EULA

1. 1.GENERAL PROVISIONS
1. 1.1This End User License Agreement (the “EULA”) applies to the use of CO2IN Web and Mobile Application, which aims to help the global environment and to enable to dispose of the virtual tokens according to the Framework Agreement and the GTC (the “Mobile Application”). By downloading, browsing, accessing or using the Mobile Application and CO2IN Services, you confirm that you have read this EULA and that you agree to be bound by this EULA. This EULA outlines your rights and obligations when using our Mobile Application and the CO2IN Services together with Framework Agreement and GTC.
2. 1.2We reserve the right to amend this EULA at any time. You will be informed about every amendment of this EULA. If you disagree with any provision of this EULA, you must immediately discontinue your access to and use of the Mobile Application or any CO2IN Services. Continued use of the Mobile Application constitutes acceptance of this EULA, as may be amended from time to time.
2. 2.DEFINITIONS
1. 2.1In this EULA, the capitalized terms shall have the same meanings as the same terms defined in the GTC. The capitalized terms not defined in the GTC have following meanings, except where the context otherwise requires:
   

   Terms such as “The CO2IN” or the “Company” and “we”, “us” and “our” refer to The CO2IN, a.s., company ID no. 09450050, which is governed by the legislation of the Czech Republic and seated at Pobřežní 620/3, Prague, 186 00, Czech Republic.

   “Registration” means the process or act of creating an Account.

   “Users” means users of the Mobile Application including you and “User” means any one of them.

