Terms and Conditions

of SWORP a.s.

This is a translated version of the legal document in Czech. In case of any discrepancies or differences between the translated version of these terms and conditions and the original Czech version, the Czech version shall prevail and be considered the correct and legally binding version.

Company Registration Number (IČO): 17216621

Registered Office: Hybernská 1007/20, Nové Město, 110 00 Praha 1

Registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 27355

Contact Email: [email protected]

Contact Phone: 228 229 645 (hereinafter referred to as the “Provider“)

for the provision of services through the Sworp Rent application available on the website: http://rent.sworp.com

I. Basic Provisions

• The Provider operates a software application named Sworp Rent available on the website http://rent.sworp.com, which serves as an administrative tool for managing a property portfolio (hereinafter referred to as the “Application“). A detailed specification of the Application and its individual functionalities is provided in the Application on the website http://rent.sworp.com (hereinafter referred to as the “Website“). The Application is the Provider’s copyrighted work under Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright, and on the Amendment of Certain Laws (hereinafter referred to as the “Copyright Act“).

• The Application user may be a natural person – consumer, natural person – entrepreneur, and legal entity (hereinafter referred to as the “User“). The condition for using the Application is registration and the creation of a user account in the Application.

• These terms and conditions (hereinafter referred to as the “Terms and Conditions“) govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code“), the mutual rights and obligations of the Provider and the User when using the Application and in connection therewith, especially the rights and obligations arising from the contract for the provision of digital content under the provisions of Section 2389a et seq. of the Civil Code (hereinafter referred to as the “Contract“).

• The condition for using the Application is agreement with these Terms and Conditions. The User agrees to the Terms and Conditions when registering in the Application.

• The Terms and Conditions are an integral part of the Contract. Divergent provisions in the Contract take precedence over these Terms and Conditions.

• The Provider points out, and the User acknowledges, that the Provider is entitled to unilaterally change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous wording of the Terms and Conditions. The User agrees and declares that they have acquainted themselves with the current wording of the Terms and Conditions upon first logging into the Application after the change in the Terms and Conditions. In the event that the Provider changes the Terms and Conditions during the term of the Contract, it is understood that if the User does not request the deletion of their user account in the Application (thereby terminating the Contract), they agree with the new wording of the Terms and Conditions, and the relationship established by the Contract will be governed by the new wording of the Terms and Conditions from the effective date thereof.

II. Information about the Application, Method of Contract Conclusion

• All presentations of the application and its individual plans placed on the website are for informational purposes only, and the provider is not obliged to conclude a contract with the user. Any offer of individual application usage plans placed on the website is non-binding, and the provider is not obligated to conclude a contract with the user (the provisions of Section 1732(2) of the Civil Code do not apply).

• The website contains all information about the application, the individual plans of the application, and the prices of the plans. Prices are listed including VAT and all related fees. Prices remain valid for as long as they are displayed on the website. This provision does not preclude the conclusion of a contract under individually agreed terms.

• The contract between the provider and the user is concluded by the completion of the user’s registration in the application.

• By the contract, the provider undertakes to make the application available to the user for use through the user account, and the user undertakes to pay the agreed price for the use of the application.

• The costs incurred by the user when using remote communication means in connection with the conclusion of the contract (costs of internet connection, costs of phone calls) are borne by the user. These costs do not differ from the basic rate.

• The provider informs the user, and the user acknowledges, that if the provider has outstanding financial or non-financial claims against the user, the provider is entitled to restrict the user’s access to the application until the user fulfills all obligations to the provider.

III. Registration in the Application, User Account

• The user can access the user interface of the application available at http://rent.sworp.com (hereinafter referred to as the “website“) exclusively through a user account after prior registration in the application.

• When registering in the application, the user is obliged to provide the provider with correct and truthful information. The user is required to update the information in the user account in case of any changes. The information provided in the user account is considered correct by the provider. The user is also obliged to familiarize themselves with these terms and conditions upon registration and to comply with them when using the application. If the user does not agree with the terms and conditions, they must immediately leave the website and refrain from using the application.

• Access to the user account is secured by a username in the form of an email address and a password. The user is required to maintain the confidentiality of the information necessary to access their user account. The provider is not responsible for any misuse of the user account by third parties.

• The application allows for the linking of individual user accounts. A description of the activities that one user can perform in another user’s account is provided on the website.

