This English text is a courtesy translation. The legally binding version of these terms is the Czech original, available here. Capitain in CZ/SK is operated by Digital Hotspot CZ s.r.o.

TERMS AND CONDITIONS

Of Digital Hotspot CZ s.r.o., Company ID: 177 75 710, registered office at Radlická 663/28, Smíchov, 150 00 Prague 5, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 376505, governing the terms of operation and use of the Platform "Capitain" operated by the Operator (hereinafter referred to as the "Terms and Conditions").

1. DEFINITION OF BASIC TERMS

1.1. Operator – the company Digital Hotspot CZ s.r.o., Company ID: 177 75 710, registered office at Radlická 663/28, Smíchov, 150 00 Prague 5, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 376505.

1.2. Website – the Operator's website at https://www.capitain.cz/.

1.3. Platform – platform available at https://capitain.app/en/.

1.4. Client – a natural person conducting business or a legal entity that has its registered office or conducts business or similar activities in the territory of the Czech Republic or the Slovak Republic, entering into an Agreement with the Operator.

1.5. Agreement – an agreement on the use of the Platform concluded according to these Terms and Conditions, the content of which is determined by these Terms and Conditions.

1.6. Contracting Parties – the Operator and the Client.

1.7. Customer – the Client's customer.

1.8. Customer Data – data (including personal data) relating to the Customer, which the Client, as the controller of this data, uploads to the Platform.

1.9. Exportable Data – input and output data, including metadata, that is directly or indirectly created or co-created by the Client when using the Platform, with the exception of data or assets of the Operator or a third party that are protected by intellectual property rights or that constitute a trade secret. A more detailed specification of the Exportable Data is provided at https://www.capitain.cz/en/prenositelnost-dat.

1.10. User – a user sub-account created by the Client within their Account for the Client's employees or other persons participating in the Client's activities on behalf of and for the account of the Client. These are not independent Clients.

1.11. Subscription – a subscription entitling Full Access to the Platform under the conditions set out in these Terms and Conditions.

1.12. Free Version – access to the Platform that is free of charge and serves to try out the Platform before purchasing a Subscription. The provision of the Free Version is at the Operator's discretion and there is no legal entitlement to it. The Free Version is time-limited. Certain functionalities of the Platform may be limited within the Free Version.

1.13. Full Access – access to the Platform based on a Subscription.

2. SUBJECT OF THE TERMS AND CONDITIONS

2.1. These Terms and Conditions regulate, in accordance with the provision of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of the Agreement entered into between the Operator and the Client, on the basis of which the Operator enables the Client to use the Platform, the conditions of which are governed by these Terms and Conditions. The provisions of the Terms and Conditions form an integral part of the Agreement from the moment the Agreement becomes effective.

2.2. Provisions deviating from the Terms and Conditions can only be agreed in writing. Such deviating agreements are part of the Agreement and take precedence over the provisions of these Terms and Conditions.

2.3. These Terms and Conditions apply to the use of the Platform only by natural or legal persons who act when concluding the Agreement and using the Platform within the framework of their business activities or within the framework of their independent professional activities (i.e., as entrepreneurs) and at the same time have their registered office or conduct business or similar activities in the territory of the Czech Republic or the Slovak Republic. The Platform is not intended for natural persons - consumers and also for legal entities and natural persons conducting business who do not have their registered office or do not conduct business or similar activities in the territory of the Czech Republic or the Slovak Republic.

3. PLATFORM

3.1. The Platform is available at https://capitain.app/en/. The Platform can only be used on the basis of a concluded Agreement through the Website under the conditions set out below.

3.2. The Platform is available in software as a service mode exclusively through remote access (through the relevant Website) and the Client will not receive any copy of the Platform; The Client can only access the Platform by using remote access.

3.3. The Platform is a fully automated tool and any use of its functions by the Client is the Client's responsibility.

3.4. For the functioning of the Platform, the Client may upload their data, documents, materials, Customer Data, and other content to the Platform for processing by the Platform and for the provision of the Platform's functionalities, which include, for example, extracting information from documents uploaded by the Client or User to the Platform directly or through other services.

3.5. The Operator undertakes to make reasonable efforts to ensure that the Platform is available and functional. However, the Client acknowledges that despite the Operator's efforts, the Platform may not always be fully available, especially due to necessary maintenance of the Operator's or third parties' hardware and software equipment. The Operator is not liable for any damage suffered by the Client due to the unavailability or malfunction of the Platform.

3.6. The Operator is entitled to make changes to the content and functions of the Platform at any time, including their termination. The Operator will inform the Client about these changes in advance, if possible, but changes may also be made without prior notice. This happens automatically and these Terms and Conditions also apply to the updated Platform. The Client is not entitled to refuse changes, as the Platform is provided "as is". However, the Client has the option to terminate the use of the Platform in accordance with these Terms and Conditions. However, the Operator is not obliged to provide the Client with Platform updates.

4. CONCLUSION OF THE AGREEMENT

4.1. The Agreement is concluded on the basis of an order in the form of Client registration made through an electronic registration form for a Free Version available on the Website (hereinafter referred to as "Registration"). The Client must fill in all data required by the electronic registration form as mandatory in the Registration. The Client is obliged to provide only correct, complete, and up-to-date information.

