Terms of service

Thank you for using our Lektory.app (“App“).

First, let us introduce ourselves. We provide the Application as a company Magic Education s.r.o., with registered office at Hamry nad Sázavou No. 563, Postal Code 591 01, ID No.: 079 75 040, registered in the Commercial Register at the Regional Court in Brno, file No. C 111206 (“we“).

The application is used for comprehensive management of courses, seminars, workshops, conferences, festivals, and other events (“Events“) organized by you. It will allow you to list Events, accept registrations for them, communicate with participants, and record their attendance. It will also help you with many other things. For more information about the specific functionality of the Application, please visit https://lektory.app (“Website“).

We recommend that you read the entire Terms of Use of our Application as they set out the binding rules for its use. However, we understand if you do not feel like doing so for any reason. We have therefore prepared a summary of the most important points:

• Our customers come first and we always strive to reach a solution that both parties are happy with.
• Upon your acceptance of these terms of use (“Terms“), we will enter into a digital content agreement (“Agreement“) with you. Unless we agree otherwise, the content of the Agreement is determined by these Terms.
• The Digital Content is our Application, which you can access through your user account on the Site.
• We may unilaterally change the Terms, but we will not do so unreasonably. We will also always let you know in advance and give you the opportunity to terminate the Agreement if necessary.
• You must pay us a fee for using the Application.
• We do our best to keep the App running smoothly and we guarantee its availability to you at 99% in each calendar month. However, sometimes it may be temporarily unavailable.
• If you do encounter a problem or defect, we would be happy to hear from you. The easiest way is to email us at info@lektory.app.
• We guard your personal information like a hawk’s eye. You can find out about how we process personal data in our Terms and Conditions here and in our Personal Data Processing Policy here, which is an appendix to these Terms and Conditions.

1. What do we do and what is the purpose of these Terms?

1. 1. Closer to the Application. We develop and operate the Application, which you may use and manage after entering into the Agreement through a user account that we will set up for you in accordance with the procedure set out in clause 2 (the “Account“). You may operate the Application through an interface on the Site.
   2. Your Customers. You may also provide access to certain features of the Application (other than the Account interface) indirectly to your customers who may use the Application to register for Events and take advantage of other features of the Application (“Customer“). Your relationship with the Customer is governed by a separate agreement between the Customer and you. You must disclose all mandatory information to the Customer, and you may inform the Customer directly through the Application.
   3. These Terms. The Terms govern the rules governing the use of the Application and our other rights and obligations. Simply put, the Terms should mainly give you answers to the following questions:
      1. How can you use the App?
      2. What can’t you do with the Application?
      3. How do you pay for using the App?
      4. What are our and your other obligations?
   4. Consent to the Terms, processing of personal data. If you wish to use the App, you must read, agree to and comply with the Terms. Please also read how we handle your personal data. You will find everything relevant about this in the Terms and Conditions and the Personal Data Processing Policy.
   5. Do you have any questions? If you have any questions, you can contact us using the details at the beginning of the Terms and Conditions or by email at info@lektory.app. We will reply to you as soon as possible.

2. How do I enter into the Agreement and set up an Account?

1. 1. Approval of the Terms and Conditions. We need some form of approval of the Terms from you. We may have you sign them, or we may have you approve them online, or we may otherwise make you aware of them and record that you have approved them. By accepting the Terms, you are equally accepting the Personal Data Processing Terms and Personal Data Processing Policy, which are an integral part of the Terms and which we have also made available to you.
   2. When is the Contract concluded? The Contract is concluded when you accept the Terms.
   3. Account. Once the Contract is concluded, we will set up an Account for you within 5 working days. We will send your login details to the agreed email address.
   4. Required information. To create an Account, we may require the information we set out in the Terms and Conditions. This will normally be the first name, last name, email address and telephone contact of the person who will administer the Application on your side (the Administrator). You will create the accounts of other persons (Event Coordinators, trainers) yourself in the Application interface, unless we agree to create these Accounts for you as well.
   5. Account Security. After we create an Account for you, we recommend that you change your password without delay. You should keep this to yourself. If you suspect that someone has gained unauthorized access to your Account, please change your login credentials or notify us at the contact email provided in Section 1.4.
   6. Application Version. Under the Agreement, we will provide the Application to you as digital content to the extent permitted by the functionality of the version of the Application then available. We plan to develop the Application and provide you with additional features and enhancements. The same rules set forth in these Terms apply to new versions and updates, unless we specify or agree otherwise.
   7. More about the Account. The Account is not your property. You only have access to it under the Terms. This means that you may not sell, rent or otherwise provide the Account to a third party.
   8. Restriction or cancellation of the Account. We may temporarily or permanently prevent you from using your Account at any time, especially if you have violated the Terms or the law. However, if possible, we will try to resolve the situation with you reasonably first.