• The provider is entitled to delete the user account if the user does not use it for more than one year. The provider is also entitled to delete the user account if the user violates these terms and conditions. The user is also entitled to request the provider to delete the user account; the request should be sent to the email address provided in these terms and conditions. The provider is obliged to delete the user account without undue delay upon receiving the request.

• The user acknowledges that the application and the user account may not be available continuously, especially due to the necessary maintenance of the provider’s hardware and software, or the necessary maintenance of third-party hardware and software.

IV. Application Usage Fee and Payment Terms

• The fee for using the application (hereinafter referred to as the “fee“) and the description of the individual application plans are provided in the price list on the website https://www.sworp.com/cz/rent/cenik/. The provider is entitled to unilaterally change the price list. The change in the price list becomes effective on the date of its publication unless the provider specifies a later effective date for the change.

• The user is entitled to change the application plan they use at any time. The change in the plan becomes effective on the date the change is made.

• The user pays the fee regularly on a monthly basis, always retrospectively for the previous period corresponding to the length of one calendar month.

• The user will pay the fee via an online payment card through automated recurring payments (via the Stripe payment gateway) or by bank transfer. The payment process is governed by the terms and conditions of the payment gateway provider, Stripe, Inc.

• By registering, the user agrees to the establishment of an account on the Stripe payment gateway. By paying for a paid plan, the user authorizes the automatic deduction of the fee for the period during which the user used the application from the user’s payment card uploaded to the Stripe payment gateway.

• The user can terminate the automated recurring payments only by discontinuing the use of the application (by submitting a request to delete the user account) or by changing the plan to a free application plan (if offered by the provider).

• The fee is considered paid on the day it is credited to the provider’s bank account.

• Upon crediting the fee to the provider’s bank account, the provider will issue a tax document – an invoice. The tax document is sent to the user’s email address provided in the user account.

V. Application Access, Contract Duration, Contract Termination, and Withdrawal

• The application will be made available to the user without undue delay after completing the registration. By registering for the application, the user, who is a consumer, explicitly consents to the provider making the application available as digital content before the expiry of the statutory 14-day withdrawal period. This consent is given by the user by ticking the “I agree to the terms and conditions” checkbox during registration. The user, who is a consumer, acknowledges that by granting this consent, in accordance with the provisions of Section 1837 (l) of the Civil Code, they waive their right to withdraw from the contract.

• A user who is a consumer is entitled to withdraw from the contract in accordance with the provisions of Section 2389h of the Civil Code. The user is entitled to withdraw from the contract if the provider is in default of making the digital content available and fails to fulfill their obligation without undue delay after being requested by the user to do so, or within an additional period agreed upon by the parties. The user is entitled to withdraw from the contract without an additional period if it is apparent from the provider’s declaration or the circumstances that the provider will not provide the digital content, or if it follows from the parties’ agreement or the circumstances at the time of the contract that performance at the specified time is essential.

• A user who is a consumer can withdraw from the contract by filling out a template form, which is available for download on the website. In the event the user withdraws from the contract, the user is obliged to pay a proportionate part of the fee for the use of the application for the corresponding calendar month in which the user withdraws from the contract, in accordance with the provisions of Section 1834 of the Civil Code. The provider will also delete the user’s account.

• The contract is concluded for an indefinite period. The user is entitled to terminate the contract at any time by sending a termination notice to the provider’s email address provided in these terms and conditions. In the event of contract termination by the user, the provider is obliged to delete the relevant user account without delay.

VII. Rights Regarding Defective Performance Related to the Application

• The rights and obligations of the contracting parties regarding the provider’s liability for defects are governed by the relevant generally binding regulations (particularly the provisions of Sections 1914 to 1925 of the Civil Code, and in the case where the user is a consumer, also by the provisions of Section 2489g et seq. of the Civil Code and the relevant provisions of Act No. 634/1992 Coll., on Consumer Protection).

• The provider is liable to the user that the application is free from defects at the time of provision. The provider is also liable to the user that the application corresponds to the agreed description and scope, as well as quality, functionality, compatibility, interoperability, and other agreed properties, and is suitable for the purpose for which the user requires it and with which the user agreed.

• The user can point out a defect that manifests or occurs in the application during the term of the contract.

