GENERAL TERMS AND CONDITIONS — AIBILITY.CZ

INTRODUCTORY PROVISIONS

  1. Information about the Provider
  • Business name: Aibility s.r.o.
  • Registered office: Drobného 555/49, Ponava, 602 00 Brno, Czech Republic
  • Company ID (IČO): 10684395
  • Registered in the Commercial Register: Regional Court in Brno, file no. C 122203

The company Aibility s.r.o. (hereinafter referred to as the "Provider") operates the website www.aibility.cz (hereinafter referred to as the "Website") and through the Website offers and provides services and digital content, particularly in the field of education and practical use of artificial intelligence.

  1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the rights and obligations between the Provider and any person who orders services or digital content from the Provider (hereinafter referred to as the "Customer").
  1. The Customer may be a consumer (a natural person acting outside the scope of their business activity or profession) or a business entity. If the Customer is a consumer, Annex 1 (Consumer Provisions) shall also apply in addition to these GTC; in the event of a conflict, the consumer annexes shall prevail.
  1. By submitting an order, the Customer confirms that they have read and understood the GTC, agree with them, and consider them comprehensible. The GTC form an integral part of the contract concluded between the Provider and the Customer (hereinafter referred to as the "Contract").
  1. Provisions of an order or an offer accepted by the Customer that deviate from these GTC shall take precedence. Any general terms and conditions or other similar documents of the Customer shall not apply unless the Provider and the Customer expressly agree to their application.
  1. For the purposes of these GTC, the following definitions apply:
  1. "Services" means in particular webinars, workshops, training sessions, AI Edustream subscriptions, consultations and analyses, and other services defined in Article 3 or provided by the Provider.
  1. "Digital Content" means in particular webinar recordings, video/article materials, training materials, and other content provided online.
  1. "Event" means a live webinar, workshop, training session, hackathon, or other event.
  1. "Subscription" means a recurring paid service (typically AI Edustream).
  1. "Community" means the Circle discussion space associated with AI Edustream, subject to the rules set out in Annex 2.

ORDER AND CONCLUSION OF THE CONTRACT

  1. An order constitutes the Customer's proposal to conclude a Contract for the provision of Services or access to Digital Content under these GTC. An order may be placed in particular through the Website (order form / checkout) or on the basis of an individual offer issued by the Provider. In the case of an order placed through the Website, the order is created at the moment the Customer clicks the button designated to complete the order. Until that moment, the Customer may modify the order, in particular change the selected service, details, or chosen payment method, if the Website allows it.
  1. The Contract is concluded at the moment the Provider confirms the order, typically by sending a confirmation to the Customer's email address provided in the order or by confirmation in the system. The order confirmation is sent to the email address provided by the Customer; the Customer is obliged to verify the accuracy of the information provided. The Provider reserves the right not to confirm an order, in particular in the event of unavailability of the service, an obvious error in the price or description of the service, or where it is not possible to reasonably verify the Customer's identity or accept payment.
  1. After the conclusion of the Contract, modifications are only possible by agreement between the Provider and the Customer, or under the conditions set out in these GTC or applicable law. Unless otherwise provided in these GTC, the Customer is not entitled to unilaterally cancel an order or demand a refund; this does not affect consumer rights under Annex 1. The Provider is entitled to withdraw from the Contract even after confirming the order, in particular in the event of unavailability of the service or an obvious error in the price or description; in such a case, the Provider shall inform the Customer without undue delay and, where applicable, refund any payments already received for services not provided.
  1. The Contract may be concluded on the basis of an individual offer by the Provider. In such a case, the Customer first requests the service (e.g., by email or form), the Provider may send an offer specifying in particular the scope, deadlines, price, any required cooperation, and payment terms, and the Contract is concluded upon the Customer's acceptance of the offer without modifications. Acceptance may take place in particular by email confirmation, signature, or payment of the agreed deposit; if the Customer accepts the offer with reservations or modifications, the Contract is concluded only at the moment the Provider expressly approves such changes.
  1. Communication between the Provider and the Customer and the delivery of information and materials takes place primarily electronically, in particular via email, user account, or the platform used for providing the Services. The Customer acknowledges that certain information (e.g., access credentials, confirmations, Event instructions) may be delivered exclusively by electronic means.
  1. The Customer is obliged to provide truthful and complete information in the order or inquiry, in particular billing details, contact email, and contact person; for corporate training or multi-user access, also participant details where required. The Provider shall not be liable for damage or failure to perform caused by the Customer providing incorrect or incomplete information.
  1. The Provider is entitled to refuse an order or decline to conclude a Contract, in particular where it is not possible to verify the Customer's identity, accept payment, or where the Customer repeatedly or seriously breaches the GTC or Community Rules. The Provider is further entitled to reasonably restrict the provision of Services where necessary to protect the rights of the Provider or third parties.
  1. The Provider makes reasonable efforts to ensure the availability of the Website and ordering functions; however, exceptional outages (e.g., due to maintenance, force majeure, third-party service outages, or cyber attacks) cannot be entirely prevented. In the event of such outages, the Provider shall not be liable for failure to maintain uninterrupted Website availability, provided that consumer rights or the Provider's liability under already concluded Contracts are not affected.

