Terms of use for “Unicorn Way”

Last Updated: August 12, 2022

This user agreement (hereinafter referred to as the Agreement), in accordance with the provisions of the current legislation of the Czech Republic , is a public offer of Global Venture Partners s.r.o., registration number 08241473, legal address: V zářezu 902/8, Jinonice , 158 00 Praha 5, recorded in the Municipal Court of Prague , Case No. C314728 hereinafter referred to as the "Copyright Holder" and is addressed to any capable individual or legal entity (hereinafter referred to as the User) on the terms and conditions set forth below. You must agree to and accept all of the Terms, or you don’t have the right to use the Services in any manner. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and Copyright Dispute Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), including without limitation terms from our third party data providers.

Terms and definitions used in this Agreement:

Copyright Holder - Global Venture Partners s.r.o., registration number 08241473, legal address: V zářezu 902/8, Jinonice , 158 00 Praha 5, recorded in the Municipal Court of Prague , Case No. C314728/

Service - mobile application " Unicorn Way " for smartphones, tablets and other mobile devices, providing the user of the service with the opportunity. The mobile application is available for download in the App Store , Google play .

User - an individual who has reached the age of 18 years and older (* when using the Service by persons residing in the territory of the European Union, the use of the Service by persons who have reached the age of 16 years is allowed), who independently performed the Acceptance of this Agreement and has access to the Service or Application via the Internet. In cases where the resource is used by minors, minors, persons with limited legal capacity, incapacitated persons, it is assumed that these persons have received the consent of their

parents, adoptive parents or guardians to conclude the Agreement.

Minors, minors, persons with limited legal capacity, incapacitated persons are not Users and are not entitled to act in relations between the Parties.

Harm (including losses) caused to the service, to third parties by the persons specified in this paragraph, is subject to compensation in full by the parents, adoptive parents or guardians of such persons.

Registered User - a person who has passed the registration procedure on the Service by entering the necessary identifying information.

When registering on the Service, the User is obliged to provide the necessary reliable and up-to-date information for the formation of the User's personal account.

The user is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Republic of the Czech Republic of the information provided during registration (including graphics) and its purity from claims of third parties.

The user is solely responsible for keeping the login and password secret from third parties. The Copyright Holder does not bear any responsibility in case of violation of the User's rights by third parties who have received unauthorized access to his personal account. Users are obliged to immediately inform the Copyright Holder if there is reason to believe that the User's account has been misused by a third party. Users are responsible for all activities that occur under their account.

Device - a technical device that allows the User to access the Service and view Content via the network (mobile phone, smartphone, etc.).

Content - a collection of materials owned by the Copyright Holder and third parties.

Personal account - the personal section of the User in the Service.

  1. General terms

    1. The use of services, materials, and other components of the Service is governed by the

      norms of the current legislation of the Czech Republic and this Agreement.

    2. All relationships between the Copyright Holder and Users are governed by this Agreement. If certain issues are not regulated by this Agreement, the relationship between the Copyright Holder and the Users of the Service (hereinafter referred to as the Parties) is governed by the norms of the current legislation of the Czech Republic.

    3. When regulating the relations of the parties, including relations for the settlement of disputes, regardless of the citizenship and country of residence of any of the parties, the applicable law is the substantive and procedural law of the Czech Republic. Any reference to the law in this Agreement implies a reference to the law of the Czech Republic.

    4. This Agreement, in accordance with the current legislation of the Czech Republic, is a public irrevocable offer. Use and access to the User Service is carried out exclusively on the terms of this Agreement. Full and unconditional acceptance of this public offer is any use by the User of the Service, the functionality of the Service and / or the corresponding Application for the User's Device, registration on the Service.

    5. The Copyright Holder has the right at any time to unilaterally change and / or supplement the terms of this Agreement. Such changes and / or additions come into force from the moment a new version of the Agreement is posted on the Service in the relevant section. If the User does not agree with the changes made, he is obliged to refuse to use and access the Service, stop using the functionality, materials, and other components of the Service. Continued use of the Service by the User means acceptance of the Agreement and changes and / or additions made to this Agreement.

