Bohemica Amphi

General Terms and Conditions and Licence Terms of Poweron s.r.o.

Effective from: 24 September 2026

Article 1

Basic provisions

1.1 These General Terms and Conditions and Licence Terms (the “Terms”) of Poweron s.r.o., with its registered office at Palachova 504/7, Liberec I-Staré Město, 460 01 Liberec, Czech Republic, Company ID (IČO): 06205712, registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, Section C, Insert 39873, e-mail address for service: info@amphi.cc (“Poweron”), govern the relationship between Poweron and a client using the Platform operated by Poweron and further specified in these Terms, arising from a contract concluded between Poweron and the client online, electronically, through the website operated by Poweron at www.amphi.cc (the “Website”) or in another agreed manner, the subject of which is enabling the client to access and use the Platform and to use the Service (the “Client” and the “Contract”; the subject matter of the Contract also the “performance”; Poweron and the Client together also the “Parties” and each individually a “Party”). The purpose of the Terms is to govern the above relationship so as to prevent potential disputes, and to acquaint the Client with the basic principles of Poweron’s performance.

1.2 The Contract may be amended by agreement of the Parties, unless the Contract or the Terms provide otherwise, including by e-mail, through the Website or through the Platform. After the Contract is concluded, Poweron may unilaterally change the terms of use of the Platform, the Service and its properties and functionality, and the Plans and their specification, to the extent corresponding to ongoing technological development and the modernisation or improvement of the Platform and/or the Service and the Plans. Poweron will inform the Client of any such change without undue delay and, if the changes are material, the Client may terminate the Contract with effect from the date the notice of termination is delivered. This is without prejudice to Poweron’s right to unilaterally amend the Terms, including the Price List.

1.3 In accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the Terms form an integral part of the Contract. Provisions deviating from the Terms may be agreed in the Contract. Deviating provisions in the Contract take precedence over the provisions of the Terms. Annexed to the Terms is a data processing agreement, which applies where the Client acts as a controller of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council (on the protection of natural persons with regard to the processing of personal data and on the free movement of such data) (the “Regulation”) and makes such data available to Poweron as processor when using the Platform.

1.4 Poweron grants the Client a licence to the Platform and provides user Support to the extent necessary for using the Platform in accordance with the Contract and the Terms. The general provisions of these Terms apply to performance under the Contract.

1.5 Poweron provides individual customisations, custom development, integrations or other performance beyond the standard Service only under a separate contract. These Terms do not apply to such performance.

1.6 Legal relationships arising from the Contract and the Terms that are not expressly governed by the Parties are governed by the applicable laws of the Czech Republic, in particular the Civil Code. In interpreting the Terms and the Contract, business customs apply only after the provisions of statute or other legislation as a whole (i.e. even non-mandatory statutory provisions take precedence over business customs). The Parties do not wish any rights and obligations to be inferred, beyond the express provisions of the Terms and the Contract, from any existing or future practice established between the Parties or from customs observed generally or in the industry relating to the subject matter of the Contract, unless expressly agreed otherwise in the Terms or the Contract. In addition, the Parties confirm that they are not aware of any business customs or practice established between them to date.

1.7 The Platform is intended exclusively for entrepreneurs (businesses) within the meaning of Section 420 et seq. of the Civil Code, and not for consumers. The Client hereby expressly declares and acknowledges that it uses the Platform and enters into the contract with Poweron exclusively as an entrepreneur in the course of its business activity, and not as a consumer. Neither Party is the weaker party in relation to the other; both Parties understand the content of the Contract and do not consider it disproportionately unbalanced.

Article 2

Definitions

Below are several terms to make the Terms easier to read:

  • “Platform” means the online software platform, specifically the version of the platform that is not open-source software, intended for organising and holding conferences and webinars (each an “Event”, together “Events”) and related performance, operated by Poweron for the purpose of providing the Service.

Use of and access to the Platform may be ordered electronically through the Website or in another agreed manner, and Support is provided together with the Platform unless the Terms provide otherwise. Details of the terms of use of the Platform are also set out on the Website at https://amphi.cc/en/pricing. The Client can review them before concluding the Contract.

  • “Service” means the performance provided by Poweron to the Client on the basis of the Client’s order, consisting in enabling the Client to use, within the Platform, the functionality and related performance corresponding to the plan selected by the Client for the purpose of organising and holding Events (the “Plan”), or in the use of a Subscription or another service related to the Platform. The individual Plans differ mainly in the time limit on use of the Service, the scope of available functionality, the maximum number of participating Users other than the Client, the offer of related services and the price. A current overview of Subscriptions, Plans and any other services related to the Platform, including their description, parameters and price, as well as a description of the characteristics of Events, is available on the Website at https://amphi.cc/en/pricing, where further links lead to supplementary tables and more detailed characteristics of the individual Plans and Events. One Plan can only ever be used in connection with one Event selected by the Client, and the use of a Plan for an Event so selected is irreversible.
  • “Subscription”: where so stated on the Website, several identical Plans may be ordered at a discounted Price, in the number, under the conditions and within the period stated on the Website (the “Subscription”).
  • “Service Agreement” means a Contract under which Poweron undertakes to provide the Client, under the agreed terms, with the Service selected by the Client, for which the Client undertakes to pay Poweron remuneration according to the Price List, unless the Service is free of charge.
  • “Workspace Agreement” means a Contract under which Poweron undertakes to create a Workspace for the Client free of charge and to allow the Client to use it for ordering and using the Service.
  • “Contract” means, in addition to the meaning given in Article 1.1 and depending on the context of the relevant provision of the Terms, (i) the Workspace Agreement, (ii) the Service Agreement, and/or, where applicable, (iii) any other contract that Poweron concludes with the Client on the basis of an order placed outside the Website (e.g. by e-mail), in which case the Contract is concluded when Poweron approves the order (without prejudice to Article 1.5 of the Terms), or (iv) all of the above contracts together.
  • “Electronic Communication” means any transmission of any data of any nature that takes place wholly or partly electronically and that is received and/or sent, including through the Platform.
  • “Licence” means the authorisation to exercise the right to use the Platform in the manner set out in the Terms and the Contract.
  • “User” means a person of the Client or a person other than the Client (typically a speaker presenting at an Event or an Event attendee) who uses the Platform on the basis of the Client’s invitation to use the Platform within the Workspace. The Client must always register. A User other than the Client must register within the Workspace and create a user account in relation to the given Event if they wish to take part in an Event held through the Platform. If a User other than the Client wishes to take part in Events held by different Clients, they must register in the Workspace of each individual Client, and the user accounts of one User other than the Client in the Workspaces of different Clients are not linked. The rule in the preceding sentence also applies where a User other than the Client takes part in different Events of the same Client.
  • “Workspace” means the space assigned to the Client on the Platform for the purpose of using it, identified by a unique identifier (the name of the Workspace/Event), and located in the non-public part of the Platform. The Client’s Workspace includes the user accounts of the Client, i.e. of the organisers, as well as the user accounts of Users other than the Client invited by the given Client to take part in the Event, typically as attendees or speakers. The Client shall ensure that Users other than the Client who have created a user account within the Workspace comply with the Terms and the Contract.
  • “Cancellation of the Workspace” means the irreversible deletion of the Client’s Workspace and of all Client Data stored in the Workspace; Cancellation of the Workspace also terminates the Contract. Cancellation of the part of the Workspace relating to an Event terminates the relevant part of the Workspace Agreement and the Service Agreement, or the part of it, relating to that Event.
  • “Terms” means these General Terms and Conditions and Licence Terms of Poweron.
  • “Price List” means the prices for the Service, including the prices of the Plans, stated on the Website at https://amphi.cc/en/pricing. The Client can review them before concluding the Contract.
  • “Client Data” means all electronic data or information stored through the Platform by a User.
  • “Archive Mode” means the state in which the part of the Workspace relating to a specific Event becomes read-only after a certain period, without the possibility of further administration (in particular inviting speakers, changing the Event settings or sending e-mails); further details on Archive Mode and its duration are set out on the Website. While an Event is in Archive Mode, no further fees are invoiced for the Event.

