StudyFi

I. Basic provisions

1.1

These General Terms and Conditions (hereinafter referred to as “Business Terms”) are issued by Studyfi s. r. o., ID 23170671, with its registered office in Nové sada 988/2, Staré Brno, 602 00 Brno, registered with the Regional Court in Brno, Section C, File 144461 (hereinafter referred to as the “Provider”) in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).

1.2

The Terms and Conditions govern the relations between the Provider and the User arising in connection with or on the basis of the Studyfi Portal Usage Agreement (hereinafter referred to as the “Agreement”) concluded between the Provider and the User through the website located at www.studyfi.app (hereinafter referred to as the “Internet Portal”).

1.3

Under the Agreement, the Provider undertakes to provide the User with access to the Portal and its functions, which include, in particular, the possibility of creating refresher cards and test questions, summaries from their own materials through artificial intelligence and access to such content via web and mobile applications. Selected portal features are available for free to a limited extent (see below), other features are only available upon activation of Pro and Advanced subscriptions.

1.4

The provisions of the Terms and Conditions are an integral part of the Agreement. By concluding the Agreement, the User agrees with the Terms and Conditions and confirms that he is properly acquainted with them. The User is sufficiently informed of these Terms and Conditions prior to the conclusion of the Agreement and has the opportunity to familiarize himself with them.

1.5

The contract is concluded by registering the user in the Internet portal, by which the user confirms that he has familiarized himself with the Agreement and the terms and conditions.

II. User account

2.1

On the basis of the conclusion of the Agreement and the registration of the User made in the Internet Portal, the Provider shall establish a User Account for the User free of charge (hereinafter referred to as the “User Account”), which the User may access through the Internet Portal.

2.2

When registering and using a user account, the user is obliged to correctly and truthfully provide all data. The user is obliged to update the data specified in the user account whenever they are changed. The data provided by the user in the user account is considered correct by the provider.

2.3

Access to the user account is secured with a username (email address) and password. The user is obliged to maintain confidentiality regarding the information necessary to access his/her user account, is obliged to protect it, not to provide it or make it available to a third party, not to disclose, not to allow its use or misuse by a third party, and is liable for damage caused by their use or misuse by third parties. The Provider is not responsible for any misuse of the user account by third parties.

2.4

The Provider reserves the right to limit, suspend or cancel the User Account, in particular in cases where the User does not pay the Provider a timely agreed remuneration pursuant to Art. IV Business Terms and Conditions or in the event that the User violates his obligations under the Agreement.

2.5

The User acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the hardware and software equipment of the Provider, or the necessary maintenance of hardware and software equipment of third parties. The Provider is not responsible for the temporary outage of the availability of the user account.

2.6

The range of services provided free of charge and the range of services provided under the Pro and Advanced subscriptions can be found in the price list of the provider here (link to the website)

2.7

The generation of refresher cards, test questions and summaries via artificial intelligence is limited by limits for Free, Premium and Advanced accounts.

2.8

Content generated through artificial intelligence is the author's work of the provider. All property rights and copyrights belong to the provider. The user is entitled to use this content for his own use and share it through the Internet portal with other users. The user is obliged to comply with the copyright and rights of third parties to the content from which the content is generated. Any breach is solely the responsibility of the user.

2.8

The user acknowledges that other users of the Internet portal can access the content through the sharing function. The user is obliged to comply with the copyright and rights of third parties to the content that he shares through the Internet portal.

III. Conclusion of the contract

3.1

The User agrees to the use of means of communication at a distance when concluding the Contract. Costs incurred by the User when using remote means of communication in connection with the conclusion of the Contract (e.g. Internet connection costs, telephone calls, etc.) shall be borne by the User himself.

3.2

The registration form on the Internet portal represents the proposal of the provider to conclude a contract within the meaning of Section 1731 of the Civil Code addressed to the users. The contract is concluded at the moment of completion of the registration of the user account. By registering a user account, the user simultaneously confirms that he has familiarized himself with these terms and conditions, the obligation to pay the provider a reward in case of activation of the subscription and the privacy policy and agrees to them.

