1. Fabrika Charvát s.r.o., ID No.: 23435526, with registered office at Příčná 1892/4, 110 00 Praha, registered in the Commercial Register maintained by the Municipal Court at Prague under file No. C 426255, is the operator (hereinafter referred to as "Operator") of a set of applications, web interface and other functionally or technically related hardware and software (hereinafter referred to as "Platform") used to provide access to the services provided by the Operator.

2. Through the Platform, the Operator provides services to you as a third party (hereinafter referred to as "You" or also "User"), in particular related to the functionalities of the Partoska service for sharing media from events (hereinafter referred to as "Partoska" and "Services").

3. These General Terms and Conditions of Use of Partoska (hereinafter referred to as "Terms and Conditions") govern the terms and conditions under which the Operator will allow you to access the Services, consisting in particular in the use of the functionalities of the Operator's Platform and/or Services. The Privacy Policy explains how the Operator collects and uses the information you provide to it in the course of using the Services ("Privacy Policy"). The details of the content you may upload to Partoska are set out in the User Content Policy (the "User Content Policy"). The procedure for reporting objectionable content is set out in the Notification Policy (the "Notification Policy"). The Privacy Policy, the User Content Policy, the Notification Rules, the Consumer Protection Policy within the meaning of paragraph 8. of these Terms and Conditions and, where applicable, the Payment Terms within the meaning of paragraph 11. of these Terms and Conditions (if issued) are an integral and binding part of these Terms and Conditions.

4. Consumer Relations. These Terms and Conditions regulate contractual relations on the basis of which the Services are provided exclusively to those Users who are consumers within the meaning of Section 419 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "CC"), i.e. natural persons acting outside the scope of their business activity or outside the scope of their independent exercise of their profession. The provision of Services to legal entities and entrepreneurs shall be governed by these Terms and Conditions, unless the Operator has issued special general terms and conditions for relations between entrepreneurs, which in such case are completely independent of these Terms and Conditions. The Consumer Protection Policy and any other provisions of the Terms (or parts thereof) reserved for the relationship between the Operator and consumers shall not apply to the provision of the Services to legal persons and businesses by way of exclusion.

5. Service Agreement. The Terms are an integral and binding part of any contract for the provision of Services (the "Contract") you enter into with the Operator. You enter into the Agreement, including these Terms and all of their components, at the moment you start using the Services, in particular by using the functionality of the Platform publicly offered by the Operator. By using the Services, you agree to these Terms and all of their components, acknowledge that you have read them and agree to be bound by them throughout your use of the Services. This provision does not exclude that the use of certain Services will be conditional upon the User's express acceptance and acceptance of the Terms by active action.

6. Regulatory Framework. The legal provisions that govern the Operator in the provision of the Services are set out in the Regulatory Framework, which is available in the Platform user interface.

7. Refusal to use the Terms. The provisions of these Terms do not apply to services provided by persons other than the Operator.

8. Consumer Rights. The Operator shall fulfil its information obligation towards the consumer concerning, in particular but not exclusively, rights of defective performance, the right of withdrawal and the conditions for exercising them through the Consumer Protection Policy available in the user interface of the Platform (hereinafter referred to as "Consumer Protection Policy").

1. General Description of Services. The Services provided by the Operator consist mainly in (i) enabling the creation and management of events for the purpose of collecting and sharing media content among event participants (hereinafter referred to as "Events"), (ii) storing the media content uploaded by Users to Events within the meaning of Section 5 of Act No. 480/2004 Coll., on certain information society services, as amended, and (iii) providing other services constituting a set of services provided by the Operator and/or a third party consisting in the provision of other functionalities of the Platform, whereby these functionalities are dependent on the technical means of the Operator or the third party, while their specific content and the rules for their use are governed by the current offer of the Operator.

2. Services may be made available to you free of charge (hereinafter referred to as "Free Services") or for a fee (hereinafter referred to as "Paid Services"), depending on the Operator's current offer. Paid Services may be provided to the User by the Operator upon the User's explicit request before the expiry of the withdrawal period, further details are set out in the Consumer Protection Policy. Users who create Events are referred to as "Event Organizers" and Users who participate in Events created by others are referred to as "Event Guests".

3. Upgrade Programs. The Paid Services may include upgrade programs at the Operator's discretion, consisting of:

• a. Event Upgrade Programs that provide enhanced functionality for Events, such as increased storage capacity, extended event duration, or additional features for specific Events; and
• b. User Upgrade Programs that provide enhanced functionality for Users, such as synchronization with third-party services, integration capabilities, advanced sharing features, or other user-level benefits. The Payment Terms depend on the specific upgrade program selected and are always contained, including a list of them, in the Operator's current offer in the Platform user interface or in a separate section of these Terms, if issued by the Operator (hereinafter referred to as "Payment Terms").

