General Terms and Conditions - GTC

Version 2.6

of Mongata s.r.o., Company ID No.: 089 60 585, with its registered office at Plynární 1617/10, Prague 7, Postal Code 170 00, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 328252

for the Talk2amy platform (for consumers)


1. INTRODUCTORY PROVISIONS

1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") form an integral part of every contract concluded between the Provider and the Customer. Where a contract is referred to, these GTC shall also be understood to be included.

1.2. These GTC form an integral part of the Framework Agreement, which is concluded upon the creation of the Environment and the User Account, whereby these GTC further regulate the rights and obligations of the contracting parties. This also applies to the Partial Agreement, which is concluded at the moment the Customer purchases the paid service of purchasing Premium Queries or another paid product.

1.3. The Contracting Parties may deviate from these GTC by mutual agreement of both Contracting Parties, i.e. the Contracting Parties may agree in writing that certain provisions of the GTC shall not apply or shall apply differently.

1.4. In the event of a conflict between the GTC and a specific Agreement, the wording of the specific Agreement shall prevail.

1.5. The Provider is entitled to amend these GTC unilaterally. The Provider shall inform the Customer of such amendment no later than 30 (thirty) days before the amendment takes effect. The Customer has the right to reject the amendment to the GTC by written notice delivered to the Provider no later than before the amendment takes effect. By such written notice, the Provider simultaneously terminates the Agreement (Framework Agreement). In such case, the notice period shall be 7 (seven) days. Termination of the Agreement is free of charge.

1.6. These GTC contain references to the possibility of purchasing individual paid services, the provision of which shall be agreed upon by the Contracting Parties. These services are still under preparation and will be introduced gradually.

2. BASIC TERMS

2.1. The capitalised terms listed below shall have the following meaning in these GTC:

Administrator - the person who establishes and selects the form of the Environment (the same person as the Customer). The Administrator also invites Clients to complete Questionnaires

Environment - the part of the Platform resources and functions allocated to the Customer on the basis of the Agreement and these GTC. In this part of the Platform, the Customer may manage the data of other persons in relation to such data and functions. The Environment is established, changed and managed by the Administrator. The Environment also means the use of the Platform within the Lite Plan and the Amy Pro Plan and other services within these plans

Billing Period – the period of time for which the use of Premium Queries is paid, typically a calendar month

Price - the one-off unit price for using the Environment upon the transition from the Lite Plan to the Pro Plan and, where applicable, the price for the additional purchase of Premium Queries, whether one-off or recurring for each Billing Period, as well as the price for other products as determined by the Provider's price list

Partial Agreement - a partial agreement on the provision of services consisting in the provision of services (in particular the purchase of additional Premium Queries), concluded between the Provider and the Customer on the basis of the Framework Agreement

Customer - the person with whom the Provider concludes the Agreement and to whom the Price is invoiced. The Customer is always a person over 16 years of age. The Customer is a consumer, i.e. a natural person who, when concluding the Agreement or in connection with an obligation arising from the Agreement, does not act within the scope of their business activity or within the independent exercise of their profession; the Individual mode is further defined in Article 4 of these GTC. The Customer is always also the Administrator.

Platform - the Talk2amy platform operated on the following websites:
• https://client.talk2amy.com - version for registered users
• https://support.talk2amy.com – Platform support for all types of users
• https://lite.talk2amy.com - Lite Plan.

Provider - Mongata s.r.o., Company ID No.: 089 60 585, with its registered office at Plynární 1617/10, Prague 7, Postal Code 170 00, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 328252, e-mail: info@mongata.eu.

Framework Agreement - a framework agreement on the provision of services concluded between the Provider and the Customer, which anticipates the conclusion of Partial Agreements

Agreement - the Framework Agreement and the Partial Agreement; the Agreement is always concluded for an indefinite period with a billing period at the frequency according to the selected Billing Period; it is a specific type of contract with digital performance.

Questionnaire - an online questionnaire, test or survey for the purpose of describing personality type and analysing characteristic traits, provided by the Provider within the Platform

User Account (User) - an account within the Platform that contains a username, password and personal settings. Through this account, a natural person is authenticated within the Platform. One User may be part of multiple Environments.

