General Terms and Conditions
Version 2026-10
This is a translation for your convenience. The Slovak version is the binding one. Read the Slovak version
I. Introductory provisions
- These general terms and conditions (the “Terms”) govern the rights and obligations between Delta Production IT s. r. o., with its registered office at Kukučínova 2043/4, 069 01 Snina, Slovakia, company ID (IČO): 55 881 645, registered in the Commercial Register of the District Court Prešov, section Sro, file no. 46919/P (the “Provider”), and the users of the services the Provider provides through the domain www.splitgate.app (the “Website”).
- The Provider's contact details are:
- E-mail: support@splitgate.app
- Phone: +421940357570
- The services the Provider provides on the Website include, in particular but not only, recording and analysing race and training results, including outputs generated by artificial intelligence, ratings, leaderboards and leagues, finding training partners, and tools for coaches and operators of sports venues to manage clients, classes, bookings and events (the “Service”).
- The name of the Service is “Split Gate”. The Provider reserves the right to change the name of the Service at any time.
- A user of the Service is any natural or legal person who accesses the Service and uses the Service provided by the Provider through the Website (the “User”).
- Where a User who is a natural person meets the definition in Section 52(4) of Act No. 40/1964 Coll., the Civil Code, as amended (the “Civil Code”), that User is regarded as a consumer for the purposes of these Terms (the “Consumer”).
- Before using the Service, the User must duly and demonstrably become familiar with the Terms.
- A User who is a natural person must have reached the age of at least 16. The Provider's services are not intended for natural persons under 16.
II. The Service and changes to it
- The scope, content and individual functions of the Service are set out on the Website.
- The scope, content and individual functions of the Service made available to the User may differ according to the mode of the Service the User chooses. The Provider has the right, not the obligation, to offer several modes of the Service with different content and scope.
- The Service may be provided only after the User registers on the Website, in one of these forms:
- free of charge in accordance with art. IV point 1 of the Terms, or
- free of charge in accordance with art. V point 1 letter c) of the Terms, or
- free of charge for the duration of the trial period under art. VI of the Terms, or
- for payment, where letters a) to c) do not apply to the provision of the Service,
- in another form on the basis of a separate specific agreement with the Provider.
- The Provider reserves the right to carry out maintenance, repairs and updates of the Service on the Website, as a result of which the Service may be temporarily limited or unavailable. The Provider will inform Users in a suitable form in advance of planned maintenance, repairs and updates of the Service on the Website, so as to limit the use of the Service as little as possible. Routine updates and fixes that do not limit the availability of the Service are carried out by the Provider continuously, without prior notice.
- The Provider acknowledges that maintenance, a repair or an update of the Service on the Website may adversely affect a User who is a Consumer, and undertakes to make changes to the Service in a way that does not adversely affect the rights of a User who is a Consumer. This does not affect the Consumer's right to withdraw from the contract where a change to the digital performance has a more than negligible adverse effect on the Consumer's access to the digital performance or its use.
- The Provider regards the following in particular as justified reasons for changing the Service as a digital performance:
- ensuring the security of the Service and its Users,
- ensuring that the Service complies with generally binding legal regulations,
- an outage, termination or change of third-party services on which the proper provision of individual functions of the Service depends,
- taking measures to prevent misuse of the Service by its Users or by third parties,
- a change to the rules of third-party competitions whose processing is the subject of the Service, where the Service needs to be reasonably adjusted to match the new rules of those competitions organised by third parties.
III. Basic conditions of using the Service
- By visiting the Website and using the Service, Users express their agreement with the Terms and undertake to comply with them. Users who do not agree with the Terms are not entitled to use the Service.
- Users use the Service at their own risk. Users acknowledge that when using the Service they may be exposed to various content that some Users may find unsuitable, indecent or offensive.
