Terms and conditions for the provision of the glamino service

For the purposes of these Terms and Conditions for the Provision of the Glamino Service and their components (in particular, the Privacy Policy), the below terms have the following meaning:

“Affiliate Program” means a commission system under which a Partner who primarily promotes the Services through a special code/link may be eligible to receive Credits;

“Application” means an internet presentation at Glamino.com which is operated by the Operator and available online at www.glamino.com and which allows Users to use the Services, in particular, to conduct Communication among each other using the Device;

“Called User” means a User who has been asked by another User to communicate via Messages or Chat (i.e. someone to whom another User has “called” via the Application);

“Chat” means one-time Paid Communication among Users (i.e. between the User who asks the Called User for the commencement of the Communication, and who commences this communication with the Called User, and the Called User accepting the communication) through the Application, using the Device. Chat communication may be conducted through text, graphic (emoticons), image (photographs) or other messages according to the options specified in the Application, voice call (voice transmission) or video call (voice and image transmission);

“Civil Code” means Act No. 89/2012 Sb., the Civil Code, as amended;

“Commission” means a certain portion of Credits paid as remuneration to which the Operator is entitled, in particular, based on the Provision of: (i) Chat communication; (ii) Stream broadcasting; (ii) Gift; (iv) Post viewing; and/or (iv) communication via Messages;

“Communication” means collectively interaction between Users through Messages, Chat communication, broadcasting/watching Stream, creating/displaying Posts or through other options specified in the Application;

“Contract” means an innominate contract within the meaning of Section 1746 (2) of the Civil Code concluded between the Operator and the User, under which the Operator has undertaken to allow to the User to use the Services, and under which the User is entitled to use the Services and obliged to fulfil the obligations arising from the Contract and these Terms;

“Conversion Rate” means a certain amount in the specified currency (not only US Dollar) for which the User purchases Credit. Credit may be purchased in the form of price packages, where the Conversion Rate varies based on the selected package (i.e. when purchasing a price package with the highest number of Credits, the price per Credit converted by the Conversion Rate will be the lowest, and vice versa, when purchasing a price package with the lowest number of Credits, the price per Credit converted by the Conversion Rate will be the highest). The Application may allow purchasing Credits for another currency; if the purchase of Credits for another currency is allowed, the exchange rate of the currency will be determined by a third entity providing such exchange. The current Conversion Rate as of 2019/03/01 is: G4,100 for $189.90 (4349 CZK), G1,680 for $79.90 (1849 CZK), G520 for $24.90 (589 CZK), G100 for $4.90 (115 CZK);

“Copyright Act” means Act 121/2000 Sb., regulating the copyright, rights related to copyright, and amending other acts (the “Copyright Act”), as amended;

“Credit” means an electronic means of payment used in the Credit System under any name (e.g. Glamino), in particular, to pay for the use of Paid Services. At the same time, Credit means a unit of the Credit System electronic means of payment. The User may purchase Credit for a certain amount of money, as determined by the Conversion Rate in the Credit price list in the relevant section of the Application;

“Credit Account” means the account of the User maintained by the Operator in which Credits are deposited;

“Credit System” means a system under which any transactions between the User and the Operator or between Users are settled, in particular: (i) purchase of Credits for funds to the Credit Account according to the Conversion Rate; (ii) management of purchased Credits through the Credit Account; (iii) payment for Paid Services; (iv) transfer of Credits between Users; (v) payout of Credits to Users; (vi) payments to third parties; (vii) payout and settlement of Commission; (viii) conversion of Credits into funds; and/or (ix) payout of Credits to the User based on the Communication made;

“Device” means any device that can be used by the User to enter the Application and use the Services, for example a desktop, a laptop, a tablet or a smartphone;

“Free” refers to a Service for which no Credits have to be paid, however, the use of the Service may be subject to payments to third parties;

“Gift” means one-time provision of a certain number of Credits by one User to another User through the Credit System using the relevant option in the Application;

“Legally Competent Person” is an individual who has reached the age of eighteen (18) years and has become fully legally competent; if the individual is not a citizen of the Czech Republic, he/she must be fully legally competent in accordance with the law of the state in which he/she is a citizen, or in accordance with the law of the state which is applicable to the individual;

“Message” means Paid or Free Communication among Users through text, graphic (emoticons), image (photographs) or other messages in line with the possibilities listed in the Application, made through the Application (i.e. using relevant functionalities in the Application).

“Minimum Credit” means one (1) Credit unit (i.e. one (1) Credit);

“Operator” means Easy Digital Services s.r.o., ID No.: 07833253, with its registered office at Rybná 716/24, Staré Město, 110 00 Prague 1, entered in the Commercial Register maintained by the Municipal Court in Prague, file No. 308367, or another entity associated to the company providing Services notified to Users;

“Paid” means the Service the provision of which requires payment of a certain number of Credits or additional payments to third parties; and

“Partner” means a User who has entered into a Glamino Affiliate Agreement with the Operator and who is accepted by the Operator into the Affiliate Program;

“Policy” means the privacy policy which forms an integral part of these Terms and which is provided as a separate follow-up document here;

“Post” means a contribution of the User, usually placed on the User’s Profile, which may be accessed by other Users and may be Paid. The Post usually consists of text, graphic, image (photographs), audio-visual (video) or other content according to the options available in the Application;

“Profile” means the personal profile of the User in the Application. The Profile usually consists of: (i) a non-public part, including the Credit Account; and (ii) a public part accessible to other Users;

“Provision” or “Provide” means the creation, provision and meeting of technical, organisational, administrative, legal or other similar conditions based on which the Operator allows or mediates the use of a certain Service that is offered in the Application, and based on which the Users may use such Service;

“Registration” means a procedure of the User in which (i) the User enters only accurate personal information in the registration form which is a hypertext link to a set of questions that the User must answer to be able to conclude the Contract and use the Services, (ii) the fact that the User is a Legally Competent Person is verified, and (iii) the Contract is concluded;

“Services” mean Free or Paid Services provided or mediated by the Operator to Users through the Application, including in particular: (i) Provision of facilities and space in the Application and Provision of operations of the relevant functionality in the Application for the offering and supplying of Services to Users and for the use of Services by Users; (ii) Provision of Communication among Users, or mediation of opportunities to engage in Communication; (iii) provision of Paid or Free Services other than the Communication, if such Services are listed in the relevant section of the Application, and/or (iv) any performance that is provided based on these Terms, and which is explicitly stipulated in these Conditions or listed in the relevant section of the Application;

“Stream” means usually Paid live continuous broadcasting of audio-visual material (videos) from one User to one or more other Users who watch the broadcasting;

“Terms” mean these Terms and Conditions for the Provision of the Glamino Service in the relevant section of the Application, and these Terms form an integral part of the Contract. In particular, the Terms regulate (i) the relationship between the User and the Operator in the use of the Application and the use, provision and mediation of the Services, (ii) rules that have to be adhered to by the User when using the Services, in the Registration and when using the Application, (iii) rules that any visitor has to adhere to when using the Application, and (iv) the code of conduct in accordance with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on electronic commerce, regarding the purposes of minors and human dignity protection;

“User” means a Legally Competent Person who has completed the Registration and whose Registration has not been rejected or cancelled, and who has concluded the Contract and the Contract has not been terminated;

The Operator operates the Application in which it offers the use of Services to Users, provided or mediated by the Operator. The Users are authorised to use the Services through the Device and in line with these Terms.

