General Terms and Conditions

1. Introductory provisions

These General Terms and Conditions (hereinafter referred to as "Terms") govern the legal relations between Phottr s.r.o. (hereinafter referred to as "Provider") and the users of the PHOTTR mobile application (hereinafter referred to as "Application").

The Terms apply to the provision of services to end users through the App distributed through the Apple App Store and to services provided as part of integrations with e-commerce platforms.

2. Subject of service

PHOTTR app is a mobile application designed to capture and edit product photos using artificial intelligence technology, including the ability to export photos to integrated e-commerce platforms.

3. Contract conclusion and user registration

By using the application, the user confirms that he/she has read and agrees to these terms and conditions.

User registration is exclusively through Apple Sign-In or Google Sign-In.

By using the application, the user declares that he/she has legal capacity.

4. User rights and obligations

The user undertakes:

• not to use the App for illegal purposes, in particular to infringe the rights of third parties or to distribute prohibited content,
• ensure that it has the necessary rights to the content it uploads or processes to the app,
• not to reverse engineer, bypass technical measures or otherwise interfere with the operation of the application.

5. Rights and obligations of the provider

The Provider undertakes to strive for uninterrupted availability of the service, but does not guarantee error-free and uninterrupted operation of the application.

The Provider reserves the right to change, modify or discontinue the functions of the Application at any time without prior notice.

The provider is not responsible for the content uploaded by the user.

6. Price of services and payment terms

Prices include VAT.

The valid price list is available at https://www.phottr.com/cenik

The number of credits allocated for the amount paid may vary depending on the type of subscription and the current offer.

The Provider reserves the right to change the price and the number of credits provided for a given price at any time; the change is effective from the moment of publication in the App Store or the App.

7. Liability and limitation of liability

The Provider shall not be liable for damages caused by improper use of the application.

The Provider shall not be liable for indirect damages, lost profits, loss of data or other consequential damages.

The Provider is not liable for damages or delays caused by circumstances excluding liability (force majeure), such as network failures, hardware or software failures of third parties, natural events or acts of God.

8. Privacy Policy

The protection of users' personal data is governed by the Privacy Policy, available at https://www.phottr.com/privacypolicy, which is an integral part of these Terms.

The Provider processes personal data in accordance with the relevant legal regulations of the Czech Republic and the European Union, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 110/2019 Coll., on the processing of personal data.

9. Changes to the Terms and Conditions

The Provider is entitled to change these terms and conditions at any time.

The new wording is effective upon publication on the Provider's website for new users.

For existing users, material changes take effect 14 days after the date of their publication.

The Provider may inform the User of material changes via the App or other appropriate means.

10. Governing law and dispute resolution

Any disputes arising in connection with the use of the PHOTTR app or these terms and conditions shall be settled by arbitration in the Czech language under the laws of the Czech Republic.

This provision shall be without prejudice to the consumer's right to apply to the competent court under generally applicable law.

11. Terms and conditions for the use of Shoptet add-on PHOTTR

11.1 Definitions

Definition of basic terms:

• Add-on — solution through which it is possible to connect Shoptet with external services
• Product page — Supplement website — https://doplnky.shoptet.cz/phottr/
• Shoptet — Shoptet, a.s., with registered office at Dvořeckého 628/8, Břevnov, 169 00 Prague 6, ID No.: 28935675, registered at the Municipal Court in Prague under file number B 25395

11.2 Introductory provisions

On the basis of these Terms and Conditions, the Provider provides the User with the Supplement and all services related to it.

The Provider provides the Supplement to the User on its own account and responsibility. Shoptet is not the provider of the Supplement and is not responsible for the Supplement or its content.

The User hereby acknowledges and expressly agrees that Shoptet has no obligation to provide any support or maintenance services in relation to the Add-on and shall not be liable for the settlement of any claims of the User or any third party in relation to the Provider and/or the Add-on operated by the Provider, whether arising from liability for defects, damages or breach of legal regulations, in particular in the field of personal data processing or other rights.

11.3 License Agreement

The Provider hereby grants the User a non-exclusive license (authorization) to use the Add-on.

11.4 Operation parameters

The Provider undertakes to provide the Supplement in such a way that it is available via the Internet at least 99% of the time in each calendar month.

A Supplement is deemed to be available if it can be used properly, i.e. without any difficulties, malfunctions or defects, for the purpose stated on its Product Page. The period of time during which the standard lockouts and shutdowns under the following paragraph last shall not be included in the total time for which the extent of availability is assessed.

The Provider is entitled to perform outages of the Supplement between 02:00 and 05:00. These outages may be carried out for a maximum of 8 hours per month. The Provider is obliged to inform the User of each planned outage at least 3 days in advance.

11.5 Support and maintenance

The Provider undertakes to provide the User with technical support by telephone and e-mail. Contact details are provided on the Product page of the Add-on.

The Provider shall respond to any inquiry sent by the User within 24 hours of receipt of such inquiry, through the communication channel through which the inquiry was made.

The Provider further undertakes to ensure regular maintenance and updating of the Add-on, including security updates, ensuring compatibility with current versions of the Shoptet API and iOS, optimizing performance and fixing detected bugs, and performing activities aimed at detecting defects in the Add-on. The Provider undertakes to rectify any detected defects within a period of time appropriate to their severity.

11.6 Liability

All liability for defects in the Supplement shall be borne solely by the Provider.

The Provider shall also be liable for any damage or other injury resulting from a breach of its obligations arising from the provision of the Supplement to the User or from any contract concluded between the Provider and the User regarding the Supplement.

The User acknowledges that Shoptet shall not be liable for any legal or factual defects of the Add-on, nor shall it be liable for any damage or other harm resulting from any breach of the Provider's obligations under the Agreement or these Terms and Conditions. Shoptet shall not be liable for the level of availability of the Add-on, its current or future compatibility or for the conformity of the description of the Add-on's functionalities with the actual functionality of the Add-on.

11.7 Contact details

For the purpose of exercising rights arising from defective performance, the Provider provides the following contact details:

E-mail (shop): sales@phottr.com

E-mail (Law & GDPR): legal@phottr.com