Spolumo Platform Terms of Service

1. Who we are and what these terms cover

[OP-1.1] The Spolumo platform ("Spolumo", "we") at spolumo.cz and in the mobile apps is operated by [[JMÉNO_PROVOZOVATELE]], a sole trader under the Czech Trade Licensing Act, company ID (IČO) [[IČO]], registered office [[ADRESA_SÍDLA]], entered in the Czech Trade Register. Contact: [[EMAIL_PODPORA]], phone [[TELEFON]].

[OP-1.2] We are not a VAT payer. All our prices are final.

[OP-1.3] These terms of service ("Terms") govern the use of Spolumo and the relationship between us and everyone who creates an account ("user", "you"). They form part of the contract on the use of the platform. They are supplemented by:

• the Community Rules (what is and is not allowed on Spolumo and how we moderate),
• the Privacy Policy and the Cookies and Storage Policy,
• for providers, the Rental Terms (Czech only) and the Coach Terms (Czech only).

[OP-1.4] Definitions:

• Activity – a one-off or recurring sports session created by a user. Event – an occasion with a fixed date (a community or official race). Group – a circle of people who meet regularly.
• Organizer – the user who created or leads an activity, event or group.
• Marketplace – the part of Spolumo with used gear (listings selling equipment), rentals (offers to rent equipment) and lessons (offers from coaches).
• Provider – a user who offers goods or a service on the Marketplace: a seller of used gear, a rental shop, a coach, a venue.
• Trader – a provider acting in the course of their business (has a company ID, trades, sells repeatedly for profit). Non-trader – a private person who sells or rents occasionally.
• Consumer – a natural person dealing with a trader outside their business.
• Paid services – the Plus, Organizer Pro, Coach Pro, Club, Venue and City plans, partner challenges and listing promotion, which are provided by us.

2. Account

[OP-2.1]Age 18+. Only a person over 18 may create an account. Young people use Spolumo only within a club or a lesson arranged for them by a legal guardian or a coach; a child does not have an account of their own.

[OP-2.2] Provide truthful information when registering. The account is personal, non-transferable and you protect it yourself (access to your email, Google or Apple account). One person has one account; an organization (club, venue, rental shop) acts through the account of its responsible person.

[OP-2.3] The contract on use is concluded for an indefinite period at the moment you confirm during registration that you agree to the Terms and acknowledge the Privacy Policy; we store the time and version of this confirmation. You can close the account at any time in More › Account › Delete account (instructions, also for those who cannot sign in: spolumo.cz/smazat-ucet). What happens to your data after deletion is described in the Privacy Policy (section 8).

[OP-2.4] Basic use of Spolumo is free. You pay for paid services only if you expressly order them (section 7).

3. Roles on Spolumo

[OP-3.1]Trader declaration. Anyone offering on the Marketplace must declare when creating the offer whether they act as a trader. A trader also gives us their name or company, address, phone, email, company ID and registration in a register, if any, and confirms that they offer only goods and services that comply with EU law. Next to the offer we then show others whether the provider is a trader and the trader's contact details.

4. Our position: we are an intermediary

[OP-4.1] Spolumo is an online platform that helps people find each other for sports, make arrangements and conclude agreements among themselves. We are not the organizer of activities or events, not the seller of used gear, not the lessor in rentals and not the provider of lessons, unless we expressly state otherwise for a specific offer (OP-4.4).

[OP-4.2] The contract on participation, purchase, rental or a lesson is concluded directly with the organizer or provider. They are responsible for what they promised: the course of the event, the condition of the goods, defects, refunds and safety. We are not a party to that contract and do not guarantee its performance.

[OP-4.3] Content (activities, listings, offers, messages, reviews, photos) is posted by users. We do not check it in advance and are not liable for it until we learn that it is illegal or violates these Terms. Then we act under section 10.

