General Terms and Conditions for Use of the Application

Waipal · FLEXI CREDIT s.r.o.

Effective from 25 June 2026

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.

1. 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, entitled under Act No. 121/2000 Coll., the Copyright Act, to exercise proprietary rights to this website.
  • "Application" means the online application called Waipal, accessible at waipal.com, whose functionality includes generating certificates confirming the existence and ownership of files and the secure encrypted storage of files.
  • "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.
  • "License" means a non-exclusive license to use the Application under these GTC.
  • "User" means any natural or legal person other than the Operator who uses the Application and is fully legally competent. Each account is assigned to one User via a single email address.
  • "User Account" means the non-public section of the Application accessible after entering the Login Credentials.
  • "Login Credentials" mean the unique combination of login name and password selected by the User or generated by the Application.
  • "Certificate" means the digital confirmation that a specific file existed in a specific form at a specific time, created by writing the file's digital fingerprint (hash) to the blockchain.
  • "Encryption Service" means the service of secure storage of files uploaded by the User in encrypted form.
  • "User Content" means any files and data the User uploads to the Application.
  • "Blockchain" means the public decentralized network to which the digital fingerprint (hash) of a file is written with a timestamp.

2. 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 these GTC.
  2. The display of the "Create Account" button constitutes an offer by the Operator to enter into the Agreement.
  3. By clicking the "Create Account" button, the User unconditionally accepts the Operator's offer and the Agreement is thereby entered into.
  4. By checking the box "I agree to the terms and conditions" and clicking the button referred to in Article 2.2, the User expresses agreement with these GTC.
  5. Upon the Agreement's conclusion, the following provisions of these GTC become effective.

3. 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 fee specified in the user interface. If no fee is specified for a particular method of use, the License shall be considered free of charge.
  3. If the License is granted for a fee, the Operator is entitled to perform the Agreement only upon receipt of payment. If the User fails to pay within the deadline, 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 disable the User's access to their User Account.
  5. All transactions carried out via the Application or its payment gateway shall be deemed paid once the amount has been credited to the Operator's bank account.
  6. The User is entitled to use the Application under 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.
  8. The User is solely responsible for User Content and warrants that they are entitled to handle it and that uploading or storing it does not infringe the rights of any third party. The User must not upload content that is unlawful, infringes intellectual property rights, contains malicious code, or whose storage would breach applicable law.
  9. The User retains all rights to User Content. The User grants the Operator only a limited license to handle User Content to the extent necessary to provide the service (in particular to store it, encrypt it and create its digital fingerprint). The Operator acquires no ownership or copyright to User Content.
  10. The Operator is entitled to refuse to provide the service or to remove content that is contrary to law or these GTC.

4. Encryption Service and Stored Files

  1. The Encryption Service enables the User to upload and securely store files in encrypted form. Access to the content of the stored files is available only to the User and to persons to whom the User grants access.
  2. The User controls the encryption key. The User acknowledges that if the key or Login Credentials are lost, restoring access to the encrypted content may be impossible, and the Operator shall not be liable for such loss.
  3. The Operator has no access to the content of the User's encrypted files.
  4. Before cancelling the User Account, the User is advised to download stored files and Certificates. The Operator is entitled to delete stored files after termination of the contractual relationship within the period stated in the Privacy Policy.
  5. Where the User uploads files containing personal data of third parties, the User acts as the controller and the Operator as the processor of such personal data; the parties may, at the User's request, conclude a separate data processing agreement under Article 28 GDPR.

5. Certificate, Blockchain and Its Evidentiary Nature

  1. When creating a Certificate, the Application generates the digital fingerprint (hash) of the file and writes it to the public Blockchain with a timestamp. Only the hash is written to the Blockchain, never the content of the file.
  2. The Certificate serves solely as supporting evidence of the existence, form and time of a file. It does not create, replace or guarantee copyright, trademark, patent or any other form of legal protection and does not in itself establish any legal claim.
  3. The Operator does not warrant that the Certificate will be recognized in any particular proceedings or that it will lead to any particular outcome; the evidentiary weight of the Certificate is assessed solely by the competent authority.
  4. Any modification of a file changes its digital fingerprint; the original Certificate relates exclusively to the original version of the file.
  5. Permanence of the blockchain record. The record on the Blockchain is permanent and cannot be subsequently altered or deleted. By creating a Certificate the User acknowledges that the relevant hash will remain in the network even after cancellation of the User Account or discontinuation of the Application, and that this permanence is the very basis of the Certificate's verifiability.

6. Database

  1. The User is not entitled to extract data from the Application's database using automated tools (e.g. software robots).
  2. Data entered by the User into the database shall become part of the Operator's collected database, with no rights to the database arising for the User; this is without prejudice to the User's rights to User Content under Article 3.9.
  3. The Operator declares that the Application meets the requirements of § 562(2) of the Civil Code, meaning that data records are reliable, systematically maintained and protected against modification.

