1. Introductory provisions
1.1. Cyber Konekt s.r.o., with its registered office at Revoluční 2137/8b, Nové Město, 110 00 Prague 1, Czech Republic, ID. No.: 23112115, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 420667 (hereinafter the “Provider”), is an operator and provider of https://cyberkonekt.com including related services, secure browsing system and other features provided by the Provider (hereinafter the “Provider’s website”). Cyber Konekt believes that privacy and security should be accessible for everyone. It is Cyber Konekt mission is to empower all the internet users and professionals with tools that put them in full control of their digital lives.
1.2. Agreement and Acceptance. A natural person who accesses, registers and/or uses Provider’s website (hereinafter the “User”) agrees to comply with these General Terms and Conditions (hereinafter “Terms”) and with the Terms & Conditions of Qt Group, available at https://www.qt.io/terms-conditions/qt-dev-framework/exhibit-2-2025-02. By clicking “I Agree” (or a similar consent mechanism) or by actually using Provider’s services, the User acknowledges that they have read and understood these Terms as well as the Terms & Conditions of Qt Group and agree to be bound by them. These Terms constitute the entire agreement between the Provider and the User regarding use of Provider’s website.
1.3. Additional Policies. The use of Provider’s website is also subject to the following additional terms, which are hereby incorporated by reference into these Terms; the Privacy Notice (which describes for situations where its applicable how personal data is processed in accordance with EU General Data Protection Regulation and other data protection laws) and any other guidelines, usage policies, or rules applicable to specific services or features of Provider’s website that may be published by the Provider. In case of any conflict between these Terms and additional policies, these Terms shall prevail unless the additional policy expressly states otherwise.
1.4. Accessibility. The Provider undertakes to ensure that Provider’s website and related services are accessible in accordance with the applicable laws and regulations (especially the Act No. 424/2023 Sb., on Accessibility Requirements for Certain Products, as amended). Users who encounter accessibility barriers may report them to the Provider at contact@cyberkonekt.com. The Provider will review such reports and, where technically and legally required, remedy identified accessibility issues in a timely manner.
2. User Registration
2.1. Certain parts of Provider’s website may be accessed with registration, however access to most functionalities does not require the User to create a personal account.
2.2. Parental Inquiries. Parents or legal guardians who believe that their child under 15 has provided personal information to the Provider without parental consent, may contact the Provider at contact@cyberkonekt.com. The Provider will take reasonable steps to locate and delete the information or, where legally permissible, obtain verifiable parental consent.
2.3. Each User is responsible for maintaining the confidentiality and security of their login credentials. If the User suspects any unauthorized use of their credentials or any other breach of security, they must promptly notify the Provider. The Provider will not be liable for any loss or damage arising from the User’s failure to safeguard its credentials.
2.4. Termination by User. The User may terminate their use VPN Toolkit without the need for any additional actions or deregistration, in case an assistance is needed the User may contact the Provider’s support. Termination will be effective subject to Section 9 (Termination of Use). Upon termination, the User will lose access to any features requiring its registration.
2.5. Eligibility; Compliance with Laws. By registering or using Provider’s website, the User confirms that they are not a person barred from using such services under the laws of any applicable jurisdiction (for example, due to sanctions or legal prohibitions). The User must comply with all laws and regulations applicable to their use of Provider’s website. This includes, for Users within the European Union, compliance with applicable regulations, as well as for all Users, any local laws relating to online conduct or other applicable legislation.
3. Permitted Use of Provider’s website and User Obligations
3.1. Lawful and Acceptable Use. The User agrees to use Provider’s website only for lawful purposes and in accordance with these Terms. The User must not use Provider’s website to access any content that:
3.2. User Responsibilities. The User is solely responsible for all content that they access or share through Provider’s website and for their interactions with other Users. In particular:
3.3. Suspension or Refusal. The Provider reserves the right to suspend or refuse access to Provider’s website (in whole or in part) to any User who violates these rules or any applicable law. Such suspension may be immediate and without prior notice in cases of serious breach (for example, posting illegal content or security threats). Further details on content moderation and access suspension are set out in Section 7 (Disclaimers of Warranty; Limitation of Liability; Indemnification).
