Condiciones de uso

ROUVY has been established and developed with the objective of providing cycling aficionados with an extraordinary experience. We value highly all users, supporters, and fans. We are happy about the community that has formed around ROUVY in the years since the launch of our application, and we feel a great responsibility for its future. We are dedicated to responding to the current needs of our users, and to that end, we improve and fine-tune the ROUVY application in an ongoing manner. These Business Terms and Conditions have been compiled with the aim of ensuring the flawless operation of the ROUVY application. We look forward to our partnership and wish you many an unforgettable adventure with the ROUVY application.

Business Terms and Conditions

(Hereinafter also referred to as "Business Terms and Conditions" or "BTC")

1. Preamble

Prior to confirming the creation of a User Account, prospective ROUVY users must become acquainted with the Business Terms and Conditions. By placing an order, by downloading the ROUVY application to the prospective user’s/User’s device, by any use of ROUVY, by entering into the ROUVY Use Agreement, or by employing another similar mechanism, the prospective user/the User certifies to have had the opportunity to become acquainted with the Business Terms and Conditions and related documents, has read same, unconditionally consents thereto, and undertakes to observe same throughout the use of ROUVY. In case that the prospective user/User disagrees with the BTC in any way whatsoever, the prospective user/User must refrain from using ROUVY.

2. Definitions

2.a.

ROUVY/Software/Service – Multiplatform application intended for the general public that simulates real-world cycling routes in combination with stationary cycling equipment.

2.b.

Provider – VirtualTraining s.r.o., the company with which the User enters into a ROUVY Use Agreement.

VirtualTraining s.r.o.

Business ID: 018 98 019

Registered office: Rohanské nábřeží 693/10, 186 00 Prague 8 – Karlín, Czech Republic

Registered under Reg. No. C 368663 in the Commercial Register maintained by the Prague Municipal Court.

2.c.

User – A person authorized to use ROUVY subject to the BTC. The User is a Party to the ROUVY Use Agreement.

2.d.

Parties – The User and the Provider.

2.e.

Subscription – Ensemble of rights and duties applicable to the User with respect to ROUVY, subject to predefined conditions.

2.f.

Automatic Renewal – An automated process of ordering a Subscription identical to a Subscription previously ordered and paid for by the User, upon the expiration of the User’s original Subscription.

2.g.

User Content – Any and all information uploaded by the User to the ROUVY environment or transmitted/shared via ROUVY or via an associated website. User Content mainly includes data, texts, videos, images, files, routes with geographic mapping, and graphics.

2.h.

User Account – Ensemble of information pertaining to the User and the use of ROUVY stored through ROUVY.

2.i.

User Account Suspension – A situation in which the Provider temporarily prevents the User from signing in to any ROUVY service, whereupon the User is unable to use benefits attaching to his/her Subscription.

2.j.

User Account Deactivation – A situation in which the User rescinds the ROUVY Use Agreement. After User Account Deactivation, the User is unable to use his/her User Account and loses benefits and options attaching to his/her Subscription and use of ROUVY.

2.k.

Consumer – Any person other than a business operator or self-employed person, who transacts or enters into an agreement with the Provider.

2.l.

User's Digital Environment – The hardware, software, and online connection devices allowing access to and the use of the User's digital content, necessary for the proper functioning of ROUVY.

2.m.

Virtual Objects – Various types of digital content which the User may obtain and use exclusively in ROUVY. Virtual Objects mainly include cosmetic additions available to the User for use in ROUVY.

2.n.

Essential Updates – Updates issued during the term of the ROUVY Use Agreement with the aim of ensuring the problem-free operation of ROUVY. Essential Updates mainly include updates relating to the security, flawlessness, and functionality of ROUVY.

2.o.

Updates Modifying Functions and Features – Modifications of ROUVY liable to significantly change the nature, functions, or features of ROUVY.

2.p.

Third-Party Content – Information on third-party products, services, activities, and events displayed in ROUVY or through ROUVY;

2.q.

ROUVY Use Agreement – The contractual arrangement between the Provider and the User, the content of which are rights and duties arising under the BTC, other legal documents, and other legal considerations.

2.r.

ROUVY Usage Fee – A fee the Provider may charge for a Subscription.

2.s.

Civil Code – Act No. 89/2012 Coll., the Civil Code, as in effect.

3. Entry Into Agreement

3.a.

The User enters into the ROUVY Use Agreement by completing registration and creating a User Account. The Agreement lays down rights and duties arising under the BTC, other legal documents, and other legal circumstances. ROUVY application may not be used without creating a User Account in ROUVY and entering into a ROUVY Use Agreement.

3.b.

By entering into a ROUVY Use Agreement, the User undertakes to comply with all provisions of the BTC.

3.c.

The User acknowledges that ROUVY is a digital content provider and expressly agrees that the User's right to use ROUVY begins upon the payment of the Fee for the applicable Subscription. Insofar as the User is a Consumer, the User is not subject to the 14-day time limit for the rescission of the ROUVY Use Agreement following the beginning of the use of ROUVY, where the User is not entitled to a refund of the ROUVY Usage Fee, irrespective of whether the User has the status of Consumer or business operator.

4. Eligibility

4.a.

ROUVY may be used only by persons 13 years of age or older, taking into account different requirements laid down under laws in effect in the applicable country. To access certain functions of ROUVY, the User must be 16 of age or older, or, where applicable, the User must meet the minimum age requirements laid down under laws in effect in the country where the User is domiciled (this applies particularly to functions concerning health and other data). If below the legal age, the User may use ROUVY only if his/her legal guardian consents to the BTC.

5. Access to ROUVY

5.a.

Unless otherwise specified elsewhere, access to ROUVY is provided to the User without undue delay in accordance with the BTC. Access to certain paid functions and features may be provided only after the payment of the Usage Fee or within a longer time limit, depending on the specific ROUVY function or feature.

6. User Account and User Account Deactivation

6.a.

The User must register and create a User Account. The User may contact ROUVY customer support in the event of problems with creating a User Account.

6.b.

The User may register and sign in using third-party accounts (particularly Facebook and Apple accounts). In such a case, the User grants the Provider consent to access the User’s data in such a third-party account and to enter such data automatically to the User’s ROUVY User Account.