7. 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 under the Agreement or these GTC.
  3. The Operator shall not be liable for unauthorized use of the Website or User Account, nor for unauthorized third-party interference, loss, damage or misuse of User Content, unless caused by the Operator's breach of these GTC, in particular where caused by force majeure, unauthorized third-party action, or data transfer or connectivity failure.
  4. The Operator shall not be liable for loss of access to encrypted content caused by the User's loss of the encryption key or Login Credentials, for the availability or changes of the public Blockchain network, or for the Certificate not being recognized in any proceedings.
  5. Where the Operator is not liable, it is not obliged to compensate any damage; this is without prejudice to provisions of Act No. 89/2012 Coll., the Civil Code, regulating cases where liability cannot be excluded or limited.

8. Amendments to the GTC

  1. The User acknowledges that the Agreement is intended for long-term, repeated performance of the same kind with reference to these GTC, and that there is a legitimate need for future amendments.
  2. The Operator may reasonably amend these GTC; amendments shall be communicated to the User by email to the address entered in the Application. The User has the right to reject amendments and terminate the relationship, with a notice period of one (1) calendar month commencing on the day following dispatch of the notification.
  3. If a new Agreement is concluded for an existing User Account, it shall be governed by the version of the GTC valid at the time of its conclusion.

9. Complaints

  1. If the Application becomes unusable for the purpose for which the User paid the fee due to inaccessibility, errors, or another breach by the Operator, the User may submit a complaint without undue delay, no later than within fourteen (14) days of the date the defect was or could have been discovered, via the website or by email to info@waipal.com.
  2. The Operator undertakes to resolve the complaint within thirty (30) days of receipt and, if justified, to rectify the defect without undue delay. If the complaint is filed after the deadline, the right to have it resolved shall lapse.
  3. If justified, the User is entitled to a refund of the paid fee or a proportionate part. The dispositive provisions of the Civil Code on liability for defects do not apply between the Operator and non-consumer Users. For consumers, the mandatory provisions of the Civil Code prevail over these GTC.
  4. The Operator's internal records shall serve as the basis for resolving the complaint, unless the User provides other reliable evidence.

10. Personal Data Protection

  1. The Operator employs effective security technologies to protect personal data from unauthorized disclosure or misuse.
  2. For detailed information, including processing related to uploaded files, the blockchain, and newsletters, please refer to our Privacy Policy at https://waipal.com/gdpr.
  3. Where the User uploads files containing personal data of third parties, a separate data processing agreement may be concluded (see Article 4.5).

11. Duration of the Contractual Relationship

  1. The contractual relationship is concluded for an indefinite period.
  2. The Operator may terminate the relationship with immediate effect upon delivery of a notice where: (a) registration was submitted by a person not meeting the conditions for registration; (b) the User provided false, incorrect or misleading information; or (c) the User breached any other obligation under these GTC or applicable law.
  3. The Operator may restrict or suspend access (block the account) in case of a breach (or reasonable suspicion) of these GTC or law, or to implement measures of public authorities, for the period strictly necessary. The block and its reason will be communicated by email.

12. Mandatory Information for Consumers

  1. This article applies only to Users who qualify as consumers and not to business entities.
  2. The Operator informs the consumer that: the mailing address is its registered office stated above; the contact email is info@waipal.com; the License fee includes all applicable taxes and charges as defined in the Application; the consumer pays by one of the payment methods specified in the user interface; the consumer incurs no costs for remote communication with the Operator; records of the Agreement are stored in the Application and accessible through the User Account; data entry errors can be detected and corrected via the User Account or technical support; the Operator complies with all applicable Czech laws and no other codes of conduct are binding.
  3. The consumer has the right to out-of-court resolution of disputes under Act No. 634/1992 Coll. The authorized body is the Czech Trade Inspection Authority (www.coi.cz). The consumer may also use the ODR platform at https://ec.europa.eu/consumers/odr. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2 (www.evropskyspotrebitel.cz), is the contact point under Regulation (EU) No. 524/2013.
  4. Withdrawal from the contract. The subject matter of the Agreement is the supply of digital content/services, not the delivery of goods. The consumer expressly requests that performance begin before the expiry of the 14-day withdrawal period and acknowledges that, once the service has been fully performed (in particular once a Certificate has been issued) with that prior express consent, the right to withdraw ceases pursuant to § 1837 of the Civil Code. The Operator will provide the consumer with confirmation of this consent on a durable medium.

13. Governing Law

  1. These GTC and the Agreement are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code.
  2. The competent courts of the Czech Republic shall resolve any disputes arising from the Agreement and/or these GTC.

14. Final Provisions and Effectiveness

  1. These GTC enter into force and effect on 25 June 2026 and replace the previous version effective from 1 November 2024.
  2. Should any provision be found invalid or unenforceable, the remaining provisions remain unaffected; the Operator shall replace any such provision with a valid one closest to its original intent.