4.2. On behalf of the Client who is a legal entity, a natural person who is authorized to act on behalf of the Client in this scope always acts when concluding the Agreement (hereinafter referred to as the "Authorized Person"). By submitting the Registration, the Authorized Person confirms that they have all necessary authorizations and powers to act on behalf of the Client in this way. The Authorized Person is not a contracting party to the Agreement; only the Client is always the contracting party.

4.3. By submitting the Registration, the Client confirms that they have read these Terms and Conditions and agree with their wording, which they also confirm by checking the appropriate checkbox. The Client also confirms that they acknowledge the Personal Data Processing Terms available for viewing on the Website.

4.4. Upon delivery of the Registration form to the Operator, the Operator will contact the Client with an offer to conclude an Agreement; The Operator is entitled to offer a Free Version or directly a Subscription, at its discretion. If the Client raises objections to the offer or proposes changes to the offer in response to the Operator's offer, the Operator must expressly agree to these; otherwise, the Agreement cannot be concluded.

4.5. The Agreement is concluded provided that the Operator and the Client have agreed on the terms of the Agreement and:

4.5.1. in the case of offering a Free Version, at the moment of the first login of the Authorized Person to the Platform;

4.5.2. in the case of offering a Subscription without a Free Version, upon proper payment of the Subscription Price; in this case, the Operator will grant the Client access to the Platform within the Subscription from the day agreed based on the Subscription offer, otherwise no later than 3 (three) days from the conclusion of the Agreement.

4.6. The Operator reserves the right to interrupt or terminate negotiations on Registration at any time; the provision of Section 1729 of the Civil Code does not apply.

5. CLIENT ACCOUNT, USERS

5.1. Upon conclusion of the Agreement, an email with a link to set up their user account through a third-party service will be sent to the Client at the email address specified in the Registration without undue delay after the conclusion of the Agreement, in the case of a Free Version after the Operator and Client confirm the Free Version terms with a link, through which they will be allowed to access the Platform and use its functionalities (hereinafter referred to as the "Account").

5.2. An Account always belongs to one Client - a business entity (natural or legal person) with their own Company ID. Each Client can only set up one Account.

5.3. The Client is responsible for the correctness and truthfulness of all information provided in the Account. In case of any changes, the Client is obliged to update the information without undue delay. The Operator is not liable for any damage incurred if the Client enters incorrect or inaccurate information in the Account or violates their obligation to update information within the Account according to this paragraph.

5.4. To access the Account, it is necessary to correctly enter the Client's login credentials. The Client is obliged to properly protect their login credentials and prevent any third party from unauthorized access to the access credentials (persons authorized to act on behalf of the Client are not considered third parties). The Client is liable for damage caused by insufficient protection of their login credentials. In case of suspicion of disclosure of access credentials or their misuse, the Client must change their access credentials without undue delay and at the same time contact the Operator at podpora@capitain.app. The Client bears full responsibility for activity taking place on their Account, regardless of whether it is performed by the Client, Users, another person authorized by the Client, or another third party.

5.5. The Operator is not liable for damage arising as a result of unauthorized access to the Account by a third party due to the Client's failure to comply with obligations arising from these Terms and Conditions.

5.6. The Client is entitled to create Users within the Account - sub-accounts for the Client's employees or for other persons who access the Platform for the purpose of performing activities that they perform on behalf of and for the account of the Client. The maximum number of Users that the Client can create within their Account is determined by the specific terms of the Subscription that the Client uses. Individual Users may be assigned certain roles and their user permissions may be limited depending on the Client's decision and the Platform's capabilities. The Client is responsible for the use of the Platform by Users as if they were acting themselves; the conditions for using the Platform through Users are similarly governed by the conditions for using the Client's Account. The Client is not entitled to allow access to the Platform to third parties who do not perform activities for the Client on behalf of and for the account of the Client. For providing access credentials and changing passwords, paragraph 5.3 of the Terms and Conditions applies to Users accordingly.

6. FREE VERSION

6.1. At the Operator's discretion, the Client may first be provided with a Free Version for a period agreed in the Agreement.

6.2. The Client acknowledges that not all functions of the Platform may be unlimitedly accessible within the Free Version.

6.3. If the Client does not pay the Subscription Price properly by the last day of the Free Version, the Agreement is automatically terminated and the Client loses the ability to use the Platform, and the Operator will delete all data and Content of the Client from the Platform upon termination of the Agreement, and the Client has no claims against the Operator in this regard. If the Client pays the Subscription Price properly and on time (i.e., the payment is credited to the Operator's account) by the last day of the Free Version at the latest, they will be entitled to use the Platform within Full Access from the first day following the last day of the Free Version, within the scope according to their Subscription. The period for which the Subscription is paid begins to run from the first day of Full Access to the Platform.

7. SUBSCRIPTION PRICE AND OTHER PAYMENTS

7.1. During the duration of the Free Version, the Operator allows the Client to use the Platform free of charge.

7.2. In Full Access mode, the Operator allows the Platform to be used for a fee, where the price for using the Platform is determined by the price list that was agreed by the Operator and the Client within the Subscription offer submitted by the Operator (hereinafter referred to as the "Price List"). The Operator may adjust or change the Price List if necessary; the Operator will always inform the Client about any changes to the Price List with sufficient advance notice. Any changes to the Price List do not affect the already paid Subscription Price.