- Through the Service the User may add, store, publish or otherwise make available content to the extent the individual functions of the Service allow (“User Content”). The User who provided such content through the Service is responsible for the User Content and for its compliance with generally binding legal regulations and these Terms.
- The User must not provide or otherwise make available through the Service User Content that conflicts with generally binding legal regulations or these Terms, in particular content that unlawfully interferes with the rights or legally protected interests of third parties, including their personality rights, intellectual property rights or the right to the protection of personal data, content that incites violence or hatred, is fraudulent or unlawfully misleading, or contains malicious code or is otherwise capable of disrupting the security or proper functioning of the Service.
- The Provider is entitled, on its own initiative or on the basis of a notice from a third party, to assess whether User Content complies with generally binding legal regulations and these Terms. If the Provider finds that User Content is illegal or in conflict with these Terms, it is entitled, depending on the nature and seriousness of the breach, to disable access to it or remove it, or to take further measures against the User under art. XI of these Terms. The Provider moderates User Content manually through the administration interface of the Website and the Service.
- Any person is entitled to notify the Provider, through a visibly available function on the Website, of the presence of specific User Content that the person considers illegal. The notice must contain a sufficiently substantiated explanation of the reasons why the notifier considers the content illegal, a clear indication of the electronic location of the content, in particular its exact URL or URLs and, where necessary, further information enabling the illegal content to be identified, the name and e-mail address of the notifier, except in cases laid down by the applicable legal regulations, and a statement confirming that the notifier believes in good faith that the information and claims in the notice are accurate and complete.
- The Provider will assess a notice under point 6 of this article in a timely, diligent, objective and non-arbitrary manner and will inform the notifier of its decision in respect of the notified content and of the possibilities of redress against that decision, where the applicable generally binding legal regulations or these Terms so provide. If the Provider takes a measure in connection with User Content under point 5 of this article or under art. XI of these Terms, it will inform the User concerned of the measure taken and the reasons for it, to the extent and in the manner required by the applicable legal regulations.
- The Provider is entitled to use the contact details the User provides to it for direct marketing purposes only in the cases and under the conditions laid down by generally binding legal regulations, in particular Act No. 452/2021 Coll. on Electronic Communications, as amended. Where generally binding legal regulations require the User's prior consent for direct marketing, the Provider is entitled to carry out direct marketing towards the User only after obtaining the User's prior demonstrable consent and within the scope of that consent. The User's prior consent is not required in cases where generally binding legal regulations allow the Provider to carry out direct marketing without such consent. The User is entitled at any time, simply and free of charge, to refuse the use of their contact details for direct marketing through the relevant function on the Website, or by contacting customer support at the e-mail address: support@splitgate.app. Where direct marketing is carried out on the basis of the User's consent, the User is entitled to withdraw that consent at any time by clicking the link attached to every such marketing communication, where its nature allows, or by withdrawing consent through the relevant function on the Website.
IV. Registration and user account
- Using the functions of the Service is conditional on the User's registration and the creation of a user account (the “User Account”). By creating a User Account, a basic contractual relationship arises between the Provider and the User, the subject of which is the use of the basic functions of the Service provided on the Website. The provisions of these Terms apply to this basic contractual relationship as appropriate.
- Each user is entitled to have only one User Account, unless the functions of the Service and/or the Website provide otherwise.
- When registering a User Account, the User must give true, correct, complete and current details and, if they change, update them without delay. From a User who is not a Consumer, the Provider may require more extensive details when a User Account is registered, in order to verify the authority to act for that User, for example an extract from the relevant register (commercial register, trade licensing register, register of non-governmental non-profit organisations and the like).
- The User signs in to the User Account by one of the methods stated on the Website.
- The Provider reserves the right to refuse the registration of a User Account if any of the following occurs:
- the User does not duly provide all the details required under point 3, or the details provided are not true, or
- the User Account contains in its name elements that conflict with these Terms.
