GENERAL TERMS AND CONDITIONS
Unless expressly stated otherwise, in these Conditions the following terms beginning with capital letters shall have meanings as set out below:
“Application” shall mean the application TalkToPoppy! which is operated by the Provider.
“Conditions” shall mean these General Terms and Conditions – TalkToPoppy!
“User” or “you” shall mean the person who installs and uses the Application.
“Party”, “Parties” shall mean the User and the Provider, individually or collectively as the context requires.
“Provider” shall mean the entity operating the Application and providing it to the User, i.e. PromethistAI a.s., company incorporated and existing under the Czech law, with its registered office at Salvátorská 931/8, Staré Město, 110 00 Praha 1, Identification Number 08671281, entered into Commercial Register maintained by the Prague City Court, Section B., Insert No. 24826.
“Website” shall mean the website www.talktopoppy.com where the features of the Application are described and other related information is provided to the User.
2. NATURE OF THE APPLICATION
2.1 The Application is artificial intelligence (AI) driven virtual persona performing the function of mental wellness assistant. It can talk with you about your emotions, feelings and situations, adapt her reactions according to your needs, give you tips to improve mental well-being, guide you through the basics of the cognitive-behavioral therapy (CBT), keep a mental journal for you and chat about a variety of interesting topics. The Application listens as you speak, interacts with the User, asks questions and adjusts her responses according to what you say. She then offers appropriate tips or exercises for improving your mental health and wellbeing.
2.2 The Application is a virtual assistant and not a live therapist. The Application does not provide any psychological, psychiatric or any other medical or professional advisory services, does not provide diagnosis, prognosis or cure of any mental health disorders. It is not a substitute for professional psychotherapy. If in any doubt about your mental health, always consult a licensed medical professional. Any use of the Application is at your own risk.
If you have suicidal tendencies or believe that you could pose a threat to yourself or others do not use the Application and instead call
2.3 the emergency line at your place of residence. If you became or feel you are about to become a victim of abuse or domestic violence, do not use the Application and contact the Police or other law enforcement authorities.
2.4 The Application is not suitable for use by persons under 18 years of age.
3. ACCESS AND USE OF THE APPLICATION
3.1 In order to commence use of the Application, the User shall download the Application and click “I accept” button upon installation of the Application and appearing of a window showing these Conditions. By clicking on such acceptance button, these Conditions become effective between the Provider and the User.
3.2 The features of the Application are shown and explained on the Website and/or within the build-in help feature of the Application. The Provider may change the features, contents or specification of the Application at any time without prior notice or any compensation to the User.
3.3 The User hereby acknowledges and accepts that the Provider shall have the right to make adequate changes to these Conditions. Each such change shall be notified by the Provider to the User at least 30 days prior to such change entering into effect within the Application or on the Website. If the User does not agree with the change, the User shall cease using and uninstall the Application. Should the User use the Application after the change entered into effect, the User shall be deemed to have accepted the change.
3.4 The User shall protect its user name and password or other access information to the Application and not to disclose such access information to any third party. The Provider accepts no responsibility for misuse of such user access information.
3.5 The User shall use the Application in strict compliance with its specification and refrain from any conduct that could compromise the security, functionality or availability of the Application.
3.6 The Application is a virtual mental wellness assistant and due to such nature it is provided strictly on “as is” basis. There is no warranty that the Application will be free of errors, fit for any particular purpose, provide any result expected by the User or remain available at any time and place to the User.
4. INTELLECTUAL PROPERTY AND LICENSE
4.1 The User hereby acknowledges and agrees that all components of the Application are the intellectual property of the Provider, unless expressly stated that they are the intellectual property of third parties. The User shall refrain from any conduct that would infringe Provider’s or respective third parties’ rights to such intellectual property.
4.2 The Provider hereby grants the User a non-exclusive license to use the Application for solely for the purpose for which it is provided, i.e. as virtual mental health assistant for private purposes of the User, however not for re-sale, rental, lending, communication to the public or any other commercialization of the Application. Such license lasts as long as the Application is available to the User or until the User uninstalls the Application.
4.3 In case that certain components of the Application are owned by third parties (e.g. third party open source components), the Provider shall disclose it to the User together with links to the license terms applicable to such components and the User shall familiarize with and at all times adhere to such license terms.
4.4 Data created and provided to the Provider as a result of use of the Application by the User remain in the ownership of the User. The Provider shall be entitled to anonymize such data so that they lose the nature of personal data and that they are in no way attributable to the User. Such anonymized data shall be owned by the Provider who is, in particular, entitled to use such data without any limitation, including connection of such data with any other data or providing such data to any third party. Should such data be protected by any intellectual property right, the User hereby grants to the Provider an exclusive, free of charge license to use such data which is unlimited as to territory, time, volume, purpose and method of use, with the right to assign the license and grant sub-licenses. The license also includes the right of the Provider to amend or modify the data in any way, adapt them (including translation), connect them with other data or include them in a collection of works or audiovisual work. The license shall not terminate upon termination of the Agreement.
