Terms of Use

The following terms of use (“Terms of Use”) constitute an agreement between you and Oscar Senior, s.r.o., having its place of business at Lidicka 971/25, 602 00 Brno, Czech Republic, with its business ID 05793131 (hereinafter called “Oscar”). This Terms of Use governs your use of Software and Services (as specified below).

For purposes of this Terms of Use "Software" means all software programs distributed, published or otherwise made available by Oscar including, but not limited to mobile applications and applications accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written materials or documentation, and any and all copies of such software and its materials.

“Services” means all services made available by Oscar, including but not limited to services accessed through mobile applications, by means of a browser or by other online communication method.

Software and Services are collectively referred to as “Oscar Services”.

THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF USE. BY INSTALLING, USING OR ACCESSING THE OSCAR SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE OSCAR SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS TERMS OF USE.

If you do not accept the terms of this Terms of Use, do not install, use or access the Oscar Services.

Accounts

Account Creation

In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. Company may suspend or terminate your Account in accordance with these Terms of Use.

Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Licences

SOFTWARE LICENSE. Subject to this Terms of Use and its terms and conditions, Oscar hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this Terms of Use. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Terms of Use is not to be construed as a sale of any rights in the Software.

SERVICE LICENSE. Subject to this Terms of Use and its terms and conditions, Oscar hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Oscar, for your personal non-commercial use, in the manner permitted by this Terms of Use. The rights granted herein are subject to your compliance with this Terms of Use.

LICENSE TERM. The term of your licenses under this Terms of Use shall commence on the date that you accept this Terms of Use and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Oscar's termination of this Terms of Use. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this Terms of Use.

OWNERSHIP; NO OTHER LICENSES. Oscar retains all right, title and interest in and to the Oscar Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Oscar Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Oscar Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Oscar. All rights not expressly granted to you herein are reserved by Oscar.

Third Party Services

Oscar Services may include links to third party services and/or the third party services may be made available to you via Oscar Services. These services may include, but are not limited to social media connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.

General Licence Conditions

You agree not to: (i) commercially exploit the Oscar Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Oscar Services, any copies thereof, or any passwords or usernames of Oscar Services, without the express prior written consent of Oscar or as set forth in this Terms of Use; (iii) make a copy of the Oscar Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Oscar Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Oscar Services or this Terms of Use, use or install the Oscar Services (or permit others to do same) on a network, for on-line use, or on more than one computer at the same time; (vi) use or copy the Oscar Services at a publicly shared computer or any other location-based site; provided, that Oscar may offer you a separate site license agreement to make the Oscar Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Oscar Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Oscar Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Oscar Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Oscar Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Oscar Services.

However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this Terms of Use

The Oscar Services may include measures to control access to the Oscar Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Terms of Use. Only Oscar Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Oscar Services will not function properly.

The Oscar Services may allow you to create content, including but not limited to complaints to air carriers (“Complaints”). In exchange for use of the Oscar Services, and to the extent that your contributions through use of the Oscar Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Oscar an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Oscar's use and enjoyment of such assets in connection with the Oscar Services and related goods and services under applicable law. This license grant to Oscar, and the above waiver of any applicable moral rights, survives any termination of this Terms of Use.

The Oscar Services may require an internet connection to access the Oscar Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Oscar Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Oscar Services. By using the Oscar Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your provider for further information. If you do not maintain such accounts, then the Oscar Services or certain features of the Oscar Services may not operate or may cease to function properly, either in whole or in part.

Information Collection and Use; Privacy Policy

By installing, accessing or using the Oscar Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.

Oscar respects your privacy rights and recognizes the importance of protecting any information collected about you. Oscar's privacy policy as amended from time to time is available at www.oscarsenior.com/privacy-policy ("Privacy Policy") and applicable to this Terms of Use. Oscar’s Privacy Policy defines how, why and to which extent Oscar collects and uses personal and non-personal information in relation to Oscar's products and services. By installing, accessing or using the Oscar Services you explicitly agree with the terms and conditions of Oscar’s Privacy Policy and to any terms and conditions included therein by reference.

Payment and Purchases

Oscar may license to you certain virtual goods to be used within Oscar Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.

Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.

Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and Oscar is not a party to the transaction.

Oscar may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Oscar shall have no liability to you or any third party in the event that Oscar exercises any such rights.

SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT OSCAR IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS TERMS OF USE WAS VOLUNTARY OR INVOLUNTARY.

Usage and Invoicing

Customer will pay all Fees for the Oscar Services. Oscar will invoice Customer all Fees for the Oscar Services. Oscar's measurement tools will be used to determine Customer’s usage of the Oscar Services. Customer may elect one of the following billing options, or from among other options offered by Oscar, when placing its order for the Oscar Services. Oscar may change its offering of billing options, including by limiting or ceasing to offer any billing option, upon thirty days’ written notice to Customer (which may be by email). Billing options may not be available to all customers. Customer may pay for the Oscar Services using the payment options listed below.

Monthly Plan

If Customer selects this option, Customer will not be committed to purchase the Oscar Services for a pre-defined term, but will pay for the Services on a monthly basis. Oscar will bill Customer: (i) Fees based upon Customer’s daily usage of the Services during the preceding month; and (ii) monthly in arrears for its use of the Oscar Services. Oscar will provide Customer with the monthly rate for the OscarServices when Customer orders the OscarServices, and will use this rate to calculate the Fees, on a prorated basis, for Customer’s daily usage during that month. Any partial day of OscarServices usages will be rounded up to a full day of OscarServices usage for the purposes of calculating Fees.

Annual Plan (Contract)

If Customer selects this option, Customer will be committed to purchasing the Oscar Services from Oscar for an annual term (or the period defined in the Contract). Oscar will bill Customer according to the terms associated with Customer’s elections on the Order Form.

