STAR FOCUS - TERMS AND CONDITIONS

Preamble

Below you will find the individual provisions of the Terms and Conditions that constitute an integral part of every contract you enter into with us in connection with the use of Star Focus. As such, the Terms and Conditions govern the understandings between Bell Hat Games and you. Please find below the contents:

1. General Provisions

2. Special Notice on the purpose of the Game

3. Intellectual Property Rights and License

4. Liability

5. Duration, Delivery, Price, and Payment Terms

6. Security

7. Rights from Defects, Termination, and Withdrawal

8. Governing Law and Language

9. Other Consumers’ rights and notice

The Terms and Conditions operate with some terms that are defined precisely here and capitalized. For practical reasons, please find below references to the respective provisions where these terms are defined:

Bell Hat Games

Para. 1.1

User

Para. 1.1

Game

Para. 1.2

Contract

Para. 1.3

Civil Code

Para. 1.3

License

Section 3

Purchase

Para. 4.1

Subscription

Para. 4.1

Account

Para. 4.2

Supported Period

Para. 4.6

Necessary Updates

Para. 4.7

Change

Para. 4.12

1. General Provisions

1.1. The Terms and Conditions govern the legal relationship between Bell Hat Games s.r.o., Reg. Nr.: 22243828, with its registered office at Písečná 1166, 330 23 Nýřany, the Czech Republic (EU), registered in the Commercial Register of the Regional Court in Plzeň, Section C, Insert 45949 (“BELL HAT GAMES”) and the end users (“USERS”) of mobile application Star Focus. Other contact information is available on the BELL HAT GAMES‘ website www.bellhatgames.com.

1.2. The Star Focus is a proprietary software application developed and provided by BELL HAT GAMES intended for use on compatible devices such as smartphones, tablets or other computing devices (end devices) of USERS that is possible to be downloaded via the relevant electronic marketplace - Google Play and/or App Store (“GAME”).

1.3. The Terms and Conditions govern the provision of the GAME, including all related updates, patches, expansions, digital content, features, and services whether accessed online or offline, by BELL HAT GAMES and the use of the GAME by USERS within the scope and in the manner stipulated by the contract entered into between BELL HAT GAMES and the USER or his/her legal guardian on behalf of the USER (parent etc.) when agreeing to this Terms and Conditions (“CONTRACT”). The CONTRACT may be entered into either for a one-off purchase (PURCHASE) or for a time-bound recurring access (SUBSCRIPTION). The Terms and Conditions always form an integral part of the CONTRACT according to Act No. 89/2012 Coll., the Civil Code (“CIVIL CODE”).

1.4. By expressing binding consent with these Terms and Conditions, i.e., with all the rights and obligations contained herein or resulting herefrom, the USER enters into the CONTRACT. The USER, being a minor, is entitled to conclude the CONTRACT if he/she has reached the age required by the relevant digital marketplace and applicable legislation. The provision concerning the age of minor’s eligibility for the conclusion of the CONTRACT does not exclude the possibility that, given the intellectual and volitional maturity of the individual minor within the meaning of Section 31 of the CIVIL CODE, action of his/her legal guardian is required after the minor has reached that age.

1.5. All provisions of these Terms and Conditions relating to legal actions concerning the USER apply even if the USER's guardian acts on the USER's behalf, in particular concerning the CIVIL CODE and data protection legislation.

1.6. On behalf of the minor USER, his/her legal guardian can enter into the CONTRACT with BELL HAT GAMES only if such CONTRACT, and the use of the GAME, are in accordance with the best interests of the USER. The legal guardian of the USER is obliged to ensure the best interests of the USER throughout the USER's legal incapacity.

1.7. Without BELL HAT GAMES’s express written consent, the CONTRACT will not include any USER’s or his/her legal guardian’s terms and conditions to which they might refer in their legal actions towards BELL HAT GAMES, for instance, or any other amendment or deviation, even if they would not change the CONTRACT conditions substantially. Acceptance of any offer with an amendment or a deviation is excluded.

1.8. BELL HAT GAMES is entitled to amend these Terms and Conditions from time to time to a reasonable extent without seeking the USER’s or his/her legal guardian’s consent, and, in such a case, the amendment information will be notified through the GAME’s environment and/or the relevant contact. If the Terms and Conditions have been amended without the USER’s or his/her legal guardian’s consent, they have the right to refuse the amendments by terminating the respective CONTRACT in compliance herewith, i.e., by cancelling the account.

1.9. If a legal guardian enters into a CONTRACT on behalf of a USER (e.g. a parent on behalf of a child), the relevant remaining scope of legal capacity related to the CONTRACT passes directly to the USER at the latest upon attaining full legal capacity.

1.10. BELL HAT GAMES is not responsible for the legal relationships between the USER and his/her legal guardians and/or adult caregivers.

2. Special Notice on the purpose of the Game

2.1. THE GAME IS DESIGNED TO ALLEVIATE THE SYMPTOMS OF ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD) by an algorithmic gaming mechanism developed based on real-time testing in relation to the brain activity of a sample group of voluntary testing users, and consultations of the resulting data with relevant experts.