SERVICES

  1. The Provider provides in particular:
  1. Webinars (live online, optionally with recording),
  1. Live workshops / training sessions (including full-day corporate training),
  1. AI Edustream Subscription (access to webinars, their recordings, and the Community),
  1. Consulting services and analyses (individual consultations, AI opportunity analysis, process and strategy analysis),
  1. The digital consultant "Aimee" is subject to separate Aimee terms and conditions published at https://aimee.coach/terms-of-service; these GTC cover other Services.
  1. Access and Delivery
  1. Digital content and access are generally delivered electronically (email with link/access, access to the members' area, access to the platform).
  1. Unless otherwise stated for a specific Service, the following applies:
  1. for products paid online (typically webinars, Subscriptions), access is granted upon receipt of payment,
  1. for Events with a fixed date, access (link) is sent within a reasonable time before the Event; the recording is made available after the Event if it is included in the service,
  1. for custom engagements (training, analyses, consultations), deadlines and delivery methods are governed by the agreement in the offer / order.
  1. The duration of access to Digital Content is stated for the specific product; if not stated, it shall be 24 months from the date of access provision.
  1. "Access provision" means the moment when the Provider sends access credentials/link or otherwise enables the Customer's access (e.g., by activation in the account), even if the Customer does not actually use the access.
  1. Technical Requirements and Cooperation
  1. Minimum technical requirements for using the Services are stated on the Website. Generally, a current web browser in a supported version and a stable internet connection are required. Older software or hardware may be capable of using the Services; however, the Provider is not liable for availability and performance of the Services in such an environment.
  1. The Provider may perform necessary system maintenance; short-term unavailability for such reasons does not constitute a defect.
  1. Changes to Content and Service Delivery
  1. The Provider is entitled, for organisational or professional reasons, to change the instructor, moderator, or programme of an Event, or to make reasonable modifications to the content and structure of Services, without substantially diminishing their character or scope. The Customer shall be informed of substantial changes to an Event without undue delay; in such a case, the Provider may offer an alternative date or other reasonable solution.
  1. Specific Rules for Selected Services
  1. Webinars
  1. A webinar may be live and may have a recording; the scope is stated in the service description.
  1. The Provider may establish participation rules (e.g., prohibition of recording, rules for questions).
  1. If a recording is included, it shall be made available after the webinar for the period specified in Art. 3.3.3.
  1. A webinar is generally made available via streaming / online access in the members' area. Unless expressly stated otherwise, the Customer and users are not permitted to download the Digital Content; the authorised form of use is viewing / playback only within the Provider's Website environment.
  1. For webinars and other Events with a fixed date, the Customer is entitled to send a substitute participant, provided they notify the Provider by email no later than 24 hours before the start of the Event.
  1. Unless otherwise stated, the Provider does not offer the option to cancel participation in a webinar or refund the price in case of non-attendance.
  1. It is prohibited to screen, share with other persons, or otherwise communicate webinars to the public. The purchased participation applies to 1 person.
  1. Live workshops / training sessions (online and in-person)
  1. Details (location, time, agenda, number of participants) are stated in the product description or offer.
  1. For corporate training, cooperation may be required (brief, objectives, materials, attendance of key personnel).
  1. If in-person training is arranged outside the Provider's registered office, travel costs may be charged as per the offer.
  1. In-person events are subject, mutatis mutandis, to the conditions applicable to webinars.
  1. AI Edustream Subscription
  1. The Subscription includes access to designated Digital Content and the Community as specified in the current offer.
  1. Access is personal (or for the agreed number of users in B2B) and must not be shared with unauthorised persons.
  1. The Community is subject to the Community Rules (Annex 2). The Provider is entitled to moderate and intervene in cases of rule violations.
  1. Consulting services and analyses
  1. Consultations take place at the agreed time (online/in-person).
  1. Deadlines depend on the Customer's cooperation (provision of materials, interviews, access).
  1. Deliverables (recommendations, minutes, materials) are provided only to the extent agreed in the order/offer.
  1. A change of scope after acceptance may result in a change of price/deadline; the Provider shall propose a change order.

