CLDXR®

XR in the cloud.

End-User License Agreement And Terms Of Service

Last Updated: May 6th, 2021

This End-User License Agreement and Terms of Service (hereinafter referred to as the “Terms of Service”) govern your access to and use of the website at cldxr.com (hereinafter referred to as the “Website”) and the CLDXR platform, software, services and documentation provided via the Website and/or a dedicated application (collectively hereinafter as the “CLDXR Platform”).

Please read these Terms of Service carefully before using or registering for the Website and/or the CLDXR Platform or any of the services or plans provided therein.

By registering for or using the Website and/or the CLDXR Platform, you signify that you have read, fully understand and agree to be legally bound by these Terms of Service and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE AND/OR THE CLDXR PLATFORM PROVIDED WITHIN THE WEBSITE. We suggest you print a copy of these Terms of Service for your records.

1. Subject Matter of the Terms of Service

  • These Terms of Service constitute a binding, contractual legal agreement between you (hereinafter referred to as the “Licensee”, "User" or "you") and the company Three Dragons s.r.o., reg. ID 071 77 607, registered office Brno, Spálená 480/1, P.C. 602 00, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Brno, section C, insert 106608 (hereinafter referred to as the “Company” or "we"), the author and the owner of the Website, the CLDXR Platform and related documentation available on the Website and/or within the CLDXR Platform and the licensor under these Terms of Service.
  • All Users who are minors under 16 years old must have the permission of, be directly supervised and/or be represented by their parent or guardian to use the Website and/or the CLDXR Platform, in order to agree to these Terms of Service and to provide any personal data.
  • These Terms of Service apply solely to your use of the Website and the CLDXR Platform. By selecting a usage plan (hereinafter referred to as the “Usage Plan”), registering and/or using the CLDXR Platform, you are indicating your acceptance of, and agreement with, all of the terms and conditions of these Terms of Service. If you are entering these Terms of Service on behalf of a company, business or other legal entity, you represent and warrant that you have all proper authorizations needed to bind that legal entity to these Terms of Service.
  • Supplemental terms and conditions or documents that may be posted on the Website and/or within the CLDXR Platform are hereby expressly incorporated herein by reference.
  • The only scope of the service under this agreement and the main functionality of the CLDXR Platform is to enable users to create extended reality (augmented, mixed and virtual reality and any other future technology that falls under this range) presentations and to display them through suitable devices through unique URL address (hereinafter referred to as the "XR Presentations"). Under the CLDXR Platform, the User can be provided with further services and products (such as Branded mobile app, App plugin etc.), as described on the Website (“Extra Tools”). Extra tools can be subject to a separate agreement. Access to and use of the CDLXR Platform requires the completion of a registration and subscription process. Unless you have fully registered and subscribed, you have no right or license to access or use the CLDXR Platform or any of its components, services or Usage Plans.
  • All rights in the Website and/or the CLDXR Platform are expressly reserved by the Company.
  • The information provided on the Website and/or within the CLDXR Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website and/or the CLDXR Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Registration and Use

  • In order to use the CLDXR Platform you must register and create a user account by selecting the Usage Plan by clicking on the button “Signup today” and filling out your personal data as required by the registration form (hereinafter referred to as the “User Account”). Depending on the selected Usage Plan you will be required to make a payment of the respective amount in order for the CLDXR Platform with the features according to your selected Usage Plan to be made available to you and for you to be able to use it. Upon completing the registration and, where demanded, the payment process an agreement is concluded with terms hereunder.
  • When registering to use the CLDXR Platform and/or any other features and/or portions of the CLDXR Platform that may require registration, you must provide complete and accurate information about yourself and agree to update such information as it changes. In the event, that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your account and prevent you from using the CLDXR Platform, or any features of the CLDXR Platform.
  • It is your responsibility to keep your account and any password provided to or created by you confidential and secure and you are responsible for all use of the User Account and the password. In the event, that your User Account is used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your User Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your User Account.
  • We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole and absolute discretion, that such a username is inappropriate, obscene, or otherwise objectionable.
  • The User does not incur delivery costs however to use the CLDXR Platform and any content therein the User needs Internet access and a compatible internet browser.
  • If applicable under selected Usage plan, the User may be allowed to create multiple accesses to the CLDXR Platform. The User is allowed to provide such access to its employees, partners, providers, contractors etc., for the sole purpose of using the CLDXR Platform on his behalf. The User is not allowed to provide such access for any kind of remuneration.

3. License to Use the CLDXR Platform

  • Provided the respective payment based on the selected Usage Plan, if such a Usage Plan is provided on a paid-for basis, is processed successfully, otherwise upon properly finishing the process of registration within a Usage Plan provided free of charge, the license agreement in the terms of hereunder is concluded between the Company and you, based on which the Company shall allow you to use the CLDXR Platform with the features according to your selected Usage Plan immediately and grants you, for the duration of your Usage Plan and/or the duration of these Terms of Service and the license agreement concluded herein, as the Licensee a revocable, nonexclusive, non-transferable, non-assignable, unlimited territorially and time limited license to use the CLDXR Platform to limited number of users, solely for its intended purpose of using XR Presentations, solely as permitted under these Terms of Service and in accordance with the usages permitted under your selected Usage Plan (hereinafter referred to as the "Limited License").
  • The CLDXR Platform, software and services provided therein are operated and provided in the form of "Saas" (Software as a Service), i.e. the Licensee does not own or purchase the software itself. Access to the CLDXR Platform and data processed within CLDXR Platform is provided exclusively through the User Account protected by name and password.
  • The CLDXR Platform is the property of the Company and the Company retains all right, title and interest in and to the CLDXR Platform, including any intellectual property rights regarding trademarks, service marks and trade secrets, as well as any rights in copyrighted or patented materials provided to you as part of the CLDXR Platform. Except for the Limited License granted to you in these Terms of Service, you obtain no rights to the CLDXR Platform and the Company reserves all rights not expressly granted to you.
  • This Limited License does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission or a license to redistribute, reproduce or republish (including communication to the public via the Internet), access, copy, in any form, neither the CLDXR Platform nor any of its content, programming, code or databases associated therewith.
  • The Licensee is permitted to use the CLDXR Platform for commercial purposes unless the relevant Usage Plan states otherwise. For the avoidance of doubt, commercial purposes mean any activity connected with any form for sale, resale, or solicitation or advertisement for sales or services, provided by the User or any other third party without its profit-making character.
  • The Licensee is not permitted to sub-license the Limited License.
  • Any databases available within the CLDXR Platform are further protected by a special right of the database acquirer, that is the Company.