As part of the provision of the Services, the Operator Provides for the mediation of the Communication. The provision, use, scope or content of the Communication are exclusively made, determined and created by the Users themselves, and the Users themselves are solely responsible for the provision, use, scope or content of the Communication, and the Operator is responsible for the provision, use, scope or content of the Communication. For this reason, the Operator particularly does not guarantee that: (i) the Called User will accept the commencement of Chat communication requested by another User or continue in commenced Chat communication with the User who has requested Chat communication; (ii) any User will respond to Messages of another User; (iii) any User will initiate or terminate Stream; and/or (iv) any User will create or publish a Post.

The Services are provided or mediated by the Operator for Free (e.g. Free communication via Messages, display of a Free Post) or they are Paid (e.g. the Chat communication, provision of a Gift); the information about whether it is a Free or Paid Service is provided in the relevant section of the Application or these Terms.

Chat communication is Paid. For the avoidance of doubt, the User who asks another User (Called User) to commence and make Chat communication and who initiates and conducts the Chat communication (i.e. “calls” another User – i.e. Called User – in the Application) is obliged to pay Credit for the initiation and conduct of the Chat communication and make potential payments to third parties; the Called User does not pay for the Chat communication (except for fees to third parties) and is entitled to payment of Credits (after deducting the Commission and payments to third parties) for the Chat communication made with another User.

The payment for the Chat communication with the Called User is made by the User to the Operator in the form of Credits, and the price for the initiation or one minute of Chat communication or individual messages is listed in the Application in the User Profile (i.e. Profile of the Called User). The number of Credits for Chat communication is unilaterally set by the User in the User Profile (i.e. Profile of the Called User), however, the number of Credits cannot be changed after the Chat communication is initiated. Each User agrees with the payment for Chat communication, i.e. with the number of Credits for initiation and/or individual messages or per one minute of Chat communication, and such agreement is explicitly provided by the User and the Called User upon the commencement of Chat communication.

Watching Stream broadcasting by the User is usually Paid. For the avoidance of doubt, the User who asks another User to provide access to Stream broadcasting (the possibility to watch Stream) is obliged to pay Credits and possible payments to third parties for watching the Stream broadcasting. The User who broadcasts Stream has no payment obligation (except for fees to third parties) and is entitled to payment of Credits (after deducting Commission and payments to third parties) for the period for which Stream was watched by another User (or Users).

The watching User pays for watching Stream broadcasted by another User to the Operator in the form of Credits, and the number of Credits per minute of Stream is provided in the Application in the User Profile (i.e. Profile of the User broadcasting Stream). The number of Credits per minute of watching Stream is unilaterally set by the User in the User Profile (i.e. Profile of the User broadcasting Stream), however, the number of Credits cannot be changed after Stream is initiated. Each User agrees with the payment for watching Stream, i.e. with the number of Credits per minute of watching Stream, and such agreement is explicitly provided by the User who is watching the Stream and the User who is broadcasting the Stream upon the commencement of Stream broadcasting.

The provision of a Gift is Paid. The payment for the provision of a Gift by one User to another User is made to the Operator in the form of Credits in the amount corresponding to the actual value of the Gift. The value of the Gift is specified in the relevant section of the Application which provides a list of Gifts specifying the number of Credits for each Gift. A Gift may be given only if the remaining number of Credits after the provision of the Gift is higher than the Minimum Credit. Each User agrees with the payment for the provision of a Gift, i.e. with the number of Credits corresponding to the Gift’s value, and such agreement is explicitly provided by the User giving the Gift upon the provision of the Gift and by the User receiving the Gift upon the Registration.

The display of a selected Post is Paid. The payment for displaying a selected Post of one User by another User is made to the Operator in the form of Credits in the amount corresponding to the set display fee. The fee for displaying a Post is specified in the relevant section of the Application, or next to the selected Post. A Post may be displayed only if the remaining number of Credits after the display of the selected Post is higher than the Minimum Credit. Each User agrees with the payment for displaying a selected Post, i.e. with the number of Credits corresponding to the set display fee, and such agreement is explicitly provided by the User displaying the Post upon the display and by the User publishing the Post upon the publication.

Communication via Messages or its selected part may be Paid. For the avoidance of doubt, the User who asks another User (Called User) to commence and make Paid communication via Messages and who initiates and conducts such communication via Messages (i.e. “calls” another User – i.e. Called User – in the Application) is obliged to pay Credit for the initiation and/or conduct of the communication via Messages and make potential payments to third parties; the Called User does not pay for the communication via Messages (except for fees to third parties) and is entitled to payment of Credits (after deducting the Commission and payments to third parties) for the communication via Messages made with another User.

The payment for the Paid communication via Messages or its selected part with the Called User is made by the User to the Operator in the form of Credits, and the price for the initiation or individual Messages is listed in the Application in the User Profile (i.e. Profile of the Called User). The number of Credits for communication via Messages is unilaterally set by the User in the User Profile (i.e. Profile of the Called User), however, the number of Credits paid cannot be changed more than once (1x) within twenty-four (24) hours. Each User agrees with the payment for communication via Messages, i.e. with the number of Credits for initiation and/or individual Messages, and such agreement is explicitly provided by the User and the Called User upon the commencement of communication via Messages.

Under the Affiliate Program, the Partner may:

1. share via Communication or otherwise a link generated by the Operator. This link is stored in the User's Application cookie file for a period of fourteen (14) days; or

2. share, in particular through social networks, information about the possibility of Registration, obtaining Credits for Registration and use of the Services, together with the code entered in the Partner's profile settings. The code is active for 72 hours.

The link or code referred to in Article 2.12 will allow, while it is active and after the Referred User completes the Registration pursuant to Article 3, to link the Partner's account to such Referred User (the "Referred User").

The Partner agrees not to abuse the Affiliate Program by using artificially created accounts and other tools to artificially increase the amount of Credits that may belong to him or her or another person.

