1. Introductory Statement
Trails (the "App").
1.2 The App is intended for all users - individuals interested in travelling on the accessible routes for the disabled, who download and install the App and:
1.2.1 use it without further use (hereinafter collectively referred to as "Non-Logged Users");
1.2.2 log-in and use it (hereinafter collectively referred to as "Logged-in Users");
(Non-logged-in users and Logged-in users are hereinafter collectively referred to as "Users" or Non-logged-in User and Logged-in User separately as "User").
1.3 The Operator of the App is the Association for the Promotion of Disabled Travel, z.s., ID No.: 031 03 081, with registered office at Havlíčkova 210, Horní Kamenice, 407 21 Česká Kamenice, registered in the Federal Register maintained by the Regional Court in Ústí nad Labem, file number L 9172 (hereinafter referred to as the "Operator").
1.4 The Terms and Conditions are available to the User on the App Store, Google Play or on the website at the foot of website https://trails.disway.org/ (hereinafter referred to as the "Website").
1.5 Before using the Application, the User shall read the contents of the Terms. By downloading and using the Application, the User agrees to the Terms, i.e. in particular by using any content placed in the Application in any way.
2. Applications and areas of use
2.1 The application enables:
2.1.1 For non-logged-in users:
• view map documents, view accessibility points, routes, descriptions, photos and other content including User Content (as defined below);
• use the geolocation feature;
2.1.2 Logged-in Users:
• use the Application to the extent that Non-Logged Users may use it; and;
• upload User Content to the Application, including but not limited to photographs, star ratings and comments, and other data that the User uploads to the Application ("User Content");
• propose new items to the Operator for review;
• perform other activities that the Application allows or will allow in the future;
all with the purpose of facilitating accessible travel for people with disabilities, including their assistance along the mapped routes.
3. Principles of use of the application, technical conditions of the application and geolocation
3.1 Use of the Application is both voluntary and free of charge and is limited to the purposes set out in the Terms. However, the Operator reserves the right to modify the Application or the Services at any time, that are or will be provided through the Application.
3.2 The Application is available in Czech, German and English language versions.
3.3 To use and install the Application, the User must download the Application to their respective terminal device. The Application can be downloaded from the App Store (iOS operating system) or Google Play (Android operating system).
3.4 The Operator shall use all possible efforts that may reasonably be required to ensure that the Application is available and functional, but is not responsible for the unavailability of the Application.
3.5 In particular, an internet connection and sufficient battery charge are required to use the Application of the terminal device.
3.6 Data connection from the User's terminal device is required for the installation and use of the Application. The volume and frequency of data transmission depends on the scope and use of the Application. Costs for the connection for data transmission shall be borne exclusively by the User, in the amount according to the respective contract
concluded between the User and the specific Internet service provider.
3.7 From time to time, The Operator may post and offer updates to the Application that are necessary for the correct functioning of the Application. However, the Operator is not responsible for the correct functioning of the Application if the User has not downloaded and installed an update published by the Operator on their terminal device.
3.8 When using the Application, the User is responsible for its own equipment and information systems that they use when using the Application and for their settings. The Operator is not responsible for the equipment or User's systems, nor for the use of such devices and systems by unauthorised persons. Furthermore, the Operator is not responsible for the Internet service and/or for malicious software.
3.9 The User acknowledges that certain features of the Application may require access to certain resources of the User's terminal device (e.g., photographs, terminal device identifier
and connection or geolocation information) and any denial of access to such resources by the User may impact the limitations of the Application's features.
3.10 When using the Application, the User has the right to grant or refuse consent to the processing of User's location. In the event that the User consents, the User acknowledges that his/her current location may be processed; in this case, the User is asked to turn on the GPS function on his terminal device. The consent given to the processing of the User's location data is not a condition for using the Application; if it is not granted, this may affect the functionality of the Application's geolocation.
3.11 The Operator is entitled at any time to suspend or restrict the provision of all or certain services and features of the Application in order to carry out maintenance, repairs or modifications (including updates and upgrades) to the Application. The Operator is entitled to change and modify the functions, settings, user experience and any other parameters of the Application without prior notice to the User, to which the User expressly agrees. The Operator also reserves the right to the right to discontinue the provision of the Application or to cease to provide any support to the Application at any time.
