1. Definitions
   1. The following terms used in these GTC have the following meanings:

“Application” means application named „Cognity“, which represents a unique VR application that creates a relaxing environment for training of human cognitive functions such as memory, visual-spatial perception or motor skills which is specifically developed for Meta Quest, Meta Quest 2 and Meta Quest Pro devices and is publicly available for download to users on the Meta Quest Store operated by Meta;

“User“ means a subject that uses the Application through a Meta VR device under license from DT ITTEL, regardless of whether it is an organization, a business entity (B2B partner) or a natural person - consumer as an end user in a B2C relationship;

“Confidential Information” means any information regarding DT ITTEL and/or the Services that is not publicly available or is designated as confidential by DT ITTEL, including the content of any agreement between Parties, the description of the Services, payment terms, pricing information, business model, strategy, know-how, intellectual property, etc., except for the information provided in these GTC;

“DPA” means a data processing agreement concluded pursuant to Article 28 of the GDPR;

“Fee” means the financial remuneration for the Application and the Services provided to the User and paid to DT ITTEL in the amount and in accordance with the payment terms agreed under these GTC and the Contract;

“GDPR” means the General Data Protection Regulation adopted at the level of the European Union;

“Contract” means the agreement concluded between DT ITTEL and the User, with the subject matter of a license grant to use the Application by DT ITTEL to the User for a fee, regardless of whether this agreement is formed only by these GTC or by a separate agreement to which these GTC apply, whereby the moment of conclusion of the Contract is deemed to be the User's download of the Application from the Meta Quest Store, when at the same time the acceptance of these GTC by the User occurs, together with Fee payment for the Use of Application if applicable;

“Intellectual Property” means any work, information, patent, database, trademark, code, source code, graphic, software, its documentation, name, mark, image, text, meta-tag or other item protected or eligible for protection under applicable intellectual property or copyright laws that belongs to DT ITTEL or rights to whose belong to DT ITTEL;

“Meta VR device” collectively means the terminal equipment of Meta Platforms Ireland Limited, with registered office at Merrion Road, Dublin 4, Ireland and Meta Platforms, Inc., with registered office at 1601 Willow Road Menlo Park, CA 94025, USA and its affiliates (the "Meta"), such as the terminal equipment (MetaQuest VR headset, MetaQuest 2 and MetaQuest Pro);

“Services” collectively means services relating to the Application within the scope of the Contract and these GTC, consisting in particular of technical support, testing, maintenance and ensuring the operation of the Application, and in particular the correction of operational errors of the Application;

“Privacy Policy” means DT ITTEL's privacy policy created and used specifically for the Application and made available within MetaQuest Store and also available at: https://www.deutschetelekomitsolutions.sk/en/privacy/Cognity;

“Party” or “Parties” means a party or parties of these GTC being DT ITTEL and the User;

„Standard Contractual Clauses“ means the Standard Contractual Clauses annexed to European Commission Decision no. 2021/914;

“User Account” means the dedicated access account created by the User within Meta platform for the purpose of using the Application;

“Website” means website of DT ITTEL available at: https://www.deutschetelekomitsolutions.sk/

1. 2. All capitalized terms defined in these GTC may be used in the Contract without the need to redefine and reexplain those terms and are construed in the same manner as set out in these GTC.

