Waipal - blockchain copyrights

General Terms and Conditions for Use of the Application

The mutual rights and obligations of the User and the Operator arising from the use of the Application are governed by these Terms and Conditions:

Definitions In these Terms and Conditions:

"Operator" means FLEXI CREDIT, s.r.o., Company ID No.: 27838358, with its registered office at Zelená 1387/14, 735 35 Horní Suchá, Czech Republic, which is, in accordance with Act No. 121/2000 Coll., on Copyright (zákon č. 121/2000 Sb., autorský zákon), as amended (the “Copyright Act”), entitled to exercise proprietary rights to this website.
"Application" means the online application called Waipal, whose primary functionality includes generating certificates confirming intellectual property rights, accessible at waipal.com.
"GTC" means these General Terms and Conditions.
"Agreement" means the agreement concluded between the User and the Operator, the subject of which is the granting of a License for the use of the Application under the terms specified in these GTC.
"License" means a non-exclusive license to use the Application under the conditions set out in these GTC.
"User" means any natural or legal person other than the Operator who uses the Application and is fully legally competent to do so. Each account is assigned to one User only via a single email address. The User may use only their own account.
"User Account" means the non-public section of the Application that is accessible to the User after entering the Login Credentials, enabling the User to access all or part of the Application’s functionality.
"Login Credentials" mean the unique combination of a login name and password selected by the User and stored in the Application database when creating a User Account, or credentials automatically generated by the Application for the User.