3.4. The User will not, and will not allow third parties under its control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Provider’s website; (b) use the Provider’s website for high risk activities, such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Provider’s website could lead to death, personal injury, or environmental damage; (c) sublicense, resell, or transfer the Provider’s website or any rights in the Provider’s website; (d) use any component, library, database or other technology included in the Provider’s website other than in connection with User’s use of the Provider’s website; (f) process or store any data that is subject to the International Traffic in Arms Regulations; or (g) use the Provider’s website in any unlawful manner or to facilitate any unlawful acts.
4. Intellectual Property Rights
4.1. Ownership of User Content. The Provider does not claim ownership of User’s content. All intellectual property rights in the content that the User uploads or shares via Provider’s website will remain with the User or the original rights holder.
4.2. Provider’s Intellectual Property. All rights, title, and interest in and to Provider’s website and all Provider content (including but not limited to Provider’s software, source code, design, databases, algorithms, Provider’s name and associated logos, and all other content and materials provided by the Provider) are and shall remain the exclusive property of the Provider or its licensors. Provider is protected by intellectual property laws and treaties. The Provider grants the User a limited, revocable, non-exclusive, non-transferable license to access and use the Provider’s content solely for the lawful use of Provider’s website in accordance with these Terms. Nothing in these Terms grants the User any ownership of any intellectual property owned by the Provider or its partners. The User must not use the Provider’s trade name, trademarks, logos, domain names, or other brand features without the Provider’s prior written consent, except as necessary to identify Provider’s services.
4.3. Feedback. If the User provides any feedback, suggestions, or ideas regarding Provider’s website to the Provider (for example, suggestions for improvements or new features), the User acknowledges that such feedback is provided voluntarily and the Provider is free to use, disclose, reproduce, license, or otherwise distribute and exploit the feedback provided by the User as it sees fit, without any obligation or compensation to the User. The User waives any intellectual property claim regarding any improvement or change to Provider’s website based on such feedback.
4.4. Contact for Further Information. Requests for additional explanation (within the limits of trade-secret protection and security) may be directed to contact@cyberkonekt.com. We will respond in a timely manner in accordance with Article 15 EU General Data Protection Regulation and other applicable legislation.
5. Paid Services, Subscriptions, and Payment Terms
5.1. Paid Features. While the basic use of Provider’s website may be free, the Provider offers certain premium features or services for a fee. The specific types of paid plans, features, and pricing are described on Provider’s website. By purchasing or subscribing to any paid feature, the User agrees to the pricing, payment, and subscription terms applicable to that feature as set forth at the time of purchase, in addition to these general Terms.
5.2. Prices and Taxes. All prices are stated in the applicable currency and include any applicable sales taxes, unless otherwise indicated. The Provider reserves the right to change the pricing for paid services; however, price changes for ongoing subscriptions will be communicated to subscribers in advance in accordance with Section 8 (Changes to the Terms and Services). If the User does not agree to a price change, they may cancel the subscription before the new price takes effect. The changes in the prices shall not affect agreed period and already paid service.
5.3. Payment Processing. Payments for Provider’s website’s paid services are handled via authorized third-party payment processors. By entering payment information (such as credit card details), the User authorizes the Provider or its payment processors to charge the stated fees to the provided payment method. The User must provide current, valid payment information and promptly update it if it changes (for example, upon card expiration). The Provider does not store full payment card details on its own servers; storage and handling of such data are subject to the third-party processor’s terms and security measures.
5.4. Subscriptions and Auto-Renewal. Some paid services are offered on a subscription basis (for example, monthly subscriptions). Unless otherwise stated, subscriptions will automatically renew at the end of each billing cycle (for example, on a monthly basis for monthly subscriptions) for the same period, and the User’s chosen payment method will be charged the then-current subscription fee, until the User cancels the subscription. The Provider will notify the User of the auto-renewal feature in the subscription process. The User can cancel the subscription at any time through the settings or by contacting customer support; cancellation will stop future renewals but will not retroactively refund the current term (except where required by law). After cancellation, the User will continue to have access to the paid features until the end of the current paid period that has been paid for.
5.5. Free Trials and Promotions. The Provider may offer free trials or promotional subscriptions for a limited period (for example, three days). If the User is required to enter payment details for a free trial, the User will only be charged once the trial period ends, unless they cancel before that date. If not cancelled in time, the subscription will start and auto-renew as described above. The User is responsible for keeping track of the trial period and understanding that charges may apply if they do not cancel before the trial ends.
