General Terms and Conditions of MoistureGuard s.r.o.

("MoistureGuard s.r.o.")

Valid from 01.09.2023

1. General information

1. These General Terms and Conditions of Business (hereinafter referred to as "GTC") apply to all contracts, deliveries and other business relations between the Customer and MoistureGuard s.r.o., Hradešínská 1768/22, Vinohrady, 110 00, Prague 10, ("MoistureGuard" or "we") unless otherwise expressly agreed in writing in individual cases.
2. Customers within the meaning of the GTC are both consumers and entrepreneurs.         
3. Any different terms and conditions of the customer are expressly rejected. No further express agreement to the Customer's T&Cs by MoistureGuard is necessary. The Customer's T&Cs do not become part of the contract even if MoistureGuard does not expressly object to them after receipt. Ancillary provisions require MoistureGuard's written confirmation to be valid.
4. These GTC apply to the provision of our services. This includes the delivery of MoistureGuard hardware, the activation of MoistureGuard hardware, the collection, monitoring and evaluation of the data collected, the support and further development of MoistureGuard software, and the support provided by our customer service department (the "Services").           

1. Definition of terms 

1. MoistureGuard is a manufacturer of a continuous building moisture monitoring system and provider of its own monitoring service.               
2. For the purposes of these GTC, Customer means the purchaser of the MoistureGuard System and other suppliers of the MoistureGuard System such as construction companies, developers, architects or property designers.                         
3. The recipient of the monitoring is the person who receives information about the humidity level in the building and other preventive or risk messages.  The recipient may or may not be the same as the customer.
4. The MoistureGuard hardware consists of a central unit, sensors and cabling.                            The number of sensors always depends on the specific building plan, which determines the areas to be monitored. The system consists of the following components:       

• CUCentral unit                    
• HT measurementtemperature and humidity               
• HT/R           temperature and humidity measurement with higher water resistance for flat roofs    
• MHT measurement of air temperature and humidity, measurement of wood mass moisture content               
• MHT/R        flood sensorfor flat roofs made of CLT panels (including flooding)
• FHT/I          flood sensorfor positioning above the floor    
• FHT/C         flood sensorfor underfloor location (on building
• FHT/R         flood sensorfor flat roofs (including flooding)   
• IAQ measurement of indoor air quality 
• BHT measures temperature and humidity in porous materials such as brick, concrete, etc.   
• Water shut-off electronically controlled water shut-off, connected to a flood sensor.       
• Cabling        All sensors are connected by a cable that provides both power to the sensors and data flow between the sensors and the central unit.                                 

• As the most important part of the MoistureGuard system, the software enables continuous data collection from the installed sensors. The central unit securely transmits the collected data to a third-party cloud storage system.                     

1. The cloud is a repository of algorithms where analytical activity involving artificial intelligence takes place.  The cloud is provided by a third party.                       
2. The monitoring service is at the heart of the MoistureGuard system and allows you to monitor water leakage, excessive humidity and condensation in the interior and exterior of the building.                         

1. Description of services

1. By purchasing a MoistureGuard system, the customer receives a hardware and software humidity monitoring solution that has been developed by MoistureGuard experts specifically for the customer's property. With the purchase, the customer not only gains hardware, but also advanced property and health protection through a unique closed system that combines individual sensors, a central unit and a cloud-based analytics center and features active, continuous monitoring. MoistureGuard does not affect or protect against material wear and tear, construction defects, mechanical damage or misbehaviour during property use. However, the system can detect such events early and inform the customer in time to prevent or at least minimalize damage.
2. Before entering into a contract, the customer always has the option of asking MoistureGuard for advice on a specific property. MoistureGuard offers three basic levels of protection developed for buildings with an average floor area of 130 m2 , which can be further customised according to the customer's requirements and the specific building. A distinction is made between:  

1. Protection of the wooden building structure.   

Includes 5 MHT sensors, 2 HT sensors and 1 central unit including cabling  

• Protection against flooding

including flood FHT-sensor and water shut-off

• Indoor air quality control

contains a sensor for monitoring indoor air quality (IAQ). 

