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TERMS OF SERVICE — CITY MONKEY MOBILE APPLICATION

USABILITYLAB s.r.o., a company incorporated under the laws of the Czech Republic (company ID 05334942) and having its registered office at Lidická 450/35, Drahovice, 360 01 Karlovy Vary, Czech Republic (the "Company," "we," or "us"), is the proprietor and operator of the City Monkey mobile application (the "App"). By downloading, installing, accessing, or otherwise using the App, you (the "User") confirm that you have read, understood, and agreed to be legally bound by these Terms of Service (the "Terms") and by the Privacy Policy available at https://citymonkey.app/policy. The App is marketed and supplied primarily in the English language; accordingly, these Terms are drafted in English and shall prevail over any translation, which is provided solely for convenience.

1. Scope and Definitions

These Terms govern your access to and use of the App. "Content" means all text, graphics, audio, data, and information made available through the App. "Premium Features" refers to any functionality or content that requires payment.

2. Licence Grant

Subject to continued compliance with these Terms, we grant you a personal, non‑exclusive, non‑transferable, non‑sublicensable, and revocable licence to install and use the App solely for private, non‑commercial purposes. All rights not expressly granted are reserved by the Company.

3. Functionality, Experimental Modules, and Safety Disclaimer

The App provides cartographic data, curated routes within Prague, attraction descriptions (text and audio), multilingual and thematic customisation, distance tools, GPS‑based suggestions, and hyperlinks to external resources. All primary content is supplied in English, the language in which the User obtains the App. Any translation displayed within the App is offered solely for convenience, and the Company makes no representation or warranty regarding the completeness or accuracy of such translation. We may from time to time release experimental or beta modules; such modules are supplied "as is" and may be withdrawn without notice. Premium Features are clearly priced in Google Play prior to purchase.

The App requires a continuous internet connection and will not operate offline; all telecommunications or roaming charges are your sole responsibility. Continuous GPS use can accelerate battery depletion; you are responsible for maintaining adequate device power and overall device integrity. The App's audio content, including voice guidance, is intended for periodic reference; prolonged listening at high volume or while situational awareness is required may cause distraction, hearing impairment, or other harm. You remain solely responsible for safe listening practices and environmental awareness, and the Company disclaims any liability for injuries, property damage, or other consequences arising from the playback of audio content. The App is intended for use only when you are stationary or otherwise able to focus fully on the screen; do not consult the App while driving, cycling, running, or engaging in any activity demanding situational awareness. We disclaim all liability for accidents, injuries, or other consequences arising from use of the App in motion or in unsafe circumstances.

We do not guarantee network availability, stability, latency, or speed, nor do we warrant the availability, accuracy, or continuity of any GPS signal. Compatibility is warranted only on devices that conform to Google Android specifications; operation on modified, rooted, or custom‑ROM devices is undertaken entirely at your risk. Location data are processed locally on your device and are not stored on our servers. The App must not provide routes into restricted or sensitive zones (e.g., military areas); any such content will be removed promptly upon discovery.

While we endeavour to publish accurate information, we make no representation that real‑world conditions will match in‑App descriptions. All Content is educational and informational only; you must independently assess weather, regulations, and personal safety. We disclaim liability for decisions made in reliance on the Content and may, at our convenience, correct material inaccuracies in future updates. Portions of the Content may be autonomously generated by artificial‑intelligence systems; such AI‑generated material may contain inaccuracies, may not be reproducible, and is provided "as is" without warranty. We accept no responsibility for actions taken on the basis of AI‑generated Content.

Accessibility Notice. We strive to achieve reasonable usability by persons with disabilities but cannot guarantee full compatibility with every assistive technology. Accessibility feedback may be submitted via Clause 22; we will consider such feedback in good faith and may implement commercially reasonable improvements, without warranting full accessibility.

4. Eligibility

The App may be used only by natural persons who are at least sixteen (16) years old and have full legal capacity to enter into binding contracts under applicable law. Individuals younger than sixteen (16) may use the App solely under the continuous supervision of, and with the consent of, a parent or legal guardian, who accepts these Terms on the minor's behalf and assumes full responsibility for all actions and decisions taken within the App.

5. Account Credentials and Acceptable Conduct

Authentication uses your Google credentials. You must safeguard those credentials and refrain from reverse engineering, interfering with infrastructure, distributing malware, infringing intellectual‑property rights, harvesting personal data, or publishing unlawful or harmful material.

6. User‑Generated Content

You are solely responsible for any content you submit. Such content must be lawful and non‑infringing. You grant us a worldwide, perpetual, irrevocable, royalty‑free licence (with waiver of moral rights where permitted) to use, adapt, and distribute your content. We may remove any content that violates law or these Terms.

