1. Introduction

The operator of the Lunarium mobile application (hereinafter referred to as the "Application") is the company Lunarium s.r.o., ID No.: 14025957, with registered office at Záhřebská 157/24, 120 00 Prague 2, Vinohrady, tel. +420 702 119 863 (hereinafter referred to as the "Company").These Membership Terms govern the basic rules for the purchase, creation and termination of membership in the Application, which establishes a contractual relationship between the Company and the user of the Application. The User who downloads and installs the Application on a mobile phone or other device with iOS or Android operating system (hereinafter referred to as the "User") and further uses the Application agrees to these Membership Terms. When using the Application, the User is obliged to comply with these Membership Terms, the Terms of Use of the Lunarium mobile application, the terms and conditions of the operator of the store enabling the download of this Application, namely AppStore or Google Play, good morals and to comply with the applicable laws of the Czech Republic.

2. Application download and installation

Membership in the Application can be obtained by Users who have downloaded and subsequently installed the Application on their mobile or other device from a third party (the operator of an app store, namely AppStore or Google Play). Some features of the Application are only available if your mobile or other device is connected to the Internet.

3. User registration and login to the Application

The Application is intended for all Users interested in using the Application and participation in its use is voluntary. The content of the Application is made available to registered and logged-in Users upon payment of the subscription fee in the amount specified in Article 4 of the Membership Terms.Registration of a new user account is done via a form in the Application and requires the provision of personal data at least to the extent necessary for the unique authentication of the User.After downloading and installing the Application on their mobile or other device, the User fills in their first and last name, enters their email address, which serves as a username, and selects a password to access the Application. The User then confirms that he/she has read the Membership Terms, the Terms of Use of the Lunarium Mobile Application and the Personal Data Processing Policy by ticking the appropriate box. The User's registration process for the Application is hereby successfully completed.A User who has already registered for the Application in the manner described above and has set his/her username (email address) and password may log in to the Application. When logging in to the Application, the User shall fill in his/her username (email address) and password that he/she set when registering for the Application.User's username and password are for User's personal use only and should be kept confidential. Any misuse of the username password is the responsibility of the User.

4. Purchase a membership in the Application

The content of the Application is made available to registered and logged-in Users of the Application upon payment of a subscription fee, which will purchase membership in the Application and create a contractual relationship between the User and the Company. The subject of the contract concluded between the Company and the User is the service consisting in the use of the selected subscription variant of the Application under the terms and conditions set out in these Membership Terms and the Terms of Use of the Lunarium Mobile Application. The provision of the service consists in making available to the User selected functions of the Application after proper registration and establishment of a user account in accordance with Article 3 of these Membership Terms and Conditions and payment of the selected subscription version. The Agreement is always concluded for the duration of the subscription.The option to pay the subscription fee is available to Users at the app store operator, namely AppStore or Google Play, which manages the User's membership in the Application.Membership in the Application can be purchased by paying a subscription fee in two variants at the discretion of the User, namely:Monthly membership option, in which the User pays a monthly subscription fee of 99 CZK. The subscription fee is paid by the User through and in accordance with the terms and conditions of the app store operator, namely AppStore or Google Play, in advance each month at a monthly interval, which the User is informed of before purchasing the membership. If the User does not cancel his/her monthly membership before the end of the current subscription period, the subscription will automatically renew at the end of the relevant monthly membership period.
Annual membership option, where the User pays an annual subscription fee of CZK 1,099. The subscription fee is paid by the User through and in accordance with the terms and conditions of the app store operator, namely AppStore or Google Play, in advance each year at an annual interval, which the User is informed of before purchasing the membership. If the User does not cancel his/her annual membership before the end of the current subscription period, the subscription will automatically renew at the end of the relevant annual membership period.Other than payment for the selected subscription version, the Company does not require the User to make any deposits or similar payments. The Company does not charge any costs for the means of distance communication, but this does not exclude the costs paid by the User on behalf of the User to its supplier of distance communication services for the means of distance communication or its use.