2.2. THE GAME PROVIDES THE USER WITH STATISTICAL AND RELATED INFORMATIONAL OUTPUTS. HOWEVER, THE INFORMATION GENERATED IN THIS WAY IS ONLY INFORMATION ABOUT THE RESULTS ACHIEVED BY THE USER WHILE PLAYING THE GAME AND HAS ONLY LIMITED AND COMPLEMENTARY INFORMATIVE VALUE. IN ANY CASE, THESE OUTPUTS CANNOT BE CONSIDERED AS COMPLETE INFORMATION SUFFICIENTLY INDICATIVE OF THE USER'S STATE OF HEALTH AND/OR DEVELOPMENT AND ARE IN NO WAY A SUBSTITUTE FOR THE CONCLUSIONS OF EXPERTS.

2.3. THE GAME IS PRIMARILY AIMED AT MINORS AGED 7 – 18 WITH AN ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD) DIAGNOSIS. CHILDREN UNDER 13 YEARS OF AGE MUST BE CONTINUOUSLY MONITORED BY ADULT CAREGIVERS DURING THE USE OF THE GAME. MINORS OVER 13 YEARS OF AGE SHOULD BE CHECKED BY ADULT CAREGIVERS REGULARLY TO THE APPROPRIATE EXTENT TAKING INTO ACCOUNT THEIR SPECIFIC CONDITION.

2.4. THE GAME IN NO WAY REPLACES COMPLEX MEDICAL AND/OR THERAPEUTIC TREATMENT NOR MEDICAL AND/OR THERAPEUTIC ADVICE, DIAGNOSIS, OR RECOMMENDATION BY A DOCTOR AND IS NOT A SUBSTITUTE FOR INFORMATION FROM A DOCTOR.

2.5. THE GAME IS NOT INTENDED FOR CHILDREN DIAGNOSED WITH EPILEPSY, A SEVERE MENTAL DEVELOPMENT DISORDER, OR A NON-VERBAL DISORDER.

2.6. WHEN USING THE GAME BY MINORS, ESPECIALLY BY CHILDREN, THEIR LEGAL GUARDIAN AND ADULT CAREGIVERS AGREE TO CONSIDER THE IMPACTS OF SUCH USE CAREFULLY AND THAT THE GAME SHOULD BE USED ACCORDINGLY. IN NO CASE IS BELL HAT GAMES RESPONSIBLE FOR THE CONSEQUENCES OF THE USE OF THE GAME CONTRARY TO THE ADVICE OF ANY PROFESSIONAL AND/OR CONTRARY TO GENERALLY KNOWN FACTS AND SPECIFIC FACTS KNOWN BY THE LEGAL GUARDIAN AND/OR ADULT CAREGIVERS RELATED TO THE CONDITION OF A PARTICULAR MINOR WHICH ARE CLEARLY INCONSISTENT WITH THE RESPONSIBLE USE OF THE GAME. BELL HAT GAMES IS NOT LIABLE FOR ANY ACTION OF LEGAL GUARDIAN AND/OR ADULT CAREGIVER IN THIS CONTEXT.

2.7. THE USER MAY USE THE GAME ONLY FOR HIS/HER PERSONAL NEEDS IN ACCORDANCE WITH THE PURPOSE OF THE GAME. THE USER AND/OR HIS LEGAL GUARDIAN IS RESPONSIBLE FOR THE CIRCUMSTANCES WHICH OCCUR THROUGH OR IN CONNECTION WITH THE USE OF THE GAME, PROVIDING THEIR OCCURRENCE, INCIDENCE, EXISTENCE, OR DURATION WERE UNDER THEIR CONTROL. BELL HAT GAMES IS NOT RESPONSIBLE FOR ANY CONSEQUENCES OF UNAUTHORIZED SHARING AND ALLOWING ACCESS TO THE GAME.

2.8. WHEN USING THE GAME, IT IS ESSENTIAL THAT THE USER UNDERSTANDS AT LEAST ONE OF THE LANGUAGES IN WHICH THE GAME IS OFFERED. THE USER IS OBLIGED TO USE THE GAME ONLY IN ONE OF THE LANGUAGES HE/SHE UNDERSTANDS. THE LEGAL GUARDIAN AND/OR ADULT CAREGIVER IS OBLIGED TO ENSURE THE UNDERSTANDING OF THE MINOR USER.

2.9. BELL HAT GAMES IS NOT LIABLE FOR ANY STATEMENTS REGARDING THE FEATURES OF THIS GAME THAT CONTRADICT THESE TERMS AND CONDITIONS OR STATEMENTS MADE ON THE RELEVANT BELL HAT GAMES’ WEBSITE DEDICATED TO THE GAME. THE USER AND HIS/HER LEGAL GUARDIAN AND/OR ADULT CAREGIVER ARE EXPLICITLY INVITED TO READ THESE STATEMENTS MADE SOLELY BY BELL HAT GAMES.