PRICE AND PAYMENT TERMS

  1. Prices are stated on the Website or in the Provider's offer. The Provider is entitled to change prices at any time; however, changes shall only apply to orders submitted after the publication of the change. The price charged to the Customer is the price stated at the time of order submission (or the price agreed in the offer), taking into account any discounts valid at that time; this price is also displayed in the order confirmation. The Provider reserves the right to correct typographical errors or obvious inaccuracies on the Website (in particular in prices or service descriptions) and, in the event that an order was placed on the basis of such an obvious error, to decline to confirm the order or to withdraw from the Contract.
  1. Unless otherwise stated for a specific service, prices are quoted exclusive of VAT, and VAT shall be charged in accordance with applicable law. All payments must be made without any deductions, set-offs, or similar charges on the Customer's side (e.g., bank fees); if the Customer is required to make a statutory deduction (e.g., withholding tax), the Customer shall pay the Provider such amount as to ensure the Provider receives the full agreed price, unless expressly agreed otherwise between the parties.
  1. Unless otherwise agreed, payment is made online via a payment gateway. The Provider and the Customer may also agree on payment by bank transfer or on the basis of an invoice, particularly for custom engagements. Unless expressly agreed otherwise, the price is payable before the commencement of performance or before access to Digital Content is granted. The price is deemed paid at the moment the relevant amount is credited to the Provider's account.
  1. For Subscriptions, the price is charged on a recurring basis at the interval chosen by the Customer (typically monthly or annually), and the Subscription is automatically renewed for a further period of the same length upon expiry of the relevant subscription period. By submitting a Subscription order, the Customer expressly consents to recurring billing and to the selected payment method being used repeatedly for automatic renewal payments. The Customer is entitled to cancel automatic renewal at any time in the administration panel (user account) on the Website; cancellation shall take effect such that the Subscription will not be renewed for the next period, while access to the Subscription continues until the end of the already paid subscription period. Non-payment of a recurring payment may result in temporary restriction or suspension of access to the Subscription until payment is made; this is without prejudice to the Provider's right to assert further claims under applicable law or the Contract.
  1. For custom engagements (in particular corporate training, workshops, and analyses), the Provider is entitled to require an advance payment; the amount of the advance, due date, and any balance payments shall be stated in the offer or order. Unless otherwise agreed, the Provider is not obliged to commence performance before the agreed advance payment or price has been paid.
  1. A tax document (invoice) may be issued in electronic form and sent to the Customer's email address, or made available in the user account. The Customer acknowledges that after submitting an order, it may not be possible to change billing details, in particular if the document has already been issued or performance has commenced; however, the Provider may accommodate changes where permitted by accounting and tax regulations and internal processes.
  1. If the Provider receives a chargeback notification (a procedure whereby the payment card holder or the Customer, through their bank or payment service provider, disputes, refuses, or reverses a payment), the Provider is entitled to, without undue delay, suspend order processing, restrict the provision of Services or access to Digital Content, or withdraw from the Contract if the nature of the matter justifies it. An unauthorised chargeback is considered a breach of payment obligations; the Provider is entitled to contest it and, in the event of reasonable suspicion of abuse, to restrict the Customer's future orders.
  1. If the Customer is in default of payment, the Provider is entitled to charge default interest at the statutory rate and to claim reimbursement of reasonably incurred costs associated with enforcement (e.g., reminders, legal representation costs). In B2B relationships, the Provider may also enforce a contractual penalty, if agreed in the order or offer, and is entitled to reasonably restrict or suspend the provision of Services until the debt is fully paid.