Capitalised terms used in the Terms without being defined in the Terms have the meaning given to them in the DPA, if defined in the DPA.

Article 3

Copyright and licence

3.1 Poweron exercises the economic rights to the Platform, and the Client may use the Platform only to the extent and in the manner arising from these Terms and/or the Contract.

3.2 Poweron grants the Client a Licence, i.e. the authorisation to exercise the right to use the content of the Platform under the conditions set out in these Terms, for the entire term of the Contract.

3.3 The Platform is accessible to the Client through an application operated by Poweron and via the internet.

3.4 The Licence is granted as non-exclusive, without territorial restriction, for the purpose of its use by the Client in using the Platform and the performance provided through the Platform.

3.5 The Client grants Poweron a non-exclusive, royalty-free Licence to use Client Data to the extent necessary for providing the Service and, further, to the extent that such Client Data constitute a copyright work or other subject matter protected by intellectual property law, including the right to grant sublicences to subcontractors (in particular hosting providers).

Article 4

Registration and creation of a Workspace, ordering the Service

4.1 A condition for granting the Client access to the Platform is the Client’s registration on the Platform through the Website and the creation of a Workspace.

4.2 The Client creates a Workspace free of charge by filling in at least the marked mandatory registration details and login details in the Platform’s registration form and then saving them. At the same time, the Client must consent to these Terms and acknowledge the Privacy Policy. After the details are saved under this paragraph, Poweron sends the Client an e-mail to verify the e-mail address provided and, after verification, a confirmation of completed registration to the e-mail address the Client provided at registration, whereby the Workspace Agreement and a Service Agreement are concluded, the subject of which is the Service in the scope of the free Plan together with the right to order a paid Plan or a Subscription (upgrade) under Article 4.4 of the Terms. The free Plan is the default setting for paid Plans. Where the Platform allows it, the Client may also create a Workspace through portals operated by third parties.

4.3 The Client may allow Users other than the Client to register and use the Platform within the Workspace for the purpose of taking part in an Event or co-organising it.

4.4 After registering and activating the free Plan, the Client may place an order for a paid Plan or a Subscription (upgrade), and then further specify and complete the order. After the Client checks or supplies any missing details, a final order summary is displayed, which the Client completes by clicking the relevant button, consenting to the Terms and acknowledging the Privacy Policy. The Client then receives a confirmation e-mail with the order summary and, where applicable, payment details. Ordering a paid Plan or a Subscription (upgrade) does not conclude a new Service Agreement; it only amends the Service Agreement already concluded, the subject of which is the Service in the scope of the free Plan and the right to order a paid Plan or a Subscription (upgrade), with effect from the moment Poweron confirms acceptance of the order by the above confirmation e-mail; such an amendment of the Service Agreement may also be made repeatedly in connection with ordering selected paid Plans or a Subscription where Poweron allows it. The Client may order and use several paid Plans and/or Subscriptions in the Workspace at the same time; however, only a limited number of Events can run in a Workspace simultaneously, with the details of the limit set out on the Website. This provision is without prejudice to Poweron’s right to proceed under Article 4.7 of the Terms if the Client does not pay the Price for a paid Plan so ordered.

4.5 Upon purchase of a Subscription (under Article 4.4 of the Terms), a partial Service Agreement is also concluded, the subject of which is the Service in the scope of the free Plan in relation to the first of the Plans included in the Subscription, together with the option to order a paid Plan or a Subscription (upgrade). The procedure under Article 4.4 of the Terms applies to drawing (ordering) each of the individual Plans included in the Subscription. If the Client does not use the acquired capacity of Plans within the Subscription within the period stated on the Website, the unused capacity of Plans expires; in such a case the Client is not entitled to any compensation or to a refund of the Price paid, not even of a proportionate part of it. Termination of a partial Service Agreement under the first sentence of this provision does not terminate the Service Agreement under which the Subscription to which the terminated partial Service Agreement relates was purchased.

4.6 Poweron sends the Client confirmation of payment of the Price to the e-mail address the Client provided at registration; this does not apply if the order does not involve payment of a Price.

4.7 If the Client does not pay the Price for an ordered paid Service within 5 days of concluding the Service Agreement, Poweron may notify the Client of this fact and grant an additional period for payment of at least 2 days. If the Client does not pay the Price within this additional period either, the Service Agreement terminates automatically upon the expiry of that period. Where the Service is provided on a recurring basis for a flat monthly Price, this provision does not apply to the second and any subsequent payment of such Price.

4.8 If a User other than the Client is to be a minor, their registration within the Workspace shall be carried out by their legal guardian, or by the Client, who in that case is responsible for ensuring that the minor’s legal guardian has consented to the minor’s use of the Platform.

Article 5

Price and payment terms

5.1 The Client pays Poweron a price for access to and use of the Platform according to the Price List (the “Price”), unless the Price is set individually by agreement between the Client and Poweron. The Price List forms an integral part of the Terms. Unless the Contract or the Terms provide otherwise, Prices are stated exclusive of VAT.

5.2 The Client must pay the Price for a paid Service. Poweron becomes entitled to payment of the Price at the moment a paid Service Agreement is concluded.