3. Intellectual Property Rights and License

3.1. The GAME is provided as a licensed digital product subject to the terms of the CONTRACT. The license granted to the USER is non-exclusive, territorially unrestricted, for the duration of the ACCOUNT with which it is linked, non-transferable, unassignable, and limited to personal, non-commercial use, unless otherwise explicitly permitted by BELL HAT GAMES, in particular within the GAME handling options enabled in the USER's and/or his/her legal guardian and/or adult caregiver’s ACCOUNT on the relevant electronic marketplace (Family Library, App Sharing etc.).

3.2. Where the USER accesses the GAME under a SUBSCRIPTION, the license granted is provided as Software-as-a-Service (SaaS). The USER does not acquire a copy of the GAME for permanent use but only a limited, time-bound right to access and use the GAME for the duration of the subscribed period and subject to timely payment of the subscription fee.

3.3. All elements of the GAME, and the related services such as texts, images, illustrations, logos, button icons, audio, and software as well as the design and structure of the GAME, and the structure and content of the database, are protected by the copyright and industrial property rights of BELL HAT GAMES and any third parties commissioned by BELL HAT GAMES. The USER acknowledges that, except for the content provided by the USER, ownership of all intellectual property rights (esp. copyright and industrial property rights) in and to the GAME remains with BELL HAT GAMES or its licensors, if any.

3.4. Unless these Terms and Conditions provide otherwise, the USER is not given any authorization in connection with the GAME to execute the intellectual property rights available to BELL HAT GAMES or its licensors, if any.

3.5. Unless these Terms and Conditions provide otherwise, BELL HAT GAMES is not required to keep, display, or otherwise disclose any content created, published, shared, uploaded, etc. by the USER or copies thereof, except where such duty is stipulated by the legislation.

3.6. BELL HAT GAMES retains all the rights to the databases acquired by BELL HAT GAMES in connection with and for the purpose of GAME based on the non-personal and/or anonymised data shared by the USER with BELL HAT GAMES. To such scope, BELL HAT GAMES can use the non-personal and/or anonymised data to create its own databases and to generate other data using both automated and any other means, even for business purposes.

3.7. The USER has the right to independently utilize the content of the database connected to his ACCOUNT and related to his/her use of the GAME for his/her personal needs in accordance with the purpose of the GAME, even by his/her legal guardian and/or adult caregiver. By utilization it is meant the copying of the relevant content such as result statistics available at the ACCOUNT in the GAME independently of BELL HAT GAMES and by non-invasive methods (e.g. printscreen) only for such purposes that are not inconsistent with USER’s and/or legal guardian and/or adult caregiver obligations under these Terms and Conditions.

3.8. The USER nor his/her adult caregiver may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BELL HAT GAMES without express written consent. The USER nor his/her adult caregiver may not use any meta tags or any other “hidden text” utilizing BELL HAT GAMES’ and/or the GAME’s name or trademarks without the express written consent of BELL HAT GAMES. The USER nor his/her adult caregiver may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of BELL HAT GAMES or third parties, and any unauthorized use is a reason for withdrawal from the CONTRACT by BELL HAT GAMES.

4. Properties of the Game

4.1. The GAME is digital content, and is provided on a one-off basis via download to the USER'S device (“PURCHASE”), or in case of a subscription, the GAME and related services are provided on a continuous basis for the subscribed period, subject to ongoing internet access (“SUBSCRIPTION”). No accessories shall be provided with the GAME.

4.2. The right to use the GAME is linked to the holding of the his/her or his/her adult caregivers account with the relevant electronic marketplace under the conditions of such electronic marketplace (“ACCOUNT”). The particular ACCOUNT or accounts subject to it under the conditions the relevant electronic marketplace (Family Library, App Sharing etc.) must be signed-in at the relevant device in order to use the GAME.

4.3. Full use of GAME is dependent upon the quality of the USER’s end device, which must have the necessary operating system, storage space, and internet access necessary at least for installation and running the GAME for the first time. The maintenance and security of USER’s end device and operating system may influence the performance of the GAME, and it is USER’s or his/her legal guardian’s and/or adult caregiver’s responsibility to ensure end device’s proper functionality and compatibility with GAME’s requirements. The compatible operating systems are available on BELL HAT GAMES’ website and/or at the relevant electronic marketplace, however, the GAME is generally compatible together with the technical and software equipment (hardware and software) that is usually sufficient to run other applications available on the electronic marketplace in question.

4.4. The GAME may include access to online services, which may require an active internet connection and compliance with additional service terms.

4.5. By clicking on some links in the GAME, BELL HAT GAMES domain may be abandoned and the USER may be redirected to services of third parties (in particular, the relevant electronic marketplace. BELL HAT GAMES is not responsible for the legal relationship between USER and/or his/her legal guardian and/or adult caregiver and this third party in this context.