Conclusion of the Agreement for the Use of the Application
1. Before using the Application for the first time, each User is obliged to familiarize themselves with the contents of these GTC, which govern the rights and obligations of both parties.
2. The display of the “Create Account” button in the Application’s user interface constitutes an offer to enter into the Agreement made by the Operator.
3. By clicking the “Create Account” button, the User unconditionally accepts the Operator’s offer to conclude the Agreement, and the Agreement is thereby entered into.
4. By checking the box (checkbox) labeled “I agree to the terms and conditions” and subsequently clicking the button referred to in Article 2.2, the User expresses their agreement with these GTC.
5. Upon the Agreement's conclusion, the following provisions of these GTCs become effective.
Use of the Application
1. The Operator grants the User a License to the extent and under the conditions specified in the Application’s user interface, particularly those associated with the relevant User Account type.
2. In exchange for the License, the User agrees to pay the Operator the fee specified in the Application’s user interface. If no fee is specified for a particular method of use (especially for the given User Account type), the License shall be considered free of charge.
3. If the License is granted for a fee, the Operator is entitled to fulfill the Agreement (e.g., by granting access to a particular part or functionality of the Application) only upon receipt of payment. If the User fails to pay the full amount of the fee within the deadline set by the Operator, the Agreement shall be terminated immediately and automatically from the beginning.
4. Upon the expiration of the License term, the Operator is entitled to restrict or completely disable the User’s access to their User Account.
5. All financial transactions carried out via the Application or its connected payment gateway shall be deemed paid once the corresponding amount has been credited to the Operator’s bank account.
6. The User is entitled to use the Application under the terms of the Agreement, in the current version available at the designated internet address.
7. The User undertakes to use the Application in a manner that does not cause harm to themselves or the Operator.
Database
1. The User is not entitled to extract data from the Application’s database using automated tools (e.g., software robots).
2. The User and the Operator agree that any data entered by the User into the Application’s database shall be deemed part of the Operator’s collected database and shall become part of the Operator’s database, with no rights to the database arising for the User through such action.
3. The Operator declares that the Application meets the requirements of § 562 (2) of the Civil Code, meaning that data records in the Application and its database are reliable, systematically and sequentially maintained, and protected against modification.
Liability for Damages
1. The provisions of this article do not apply to consumers.
2. The User expressly waives the right to claim compensation from the Operator for any damage caused unintentionally or without gross negligence resulting from a breach of any obligation of the Operator arising from the Agreement or these GTC.
3. The Operator shall not be liable for any unauthorized use of the Website or User Account, nor for any unauthorized interference by third parties leading to unauthorized access to the User Account, the User's personal data, the relevant database, or any other data, and any subsequent unauthorized use, misuse, or disclosure, unless such situation results from the Operator’s breach of its obligations under these GTC. Furthermore, the Operator shall not be liable for any loss, damage, or misuse of content uploaded by the User if caused by factors other than a breach of these GTC by the Operator, particularly force majeure, unauthorized actions of a third party, or data transfer or connectivity failure.
4. Where the Operator is not liable, it is not obliged to compensate any damage; this is without prejudice to the relevant provisions of Act No. 89/2012 Coll., the Civil Code (zákon č. 89/2012 Sb., občanský zákoník), as amended (the “Civil Code”), regulating cases where liability cannot be excluded or limited.
Amendments to the GTC
1. The User acknowledges that the Operator concludes the Agreement in the ordinary course of business with multiple parties and that, due to its nature, the Agreement is intended for long-term, repeated performance of the same kind, with reference to these GTC. The Parties agree that, due to the nature of the Operator’s obligations, there is a legitimate need for future amendments to these GTC.
2. The Parties agree that the Operator may reasonably amend these GTC and that such amendments shall be communicated to the User via email sent to the email address entered by the User in the Application. The User has the right to reject such amendments and terminate the contractual relationship on this basis, with a notice period of one (1) calendar month commencing on the day following the dispatch of the notification. The Parties agree that this period is sufficient for the User to secure alternative services.
3. If a new Agreement is concluded for an existing User Account (i.e., renewal or extension of the Account), such Agreement shall be governed by the version of the GTC valid at the time of the new Agreement's conclusion.
Complaints
1. If the Application becomes unusable for the purpose for which the User paid the fee, due to website inaccessibility or errors, or due to any other breach of obligations by the Operator under these GTC, the User shall be entitled to submit a complaint. Such complaints must be filed without undue delay, but no later than within fourteen (14) days from the date on which the defect was or could have been discovered. Complaints can be submitted via the website or by email to: info@waipal.com.
2. The Operator undertakes to resolve the User’s complaint under Article 7.1 within thirty (30) days of its receipt and, if the complaint is justified, to rectify the defect without undue delay. The User shall provide all necessary cooperation. If the complaint is filed after the deadline, the User's right to have the complaint resolved shall lapse.
3. If the complaint is justified, the User is entitled to a refund of the paid fee or a proportionate part thereof. The dispositive provisions of the Civil Code on liability for defects shall not apply in relationships between the Operator and non-consumer Users, as they are fully replaced by these GTC. For Users who are consumers, the mandatory provisions of the Civil Code shall prevail over these GTC.
4. The Operator’s internal records from the Application shall serve as the basis for resolving the complaint, unless the User provides other reliable evidence. In case of objective discrepancies, the Application records shall prevail.