5.3 The Client must pay the Price in the amount and at the frequency stated on the Website for the selected Plan. If the Client does not pay a recurring flat Price for the following period, the scope of the Service is automatically restricted after the paid period ends, to the scope stated on the Website (see Archive Mode).

5.4 Poweron may increase the Price by a surcharge if the actual use of the Service exceeds the limits set for the given Plan (e.g. the number of attendees, the number of e-mails sent or other criteria stated on the Website). The surcharge rates, the decisive moments and the method of determining when individual limits are exceeded are set out on the Website. The Client shall pay the surcharge on the basis of an invoice in accordance with Article 5.5 below.

5.5 The tax document (invoice) will be sent to the Client electronically, as an e-mail attachment, to the e-mail address provided at registration, and will meet all requirements of the applicable legislation. The Client expressly consents to tax documents (invoices) being sent electronically.

5.6 Upon Cancellation of the Client’s Workspace for any reason and/or where the Client does not use the Service, or in other cases set out in the Terms, the Client is not entitled to a refund of the Price already paid or any part of it, unless Poweron and the Client agree otherwise.

5.7 Poweron reserves the right to adjust the prices in the Price List. Poweron will inform the Client of a change to the Price List by e-mail at least fourteen (14) days before such changes take effect. If the Client disagrees with the intended change, the Client may terminate the Contract by written notice at any time until the proposed change takes effect. In such a case the notice takes effect, and the contractual relationship established by the Contract ends, at the moment the relevant change takes effect.

5.8 The Price may be paid to Poweron cashlessly, online by payment card via an internet payment gateway, or by bank transfer.

5.9 The Client’s obligation to pay the Price is fulfilled when the Price is credited to the relevant Poweron account.

Article 6

Support

6.1 Poweron undertakes to provide support for the Platform covered by the Price (“Support”) to the extent corresponding to the purchased Plan. No Support is provided for a free Service.

6.2 Support does not cover servicing of the Client’s hardware, end devices and printers, network infrastructure (passive and active network elements), servicing of software other than the Platform, or internet or other network connectivity.

6.3 Reporting Support requests:

a) The Client reports a Support request via info@amphi.cc.

b) Poweron confirms receipt of the Support request and resolves it within a reasonable time.

c) When reporting a Support request, the Client always states a description of the situation, the symptoms of the incident and its impact, possible causes, and whether and how the Client has tried to resolve the incident.

d) A Support request is deemed resolved upon the Client’s confirmation that it has been resolved or, if the Client does not confirm resolution, upon the expiry of five days from the moment Poweron considers the Support request resolved.

Article 7

Rights and obligations of the Parties

7.1 The Client must:

7.1.1 Provide true contact details for invoicing the Price when creating the Workspace and keep these contact details up to date;

7.1.2 Protect the login names and passwords to the Workspace against misuse by third parties. The Client shall ensure that Users other than the Client also comply with the obligation in the preceding sentence. If a User other than the Client enables a third party to gain such unauthorised access, even through negligence, the Client is liable for any damage incurred by Poweron as a result of the misuse of the login details. If the Client discovers misuse (or an attempt), the Client shall notify Poweron without delay and change the password;

7.1.3 Comply with the law when using the Platform and ensure that Client Data are always compliant with the law. If the Client breaches this obligation, the Client shall compensate Poweron for damage arising from claims asserted as a result of such breach, including sanctions and fines imposed by public authorities;

7.1.4 Ensure that Client Data do not infringe the rights of third parties, including copyright and personality rights. If the Client breaches this obligation, the Client shall compensate Poweron for damage arising from third-party claims.

7.2 The Client may:

7.2.1 Use the Platform in accordance with its purpose and under the conditions set out in these Terms and the Contract;

7.2.2 Choose not to use the Licence;

7.2.3 Cancel the Workspace at any time by a notice sent through the Platform, effective on the day of its delivery, in which case the Client is not entitled to a refund of the Price paid, not even in part, unless the Parties agree otherwise.

7.3 In particular, the Client may not:

7.3.1 Grant a sublicence, assign the Licence, or make the Platform available in any manner other than that arising from its ordinary use and from the Contract and the Terms;

7.3.2 Create software derived from the Platform;

7.3.3 Decompile, modify, adapt, translate or otherwise alter the Platform, or the individual computer programs or parts of databases contained in the Platform, even for the purpose of correcting defects or ensuring interoperability within the meaning of Section 66 of the Copyright Act, nor reverse engineer, disassemble, decompose or otherwise transform the source code of the Platform or any part of it.

7.4 Poweron may:

7.4.1 in the event of any breach of these Terms, with immediate effect suspend or terminate the provision of the Licence or access to the Platform and/or cancel the Client’s Workspace and thereby the Client’s access to the Platform, or cancel the relevant part of the Workspace,

7.4.2 cancel the part of the Workspace relating to a specific Event after 2 years have elapsed:

a) from the Client’s last activity relating to that Event in the case of a free Service; this does not apply to unused capacity of Plans within a Subscription, the expiry of which is governed by Article 4.5 of the Terms, or

b) from the start of Archive Mode in the case of a paid Service,

7.4.3 cancel the Workspace:

a) if no login of the Client to the Workspace has been recorded for 2 years, or

b) if the parts of the Workspace relating to all Events registered in the given Workspace have been cancelled.

Cancellation of the Workspace under this paragraph terminates all Service Agreements concluded within it, including unused capacity of Plans within a Subscription.

7.4.4 at any time cancel the Workspace or part of it and make the Platform unavailable without compensation if ordered to do so by a decision of a public authority or if the applicable law does not permit the provision of the Platform.

7.5 Poweron sends information on termination of the Contract, or on Cancellation of the Workspace or part of it, to the Client electronically to the e-mail address the Client provided at registration. If the e-mail address provided by the Client at registration is not functional (e.g. because the Client has closed it) and the Client has not provided a new contact e-mail, Poweron’s information obligation is fulfilled at the moment Poweron learns that the Client’s e-mail is not functional. This provision does not apply to cancellation under 7.4.2 and 7.4.3 above.

7.6 The Client acknowledges that the functionality of the Platform may depend on the quality of the device the Client uses. The Client acknowledges that, for the Platform to function properly, the Client must ensure suitable hardware, software and network connectivity for accessing or using the Platform. The Platform can be accessed through common web browsers. The Platform places no special requirements on the Client’s operating system and is compatible and interoperable with commonly available computer hardware and software.