[OP-4.4]When we are the contractual partner. We are the contractual partner only for:

• Spolumo paid services (plans, promotion, partner challenges), see section 7,
• offers labelled "Operated by Spolumo", typically the equipment rental operated directly by [[JMÉNO_PROVOZOVATELE]]. These are subject to the Operator's General Rental Terms (Czech only).

[OP-4.5] We do not accept money on behalf of others. Until the payment gateway is launched, you pay the organizer or provider directly (bank transfer, QR code, cash). After the payment gateway is launched, the payment goes through the payment provider Stripe, which credits the money directly to the organizer's or provider's account. We show you the payment and refund terms before you pay.

[OP-4.6]You play sports at your own risk. Sport carries a risk of injury. Assess for yourself whether an activity suits your health, fitness and equipment. Levels and paces are stated by organizers; we do not verify them. We recommend accident and liability insurance. Meet in a public place.

5. Activities and events

[OP-5.1] The organizer is responsible for the truthfulness of the description (sport, place, time, distance, pace, level, capacity, price, required equipment) and for the event being able to take place (permits, venue booking, route safety).

[OP-5.2]Paid events. If the organizer wants money for participation, they state the price and what it includes before you sign up. An organizer who runs events for a fee on a regular basis is a trader and fulfils the obligations towards consumers under the Civil Code and the Consumer Protection Act. If the organizer cancels a paid event, they refund the amount paid.

[OP-5.3] Signing up is a commitment to show up. If you cannot, sign out so the place is freed for the waiting list. The organizer may take repeated no-shows into account.

[OP-5.4] A review after the event may only be left by someone who was signed up and after the event has taken place (section 11).

6. Marketplace: used gear, rentals, lessons

[OP-6.1]Used gear between private people. Most listings are from private persons (non-traders). Consumer rights under EU consumer protection law do not apply to a purchase from a private person (in particular the right to withdraw within 14 days without giving a reason). Rights for defective performance under the Civil Code between private persons apply, but to a lesser extent. Inspect and try the item before buying.

[OP-6.2]Used gear from a trader. For a trader's listing (OP-3.1) you have full consumer rights as a consumer against the trader: the right to withdraw from a distance contract within 14 days (Section 1829 OZ), rights for defective performance for two years from delivery (Section 2165 OZ); for used goods the trader may contractually shorten this period to no less than one year (Section 2168 OZ). Complaints are handled by the trader. Wear corresponding to previous use is not a defect (Section 2167(2) OZ).

[OP-6.3]Who handles complaints. Complaints, refunds or withdrawal are handled with the seller, rental shop or coach, not with Spolumo. We will help you make contact, and if a provider violates the Terms, we will intervene (section 10).

[OP-6.4]Prohibited offers. It is prohibited to offer on the Marketplace items and services that are illegal or dangerous, in particular weapons and ammunition, fireworks, medicines and supplements with banned substances, doping agents, counterfeits, stolen items, equipment subject to a safety recall (for example defective helmets or avalanche transceivers) and modified e-bikes that are no longer bicycles. The full list is in the Community Rules.

[OP-6.5]Rentals and lessons. The relationship between a rental shop and a customer is governed by the Rental Terms (Czech only), the relationship between a coach and a client by the Coach Terms (Czech only), and possibly by the provider's own terms shown to you before booking.

[OP-6.6]Deposit. Hand over a rental deposit only on site against receipt of the equipment and have it confirmed in the handover record. Spolumo does not hold deposits.

7. Spolumo paid services

[OP-7.1]Offer. The current plans, prices and contents are in the Price List in the app. Features marked "Coming soon" are not part of a plan until we launch them. Prices are final; we are not a VAT payer.

[OP-7.2]Order and conclusion of the contract. The contract for a paid service is concluded when you pay the order and we confirm it by email. Before paying you will see the total price for the chosen period and the price per month, the length of the subscription, how it renews and how to cancel it.

[OP-7.3]Payment and renewal. The subscription is paid in advance by card or another method offered by the payment gateway and renews automatically for the same period until you cancel it. At least 7 days before an annual subscription renews we send you a reminder. If you pay through the App Store or Google Play, payment, renewal and refunds are governed by the terms of the store where you paid.