4. Partner Programs. The Operator may, at its discretion, offer Users affiliate programs through which Users may, in particular, participate in the provision of Services by the Operator to other Users and in exchange for a reward consisting mainly, but not exclusively, in more favourable conditions for the use of the Services or in a monetary reward according to the relevant rules. The available partner programs are listed in the Operator's current offer located in the user interface of the Platform.

5. User Registration. In order to provide certain Services, the Operator may require you to register and create a user account on the Platform, for which purpose you must provide the Operator with, among other things, your personal information required to complete the registration. Event Organizers may be required to register in order to create and manage Events, while Event Guests may access Events without registration depending on the settings chosen by the Event Organizer. Detailed information on the protection of the User's personal data is provided in the Privacy Policy.

6. Features of the Free Services. The Free Services are provided to Users on an "as is" basis. The Operator makes no warranties to the User regarding the Free Services and/or the Platform in connection with their use, in particular no warranties regarding the functionality and availability of the Free Services. In particular, the Operator does not warrant to the User that:

• a. The Free Services will be available twenty-four hours a day, seven days a week;
• b. Free Services will be fully functional for the entire period of availability of the Services;
• c. Free Services will be provided without error;
• d. User Content will always be available, complete, correct, accurate, uncorrupted or unaltered;
• e. User Content will not violate any law or violate the rights or legitimate interests of Users or third parties;

7. Features of the Paid Services. The Operator provides the Paid Services to Users in the manner, scope and quality required by law:

• a. Conform to the agreed description and scope, as well as quality, functionality, compatibility, interoperability and other agreed features;
• b. Enable the creation of Events, storage of media content uploaded to Events, and sharing of such content among Event participants; and
• c. Offer additional features, if any, made available or further modified by the Operator at its discretion.

8. The provisions of the legal regulations concerning the provision of digital content (e.g. Sections 2389a et seq. of the CC) do not apply to the Operator or the Services provided by the Operator. In cases where rights are granted to the User by virtue of their similar use under the legislation, the User's rights in question apply only to the Services as provided by the Operator, and only to the extent that they can be applied to the Services in question. The Operator does not in any way by these Terms and Conditions or by law provide any guarantees in relation to User Content, which is in no way originated by the Operator.

1. You may use the services provided by the Operator only if you comply with certain rules when doing so.

2. User Content. Uploading, sending, storing, placing or otherwise using any media content or other information in any data format by You (hereinafter referred to as "User Content") through the Platform, in particular but not exclusively through any functionality of Partoska, must be in accordance with the law, the rights and legitimate interests of the Operator, the rights of third parties, good morals and the User Content Policy. These obligations apply not only to the content of such information as such, but also to its name, associated Event information, and the act of uploading, sharing or downloading it through the functionalities of the Platform and any of its components. Event Organizers are responsible for ensuring that the purpose and settings of their Events comply with these Terms.

3. The Operator is in no way responsible for User Content that you upload, store, share, download or otherwise deal with through the functionalities of the Platform and/or the Services. The Operator does not control the User Content uploaded by you in any way for its defectiveness or harmlessness, and therefore you are solely responsible for it. Event Organizers are solely responsible for managing access to their Events and for the content shared within those Events.

4. By uploading User Content to the Platform, you acknowledge and agree that the Operator is entitled to process the uploaded User Content for the purpose of providing the Services to you and, where applicable, other Users participating in the same Event. This processing is automatic and may relate to the content of specific User Content as well as its name. In particular, the Operator is entitled (but not obliged) to process User Content in order to create thumbnail previews and optimized versions of media files for display within the Platform. The specific form of the preview of the User Content depends on the type and format of the User Content and may take the form of an image thumbnail, a reduced-size video, or other optimized format. The Operator is also entitled (but not obliged) to process User Content for the purpose of and/or in the context of improving the Services, the Platform and its maintenance. In this context, the Operator may transfer the User Content to other persons who perform activities related to the operation and maintenance of the functioning of the Platform and/or the Services for the purpose of providing the Services. When processing User Content for the above purposes, the User Content and all parts thereof, including its name, may be altered to the extent necessary, exclusively with the help of automated algorithms.

5. Account Protection. In the event that you choose to register on the Platform and thus create a User Account, you agree to comply with appropriate security measures in order to protect the User Content uploaded by you. In particular, you shall protect your login credentials, take adequate measures to keep them confidential, not share them and not provide access to them to third parties. The User Account, including the login credentials, may not be used by more than one person at a time and may not be sold, rented, transferred or otherwise provided to a third party.