7.7 The Client agrees that the following technical prerequisites must be met for using the Platform and the Service:

7.7.1 a stable internet connection with a minimum speed of 5 Mbps for viewing content in standard definition and 10 Mbps for viewing content in high definition (HD),

7.7.2 a current version of Google Chrome, Mozilla Firefox, Safari, Microsoft Edge or another modern web browser supporting HTML5 and JavaScript; the browser must be up to date as of the date of accessing the Platform,

7.7.3 cookies and JavaScript enabled in the browser,

7.7.4 a valid, functional e-mail account for login and communication,

7.7.5 access to streaming platforms from the network from which the Client connects.

If the above technical prerequisites are not met and the Platform or the Service cannot be used for that reason, this does not constitute a defect in performance for which Poweron would be liable. To verify whether a defect occurred as a result of failure to meet these technical prerequisites, the Client shall provide Poweron with the necessary cooperation to the extent that can reasonably be required. If the Client refuses to provide cooperation, Poweron is not required to prove that the Platform and/or the Service are free of defects.

7.8 A Client who has provided Poweron with personal data of a third party for the purpose of performance undertakes to ensure an appropriate legal basis (including consent) for the processing and use of the third party’s personal data in accordance with the law, and to inform that person that Poweron will process and use the data. If the Client fails to do so and provides Poweron with personal data of a third party without an appropriate legal basis and/or notice, the Client bears responsibility for this and is liable for any damage incurred by Poweron as a result of such breach by the Client. The Client further undertakes, at Poweron’s request, to demonstrate without delay the existence of an appropriate legal basis (including consent) for the processing and use of the third party’s personal data. If the Client fails to do so, the Client is liable for any damage incurred by Poweron as a result of such breach by the Client.

Article 8

Data transfer

8.1 Poweron uses appropriate and standard security measures in the development and maintenance of the Platform. Poweron further uses sufficient technical, administrative and operational security measures to preserve the confidentiality, integrity and security of Client Data.

8.2 To the extent that the Platform transmits, stores or processes Client Data, Poweron may not alter or use Client Data in any way, unless agreed otherwise.

8.3 The Client is aware that electronic data transfer inevitably takes place when using the Platform. The Client is responsible for securing this transfer, whether it takes place via DSL, cable or another high-speed internet connection, and for regularly updating the relevant software for the purpose of using the Platform.

8.4 The Client hereby expressly consents to Poweron gaining access to and being able to store Electronic Communication and other Client Data. The Client acknowledges that Electronic Communication will be transmitted over various networks, only some of which may be owned or operated by Poweron. The Client further acknowledges that Electronic Communication may be accessible to unauthorised persons during transmission over the internet, network communication devices, telephone or other electronic means. Poweron is not responsible for Electronic Communication or Client Data that are delayed, lost, altered, intercepted or stored during data transmission over a network not owned or operated by Poweron, including but not limited to the internet and the Client’s local network.

8.5 Poweron retains Client Data for the period stated on the Website or in accordance with the DPA. After that period, Poweron irreversibly deletes the Client Data. Retention and erasure of Personal Data are governed by the DPA. If the Client, as a controller of personal data, has set in its privacy policy or agreed in a contract with its customer longer or otherwise different retention periods for Client Data (including personal data) than those applied by Poweron, Poweron is not bound by them. Nor is Poweron bound by statutory periods for the retention or deletion of data that are binding on the activities the Client carries out on the Platform. Poweron may delete Client Data (including personal data) in accordance with the periods set by Poweron, which may differ from the periods set by the Client towards its customers or from statutory periods relating to the Client’s activity on the Platform. This provision is without prejudice to Poweron’s obligations under the Regulation and the obligation to follow the instructions of the controller of personal data.

8.6 Where the Service allows a video to be embedded by a link to an external platform (e.g. YouTube, Vimeo), such video runs outside the Platform. The Provider is not responsible for the availability, quality or security of such an external platform.

8.7 In relation to Client Data, Poweron only provides the technical means for storing them and making them available within the Platform; Poweron does not check or otherwise review Client Data before they are stored or published. Poweron is not liable for the unlawfulness of Client Data unless it demonstrably knew of it and, promptly upon discovering it, failed to take steps to remove or disable access to them. If Poweron finds that Client Data are unlawful, it may remove them or disable access to them; in the event of a breach of the Terms or the law, Poweron may further suspend or terminate the Client’s access to the Platform and cancel the Client’s Workspace. Poweron does not use automated tools or algorithmic decision-making for content moderation, i.e. for assessing Client Data and deciding on measures under this provision; this assessment is always carried out by a natural person authorised by Poweron. Poweron does not have a separate formal internal complaint-handling system beyond general communication with Poweron.

8.8 Where the Platform allows the Client to set up, within its Workspace, fields for granting consents (e.g. consent to receiving commercial communications) or similar checkboxes intended for Users other than the Client, or to place documents (e.g. the Client’s privacy policy or terms and conditions), the Client alone determines their content and legal basis, including the handling and legal consequences of any withdrawal of consent, and is responsible for the conduct of Users other than the Client in this connection. Poweron only provides the technical tool for placing them and is not responsible for their content, their compliance with the law, or the conduct of Users relating to them. The Client may not use the Platform to send unsolicited commercial communications (spam), harassing messages, illegal content or misleading advertising. The Client shall compensate Poweron for all pecuniary and non-pecuniary harm (damage) incurred by Poweron as a result of the Client’s breach of its obligations under this provision or the applicable law. Such harm includes in particular Poweron’s legal representation costs and all fines or administrative sanctions imposed on Poweron by supervisory authorities in causal connection with the Client’s activity. This is without prejudice to Poweron’s obligations as a processor of personal data. Article 8.7 above remains unaffected.

8.9 The Platform itself does not contain built-in artificial intelligence (AI) features; however, the Client may connect its Workspace to external applications, software or third-party tools, including artificial intelligence tools (e.g. OpenAI ChatGPT and others, “External Tools”). The Client acknowledges that these External Tools are not part of the Platform and bears full and sole responsibility for the lawfulness, security and nature of all data (including personal data) that it enters into these External Tools, imports into the Platform through them, or exports from the Platform. The Client undertakes to use External Tools only in accordance with the law and the terms of their providers; Poweron has no control over the operation of External Tools and is not liable for any data leak, misuse of information, breach of confidentiality, loss of rights arising from defects, or malfunction of the Platform caused by the integration or activity of these External Tools.

Article 9

Liability for harm

9.1 Poweron shall compensate the Client for pecuniary harm (damage) incurred by the Client in connection with Poweron’s performance, if Poweron caused it.

9.2 If the Client is informed of a decision on the basis of which Poweron could become liable to compensate harm (damage) in connection with the Platform or implementation, support, services and maintenance, the Client must notify Poweron of it no later than three (3) business days from the day the Client learns of such information and provide Poweron with all cooperation.