7.3. The Client undertakes to pay the price of the agreed Subscription for Full Access to the Platform (in these Terms and Conditions only the "Subscription Price").

7.4. With the exception of automatic renewal of the Agreement in accordance with paragraph 14.2 of the Terms and Conditions, the Subscription Price is paid in advance for the duration of the Subscription. Without proper payment of the Subscription Price, the Operator will not provide the Client with Full Access to the Platform.

7.5. For payment of the Subscription Price, the Operator will issue the Client a tax document meeting the requirements of legal regulations.

7.6. All prices in the Price List are stated without value added tax. Value added tax will be added to all prices at the statutory rate. For VAT purposes, the date of realization of partial taxable supplies is understood to be the last day of the calendar month in which the performance under the Agreement was provided.

7.7. All Client payments under the Agreement will be paid by bank transfer to the Operator's bank account specified in the Price List or, if the Platform allows at the time, through a payment gateway online by card. Payments are made on the day the respective amount is credited to the Operator's bank account.

7.8. The Operator accepts payments in the following currencies: CZK for Clients with their registered office or conducting business or similar activities in the territory of the Czech Republic, EUR for Clients with their registered office or conducting business or similar activities in the territory of the Slovak Republic

7.9. The costs of ensuring access to the Platform (especially fees for internet connection), bank fees for cross-border payments, and all costs of conversion between currencies (if the Client pays in a currency other than one of those specified in paragraph 7.8) are borne by the Client.

8. RIGHTS AND OBLIGATIONS OF CLIENTS

8.1. The Client undertakes to use the Platform exclusively in accordance with legal regulations and these Terms and Conditions. The Client is not entitled to use the Platform for any other purposes or in any other way than as stipulated by these Terms and Conditions. The Client then primarily undertakes that

8.1.1. they will not interfere with the rights of third parties or the Operator when using the Platform or in connection therewith,

8.1.2. they will not unlawfully interfere with the Platform and will not attempt to gain access to the Platform in any way other than by using the designated login credentials and through the relevant interface; in particular, they will not in any way reproduce, modify, decompile, or otherwise interfere with the Platform, related source codes, and documentation, unless expressly authorized in writing by the Operator,

8.1.3. they will not use the Platform in a way that could damage it.

8.1.4. they will not conceal, hide, or falsify their identity.

8.2. Clients are prohibited from uploading to the Platform, processing through the Platform, or otherwise using or distributing through the Platform any content that violates the rights of third parties or is for any reason illegal or is not relevant to the usual way of using the Platform, in particular:

8.2.1. violates intellectual property rights (especially rights to trademarks, industrial designs, trade name, copyright, or rights related to copyright) or constitutes unfair competition,

8.2.2. incites the commission of a criminal offense or other delictual act or approves such conduct, or otherwise supports perpetrators of such activity,

8.2.3. interferes with the personal rights of third parties, e.g., contains false information about a third party that could harm that person, unlawfully displays an image or otherwise uses other protected personal characteristics,

8.2.4. contains pornographic content or content that is contrary to public order or good morals,

8.2.5. supports or promotes terrorist or extremist movements or other movements aimed at suppressing human rights and freedoms,

8.2.6. is contrary to personal data protection regulations.

8.3. The Client bears full responsibility for all content that they upload to the Platform in connection with using the Platform. The Operator is not obliged to filter or review the Client's content in any way. This does not affect the Operator's ability to suspend the Client's ability to upload further content to the Platform at any time, or to suspend the display of content or delete the Client's content that violates especially Czech or EU legal regulations, Terms and Conditions, or the rights of third parties or the Operator (hereinafter referred to as "Illegal Content"), in order to fulfill the Operator's legal obligations (especially if the Operator finds that the Client's content violates legal regulations in any way). The Client has no claims against the Operator in connection with this.

8.4. The Operator will proceed in accordance with paragraph 8.3 of the Terms and Conditions if it receives an order to take measures against Illegal Content from state authorities. The Operator will inform the Client whose content is concerned about receiving such an order. The Operator will also inform the Client in the event that the Operator receives an order from a state authority to provide information about the Client.

8.5. If the Client or User comes into contact with Illegal Content within the Platform, the Client is obliged to immediately inform the Operator about the Illegal Content by email at podpora@capitain.app. The Client is obliged to include in the email the date, time, description of the Illegal Content, including justification of its illegality and a link to this content or its screenshot (hereinafter referred to as "Notice"). The information provided by the Client in the Notice must be accurate and complete. The Operator will confirm receipt of the Notice to the Client. The Operator will then investigate the Notice, and if it finds it justified, will take the necessary measures to prevent the occurrence of Illegal Content on the Platform in accordance with paragraph 8.3 of the Terms and Conditions. It will inform the Client who submitted the Notice and the Client against whose Illegal Content the measure was taken, to whom it will also provide justification for taking the measure, about the measures taken.