4. Company Asset

  • The CLDXR Platform and Website consists of various graphics, texts, icons and buttons that have been provided by the Company and/or other entities under our direction (e.g. licensors). All such content, rights, titles, interests, and copyrights in and to the CLDXR Platform, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names, software data, computer code, algorithms, and information, are owned by the Company and/or the applicable third party entity (collectively hereinafter referred to as the “Company Asset”).
  • You hereby acknowledge that the Company Asset is protected by all copyright, trade-mark, and other applicable intellectual property laws and international treaties. Therefore, you are required to treat the CLDXR Platform and the Company Asset like any other copyrighted material, except as otherwise provided for in these Terms of Service.
  • Your use of the CLDXR Platform does not grant or transfer to you or any other party any ownership or other rights in the Company Asset, and except as expressly provided, nothing herein or within the CLDXR Platform shall be construed as conferring on you or any other party any license under any of the Company’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the CLDXR Platform or any of its content in any manner whatsoever.
  • Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the CLDXR Platform may constitute trade names, registered or unregistered trade-marks or service marks (collectively hereinafter referred to as the “Trade-marks”) of the Company or other entities. Trade-marks may be registered in the Czech Republic and in other countries as applicable. All Trade-marks not owned by the Company are the property of their respective owners, and, where used by the Company are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or within the CLDXR Platform may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) agree that you will not take any actions inconsistent with the Company’s ownership of, or any third party’s ownership of, the Trade-marks.

5. User Generated Content

  • Certain features and/or portions of the CLDXR Platform may permit you to upload, post or otherwise transmit your own content (hereinafter referred to as the “User Content”). For the avoidance of any doubt the Company acknowledges, that any User Content remains yours and the Company does not gain any rights and/or possession of your User Content, unless expressly provided in this Terms and Conditions.
  • To the extent necessary to provide the services through the CLDXR Platform to you and others, to protect you and the CLDXR Platform, and to improve our products and services, you grant to Company a worldwide and royalty-free license to use User Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via CLDXR Platform.
  • Certain features and/or portions of the CLDXR Platform and/or the Website may permit you to share your User Content. You understand that any User Content you choose to share via the CLDXR Platform and/or the Website may be copied, used, modified, or distributed by any other users. Further, you understand that once your User Content is shared, it cannot always be withdrawn. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiable. You hereby agree that the Company has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not sponsored or endorsed by the Company, and you will not imply that your User Content is in any way sponsored or endorsed by the Company. Please consider carefully what User Content you choose to share.
  • While the Company is under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion at any time and for any reason, to modify, edit or remove any User Content (or any portion thereof), or to request a User to modify or edit his or her User Content (or any portion thereof), or to modify, edit or remove any other content on the CLDXR Platform, if a complaint or notice of allegedly infringing materials is received with respect to such content, or for any other reason whatsoever.
  • To complain about User Content, content of XR Presentations and/or to provide notice of allegedly infringing materials on the Website and/or the CLDXR Platform, please contact us at: notice@cldxr.com
  • Furthermore you agree not to use the CLDXR Platform to upload, post, communicate or otherwise submit or transmit through, or to, the CLDXR Platform any User Content and/or content of the XR Presentations that is illegal or that infringes third party rights. That means, without limitation, the content, that:
    • may, in the sole and absolute discretion of the Company, disparage, degrade, tarnish or deprecate the Company, and/or the public image or standing in the community of the Company, any of its affiliates (including, without limitation, sponsors or endorsers of the Website, the Company, the CLDXR Platform, and/or any other products or services of the Company);
    • is deemed, in the sole and absolute discretion of the Company, to be defamatory, trade libelous, pornographic or obscene;
    • is deemed, in the sole and absolute discretion of the Company, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; impropriate alcohol/drug consumption or smoking; explicit or graphic sexual activity or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than those of the Company, or your own products and services unless your Usage Plan allows for professional and commercial use; any identifiable third party products, trade-marks, brands and/or logos, other than those of the Company (e.g. any materials appearing in your User Content and/or content of the XR Presentations must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained – note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Terms of Service, or any other agreement you may have with the Company; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Company in its sole and absolute discretion;
    • contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content and/or content of the XR Presentations, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
    • infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims whatsoever;
    • contains any viruses, Trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
    • contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you are the author of such content, or unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.
  • The user acknowledges that the platform does not serve as a data backup tool and is therefore responsible for regularly backing up all User Content that he uploads to the CLDXR Platform. Also, if the agreement under these Terms of Service and the rights afforded to the User is terminated, the Company is not obliged to provide you with any User Data stored in the CLDXR Platform.

