User Terms of 'Museus' Service
These User Terms of 'Museus' Service govern the contractual relationship between the provider of a Service and its user and the user's use of the Services described herein.
1. INTERPRETATION
1. Capitalised words shall, unless the context requires otherwise, have the following meanings:
"Affiliate" means any present or future entity controlling, controlled by, or under common control with, the Provider;
"Agreement" means (a) these Terms and Conditions and (b) any data protection terms referenced in these Terms of Service;
“Application” means the web application called “Museus” developed and operated by the Provider, accessible to Users from the Application´s website and providing Users with the information about the artworks available in the Exhibitor space. The Application will provide Users with comprehensive information about the exhibited Objects;
"Applicable Law" means all applicable legislation, rules, regulations or decisions which now have, or which have at the relevant time had, the force of law in an applicable jurisdiction and relate to the provision or receipt of the Service;
“Application´s website” means the following website hosting the Application;
"Content" means any data, including text, audio and/or video files, electronic documents or images, or other material displayed to the User via the Application;
“Exhibitor space” means the exhibition space of the respective exhibitor, in which the objects displayed in the Application are presented.
"Fees" mean the the amount payable by a User for the use of the Application;
"Force Majeure Event" means (a) fire, flood, earthquake, unusually severe weather or elements of nature or acts of God (b) acts of war (declared or undeclared), embargo, riot, acts of terrorism, act of a public enemy, civil disorder, rebellion, revolution; any internet or other network-related performance or availability issue affecting the Service in connection with the provision of the Service; or other causes beyond a Provider's control;
”Museum” refers to Mucha museum located at the address at Praha 1, Panská 7/890, PSČ 11000.
“Object” or “Objects” mean objects exhibited in the Exhibitor space.
"Service" means the services provided by the Provider to the User described in these Terms of Service;
"Terms of Service" means the terms and conditions set forth in this document together with all its attachments, as may be amended from time to time;
“User” means person using the Application and granting the consent with these Terms of Service.
“User Data” means any data provided by the User to the Provider collected through the use of the Application.
2. ENTERING INTO AGREEMENT
1. The Agreement between the User and the Provider is concluded when the User grants the consent with these Terms of Service via the Application´s website.
2. The User grants consent to these Terms of Service by starting using on the Application's website, and within the same action, declares that they have familiarized themselves with the Provider's Privacy Policy.
3. Establishing a user account is not required by the Service Provider.
3. PROVISION OF THE SERVICE
1. The Provider shall perform the Service in accordance with the Agreement.
2. The Service shall be provided to Users through the Application upon the execution of the Agreement and subsequent payment of the applicable fee, in accordance with these Terms of Service. The Provider reserves the right to waive fees on special occasions.
3. Upon the User's fulfillment of the conditions stipulated by the Provider, as specified within the Application, and upon scanning the designated QR code, the User shall be entitled to: (i) view information pertaining to the respective Object; and (ii) interact with the chatbot for the purpose of obtaining further information regarding the Artwork any other matter the User deems relevant to inquire about in relation to the respective Object.
4. FEES FOR SERVICE
1. The Provider reserves the right to set Fee amounts at its sole discretion, and Users will be shown the applicable Fees after the Agreement is concluded.
2. The User is permitted to utilize the Service upon due payment of the Service usage Fee, unless a Fee waiver is applied.
3. All Fees are stated inclusive of VAT (or equivalent local taxes).
4. Fees shall be paid by the User through a payment gateway integrated into the Application.
5. USER OBLIGATIONS
1. The User shall be obliged:
a. To use the Application in compliance with these Terms and Conditions and Applicable Law,
b. not to misuse the Application for any illegal or unethical purposes,
c. to refrain from interfering with the Application or attempting to exploit it,
d. not to copy, distribute, or commercially exploit the Content,
e. to provide true and complete payment details,
f. to familiarize themselves with the payment terms and any applicable fees,
g. to respect copyrights and other intellectual property rights to the Application Content,
h. not share their Application access with third parties,
i. to report any issues with the Application to the Provider.
2. The Provider reserves the right, without liability or prejudice to its other rights to the User, to disable the User's access to the Service in the event of a breach of the provisions of this clause 5.
3. The User hereby acknowledges that Provider may use any knowledge or knowhow gained from the User´s usage of the Service under this Agreement to enhance, update, upgrade, correct, add to or amend the Service.
6. PROVIDER OBLIGATIONS
1. The Provider shall be obliged:
a. to ensure the due operation of the Application and the provision of the Service in accordance with these Terms,
b. to Maintain the functionality of the payment gateway system,
c. to process Users' personal data in compliance with the Privacy Policy and all relevant legal provisions (particularly GDPR),
d. to provide Users with complete and accurate information concerning pricing and payment conditions,
e. to offer Users support and provide responses to their queries,
f. to inform Users concerning any occurrences of Application malfunctions
2. The Provider is not responsible for any delays, delivery failures, or any other loss or damage resulting from the using of the Application transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7. DATA PROTECTION
1. The Provider's processing of personal data is specified in detail within the Privacy Policy. The User's execution of the Agreement signifies acknowledgment of the Provider's personal data processing rules, as delineated in the aforementioned Privacy Policy.
2. The User shall be obliged to provide true and complete personal data.
3. The User shall be obliged to respect the privacy rights of other users.
8. INDEMNITIES
1. The User agrees to indemnify and hold harmless from and against all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) the User's breach of these Terms of Use,
(b) the User's unauthorized use of the Application or Service,
(c) the User's infringement of third-party rights, including, but not limited to, intellectual property rights or privacy rights,
(d) damages caused by the User in connection with the use of the Application or Service.
2. The Provider shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the User's use of the Application or Service, except in cases of intentional misconduct.