5.6. Right of Withdrawal (EU Consumers). If the User is a consumer resident in the European Union (or another jurisdiction with similar consumer protection for distance contracts), they may have a legal right to withdraw from a purchase of digital services within 14 days from the conclusion of the contract without giving any reason, as per EU Directive 2011/83/EU on Consumer Rights and national implementing laws. However, by purchasing a digital service or subscription that provides immediate access to digital content/features, the User hereby expressly consents to the Provider beginning performance of the contract before the 14-day withdrawal period has expired, and acknowledges that they will thereby lose the right to withdraw once the service has begun in full (for example, when they start using a premium feature). This consent and acknowledgment will be obtained during the purchase process (for example, via a checkbox). If the User does not provide such consent, the User’s access to the digital content will be withheld until the 14-day period has passed or a different arrangement is made.
5.7. Cancellation and Refunds. Apart from the withdrawal right for EU consumers (which is waived upon immediate performance as described above), all purchases and subscription fees are generally non-refundable, except where the law requires a refund or where the Provider, in its sole discretion, decides to issue a refund (for example, in case of a technical fault or service outage significantly affecting a paid service). If the User believes they are entitled to a refund (for example, if a paid service is not delivered as described or is defective), they should contact the Provider’s customer support. The Provider will assess refund requests in line with consumer rights laws and its internal refund policy. Any approved refunds will be processed using the same payment method originally used by the User, unless otherwise agreed.
5.8. Subscription Upgrades and Downgrades. The User may have the option to upgrade or downgrade their subscription tier. Upgrading may take effect immediately, with a pro-rated charge or immediate charge of the new plan’s fee and possibly a credit for the unused portion of the prior plan, as detailed at the time of upgrade. Downgrading (switching to a lower plan) will usually take effect at the end of the current paid period (to avoid loss of access to features already paid for), unless the Provider specifies otherwise. The Provider will inform the User of how changes in plan affect billing and features at the time the User elects to change their plan.
5.9. Late Payments. If a scheduled payment for a subscription fails (for example, due to an expired card or insufficient funds), the Provider may attempt to re-charge the payment method, and the User will be notified of the failure. If payment is not completed within a certain grace period, the Provider reserves the right to suspend or downgrade the User’s access to paid features until payment is received. The User is responsible for any fees or charges incurred from their payment provider due to attempted charges or overdrafts.
5.10. Changes to Paid Services. The Provider may add, modify, or remove premium features and subscriptions. If any such change will materially affect current subscribers, the Provider will notify those subscribers in advance (for example, if a feature is being discontinued or moved to a higher plan). If a paid service is discontinued entirely, the Provider may offer a pro-rata refund for the remaining period or an alternative service, in accordance with legal requirements.
6. Content Moderation, Notice and Takedown, and Reporting Mechanisms
6.1. Monitoring and Moderation. The Provider does not monitor User content accessed through Provider’s website. However, if the Provider, in its sole discretion, determines that any content violates these Terms, any law or regulation, or is otherwise objectionable or may expose the Provider or Users to harm or liability, the Provider has the right to limit User’s rights.
6.2. Suspension or Termination (for Violations). The Provider may suspend or terminate a User’s access to website if the User seriously or repeatedly violates these Terms or legal provisions. In less severe cases or first-time violations, the Provider will typically issue a warning to the User and may apply temporary restrictions (for example, read-only mode, feature limitations) before resorting to suspension or termination. In cases of serious violations (for example, engaging in fraud, actions that threaten other users’ safety or Provider’s integrity), the Provider may suspend or terminate immediately. The Provider will notify the User of such suspension or termination and provide the reasons, unless legally restricted. Suspended Users may appeal as described above. The User may be prohibited from re-registering without permission.
6.3. Reporting Abuse of Provider’s website. If a User becomes aware of any misuse of Provider’s website, security vulnerabilities, or any conduct by another User that is not in compliance with these Terms, we encourage the User to report it to the Provider (via the contact methods provided). All reports will be handled confidentially to the extent possible, and the Provider will take appropriate action as necessary to address the issue. Knowingly submitting false or misleading reports (for example, to harass another User or cause wrongful removal of content) is a serious violation of these Terms. The Provider may take action against anyone who abuses the reporting system, which could include suspension of their access.
