Terms of Service

Last updated: 2026-05-01 — Effective date: 2026-05-01

Agreement to Our Legal Terms

I am Tomáš Holocsy.

We operate the websites https://ohmylore.app (primary), https://ohmylore.eu, https://ohmylore.quest (together, the ‘Site’), the mobile application Oh My Lore! (the ‘App’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).

We bring you a TTRPG campaign-managing app, with features to track your quests, NPCs, locations and share them amongst your companions.

You can contact us by phone at (+420) 793 913 700, email at support@ohmylore.app, or by mail to:

71 Jabloňová
Praha, Hlavní město Praha 106 00
Czechia

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and Tomáš Holocsy, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

A Note on Our Scale

Oh My Lore! is a self-funded project built and operated by a small team. Subscription revenue (if any) primarily covers infrastructure and AI API costs. We do not offer a formal Service Level Agreement, response-time guarantee, or 24/7 support. We aim to respond to support and privacy requests within a reasonable time, and we thank you for your patience.

Note: this sets expectations, but does NOT reduce our legal obligations.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

IMPORTANT: The Services are intended for users who are at least 15 years of age. This threshold reflects the digital age of consent under Czech Act No. 110/2019 Sb. §7 for GDPR purposes. Users between 15 and 18 (or the age of majority in their jurisdiction) should review these Legal Terms with a parent or guardian.

We recommend that you print a copy of these Legal Terms for your records.

Table of Contents

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. User Registration
  5. Purchases and Payment
  6. Subscriptions
  7. Software
  8. Prohibited Activities
  9. User Generated Contributions
  10. Contribution Licence
  11. Guidelines for Reviews
  12. Mobile Application Licence
  13. Social Media
  14. Services Management
  15. Privacy Policy
  16. Digital Services Act — Content Moderation and Reporting Illegal Content
  17. Copyright Infringements
  18. Term and Termination
  19. Modifications and Interruptions
  20. Governing Law
  21. Dispute Resolution
  22. Corrections
  23. Disclaimer
  24. Limitations of Liability
  25. Indemnification
  26. User Data
  27. Electronic Communications, Transactions, and Signatures
  28. California Users and Residents
  29. Miscellaneous
  30. Contact Us

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable licence to:

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@ohmylore.app. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions and Contributions

Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand (a) the rights you give us and (b) the obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

When You Post Contributions, You Grant Us a Licence

By posting any Contributions, you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, cache, reproduce, display, and transmit your Contributions, and to create technical copies and derivatives (e.g. thumbnails, cached versions), solely as reasonably necessary to operate, provide, maintain, promote, and improve the Services, and to make your Contributions available to other users of the Services in accordance with your sharing and visibility settings.

This licence ends when you delete your Contributions or your account, except to the extent (i) your Contributions have been shared with other users, who retain the copies they already have, or (ii) we must retain them for legal compliance or in backups for a limited period.

We will not sell your Contributions to third parties and will not use them in paid advertising without your separate, explicit consent.

You Are Responsible For What You Post Or Upload

By sending us Submissions and/or posting Contributions through any part of the Services, you:

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We May Remove or Edit Your Content

Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

3. User Representations

By using the Services, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Legal Terms;
  4. you are at least 15 years of age;
  5. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
  6. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  7. you will not use the Services for any illegal or unauthorised purpose; and
  8. your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept the following forms of payment:

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in CZK or EURO.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@ohmylore.app.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

Withdrawal Right (EU Consumers)

If you are a consumer in the EU, under Directive 2011/83/EU on Consumer Rights and Czech Civil Code §1829, you generally have the right to withdraw from a distance contract within 14 days of its conclusion, without giving any reason.

However, because our paid subscriptions provide immediate digital access to the Services, by subscribing and ticking the express-consent checkbox at checkout, you:

(a) expressly request that we begin performing the Services immediately, before the 14-day withdrawal period ends; and

(b) acknowledge that you lose your right of withdrawal once we begin providing the Services, in accordance with §1837(l) of the Czech Civil Code.