4. License Agreements, Permitted Use and User Content
4.1 The application is copyrighted within the meaning of Act No. 121/2000 Coll., on Copyright, on rights related to copyright and on amendments to certain acts as amended by hereinafter referred to as the "Copyright Act"). The Operator hereby grants the User a royalty-free, worldwide, non-exclusive licence to use the Application limited to use of the Application by the User in accordance with the Terms and generally binding legal regulations. Except with Operator's written permission, no reverse analysis of the source code or use parts of it is allowed. This license agreement governs the use of any updates provided by the Operator to the Application that replace or supplement the original Application, unless such update is accompanied by a separate license, in which case the terms of the separate license shall prevail. The User agrees not to use the Application in any manner that would in any way interfere with any rights of the Operator. The Operator of the Application reserves all rights not explicitly granted to the User. The User may not modify the Application or any part thereof in any way, rent, lease, distribute or sub-license it. The Operator is entitled to cancel User's account or otherwise prevent the User's use of the Application, which may be reasonably believed to be in breach of the Terms or to be using the Application in violation of generally binding law, good morals, and generally accepted rules of service use provided via the Internet or even to commit or facilitate a criminal offence activities, infringements or other offences. Furthermore, the Operator is entitled to cancel the account without further notice to the User if the User has not logged in for more than 12 months. The User acknowledges the following acknowledges that he/she is not entitled to any compensation in connection with the cancellation of his/her User account or the prevention of its use in the aforementioned cases.
4.2 By uploading User Content to the Application, the User provides the Operator with the maximum extent under the Copyright Act, a royalty-free, worldwide, non-exclusive license to all uses of the User Content as a copyright work under the Copyright Act. In particular, the User agrees to store, host, reproduce, distribute, and create derivative works. This license shall survive, after which the User shall cease to use the Application. The User also acknowledges that the publication of User Content through the Application shall, subject to the provisions of Section 33 of the Copyright Act, be in the nature of placing the content of the work on public space. The User also agrees that the User Content may be made unrestrictedly available to the public through the Application or any other application or Website or website operated by the Operator, and further agrees that The Operator shall be entitled, even for a consideration, to grant a sub-licence under the licence granted by the User to use the User Content or to assign the granted license. Neither in this case shall the User shall not demand any payment in respect of its proprietary rights to the User Content. The seventh sentence of Article 4.1 shall also apply accordingly in relation to the User Content. However, the User acknowledges that the Operator is entitled to remove User Content from the Application without giving any reason. The User also acknowledges that if User Content is published on the Website or any other website operating the Application, the author of the User Content may be identified as the author of the User Content under the name and surname indicated in the registration and/or under a username (nickname).
4.3 By uploading User Content to the Application, the User grants through the Application a royalty-free, worldwide license to all uses of the User Content, including to all other Users of the Application. In particular, he also explicitly agrees to the storage of hosting, reproduction, distribution, creation of derivative works. License to other Users shall survive after the User stops using the Application. The User also grants permission for other Users to export and use data from the Application for their own purposes as well just as he has the right to work with User Content entered by other Users. The license granted by the User under the Terms is granted for the entire duration of the proprietary rights to the Work and is granted free of charge. A person under eighteen years of age grants a license in the above with the permission of his/her legal guardians.
5.1 The protection of the User's personal data is provided in accordance with the General Regulation on data protection, in particular Regulation (EU) of the European Parliament and of the Council 2016/679 of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free circulation of such data, and repealing Directive 95/46/EC (general Regulation on the protection of personal data) (hereinafter referred to as the "General Regulation") and Act No. 110/2019 Coll., on the processing of personal data, as amended.
5.2 By using the Application, the User acknowledges that the Operator, as the controller of personal Data, is entitled to his personal data to the extent of the data provided when using the Application, or other voluntary data provided to the Operator, to process for the purposes of use of the User's functions within the Application.
5.3 The User provides the following data through the Application:
• login data (user nickname and/or first and last name)
• email address
• location data
and explicitly agrees to their processing by the Operator as a personal data controller data under the conditions set out in Article 5 of the Terms and Conditions. This consent also applies to other processors commissioned by the Operator, i.e. accounting, legal, software, and other services (e.g. mapping providers)
5.4 Personal data is processed on the basis of the User's consent to the Terms for the purpose of (i) enabling the functions of the Application, collecting and using technical data and related information, including but not limited to technical information about the User's terminal equipment, system and application software and peripherals, which is collected periodically for the purpose of facilitate the provision of software updates, product support and other services related to with the Application, and for (ii) the marketing purposes of the Operator as data controller, i.e. offering products and services, including sending information about events, products and other activities, as well as sending commercial communications via electronic Act no. 480/2004 Coll., on certain information society services and on amending certain acts (Act on certain information society services), as amended by(hereinafter referred to as the "ZSIS").
