to create an Account via email directly in the Application, after filling in the details, we will send a confirmation to the provided email. You need to confirm the registration by clicking the link in the email, but you can still use the Application even without this confirmation.

3.5 Account Security

The Account is secured with a password. Keep it to yourself. If you suspect that someone has gained unauthorized access to the Account or that your login credentials have been compromised, change your login credentials or inform us at the contact email.

3.6 Account Restrictions or Deletion

We may temporarily or permanently prevent you from using your Account at any time, especially if you have violated the Terms or legal regulations. If you disagree with this, contact us at our contact email.

3.7 More about the Account

The Account is not your property. You only have access to it based on the Terms. This means that you cannot sell, rent, or otherwise provide the Account to a third party. You must not create multiple Accounts to circumvent the need to purchase Premium.

4. What are the rules for using the Application?

4.1 Permitted Use

You can use the Application only for purposes allowed by the Terms and applicable legal regulations, or for purposes clearly implied by the Application itself. In other words, you can use the Application to formulate Inputs and personally communicate with Avatars for informational, educational, and/or entertainment purposes.

4.2 Two Variants of Avatars

There are two variants of Avatars available in the Application – Avatars created directly in collaboration with the Personality and unofficial Avatars created solely by us. The same rules according to the Terms apply to both variants unless otherwise specified.

4.3 Copyright

The Application and the content stored in it, including Outputs, may be protected by our or third-party copyrights. You may use them only in accordance with the Terms, especially this article and Article 12 (Intellectual Property). If you violate the Terms, particularly in the manner described in paragraph 4.7, you may infringe on the copyrights of the Personality or a third party, for which you may be liable.

4.4 Personality Rights

You acknowledge that all Personalities whose Avatars are available in the Application have their personality rights. These rights protect many aspects of their personality (e.g., name, likeness, voice, expressions of personal nature, honor, dignity, etc.). Using the Application in violation of the Terms may infringe on the personality rights of the Personality, for which you may be liable.

4.5 Your Responsibility

Your responsibility for infringing on copyrights or personality rights may arise from violating the Terms, especially if you commercially use or publish potentially objectionable content (e.g., a conversation with an Avatar, whether Input or Output, or both sides of the conversation). Please do not take this lightly. Violating the Terms, particularly by publishing objectionable conversations with an Avatar or commercially using such conversations or the Avatar, may result in your liability to compensate the Personality or a third party for financial or other harm.

4.6 How to Limit Responsibility?

If you encounter potentially objectionable content while using the Application, do not publish it outside the Application and please inform us at info@rtmlab.com or directly in the Application if such an option is available. We will try to rectify the situation so that you and other users of the Application do not encounter such objectionable content again.

4.7 What You Must Not Do in the Application?

When using the Application, you may not do the following yourself or with the help of a third party:

  • handle the Application in any way other than according to the Terms and for the purposes for which it is intended;
  • use the Application for anything other than personal use, such as part of your business or other commercial activities;
  • insert illegal, harmful, harassing, defamatory, hateful, or other potentially problematic content into the Application (especially in the form of Inputs);
  • use Inputs or Outputs in violation of the Terms, especially for commercial purposes;
  • insert inputs into the Application (especially personal data and copyrighted works) for which you do not have sufficient permissions for use in this manner;
  • copy, replicate, hack, alter, or affect the appearance or functionality of the Application;
  • engage in activities that would lead to overloading the Application, disrupting its stability, security, or operation; this also applies to the use of any automated system, including robots and spiders, that overload the Application with more requests than a human could create, as well as using any viruses, worms, spyware, or other computer code or files that may affect the operation of the Application;
  • make any attempts to obtain, reverse analyze, decompile, or copy the source code or other parts of the Application;
  • try to gain unauthorized access to other users' accounts;
  • use the source code to create an application derived from or competitive to the Application. The same rules apply to any of our other intellectual property (e.g., the name or logo of the Application), including any of its parts;
  • engage in any other activity that could limit or harm other users of the Application or cause harm to us, Personalities, or third parties.

