Business Terms and Conditions for Using the Disputio Platform

1. These conditions adjust the rights and obligations of users using the Disputio platform and operator’s website at https://www.disput.io (hereinafter the "Website”).
2. The operator of the Disputio platform is Catallaxy, s.r.o., identification number 106 76 201, registered address Na Paloučku 323, 267 18 Hlásná Třebaň, entered in the trade register of the Municipal Court in Prague file reference C 346423.
3. Services provided on our website consist of the operation and ensuring availability of the Disputio platform - a space where users who are looking to settle their disputes via this platform are connected to Guides, who strive to motivate the disputing parties to find an amicable solution and to guide both parties to a successful agreement. The opening of a dispute and participating in the process is completely voluntary; it is only up to the parties whether they reach an agreement or not.
4. The operator merely operates the website - the platform, i.e., provides technical operation of the website, administration, and operation of the platform that allows communication between the users and settling of their disputes. The operator is not an agency as per Section 58 et seq. of Act No. 435/2004 Coll, the Employment Act, as amended. The operator is also not a mediator of a contractual relationship as per Section 2445 et seq. Act No. 89/2012 Coll., the Civil Code, as amended.
5. Our Principles of Personal Data Protection and Cookies Policy form an integral part of these Conditions.
6. The use of third-party websites, applications, or any other software (such as a payment gateway) may be governed by a valid and updated licensing agreement or the business terms and conditions of this third party.
7. If you have any questions, you can contact us at the following e-mail address: bosak@disput.io, or at the following telephone number: +420 732 318 785

These conditions use certain terms and abbreviations that might not be clear. Here we provide a list of these terms and abbreviations:

• Operator = company Catallaxy, s.r.o., identification number 106 76 201, registered address Na Paloučku 323, 267 18 Hlásná Třebaň, entered in the trade register of the Municipal Court in Prague file reference C 346423.
• User = a term used to refer to everyone who registered in the Disputio platform, i.e., both Participants and Guides
• Participant = user who registered in the platform to settle their dispute with another Participant via the Disputio platform
• Guide = a user who registered into the platform to help the Participants settle their Disputes and to guide the Participants to an amicable solution
• Disputio platform = a web application available through a website that can be used by the Participants and the Counsellors to settle their Disputes
• Services = services provided by the Operator, i.e., operation of the Disputio platform including the technical operation of the website and the application, including administration and operation of the Disputio platform (user interface for opening Disputes, a place for private communication, sharing of documents, etc.)
• Terms and Conditions = these business terms and conditions and conditions of use
• User Account = account of a User registered in the Disputio platform
• Dispute = a unified process of solving mutual problems of the Participants within the Disputio platform interface
• Amicable Agreement  = a legally non-binding agreement of the Participants on how to resolve their dispute. The Participants are guided towards this agreement by the Counsellor but it is solely up to them whether they reach it or not

1. In order to use the Services, the Users must first register in the Disputio platform and create their user account.
2. Personal data provided by the User within the registration, as well as provided documents, are processed in accordance with our Principles of Personal Data Protection. For now, all you need to know is that we basically do not care about the identity of the Participant and all data and documents uploaded to the Disputio platform will remain stored on our servers only for the duration strictly necessary for the settlement of the Dispute, whereas they will be disclosed only to invited parties and the selected Guide.
3. Registration (creation of the User Account) can only be completed if you accept these Terms and Conditions. When registering as a Guide, you also need to activate your user account. We will activate the account after you provide proof of the required qualification or willingness to study the provided materials and take the offered courses.
4. Upon registration a licensing agreement is concluded between the User and us on the use of the Disputio platform in the Saas (Software as a Service) model. The License Agreement is concluded at the moment when the User expresses the will to conclude this License Agreement by creating an account through one of the options in the login form "login/register" on the Disputio platform.
5. In this Service provision phase the license is provided as free of charge for all Users. However, we reserve the right to charge for the license in the future (of course this will only affect disputes created after this change becomes effective).
6. The license obtained by the User upon concluding the licensing agreement represents the right for the duration of the Service provision to use all functions of the Disputio platform in all its modifications (web and mobile application) in the User Interface in the scope made available based on the User’s role in the Dispute (Participant x Guide). The User is not allowed to assign or grant a sub-license unless agreed otherwise with us. The User is not authorized to alter or analyze the Disputio platform using reverse engineering. The license does not include the right to use the business name of the Disputio platform or of our company. We will continue to develop the Disputio platform and add new functions based on the needs of the Users; however, we are also entitled to limit or end the operation of the Disputio platform at any time. In this case, the Users will be informed sufficiently in advance.
7. We reserve the right to refuse to create a new user account or to block or delete and existing profile for justified cases for serious reasons. This can happen namely if we have reasonable doubt about the authenticity of data provided by the User, if the User acts in conflict with the law on the Disputio platform or also if the User breaches some of the provisions stipulated herein.
8. The Agreement is concluded for as long as the User Account exists.

