Terms and Conditions

1. Introductory Provisions

1.1. These terms of service (the "Terms") define the mutual rights and obligations between you, as the Customer, and us, BOHEMIA INTERACTIVE a.s., with its registered office at Stříbrná Lhota 747, 252 10 Mníšek pod Brdy, Company ID: 27218864, registered with the Commercial Register maintained by the Municipal Court in Prague, Section B, File 9791 (the "Provider"), as the provider of the Ylands EDU product (the "Application") and services provided alongside this Application, consisting mainly of a set of features, content, and Provider activities enhancing the Application's use for educational purposes. The specific content of the Service is further specified in the Price List and on the Ylands EDU Website (the "Service"). Additional contact details of the Provider (email address, phone number) are provided on the Ylands EDU Website in the Contacts section.

1.2. These Terms become binding on the Customer once the Customer completes and submits an Order to the Provider.

1.3. The Service is provided to the Customer under the conditions stipulated in these Terms.

2. Definitions

2.1. “Application” means the Ylands EDU educational application.

2.2. “Price List” means the current price list published on the Ylands EDU Website.

2.3. “License Terms” have the meaning as specified in Sec. 3.1 of these Terms.

2.4. “Period” means the duration of a specific Subscription.

2.5. “Order” means a binding order for the Service placed electronically in accordance with Article 4 of these Terms.

2.6. “Plan” refers to the Subscription variant, as specified in Sec. 5.1 of these Terms.

2.7. “Terms” are these terms of service.

2.8. “Provider” has the meaning as specified in Sec. 1.1 of these Terms.

2.9. “Subscription” means time-limited access to the Service according to the Plan.

2.10. “Service” has the meaning as specified in Sec. 1.1 of these Terms.

2.11. “Agreement” means the agreement for the provision of the Service concluded between the Provider and the Customer as stipulated in these Terms.

2.12. “Technical Requirements” means the hardware, software, and network connection requirements for end-user devices, as published on the Ylands EDU Website.

2.13. “Customer Account” means the Customer’s administrative user account for logging into the Application.

2.14. “User Content” means any specific output created while using the Service.

2.15. “Ylands EDU Website” means the official website of the Provider at https://edu.ylands.com.

2.16. “Customer” refers to you, as a natural or legal person.

3. Access to the Service

3.1. Unless otherwise specified, the Service can only be used through the Ylands EDU Application (the "Application"). The terms of use for end users of the Application are governed by the License Terms, which are available on the Ylands EDU Website ("License Terms").

3.2. The installation file for the Application can be downloaded from the Ylands EDU Website or other official sources. It must be installed on devices that meet the minimum Technical Requirements, which the Customer acknowledges upon submitting the Order.

3.3. After completing the installation, the following options are available under the respective conditions:

• a) Using the Application independently, or
• b) Using the Application in conjunction with the Service, under the conditions specified in these Terms.

4. Activation of the Customer Account and Subscription

4.1. The Service can only be provided if the Customer has a registered and activated Customer Account. The Customer Account can only be activated by the Provider upon receiving a completed Order submitted electronically via the relevant form on the Ylands EDU Website or as otherwise agreed between the parties.

4.2. To establish the Customer Account, the Order must contain accurate information about the Customer, including at a minimum: name or company name, permanent address or registered office, date of birth or Company ID, and contact details of the responsible person (email address and phone number).

4.3. The Agreement is concluded once the Provider sends confirmation of receipt of the Order to the Customer’s email address provided in the Order or by a written acceptance of the Provider’s offer.

4.4. The Provider will issue a proforma invoice along with the Order confirmation. The invoice will include the Provider’s and Customer’s identification details, Subscription Plan, the start and end dates of the relevant Period, payment details, and the price and due date. The access credentials to the Customer Account will be sent to the Customer by email within 3 business days of payment. Access to the Subscription is activated on the date the access credentials are sent, and the Subscription Period begins.

4.5. If the Customer fails to make payment by the due date, the Provider may suspend or restrict access to the Service, including the Customer Account.

5. Subscription

5.1. Subscriptions are available in various Plans, differing in the scope of the Service provided, the maximum number of users, and the Subscription Period.

5.2. Each Subscription is time-limited to the specific Period stated in the Order. Subscriptions do not renew automatically.

6. Conditions for Using the Service

6.1. The Customer agrees to use the Service solely for its intended purpose —education and teaching.

6.2. The Customer is responsible for ensuring that the number of end users does not exceed the limit set by the Plan. Access credentials are non- transferable.