- The User is responsible for keeping the access details to the User Account safe. Details tied to the User Account (for example the password) can be changed through the relevant function on the Website. If the details to the User Account are misused, stolen or lost, the User must inform the Provider without delay.
- A User Account may cease to exist:
- by the User cancelling the User Account; the details are set out on the Website,
- by the Provider cancelling the User Account under the conditions of these Terms,
- through the User's inactivity (not using the Service to any extent), where the inactivity lasts more than 24 months and the User remains inactive despite warnings sent in advance.
V. Conclusion of the contractual relationship
- The contractual relationship between the Provider and the User, the subject of which is the provision of the extended functions of the Service, arises:
- at the moment the trial period under art. VI of the Terms is activated, or
- at the moment the subscription under art. VII of the Terms is activated, where the User did not become entitled to a trial period under art. VI of the Terms, or
- without activating a trial period under art. VI of the Terms or a subscription under art. VII of the Terms, where the relevant scope of the extended functions of the Service is made available to the User on the basis of registration alone.
(the “Contractual Relationship” or the “Contract”).
- Where the subject of the Contractual Relationship is the provision of a digital service or the supply of digital content to a Consumer, the Provider is obliged:
- to instruct the Consumer specifically that by consenting to the provision of the service beginning before the period for withdrawing from the Contract expires, the Consumer loses the right to withdraw from the Contract once the service has been provided in full, or that by consenting to the supply of digital content that the trader supplies otherwise than on a tangible medium beginning before the period for withdrawing from the Contract expires, the Consumer loses the right to withdraw from the Contract,
- to request the Consumer's declaration that the Consumer was instructed under letter a), and
- to request the Consumer's express consent to the provision of the service or the digital content beginning before the period for withdrawing from the Contract expires,
- to keep the Consumer's declaration under letter b) on a durable medium,
- to deliver to the Consumer, at the latest when the digital content is supplied or the provision of the service begins, a confirmation of the conclusion of the distance contract on a durable medium, to the extent required by Act No. 108/2024 Coll. on Consumer Protection, as amended (the “Consumer Protection Act”).
- The Provider hereby expressly instructs the Consumer that by consenting to the provision of services beginning before the period for withdrawing from the Contract expires, the Consumer loses the right to withdraw from the Contract once the service has been provided in full, and that by consenting to the supply of digital content that the Provider supplies otherwise than on a tangible medium beginning before the period for withdrawing from the Contract expires, the Consumer loses the right to withdraw from the Contract.
VI. Trial period
- Where the Contractual Relationship between the Provider and a particular User has arisen for the first time, the User has the right, for a set limited time from the day the Contractual Relationship arose, to use the extended functions of the Service free of charge (the “Trial Period”), unless these Terms provide otherwise. The Trial Period lasts 14 days from the day the Contractual Relationship arose, unless the Website states a longer Trial Period for the relevant mode of the Service.
- When the Trial Period expires, the Contractual Relationship does not end and continues as a paid subscription under the conditions set out in art. VII of the Terms, unless it has been ended by then.
- Unless stated otherwise when the Trial Period is activated, or unless legal regulations provide otherwise for a Consumer, one User is entitled to a Trial Period only when the Contractual Relationship arises for the first time.
- Before the Contractual Relationship is concluded by activating the Trial Period, the Provider informs the Consumer clearly, comprehensibly and expressly that the Trial Period lasts 14 days, that after it ends the Contractual Relationship automatically continues in the paid format unless it has been ended by then, of the price for the provision of the Service, the length of the period, the manner and frequency of charging the subscription under art. VII, and of the automatic renewal and the way to cancel the subscription under art. VII of the Terms, unless the Consumer Protection Act or other applicable legal regulations give rise to a wider duty to inform.
- This article does not apply where the Contractual Relationship arose in the manner under art. V point 1 letter c) of the Terms.
- The Provider reserves the right to provide the Service also in a mode without a Trial Period; it will state the details for the individual modes of the Service set out on the Website; the Consumer's rights under generally binding legal regulations are not affected.
