TERMS OF USE OF THE TOGETU APPLICATION AND OTHER PRODUCTS

(“Terms of Use”)

1. GENERAL PROVISIONS

1.1These Terms apply to the use of the Togetu application (hereinafter referred to as the “Togetu App”), the website https://togetu.com/, and any other products or services operated under the Togetu brand (collectively referred to as the “Products”).

1.2The Products are owned (or otherwise lawfully controlled) and operated by Quack 3 eggs s.r.o., with its registered office at Mánesova 1649/86, Vinohrady, 120 00 Prague 2, ID No.: 224 50 963, registered in the Commercial Register administered by the Municipal Court in Prague under File No. C 416743 (hereinafter referred to as “Quack 3 eggs”, “we”, “us”, “our”, etc.).

1.3By using, accessing, or otherwise engaging with any Product, you fully and unconditionally accept these Terms of Use and agree to be bound by them. If you do not agree to these Terms of Use, you are not permitted to use the Products.

1.4These Terms of Use also include the Privacy Policy (available here, hereinafter referred to as the “Privacy Policy”). By accepting these Terms of Use, you also accept and agree to be bound by the documents referred to in the first sentence of this section (collectively, these documents and the Terms of Use shall be referred to as the “Documents”).

2. ELIGIBILITY TO CREATE A USER ACCOUNT

2.1In connection with the use of certain Products (specifically the Togetu App), it is necessary to create a user account (hereinafter referred to as the “User Account”). Each User Account is linked to a specific natural person as the user of that User Account. You may create a User Account provided that:

aYou are a natural person over 18 years of age;

bYou are not subject to any legal limitation of capacity that would prevent you from creating a User Account or using the Products;

cThere is no legal obstacle preventing you from creating and using a User Account;

dYour User Account has not previously been blocked, deactivated, or otherwise suspended by us, and you have not been excluded from using our Products;

eYou do not have more than one User Account.

2.2In connection with the use of your User Account (or the Products in general), you agree and undertake to comply with the following (for the avoidance of doubt, by agreeing to a particular provision, you express your intention to use the Togetu Application and other Products in accordance with it):

aYou agree to comply fully with all provisions set out in the Documents;

bYou agree to comply with all applicable laws and regulations;

cYou agree that when providing your personal information in connection with the setup of your User Account and your User Account profile, you will provide only accurate and non-misleading information and will not disclose any information you are not authorized to provide (including, but not limited to, confidential information or information whose disclosure would violate privacy or other rights of third parties). You also agree not to provide or publish any prohibited content (as defined below in these Terms of Use);

dYou agree not to use the Products in any way that could harm or infringe upon the legitimate rights or interests of other users or Quack 3 eggs;

eYou agree not to use the Products for or in connection with any prohibited purpose;

fYou agree not to harass, bully, stalk, harm, or otherwise cause injury to anyone in any form while using the Products;

gYou agree not to use the Products in a way that could damage or negatively affect the Products or any related matters (including their functionality or reputation). You also agree not to develop or implement any program, software, or similar tool that would in any way interfere with the Products or their content;

hYou agree not to use the Products in any way contrary to good manners, good morals, or any other public interest;

iYou agree to use only your own User Account and not that of another user, nor to impersonate another user;

jYou agree not to collect, process, or distribute any data (including, but not limited to, personal data) of other users without proper legal authorization, and not to manipulate any identifiers that indicate that such personal data or other information was obtained from the Products;

kYou agree not to infringe the intellectual property rights of other users, Quack 3 eggs, or any third parties holding copyrights or other rights in relation to the Products;

lYou agree not to attempt to gain access to passwords or User Accounts of other users;

mYou agree not to conduct any political campaigning through the Products;

nYou agree not to use metatags referencing the Products or Quack 3 eggs in connection with your own or others’ products, and not to use practices such as doorway pages, structured data spam, open graph spoofing, brandjacking, or similar tactics in relation to Quack 3 eggs or the Products;