CLAIMS AND LIABILITY

  1. The provisions of this article apply to relationships with business Customers (B2B) and do not limit consumer rights arising from Annex 1 (Consumer Provisions).
  1. Unless expressly agreed otherwise between the Provider and the Customer, the Customer shall not be entitled to a refund of the price already paid after Digital Content has been made accessible or after the performance of a Service has commenced.
  1. The Provider does not provide any warranties or guarantees beyond those required by law, and in particular does not guarantee that the Services or Digital Content will be continuously available or available without short-term interruptions. The Provider makes reasonable efforts to ensure operations; however, the Customer acknowledges that restrictions or outages may occur, particularly due to maintenance, updates, third-party outages (e.g., platform providers), or circumstances beyond the Provider's control.
  1. The Customer is obliged to submit a claim without undue delay after discovering the defect, by email to podpora@aibility.cz. The claim must include identification of the Customer, a description of the defect, designation of the order, and the requested method of resolution; the Provider shall resolve the claim within a reasonable period and, in more complex cases, may require the Customer's cooperation (e.g., description of digital environment, screenshots). A defect shall not be deemed to include temporary unavailability caused by maintenance, limitations on the part of third parties (platform), or issues on the Customer's side relating to equipment, settings, or connection.
  1. To the extent permitted by law, the Provider's liability for lost profits and other indirect, consequential, or non-pecuniary damages is excluded. The Provider's total liability for damage arising in connection with the Contract is limited to the amount of the price paid by the Customer for the relevant Service or Digital Content; for recurring services (in particular Subscriptions), it is limited to the total of payments made in the last 6 months prior to the occurrence of the damage. This limitation shall not apply to damage caused intentionally or through gross negligence, nor in cases where a limitation of liability is not permitted by law.

INTELLECTUAL PROPERTY AND LICENCE

  1. All Digital Content, materials, methodologies, supporting documents, presentations, texts, video recordings, graphic elements, know-how, and other outputs provided by the Provider in connection with the Services (hereinafter referred to as "Materials") are protected by intellectual property legislation, in particular copyright law.
  1. The Customer acknowledges and agrees that all intellectual property rights to the Materials belong exclusively to the Provider or its licensors. By concluding the Contract or by receiving the Service, the Customer does not acquire any share in the Provider's or its licensors' intellectual property rights; the Customer only acquires the right to use the Materials within the scope of the licence granted under this article.
  1. The Provider grants the Customer a non-exclusive, non-transferable, and time-limited licence to use the Materials and Digital Content, exclusively for the Customer's internal purposes (or for authorised participants on the Customer's side) and only to the extent corresponding to the ordered Service and the duration of access. Unless expressly agreed otherwise between the parties, the licence does not include the right to further distribute or make the Materials available to third parties.
  1. The Customer undertakes in particular not to copy, distribute, sell, publicly communicate, or otherwise publish the Materials or Digital Content, nor to allow access to them by unauthorised persons. The Customer further may not make or share recordings of Events unless the Provider has given prior express consent.
  1. The Customer is responsible for the legality and authorisation of use of all materials, data, documents, texts, images, or other content that they provide to the Provider. The Customer warrants that the materials do not infringe the rights of third parties and that the Customer holds all necessary authorisations for their use. Where necessary for the performance of the Contract, the Customer grants the Provider a non-exclusive and royalty-free licence to use such materials to the extent necessary for providing the Service for the duration of the Contract. If the Customer breaches these obligations, the Provider is entitled to request remediation and take reasonable measures, including removal of the materials from the systems used.
  1. In the event of a breach of obligations under this article (in particular sharing of access, unauthorised distribution of content, or making and sharing of recordings), the Provider is entitled to temporarily suspend or terminate access to the Digital Content or Services and to take reasonable technical measures to prevent further infringement. In such a case, the Customer shall not be entitled to compensation.

COMMUNITY, REFERENCES, AND PERSONAL DATA PROTECTION

  1. The Provider may, in connection with the provision of Services, make recordings of Events (audio/video/screen) and retain text inputs (questions, chat), in particular for the purposes of making recordings available, internal quality control, and further education.
  1. If a recording is to be made available to other users (e.g., in a library), the Provider shall take reasonable steps to protect participants' privacy (e.g., the option to turn off the camera, change the displayed name, moderation of questions). The Customer acknowledges that active participation may result in their contribution being captured.
  1. The Provider may use anonymised or aggregated insights from questions and discussions for the improvement of content and services.
  1. The Provider may cite the Customer's business name as a reference and describe the general scope of services provided, unless otherwise agreed between the parties or the Customer expressly excludes this option by email.
  1. The Provider processes personal data in accordance with the GDPR and applicable law. Details are set out in the Privacy Policy available on the Website.