3. 3.THE MOBILE APPLICATION AND THE CO2IN SERVICES
1. 3.1The Mobile Application is a platform through which, among other things, (i) the Transfer of the Token takes place (ii) the Liquidation of the Allowance in exchange for Tokens, (iii) the Company may provide all electronic communication (distance communication) with Clients. In connection with these activities, as well as with other processes not listed here related to the Mobile Application and the CO2IN Services provided, the Company processes personal data.
2. 3.2The Mobile Application can only be installed on devices equipped with the iOS and Android operating systems.
3. 3.3You are aware of the fact that the ability to use the Mobile Application and the CO2IN Services is dependent on the following conditions for which we are not responsible: (i) the availability of the User’s internet connection (including a backup internet connection) with sufficient capacity to provide the CO2IN Services; (ii) the proper functioning of the equipment used by the User when using the Mobile Application and the CO2IN Services (software, hardware, etc.); and (iii) the proper functioning of Internet connection between the User and the data center from which the CO2IN Services are provided. For the avoidance of doubt, the provision of the CO2IN Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the CO2IN Services. To use the Mobile Application or the CO2IN Services, you will need Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile operator (the “Mobile Operator”) will apply when using the Mobile Application. As a result, you may be charged by the Mobile Operator for access to network connection services for the duration of the connection while accessing the Mobile Application or any such thirdparty charges as may arise. You accept responsibility for any such charges that arise.
4. 3.4We reserve the right to change, modify, substitute, suspend or remove without notice any information or CO2IN Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the CO2IN Services may also be restricted to allow for updates, repairs, maintenance or the introduction of new features or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or CO2IN Services from the Mobile Application at any time.
4. 4.OBLIGATIONS OF THE USERS
1. 4.1As a User you are obliged to:
   1. a)Use the Mobile Application and the Account only in accordance with the purpose designated by us, specified in particular in the Framework Agreement and the GTC;
   2. b)Use the Mobile Application and the Account, including all CO2IN Services, in accordance with this EULA and applicable legislation;
   3. c)Secure the Account with a username, password and PIN code and implement and maintain standard security processes (including adequate technical, administrative and physical safeguards) to protect all Account access data and prevent unauthorized use or unauthorized access to the Account;
   4. d)Maintain the confidentiality of the information necessary to access its Account and must not allow the use of the Account by third parties;
   5. e)Inform us of any unauthorized use or unauthorized access to the Account and ensure timely revocation / replacement of potentially or actually compromised access data.
2. 4.2Without our express prior written consent, the Users shall not, nor allow any third party:
   1. a)Decompile, disassemble or reverse engineer the Mobile Application, including any CO2IN Services provided;
   2. b)Remove, modify or obscure any copyright or proprietary notices contained in the Mobile Application or the CO2IN Services;
   3. c)Use the Mobile Application, including any CO2IN Services provided, to create a similar or competitive product or service;
   4. d)Gain unauthorized access to the Mobile Application (e.g. through another system or tool);
   5. e)Use the Mobile Application, including any CO2IN Services provided, in a manner that violates applicable legislation or violates any third party privacy or intellectual property rights;
   6. f)Publish, post, upload or otherwise transmit through the Mobile Application or the CO2IN Services any data that contains viruses, Trojans, worms, time bombs, corrupted files or other computer programs or procedures that are capable of being harmed, harmed, invisibly captured or appropriate any systems, data, personal information or property of someone else;
   7. g)Transmit spam, chain messages or other unsolicited communications through the Mobile Application or the CO2IN Services;
   8. h)Violate the integrity or security of the Mobile Application, including any CO2IN Services provided; or
   9. i)Take any action that may impose a disproportionate burden on our infrastructure.
3. 4.3You warrant that all information provided during the Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account. We are not obliged to verify the correctness, accuracy, timeliness and truthfulness of any information provided by you.
4. 4.4If you are not the bill payer for the mobile telephone or other handheld device being used to access the Mobile Application, you are obliged to obtain permission from the bill payer in order to use the Mobile application first, therefore while using the Mobile Application you will be assumed to have received permission from the bill payer for using the Mobile Application.
5. 4.5By submitting any text, images or other data (the “Material”) via the Mobile Application, you represent that you are the owner of the Material or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services. We reserve the right to block access to and/or to edit or remove any Material which in our reasonable opinion may give rise to a breach of this EULA or applicable legislation.
5. 5.PERSONAL DATA PROTECTION
1. 5.1The User acknowledges that the processing of personal data by us is governed by Privacy Policy which is considered an integral part of both this EULA and GTC.
6. 6.UNDERAGE USERS
1. 6.1Our Mobile Application and CO2IN Services are not intended for and we do not direct them to anyone under the age of 15.
2. 6.2In the event that the information you provide in this regard is not truthful, we shall not be liable as the age is verified based on the information and documents provided by the User.
3. 6.3If you are under the age of 15, you are not allowed to use the Mobile Application or the CO2IN Services.
7. 7.INTELLECTUAL PROPERTY
1. 7.1The User acknowledges and agrees that we remain the exclusive holder of all rights relating to the Mobile Application and the CO2IN Services and that the Mobile Application and the CO2IN Services are protected by copyright legislation and other related regulations. The User is granted only the right to use the Mobile Application and the CO2IN Services to the extent necessary for the use of the Mobile Application and the CO2IN Services in accordance with their purpose and purpose stipulated by this EULA.
2. 7.2Nothing in this EULA or any other document shall be construed as granting, assigning or transferring any intellectual property rights to the Mobile Application or the CO2IN Services and any parts thereof, knowhow, trade secrets, documents, technologies, patents or expertise owned by us or used in operation of the Mobile Application and provision of CO2IN Services by us to the User.
3. 7.3The User shall not sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge the Mobile Application.
4. 7.4User shall not without a prior written approval given by us rename the Mobile Application, or remove its identifications, copyrights, logotypes, logomarks, trademarks or other intellectual property notices, information or acknowledgements. Any our logomarks and trademarks are and shall remain our sole property. The User shall always comply with our guidelines, instructions and requirements.
5. 7.5When using the Mobile Application and the CO2IN Services, the User is always obliged to proceed in such a way that it does not violate any our rights and acts in accordance with the applicable legislation, especially with legal norms relating to copyright. We may restrict the use of the Mobile Application or the CO2IN Services if the User breaches this EULA, GTC or any applicable legislation.
8. 8.LIMITATION OF LIABILITY
1. 8.1The Mobile Application and the CO2IN Services are provided to the Users AS-IS. The User expressly agrees that use of the Mobile Application and the CO2IN Services is at the User’s sole risk. Neither we, nor our employees, affiliates, agents, distributors, resellers, or the like, warrant that the Mobile Application and the CO2IN Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the CO2IN Services or as to the accuracy, reliability or content of any information or service contained in or provided through the Mobile Application and the CO2IN Services.
2. 8.2The User further acknowledges and agrees: (a) that it is solely responsible for proper use of the Mobile Application, and (b) that it shall have no remedy for any failure of the Mobile Application.
3. 8.3Under no circumstances, including negligence, shall we, our officers, agents or anyone else involved in creating, producing, or distributing the Mobile Application and the CO2IN Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Mobile Application and the CO2IN Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to force majeure, communication failure, theft, destruction or unauthorized access to our records, programs or services.
4. 8.4Except as expressly set forth in this EULA and the Framework Agreement, we make no warranties, express, implied or statutory, relating to anything within the scope of the contract between you and us. All implied warranties of merchantability, fitness for a particular purpose, noninfringement, compatibility, title, usage of trade and course of dealing are expressly disclaimed and excluded. This disclaimer applies to, but is not limited to, all software, goods, improvements, equipment, and services provided by us to the User.
9. 9.FINAL PROVISIONS
1. 9.1Shall any dispute arise in connection with EULA and/or CO2IN Services, it shall be settled pursuant to the Framework Agreement.

This EULA enters into force and becomes effective as of February 22, 2022.