6.c.

Likewise, the User may link his/her User Account with third-party accounts subject to the conditions and policies of such third parties.

6.d.

The Provider may create a User Account for the User, subject to the User's consent. Such consent may be granted verbally or in an implied manner.

6.e.

The User must ensure that data in the User Account are up to date and must update out-to-date data.

User Account Deactivation

6.f.

The User is advised not to close the User Account even if the User Account is inactive over a protracted period, to prevent the loss of content from the User Account.

6.g.

The User Account may be deactivated at any time by the User. If the User deactivates the User Account while a Subscription is in effect, the Subscription is terminated at time of User Account Deactivation, whereupon the User is not entitled to a refund for an already paid ROUVY Usage Fee, in full or the proportionate part thereof.

6.h.

The User acknowledges that User Account Deactivation may result in the erasure of any and all content in the User Account, the erasure of any and all User Content, and the loss of the right to use any and all Virtual Objects associated with the User Account.

6.i.

If a Subscription is purchased through a third-party store (App Store, Google Play, etc.), the User is required to carry out User Account Deactivation manually through the applicable third-party store.

6.j.

The User acknowledges that User Account Deactivation means that the User will be unable to use his/her User Account in ROUVY, PowerTap, and other partner applications.

6.k.

The User agrees that the Provider may unilaterally rescind the ROUVY Use Agreement and Deactivate the User Account if the User does not sign in to ROUVY or does not use ROUVY in any way whatsoever during a period of 24 months. If the Provider rescinds the ROUVY Use Agreement and Deactivates the User Account in accordance with this paragraph, the Provider must provide the User with information to that effect by e-mail. A notice as per the foregoing must be sent at least twice, where one such notice must be sent no less than three months in advance and another at least one month in advance.

7. User Account Password

7.a.

The User must assign a password to his/her User Account. The password must be kept strictly confidential. If the password is disclosed or if the User suspects the password to have been compromised, the User must without delay change his/her password for the User Account. If the User suspects unauthorized access to his/her User Account, the User must immediately notify the Provider.

7.b.

The Provider reserves the right to request the User to change his/her password if the Provider suspects that the User’s password may have been compromised in any way whatsoever. In the event that the User's password is suspected to have been compromised, the Provider has the right to resort to User Account Suspension.

7.c.

It is expressly stipulated that ROUVY is provided to a specific person, and the User is prohibited from sharing his/her password with any other person, regardless of the reason.

7.d.

If the password is shared with a third party, the User may be prevented from access to the User Account, and the Provider may unilaterally, effective immediately rescind the ROUVY Use Agreement, whereupon the User will have no right to receive any refund whatsoever. The Provider has the right to create a mechanism allowing determining whether the User deliberately shares his/her password.

8. Subscription

8.a.

It is recommended to purchase Subscriptions directly from the Provider at https://rouvy.com/.

8.b.

The Provider provides ROUVY based on Subscriptions, of which there may be multiple types.

8.c.

Subscription types and their specifications can be found at www.rouvy.com.

8.d.

The Provider may offer a free trial period to new Users. During the trial period, the User may be provided predefined ROUVY functions without the requirement to pay the ROUVY Usage Fee. Unless otherwise specified, the free trial period is afforded to the User for a limited time of 14 days, starting upon the activation of the free trial period.

8.e.

In the case of a paid Subscription, the User provides access to the functions and features offered under the Subscription only after the ROUVY Usage Fee is paid in full.

9. Price List

ROUVY Usage Fee

9.a.

The User must pay the ROUVY Usage Fee for paid Subscriptions. The amount of the ROUVY Usage Fee for a Subscription is specified at www.rouvy.com and on the websites of the applicable stores (App Store, Google Play, etc.). The ROUVY Usage Fee may differ depending on the store (www.rouvy.com, App Store, Google Play, etc.) or the locality from which the User purchases a Subscription.

9.b.

Regardless of whether a different ROUVY Usage Fee is specified elsewhere, the ROUVY Usage Fee specified in the applicable place of purchase applies (www.rouvy.com, App Store; Google Play).

9.c.

The Provider reserves the right to offer unique individual discounts from the ROUVY Usage Fee. Any such individual offer applies solely to a specific User or a potential User to whom the offer is extended, subject to the terms and conditions laid down in such a specific offer. Unless otherwise specified, an offer remains in effect for no more than 48 hours after it is presented. A specific offer may not be accepted in a way contradicting the parameters of the offer.

Supplementary Services

9.d.

The Provider reserves the right to provide supplementary services not included under a specific Subscription or, as the case may be, Usage Fee. If the User wishes to use Supplementary Services, the User must pay for such Supplementary Services a one- time fee, a recurring fee, or another fee determined by the Provider.

9.e.

Unless otherwise specified, Supplementary Services are linked to the use and payment of a Subscription. Thus, when the User's Subscription expires, the User may be refused access to Supplementary Services.

Other Fees

9.f.

The User may be charged other fees by third parties in connection with indirect use of ROUVY, other than fees that are charged by the Provider and included in a Subscription. The User acknowledges that such indirect fees may be charged thereto, where the User may not claim such fees from the Provider as being part of a Subscription.

Other fees include, without limitation, the cost of sending SMS, MMS, telephone charges for calls to the Provider's customer support, and other charges.

10. Payment Terms

10.a.

The User undertakes to pay all of his/her financial commitments to the Provider in proper and timely manner. That applies, without limitation, to the Usage Fee, the cost of Supplementary Services, penalties, and other costs liable to be charged to the User in connection with the ROUVY Use Agreement.

10.b.

Where applicable, the Provider instructs the User regarding the manner in which payments are to be remitted. In connection with the foregoing, the User is required to provide the Provider with information on thereby used payment method (including, without limitation, credit/debit card number, online payment service, third-party payment platform such as Apple Store or Google Play), unless the Provider specifies a different payment method. In case that the User orders any Service from the Provider and specifies a payment method, the Provider is authorized to debit the sum charged in accordance with the applicable order. By providing payment method information, the User authorizes the Provider to store information on the User's payment method, where such information may be used for the purposes of Automatic Renewal of Subscriptions or for facilitating future payments.