FINAL PROVISIONS

  1. Legal relationships arising from or in connection with the Contract shall be governed by the laws of the Czech Republic. The contracting parties undertake to resolve any disputes primarily through amicable means. If amicable resolution is not achieved, disputes between the Provider and a business Customer shall be resolved by the general courts of the Czech Republic having subject-matter and territorial jurisdiction according to the Provider's registered office, unless mandatorily provided otherwise. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
  1. The contracting parties exclude the application of trade customs within the meaning of the Civil Code. The business Customer assumes the risk of a change of circumstances within the meaning of the Civil Code. Failure to exercise or delayed exercise of any right by the Provider or the Customer shall not be deemed a waiver of that right for the future and shall not establish a course of dealing between the parties.
  1. Force majeure shall include in particular unforeseeable and insurmountable circumstances beyond the reasonable control of a contracting party, including but not limited to natural disasters, embargoes, strikes (including scheduled ones), wars and armed conflicts, epidemics, power supply failures, widespread third-party service outages, cyber attacks (e.g., DDoS), failures of suppliers or subcontractors, as well as changes in legislation. If non-performance of obligations occurs due to force majeure, this shall not constitute a material breach of the Contract for the duration of the force majeure event; however, the affected party shall take reasonable steps to mitigate the impact and resume performance as soon as possible.
  1. The invalidity, ineffectiveness, apparent nature, or unenforceability of any provision of the GTC or the Contract shall not affect the validity and effectiveness of the remaining provisions. The contracting parties shall, without undue delay and no later than within 14 days of receipt of the other party's request, replace such provision with a valid and enforceable provision that is as close as possible in its commercial and legal purpose to the original intended purpose.
  1. The Provider is entitled to unilaterally amend the GTC. The amended GTC shall be published by the Provider on the Website; at that moment, the new version is deemed notified. Unless otherwise provided in this article, amendments to the GTC shall only apply to Contracts concluded after the effective date of the amendment (i.e., to orders submitted after publication of the new version, or to offers accepted after that date). For Subscriptions that are agreed for a longer period or are automatically renewed, the Provider is entitled to amend the GTC also for existing Subscriptions, but no earlier than 30 days after notification of the amendment. If the Customer does not agree with the amendment to the GTC applicable to the Subscription, the Customer is entitled to cancel automatic renewal of the Subscription (i.e., to "terminate" the Subscription for the next period) no later than at the effective date of the amendment; in such a case, the Subscription shall continue until the end of the already paid subscription period under the existing terms and shall not be renewed thereafter.
  1. The Customer is not entitled, without the Provider's prior written consent, to assign the Contract to a third party or to set off any of its claims against the Provider's claims. The Provider is entitled to assign the Contract as a whole or to transfer rights and obligations arising therefrom to any entity within its group (any entity forming part of its corporate group) or to a legal successor in the context of a transformation or transfer of a business enterprise.
  1. These GTC are valid and effective as of 1 March 2026.

Annex 1 — Consumer Provisions (B2C)

Introductory Provisions

This Annex 1 ("Consumer Provisions") shall apply only where the Customer is a consumer within the meaning of Section 419 of Act No. 89/2012 Coll., the Civil Code ("CC"), i.e., a natural person who, when concluding and performing the contract, does not act within the scope of their business activity or independent profession.

The provisions of this Annex 1 shall take precedence over the other provisions of the General Terms and Conditions to the extent that they would conflict with them or deviate from mandatory provisions of consumer protection legislation (in particular Sections 1810 et seq. of the CC and Act No. 634/1992 Coll., on Consumer Protection).

The Contract is generally concluded as a distance contract (remotely) via the web interface / electronic communication.

For the purposes of this Annex 1, the terms "digital content" and "digital service" shall be interpreted in accordance with Section 2389a of the CC. These refer in particular to Services that constitute online content and services provided in digital form (e.g., platform access, subscription, online tools, video/articles, webinar recordings, etc.).