The User is entitled to Credits for Communication made that have been paid to the Operator in the following amount and under the following conditions:

1. For Chat communication made, the Called User is only entitled to the Credits that the User asking for Chat communication has paid to the Operator for the Chat communication;

2. For Stream broadcasting, the User broadcasting Stream is only entitled to the Credits that one or more Users watching the Stream have paid to the Operator for watching the Stream;

3. For the Gift provided by another User, the User is only entitled to the Credits that the User providing the Gift has paid to the Operator for the provision of the Gift;

4. For displaying a Post, the User who has published the Post is only entitled to the Credits that the User who has displayed the Post has paid to the Operator for displaying the Post;

5. For communication via Messages made, the Called User is only entitled to the Credits that the User asking for communication via Messages has paid to the Operator for the communication via Messages;

6. Payment to the Operator means that a certain number of Credits was debited from the Credit Account of the relevant User and did not have to be returned to the User in any way within one hundred and eighty (180) days after debiting from the Credit Account, unless the Operator unilaterally sets a shorter period;

7. Payments to third parties may be subsequently deducted from the actually paid Credits according to Articles 2.15.1 through 2.15.5;

8. After deducting payments to third parties according to Article 2.15.7, the Commission under Article 5.12, will be deducted from the actually paid Credits in accordance with Articles 2.15.1 through 2.15.5; and

9. After deducting the Commission and any Operator’s receivables from the User, the remaining Credits will be transferred to the Credit Account of the User who is entitled to the Credits pursuant to Articles 2.15.1 through 2.16.2.

Under the Affiliate Programme, Credits are awarded in the following amounts and subject to the following conditions:

1. to the Partner, in the event that the Referred User completes the Registration in the amount as per the price list provided in the Application. This one-time reward for each one Referred User will be transferred to the Partner's Credit Account upon completion of the Registration by the Referred User. Payment of such received Credits will be enabled in the event that the Referred User becomes a Partner and the Credits are paid out to him/her in accordance with Article 5.14;

2. to the Partner, for Communication pursuant to Articles 2.15.1 to 2.15.5 made by the Referred User in the amount of 5% of the Credits transferred to the Referred User's Credit Account in accordance with Article 2.15.9;

3. to the Referred User, in the event of completion of the Registration in the amount of the price list set out in the Application. This one-time reward will be transferred to the Referred User's Credit Account and will be paid to the Referred User with the first payment of Credits pursuant to Article 5.14 earned for Communication pursuant to Articles 2.15.1 to 2.15.5; and

4. after deducting the Commission or any claims of the Operator against the Partner or Referred User, the remaining Credits shall be transferred to the Credit Account of the User who is entitled to the Credits under Articles 2.16.1 to 2.16.3.

Only a Legally Competent Person is authorised to ask for Registration. The Registration is free of charge. The entry in the Application, the Registration or use of Services are not recommended by the Operator to persons that could feel touched, offended and/or scandalised by the content of the Application. The entry in the Application, the Registration or use of the Services is banned to persons who are not Legally Competent Persons.

The Registration is made on-line via the Application. The Registration is completed if:

1. The Legally Competent Person completes all the information that is required in the Application (primarily the registration name, registration password, identification information) that are intended particularly for mutual communication with the Operator;

2. The Legally Competent Person completes all the information necessary for the Credit Account activation;

3. The Legally Competent Person electronically confirms by clicking that he/she has got acquainted and agrees with these Terms, including the Policy;

4. The Legally Competent Person confirms the Registration by clicking on the link sent by the Operator to the Legally Competent Person’s e-mail address; and

5. The Registration is not rejected at the Operator’s discretion.

The Legally Competent Person is obliged to provide correct, true and accurate information in the Registration and to inform the Operator without undue delay about any changes in this information.

Upon the completion of the Registration, the Legally Competent Person becomes the User, the Contract is concluded and the User is bound by these Terms. For the avoidance of doubt, these Terms also apply to any other user of the Application.

By completing the Registration, the User confirms that he/she has made the Registration as a Legally Competent Person completely freely, voluntarily, without any threat of physical violence or not in distress.

The information provided by the User in the Registration must not contain any offensive, defamatory, outrageous and socially unacceptable words (particularly in conflict with good manners and generally binding legal regulations), phrases, graphical expressions (e.g. emoticons) that would express User’s mood, opinions or emotions, or any similar means of communication. The above applies primarily to the registration name and registration password of the User.

The Operator is entitled to refuse to complete the Registration (particularly if the Contract was terminated with the individual, the individual is not a Legally Competent Person, has violated the contractual legal obligation or the obligation arising from generally binding legal regulations in respect of the Operator, in the event of the existence of due, however outstanding debts in respect of the Operator). In addition, the Operator is entitled to request the submission or provision of other information or documents of the individual before the completion of the Registration, particularly to verify the individual’s identity (e.g. a copy of the identity card or passport, etc.) or any information on the individual.

The User fully responsible for the use of the login name, password and/or other login details entered in the Registration. Users are obliged to keep their login information confidential and safe and take appropriate steps to maintain the security and confidentiality of their login information (particularly by not using easily identifiable login information and by regular changing of login information). In the event of disclosure, alienation or misuse of login information, the User is obliged to immediately change the login information and notify the Operator without undue delay by sending an e-mail to support@glamino.com. The Operator is not liable for any unauthorised use of the Application of the Profile.

After completing the Registration, the User is entitled to create a personal Profile in the Application and is authorised to publish Posts on the User’s Profile (the public part thereof) in the scope allowed by the Operator, fully in line with these Terms.

When using Services, Users are obliged to fully comply with these Terms, in particular, they are obliged to ensure that the content of Communication is in full compliance with these Terms.

Communication may be commenced and conducted only upon consent of communicating Users, where: (i) the User’s consent to the commencement and conduct of communication via Messages is granted upon the Registration; (ii) the User’s consent to the commencement and conduct of Chat communication is granted by initiating Chat communication by one User and accepting Chat communication by another User (i.e. Called User), unless the Application provides other settings for the Called User; (iii) the User’s consent to watching Stream is granted by initiating Stream broadcasting by one User and initiating Stream watching by another User; and (iv) the User’s consent to displaying a Post by another User is granted upon publication of the Post. The User who completed the Registration acknowledges that other Users are authorised to contact him/her in the Application with a request to commence Communication.

Users are entitled to use Services, and the Operator is obliged to provide the User with the possibility to use Services from the moment of Registration and for the term of the Contract. The User is entitled to use Paid Services provided that the number of Credits on the Credit Account is not lower than the Minimum Credit.

When using the Services, the User undertakes:

1. To adhere to all obligations stipulated by generally binding legal regulations;

2. Not to (directly or indirectly) allow or mediate the access to the Application to a third party (particularly not a party that is not a Legally Competent Person), primarily to the display of the Application content, entry to the Application or the Registration, or any other (direct or indirect) use of the Services;

3. Not to enter the Application and use the Services at places (in particular, publicly accessible) where their content may have an insulting, humiliating or immoral effect on third parties and places where it is banned by generally binding legal or internal regulations, i.e., for example, in the premises of public administration and local government authorities; and

4. Not to violate intellectual property (copyright, trademarks, patents etc.) of the Operator or a third party, particularly not to provide access to, publish, copy, distribute, misuse or use in any manner the content of the Application, i.e. materials, audio-visual recordings, etc. protected, in particular, by the Copyright Act or other generally binding legal regulations without the consent or relevant licence.