If you do not tick the express-consent checkbox, the Services will not start until the 14-day period expires, unless you tell us otherwise.

To withdraw within the 14-day window (where the right has not been waived), email support@ohmylore.app with the subject “Withdrawal”. A copy of the standard withdrawal form is available at https://ohmylore.app/withdrawal-form.

7. Software

We may include software for use in connection with our Services. If such software is accompanied by an end user licence agreement (‘EULA’), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable licence to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided ‘AS IS’ without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

We reserve the right to suspend or terminate accounts, remove content, revoke access to campaigns or features, and take any other action we deem appropriate if we determine, in our sole discretion, that a user has engaged in any prohibited activity.

9. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. Contribution Licence

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, cache, reproduce, display, and transmit your Contributions, and to create technical copies and derivatives (e.g. thumbnails, cached versions), solely as reasonably necessary to operate, provide, maintain, promote, and improve the Services, and to make your Contributions available to other users of the Services in accordance with your sharing and visibility settings.

This licence ends when you delete your Contributions or your account, except to the extent (i) your Contributions have been shared with other users, who retain the copies they already have, or (ii) we must retain them for legal compliance or in backups for a limited period.

We will not sell your Contributions to third parties and will not use them in paid advertising without your separate, explicit consent.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

11. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. you should have firsthand experience with the person/entity being reviewed;
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. your reviews should not contain references to illegal activity;
  5. you should not be affiliated with competitors if posting negative reviews;
  6. you should not make any conclusions as to the legality of conduct;
  7. you may not post any false or misleading statements; and
  8. you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

12. Mobile Application Licence

Use Licence

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms.

You shall not:

  1. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
  2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
  3. violate any applicable laws, rules, or regulations in connection with your access or use of the App;
  4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
  5. use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
  6. make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
  7. use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
  8. use the App to send automated queries to any website or to send any unsolicited commercial email; or
  9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services:

  1. the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
  2. we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  3. in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
  4. you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country and (ii) you are not listed on any US government list of prohibited or restricted parties;
  5. you must comply with applicable third-party terms of agreement when using the App; and
  6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.

13. Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that:

  1. we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network Content’) so that it is available on and through the Services via your account, including without limitation any friend lists; and
  2. we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

14. Services Management

We reserve the right, but not the obligation, to:

  1. monitor the Services for violations of these Legal Terms;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  5. otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://ohmylore.app/privacy and our Cookie Policy at https://ohmylore.app/cookies.

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Czechia. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Czechia, then through your continued use of the Services, you are transferring your data to Czechia, and you expressly consent to have your data transferred to and processed in Czechia.

Our Services are not intended for users under 15. If we become aware that we have collected personal data from a user under 15, we will delete it without undue delay. Parents or guardians who believe this has happened may contact us at support@ohmylore.app.

16. Digital Services Act — Content Moderation and Reporting Illegal Content

Oh My Lore! is a hosting service within the meaning of Regulation (EU) 2022/2065 on a Single Market for Digital Services (the “Digital Services Act” or “DSA”). We operate as a micro-enterprise under Article 19 DSA.

1. Moderation Policy

We apply our Prohibited Activities policy (Section 8) and all applicable law diligently, objectively, and with due regard for the fundamental rights of our users, including freedom of expression and privacy. Where we restrict or remove content, suspend or terminate accounts, or reduce visibility of content, we act on one or more of the following grounds:

(a) the content is illegal under EU law or the law of a Member State;
(b) the content violates these Legal Terms;
(c) we have received a valid order from a Member State authority; or
(d) continued availability poses a serious risk to other users or third parties.

2. Automated Means

We may use limited automated means (such as hash-matching for known child sexual abuse material) to detect specific categories of illegal content. Final moderation decisions against specific user content are reviewed by a human before action is taken, except in cases of manifestly illegal material where immediate action is required.