Pre-contractual Information

Before submitting an order, we provide the consumer with clear and comprehensible information within the meaning of Sections 1811 and 1820 of the CC, in particular in the user interface (checkout), in the product/service description, or in the order summary.

All contact details are stated in the header of these GTC.

The consumer acknowledges that specific parameters and technical requirements of the digital content/digital service (e.g., required internet connection, supported browsers, operating system, need for a third-party user account, etc.) are stated in the relevant offer. This information is decisive for assessing compatibility and for proper use.

Conclusion of the Contract and Access to Digital Content / Digital Service

The Contract is concluded at the moment the Provider confirms acceptance of the consumer's order (typically by email) or when access to the digital content/digital service or other service is granted, whichever occurs first, if such procedure is stated in the ordering process.

The digital content/digital service is made accessible to the consumer in the manner stated in the order (e.g., via user account, link sent by email, platform access). Unless otherwise agreed, access shall be granted without undue delay after payment of the price.

The Provider shall ensure that the consumer receives confirmation of the conclusion of the distance contract in text form (Section 1827(2) of the CC), containing at least a summary of the order and a link to the current version of the General Terms and Conditions.

Consumer's Right of Withdrawal

The consumer has the right to withdraw from the contract without giving a reason within 14 days of the conclusion of the contract (Section 1829(1) of the CC), unless one of the exceptions under Section 1837 of the CC applies.

To exercise the right of withdrawal, the consumer may use an unambiguous statement addressed to the Provider (e.g., email). The consumer may also use the model withdrawal form available in this Annex 1.

If the consumer withdraws, the Provider shall refund all payments received without undue delay, and no later than within 14 days of receipt of the withdrawal, using the same payment method as was used for the original transaction, unless the consumer agrees otherwise.

Digital content not supplied on a tangible medium and provision of services: The consumer acknowledges that the right of withdrawal shall be forfeited if performance (delivery of digital content) was commenced with the consumer's prior express consent before the expiry of the withdrawal period and the consumer was informed before the conclusion of the contract that such consent entails the loss of the right of withdrawal. Similarly, the consumer cannot withdraw from the provision of services if they have been fully performed, provided they were performed for consideration, performance commenced with the consumer's prior express consent, and the consumer was informed of the inability to withdraw from the contract.

If the consumer is provided with a digital service or digital content on an ongoing basis (e.g., subscription) and the consumer requested commencement of provision before the expiry of 14 days, the consumer's obligation to pay a proportionate part of the price for the period of performance up to withdrawal may apply, if required by law and if the consumer so requested.

Digital Content and Digital Services — Conformity, Updates, and Rights in Case of Defects

The Provider is liable to the consumer that the digital content/digital service, at the time of access provision and for the duration of the Provider's obligation, conforms with the contract.

Agreed requirements include in particular: description, type, and scope of performance, functions and performance, compatibility and interoperability, availability, continuity and security, and support and instructions as agreed.

Objective requirements include in particular: fitness for the usual purpose, usual properties and performance for digital content/digital services of the same type, reasonable security, and delivery of accessories and instructions that the consumer can reasonably expect.

Updates: The Provider does not provide the consumer with updates, except for any security updates necessary to maintain the conformity of the digital content/digital service for the period required by law. The consumer may be informed of the availability of updates via their user account or by email.

The Provider shall not be liable for a defect arising exclusively as a result of the consumer's failure to install an update, provided the consumer was duly notified of the availability of the update and the consequences of not installing it, and the update was provided to the consumer in a reasonable manner.

If the digital content/digital service is provided on a one-off basis, the Provider is liable for conformity at the time of access provision. If it is provided for a certain period, the Provider is liable for conformity throughout the entire period of provision.

The consumer may report a defect without undue delay after its discovery. Claims are to be submitted via the Provider's contact details stated in the General Terms and Conditions; the consumer shall describe the defect and how it manifests, and provide reasonable cooperation necessary for assessing the defect (e.g., information about device/browser, screenshot).

If the digital content/digital service is defective, the consumer has the right to have it brought into conformity, unless this is impossible or disproportionately costly. The Provider shall bring the performance into conformity within a reasonable time and without unnecessary inconvenience to the consumer.