9.3 Poweron is not liable for harm incurred by the Client in connection with Poweron’s performance:

a) caused by extraordinary and unforeseeable obstacles arising independently of Poweron’s will;

b) if it occurred as a result of changes in legislation or its generally accepted interpretation that take effect after Poweron provided the performance that resulted in the harm;

c) if the Client failed to properly and timely fulfil its obligation under Article 9.2 of the Terms, thereby preventing Poweron from filing a remedy in time or taking another similar step against such decision;

d) if the Client did not even allow Poweron to try to prevent the harm or limit its extent;

e) as a result of insufficient protection of data, including Client Data and the Client’s software, against loss and damage, or of viruses penetrating the Client’s network, nor for harm arising from legal defects in the Client’s software;

f) if the harm arose as a result of disclosure of Client Data where such disclosure is required by the applicable law or by a decision of a court or administrative authority;

g) if the harm arose from an intervention by the Client, its employees or third parties; and

h) if the harm arose for technical reasons beyond Poweron’s control, in particular power outages, interruption of the internet connection, or outage or misuse of electronic communication networks that are not under Poweron’s direct control.

9.4 Pursuant to Section 2898 of the Civil Code, the Parties have agreed to limit Poweron’s obligation to compensate harm incurred by the Client in connection with the performance of the Contract such that Poweron is obliged to compensate the Client for such harm, if Poweron caused it, only up to an amount corresponding to the Price paid by the Client under the relevant Contract for the Service in connection with whose provision the harm arose; further, Poweron is not obliged to compensate the Client for lost profit, and in the case of harm arising in connection with a free Service or the Workspace Agreement, Poweron’s obligation to compensate harm is excluded; this does not apply to harm caused to the Client’s natural rights or to harm caused intentionally or through gross negligence. The limitation or exclusion of liability for harm agreed in the Terms does not apply to harm caused to a person’s natural rights or to harm caused intentionally or through gross negligence.

Article 10

Conditions for proper functioning of the Platform, Platform updates

10.1 The Platform requires third-party software to function. Poweron bears no responsibility for errors in the installation, configuration or compliance with the licence terms of third-party applications. The Client further acknowledges that changes to third-party software may limit the functionality of the Platform, render it completely non-functional, or cause incompatibility or reduced interoperability with new versions of third-party software.

10.2 Poweron does not guarantee that the Platform will meet all of the Client’s requirements. Before agreeing to these Terms, the Client must familiarise itself with the Platform and assess its suitability for the Client’s use or, if unable to assess its suitability itself, obtain an expert assessment for that purpose. Poweron does not guarantee the flawless operation of the Platform if it is operated together with software applications of other manufacturers that prevent its flawless operation, or if the Client operates it on incorrectly configured hardware.

10.3 Poweron carries out updates and maintenance of the Platform centrally on its servers, automatically and without prior notice to the Client, to which the Client agrees. The Parties expressly agree that the statutory rules on the mandatory provision and notification of updates do not apply to their legal relationship established by the Contract; Poweron is not liable for malfunction caused by incompatibility on the side of the Client’s technical environment.

10.4 If the Client uses features based on artificial intelligence within the Service, the Client acknowledges that their outputs are advisory only and must be checked before use. If any of these features requires the Client’s own access key to a third-party service, the Client is fully responsible for its configuration and use; Poweron has no means of monitoring or influencing the use of such a key.

Article 11

Rights arising from defective performance

11.1 The rights and obligations of the Parties regarding rights arising from defective performance are governed by the applicable generally binding legislation, in particular the relevant provisions of the Civil Code.

11.2 If Poweron provides defective performance (i.e. the performance does not have the agreed or usual properties or is not fit for its purpose), the Client has rights arising from defective performance.

11.3 The Client must notify Poweron of a defect in performance without undue delay after having had the opportunity to inspect the performance and discover the defect. A defect can be reported by e-mail to info@amphi.cc.

11.4 Poweron undertakes to remedy all defects of the Platform within a reasonable period.

11.5 The Client acknowledges that error messages or other defects or errors that in no way hinder the operation of the Platform need not be remedied within a reasonable period and may be remedied by an update or upgrade of the Platform.

11.6 A defect is also deemed properly remedied where Poweron finds that the malfunction of the Platform was caused by the Client or a third party.

11.7 Each time the Client reports a defect, the Client must always state a description of the situation in which the defect occurred, the symptoms of the defect, its impact, possible causes, and whether and how the Client has tried to resolve the defect.

11.8 Where several defects occur at the same time, the Client may determine which defect Poweron is to address first; this does not apply if such defect cannot be resolved in isolation from resolving another defect.

11.9 The Client must provide effective and necessary cooperation in locating the defect and its cause, simulating the situation leading to the defect, testing the changes made, eliminating the consequences of the defect, restoring data and all other activities that are necessary in the given situation. To verify whether a defect occurred as a result of an unsuitable digital environment on the Client’s side, the Client shall provide Poweron with the necessary cooperation to the extent that can reasonably be required. If the Client refuses to provide such cooperation, it will be up to the Client to prove that the Platform has a defect for which Poweron is liable.

Article 12

Confidentiality

12.1 The Client and Poweron must maintain confidentiality about all facts that could damage the good name of the Client or Poweron or cause them material or other harm.

12.2 The Client undertakes to protect the Platform against misuse by third parties and, if it discovers such misuse, to inform Poweron without delay. The Client must keep secret, and may not use in any way, knowledge of the ideas and procedures, structure, algorithm and methods on which the Platform is based or which it contains, even if acquired through authorised use of the Platform, except for their use for a necessary purpose in operating the Platform. This knowledge must be kept secret and may not be used for developing, producing or commercially exploiting another computer program similar to the Platform, or for any other conduct endangering or infringing the copyright and business interests of Poweron. The Client must maintain confidentiality about this knowledge. The Client undertakes not to reverse engineer the Platform, in particular those parts that are protected against reverse engineering by encoding.

12.3 Poweron is aware that the Client’s use of the Platform will involve the provision of Client Data, which may include personal data and information that is considered confidential or a trade secret (together “protected information”). Poweron and the Client are further aware that their employees and persons in a similar position may gain access to protected information of Poweron or the Client through deliberate activity or through omission.

12.4 Poweron and the Client must ensure that neither of them uses protected information for itself or for a third party and that neither discloses protected information to any third party. For the purposes of the preceding paragraph, third parties do not include employees and persons in a similar position, the Parties’ bodies and their members, and, in relation to the Client’s protected information, Poweron’s subcontractors, provided that they participate in providing the Platform, the protected information is disclosed to them solely for that purpose, and the disclosure is limited to the extent strictly necessary to fulfil that purpose and made under the same conditions as those imposed on the Parties in this Contract (including the obligation of confidentiality and protection of protected information).