10.c.

If thereby desired, the User may modify information on thereby used payment method at www.rouvy.com or in the settings of the applicable third-party store (App Store, Google Play, etc.).

10.d.

If debiting funds using the payment method used by the User is contrary to an order or if another problem occurs, the User must immediately contact customer support at https://rouvy.com/contact-us and specify the detailed information referred to in the "Warranty Claims and Complaints (Rights and Duties relating to Defective Supply)" section of the BTC. Late warranty claims may be disregarded.

10.e.

Third-party applications allowing ordering and paying for certain Subscription types may be subject to different payment terms.

11. Automatic Renewal

11.a.

Automatic Renewal is activated after every order placed by the User. If User does not wish a Subscription to be renewed automatically after the expiry thereof, the User must deactivate Automatic Renewal via ROUVY settings: www.rouvy.com.

11.b.

The fee for Automatic Renewal of a Subscription is equal to the current Usage Fee applicable to the Subscription, unless the User is notified of a different amount.

11.c.

If the User Account contains out-of-date or incorrect information on the User's payment method, the User's Subscription is not renewed, and the User's access to functions associated with the Subscription is cancelled.

11.d.

If the User orders a Subscription through a third-party application (App Store, Google Play, etc.) Automatic Renewal may be cancelled only through the third-party store.

12. Subscription Cancellation

12.a.

The User may cancel a Subscription at any time, but the Provider is under no obligation to refund the Usage Fee for the Subscription, in full or in part. ROUVY believes that the free trial for new Users is sufficiently long to allow trying out all of the functions and features offered by ROUVY.

12.b.

The User may, however, apply to the Provider for a refund of the Usage Fee. Individual applications as per the foregoing are subject to no predefined rules. Where applicable, such applications are accepted at the Provider's sole discretion. The Provider therefore has the discretionary right to refund to the User the Usage Fee in full, in part, or to reject an application for a refund. Applications for a refund must be directed to the ROUVY customer support at https://rouvy.com/cs/contact-us.

13. Third-Party Application Stores

13.a.

In using ROUVY through third-party stores (App Store, Google Play, etc.), the User must become acquainted and comply with all conditions and policies of such stores. If the User does not consent to or does not understand any conditions or policies of third- party application stores, the User must refrain from using ROUVY through such third- party application stores.

14. Use of the Application

14.a.

The User undertakes to comply with the following:

14.a.i.

The User may have only one account associated with the User, and must therefore refrain from creating multiple User Accounts for himself/herself.

14.a.ii.

The must download and install the most recent official updates of ROUVY. The User acknowledges that he/she may be prevented from using ROUVY if he/she fails to use the up-to-date version (build) of ROUVY.

14.a.iii.

The User must always use ROUVY for personal purposes only.

14.a.iv.

If the User wishes to use ROUVY for commercial purposes, the User must notify the Provider and apply for prior consent to the use of ROUVY for commercial purposes. The Provider has the right to process such an application in a discretionary manner based on the Provider's discretionary criteria. The User has no right to being automatically granted permission to use ROUVY for commercial purposes.

14.a.v.

The User must use ROUVY and all applications associated with ROUVY only in the manner described in the BTC, rules laid down directly in the ROUVY application, terms and conditions for the associated applications, and instructions given directly by the Provider.

14.a.vi.

The User must use his/her User Account personally and must refrain from providing sign in data for his/her User Account to any other person.

Consent to Conditions and Policies for Third-Party Devices and Applications

14.b.

As regards the use of any third-party service, the User expressly declares to have read, to have understood, and to comply with all conditions and policies applicable to the use of the applicable third-party device or service. The foregoing includes, without limitation, the terms, conditions, and policies for the use of Facebook, Strava, iOS, iPadOS, tvOS, Windows, motion recording devices, etc.

Prohibited Conduct

14.c.

In using ROUVY, the User undertakes to refrain from violating any law, regulation, agreement, intellectual property rights, and other third-party rights, and to act in accordance with the rules of civility. Furthermore, the User undertakes to refrain from:

14.c.i.

harassing any ROUVY User;

14.c.ii.

impersonating another person or entity;

14.c.iii.

using any data from ROUVY for unlawful purposes;

14.c.iv.

harassing, slandering, threatening, and using data from ROUVY to stalk other persons in the real world;

14.c.v.

sending any unsolicited messages to other Users, particularly messages advertising or promoting any product or service whatsoever, requests for assistance, etc.

15. Consequences of Violation of the Business Terms and Conditions

User Account Suspension

15.a.

If the User commits any violation of the BTC, acts in a manner liable to jeopardize the operation or good repute of ROUVY, harasses or harms other ROUVY Users, the Provider, or a third party, the Provider has the right to Suspend the User’s User Account.

15.b.

The Provider must notify the User if the User's User Account is Suspended. The Provider is under no obligation to provide substantiation for User Account Suspension immediately. If, however, the User makes a request to that effect, a substantiation will be given to the User within three working days after a request to that effect is made.

15.c.

In case that the reason for User Account Suspension is confirmed, the Provider may unilaterally rescind the ROUVY Use Agreement. The Provider has the right to make a decision to the foregoing effect in a discretionary manner. If the Provider unilaterally rescinds the ROUVY Use Agreement in accordance with this article of the BTC, the User has no right to a refund for any thereby made payments.

16. User's Digital Environment

16.a.

Among other requirements, the use of ROUVY is conditional on downloading and installing certain content to the User’s device, and on connecting imaging and recording devices. Hardware, software, and other requirements can be found on the ROUVY website at www.rouvy.com.

16.b.

The Provider reserves the right to change supported hardware, operating system used by supported devices, and any other hardware/software required for the correct functioning of ROUVY. The Provider has the right to make changes as per the above at any time during the term of the ROUVY Use Agreement. Information on such a change is provided using the same method as information on updates.

Internet Connectivity

16.c.

To use ROUVY, the User must have Internet connectivity with a sufficient data transmission capacity.

17. ROUVY Beta Versions

17.a.

The Provider may from time to time make available new/modified ROUVY functions before their commercial release ("Beta Version"). A Beta Version may be provided for the purposes of testing, improving, and receiving feedback regarding quality and usability. For that reason, a Beta Version may contain errors and may be unfinished.