• Protecting the building envelope

contains a varying number of HT-sensors, which are installed under HS portals, skylights, etc., or installed to monitor possible excessive condensation on garden valves and other locations.            

• Protection of flat roofs

contains a varying number of HT/R-sensors for the control and protection of flat roofs of buildings, usually 1 sensor per 20 m² is used.     

• Other segments/verticals are: 

• Production companies for wooden panels 
• Storage and logistics of wooden boards (semi-finished products)    

1. Installation of the MoistureGuard system, i.e.

• installation of sensors according to the agreed sensor and cabling design, including sensor testing      
• commissioning of the central unit (CU) and system start-up/activation        

is carried out by the customer or by a third party at the customer's expense. If necessary, MoistureGuard will provide the Customer with its installation and sales partners who can provide the above work. The Customer undertakes to carry out the work according to this clause to the agreed extent and quality at the place and time specified in the order, which is a prerequisite for the activation and monitoring of the system by MoistureGuard.                                  

The following tools are available for installation:         

• Installation video Youtube /Senzomatic
• Installation Guide 3.4 in the current version      
• Senzomatic company profile
• Information sheet for customers
• User manual
• Product descriptions for MHT, HT, FHT and ZE sensors (on request)       
• General documents available on the MoistureGuard website and on MoistureGuard's YouTube channel and social media.

1. The customer is responsible for the technical condition of the MoistureGuard service site and for the preparation of the site for the provision of services within the agreed timeframe in accordance with the terms and conditions set out in the contract.

For clarification, it is stated in this context that MoistureGuard will ensure that sensors are installed in locations that have a statistically higher risk of moisture. The level of protection, i.e. minimising the risk of moisture, is also directly dependent on the number of sensors installed. MoistureGuard recommends a higher level of protection especially in skylights, HS portals, doubling the number of sensors in larger bathrooms and kitchens, or flood sensors and combining them with main water supply.

1. The system can be configured and activated under the following conditions:         

• All sensors are installed and connected by cable to the central unit, which is located in the switchboard. Everything is connected to one electrical circuit.     
• From the moment the central unit is activated and connected to the Internet, the central unit collects data in a cache, which is then sent to the cloud.                         
• There is an active internet connection in the building or mobile data is available, usually in the form of a router with a prepaid data card.
• The system must always be tested via the central unit to check that all sensors are uploaded and registered under their code name in the central unit and that they are in the "active" state. Activation of the system can be done directly by the customer or by the recipient; MoistureGuard offers technical support in the form of installation manuals and instructional videos. There is also the option to have a trained electrician physically activate the system or provide remote activation support (fee-based service).        

1. Customer account activation after hardware installation:        

1. The customer is entitled to access the MoistureGuard Customer Zone upon payment of the monitoring fee. This access is done after confirming the customer's e-mail address by sending a contact e-mail address to info@senzomatic.com . The customer can also request access to the customer zone for other persons (e.g. for a construction company or, in the case of B2B customers, for the owner or user of the building).         

1. Professional support in the form of continuous monitoring is an essential element of the system and is provided exclusively by MoistureGuard as a service to protect trade secrets and extremely challenging data interpretation. Artificial intelligence and advanced algorithms are used to analyse the data, as well as specific and individual advice from MoistureGuard specialists. Once the system is activated, the sensor data is sent to MoistureGuard and collected by MoistureGuard. During the agreed monitoring period of the system, the data sent from the sensors to the central unit (CU) is continuously monitored, observed and evaluated by MoistureGuard. MoistureGuard will use the collected data to alert the customer to emerging or imminent risk situations (humidity, water leakage), advise them of possible causes of increased humidity and suggest possible solutions based on the information provided by the customer. If you have any questions regarding monitoring, please contact MoistureGuard at adreseinfo@senzomatic.com.                                                                                                                                 

1. 8.           The customer is responsible for the actual implementation of the proposed measures to resolve the resulting moisture.                  If you have any questions, please contact MoistureGuard via email: info@senzomatic.com
2. An annual subscription to MoistureGuard moisture monitoring is automatically purchased with the purchase of system hardware. The monitoring service is offered in " Standard " or " Premium " versions. It should be noted in this context that although the customer is not obliged to purchase the monitoring, the hardware is of no practical use without it.                         