4.8 Publishing Inputs or Outputs

As mentioned above, you can use the Application and the conversations (Inputs or Outputs) conducted with Avatars only for personal use. In certain cases, however, you can publish conversations outside the Application. These are the following cases:

  • Personal Sharing. Conversations that do not violate the Terms can be shared on your personal social networks. To eliminate any doubts, sharing is not possible on corporate or other commercial profiles, as part of advertising, or in any way that leads to any income or benefit for you.
  • Consent. In certain cases, such as if we enter into a special contract for promoting the Application with you, we may allow you to use the Application and Inputs/Outputs from it in other ways. However, we must always agree on this in advance.

4.9 Nature of the Avatar and Outputs

You acknowledge and agree that Outputs obtained during conversations with the Avatar may not correspond to what the actual Personality would say. The Avatar is a digital approximation of how a conversation with the Personality might go, based on known information about the Personality (e.g., previous statements, works, likeness, and voice of the Personality, etc.).

4.10 Further Use of Outputs

You agree that before using an Output or acting on it in any way – for example, before applying a recommendation or advice given by the Avatar – you will, with all due diligence or by contacting a competent person in the area of the Output (e.g., a doctor, lawyer, trainer, or other expert), verify the possibility of use, your capabilities, and potential consequences of acting on the Output. Outputs may not be accurate, complete, or feasible, and if you do not perform adequate verification as described in this paragraph, you should not act on them. We are not responsible for Outputs or any actions taken based on them.

4.11 AI Model Training

We use data in the form of Inputs and Outputs for training the AI model on which our Application and Avatars in it operate. The purpose of this processing of Inputs and Outputs is to improve the Application and your user experience with it. If you enter your personal data into the Input, we will process it in accordance with the Policy. If you do not wish us to potentially process your personal data for AI model training, do not enter it into the Inputs. If you do not want us to process your Inputs and Outputs in this way, let us know at info@rtmlab.com.

4.12 Costs of Using the Application

All costs incurred during the installation or use of the Application (such as internet connection costs) are borne by you and are not different from your standard rate of the internet service provider.

6. When and how can we update and change the Application?

6.1 Updates

Our goal is to continuously develop the Application and add new Avatars. However, we cannot guarantee any specific updates and improvements or their frequency. We will, to a reasonable extent, provide updates to the Application necessary for its flawless functioning throughout the Contract's duration.

6.2 Availability of Updates

You will be notified about the availability of an update by making it available on the Marketplace from which you installed the Application. We are not required to notify you in any other way. The process of installing the update itself is governed by the terms of the Marketplace. If you do not install the update within a reasonable time, which we consider to be 30 days after it is made available, you have no rights due to a defect that arose solely due to not installing the update.

6.3 Application Changes

We are entitled to change the Application, especially for the following reasons:

  • Change or expiration of licenses or other permissions: In the Application, we offer Avatars and various content that may be protected by copyright or personality rights. For this content, we have concluded license or other agreements with Personalities or creators, or we create it ourselves from publicly available sources. After the contract ends, the license expires, or for other reasons, we may remove some content or Avatars from the Application. We do not guarantee the availability of a specific Avatar in the Application. Removing a specific Avatar or Avatars, provided the Application's functionality and the majority of Avatars are maintained, is not considered a negative change to the Application according to paragraph 6.5.
  • Improvement or change of Application functionality: We may change the Application and add, modify, or remove some of its functionalities. This may include possible ways of interacting with Avatars (text, audio, audiovisual, or other), which may vary or change over time for individual Avatars.
  • Premium and changing its scope: In the future, we may decide to move some free functionalities of the Application to Premium and vice versa, or create more levels of Premium subscription or additional content (In-App Purchases).
  • Ensuring interoperability and compatibility of the Application with various devices, legal changes, compliance with Marketplace terms or third-party terms: Sometimes, we need to change the Application if required by law, a third party, or the need to adapt to new devices.

6.4 Additional Costs

No change mentioned above will incur additional costs for you.

6.5 Negative Changes

If any change to the Application negatively affects you, meaning it could significantly worsen your access to the Application or its use, we will notify you in advance. If you disagree with such a change, you can terminate the Contract according to paragraph 6.6.

