General Terms and Conditions and License Agreement (hereinafter referred to as the "GTC")

Article II.
User

1. Only persons who are at least 18 years old and have full legal capacity may register.
2. The User is entitled to cancel the Registration at any time.
3. The User is a consumer if they are a natural person who, when entering into and performing the contract, does not act within their business activity, employment, or profession.
4. The User is obliged to keep their username and password for account access permanently secure and confidential. The Provider is not responsible for any damage caused by the User providing access data to third parties or misuse of access data.
5. The User agrees to maintain accurate, complete, and up-to-date information provided within the Application. Otherwise, the Provider is entitled to restrict or cancel access to the Application.
6. For the functionality of the Application, sufficient data connection is necessary. The User is responsible, at their own risk and expense, for obtaining access to the data connection required for using the Application. The User acknowledges that fees may apply to data connection usage. Fees may vary in different countries. The amount of fees is governed by the contractual relationship between the User and the third party providing the data connection.
7. The User acknowledges that using the Application may be subject to charges. In such a case, the Provider will inform the User in advance. If the User does not agree with the change of the GTC or the introduction of charges, they may cancel the Registration and uninstall and stop using the Application at any time.
8. The User undertakes not to use the Service in a way that excessively burdens the Provider's infrastructure or services related to the Application.
9. The User agrees and acknowledges that:
   
   • by using the Application, they also use a service that allows monitoring the movement of persons, determining their location, evaluating the monitoring process; generating movement history based on the obtained data;
   • the Application and the Provider's service are not a professional security monitoring service;
   • the Provider does not provide any warranty or is not responsible for the availability of location and movement history;
   • location data is transmitted from the User's device to the server (data storage) where it is stored in the database;
   • the Provider stores data on the server (data storage) for the User usually for no longer than 30 days from their acquisition; the Provider is not responsible for the accuracy of the data or its availability;
   • a SIM card with a service supporting the relevant data transmission method must be placed in the User's device;
   • data transmission is usually carried out through data transmissions via a third-party mobile network using technologies supported by the device used to run the Application;
   • location and movement history data depend on the availability of GPS, WiFi, and GSM (LBS) signals, which the Provider does not ensure and cannot guarantee their availability;
   • security features serve only as an indicative overview of the recorded location and recorded movement history;
   • the Application may be continuously updated, functions may be added, modified, or removed, depending on the development of new mobile devices and their operating systems; the Provider is not obliged to inform the User about these changes.

Article III.
License and Service

1. All services provided by the Provider under the GTC and in connection with the Application are provided "as is" and "with all faults" and only if available.
2. Provided that the User complies with the GTC, the Provider grants them a limited, non-exclusive license (hereinafter referred to as the "License") without the possibility of further sublicensing for access to the Application and its use on the User's personal device solely in connection with the use of the Provider's services. Any rights not expressly granted herein are reserved by the Provider.
3. The License authorizes the use of the Application exclusively for personal, non-commercial use.
4. Rights and licenses for further use of map materials are not part of the License or the Provider's services.
5. The User may not remove any copyright, trademark, or intellectual property information from the Application; reproduce, modify, license, rent, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Application, except as expressly permitted by the Provider in writing and in advance; create derivative works from the Application; perform reverse engineering or decompile the Application; attempt to gain unauthorized access to the Provider's services or related systems or networks, or damage any aspect of these services and related systems or networks.
6. The Provider is entitled to terminate the License at any time and prevent the User from accessing the Application, especially in the event of a breach of the GTC by the User.