7. Disclaimers of Warranty; Limitation of Liability; Indemnification
7.1. No Warranty for Provider’s website. Provider’s website and all services and content provided by the Provider are offered on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Provider disclaims all warranties, whether express, implied or statutory, regarding Provider’s website. This includes, but is not limited to, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, or that Provider’s website will meet the User’s requirements or achieve any intended results. The Provider does not guarantee that Provider’s website will be uninterrupted, secure, or error-free, or that any defects will be corrected in a timely manner. While the Provider endeavors to maintain a reliable and safe service, the Provider makes no warranty that Provider’s website will be free of viruses or other harmful components. The User assumes all responsibility for their use of Provider’s website and any content obtained through it. The User understands that such services may occasionally be subject to interruptions or errors and agrees that such occurrences will not constitute a breach of these Terms by the Provider.
7.2. Limitation of Liability. To the extent not prohibited by law, the Provider (and its officers, directors, employees, affiliates, agents, and subcontractors) shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profit, revenue, data, business, or goodwill, arising out of or in connection with the User’s use of (or inability to use) Provider’s website or these Terms. This limitation applies regardless of the legal theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if the Provider has been advised of the possibility of such damages.
7.3. Cap on Direct Damages. To the extent the Provider is found liable for any claim arising from or related to Provider’s website or these Terms, the Provider’s total cumulative liability towards the User shall be limited to the greater of: (a) the total amount of fees the User has paid to the Provider for use of Provider’s website in the six (6) months immediately preceding the event giving rise to the liability, or (b) EUR 100 (one hundred Euro). This cap on liability does not apply to liability for death or personal injury caused by the Provider’s negligence, or for the Provider’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law (for example, certain statutory liabilities under Czech law or consumer protection laws).
7.4. Consumer Right. If the User is using Provider’s website as a consumer (and not as a business user), the above exclusions and limitations apply only to the extent permitted by applicable consumer protection law. In some jurisdictions, including the Czech Republic and EU member states, certain warranties cannot be excluded for consumers and certain liabilities cannot be waived. Nothing in these Terms shall deprive a consumer of any rights they have under law. These Terms operate in addition to, and do not exclude, such mandatory rights.
7.5. User’s Liability. The User shall be liable to the Provider for any breach of these Terms or violation of law that causes damage or loss to the Provider. The User agrees to use Provider’s website in accordance with these Terms and is responsible for any consequences arising from their misuse of Provider’s website or violation of any laws.
7.6. Indemnification. The User agrees to indemnify, defend and hold harmless the Provider and its officers, directors, employees, and agents from and against any and all losses, liabilities, claims, demands, damages, expenses or costs (hereinafter the “Claims”), including reasonable attorneys’ fees, arising out of or related to: (a) the User’s breach of these Terms or violation of any law or regulation; (b) the User’s infringement of any intellectual property or other rights of any third party in connection with their use of Provider’s website; (c) any misuse of Provider’s website by the User or anyone using the User’s credentials (including wrongful or unlawful conduct within Provider’s website); or (d) any dispute between the User and another User or a third party arising from use of Provider’s website. The User’s obligation to indemnify will survive any termination of this Agreement and will apply even if the User’s access is suspended or terminated. The Provider will give the User prompt notice of any such Claim and shall have the right to assume the exclusive defense and control of the matter, though the User may participate in the defense at their own expense. The User agrees not to settle any indemnified Claim without the Provider’s prior written consent (which shall not be unreasonably withheld).
7.7. Third-Party Services and Links. Provider’s website may contain links to third-party websites or services or integrate third-party offerings. The Provider is not responsible for any third-party websites or services, which may have their own terms and privacy policies. The inclusion of any link or third-party service on Provider’s website does not imply endorsement by the Provider. The User accesses any third-party content at their own risk. To the maximum extent permitted by law, the Provider will have no liability arising from the User’s use of or reliance on any third-party content or services.
7.8. Force Majeure. The Provider shall not be liable for any failure or delay in performance of its obligations under these Terms if such failure or delay is caused by events beyond the Provider’s reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes or labor disputes, electrical or telecommunications outages, cyber-attacks, natural disasters, epidemics or pandemics, governmental actions, or any other force majeure event. In such case, the Provider’s obligations will be suspended for the duration of the event, and the Provider will use reasonable efforts to resume normal services as soon as practicable.
7.9. The User acknowledges that the Provider is not responsible for failures caused by the User’s technical equipment, internet connection, software or related tools. The User further acknowledges that it is responsible for the timely installation of any updates required for the proper functioning of the Services, and that the Provider is not liable for failures caused by the failure to perform mandatory updates, in which case the User shall not have rights under defective performance.