Premium Query – a unit of consumption when using the AI assistant – Amy. This is a functionality of the paid version of the Platform through which the Customer can communicate with the AI assistant Amy. A Premium Query represents a cost associated with the average number of tokens of one AI prompt at input and output. The number of Premium Queries is determined by tokens, which are prepaid in a specific number in the given type of version of the Environment. If the prepaid number of Premium Queries is exhausted, it is possible to purchase a one-off package of Premium Queries or to purchase a subscription.

Amy Pro Plan (paid version) - defines the specific Platform services as further specified in these GTC and their Price. The Price is paid as a one-off payment, and the Customer is subsequently allowed to choose a one-off purchase or a subscription within the Amy Pro Plan to obtain additional Premium Queries.

Lite Plan – a free option for using the Platform; such version is functional, but does not include all results, tools and options of the paid versions. The Lite Plan is intended for one person only.

Respondent – a natural person whom the Administrator (Customer) invites to register their own User Account and to complete a Questionnaire and who completes the Questionnaire. A Respondent is also a person who completes a Questionnaire without further ado. The Customer is also a respondent.

Contracting Parties - the Customer and the Provider

User SK – a Customer who is a citizen of the Slovak Republic, or a Customer to whom the law of the Slovak Republic applies.

User CZ - a Customer who is a citizen of the Czech Republic, or a Customer to whom the law of the Czech Republic applies.

3. SPECIFICATION OF SERVICES

3.1. The Platform is a supportive psychological platform based on statistics and, as regards the function of the AI assistant “Amy”, also on artificial intelligence. Its aim is to help people understand their personality and further develop and work with it. The Platform also enables work with the personality characteristics of other people who voluntarily complete a Questionnaire and agree to share their results.

3.2. On the basis of Questionnaires and other inputs, the Platform creates a personality profile, which it further processes within the relevant Respondent and, according to the Respondent’s choice, compares the results with selected types, etc.; personality profiles are created exclusively on the basis of Questionnaires and other inputs from the Respondent. It is the Respondent’s responsibility to provide truthful, correct, current and complete data in the Questionnaire or other inputs. The Platform is able to explain clearly the specifics of a particular personality and its projection into personal and professional life.

3.3. The Platform is available on the following websites:
• https://client.talk2amy.com - version for registered users
• https://support.talk2amy.com – Platform support for all types of users
• https://lite.talk2amy.com - Lite Plan.

3.4. The Platform may be used both in registration mode and without registration, i.e. in the Lite Plan.

3.5. A person always moves to registration mode from the Lite Plan mode by choosing the option to switch to one of the paid plans. This process creates a new Environment of the "Individual" type, in which a User Account is created for the person, and the person then fills in the required details, such as e-mail and password.

3.6. After the Environment is created in registration mode, a confirmation of the creation of the Environment is sent to the specified e-mail address. The Environment and the User Account are activated, and thus created, regardless of whether the hyperlink is clicked.

3.7. In the Lite Plan, the Customer is allowed to complete certain Questionnaires even without the need to register a User Account and pay the Price. For all results and full functionality, the Customer must choose to switch to a paid plan (Amy Pro Plan). By confirming the order of paid products or the paid version, the Customer becomes obliged to pay the Price according to the price list via the payment gateway, upon clicking the "Order with obligation to pay" button.

3.8. The services provided by the Platform and described in these GTC differ depending on whether they are provided under the Amy Pro Plan (paid version) (which is established by a one-off payment and subsequently allows the selection of one-off payments or a subscription for certain services within this plan) or the Lite Plan (unpaid version).

3.9. For the proper functioning of the Platform, the Customer’s device must meet at least the following requirements:
a) The browser used must be one of the supported browsers:
1) Microsoft Edge (latest version)
2) Safari (latest version, Mac only)
3) Chrome (latest version)
4) Firefox (latest version)
b) The browser used must have enabled:
1) Cookies
2) JavaScript
c) The network / firewall used must allow:
1) Cookies - technical cookies for security and operational reasons
2) Secure HTTP Protocol (HTTPS)
3) Secure WebSockets Protocol (WSS)
4) E-mails from the talk2amy.com domain (not required for Lite)
d) The internet connection used must be stable with the following throughput per User:
1) Minimum: 5 Mb/s
2) Optimal: 10 Mb/s

The Customer acknowledges that if the device on which the Customer uses or wishes to use the Platform does not meet the above conditions, the Provider does not guarantee full/proper functionality of the Platform.