Article IV.
Responsibility

1. The User acknowledges that all risks arising from the use of the Application are solely their responsibility.
2. The Provider is not responsible and does not guarantee the functionality of the Application or its compatibility with the User's device.
3. The Provider excludes any representations and warranties, whether express or implied, that are not expressly stated in the GTC. The Provider makes no representations, warranties, or commitments regarding the reliability, timeliness, quality, functionality, suitability, security, or availability of the Application, its services, or any services related to the Application, nor that such services will be provided uninterrupted or error-free.
4. The Provider is not liable for any damage (including, but not limited to, lost profits, data loss, personal injury, or damage to property, health, or life) arising from the use of the Application, its malfunction, or the use of services related to the Application. The Provider is not liable for delays or failures to perform services, especially for reasons beyond its reasonable control.
5. The Provider is not liable, especially for interruptions, disruptions, or termination of the Application or related services, particularly due to the unavailability of an internet connection, unavailability/shielding of GPS/GSM signals, or due to circumstances on the part of the User, the User's device, or third parties.
6. The Provider is not liable for any costs incurred by the User in connection with the use of the Application and related services.
7. A User who believes that the Provider has violated any of their rights or seeks to remedy any possible breaches by the Provider has the right to contact the Provider in writing at the address of its registered office according to Article I, paragraph 1 of the GTC. In the case of paid services, rights from defective performance are governed by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, with the complaint resolution period being 30 days. A User who is a consumer has the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity according to Act No. 634/1992 Coll., on Consumer Protection, with disputes related to financial performance falling under the jurisdiction of the Financial Arbiter with extended competence, and all other areas falling under the competence of the Czech Trade Inspection Authority (https://www.coi.cz/) or another authorized entity. For dispute resolution, a User who is a consumer can also use the online dispute resolution platform established by the European Commission at https://ec.europa.eu/consumers/odr/.
8. The Provider is entitled to interrupt the operation of the Application at any time, especially for system maintenance, system repair, or technical devices ensuring its operation.
9. The Provider is entitled to terminate the operation of the Application and related services at any time.

Article V.
Cookies

1. When using the Application, some information may be stored in the User's software or device in the form of "cookies". Cookies are data, typically small text files, that websites store on the User's device and store certain information and settings.
2. Cookies enable the Application to function in the way the User is accustomed to using it. Cookies, for example, allow the Application to be customized to better suit the User's interests and preferences or save their password, so they do not have to re-enter it each time they open the Application.
3. The User agrees to the collection of data and personal data through cookies.
4. If the User does not agree with the use of cookies, they must set the Application or their device to delete all cookies from their device, block them, and warn before storing cookies. If these measures are not possible for the User and the User does not agree with the use of cookies, they must uninstall and stop using the Application.
5. The User acknowledges that the Application may not function correctly or at all without the use of cookies.

Article VI.
Personal Data

1. To create an account, the User provides the Provider with the following information: username and email.
2. The purpose of providing the mentioned data is the functionality of the Application and related functionalities.
3. The User is entitled at any time to request the Provider to delete all personal data provided by the User in writing to the Provider's registered office address, through customer support or directly through the Application (in the login page).
4. The Provider undertakes not to provide any data about the User without their consent to third parties, except for cases where such cooperation is required by law, court decision, or other public authority or similar circumstance.
5. The Provider declares that as a processor of personal data provided in connection with the use of the Application, it will process these personal data in accordance with legal regulations, especially Act No. 110/2019 Coll., on the Processing of Personal Data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
6. Personal data will be processed for the duration of the User's account existence, i.e., until the User cancels it along with their Registration. Subsequently, personal data will be handled according to the User's instructions and applicable legal regulations, especially Act No. 499/2004 Coll., on Archiving and Record Management.
7. Unless the User chooses otherwise, they agree to the processing of personal data also for the purpose of sending information and commercial communications, including from third parties.
8. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9. The User confirms that the provided personal data are accurate and that they have been informed that the provision of personal data is voluntary.
10. If the User believes that the Provider processes their personal data in violation of the law, they may request the Provider for an explanation or demand the removal of the unlawful condition.
11. If the User requests information about the processing of their personal data, the Provider is obliged to provide this information. The Provider has the right to demand reasonable compensation for providing the information according to the previous sentence, not exceeding the costs necessary to provide the information.

Article VII.
Final Provisions

1. The GTC and rights and obligations arising from the License or the use of the Application are governed by the legal system of the Czech Republic.
2. The GTC are binding from the date of their publication on the Provider's website https://www.lamax-electronics.com/terms-of-use. For the User, the GTC are effective from the moment of Registration or from the beginning of the use of the Application, whichever occurs first.
3. The Provider is entitled to change the GTC unilaterally at any time by notifying the User of the new GTC. Access to the Provider's services and the use of the Application after the publication of changes signify the User's acceptance of the amended GTC.
4. The User agrees that the Provider may assign or transfer its rights and obligations under the GTC, as well as from the License or use of the Application, in whole or in part to a third party.

In Prague, dated 15.7.2024