7.10. During the term of the contractual relationship, pursuant to which the Services are provided, the Provider is entitled to add features, functions, improve existing features, change algorithms, remove content in order to meet contractual obligations of third parties, comply with legal requirements, add features and functions, improve existing features, change algorithms, fulfill contractual obligations to other suppliers in the chain. The User will always be informed of such changes in advance.
8. Changes to the Terms and Services
8.1. Updates to Terms. The Provider reserves the right to modify or update these Terms, especially to reflect changes in the services, adapt to new legal requirements (such as updates in the consumer laws, or other laws and regulations), or for other valid business reasons. When the Terms are updated, the Provider will notify Users by appropriate means. Notification may include posting the revised Terms on Provider’s website with a new “Effective Date” and/or sending an e-mail or in-app message to Users (particularly if the changes are material).
8.2. User’s Acceptance of Changes. Continued use of Provider’s website after the effective date of updated Terms constitutes acceptance of the revised Terms. However, if the changes include material changes that adversely affect the User’s rights or obligations, the Provider will provide advance notice (normally at least 15 days prior to the changes taking effect, unless a longer period is required by applicable law). In such case, if a User does not agree to the revised Terms, they have the right to terminate their access and stop using Provider’s website before the effective date of the changes. The Provider will inform Users of this option in the notice. For Users who are consumers in the EU, any changes to these Terms that are not dictated by law or that significantly alter the contractual balance to the User’s detriment will either require the User’s explicit acceptance or will allow the User to discontinue using Provider’s website.
8.3. Notice of Changes. The notice of changes will clearly outline the modifications made and the date they become effective. The Provider may also provide a summary of key changes for clarity. Users are encouraged to review any updated Terms in full. If required by law, the Provider will seek the User’s explicit consent to changes (for example, via a pop-up requiring agreement).
8.4. Changes to Services. The Provider may also update, expand, reduce, or discontinue certain features of Provider’s website. The Provider reserves the right to introduce new services or features (which may be subject to additional terms or fees), or to discontinue or alter existing services or features. If any such change to the services is likely to have a significant negative effect on Users’ use of Provider’s website or on a paid subscription, the Provider will provide advance notice and an opportunity for Users to cancel their subscription or terminate use before the change, as appropriate and in compliance with consumer protection laws. In cases of changes required to comply with law or for security reasons, the Provider may not be able to provide advance notice but will inform Users as soon as practicable.
8.5. Unilateral Contract Changes (Consumers). In the event that the User is a consumer and the Provider wishes to unilaterally amend the Terms governing an ongoing contract (such as a subscription), such amendment will be made only in accordance with applicable consumer protection laws. Generally, the Provider will have a valid reason for the change (for example, a change in law, a technical adjustment, an upgrade or reduction in services, or to prevent abuse) and will notify the User reasonably in advance. The User will then have the right to reject the changes and terminate the contract without any penalty before the date of effect. If the User continues to use the service beyond that date, it will be taken as consent to the new terms.
8.6. Historical Versions. The Provider will maintain an accessible archive or summary of previous versions of these Terms (with their effective dates) upon request.
8.7. Continuity. Unless explicitly stated, any changes to these Terms will not retroactively affect actions taken or rights acquired by Users under a previous version of the Terms. Any disputes that arose before the update will be governed by the Terms in place at the time of the events in question.
9. Termination of Use
9.1. User Termination. The User may discontinue all use of Provider’s website. The User is advised to back up any content or data they wish to keep before terminating the access.
9.2. Voluntary Cessation of Service. The User also has the option to simply stop using Provider’s website without formal termination procedure. However, the User acknowledges that the Provider may continue to maintain the User’s data until the User actively deletes the credentials or until the Provider chooses to remove inactive access pursuant to its data retention policies.
9.3. Provider Termination or Suspension. The Provider may terminate or suspend the User’s access to Provider’s website, under the conditions set forth herein. Additionally, the Provider reserves the right to terminate Provider’s website or any part of it (meaning to cease operations entirely) for all Users, though in such case the Provider will provide as much prior notice as reasonably possible to all Users.
9.4. Notice of Termination. Except in urgent cases of serious breach (where immediate termination is justified), the Provider will give the User prior notice of termination or suspension, stating the reason and effective date. If the termination is due to breach of Terms, the Provider may give the User an opportunity to cure the breach (if it is something that can be remedied) within a specified time, at the Provider’s discretion. If the breach is remedied to the Provider’s satisfaction, the access may not be terminated. If not, termination or prolonged suspension will proceed.
