Terms and conditions of custom programs SHINE Consulting s.r.o.

Payment and cancellation conditions 

1. Invoices will be due for payment 14 calendar days from receipt by the Customer unless otherwise agreed in the preparation of the order).
2. In case of delay in payment of tax documents, a contractual penalty of 0.05% of the total amount for each day of delay will be applied. 
3. In the event of cancellation of a pre-agreed workshop or custom course by the client less than 7 days before the event, the provider is entitled to demand cancellation fees of 50% of the agreed price of the event. 

Open courses

1. If open programmes are part of the performance, the Customer must place an online order for the relevant course via the order form for the relevant programme. The terms and conditions and organisational information applicable to open programmes are described below.

Terms and conditions of open courses provided by SHINE Consulting s.r.o.

1. The only way to book and order courses and programmes run by SHINE Consulting is by doing so online at www.shine.cz in the respective section of the course/programme in question. Participants are registered on the basis of the order of bookings placed.  Prices are contractual in accordance with Act no. 526/90 Coll., VAT will be listed separately in the tax document provided.
2. The contract is entered into and becomes binding once the confirmation of receipt of order placed electronically by the customer is issued by SHINE Consulting s.r.o.
3. Confirmation of order will be sent upon receipt of said order.
4. Upon placing the order, the customer undertakes to pay the participant fee within the stated period by means of a bank transfer (wire transfer) to the account registered with SHINE Consulting s.r.o. The payment must be made on the basis of a pro forma invoice, invoice, or payment request sent to the customer via email (variable symbol provided must be referenced in transfer details) and must be completed at least 5 days prior to the event date. The account number is stated at www.shine.cz/kontakt. The pro forma invoice, invoice, or payment request are typically sent to the customer 2 – 4 weeks prior to the event date, unless stated otherwise.
5. SHINE Consulting s.r.o. is a VAT payer. A taxation document – an invoice – will be issued upon receipt of amount due (at SHINE account) and sent electronically to the customer’s address.
6. Upon course/programme completion, the customer shall receive a tax document confirming receipt of payment (invoice) via email (or mail if requested). Payments completed after the event has taken place will be handled in the same manner.
7. Timely cancellation (without cancellation fee) is a cancellation requested in writing (email) at least 21 calendar days prior to course/programme date.
8. The following cancellation fees apply in case of course/programme cancellation requested:
   • 20-15 – calendar days prior to event - 25 % of the course fee
   • 14 - 8 calendar days prior to event - 50 % of the course fee
   • 7 - 4 calendar days prior to event - 75 % of the course fee
   • Up to 3 calendar days prior to event - 100 % of the course fee
   • If no notice of cancellation is received or in case of no-show, the full amount for course is charged
9. By placing an online order, the customer agrees to be liable for any cancellation fees stipulated herein.
10. Participants unable to attend the event may be replaced with a substitute – no cancellation fee is charged in such cases. Any substitutions are subject to approval by a competent person at SHINE Consulting s.r.o.
11. Any absence (including temporary absences) from events which have already been paid does not provide any legal ground for refunds (even partial) for the event/events missed nor does it provide any ground for any discounts or deductions for future events or re-runs of the event/events missed.
12. SHINE Consulting s.r.o. reserves the right to change the date or cancel the course/programme for technical or other reasons. Participants registered to attend will always be notified of any changes of this nature at least 7 calendar days prior to the event.
13. SHINE Consulting s.r.o. does not undertake to bear any financial compensation associated with or arising from attendance at a given course/programme (travel costs, accommodation, lost profits etc.). If requested, accommodation can be arranged and provided upon agreement.
14. Any changes after the order has been placed are only possible upon written request (email) and are subject to an agreement approved by both contractual parties.
15. All parts of Project COPILOT can be used for 12 months, with the period starting from the moment of using the first part. However, the latest the services can be used is 13 months from the date of the advance invoice.

Feel free to contact us with any queries

Kateřina Vybíralová (SHINE Consulting s.r.o.)
mobil: +420 605 960 117, e-mail: katerina.vybiralova@shine.cz

Terms and Conditions od ShineStarlihgt.ai

ShineStarlight.ai identification data:
SHINE Consulting s.r.o.
Registered Office at Oulehla 443, 664 07 Pozorice, Czech Republic
Company registration number: 25318292
VAT number: CZ25318292
Email: support@shine.cz

Thank you for using ShineStarlight.ai!
These Terms of Use apply when you use the services of ShineStarlight.ai, its apps on ios, android or our affiliates, including our application programming interface, software, tools, developer services, data, documentation, and websites (“Services”). The Terms include our terms and other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.