5. Cancellation of membership in the Application

Registration in the Application is not limited in time, and the User may voluntarily cancel the registration in the Application at any time. Cancellation of the monthly membership option and cancellation of the annual membership option will take effect on the day after the last day of the respective membership period. The Company will not provide the User with any refunds for any partial subscription period.The option to stop paying the subscription fee, and therefore cancel the membership in the Application, is available to Users from the app store operator, namely AppStore or Google Play, which manages the User's membership in the Application. In order to cancel the membership in the Application, the User is obliged to follow the terms and conditions and the procedure of the App Store operator after cancellation of the membership.

6. Responsibility for defects

The Company shall be liable to the User that the Application conforms to the agreed description and scope as well as quality, functionality, compatibility, interoperability and other agreed features and is suitable for the purpose for which the User requires it and to which the Company has agreed. The Company further represents to the User that, in addition to the agreed features, the Application is fit for the purpose for which digital content of this type is normally used and is consistent in scope, quality and other performance characteristics with the usual characteristics of digital content of the same type that the User can reasonably expect. The Application corresponds to the preview made available by the Company prior to entering into the Agreement.If the Application has a defect, the User may request its removal, unless it is impossible or unreasonably expensive to do so. The reasonableness of the cost or impossibility of removing the defect shall be assessed with respect to the significance of the defect and the value that the digital content of the Application would have without the defect. The Company shall remedy the defect within a reasonable time after the defect has been identified. The User may raise defects in the Application that become apparent during the term of the Membership by emailing info@lunarium.app.

7. Withdrawal from the contract, reasonable discount on the price of the subscription to the Application

The User shall be entitled to withdraw from the contract concluded between him and the Company without giving any reason within 14 days from the date of purchase of the membership in the Application, whereby the withdrawal period shall be deemed to be maintained if the User sends a notice to the Company within the withdrawal period that he is withdrawing from the contract. There is no penalty associated with withdrawal. However, the User may only withdraw from the contract until the digital content of the Application is made available. In the event that the User agrees to make the digital content of the Application available to the User when purchasing the membership of the Application before the expiry of the period of 14 days from the date of purchase of the membership of the Application, and the digital content of the Application is thus made available to the User before the expiry of the withdrawal period, the User shall lose the right to withdraw from the contract without giving any reason within the period of 14 days. The User hereby acknowledges that by consenting to the disclosure of the digital content of the Application, the User's right to withdraw from the contract in accordance with these Membership Terms shall cease.The User may further withdraw from the Contract or demand a reasonable discount on the price of the Application subscription if the Company has not remedied the defect in the Application in accordance with Article 6 of these Membership Terms or if the defect continues to manifest itself after remedying the defect and the defect constitutes a material breach of the Contract. The reasonable discount on the Application subscription price shall be determined as the difference between the value of the Application without defect and the defective Application provided to the User. The User may not withdraw from the Contract if the defect is insignificant.Any sums of money that the Company has to return to the User due to defective performance or withdrawal from the contract shall be returned by the Company at its own expense without undue delay, but no later than 14 days from the date on which the User exercised the relevant right of defective performance with the Company.The right of withdrawal can be exercised by the User by filling in the sample form and sending it to the e-mail address info@lunarium.app.

8. Applicable Law, Out-of-Court Dispute Resolution, Changes to the Membership Terms

The legal relationship between the Company and the User is governed by the applicable laws of the Czech Republic. Any disputes arising between the Company and its User shall be settled by the courts of the Czech Republic, the local jurisdiction shall be governed by the registered office of the Company. This in no way affects the User's rights as a consumer.If the User is in a position to the Company and if the performance of a consumer contract occurs in the Czech Republic, the User has the right to out-of-court settlement of a consumer dispute. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes. Out-of-court dispute resolution is initiated upon the User's proposal, which the User is entitled to submit no later than 1 year from the date on which he/she first exercised his/her right, which is the subject of the dispute, with the Company.These Membership Terms may be amended by the Company at any time, effective as of the date the new Membership Terms are posted on the Application. In the event that the User does not agree to the new Membership Terms, the User may discontinue use of the Application and uninstall the Application from his/her device at any time, without prejudice to the User's right to do so at any time during the use of the Application. The invalidity or ineffectiveness of any provision shall not render the other provisions of these Membership Terms invalid or ineffective. Such invalid or ineffective provision shall be replaced by the provision whose meaning most closely approximates the invalid/ineffective provision.