8.6. In the event that the Client's Content interferes with the rights of third parties in any way, the Client is obliged, at the Operator's request, to compensate the Operator for all damage suffered by the Operator in connection with the Client's Content's interference with the rights of third parties (including all costs of court or other proceedings). The Client further undertakes to obtain at their own expense for the Operator all rights according to these Terms and Conditions so that the Operator can continue to properly fulfill the Agreement. Other possible claims of the Operator according to legal regulations are not affected by this. The Client will also defend the Operator at their own expense against all possible claims of third parties asserted against the Operator or its Clients or business partners in connection with the Client's Content violating intellectual property rights uploaded to the Platform.

8.7. In the event that the Operator suspects that the Client has violated the Agreement (especially violated the terms of use of the Platform, is in delay with payment of any payment under the Agreement, etc.), the Operator is entitled to suspend the Client's ability to use the Platform and/or its partial functions without further ado, until the suspicion is removed or remedied by the Client. Other claims of the Operator are not affected by this.

9. USER AND PROPERTY RIGHTS TO THE PLATFORM

9.1. The Platform is a copyrighted work within the meaning of Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright, and on Amendment of Certain Acts (Copyright Act), as amended (hereinafter referred to as the "Copyright Act"). Based on the Agreement, the Operator grants the Client authorization to exercise the right to use the Platform in the form in which the Platform is available at any particular time, for the duration of the Agreement, exclusively for the purposes of using the Platform in accordance with these Terms and Conditions, and exclusively in the corresponding manner.

9.2. The Client is not entitled to make the Platform available to third parties, with the exception of making the Platform available to Users participating in the Client's activities on behalf of and for the account of the Client.

9.3. The Client is not entitled to interfere with or modify the Platform in any way, combine it with another work, or include it in a collective work. The Client is not entitled to create any reproductions of the Platform.

9.4. The Client and the Operator exclude all statutory licenses or free uses in favor of the Client that can be excluded by agreement of the parties.

9.5. If, as part of the Operator's performance under the Agreement, any performance is created that is protected under the Copyright Act or as any other protected intangible asset, such performance becomes part of the Platform and the conditions for using the Platform also apply to such performance.

9.6. This Article 9 also applies mutatis mutandis to protected intangible assets other than works protected under the Copyright Act that are part of the Platform and are provided by the Operator.

9.7. The Platform includes integrations to third-party services; the terms of use of these third-party services are governed by the terms of the given third party, which the Client can familiarize themselves with from the providers of these third parties.

10. USER AND PROPERTY RIGHTS TO CLIENT CONTENT

10.1. If the Client uploads to the Platform or otherwise provides to the Operator for the purpose of fulfilling the Agreement any protected intangible asset (especially as a copyrighted work or artistic performance) (hereinafter referred to as "Client Content"), by uploading the Client Content to the Platform or transferring the Client Content to the Operator, the Client grants the Operator a non-exclusive license to use the Client Content for the duration of the Agreement (at most for the duration of property rights to the Client Content), worldwide and for the purposes of fulfilling the Agreement and ensuring the operation of the Platform, for use to the extent and in the ways necessary for this. The Operator is entitled to grant a sublicense to a third party. The Client hereby simultaneously grants consent to the Operator to transfer the license to a third party. The Client provides the license to the Client Content free of charge and has no right to any remuneration in connection with its provision or the use of the Client Content by the Operator. The Contracting Parties exclude the right to any additional remuneration for granting a license to the Client Content, unless this cannot be excluded by agreement of the parties.

10.2. If it is necessary to fulfill the Agreement, the Operator is entitled to modify, process the Client Content, including using artificial intelligence, combine it with other works, or include it in a collective work, or complete unfinished Client Content.

10.3. In the event that the content provided by the Client meets the characteristics of another legally protected intangible asset, the legal relations between the Client and the Operator arising therefrom are governed primarily by the principles set out in this Article 10, especially regarding the right to use the content by the Operator and remuneration for creating such a product.

11. WARRANTIES, LIABILITY

11.1. The Platform is provided "as is". The Client waives all claims for defective performance by the Operator in connection with the Platform, to the extent permitted by Czech law.

11.2. The Operator will make the necessary efforts to ensure the correctness, accuracy, and completeness of data and outputs displayed in the Platform. The Client or User must adapt their handling of this data and outputs accordingly. The Operator is not liable for actions of the Client or User taken based on the Platform's outputs.

11.3. The Operator's liability for any damage suffered by the Client in connection with the use of the Platform is limited to the Subscription Price paid proportionally for the last 6 (six) months of Platform use preceding the occurrence of the damage. The Operator will not be liable to the maximum extent permitted by Czech law for any non-pecuniary damage and lost profits incurred by the Client in connection with the operation of the Platform. The Operator is therefore primarily not obliged to compensate the Client for any damage arising from:

11.3.1. inability to use the Platform;

11.3.2. changes to these Terms and Conditions;

11.3.3. loss, theft, disclosure, or misuse of the Client's access credentials to their Account;

11.3.4. use of the Platform in violation of these Terms and Conditions or the legal system;

11.3.5. use of the Platform that is inherently dangerous;

11.3.6. use of a service or product provided by a third party;

11.3.7. independently of the Operator's will;

11.3.8. incorrect function of the Platform, i.e., e.g., incorrect or incomplete extraction of information from uploaded documents.