3. What are the rules for using the App?

1. 1. Permitted Uses. You may use the App only for purposes permitted by these Terms and applicable law or arising from the App itself. In other words, you should only use the App to organize Events and activities related thereto.
   2. Copyright. The Application and the content stored therein may be protected by copyrights owned by us or third parties. You may use them only in accordance with the Terms, particularly Article 12 (Intellectual Property).
   3. What you may not do on the App? When using the Application, you must not do the following yourself or with the assistance of a third party:
      1. Unlawful Actions. Do not use the App to host illegal or fraudulent Promotions. We may temporarily hide or remove such Promotions without notice.
      2. Illegal Content. Do not upload illegal, harmful, harassing, defamatory, hateful, fraudulent, pornographic or other potentially objectionable Content to the App. We may temporarily hide or remove such content without notice.
      3. Spam. You will not use the Application to promote you or your services through spam or other unsolicited commercial communications.
      4. Interference with the Application. You may not copy, replicate, hack, modify or affect the appearance or functionality of the Application without our permission.
      5. Overloading. You may not do anything that would overload the Application, impair its stability, security or operation; this applies particularly to the use of any automated system that overloads the Application with more requests than a human could generate, and to the use of any viruses or other computer code that may affect the operation of the Application.
      6. Source Code. Do not make any attempt to obtain, reverse engineer, decompile or copy the source code or any other part of the Application.
      7. Unauthorized Access. Do not attempt to gain unauthorized access to other users’ Accounts or allow unauthorized access to your Account by third parties.
      8. Competing Applications. You may not create an application derived from or competitive with our Application using the source code or any other part of the Application. The same rules apply to any of our other intellectual property (e.g., the name or logo of the Application).
      9. Damage. Do not take or do any other action that could limit or harm other users of the Application or cause us harm.
   4. Notifying the Customer. You are solely responsible for informing Customer of the Promotion and all of Customer’s and your rights and obligations under your relationship. This applies in particular to all consumer protection and data processing obligations.

4. What if the App is unavailable?

1. 1. Availability and Maintenance. Please note that neither the Application nor the Account may be available around the clock, primarily due to necessary software or hardware maintenance, updates to the Application, acts of God, acts of a third party, or power or connectivity outages. Where possible, we will notify you directly through the Application of any downtime.
   2. Guaranteed Availability. We guarantee that the Application will be available 99% of the time in each calendar month. If it is not, we may provide you with a reward discount or credits.
   3. Downtime. Scheduled downtime, which we will give you at least 24 hours’ notice and will be implemented between 18:00 and 06:00 CET/CEST so as to minimally affect your use of the App, does not count towards availability under clause 4.2. Such downtime is necessary for the maintenance and development of the Application.
   4. Backups. We will back up your data contained in the Application regularly, at least once every 24 hours. We store each backup for 3 days, then overwrite it with a new backup. In the event of a deletion or other problem with your data, we can arrange to restore your data from the last available or agreed backup.
   5. Contact. If the Application is not working for you, please contact us as soon as possible for service support, e.g. to report a bug, query or request. To do so, please either use the service support channel within the Application or contact us via the email provided above. Support is provided free of charge, in Czech or another language as agreed by us.

5. When and how can we update and change the App?

1. 1. Updates. Our goal is to continuously develop the Application. However, we cannot guarantee any specific updates and enhancements or their frequency unless we have separately agreed to do so. We do, however, guarantee to provide updates that are necessary for the App itself to function without defects for the duration of the Agreement (bug fixes, patches and other security patches).
   2. Update Availability. We may make and install any updates or changes to the Application ourselves without your consent. Where possible, we will use scheduled downtime to do so pursuant to Section 4.3 and will notify you of the update or change.
   3. Changes to the Application. We may change the Application, in particular for the following reasons:
      1. Change or expiration of license rights. The Application may contain copyrighted content (graphics, text). We have licensing agreements with the creators of such content. We may remove this content or use other content instead when the license expires.
      2. Improving or changing the functioning of the Application. We may modify the Application and in doing so add, change or remove some of its functionality.
      3. Premium versions of the Application. We do not currently offer any subscription levels. However, in the future we may decide to move some of the free functionality of the Application to the premium version.
      4. Ensuring Interoperability and Compatibility, Changes in Laws, Third Party Compliance: We sometimes need to change the Application if a change in law, a third party, or the need to adapt for new devices requires us to do so.
   4. Additional costs. You will not incur any additional costs by making any of the changes described above unless you wish to purchase a premium version of the App, if we offer one. Of course, this does not apply to customized changes and modifications to the App.
   5. Notification of Changes. Especially if a change could negatively affect your user experience or use of the Application, we will notify you in advance, most often by contacting you via email or directly in the Application interface. If you disagree with such a change, be sure to let us know your opinion.