The User further undertakes that, during the Communication or use of Services consisting in publishing or sharing content or in communicating with another User, the content or communication will not contain in particular:

1. Derogatory, offensive, outrageous or socially unacceptable references, comments, phrases, words or graphic or other expressions concerning religion, race, sexual orientation, sex or certain groups of persons or that may affect personal rights of third parties (personality, dignity, honour, seriousness, privacy, individual nature expressions, physical integrity) or having any threatening or offending nature, primarily of such reference or comment is capable of causing detriment to an individual or certain group of persons;

2. Real portraits of people or animals when dying, mutilated, tortured, suffering or abused, or any content inciting to violence;

3. Images that support illegal or ill-advised use of weapons and other potentially dangerous objects, or that facilitate purchase or manufacturing of weapons or other potentially dangerous objects;

4. Inflammatory religious comments and/or inaccurate quotes of religious texts;

5. Incorrect information and qualities relating to the User, and the User may not present himself or herself as another person, including the publication of the content that is not part of the actual identity of the User;

6. Annoying political or religious opinions, including excessive and inadequate use of national or religious symbols; and/or

7. Content that would encourage fraudulent or another behaviour in conflict with the generally binding legal regulations.

In addition, the User may particularly not:

1. act on behalf of the Operator;

2. send unsolicited mail (spam) or any other illegal form of promotion, in particular use the Application to promote, list, publish other services, applications or websites similar to the Application in terms of content or otherwise, and promote, list and publish advertisements and other statements close to them in nature; promote, in any manner, another businessman through the Application who is a competitor to the Operator, and publish any material capable of damaging the reputation or interests of the Operator;

3. Jeopardise other visitors of the Application by installing computer viruses or other harmful or fraudulent electronic content;

4. In any way interfere with the Application content, in particular, jeopardise or disrupt its operation, data content, integrity by decompiling its source code, confidentiality and security, or obtain personal data of other Users without authorisation; or

5. Use the Application to sell goods or services or to distribute advertising materials.

The User further represents that:

1. by submitting the Post to the Operator for publication or starting the Stream, the User grants the Operator consent and at the same time the User has obtained consent from any other persons appearing in the Post or Stream that the uploaded content was made intentionally and with the knowledge of all appearing persons and will be published on the website and distributed on the Internet;

2. by submitting the Post to the Operator for publication or starting the Stream, the User grants the Operator consent and at the same time the User has obtained consent from any other persons appearing in the Post that the content of the Post or Stream may be downloaded from the Application and stored locally on another User's computer;

3. any image content has been created with his/her full knowledge and that of any other persons appearing in the Post or Stream, whose consent may be provided in writing upon request;

4. he/she is able at any time to produce proof of the age, identity and consent of any other persons appearing in the Post or Stream to publish the Post or Stream on the Application;

5. he/she is aware that before publishing the Post or Stream, the Operator is entitled to review any content submitted by the User for publication and not to publish such content on the Application if it is unlawful or otherwise objectionable in view of the terms and conditions of the Operator or third parties operating the Application.

The User guarantees to the maximum reasonable extent that, within the meaning of the Copyright Act, he/she is the sole author of the content that he/she has published or made available in the Application (i.e. including the Profile and its content) and that he/she is entitled to disclose, distribute and handle this content entered in the Application in any way to the necessary extent, and that the content is not subject to third-party rights. If the User adds such content in order to publish it (including texts, photos, images, drawings or graphic works etc.), the Users grants the Operator an unlimited (in terms of territory and quantity), free, non-exclusive licence for the duration of copyright ownership rights, which authorises the Operator to use the content in all manners permitted by law, in particular, to distribute, process, translate or modify this content or join the content with another content or file (the entitlement will survive termination of the contractual relationship under the Contract without limitations). The licence under the prior sentence additionally contains the right to fully or partly transfer the licence to any third party or grant the sub-licence to any third party in full scope (i.e. including the right to transfer the licence to a third party or grant the sub-licence to any third party). The Operator is not obliged to use the licence. The User undertakes to ensure the smooth exercise of Operator’s rights arising from the granted licence and take all legal actions to remove limitations in the exercise of these rights without undue delay and without a call.

Trademarks, logos, graphic art, images, photographs, animations, videos and texts that appear in the Application and have not been created by the User, may not be reproduced, used, published, distributed, sold or displayed by the User without the prior written consent of the Operator.

The User undertakes to inform the Operator without undue delay about any breach of the obligations stipulated in these Terms. Each User is obliged to inform the Operator about any breach of the Terms by another User and report any undesired or defective content of the Application published by another User by sending a message to the Operator directly through the Application.

The Credit System is operated by the Operator. All Credits are purchased, transferred, paid or paid out through the Credit System and no purchase, transfer, payment or payout can be made outside the Credit System.

The User is entitled to use Paid Services only if the amount on the User’s Credit Account exceeds the Minimum Credit. When the number of Credits on the Credit Account decreases to the Minimum Credit, the access to Paid Services is discontinued, used Paid Services are terminated and no other Paid Services may be provided until Credits are topped up on the Credit Account above the Minimum Credit.

The Operator is in no way liable for any transfer or conversion of funds from the User’s bank account to the Credit Account in connection with the purchase of Credits, or from the Credit Account to the User’s disposal in connection with the conversion of Credits into funds, except for cases for which the Operator is exclusively liable. The User acknowledges that the above transfers and conversions from funds to Credits and back are made by third parties which, in particular, administer the relevant payment system, and the Operator has no influence on this payment system.

Each User is obliged to use his/her Credit Account to pay for Paid Services. A Credit Account is open upon the conclusion of the Contract and is only available to the User in the Application. An overview of Credits is available on the Credit Account.

By commencing the use of Paid Services (primarily by commencing the Chat communication between the User and the Called User or by commencing to watch Stream), the User gives an irrevocable instruction to the Operator for the payment of Credits for the Provision of Services in the amount of Credits for the relevant Service, i.e. the User gives an irrevocable instruction for the transfer of a certain number of Credits for the Paid Service to the account of the Operator. The number of Credits for a certain Service is listed directly in the Application (e.g. the number of Credits for one minute of the Chat communication is listed in the User Profile and the number of Credits for individual Gifts is specified directly in the list of Gifts), and the User is informed about it before he/she commences to use the Services. Credits for the use of the Paid Service are debited from the User’s Credit Account anytime during the use of the Service or after the termination of the use of the Service or upon opening the link allowing to pay for Paid Services. When using a Paid Service, Credits are debited from the Credit Account and are credited to the Operator’s account.