4. AMY PRO PLAN

4.1. The Amy Pro Plan is intended for natural persons over 16 years of age who will use the Platform services for their personal needs. This Environment may not be used for commercial purposes.

4.2. The personal need referred to in the preceding paragraph shall not affect the possibility of providing Questionnaire results to a third party or sharing Questionnaire results with a third party designated by the Customer.

4.3. To use the services of the Amy Pro Plan, the Customer is obliged to create an Environment by switching from the Lite Plan, by selecting the "Amy Pro" plan and choosing the "Order with obligation to pay" option. The Customer then fills in the required details, such as e-mail and password.

4.4. Creating the Environment is free of charge.

4.5. Use of the Amy Pro Plan is conditional upon payment of the one-off Price. The Customer is subsequently allowed to choose a one-off payment or a monthly subscription, within which the Customer will be able to top up additional Premium Queries; the Customer may, but does not have to, use these payments.

4.6. When creating the Environment, the Customer simultaneously creates a User Account, or assigns a previously created User Account to the Environment.

4.7. The Customer is obliged to fill in the details about the Environment truthfully and completely and to keep the details up to date and accurate throughout the entire period of its registration. The Customer may correct and change the details, except for the e-mail, in the Environment at any time.

4.8. The User is obliged to fill in the details about the User Account truthfully and completely and to keep the details up to date throughout the entire period of its registration. The User may correct and change the details in the Environment at any time.

4.9. By creating the Environment, the Customer expresses consent to these GTC and the Framework Agreement is concluded, which is concluded for an indefinite period and electronically in one of the supported languages selected by the User. Information about the Environment and its content is located under the "Account Settings" section (the person icon in the upper right corner of the screen), where the User can manage it. All approved legal documents are also located under the "Account Settings" section.

4.10. In the Amy Pro Plan, the Customer may
(i) work with complete results, complete Questionnaires and use other related functions,
(ii) use additional Premium Queries obtained upon the transition from the Lite Plan,
(iii) edit their data and the Environment.

4.11. Within the Amy Pro Plan, it is always necessary to pay the one-off Price. In addition, it is always possible to purchase Premium Queries after logging in to the User Account by means of a one-off or recurring monthly payment (subscription), for which the Price is paid and the Customer will be allowed to use the specified number of Premium Queries.

Upon payment of the one-off Price when switching from the Lite Plan to the Amy Pro Plan, the Customer obtains:
• Complete personality profile – access to all 62 measured characteristics, main traits, motivation, values, tendencies and other contexts.
• All interpretation options – the possibility to use the complete set of offered functions, e.g. personality development.
• Package of queries for Amy – access to a further 150 queries with Amy without time limitation.
• Permanent access to results - the results are always available and it is possible to return to them at any time.
• Data is kept for at least one year from any last payment.
By choosing the one-off payment option for Premium Queries, the Customer obtains:
• 100 queries one-off
• Unused queries in a given month do not expire
• Can be cancelled at any time
By choosing the Premium Queries subscription option, the Customer obtains:
• 100 queries every month
• Unused queries in a given month expire
• Can be cancelled at any time

If the Customer does not use all the services made available to them by payment of the subscription within the Amy Pro Plan in the given calendar month for which they paid the subscription price, these services are not carried over to the following month.

4.12. The Customer is provided with a summary of the selected order for the given paid service (purchase of Premium Queries or another product) and is provided with basic information and data about the Agreement.

4.13. If the Customer agrees with the order summary, the Customer places a binding order for the paid product or service by clicking the "Order with obligation to pay" button.

4.14. By placing a binding order for a paid product or service pursuant to the preceding paragraph, the Customer undertakes to pay the Price according to the Price List.