9.5. Effect of Termination. Upon termination of the User’s access for any reason:
9.6. Survival. The provisions of these Terms that by their nature should survive termination shall continue to apply after termination. This includes, without limitation, clauses regarding intellectual property (Section 4), disclaimers and liability (Section 7), governing law and disputes (Section 10), and any other clause that is stated to survive or that is necessary for interpretation or enforcement of the agreement after termination.
9.7. No Effect on Right to Recover Breaches. Termination of using Provider’s website (whether by the User or based on the Provider’s decision) does not waive the right of either party to seek remedies for any breach of these Terms that occurred prior to termination. If the User violated the Terms, the Provider may still pursue legal action or damages after termination; similarly, if the Provider failed to meet its obligations, the User retains any legal rights they may have accrued up to termination.
9.8. Provider’s website Shutdown. In the event that the Provider decides to permanently discontinue Provider’s website’s operation entirely, the Provider will make reasonable efforts to notify Users in advance (for example, via e-mail and notices in the app). The notice will include the expected shutdown date. Up until that date, these Terms remain in effect. After the shutdown, all User accesses will be terminated, and the Provider will delete or anonymize personal data in accordance with its data retention policy and legal requirements. The Provider may provide Users the ability to export their content or data before shutdown, where feasible. Any prepaid subscription fees covering a period beyond the shutdown date will be reimbursed pro-rata.
10. Dispute Resolution
10.1. Initial Resolution and Support. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the use of Provider’s website, the User and the Provider shall first attempt to resolve the dispute through informal negotiations in good faith. The User can contact the Provider’s support or legal contact at contact@cyberkonekt.com to discuss and seek resolution of any concern. The Provider will attempt to respond and resolve issues promptly.
10.2. Mediation or Alternative Dispute Resolution. If a dispute cannot be resolved informally, and the User is a consumer, the User may have the option to use an alternative dispute resolution (hereinafter the “ADR”) procedure. Under Czech consumer protection law (especially the Act No. 634/1992 Coll., on Consumer Protection, as amended), consumers may submit disputes to an ADR entity. In the Czech Republic, the designated consumer ADR entity is the Czech Trade Inspection Authority (in Czech Česká obchodní inspekce), or another authorized ADR body as listed by the Ministry of Industry and Trade. Contact details for the Czech Trade Inspection Authority are www.coi.cz and adr@coi.cz. The Provider will cooperate in good faith with any ADR proceedings if a consumer chooses this path. Please note that while ADR is available and encouraged, it is voluntary for the consumer, and the outcome may not be binding unless accepted by both parties.
10.3. EU Online Dispute Resolution. For consumers in the European Union, the European Commission provides an online dispute resolution (hereinafter the “ODR”) platform, which can be accessed at https://ec.europa.eu/consumers/odr. Consumers can use this platform to submit a complaint about an online purchase or service and to find a neutral dispute resolution body. The Provider’s contact e-mail for ODR purposes is contact@cyberkonekt.com. However, the Provider notes that the ODR Provider may redirect disputes to the above-mentioned national ADR bodies.
10.4. Litigation. If a dispute arises that cannot be resolved amicably or through ADR, either party may bring a claim in the courts as specified in Section 12 (Governing Law and Jurisdiction). For clarity, nothing in these Terms (including the agreement to negotiate or use ADR) will prevent either the User or the Provider from seeking interim or injunctive relief from a competent court in cases of urgency (for example, to prevent misuse of intellectual property or breach of data protection rights) or from filing a lawsuit within the applicable statutory limitation periods.
10.5. Class Action Waiver (if applicable). To the fullest extent permitted by applicable law, each party agrees that any claim, dispute, or controversy arising out of or relating to these Terms or Provider’s website shall be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, representative, consolidated, or private-attorney-general action or proceeding.
10.6. Costs of Dispute Resolution. Each party shall bear its own costs arising from any negotiation or dispute resolution process, unless a settlement or a binding decision provides otherwise. If a dispute is brought to court and the court awards costs, then costs will be allocated as determined by the court’s judgment (typically to the prevailing party, subject to court rules). For ADR, the costs (if any) will depend on the rules of the ADR provider; some consumer ADR services are low-cost or free for consumers in the European Union. The Provider will not reimburse the User for legal fees or expenses unless ordered by a court or required by law.