6.3. The Customer must ensure compliance with these Terms by all users with access to the Service or Application.

6.4. The following activities are prohibited:

• 6.4.1. Using the Service for purposes other than education without prior consent.
• 6.4.2. Commercial use of the Service.
• 6.4.3. Transferring Service rights to third parties.
• 6.4.4. Violating these Terms.
• 6.4.5. Sharing access beyond the Plan's limitations.
• 6.4.6. Bypassing technical limitations.
• 6.4.7. Reverse-engineering or modifying the Service.

7. Payments

7.1. The Customer must pay the applicable fee as specified in the Price List. The final price is included in the Order confirmation or proforma invoice.

7.2. Before the end of each Period, the Customer may be notified of renewal options.

8. Termination

8.1. The Customer acknowledges that the right to withdraw from the Agreement terminates once access to the Service is granted.

8.2. The Customer may withdraw under applicable law by submitting a written request to [email protected].

8.3. Upon valid termination, the Customer will be refunded the Subscription fee.

9. Liability

9.1. The Service is provided “as is,” and the Provider offers no warranties or guarantees, particularly regarding the functionality, continuous availability, or suitability of the Service for its intended purpose. The Provider is not liable for any damage resulting from the use or inability to use the Service. Even if any liability of the Provider arises, the extent of such liability is limited to the amount the Customer paid in connection with the use of the Service.

9.2. The Customer acknowledges that they are not entitled to any Service updates, and the Provider is under no obligation to develop or provide updates. The Provider may deliver updates remotely and automatically, particularly for maintenance and improvements. The Provider will provide reasonable notice of updates through the Application interface.

9.3. The Provider is not obligated to provide user support, manuals, or maintenance for the Application or the Service. The Provider is not responsible for installing the Application or Service or integrating them with the Customer’s digital environment.

9.4. The Customer is fully responsible for their own User Content and acknowledges the risks involved if such content is created by or made accessible to third parties.

9.5. The Provider is not responsible for any loss of the Customer’s data (including User Content) caused by the use of the Service.

9.6. The Customer is fully responsible for protecting their Customer Account credentials from misuse or theft. If there is a suspicion of unauthorized access, the Provider may block the Customer Account. The Customer acknowledges that the Customer Account may be linked to additional sub-accounts, and the Customer is responsible for securing all related credentials.

9.7. If the Customer provides access to the Application or Service to students in educational institutions (e.g., schools), they are fully responsible for ensuring that such use complies with the institution’s obligations and internal policies.

10. Data Protection

10.1. The Provider’s personal data processing policy is available at: https://edu.ylands.com/en/gdpr

11. Complaints and Claims

11.1. If the Customer is a consumer, they may assert rights under Sec. 2389k et seq. of the Civil Code in the event of defects in the Service. Complaints or claims regarding defective performance may be submitted via email to [email protected].

11.2. If a complaint is not resolved, the Customer may pursue an out-of- court settlement. In such cases, a consumer may contact the Czech Trade Inspection Authority (http://www.coi.cz).

12. Final Provisions

12.1. By placing an Order, the Customer declares that they are fully legally competent and that they accept and agree to these Terms.

12.2. The Provider may unilaterally terminate the Agreement with immediate effect and/or restrict the Customer’s access to the Service if the Customer or any person to whom they have granted access violates these Terms, including non-compliance with Sec. 6.2. In such cases, the Customer must cease all use of the Service. No refunds will be provided, unless otherwise stated in these Terms.

12.3. The Provider reserves the right to unilaterally amend these Terms and will always publish the updated version on the Ylands EDU Website. The Provider will also notify existing Customers via email of any changes. Continued use of the Service after the changes take effect will be considered acceptance of the updated Terms.

12.4. All parts of these Terms are valid to the maximum extent permitted by law and do not limit any rights established under applicable law.

12.5. These Terms are governed by the laws of the Czech Republic, and any disputes arising from them will be resolved by Czech courts with general jurisdiction over the Provider, unless the dispute involves a consumer.

12.6. These Terms become effective on October 6, 2023.

Annex – Template for Contract Withdrawal Form

Notice of Contract Withdrawal

I hereby notify BOHEMIA INTERACTIVE a.s., with its registered office at Stříbrná Lhota 747, 252 10 Mníšek pod Brdy, Company ID: 27218864, of my withdrawal from the Ylands EDU Service Agreement entered into on [order date].

[Name, billing address, and email address provided in the Order]

[Signature – if submitted in paper form]

[Date]