GENERAL TERMS AND CONDITIONS

Valid from: 16/04/2025

This Ponseti Clinic web application (hereinafter referred to as the "Service") is operated by the company Ponseti Clinic, with its registered office at Dukelských hrdinů 17, Prague 7, (hereinafter referred to as the "Operator").

By using the Service, you agree to the terms and conditions below.

1. Subject of service

Ponseti Clinic is an online tool for team collaboration, managing tasks, documents and data. Access to the Service is possible through a web browser at www.ponseticlinic.cz. Our service is intended exclusively for entrepreneurs.

2. Ordering the service

1. We provide the service to entrepreneurs. If you are a natural person, by agreeing to the terms you confirm that you are using the service for your business and not as a consumer.
2. We will provide you with the service based on your order.
3. The contract is created by confirming the order or activating the service. We reserve the right to refuse the order.
4. When registering and placing an order, provide true information and update it in the event of a change. We will base it on the data you entered.
5. To use the Service, it is necessary to create a user account. The user is obliged to provide true and up-to-date information. The account is non-transferable and the user is responsible for its security.
6. If it is not clear who ordered the service, we consider the entrepreneur from whose account the service was paid to be the contractual party.

3. Scope of service use

1. Everyone can try the service for free in the trial version. You can switch to a paid tariff during or after the trial period - otherwise the service will be terminated.
2. The scope of the service depends on the selected tariff.
3. Tariffs can be changed. Data loss may occur when switching to a lower tariff.
4. The service can be used for the period according to the prepaid tariff. After the expiration, the service will be terminated.
5. We may modify the features of the Service without notice, especially for development.
6. We include new functions in tariffs at our own discretion, without legal claim.
7. If we charge for certain features or change the price, we will let you know. If you do not agree, you can terminate the service after the end of the prepaid period.
8. We grant you a non-exclusive license to use the service - only for as long as you have paid for the service and only to the extent necessary for its proper use.

4. Rights and obligations of the user

• The User must not abuse the Service for illegal activities.
• The user is responsible for the content he puts into the Service.
• The User may not interfere with the operation of the Service or attempt to bypass its security.
• The user may not access the service with any automatic tools (bots and other programs and tools) outside of normal use using a dedicated API, unless we give consent.

5. Rights and obligations of the Operator

• The operator tries to ensure continuous and safe operation of the Service, but is not responsible for its temporary unavailability.
• The operator has the right to modify or terminate the Service, or to change these conditions. The user will be informed about the changes.

6. Payment terms

1. The price of the service depends on the selected tariff - you can find an overview here.
2. The price list valid at the time of the order or extension of the service applies.
3. The price can only be paid by card payment online.
4. The service is only available after the payment has been credited to our account.5. We issue a confirmation for each payment and send it to the e-mail from the order.
5. We are not VAT payers.
6. The service is paid for using recurring payments:
   • After the first payment, we will ask you for authorization for automatic debit.
   • Subsequently, the payment is repeated every 30 days, without the need for further intervention.
   • You can cancel recurring payments at any time by email or in your account - we will confirm this and no further payments will be made.
   • Payments are automatically terminated even when the card expires.
   • A new authorization is required to resume payments.
   • If the payment was made by mistake after the cancellation, contact us - we will solve it immediately.
   • We will inform you about any changes by e-mail.

• Online payments are handled by the Comgate payment gateway for us. Service provider, Comgate a.s. is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. Further information and contacts at www.comgate.cz.

7. Termination of Service

1. You can stop using the service at any time by canceling your account in the interface. However, upon termination of the prepaid service, there is no right to a refund of the amount paid.
2. If payment is delayed for more than 14 days, we may limit or cancel the account without notice.
3. We may immediately limit or terminate the Service without compensation if:
   • you use it illegally or contrary to good morals,
   • you violate the rights of third parties or our terms and conditions,
   • you are breaking the law.
4. Withdrawal does not affect your obligation to pay for the service already provided or your responsibility for any damage.
5. For serious reasons (e.g. termination of service operation), we can completely terminate the service with a month's notice and notification by e-mail.
6. After account cancellation, we will keep your content in backup for 1 year, without legal claim. If you do not return, we will then delete the data, unless we agree otherwise.
7. In case of inactivity without canceling the account, we will delete the data after 1 year from the last login.

8. Data protection

The user enters into a relationship with the Operator according to the Privacy Policy available at link to policy).

9. Intellectual Property

The service and all its content (except user content) is protected by copyright. The user may not distribute, copy or modify the content without the consent of the Operator.

10. Damages

1. You are fully responsible for the uploaded content. We are not responsible, for example, for:
   • you do not have permission to upload the content or you make it available without authorization,
   • the uploaded content interferes with the rights of third parties,
   • the uploaded content violates the law or good morals.
2. The website, application and client account may not be available continuously (maintenance, outages, interventions by third parties). We are not responsible for damages caused by downtime, but we deal with them without delay. If the outage is caused by us and lasts more than 24 hours, we will provide a proportional discount - we do not provide additional compensation.
3. We inform you about larger planned shutdowns in your user account.
4. The functioning of the service also depends on the services and equipment of third parties, we are not responsible for their outages. We recommend using up-to-date systems and browsers.5. If you make your account available to third parties, we are not responsible for any misuse, alteration or deletion of data. Protect your data.
5. We back up the data, but we also recommend your own backups.
6. If you cause us damage by violating the terms, you undertake to compensate for it and to cooperate in minimizing it - including non-property damage.

11. Liability for defects

1. If the service you paid for does not meet the agreed terms, you can claim it according to the law. You are entitled to a repair or discount for defects that can be removed, and a reasonable discount for non-removable defects.
2. Send the complaint to info@ponseticlinic.cz.
3. Provide a description of the defect, which account it is and how you wish to resolve the complaint.
4. In the event of outages, it is necessary to actively cooperate with us - respond to messages, provide the necessary information and access within 2 days at the latest.
5. We are not responsible for problems arising from your end, such as due to improper intervention, third-party services, attacks, internet outages, faulty equipment or out-of-date software.

12. Final Provisions

1. We provide the service online and we will communicate in the same way. If the law requires written form, we also consider e-mail as written form. Delivery occurs by sending a message to your e-mail address specified in your profile, unless otherwise agreed.
2. To provide the service, we process your personal data as well as data for which you act as an administrator. These terms therefore also include the processing agreement available at link to agreement.
3. We can modify the service at any time without prior notice, even during the term of the contract. If the change requires modification on your end, it must be done to maintain functionality.
4. We may modify these terms, in particular due to changes in the law or the features of Freela. We will inform you about significant changes by e-mail at least one month in advance. If you do not raise an objection within a month, the new conditions apply. If you do not agree, the service will be terminated after the prepaid period has expired, without affecting previous obligations.
5. These conditions are governed by the law of the Czech Republic. All disputes will be resolved by the relevant courts at the location of the Operator's seat.
6. The contract can be concluded in Czech or English; in case of discrepancies, the Czech version is decisive.
7. No rights or claims against us can be assigned to a third party without our consent.