VII. Subscription
- The User may use the extended functions of the Service on the basis of a subscription (the “Subscription”), unless these Terms or the Website provide otherwise.
- The currently available Subscription plans, the scope of the functions of the Service made available, their price (the “Subscription Price”) and the length of the period for which the Subscription Price is paid are set out on the Website, unless the Provider and the User specifically agree otherwise.
- Unless the Website provides otherwise, the length of the period for which the Subscription is paid is 30 days (the “Subscription Period”).
- The Subscription Price is always paid in advance for the coming Subscription Period, unless the Website provides otherwise. The User agrees that the Subscription Price is paid, at the start of the first Subscription Period and at each subsequent automatic renewal, through the payment method the User chose from the options available on the Website.
- When a Subscription Period ends, the Subscription renews automatically for a further Subscription Period of the same length, unless the User cancels it before this automatic renewal or changes the Subscription plan to one with a different length.
- The User is entitled to cancel the Subscription at any time through the relevant function in the User Account. If the Subscription is cancelled, the Subscription Period does not renew automatically and the Subscription ends when the Subscription Period then running expires. If the Subscription is cancelled, the User is entitled, until the Subscription Period then running expires, to use the Service in full as provided by the given Subscription plan.
- The Provider is entitled to change the Subscription Price unilaterally and reasonably for objective reasons, in particular but not only because of a change in the costs of operating or providing the Service, or because of a change in the legal regulations governing the provision of the Service. A unilateral change of the Subscription Price does not affect the Subscription Price for the Subscription Period then running.
- The Provider must inform the User of a change of the Subscription Price at least 30 days before the day from which the changed Subscription Price is to apply. If the User does not agree with the change of the Subscription Price, the User is entitled to cancel the Subscription in accordance with point 6. A User who is a Consumer is entitled to withdraw from the Contract in accordance with and under the conditions laid down by the applicable legal regulations, in particular the Civil Code and the Consumer Protection Act.
- If the Subscription Price is not paid duly and on time under these Terms and the Website, the Provider reserves the right to reasonably limit and/or suspend the extended functions of the Service to which the Subscription applies, until the relevant Subscription Price is duly paid; this does not affect the Consumer's rights under legal regulations. Limiting and/or suspending functions of the Service under this point does not end the Contractual Relationship under art. VIII of these Terms. If the User does not pay the Subscription Price owed even within an additional reasonable period set by the Provider, the Provider has the right to withdraw from the Contract.
VIII. Duration and end of the Contractual Relationship
- The Contractual Relationship is concluded for an indefinite period, unless these Terms provide otherwise.
- The Contractual Relationship ends:
- by a specific agreement between the Provider and the User,
- when the User Account ceases to exist,
- by cancellation of the Subscription, when the Subscription Period then running expires,
- by withdrawal from the Contract, where the User is a Consumer and the applicable legal regulations on consumer protection, in particular the Civil Code or the Consumer Protection Act, give the Consumer that right, or where that right follows from these Terms,
- by the Provider's withdrawal from the Contract, where the Terms give it that right.
- The end of the Contractual Relationship does not affect those mutual rights and obligations of the Provider and the User which, by their nature, are to last after the Contractual Relationship ends.
IX. Rights and obligations of the User
- The User is entitled to use the Service only in accordance with generally binding legal regulations and these Terms.
- Beyond the obligations set out in art. III of the Terms, the User must not, in particular but not only:
- use the Service for unlawful purposes,
- use the Service in a way that unlawfully infringes or limits the rights of the Provider or of third parties, or that repeatedly and seriously breaches these Terms or otherwise misuses the Service,
- disrupt or attempt to disrupt the security and/or functioning of the Service,
- gain unauthorised access to User Accounts or to other data or systems of third parties,
- circumvent the technical limits of the Service,
- use automated means to access the Service contrary to its intended manner of use,
- make the Service available to a third party contrary to these Terms,
- publish through the Service deceptive, misleading or otherwise manipulative information,
- breach art. IV point 2 of these Terms.