    6. A user is any person who accesses resources via the Internet. The user confirms that he is an adult capable person.

    7. When accessing resources via the Internet, the User undertakes to comply with this Agreement and other rules for using the Service established by the Copyright Holder. In case of disagreement with one or more requirements or rules, the User has the right to stop using the Service and/or the information posted on it at any time.

    8. Users are provided with free access to information materials posted on the Service. Users are obliged to refrain from actions that can harm the content, software and hardware of the Service, restrict third parties' access to the Service, from attempts in one way or another to change the composition of the content and software hosted on the Service.

    9. The User undertakes to independently familiarize himself with the terms of this Agreement.

    10. The date of conclusion of this Agreement is the date when the User starts using the Service (opening any page of the Service and/or Application for the Device), regardless of whether the User has registered on the Service. This Agreement is valid indefinitely until the User completely refuses to use the Service.

    11. The User undertakes to use the Service only for personal non-commercial purposes, to comply with the terms of this Agreement, not to violate the rights and legitimate interests of the Copyright Holder and / or other Content Copyright Holders who are the Partners of the Copyright Holder.

    12. The User accepts this Agreement voluntarily, while:

      • fully acquainted with the terms of the Agreement,

      • understands the meaning and consequences of their actions in relation to the conclusion and execution of the Agreement;

      • has all the rights and powers necessary for the conclusion and execution of the Agreement;

      • the use of resources will be carried out in a manner that will not violate the rights of other users and (or) third parties.

  2. Subject of the agreement

    1. The Copyright Holder provides the User with the opportunity to use the Service on the terms of this Agreement.

    2. All results of intellectual activity that make up the Service (visual/design elements,

      graphics, illustrations, logos, trademarks, computer programs, etc.) posted and used on the Service, as well as the Service itself, are the intellectual property of the Copyright Holder and / or are used by the Copyright Holder on the basis of an appropriate agreement with the copyright holder (right holders). All results of intellectual activity that make up the Content posted on the Service are the intellectual property of the Copyright Holder.

    3. All results of intellectual activity that make up the Service and posted on the Service are protected by the intellectual property law of the Republic of the Czech Republic , as well as relevant international legal conventions and treaties. Any use of the results of intellectual activity posted on the Service without the proper permission of the Service Copyright Holder or the rightful owner is illegal and may give rise to legal proceedings and bring violators to civil, administrative and criminal liability in accordance with the legislation of the Czech Republic.

    4. Access to the results of intellectual activity posted on the Service is provided by the Copyright Holder solely for personal non-commercial use by the User for the purpose of viewing exclusively through the Service, without the right to reproduce (including copying/ downloading) these results of intellectual activity into the memory of the Users’ electronic devices, except in cases directly provided for by this Agreement, as well as without the right to otherwise use the specified results of intellectual activity not specified in this Agreement, including their sale, modification, distribution in whole or in part, etc.

    5. Any other use of the results of intellectual activity by the User, not expressly provided for in this Agreement, is a violation of this Agreement and intellectual property rights protected by law, is subject to prosecution under the law and may result in punishment under the legislation applicable in the territory of the Czech Republic.

    6. The User does not have the right to reproduce, repeat, copy, sell, resell, and also use in any way for any commercial purposes the Service and (or) any part of the content of the Service without the consent of the Copyright Holder, or authorized holders of the results of intellectual activity posted on the Service.

    7. The User understands and agrees that the Copyright Holder may delete and / or move

      (without warning) any results of intellectual activity posted on the Service (including Content), at his sole discretion, at any time, for any reason or for no reason, including without any restrictions on the movement and / or deletion of the results of intellectual activity.

    8. The User undertakes not to take actions aimed at bypassing, hacking, modifying and / or other actions against the technical system for protecting the Content. Any actions aimed at circumventing the technical system of protection of the Content in order to gain access to view the Content are a violation of this Agreement, the User independently bears legal and other liability provided for by the applicable current legislation of the Czech Republic for such actions.