2. Terms of use
   1. User agrees and accepts these GTC by downloading the Application to its Meta VR device.
   2. These GTC are available for Users on our Website and in the description of the Application within Meta's application store.
   3. These GTC govern the use of the Application and related Services, the respective rights and obligations of the Parties and other aspects expressly set out herein. Users also acknowledge that by accepting these GTC, the Parties enter into a binding contractual relationship whereby DT ITTEL is obliged to enable the use of the Application and provide the Services in accordance with the Contract and based on these GTC.
   4. The Application is available to the User by its downloading from the Meta Quest Store or respective Meta's online platform. The User acknowledges that, the User may be required to register for the Meta environment through a private Facebook account or MetaQuest Business/Work account in order to use the Application, regardless of whether User is a business entity, healthcare facility or individual. The Application also allows two options of logging an end user's headset either into an Oculus account (old Meta platform for VR) or into a MetaQuest account (new Meta platform for VR). In this regard, the User shall take into account that the respective Meta and MetaQuest accounts are subject to terms and conditions such as the Meta Platforms Technologies as well as the Supplemental Meta Platforms Technologies Terms Of Service, and the Oculus accounts are subject to the Oculus for Business Enterprise User Agreement as well as the Oculus for Business Data Processing Addendum.
   5. The User agrees to use the Application for the purpose intended by and in accordance with these GTC or any other rules that may apply to the use of the Application. Any use of the Application that is contrary to the rules so defined shall be deemed to be a material breach of the Contract.
   6. We use reasonable efforts to maintain the continuous availability of our Application and Services. However, User acknowledges and agrees that our Application and Services may not be available at any time without breach of these Terms and Conditions.
   7. DT ITTEL reserves the right to immediately terminate the Application, stop providing any Services and remove any User Account that is being used or is reasonably deemed to be used in violation of these GTC.
   8. The User shall be entitled to use the Application upon payment of the Fee pursuant to Section 3 of these GTC.
   9. The User hereby declares that the User has been duly instructed and acknowledges that the Application is made up of electronic content not delivered on a tangible medium, and that the use of the Application has been commenced with the User's express consent, whereby, at the same time, the User ceases to have the right to withdraw from the Contract in accordance with the relevant legislation applicable to the consumer protection in the sale of goods or provision of services under a distance contract.

3. Fee and payment terms
   1. In case of paid version of Application, the User is obliged to pay the Fee for the use of Application. The Fee includes of a license to use the Application granted pursuant to Section 6 of these GTC. In case of free demo version of Application, license is provided free of charge.
   2. The purchase of the Application is only available if the User is located in a country within which the Application and its content is provided. DT ITTEL reserves the right to refuse, restrict or block the User's access to the Application for any reason whatsoever.
   3. The User acknowledges that, it may be necessary for use of the Application to create a personal account within the relevant Meta Platform.
   4. In order to make purchase of paid version of Application, User will be asked to provide evidence of Fee payment. By providing details of the method of payment Fee, User confirms that: (i) User agrees to the amount of the Fee; (ii) Users has read and agrees to these GTC or any separate agreement and any related terms and conditions; (iii) payment details of the User are correct; and (iv) User is entitled to make Fee payment in this manner.
   5. The Fee includes DT ITTEL's costs associated with the provision of the Services. For the avoidance of doubt, the Fee does not include any services outside the scope of the Services which are not specifically agreed under the GTC or the Contract and are subject to individual payment arrangements to be agreed between the Parties.
   6. The amount of the Fee and its due date is explicitly stated at the time of purchase of the Application, and User hereby agrees to pay all related fees charged by DT ITTEL upon purchase of Application .
   7. Users hereby acknowledges that additional payment processing or exchange rate fees may be applied by the payment service provider, and DT ITTEL shall not be responsible for such additional fees.
   8. We will send email notification to the User and make the contents of the Application available to the User upon receipt of payment for the Fee made by User or authorisation of payment by a payment service.
   9. The Fee and any amounts are exclusive of VAT (value added tax), which shall be added to such amounts pursuant to any local and international tax legislations.
   10. In the event of any termination of the Contract, the Parties shall not refund any performance already provided under the Contract. Termination of the Contract shall be without prejudice to the User's obligation to pay the Fee for access to the Application and the Services provided prior to termination of the Contract.

4. Registration and Application subscription
   1. In order to access the content of the Application, the User shall register for a User Account.
   2. As part of the registration for User Account, the User is obliged to provide correct and accurate information and at the same time to have a residence in the country for which the Application is available, while not using any method to disguise the residence or other geographical limitation.
   3. In the event that the User purchases an automatic subscription to the use of the Application, the User also consents to the automatic invoicing of the Fee for each subsequent renewal period of the use of the Application without the need for any further action or consent by the User.
   4. Application subscription shall renew automatically unless terminated by the User. The User may terminate the subscription at any time with effect after the end of the current subscription period and the User will be able to use the Application until the end of the subscription period.
   5. DT ITTEL reserves the right to change the Fee. Such change of Fee shall apply to the period for which the Fee has not been yet paid by the User. The User shall be notified of this change at least 15 days before the end of the period for which Fee has been paid.