1. The Dispute settlement process can start in one of two ways:
   
   • Opening by a Participants; and
   • Opening by a Guide.
2. The Participant can always open a Dispute by filling in and uploading all required information and documents for resolving the Dispute and sending an invitation to other parties via the Disputio platform.
3. As soon as these parties accept the invitation, the Dispute becomes active and is displayed within the Disputio platform to active Guides who can choose to accept it. As soon as a Guide takes on the Dispute, it disappears from the list and is no longer available. Until the Guide bindingly accept the Dispute, the whole matter is completely anonymous and they only see the nicknames of the Participants and the problem description.
4. If a Guide opens a Dispute, they will send the invitations to the Participants. The rest of the process is similar. As soon as the Participants accept the invitations, the Dispute becomes active but is not displayed to Guides.
5. The following procedure is the same for both situations; the Guide takes on their role, communicates with the Participants within the Disputio platform and strives to motivate and guide them to an agreement on how to amicably settle the situation. In the user interface the Participants may submit their statements, documents and react to statements of other Participants, etc.
6. Ideally, the Participants will find a common ground and will be able to reach a solution that will be acceptable for both parties. Such a solution is then presented in the form of an Amicable Agreement that remains available to the Participants within their User Account so that the Participants can follow it. If a solution cannot be found, the Guide will close the Dispute as unsolved.
7. In order to prevent the unnecessary holding of User data, the communication of inactive and closed Disputes is deleted after three months.

1. In particular, all Users are obligated to  register in the Disputio platform and open Disputes only if they are genuinely interested in finding a solution for the Dispute, to refrain from being aggressive and to treat other User with respect.
2. Please note that we will not tolerate spam, botting, uploading of viruses, vexation or other behaviour on the Disputio platform that indicates dishonest intentions of the Users of the platform, whereas such a behaviour may be "rewarded” by a hardware ban.
3. The Amicable Agreement, if concluded between the Participants, will be available in the application 3 months after the Dispute is resolved so that it can be viewed by the Participants.
4. Participants and Guides also acknowledge that after the Dispute is successfully solved (Amicable Agreement is concluded), based on the Amicable Agreement Guides shall create an example - Model case that will be anonymized so as not to leave specific identifying information of the Participants in it, and such anonymized version will be uploaded to the registry of model cases that is used as an inspiration by other Guides. Manuals on how to anonymize agreements are available to Guides in the user interface; however the Guides themselves are responsible for proper anonymization.
5. Within their operations on the Disputio platform namely, when resolving Disputes, the Guides are obligated to follow the Guide Code and to comply to the fullest extent possible with its obligations under these Terms and Conditions, in particular the obligation to protect confidential information under Article VI of these Terms and Conditions .
6. If a User Account is restricted, blocked or completely deleted due to a breach of any of the obligations stipulated herein we are authorized to close all active Disputes managed by this User without any further warning and/or to reassign the open Disputes to a different Guide, and to delete all data uploaded by this user into the Disputio platform. Any Amicable Agreements will be sent to the email address registered for the given account. We shall not be held liable for any damage caused by the deletion of data
7. If a User Account is deleted by the User, they are required to backup all data uploaded to the Disputio platform before requesting the deletion. We will delete all associated data on the 30th day after the account termination. We shall not be held liable for any damage caused by the deletion of data.