Invoices

Payments for invoices are due seven days after the invoice date, unless otherwise specified on the Order Form, and are considered overdue after such date.

Overdue Payments

Customer’s payment of Fees is overdue if Oscar has not received it by the payment due date. If Customer’s payment is overdue, Oscar may (i) charge interest on the overdue amount at 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full, and (ii) Suspend or terminate the Oscar Services.

Customer will reimburse Oscar for all reasonable expenses (including attorneys' fees) incurred by Oscar in collecting overdue payments, except where such payments are due to Oscar's billing inaccuracies.

Taxes

Taxes are not included in the Fees. Customer will pay Taxes for the Oscar Services. If legally required, Customer will withhold Taxes from its payments to Oscar and provide a withholding Tax certificate. Unless Customer provides a timely and valid tax exemption certificate, Customer will pay any invoiced Taxes for the Services. Without limiting Customer’s obligation to pay Fees, Customer will withhold Taxes if legally required.

Price Revisions

Oscar may modify its Prices at any time unless otherwise expressly agreed in an addendum or Order Form. Oscar will notify Customer at least 30 days in advance of any Price increases.

Termination of Oscar Service

Agreement Term. This Agreement will remain in effect for the Term unless it expires or is terminated in accordance with the Agreement.

Renewal

With a Monthly Plan. With a Monthly Plan Customer is not committed to purchase the Oscar Services for a pre-defined term. As a result, there is no renewal event for the Monthly Plan. Rather, Oscar will continue billing Customer fees consistent with Payment Section above.

With an Annual Plan (Contract). At the end of each Order Term, the Services will renew consistent with Customer’s elections on the Order Form.

Generally

Customer may alter the number of End User Accounts to be renewed via the Web Dashboard. Customer will continue to pay Oscar the then-current Fees for each renewed End User Account unless Customer and Oscar mutually agree otherwise. If one party does not want the Oscar Services to renew, then it will provide the other party written notice to this effect at least fifteen days before the end of the then current Order Term. This notice of non renewal will be effective upon the conclusion of the then current Order Term.

Termination for Breach

Either party may terminate the Agreement if the other party: (a) is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.

Termination for Inactivity

Oscar reserves the right to terminate the Agreement and the provision of the Services upon 30 days advance notice if, for a period of 60 consecutive days, Customer, including any End Users: (a) has not accessed the Web dashboard or (b) has not used the Oscar Services.

Effects of Termination

If the Agreement terminates or expires, then all Order Forms also terminate or expire, as applicable. If the Agreement terminates or expires, then: (a) all rights and access to the Oscar Services under the Agreement will terminate (including access to Customer Data); and (b) Oscar will send Customer a final invoice.

Warranty

Warranty for Physical Software Products

Oscar warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. If mandatory legislation in your jurisdiction requires longer in excess to the aforementioned 90 days, the length of the warranty is amended accordingly. If for any reason you find a defect in the physical storage medium during the warranty period, Oscar agrees to replace, free of charge, any physical storage medium and related Software discovered to be defective within the warranty period as long as the Software is currently commercially distributed by Oscar. If the Software is no longer available, Oscar retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the physical storage medium and the Software as originally provided by Oscar and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the warranty period described above.

When returning the Software subject to the limited warranty above, please send the original Software only to the Oscar address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.

No Other Warranties

NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE OSCAR SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. OSCAR, OSCAR’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. OSCAR, OSCAR’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE OSCAR SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE OSCAR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE OSCAR SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER OSCAR SERVICES OR THAT ANY ERRORS IN THE OSCAR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY OSCAR, OSCAR’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Limitation of Liability

IN NO EVENT WILL OSCAR, OSCAR’S’S AFFILIATES, OSCAR’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE OSCAR SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS TERMS OF USE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT OSCAR, OSCAR’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, OSCAR’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS TERMS OF USE AGAINST YOU.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS TERMS OF USE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL OSCAR’S, OSCAR’S AFFILIATES’, OSCAR’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE OSCAR SERVICES OR SIX EUROS (EUR 6,-), WHICHEVER LESS.

Other Terms and Conditions

TERMINATION: This Terms of Use will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Oscar Services. With regards to Software delivered on a physical storage medium you can end this Terms of Use by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.

EQUITABLE REMEDIES: You hereby agree that if the terms of this Terms of Use are not specifically observed, Oscar will be irreparably damaged, and therefore you agree that Oscar shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Terms of Use, in addition to any other available remedies.

AFFILIATE: For purposes of this Terms of Use, an “affiliate” or Oscar means any legal entity that is directly or indirectly controlled by Oscar for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.

INDEMNITY: You agree to indemnify, defend and hold Oscar, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Oscar Services pursuant to the terms of the Terms of Use; or (ii) your breach of this Terms of Use.

MISCELLANEOUS: This Terms of Use represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Oscar reserves the right, at its discretion, to change, modify, add or remove portions of this Terms of Use by posting the updated Terms of Use on Oscar’s website. You will be deemed to have accepted such changes by continuing to use the Oscar Services. If any provision of this Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Terms of Use shall not be affected.

GOVERNING LAW AND DISPUTE RESOLUTION. This Terms of Use will be governed by the laws of the Czech Republic without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.

Any dispute, controversy or claim arising out of or relating to this Terms of Use or the breach, termination or validity thereof shall be finally settled at Oscar's discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Czech Republic Chamber of Commerce. The arbitration shall be conducted in Brno, Czech Republic, in the Czech language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST OSCAR ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT SUPPORT@OSCARSENIOR.COM.

Last revised: March 9, 2023.