Personal Data Protection
1. The Operator is legally obliged to protect and secure the personal data provided. Therefore, the Operator employs various effective security technologies to protect such personal data from unauthorized disclosure or misuse.
2. For more detailed information on personal data protection, please refer to our Privacy Policy available at: https://waipal.com/ochrana-osobnich-udaju
Duration of the Contractual Relationship
1. The contractual relationship under these GTC is concluded for an indefinite period.
2. We are entitled to terminate the contractual relationship with immediate effect upon delivery of a notice to the User, without any prior warning, in the event that:
  1. the registration was submitted by a person who did not meet the conditions necessary for completing the registration;
  2. the User provided false, incorrect, or misleading information during registration; or
  3. the User has breached any other obligation set out in these GTC or any related obligation under generally binding legal regulations.
3. We reserve the right to restrict or suspend the User's access to the Application (i.e., block the account) in the event of a breach (or a reasonable suspicion of a breach) of these GTC or applicable legal regulations, or if necessary to implement measures or decisions issued by public authorities—always only for the period strictly necessary. Account blocking prevents the User from logging in or re-registering on the website. The blocking and its reason will be communicated via email. The block remains in effect for the period necessary to investigate the situation. Based on the findings of the investigation, we will:
  1. unblock the User's account and restore its functionality; or
  2. we may be required to terminate the contractual relationship under these GTC in accordance with this article.
Mandatory Information for Consumers
1. This article of the GTC applies only to Users who qualify as consumers. The provisions herein do not apply to business entities—such as sole traders or commercial companies.
2. The Operator hereby informs the User that:
  1. the mailing address for delivering documents to the Operator is the same as its registered office address stated above;
  2. the Operator’s contact email address is info@waipal.com;
  3. the License fee includes all applicable taxes and charges, and its amount and/or method of calculation is defined within the Application;
  4. the User is obliged to pay the License fee—unless the License is provided free of charge—by one of the payment methods specified in the Application’s user interface;
  5. the User does not incur any costs related to the use of remote communication with the Operator;
  6. records of the Agreement, including these Terms and Conditions, are stored in the Application’s database, accessible to the User through the User Account;
  7. the User can detect data entry errors by reviewing the User Account;
  8. errors may also be corrected via the Application or, where not possible, through technical support, whose contact details are provided in the Application;
  9. the Operator complies with all applicable laws of the Czech Republic; no other codes of conduct are binding on the Operator;
  10. the User has the right to out-of-court resolution of consumer disputes under Act No. 634/1992 Coll., on Consumer Protection, (zákon č. 634/1992 Sb., o ochraně spotřebitele) as amended. The authorized body for such resolution is the Czech Trade Inspection Authority (www.coi.cz). Out-of-court resolution is initiated solely at the User’s request and only if the dispute has not been resolved directly with the Operator. The request must be submitted within one (1) year from the date the User first exercised their right with the Operator;
  11. the User may also initiate online dispute resolution via the ODR platform available at https://ec.europa.eu/consumers/odr;
  12. out-of-court resolution is neither mediation nor arbitration and does not affect the right of either party to submit the claim to the Czech Trade Inspection Authority or a court. During such proceedings, statutory limitation and prescription periods under the Civil Code do not run until one of the parties explicitly refuses to continue the negotiations;
  13. the European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2 (www.evropskyspotrebitel.cz), is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online consumer dispute resolution;
  14. the subject matter of the Agreement is not the delivery of goods; therefore, the provisions of the Act on Complaints do not apply to the Application. The User may claim apparent or hidden defects existing at the time the Application was made accessible, under the terms set by law, the Agreement, and these GTC;
  15. the User is obliged to comply with these GTC, which form part of the Agreement, as well as the applicable legal regulations of the Czech Republic;
  16. the User expressly agrees to the provision of the Application before the expiration of the statutory 14-day withdrawal period. The User may withdraw from the contractual relationship with the Operator at any time by cancelling their registration.
3. Information on Distance Contracts
  1. Costs of remote communication tools are charged at local rates by the operators with whom the User has a contract for internet access;
  2. The Agreement is concluded for an indefinite period and may be terminated with immediate effect under the conditions set out in these GTC;
  3. The Operator charges fees for the use of certain Application services, as specified in the user interface, and such fees include all taxes, charges, and costs;
  4. The User may pay fees and any related charges via online payment by credit or debit card, entering the card number, expiration date, and security code in a secure payment gateway. The payment is considered completed upon crediting the Operator’s account;
  5. The User shall not incur any additional charges related to termination of the Agreement as described above.
Governing Law
1. These GTC and the Agreement shall be governed by the laws of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code (zákon č. 89/2012 Sb., občanský zákoník), as amended.
2. The competent courts of the Czech Republic shall resolve any disputes arising from the Agreement and/or these GTC.
Final Provisions and Effectiveness
1. These GTC shall enter into force and effect on 1 November 2024.
2. Should any provision of these GTC be found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions. The Operator agrees to replace any such provision with a valid and enforceable provision that most closely reflects the original intent and economic purpose of the original.

General Terms and Conditions for Use of the Application

Contact

FLEXI CREDIT s.r.o.