4.6. Beside the need to have the GAME linked to the ACCOUNT, the USER’s continued access to and use of the GAME may be subject to updates, modifications, or discontinuation at BELL HAT GAMES’ sole discretion. However, BELL HAT GAMES is obliged to maintain the features of the GAME to the extent that the GAME is still suitable for the agreed purpose, and that the GAME, in terms of functionality, compatibility, continuity and security, is fit to the relevant standard at the given place and time. BELL HAT GAMES is obliged to do so by means of the necessary updates for at least 1 year from the date the GAME is first made available (“SUPPORTED PERIOD”). For this period, BELL HAT GAMES also undertakes to keep the GAME’s updates and related support available on the relevant electronic marketplace. After this period, BELL HAT GAMES is not responsible for the fulfilment of this standard or for maintaining the functionality of the GAME and is not obliged to provide any further updates, nor is it obliged to keep the GAME’s updates and related support available, not even in the relevant electronic marketplace.

4.7. The purpose of the updates is to eliminate detected deficiencies and adapt the digital content to a new software environment to keep the GAME functional for the entire duration of the SUPPORTED PERIOD. BELL HAT GAMES shall provide such updates at such times BELL HAT GAMES deems appropriate having regard to the circumstances (“NECESSARY UPDATES”). The USER or his/her legal guardian’s and/or adult caregiver is obliged to make the NECESSARY UPDATES without undue delay.

4.8. For SUBSCRIPTION, the SUPPORTED PERIOD corresponds to the subscribed period, during which NECESSARY UPDATES will be made available.

4.9. The USER may refuse installation of the NECESSARY UPDATES of the GAME, but in that case, BELL HAT GAMES is not obliged to guarantee availability of the GAME to the full extent, and it would not be liable for any incompatibility of the already installed (or not installed) software and of its security provisions with the characteristics set up in the CONTRACTS within the framework of these Terms and Conditions.

4.10. BELL HAT GAMES reserves the right to maintain, update, and temporarily suspend the functionality for technical, security, or operational reasons. The USER or his/her legal guardian and/or adult caregiver acknowledges that uninterrupted availability cannot be guaranteed, but BELL HAT GAMES will use reasonable efforts to minimize downtime.

4.11. Unless these Terms and Conditions provide otherwise, BELL HAT GAMES may change, suspend or terminate any service and/or content, its extent, accessibility, or way of provision.

4.12. The USER is not entitled to any upgrades to new software or GAME’s enhancements with new functionality or features beyond the mandatory update; if such upgrades are offered, they are provided at the sole discretion of BELL HAT GAMES, as are the terms of such provision (“CHANGE”). Where a CHANGE to the GAME impairs the USER's access to or use of the GAME in a significant way, BELL HAT GAMES will further warn the USER directly through the GAME’s environment and/or through the relevant electronic marketplace, within a reasonable time before the change is made, of the nature of the change, the time of its implementation and the right to terminate the CONTRACT or to keep the GAME unchanged. In case of keeping the GAME unchanged, BELL HAT GAMES is not obliged to guarantee availability of the GAME to the full extent, and it would not be liable for any incompatibility of the already installed (or not installed) software and of its security provisions with the characteristics set up in the CONTRACTS within the framework of these Terms and Conditions.

4.13. Except as provided in the preceding paragraph, BELL HAT GAMES is not required to notify in advance of the consequences of any changes in, modifications, suspension or termination of the relevant services and/or content, and is not liable in any other way for not doing so, unless these Terms and Conditions provide otherwise.

4.14. In no way does BELL HAT GAMES guarantee the availability of the GAME in relation to third parties, through the mediation of which the USER uses and gets access to the GAME and related services. USER and/or his/her legal guardian and/or adult caregiver bear all the costs incurred in connection with access and use of the relevant services and content of the third parties (i.e., the cost of internet connection, etc.).

4.15. BELL HAT GAMES will ensure availability of the GAME for the whole SUPPORTED PERIOD.

4.16. BELL HAT GAMES is not liable for unavailability of the GAME or related services for reasons not attributable to it, which include mainly an outage in the provider of internet connection, internet browser or remote storage, or for the reason of extraordinary unforeseeable circumstances out of BELL HAT GAMES’ control and temporarily or permanently preventing the GAME to be working or related services to be provided completely of within a substantial extent.

4.17. BELL HAT GAMES does not store or back up unique user data associated with playing the GAME and is not responsible in any way for its loss. Deleting the GAME will result in the loss of GAME data of the USER, unless the USER specifically downloads and saves it independent of the GAME, and BELL HAT GAMES.

4.18. Certain functionalities of the GAME, including but not limited to personalised feedback, adaptation of gameplay to the USER’s individual condition, and statistical outputs related to concentration or attention, might require the processing of information, that under limited circumstances, might by considered special categories of personal data within the meaning of Article 9 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) and/or similar regulation. If such processing occurs, it can only take place based on the USER’s or his/her legal guardian’s explicit consent. If the USER or his/her legal guardian does not provide such explicit consent, or if such consent is withdrawn, the GAME shall remain available in the non-personalized form.

4.19. The USER, or his/her legal guardian and/or adult caregivers, expressly acknowledge that the data available within the GAME is personal data and may be considered categories of personal data, and its processing is subject to a special regime pursuant to Article 9 of the GDPR, and in this regard, they undertake to act in accordance with this regime.