11.4. The Client acknowledges that the Operator makes reasonable efforts when fulfilling the Agreement to ensure the security of information transmitted in the Platform. However, the Operator is not liable for a breach of Platform security and transmitted information that occurred independently of the Operator's will despite the Operator's reasonable efforts to secure the information.

11.5. The Client is obliged to take all appropriate measures to protect their data, especially by creating backups in machine-readable formats at intervals that are standard for this area of activity, but at least once a day. The Operator is not liable for the loss of Client data and its recovery if such loss could have been prevented by fulfilling the obligation set out in this provision.

12. TECHNICAL SUPPORT

12.1. The Client is entitled to contact the Operator for the purpose of resolving Platform functionality, especially in cases where the Platform or its functions are unavailable. To contact the Operator, it is possible in these cases to use the email contact podpora@capitain.app. Client reports will be addressed on working days from 8:30 to 16:30.

12.2. The Operator will inform the Client about the result of resolving their request in the manner that the Client used for contact.

13. INFORMATION PROTECTION

13.1. The Contracting Parties are aware that in the course of fulfilling the Agreement, they may provide each other with information that will be considered confidential. Unless the Contracting Parties expressly agree otherwise in writing, confidential information is all information that is or could be part of a Contracting Party's trade secret, i.e., for example, information about Customers, Customer Data, information about business and marketing procedures and strategies, know-how, contracts with third parties, business partners, employees and internal relations, information about individually agreed terms of the Agreement and the fulfillment of the Agreement, as well as all other information whose disclosure could cause harm to the Contracting Party (hereinafter referred to as "Confidential Information").

13.2. All Confidential Information of a Contracting Party remains the sole property of that Contracting Party, and the other Contracting Party will make the same efforts to maintain their confidentiality and protection as if it were their own Confidential Information. Except to the extent necessary for cooperation in fulfilling the Agreement, the Contracting Parties undertake not to reproduce the other Contracting Party's Confidential Information in any way, not to transfer it to a third party or to their own employees and representatives except those who need to be familiar with it in order to fulfill the Agreement. The Contracting Parties also undertake not to use the other Contracting Party's Confidential Information other than for the purpose of fulfilling the Agreement.

13.3. The provisions of this article are not affected by the termination of the Agreement for any reason and its validity ends 10 (ten) years after the termination of the Agreement.

14. DURATION AND TERMINATION OF THE AGREEMENT

14.1. The Agreement is concluded for a period of:

14.1.1. if a Free Version is provided, then for the duration of the Free Version agreed in the Agreement. If the Client properly pays the Subscription Price by the last day of the Free Version at the latest, the Agreement will be automatically extended for the duration of the given Subscription. An additional period of up to 2 (two) weeks may be provided for payment of the Subscription Price, during which the Client will still be able to use the Free Version. The period is provided in such a way that the Operator continues to actually allow the Client to use the Free Version.

14.1.2. if a Free Version is not provided, then for the duration of the relevant Subscription.

14.2. The Agreement is automatically extended for another Subscription period unless the procedure under paragraph 14.3 of the Terms and Conditions is applied. If payment of the Subscription Price for the next Subscription period does not occur even within 2 (two) weeks from the date of automatic extension, the Operator has the right to terminate the Agreement without a notice period. In accordance with paragraph 7.5 of the Terms and Conditions, an invoice will not be sent to the Client for the purpose of payment of the Subscription Price.

14.3. Each Contracting Party is entitled to notify the other Contracting Party in writing that they do not wish for automatic renewal of the Agreement, at the latest 1 (one) month before the end of the currently running Subscription. In such a case, the Agreement will not be renewed and the Agreement will end on the last day of the running Subscription; the Operator will refund any already paid Subscription Price for the following period to the Client within 1 (one) month from the end of the Agreement.

14.4. The Operator is entitled to terminate the Agreement by written notice without a notice period in the event that the Client has materially breached the Agreement, provided that the Operator has notified the Client of this breach by email before terminating the Agreement and the Client has not remedied the situation even within a reasonable additional period provided by the Operator, not shorter than 3 (three) working days. Material breach of the Agreement is considered to be in particular (but not exclusively):

14.4.1. the Client's delay in fulfilling their obligations under this Agreement that lasts longer than 2 (two) months, including delay in payment of any payment under the Agreement;

14.4.2. breach of the conditions of use of the Platform set by this Agreement;

14.4.3. if it turns out that any of the Client's statements in this Agreement is untrue, incomplete, or inaccurate; or

14.4.4. breach of the obligation to protect Confidential Information.

14.5. The Operator is entitled to terminate this Agreement without further notice if the Client ceases to meet the conditions set out in paragraph 2.3 of the Terms and Conditions, i.e., if the Client's business activity is terminated or if it is no longer conducted in the territory of the Czech Republic or the Slovak Republic.

14.6. Each of the Contracting Parties is entitled to terminate this Agreement without further notice in the event of entering into liquidation or final declaration of bankruptcy on the property of the other Contracting Party.