5. Confidentiality, Confidential information
   1. The User shall maintain strict confidentiality in relation to the Confidential Information and shall not disclose the Confidential Information to any third party without the prior written consent of DT ITTEL.
   2. User that is a business entity may disclose Confidential Information to its employees, provided that such disclosure is necessary and provided that such personnel are bound by the same confidentiality obligations imposed on the User under these GTC.
   3. User may disclose Confidential Information to public authorities if such disclosure is required by law, provided that DT ITTEL is informed in advance of such disclosure and has the opportunity to object such disclosure.
   4. DT ITTEL is obligated to the same level of confidentiality with respect to any data provided by the User as a result of the use of the Application and related Services.

6. Copyright, Intellectual Property
   1. All intellectual property rights or copyrights to the Application and its digital content, including the content of the Services, any modifications to the Application, new releases and versions of the Application, as well as all other derivatives of the Application, belong exclusively to DT ITTEL.
   2. By entering into the Contract, we grant the User a non-exclusive and non-transferable license to use the Application and the Intellectual Property contained therein for personal, private use only (unless commercial use is expressly permitted under your terms and conditions or the applicable subscription terms).
   3. In case it was between DT ITTEL and User separately agreed commercial use of the Application by the User is agreed, DT ITTEL grants such User a non-exclusive license to use the Application and the Intellectual Property contained therein for commercial use, whereby such User is entitled to use the Application to the extent of the purchased licenses (license keys) and under conditions agreed with DT ITTEL.
   4. User may not (without our prior written consent) copy, display, modify, translate, download, reproduce, create derivative works from any (part of) the Application, the Intellectual Property and/or the Services, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any (part of) the software, lease, assign, transfer or otherwise convey rights in (part of) the Intellectual Property and/or any part of the Application and/or Services to any unauthorized third party, remove any proprietary notices or marks that are part of any Intellectual Property, Application or Services.
   5. User shall not display the Application and the Intellectual Property in a manner creating a negative, false or misleading impression of us, the Application or our Services; to use, post, transmit or create any device, software or activity that could infringe any Intellectual Property, the Application and/or the operation of the Services.
   6. After the conclusion of the Contract, the User shall use the Application only with compatible hardware devices and to the number of licenses purchased for the current use. This Contract governs solely the permission to use the copyrighted work. Distribution of copyrighted work is prohibited by law. Any infringement of DT ITTEL's copyrights shall result in a claim for damages to be incurred by DT ITTEL in full.
   7. The subject of the licence under this Contract is to use the Application and the Services, and the licence granted by us does not constitute ownership of the contracted content of the Application. In order to use the digital content of the Application and the contracted Services, a stable internet connection, Meta VR hardware as a compatible hardware set up and the maintenance of your personal User Account is required. The required technology, internet connection, and fees for accessing and using the content of Application are made available by User at own expense.
   8. DT ITTEL reserves the right to (automatically) update the content of the Application, which may lead to changes in the system requirements for the use of the contracted content of the Application. The User declares consent to automatic updates and understands and agrees that this Contract (including the applicable subscription terms) does not guarantee the User the right to future updates, new versions or other possible improvements to the contracted content of the Application and the Services.

