Terms and Conditions of Use of the Locura Application

These Terms and Conditions set out your rights and obligations in relation to your use of the Locura Android application (hereinafter the “Application”). Your use of the Application is conditional on your acceptance of these Terms and Conditions; please read these Terms and Conditions carefully before confirming your acceptance by registering. If you do not agree to these Terms and Conditions, you are not authorized to use the Application. 

1. Introductory provisions 

Operator of the Application is the business company Project Port s.r.o., ID No.: 141 90 541, with its registered office at Lublaňská 267/12, Vinohrady, 120 00 Prague 2, Czech Republic, registered in the Commercial Register at the Municipal Court in Prague, File No C 361826 (hereinafter the “Operator”). 

The primary objective of the Application is cultural enrichment of users, in the form of a database of audio stories with different themes (history, architecture, legends, etc.). The Application can be used as a regular user or as a contributor/guide. Regular users can listen to recordings related to different places, rate their quality and report any discrepancies. The database is made up of recordings from different users, so their quality may vary. To get a better idea of the quality of the recordings, the ratings are used. The Application can also be used as a contributor/guide, to whom the application can also serve as a source of income. The rewards for the guide are based on the current price list and the number of paid plays of their recordings. To obtain a guide profile, you need to send a request through the Application.  

2. Registration and user account 

In order to use the Application, you must go through a registration process that results in the creation of your user account.  

The registration process requires you to provide certain personal information about yourself. This will be handled by the Operator in accordance with the Privacy Policy [locura.guide/gdpr]. The user is not allowed to share their user account access data with third parties or transfer their account to third parties without the express consent of the Operator. 

It is possible to use other, existing user accounts on other platforms (Facebook, Google,…) to create a user account. 

If the user wishes to use the Application not only to view content but also to share it (i.e., as a Guide – see above), the Operator may require additional data beyond the “basic” user registration. 

All information provided by the user to the Operator shall be deemed true and accurate by the Operator. The user is not entitled to claim against the Operator that the information provided was false or inaccurate and cannot base any claim for performance against the Operator on such claim. 

The user is not entitled to create multiple user accounts in the Application. If such fact is detected by the Operator, the Operator reserves the right to block the accounts created by the same user in the Application. 

By registering, the user represents and warrants that all information provided to the Operator is true, accurate, current and complete. If there are any changes in the information provided, the user is obliged to notify the Operator immediately. 

By registering, the user confirms that they are a person whose legal capacity is not limited to the extent that would preclude the use of the Application. If the user’s legal capacity is limited (whether due to age or for any other reason) and applicable law requires the consent of a public authority, legal representative, guardian or other person in a similar position to register and use the Application, the user must obtain such consent before registration; otherwise, the user is not entitled to use the Application. 

The Operator reserves the right to block the user account, in particular, it is entitled to do so in the event that the user violates these Terms and Conditions or other agreements between the user and the Operator. The Operator shall also block the user account at the request of the user; the user shall have the right to request the Operator to block the user account at any time, and the Operator shall comply with such request within 30 days of its submission.  

3. Basic terms of use of the Application 

The Application may be used only for the purpose for which it was created by the Operator. The Application may not be used in contravention of applicable law, these Terms and Conditions and other documents created by the Operator. 

Any commercial activities of the user that have not been expressly approved by the Operator are prohibited.  

The user is not allowed to use any automated access to the Application (e.g., by means of a bot, script or other similar means). 

All actions of users made through the Application, whether towards the Operator or other users, must be in accordance with applicable law, public order and good morals. Users are obliged to take into account that the Application may be used by persons under 18 years of age. 

If the user violates the above conditions, the Operator is entitled to block their user profile and access to the Application (including permanently). 

4. Guides and content shared by them 

As stated above, the Application serves as a platform for sharing content, in the form of audio, photos/images and written text. Such content can only be shared by users with Guide status. Any user can request the Operator to grant Guide status. Whether or not such a request is granted is at the sole discretion of the Operator; therefore, no user has any claim to be granted Guide status. The Operator is also entitled to withdraw the status of Guide from any user at its sole discretion. 

By sharing content, the Guide grants the Operator a non-exclusive, worldwide, perpetual, transferable, assignable, royalty-free license to use, host, store, reproduce, modify, disclose, publish and publicly perform all content protected by the Guide’s intellectual property rights. The license granted by the Guide shall continue regardless of the Guide’s other activity on the Application. The license continues even if the Guide’s user account is blocked. 

Guides are only allowed to share content that is consistent in nature with the purpose for which the Application was created. This is to share historical facts, stories and trivia related to a particular place. In this sense, the Application distinguishes between different categories of shared content (e.g., architecture, legends, history, personalities, etc.). 

The choice of the language in which the content will be presented to users is purely at the discretion of the Guide. However, in the case of audio, the Guide is obliged to indicate in advance the language of each of its contributions, which must be the language that the Guide explicitly indicates on its profile as the language it speaks.  