3. Notice and Action — Reporting Illegal Content

Any person may notify us of content on the Services they believe to be illegal, in accordance with Article 16 DSA. Our notice and action procedure, including the information a notice must contain and what happens after you submit one, is published at https://ohmylore.app/dsa/notice. Notices may be submitted by email to support@ohmylore.app with the subject line “DSA notice”.

4. Statement of Reasons

If we take action against your content or account on a ground other than your own request, we will provide you with a statement of reasons explaining the action, its scope, the facts relied on, whether automated means were used, the legal or contractual basis, and your possibilities of redress, in accordance with Article 17 DSA.

5. Appeal and Redress

You may contest any moderation decision by replying to the statement of reasons, by contacting us at support@ohmylore.app, by using the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr, by complaining to the Czech Digital Services Coordinator (Český telekomunikační úřad, https://www.ctu.cz), or by seeking judicial redress.

6. Point of Contact for Authorities and Users

Our DSA point of contact for Member State authorities, the European Commission, the European Board for Digital Services, and recipients of the Services is published at https://ohmylore.app/dsa and is reachable at support@ohmylore.app in English and Czech. Communications are reviewed by a human and are not handled solely by automated tools.

7. Suspected Criminal Offences

Where we become aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place, or is likely to take place, we will promptly inform the relevant law-enforcement or judicial authorities of the Member State(s) concerned, in accordance with Article 18 DSA.

8. Transparency Report

As a micro-enterprise, we are exempt from the transparency reporting obligations of Article 15 DSA. Should our size or classification change, we will publish annual transparency reports at https://ohmylore.app/dsa/transparency.

9. Content Moderation Records

We retain records of moderation decisions and statements of reasons for at least 6 months from the date of decision, for the purpose of accountability, appeal handling, and compliance with the DSA.

17. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a ‘Notification’). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

18. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

19. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

20. Governing Law

These Legal Terms are governed by and interpreted following the laws of Czechia, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence.

Tomáš Holocsy and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Prague, Czechia. If you are a consumer resident in the EU, nothing in this section deprives you of the protection of the mandatory consumer-protection laws of your country of residence, and you may bring proceedings to enforce your consumer rights in those courts in addition to the courts of Prague.

21. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance.

The seat of arbitration shall be Prague, Czechia. The language of the proceedings shall be Czech. Applicable rules of substantive law shall be the law of Czechia.

Consumer Arbitration Carve-out

Notwithstanding the above, if you are a consumer resident in the EU, binding arbitration shall apply only where you have expressly agreed to it after a Dispute has arisen. Nothing in this section prevents you from bringing an individual claim in the courts having jurisdiction over you as a consumer under applicable law.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

(a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:

(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and
(c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Online Dispute Resolution (EU Consumers)

If you are a consumer in the EU, you may use the European Commission’s Online Dispute Resolution (ODR) platform to resolve disputes with us: https://ec.europa.eu/consumers/odr. Our email address for ODR purposes is support@ohmylore.app.

This does not affect your right to bring proceedings in the courts of your country of residence under applicable consumer-protection law.

22. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

23. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;
  3. ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; and/or
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

24. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) EUR 100 OR (B) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE LEGAL TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING MANDATORY EU CONSUMER-PROTECTION PROVISIONS.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

25. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. your Contributions;
  2. use of the Services;
  3. breach of these Legal Terms;
  4. any breach of your representations and warranties set forth in these Legal Terms;
  5. your violation of the rights of a third party, including but not limited to intellectual property rights; or
  6. any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

26. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

27. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

28. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112
Sacramento, California 95834

Or by telephone at: (800) 952-5210 or (916) 445-1254

29. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

30. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Tomáš Holocsy
71 Jabloňová
Praha, Hlavní město Praha 106 00
Czechia

Phone: (+420) 793 913 700
Email: support@ohmylore.app