The consumer may request a reasonable price reduction or withdraw from the contract if (i) the Provider has failed to bring the performance into conformity, (ii) the defect manifests repeatedly, (iii) the defect is material, or (iv) it is evident from the circumstances that the defect will not be remedied in time or without significant difficulties. Withdrawal is not possible if the defect is insignificant.

If the digital service is provided for a certain period, the Provider may modify the service only under the conditions stipulated by law and the contract, in particular if the modification is necessary to maintain conformity or for other agreed reasons, and the consumer shall be informed of the modification; if the modification negatively affects the consumer's use, the consumer may have statutory rights, including the right to terminate the contract.

Other Services — Rights in Case of Defects

For free Services, the consumer has no rights arising from defective performance, and the Provider does not provide any warranties for such services. For paid Services, the Provider warrants that they are free from defects, in particular that:

  • they have the properties agreed in the Contract, and if not expressly agreed, such properties as stated in the Service description, or such properties as may be reasonably expected given the nature of the Service,
  • they are suitable for the purposes stated by the Provider or for purposes usual for services of this type,
  • they correspond to the quality or workmanship of a sample, if the quality or workmanship was determined by reference to a sample,
  • they are of the appropriate scope, meet the requirements imposed on them by law, and are not encumbered by third-party rights.

Conversely, the Provider shall not be liable for third-party materials or services, nor if such third parties modify their products or services in a way that causes the Provider's Services to change, cease to function, or otherwise become defective.

If a paid Service has a defect, the consumer may report the defect and exercise rights from defective performance by sending a written claim to our email address, postal address, or by telephone. When exercising rights from defects, the consumer must choose how they wish the defect to be resolved; this choice cannot be changed without the Provider's consent. The exercise of rights from defective performance and claims are governed by Sections 1810 et seq., 1820 et seq., and 2099 et seq. of the CC and the Consumer Protection Act.

Material breach: If defective performance constitutes a material breach of the Contract, the consumer has the right to:

  1. removal of the defect by delivery of a new Service free from defects, or delivery of the missing part of the Service,
  1. removal of the defect by repair of the Service,
  1. a reasonable discount from the price of the Service,
  1. withdrawal from the Contract.

If the consumer chooses resolution under points a) or b) and the Provider fails to remedy the defect within a reasonable period or states that the defect will not be remedied in this manner at all, the consumer has the rights under points c) and d), even if not originally requested. This also applies if the defect is irreparable.

Non-material breach: If defective performance constitutes a non-material breach of the contract, the consumer has rights under points a) – c). However, if the Provider fails to remedy the defect in time or wrongfully refuses to remedy the defect, the consumer has the right to withdraw from the Contract. The consumer may also withdraw where they cannot properly use the Service due to a third occurrence of the defect after repair of the Service or in the case of a greater number of defects.

Within three days of receiving the claim, the Provider shall send the consumer confirmation to their email address that the claim has been received, when it was received, and the expected processing time. The claim shall be resolved without undue delay, but no later than within 30 days of its receipt, including notification of the resolution. The time limit may be extended by mutual agreement. If the time limit expires without resolution, the consumer may withdraw from the Contract or request a reasonable discount. The Provider shall issue written confirmation of the claim, stating the date on which it was submitted, the content of the claim, the requested method of resolution, and the contact details to which information about the resolution will be sent.

Out-of-Court Dispute Resolution and Other Provisions

The competent body for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz.

The Provider is not bound by any codes of conduct within the meaning of Section 1820(1)(n) of the CC.

MODEL WITHDRAWAL FORM

Addressee: Aibility s.r.o., Drobného 555/49, Ponava, 602 00 Brno, Czech Republic, Company ID (IČO): 10684395, Registered in the Commercial Register: Regional Court in Brno, file no. C 122203

I hereby declare that I withdraw from the contract:

Date of conclusion of the Contract:
Name and surname:
Address:
Email address:
Reason for withdrawal: I am exercising my right to withdraw from the distance contract within 14 days of the conclusion of the contract.

Date:

Signature:

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Annex 2 — Community Rules

Purpose and Basic Rules

The Community is intended for education and sharing of experiences related to the Provider's Services and Digital Content. The Customer (or any other authorised user on the Customer's side) is obliged to behave courteously, act with respect, and refrain from conduct that could disrupt the safe, factual, and professional environment of the Community.