6. How do I get paid for using the App?

1. 1. Reward. You will pay us a remuneration for using the Application equal to 2.5% of the subscription fee amounts of all registrations made through the Application, excluding VAT. It does not matter whether these registrations are subsequently paid through a payment gateway or on the spot.
   2. Free to use. If you use the App only to organise Free Events, you do not have to pay a fee for its use on the effective date of the Terms. You agree not to circumvent this condition (i.e. not to present real paid Events as free Events on the App).
   3. Change of Reward. We reserve the option to change the reward under paragraph 6.1. or to charge for use under paragraph 6.2. in the future.
   4. VAT. The Reward does not include VAT on the provision of the App (21% as at the effective date of the Terms). We will always charge VAT on the Reward at the statutory rate.
   5. What the Reward includes. The Consideration includes access to the Application and enabling you to use all features made available to you, as well as operating, providing availability and maintenance as set out in clauses 4 and 5.
   6. What the Reward does not include. The Reward does not include any costs for customization of the Application, training or other services. The provision of these services must always be agreed between us.
   7. Payment. We will invoice you monthly or quarterly in arrears based on data from the Application. The invoice will always be at least 14 days past due. The amount is paid by crediting our bank account. We can agree on the invoicing period. If we do not agree, we may invoice monthly or quarterly at our discretion, also taking into account the amount of the fee. In the future, we may also allow payment by other methods (e.g. credit card).
   8. Minimum billing. We will invoice you whenever the total remuneration for one or more billing periods exceeds CZK 1,000. If the remuneration does not exceed this amount for two consecutive periods combined, we will invoice you for the lower amount.
   9. Late Payment. If you are more than 15 days late in paying an invoice or any part of an invoice, we may suspend your access to the Application until all amounts due are paid in full. Suspension does not affect the need to pay fees for all registrations made by Customers up to the time of suspension.
   10. Credits. You may also pay for remuneration for use of the Application through credits (“Credits“). These can be charged, for example, on the basis of a separate invoice issued by us or by individual agreement. We may also give them to you free of charge, for example as part of a trial use of the App or to compensate you for the unavailability of the App. The total amount of Credits is set out in the Account and you allow us to deduct Credits against payment of the Reward.
   11. Rules for use of Credits. We may agree otherwise, but in general the following rules for use of Credits apply:
       1. Value of Credits. 1 Credit = 1 cent.
       2. Validity of Credits. The validity of Credits is not limited.
       3. Exchangeability of Credits. Purchased and unused Credits will be refunded to you in cash upon termination of the Agreement, within 30 days of termination, provided that the amount of the Credits is at least CZK 1,000. Free Credits cannot be exchanged for cash.

