I. Definitions

1. Provider: Wčil s.r.o., with its registered office at Lučina 117, 739 39 Lučina, Czech Republic, ID No.: 17454263, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert No. 90215.
2. Application: Infiry – an application for organizing photographs, provided in the form of Software as a Service (SaaS).
3. Customer: A natural or legal person to whom the Provider provides the Infiry Application for use based on a Subscription or Free Plans.
4. User: All registered persons in the Infiry Application, whether they are Customers or not.
5. Instance: A space created in the Application for the Customer, where they can upload and organize their photographs and add Users.
6. Subscription: A regular payment for the use of the Application, paid through the Stripe payment portal.
7. Plan: A specific level of Application services with defined storage limits and number of Users.
8. Free Plan: A Plan provided by the Provider to the Customer free of charge.
9. Stripe: A payment portal used for paying the Subscription.
10. Role: Permissions assigned to Users in the Instance of the Application (Owner, Administrator, Editor).

II. General Provisions

1. These GTC govern, in accordance with Section 1751(1) in conjunction with Section 2358 et seq. of the Civil Code, the mutual rights and obligations between the Provider, the Customer, and the Users arising in connection with the use of the Application under the concluded License Agreement, as well as other rights and obligations related to the use of the Application.
2. By accessing and using the Application, the Customer and the Users agree to these GTC and the Privacy Policy for personal data processing.
3. The Application is the property of the Provider and is provided to the Customer for use in accordance with these GTC. The Customer or Users may not transfer the Application to third parties or use it for purposes other than those for which it is intended.
4. The Provider possesses all the rights necessary to provide the Application and grant the License to third parties. The provision of the License will not infringe any third party's intellectual property rights.
5. All intellectual property rights to the Application, including content, features, and design, belong to the Provider. The Customer and the Users are not authorized to copy, modify, distribute, or otherwise use the Application beyond the scope of these GTC.

III. Conditions of Using the Application

1. The Provider allows the Customer to use the Application through an Instance created in the Application.
2. The Customer may add Users to their Instance in accordance with the limits of the chosen Plan. Users can only be added with their consent.
3. Each User must activate their account via an activation link sent to the email address provided by the Customer.
4. The following roles are available in the Application:
   • Owner: Has full rights to manage the Instance, including adding and removing Users.
   • Administrator: Can manage and create User accounts (except the Owner).
   • Editor: Can upload, edit, and delete photos but does not have access to User management.
5. Users can share photos from the Instance with third parties via shared links. The User creating the shared link must have the recipients’ consent to process their email addresses if they are entered during sharing.
6. Shared links can be revoked or deleted at any time by Users, thus preventing recipients from accessing the photos.
7. All recipients of a shared link are allowed, for the duration of the link’s validity, to download the shared photos in ZIP format without the need to log in to the Application.
8. The Application is not intended for backing up photos; we recommend keeping your photos stored on other media as well.
9. A single User can be part of multiple Instances in the Application.
10. Each User is obliged to provide truthful and up-to-date information during registration and when using the Application.

IV. Subscription and Payment Terms

1. The Subscription is paid by automatically deducting the agreed amount via the Stripe payment portal once a month.
2. The Customer agrees to create a customer account in Stripe when choosing a paid Plan and by clicking the "Buy and Proceed to Card Payment" button.
3. The Customer can cancel or change the Subscription at any time through the Stripe portal. When changing the Plan, the amount is deducted from the saved payment method upon confirmation of the change.
4. Invoices, changes to billing details, and payment methods can be managed in the Stripe portal.
5. In the event of non-payment of the Subscription, the Provider may block the Instance after 3 days have passed and subsequently delete it without the possibility of data recovery.
6. The Subscription can be changed after logging in on the sales website in the Instance administration.
7. Upon cancellation of the Subscription, the Provider may delete all of the Customer’s data without the right to restore it.

V. Service Restrictions and Limits

1. Each Plan has a defined maximum number of Users and storage capacity. The current storage usage is available in the Application.
2. The Customer can only downgrade to a lower Plan if they have not already exceeded that Plan’s limits.
3. After reaching the maximum storage capacity, Users will not be able to upload more photos to the given Instance until the storage capacity is increased or the usage is reduced by deleting content.
4. The Provider may offer the Customer a Free Plan, allowing them to use the Application free of charge.
5. The Customer acknowledges that under the Free Plan, there can be only one User in the Instance, and a maximum of 2 GB of storage can be used.
6. The Customer acknowledges that the limits referred to in point 5 of Article V may be changed by the Provider at any time for Free Plans.
7. The Customer acknowledges that the Provider may at any time, without giving any reason, cancel, limit, or temporarily interrupt the provision of the Free Plan without any entitlement to compensation for the Customer.
8. The Customer may upgrade from the Free Plan to a paid Plan at any time.
9. The Customer acknowledges that it is not possible to revert from a paid Plan back to a Free Plan; the paid Plan can only be canceled, in which case the procedure follows Article IV.
10. The Customer may cancel the Free Plan at any time in the subscription administration, thereby giving the Provider permission to delete all of the Customer’s data without any right to restore it.
11. The Customer acknowledges that the Provider primarily provides support and all Application functions to Customers with a paid Plan and that support and Application features may be limited at any time for Free Plans.
12. One Customer may pay for a Subscription under a single account and email address for only one Instance or have only one Free Plan for one Instance. If they want another Instance, they must create a new account with a different email address.
13. The Customers and Users acknowledge that the Application can be used on a device with a minimum stable internet connection speed of 10 Mb/s for upload and 10 Mb/s for download.
14. The Customers and Users acknowledge that it is not possible in the Application to download a selection or collection of photos whose total size exceeds 10,000 MB.