The monitoring system is purchased for a fixed period of time for the first 24 months from the activation of the system and can be renewed for a further 1 year, whereby the order must be confirmed/activated at least one month before the expiry of the current subscription. The monitoring system is only active if the order is active and the monitoring fee has also been paid in accordance with the payment methods described below. In the event that the monitoring service is discontinued due to late payment by the customer, MoistureGuard will charge a service fee according to MoistureGuard's current price list (available upon request or downloadable from MoistureGuard's website).        

Monitoring is offered in two variants: the "Standard" and the "Premium". The range of monitoring services in each variant can be found in the appendix.            

1. By ordering the hardware and associated monitoring, the customer agrees to exchange data between the central unit (CU) and the cloud provider. The data is transferred for the sole purpose of protecting health and property through early detection of moisture and water leakage. The data exchange is continuous as long as the CU is active, i.e. connected to power and connected to the internet.         

1. In order to communicate quickly and efficiently with customers, MoistureGuard offers a customer account with various access and setup options. Upon payment of the monitoring fee, the customer is entitled to activate the customer account and access the system. The customer account is activated by MoistureGuard upon confirmation of the customer's email address via email to info@senzomatic.com. Once access is activated by MoistureGuard, the customer will receive an email with a link to create a password. Once logged in, the customer has access to MoistureGuard's brochures and partial access to a graphical representation of the data collected.         

For the purpose of communication with the customer, the customer's contact details (telephone, e-mail, consent to telephone, SMS or e-mail contact) must be recorded in full. The above communication is carried out in accordance with an individual assessment and evaluation within MoistureGuard's internal monitoring processes by specially trained specialists. The type of communication varies depending on the subscription purchased (Standard or Premium).  

1. Offer and conclusion of the contract 

1. The descriptions of our services on our website, brochures, websites or in third party documents are for information purposes only. Furthermore, we assume no responsibility for the timeliness and accuracy of the information provided on the website or in third party documents.         
2. MoistureGuard quotations are non-binding and may contain typographical and other errors.               The specific offer is based on the contents of the contract and supporting documents such as price lists. The offer is valid for a period of one (1) month from the date of issue, with the validity period being calculated from the date of the first quotation in the relevant business case.                           
3. The prerequisite for the provision of our services is the conclusion of a contract with us and the payment of a usage fee. The contract is deemed to be concluded at the moment of written confirmation of the offer from MoistureGuard including the sensor design (email confirmation is sufficient).           
4. In the absence of any other agreement, quotations or cost estimates to MoistureGuard are binding and free of charge.           
5. MoistureGuard may perform the services itself or have them performed by a subcontractor.               
6. The following documents are part of the contract documentation, and in the event of any conflict, the documents shall apply in the order listed:      

• Customer order, which consists of a confirmed quote from MoistureGuard including an agreed sensor design,   
• MoistureGuard Service Agreement, if such written document has been created, 
• these General Terms and Conditions,          
• Complaints Policy and MoistureGuard Privacy Statement (available for download on the website). 

1. In order to use our services, you must create a personal profile with us. The profile contains in particular your full name, delivery address, contact and payment details. Further details on activating your customer account can be found in Part III of these GTC.  

1. Deadlines

The system hardware shall be delivered within 4-8 weeks of the payment of the deposit pursuant to Article VI, unless otherwise agreed (hereinafter also referred to as the "Term"). The Term shall be extended:   

• by mutual agreement,
• due to reasons or obstacles not caused by MoistureGuard, in particular if the customer's work (hardware installation, system activation) has not been carried out properly or on time. In this context, reference is made to the period of validity of the quotation and any change in price due to postponement, which may occur at the customer's expense.                       

