TERMS OF USE

Terms of Use for "Pecka Foto" Mobile App

1. General Provisions These Terms of Use govern the use of the Pecka Foto app operated by Miroslav Tolar, with registered office at Dobrovského 354/24b, 779 00 Olomouc, Czech Republic, Company ID (IČO): 08111405, contact email: info@peckafoto.cz (the "Provider"). The app is available for the Android and iOS operating systems and is distributed through Google Play and the Apple App Store. By downloading, installing, or using the app, you agree to these terms.

2. License and Purpose The app is intended exclusively for taking and printing photos on devices rented through the Pecka Foto service. The Provider grants the user a free, non-exclusive, non-transferable, and revocable license for personal use of the app on devices the user owns or controls. The user may not distribute, rent, sell, modify, reverse engineer, or create derivative works from the app.

3. Technical Requirements The app requires iOS 15.1 or later (iPhone and iPad) or Android 7.0 (API 24) or later. The user is responsible for ensuring that their mobile device runs an operating system version that is officially supported by its manufacturer at the time of use. The Provider does not guarantee functionality on unofficially modified systems (root/jailbreak). A photo printer rented from the Provider is required for printing; without it, the app can only be used in a limited scope (without printing).

4. Limitation of Liability The app is provided "as is." The Provider is not liable for the inability to use the app due to user device incompatibility or incorrect system settings (e.g., Wi-Fi, local network, or camera permissions), nor for outages or restrictions on the side of the app stores. This provision is without prejudice to consumer rights under mandatory provisions of law.

5. Privacy and Operational Data Data handling is described in the Privacy Policy for the Mobile Application, available on the Provider's website and within the app itself. The user acknowledges that, as part of the rental service, the app automatically records and transmits operational data about captured and printed photos and about technical errors of the rented printer; this measurement cannot be turned off in the app.

6. Special Provisions for Apps Obtained from the Apple App Store The following provisions apply if the user obtained the app through the Apple App Store. In the event of a conflict with the other provisions of these terms, the following prevail to that extent:

• a) Parties: These terms are concluded solely between the user and the Provider, not with Apple Inc. ("Apple"). The Provider alone is responsible for the app and its content.
• b) Scope of License: The license granted under Article 2 is limited to a non-transferable license to use the app on Apple-branded devices that the user owns or controls, in accordance with the Usage Rules set out in the Apple Media Services Terms and Conditions, including the Family Sharing rules.
• c) Maintenance and Support: The Provider is solely responsible for maintenance and technical support of the app (contact: info@peckafoto.cz). Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the app.
• d) Warranty: The Provider is solely responsible for any warranties relating to the app. In the event of any failure of the app to conform to any applicable warranty, the user may notify Apple, and Apple will refund any purchase price paid for the app (the app is provided free of charge). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Provider's sole responsibility.
• e) Product Claims: The Provider, not Apple, is responsible for addressing any claims of the user or any third party relating to the app or the user's possession and use of it, including but not limited to product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or privacy legislation.
• f) Intellectual Property Rights: In the event of any third-party claim that the app or the user's possession and use of it infringes that third party's intellectual property rights, the Provider alone is responsible for the investigation, defense, settlement, and discharge of any such claim.
• g) Legal Compliance: The user represents and warrants that they are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that they are not listed on any U.S. Government list of prohibited or restricted parties.
• h) Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these terms. Upon the user's acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against the user as a third-party beneficiary.
• i) Third-Party Terms: The user must comply with any applicable third-party terms of agreement when using the app.

7. Final Provisions The Provider may reasonably amend these terms; the current wording is always available on the Provider's website and within the app. Legal relations not covered by these terms are governed by the laws of the Czech Republic. Questions and complaints regarding the app should be sent to info@peckafoto.cz.