oYou agree not to attempt, directly or indirectly, to perform reverse engineering, decompilation, disassembly, or otherwise attempt to obtain or reveal the source code, internal structure, or algorithms of the Products, nor to modify the Products in any way;

pYou agree not to conduct any testing aimed at identifying or breaching the security level of the Products;

qYou agree not to offer any services or benefits to other users of the Products, including but not limited to loans, credits, financial products, or membership in fraudulent schemes. Likewise, you agree not to request any consideration or benefit from other users, including financial contributions in any form (such as donations, loans, or credits);

rYou agree not to offer or request any sexual or erotic services;

sYou agree not to create or imply the impression that any of your opinions or statements represent those of Quack 3 eggs, and not to affiliate yourself with or claim endorsement by Quack 3 eggs in any way;

tYou agree not to represent Quack 3 eggs or create the impression that you are authorized to represent it;

uYou agree not to use any manual or automated means (such as bots, crawlers, or proxies) to collect, index, or mine data in bulk, or to circumvent navigation, interfaces, or the structure of the Products;

vYou agree not to falsely accuse anyone of violating the Documents;

wYou agree not to embed any parts of the Products into your own products or duplicate any part of the Products (i.e., you agree to refrain from framing or mirroring);

xYou agree to follow the instructions of Quack 3 eggs in connection with your use of the Products (including, without limitation, any instruction to remove content obtained from the Products or to cease any activity or remove any state that violates the legitimate interests of Quack 3 eggs or its users);

yYou agree not to encourage, induce, enable, or assist others in performing any prohibited activities in relation to the use of the Products under the Documents.

3. PROHIBITED CONTENT

3.1It is prohibited to upload or share the following content on the Products (particularly in connection with creating or completing your User Account and your profile). The term “content” also includes user communications within the Products:

aContent that is obscene, vulgar, pornographic, harassing, violent, threatening, hateful, extremist, fanatical, discriminatory, xenophobic, racist, sexist, homophobic, false, misleading, containing nudity, or otherwise offensive;

bContent that could cause harm, damage, or otherwise interfere with the rights (including general personality rights) of another person;

cContent to which another person holds any rights and for which consent to upload or share has not been granted (where such consent is required);

dContent that is contrary to law, good manners, or good morals;

eContent that constitutes any form of advertising or relates to commercial activities (including, but not limited to, calls to participate in competitions, promotions, etc.);

fContent that could damage, disrupt, or alter the Products or any property of Quack 3 eggs;

gContent requiring consent from another person for upload or sharing where such consent has not been granted, or content that otherwise violates the rights of any person;

hContent that constitutes political campaigning;

iContent that is inconsistent with the purpose of the Products;

jContent that could harm the Products or Quack 3 eggs;

kAny inappropriate content, acknowledging that Quack 3 eggs reserves the right, at its sole discretion, to designate any content or category of content as inappropriate;

lContent that promotes or supports any of the above-listed forms of prohibited content (e.g., content inciting or encouraging violence, xenophobia, or harm to others, including self-harm etc.).

3.2If you cease to meet or even partially breach any of the obligations or conditions set out in Sections 2 or 3 of these Terms of Use, you are obliged to immediately delete your User Account. Otherwise, we have the right to delete your User Account (without prejudice to our right to do so in other cases provided for in the Documents).

3.3If you believe that any content uploaded by another user of the Togetu App within the Togetu App is illegal, you may contact us here. In your notice, you must include in particular:

aAn explanation of the reasons why you believe the content constitutes illegal material;

bA clear reference to the exact electronic location of such content that allows us to identify it;

cYour identification and email address as the notifying party;

dA statement that you are submitting the notice in good faith and that the information provided in the notice is accurate and complete.

3.4Upon receiving such notice:

aWe will send you electronic confirmation of receipt without undue delay;

bWe will, without undue delay after deciding on the notice, inform you of the outcome of our decision regarding the notice.