7. How are we responsible for defects in the Application?

1. 1. How we treat defects. We intend to address defects in the Application and will use our best efforts to ensure that the Application is free from defects. If a defect does occur, our goal is to fix it as quickly as possible.
   2. What is and is not a defect? A defect is the unavailability or non-functionality of the Application or any of its features, as well as a conflict with these Terms or statements on our Site. A defect is not subjective dissatisfaction with the Application or non-functionality of the Application caused by improper software or improper use of the Application on your part (however, we will help you resolve these issues upon agreement).
   3. Complaints. If the Application or any part of the Application does not work, you may claim the defect during the term of the Agreement by emailing us at info@lektory.app. In your complaint, please include your identifying information, a description of the defect in the Application and how you wish to resolve the complaint.
   4. Remediable Defects. If the Application has a defect, you may request that it be corrected unless it is impossible or unreasonably costly to do so. In that case, we may refuse to remove the defect. In particular, we may remedy the defect by releasing a corrected version of the App within a time period appropriate to the nature of the defect, especially if we find that multiple users are affected by the defect. Alternatively, you may seek a reasonable reduction in the Fee.
   5. Irremediable Defects. If we do not remedy a defect within a time period reasonable to the nature of the defect, but not later than 30 days after notice of the defect, or we inform you that the defect is irremediable, you may withdraw from the Agreement in writing or claim a reduction in the Fee. Alternatively, we may agree to a longer period of time to remedy the defect due to the nature of the defect, in which case you may only withdraw or claim a discount if this period has expired.
   6. Reward discount. You are, of course, only entitled to a reasonable discount on the remuneration if you have already paid or are due to pay us any remuneration after the discovery of the defect. If you are using the App free of charge during that time (i.e., for example, you are not hosting a paid Event), you are not entitled to a reasonable discount.
   7. Complaint Resolution. We will notify you in writing by email or directly on the Application of the resolution of the claim. You will know how we have resolved the complaint.

8. How can I terminate the Contract?

1. 1. Duration of the Contract. The Contract is concluded for an indefinite period of time.
   2. Termination of the Contract. We and you may terminate the Contract without giving any reason, with a notice period of 1 month from the time of delivery of the notice.
   3. Cancellation by us. If you breach these Terms or applicable law, we may terminate the Contract. The same applies if the Fee or any part of it is more than 30 days overdue.
   4. Withdrawal by you. You may withdraw from the Agreement if we fail to remedy a defect in accordance with clause 7 or if the availability of the Application for two consecutive months is less than the guarantee under clause 4.2.
   5. Inactive Account. We may cancel the Master Administration Account if you have not used the Application for 24 months. However, we will normally give you 1 month’s notice. Cancellation of this Account will also result in cancellation of the Agreement.
   6. Account Cancellation. We may cancel your Account upon termination of the Agreement (end of notice period, effective date of withdrawal). However, we will normally give you an additional 15 days after the end of our relationship to download data from the Application.
   7. Effect of withdrawal. Withdrawal is effective upon delivery of written notice of withdrawal to the other party, but only prospectively. This means that you cannot claim a refund of the fees paid for the services provided by us (access to the App).
   8. Payment of Fees. We will invoice you for the Fee for all registrations made by Customers at the time of termination of the Agreement (at the expiration of the notice period or at such other time as your access to the Application ends).

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

1. 1. Our Rights. We own the Application and exercise our rights in it to the fullest extent possible. All rights in the App, including in particular the copyright in the content, including layout, photos, graphics, trademarks, logos and other content and elements, belong to us or to third parties with whom we have entered into a licence agreement.
   2. How the Application is provided. The Application is operated as software-as-a-service (SaaS). By downloading the Application, you obtain the right to use the Application (“License“).
   3. License. The License allows you to access and use the Application in the interface provided by us to the extent of the functionality we make available to you. The License is non-exclusive, limited in time to the term of the Agreement and not limited in territory.
   4. What does the License not allow? The License does not allow you to do the following:
      1. Modifications. You may not interfere with the Application in any way, except for normal use. In particular, you may not modify the Application in any way or attempt to obtain its source code.
      2. Disclosure to a third party. You may not pass off the Application as your own or offer it commercially or non-commercially to any third party. You may not provide access to the Application to other third parties by establishing Accounts, except for your employees and contractors.
      3. Assignment and sublicense. You may not assign the License to anyone. Similarly, you may not grant a sublicense to anyone.
   5. Your Intellectual Property. You represent that you have sufficient rights to any intellectual property you upload to the Application. If anyone contacts us because you have infringed their intellectual property rights, you must fully indemnify us and, if possible, take over the matter.
   6. Royalty. The license fee is included in the fee under the Agreement.