1. All users are obligated to maintain the confidentiality of all information obtained on the Disputio platform, namely during the process of solving Disputes, regardless of whether they are the Participant or Guide (personal data, documents, communication between the Users, etc.) (hereinafter referred to as “Confidential Information”). In case there are more people acting on the side of the User who could come into contact with Confidential Information, the User is obligated to bind everyone with the non-disclosure obligation in the same scope as the User based on these Terms and Conditions.
2. The non-disclosure obligation means the obligation to refrain from any actions that could in any way disclose or share confidential information with a third party or lead to its use in conflict with its purpose for the personal needs of the User or a third party, or that would allow a third party to use the information in any other way.
3. The non-disclosure obligation does not apply to information that has become publicly known in a legal way already before the conclusion of this contract on Service provision. Disclosure of confidential information to persons bound by a non-disclosure obligation (lawyer, notary, etc.) does consider a breach of the non-disclosure obligation.
4. The non-disclosure obligation remains effective for the whole duration of this agreement and 5 years after its termination.
5. In the event of a breach of the obligation of confidentiality by the Participants or the Guide, such breach of duty may cause material and non-material damage to other Participants or the Guide. In such a case, you agree to indemnify each other for any material and non-material damage caused by the breach.
6. All Users acknowledge that in the event of a breach of confidentiality by Participants or Guides, we are not liable for any damage caused by such persons and that any rights and claims must be asserted directly against such persons.

1. We do not guarantee the availability of the Disputio platform in any of its modifications and shall not be held liable for damage caused by its unavailability. In addition, we are not liable for damage or data loss that occurs during the use of the Disputio platform if these were caused by the User, third parties or obstacles that arose independently of our will, or for damage caused by using the Disputio platform in conflict with the Terms and Conditions, our instruction, unprofessional interference into the Disputio platform, insufficient securing of the User’s local network or hardware, a hacker attack or other such external action, or damage caused by the incorrect function of third-party software installed on the User’s device.
2. However, the web version of the Disputio platform requires a device with Google Chrome version 77 and higher, Mozilla Firefox version 69 and higher, Internet Explorer version 11 and higher, Safari version 9.0 and higher; the mobile version of the application requires Android operating system version 13 and higher and/or iOS version 16 and higher. Users acknowledge that browser settings may need to be adjusted for the Disputio platform to function.
3. We are not liable for damage caused by entering false, deceptive or misleading information into the Disputio platform by another User, for availability, content and functionality of third-party websites, or for damage caused by third parties with whom the User came into contact via our Services.
4. If the Disputio platform contains User references or reviews, we are not liable for damage caused by these being followed by the User. We do not verify these references and ratings and usually do not otherwise correct them.
5. Please note that the information provided on the Disputio platform does not constitute legal advice or guarantee that you will be able to resolve your dispute.

1. A user who registered in the Disputio platform and created their User Account, whereas they concluded an agreement as per Article II hereof, is to be considered a customer if they are a natural entity who intends to settle Dispute outside of their business activities. As per Section 1820 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the Civil Code), customers must be provided with certain information.
   
   • The license is provided free of charge.
   • As the licensing agreement, in this case, represents an agreement on the provision of digital content, the customer as per Section 1837 l) of the Civil Code is entitled to withdraw from the agreement without a reason within 14 days, as is standard in other situations. However, the User can still deactivate their account at any time, even after the end of this 14-day period.
   • In case of a dispute that cannot be settled amicably, customers are entitled to contact the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Praha 2, (https://www.coi.cz/informace-o-adr) in order to seek an out-of-court settlement.

1. These Terms and Conditions can be unilaterally amended or supplemented, namely in necessary situations with regards to the method of Service provision, changes of the scope of Service and/or changes of legal regulations. The User will be informed about such changes in a suitable way (through the User Account and/or to the e-mail address provided during registration) at least 30 days before the changes take effect. If the User does not agree with the amended Terms and Conditions, they cannot continue to use the Disputio platform. If the User does not agree with the change of the Terms and Conditions, they are obligated to inform us at least a day before the planned effect of the changes of the Terms and Conditions by deactivating their User Account. If the User fails to do so and continues to use the Disputio platform after the changes enter into effect, this shall represent consent to the new Terms and Conditions.
2. If a provision of the Terms and Conditions is or becomes invalid or ineffective, provisions whose sense is as close as possible to the invalid provision will be used instead of such invalid provision. The invalidity or ineffectiveness of any provision is without prejudice to the validity and effectiveness of the other provisions. The invalidity or ineffectiveness of any provision only in relation to a particular entity or a group of entities is without prejudice to the validity and effectiveness of such provision with respect to other entities.
3. All legal relationships that arise from these Terms and Conditions are governed by Czech law, regardless of the home address or nationality of the User or where they accessed the Disputio platform from.
4. These Terms and Conditions are drawn up in English and in Czech language versions. In case of any dispute, the Czech language version shall prevail.
5. These Terms and Conditions enter into effect as of its publication on the website, i.e., on 28 March 2023