7. Warranties and liabilities
   1. The Application is provided by DT ITTEL as is available on the relevant Meta Platform, and the User acknowledges that the Application is not a medical device or any other medical or healthcare software. To the maximum extent permitted by applicable law, except as expressly provided in these GTC or the Contract, we make no other warranty of any kind, whether express, implied, statutory or otherwise, including, without limitation, warranties of merchantability, suitability for a particular use, or warranty of compliance with specific regulations.
   2. Under the Contract, DT ITTEL warrants access to the Application under the agreed terms and conditions only provided that User uses the correct and compatible operating system and the correct Meta VR device as described in the Contract.
   3. DT ITTEL reserves the right to change and update the content of the Application from time to time, including the addition of premium features, while being entitled to separate them from the content made available to the User and offer them as new virtual content or premium features and/or to change them or offer them in a free trial version.
   4. DT ITTEL is not liable for errors, malfunctions or damages caused by inappropriate use of the Application, modified system components of the Application or its content, interface and parameters, the use of incompatible hardware or software or non-standard conditions under which the Application is used.
   5. DT ITTEL and its employees, licensors and business partners shall not be liable to Users for any loss or damage arising out of the User's actions or breach of this Contract, or arising out as a result of an act or its omission of a third party (or any other party) outside of DT ITTEL's control.
   6. DT ITTEL shall only be liable for damages incurred by the User in connection with the use of the Application in the event of a breach of its contractual obligations under the Contract and only in the event of proven wilful intent or gross negligence that is causally related to the occurrence of the damage.
   7. DT ITTEL's liability for indirect damages, incidental, punitive or consequential damages or loss of profit, loss of data or claims of third parties shall remain excluded.
   8. DT ITTEL´s inability to fulfil its contractual obligations after the conclusion of the Contract affecting the provision of the Application or other unavailability of the digital content due to force majeure, such as war, terrorism, natural disasters, fires, strikes, lockouts, embargoes, epidemics, pandemics, power failure, failure of means of transport, failure of the telecommunications network or data line, changes in legislation shall not be deemed a breach of the Contract.
   9. DT ITTEL´s liability for any damage to the Meta VR device hardware resulting from improper use of the hardware device when using the Application shall be also excluded. DT ITTEL shall not be liable for any damages caused by Users to third parties when using the Application.
   10. In case of dissatisfaction, the User, in capacity of a consumer, is entitled to complain about defects of the Application consisting in non-functionality or other conflicts with the guaranteed functions of the Application according to the Contract.
   11. If the User in capacity of a consumer, submits a claim, DT ITTEL shall inform the User of rights, and according to the nature of the claimed defect, DT ITTEL shall determine the manner of handling the claim and its duration which shall not last longer than 30 days from the date of submission of the claim expect of justified cases.
   12. If the User in capacity of a consumer, is not satisfied with the manner in which DT ITTEL has dealt with its complaint, or if the User believes that its rights have been violated, the User can contact DT ITTEL with a request for redress in the form of an e-mail to cognity@telekom.com. If DT ITTEL does not accept the request of User or does not respond within 30 days from the date of sending the request, the User has the right to turn to the alternative dispute resolution entity of its choice in order to protect its consumer rights. In the event of a cross-border dispute, the User who is consumer has the right to contact the European Consumer Centre, which will provide him with the delivery address, electronic address or telephone contact of the ADR entity competent to resolve its dispute.
   13. Online dispute resolution is provided by a platform operated by the European Commission (the „ODR platform“). A User, who is a consumer, is entitled to use the ODR platform to resolve disputes, in the language of its choice. The ODR platform can be accessed online at http://ec.europa.eu/consumers/odr.
   14. Please note that User shall be able to only use alternative dispute resolution is the User is a natural person who is not acting within the scope of its business, employment or profession when concluding and performing a consumer contract. Alternative Dispute Resolution only applies to a dispute between the User - consumer and DT ITTEL arising out of or related to a consumer contract. Alternative Dispute Resolution applies only to distance contracts. DT ITTEL is not obliged to participate in this dispute resolution method but may choose to do so.