• If the user finds that the application has a defect, they are obliged to report this defect to the provider without undue delay. The provider is obliged to remove or repair the defect no later than 30 days from the day the defect notification is delivered to them.

• The provider warns, and the user acknowledges, that for the proper use and functioning of the application, it is necessary for the user to have appropriate hardware and software equipment (an internet browser) and an Internet connection. If the user does not have the aforementioned equipment, the provider is not obliged to prove that the application is provided without defects.

VIII. Special Provisions for Rights Concerning Defective Performance Related to the Application in Relation to Users Who Are Consumers

• If the application as digital content has a defect, the user may request its removal unless it is impossible or disproportionately expensive; this will be assessed mainly concerning the importance of the defect and the value the digital content would have without the defect. The provider is obliged to remove the defect within a reasonable time after its notification, without causing significant inconvenience to the user, considering the nature of the digital content and the purpose for which the user requested it.

• The user may request a reasonable discount or withdraw from the contract if:
  • The provider has not removed the defect according to paragraph 2 of this article of the terms and conditions, or it is apparent from the provider’s statement or circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the user.
  • The defect appears even after removal.
  • The defect is a substantial breach of the contract.

• A reasonable discount is determined as the difference between the value of the defect-free digital content and the defective digital content provided to the user. If the digital content is to be provided for a certain period, the period during which it was provided defectively is taken into account; the user is entitled to a discount even if they withdraw from the contract.

• The user cannot withdraw from the contract if the defect in the digital content is insignificant; it is assumed that the defect is not insignificant.

• If the user withdraws from the contract, they must refrain from using the digital content, including providing it to third parties. The provider may prevent the user from further use of the digital content, particularly by making the digital content or the user account inaccessible.

• Monetary amounts that the provider is required to refund to the user due to defective performance will be returned by the provider at its own expense without undue delay, but no later than fourteen days from the day the user exercised the relevant right concerning defective performance with the provider. The same method used by the user to pay the subscription will be used unless the user explicitly agrees otherwise and incurs no additional costs.

• When exercising the right concerning defective performance (complaint), the user must specify the defect or describe how it manifests and how they request the complaint to be resolved. The user shall submit the complaint to the provider’s email address specified in these terms and conditions.

• The user entitled to the right concerning defective performance is also entitled to reimbursement of expenses reasonably incurred in exercising this right. If the user does not claim the right to reimbursement within one month after the period in which the defect must be reported, the court will not grant the right if the provider objects that the right to reimbursement was not claimed in time.

IX.  Rights Concerning Defective Performance of Supplementary Services

• If supplementary services are provided defectively, the user has rights concerning defective performance. The provider is obligated to fulfill supplementary services properly.

• The user must exercise the right concerning defective performance without undue delay after having the opportunity to inspect the performance and detect the defect, either by specifying the defect or by notifying how the defect manifested. The defect must be reported within six months from the delivery of the supplementary service.

• If the defect is removable, the user may demand either repair, supplementation of what is missing, or a reasonable discount on the price. If the defect cannot be removed and the subject of performance cannot be properly used because of it, the user may either withdraw from the contract or demand a reasonable discount on the price.

• When exercising the right concerning defective performance (complaint), the user must specify the defect or describe how it manifests and how they request the complaint to be resolved. The user shall submit the complaint to the provider’s email address specified in these terms and conditions.

• The user entitled to the right concerning defective performance is also entitled to reimbursement of expenses reasonably incurred in exercising this right. If the user does not claim the right to reimbursement within one month after the period in which the defect must be reported, the court will not grant the right if the provider objects that the right to reimbursement was not claimed in time.

X.  Limitation of Liability

• The provider is not liable for any damage incurred by the user as a result of entering factually or legally incorrect information into the application.

• The provider is also not liable for any damage incurred due to the website or application being unavailable because of technical problems on the provider’s or third parties’ side, or due to unforeseen circumstances beyond the provider’s control (force majeure).

• In other cases, the provider’s liability for any damage incurred by the user is limited to the amount of the price in the relevant calendar month in which the damage occurred.

• The user is liable to the provider for any damage incurred as a result of violating the contract and these terms and conditions.

XI. Terms of Use of the Application

• The user is authorized to use the application solely for the purpose stated in these terms and conditions. The user may not use the application for purposes that would violate legal regulations.