14.7. The Contracting Parties exclude statutory possibilities of withdrawal from this Agreement and its termination.

14.8. For the avoidance of doubt, the Contracting Parties confirm that upon termination or expiration of this Agreement, all licenses or other authorizations to use the Platform that were granted to the Client based on this Agreement are simultaneously terminated or expire. Upon termination of the Agreement, the Operator will delete all data and Client Content from the Platform, unless the Agreement provides otherwise. The Client may request the export of the Exportable Data in accordance with the procedure under Article 16 of the Terms and Conditions.

15. PERSONAL DATA PROTECTION, PROCESSING OBLIGATIONS

15.1. The Operator informs about how it processes the personal data of Clients (or Authorized Persons) as a data controller in the operation of the Platform in the document "Information on Personal Data Processing", which is available for inspection at https://www.capitain.cz/en/informace-o-zpracovani-osobnich-udaju.

15.2. The Operator acts as a processor of personal data for the Client in relation to the personal data of the Client's Customers that the Client uploads to the Platform. For this reason, the Operator and the Client agree in this article of the Terms and Conditions on the following processing obligations of the Operator within the meaning of Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council, General Data Protection Regulation, as amended (hereinafter referred to as "GDPR").

15.3. The purpose of processing Customers' personal data by the Operator is to fulfill the Agreement. Specifically, this involves automated processing of personal data for the purpose of operating and enabling the use of the Platform, where the Client or User stores, analyzes, extracts, displays, or otherwise processes information from documents within the Platform. The Operator is not authorized to process Customers' personal data, which it processes as a processor, for purposes other than those set by the Client in the Agreement.

15.4. The Operator will process personal data for the period necessary to fulfill the Agreement and, if it does not receive other instructions according to paragraph 15.6.7 of the Terms and Conditions, will delete all personal data that it processed as a processor for the Client without undue delay after the termination of the Agreement, within 1 (one) month at the latest.

15.5. The Operator will process Customer Data for the Client – personal data that will be entered by the Client into the Platform for the purposes of providing Platform services, i.e., simplification of accounting processes including extraction of information from documents, and whose specific scope depends on the Client; typically, this may involve the following types of personal data of the specified categories of data subjects:

15.5.1. identification and contact details of Customers;

15.5.2. data about purchases or services provided between the Client and the Customer, information obtained within their mutual business relations, etc.;

15.5.3. identification and contact details of Users created in the Platform by the Client, information about their activity in the Platform;

15.5.4. identification, contact, and payment details of Customers and other contractual partners of the Client, other information about these persons entered into the Platform;

15.5.5. other personal data contained in documents entered by the Client or User into the Platform, especially name, surname, date of birth, residence, bank connection, tax document number, job position, etc.;

15.5.6. other possible data entered into the Platform by the Client for the purpose of using the Platform.

This may include special categories of personal data within the meaning of Article 9 GDPR (so-called "sensitive" data).

15.6. The Operator undertakes when processing personal data for the Client that:

15.6.1. it processes personal data only on the basis of documented instructions from the Client, including on issues of transfer of personal data to a third country or international organization, unless this processing is already required by EU or Member State law applicable to the Client; in such a case, the Operator will inform the Client of this legal requirement before processing, unless such legal regulations prohibit this information for important public interest reasons;

15.6.2. it ensures that persons authorized to process personal data undertake to maintain confidentiality or are subject to a statutory obligation of confidentiality;

15.6.3. it takes all technical and organizational measures to ensure a level of security appropriate to the risk, at least to the extent required by Article 32 GDPR;

15.6.4. it complies with the conditions for engaging another processor (especially the conditions of Article 28(2) and (4) GDPR, including prior consent of the Client to this engagement);

15.6.5. taking into account the nature of the processing, it assists the Client through appropriate technical and organizational measures, where possible, to fulfill the Client's obligation to respond to requests for exercising the rights of the data subject set out in Articles 12-23 GDPR, or requests from a person for whom the Client itself is a processor;

15.6.6. it assists the Client in ensuring compliance with obligations under Articles 32-36 GDPR (especially the obligation to secure personal data, report security incidents, etc.);

15.6.7. in accordance with the Client's decision, it either deletes all personal data or, if the Client requests, returns them to the Client after the termination of the Agreement performance, and deletes their existing copies, unless otherwise stipulated by legal regulations. The Operator is obliged to proceed in accordance with paragraph 15.4 of these Terms and Conditions in the event of termination of the Agreement;

15.6.8. it provides the Client with all information necessary to demonstrate that the obligations set out in this article of the Terms and Conditions have been fulfilled, and allows audits, including inspections, carried out by the Client or another auditor appointed by the Client, and provides the necessary cooperation for these audits; The Client is entitled to conduct an audit only in relation to documents and premises where it is necessary to verify the fulfillment of obligations under this article of the Terms and Conditions, after prior notification of the planned audit or inspection, and where it will not disrupt the Operator's business activity beyond the necessary extent; the costs of the audit are borne by the Client;

15.6.9. it reports to the Client any breach of personal data security without undue delay after it discovers it, also with regard to enabling the Client to properly and timely fulfill its obligation under Article 33 or 34 GDPR;

15.6.10. it immediately notifies the Client if, in its opinion, the Client's instruction violates personal data protection regulations.