6.6 Termination Due to Negative Changes

If you take advantage of the option to terminate due to negative changes, the further procedure and your rights will differ depending on how you use the Application:

  • Free version. In the case of the free version, simply uninstall the Application. If you wish to delete your Account, let us know via email at info@rtmlab.com. Otherwise, we will delete the Account in accordance with the Policy, usually no earlier than 24 months after you last used the Application.
  • Premium. In the case of Premium, it is a recurring purchase (subscription) on the given Marketplace. In addition to uninstalling the Application, do not forget to cancel the regular Premium payment on the given Marketplace. The conditions for refunds are determined by the terms of the specific Marketplace (see paragraph 11.5).
  • In-App Purchases. In the case of In-App Purchases, it is a one-time purchase. Simply uninstall the Application, and the conditions for refunds are determined by the terms of the specific Marketplace (see paragraph 11.5).

7. What do you need to know about Premium and In-App Purchases?

7.1 In-App Purchases

The Application is free to download. However, we may offer you the option to purchase Premium or In-App Purchases, which will provide you with more functionalities or other benefits. These purchases will always be available only through the respective Marketplace.

7.2 Scope of Functionalities

The description of what Premium includes and what you get within In-App Purchases can always be found on the respective Marketplace or directly in the Application.

7.3 Difference between Premium and In-App Purchases

Purchasing Premium gives you access to a version of the Application with more features or extended usage (e.g., more questions to Avatars) for a certain period. It works as a subscription, usually for a month or year, or another period available in the Application. Through In-App Purchases, you can then buy only specific content (e.g., an Avatar), which you will have access to during the use of the Application.

7.4 Payment Frequency

If you activate Premium, we will charge you a fee for it. The payment frequency can be one-time, monthly, or annually. You can find the specific amount of the fee in the Application or on the Marketplace page that allows the download of the Application.

7.5 Discounts

Various payment frequencies may be associated with discounts and bonuses (e.g., a proportional discount on the annual fee). We can change or cancel bonuses with effect for the future at our discretion.

7.6 Charging Fees

Fees are automatically charged and paid through the Marketplace and are governed by its terms. We are not responsible for the renewal of the subscription due to its non-cancellation in the Marketplace. Personal data collected during payment on the Marketplace, including payment method information, are not communicated or transferred to us.

7.7 Non-Payment of Fees

If we do not receive a fee for the next period, we may suspend or terminate the provision of Premium.

7.8 Trial Period

We may offer you Premium for free for a certain period from the creation of the Account or at any time during the use of the Application. We can terminate, shorten, or extend the trial period at any time, but we will always inform you in advance in the Application and, in the case of shortening, also via email. After the trial period ends, we will automatically charge a fee for using the Application.

7.9 Change of Fee

We may change the fee. You will always find the current amount in the Application or when paying on the Marketplace page of the Application. The new amount will always apply to you from the next period for which you will pay the fee. It is understood that you agree with the new fee amount if you do not cancel your subscription in the Marketplace settings.

7.10 Cancellation of Premium

You can cancel Premium at any time, and it will end on the last day for which you have paid the fee.

7.11 No Refund of Fees

Cancelling Premium does not entitle you to a refund of the unused portion of the fee unless the specific Marketplace allows it according to its terms.

8. When can you as a consumer withdraw from the Contract?

8.1 Consumer's Right to Withdraw

Generally, consumers (those who do not purchase "for the company") can withdraw from a contract concluded online within 14 days of conclusion without giving any reason.

8.2 Impossibility of Withdrawal

Since we provide you with our services (Application) even before the 14-day period has expired, you do not have the right to withdraw from the Contract. You agree to this by installing the Application, and it also applies in the case of Premium.

9. How do we handle your user content?

9.1 What is User Content?

After the Contract ends, we will not use user content, i.e., content you created while using the Application. However, keep in mind that almost all information and content created or entered by you while using the Application is not user content, as we describe in the following paragraph.