1. Registration and Access

You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.

2. Usage Requirements

(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with ShineStarlight.ai; (iv) except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Services was human-generated when it is not or otherwise violate our Usage Policies; (vi) buy, sell, or transfer API keys without our prior consent; or (vii), send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation.
(d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

3. Content

(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, ShineStarlight.ai hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. ShineStarlight.ai may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
(b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for ShineStarlight.ai or a third party. For example, you may provide input to a model such as “What color is the ocean?” and receive output such as “The ocean is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
(c) Use of Content to Improve Services. We do not use Content that you provide to or receive from our or our service providers API (“API Content”) to develop or improve our Services. We may use Content from Services other than our API (“Non-API Content”) to help develop and improve our Services.
(d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.

4. Fees and Payments

(a) Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize ShineStarlight.ai and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are charged in the same currency as the quoted price of the service and are payable upon invoice. Payments are nonrefundable except as provided in this Agreement.
(b) Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. ShineStarlight.ai uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
(c) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
(d) Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact support@shine.cz within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
(e) Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.

5. Confidentiality, Security and Data Protection

(a) Confidentiality. You may be given access to Confidential Information of ShineStarlight.ai, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that ShineStarlight.ai or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to ShineStarlight.ai and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
(b) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact ShineStarlight.ai and provide details of the vulnerability or breach.
(c) Processing of Personal Data. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.

6. Term and Termination

(a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution) or 9 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
(b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to Sections 3 and 5-9.

7. Indemnification; Disclaimer of Warranties; Limitations on Liability

(a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Dispute Resolution

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
(a) MANDATORY ARBITRATION. You and ShineStarlight.ai agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by sending an email to support@shine.cz within 30 days of agreeing to these arbitration terms or the relevant changes.
(b) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against ShineStarlight.ai, you agree to try to resolve the dispute informally by sending us notice at support@shine.cz of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process. If you reside in the EU, the European Commission provides for an online dispute resolution platform.
(c) Arbitration Forum. Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees.
(d) Arbitration Procedures. The arbitration will be conducted by video conferences. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.
(e). Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
(f) NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
(g) Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against ShineStarlight.ai or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.
(h) Severability. If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this Section 8 will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

9. Communication Consent

By signing up for an account on ShineStarlight.ai, you acknowledge and consent to receive communications from us for legitimate reasons to provide product features to our users. These communications may include, but are not limited to, email, SMS, and phone calls. These communications may encompass account-related notifications, promotional offers, news, updates, and essential product features. You understand that these communications are a fundamental part of your agreement with ShineStarlight.ai and are not subject to separate opt-in procedures. If at any time you wish to cease receiving promotional communications or delete your data, you may opt-out by using the unsubscribe link provided in our emails or contacting our support team at support@shine.cz. However, certain account and service-related notifications, especially those linked to product features, may still be sent as they are deemed essential for the use of our services.

10. General Terms

(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and ShineStarlight.ai or any of ShineStarlight.ai’s affiliates. ShineStarlight.ai and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
(b) Use of Brands. You may not use ShineStarlight.ai´s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
(c) U.S. Federal Agency Entities. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
(d) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below or email support@shine.cz. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

(e) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
(f) Modifications. We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
(g) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt if delivered by email support@shine.cz.
(h) Waiver and Severability. If you do not comply with these Terms, and ShineStarlight.ai does not take action right away, this does not mean ShineStarlight.ai is giving up any of our rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
(i) We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data. Our privacy statement has more details.
(j) Export Controls. The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.
(k) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to ShineStarlight.ai and its affiliates, and ShineStarlight.ai shall have the right to seek injunctive relief against you in addition to any other legal remedies.
(l) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and ShineStarlight.ai regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and ShineStarlight.ai on that subject.
(m) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the Czech Republic.

SHINE Consulting s.r.o., Oulehla 443, 664 07 Pozorice, Czech Republic, email: support@shine.cz.