4.15. Upon due payment of the Price, a Partial Agreement for the given paid service (product) is concluded. Use of the ordered paid service (product) is enabled for the Customer only after full payment of the Price.

4.16. After all the above conditions have been met, the User is allowed within the Environment to begin using the functions associated with the given paid service (product), to use Premium Queries, or to use other purchased products. Each Questionnaire may be completed by a Respondent only once.

4.17. The Questionnaire results are stored in the Environment and the Customer may view them at any time, combine them, compare them, or otherwise work with and display them.

4.18. In the Amy Pro Plan, it is not possible to invite other persons within the Environment.

5. LITE PLAN

5.1. The Lite Plan is intended for natural persons who wish to complete one of the free Questionnaires for their personal needs, without registration.

5.2. In the Lite Plan, the Customer is not obliged to provide the Provider with any personal data. Optionally, an e-mail address may be provided.

5.3. To complete a Questionnaire in the Lite Plan, the Customer clicks on the web address https://lite.talk2amy.com/protected/invitation/6eFB9CLA2nToAFULGo6RXk available from the website https://www.talk2amy.com. The Customer will then be provided with the following information:
(i) identification and contact details of the Provider,
(ii) designation of the services and description of their main characteristics,
(iii) functionality of the digital content and technical protection measures,
(iv) method of storing the Agreement and enabling access to it,
(v) link to these GTC.

5.4. After completing the Questionnaire, the Customer is shown a result with a return hyperlink in case the Customer wishes to return to the result. If the Customer optionally provides an e-mail, this link is also sent to that e-mail.

5.5. The Customer acknowledges that Questionnaires completed in the Lite Plan and the interpretations of their results have a lower informative value than the Questionnaires and functions available in the paid versions of the Amy Pro Plan. These are sample, indicative Questionnaires which do not work with such sophisticated methods of evaluation. Selected functions of the Platform may also not be available.

6. PRICE

6.1. The Customer is obliged to pay the Provider the Price, both one-off and recurring for each Billing Period, according to the Price List.

6.2. The Price List is available on the Provider’s website https://www.talk2amy.com and its relevant part is also presented to the Customer before the binding order of the given paid service (product).

6.3. The Price for the transition from the Lite Plan to the Pro Plan is paid by direct payment via the payment gateway of the external company Stripe.com as a one-off payment.

6.4. In paid versions, it is also possible to purchase additional Premium Queries, which enable querying the AI assistant even if the Customer (or other persons) exhausts the query limit for the given Billing Period within the given paid version of the Environment. If the Customer purchases Premium Queries as a one-off purchase or as part of a regular subscription, these are drawn as follows:
(i) In the case of a one-off purchase, queries are drawn only if there are no queries available from another source, i.e. by the transition from the Lite Plan to the Pro Plan, or by a regular purchase.
(ii) In the case of a regular purchase, at the end of the Billing Period the number of available Premium Queries is reset to the number of queries specified at the time of purchase. Queries acquired from this purchase are used as a priority.

6.5. Proof of receipt of payment is provided to the Customer according to the terms of the external company operating the payment gateway, or by the Provider.

6.6. In the event of a refund of any payment or part thereof, the relevant portion of the funds shall be returned to the account from which the payment was made (i.e. by the same payment method).

7. QUESTIONNAIRE

7.1. At the beginning of the Questionnaire, the Respondent may be asked to provide some further details about themselves. Providing these details helps with the evaluation of the Questionnaire, but is not essential. These details are, for example, country of origin, age, gender, native language, etc. The requests for these details are displayed according to the specific country.

7.2. The Respondent may interrupt completing the Questionnaire at any time and return to complete the Questionnaire where they left off. If the Respondent does not return to completing the Questionnaire within 3 hours, the completion history may be deleted and the Respondent must complete the Questionnaire from the beginning.

7.3. Questionnaires are evaluated automatically and the results are available immediately after completion of the Questionnaire.

7.4. Questionnaires and Questionnaire results serve only for informational purposes.

7.5. The digital content of the Platform and its functions require the User to have hardware and software equipment available, at least to the extent described under Article 3.9 of the GTC, enabling the digital content to be opened and played within an internet browser. To use the digital content, it is necessary that the User is connected to the internet at a sufficient speed and is physically located in a country where the Platform services are provided.