15.7. The Client grants the Operator express consent to engage other processors (sub-processors) when processing personal data under the Agreement. The Operator will inform the Client about the intended engagement of another sub-processor and/or changes to sub-processors with sufficient advance notice by posting a notice on the Website, specifically in the Information on Personal Data Processing available at https://www.capitain.cz/en/informace-o-zpracovani-osobnich-udaju. The Client is obliged to regularly monitor these notices. The Client may object to the engagement of a sub-processor within 5 (five) working days from the posting of the notice by the Operator on the Website. If the Client does not object within this period, in which they expressly inform the Operator that they do not agree with the engagement of the given sub-processor, they thereby express their consent to the engagement of the given sub-processor. In case of the Client's disagreement with the engagement of a sub-processor, the Operator will notify the Client without undue delay whether the Operator will be able to continue to fulfill its contractual obligations even without the given sub-processor, or whether this is not possible and each of the Contracting Parties will be entitled to terminate the Agreement with effect from the date of engagement of the given sub-processor. If termination by the Client does not occur within 5 (five) working days before the date of engagement of the given sub-processor, the right to terminate the relevant Agreement for this reason expires for the Client and the Operator is entitled to provide the Platform with the engagement of the given sub-processor.

15.8. The Client hereby also grants consent to the engagement of the following sub-processors:

15.8.1. eurodata AG, Großblittersdorfer Straße 257-259, 66119 Saarbrücken, Germany as a provider of information extraction services from documents;

15.8.2. This One s.r.o., Company ID 037 34 404, with registered office at Jankovcova 1569/2c, Holešovice, 170 00 Prague 7, for the purpose of development and enhancement of the Platform, and as a provider of technical support in case of unavailability of Platform functions;

15.8.3. eurodata CZ s.r.o., člen skupiny eurodata AG, Company ID 248 41 234, with registered office at 28. října 3348/65, Moravská Ostrava, 702 00 Ostrava, for the purpose of development and enhancement of the Platform,

15.8.4. compacer GmbH, registration number HRB 752968, with registered office at 71116 Gärtringen, Max-Planck-Strasse 6-8, Federal Republic of Germany, for the purpose of development and enhancement of the Platform.

15.9. The Operator will process personal data in an automated manner within the Platform.

16. CHANGE OF PROVIDER, DATA EXPORT

16.1. Under the conditions of this Article of the Terms and Conditions, the Client has the right, upon request, to:

16.1.1. switch from the Platform to a service of another provider of data processing services, within the meaning of Regulation (EU) 2023/2854 of the European Parliament and of the Council (the Data Act), covering a service of the same type as the Platform (hereinafter referred to as the "Target Service"); or

16.1.2. export and transfer all Exportable Data to on-premises ICT infrastructure,

(hereinafter jointly referred to as the "Change of Provider").

16.2. The Client shall initiate the Change of Provider process by notifying the Operator of the Change of Provider using the contact details set out in Article 17 of the Terms and Conditions (hereinafter referred to as the "Change of Provider Notice"). In the Change of Provider Notice, the Client must always, at their discretion, state which of the following options (or a combination thereof) they intend to carry out as part of the Change of Provider:

16.2.1. the Client's transition to a Target Service of another provider, stating the identification details of the new provider of the Target Service and basic information about the Target Service;

16.2.2. the Client's transition to on-premises ICT infrastructure; and/or

16.2.3. the deletion of the Client's Exportable Data by the Operator without a transition to a Target Service or to on-premises ICT infrastructure.

16.3. Upon delivery of the Change of Provider Notice to the Operator, a preparatory period of 2 (two) months begins to run before the commencement of the Change of Provider (hereinafter referred to as the "Preparatory Period"). The Agreement continues in effect during the Preparatory Period.

16.4. Upon expiry of the Preparatory Period, a transition period of 30 (thirty) days is automatically triggered (hereinafter referred to as the "Transition Period"), during which the Agreement continues in effect, the Operator provides the Platform, and during which the Client may complete the Change of Provider. During the Transition Period, the Operator must also:

16.4.1. provide the Client and third parties approved by the Client (including the provider of the Target Service) with reasonable assistance in the Change of Provider process, as requested by the Client;

16.4.2. act with due care in order to maintain the continuity of the provision of the Platform and to continue providing the Platform in accordance with the Agreement;

16.4.3. provide, on an ongoing basis, clear information about known risks to the continuity of the provision of the Platform by the Operator;

16.4.4. ensure that a high level of security is maintained throughout the entire Change of Provider process, in particular the security of the Exportable Data during its transfer and the continuous security of the Exportable Data during the Change of Provider in accordance with the requirements of legal regulations; the Operator shall fulfil this obligation by performing the data security obligations under the Agreement.

16.5. If the Transition Period were technically unfeasible, the Operator shall inform the Client thereof within 14 (fourteen) business days of submission of the Change of Provider Notice, stating the reasons and an alternative Transition Period not exceeding 7 (seven) months.

16.6. The Client has the right to extend the Transition Period once by a period that they consider more suitable for their purposes, by means of a written notice delivered to the Operator.