IV. Reward for Providers

4.1

Access to basic educational materials is provided free of charge to the user. The user is entitled at his discretion to activate a regular monthly or annual subscription according to the price list of the provider and thus gain access to the Pro or Advanced package

4.2

The User is entitled to terminate the subscription at any time. In this case, access to the extended educational materials will be limited at the end of the subscription period (so called the end of the monthly or annual period depending on the selected subscription). Paid subscriptions will not be refunded at the end of the subscription.

4.3

The provider is entitled to change the subscription amount at any time. The Provider is obliged to inform the User of this change via e-mail or user account. The new subscription amount will be charged to the user from the new billing period.

4.4

In the event that the User does not agree to the change in the subscription amount, he may terminate the subscription or withdraw from the Agreement within 14 days of the notification of the subscription increase.

4.5

The subscription amount for the Pro account as of the effective date of these Terms and Conditions is CZK 199 per month or CZK 450 per quarter or 1499 per year.

V. Providing access to the functions and content of the Internet portal

5.1

The provision of access to the functions and content of the Internet portal (hereinafter referred to as the “Service”) will commence upon the conclusion of the Agreement and the creation of a user account.

5.2

The User, who is a consumer, acknowledges and expressly agrees to commence the provision of services before the expiration of the statutory period for withdrawal and declares that he has been duly informed that by expressing this consent he loses the right of withdrawal within the meaning of Section 1837 (a) of the Civil Code.

5.3

The Provider may temporarily suspend the provision or limit the availability of services, in particular:

• a) if the user, through a notice, violates his legal or contractual obligations;
• (b) if the user provides incorrect data or does not report a change in the data;
• (c) if the provider has reasonable suspicion of misuse of the service by the user, another user or a third party;
• (d) in the event of technical defects or for other serious technical or operational reasons, including inspection, alteration or maintenance of technical equipment, or changes in the way the service is provided;
• (e) in the event of a state of emergency (in particular natural disasters, terrorist attacks, epidemics, threats to state security, or the adoption of any other measure by a competent public authority that will result in the restriction or exclusion of the availability of services);
• (f) in the event of planned technical outages, during maintenance, technical inspections, revisions, repairs at the technical facilities or premises through which the service is provided or due to a power failure;
• (g) in other cases arising from legislation.

5.4

In case of interruption of the provision of services or restriction of their availability according to this clause of the Terms and Conditions, the User shall not be entitled to any discount for the period when the service was interrupted or its availability was restricted, nor shall he be entitled to compensation for damage. The Provider is also not obliged to compensate the User for any damage that may arise due to a decrease in the quality of services or defective provision of services.

5.5

In the event that an interruption or restriction of the provision of services occurs due to technical defects or malfunctions, the Provider shall take all steps to restore the availability and quality of services. The Provider does not provide any warranties or warranties, except those arising from legal regulations.

5.6

When using the services, the user is obliged to comply with the relevant generally binding legal regulations and instructions of the provider.

5.7

In any case, the Provider is not responsible for the occurrence of malfunctions, defects or malfunctions of the Service or any part thereof in cases where such malfunctions, defects or malfunctions occurred as a result of an objectively unforeseeable and unaffected event that does not originate in the actions of the Provider. In other cases, the user will be informed of the nature, extent and expected date of elimination of any malfunction at his request. In the case of severe or extensive failures, the time to eliminate the fault may be difficult to determine when it depends on the specific situation and the possibilities of eliminating the fault. The Provider undertakes to notify the User of any planned technical outages with a planned downtime of more than 5 hours within a reasonable time in advance by means of notification via the user account or by e-mail, provided that the planned technical outages (in particular on the basis of notifications from network operators or other facts) are informed in good time or otherwise prevent such notification.

5.8

The User may not use the Services in violation of the law or in such a way that would lead to a violation of the rights of the provider, the rights of other users or third parties.