    9. By registering on the Service, the User agrees to receive informational messages at the e-mail and/or phone number specified during registration.

  3. Notice to Apple App Users

    1. Both you and Global Venture Partners s.r.o. acknowledge that the Terms are concluded between you and Global Venture Partners s.r.o. only, and not with Apple, and that Apple is not responsible for the Application or the Content;

    2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, nonsublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

    3. You will only use the Application in connection with an Apple device that you own or control;

    4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

    5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

    6. You acknowledge and agree that Global Venture Partners s.r.o., and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;n;

    7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Global Venture Partners s.r.o., and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

    8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

    9. Both you and Global Venture Partners s.r.o. acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

    10. Both you and Global Venture Partners s.r.o. acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

    3.1 In-App Purchases:

    1. When You make an In-App Purchase, payment will be charged to your Apple account at confirmation of the purchase.

    2. In-App Purchases may take the form of a subscription. Any unused portion of a free trial period (if offered) will be forfeited when You purchase a subscription (where applicable).

    3. In-App Purchases may take the form of an auto-renewable subscription. These subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Your Apple account will be charged for renewal within 24-hours prior to the end of the current subscription period. You may manage the subscriptions and turn off auto-renewal by going to your Apple account settings after purchase.

  4. Rights and obligations of the parties

    1. User rights:

      1. To fully use all the functionality provided by the Service, subject to the lawful use of the Service under the terms of this Agreement.

    2. User Responsibilities:

      1. Comply with the terms of this Agreement.

      2. The User agrees not to take actions that may be considered as violating legislation of the Czech Republic or international law, including the one in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Service and functionality Service in general.

      3. Refrain from taking actions aimed at destabilizing the operation of the Service, attempting unauthorized access to the Service, the results of intellectual activity posted on it, as well as from taking any other actions that violate the rights of the Copyright Holder and / or third parties.

      4. The User is responsible for the security of the login and password, and undertakes to take appropriate measures to ensure the safety of the Registered User's account and password, and is responsible for all actions performed on the Service under his account (login and password). The User is obliged to immediately notify the Copyright Holder of any cases of access to the Service by third parties under the User's account.

      5. The User bears full personal responsibility for the compliance of the ways in which he uses the information provided on the Service with the norms of international law or the legislation of the Czech Republic (including the norms of intellectual property law and information protection).

      6. The User is obliged to use the information received on the Service exclusively for legal and personal non-commercial purposes that do not contradict the legislation of the Czech Republic, moral principles and generally recognized values.

      7. The User is responsible to the Copyright Holder for compliance with the terms of this

        Agreement.

      8. The User agrees that he will reimburse the Copyright Holder for any losses incurred by the Copyright Holder in connection with the violation by the User of this Agreement and / or rights (including copyright, related, patent, information) of third parties.

      9. The user hereby confirms that he is legally capable and has reached the age of 18 (*in the territory of the European Union, the use of the application is allowed from the age of 16). An individual under the age of 18 undertakes to refrain from using the Service without the consent of parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the current legislation of the Czech Republic. Responsibility for violation of the terms of this clause of the Agreement by an individual under the age of 18 lies with parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the current legislation of the Czech Republic. The Copyright Holder is not responsible for the legality of the use of the Service and / or access to the Content and / or payment by the User under the age of 18.

    3. The user is prohibited from:

      1. Use of any device, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or monitor the content of the Service.

      2. Disrupt the proper functioning of the Service.

      3. In any way bypass the navigation structure of the Service to obtain or attempt to obtain any information, documents and / or materials and / or Content by any means that are not specifically provided by the functionality of this Service.

      4. Unauthorized access to the functions of the Service, any other systems or networks related to this Service, as well as to any features offered on the Service.

      5. Violate the security or authentication of the Service and/or the Device Application and/

        or any network associated with the Service.