6. Recurring Payments, Usage Plans and Renewals

  • By selecting a Usage Plan and completing your registration for the CLDXR Platform as per Article 2 of these Terms of Service, you authorize us to charge you with a subscription fee plus applicable taxes (hereinafter referred to as the "Subscription Fee" or “Subscription Fees”) on a recurring basis and in accordance with the Usage Plan you select. The Subscription Fee for each Usage Plan is listed on the Website. We reserve the right to change the Subscription Fee of any Usage Plans, features and/or items provided within the CLDXR Platform at any time and for any or no reason prior to the transaction. The change in Subscription Fees has no effect on Usage Plans already paid for.
  • Unless otherwise selected by you at the time of your registration, and subject to any Promotion (as specified below), the Subscription Fees will be charged to you monthly or yearly, based on the Usage Plan you select. You acknowledge that the recurring amount billed may vary for reasons that may include differing amounts due to applicable Promotions and fees for additional services you have agreed to, such as adding additional users to your Usage Plan.
  • Following the action in the previous paragraphs of this Article, you will select a method of payment you intend to use to pay the Subscription Fee with, as well as whether the payments shall be monthly recurring or yearly recurring, if the Usage Plan chosen by you provides such a choice.
  • As described in further details in respect of the Usage Plan you select, and unless otherwise provided in respect of that Usage Plan, the Subscription Fees will begin to be charged to you at the then current rate immediately upon commencement of the Usage Plan.
  • For monthly plans with monthly payments, the initial monthly Subscription Fee will be payable immediately upon commencement of the Usage Plan, and you will be charged the monthly Subscription Fees each month of the term of your subscription thereafter.
  • For yearly plans with yearly payments, the initial yearly Subscription Fee will be payable immediately upon commencement of the Usage Plan, and you will be charged the yearly Subscription Fees each year of the term of your subscription thereafter.
  • In the case of prepaid plans, the entire Subscription Fee will be payable immediately upon commencement of the Usage Plan.
  • Usage Plans purchased on a monthly basis are billed each month until you cancel your subscription. If you have purchased a Usage Plan for a fixed number of months (for example 12 months), your Usage Plan will automatically renew for a new subscription term (for example, a second 12 month term) unless you cancel your Usage Plan before the end of your current Usage Plan term. We will provide you with notice of the renewal. If you cancel your Usage Plan rather than renew, the cancellation will be effective the day after the end of your current Usage Plan term. Your failure to cancel your subscription during the current term will result in the renewal of your Usage Plan at the then-current subscription rate and for the same term as your current subscription (e.g., monthly, yearly etc.), therefore renewing these Terms of Service together with a license agreement herein.
  • Different usage limitations, conditions, and restrictions may apply depending on the Usage Plan you select. For example, different usage plans may come with limitations on the number of devices on which you may use the CLDXR Platform or the number of users who may use the CLDXR Platform (volume licensing), the number of projects you may create within the CLDXR Platform, the number of workspace available to you within the CLDXR Platform, the features of the CLDXR Platform you have access to, and the amount of storage space you have in association with the CLDXR Platform.
  • The applicable taxes might depend upon your location.
  • In case the payment of the Subscription Fee fails to be processed you will receive an email with a warning as to this fact with information that such payment shall be attempted to be processed again in three days. You hereby acknowledge that if such a payment fails to be processed during this subsequent period of time, we are entitled to disable your account within the CLDXR Platform and you will no longer be able to access and use the CLDXR Platform until the respective payment of the Subscription Fee is paid, unless otherwise agreed with the Company. In case the respective amount is not paid within one month following the first failed attempt, we are entitled to delete your account within the CLDXR Platform.
  • Provided the payment of the Subscription Fee has been successfully processed, a license agreement in the terms of hereunder is concluded between the Company and you as the Licensee, based on which the Company shall allow you to use the CLDXR Platform as to the extent of the chosen Usage Plan and its features and grant you a Limited License as specified in Article 3 of these Terms of Service.
  • You will receive a confirmation regarding your order of the Usage Plan and the transaction transpiring successfully via an email to the email you provided.
  • Information on the conclusion of any contract including the agreement under these Terms of Service are stored in the Website database and/or within the CLDXR Platform and you have access to them through your User Account. You may check for any errors by checking in your User Account. Data errors can be corrected via your User Account. Where the Website or the CLDXR Platform does not allow for it, corrections may be made through technical support, the contact of which is provided on the Website and/or within the CLDXR Platform.

7. Cancellation and Refunds

  • All Subscription Fees are non-refundable, except in accordance with these Terms of Service and as required under applicable law.
  • You may cancel your recurring Usage Plan or any additional services you have requested (e.g. additional users) by completing the cancellation process on the website. Please note that you can only successfully cancel your subscription regarding future agreements, i.e. prolonging a current agreement regarding a respective Usage Plan and the Limited License provided under these Terms of Service, which is concluded upon successfully processing a payment of the Subscription Fee for the respective period of time. Any termination of the agreement already concluded under these Terms of Service is governed by Article 16 of these Terms of Service.
  • We will not provide refunds or credits for any partial subscription periods for Usage Plans (unless the conditions provided under par. 24.3 apply). If you terminate the agreement under these Terms of Service regarding a Usage Plan, you will not be refunded or credited any portion of your last paid Subscription Fee (plus applicable taxes). Following your termination or cancellation of a further subscription, however, you will continue to have access to the CLDXR Platform through the end of your current Usage Plan period, at which point your subscription will terminate. For example, if you are on a monthly plan, you will continue to have access to the CLDXR Platform for the remainder of the month in which you terminate or cancel your subscription, and at the end of that month, your Usage Plan will terminate and you will not be charged further Subscription Fees.
  • Following the effective date of the termination or cancellation of your subscription, you will no longer have the right to use the CLDXR Platform and you have to cease all use of the CLDXR Platform and/or the Company Asset.
  • The Company may in its sole and absolute discretion, at any time and for any or no reason, with or without prior notice, refuse to accept, cancel and/or refuse to renew your subscription of a respective Usage Plan. You will be notified of such a case via an email by the Company.