4.20. The USER acknowledges and agrees that the absence of such functionalities due to lack or withdrawal of explicit consent does not constitute a defect of the GAME, non-performance of the CONTRACT, or give rise to any claim for damages, discount, or refund.

4.21. BELL HAT GAMES is not liable for any defect caused by improper interfacing of Digital Content with the User's Digital Environment provided by anyone other than BELL HAT GAMES.

5. Account and Profile

5.1. BELL HAT GAMES is not responsible for any services provided to the USER in connection with the ACCOUNT. BELL HAT GAMES only provides the necessary interconnection between the relevant electronic marketplace, the ACCOUNT and the GAME that can be installed and used with the given ACCOUNT signed in at the relevant device under the conditions set by these Terms and Conditions.

5.2. The USER and/or his/her legal guardian and/or adult caregiver are obliged to maintain confidentiality concerning the information necessary to get access to the USER’s ACCOUNT. BELL HAT GAMES is obliged to enable access to the GAME on the basis of the ACCOUNT; however, it is not required to examine further the legitimacy of the access. BELL HAT GAMES bears no liability for any unauthorized use of ACCOUNT in connection with the GAME.

5.3. The USER and/or his/her legal guardian must inform the relevant electronic marketplace and BELL HAT GAMES immediately if the access information to the ACCOUNT have been compromised, as well as about any other intervention in the security of the ACCOUNT, in particular in case of any unauthorized or attempted access to the GAME in connection to the ACCOUNT;

5.4. The USER and/or his legal guardian is responsible for the content published, shared or otherwise made available through his ACCOUNT. If requested, BELL HAT GAMES is obliged to provide the USER necessary support in connection with misuse of the ACCOUNT in connection with the GAME and to provide him with reasonable assistance to eliminate the illegal or undesirable state.

5.5. The relevant agreement between BELL HAT GAMES and the USER may be terminated by the USER at any time without any period of notice and without giving any reason, according to the instructions given in the GAME’s interface by deleting the ACCOUNT.

5.6. The USER may use the GAME through one or more player’s profiles within the GAME’s interface (“PROFILE”).

5.7. The PROFILE is not a separate service, but a feature of the GAME.

5.8. The USER and/or his legal guardian is responsible for the content published, shared or otherwise made available through or in connection with his/her PROFILE.

5.9. The PROFILE is not maintained outside of the GAME and only exists within the relevant GAME’s installation. The PROFILE will be always deleted together with the GAME together with all data associated with it.

6. Liability

6.1. In connection with his/her use of the GAME, the USER and his/her legal guardian and/or adult caregiver are obliged to behave so as to avoid and prevent the occurrence of any injury suffered by themselves or by other persons. In particular, if USER and/or his/her legal guardian and/or adult caregiver learn about any fact which indicates even if a threat of injury occurrence, they must inform BELL HAT GAMES immediately, specifying all substantial circumstances, potential consequences and corrective actions, if any, they would suggest to be taken BY BELL HAT GAMES. BELL HAT GAMES is not obliged to act on the basis of such information if it would thereby encroach upon the rights of other persons and/or if the legal regulations prevent it from doing so; in other cases, BELL HAT GAMES is only obliged to act if instructed so by the legal regulations.

6.2. BELL HAT GAMES is entitled to determine the rules of the use of the GAME and technical conditions unilaterally within the limits of these Terms and Conditions, which it is entitled to specify further and which serve to define rules for the USER’s behaviour when using the GAME.

6.3. The USER and his/her legal guardian and/or adult caregiver are obliged to maintain confidentiality concerning the information necessary to get access to the USER’s ACCOUNT. BELL HAT GAMES is obliged to enable access to the ACCOUNT on the basis of the provision of such information; however, it is not required to examine further the legitimacy of the access. BELL HAT GAMES bears no liability for any unauthorized use of such information by third parties for a reason not on BELL HAT GAMES' part.

6.4. In particular, the USER nor his/her adult caregiver is not allowed to (directly or indirectly):

(a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the GAME,

(b) modify, translate, or otherwise create derivative works of any part of the GAME,

(c) develop, support, or use software, equipment, scripts, robots, and any other ways or procedures to obtain, copy, or derive any data from the GAME;

(d) cover or otherwise modify the GAME or its appearance (such as by adding elements to the GAME or by removing, covering, or dimming out data contained in the GAME), unless this is enabled by the interactive environment within the GAME.

(e) deactivate any security functions or circumvent or weaken any access control or GAME use limitation tools, or inactivate their function otherwise;

(f) process or otherwise disseminate or mediate any information obtained from the GAME, whether directly or through third parties without BELL HAT GAMES’ consent, unless otherwise follows from these Terms and Conditions;

(g) without BELL HAT GAMES ’s consent, refer to the GAME for any other purpose than the private consumer purpose, unless otherwise follows from these Terms and Conditions;

6.5. Further, USER nor his/her adult caregiver must not use the GAME:

(a) in a way which would be contrary to BELL HAT GAMES’ rights and legitimate interests;

(b) contrary to the legal regulations;

(d) in connection with or for the purpose of a conduct which could be perceived as immoral and/or adversely affecting the moral development and education of children;

(e) in a way which could be perceived as immoral and/or adversely affecting the moral development and education of children and as being contrary to the generally recognized principles of decency and ethics in using comparable electronic services.