The User acknowledges that the price for the Services in no case includes fees to third parties in relation to the use of the Application, price of the telephone or internet connection, leases, fees for the use of the Device, administrative fees or taxes, and each User understands that the above fees may be added to the price of the Paid Services.

The Operator notes that, in addition to fees to third parties, other fees, taxation or deductions may be charged for Communication in connection with the payment of Paid Services in accordance with the law of the country in which the Paid Services are used by Users.

The Credit System allows the User to purchase a certain number of Credits to the User’s Credit Account to pay for Paid Services. Credits on the Credit Account may be purchased by opening a link allowing to purchase Credits. The process of purchasing Credits by the User to the Credit Account is made primarily through third parties providing payment systems by blocking a relevant financial amount on the User’s bank account or on the payment means that is listed in the relevant section of the Application, or relevant amount which is determined in the relevant section in the Application and which allows the purchase of Credits in favour of the Operator with a subsequent payment of such amount or value to the relevant bank or another account of the Operator, or if the Operator receives another sufficient confirmation on the transfer or blocking of a specific financial amount or another value; and such financial amount or value will be converted into Credits in accordance with the Conversion Rate, and Credits are registered on the User’s Credit Account.

The Operator does not charge any fees for the purchase of Credits for funds or other values in accordance with the Conversion Rate; the Conversion Rate only determines the price of Credit in the particular currency.

The Operator notes that third parties operating payments systems may charge relevant fees in relation to the purchase of Credits for funds or other values or conversion of Credits back into funds, primarily in relation to the conversion of currencies, banking transaction fees, fees for payment card use, fees for the payment system use, etc. The User is obliged to get acquainted with fees that could be charged by third parties in connection with the purchase of Credits or conversion of Credits into funds.

The User primarily purchases Credits as follows:

1. By payment card;

2. By bank transfer; and/or

3. In another manner determined by the Operator that is listed in the relevant section of the Application.

The Commission will be charged to the User as follows:

The Commission will be calculated as 60% of the value of Credits according to the relevant Conversion Rate, reduced by fees to third parties (in particular, to the relevant banking institution or the payment service provider) and applicable value-added tax.

The Operator is exclusively entitled to unilaterally change (determine) the value of individual Commission components that will be charged in accordance with the preceding sentence.

The Operator is not entitled to charge any other fees in addition to the Commission unless these Terms provide otherwise.

The User acknowledges that he/she is not entitled to a payout of Credits, except as stipulated by these Terms, and the payout of Credits will only be enabled to those Users who complete the Registration to the extent specified in the Application. The Credit System allows to pay out only those Credits that have been credited to the Credit Account for Communication made (“Received Credits”).

Any payout of Credits to the User, i.e. conversion of Credits on the Credit Account into funds, will only apply to Received Credits, unless these Terms provide otherwise. The User is entitled to a payout of Credits only if the value of Received Credits is equivalent to at least 100 US Dollars, otherwise no Credits will be paid out from the Credit Account, except for the termination of the Contract.

Credits on the Credit Account can only be paid out as funds upon completion of the relevant form via the Application. They payout will be made through payment means specified in the relevant section of the Application or in there Terms within 30 days of sending a completed form and fulfilling other conditions for such payout.

If the User fails to meet the conditions for the payout of Received Credits, in particular, according to Article 5.14 within one (1) month of receiving Received Credits, the User’s entitlement to a payout of remaining Received Credits on the Credit Account will cease to exist and the Credits will pass to the Operator.

The Operator reserves its right to hold the full payout of Credits or part thereof for up to one hundred and eighty (180) days if there is a suspicion of fraudulent activities or activities otherwise contradictory to legal regulations or these Terms.

The User acknowledges that the payout of Credits is subject to the Operator’s Commission according to Article 5.12 and may also be subject to income tax or other fees and deductions under the law of the country that is applicable to the User; the User is obliged to pay applicable tax from Credits in accordance with generally binding legal regulations applicable to the particular User.

Within 72 hours of the transfer within the Application, the User is entitled to a full refund of the amount of money represented by Credits purchased by any of the methods specified in Article 5.8 and transferred according to the Conversion Rate to the User's Credit Account. The Operator is entitled to request the transaction history in order to verify the User's refund request and to expedite the refund process. The Operator is entitled to refuse (in part or in full) to refund the User if:

1. the User has used up some or all of the Credits purchased;

2. the User knowingly provides access to his/her Profile or to his/her means of payment to a third party; or

3. the User has violated any provision of these Terms.

Where applicable, the refunded amount will be refunded in the same manner as used to purchase the Credits pursuant to Article 5.8, unless otherwise agreed between the Operator and the User. The time to refund, depending on the method chosen, is 1 to 15 working days.

The Provider reserves the right to intervene in the Application or to modify or change the Application in any way (e.g. its appearance, focus and/or functional content), even without prior notice, or to restrict the Users' access to the Application for maintenance or technical or other reasons for the time strictly necessary without prior notice. In such case, no User shall be entitled to claim any compensation or refund of funds or Credits.

If a User requests a refund of funds and the Operator processes such request, the Operator is entitled to block the Profile of the User concerned. In the event that the Operator receives a request from a financial institution or platform to return funds used to purchase Credits, the Operator reserves the right to block the User's Profile upon receipt of such request.

In the event that, for reasons on the part of the Operator: (i) it is not possible to use the Service for which Credits have been deducted from the Credit Account due to Application inaccessibility or error; (ii) an incorrect number of Credits has been deducted from the Credit Account; (iii) the Commission or the Credits to be transferred to the User’s Credit Account have been calculated incorrectly; (iv) Credits to be paid out have been determined incorrectly; or (iv) the Operators has failed to fulfil another obligation under these Terms, the User is entitled to file a complaint with the Operator regarding these defects. The User is entitled to complain about the above defects without undue delay, but no later than within fourteen (14) days of the day when the User detected or could detect these defects. The User is entitled to file a complaint at www.glamino.com.

The Operator undertakes to handle the complaint filed by the User in accordance with Article 6.1 within thirty (30) days from the delivery of the User’s complaint to the Operator and remedy the defective condition without undue delay as allowed by its capacities, providing the complaint is justified. The User is obliged to provide the Operator with all necessary assistance to this end. If the complaint is filed later, the User’s entitlement to have the complaint settled will cease to exist.

If the complaint is legitimate, the User is entitled to reimbursement of paid Credits or part thereof, payment of Credits that have not been paid out in the payout of Credits or of incorrectly determined Commission, and also to receive compensation for damage demonstrably incurred by the User. The non-mandatory provisions of the Civil Code regulating rights arising from the liability for defects do not apply to relations between the User and the Operator if the User is not a consumer as the provisions are fully replaced by the provision of these Terms. In the case of Users who are concurrently consumers, the legislation in the Civil Code takes precedence over the provisions of these Terms.