6. Use of the Services. In addition to the foregoing, you agree not to do anything during and/or in connection with your use of the Services that could jeopardize the operation of the Platform, any part thereof, or the Operator's provision of the Services. In particular, you must not use mechanisms, software or other procedures that could have a negative impact on the stability of the Platform or abuse, block, modify the Platform or perform any other activities that could compromise its stability, operation or the data stored on it by the Operator or Users.

7. In the event that you breach your Obligations under these Terms and Conditions above, it is a breach of the Agreement, the Operator may, at its sole discretion, limit the scope of the Services provided to you by it, suspend the provision of the Services and/or, in justified cases of material breach of your obligations, terminate the provision of the Services, including by withdrawing from the Agreement.

1. Removal of User Content. The Operator shall be entitled to disable, delete or otherwise remove any User Content in the event that the conduct of the User or the User Content itself is in any way inconsistent with these Terms and Conditions, including but not limited to the User Content Policy, any law, or any decision of a public authority. In particular, the Operator shall be entitled to delete, remove, temporarily or permanently make unavailable or otherwise restrict the availability of any User Content.

2. Privacy in the use of the Services. Operator does not monitor the content of information transmitted or stored by it, User Content. The Operator is not obliged by law to actively search for facts and circumstances indicating the illegal content of User Content. Therefore, the Operator does not monitor, examine, open, moderate or analyze User Content in any way beyond the conditions set forth in the paragraph above. User Content uploaded to Events is shared according to the Event settings determined by the Event Organizer, and the Operator will respect the privacy settings chosen for each Event.

3. Changes and Limitations to the Free Services. The Operator is further entitled to temporarily or permanently limit the scope of the provision of the Free Services to Users or change the content of the Free Services in any manner and for any reason in its sole discretion. The Operator need not notify Users of any limitation in the scope or content of the Free Services.

4. Changes and limitations to Paid Services. The Operator may change or limit the Paid Services for the following reasons:

• a. Adding new features, functions and customization of the Platform and/or Services to achieve a higher degree of interoperability with other services and digital environments;
• b. Improving the operation of the Platform, its existing functionality and/or Services;
• c. Making the necessary technical changes to adapt the Platform and its functionalities to the new technical environment;
• d. Maintenance of the Platform, in particular to resolve technical problems of the Platform and/or to maintain its integrity and functionalities, in particular but not exclusively, in the form of an increase in the technical requirements for the operation of the Platform due to an increase in the number of Users or Events;
• e. Adaptation of the Platform or the Services to the obligations arising from applicable law, in particular (but not exclusively) due to changes in applicable legislation, the issuance of decisions by public authorities and/or the prevention of legal liability and/or damages;
• f. Repeated or material breach of the Terms by a particular User, consisting in particular but not exclusively in the uploading of objectionable content, without prejudice to the right of the Operator to remove User Content within the meaning of paragraphs 1. and/or 2. of this Section above;
• g. Exceptional unforeseen circumstances, events beyond the Operator's control (such as a pandemic, blackout, hacker attack, fire or explosion);
• h. Protecting or enhancing the security of the Platform and/or Services or User Content;
• i. Prevent and/or limit the Operator's potential liability to third parties;
• j. Creating, altering or reducing space for third party content (e.g. advertising);
• k. Transferring User Content to third parties within the meaning of paragraph 4. of Section III of these Terms;

5. If, as a result of a change or limitation to the Paid Services, Your access to the Paid Services is impaired in a non-significant way, the Operator will notify You of such change or limitation in reasonable time prior to its implementation. In the notice, the Operator will notify You of the nature of the change, the time of its implementation and the right to terminate the Agreement or, if applicable, the possibility of keeping the Service unchanged if the Operator decides to make it available to the User. In the event that you do not agree to the change or restriction, you may terminate the Agreement within thirty days from the date you were notified of the change or from the time the Service was changed or restricted by the Operator, whichever is later.

6. If you have established a User Account, the Operator will notify you via email message sent to the address you provided when you created the User Account of the reason for restricting access to the Services and, if applicable, ask you to correct the activity that caused it to contact you if that activity is the reason for the change or restriction of the Services and provide you with the ability to export User Content uploaded by you. If you do not take the steps we request after this notice, we will terminate or suspend your access to the Services. Operator will not provide you with the ability to export User Content uploaded by you if:

• a. You have violated these Terms;
• b. Any legal liability and/or damages have been or may be incurred by the Operator as a result of allowing you to export User Content; or
• c. If the export of User Content is prohibited by law and/or decisions of public authorities.

1. As part of certain Services, the Operator allows you to use applications that allow you to access the functionality of the Platform from your devices, including but not limited to web-based applications, Progressive Web Applications (PWA), synchronization tools, and other software applications (hereinafter referred to as "Operator Software").

2. Operator Software License. Subject to your compliance with these Terms, you are granted a limited and non-exclusive license by Operator to use the Operator Software solely for the purposes and in the manner necessary to enable you to use its functionality. In using the Operator's Software, you agree not to reverse engineer or decompile the source code of the Operator's Software, except as required by law.