11. Governing Law and Jurisdiction
11.1. Governing Law. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of the Czech Republic, in particular by the Czech Act No. 89/2012 Coll., the Civil Code, as amended, and other applicable Czech legislation, without giving effect to any conflict of laws principles that would result in the laws of another jurisdiction governing. This choice of Czech law applies only to the extent that it does not deprive a consumer User of protections afforded to them by mandatory laws of their country of habitual residence. In other words, if the User is a consumer resident outside the Czech Republic, they may also invoke the mandatory consumer protection laws of their country of residence, insofar as those laws provide greater protection than Czech law.
11.2. Jurisdiction. The courts of the Czech Republic shall have jurisdiction to hear any dispute or claim arising out of or related to these Terms or the use of Provider’s website. If Czech law specifies a particular court for consumer matters, that court’s jurisdiction may apply. For instance, under EU law, consumers generally have the option to bring claims in the courts of their own country of residence as well. The Provider and the User agree to submit to the personal jurisdiction of the Czech courts (specifically, the court having local jurisdiction, such as the courts in the district where the Provider’s seat is located, unless otherwise dictated by law) for resolving any legal action or proceeding arising under these Terms. Notwithstanding the above, if the User is a consumer residing in the European Union, nothing in these Terms affects their right to bring proceedings in their country of residence under Article 18 of Regulation (EU) No 1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Recast), and to have disputes resolved under the law of that country where mandated by consumer protection law.
11.3. Legal Compliance in Other Jurisdictions. The Provider does not guarantee that Provider’s website or these Terms comply with laws of any jurisdiction outside the Czech Republic or the European Union. Users access Provider’s website on their own initiative and are responsible for compliance with any local laws applicable to their use. If use of Provider’s website is contrary to law in the User’s location, the User should not use B Provider’s website. The Provider’s offering of Provider’s website in a particular country is not a statement that Provider’s website is lawful or available for use in that country.
11.4. Language of the Terms. These Terms are drawn up in the English language. If these Terms are translated into another language (such as Czech) and provided to Users, the translation is for reference and local compliance only. Both parties acknowledge that the English version of these Terms is intended to be equally legally binding.
11.5. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court or authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable (or, if such modification is not possible, the provision shall be severed and ignored). The validity and enforceability of the remaining provisions of these Terms shall not be affected and shall remain in full force. If a provision is severed due to being unlawful or unfair in a consumer contract context, the parties shall endeavor to agree on a lawful and fair replacement provision reflecting the original intent, to the extent possible.
11.6. No Waiver. The failure of the Provider to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of rights by the Provider must be in writing to be effective and shall not imply any future waiver of any other right. Similarly, the exercise of any remedy by the Provider under these Terms does not preclude the exercise of any other remedy available to the Provider by law or equity.
11.7. Entire Agreement. These Terms (together with the Privacy Notice and any additional terms referenced herein or agreed in writing at the time of specific service use) constitute the entire agreement between the User and the Provider regarding the User’s use of Provider’s website, and supersede any prior agreements, understandings, or arrangements (whether oral or written) relating to the same subject matter. The User confirms that, in agreeing to these Terms, they have not relied on any statement, representation, warranty, or understanding that is not expressly set out in these Terms.
11.8. Assignment. The User may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of the Provider. The Provider may assign or transfer its rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to Provider’s website and will notify Users of any such assignment. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
11.9. Relationship of Parties. Nothing in these Terms shall be construed to create any partnership, joint venture, employment, or agency relationship between the User and the Provider. The User and the Provider are independent contracting parties. The User has no authority to bind the Provider or incur obligations on the Provider’s behalf.
11.10. Notices. Communications from the Provider to the User (apart from routine Provider’s website notices) regarding matters such as material changes to the Terms or legal matters will be given by e-mail to the address associated with the User, or via a prominent notice on Provider’s website. Notices from the User to the Provider should be sent via the contact information provided in these Terms or via any official contact channels on Provider’s website. E-mail notices shall be deemed received 24 hours after the e-mail is sent, unless the sender is notified that the address is invalid or the message was not delivered. Postal notices (if provided) shall be deemed received on the fifth business day after posting if sent by international courier or registered post, provided they are sent to the correct address.
11.11. Authority and Signature. These Terms are agreed to electronically, and this electronic acceptance has the same legal effect as a handwritten signature. The person accepting on behalf of the User (whether the User themselves or a representative of a company) confirms that they have the legal authority to do so.
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