10. How is liability for damages and the possibility of a discount for our misconduct determined?

1. Our Services. We offer the Application to the extent of the functionality available (“as available”) and do not warrant that it will always operate without interruption.
2. Discount for reduced availability. If the availability of the Application is less than the guaranteed availability under clause 4.2, we will provide you with a discount on the Fee paid by you. This discount may also be provided in Credits usable to pay future Rewards. You will not be entitled to any other compensation for damages or other expenses (other than a reasonable discount under clause 7) in respect of the unavailability or non-functionality of the Application or defects. We will provide the discount to the following extent:
   1. Availability 98 to 98.99% = 25% of the Fee paid for that calendar month.
   2. Availability 90 to 97.99% = 50% of the fee paid for that calendar month.
   3. Availability less than 90 % = 100 % of the fee paid for that calendar month.
3. Maximum Responsibility. Our maximum and aggregate liability for any loss under the Agreement shall not exceed an amount equal to three times the average monthly remuneration paid by you to us during the term of the Agreement, calculated as at the date of the loss. For the avoidance of doubt, for the purposes of this limitation, the reduced availability discount under clause 10.2 shall not be an injury
4. Limitation of Liability generally. We shall not be liable for any injury caused by:
   1. Injury caused by you. Harm caused by misuse of the App and Account by you, misuse of the App, loss of access to the App by you or use in breach of the Terms.
   2. Customer Damages. We will not be liable to Customer for any harm resulting from the unavailability or non-functionality of the Application.
   3. Changes to the Application. We will not be liable for any harm you suffer as a result of a notified change or update to the Application, including loss of data stored in the Application at the time the notified change was made.
   4. Loss of Data. We will back up the Application in accordance with paragraph 4.4. We will not be liable for any other loss of data (e.g. loss of data stored since the last backup). However, we will always try to resolve any problem so that it affects you as little as possible.
   5. Third parties and force majeure. We are also not liable for any interruption in the provision of the Application services if caused by third parties or force majeure (for example, a cyber-attack, power outage or telecommunication connection failure). For these cases, you waive your right to compensation for damages.
5. Inability to exclude or limit compensation for damages. The exclusion of the right to compensation does not apply to injury for which we cannot exclude compensation by law. Therefore, we do not exclude liability for injury to life and limb or for injury caused intentionally or through gross negligence.

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

1. 1. Feedback. If you provide us with any ideas, advice, recommendations or other feedback about the App, we would be grateful for it. You acknowledge that we may use such feedback and we may not charge you anything for its use.
   2. Complaint Resolution. We handle complaints through the contact email address set out in paragraph 1.5. We will send you information about the resolution of your complaint by email.
   3. DSA Regulation. Due to the nature of our Services, we must comply with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Single Market (“DSA“). The DSA allows Users (both you and Customers) to send us complaints about possible illegal content on our Application (e.g. illegal Promotions or content infringing intellectual property rights). You may also send us these complaints by email as per paragraph 1.5, in English and in Czech.
   4. Content Moderation. We do not actively moderate the content uploaded to the Application, as it can be assumed that the data uploaded to the Application will only rarely contain illegal content due to its nature (data about the Events organised). Unlawful content is checked and removed either randomly based on our findings or on a complaint in accordance with paragraph 11.5.
   5. Complaint handling under the DSA. All complaints under the DSA will be dealt with as follows:
      1. Disclosure. The whistleblower must disclose the information necessary for us to address the possible illegal content. This information includes, but is not limited to, his or her identification, contact information, and identification of the illegal content, including the reasons why he or she considers such content to be illegal.
      2. Assessing and informing. We will then assess the potentially illegal content. If we conclude that it is illegal, we will stop displaying it on the App and/or remove it from the App. We will notify you (if it is your content), the person who posted the illegal content and the person who made the report within a reasonable time. If necessary, we will also notify the police or other authorised authority.
      3. Preventing it in the future. Given the circumstances of the case, we will seek to prevent further uploading of the illegal content in question to the App (e.g. by terminating the uploader’s user account).
      4. Nature of the decision. We do not use automated, algorithm-based decision-making, but only human review, in assessing illegal and other objectionable content.
   6. Point of contact for public authorities under the DSA and Customers. In accordance with Article 11 of the DSA, we have established the following point of contact for European Union Member State authorities, the European Commission and the European Digital Service Board: dsa@lektory.app. Customers can also use this contact if they wish to report illegal content.

12. Final provisions

1. Applicable law and jurisdiction. The Agreement shall be governed by Czech law and disputes shall be resolved by the courts of the Czech Republic.
2. Invalid provisions. If any provision of the Terms becomes invalid or unenforceable, the other provisions of the Terms shall not be affected. We may replace an invalid or unenforceable provision with another provision.
3. Changes to the Terms. We may change or amend the Terms. We will always notify you of changes via the Application or by email at least 30 days before the change takes effect. If you do not agree to the new Terms, you may reject the change and terminate the Agreement. If you do not do so within 30 days of us notifying you of the change to the Terms, you agree to the new wording and agree to be bound by it from the effective date.

These Terms are effective as of March 1, 2024.