      6. Perform a reverse lookup, track or attempt to track any information about any other User of the Service.

      7. Use the Service and its Content for any purpose prohibited by the laws of the Czech Republic, as well as incite any illegal activity or other activity that violates the rights of the Copyright Holder or other persons.

      8. Copy (reproduce) in any form and manner the computer programs and databases included in the Service, including any of their elements and Content, without obtaining the prior written consent of their owner.

      9. Open technology, emulate, decompile, disassemble, decrypt, and perform other similar actions with the Service.

      10. Create software products and/or services using the Service.

    4. Copyright Holder rights:

      1. Determine at your own discretion the composition of the Service, its structure and appearance, allow and restrict access to the Service in accordance with this Agreement and the legislation of the Czech Republic.

      2. Resolve issues related to the commercial use of the Service, in particular questions about the possibility of placing advertising on the Service, participating in affiliate programs, providing discounts, etc.

      3. The Copyright Holder has the right to take any actions that do not contradict the current legislation of the Czech Republic in order to prevent unauthorized access to the Service and / or Content, destabilize the operation of the Service and other actions that violate the rights and legitimate interests of the Copyright Holder and / or Content Rightholders.

      4. In case of violation by the User of this Agreement, suspend, restrict or terminate the access of such User to all or any of the sections of the Service unilaterally, as well as block the ability to use the Service (block authorization and / or IP addresses) for Users at any time, with prior or without notice, without being responsible for any harm that may be caused to the User by such an action (including terminating the Agreement in full by deleting the User's personal account from the Service).

      5. Involve any third parties in order to exercise the rights and obligations under the Agreement.

      6. Place advertising and / or other information in any section of the Service, interrupt the demonstration of Content with advertising information, to which the User gives his consent by accepting this Agreement.

      7. To set age restrictions when accessing the Content posted on the Service, intended for an audience of a certain age, this means that persons who have not reached the age specified by the Copyright Holder undertake to refrain from accessing or viewing such Content, of which the Copyright Holder may notify the User by indicating information signs on the Service products or through informational messages when the User tries to view Content intended for an audience of a certain age.

      8. The Copyright Holder has the right to inform the User from time to time about promotions carried out by the Service, service novelties and other issues related to the activities of the Service for its development and change. At the same time, the User has the right to refuse to receive such information at any time by clicking the appropriate link in the letter from the mailing list received at the email address. At the same time, in case of refusal to send mailings, the Copyright Holder has the right to send letters to the User’s e-mail address for the purpose of recovering the password for the Registered User’s access, letters with cash receipts for placing orders using the Service, messages about completed orders, changes in conditions and policies, other significant actions regarding the operation of the Service. The User cannot refuse to receive such messages, as these messages are necessary for interaction with the Copyright Holder.

      9. The Copyright Holder has the right at any time to unilaterally change and / or supplement the terms of this Agreement. Such changes and / or additions come into force from the moment a new version of the Agreement is posted on the Service in the relevant section. If the User does not agree with the changes made, he is obliged to refuse to use and access the Service, stop using the functionality, materials, and other components of the Service. Continued use of the Service by the User means acceptance of the Agreement and changes and / or additions made to this Agreement.

    5. Copyright Holder Responsibilities:

      1. Ensure the technical possibility for the User to obtain access to the Service, in the manner specified by this Agreement, in accordance with the restrictions established by this Agreement.

      2. To carry out current management of sections of the Service.

    6. When citing the materials of the Service, including copyrighted works, a link to the Service is required.

    7. The user is warned that the Service Copyright Holder is not responsible for visiting and using external resources, links to which may be contained on the Service.

    8. The User agrees that the Service Copyright Holder is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred losses or damages associated with any content of the Service, copyright registration and information about such registration, goods or services, available on or received through external Internet sites or resources or other contacts of the User that he entered using the information posted on the Service or links to external resources.

  5. Limitation of liability of the Copyright Holder

    1. Access to the Service is provided to the User in the form in which it exists, with all

      shortcomings, the Copyright Holder does not give guarantees or representations of any kind, both in relation to its use and functioning.