The Operator decides on the complaint with final effect. The complaint will be supported by records of the Application, unless the User provides other credible records of conclusive facts. In the event of a conflict between the records of the Application and the records presented by the User, the records of the Application prevail unless the Operator decides otherwise.

When using the Services, the Operator is not liable for services supplied by third parties, such as the internet connection quality, quality of telecommunication services supplied by the relevant operator or amount of fees or exchange rates determined by payment institutions, etc. The User understands that he/she cannot exercise any claim in respect of the Operator relating to the content, scope or quality of the provided Communication, and the User undertakes not to exercise such claims in respect of the Operator; if such claims would arise, the User waives them when they arise.

The Operator bears no liability for legal acts of the User in respect of another User as part of the Communication. In addition, the Operator bears no liability for any statements or comments of the User published in the Application or in the User Profile to the extent permitted by law.

The Operator is not liable for the prevention of or limitations in the use of the Services by the User as a result of the Application unavailability caused by failures in the internet network operations, as well as other technical circumstances that the Operator cannot influence or the resolution of which requires the cooperation of third parties.

The Operator is only liable for such loss of data that was caused by its activities, however, is not liable for the loss of User’s data. The Operator reserves the right to limit or temporarily discontinue the operation of the Applications without compensation in justified cases of technical failures on the part of the User or the internet network. The Operator undertakes to notify the User about this fact without undue delay.

The User acknowledges that the access to the Application and consequently to the use of the Services may be limited or suspended due to technical or other reasons. The Operator is not liable for unintended failures in the operation of the Application of technical nature, however, it is obliged to make every effort to re-launch the operation of the Application and consequently the possibility to use the Services by the User in the shortest possible period of time.

The Operator is authorised to suspend the provision of Services to the User in the event of any breach of these Terms by the User. The Operator bears no liability for any harm incurred by the User as a result of the above suspension of the Services, and the User is not entitled to receive any compensation for the harm incurred by the User as a result of such suspension.

The Operator is liable for potential unauthorised interventions of third parties which may result in unauthorised access of these parties to personal data of Users, User Profiles (including Credit Accounts) or the relevant database of Users, and in use, misuse, abuse or disclosure of these data to third parties only if the Operator has breached any of its obligations under these Terms. Otherwise, the Operator is not held liable and is not obliged to pay damages; however, this is without prejudice to the provisions of the Civil Code regarding the ban of the exclusion or limitation of the Operator’s liability to pay damages.

The User bears all legal consequences that arise directly or indirectly from the breach of the obligations of the User, whether obligations under these Terms or obligations stipulated by generally binding legal regulations. The User is further obliged to compensate the Operator for all third-party claims and costs arising from such exercised third-party claims against the Operator as a result of any breach of obligations by the User. This is without prejudice to the Operator’s and third parties’ claim for damages (regarding both material and non-material damage) arising from the breach of any obligation of the User.

The User is not entitled to make the Operator liable for any legal claims of third parties arising from the Registration, use of the Services, the Application or in any relation to them, in any manner.

The Operator reserves the right to determine the graphical form of the Application, Registration, Profiles and other applications that the Operator operates, and to change, modify or amend it at any time.

The specific manner of the Registration and use of the Services is determined in the relevant interface in the Application and may be modified or changed by the Operator anytime, in terms of graphical presentation, its content and/or in another manner. When registering and using the Services, the User is obliged to follow the relevant instructions within the interface of the Application, unless the instructions are provided in these Terms. The instructions relating to technical aspects of the Registration are deemed to be instructions made in line with these Terms and are binding.

The Operator will make efforts to actively prevent any technical problems, however, it may not guarantee continuous availability of the Application (and Services).

The User acknowledges that the Operator is authorised to limit or entirely discontinue the operation of the Application and consequently the possibility to use the Services due to planned shutdowns of the Application and server maintenance so that the shutdown of the Application:

1. Usually takes place at CET night hours, i.e. from 10 p.m. to 6 a.m. unless prevented by serious operational reasons;

2. Is always announced to the User in advance in the Application or at www.glamino.com or in another appropriate manner; and

3. Takes place no more than twice (2x) in one calendar month and takes no more than three (3) hours unless prevented by serious operational reasons.

The Application may not be modified or distributed without the Operator’s consent. The User is prohibited to use the Application or its parts and content for other purposes than for which the Application is intended in accordance with these Terms, in particular, to distribute the content without authorisation. No intervention in the technical or factual content of the Application is allowed.

No User’s rights to use trademarks, business names, logos, copyright or any other subjects of Operator’s intellectual property arise from the conclusion or performance of the Contract.

To the extent permitted by generally binding legal regulations, the Operator is not liable for the content that the User or anyone else may publish in the Application or in the Profile. The Operator reserves the right to delete without any prior notification any such content which is or may be inappropriate or in conflict with these Terms or generally binding legal regulations, as well as the right to modify, change, delete and ban any content that the Operator considers harmful in any manner. The Operator is authorised to limit or delete in any scope the access to or publication of any statement, in particular, any message, photograph, video published in the Application or Profile that is in breach of these Terms.

The Operator is entitled, but not obliged, to continuously monitor the content of the Application and Profiles to ensure the operation of the Application and compliance with the Terms.

The Application is in the exclusive ownership of the Operator and the Operator is authorised to exclusively exercise all rights to the Application.

The Operator grants the User a licence to the Application and relating databases that will be used by the User when using the Application. The licence granted is free of charge, non-exclusive, time-limited for the term of the Contract in accordance with the Terms and unlimited in terms of territory. The licence is granted for the use of the Application and databases in a manner and for the purpose arising from the Terms, the purpose and function of the Application, and the User undertakes to adhere to it.

The User undertakes to use any content of the Application (except for the content entered by the User) solely over the term of the Contract, within this Application and in accordance with the purpose of such content. In particular, the User must not change the content of the Application in any manner, copy, translate, distribute, publish, create derived works, communicate to the public, store it or otherwise use in any scope and in any manner and use the name stated in relation to this content in the Application.

No monitoring of or interventions in the technical or factual content of the Application are allowed (e.g. decomposition, decompiling, decrypting or reverse analysis of any software or aspect included in the Application). The User has no right to make backup copies of any content of the Application that is not the User’s copyright work. The User acknowledges that any unauthorised intervention in the Application or unauthorised use of any rights relating to the Application (particularly copyright) may cause harm to the Operator that will be claimed against the User.

The Contract is concluded for an indefinite period.

The User or the Operator is entitled to terminate the Contract by notice of termination, which may or may not state reasons for the termination. The notice period is thirty (30) days from the delivery of the notice to the other party.