VI. Complaints and rights from defective performance

6.1

The provider performs improperly, especially if the service is not available for a long period of time, due to a reason on the part of the provider for which it is responsible and could influence them.

6.2

The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular, the provisions of Sections 1914 and 1925 of the Civil Code, or by Act No. 634/1992 Coll., on Consumer Protection, as amended).

6.3

The user is entitled to claim service defects with the provider via e-mail address contact@studyfi.com, without undue delay after detecting the defect, but no later than one month after the defect occurs. In the complaint, the user is obliged to specify exactly what the defect consists of or how it manifests itself.

6.4

The Provider is obliged to send an electronic confirmation to the user, who is a consumer, stating when he exercised the right, what is the content of the complaint and what method of handling the claim is requested by the user; as well as a confirmation of the date and method of processing the complaint. The provider decides on the claim within ten working days. This period shall not include the reasonable time required for an expert assessment of the defect. The complaint, including the elimination of the defect, must be processed without undue delay, no later than 30 days from the date of the claim, unless the provider agrees with the user on a longer period. The complaint will be processed no later than 30 days after its receipt within the meaning of Section 19 of Act No 634/1992 Coll. on Consumer Protection.

6.5

The processing of a complaint in accordance with the previous paragraph does not constitute a right of the user to a refund of the paid subscription, even in part.

6.6

If the user, who is a consumer, is not satisfied with the way in which the provider handled his complaint or if he believes that the provider has violated his rights, he has the opportunity to contact the provider with a request for redress. If the provider responds in the negative to the request for redress or does not respond to it within 30 days from the date of its dispatch, the consumer has the right to file a motion to initiate an out-of-court settlement of his dispute in accordance with the provisions of Section 20d of Act No. 634/1992 Coll., on Consumer Protection.

6.7

The competent body for out-of-court settlement of consumer disputes with the provider is the Czech Trade Inspectorate, Štěpánská 567/15, 120 00 Praha 2, IČ: 00020869, the electronic address www.coi.cz or another entity authorized by the Ministry of Industry and Trade registered in the list of entities of out-of-court consumer dispute resolution maintained by the Ministry of Industry and Trade of the Czech Republic (the list is available at https://www.mpo.cz/cz/ochrana-spotrebitele/mimosoudni-reseni-spotrebitelskych-sporu-adr/seznam-subjektu-mimosoudniho-reseni-spotrebitelskych-sporu–171389/); the consumer has the right to choose which of these entities for out-of-court consumer dispute resolution applies to.

VII. Liability of the Provider

7.1

Nor is the Provider liable for any damage caused by an error or failure of the software or data connection, whether it is a failure of the software or data connection. In no event shall the Provider be liable in case of damage to the user's rights as a result of disclosure or misuse of any user's access data by a third party; as a result of computer or similar viruses; improper conduct of the User when using the Services; or as a result of a breach of the User's contractual or legal obligations.

7.2

The User shall not be entitled to compensation for damage in the event of interruption of the provision of services or restriction of the availability of services for the reasons specified in paragraph 5.3 of these Terms and Conditions, or in case of reduction of the quality of services or in case of interruption of the provision of services or limitation of their scope in case of inspection, alteration or maintenance of technical equipment or changes in the mode of provision of services. The Provider is also not obliged to compensate the User for any damage that may arise as a result of defective provision of services.

7.3

The User acknowledges that the use of the Services is associated with a certain risk of outages and inoperability of the Service and knowingly accepts such risk.

7.4

The User and the Provider agree that if the Provider is liable to the User for the damage incurred, the Provider is liable only for the damage caused by fault, in respect of property damage directly related to the provision of the Services, but not more than the amount corresponding to the subscription paid by the User to the Provider in the given calendar year. At the same time, the parties agreed to exclude the obligation of the provider to compensate the user for damage that could not reasonably have been foreseen at the time of conclusion of the Contract.