1. Payment terms

1. Prices for MoistureGuard hardware and software, monitoring and other MoistureGuard services are based on MoistureGuard's current price list unless otherwise expressly agreed with the customer. The price list is available for download on the MoistureGuard website or will be sent to the customer upon request.                  
2. The cost of monitoring for the first 24 months after activation of the system is included in MoistureGuard's quotation unless otherwise specified and agreed, and is payable by the customer in advance.                              
3. The customer must pay a deposit of 50% of the price of the components (sensors, hardware, cables). The deposit and the monitoring fee are due within 7 days of receipt of the invoice.                     The invoice will be issued by MoistureGuard together with the signed contract or after written confirmation of the quotation by MoistureGuard and subsequently sent to the customer.                       
4. The remaining price is payable prior to delivery of the system on the agreed date based on an invoice issued by MoistureGuard. All (partial) invoices from MoistureGuard are payable within 7 days from the date of delivery of the invoice to the customer.                    
5. If a price increase occurs due to (additional) work and costs approved by the customer that exceed the originally agreed scope of MoistureGuard's services (hereinafter also referred to as "additional costs"), MoistureGuard is entitled to issue a separate invoice for the additional costs, payable 5 days from the date of delivery of the invoice to the customer.                                                     
6. The invoice shall be deemed paid on the date the invoiced amount is credited to MoistureGuard's account.                
7. MoistureGuard is also entitled to send invoices to the customer electronically.             The Customer expressly agrees to MoistureGuard sending invoices electronically.               

1. Reservation of the right of ownership

1. The goods remain the property of MoistureGuard until full payment is received.         
2. In the event of default of payment by the customer, we are entitled to exercise our rights under retention of title. It is agreed that the exercise of the retention of title does not constitute a withdrawal from the contract unless the withdrawal is expressly declared.                      

1. Liability/indemnity/warranty

1. MoistureGuard shall be liable to the customer for damages to life, limb and health and for damages caused by product defects in accordance with applicable law, as well as for all damages based on willful or grossly negligent breach of contract. Any further liability of MoistureGuard is excluded. MoistureGuard expressly excludes any warranty and liability for defects and damages caused by improper use, maintenance or installation by the customer, as well as in cases where the system or installation has been damaged by mechanical, water, surge, short circuit or high temperature.               
2. MoistureGuard is expressly not liable for damage caused by its own water ingress and leakage. The system and monitoring do not prevent water intrusion and leakage or serve as insurance, but are installed solely for the purpose of detecting water intrusion and leakage as early as possible and locating it as accurately as possible to reduce damage to property or health.                                                  
3. If water ingress or leakage occurs, MoistureGuard has no influence on the customer's behaviour. MoistureGuard can only provide information on acute or emerging water ingress risks in accordance with the terms of the contract. MoistureGuard also cannot be held responsible for the correct assessment of the possible causes of water ingress based on the data collected, as the assessment of the data depends on many factors, including customer behaviour, which are not apparent from the data and cannot be influenced by MoistureGuard.                                                                
4. 4.           By purchasing the system hardware and activating the monitoring, the customer gains increased ability to protect their property in terms of early detection of the causes of water damage, especially in areas that are not accessible and water intrusion or leakage cannot be detected visually at the first stage. The system monitors the locations where sensors are installed. The monitoring is only active if the customer has paid the monitoring fee properly and on time in accordance with the agreed terms and conditions. If the customer is in default of payment of the monitoring fee, MoistureGuard is under no obligation to communicate with the customer.                                                                                                       
5. Any claims for damages by the customer must be brought before a court within six months of becoming aware of the damage and who caused it, but no later than two years after the event giving rise to the claim.                                
6. The customer must prove that the damage was caused by MoistureGuard.                
7. The Customer shall promptly inspect the services provided by MoistureGuard and promptly notify MoistureGuard in writing of any defects, specifying the exact nature of the defect in accordance with the applicable S MoistureGuard Claims Policy, otherwise all warranty, indemnity and other claims of the Customer shall be void.                                       
8. The warranty period for delivered hardware and software components is 2 years from delivery.              
9. The customer must prove that the defect already existed at the time of delivery.
10. In any event, MoistureGuard shall be entitled to remedy defects at its discretion by repairing or supplying a new or missing item within a reasonable time. The right to a discount is excluded in such cases. MoistureGuard's Complaints Policy also applies.
11. If the Customer's claims of defects are unjustified, the Customer shall reimburse MoistureGuard for the costs incurred by MoistureGuard in establishing the absence of a defect or in remedying the defect.                     
12. A situation where the hardware is functional but the customer does not have an internet connection has no effect on the legal or contractual warranty period. MoistureGuard recommends activating the internet connection in advance so that the customer is actively protected at the time of commissioning.             