VI. Responsibility of the Customer and Users

1. The Customer is responsible for all content uploaded to the Instance, whether uploaded by them or their Users.
2. Users are required to upload only content to which they hold copyright or a license to use.
3. It is prohibited to upload pornographic or other illegal content to the Application under the valid laws of the Czech Republic.
4. The Customer must not violate the valid laws of the Czech Republic by using the Application.
5. In case of a breach of these conditions, the Provider may immediately cancel the Subscription and delete the Instance without any financial compensation. In such a case, the Provider fully cooperates with law enforcement authorities and may hand over all data and content to these authorities.
6. The Customer and the Users are obliged to report errors in the Application and must not misuse them.
7. The Customer and the Users must not carry out attacks on the Application or exploit its vulnerabilities.
8. All data provided during registration must be true and valid.

VII. Rights and Obligations of the Provider

1. The Provider reserves the right to change the GTC, of which the Customer will be informed via email or a notification in the Application.
2. The Provider is not responsible for any data loss; the Customer and the Users are obliged to back up their data.
3. The Provider may temporarily or permanently limit the use of the Application or its functionality if the GTC are violated or the security of the Application is attacked.
4. The Provider is not liable for damages caused by the use of the Application; the Customer and the Users use the Application at their own risk.
5. The Provider is not liable for any indirect, incidental, consequential, or special damages, including loss of profit, data, goodwill, or other intangible losses arising in connection with the use or inability to use the Application.
6. The Provider reserves the right to modify, suspend, or discontinue the provision of the Application or parts thereof at any time and without prior notice. The Provider is not liable for any damage or loss resulting from such changes.
7. The Provider is not liable for non-fulfillment or delay in fulfilling its obligations under these GTC due to events beyond its reasonable control, such as natural disasters, wars, terrorist attacks, internet outages, governmental restrictions, or other force majeure events.

VIII. Personal Data Protection

1. The processing of personal data is governed by the Privacy Policy for personal data processing available on the Provider’s website.
2. The Provider stores and processes personal data in accordance with applicable legal regulations.
3. Users can request the deletion of their account at any time if they are not linked to any Instance and have no photos uploaded in any Instance.
4. After account deactivation, the Provider may retain some data in accordance with the Privacy Policy for personal data processing.

IX. Termination of the Contractual Relationship

1. The Customer may withdraw from these GTC by canceling the Subscription and deactivating the account on the sales website if they have no active Subscription and no Instance affiliation.
2. The Provider may terminate the contractual relationship in the event of a breach of the GTC by the Customer or the Users.
3. After the termination of the contractual relationship, the Provider may delete all data of the Customer and the Users without any right to restore them.

X. Data Export

1. In the event of a request for data export, the Subscription must remain active until the data is handed over.
2. The fee for data export is CZK 5,000 for each started TB of data. Here, data means photos uploaded to the Instance in their original size.
3. Upon requesting a data export, the Customer is entitled to the original photos and metadata in JSON, CSV, or another text format determined by the Provider.
4. The Customer acknowledges that they are not entitled to export photos with embedded metadata; text data and descriptions that they filled in for the photos will only be provided in the file mentioned in the point above (X. Data Export, 3rd point).
5. The method of data handover is determined by the Provider, who will inform the Customer accordingly.
6. If the Customer does not request a data export, the data will be permanently deleted after the Subscription ends.
7. The Customer acknowledges that the Provider will take at least 30 days from the date of requesting the data export to complete it.

XI. Contact Details

1. The Customer and the Users can contact the Provider via the contact form at https://infiry.com/contact.
2. When using contact forms, it is prohibited to send spam or other inappropriate messages.

XII. Final Provisions

1. These GTC come into effect on 28.01.2025.
2. Legal relations between the Provider and the Customer are governed by the legal system of the Czech Republic.
3. In the event of disputes, the parties undertake to resolve them primarily amicably; if this is not possible, the competent courts of the Czech Republic have jurisdiction.
4. If any provision of these GTC becomes invalid or unenforceable, the remaining provisions remain in force.
5. The Provider may change these GTC at any time; changes will be communicated to the Customer via email or in the Application.
6. These GTC take precedence over the use of the Civil Code where the Civil Code does not expressly prohibit it. If an issue is not regulated by these GTC, the legal regulations of the Czech Republic, especially the Civil Code, shall apply.