17.b.

The User has no automatic right to receive a Beta Version. The Provider grants access to Beta Versions to Users in a discretionary manner, and Beta Versions are used by the User on a voluntary basis. Every Beta Version is made available to the User following mutual approval.

17.c.

The User and the Provider may terminate the use of a Beta Version at any time.

17.d.

The following special provisions apply to the use of Beta Versions:

17.a.i.

use may be time limited;

17.a.ii.

additional requirements may be stipulated for the use of a specific Beta Version;

17.a.iii.

the User may be required to provide feedback;

17.a.iv.

the User grants express consent to the use of all data pertaining to the User’s use of Beta Versions;

17.a.v.

the User acknowledges that any Beta Version is a version of ROUVY intended for trial and testing purposes. A Beta Version may malfunction at any time, as a result of which the User may incur damage to health and property. By consenting to the use of a Beta Version, the User waives any right to raise any claim whatsoever to the Provider regarding liability for the use of such a version of ROUVY. If the User does not consent to waiving any claims regarding liability for the use of Beta Versions of ROUVY, the User must refuse access to every such Beta Version.

18. User Content

18.a.

The User authorizes the Provider to store User Content.

18.b.

The User acknowledges that User Content uploaded to ROUVY may be lost or erased in exceptional cases. Consequently, the User acknowledges that only User Content which the User has backed up may be uploaded to ROUVY.

18.c.

The User acknowledges that User Content may be visible to other Users.

Prohibited User Content

18.d.

In using ROUVY, the User undertakes to refrain from making public User Content that:

18.d.i.

is offensive, incites racism, fanaticism, hatred, causes physical or mental harm to any individual or to any group;

18.d.ii.

harasses or defends harassment of another person;

18.d.iii.

involves sexual or violent abuse;

18.d.iv.

contains nudity, violence, or offensive content;

18.d.v.

discloses any telephone numbers, addresses, surnames, or other information about a person other than the User;

18.d.vi.

disseminates information that is false or misleading or promotes unlawful activities or information that debases the dignity of another person;

18.d.vii.

violates any intellectual property or third-party rights, including User Content promoting illegal or unauthorized reproduction of copyrighted works and links to such works;

18.d.viii.

encourages circumventing the Provider's instructions;

18.d.ix.

includes unsolicited e-mail messages, such as spam, chain e-mail messages, bulk messages, or spimming;

18.d.x.

endorses any criminal activity or provides instructions for illegal activities;

18.d.xi.

includes commercial activities and/or sale without the Provider’s prior written permission, including, without limitation, contests, lotteries, barter, advertising, or pyramid schemes;

18.d.xii.

solicits from other Users passwords or any personal identification data for commercial, marketing, unlawful, or other purposes;

18.d.xiii.

contains personal data, data liable to identify other persons, photographs of another person published without consent granted by such a person or by his/her legal guardian;

18.d.xiv.

contains a virus or malware;

18.d.xv.

is deemed by the Provider at the Provider’s discretion to be inappropriate, restricting or preventing any person in the use of ROUVY, or liable to cause any harm/damage to the Provider or another person, or liable to involve liability of any kind.

Liability

18.e.

The User bears full liability for the transmission, accuracy, completeness, and publication of User Content. Likewise, the User bears full liability for maintaining control over User Content and the User's privacy settings that allow displaying User Content on ROUVY.

18.f.

The Provider expressly rules out liability for any User Content, to which the User consents. The foregoing includes, without limitation, data liable to damage ROUVY or its Users.

18.g.

The User acknowledges that publishing User Content through the Internet involves risks relating to uploading, unintentional publication of, and third-party access to User Content. Furthermore, the User acknowledges that a leak of User Content may occur in a way that surpasses the User's privacy settings. In such a case, the Provider will use reasonable effort to rectify the leak, but the Provider will in no way bear liability for such accidental publication.

Use of User Content

18.h.

User Content remains the exclusive property of the User at all times. Likewise, the User retains the full ownership of intellectual property rights to User Content.

18.i.

The User grants to the Provider unlimited, free-of-charge right (unlimited by purpose, time, and territorial restrictions) to dispose of User Content as well as non-exclusive, free-of-charge, worldwide, time-unlimited license to uploaded User Content, where the license is granted to an unlimited extent, subject to no specific purpose. The license does not expire on account of not being used. In the framework of the license, the Provider may display, reproduce, share, modify, disseminate, and distribute User Content and use it to create derivative works. The User agrees that the free-of-charge, unlimited right to dispose of User Content and the effect of the license granted under this paragraph will remain in effect after the expiration of the ROUVY Use Agreement, regardless of the reason.

18.j.

The foregoing license includes, without limitation, the right to use, reproduce, adapt, publish, display in part or in full, translate, distribute, and modify the format of User Content and to make copies thereof for any commercial, advertising, promotional, or other purposes. Furthermore, the license includes the Provider's right to use User Content to create derivative works.

18.k.

The User expressly agrees that the aforestated license and rights granted to the Provider include consent to any and all User Content uploaded to ROUVY being used by the Provider for commercial and advertising purposes, subject to the limits pertaining to the aforestated license and rights. k. Furthermore, the User expressly grants to the Provider the right to grant a sublicense to any third party.

18.l.

Furthermore, the User expressly grants to the Provider the right to grant a sublicense to any third party.

18.m.

In case that the Provider uses uploaded User Content to create derivative content/work, the User will have no rights to such derivative content/work, and the User may neither use such derivative content/work for his/her needs nor provide such content/work to third parties. The Provider will be the exclusive owner of any and all copyrights and other rights attaching to such content/work.

Removal of Content from the User Account

18.n.

The User acknowledges that it may be impossible to restore any content thereby removed from his/her User Account.

18.o.

At the same time, the User agrees that any content deleted by the User may be stored by the Provider, subject to the Privacy Policy. Backup copies of content stored this way may be created by the Provider for archiving, administrative, audit, and commercial purposes or if required by law.

Transmission of User Content

18.p.