7.6. The Customer and the Respondent (as well as other persons) acknowledge that Questionnaire results are created on the basis of statistics and prediction and therefore cannot under any circumstances be considered an assessment of the Respondent’s health or psychological condition. If the Questionnaires were evaluated using a methodology other than that used by the Provider within the Platform, the results could differ.

7.7. In the event of any concerns about health or psychological condition, it is necessary to consult a physician. The Platform does not replace the services of counselling or clinical psychologists. The activity of the Platform does not constitute the provision of healthcare or other similar services under applicable legal regulations.

7.8. Questionnaire results do not replace a diagnosis or any other assessment of an individual’s psychological or health condition; only a physician is competent to do so.

7.9. As part of the provision of the Services, some outputs (e.g. interpretations of answers, summaries, recommendations) may be generated by artificial intelligence (AI). These outputs are marked with the AI logo.

7.10. If you communicate with Amy or with automated interpretation, you are communicating with AI, not with a human being. AI outputs are indicative, may be inaccurate and are intended to serve exclusively as supporting information. If the service is used in an environment with a potentially significant impact on individuals (e.g. HR), AI outputs must not be the sole criterion for decision-making. The Customer is always obliged to ensure supervision and verification of the relevance of the conclusions by a person authorised to do so.

7.11. The personality profile is based on the specific model used, not on objective reality. A person’s personality, preferences and behaviour may change over time, depending on environment, stress, experience or motivation. Outputs therefore capture only probable tendencies based on the available information at a given moment.

7.12. In view of the nature of the Platform and its outputs (as stated above), the Provider:
a) is not liable for any decision made by the Customer or the User or any person acting on behalf of the Customer on the basis of the results of the Questionnaires or the use of other products or in connection with them,
b) does not guarantee that following the results of the Questionnaires and acting in accordance with them, even if such conduct is in line with them, will bring the given Respondent any benefit, advantage, success or failure, whether in the Respondent's professional or personal life,
c) is not liable for any harm caused by the use of outputs from the Platform, to the full extent (or to the maximum extent permitted by law) - in particular, the Provider is not liable for any harm caused by the use of outputs from the Platform without proper verification, incorrect interpretation of results, decisions made on the basis of the Platform's results, or incomplete or inaccurate inputs provided by the Customer or another person.

8. RIGHTS AND OBLIGATIONS OF THE PROVIDER

8.1. The Provider is not liable for defects of the Platform caused exclusively by circumstances excluding liability (force majeure) that could not have been averted with the exercise of professional care (power outage, data network failure, etc.), by force majeure, or by planned or unplanned downtime of the Platform for the purpose of checking or maintaining hardware, software or websites. This does not affect the Provider's statutory liability for defects in digital performance.

8.2. The Provider reserves the right to provide services only in selected countries.

8.3. The functions of the Environment and/or the Price may differ within selected countries.

8.4. The Provider shall take measures, using available hardware and software means, to secure the operation of the Platform and the stored Customer data, taking into account in particular the nature, scope, context and purposes of data processing, the costs of implementation, and the varying likelihood and severity of risks.

8.5. The Provider reserves the right to refuse the registration or creation of the Customer's Environment, in particular where there are objective reasons on the part of the Customer for which the Provider cannot fairly be required to perform (e.g. in the case of a justified suspicion of misuse of the Platform, prior breach of the GTC, repeated default on any Payment, or a security risk).

8.6. The Provider stores and further analyses anonymous and anonymised data to which it has access in connection with the operation of the Platform. Such data is not connected or connectable with any Customer, Respondent or other person within the provision of the Platform services, whether a natural or legal person.

8.7. The Provider undertakes to keep the data in the Environment for a maximum of one year from the date of the last one-off payment; all data in the Environment may subsequently be deleted; the retention period of certain other data may differ (logs for two years, etc.). If no payment is made, the Provider keeps the data within the Environment for a maximum of one year from the date of creation of the Environment.

9. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

9.1. The Customer agrees that the Agreement is concluded remotely by means of distance communication.

9.2. The Customer has the right to terminate the Agreement at any time without giving reasons by terminating the Environment by clicking the "End Environment" button under the "Account Settings" section (the "head" icon in the upper right corner) under "Manage Environment\Delete account and data". The Customer acknowledges that by terminating the Environment, the Customer will lose all stored results and purchased paid Questionnaires or other products, without any right to compensation. Termination under this paragraph is effective immediately. The Price for the already paid Pro Plan or for additional services purchased is not refunded as a result of termination.

9.3. The Customer is further entitled to withdraw from the Agreement within 14 days of its conclusion without giving reasons, by clicking the "Withdraw from contract" button in the "Account Settings" section (the "head" icon in the upper right corner) under "Billing", or by delivering a withdrawal from the Agreement to the Provider (preferably by post or by e-mail that the Customer provided at registration). The Customer is also entitled to withdraw from the Agreement if the Provider is in delay with making the digital content available, if the Provider fails to fulfil its obligation without undue delay after the Customer has called upon it to perform or within an additional period expressly agreed by the Contracting Parties. In the event of withdrawal from the Agreement under this paragraph, the Provider shall refund to the Customer the performance paid (the Price paid) and shall block access to the Environment.

For CZ Users:

9.4. A Customer whose right has been affected by an unfair commercial practice may, in addition to claims arising from the Civil Code

9.4.1. withdraw from the Agreement within 90 days from the date of conclusion of the Agreement, or

9.4.2. demand a reasonable reduction of the Price to an extent corresponding to the nature and seriousness of the unfair commercial practice.

9.5. The model withdrawal form attached as Annex No. 1 to these GTC may be used for withdrawal and sent to the address stated therein.

For SK Users:

9.6. A Customer directly affected by an unfair commercial practice has, under Slovak law, depending on the nature of the practice, the right to:
(i) free remedy (in particular repair or replacement of the product),
(ii) an appropriate price reduction, or
(iii) withdrawal from the contract (in cases provided for by law).

If the Customer is a consumer to whom the mandatory provisions of the legal order of the Slovak Republic apply, their rights in the event of an unfair commercial practice are governed in particular by Act No. 108/2024 Coll. on Consumer Protection, as amended. This does not affect other rights of the Customer arising from the contract or from mandatory legal regulations.

9.7. The Customer, User in any position and Respondent undertake to maintain confidentiality regarding the content and structure of the Questionnaires, the functionality and know-how of the Platform and not to disclose such information directly or indirectly under any circumstances or by any means, or otherwise communicate it to third parties, or otherwise use it directly or indirectly other than for their own needs, without the Provider’s prior written consent; otherwise, they shall compensate the Provider, or third parties, for any damage thereby caused.

9.8. The Customer, User in any position and Respondent undertake not to distribute, store, copy, modify or further process the content of the Questionnaires or the Platform interface. The Customer is aware that the Platform content, including texts and Questionnaires, design, graphics, images and file arrangement, is protected by copyright.

9.9. The procedure under the preceding paragraphs of these GTC shall not affect the Customer’s right to provide Questionnaire results to a third party or to share such results with a third party, to which the Respondent must give consent.

9.10. The Customer and User must ensure that their login credentials to the account are not misused and are obliged to protect them, as well as to use sufficiently strong and secure passwords.

9.11. The Customer is entitled to exercise rights arising from defective performance in writing with the Provider at the address of its registered office or at the e-mail address support@talk2amy.com.

9.12. The Customer undertakes to use the Platform and all services under these GTC for their own personal needs, not for commercial needs.

10. UPDATES AND CHANGES TO DIGITAL CONTENT

10.1. The Provider shall carry out and provide the Customer with updates to the Platform’s digital content that are necessary for the Platform to be free from defects, and the Customer shall be notified of their availability.

10.2. The Provider may make changes to the Platform for the following reasons:
10.2.1. adding functions/data in order to improve the Platform
10.2.2. improving existing functions/data in order to improve the Platform
10.2.3. changing the algorithm with which the Platform works
10.2.4. removing/adding Platform content
10.2.5. complying with statutory requirements
10.2.6. fulfilling contractual obligations towards the Provider’s suppliers and partners.

11. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

11.1. Defective performance (i.e. defective provision of Platform services) shall include in particular:
• Annual average system availability below 95%; situations under paragraph 8.1 of the GTC shall not be counted towards availability within the meaning of this point.
• Recurring (at least twice during one calendar week) error states in key system functions, which are:
(i) User login
(ii) Visualisation of test results
(iii) Administration of the Environment

11.2. The Customer may notify a defect that appears or occurs in the digital content during the duration of the obligation.

11.3. If a defect occurs in the Platform, the Customer is obliged to provide the Provider with the necessary cooperation to a reasonably required extent to verify whether the defect occurred as a result of the Customer’s unsuitable digital environment. If the Customer refuses to provide cooperation, it is for the Customer to prove that the Platform has defects.

11.4. Rights arising from defective performance are exercised in writing by sending an e-mail to support@talk2amy.com or to the address of Mongata s.r.o., Company ID No.: 089 60 585, with its registered office at Plynární 1617/10, Prague 7, Postal Code 170 00, Czech Republic.

11.5. If the Platform has a defect, the Customer may request its removal, unless this is impossible or disproportionately costly; this shall be assessed in particular with regard to the significance of the defect and the value that the digital content would have without the defect.

11.6. The Provider shall remedy the defect within a reasonable time after it has been notified, so as not to cause the Customer significant difficulties, taking into account the nature and purpose of the digital content. In general, the Provider is obliged to resolve a claimed defect no later than 30 (thirty) days from the date of the claim. This period is extended by the time during which the Provider was not supplied by the Customer with the documents necessary to process the exercise of rights from defective performance and by the time when it is necessary to obtain statements from third parties, in particular experts, law enforcement authorities, or other state authorities or institutions.

11.7. Unavailability or non-functionality or limited functionality of the Platform is not considered defective performance if the Customer has not met the minimum conditions for its functionality within the meaning of Article 3.9 of these GTC.

11.8. The Customer may request a reasonable discount or withdraw from the Agreement if
a) the Provider has not remedied the defect pursuant to Article 11.6 or it is evident from the Provider's declaration or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for the Customer,
b) the defect appears again after removal, or
c) the defect constitutes a material breach of the Agreement (for SK Users, the following applies: a defect that is not negligible).


A reasonable discount shall be determined as the difference between the value of the Platform without the defect and the value of the defective digital content provided to the Customer. If the Platform is to be provided for a certain period, the period during which it was provided defectively shall be taken into account; the Customer shall be entitled to a discount even if the Customer withdraws from the Agreement.

The Customer may not withdraw from the Agreement if the defect of the Platform is insignificant only.

12. OUT-OF-COURT DISPUTE RESOLUTION

CZ User:

12.1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 00020869, website address: www.coi.cz, is competent for out-of-court resolution of disputes arising from Agreements with consumers.

12.2. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes arising from Agreements between the Client, who is a consumer residing in another Member State of the European Union, and the Provider.

12.3. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website address: www.evropskyspotrebitel.cz, is the contact point for online dispute resolution within the meaning of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, while it performs the functions within the meaning of this legal regulation only if the parties to the dispute do not have their habitual residence (registered office) in the same Member State of the European Union.

SK User:

12.4. In the case of a Customer to whom the mandatory provisions of the legal order of the Slovak Republic apply (SK User), the alternative dispute resolution entity is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), with its registered office at Bajkalská 21/A, 827 99 Bratislava (www.soi.sk), or another competent authorised legal entity entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1). The SK User has the right to contact the Provider with a request for remedy if dissatisfied with the way in which the Provider has resolved their complaint or if they believe that the Provider has infringed their rights. If the Provider rejects this request or does not respond to it within 30 days of its submission, the SK User has the right to file a proposal for the commencement of alternative dispute resolution with the entity under this point.

12.5. In the case of a cross-border consumer dispute, the User may use the information on consumer dispute resolution bodies in the EU Member States, Norway and Iceland available on the EC portal Consumer Redress in the EU: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.