8. Personal data protection
   1. User's personal data may be processed by DT ITTEL within the registration process of the User as well as in the process of the actual use of the Application or the provision of the Services.
   2. The manner of personal data processing by DT ITTEL, as well as the scope, purpose, legal basis and other details are explained in more detail in the Privacy Policy. The Privacy Policy also explains in more detail the position of DT ITTEL and the User in relation to the personal data processing, both if the User uses the Application as a private person or as a business entity for commercial purposes for its customers. The Privacy Policy is not part of the agreement between the Parties and may be unilaterally changed by DT ITTEL.
   3. The User acknowledges that the functionality of the Application and the related Services, including the ongoing testing, enhancement and maintenance of the Application, are part of the performance of DT ITTEL's rights and obligations under the Contract and are therefore strictly necessary for the purposes of processing the personal data stored on the terminal equipment (Meta VR device) of the Users of the Application and accessing the information on such terminal equipment for the purposes of DT ITTEL's performance of the Contract as well as for the provision of the information society service requested by the User.
   4. DT ITTEL informs the User that, pursuant to the relevant legislation, the User may be addressed by means of electronic mail or push-notifications and notifications displayed directly on the Application for the purpose of direct marketing of its own similar goods and services. The User may opt-out of direct marketing communications at any time by using the unsubscribe mechanisms included in the electronic communications or by sending an objection to direct marketing to: FMB_dataprivacy@t-systems.com.
   5. The User acknowledges that the protection of Uder´s privacy and personal data depends to a large extent on the level of privacy settings within the User Account, the Application, as well as on the data entered within the use of the Application. Therefore, the User is obliged to take care to protect its privacy with the pre-set protection elements to the maximum extent possible and not to use private accounts on the social network Facebook for registration and to enable the private profile as well as the asset visibility settings in the MetaHorizon Profile settings in the relevant settings within the MetaQuest platform (more information is available via this link).
   6. Given the possibility that in connection with the use of the Application by the User in the context of its business activities, there may arise a need for the processing of data of the User and its (company) customers by DTI ITTEL as an processor on behalf of and for the purpose defined by the User, the Parties conclude, on the basis of these GTC, a personal data processing agreement in accordance with Article 28 (3) GDPR.
   7. In accordance with the provisions of the GDPR, the User hereby authorises DT ITTEL as the controller for the personal data processing occurring in the context of the use of the Application, to process personal data for the purposes of developing and improving the software of the Application, including the possibility for DT ITTEL to access the User's data when providing technical support and assistance to the User of the Application or configuring the settings of the Application and providing service to the Application at the request of the User.
   8. Processing relates to any type of personal data uploaded by the User or its customer to the Meta VR device or to the Application, for the purposes of processing as defined by the User. Special categories of personal data or data relating to guilty pleas for criminal offences and misdemeanours are not expected to be involved, unless the User decides otherwise. The subject of processing shall typically be limited to general categories of personal data, which typically will include the general categories of personal data specified in more detail in the Privacy Policy.
   9. Categories of Data Subjects include the User's customers and other natural persons who use the Application with the User's consent and in the course of the User's business.
   10. The subject and nature of the processing is governed by the specific relationship between the User, DT ITTEL and Meta as defined within these GTC as well as the relevant policies issued by Meta. The Processing shall not be carried out in violation of these GTC and the relevant rules of Meta.
   11. DT ITTEL will only process personal data as a processor based on documented instructions from the User as the data controller, including transfer of personal data to a third country or an international organisation, except where required by European Union law or a specific law. The User will carry out the documented instructions exclusively via email to cognity@telekom.com.
   12. The User hereby authorizes DT ITTEL to transfer the data processed within the Application and within the respective Meta and Unity platforms to the United States of America, in accordance with the terms and conditions of the transfer according to the Standard Contractual Clauses referred to in the Privacy Policy. The User acknowledges that as of July 10, 2023, cross-border transfers to the the United States of America are able to also be made in relation to Meta Platforms, Inc. pursuant to the European Commission's Decision of July 10, 2023 on the Adequacy decision for the EU-US Data Privacy Framework.
   13. The User gives general instructions to DT ITTEL to use the sub-processors necessary to fulfil the agreed purposes of the processing of personal data. For the avoidance of doubt, the User is deemed to have authorised all sub-processors of which DT ITTEL has been duly informed by means of the relevant information published in the Privacy Policy. DT ITTEL shall notify the User via available means of the intended change or involvement of a sub-processors and allow the User to object to such changes, including by means of a notification of a material change or amendment to the Privacy Policy.
   14. DT ITTEL shall maintain the confidentiality of personal data obtained from or on behalf of the User and shall ensure that the persons authorised to process personal data on behalf of DT ITTEL undertake to maintain the confidentiality of the processing of the User's personal data.
   15. DT ITTEL shall provide the User with all information necessary to demonstrate compliance with the obligations under Article 28 of the GDPR and shall cooperate and allow audits as well as inspections carried out by the User or another auditor appointed by the User.
   16. DT ITTEL shall assist the User in fulfilling its obligations as a data controller to respond to requests to exercise the rights of the data subjects, as well as other obligations of the User under the GDPR (e.g., in carrying out data protection impact assessments under Article 35 of the GDPR), considering the nature of the processing of personal data and the information available to DT ITTEL.
   17. The processing period is set for the duration of the relationship between DT ITTEL and the User pursuant to this Contract. DT ITTEL shall be entitled to store and process personal data even after the termination of this relationship, to the extent required by DT ITTEL's processing purposes, provided that DT ITTEL has a sufficient legal basis for such processing pursuant to Article 6 (1) of the GDPR which is also a compatible purpose for processing personal data pursuant to Article 6 (4) of the GDPR, which is subject to a retention period for the retention of personal data defined with an emphasis on compliance with the principle of the minimisation of the retention period of personal data pursuant to Article 5 (1) (e) of the GDPR. The User has the right to effectively prevent the possibility of access and processing of personal data by DT ITTEL at any time by deleting the Application from the Meta VR device.
   18. The User who is a business customer of DT ITTEL is entitled to enable the use of the Application by persons under the age of 16, provided that prior verifiable consent from the legal guardian or person authorised to exercise parental rights and obligations in respect of such minor in accordance with the requirements of Articles 7 and 8 of the GDPR has been obtained. In these cases, the User, who is a business customer of DT ITTEL as an independent controller, bears the sole legal responsibility for obtaining consent to the processing of the personal data of a minor using the Application. In such cases, the User is obliged to apply the available User privacy settings and, where applicable, any other appropriate additional measures (adopted e.g. on the basis of its own risk analysis or data protection impact assessment) to a greater extent.
   19. Individuals under the age of 16 are entitled as consumers to download, install and use the Application on their own, provided that their legal guardian or holder of parental responsibility provided consent and had the opportunity to read these GTC and the Privacy Policy and subsequently verified this consent by making an authorised electronic payment for the use of the Application from their own bank account. In case of any doubts of DT ITTEL about the age of the actual users of the Application, the User is obliged to allow a closer individual verification of whether the consent was given and the authorized electronic payment from the bank account of the legal representative of the minor (B2C) of the User was made.