[OP-7.4]Cancelling the subscription. You can cancel at any time in Profile › Plan › Cancel subscription, as easily as you subscribed. The service runs until the end of the paid period and then does not renew. We do not refund the unused period unless it is a withdrawal under OP-7.5 or our fault.

[OP-7.5]Withdrawal within 14 days (consumers only). If you are a consumer, you can withdraw from the contract for a paid service within 14 days of its conclusion without giving a reason (Section 1829(1) OZ). Just use the "Withdraw from contract" button in Profile › Plan, the model form in Annex 1 or an email to [[EMAIL_PODPORA]]. We will confirm receipt of the withdrawal by email.

• If you expressly asked us to start the service immediately and you withdraw within 14 days, you pay a proportionate part of the price for the time the service was running (Section 1834 OZ). We refund the rest within 14 days using the same payment method.
• Listing promotion for 7 days is a service provided in full immediately. If you expressly agreed to the start and acknowledged that you thereby lose the right of withdrawal, you cannot withdraw once it has been fully provided (Section 1837(a) OZ).

[OP-7.6]Founder offer. [[ZAKLADATELSKÁ_NABÍDKA]]. A pre-order is non-binding and you pay nothing until we launch the payment gateway. Then we will ask you to confirm the order at the founder price.

[OP-7.7]Plans for organizations (B2B). The Organizer Pro, Coach Pro, Club, Venue and City plans and partner challenges are intended for businesses and organizations. By ordering you confirm that you act in the course of your business or on behalf of an organization; consumer protection provisions (including OP-7.5) do not apply to you. For the City plan and partner challenges we conclude a separate contract. We issue the invoice to the details you enter.

[OP-7.8]Complaints about a paid service. If a paid service does not work as it should, write to [[EMAIL_PODPORA]] as soon as possible after discovering the problem; your rights for defects last for the whole time we provide the service. We will confirm receipt of the complaint and handle it without undue delay, within 30 days at the latest. If we do not fix the defect, you have the right to a reasonable discount or a refund of a proportionate part of the price, or you may withdraw from the contract (Sections 2389a et seq. OZ for digital services).

[OP-7.9]Price changes. We may change the subscription price with effect from the next billing period. We will notify you of the change at least 30 days in advance by email. If you do not agree, cancel the subscription; the original price applies until the end of the paid period.

8. Commission and intermediary fees

[OP-8.1] Until we launch the payment gateway, we charge no commission or intermediary fees.

[OP-8.2] After the payment gateway is launched, for payments through Spolumo we will charge the provider or organizer a commission according to the Price List (planned: paid events 5% + CZK 5, with the Pro plan 3% + CZK 3; rentals 10%, 0% during the pilot; lessons 10%, with Coach Pro 5%). The commission includes the card payment fee. We will notify providers of changes to the Price List at least 15 days in advance (Art. 3(2) of Regulation (EU) 2019/1150, "P2B").

[OP-8.3] We charge participants and customers no service fee unless it is expressly stated before payment.

9. User content

[OP-9.1] You are responsible for the content you post. Post only content you have the rights to, and photos of other people only with their consent.

[OP-9.2]License. By posting content you grant us a non-exclusive, royalty-free, worldwide license to store the content, display it to others according to the visibility you chose, adapt it technically (resizing photos, translation) and use it to operate Spolumo, for as long as the content is on Spolumo. For promotion of Spolumo (for example a photo from an event on social media) we will always ask for your separate consent.

[OP-9.3] The rules on what is prohibited are in the Community Rules.

10. Moderation, reports and appeals

[OP-10.1]Reports. Every piece of content has a Report button. A person without an account can also report via the form at spolumo.cz/nahlasit or by email to [[EMAIL_DSA]]. A report should contain: (a) why you consider the content illegal or in breach of the Terms, (b) a link to the content, (c) your name and email (except for reports of child abuse), (d) a statement that you provide the information in good faith. We confirm receipt and inform you of the outcome (Art. 16 DSA).