The User must create backup copies of his/her User Content. The User acknowledges that he/she is not entitled to free-of-charge transmission of his/her User Content from ROUVY to the User’s data repository by the Provider.

Harmful User Content

18.q.

In case that the User uploads any harmful User Content, the Provider has the right to separate such harmful User Content from other ROUVY files and, as the case may be, delete such User Content. The User has the right to be notified of such a situation, but the User has no right to the backup, transmission, or any disposal whatsoever of such harmful User Content.

19. Feedback

19.a.

The User may voluntarily submit or otherwise deliver any comments, proposals, ideas, and suggestions for improving ROUVY ("Feedback").

19.b.

In case that the User or a person not registered with ROUVY submits Feedback to the ROUVY application, the person in question grants to the Provider a license or right to dispose of thus submitted Feedback using all of the methods permissible under Czech copyright laws. The foregoing license will be free-of-charge, worldwide, non- exclusive, subject to specific purpose, and time-unlimited. The license will not expire on account of not being used. The User acknowledges that the Provider may use Feedback in a discretionary manner, subject to requirements laid down under Czech laws. The User agrees that the Provider may grant unlimited disposal rights or rights constituting part of a license to that effect to a third party (sublicense) to the full extent thereof.

19.c.

Feedback provided by the User is non-confidential, subject to no protection.

20. Warranty Claims and Complaints (Rights and Duties relating to Defective Supply)

20.a.

All inquiries, complaints, and warranty claims must be directed to support@rouvy.com or submitted using the contacts provided at https://rouvy.com/contact-us.

Warranty Claims

20.b.

If the User believes ROUVY to be provided contrary to the agreed terms, the User can file a warranty claim through customer support at support@rouvy.com.

20.c.

Where applicable, a warranty claim submitted by the User must specify the User’s contact information and a description of the claimed defect.

Complaints

20.d.

Furthermore, the User may submit a complaint against a violation of third-party rights (such as violation of copyrights, offensive conduct, breach of privacy) or a complaint concerning User Content that contravenes the Business Terms and Conditions. A complain must be sent to https://rouvy.com/contact-us.

20.e.

A complaint must specify the following information:

20.e.i.

information on the complainant (full name, address, date of birth, mailing address, corporate identification data if the complainant is a legal person)

20.e.ii.

description of the subject of the complaint and exact location (such as URL link)

20.e.iii.

reasons why the content is to be removed (including links to relevant provisions of the law, if applicable)

20.e.iv.

other important facts

20.e.v.

date of submission and signature

21. Updates, Regular Maintenance, and Shutdowns

21.a.

The Provider reserves the right to release any updates of ROUVY as well as the right to release updates of ROUVY at a frequency determined at the Provider's discretion.

Essential Updates

21.b.

The User is entitled to Essential Updates.

Updates Modifying Functions and Features

21.c.

The Provider reserves the right to release Updates Modifying Functions and Features. The User expressly consents to such updates. Hence, the Provider may at any time add, change, or remove ROUVY functions or features, modify or introduce restrictions pertaining to data saving functions or other functions, where the Provider may do so based on legitimate reasons including:

21.c.i.

compliance with legal requirements arising under laws in effect;

21.c.ii.

changes in ROUVY algorithms;

21.c.iii.

improvements and modifications of existing ROUVY functions;

21.c.iv.

compliance with contractual duties involving other suppliers in the supply chain;

21.c.v.

expiration of rights to use third-party content.

21.d.

The Provider undertakes to inform the User of Updates Modifying Functions and Features of ROUVY using a transparent, understandable method.

21.e.

In case that an Update Modifying Functions and Features makes access to or the use of ROUVY more difficult (significantly), the User, being a Consumer, has the right to be notified prior to such a change and has the right to terminate the ROUVY Use Agreement and to receive a refund for the proportionate part of thereby paid fees applicable to the remaining duration of the User’s Subscription.

Regular Maintenance and Shutdowns

21.f.

No claim relating to defective supply may be raised in the event of any ROUVY maintenance or shutdown, provided that such maintenance or shutdown does not compromise the guaranteed availability of ROUVY.

21.g.

The User acknowledges that the Provider performs planned maintenance and improvements of ROUVY, which may temporarily restrict access to ROUVY or may cause the complete shutdown of ROUVY for a limited time.

21.h.

In case that maintenance or shutdown of ROUVY is to take place, which impacts the User’s access to ROUVY, the Provider must notify the User in reasonable advance prior to such planned maintenance or shutdown.

22. Rescission of the Agreement

22.a.

The User may rescind the ROUVY Use Agreement in the following cases:

#22.a.i.

rescission is expressly permitted under the BTC.

22.b.

The Provider may rescind the ROUVY Use Agreement in the following cases:

#22.b.i.

the User commits gross or repeated violation of the BTC (the severity of a violation is determined at the Provider’s discretion);

#22.b.ii.

the User uses ROUVY in any manner other than specified in the BTC without the Provider's express written consent;

#22.b.iii.

rescission is expressly permitted under the BTC.

22.c.

Furthermore, the ROUVY Use Agreement may be terminated under a mutual agreement of the Parties.

Refunds

22.d.

The User is entitled to a refund of the Usage Fee, in full or in proportionate amount, only in the cases specified in the BTC (or if stipulated by law). A proportionate amount means the remaining duration of a prepaid Subscription.

22.e.

The User is not entitled to a refund for any payment other than the cases expressly specified in the BTC.

23. Risks

Health Risks

23.a.

Before using ROUVY (and while using ROUVY, if applicable), the User must consult his/her health condition with a physician in relation to the use of ROUVY. The User may begin using ROUVY fully only after such a consultation. If a physician advises the User to refrain from using ROUVY, the User must observe such a medical advice and refrain from using ROUVY. In such a case, the User does not have the right to unilaterally terminate a Subscription and receive a refund for the fee, in full or the proportionate part thereof. The Provider reserves the discretionary right to make a decision regarding the cancellation of the User's Subscription and the issue of a refund, in part or in full, to the User.

23.b.

The use of ROUVY establishes no patient-physician relationship or another similar relationship.

23.c.