13. CONFLICT-OF-LAWS PROVISIONS

13.1. The Agreements are governed by the legal order of the Czech Republic, without prejudice to the rights of the consumer, or the SK User, to which they are entitled under the mandatory regulations of the Slovak Republic.

13.2. If the Customer is a consumer with habitual residence in a state that is a contracting party to Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I Regulation), the provisions of the state in which the consumer has habitual residence, from which derogation by agreement is not permitted, shall prevail over the legal order of the Czech Republic.

13.3. All disputes arising from the Agreements shall be resolved by courts whose jurisdiction is governed by Article 17 et seq. of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

14. RULES FOR WORKING WITH ARTIFICIAL INTELLIGENCE

14.1. As part of the provision of the Services, some outputs (e.g. interpretations of answers, summaries, recommendations) may be generated by artificial intelligence (AI). If the Customer communicates with Amy or an automated interpretation, they are communicating with AI, not with a human. AI outputs are indicative, may be inaccurate and are intended solely as supporting information. Outputs generated by AI serve exclusively for informational and indicative purposes.

14.2. Outputs from tests and from AI are only supportive and must not be the sole basis for decisions with a significant impact on individuals (hiring or rejection for employment, promotion, etc.). For all outputs and recommendations, individual oversight and review must be carried out by an authorised and competent person.

14.3. AI is a statistical tool that may make errors, oversimplify, or work with incomplete or limited data. Opinions, summaries, scores, profiles, categorisations, recommendations or other conclusions created by AI:
• are based on the limited inputs provided to it (e.g. questionnaire answers, texts, short descriptions, test results),
• do not take into account all relevant circumstances (e.g. current life situation, long-term development, cultural context, health or psychological burden, language nuances),
• may be influenced by the quality and accuracy of the input data (e.g. unintentional distortions, incomplete answers), as well as by the methodology and quality of the data with which the AI works when generating results.

The information therefore cannot be regarded as binding or authoritative, nor as a substitute for professional assessment in any respect or area.

14.4. The Customer is obliged to verify any decision made on the basis of AI output from independent sources and/or consult a qualified expert. Any decision made on the basis of AI outputs is at the Customer's own responsibility. The Provider therefore strongly recommends:
• taking the results only as a stimulus for reflection,
• verifying conclusions from independent sources,
• combining the results with a personal conversation, assessment, context and other methods,
• for important decisions, always applying careful human oversight and consulting an expert.

15. FINAL PROVISIONS

15.1. If any provision of these GTC is contrary to mandatory provisions of legal regulations valid and effective in the Czech Republic or international standards, the provisions of such regulations and standards shall apply, without affecting the validity of the remaining arrangements of these GTC or the validity of these GTC as a whole.

15.2. The Contracting Parties expressly declare that the provisions of these GTC that differ from the provisions of the Civil Code or other legal regulations have been agreed in such deviating manner knowingly and, at the same time, declare that such deviating provisions are not contrary to good morals, do not violate public order or rights relating to the status of persons, including the right to protection of personality, and have been agreed fairly.

15.3. This amendment to the GTC is required by the new functionalities of the Platform, in particular with regard to services related to the use of the AI assistant Amy. Agreements concluded under the conditions of previous versions of the GTC remain valid in the version in which they were concluded, until the end of calendar year 2026. Subsequently, the Customer must switch to the Amy Pro Plan under these GTC; otherwise, the Customer may cancel their Environment at any time. The Customer may switch to one of the stated versions of the Environment at any time earlier.

15.4. These GTC are effective from 1.10.2026.

ANNEX NO. 1

Model withdrawal form

Sender:
First name and surname:
Residence:
(or e-mail, telephone number):
(hereinafter referred to as the "Customer")

Addressee:
Mongata s.r.o.
Company ID No.: 089 60 585
with its registered office at: Plynární 1617/10, Prague 7, Postal Code 170 00
(hereinafter referred to as the "Provider")

Notice of withdrawal from the contract

The Customer hereby withdraws, within the stipulated 14-day period, from the service provision agreement concluded between the Customer and the Provider on ____________________.

In ____________________ on ____________________

First name and surname of the Customer

(signature)