8. User Conduct, Representations, Restrictions

  • By using the Website and/or the CLDXR Platform, you hereby acknowledge, agree, warrant and represent that:
    • all registration information you submit will be true, accurate, current, and complete;
    • you will maintain the accuracy of such information and promptly update such information as necessary;
    • you have the legal capacity and agree to comply with these Terms of Service;
    • any and all User Content (in any format or media) and content of the XR Presentations you post on, upload to or otherwise submit to or through, the CLDXR Platform is original to you and that you have obtained all necessary rights in and to the User Content, the content of the XR Presentations and all of its components (if applicable) to post, upload, or otherwise submit it to or through the CLDXR Platform;
    • you will not access the CLDXR Platform through automated or non-human means, whether through a bot, script or otherwise;
    • you will not use the CLDXR Platform for any illegal or unauthorized purpose; and
    • your use of the CLDXR Platform will not violate any applicable law, regulation or these Terms of Service.
  • If you provide any information that is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend your User Account, terminate the agreement under these Terms of Service, delete your User Account and terminate your use of the CLDXR Platform as well as refuse any and all current or future use of the CLDXR Platform (or any portion thereof).
  • Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent that:
    • You shall be responsible for all acts and/or transactions that occur under your User Account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the CLDXR Platform;
    • The Company cannot (nor is required to) guarantee the accuracy, reliability or completeness of any User Content; and
    • The Company does not generally screen or edit User Content and/or content of the XR Presentations, however reserves the right, in its sole and absolute discretion, although the Company is under no legal obligation to do so, to monitor, edit or otherwise remove, at any time and without any notice and without obligation or incurring any liability, any User Content and/or content of the XR Presentations (or any portion thereof) on the CLDXR Platform
  • You may not access or use the CLDXR Platform for any purpose other than that for which the Company makes the CLDXR Platform available.
  • You agree not to and shall not, and will not permit others to:
    • use, export, re-export, import, copy, modify, download, distribute or transfer the CLDXR Platform or any component of the CLDXR Platform, in whole or in part, except as expressly provided in these Terms of Service;
    • decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the CLDXR Platform;
    • make any modification, adaptation, improvement, enhancement, translation or derivative work from the CLDXR Platform;
    • circumvent, bypass, disable, or otherwise interfere with security-related features of the Website and/or the CLDXR Platform, including features that prevent or restrict the use or copying of any Company Asset or enforce limitations on the use of the Website, the CLDXR Platform and/or the Company Asset;
    • engage in unauthorized framing of or linking to the Website and/or the CLDXR Platform;
    • rent, lease, sublicense, loan, resell or distribute the CLDXR Platform and/or the access to the CLDRXR Platform, or any part thereof;
    • copy or adapt the CLDXR Platform’s software, including but not limited to its source code;
    • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the CLDXR Platform or any component thereof or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the CLDXR Platform;
    • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixel, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
    • except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website and/or the CLDXR Platform, or using or launching any unauthorized script or other software;
    • violate any applicable laws, rules or regulations in connection with your access or use of the Website, the CLDXR Platform or any part thereof;
    • remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of the Company or its affiliates, partners, suppliers or the licensors of the CLDXR Platform;
    • use the CLDXR Platform for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
    • use the CLDXR Platform for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by the Company;
    • use the CLDXR Platform to send automated queries to any website or to send unsolicited commercial e-mails;
    • use a buying agent or purchasing agent to make purchases on the Website and/or within the CLDXR Platform;
    • trick, defraud, or mislead the Company and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
    • make improper use of the support services or submit false reports of abuse or misconduct;
    • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
    • use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing or distribution of any applications, accessories, or devices for use with the CLDXR Platform;
    • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the CLDXR Platform, or any of our systems;
    • make any unauthorized use of the Website and/or the CLDXR Platform, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited e-mails, or creating user accounts by automated means or under false pretenses;
    • upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available;
    • engage in prohibited or unauthorized use of the Website and/or the CLDXR Platform, or any of our systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the CLDXR Platform;
    • attempt to impersonate another user or person or use the username of another user;
    • sell or otherwise transfer your profile, username or User Account;
    • use any information obtained from the Website, the CLDXR Platform or any part thereof in order to harass, abuse, or harm another person;
    • harass, annoy, intimidate, or threaten any of the Company’s employees or agents engaged in providing any portion of the Website and/or the CLDXR Platform;
    • use any Company Asset accessed by use of the CLDXR Platform to make inappropriate statements or materials regarding race, national origin, gender, sexual preference, religion, or physical handicap of other persons;
    • use any Company Asset accessed by the use of the CLDXR Platform in any composition that is ridiculous, abusive, harassing and inappropriate and/or use the CLDXR Platform to produce and/or publish any illegal, immoral, derogative or pornographic material, including any kind of nudity;
    • allow or otherwise enable access to the CLDXR Platform or your User Account in the CLDXR Platform to third parties without proper authorization or volume licensing.

9. Indemnification

  • You hereby agree to defend, indemnify, and hold the Company and its agents, employees, officers, directors, successors and assignors (hereinafter collectively referred to as the “Released Parties”) harmless from and against any loss, damage, liability, claim, demand, or expense, including reasonable attorneys’ fees and expenses, asserted by any third party or an entity due to or arising out of:
    • use of the CLDXR Platform, the Website and/or the Company Asset;
    • content of XR Presentations;
    • User Content;
    • breach of these Terms of Service;
    • any breach of User’s representations and warranties set forth in these Terms of Service;
    • Your violation of the rights of a third party, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action whatsoever; and/or
    • any other harmful act toward any other user of the CLDXR Platform.
  • Notwithstanding the foregoing, the Company, to the extent permissible by law, reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate, at your expense, with Company’s defense of such claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

10. Modifications to CLDXR Platform and Corrections

  • The Company reserves the right to change, modify, or remove the contents of the CLDXR Platform, suspend or discontinue, temporarily or permanently, the CLDXR Platform or any part thereof or any service to which it connects at any time or for any or no reason, including to enhance the CLDXR Platform functionality or stability or to address potential safety or security concerns, at its sole and absolute discretion without prior notice. The Company will not be liable to the User or any third party for any modification, suspension, or discontinuance of the CLDXR Platform.
  • If the CLDXR Platform is updated, upgraded or modified, whether to enhance or correct features or functionality, then these Terms of Service will apply to the updates, upgrades and modifications in addition to any other terms that are presented to you in connection with the update, upgrade or modification and such updates and upgrades shall be deemed to constitute part of the CLDXR Platform and shall be subject to all terms and provisions set forth in these Terms of Service, including, without limitation, terms and provisions related to licenses, use restrictions, ownership and distribution of the CLDXR Platform.
  • The CLDXR Platform is licensed as a single product. Its components may not be separated for use on more than one device or a user without a proper authorization derived from the chosen Usage Plan, other volume licensing or explicit prior written consent of the Company.
  • There may be information on the Website and/or the CLDXR Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Website and its content, the CLDXR Platform, the Company Asset and/or services, including descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website and/or the CLDXR Platform at any time, without prior notice.

11. Site Management

  • The Company reserves the right, but not the obligation, to:
    • monitor the Website and/or the CLDXR Platform for violations of these Terms of Service;
    • take appropriate legal action against anyone who, in its sole and absolute discretion, violates the law or these Terms of Service, including without limitation, reporting such a user to law enforcement authorities;
    • in its sole and absolute discretion and without limitation, notice, or liability, to remove from the Website and/or the CLDXR Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to its systems;
    • in its sole and absolute discretion at any time and for any reason, to modify, edit or remove any User Content and/or content of XR Presentations (or any portion thereof), or to request a User to modify or edit his or her User Content and/or content of XR Presentations (or any portion thereof), if a complaint or notice of allegedly infringing materials is received with respect to such a content, or for any other reason whatsoever; and
    • otherwise manage the Website and/or the CLDXR Platform in a manner designed to protect the Company’s rights and property and to facilitate the proper functioning of the Website and/or the CLDXR Platform.

12. Third-Party Accounts

  • A part of the functionality of the Website and/or the CLDXR Platform may enable the User to share the content of XR Presentations through an account the User has with third-party service providers (each such account hereinafter referred to as a “Third-Party Account”), as available by the Website and/or the CLDXR Platform settings and by the operation system of the User’s device.
  • The User acknowledges that if a Third-Party Account or associated service becomes unavailable or is terminated by the third-party service provider (each such provider hereinafter referred to as a “Third-Party Service Provider”), then the User may not be able to use such a function of the Website and/or the CLDXR Platform.
  • The User acknowledges that the User’s relationship with the Third-Party Service Providers associated with the User’s Third-Party Accounts is governed solely by the User’s agreement(s) with such Third-Party Service Providers.
  • The Company makes no effort to review any social network content posted by the User for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and the Company is not responsible for any such social network content.
  • The Company has no access to the Third-Party accounts and/or any personal or other information relating to such Third-Party Accounts.