3. Operator Software Terms. The terms and conditions under which you may use specific Operator Software, including a detailed and binding description of the scope and uses of the Operator Software licensed to you, may be contained in separate Terms of Use available within the user interface of the Operator Software or the Platform (the "Software Terms of Use"). This is without prejudice to the applicability of these Terms to the provision of Services via the Operator's Software, and in the event of a conflict between these Terms and the Software Terms of Use, the provisions of the Software Terms of Use shall prevail.

1. By using the Services, you acknowledge that the Platform and all of its components are the intellectual property of the Operator, who shall exercise all proprietary rights therein. In particular, the parts of the Platform that are works of authorship (especially but not exclusively Partoska) are protected by the Operator's copyrights.

2. Notwithstanding any provision to the contrary expressly to the contrary, the Operator does not grant or transfer to you any proprietary rights in the Platform or its components under any part of these Terms. User may not reproduce, modify, make available to the public, otherwise use or otherwise exercise any copyright or other proprietary right in the Platform or any part thereof without Operator's express consent.

1. The Operator places great emphasis on the protection of third party intellectual property rights and therefore aims to provide the Service to Users in a manner that does not lead to their infringement. For this reason, the Operator has taken measures to protect the intellectual property rights of such persons.

2. By using the Services, you agree not to infringe in any way the rights of third parties, including intellectual property rights in any content protected by them. Any activities by you during your use of the Services consisting of storing, uploading, transmitting or otherwise processing or using User Content may only be carried out in accordance with the law. In particular, you undertake not to use the Services for the unauthorised use of third party intellectual property, including but not limited to unauthorised disclosure, reproduction, disclosure to third parties and/or other unauthorised use.

1. Defective Content is removed by the Operator from the Platform after the Operator has become demonstrably aware of it and its defectiveness, in particular through a notification of defective Content (hereinafter referred to as "Notification"). The rules under which a notification of defective Content may be sent to the Operator are contained in the Notification Rules.

2. In the event that a Notice is not made in accordance with the Notification Rules, such Notice may not, in the circumstances of the case, result in the removal of the objectionable content by the Operator.

3. A User whose User Content has been removed or made inaccessible as a result of a Notification shall be entitled to send to the Operator, within seven (7) days of the date of removal or inaccessibility, a notice duly, fully and truthfully justifying that the User Content and its placement on the Platform is lawful (the "Contrary Notice"). The Operator may (but is not obliged to) use the information provided in the Counter-Notice to evaluate the next case of receipt of a Notification. The User acknowledges that the Operator is not obligated to make the removed or disabled User Content available again after receiving a Counter-Notice.

4. Users may also notify or flag suspected terrorist content to Operator using the above process.

1. The Operator is entitled to assign the Contract in whole or even in part to a third party. By concluding the Agreement, the User grants the Operator prior consent to its assignment, unless such assignment will lead to a deterioration of the User's position. If the assignment of the Agreement would lead to a deterioration of the User's position, the Operator shall notify the User of such assignment through its publication on the user interface of the Platform. In such a case, the User is entitled to withdraw from the Agreement within 14 days from the date on which the Operator published the notice of assignment, failing which the User shall be deemed to have accepted the assignment of the Agreement.

1. The Operator may unilaterally amend the wording of the Terms (and/or any part thereof) to the extent appropriate. The Operator shall inform you of such change in the Partoska user interface or in any other appropriate manner that allows you to become familiar with the change without undue inconvenience. Changes to the Terms shall take effect on the date specified by the Operator, provided that the changes shall only take effect with respect to You if You agree to the change to the Terms. Your continued use of the Operator's Services after the date specified by the Operator as the effective date of the changes to the Terms shall be deemed to be your consent. If you do not agree to the changes to the Terms, you must refrain from using the Operator's Services after the date specified by the Operator as the effective date of the changes to the Terms. If you do not agree to the changes to the Terms and you are a party to the Paid Services Agreement, you have the right to terminate the Paid Services Agreement. Contact Operator's technical support for information on how and under what conditions you can terminate the Paid Services Agreement for not agreeing to the changes to the Terms.

1. Disputes between the Operator and the Consumer, which could not be settled by mutual agreement, can be resolved through out-of-court dispute resolution. A list of entities for out-of-court resolution of consumer disputes is maintained by the Ministry of Industry and Trade, and in particular the Czech Trade Inspection Authority (www.coi.cz) may be contacted in this matter. The rules for out-of-court settlement of consumer disputes are contained in particular in §20d et seq. of Act No. 634/1992 Coll., the Consumer Protection Act.

1. These Terms and Conditions are governed by the laws of the Czech Republic.