X. Relationship between Users of the Service
- To the extent of its individual functions, the Service allows Users in particular to create and publish profiles, to find and contact other Users, to create, organise or record sports activities, training sessions, competitions or other events, and to make bookings or perform other similar acts the Service allows; details of the individual functions of the Service are set out on the Website.
- Through the Service the Provider gives Users only technical and organisational tools enabling Users to interact with each other. The Provider is not the organiser of sports activities, training sessions, competitions or other events created or organised by Users, does not provide coaching or other similar services, and does not enter into the legal relationships between Users, unless expressly stated otherwise for a particular function or service.
- A booking of a training session, sports activity or other performance made through the Service is purely a matter of record and organisation and does not create a contractual relationship between the Users themselves, nor a separate specific contractual relationship between the User and the Provider, unless expressly stated otherwise for a particular function.
- If a contractual or other legal relationship arises between Users in connection with the use of the Service, the Users concerned determine and arrange its content, conditions, creation, change and end themselves. The Provider is not a party to such a legal relationship and is not responsible for the performance of the obligations it gives rise to for the Users.
- The User is responsible for assessing the suitability of the group of other persons, the sports activity, training session, competition or other event in which the User decides to take part, or of which the User decides to make use, on the basis of information obtained through the Service. The Provider is not responsible for the course, quality, safety, cancellation or outcome of activities or performances provided or organised by other Users; this does not affect the Provider's liability that cannot be excluded or limited under generally binding legal regulations.
XI. Rights and obligations of the Provider
- The Provider hereby informs the User that, under specific generally binding legal regulations and on the basis of requests and decisions of the competent public authorities, it cooperates with public authorities (in particular law enforcement authorities and courts) and fulfils obligations imposed by decisions of the competent authorities, and within that cooperation it may, in accordance with specific regulations, provide the competent authorities with data about the User relating to the User's activity when using the Service and the Website.
- If the User breaches generally binding legal regulations or these Terms, or otherwise misuses the Service, the Provider is entitled, depending on the nature, seriousness, duration and any repetition of the breach, to take a proportionate measure, in particular:
- to warn the User of the breach and call on the User to remedy it,
- to limit or disable the User's access to some functions of the Service, or
- to cancel the User Account.
- The Provider is not obliged to warn the User in advance before taking a measure under point 2 letters b) to c) if the nature or seriousness of the breach requires the measure to be taken without delay or if a prior warning could defeat its purpose.
- If the Provider takes a measure under point 2 of this article, it will give the User concerned information about the measure taken and the reasons for it, to the extent and in the manner required by the applicable legal regulations. If, in accordance with point 3 of this article, the Provider does not warn the User before taking a measure under point 2 letters b) to c), the Provider must also state in the reasons why it did not warn the User in advance.
- If the Provider takes a measure under point 2 letter c) of this article and, on the day the User Account is cancelled, a Subscription Period already paid for is running between the Provider and the User, the User is not entitled to a refund of the proportionate part of the Subscription Price for the unused part of the Subscription Period.
XII. Liability of the Provider
- The Provider is liable for a breach of its obligations in providing the Service to the extent laid down by generally binding legal regulations and these Terms.
- The Provider is not responsible for User Content, or for the acts, omissions, statements, data, offers or performances of other Users, except where its liability follows from generally binding legal regulations.
- To ensure the proper operation of the Service, the Provider may use data processed by third parties (for example Google, Strava and the like). The Provider is not responsible for the availability, correctness and accuracy of data it obtained from such third parties.
- Within the Service the Provider allows Users to create outputs by means of artificial intelligence. The Provider is not responsible for the accuracy, correctness and truthfulness of outputs generated by artificial intelligence in this way; the User uses them at their own risk. The Provider will also specifically alert the User to this within the Service.