5. LIMITATION OF LIABILITY
5.1 As the Application is a virtual mental health assistant and not licensed medical service the Application is provided on “as is” basis and at User’s own risk, the Provider’s liability for damage or any other harm caused to the User by the Provider in relation to or as a result of User’s use of the Application shall be excluded. If Provider’s liability cannot be excluded pursuant to any applicable law, it shall be limited to EUR 100 per User. In any case the Provider shall not be liable for lost profits. The above exclusion and limitation of liability shall not apply in cases where such limitation or exclusion of liability is prohibited by provision of applicable law which cannot be departed from by the agreement of the parties.
6. PERSONAL DATA
7. CONSUMER PROTECTION
7.1 This Clause 7 shall apply only in the event that the User is an individual acting outside of his/her trade or independent exercise of a profession and therefore shall be regarded as consumer under the applicable laws.
7.2 The Provider hereby furnishes the User with the following information in accordance with the applicable consumer protection laws:
7.2.1 Identity of the Provider and the contact details are set out in Article 1 and at the Provider’s website at: www.talktopoppy.com.
7.2.2 The features of Application and its characteristics are set out at the Provider’s website at: www.talktopoppy.com or in embedded help function in the Application. There the User may also find information as to hardware and software requirements on the side of the User.
7.2.3 The Application is provided free of charge.
7.2.4 When accessing the Application, the User bears the costs of his/her internet connection in accordance with the price list of the respective internet service provider, the Provider charges no connection fees.
7.2.5 Given the nature of the Application it is provided on “as is” basis and any warranties for performance, fitness for purpose, availability or error-free state of the Application are expressly excluded.
7.2.6 Information on termination is set out in Article 8.
7.2.7 Consumer complaints may be lodged with Czech Trade Inspection.
7.2.8 These Conditions are concluded in Czech or English only.
7.2.9 These Conditions are stored by Provider and can be accessed by the User from within the Application or on the Website.
7.2.10 Technical steps to access the Application are set out in Article 3 and within the build-in help section of the Application and on the Website.
7.3 The User has the right to alternative dispute resolution (ADR) of a consumer dispute arising from these Conditions. The Czech Trade Inspection is the authority generally entitled to carry out the ADR procedure related to these Conditions. The consumer may find more information as to the ADR procedure at the website https://adr.coi.cz. Other ADR providers may be nominated by the Ministry of Industry and Trade; list of such providers may be found at the Ministry’s website https://www.mpo.cz/cz/ochrana-spotrebitele/ . Alternatively, the consumer may use ADR portal operated by the European Commission at: https://ec.europa.eu/consumers/odr/.
8. TERM AND TERMINATION
The User may use the Application for indefinite period of time as long as it is available from the Provider. The Provider shall have the right to discontinue the Application at any time without prior notice or any compensation provided to the User. The Provider may ban any User from further use of the Application without prior notice or any compensation provided to the User, if the Application is used by such User contrary to these Conditions or any applicable laws. The User may uninstall the Application at any time without charge.
9. FINAL PROVISIONS
9.1 These Conditions shall be governed by the laws of the Czech Republic. With respect to consumers having their habitual residence within the EU such a choice of law shall not, however, have the result of depriving such consumers of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law of the country in which they have their habitual residence, provided that the Provider (a) pursues its commercial or professional activities in the country where the consumer has his habitual residence, or (b) by any means, directs such activities to that country or to several countries including that country and these Conditions fall within the scope of such activities.
9.2 Any dispute arising from or in connection with these Conditions shall be decided by the courts of the Czech Republic. Local jurisdiction of such courts shall be determined on the basis of the registered office of the Provider at the time of filing of the respective court action; this shall not apply in case where the other party to the dispute is a consumer. Notwithstanding the above, a consumer domiciled in the EU may bring proceedings against the Provider either in the courts of the Member State in which the Provider is domiciled or in the courts of the place where the consumer is domiciled and proceedings may be brought against the consumer by the Provider only in the courts of the Member State in which the consumer is domiciled.
9.3 No provision of these Conditions establishes rights or obligations of any third party and shall not serve interest of any third party.
9.4 No Party shall be entitled to assign any its rights or obligations under these Conditions to any third party with the exception of such an assignment by the Provider to a person which the Provider controls, is controlled by or under common control with or an assignment of Provider’s monetary receivables against the User by the Provider to any third party; the User grants its consent to such assignments.
9.5 Reference to an “Article” shall mean Article of these Conditions unless expressly stipulated otherwise.