3.5We assess notices objectively and in a timely manner, and we will aim to make our decision without undue delay, but no later than within 30 working days from the date we send you confirmation of receipt. If, in our opinion, the notice is incomplete, we reserve the right either to decide based on the information provided or to contact you for completion. In exceptional cases, this period may be extended, particularly due to the complexity of the case or incomplete information provided.

3.6If we decide to remove content from the Togetu App, we will, in accordance with applicable law, provide you — as the affected service recipient — with a specific explanation of our decision, including whether we found the content to be illegal or incompatible with these Terms of Use. The explanation will include at least:

aA description of the action taken regarding the content (e.g., removal, restricted visibility, disabled access, etc.);

bThe facts and circumstances on which our decision is based, including whether the decision was made following a notice under Section 3.3 of these Terms of Use;

cA reference to the relevant legal basis and an explanation of why we determined the content to be illegal, or information on why the content was deemed incompatible with these Terms of Use;

dClear information on available remedies or further details on how we handle complaints.

4. ADDITIONAL PROVISIONS REGARDING CONTENT

4.1Each user bears personal responsibility for any content that they upload or share through or in connection with the Products.

4.2By uploading any content through or in connection with the Products, you declare that, to the best of your knowledge and belief, such information is accurate and that you have obtained all necessary consents, licenses, or other authorizations required for its upload, publication, or sharing.

4.3By uploading and sharing information associated with your public profile within your User Account, you acknowledge that such information will be publicly accessible.

4.4Each user bears personal responsibility for any of their actions in relation to the use of the Products.

4.5No user has any rights to the content of other users or to the content of Quack 3 eggs, unless otherwise provided in the Documents, by applicable law, or by an agreement between the relevant parties. You may use the content of other users (and other users may use your content) solely in accordance with the purpose of the Products.

4.6Further information on how we handle your content can be found in the Privacy Policy (available here).

5. LICENSE

5.1For the duration of your use of the Products, Quack 3 eggs grant you a personal, non-transferable, worldwide, completely free (unless otherwise stated), non-exclusive, and revocable license to access and use the Products in accordance with their intended purpose, the Documents, and applicable law (hereinafter referred to as the “License”).

5.2If you breach any provision of the Documents — in particular, but not limited to, those set out in Sections 2 and 3 of these Terms of Use — the License and any other authorization to use or access the Products shall be immediately and automatically terminated. In such case, you are obliged to delete your User Account without delay. Otherwise, we reserve the right to delete your User Account (without prejudice to our right to do so in other cases provided for in the Documents).

5.3For the sake of clarity, if you breach any provision of the Documents — in particular, but not limited to, those set out in Sections 2 and 3 of these Terms of Use — Quack 3 eggs, in addition to the procedure described in Section 5.2, is also entitled to temporarily suspend your access to your User Account. For the avoidance of doubt, such suspension shall be deemed a termination of your License followed by the potential granting of a new License, and it shall be entirely at the discretion of Quack 3 eggs to determine how to address the breach of these Terms of Use or other Documents.

6. RIGHTS OF QUACK 3 EGGS

6.1By creating a User Account and/or using the Products, you grant Quack 3 eggs a worldwide, perpetual, transferable, sublicensable, completely free license (hereinafter referred to as the “Our License”) to any content that you upload to or share through the Products, including any content you make available to us through third-party sources. This license includes in connection to your content the right to host, store, use, copy, display, reproduce, modify (including adapting, editing, translating, and reformatting), incorporate into other works, publish, promote, distribute, and make such content available to the public — in whole or in part, by any means, and in any existing or future medium.

6.2Our License to your content is non-exclusive, except with respect to exclusive rights over derivative works. Our License under this section is limited by the applicable mandatory provisions of law and the terms of the Documents, in particular, the Privacy Policy. In the event of a conflict between this section of the Terms of Use and the Privacy Policy or applicable law, the rule that is more favorable to you and provides you with a higher level of protection shall always apply.