Likewise, no ROUVY content whatsoever constitutes health advice. If the User needs medical advice, the User must consult a physician. For that reason, the User must conform to medical advice/recommendations and must seek medical attention without delay if necessary. Likewise, the User must refrain from using ROUVY content for diagnostic or treatment of medical conditions.

Damage to Property

23.d.

In using ROUVY, the User must follow all of the instructions provided on the ROUVY website (https://rouvy.com), instructions provided directly in the ROUVY application, and third-party instructions, business terms and conditions, and instructions for use of hardware and software. The User has no right to claim from the Provider compensation for any damage whatsoever incurred by the User as a result of failing to comply with the foregoing requirements.

24. Third-Party Content

24.a.

The Provider may provide Third-Party Content in ROUVY. The provision of such Third-Party Content only consists of displaying or intermediating such content via ROUVY. By displaying or interacting with Third-Party Content, the User communicates/uses/disposes of such content at his/her own risk and responsibility. All actions and communication involving Third-Party Content are carried out directly between the User and the provider of Third-Party Content.

25. Service Availability

25.a.

The Provider guarantees 99% availability of ROUVY to the User. ROUVY availability is assessed on an annual basis.

25.b.

The Provider bears no liability for failing to meet the guaranteed availability if doing so is prevented by force majeure (circumstances precluding liability). Considered force majeure is an event that occurs independently of the Provider's will and prevents the Provider from discharging duties, provided that it cannot be reasonably assumed that the Provider may avert or overcome such an event or its consequences, and, moreover, that the Provider could have foreseen such an event at the time the relevant duties were established. Events meeting the definition of force majeure as per the preceding sentence include, without limitation a) labour strike, if organized by third- parties, b) act of terrorism, c) war, civil and military unrest, blockade, insurrection, vandalism, epidemic, quarantine, state of emergency, d) stroke of lightning, earthquake, fire, storm, flood, landslide, e) events resulting in the declaration of a state of emergency within the meaning of the Energy Act.

25.c.

The User acknowledges that ROUVY may incorporate supplementary services provided by third parties (such as STRAVA). The Provider in no way guarantees the accuracy, correctness, completeness, and up-to-dateness of information received by the User through the use of such supplementary services, and bears no liability for damage incurred by the User as a result of the unavailability of such services. The unavailability of any of the third-party supplementary services provided through ROUVY is not included in the guaranteed availability laid down in the BTC.

25.d.

If availability fails to meet the guaranteed value, the User is entitled to compensation in the form of a discount equal to the part of the Subscription fee applicable to the time during which ROUVY is not available. The maximum value of discount is equal to the monthly Fee for the applicable Subscription.

Internet Connectivity

25.e.

The Provider bears no liability whatsoever for the availability of ROUVY via the Internet, considering that the Internet is a decentralized network, subject to no third- party guarantees. Service may be subject to limits, delays, and other problems caused by the use of the Internet and electronic communication. The Provider bears no liability for such delays, system operation errors, and other adverse phenomena caused by such limits.

25.f.

Furthermore, the guaranteed availability as per the BTC does not include Internet failure affecting the User. The User is solely responsible for his/her Internet connection, which is required for using ROUVY.

26. Limitation of Liability

Prevention of Damage

26.a.

Both the User and the Provider must make maximum effort to prevent damage and to minimize damage that occurs.

Duty to Notify

26.b.

The User and the Provider must inform one another without unnecessary delay of any event constituting force majeure that prevents the due performance of the ROUVY Use Agreement. The Parties must use maximum effort to avert and overcome any event constituting force majeure.

Exclusion of Liability

26.c.

The Provider bears no liability for damage not thereby caused, including, without limitation, damage caused by a combination of external factors, computer infiltrations, different software, hardware, and use, or, as the case may be, non-use, or the impossibility to use the Software as a result of such factors. The Provider bears no liability for harm/damage incurred as a result of or in direct connection with the incorrect use of ROUVY. Neither of the Parties is liable for damage incurred as a result of factually incorrect or otherwise erroneous instructions received from the Counterparty. Neither of the Parties is liable for default caused by the Counterparty’s default on the discharge of the obligations thereof. Without limitation, where applicable, the Provider bears no liability for:

26.c.i.

non-functionality, non-availability, or poor availability of the Software caused by facts for which the Provider is not at fault (such as deficiencies in Internet connectivity, etc.);

26.c.ii.

leak of information and data from the ROUVY environment caused by facts for which the Provider is not at fault (such as the disclosure of sign in data by the Client, etc.);

26.c.iii.

damage or loss of data caused by facts for which the Provider is not at fault.

26.d.

The User may be held liable for damage or harm after the termination of the Agreement between the Provider and the User.

Scope of Liability

26.e.

The Provider bears no liability for indirect consequences of damage incurred, such as loss of profit, lost revenue, third-party claims, data lost or damaged in a way other than at the Provider’s fault, the consequences of the foregoing, etc. By way of derogation from Section 2952 of the Civil Code, the Provider will pay no compensation for a loss of profit, any expenses incurred as a result of a violation of the Provider’s duties, and any subsequent damage or harm.

Limit on Compensation Claims

26.f.

The Provider’s total liability to the User as per the ROUVY Use Agreement is limited to the sum of fees received by the Provider from the User in the 12 months preceding the origination of a liability claim. Compensation for damage has the form of financial payment only.

26.g.

The User’s total liability to the Provider as per the ROUVY Use Agreement is unlimited, unless otherwise specified in the BTC. Laws in effect may limit or preclude liability for damage and harm claimed against the User. Nevertheless, the User acknowledges that a situation may occur where the User will be required to compensate the Provider for damage or harm up to the highest allowable amount.

Force Majeure

26.h.

Neither of the Parties is liable for a violation of its duties arising under the ROUVY Use Agreement, if the duties are prevented from being discharged by force majeure.
Force majeure means any extraordinary unforeseeable event or situation beyond the control of the Parties, which prevents either of them from discharging any or their obligations arising under the BTC, is not caused by an error or negligence on their part, insofar as it is demonstrated that such an event or circumstance cannot be overcome using any and all due care. A Party that violates its obligations may not claim defects or defaults upon the manifestation thereof (unless they are caused by force majeure), labour dispute, labour strike, and financial difficulties as events constituting force majeure.