The Operator is entitled to terminate the Contract with immediate effect after the delivery of the notice to the User without any prior request or warning if:

1. The Registration was made by a person who did not meet the conditions for the Registration;

2. The User provided incorrect, untrue and/or misleading information in the Registration;

3. The User has breached any obligation under these Terms or any other obligation stipulated by generally binding legal regulations;

4. The Application allowing the provision or mediation of the Services is terminated without compensation or its operation is significantly limited;

5. The Operator loses the authorisation to operate the Application or the authorisation is suspended; or

6. Insolvency or similar proceeding is initiated in respect of the User.

The termination of the Contract results in the cancellation of the Registration and the authorisation to provide or mediate Services and to use Services.

The Operator is obliged to settle all User’s Credits remaining on the Credit Account (after offsetting Operator’s receivables, including undue receivables) within three (3) calendar months of the termination of the Contract as follows:

1. Received Credits will be settled in accordance with Articles 2.12 and 5, regardless of the amount to be paid out; and

2. Credits that have been purchased but are not Received Credits will be reduced by 60%, which corresponds to the Operator’s costs associated with the Provision, and the rest will be paid out to the User in accordance with Article 5; Credits to be paid out will be converted to funds and transferred to the User’s bank account notified by the User to the Operator. If the User fails to notify the Operator of a bank account within one (1) month of termination of the Contract, the User’s entitlement to the payout of Credits remaining on the Credit Account will cease to exist and the Credits will pass to the Operator.

If the Contract is terminated, the Operator is authorised to entirely or partially delete all content recorded by the User in the Application.

Unless the Operator provides otherwise, any notification, request or communication to be made to the Operator under these Terms will only be made by email and sent to the Operator’s email address provided at the heading of these Terms or to another e-mail address of the Operator specified in the Application.

Any notification, request or communication to be made to the User under these Terms will be made by email to the User’s email address, through the Application, by text or data message sent to the User’s Device or in another appropriate way.

The parties undertake to notify each another about any changes in contact addresses without undue delay and without being obliged to conclude an amendment to the Contract.

Any notification, request or another communication will be deemed delivered to third parties to the maximum possible extent permitted by generally binding legal regulations on the third (3rd) day after it was sent, even if the party does not read the message received by any of the methods listed in these Terms. The above listed delivery method applies to the communication of any message, i.e. particularly upon the termination of the Contract by the Operator or when handling any complaint regarding the payment through the Credit System.

If the User is a consumer within the meaning of the Civil Code, i.e. concludes the Contract outside his/her business activities or outside his/her self-employment activities, the User is subject to the following provisions of the Article.

The consumer pre-contractual information includes the following:

1. The identity of the Operator is listed in the heading of these Terms;

2. The Operator provides Services, in particular, the Provision of facilities and space in the Application, Provision of Communication among Users and/or provision of other Paid or Free Services;

3. The price of delivered Services is provided in Credits, and Credits can be purchased for specified funds as determined by the Conversion Rate. The Conversion Rate is not increased by any taxes or fees, however, the purchase or payout of Credits may be subject to fees and costs of third parties providing payment means for the purchase and payout of Credits and third-party fees as specified in these Terms;

4. The Operator is not able to determine the costs of the purchase or payout of Credits that are charged by third parties, where each third party may charge different costs;

5. The method of payment for the purchase or payout of Credits is specified in Articles 2 and 5 of these Terms;

6. The rights arising from faulty performance are listed in Article 6 of these Terms;

7. The term of the obligation and conditions of termination are listed in Article 10 of these Terms;

8. The information on the functionality of the digital content and technical protective measures is provided in Article 8 of these Terms and the Policy; and

9. The information on the compatibility of the digital content with hardware and software is as follows: any Device must have technical parameters listed in the relevant section of the Application to ensure the possibility of using the Services, and the use of the Services is possible only through the Application.

The information on the contract concluded through remote access includes the following:

1. The costs of the remote communication means are charged using the local rate by operators with which the User has concluded the internet connection contract;

2. All Paid Services may only be used based on the purchase of Credits;

3. The Contract is concluded for an indefinite period with the possibility of terminating the Contract with a notice period of thirty (30) days of the delivery to the other party, or with immediate effect in the case specified in Article 10.3;

4. The amount of the User’s payment for one (1) calendar month depends on the scope of used Services and paid Credits;

5. The Operator does not charge any additional taxes, fees and costs for the use of Paid Services, however, these taxes, fees and costs may be charged by third parties, as listed in these Terms;

6. The withdrawal of the User from the Contract (or its unilateral termination) is regulated in Article 12.4 of these Terms;

7. The User bears no additional costs in respect of the Operator in relation to the above withdrawal from the Contract (or its unilateral termination), except for the obligation to pay Credits for the use of Paid Services and make payments specified in Article 10.5. The User may bear additional costs charged by third parties, particularly in relation to the payout of Credits;

8. The User is always obliged to pay for Credits that have been drawn for the use of Paid Services; and

9. In accordance with Act No. 634/1992 Sb., on consumer protection, as amended, the User is entitled to an out-of-court settlement of a consumer dispute arising from the Contract. The entity which is authorised to deal with the dispute out of courts is the Czech Trade Inspection Authority. Detailed information is available at www.coi.cz. An out-of-court settlement of a consumer dispute is commenced solely at the suggestion of the User, only if the dispute with the Operator was not resolved directly. The petition may be filed no later than one (1) year of the date when the User exercised his/her right which is the subject matter of the dispute for the first time in relation to the Operator. The User is also entitled to initiate the out-of-court settlement of the dispute through the ODR platform available at https://ec.europa.eu/consumers/odr/. The out-of-court settlement of the dispute is not deemed mediation or arbitration and is without prejudice to the parties’ right to approach the Czech Trade Inspection Authority or a court with a claim. For the duration of the out-of-court settlement of the dispute, limitation periods and foreclosure periods in accordance with the Civil Code do not continue nor start until one of the parties to the dispute explicitly refuses to continue the proceeding.

The User is entitled to withdraw from the Contract without stating a reason within fourteen (14) days of its conclusion. For the purposes of exercising the right for withdrawal from the Contract, the consumer is obliged to inform the Operator about the withdrawal from the Contract in the form of a unilateral notification (e.g. via email) which will state that the User withdraws from the Contract. To maintain the withdrawal period, it is sufficient to send the withdrawal from the Contract to the Operator before the expiration of the relevant period.

By purchasing Credits, the Users give explicit consent to the use of Services, even if the withdrawal period under Article 12.4 of these Terms is running.