• The user is not authorized to provide access to the application to third parties except individuals for whom the user has created a sub-account in accordance with these terms and conditions.

• The user must not use procedures during the use of the application that could have a negative impact on its operation. The user must not engage in any activity that could allow unauthorized interference or unauthorized use of the software or other components comprising the application, and must not use the application or its parts or software in a manner contrary to its purpose or intended use.

• The user acknowledges that the application is a copyrighted work under copyright law and is protected by copyright. The user undertakes not to engage in any activity that could allow unauthorized use of the application.

• The user must not copy, reproduce, or duplicate the application or its parts in any way, nor distribute duplicates of the application or its parts.

• The user must not modify the source code of the application in any way, conduct reverse engineering, decompile, convert the source code of the application, or allow access to the source code of the application to any third party.

• The user must not mimic the application or its parts and functionalities in any way.

• In the event of a breach of the terms under this article of the terms and conditions, the user is obligated to pay a contractual penalty to the provider in the amount of 100,000 CZK. The contractual penalty is due within 5 working days from the delivery of the request for its payment. The provision regarding the contractual penalty does not affect the right to compensation for damages caused by the user’s breach of these terms of use of the application.

• The obligations under paragraphs 1 to 8 of this article continue even after the termination of the contract.

XII. Changes to the Application

• The provider is authorized to change the application based on justifiable reasons (particularly to add, modify, restrict, or cancel individual functionalities of the application), especially in cases of improving the current level of application functionalities or due to changes in legal regulations.

• In the event that a change to the application significantly impairs the user’s access to the application or its use, the provider will notify the user within a reasonable period before implementing the change to the email address provided in the user’s account. The notification will include information about the nature of the change, the timing of its implementation, and the right to terminate the contract in accordance with paragraph 3 of this article of the terms and conditions.

• The user may terminate the contract without penalty if the change to the application significantly impairs the user’s access to the application or its use, and this termination must occur within 30 days from the date on which the user was informed of the change or from the moment the application was changed, whichever occurs later. The provisions of Sections 2389n to 2389p of the Civil Code shall apply mutatis mutandis to the termination of the contract.

XIII. Information on Compatibility and Interoperability

• The application and website are provided in Czech, English, and Spanish languages.

• The application is accessible to the user on the website after prior registration.

• The company is not obligated to provide updates to the application.

• To use the application, the user must have access to the Internet and an installed web browser.

• The use of the application is compatible with common operating systems that enable Internet connection and browsing.

• The user is authorized to use the application for personal as well as commercial purposes.

XIV. Personal Data Protection

• For more information on the processing of personal data, please refer to the Privacy Policy at https://www.sworp.com/cz/ochrana-soukromi/.

XV. Concluding Provisions

• The provider and the user may mutually deliver documents related to the contract via electronic mail (e-mail). The provider delivers to the user at the “e-mail address” specified in their user account. The user delivers to the provider at the “e-mail address” specified in these terms and conditions.

• All agreements between the provider and the user are governed by the laws of the Czech Republic. If the relationship established by the contract includes an international element, the contracting parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect consumer rights arising from mandatory legal provisions.

• If the user is not a consumer, the provisions of Sections 2389a to 2389u of the Civil Code shall not apply to the contract.

• The user assumes the risk of changing circumstances within the meaning of Section 1765(2) of the Civil Code.

• The rights and obligations under the contract may be assigned by the user to a third party only with the prior consent of the provider.

• The rights and obligations under the contract may be assigned by the provider to a third party without the prior consent of the user.

• The contract concluded between the user and the provider is stored in electronic form and is not accessible.

• The Czech Trade Inspection, with its registered office at Štěpánská 796/44, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the provider and the user arising from the contract.

• The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

• The provider is authorized to conduct business based on a trade license. The relevant trade licensing authority conducts trade supervision within its competence. The Czech Trade Inspection, among other tasks, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.

• Users may send complaints to the provider at the “e-mail address” specified in these terms and conditions. The provider subsequently informs the user about the handling of the complaint to the “e-mail address” from which the complaint was sent.

These terms and conditions enter into effect on May 10, 2024.

This is a translated verison of the legal document in Czech. In case of any discrepancies or differences between the translated version of these terms and conditions and the original Czech version, the Czech version shall prevail and be considered the correct and legally binding version.