9.2 What is Not User Content?

User content is not:

  • content that relates exclusively to your activity while using the Application (e.g., what you clicked on in the Application and how you interacted with it);
  • content that would be unusable without the Application;
  • content mixed with other data that could only be separated with unreasonable effort; in this case, it mainly refers to content used for training the AI model on which the Avatars operate;
  • personal data; we may process them based on the Policy in some cases even after the Contract ends.

9.3 Release of User Content

If you create additional user content while using the Application that differs from that specified in paragraph 9.2 (which is unlikely given the nature of the Application), we will release it to you free of charge, within a reasonable time, and in a commonly usable machine format upon your request.

9.4 Processing Technical Data

You acknowledge that we may process technical or statistical data about your use of the Application. This data will not contain personal data, and we will use it to modify and develop the Application and provide support services.

10. How do we handle defects in the Application?

10.1 What Are We Responsible For?

We are responsible for ensuring that the Application is free from defects for the duration of the Contract, particularly that the Application:

  • corresponds to the description, scope, functionality, compatibility, interoperability, and other characteristics specified in the Terms, on the Marketplace page of the Application, and in the Application;
  • is suitable for the purpose defined in paragraph 1.1 of the Terms;
  • is provided with usage instructions; these are provided by the Marketplace, and follow its instructions and guides during installation. Instructions for creating an Account and using the Application are provided by the Application;
  • is suitable for the purpose for which applications of this type are typically used;
  • in terms of scope and performance parameters, including functionality, compatibility, accessibility, continuity, and security, corresponds to the usual characteristics of digital content of the same kind that you can reasonably expect, considering our public statements or statements by another person in the same contractual chain, especially advertisements or labeling;
  • is provided with the necessary accessories and usage instructions that you can reasonably expect;
  • corresponds to the trial version, if we made it available before entering into the Contract.

We are not responsible for items d) to g) if we specifically informed you before entering into the Contract that certain characteristics of the Application differ, and you explicitly agreed to this. We will inform you of these differences on the Application page in the Marketplace, during Account creation, or elsewhere in the Application.

10.2 Complaints

If the Application or any part of it does not work, you can file a complaint about the defect for the duration of the Contract via our email address according to paragraph 1.6 of the Terms. In the complaint, provide your identification details, a description of the defect, and how you wish the complaint to be resolved.

10.3 Defect Removal

If the Application has a defect, you can request its removal by law. We will remove the defect unless it is impossible or unreasonably expensive, which we will assess, particularly concerning the significance of the defect and the value that the digital content would have without the defect. In such a case, we may refuse to remove the defect. We may remedy the defect, especially by issuing a corrected version of the Application within a period appropriate to the nature of the defect, especially if we find that the defect affects multiple users.

10.4 What is Not a Defect?

A defect in the Application almost never means that the Application or any of its functions do not work on your device if other users do not have this problem. In this case, the problem is most likely on your device's side (e.g., insufficient version of the operating system), and you will not solve this defect with us. Similarly, a defect is not the failure to meet your subjective expectations regarding the Application, such as the quality of the conversation with Avatars.

10.5 Reasonable Discount and Option to Withdraw

In certain cases, you may request a reasonable discount or withdraw from the Contract in case of a defect complaint:

  • if we did not remove the defect according to paragraph 10.3 or if it is evident from the circumstances that we will not remove it within a reasonable time or without significant difficulties for you;
  • if the defect appears repeatedly;
  • if the defect constitutes a substantial breach of the Contract.

10.6 More on Discounts

The discount is determined as the difference between the value of the Application without the defect and with the defect. The discount is also due if you withdraw from the Contract simultaneously. However, you cannot withdraw if the defect is only insignificant. By law, it is assumed that the defect is not insignificant. If you withdraw from the Contract, the Application and data in it will no longer be available to you. The discount or any other monetary amount we will refund you will be provided no later than 14 days at our own expense. The refund will be made to your bank account, which you must provide to us, as all fee payments are made through the Marketplace, and we do not have your payment details.

10.7 Handling Complaints

We handle complaints as quickly as possible within a reasonable time after reporting the defect so that we do not cause you significant inconvenience due to the defect.