The Operator is not responsible for the content that users post through the Application. However, the Operator reserves the right to refuse to publish content that, in its opinion, does not comply with the rules set by the Operator or contravenes applicable law (hereinafter the “Infringing Content”). 

The Infringing Content means in particular content that violates intellectual property rights or personality rights of another person, applicable law, public order, good morals, these Terms and Conditions or any other agreements between the user and the Operator. By posting content, the Guide warrants to the Operator that it has all private and public law rights to do so and that it is not the Infringing Content. 

With the exception of content that infringes on the intellectual property rights and personality rights of others, Guides agree to refrain from publishing in particular the following content: 

– pornography, 

– violence, 

– false and patently untrue information, 

– spam, 

– hateful or offensive content, 

– promotion of criminal activities and other unlawful acts. 

If the Guide refers to the work of another person protected by copyright, it is obliged to inform the Operator and other users accordingly. The “Citation” function in the Application is used for this purpose. 

The Operator is not obliged to carry out preventive checks on the content published by the users. However, if it becomes aware of the publication of the Infringing Content, it shall proceed to remove it. The user will be informed about the deletion of the content by the Operator and the specific reason. 

Each user is entitled to report the existence of the Infringing Content to the Operator via the notification button and the accompanying message. The Operator will then evaluate the notification and delete any Infringing Content. 

If the user account of the Guide is blocked, the content previously posted by them will remain accessible in anonymised form through the Application. 

5. Virtual goods (“Shems”) 

The Application allows users to purchase virtual goods, the so-called “Shems”. The user can also exchange the Shems for permission to access the content created by the Guide in the form of audio recordings.  

Shems are only usable in the Application and cannot be disposed of in any other way than as stated herein. 

The user is entitled to withdraw from the contract for the purchase of Shems within 14 days from the date of purchase. The user is entitled to send a notice of withdrawal from the contract to the Operator at the contact address specified in Article 9 of these Terms and Conditions. If the user withdraws from the contract for the purchase of the Shems, the Operator shall, within 14 days of receipt of the notice of withdrawal, return to the user the funds with which the user purchased the Shems and remove (delete) the relevant number of Shems from the user profile. The user shall not be entitled to dispose of the Shems in any way during the period between the sending of the notice of withdrawal and the removal of the Shems from the user profile. 

The user acknowledges that the creators of the content for which the Shems can be exchanged are other users – Guides. Therefore, the Operator makes no guarantee to the user as to the quantity and quality of audio content for which the Shems can be exchanged. 

Shems can be used within 3 years of purchase. The user will be informed in writing by the Operator about the approaching expiry date of the Shems. After the expiry of 3 years from their purchase, the Operator will delete the Shems credited to the user account. 

The Oerator does not guarantee that the user will be able to purchase the Shems. Shems cannot be transferred to another user. 

The price of Shems is determined by the Operator’s price list currently in force [link] (hereinafter the “Price List”). 

6. Access to content 

Upon registration and access to the Application as such is unlimited. Access to the actual content published through the Application may be restricted to Shems holders.  

Each user can access 5 audios free of charge upon registration; additional audios are then available in exchange for a set number of Shems. 

Users acknowledge that access to content may be restricted by the Operator, at the Operator’s discretion.  

7. Commission of the Guides 

Each Guide is entitled to a commission from the Operator for their activity in developing the content available on the Application.  

The amount of the commission is based on the number of plays of the audio messages published by the Guide. However, not every playback of an audio recording automatically entitles the Guide to a commission. Details regarding the calculation of the commission amount are defined in [link to document/Application?]. 

The Operator reserves the right to change the method of calculating the commission amount from time to time. The Guide acknowledges that the amount of commission set by the Operator always includes VAT if the Guide is subject to VAT. 

The reuneration will be paid to the Guides on an ongoing basis. At the end of each calendar month, the Operator will prepare a report containing information on how many times the recordings of a particular Guide have been played and whether (or in what amount) the Guide is entitled to the payment of the commission.  

The Guide is entitled to payment of the commission at the end of the calendar month in which the outstanding commission reaches at least CZK 500 incl. VAT (or the equivalent in another currency). If the Guide’s commission in a calendar month does not reach CZK 500 incl. VAT, it will be added to the commission due to the Guide for the following calendar month.  

The commission will be paid by wire transfer to the bank account of the Guide on the basis of the billing (invoice) prepared by the Operator on the last day of the calendar month in which the Guide is entitled to its payment. The commission is payable no later than the end of the following calendar month. 

The Guide has the option to waive the right to pay the commission to the non-profit organization POST BELLUM, z. ú., ID No.: 265 48 526 (hereinafter the “Non-Profit Organization”), which manages the project “Memory of the Nation”. In this case, the Operator will transfer all commissions by bank transfer directly to the bank account of the Non-Profit Organization. 

If the Guide’s user profile is blocked for any reason, the equivalent of the commission that would have been due to the Guide from the date of the blocking of their profile will be transferred to the Non-Profit Organization. 