6.6. With the exceptions stipulated by the cogent provisions of the legal regulations, the USER and/or his/her authorized adult caregiver have no right to indemnity in connection with the use of the GAME.

7. Duration, Delivery, Price, and Payment Terms

7.1. For PURCHASE, the SUPPORTED PERIOD is the duration of the CONTRACT. For SUBSCRIPTION, the CONTRACT runs for the subscribed period and automatically renews unless cancelled; the SUPPORTED PERIOD corresponds to the active subscription period.

7.2. The moment of delivery shall be deemed to be the moment when the GAME is made available to download via the relevant electronic marketplace.

7.3. In the relationship between the USER and BELL HAT GAMES, based on the USER’s location, the relevant electronic marketplace might act as an agent of BELL HAT GAMES in the capacity of a registered merchant. In such a case, applicable taxes may be collected and remitted by the relevant electronic marketplace, which issues the relevant tax documents for the USER, and the relevant electronic marketplace’s own terms and conditions apply in the relationship with the USER, in particular in relation to complaints and refunds.

7.4. For PURCHASE, the price is a one-time payment. For SUBSCRIPTION, the price is a flat-rate recurring payment for time-bound right to access and use the GAME for the duration of the subscribed period.

7.5. The price of the GAME and related rights (license) or the time-bound right to access and use the GAME shall be displayed in the applicable currency based on the USER's location and includes all applicable taxes unless stated otherwise. In case of SUBSCRIPTION, together with the price shall be displayed also the billing period (e.g., monthly, annually). Price is payable in advance, in case of SUBSCRIPTION, for each billing period. SUBSCRIPTIONS automatically renew for successive periods unless the USER cancels prior to the renewal date, in accordance with the cancellation procedure provided in the GAME interface or the relevant electronic marketplace.

7.6. The payment method shall be specified in the provisions of the contracts entered into by the USER with the relevant electronic marketplace. Payments are processed through the relevant electronic marketplace's payment system. The USER and his/her legal guardian and/or adult caregiver must comply with the relevant electronic marketplace’s payment terms.

7.7. The personal data associated with the ACCOUNT does not serve as a reward or part thereof and is processed by BELL HAT GAMES only for the purpose of providing the GAME, in accordance with the relevant personal data processing information.

7.8. The USER bears all the costs incurred by him in connection with getting access and using the services of the relevant electronic marketplace, and the GAME (i.e., the costs of the remote communication equipment such as internet connection, costs of hardware acquisition or operation, costs of acquisition and operation of third-party software in the form of internet browsers, etc.).

7.9. BELL HAT GAMES reserves the right to charge for additional extensions of the digital content within and related to the GAME and to modify such prices at any time. Any such purchase or price changes will be reflected in the relevant digital marketplace and/or in the GAME’s interface before the purchase.

7.10. The relevant electronic marketplace shall issue a confirmation of the concluded CONTRACT in text form to the USER and/or his/her legal guardian within a reasonable time after the conclusion of the CONTRACT, but at the latest at the time of downloading the GAME. This confirmation should contain information that the USER or his/her legal guardian agrees to commence performance before the expiry of the withdrawal period and that he/she acknowledges that his/her right to withdraw from the CONTRACT is terminated by giving his/her consent.

8. Security

8.1. The security of the GAME software is ensured by updates through a combination of the usual means.

8.2. The security of personal data of the USER is ensured to the extent and in the manner specified in the personal data processing information.

9. Rights from Defects, Termination, and Withdrawal

9.1. If the BELL HAT GAME is in default in making the GAME available, the USER may withdraw from the CONTRACT if BELL HAT GAMES fails to perform its obligation without undue delay after being called upon to perform by the USER or within an additional period expressly agreed between the parties, unless it is clear from BELL HAT GAMES’ statement and/or the circumstances that BELL HAT GAMES will not provide the digital content or it is clear from the agreement of the parties or the circumstances at the time of the conclusion of the CONTRACT that performance within the specified time is necessary. This does not apply if the delivery delay is not on the BELL HAT GAMES side.

9.2. In the case of SUBSCRIPTION, the USER or his/her legal guardian may cancel the SUBSCRIPTION at any time with effect from the end of the current billing period, unless otherwise specified by the relevant electronic marketplace. Payments already made for the current billing period are non-refundable, unless otherwise required by mandatory consumer protection law or expressly provided by the relevant electronic marketplace.

9.3. Where the CHANGE to the GAME accepted by the USER impairs the USER's access to or use of the GAME in a significant way (i.e. as a result of the CHANGE, the GAME cannot be used for its intended purpose without reasonable difficulty), the USER has right to terminate the CONTRACT within 30 days of the date on which the USER and/or his/her legal guardian, whoever later, was notified of the CHANGE or the date on which the GAME was changed, whichever is later. After the period for the termination, the USER is not entitled to any refund.