The information on the contract concluded using electronic means includes the following:

1. The Contract particularly consists of these Terms accepted by the User. The records regarding the completion of the Registration and conclusion of the Contract are stored by the Operator in an electronic form and the User has no access to these records;

2. The Contract is concluded in Czech or English; in the event of any discrepancy between these language versions, the Czech version will prevail;

3. The Contract is concluded using the procedure described in Article 3 of these Terms;

4. The Operator is bound by any code of conduct, either voluntary or binding.

The User hereby explicitly confirms that he/she read all the information listed in this Article before concluding the Contract.

The contractual relationship between the Operator and the User is governed by the Czech law, in particular, the Civil Code. In the event of a conflict, the Contract, including the Terms, takes precedence over the non-mandatory provisions of the Civil Code.

Although the Operator is not subject to the laws of the United States, the Operator voluntarily submits to the provisions of 18 U.S.C. § 2257 (recordkeeping and record retention requirements) and its implementing regulations and represents that each actual natural person depicted in the image material in the Application was 18 years of age or older at the time the image material was taken.

Exception: Content recorded by Users

The Operator is not the "originator" of any depiction of real or pretended sexually explicit conduct that may appear in the Application. In particular, the Operator limits its handling of such content and only engages in the activities of transmitting, storing, retrieving, hosting and/or formatting material that may depict sexually explicit conduct occurring within the Application as a result of actions taken by Users. All portions of the Application that contain such User-generated material are controlled by the respective User for whom the Operator created the Application. Subject to the provisions of 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the Operator reserves the right to delete any materials appearing in the Application as a result of actions taken by Users if the Operator, at its sole discretion, deems such materials to be indecent, obscene, defamatory, or contrary to the policies of the Application and these Terms.

Designated Record Controller

Without limiting the applicability of the foregoing exemption in any way, the Operator has appointed itself as the controller for purposes of maintaining the original records within the meaning of 18 U.S.C. § 2257 and 28 C.F.R. § 75, with respect to all materials occurring within the Application that fall into one of the following two categories: (i) marketing and advertising materials containing visual depictions of real or pretended sexually explicit conduct that were obtained or taken by the Operator for the purpose of promoting the Application; and (ii) all visual depictions of Users who have opted to enable Paid Services that allow for the collection of Credits by that User. Records relating to age verification will be collected and reviewed before a User is allowed to redeem any Credits.

The aforementioned records and their controller (the Operator) can be found at the address listed in the header of these Terms.

Any disputes arising from or in connection with the Contract will be resolved amicably. If the parties fail to resolve a dispute amicably within thirty (30) days of delivery of the relevant request by one party to another party, the dispute, including the issues of validity, interpretation, implementation or termination of the rights arising from this Contract will be referred to a Czech court having the subject-matter and territorial jurisdiction according to the Operator’s registered office.

The Operator is authorised to offset any of its receivables against the receivables of the User, primarily any damages, detriment, unjust enrichment, costs and other performance. The User is not authorised to offset his/her receivables against receivables of the Operator, or assign his/her receivable from the Operator.

Any proposal for a change in the Terms must be made in accordance with these Terms. In the event of any proposal of the User for a change in the Terms, such proposal must be accepted by the Operator entirely unreservedly, otherwise it is not capable of changing these Terms. Any amendments or variance relating to the proposal of the Operator for a change in the Terms that do not significantly change the Terms is excluded in advance and means a new proposal.

In the event that any provision of the Contract or these Terms becomes ineffective, unenforceable or putative, the remaining provisions of the Contract or these Terms will remain valid. In this case, the parties will replace such ineffective, unenforceable or putative provisions by a provision which comes as close as possible to the economic purpose of the ineffective, unenforceable and putative provision.

The User confirms that he/she got acquainted with these Terms prior to the conclusion of the Contract, particularly with:

1. The Conversion Rate according to Article 1.1;

2. The method of payment of Credit and payout of Credit according to Article 5; and

3. The Commission according to Article 5,

fully understands them and agrees with all rights and obligations contained in these Terms.

The User additionally confirms that he/she has made all objections against the Terms and made all proposals for changes in these Terms in respect of the Operator, therefore, these Terms represent the rights and obligations proposed, discussed and agreed with compromises between both parties.

The Operator is entitled to change these Terms unilaterally to a reasonable extent. The Operator must inform the User about any change in the Terms, which does not concern only a change in formal parameters, references, numbers or similar components, or a typo or incorrect calculation, in accordance with these Terms, and the User is entitled to refuse the change within ten (10) days of receipt of the proposal for changes in the Terms if the User sends a notice of termination of the Contract in the manner specified in Article 11.1 simultaneously with the refusal of changes. A reasonable extent to which the Operator is entitled to propose a change in the means primarily the manner of using the Application, method of payment for and purchase of Credits, conditions of payout of Credits, conditions of mutual communication, technical conditions of the Registration, conditions of the Application operation and conditions of mediating the Communication, method and scope of using the Services, etc. If the proposal for a change in the Terms is not rejected, the change in the Terms becomes binding for the User. If the User terminates the Contract, the Contract will be terminated in the manner specified in Article 10.2 (i.e. with a 30-day notice period). During the notice period, the relationship between the Operator and the User is subject to the Terms in the unchanged version.

If any provisions of technical or pricing nature are not listed in these Terms, these Terms refer to the relevant section in the Application which contains more details of these provisions. Relevant sections of the Application stipulate technical provisions, specifically: (i) the list of currencies for which it is possible to buy Credits, (ii) the list of other Services that may be used, or performance provided by the Operator, (iii) the list of Free and Paid Services, (iv) the method, payment means and payment conditions of the purchase of Credits and payments for purchased Credits, (v) the method, payment means and payments conditions for the payout of Credits to the User, (vi) technical parameters of the Device, or (vii) specification of the relevant section in the Application in which messages and notifications of the Operator will be delivered to the User, if such delivery method is used by the Operator; and also pricing terms, in particular, the Conversion Rate. Provisions listed in the relevant sections of the Application may be changed in the same manner as these Terms, and Article 13.7 applies mutatis mutandis for a change in these provisions.

Any potential ineffectiveness or invalidity of any of the provisions of these Terms does not result in the ineffectiveness or invalidity of the Terms as a whole. The Operator undertakes to replace such provisions by a valid provision which comes as close as possible to the material content and economic result of the original provision.

The User hereby explicitly agrees and grants its content with the assignment or transfer of rights and obligations of the Operator or parts thereof to any third party or parties. The Operator undertakes to inform the User about any such assignment or transfer.

The User hereby explicitly declares and undertakes that for the entire duration of the Contract: (i) the User will have all public-law authorisation which may be necessary pursuant to generally binding legal regulations applicable to the particular User for any activities under the Contract; and (ii) the User pays properly relevant taxes and other fees (or enjoys a tax-free status) in accordance with generally binding legal regulations applicable to the particular User.

The Operator and the User agree that they will not adhere to trade customs when complying with these Terms.

These Terms become valid and effective on 2021/11/9.