- The Provider is not responsible for the temporary unavailability or limitation of the Service caused by planned maintenance, a repair or an update under art. II point 4 of the Terms, or for the unavailability or limitation of the Service caused by a circumstance of force majeure (for example war or a natural disaster) which the Provider could not reasonably influence or whose consequences it could not prevent even with reasonable effort.
- The Provider's liability for damage caused by the Service and/or the Website is limited to actual damage only (lost profit is expressly excluded). The Provider's liability for actual damage caused by the Service and/or the Website must not exceed the amount of the Subscription Price that the User demonstrably paid to the Provider in the last 3 months before the day the claim for damages arose. The provisions of this point do not apply to a User who is a Consumer.
XIII. Liability for defects and alternative resolution of consumer disputes
- Where the User is a Consumer, the Provider is liable for defects of the Service as a digital service to the extent and under the conditions laid down by the applicable provisions of the Civil Code or other applicable generally binding legal regulations. Where the Service is provided continuously over an agreed period, the Provider is liable for every defect of the Service that occurs or becomes apparent during that period.
- The Consumer may exercise rights from liability for defects of the Service with the Provider through the contact details set out in art. I of these Terms. The Consumer's rights from liability for defects of the Service, the manner of exercising them and the Consumer's claims are governed by the applicable provisions of the Civil Code or other applicable generally binding legal regulations.
- The Consumer has the right to submit a request for redress to the Provider if a dispute arises between the Consumer and the Provider from the exercise of rights from liability for defects of the Service, or if the Consumer believes that the Provider has infringed other rights of the Consumer.
- If the Provider replies to the Consumer's request for redress in the negative, or does not reply within 30 days of the day it was sent, the Consumer has the right to file a motion to start alternative dispute resolution with the competent alternative dispute resolution entity. This does not affect the Consumer's possibility of turning to a court. Information about the competent entities for the alternative resolution of consumer disputes is available at: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1. If the Provider replies to the Consumer's request for redress in the negative, it informs the Consumer on a durable medium of the competent alternative dispute resolution entities, in accordance with the applicable legal regulations.
XIV. Intellectual property rights
- The Website, the Service and their individual parts, in particular their software solution, databases, graphic elements, texts, designations, logos, source code and other content made available by the Provider, may be protected by intellectual property rights of the Provider or of third parties, in particular but not only under Act No. 185/2015 Coll., the Copyright Act, as amended (the “Copyright Act”). The protection under this article applies in particular, but not only, to the calculation models of the Service and to the designation and logo of the Service.
- Neither the conclusion of the Contract nor the creation of a User Account transfers to the User any intellectual property rights to the Website or the Service. The User is entitled to use the Website and the Service for the duration of the relevant contractual relationship, to the extent and in the manner needed for the proper use of their functions in accordance with these Terms. Where a licence is needed for this use, the Provider grants the User a free, territorially unlimited, non-exclusive licence to use the Website and/or the Service solely for the purpose of the proper use of their functions; this licence is limited in time to the period during which the User is entitled to use the relevant Service or its function.
- Without the Provider's prior written consent, the User must not use the subject matter of the Provider's intellectual property rights beyond what is necessary for the proper use of the Website and/or the Service, in particular must not reproduce it, distribute it, make it available to third parties, alter it or otherwise exploit it commercially without authorisation, unless such authorisation follows from generally binding legal regulations.
