TERMS OF USE 
governing use of website www.thybit.com
(hereinafter as “Terms of Use”)

1    GENERAL PROVISIONS

1.1    These Terms of Use govern rights and obligations related to the use of the website www.thybit.com (hereinafter as “Website”) operated by company Thybit s.r.o., company ID: 08083274 residing at Thybit s.r.o. Sokolská třída 1263/24, 702 00 Ostrava, Czech Republic, registered in the Commercial Registry maintained by the Regional Court in Ostrava, Section C, File 78278 (hereinafter as “Thybit”).
1.2    These Terms of Use apply to anyone who uses the Website. By using the Website, the person using it confirms they agree with these Terms of Use and undertake to abide by them.

2    USE OF THE WEBPAGE

2.1    The Website may be used by anyone, under the condition of compliance with these Terms of Use. In case of any violation of these Terms of Use, Thybit is entitled to block further access to the Website.
2.2    The use of the Website is free of charge. 
2.3    Registration is not necessary in order to use the Website.
2.4    The Website may be only used strictly in compliance with applicable laws and other legal regulations, as well as with these Terms of Use. 
2.5    The user may not use the Website for any other purpose or by any other means than those set forth in these Terms of Use. Especially, it is not allowed to:
a)    interfere with rights of third parties or Thybit when using the Website or as a result of use of the Website;
b)    interfere with the Website in an unauthorised way or to attempt to access the Website in any other way than by using the specified access data and through the appropriate interface, in particular, to duplicate, modify, decompile or otherwise interfere with the Website, the associated source code and documentation unless they are expressly authorized in writing to do so,
c)    to use the Website in a manner that may damage it (including interference with the server on which the Website is operated) 
d)    to conceal, obscure or falsify their identity.
2.6    The user is also expressly forbidden to use any content place of the Website or to place, refer or otherwise distribute any content in connection with the use of the Website in a way that especially: 
a)    infringes intellectual property rights (in particular, rights to trademarks, industrial designs, trade names, copyright and related rights, personal rights, etc.) or which may be considered an act of unfair competition,
b)    encourages the commission of a criminal offenses or tort/delict, or approves such conduct, or otherwise supports the perpetrator of such activity,
c)    contains false information about a third party that could harm such person, 
d)    supports or promotes a movement that is demonstrably aimed at repression of human rights and freedoms,
e)    is for any reason unlawful, e.g. it violates the protection of personal data regulations, regulation of electronic communications or dissemination of commercial communication. 
2.7    The content of the Website, all the published information and offers are purely of an informational nature, and do not represent a proposal for conclusion of an agreement between Thybit and the user. Thybit is not obliged to enter into agreement with the user regarding any of the goods and/or services presented on the Website. Provisions of Section 1732 of the Act no. 89/2012 Sb., the Civil Code, as amended, shall not apply.
2.8    The user is entitled to terminate the use of the Website freely, at any time.

3    USER AND OWNERSHIP RIGHTS TO THE WEBSITE 

3.1    The Website is a copyrighted work within the sense of Act No. 121/2000 Coll., on copyright, on rights related to copyright and on amendments to certain acts (copyright act) as amended (hereinafter referred to as the "Copyright Act").
3.2    The user is only entitled to use the Website in the form in which it is available at the particular time and only in order to access to the Website, view its contents and use its functions which are available on the Website at the particular moment. The user is especially not allowed to use the Website or any of its features for the purposes of their own presentation or presentation of any third party. The right to use the Website in the above scope (the license) is granted as non-exclusive and only for the duration of use of the Website, exclusively for the purpose of using the Website in accordance with these Terms of Use, and only in an appropriate manner. The license is granted as worldwide. 
3.3    The user is not entitled to provide any sub-license to any third party nor assign a license to any third party. 
3.4    The user is not allowed to publish the Website, modify or interfere with the Website in any way, to merge it with another work or to include it in collective work. The user is not entitled to create any copies of the Website, unless this may not be excluded by an agreement.
3.5    The license is provided free of charge.
3.6    Thybit and the user jointly exclude all legal licenses, or any free use permitted by the law in favour of the user, unless those may not be lawfully excluded.

4    GUARANTEES AND LIABILITY

4.1    Thybit does not guarantee that the content of the Website is correct and up to date.
4.2    Thybit undertakes to make reasonable effort to make the Website available and functional. However, the user acknowledges that despite the effort of Thybit, Thybit does not guarantee the availability and/or functionality of the Website. The Website might not be always available, especially for reasons of necessary maintenance of the hardware and software equipment of Thybit or third parties. Thybit is not liable for any damage incurred by the user due to the unavailability or disability of the Website.
4.3    Thybit is entitled to change the appearance and functions of the Website, change or delete its content, add or remove its features and make other changes to the Website freely, at any time and without prior notice. Thybit is not liable for any damage caused by any change of the Website incurred by the user.
4.4    It is sole responsibility of the user to ensure the means for access to the Website. Especially, the user is solely responsible for ensuring of their connection to the Internet and the devices necessary for accessing the Website (e.g. computer or other). The costs of access to the Website (especially internet connection fees) are borne by the user. 
4.5    To the maximum extent permitted by the law, Thybit shall not be liable for any damage nor harm caused to the users in connection with use of the Website. In particular, Thybit is not obliged to provide any kind of compensation or damages caused: 
a)    due to unavailability of the Website or its functions or content; 
b)    by changes of these Terms of Use; 
c)    due to use of the Website in violation of these Terms of Use or the applicable laws;
d)    by use of a service or product provided by a third party; 
e)    independently of the will of Thybit.
4.6    The user acknowledges that Thybit makes reasonable effort to ensure the security of the transmitted information when operating the Website. Thybit shall not be liable for any breach of security of the transmitted information given it occurs independently of the will of Thybit and despite reasonable effort of Thybit to secure the transmitted information. 
4.7    The Website is provided to the user "as is". The user waives all claims for defects resulting from the use of the Website in the extent permitted by the law.
4.8    The user undertakes to indemnify Thybit in its entirety and to eliminate any negative consequences in case the user breaches these Terms of Use.

5    SUPPORT

5.1    The user is entitled to contact Thybit in case of any problems with the Website via the following contact: operations@thybit.com.
 
6    PERSONAL DATA

6.1    In connection with the operation of the Website, Thybit may process some personal data of the users as a data controller. Further information on personal data protection may be found in document “Privacy Policy” which is available on the Website.

7    COMMON AND FINAL PROVISIONS

7.1    Thybit is entitled to make amendments to these Terms of Use at any time. The amended Terms of Use will be published on the Website.
7.2    The unenforceability, invalidity or nullity of any provision of this Terms of Use does not affect the enforceability, validity or existence of the remaining provisions of this Terms of Use.
7.3    These Terms of Use and the rights and obligations arising from these Terms of Use are governed by the laws of the Czech Republic. Any disputes relating to these Terms of Use will be subject to the jurisdiction of the courts of the Czech Republic.
7.4    These Terms of Use are effective as of Nov 1, 2020.