VIII. Duration and termination of the contract

8.1

The contract is concluded for an indefinite period.

8.2

Unless these Terms and Conditions provide otherwise, the Agreement shall terminate (a) by the termination of any of the parties or (b) by the withdrawal of any of the parties from the Agreement.

8.3

The User and the Provider are entitled to terminate the Agreement without giving a reason without notice. The termination does not give rise to the user's entitlement to a refund of the paid subscription.

8.4

The Provider is entitled to withdraw from the contract if:

The Provider may temporarily suspend the provision or limit the availability of services, in particular:

• (a) the provider ceases to be contractually or technically competent to provide the services, or it becomes technically impossible to provide the services;
• b) the user violates contractual or legal obligations and fails to remedy the remedy even within 14 (fourteen) days after the receipt of the request for redress;
• c) the user violates the Agreement or the Terms and Conditions in a material way;
• d) the user provides incorrect or false data or does not report a change in the data.

8.5

Withdrawal shall be effective at the time of delivery of the notice of withdrawal to the other Contracting Party, with effect on the date of delivery. The rights and obligations under the Contract fulfilled and/or arising up to the moment of the effects of the withdrawal shall not be affected.

8.6

In case of termination of the Agreement by any of the above methods, the Provider is not obliged to return the paid subscription to the User.

IX. Protection of personal data

9.1

All personal data are processed in accordance with the legislation on the protection of personal data. Details can be found in the Personal Data Processing Policy published on the provider's website.

X. Delivery

10.1

Obligatory communication of the parties shall be carried out exclusively in electronic form. Any notification from the user and provider sent by e-mail message will be considered to have been received when the sender has received confirmation of the full transmission of the message.

10.2

The User shall deliver correspondence to the Provider to the e-mail address contact@studyfi.app or studyfi.app@gmail.com. The Provider delivers correspondence to the user to the e-mail address specified in his user account.

XI. Final provisions

11.1

All agreements between the provider and the user are governed by the legal order of the Czech Republic. If the relationship established by the Treaty contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legislation.

11.2

All rights to the Internet portal and its contents belong to the provider. It is forbidden to copy, modify or otherwise use the Website or any part thereof without the consent of the Provider.

11.3

The Provider shall not be liable for errors arising from the interference of third parties in the Internet portal or as a result of its use contrary to its designation. The User shall not use procedures in the use of the Internet Portal that could adversely affect its operation and shall not engage in any activity that may allow him or any third party to unlawfully interfere or use the software or other components that make up the Internet Portal and use the Internet Portal or any part thereof or software equipment in such a manner that would be contrary to its purpose or purpose.

11.4

The User hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

11.5

The contract, including the terms and conditions, is archived by the Provider in electronic form and can be accessed by the Provider upon prior request of the User.

11.6

The Provider is entitled to amend or supplement these Terms and Conditions for the Services to a reasonable extent. The Provider is obliged to inform the User about the change in the Terms and Conditions, including the remuneration, in sufficient time, usually at least 30 days before the effective date of the change in the Terms and Conditions. The new Terms and Conditions for the Services shall always cancel and replace in full the existing Terms and Conditions for the Services, starting from the effective date of the new wording. The User may object to a change in the Terms and Conditions for the Services by sending an e-mail of disagreement no later than 15 days from the date of notification. In this case, the Agreement will expire on the effective date of the new Terms and Conditions. By the futile expiry of the deadline for sending a disagreement to a change in the Terms and Conditions for the Services, the User shall be deemed to have agreed to the change in the Terms and Conditions and the amended Terms shall become effective on the date specified therein. On the date of entry into force of the amendment of the Terms and Conditions, the Agreement shall be amended in accordance with the amendment of the Terms and Conditions.

11.7

Supervision of compliance with the provider's obligations under Act No. 634/1992 Coll., on consumer protection, is carried out by the Czech Trade Inspectorate, with its registered office at Štěpánská 15, 120 00 Prague 2.

These Terms and Conditions shall take effect on 1 April 2025.