5.5 Personal Data is stored for the purposes of clause 5.4 (i) of the Terms for the duration of
of the User's account. The storage of personal data pursuant to Article 5.4 (ii) of the Terms is
limited to a period of 3 years from the date of obtaining the User's consent to their processing for this purpose, or consent to the Terms.
5.6 The Operator guarantees the Users whose personal data it processes the exercise of their rights arising from legal regulations, provided that the conditions for this are met according to the General Regulation, i.e. in particular the right to:
(a) access to personal data,
(b) to correct inaccurate or incomplete personal data,
(c) the erasure of personal data where the personal data are no longer necessary for the purposes for which they were collected collected or otherwise processed, or if it is established that it has been unlawfully processed,
(d) to restrict the processing of personal data,
(e) the portability of the data,
(f) to object, after which the processing of personal data shall cease, unless it is established that there are other legitimate grounds for the processing which override the interests or rights and freedoms of the Users, in particular reasons relating to the establishment, exercise or the defence of legal claims; and
g) contact the supervisory authority, which in the Czech Republic is the Office for Personal Data Protection Data Protection Authority (www.uoou.cz).
5.7 Personal data are protected by the Operator against their disclosure to unauthorized
persons and from other instances of disclosure or loss or unauthorised modification
of said personal data and information by using appropriate technical and organizational
5.8 The User, as a data subject, may exercise the above rights with the Operator at the email addresses: email@example.com (for Czech) and firstname.lastname@example.org (for foreign)
or at the Operator's registered office.
6. Responsibilities of the Operator and the User
6.1 The User acknowledges that the use of the Application is always at the User's own risk.
The Operator accepts no liability for direct, indirect or consequential damages arising out of the use of the Application and any implied warranties in relation to the use of the Application are excluded to the extent permitted by law.
6.2 In the context of the User's use of the Application, the Operator shall not be liable for services provided by third parties, such as the quality of the internet connection, the quality of telecommunications services supplied by the respective operator, the amount of charges, etc.
6.3 The Operator is not responsible for unauthorized use of the Application. The Operator is not obliged to compensate the User or third parties for any damage; however, this is without prejudice to the relevant Act no. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as
Civil Code), on the prohibition of exclusion or limitation of the Operator's liability to compensation for damages.
6.4 The User shall bear all consequences that arise, whether directly or indirectly, in particular as a result of a deviation from the information provided in the Application or a breach of obligations User's obligations under the Terms and Conditions or obligations set out in generally binding legal regulations.
7. Final provisions
7.1 The Operator reserves the right to make any changes to the Terms and Conditions at any time, which will notify the User in advance by means of a notice in the Application. A change to the Terms is effective as of the date specified in such notice, but not earlier than fourteen (14) days after the date of notification to Users, unless the changes are of an informational or technical nature or changes that do not adversely affect the position of Users; such changes may also be effective earlier. If a User does not agree to a change in the Terms, he/she may remove the Application from his/her terminal device.
7.2 The User may submit any issues related to the Application to the Operator in writing, notification delivered to the address of its registered office or electronically at the email addresses: email@example.com (for Czech) and firstname.lastname@example.org (for foreign). Operator shall consider such complaint within 14 (fourteen) days from the date of its receipt and notify the User of the acceptance of the complaint or the reasons for its non-acceptance, either in writing to at the User's registered office/residence address or electronically (by email) to the address given in by the User in the complaint.
7.3 Legal relations not explicitly regulated in the Terms and Conditions are governed by the laws of the Czech Republic Republic, in particular the provisions of the Civil Code, the Copyright Act, ZSIS and the provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.4 If the Operator and the User in the capacity of a consumer come into existence a consumer dispute, which cannot be resolved by mutual agreement within thirty (30) days, the User in the capacity of a consumer may file a motion for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspectorate, Central Inspectorate - ADR Department, Štěpánská 44, 110 00 Prague 1, email: email@example.com, web: adr.coi.cz. The user in the position of a consumer is entitled in the case of the European platform ODR (Online Dispute Resolution) available at http://ec.europa.eu/consumers/odr/
7.5 The Terms and Conditions shall take effect on 25 November 2022.