6.3Unless otherwise required by law, Quack 3 eggs is under no obligation to take any action regarding the use of your content by other users or third parties.

7. TERMINATION OF USER ACCOUNT

7.1Every user has the right to delete their User Account at any time. If you need assistance with deleting your User Account, please contact us using the method specified in the Privacy Policy.

7.2Quack 3 eggs reserves the right to terminate your User Account at any time without compensation (or, at its discretion, to take less severe measures, such as temporarily suspending your User Account) if it believes that you have violated any provision of the Documents, the law, or have otherwise acted inappropriately in the opinion of Quack 3 eggs.

7.3Quack 3 eggs has the right to use all available means to enforce compliance with the Documents.

8. LIABILITY

8.1The liability of Quack 3 eggs in connection with the Products and their use is excluded and/or limited to the maximum extent permitted by law. In particular, Quack 3 eggs (including its employees or any other persons who may subsequently have a right of recourse against Quack 3 eggs in connection with such liability) shall not be liable for:

aAny conduct or actions of users in connection with the use of the Products;

bAny content uploaded or shared by users through the Products, including chat and private message content;

cThe content of user accounts, including its accuracy, legality, or any other conformity with applicable standards;

dAny hacking attacks, unauthorized access to User Accounts, or misuse of information and/or personal data;

eThe availability, functionality, error-free operation, or defect-free nature of the Products;

fAny damage to your device, other hardware, software, or other technology in connection with the use of the Products, for any reason whatsoever;

gThe Products achieving their intended purpose for you (for example, in the case of the Togetu App, meeting a compatible person).

8.2For the avoidance of doubt, we shall not be liable for any losses or other damages related to the above.

9. OTHER PROVISIONS

9.1Quack 3 eggs reserves the right to request verification of your identity at any time by means of an identification document (particularly in cases where there is suspicion that you were previously excluded from using the Products — for example, through deletion of your User Account — or if we believe you are not the person you claim to be).

9.2Where permitted by applicable law, the Documents and the rights and obligations arising therefrom shall be governed by the laws of the Czech Republic, and all disputes arising therefrom shall be resolved by the courts of the Czech Republic. This is without prejudice to consumer rights and other rights under mandatory national laws and European Union law, including those relating to jurisdiction and applicable law.

9.3To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Quack 3 eggs, its affiliates, employees, and officers from and against all claims, damages, losses, costs, and liabilities (including reasonable legal fees) arising out of or in connection with your access to or use of the Products, or your conduct in connection with such use.

9.4Subject to the foregoing, please note that we do not verify the identity of users, the accuracy or truthfulness of uploaded content, or other facts (such as user credibility), except where required by law or upon receipt of a specific notice.

9.5Each user is responsible for how they interact with other users. If another user behaves inappropriately, terminate contact and report such behaviour to us using the method described in the Privacy Policy.

9.6Each user is obliged to act in a way that minimizes any potential harm that may occur to them. Quack 3 eggs bears no liability for the behaviour of users in connection with their use of the Products.

10. FINAL PROVISIONS

10.1By using or accessing the Products in any way, you accept and agree to be bound by the Documents. If you do not agree with any provision of the Documents, you are not authorized to use the Products.

10.2The use of masculine, feminine, or neuter gender in singular or plural form in any of the Documents shall refer to all genders and both singular and plural forms in all applicable combinations.

10.3These Terms of Use or other Documents may be amended from time to time. You will be informed in advance of any changes before they take effect, via the contact details you have provided. By continuing to use the Products in any way after changes to the Terms of Use or other Documents have been made, you indicate your agreement with such changes and your intention to be bound by the updated version. If you do not agree with the changes, you are no longer authorized to use the Products.

10.4If you wish to contact us regarding any of the Documents, you may do so in the manner described in the Privacy Policy.

10.5If you believe that another user (or even we) has violated any of the Documents, please contact us in the manner described above.