Terms of Use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Nubessom Consulting s.r.o. ('Company', 'we', 'us' or 'our'), concerning your access to and use of the https://www.nubessom.com website, as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected to it (collectively, the 'Site'). By accessing the Site you confirm that you have read, understood and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Site and must discontinue use immediately.

Supplemental terms and conditions or documents posted on the Site from time to time are expressly incorporated here by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by updating the 'Last updated' date. It is your responsibility to review these Terms of Use periodically. Your continued use of the Site after a revised version is posted means you accept the changes.

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement in that jurisdiction. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site.

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the 'Content'), and the trade marks, service marks and logos contained therein (the 'Marks'), are owned or controlled by us or licensed to us, and are protected by copyright and trade mark laws, international copyright laws and international conventions.

The Content and the Marks are provided on the Site 'as is' for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.

Provided you are eligible to use the Site, you are granted a limited licence to access and use it, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

By using the Site, you represent and warrant that:

• you have the legal capacity and agree to comply with these Terms of Use;
• you are not a minor in the jurisdiction in which you reside;
• you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
• you will not use the Site for any illegal or unauthorised purpose;
• your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Site (or any portion of it).

You may not access or use the Site for any purpose other than that for which we make it available. As a user of the Site, you agree not to:

• systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;
• trick, defraud or mislead us or other users, especially in any attempt to learn sensitive account information;
• circumvent, disable or otherwise interfere with security-related features of the Site;
• disparage, tarnish or otherwise harm, in our opinion, us or the Site;
• use any information obtained from the Site in order to harass, abuse or harm another person;
• make improper use of our support services, or submit false reports of abuse or misconduct;
• use the Site in a manner inconsistent with any applicable laws or regulations;
• use the Site to advertise or offer to sell goods and services;
• engage in unauthorised framing of, or linking to, the Site;
• upload or transmit viruses, Trojan horses or other material that interferes with any party's use of the Site, or that modifies, impairs or disrupts its operation;
• engage in any automated use of the system, such as scripts, data mining, robots or similar data gathering and extraction tools;
• delete the copyright or other proprietary rights notice from any Content;
• attempt to impersonate another user or person;
• upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including clear GIFs, 1x1 pixels, web bugs or similar devices;
• interfere with, disrupt or create an undue burden on the Site or the networks or services connected to it;
• harass, annoy, intimidate or threaten any of our employees or agents;
• attempt to bypass any measures of the Site designed to prevent or restrict access;
• copy or adapt the Site's software, including HTML, JavaScript or other code;
• decipher, decompile, disassemble or reverse engineer any of the software comprising or making up part of the Site;
• use, launch, develop or distribute any automated system, including any spider, robot, scraper or offline reader, except as the result of standard search engine or browser usage;
• collect usernames or email addresses by electronic or other means for the purpose of sending unsolicited email;
• use the Site as part of any effort to compete with us, or otherwise use the Site or Content for any revenue-generating endeavour or commercial enterprise.

The Site does not offer users a facility to publish content. Where you send us questions, comments, suggestions, ideas, feedback or other information regarding the Site ('Submissions'), you agree that we may use them freely for any lawful purpose, including to improve our services and materials, without acknowledgement or compensation to you. Submissions are treated as non-confidential unless we have a separate written confidentiality agreement with you — so please do not send us commercially sensitive information through the Site before such an agreement is in place.

You warrant that any Submissions are original to you, or that you have the right to submit them, and that they do not infringe the rights of any third party. Any personal data you provide within a Submission is handled in accordance with our Privacy Policy.

The Site may contain (or you may be sent via the Site) links to other websites ('Third-Party Websites'), as well as articles, photographs, text, graphics, information, applications, software and other content belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for them, including their content, accuracy, opinions, reliability, privacy practices or other policies.

Inclusion of, or linking to, any Third-Party Website or Content does not imply approval or endorsement by us. If you decide to leave the Site and access a Third-Party Website, you do so at your own risk, and these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.

We reserve the right, but not the obligation, to:

• monitor the Site for violations of these Terms of Use;
• take appropriate legal action against anyone who, at our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities;
• refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion of them;
• remove from the Site, or otherwise disable, all files and content that are excessive in size or in any way burdensome to our systems;
• otherwise manage the Site in a manner designed to protect our rights and property and to facilitate its proper functioning.

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. We are established in the European Union and any personal data you provide is processed under the EU General Data Protection Regulation. Our hosting and content delivery providers may process technical data outside the European Economic Area; where they do, we rely on an adequacy decision or on the European Commission's Standard Contractual Clauses. If you access the Site from a region with different data protection laws, then through your continued use of the Site you agree to this processing.

These Terms of Use remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason, including for breach of any representation, warranty or covenant contained in these Terms of Use or of any applicable law or regulation.

In addition to denying or suspending access, we reserve the right to take appropriate legal action, including pursuing civil, criminal and injunctive redress.

We reserve the right to change, modify or remove the contents of the Site at any time or for any reason at our sole discretion, without notice. However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software or other problems, or need to perform maintenance, resulting in interruptions, delays or errors. You agree that we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance.

These terms are governed by and interpreted in accordance with the laws of Czechia, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you additionally benefit from the protection afforded to you by mandatory provisions of the law of your country of residence.

Nubessom Consulting s.r.o. and you both agree to submit to the non-exclusive jurisdiction of the courts of Prague, Czech Republic, which means that you may make a claim to defend your consumer protection rights in relation to these Terms of Use in Czechia, or in the EU country in which you reside.

The European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention first, please contact us at info@nubessom.com.

There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update the information on the Site, at any time and without prior notice.

The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of it, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site, and we assume no liability or responsibility for any errors, mistakes or inaccuracies of content; personal injury or property damage resulting from your access to and use of the Site; any unauthorised access to or use of our servers and any personal information stored on them; any interruption or cessation of transmission to or from the Site; any bugs, viruses or similar which may be transmitted to or through the Site by any third party; or any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content made available via the Site.

In no event will we or our directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained here, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. Certain national and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers or limitations may not apply and you may have additional rights.

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable legal fees and expenses, made by any third party arising out of your use of the Site; your breach of these Terms of Use; any breach of your representations and warranties set out in these Terms of Use; or your violation of the rights of a third party, including intellectual property rights. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us.

Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders and other records, and to the electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site.

These Terms of Use, and any policies or operating rules posted by us on the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use does not operate as a waiver of that right or provision. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site.

To resolve a complaint regarding the Site, or to receive further information regarding its use, please contact Nubessom Consulting s.r.o., Vinohradská 1786/122, Vinohrady, 130 00 Praha 3, Czech Republic — info@nubessom.com, +34 634 332 482.