12.5 The Client and Poweron must observe a strict duty of confidentiality and the duty to protect protected information arising from these Terms and the applicable legislation, in particular the legislation on personal data protection.

12.6 Information is not considered protected if it:

a) has been released from these restrictions by the written consent of the other Party;

b) is publicly available or has been published other than through a breach of an obligation by the Client or Poweron;

c) was demonstrably known to the recipient before the Client or Poweron disclosed it;

d) is provided, to the necessary extent, to authorities or persons that have a statutory right to receive it;

e) is used by a Party to protect its legitimate interests.

12.7 The Parties’ employees or representatives are bound by the duty of confidentiality to the same extent as the Parties. The duty of confidentiality also applies to the Parties’ legal successors.

12.8 The Parties undertake to limit the number of employees handling protected information and to adopt effective measures to prevent information leaks. The Parties further undertake to ensure that all documents received are properly recorded.

12.9 The duty of confidentiality regarding protected information lasts for two (2) years from its provision.

12.10 If either Party discovers that any of its employees or subcontractors has in any way breached the confidentiality of information, it shall notify the other Party without delay and provide it with all reasonable assistance in any proceedings the other Party may bring against such persons.

Article 13

Personal data protection

13.1 Where the performance of the Contract involves the processing of personal data held by the Client as a controller, a data processing agreement is annexed to the Terms. For the purposes of personal data protection, Poweron acts as a processor.

13.2 Poweron may process personal data when performing the Contract. The purpose and means of processing will be determined by the Client and set out in the data processing agreement or in another manner. In performing the Contract, Poweron may in particular store personal data on data carriers, modify them, retain them for the period necessary to exercise Poweron’s rights arising from the Contract, transfer processed personal data to the Client and destroy personal data, unless the Parties agree otherwise.

13.3 When handling personal data, Poweron will ensure an appropriate level of security corresponding to the likely risk to the rights and freedoms of data subjects. Information and materials containing personal data will be delivered either in person or sent electronically and may be encrypted. The specific form and method of encryption must be determined by mutual agreement of the Parties.

13.4 In accordance with applicable legislation, Poweron will take sufficient technical and organisational measures to ensure that the processing meets legal requirements and that the protection of the rights of data subjects is ensured.

13.5 In certain cases Poweron may act as a controller of personal data when providing performance. Details of such processing of personal data are set out in the Privacy Policy available on the Website.

Article 14

Duration of the contractual relationship

14.1 The Contract is concluded for an indefinite period, unless the Terms or the Contract provide otherwise. The contractual relationship ends in particular by agreement of the Parties, by proper fulfilment of the obligations of both Parties, or by withdrawal, all in accordance with the Terms. If the contractual relationship was agreed for a fixed period, it also ends upon the expiry of that period or upon proper fulfilment of the obligations of both Parties.

14.2 During a relationship agreed for an indefinite period, either Party may terminate the Contract by written notice. In such a case the relationship established by the Contract ends upon the expiry of a 15-day notice period, which begins on delivery of the notice.

14.3 Poweron may withdraw from the Contract:

a) if the Client fails to make any of the payments it is required to make under the Contract or the Terms properly or on time;

b) if the Client does not provide the necessary cooperation;

c) in the event of use of the Service or the Platform in breach of the Contract and/or the Terms,

d) if the Client becomes an unreliable VAT payer within the meaning of Section 106a of Act No. 235/2004 Coll., on Value Added Tax; or

e) if the Client has been declared insolvent.

14.4 The Client must pay the part of the Price relating to partial performance already accepted for the period before the Contract ended, unless the Terms provide otherwise.

Article 15

Other provisions

15.1 All documents, in particular notices, requests, demands, notices of termination, withdrawals from the Contract or other communications establishing, changing or terminating legal relationships between the Parties under the Contract or the Terms, which the Parties make in writing, will, unless the Contract or the Terms provide otherwise, be:

a) sent electronically to the e-mail address provided at registration in the case of the Client, and to the e-mail address info@amphi.cc in the case of Poweron, or

b) sent via Poweron’s data box.

15.2 The Client acknowledges that Poweron has taken all reasonable measures to prevent the transmission of viruses when sending documents (including attachments) by e-mail. When sending documents by e-mail, Poweron is not responsible for the consequences of documents (including attachments) being delivered to a person other than the addressee, nor for the deletion or non-delivery of documents (including attachments) due to a failure of electronic communication. Poweron does not guarantee the security of electronic communication and accepts no responsibility for any loss or damage resulting from damage to the recipient’s computer programs or electronic data as a result of receiving such a message.

15.3 The Client further acknowledges that none of Poweron’s employees or agents (representatives) is authorised to take any legal action on behalf of Poweron by e-mail without the written consent of the statutory body or another authorised person of Poweron. Any opinions and views sent to the Client by e-mail are solely those of their author and may not represent the position of Poweron. Poweron undertakes to ensure that its statutory bodies and employees refrain from any defamatory statements, breaches of the law, or infringement of copyright or other rights by e-mail. Statements of this nature are contrary to Poweron’s business policy and a person acting in this way breaches Poweron’s internal rules; Poweron is not liable for such conduct of its statutory bodies and employees.

Article 16

Final provisions

16.1 The Parties exclude the application of the following provisions of the Civil Code to this Contract:

Section 557, Section 1740(3), Section 1793, Section 1799, Section 1800, Section 1805(2). The Client assumes the risk of a change in circumstances within the meaning of Section 1765 of the Civil Code.

16.2 Rights arising from the Contract or its breach become time-barred two (2) years from the day on which the right could first be exercised.

16.3 The Parties agree that the courts of the Czech Republic have jurisdiction to decide disputes arising from the Contract. In accordance with Section 89a of Act No. 99/1963 Coll., the Code of Civil Procedure, as amended, by concluding the Contract with Poweron and accepting the Terms, the Client agrees with Poweron that the court of Poweron’s general jurisdiction has local jurisdiction to decide any disputes arising from the Contract.

16.4 Poweron may amend or supplement the Terms to a reasonable extent. Poweron must inform the Client of proposed amendments or additions to the Terms by e-mail at least fourteen (14) days before they take effect. If, within fourteen (14) days of the day on which Poweron notified the Client of the newly proposed wording of the Terms, the Client does not express its disagreement with the proposed amendments or additions by e-mail or in writing, the Client is deemed to agree with them. If the Client expresses disagreement with the amendment of the Terms, either Party may terminate the Contract by written notice. The notice of termination takes effect when the proposed amendment or addition to the Terms takes effect.