    2. The Copyright Holder does not guarantee the User's satisfaction from using the Service in accordance with the User's expectations and requirements for the functionality of the Service, filling the Service with Content and other components of the Service, uninterrupted and error-free operation of the Service, constant availability of the Service and / or any component of the Service.

    3. The User undertakes to report all identified errors and problems in the operation of the Service.

    4. The User understands and agrees that the Copyright Holder may delete or move (without notice) any results of intellectual activity posted on the Service (including Content), at its sole discretion, for any reason or no reason, including, without any limitation, moving or deleting the results of intellectual activity.

    5. The Copyright Holder is not responsible for any errors, omissions, interruptions, deletion, defects, delay in processing or transmission of data, failure of communication lines, theft, destruction or unauthorized access by third parties to the results of intellectual activity posted on the Service. The Copyright Holder is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email services or scripts due to technical reasons. Also, the Copyright Holder is not responsible for the compliance of the Service in its entirety or its parts (services) with the expectations of the Users, the error-free and uninterrupted operation of the Service, the termination of the User's access to the Service and the results of intellectual activity posted on the Service, the safety of the User's login and password, which provide access to certain services of the Service, losses incurred by Users for reasons related to technical failures of hardware or software.

    6. The Copyright Holder is not responsible for any damage to the User's or other person's electronic devices, mobile devices, any other equipment or software caused by or associated with the use of the Service.

    7. Under no circumstances the Copyright Holder shall be liable to the User or any third parties for any direct, indirect, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation, caused in connection with the use of the Service or the results of intellectual activity, posted on the Service.

    8. The Service may contain links to other Internet resources. The User acknowledges and agrees that the Copyright Holder does not control and is not responsible for the availability of these resources and their content, as well as for any consequences associated with the use of these resources. Any clicks on the links carried out by the User, the latter makes at his own peril and risk.

    9. The Copyright Holder undertakes not to use the User's data obtained during registration on the Service and / or in connection with the use of the Service for any mercenary purposes and guarantees non-disclosure of these data. It is not considered a violation of the terms of this paragraph that the Copyright Holder discloses information about the User at the request of state regulatory authorities, law enforcement agencies, in cases where disclosure of such information is the Copyright Holder obligation under the laws of the Czech Republic.

    10. The Copyright Holder is not responsible for possible loss or damage to data that may occur due to violation by the User of the provisions of this part of the Agreement.

    11. Company's Rights

    12. Global Venture Partners s.r.o. reserves the right to suspend the operation of the Services or any part or sections thereof at any time and no claims may be entertained against the Company in connection thereto.

  6. Final provisions

  • Arbitration

  • If a dispute arises in connection with these Terms, You agree to negotiate with Global Venture Partners s.r.o. to attempt to resolve it. If the dispute is not resolved through those negotiations, you agree to submit the dispute to the Arbitration Court at the Economic

    Chamber of the Czech Republic for final settlement. The venue of the arbitration shall be Singapore and the language of the arbitration shall be Czech.

      1. This Agreement and the relationship between the Copyright Holder and the User are governed and interpreted in accordance with the laws of the Czech Republic. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Czech Republic.

      2. If for one reason or another any of the terms of this Agreement are invalid or unenforceable, this does not affect the validity or enforceability of the remaining terms of the Agreement.

      3. The Parties agreed that all disputes arising from the relations of the Parties governed by this Agreement must be resolved in the competent court at the location of the Copyright Holder with the obligatory observance of the pre-trial claim dispute settlement procedure. The Parties understand and agree that the claim procedure for the settlement of disputes by the Parties related to technical problems in the operation of the Service, established by this clause of the Agreement, is mandatory when the Parties apply to the judicial authorities.

      4. The User can contact the Copyright Holder by sending a corresponding letter to the postal address: V zářezu 902/8, Jinonice , 158 00 Praha 5, or by email address: support@unicornway.vc