10.8 Electronic Confirmation

Upon receiving a complaint, we will electronically confirm that we have received it. After resolving it, we will issue a complaint protocol where you will learn how we resolved the complaint. We will send it to you via email.

10.9 Complaint Costs

Since we provide you with the Application, which you can easily complain about online, we do not expect any costs to arise from the complaint. If, however, you incur reasonably incurred costs, you must inform us of this within one month after the deadline for reporting the defect.

11. How can the Contract be terminated?

11.1 Duration of the Contract

The Contract is concluded for the period during which you use the Application (you have an Account). However, this does not mean that you have to pay for the Application throughout the Contract's duration. This depends on whether you purchase Premium or make In-App Purchases in the Marketplace.

11.2 Termination of the Contract

If you decide to terminate the Contract between us, in the case of the free version, simply delete the Account in the Application and possibly uninstall the Application from your device. In the case of Premium, please check that the fee payment has been canceled in the Marketplace after deleting the Account and uninstalling it, or cancel the payment yourself. Since we do not control the Marketplace, we are not responsible for continuing to pay fees after uninstalling the Application.

11.3 When Does the Contract End?

The Contract ends when the Account is deleted or terminated.

11.4 Other Reasons for Termination

We may delete the Account without notice if it is inactive for more than 24 months or if you violate the Terms or applicable legal regulations.

11.5 Fee Refund

If you terminate the Contract due to negative changes in the Application (see paragraph 6.5 of the Terms), you may request a refund of the fee or part of the fee for Premium or In-App Purchases according to the terms of the respective Marketplace. Since the purchase of Premium takes place through the Marketplace, it is governed by its terms. We do not guarantee a refund of the fee for Premium or In-App Purchases. According to the Marketplace's terms, you may be able to request a refund of the fee or part of it in other cases as well.

12. What is our intellectual property and how can you use it?

12.1 Our Rights

We own the Application and exercise rights to it to the fullest extent possible. All rights to the Application, especially copyrights to the content, including layout, photos, graphics, trademarks, logos, and other content and elements, belong to us or third parties with whom we have a license agreement.

12.2 Method of Providing the Application

The Application is operated as a so-called SaaS (software-as-a-service). By downloading the Application, you only gain access to the Application and can use it in accordance with the Terms and to the extent we allow you, temporarily for the duration of the Contract. You do not obtain the software itself that makes up the Application or a copy of it, and therefore no license to it. This right to use cannot be transferred to anyone. Likewise, you are not authorized to distribute or otherwise sell the Application.

12.3 License

We grant you a license only to the part of the Application that you install from the Marketplace on your device. The license is non-exclusive, for personal use, non-transferable, time-limited to the duration of the Contract, and territorially unlimited. We allow you to use the mobile application installed from the Marketplace to access the Application and use its features.

12.4 Other Versions

The rights listed in this article apply similarly to all updates, upgrades, and other changes to the Application that we make available to you.

13. How do we limit our liability for damage?

13.1 Our Services

We offer the Application and our other services to the extent of available functionalities ("as available") and do not guarantee that they will function without errors or be suitable for you. While we strive to provide relevant and informative materials in the Application and enable you to have engaging conversations with Avatars, we cannot and do not guarantee that you will achieve this based on your use of the Application. The Avatars in the Application operate to some extent autonomously; Outputs are not subject to human control and cannot always be predicted precisely based on your Input. We do not provide any guarantee of the accuracy or usefulness of the Application for your intended purpose.

13.2 Limitation of Liability in General

We are not liable for any damage caused by misuse of the Application and Account, improper use of the Application, or use in violation of the Terms. Likewise, we are not liable for damage caused by restricting or interrupting the availability of the Application or Account. We are not liable for interruptions in the provision of the Application services if caused by third parties or force majeure (e.g., cyber attack, power outage, or telecommunications connection), or due to the termination of the Application's operation. For these cases, you waive the right to compensation. In other cases, we limit compensation for damage to the amount you have paid us for using the Application.