Annex: Data Processing Agreement (DPA)

The terms of personal data processing below, and the rights and obligations of the Parties when processing personal data in connection with Poweron’s performance:

a) are agreed in accordance with Section 1746(2) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), and Article 28 of the Regulation between:

Poweron s.r.o.,
with its registered office at Palachova 504/7, Liberec I-Staré Město, 460 01 Liberec,
Company ID (IČO): 06205712,
registered in the Commercial Register kept by the Regional Court in Ústí nad Labem,
Section C, Insert 39873,

(“Poweron” or the “processor”)

and

a client of Poweron acting as controller, to whom Poweron will provide a Licence, access to the Platform and/or the Service and the right to use the Platform (the “Poweron Services”), all on the basis of a Contract that such client concludes with Poweron electronically and of which the Terms form part,

(the “Client” or the “controller”),

(Poweron and the Client together also the “Parties” and each individually a “Party”),

b) and form an annex to the Terms, which are part of the Contract

(the “DPA”).

1. Preamble

1/1 For the purpose of using the Poweron Services, the Client will make available and disclose to Poweron personal data of third parties which the Client processes as a controller within the meaning of the Regulation, Act No. 110/2019 Coll., on the Processing of Personal Data, as amended, or other legislation.

1/2 The Parties wish to conclude this DPA as a contract between entrepreneurs as defined in Section 420(1) of the Civil Code in connection with their own business within the meaning of Section 433 of the Civil Code.

2. Processing of personal data

2/1 Purpose of processing On the basis of this DPA and the Contract, Poweron will process personal data of Users other than the Client that are necessary for using the Poweron Services and made available to Poweron by the Client, for the purpose of providing the Poweron Services as defined in the Contract. The Parties acknowledge that Personal Data may also be entered into the Platform by the Users other than the Client themselves. Even in such a case, the Client is the controller of the Personal Data.

2/2 Client’s instructions The Parties acknowledge that, when providing the Poweron Services, Poweron may and must process personal data only on the Client’s instructions, unless processing of personal data is required of Poweron by the laws of the Czech Republic or the European Union.

2/3 The Client hereby instructs Poweron to process the following types of personal data and special categories of personal data (within the meaning of Article 9(1) of the Regulation) in a manner that fulfils the purpose of providing the Poweron Services:

(a) basic personal data, such as first name and surname (including birth surname), photograph, education and professional background;

(b) basic contact details such as e-mail address and telephone number;

(c) data on the data subject’s behaviour on the Platform entered for the purpose of using the Service (e.g. IP address, login and registration time);

(d) image and audio recordings of natural persons, video recordings of an Event and audio recordings of a person’s voice made in connection with an Event,

(e) where applicable, other personal data necessary to fulfil the purpose of processing or to provide the Poweron Services,

(f) where applicable, personal data specified by special legislation,

all only to the extent necessary for providing the Poweron Services (“Personal Data”).

2/4 The Client hereby instructs Poweron to process Personal Data within the EEA and on equipment located within the EEA or, where Personal Data are transferred outside the EEA, Poweron shall ensure that such transfer is subject to appropriate safeguards under Article 44 et seq. of the Regulation, and further using the tools and procedures set out below:

  • communication between the Client and Poweron takes place mainly by e-mail, via chat on the Website or through the Workspace;

2/5 Poweron may request further instructions from the Client to the extent necessary for the proper provision of the Poweron Services, and the Client undertakes to give Poweron such instructions properly and without undue delay.

2/6 Incorrect instruction If Poweron concludes that carrying out an instruction given by the Client will or could lead to a breach of Poweron’s obligations under the applicable legislation, this DPA or the Contract, Poweron may refrain from carrying out such instruction. Poweron will inform the Client of this without undue delay and ask the Client to give a new instruction. The deadlines for fulfilling Poweron’s obligations under the Contract and/or this DPA are extended by the period from the day the request for a new instruction under the first sentence is sent until the day the instruction is given. If Poweron incurs damage as a result of an incorrect instruction being given and/or a replacement instruction not being given properly and on time, the Client undertakes to compensate Poweron for it.

2/7 Security of processing Poweron undertakes to adopt all appropriate technical and organisational measures to the extent required by Article 32 of the Regulation regarding the security of processing of Personal Data.

2/8 The Parties jointly declare that, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks of varying likelihood and severity within the meaning of Article 32(1) of the Regulation, the following are considered appropriate technical and organisational measures on Poweron’s side:

a) ensuring contractual confidentiality of Poweron’s staff and their suppliers.

b) regular training on GDPR requirements and security.

c) access and role management (the principle of “least privilege”, segregation of duties; separation of the attendee/speaker/organiser/admin roles).

d) adherence to the incident reporting and escalation process; ensuring records and instruction.

e) secure handling of login credentials and API keys.

f) implementation of procedures for exercising data subjects’ rights and for cooperation with the controller.

g) encryption in transit (TLS).

h) authentication and authorisation (passwords of at least 12 characters; password hashing with a suitable algorithm; OAuth 2.0 support).

i) separation of environments (development/test/production), change control and secure development (privacy by design/by default).

2/9 Poweron undertakes to continuously evaluate the technical and organisational measures adopted and to test their effectiveness.

2/10 If a personal data breach occurs at Poweron for any reason, Poweron undertakes to take all appropriate measures without delay to remedy the breach and, where possible, mitigate its adverse effects on data subjects. Poweron will also notify the Client of the breach without undue delay.

2/11 Further obligations of Poweron Within the meaning of Article 28(3) of the Regulation, Poweron further undertakes to:

(a) assist the Client, by appropriate technical and organisational measures, in fulfilling the Client’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the Regulation, taking into account the nature of the processing of Personal Data;

(b) assist the Client in ensuring compliance with the obligations under Articles 32 to 36 of the Regulation, taking into account the nature of the processing of Personal Data and the information available to Poweron;

(c) provide the Client, at its request, with the information necessary to demonstrate that Poweron meets the obligations laid down in Article 28 of the Regulation; and

(d) allow the Client to carry out inspections and audits of compliance with the obligations laid down for Poweron in Article 28 of the Regulation, including on-site inspections; the Client may carry out such an audit or inspection only in a manner that does not unreasonably disrupt Poweron’s operations, after giving at least 10 business days’ prior notice, at most once a year, and additionally following each personal data breach, should one occur at Poweron.

For the avoidance of doubt, Poweron’s cooperation under this Article 2/11 of the DPA will be considered performance beyond the scope of the Service, and Poweron’s remuneration for such cooperation will be charged to the Client based on the time spent by individual Poweron staff members providing the cooperation, multiplied by an hourly rate of CZK 600 excluding VAT; Poweron may adjust this rate to a reasonable extent at any time.