13. Submissions

The User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website and/or the CLDXR Platform (hereinafter referred to as the "Submissions") provided by the User to the Company are non-confidential and shall become the Company’s sole property. The Company shall own exclusive rights, including an unlimited license to all intellectual property, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to the User. The User hereby grants an exclusive and unlimited license to any such Submissions and waives the right to any kind of remuneration, and the User (and User‘s parent or legal guardian on User‘s behalf, if the User is under the age of majority in User‘s jurisdiction of residence) hereby warrants that any such Submissions are original with the User or that the User has the right to submit such Submissions. The User agrees there shall be no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in User’s Submissions.

14. Third-Party Websites and Third-Party Content

  • The Website and/or the CLDXR Platform may contain (or the User may be sent from the Website and/or the CLDXR Platform) advertisements and links to other websites (hereinafter referred to as the "Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (hereinafter referred to as the "Third-Party Content").
  • Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Websites accessed through the Website and/or the CLDXR Platform or any Third-Party Content posted on, available through, or installed from the Website and/or the CLDXR Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the Company.
  • If the User decides to leave the Website and/or the CLDXR Platform and access the Third-Party Websites or to use or install any Third-Party Content, the User does so at User‘s own risk, and the User should be aware these Terms of Service no longer govern such access. The User should review the applicable terms and policies, including privacy and data gathering practices, of any website to which the User navigates from the Website and/or the CLDXR Platform or relating to any applications the User uses or installs from the Website and/or the CLDXR Platform.
  • Any purchases the User makes through Third-Party Websites will be through other websites and from other companies, and the User acknowledges and agrees that the Company takes no responsibility whatsoever in relation to such purchases which are exclusively between the User and the applicable third party.
  • The User agrees and acknowledges that the Company does not endorse the products or services offered on Third-Party Websites and the User shall hold the Company harmless from any harm caused by the User’s purchase of such products or services. Additionally, the User shall hold the Company harmless from any losses sustained by the User or harm caused to the User relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