- If, when using the Website and/or the Service, the User adds, publishes or otherwise makes available to other Users User Content in any way available in the Service (in particular but not only a profile photograph, name, profile description, race results, training records, the User's logo, descriptions of events and training sessions), the User gives the Provider consent to handle that content, even where the content is the result of the User's own creative intellectual activity. Where User Content published in this way is a work for the purposes of the Copyright Act, the User grants the Provider a free, non-exclusive licence, unlimited in territory and time, to use that work to the extent necessary to ensure the proper running of the Website and/or the Service. The Provider regards as use of User Content to the extent necessary to ensure the proper running of the Website and/or the Service in particular, but not only, displaying User Content on the Website and/or in the Service and processing anonymised and aggregated statistics (for example division averages, the finish-time prediction model). The User also agrees to the use of User Content for the Provider's marketing purposes, to the extent that generally binding legal regulations do not make such processing of User Content conditional on a separate specific consent.
- By acceding to these Terms, a User who is not a Consumer agrees to their business name and/or logo being shown on the Website. The User may withdraw this consent in writing at any time.
XV. Protection of personal data & cookies
- The Provider processes Users' personal data in accordance with the applicable generally binding legal regulations on the protection of personal data. Detailed information about the processing of personal data, the rights of data subjects and the ways of exercising them, as well as information about the use of cookies, is set out in the separate information on the processing of personal data published on the Website.
XVI. Common and final provisions
- These Terms become valid and effective on the day they are published on the Website.
- These Terms are governed by the law of the Slovak Republic. In the event of a conflict between the provisions of these Terms and non-mandatory provisions of the generally binding legal regulations of the Slovak Republic, the provisions of these Terms prevail. In the event of a conflict between the provisions of these Terms and provisions of the generally binding legal regulations of the Slovak Republic that the parties may exclude by agreement, those provisions are regarded as excluded. Where the User is a Consumer, the provisions of this point do not exclude the protection given to the Consumer by provisions that cannot be derogated from by agreement under the law that would apply in the absence of a choice.
- The courts of the Slovak Republic have jurisdiction to decide court disputes arising from these Terms. Where the User is a Consumer, this point does not affect the Consumer's right to choose the jurisdiction of courts in matters of consumer contracts, or the Consumer's right to seek legal protection before another authority, where that right follows from generally binding legal regulations.
- These Terms may be drawn up in several language versions, which will be published on the Website. In the event of a conflict between the individual language versions of these Terms, the version issued in the Slovak language prevails.
- The Provider is entitled to change these Terms unilaterally and reasonably where there is an objective reason for it, in particular because of a change in generally binding legal regulations or in the requirements of the competent authorities, a change of the Service or of the way it is provided, the introduction, change or ending of a function of the Service, the need to increase the security or protection of the Service and its Users, a change in the technical requirements or the technical environment on which the Service depends, or the need to remove ambiguities or correct errors in the Terms. A change of the Terms must be proportionate to the reason for which it is made. A change of the Terms does not affect rights and obligations that arose before the change took effect, unless generally binding legal regulations or the nature of the right or obligation concerned provide otherwise.
- The Provider informs the User, clearly and comprehensibly and with reasonable advance notice before it takes effect, of a change of the Terms that is to apply to a continuing contractual relationship. Where, in relation to a Consumer, a change of the Terms is at the same time a change of the digital performance beyond what is needed to keep it in conformity with the requirements of the Civil Code, the Provider is entitled to make such a change only for the justified reasons agreed in these Terms. Such a change must not cause the Consumer additional costs. The Consumer will be informed of the change clearly and comprehensibly; if the change has a more than negligible adverse effect on the Consumer's access to the digital performance or its use, the Provider will also give the Consumer, sufficiently in advance and on a durable medium, details of the features and the time of the change and information about the Consumer's right to withdraw from the Contract under the conditions laid down by the Civil Code, or about the possibility of keeping the digital performance unchanged, if the Provider gives the Consumer that possibility; the Provider is entitled, not obliged, to offer the Consumer the possibility of keeping the digital performance unchanged.
- If any provision of these Terms is or becomes invalid, ineffective or unenforceable, this does not affect the validity, effectiveness and enforceability of the other provisions of these Terms, unless the nature or purpose of the provision concerned or generally binding legal regulations provide otherwise.