27. Protection of the User's Personal Data

27.a.

The terms and conditions pertaining to the protection of the User’s personal data, insofar as the Provider acts as a controller of the User’s personal data, are laid down in the Privacy Policy that can be found at https://rouvy.com/privacy-policy (“Privacy Policy”). The Privacy Policy constitutes part of the BTC.

27.b.

The User agrees that the Provider may use data pertaining to the User, his/her physical activity, position, etc., which are required for the functioning of ROUVY. ROUVY cannot be provided to the User if the foregoing data are not provided.

28. Contest Rules

28.a.

The Contest Rules ("Contest Rules") constitute part of the BTC. The Contest Rules are available at https://rouvy.com/contest-rules.

29. Licence

General License

29.a.

The Provider grants to the User a non-exclusive, personal, limited, restricted to the purpose defined in the BTC, and time-limited (based on the type of Subscription) license for non-commercial purposes (with the exception of cases in which the commercial use of ROUVY is expressly permitted under the BTC) to use ROUVY in accordance with the BTC.

29.b.

The license expires a) upon the expiration of the ROUVY Use Agreement or b) upon the expiration of the Subscription for which the license is granted.

29.c.

Unless otherwise stipulated in the framework of a specific Subscription, the User has no right to grant a sublicense or to assign the license to a third party.

29.d.

The Provider has the right to use commensurate means to verify compliance with the license granted to the User based on the BTC. In case that a violation of the license is ascertained, the Provider has the right to rescind the ROUVY Use Agreement, whereupon the User is not entitled to receive a refund for any payment whatsoever. Likewise, the rescission of the ROUVY Use Agreement in accordance with this paragraph does not preclude the right to claim from the User any loss or damage liable to be incurred in connection with a violation of the licensing conditions or the BTC by the User.

29.e.

If any code licensed as "FOSS" is incorporated in ROUVY (Free and Open Source Software), the license for the use thereof is subject to the license granted under the applicable EULA. Likewise, any third-party code subject to special licensing conditions is subject to the specific provisions of the relevant license.

Limited Use

29.f.

The User must refrain from using ROUVY for purposes other than specified in the BTC, rules specified directly in the ROUVY application, and instructions given directly by the Provider.

29.g.

Unless otherwise specified in the ROUVY Use Agreement or laws in effect in the Czech Republic, the User must refrain from copying, reproducing, disseminating, publishing distributing, and translating ROUVY, services provided through ROUVY, or any content, in full or in part, and from creating derivative works based on ROUVY.

29.h.

The User must refrain from carrying out the foregoing in regard to ROUVY: i. bypassing, switching off, damaging any function or feature whatsoever; ii. reverse engineering, reverse analysis or recompilation, disassembly, decompilation, modification, or any tampering with the source code, accessing the source code, or making the source code accessible to a third party; iii. penetration testing or overloading ROUVY in excess of the average parameters specified by the Provider; iv. adding any code whatsoever; v. using any automated means for accessing and using ROUVY (including, without limitation, robot, spider, scraper).

29.i.

ROUVY is provided for personal purposes, and the User must refrain from using ROUVY for commercial purposes without prior written permission. Accordingly, the User must refrain from reselling ROUVY, transferring his/her rights to use ROUVY to any third party in any way whatsoever, lending, renting, making public, providing a license to ROUVY to third parties, and using ROUVY without prior written permission to organize contests in accordance with the terms and conditions laid down under the Contest Rules.

30. Virtual Objects

30.a.

All Virtual Objects are the property of the Provider, or the Provider holds a license to use Virtual Objects granted by the owner of such Virtual Objects.

30.b.

In the framework of a Subscription, the User may receive Virtual Objects. In such a case, the User is only granted the right to use such Virtual Objects. Hence, the use of ROUVY does not transfer any Virtual Objects to the User's ownership. Under the BTC, the User may only gain a limited right to use such Virtual Objects while his/her right to use ROUVY remains in effect.

30.c.

The terms and conditions for obtaining and using Virtual Objects are displayed directly in the ROUVY application. These terms and conditions may be changed during the term of the ROUVY Use Agreement without serving a prior notice on the User.

30.d.

The User may use Virtual Objects only while his/her right to use ROUVY remains in effect, that is while the User has full access to ROUVY (the use of a Subscription). If the User does not have access to ROUVY, particularly due to the fact that the User does not have the applicable Subscription or does not pay the ROUVY Usage Fee for the applicable Subscription, the Provider may prevent the User’s access to obtained Virtual Objects. Likewise, the Provider may reduce or prevent the User's access to Virtual Objects if the operation of ROUVY is restricted or terminated.

30.e.

The User is granted the right to use certain Virtual Objects on a temporary basis only, which means that the User may use such Virtual Objects only during a limited time specified by the Provider.

30.f.

The Provider reserves the right to revoke the right to use certain Virtual Objects in the event the User breaches the BTC.

30.g.

The User may obtain Virtual Objects only through ROUVY.

30.h.

The User is prohibited from disposing in any way whatsoever of Virtual Objects on third-party websites or dispose of same in any way whatsoever outside the ROUVY environment.

30.i.

Certain Virtual Objects may not be available in every country.

31. Ownership of ROUVY

31.a.

ROUVY as well as any and all content contained therein, including texts, graphics, images, photographs, videos, illustrations, motifs, objects, persons (including names), concepts, copyrighted works, sounds, music compositions, audio-visual effects, and intellectual property rights to any ROUVY content or copies thereof constitute the property of the Provider and/or the providers of licenses thereto. Any and all rights are reserved, with the exception of cases expressly specified in the BTC. Any and all ROUVY content is protected under copyright laws, international treaties, copyright conventions, and other laws and regulations in effect in the Czech Republic.

32. Protected Trademarks

32.a.

Any and all protected trademarks, logos, names, and other copyrighted works are the property of the Provider or are used by the Provider based on a license to the relevant intellectual property rights. Neither the User nor any third party may dispose of, same without prior written permission, including, without limitation, copying or using same in full or in part.

33. Choice of Law

33.a.

The ROUVY Use Agreement between the User and the Provider is entered into on the basis and in accordance with the law of the Czech Republic. Issues not covered by the BTC and other legal documents are subject to the law of the Czech Republic.