15. Warranties, Liability limitation

  • The Company undertakes to make all reasonable efforts to provide you with the following service level and support:
    • The Company aims for the availability of the CLDXR Platform at the service level of 96 % within the operating time of 10 hours on working days, while holidays and non-working days set for the Czech Republic are not included, with a permissible time of accumulated outages with a monthly evaluation of max. 8 hours and 15 minutes within the defined working hours (e.g. 2021 has 252 working days, on the basis of 10 hours per day, which provides a maximum monthly outage of 8,4 hours with an availability of 96 %);
    • The Company will provide the User with email customer support within the period of time set in the respective Usage Plan selected by the User. The response times specified in the respective Usage Plans always refer to the times within which the Company shall first respond to User’s e-mail regarding the issues with availability and functionality;
    • The Company is entitled to perform planned outages of the server and equipment on which the Website and/or the CLDXR Platform is run and provided after prior notice to the User sent to User’s email. Such downtimes are not counted as an outage for the purpose of calculating the level of service level.
  • The Company cannot guarantee service level and maintenance duties of the Company:
    • to any software, equipment or services not purchased via the Website and/or the CLDXR Platform;
    • if the problem has been caused by using equipment, software or service(s) that are not recommended, allowed and/or are specifically prohibited under these Terms of Service;
    • if the problem has been caused by using the Website and/or the CLDXR Platform in a way that is not recommended, allowed and/or is specifically prohibited under these Terms of Service;
    • if the User has prevented the Company from performing required maintenance and update tasks;
    • to any issues caused by the User, third parties, third party software or other circumstances arising independently of the Company's will, such as e.g. insufficient or no internet connection of the User; penetration of viruses into the information system of the User, or another similar attack not caused by the Company; obstacles caused as a result of a strike by the User's employees, i.e. as a result of a partial or complete interruption of work by the employees; targeted cyber attack, force majeure (e.g. floods, war, acts of god, civil unrest, epidemy, etc.); accidents; failures of public telecommunications networks or other actions necessary to ensure the operation by the Company (e.g. software updates, server configuration), etc.;
    • if the issue has been caused by unsupported mobile devices, equipment, software or other services used by the User;
    • if the issue has been caused by an outage, availability or functionality issue caused by the provider of services necessary for operating the Website, the CLDXR Platform, the Company Asset and/or any of its components by the Company without any fault of the Company, e.g. the provider of hosting services;
    • if the User is in breach of these Terms of Service for any reason (e.g. late payment of fees, improper use, etc.).
  • If the CLDXR Platform does not perform substantially in accordance with this agreement, the entire and exclusive liability of the Company, and your sole and exclusive remedy, in respect of such warranty will be limited to, at the Company’s option, to either: (i) repair of the CLDXR Platform; or (ii) terminate the Usage Plan and refund you for the portion of the Subscription Fee you have paid for the unexpired or unused portion of the Usage Plan. This warranty applies only to the CLDXR Platform, as originally delivered.
  • THE USER HEREBY ACKNOWLEDGES, THAT THE WEBSITE, THE CLDXR PLATFORM THE COMPANY ASSET AND/OR ANY OF ITS COMPONENTS AND ANY RELATED SERVICE OR DOCUMENTATION IS PROVIDED AND LICENSED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE COMPANY HEREBY DISCLAIMS ALL OTHER CONDITIONS, INDEMNITIES, GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARISING FROM LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE WITH RESPECT TO THE WEBSITE, THE CLDXR PLATFORM THE COMPANY ASSET AND/OR ANY OF ITS COMPONENTS AND ANY RELATED SERVICE OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF ANY LAW OR REGULATION.
  • EXCEPT AS STATED IN PAR. 15.1 AND 15.3 OF THIS AGREEMENT, THE COMPANY HAS NO OBLIGATION TO PROVIDE ANY SUPPORT FOR THE WEBSITE, THE CLDXR PLATFORM, THE COMPANY ASSET AND/OR ANY OF ITS COMPONENTS, OR TO CONTINUE PROVIDING, UPDATING OR CORRECTING ANY DEFECTS OR ERRORS OF THE WEBSITE, CLDXR PLATFORM, COMPANY ASSET AND/OR ANY OF ITS COMPONENTS, REGARDLESS OF WHETHER YOU INFORM THE COMPANY OF SUCH DEFECTS OR ERRORS OR THE COMPANY OTHERWISE IS, OR BECOMES AWARE OF, SUCH DEFECTS OR ERRORS, TO THE FULLEST EXTENT PERMITTED BY THE LAW. BY WAY OF EXAMPLE AND NOT IN LIMITATION, THE COMPANY DOES NOT WARRANT THAT: A) USE OF THE WEBSITE AND/OR THE CLDXR PLATFORM OR ANY PART THEREOF WILL BE UNINTERRUPTED OR ERROR FREE; B) ALL DEFECTS IN THE WEBSITE AND/OR THE CLDXR PLATFORM WILL BE CORRECTED.
  • TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE USER, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH THE USER, FOR ANY INCONVENIENCE, DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS OR OTHER DAMAGES (“LOSSES”), WHETHER ARISING OUT OF CONTRACT, STATUTE OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THOSE, CAUSING USER’S INABILITY TO ACCESS OR USE THE WEBSITE, THE CLDXR PLATFORM, THE COMPANY ASSET AND/OR ANY OF ITS COMPONENTS DURING ANY DOWNTIME, OUTAGE OR DISCONTINUANCE OF THE WEBSITE, THE CLDXR PLATFORM, THE COMPANY ASSET AND/OR ANY OF ITS COMPONENTS, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SUCH A CASE NOTHING IN THESE TERMS OF SERVICE WILL BE CONSTRUED TO OBLIGATE THE COMPANY TO MAINTAIN AND SUPPORT OF THE CLDXR PLATFORM OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITH.
  • For the avoidance of doubt, according to the abovementioned paragraphs, the Company will assume no liability or responsibility for especially, but not limited to:
    • any errors, mistakes, or inaccuracies of the Website, the CLDXR Platform, the Company Asset and/or any of its components;
    • quality, availability and scope of any services provided free of charge;
    • property damage, of any nature whatsoever, resulting from your access to and use of the Website, the CLDXR Platform, the Company Asset and/or any of its components;
    • any unauthorized access to or use of Company’s secure servers and/or any and all personal information and/or financial information stored therein;
    • any behavior of individual users or their way of using the Website, the CLDXR Platform, the Company Asset and/or any of its components, especially one that is not in accordance with these Terms of Service or the law, nor for damages and damage thus caused;
    • any interruption or cessation of transmission to or from the Website and/or the CLDXR Platform;
    • services provided by other entities, their quality, quantity or any consequences, or for the rights and obligations associated with these services, accessories, etc.;
    • any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website, the CLDXR Platform, the Company Asset and/or any of its components by any third party; and/or
    • any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, the CLDXR Platform, the Company Asset and/or any of its components;
    • any payments, transactions or transfers that the user makes, resp. With the help of which the respective payment for the usage plan is made. The operators of these payment companies are responsible for these (transactional) services and portals
    • any impossibility of using the Website, the CLDXR Platform and/or any of its components if the User does not own suitable and sufficient software or hardware equipment.
  • The liability limitation shall however not apply to, or take into account, damages resulting from the gross negligence, bad faith or the willful or intentional misconduct of the Company.
  • The Company’s total cumulative liability for Losses suffered or caused due to or in connection with this agreement or the use or performance of the Website and/or CLDXR Platform or the services related thereto, shall in any case not exceed the amount of Subscription fees actually paid or due to be paid during 1 year prior the occurrence of any such damages.
  • The User acknowledges that events may occur outside the Company's control that affects the availability and functionality of the Website, CLDXR Platform, the Company Asset and/or any of its components (e.g. failure of internet connection of the User; penetration of viruses into the information system of the User, or another similar attack not caused by the Company; obstacles caused as a result of a strike by the User's employees, i.e. as a result of a partial or complete interruption of work by the employees; targeted cyber attack, force majeure; accidents; failures of public telecommunications networks or other actions necessary to ensure the operation, attacks on the Company's technical equipment, breach of the User's security obligations, etc.) that may cause the Company to be unable to provide the User with customer support and service level of the Website and/or the CLDXR Platform in compliance with these Terms of Service and the respective Usage Plan. The Company shall not be liable for any damage incurred by the User in connection with such events and is not in default with the fulfillment of its obligations under these Terms of Service during such events.
  • No advice or information, whether oral or written, obtained by the User from the Company, or through or from the Website, the CLDXR Platform, the Company Asset and/or any of its components, shall create any warranty not expressly stated in these Terms of Service.
  • The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Company, its agents, employees, officers, directors, successors and assignors (collectively hereinafter referred to as the “Released Parties”) do not assume any liability for any damage the User may experience or costs the User may incur as a result of any electronic transmissions over the internet or otherwise within the Website, the CLDXR Platform, the Company Asset and/or any of its components, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain any personal information). In no event will the information the User provides on or through the Website, the CLDXR Platform, the Company Asset and/or any of its components be deemed to be confidential, create any fiduciary obligations to the User on our part, or result in any liability to the User on our part in the event that such information is inadvertently released or accessed by third parties, beyond our obligations under the section on Privacy Policy, without the User’s consent. While commercially reasonable efforts are made to help ensure that all software provided on the Website, the CLDXR Platform, the Company Asset and/or any of its components is suitable for use on a wide variety of systems, the User should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with the User’s specific system. The User should ensure to have a complete and current backup of the information contained on the User’s computer system prior to installing any such software. Under no circumstances shall the Company be responsible for the loss or damage of the User's data. Any reconstruction of lost or devalued data is the responsibility of the User.