3. The Provider's total liability for damages arising out of or in connection with the User's use of the Application or Services is limited to the amount paid by the User for the use of the Service.
4. These indemnification provisions shall remain in effect even after the User's use of the Service is terminated.
9. DISCLAIMERS
1. These Terms of Use states the full extent of each party's obligations and liabilities in respect of the subject matter of the Service and its use.
2. The Provider does not warrant (i) that the User's use of the Service will be uninterrupted or error-free; or (ii) that the Service or the information obtained through the Service will meet the User's specific requirements.
3. The Provider shall not be liable to the User under the Agreement or otherwise for any loss or damage arising as a result of or in connection with:
a. the legality, reliability, integrity, accuracy or quality of any Content,
b. any delays, delivery failures, or any other loss or damage resulting from the transfer of Content over the internet and communications networks and facilities outside of the Provider's control,
c. use or operation of the Service otherwise than in accordance with these Terms of Service,
d. abnormal or incorrect operating conditions (including interruption of or abnormality in the electricity supply),
e. any act or omission by the User or those acting on its behalf (whether accidental or deliberate) or other cause outside the control of the Provider,
f. any acts or omissions of any third party related to or arising in connection with the Service.
4. The User acknowledges that the output produced by the Service may be generated by mathematical models trained on a diverse range of data. The Provider will strive to ensure the quality and reliability of such output, however, there may be limitations or inaccuracies present, given the non-deterministic nature of the models and varying quality of input data. Accordingly, except as expressly provided otherwise, the Provider does not warrant that the Services provided under this Agreement, including any output generated by the Service, will be uninterrupted, accurate, free from defects or compliant with Applicable Law.
5. The Services provided hereunder should be used by the User for its private use only.
10. WAIVER
1. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11. MISCELEANOUS
1. The Provider may assign, or novate its rights and/or obligations under the Agreement (and/or any other document entered into pursuant to or in connection with it) in whole or in part at any time and on more than one occasion to any Affiliate or third person without the consent of the User.
2. The User shall not assign, novate or otherwise deal with any right or obligation arising under or in connection with the Agreement (and/or any other document entered into pursuant to or in connection with it) except with the express prior written consent of the Provider.
3. If any clause of this Agreement or part thereof shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other clause or part thereof all of which shall remain in full force and effect.
4. Neither party shall be liable for any failure to perform or delay in the performance of any of its obligations under the agreement caused by a Force Majeure Event.
5. The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with the laws of the Czech Republic.
6. The Provider reserves the right to amend these Terms at any time as it deems necessary.
7. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification Number: 000 20 869, website address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from this Agreement.
In Prague, March 24, 2025
Privacy Policy
Museus Inc., registered seat at 254 Chapman Road, Ste 208, Newark, DE 19702, USA (the “Controller") is committed to protecting and respecting your privacy. This privacy policy sets out how the Controller will process any personal information that the Controller may collect about you as a visitor to the application “Museus” (the “Application”).
In accordance with applicable legal regulations, the Controller hereby inform you of the scope and method of personal data processing within the use of the Application.
Controller and Controller contact details
The Controller of your personal data is the company Museus Inc., 254 Chapman Road, Ste 208, Newark, DE 19702, USA
Contact details:
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info@museus.ai |
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address |
Museus Inc., 254 Chapman Road, Ste 208, Newark, DE 19702, USA |
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www |
www.museus.ai |
Scope of Processed Personal Data
Personal data that you give us: This is information about you that you give to us by filling in forms on our website (or other forms that we ask you to complete), or corresponding with us by telephone, post, email or otherwise. It may include but is not limited to, your name, address, email address and telephone number, payment details, cookies except technical cookies if you grant the consent.,
Personal data that our website and other systems collect about you: If you visit our website it will automatically collect some information about you and your visit, including the Internet protocol (IP) address used to connect your device to the Internet and some other information such as the pages on our site that you visit. This is used to monitor the performance of the website and improve the experience of visitors to the website. If you exchange emails, telephone conversations or other electronic communications with our staff members, we may record details of those conversations, sometimes including their content.
Following personal data thus should be processed:
o Identification data;
o Contact data;
o Payment and transactional data;
o Application usage history data;
o Cookies except technical cookies
We request that you do not send or share with us any sensitive personal information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, genetics, or biometric data, criminal background or any other personal information that may be considered sensitive).
Purpose of Personal Data Processing
The aforementioned personal data are processed for the following purposes:
Legal Basis for Personal Data Processing
Legal basis for personal data processing are following:
Data Subject Rights
You have the following rights (subject to applicable local laws) in relation to the personal information that we hold about you.
Personal Data Retention
We will process your data for the duration of the contractual relationship between us, and subsequently for a maximum period of 4 years, unless specific laws and regulations dictate a different retention period.
Transfer of Personal Data to Third Parties.
In these cases, we transfer your personal data to third parties (i.e., we act as their controller in relation to this personal data):
Cookies Administration
Cookies are files that enable websites to store information relating to browsing activities on your device in order to make your visits to the websites easier and more user-friendly. Cookies stored on your device can be deleted at any time.
Please note that if you disable certain cookies, you may not be able to use some of the Application 's services.
What types of cookies are/may be stored?
a) Technical Cookies
Technical cookies are essential for Application functionality and enable basic functions like page navigation and access to secure areas. These are always first-party cookies and can be used without your consent.
b) Analytical Cookies
Analytical cookies collect data on how the Application is used, including visits, content preferences, visit counts, page views, time spent, and device type. This information is used to tailor content and optimize offerings.
Your cookie preferences can be managed "here".
Providing personal data is a requirement under the contract, and you are obligated as a data subject to furnish personal data, or we will be unable to provide services.
March 25, 2025
Museus Inc.