9.4. If the GAME is provided on a one-off basis (PURCHASE), the liability of the BELL HAT GAMES applies to defects that were present at the time of making the GAME available and that have become apparent within two years of that time. This does not apply to the NECESSARY UPDATES which must be provided by BELL HAT GAMES for the SUPPORTED PERIOD, and failure to provide which shall be considered a defect for the entire duration of the SUPPORTED PERIOD.

9.5. If the GAME is provided on the basis of a SUBSCRIPTION, BELL HAT GAMES is liable for ensuring that the GAME and related services conform to the CONTRACT for the entire duration of the SUBSCRIPTION. This includes ensuring that the GAME remains functional, compatible, secure, and consistent with the agreed features, provided that the USER installs the NECESSARY UPDATES made available. Any failure to maintain such conformity during the Subscription period shall be deemed a defect.

9.6. Rights arising from defective performance are to be exercised together with contact details and a description of the defect, primarily with the relevant electronic marketplace to the extent agreed between the USER and the relevant electronic marketplace. In other cases, they shall be made directly to the BELL HAT GAMES directly, or via the contact details at the relevant electronic marketplace. BELL HAT GAMES shall confirm such a claim, in particular when it occurred, what defect is alleged, and what remedy is sought by the USER.

9.7. Unless otherwise agreed, BELL HAT GAMES shall settle the legitimate claim from defective performance within a period that is reasonable with regard to the nature of the digital content, the alleged defects, and the purpose for which the claim was made.

9.8. The USER has a right to remedy the defect within a reasonable time in the first place, unless this is not possible or would be disproportionately costly, particularly in view of the significance of the defect and the value that the digital content would have without the defect. If BELL HAT GAMES will not remedy the defect within a reasonable time and without significant inconvenience to the USER, the USER has the right of withdrawal or the right to a reasonable discount.

9.9. The USER has a right of withdrawal or the right to a reasonable discount, also if the defect occurs after the prior removal.

9.10. If the defect establishes the breach of the CONTRACT in a material way, the USER has the right of withdrawal straight away without prior proceeding to the claim for remedy the defect. In such a case, the USER or his legal guardian must withdraw from the CONTRACT without undue delay after it has learned about the breach thereof.

9.11. The USER may initiate the review of BELL HAT GAMES’ compliance with the obligation to provide information about the characteristics of the digital content and its price, the scope, conditions and methods of claiming, and compliance with other obligations at the relevant authority competent to protect consumer’s rights and consumer shopping through the relevant electronic marketplace under the laws of the country of the USER’s location.

9.12. If the USER or his/her legal guardian withdraws from the CONTRACT, the USER shall refrain from using content other than the USER'S personal data that was created by the USER when using the GAME; this does not apply if the content is unusable without that GAME, if the content relates exclusively to the USER's activity in using the GAME, if the content has been mixed by the BELL HAT GAMES with other data and can only be separated with unreasonable effort, or if it was created jointly with other persons who may continue to use the content.

9.13. Except if the content is unusable without that GAME, and if the content has been mixed by the BELL HAT GAMES with other data and can only be separated with unreasonable effort, BELL HAT GAMES shall, on request, make available as to the USER the content, other than the USER's personal data, which the USER has created or stored when using the digital content through BELL HAT GAMES in the XML format. BELL HAT GAMES shall do so free of charge, within a reasonable time and in a commonly used machine-readable format.

9.14. Because all content generated by the USER is content that relates solely to the USER's activity in the GAME, BELL HAT GAMES has no obligation to make such content available to the USER upon withdrawal from the CONTRACT or outside of the GAME’s interface in a machine-readable format.

9.15. If the USER or his/her legal guardian withdraws from the CONTRACT, the USER shall refrain from using the GAME, including providing it to any third party.

9.16. If the USER or his/her legal guardian withdraws from the CONTRACT, the relevant electronic marketplace and/or BELL HAT GAMES may prevent the USER from further use of the GAME and the related digital content, in particular by making the GAME and related digital content or the USER’s ACCOUNT unavailable to the USER.

10. Governing Law and Language

10.1. The mutual relationships arranged by these terms and conditions are governed by the provisions of the legal order of the Czech Republic, namely the CIVIL CODE. The law of the Czech Republic is decisive in terms of the conflict of laws.

10.2. The provisions of Sections 1729, 1740(3), and 1765 of the CIVIL CODE will not be used.

10.3. The CONTRACT shall be concluded in English. By downloading and using the GAME, the USER indicates that he/she and/or his/her legal guardian understands and agrees to the content of these Terms and Conditions in the language of conclusion. In case of contradictions between the English version and any translation of these Terms and Conditions, the English version shall prevail except where a particular objective inconsistency in the translation could lead to a reduction of the consumer's right. That should also apply when the USER acts while using translation.