User Content and Liability

A user may post texts, images, videos, links, and other materials ("User Content") in the Community. The user bears sole responsibility for User Content and, by posting it, represents that they have the right to post such content, that they can grant the licences described in these rules, and that the posting, publication, or further use of the User Content does not violate any laws or the rights of third parties, including intellectual property rights and personality rights.

User Content may be protected by copyright or other intellectual property rights. These rights remain with the users, and the Provider does not claim them. By posting User Content in the Community, the user grants the Provider a free, non-exclusive, worldwide, and perpetual licence to use the User Content to the extent necessary for the operation and functioning of the Community, including its display, storage, reproduction, and making it available to other Community users. The licence further includes the Provider's right to use User Content for marketing and promotional purposes (e.g., in marketing materials and on social media), to a reasonable extent; where appropriate given the nature of the content, the Provider shall use anonymisation or remove obvious personal data. The user acknowledges that the Provider is not obliged to use the User Content.

Prohibited Content and Prohibited Conduct

It is prohibited to post or share content in the Community that violates laws or these Rules, as well as content that is inappropriate, harmful, or threatening to others. In particular, the following is prohibited:

  • infringement of copyright and other intellectual property rights (e.g., uploading protected materials without the consent of the rights holder);
  • violation of personality rights, reputation, or privacy (e.g., publishing others' personal data without consent, defamation, unauthorised interference with privacy);
  • hateful, offensive, harassing, discriminatory, or otherwise demeaning content, including incitement to violence or hatred against persons or groups (e.g., on the basis of gender, ethnicity, nationality, language, religion, political views, age, sexual orientation, etc.);
  • terrorism, child sexual abuse material, racism, xenophobia, or other content that may constitute elements of criminal offences, including public support for terrorism or incitement to hatred;
  • pornographic or sexually explicit content and extremely vulgar language, if clearly inappropriate for the purpose of the Community;
  • harassment, threats, stalking, intimidation, or deliberate disruption of discussion;
  • unjustified or disturbing violent expressions without clear context, glorification of crime, or incitement to self-harm;
  • deceptive or unfair commercial practices, false advertising, impersonation, or dissemination of manifestly false information about products or services;
  • spam, unsolicited advertising, and aggressive selling;
  • promotion of prohibited or illegal products or services or their circumvention, or advertising of heavily regulated products in a manner contrary to law;
  • content contrary to a binding decision of a public authority, if the Provider is aware of such a decision and it relates to the relevant content;
  • support of cybercrime, in particular instructions or promotion of hacking, phishing, malware, or other unauthorised interference with systems;
  • sharing of access and content with unauthorised persons or other circumvention of access rules.

Provider's Position on User Content

The Provider is not liable for User Content posted in the Community by users and is not obliged to carry out prior review of the legality or appropriateness of content before its publication. However, the Provider may review content subsequently and is entitled to intervene if it discovers or reasonably suspects that User Content violates laws or these Rules.

The Provider is entitled to remove, hide, or restrict the availability of User Content, warn the user, temporarily restrict access to the Community, or permanently revoke access. In the event of a serious violation of the rules, repeated violations, or conduct that may cause harm to the Provider, users, or third parties, the Provider may terminate access to the Community without entitlement to compensation.

Notice and Action

Anyone who encounters content that they have reasonable grounds to suspect is unlawful or violates these rules (e.g., infringes copyright or spreads hatred) may inform the Provider at the email address podpora@aibility.cz. To expedite processing, it is advisable to provide as many details as possible, in particular (i) where the content is located (link / thread name / screenshot), (ii) why the content is problematic, (iii) contact details for possible clarification, and (iv) a statement that the notifier is acting in good faith and considers the information provided to be truthful. The Provider may confirm receipt of the notification (if contact details are provided) and shall carry out a reasonable assessment; if the content is manifestly unlawful or in conflict with these rules, the Provider may promptly remove or make it inaccessible and take reasonable measures against the user.

If the user disagrees with the Provider's decision regarding User Content or access to the Community (e.g., a post was removed), they may submit a complaint to podpora@aibility.cz without undue delay and no later than 6 months from the notification of the measure. The Provider shall review the complaint and may confirm, amend, or revoke the original decision, in particular if new relevant information is presented. If complaints are manifestly unfounded, repetitive, or submitted in bad faith, the Provider is entitled to reasonably limit or slow down their processing in order to prevent abuse of the system.