16.7. Upon expiry of the Transition Period, a period automatically follows during which the Operator shall retain and, upon request, make the Exportable Data available to the Client (hereinafter referred to as the "Data Retrieval Period"). The Data Retrieval Period lasts 30 (thirty) calendar days.

16.8. Completion of the Change of Provider process is the responsibility of the Client. The Client shall carry out the Change of Provider at their own expense. The Operator undertakes to provide the Client with cooperation in the Change of Provider process, to support the Client's exit strategy, and to provide the Client with relevant information under the conditions of the Agreement. Upon the Client's request, the Operator shall export the Exportable Data in a structured, commonly used, and machine-readable format.

16.9. The Client is obliged to confirm the completion of the Change of Provider to the Operator in writing (hereinafter referred to as the "Completion Confirmation"), no earlier than the day on which the Transition Period ends, but no later than the end of the Data Retrieval Period. If the Client fails to deliver the Completion Confirmation to the Operator in time, the Change of Provider process is terminated, whereby the Change of Provider did not take place and the Agreement continues in effect. This does not affect the Client's ability to submit another Change of Provider Notice.

16.10. If the Client delivers the Completion Confirmation to the Operator, the Operator shall, upon expiry of the Data Retrieval Period, completely delete all Exportable Data created directly by the Client or data directly related to the Client.

16.11. In connection with the Change of Provider, the Agreement is terminated:

16.11.1. upon successful completion of the Change of Provider, i.e., on the day of delivery of the Completion Confirmation to the Operator; or

16.11.2. at the end of the Preparatory Period, in the event that the Client chose in the Change of Provider Notice only the deletion of the Exportable Data (pursuant to clause 16.2.3 of the Terms and Conditions).

The Operator shall confirm the termination of the Agreement to the Client in writing.

16.12. In the event that the Client wishes to start using the Platform and the Target Service in parallel, the provisions of clauses 16.2, 16.4, 16.8, and 16.9 of the Terms and Conditions shall apply mutatis mutandis.

16.13. The Operator does not charge the Client any fees for the Change of Provider beyond the Subscription Price.

16.14. This Article does not affect the regulation of the termination of the Agreement or the rights and obligations regarding the processing of personal data under these Terms and Conditions. In the event of a conflict between this Article and Article 15 of the Terms and Conditions, Article 15 shall prevail.

16.15. More detailed information about the options and procedures for the Change of Provider, as well as further information concerning the transfer of data processed by the Operator in connection with the operation of the Platform to public authorities of third countries, is available on the Operator's website https://www.capitain.cz/en/prenositelnost-dat.

17. MUTUAL COMMUNICATION

17.1. All notices between the Contracting Parties relating to the Agreement or to be made on its basis must be made in writing and delivered to the other party. The requirement of written form is met even if the notice is made via email to the addresses stated below.

17.2. Contact details of the Contracting Parties:

17.2.1. Operator: email: podpora@capitain.app, address for delivery: registered office address of the Operator.

17.2.2. For communication with the Client, the contact details provided when negotiating the Agreement or within the Account will be used.

17.3. The Contracting Parties undertake that in case of change of contact details, they will inform the other party about this change within 3 (three) working days at the latest. The Client is obliged to do so by updating the data in the Account.

18. COMMON AND FINAL PROVISIONS

18.1. The Operator is entitled to state the provision of performance to the Client under the Agreement for its own presentation as a reference.

18.2. The Client bears all costs of means of distance communication that arise when concluding and performing the Agreement.

18.3. The Operator is entitled to supplement or modify these Terms and Conditions at any time. This supplement and/or change will be published on the Website and information about this supplement and/or change will also be sent to each Client at their contact email provided in the Account or when negotiating the Agreement. On the effective date of the new wording of the Terms and Conditions, the previous wording of the Terms and Conditions ceases to be effective. If the Client does not agree with the changes, they have the right to terminate the Agreement with effect from the effective date of the new wording of the Terms and Conditions.

18.4. If any provision of these Terms and Conditions is invalid or unenforceable, such fact does not affect the validity or enforceability of the other provisions of the Terms and Conditions.

18.5. The Client agrees that the Operator has the right to assign to a third party the Agreement or its part. The Client is not authorized to transfer or otherwise encumber their receivables from the Operator without the Operator's prior written consent.

18.6. Both Contracting Parties assume the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

18.7. The Contracting Parties exclude the application of Section 557 of the Civil Code.

18.8. The Contracting Parties exclude the application of Sections 2389a to 2389u of the Civil Code, where all rights and obligations of the Contracting Parties are governed by the Terms and Conditions.

18.9. If these Terms and Conditions are prepared in more than one language, in case of discrepancies between individual languages, the wording of the Terms and Conditions in the Czech language shall apply.

18.10. These Terms and Conditions as well as all legal relations arising on their basis and dispute resolution are governed by the legal system of the Czech Republic. The District Court for Prague 1 has jurisdiction to resolve any disputes arising in connection with the Agreement, and if a regional court is competent in the first instance according to legal regulations, then the Municipal Court in Prague

18.11. This wording of the Terms and Conditions takes effect on October 7, 2026.