34. Communication and Customer Support

34.a.

By entering into the ROUVY Use Agreement, downloading the ROUVY application, or using ROUVY in another manner, the User grants the Provider consent to communicate with the User regarding unfinished orders, transactions, and to respond to any message sent to the Provider.

Customer Support

34.b.

In contacting the ROUVY customer support, ROUVY will communicate with the User in English. If the User wishes to communicate in Czech, the User must contact customer support at support@rouvy.com and explicitly request communication in Czech. Otherwise, the User is not entitled to being communicated with in Czech.

34.c.

In case there is a technical problem, the Provider has three working days to respond to the applicable request. The Provider must resolve a technical problem within 10 working days. Where applicable, however, the Provider may resolve a large-scope problem concerning ROUVY within a longer, unspecified time limit.

35. Resolution of Disputes and Out-of-Court Settlement

35.a.

In the event of complaints and disputes, the User is advised to first contact the Provider’s customer support at https://rouvy.com/contact-us.

35.b.

If a complaint is not resolved to the User’s satisfaction, the User may resolve the dispute by means of out-of-court settlement. In such a case, the User, insofar as the User is a Consumer, can submit the dispute to an entity specializing in out-of-court settlement, such as the Czech Trade Inspection Authority (www.coi.cz).

36. Amendments to the Business Terms and Conditions and Other Legal Documents

pertaining to the ROUVY Application

36.a.

The Provider reserves the right to unilaterally amend the Business Terms and Conditions or any legal documents relating to the operation of ROUVY. Amendment includes any changes, modifications, additions, and deletions of any sections whatsoever. The User expressly agrees and acknowledges that the Provider may unilaterally amend the Business Terms and Conditions and other legal documents, subject to the provisions of the Business Terms and Conditions. Where applicable, amendments are posted on the Provider’s website (www.rouvy.com).

36.b.

In case that the Provider amends the Business Terms and Conditions or other legal documents, the User is notified of such an amendment by e-mail or through the ROUVY application.

36.c.

Unless otherwise specified in a notice, an amendment enters into force 10 days after being posted on the website.

36.d.

After an amendment enters into force, the User is deemed to consent to the amendment by continuing to use ROUVY.

36.e.

If the User rejects an amendment to the Business Terms and Conditions or other legal documents, the User must refrain from using ROUVY after the amendment enters into force, and must inform in writing the Provider of his/her rejection of the amendment to the Business Terms and Conditions by sending an e-mail to the Provider’s customer support at support@rouvy.com. In such a case, the User has the right to unilaterally terminate the ROUVY Use Agreement. A notice of termination served in accordance with this paragraph is subject to a notice period starting at the time a rejection notice is served and ending upon the entry into force of the amendment to the BTC.

37. Closing Provisions

37.a.

Delivery – The User gives the Provider express permission to send all legal and other documents, notices, messages, and other items of information to the e-mail the User has listed in the User Account as being directly accessible by signing in to ROUVY or alternatively signing in via the User’s Facebook/Apple account. Hence, any legal documents are deemed delivered to the User’s e-mail, unless the law requires a different delivery method. The User must ensure that ROUVY records contain his/her current e-mail address, and, where applicable, change/report any change of his/her address, loss of access to e-mail, or any other circumstance preventing the User from access to e-mail.

37.b.

The Business Terms and Conditions, the Privacy Policy, the Contest Rules, and other texts are binding in the Czech version. Any version in a language other than Czech is informal only and intended solely for information purposes only. The Czech version applies in regard to any and all legal matters.

37.c.

If the User is not a Consumer, Sections 2389a to § 2389s of Act No. 89/2012 Coll., the Civil Code, as in effect, do not apply, and all rights and duties are subject to the Business Terms and Conditions.

37.d.

The present BTC and other legal documents represent the full agreement between the Provider and the User. Any and all other arrangements, whether verbal or written, between the Provider and the User are substituted by the BTC. An exception from the foregoing are written amendments agreed between the Provider and the User in writing, where such amendments must bear a serial number and be designated as an amendment to the ROUVY Use Agreement. Such an amendment to the ROUVY Use Agreement must be signed by both of the Parties on the paper rendition thereof or bear electronic signatures unambiguously verifying the identity of the Parties.

37.e.

In case the Provider terminates its operations or the operation of ROUVY is terminated, the Provider will only be under the obligation to refund to the User a proportionate part of the ROUVY Usage Fee paid by the User and the remaining time for which the User has paid the ROUVY Usage Fee.

37.f.

The provisions of the BTC that due to their nature apply to persons and undertakings affiliated with the Provider may be used by the relevant persons and undertakings. The foregoing, however, only applies if such an affiliated person or undertaking is given the Provider’s prior express written consent.

37.g.

The fact that the Provider does not exercise or is unable to enforce any right or provision of the BTC, does not mean that the Provider waives such a right or provision.

37.h.

The fact that any provision of the BTC, in full or in part, becomes invalid or unenforceable has no effect on the validity and enforceability of other provisions of the BTC, in full or in part, unless it follows from the content of the BTC that such a provision, in full or in part, is not severable from the remaining content of the BTC. In such a case, the User authorizes the Provider to replace such an invalid or unenforceable provision with a new provision the purpose and meaning whereof are as close as possible to the provision hereof that is to be replaced.

37.i.

The titles of articles, sections, and individual provisions of the BTC serve for navigation purposes only and have no legal or other significance.

37.j.

The Provider may transfer the Provider's rights and duties arising under the BTC or the ROUVY Use Agreement to another entity, including without limitation, a member of the Provider's business undertaking or in the event there is a change of the Provider's owner.

37.k.

By entering into the ROUVY Use Agreement, the User agrees that any and all tax invoices issued thereto by the Provider may be in electronic form, in accordance with Section 26, Paragraph 3 of Act No. 235/2004 Coll., the Value Added Tax Act, as in effect.

37.l.

This version of the BTC enters into force on February 1, 2024 in regard to existing Users.

This version of the BTC enters into effect and into force on the day of its publication in regard to new Users who enter into a ROUVY Use Agreement after the date of publication of this version of the BTC.