2/12 Unless the Client gives Poweron a different instruction regarding specific Personal Data or categories of them, Poweron retains them for the relevant period stated on the Website or in the Terms, or for the duration of the Workspace or its relevant part, whichever ends first; after that period, Poweron deletes them from all data storage, unless Union or EU Member State law requires the Personal Data to be handled otherwise. If the Client requests the return of Personal Data before the end of the retention period, each Party will bear its own costs of returning them. The Client may at any time instruct Poweron to handle specific Personal Data differently, including deleting them earlier; Poweron will carry out such an instruction without undue delay. Retention of Personal Data for longer than stated on the Website for the selected Plan is possible only on the basis of a separate agreement of the Parties.

2/13 Sub-processors The Client acknowledges and agrees that, as of the date of this DPA, Poweron uses sub-processors for certain operations relating to the processing of personal data when providing the Poweron Services. The Client hereby gives Poweron general authorisation to engage sub-processors in the processing of Personal Data to the extent of this DPA. The current list of sub-processors is available electronically on request.

2/14 Poweron undertakes to inform the Client of any intended changes concerning the addition of sub-processors that are to participate in the processing of Personal Data, or the replacement of a sub-processor involved in the processing of Personal Data with another sub-processor. If the Client does not object within 15 days, the Client is deemed to agree with such addition or replacement.

2/15 Poweron will conclude a contract with each sub-processor involved in the processing of Personal Data imposing on it the same personal data protection obligations as those set out in this DPA.

3. Declarations of the Parties

3/1 Client’s declaration The Client declares that it fulfils all obligations imposed on it by the Regulation and related legislation, that it is entitled under the Regulation to process the Personal Data as a controller, and that it is entitled to conclude this DPA with Poweron as the processor of the Personal Data.

3/2 Poweron’s declaration Poweron, as processor, declares that it fulfils all obligations imposed on it by the Regulation and that it is entitled to conclude this DPA with the Client as the controller of the Personal Data.

4. Confidentiality

4/1 The Client has provided Poweron with information containing Personal Data about data subjects (“confidential information”).

4/2 Poweron undertakes to use the confidential information provided solely for processing Personal Data when providing the Poweron Services.

4/3 The duty of confidentiality under Article 4/2 of this DPA does not apply to confidential information that:

a) is to be provided to a third party on the Client’s instruction;

b) is to be provided to a sub-processor involved in Poweron’s processing of Personal Data in accordance with Article 2/13 of this DPA;

c) is publicly available or has been published other than through a breach of an obligation by one of the Parties;

d) was demonstrably known to the recipient before a Party disclosed it;

e) must be provided in fulfilment of a statutory obligation to prevent or report the commission of a criminal offence;

f) is requested by a court, public prosecutor’s office or competent administrative authority on the basis of law, is used solely for that purpose and must be provided by law.

4/4 The Parties undertake to limit the number of employees handling confidential information and to adopt effective measures to prevent information leaks. The Parties further undertake to ensure that all documents received are properly recorded.

4/5 Poweron’s duty of confidentiality continues even after it ceases to be authorised to provide services and/or after the legal relationship arising from the DPA ends. The duty of confidentiality also applies to the Parties’ legal successors.

4/6 Poweron’s staff or representatives are bound by the duty of confidentiality to the same extent as Poweron.

5. Compensation for harm

5/1 Compensation for harm caused to a data subject by the processing of Personal Data is governed by Article 82 of the Regulation and related provisions.

5/2 Pursuant to Section 2898 of the Civil Code, the Client and Poweron have agreed to limit Poweron’s obligation to compensate harm incurred by the Client in connection with the processing of Personal Data such that Poweron is obliged to compensate the Client for such harm only up to the amount corresponding to the limitation of compensation agreed in the Contract, and Poweron is not obliged to compensate lost profit or harm caused in connection with a free Service; this does not apply to harm caused to the Client’s natural rights or to harm caused intentionally or through gross negligence.

5/3 If another person (other than Poweron and its subcontractor) also provides services to the Client in the same matter and the Parties have not agreed otherwise, Poweron is only obliged to compensate harm that it caused itself, to the extent of its share in the services provided; this is without prejudice to Article 5/2 above. If a different scope of the obligation to compensate harm caused in the joint provision of services has been agreed between the Client and the other person providing services to the Client in the same matter, such other agreement affects only the obligation of that other service provider and not the obligation of Poweron. If a limitation of the obligation to compensate harm caused by the provision of services has been agreed between the Client and the other person providing services to the Client, the Client is not entitled to compensation from Poweron for harm exceeding such limitation in full, but only in a proportionate amount corresponding to Poweron’s fault. If a broader scope of the obligation to compensate harm caused by the provision of services has been agreed between the Client and the other person providing services to the Client, the Client is entitled to compensation from Poweron only to the extent agreed between the Client and Poweron, and in a proportionate amount according to Poweron’s fault.

5/4 If the Client is informed of a decision on the basis of which Poweron could become liable to compensate harm under the DPA, the Client must notify Poweron of it no later than three (3) business days from the day the Client learns of such information and provide Poweron with all cooperation in preparing and filing a remedy or taking another similar step against such decision.

6. Common and final provisions

6/1 The DPA is governed by and will be interpreted in accordance with the laws of the Czech Republic.

6/2 The Parties have agreed that their communication concerning the DPA (including notification of a security incident) will take place via the following e-mail addresses: controller: the e-mail address with which the controller registered for the Poweron Services; processor: info@amphi.cc.

6/3 Rights arising from this DPA or its breach become time-barred two (2) years from the day on which the right could first be exercised.

6/4 This DPA contains the entire agreement on the subject matter of the DPA and on all matters that the Parties had and wished to agree in the DPA and that they consider important for the binding nature of this DPA.

6/5 The Parties do not wish any rights and obligations to be inferred, beyond the express provisions of this DPA, from any existing or future practice established between the Parties or from customs observed generally or in the industry relating to the subject matter of this DPA, unless expressly agreed otherwise in the DPA. In addition, the Parties confirm that they are not aware of any business customs or practice established between them to date.

6/6 The Parties exclude the application of Section 557 of the Civil Code to this DPA.

6/7 This DPA is concluded for a fixed term, namely from the day the Contract becomes valid and effective until the day the Contract ceases to be valid and effective.

6/8 Capitalised terms used in the DPA without being defined in the DPA have the meaning given to them in the Contract or the Terms.

6/9 The DPA is concluded at the same moment as the Contract, electronically through the Website.