8. Other rights and obligations of the Guide 

The Guide, as a potential recipient of a financial benefit, is obliged to comply with the applicable legislation to which it is bound, especially in relation to possible tax obligations and the obligation to have the necessary authorisation to operate its business through the Application. 

If the Guide is or becomes a VAT payer, it is obliged to inform the Operator immediately. If the Guide violates any of their obligations defined by the applicable legislation, terms and conditions or other agreement between the Guide and the Operator, the Operator is entitled to immediately block their user account. The same applies if the Guide becomes an unreliable VAT payer for any reason. 

The Operator shall not be obliged to check whether the Guide complies with all their public obligations and shall not be liable for any such breach by the Guide. 

9. Communication 

The communication between the Operator and the user is exclusively in writing. The Operator communicates with the user via the e-mail address attached to the user account. The user is responsible for the correctness of this address and is obliged to inform the Operator in due time about its change. 

The Operator is entitled to send the user messages containing information about system changes within the Application and changes to these Terms and Conditions or other documents governing the rights and obligations of the Operator and the users.  

The user grants the Operator consent to the sending of commercial communications; the user is entitled to withdraw this consent at any time via a link contained in each individual commercial communication. Which will be delivered to them. 

Communication between the Operator and the user shall be in Czech or English. 

The Operator can be contacted via the e-mail address [email protected]. 

10. Miscellaneous 

Users have no property rights in the Operator’s software.  

Users acknowledge that some features of the Application (e.g., maps or payment gateway) may be provided by third party tools.  

Users acknowledge that the Application is made available to them “as is”, i.e., with any deficiencies. The Operator makes no warranties or promises to users regarding the functionality of the Application and the information or the scope and quality of the materials accessible through the Application. The Operator makes no promises or warranties to the user regarding the development of the Application. 

The Provider shall not be liable for any damages incurred by the user in connection with the operation of the Application, its modification, restriction, suspension or cancellation. The Operator shall not be liable for any damage incurred by the user in connection with the misuse of the Application or the data and materials accessible through it by a third party. 

The user undertakes to indemnify the Operator for any damage caused by their actions contrary to applicable law, these Terms and Conditions or any other agreement between the user and the Operator. In turn, the user waives, to the fullest extent permitted by law, the right to recover any damages against the Operator and any of its representatives. The user undertakes to defend the Operator against any possible claims of third parties related to the operation of the Application and, if necessary, to provide the Operator with the assistance necessary to defend the rights of the Operator. 

The Application is normally accessible 24 hours a day except when maintenance or system changes are in progress. However, the Operator is not responsible for any interruptions in the operation of the Application or any of its functionalities. Users shall not be entitled to compensation for any loss of profit caused by any failure of the Application or loss of user data. 

Users are not entitled to assign any right of performance against the Operator to another user or any other third party without the Operator’s express consent. The Operator is entitled to assign any right of performance against a user to a third party. The Operator is entitled to arrange with any third party to assume any debt owed by the Operator to the user; the user expressly agrees to this. 

All rights and obligations of the Operator are fully transferable in the event of a merger, acquisition, transfer of assets or in other cases where the transfer or transfer of rights occurs by law. 

Users acknowledge and agree that the content displayed through the Application may include commercial communications from third parties.  

Users acknowledge that the Application may use location services. Users can enable/disable this functionality in their device settings. 

11. Final provisions 

Relations between users and the Operator are governed by the laws of the Czech Republic, without regard to conflict of laws rules or principles that could lead to the application of the law of another country. 

Both the user and the Operator undertake to try to resolve any potential dispute primarily amicably. The courts of the Czech Republic shall have jurisdiction over any disputes between the user and the Operator.  

If the User is a consumer (within the meaning of Act No. 89/2012 Coll., the Civil Code, as amended), disputes between the user and the Operator may also be resolved out of court. In this case, the user may contact the out-of-court dispute resolution body (Czech Trade Inspectorate) or resolve the dispute online via the ODR platform. 

These Terms and Conditions are drawn up in Czech and English language versions. In the event of any differences in interpretation between the two language versions, the Czech version shall prevail.  

If there is to be any change to the Terms and Conditions, the Operator shall notify the user in advance via the user’s e-mail address; this does not apply to cases where there are to be only grammatical errors, stylistic changes or changes to the Price List and the method of determining the future commission of the Guides. In the event that the user refuses to accept the new version of the Terms and Conditions, the user shall notify the Operator in writing and refrain from further use of the Application. 

If the user explicitly rejects the new version of the Terms and Conditions, their user account will be blocked by the Operator. If, however, the user does not provide their comment to the announced change of the Terms and Conditions within 10 days of the notification of the change of the Terms and Conditions, the user shall be deemed to have agreed to the change. 

If any provision of these Terms and Conditions is found to be invalid, unenforceable or ineffective, the remaining provisions shall remain in full force and effect. 

The Terms and Conditions as amended are valid from 01.01.2024 and will be updated by the Operator if necessary.