9. Final provisions
   1. These GTC and the Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Slovak Republic.
   2. The Parties agree that the Slovak courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these GTC.
   3. Should any provision of these GTCs prove to be void, invalid or unenforceable, the remaining provisions shall remain effective, valid and enforceable. The invalid, void, ineffective, or unenforceable provisions shall be removed and/or modified by the Parties to best reflect the intentions of the Parties when originally concluded.
   4. Any communication or notification between the Parties shall be primarily made electronically by the contact emails set out in the Contract, in these GTC or User Account. Each Party shall notify the other Party without undue delay of any change in contact details. Until such change of contact details is notified to the other Party, the other Party may use the original contact details for any notice that is deemed to have been given to the Party in breach of the Contract, even if returned as undelivered. We may also deliver any communication or notice through the User Account under which User is registered.
   5. The relevant legislation regarding the application of national and international consumer protection laws, where such provisions apply to the User, shall remain unaffected.
   6. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these GTC and Contract or to disputes arising out of or in connection with these GTC and Contract. 
   7. User is not allowed to transfer its rights and obligations under the Contract and these GTC, in whole or in part, without the explicit written consent of DT ITTEL.
   8. Either Party may at any time set off any liability or claim payable against a claim payable by the other Party where such liability or claim arises under these GTC. If the liabilities or claims to be set off are in different currencies, the Party claiming the set-off may convert the liability or claim at the market exchange rate for the purpose of the set-off.
   9. DT ITTEL may change these GTC at any time for any reason by publishing a new version of these GTC on the Website. New version of the GTC shall be effective as of the "effective date" as specified in the GTC, but not earlier than the 30th day following the publishing of such updated version. The User indicates its acceptance to the changes to the GTC by continuing to use the Application.
   10. These GTC are available in Slovak and English language versions. In the event of any conflict between the language versions, the Slovak version shall prevail.