16. Termination

  • These Terms of Service and the agreement concluded hereunder shall remain in effect until terminated by:
    • withdrawal;
    • denying User’s access to and use of the Website, the CLDXR Platform, the Company Asset and/or any of its components and/or the User Account (including blocking certain IP addresses) and/or deleting User Account and terminating the rights afforded to the User hereunder, unless the Usage Plan is provided on a paid for basis;
    • expiry of the duration of the Usage Plan;
    • notice;
    • deleting the User Account and ceasing to use the CLDXR Platform by the User;
    • termination of the legal entity (the Company or the User) with liquidation;
    • termination via an agreement of the Company and the User;
  • The Company and the User hereby expressly exclude any other means of termination of the agreement concluded hereunder stipulated by legal regulations than those agreed in these Terms of Service to the fullest extent permissible by law. The Company and the User further expressly exclude the application of § 2370 of the act. no. 89/2012 Coll., Civil Code, as amended (“CC”).
  • Upon termination of the agreement under these Terms of Service, the User shall cease all use of the Website, the CLDXR Platform, Company Asset and/or any part thereof as well as the User Account.
  • Withdrawal from the agreement under these Terms of Service is permitted in these cases:
    • Both the Company and the User may withdraw from the agreement under these Terms of Service any time, if the User chose a free Usage Plan. Upon such termination any license granted to the User to use the Website, the CLDXR Platform, Company Asset and/or any of its components and the services provided is deemed to be revoked and the User is no longer entitled to use any of the functions of the Website, the CLDXR Platform, Company Asset and/or any of its components and/or any part thereof as well as the User Account. For the avoidance of any doubt, the User is not entitled to any kind of refund or compensation in connection with such termination;
    • The Company may withdraw from the agreement under these Terms of Service should the User fail to comply with or violate any of the terms and conditions set forth in these Terms of Service,. In such an event the agreement under these Terms of Service and the rights afforded to the User hereunder shall terminate immediately upon receiving a written notice, including an e-mail, a notification or a message sent via the CLDXR Platform to the User by the Company specifying the reasons for the withdrawal. Upon such termination any license granted to the User to use the Website, the CLDXR Platform, Company Asset and/or any of its components and the services provided is deemed to be revoked and the User is no longer entitled to use any of the functions of the Website, the CLDXR Platform, Company Asset and/or any of its components and/or any part thereof as well as the User Account. The User is entitled to obtain a refund in the amount corresponding to the proportionate amount paid for the Usage Plan remaining as of the day of the withdrawal; or
    • The User may withdraw from the agreement under these Terms of Service if the Company violates its obligations arising from these Terms of Service in a particularly serious manner, specifically, if the Company makes the CLDXR Platform unavailable permanently.
  • The legitimate withdrawal from the agreement under these Terms of Service by the User is effective immediately upon the Company receiving a written notice, including an e-mail stating the withdrawal from the agreement under these Terms of Service and unequivocally specifying the reasons for the withdrawal by the User as per this paragraph.
  • In case of a legitimate withdrawal by the User, who paid the respective amount in order to use the CLDXR Platform, i.e. the Usage Plan, the User is entitled to obtain a refund in the amount corresponding to the proportionate amount paid for the Usage Plan remaining as of the day of the withdrawal.
  • The Company and the User agree that in the event of a legitimate withdrawal from the agreement under these Terms of Service, the agreement under these Terms of Service shall be terminated with effect from the date of delivery of such withdrawal to the other party, whereas any consideration already provided under these Terms of Service shall be deemed as valid and the Company and the User are not entitled to reimbursement of such consideration or to unjust enrichment in connection with such a withdrawal. The User hereby declares that even a partial consideration is meaningful and important to the User. The User who is a consumer hereby declares to have been informed in accordance with sec. 1820, (l) h) CC of the obligation to pay a proportion of the price for the selected Usage Plan in the event of withdrawal from the agreement hereunder, as the provision of services and the consideration has begun prior to such a withdrawal.
  • The User acknowledges and agrees that, unless the use of the CLDXR Platform is provided on a paid-for basis according to the Usage Plan, the Company may in its sole and absolute discretion, at any time and for any or no reason immediately suspend or terminate the agreement under these Terms of Service by denying User’s access to and use of the Website, the CLDXR Platform, Company Asset, any of its components and/or the User Account (including blocking certain IP addresses) and/or deleting User Account and terminating the rights afforded to the User hereunder with or without prior notice, with or without cause. Upon such termination any license granted to the User to use the Website, the CLDXR Platform, Company Asset and/or any of its components and the services provided is deemed to be revoked and the User is no longer entitled to use any of the functions of the Website, the CLDXR Platform, Company Asset, any of its components and/or any part thereof, as well as the User Account. For the avoidance of any doubt, the User is not entitled to any kind of refund in connection with such termination.
  • The User hereby acknowledges that the agreement under these Terms of Service is terminated upon expiry of the Usage Plan, unless the User renews the subscription for such a Usage Plan.
  • The Company may also terminate the agreement under these Terms of Service at any time and for any or no reason with a notice sent to the User in a form of a written notice, including an e-mail, a notification or a message sent via the CLDXR Platform, with a notice period of one month which commences on the first day of the calendar month following the calendar month in which the notice is delivered to the User, provided that the agreement concluded hereunder is not terminated by other means of termination or cancellation herein prior to the end of the notice period. In such a case of termination, the User is entitled to obtain a refund in the amount corresponding to the proportionate amount paid for the Usage Plan remaining as of the day after the day of the end of the notice period.
  • The User may also terminate the agreement under these Terms of Service at any time and for any or no reason with a notice sent to the Company in a form of a written notice, including an e-mail, a notification or a message sent via the CLDXR Platform, with a notice period of one month which commences on the first day of the calendar month following the calendar month in which the notice was delivered to the Company, provided that the agreement concluded hereunder is not terminated by other means of termination or cancellation herein prior to the end of the notice period. The User is not entitled to any refund in connection with such termination.
  • The agreement under these Terms of Service is also terminated upon the User deleting the User Account and by ceasing to use the Website, the CLDXR Platform, Company Asset, any of its components and/or any part thereof. The User is not entitled to any refund in connection with such termination.
  • Furthermore, if the agreement under these Terms of Service and the rights afforded to the User are terminated pursuant to paragraph 16.4., b) of this Article, the User is prohibited from using the Website, the CLDXR Platform, Company Asset, any of its components and/or any services provided within the CLDXR Platform under User’s name, a fake or borrowed name, or the name of any third party, even if the User may be acting on behalf of the third party. In addition to terminating the agreement under these Terms of Service, the Company reserves the right to take appropriate legal action.
  • The agreement under these Terms of Service will also be terminated upon the termination of the operation of the Website and/or the CLDXR Platform regardless of the reason. The User is entitled to obtain a refund in the amount corresponding to the proportionate amount paid for the relevant Usage Plan remaining as of the day of such termination. The User expressly agrees that the User will not be entitled to any damages or other claims in connection with such termination to the fullest extent permitted by law.
  • The agreement under these Terms of Service may also be terminated at any time by mutual agreement of the Company and the User.
  • The agreement under these Terms of Service may also be terminated based on the User’s rejection of amendments to the Terms of Service as per par. 22.2. of these Terms of Service. The User is entitled to obtain a refund in the amount corresponding to the proportionate amount paid for the relevant Usage Plan remaining as of the day of such termination.