13.3 Inability to Exclude or Limit Compensation for Damage

According to the legal order of some countries, we cannot exclude or limit liability for damage to life and health, as well as for damage caused intentionally or through gross negligence. Therefore, it is possible that in a certain country, you may have a claim for compensation against us. If possible, we limit our liability for compensation to the amount you have paid us for using the Application.

14. How will we handle your feedback, complaints, and out-of-court disputes?

14.1 Feedback

If you provide us with any ideas, advice, recommendations, or other feedback regarding the Application, we will appreciate it. You acknowledge that we can use this feedback and do not have to pay you anything for its use.

14.2 Handling Complaints

Complaints are handled through the contact email address according to paragraph 1.6. We will send you information about the resolution of the complaint via email.

14.3 Compliance with Regulations

Due to the nature of our services, we must comply with certain regulations that allow you to send us complaints about possible illegal content in our Application. You can also send these complaints to us via email according to paragraph 14.2, in English or Czech. These regulations include:

  • Regulation (EU) 2022/2065 of the European Parliament and Council of 19 October 2022 on a single market for digital services ("DSA").
  • Digital Millennium Copyright Act of 1998 ("DMCA").

14.4 Content Moderation

We do not conduct active moderation of content stored in the Application. Illegal content is controlled and removed either randomly based on our findings or based on complaints according to paragraph 14.5.

14.5 Handling Complaints under DSA and DMCA

Handling your complaints under DSA and DMCA will proceed as follows:

  • First, you must provide us with all the information necessary to address the potential illegal content. This information includes, in particular, your identification, contact details, and identification of the illegal content, including the reasons why you consider such content illegal.
  • We will then assess the potentially illegal content. If we conclude that it is illegal, we will stop displaying it in the Application and/or remove it from the Application. We will inform you and the person who uploaded the illegal content within a reasonable time. If necessary, we will also inform the police or other authorized authority.
  • Given the circumstances of the case, we will strive to prevent further uploading of the affected illegal content to the Application (e.g., by canceling the user account of the uploading person).
  • When assessing illegal and other objectionable content, we do not use automated decision-making based on algorithms, but human review.

14.6 Contact Point for Public Authorities under DSA

In accordance with Article 11 DSA, we establish the following contact point for authorities of the EU member states, the European Commission, and the European Digital Services Board: dsa@hitchat.com.

14.7 Out-of-Court Dispute Resolution

As a consumer, you may have the right to out-of-court resolution of consumer disputes with an authority in your country of origin or residence. In the European Union, this is also possible online through the platform available here: https://ec.europa.eu/consumers/odr. In the Czech Republic, the Czech Trade Inspection Authority, based at Štěpánská 44, 110 00 Prague 1, www.adr.coi.cz, is competent to handle out-of-court resolution of consumer disputes. The resolution of the dispute in this way will only begin at your request if you cannot resolve the dispute directly with us. You can submit the request no later than 1 year after you first asserted your right with us.

14.8 Authorizations and Authorities

We can provide the Application and other services based on a trade license. Trade inspection is carried out within the scope of its competence by the relevant trade office. Supervision in the field of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with consumer protection regulations within a defined scope.

15. Final Provisions

15.1 Language Versions

The Terms are available in Czech. However, we may translate them into other languages, particularly English. In the event of discrepancies between different versions, the English version takes precedence. You acknowledge that other language versions besides Czech and English are provided solely for your convenience in using the Application, and any differences from the English version are not binding for us or you.

15.2 Governing Law and Judicial Dispute Resolution

The Contract is governed by Czech law, and disputes will be resolved by the courts of the Czech Republic. This does not affect the rights you have as a consumer under applicable legal regulations.

15.3 Invalid Provisions

If any provision of the Terms becomes invalid or unenforceable, the remaining provisions of the Terms are not affected. We may replace the invalid or unenforceable provision with another provision.

15.4 Changes to the Terms

We may change or supplement the Terms. We will inform you of the changes through the Application or email. If you do not agree with the new Terms, you can delete your Account, thereby terminating the Contract. If you do not do so within 10 days of being informed of the change to the Terms, it is understood that you agree with the new wording and commit to adhering to it from the date of its effectiveness.