[OP-10.2]How we decide. Reports are assessed by a human, usually within 24 hours, with priority for safety threats. We may use automatic filters to detect spam (for example a message limit for new accounts), but a human always decides on restricting an account or removing content. We act diligently, objectively and proportionately, with regard to freedom of expression and the other rights of users (Art. 14(4) DSA).

[OP-10.3]Measures. Depending on severity we may: hide or remove content, limit its visibility, block features (messages, creating activities, Marketplace), temporarily suspend or close the account. In case of a serious breach (safety threat, fraud, harassment) we may act immediately.

[OP-10.4]Statement of reasons. When we restrict your content or account, we send you a statement of reasons: what we did and for how long, why (the facts and whether it was based on a report), whether we used automated tools, which rule or law was breached and how you can challenge it (Art. 17 DSA).

[OP-10.5]Appeals. You can appeal against a decision within 6 months in the app or at [[EMAIL_DSA]]. The appeal is reviewed by a different person than the one who decided, where possible, and we reply within 14 days. You also have the right to go to court or to the supervisory authority.

[OP-10.6]Providers (traders). If we restrict or suspend the offers of a provider who is a trader, we will tell them the reasons no later than when the restriction takes effect. We will notify termination of the cooperation at least 30 days in advance with a statement of reasons, except in the cases under Art. 4(4) P2B (legal obligation, repeated infringement, fraud or a safety threat).

[OP-10.7]Criminal offences. If we become aware of information giving rise to a suspicion of a criminal offence threatening the life or safety of persons, we will report it to the Czech Police (Art. 18 DSA).

[OP-10.8]Repeated misuse. A user who repeatedly posts manifestly illegal content or submits manifestly unfounded reports may, after a prior warning, have their account or the processing of their reports temporarily suspended.

11. Reviews

[OP-11.1] An activity or organizer may be reviewed only by a participant who was signed up for the activity after it has ended. A rental shop, coach or seller may be reviewed only by a party to a completed booking or sale (status "Returned", "Completed" or "Sold"). This is how we verify that the review comes from a person who actually used the service (Section 5a(5) ZOS).

[OP-11.2] We do not delete reviews because they are negative. We remove reviews that violate the Community Rules (insults, personal data, unrelated to the event) or are manifestly fake. Reviews for payment or in exchange for a benefit are prohibited.

12. How we rank and recommend

[OP-12.1]Activities and events are ranked by: (1) distance from you or the chosen city, (2) date and time (soonest first), (3) match with the sports, level and pace in your profile, (4) free places. Time and distance have the greatest weight.

[OP-12.2]The Marketplace is ranked by default by: (1) promotion (paid highlighting of a listing for 7 days, always labelled "Promoted"), (2) distance, (3) date posted. For lessons, profiles with the Coach Pro plan take precedence in the results and are labelled. You can change the order (price, distance, newest).

[OP-12.3]Operator's offers. Offers provided directly by the operator of Spolumo (OP-4.4) are labelled "Operated by Spolumo" and are not favoured in ranking over other providers.

[OP-12.4]Partner challenges are always labelled "Partner" and do not look like ordinary content.

[OP-12.5] Recommendations do not use profiling for advertising. You will also find this information next to search results under the link "How we rank".

13. Points of contact

[OP-13.1]For users (Art. 12 DSA): [[EMAIL_PODPORA]] or the form in the app (Profile › Help). A human replies, not just a bot. We communicate in Czech and English.

[OP-13.2]For public authorities, the Commission and the European Board for Digital Services (Art. 11 DSA): [[EMAIL_DSA]], in Czech or English.

14. Liability

[OP-14.1] We operate Spolumo with professional care, but we do not promise uninterrupted availability. We announce maintenance in advance where possible.

[OP-14.2] We are not liable for damage users cause to each other, for the course of activities or for the performance of contracts between users (section 4). We are not liable for the accuracy of data from users and third parties (OpenStreetMap maps, snow reports, venue data).