17. Jurisdiction

  • This agreement will be governed by and construed and interpreted in accordance with the law of the Czech Republic.
  • The Company and the User hereby expressly agree that in the event of any dispute arising from the agreement under these Terms of Service the courts of the Czech Republic shall be the courts competent to resolve such a dispute, specifically the general court of the Company.

18. Non-Transferable

  • The agreement under these Terms of Service or any part hereof is not assignable or transferable by the User without a prior written consent of the Company; any attempt to do so shall be void.

19. Severability

  • No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.
  • If any provision of these Terms of Service shall be determined to be unlawful, void, or unenforceable, or invalid, that provision or part of the provision is deemed severable and shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. Such provision may be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

20. Electronic Communications, Transactions and Signatures

  • Using the Website and/or the CLDXR Platform, sending the Company emails, and completing online forms constitute electronic communications. The User consents to receive electronic communications, and agrees that all agreements, notices, disclosures, and other communications the Company provides to the User electronically, via email, on the Website and/or within the CLDXR Platform, satisfy any legal requirement that such communication be in writing.
  • The User hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by the Company, via the Website and/or the CLDXR Platform.

21. Privacy Policy

  • The Company cares about personal data privacy and security and is aware of the fact that during the course of its operation the Company processes information considered personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR"), and is aware of the importance of protecting such data and complying with all legal and ethical rules relating to its processing. Customer data protection is an indisputable priority of the Company.
  • The Company does not provide or sell personal information about its users to third parties and does not collect or process sensitive data of its users.
  • The User is required to review the Company’s Privacy Policy [CLICK HERE].
  • The User is advised the Website and the CLDXR Platform are hosted in the Czech Republic. If the User accesses the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Czech Republic, then through User’s continued use of the Website, the CLDXR Platform or services relating to it, the User is transferring personal data to the Czech Republic, and expressly consents to have personal data transferred to and processed in the Czech Republic.

22. Miscellaneous

  • These Terms of Service constitute the entire agreement and exclusive statement of the mutual understanding between the Company and the User at the time of its acceptance by the User and supersede and cancel all previous written and oral agreements and communications of the Company and the User, relating to the subject matter of these Terms of Service.
  • The User acknowledges that the Company concludes many agreements under these Terms of Service in the ordinary course of business with a larger number of persons and such agreements are, by their nature, binding for a long time and regarding consideration of the same kind. The User acknowledges and agrees that based on the nature of the Company's obligations under these Terms of Service, it is undisputable even prior to the conclusion of any agreement hereunder, that a reasonable need for subsequent amendments to the terms of these Terms of Service may arise in the future. The User and the Company hereby agree that the Company may change these Terms of Service to the appropriate extent and at the same time agree that the User shall be notified of any change of these Terms of Service by means of an email and/or notification displayed to the User on the Website and/or within the CLDXR Platform. In such a case the User is responsible for reviewing any new changes to these Terms of Service. The User has the right to reject the amendments to these Terms of Service with a written notice to the Company including an e-mail, a notification or a message sent via the CLDXR Platform, resulting in a termination of the agreement between the User and the Company in one (1) calendar month following such rejection, which the User hereby declares to be sufficient to obtain similar transactions from another entity. The User will be deemed to have been made aware of and to have accepted the changes in any revised terms of these Terms of Service by the User’s continued use of the Website and/or the CLDXR Platform after the date when such revised Terms of Service are posted, and the User has been notified thereof. In the event that a new agreement is concluded under the Terms of Service including any further changes, amendments or modifications, the newly concluded agreement shall be governed by the Terms of Service in force as of the date of conclusion of such an agreement.
  • The agreement under these Terms of Service is binding upon you and your respective heirs, executors, beneficiaries, successors and assignors and you may not assign the agreement under these Terms of Service to any other party without our prior express written consent, which may be withheld in our sole and absolute discretion.
  • Any contract between the Company and the User is concluded in English.
  • The costs of using the communication services on the part of the Company do not increase the costs of the User. The costs of remote communication means used by the User are the User‘s sole responsibility and go to User‘s burden.
  • Company’s failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
  • These Terms of Service operate to the fullest extent permissible by law.
  • The Company may assign any or all of its rights and obligations to any third party at any time.
  • The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Company’s reasonable control.
  • The contracting parties hereby expressly exclude the application of the provisions of § 557, 1798, 1799, 1800, 1805 par. 2 and 1895 of the CC.
  • There is no joint venture, partnership, employment or agency relationship created between the User and the Company as a result of these Terms of Service or use of the Website and/or the CLDXR Platform.
  • The Company is authorized to provide services hereunder on the basis of a trade license. Supervision over trade licenses is carried out by the relevant Trade Licensing Office, within the scope of its competence. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises to a limited extent, among other things, supervision over the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.

23. Complaints and Contact

In order to resolve a complaint regarding the CLDXR Platform or to receive further information regarding use of the CLDXR Platform, please contact us at:

Three Dragons s.r.o.
Spálená 480/1
602 00 Brno
Czech Republic
Phone number: +420 731 212258
Email address: contact@cldxr.com

24. Consumer rights

  • This Article 24 applies only if the User is a consumer, e.g. an individual who enters this agreement with the Company, outside his trade, business or profession.
  • You have the right to withdraw from the agreement within fourteen days since signing up for the respective Usage plan. You hereby expressly request us to begin with performing the services before the expiration of the withdrawal period.
  • If you withdraw from the agreement for the provision of services according to par. 24.2 of this Terms of Service, you are obliged to pay us a part of the agreed price proportional to the performance provided until the time of withdrawal from contract.
  • The consumer acknowledges, that the Company cannot guarantee that the CLDXR Platform will be free of defects/errors and available without any interruption. Liability for defects and the right to compensation for damage are governed by the relevant provisions of the Civil Code. Claims for defects / warranty claims can be made at support@cldxr.com or through the Website.
  • The Company reminds the User that the authority responsible for overseeing compliance with consumer protection obligations is the Czech Trade Inspectorate (Česká obchodní inspekce), the Central Inspectorate - ADR, Prague 2, Štěpánská 15, P.C. 120 00, Czech Republic, email: podatelna@coi.cz or adr@coi.cz,: adr.coi.cz, to jurisdiction of which the out-of-court settlement of disputes falls as well. The User can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/

25. Additional Provisions and/or Disclosures

These Terms of Service are in effect and were last updated as of May 6th, 2021