10.4. The provisions of these Terms and Conditions are not intended to narrow the arrangement between the USER and the relevant electronic marketplace to any extent for the benefit of BELL HAT GAMES. If the relevant electronic marketplace’s Terms provide for a more restrictive regime for the benefit of the USER, that regime shall apply.

10.5. The provisions of these Terms and Conditions do not in any way abridge the rights of the USER under the laws of the country of his/her location to protect consumers’ rights and consumer shopping through the relevant electronic marketplace.

10.6. In case that BELL HAT GAMES does not exercise or enforce any right or remedy contained in these Terms and Conditions (or to which BELL HAT GAMES is entitled under any applicable law), it shall not be deemed a formal waiver of BELL HAT GAMES’s rights, and such rights or remedies continue to be available to BELL HAT GAMES according to general provisions of the applicable law.

11. Other Consumer’s rights and notice

11.1. The USER shall be deemed as a consumer only when he/she is a natural person who has entered into a CONTRACT with BELL HAT GAMES outside of his business activities or outside of the independent performance of his profession.

11.2. To enter into the CONTRACT between BELL HAT GAMES and the USER is necessary to download the GAME through the relevant electronic marketplace under PURCHASE or under SUBSCRIPTION.

11.3. The CONTRACT entered into between the USER and BELL HAT GAMES consists of these Terms and Conditions and particular conditions available through the relevant electronic marketplace. All the conditions are provided to the USER within the offer on the relevant electronic marketplace at the latest at the time the GAME is made available for download, at least via a link to the relevant link to BELL HAT GAMES’ website.

11.4. At the moment of conclusion of the CONTRACT, the USER shall be notified in accordance with the terms and conditions of the relevant electronic marketplace.

11.5. Correcting errors made when entering data processed directly by BELL HAT GAMES is possible individually through the GAME’s interface, or if necessary via the e-mail address provided at BELL HAT GAMES’ website. It is necessary to communicate an identification of the USER’s ACCOUNT, the description of the error, and the correct data.

11.6. All the GAME’s description (i.e., the relevant digital content and related support) is available in these Terms and Conditions, mostly in the provisions concerning Properties of the Game, and at BELL HAT GAME’s website.

11.7. The personal data provided by the USER and/or his/her legal guardian are used by BELL HAT GAMES exclusively to provide digital content and/or to fulfil BELL HAT GAMES’s contractual and statutory obligations in accordance with the personal data processing information.

11.8. The CONTRACT is entered into by the USER for a definite SUPPORTED PERIOD in respect of guaranteed digital content, while licences and other related rights are granted for the duration thereof. The terms and ways of termination of the CONTRACT are defined in these Terms and Conditions.

11.9. If and where installation of plug-in software is enabled in connection with the GAME and related support for the purpose of the provision of certain functions, the USER may refuse such installation, but in that case, BELL HAT GAMES is not obliged to guarantee availability of the content or service to the full extent, and it would not be liable for any incompatibility of the already installed (or not installed) software and of its security provisions with the characteristics set up in the CONTRACT within the framework of these Terms and Conditions.

11.10.The USER always asserts his/her rights under the liability for defects with BELL HAT GAMES.

11.11.In general, the consumer has the right to withdraw from the CONTRACT within 14 days, which starts on the day of entering into the CONTRACT. However, THE OPTION TO WITHDRAW FROM THE CONTRACT IS EXCLUDED IN CONTRACTS FOR THE DELIVERY OF A DIGITAL CONTENT, PROVIDING IT WAS NOT SUPPLIED ON A PHYSICAL CARRIER AND WAS DELIVERED WITH THE PRIOR EXPRESS CONSENT OF THE CONSUMER BEFORE THE LAPSE OF THE TIME LIMIT FOR WITHDRAWAL FROM THE CONTRACT. THUS, THE USER HAS NO RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 14 DAYS WITHOUT GIVING A REASON, UNLESS THE TERMS AND CONDITIONS BETWEEN THE USER AND THE RELEVANT DIGITAL MARKETPLACE EXPRESSLY STATE OTHERWISE IN RELATION TO THE GAME.

11.12.If the Consumer withdraws from the CONTRACT, refund and related terms are subject to the relevant arrangements between the USER and the relevant electronic marketplace.

11.13.If BELL HAT GAMES has provided anything to the USER without any order being placed, the USER is not obliged to return the fulfillment (at his/her own expense) and neither to notify BELL HAT GAMES of it.

11.14.If a dispute shall arise between the USER and BELL HAT GAMES regarding rights and obligations under the CONTRACT related to the provision of digital content, the USER can file a petition for alternative dispute resolution (so-called ADR) with the relevant platform run by the authority competent under the laws of the country of the USER’s location. Alternative Dispute Resolution (ADR) platforms provide consumers with mechanisms to resolve disputes without resorting to litigation.

11.15.BELL HAT GAMES is entitled to offer the GAME on the basis of a trade license. The trade license inspections are performed by the Trade Licensing Office in the Czech Republic. In addition to the authorities competent with regard to the USER's location, the Czech Trade Inspectorate performs, among other things and to a limited extent, supervision over the observance of Act No. 634/1992 Sb., on consumer protection.

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