[OP-14.3] Nothing in these Terms excludes or limits liability for death or personal injury, for damage caused intentionally or by gross negligence, or any other liability that cannot be limited towards a consumer (Section 2898 OZ).

[OP-14.4] Towards traders (B2B), our total liability for damage is limited to the amount they paid us in the last 12 months, with the exceptions under OP-14.3.

15. Artificial intelligence features

[OP-15.1] Some features (for example "Suggest with Claude" for an activity description or a question in the nutrition advisor) use the Claude artificial intelligence model by Anthropic. AI texts are labelled and are a suggestion that you should check before using. The AI does not give medical or nutritional advice.

[OP-15.2] Do not enter other people's personal data or data about your own health into AI requests. We do not send your weight or other data from your private settings to the AI.

16. Intellectual property

[OP-16.1] The Spolumo brand, logo, design and software belong to the operator. You may not use them without consent, except for ordinary sharing of links.

[OP-16.2] Map data: © OpenStreetMap contributors, ODbL license. Other data sources are listed in the app (Profile › About).

[OP-16.3] It is prohibited to bulk-download data from Spolumo (scraping), to circumvent security and to use Spolumo to send advertising.

17. Changes to the Terms

[OP-17.1] We may change the Terms because of a change in the law, new features, security or a change in the business model. We will notify you of a change by email or in the app at least 15 days before it takes effect (for providers who are traders this is the minimum under Art. 3(2) P2B). If you do not agree with the change, you can terminate the contract before it takes effect by deleting your account or subscription, free of charge.

18. Dispute resolution and governing law

[OP-18.1] Send complaints to [[EMAIL_PODPORA]]. We reply within 30 days.

[OP-18.2]Out-of-court resolution. If you are a consumer, you can resolve a dispute about a paid service out of court with the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, adr.coi.cz (Section 14 ZOS). Disputes with organizers and providers are resolved with them.

[OP-18.3] The Terms are governed by Czech law. If you are a consumer residing in another EU country, you do not lose the protection given to you by the law of your country that cannot be excluded by contract. Czech courts have jurisdiction unless the law gives the consumer another option.

[OP-18.4]Supervision. Compliance with consumer law is supervised by the Czech Trade Inspection Authority (coi.gov.cz), personal data protection by the Office for Personal Data Protection (uoou.gov.cz) and P2B and the DSA by the Czech Telecommunication Office (ctu.gov.cz).

19. Final provisions

[OP-19.1] If the operation of Spolumo is transferred to a company (for example an s.r.o. founded by the operator), the rights and obligations under these Terms pass to it. We will notify you of the transfer in advance and you may close your account without penalty.

[OP-19.2] The Terms are available in Czech, English, Slovak, Polish and German. Translations are for information only; in case of any discrepancy, the Czech version prevails unless the law provides otherwise.

[OP-19.3] Previous versions of the Terms are archived at spolumo.cz/podminky/archiv.

Annex 1: Model withdrawal form

(complete and return this form only if you wish to withdraw from a contract for a paid service; the easiest way is the "Withdraw from contract" button in the app)

To: [[JMÉNO_PROVOZOVATELE]], [[ADRESA_SÍDLA]], email [[EMAIL_PODPORA]]

I hereby give notice that I withdraw from my contract for the provision of the following service: ______________________

Ordered on: __________ · Account email: __________________

Name of consumer: ______________________

Address of consumer: ______________________

Date: __________ · Signature (only if this form is notified on paper): __________

Annex 2: Provider declaration on the Marketplace

Text of the checkboxes when creating an offer (keys in texty-do-aplikace.json):

• ( ) I am offering as a private person. I understand that if I sell or rent regularly and for profit, I am a trader.
• ( ) I am offering as a business (trader). I will provide my name or company, company ID, address, phone and email. I undertake to offer only goods and services that comply with EU law and to fulfil my obligations towards consumers.