7. Intellectual‑Property Rights

All software, source code, databases, design elements (including layout, colour schemes, icons, and overall "look and feel"), photographs, illustrations, audio tracks, voice‑overs, route data, screenshots, textual descriptions, and all other material made available via the App (collectively, "Protected Material") are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other laws. Except for the limited licence granted in Clause 2, no right, title, or interest in Protected Material is transferred to you.

You may not reproduce, record, download, transmit, publish, adapt, distribute, perform, display, create derivative works from, or otherwise exploit any Protected Material, in whole or in part, without our prior written consent. Personal, non‑commercial screenshots captured via standard device functionality are permitted for private use only; any public or commercial use of such screenshots is prohibited absent written authorisation. This prohibition expressly covers copying or reusing photographs, map tiles, audio files, or route data in third‑party applications, websites, social‑media posts, or promotional material.

Requests to use Protected Material must be submitted in writing to info.citymonkey@gmail.com. Unauthorised use constitutes a material breach of these Terms and may result in civil liability, injunctive relief, and, where applicable, criminal prosecution.

8. External Resources

Hyperlinks may lead you to third‑party platforms governed by their own terms and privacy notices. We disclaim responsibility for the content, functionality, or data‑handling practices of such platforms.

9. Consideration, Refunds, and Withdrawal Waiver

All payments and refunds are processed solely by Google Play, which is responsible for compliance with applicable consumer‑protection laws. Refund requests must be submitted via Google Play's current refund procedure. By confirming a purchase, you instruct Google Play to make the digital content available immediately. Any statutory right of withdrawal or other consumer refund right is administered exclusively by Google Play in accordance with applicable law and its prevailing policies. Delivery is deemed complete once the purchased content is accessible within the App.

10. Updates, Service Availability, Service Credit, and Force Majeure

Updates are distributed only through Google Play and will not expand the App's permission set without your consent. We do not guarantee uninterrupted service and may, at our discretion, remedy defects without any obligation to do so within a particular timeframe. For paid services, an outage exceeding seventy‑two (72) consecutive hours in a calendar month entitles you to a prorated refund of fees for that month. No service credit or refund is available for functionality provided free of charge. We are not liable for failures caused by force‑majeure events, including natural disasters, war, terrorism, labour disputes, or systemic network failures.

11. Export‑Control Compliance

You must not use or export the App in violation of applicable export‑control or sanctions regulations.

12. Limitation of Liability

The App and all Content are provided "as is." To the maximum extent permitted by law, we disclaim all indirect, incidental, punitive, special, or consequential damages, including personal injury, property damage, data loss, revenue loss, or loss of goodwill. Our aggregate liability under these Terms shall not exceed the total fees you paid to us in the twelve‑month period preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, liabilities, damages, or expenses arising out of your breach of these Terms or misuse of the App.

14. Notice‑and‑Takedown Mechanism

Alleged copyright infringements must be reported to info.citymonkey@gmail.com with full details. We will investigate and, where appropriate, remove infringing material.

15. Termination

We may suspend or terminate your access to the App for breach of these Terms or where required by law. You may cease use at any time. Clauses 6, 7, 9, 10, 11, 12, 13, 16, 17, 18, 19, and 22 shall survive termination.

16. Amendments

We may amend these Terms at any time. The current version is posted at https://citymonkey.app/terms and is binding upon publication. Continued use constitutes acceptance. Material changes may also be announced in‑App or by e‑mail.

17. Dispute Resolution — Arbitration and Small‑Claims Forum

If a dispute cannot be resolved amicably, either party may submit the matter to binding arbitration before the Arbitration Court attached to the Czech Chamber of Commerce in Prague, conducted in English, or, where permitted, to an appropriate small‑claims tribunal. Arbitration awards are final and enforceable. Applications for interim injunctive relief remain available.

18. Governing Law and ODR Platform

These Terms are governed by Czech law, without prejudice to mandatory consumer protections. Exclusive jurisdiction lies with the courts of the Czech Republic. The EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.

19. Class‑Action Waiver

Where permitted by law, disputes must be brought on an individual basis; collective or representative actions are waived.

20. Change‑of‑Control

In the event of a merger, acquisition, or similar restructuring, these Terms and associated user data may be assigned to the successor entity without further consent.

21. Severability

If any provision of these Terms is held unenforceable, the remaining provisions continue in full force and effect.

22. Support and Accessibility Feedback

Support requests and accessibility feedback may be submitted via the in‑App Help → Contact Us form or by e‑mail to info.citymonkey@gmail.com. We endeavour to respond within two business days.

23. Language

These Terms are drafted in English because the App is marketed primarily in English. Any translation is provided solely for convenience; the English text prevails.

Last updated: 7 May 2025

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