1. Complaints procedure

In the event of a defect, the customer is required to complete a complaint form, available on the MoistureGuard website, and email it to adresuinfo@senzomatic.com so that MoistureGuard can assess the defect.                                       If necessary, the customer must provide additional information. MoistureGuard's current Claims Policy (available on request or downloadable from MoistureGuard's website) applies to the assessment of the claim and the extent of the customer's rights under the defect. By accepting these GTC, you represent that you agree to the current Complaints Policy and the provisions contained therein.

1. Confidentiality agreement

1. Plans, sketches, cost estimates and other materials such as brochures, catalogues, samples, presentations and the like remain the intellectual property of MoistureGuard Any use, in particular transmission, reproduction, publication and disclosure, including copying, even in part, requires the express consent of MoistureGuard.                                    
2. MoistureGuard may request the return of any of the above documents at any time.           If no contract is concluded, they must be returned to MoistureGuard immediately without being requested.             
3. The customer further undertakes to maintain confidentiality with respect to third parties in the case of knowledge acquired within the framework of the business relationship.            
4. Any violation of these provisions by the Customer shall entitle MoistureGuard to terminate the contract early with immediate effect and to assert other legal claims, in particular to refrain from the conduct in question and/or damages.                          

1. Personal data protection

1. Customer data is managed in accordance with the SENZOMATIC Privacy Statement. The current Privacy Statement is available at www.senzomatic.com.  By accepting these GTC, you agree to the current Privacy Statement and to the processing of data in accordance with the provisions contained therein.
2. The Customer is obliged to provide personal data correctly and truthfully when entering into the contract and is obliged to notify MoistureGuard immediately of any changes to his/her personal data.    
3. If the customer provides MoistureGuard with personal data of another person in connection with a contract, the customer is responsible for ensuring that it has done so with the knowledge and informed consent of the person concerned and that it has previously complied with all legal obligations to protect that data.                                                  
4. 4.           By ordering the hardware and related monitoring, the customer agrees to exchange data between the central unit (CU) and the cloud provider . The data is transferred for the sole purpose of protecting health and property through early detection of moisture and water leaks. The data exchange takes place continuously as long as the CU is active, i.e. connected to power and connected to the internet.         

1. Consumer right of withdrawal from a distance contract     

1. The customer as a consumer has the right to withdraw from the contract within 14 days of the conclusion of the contract without giving any reason, if the contract was concluded at a distance and outside business premises. The withdrawal period is fourteen days from the date of conclusion of the contract. In order to exercise the right of withdrawal, the customer must inform MoistureGuard of his decision to withdraw from the contract by post, e-mail or telephone by means of an unequivocal statement of withdrawal. In order to comply with the withdrawal period, it is sufficient that the notice of exercise of the right of withdrawal is sent before the expiry of the withdrawal period. Please refer to our website for up-to-date contact details.                                                                                                  
2. The customer can use the sample form on the website to withdraw from the contract.             
3. If the Consumer withdraws from the Contract in accordance with the provisions of this Clause XII, MoistureGuard will consequently refund to the Customer all payments received less the cost of delivery, unless standard delivery has been used at the Customer's request, within fourteen days of the date on which MoistureGuard receives notice of withdrawal from this Contract. For this refund, MoistureGuard will use the same means of payment that the customer used for the original transaction, unless otherwise expressly agreed with the customer. MoistureGuard reserves the right to refuse a refund until MoistureGuard has received the hardware back or the customer has provided proof that they have returned the goods.                                                                                                           
4. The consumer is obliged to send or hand over the goods to MoistureGuard immediately, but no later than fourteen days from the date on which MoistureGuard informs the consumer of the withdrawal. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period.      
5. If MoistureGuard provides the services at the customer's request before the expiry of the withdrawal period, the customer shall pay MoistureGuard a reasonable portion of the agreed price for the services provided up to the time of withdrawal.          
6. The right of withdrawal is excluded if the ordered hardware has been manufactured to the customer's specifications or adapted to the customer's personal needs.     

1. Duration of the monitoring contract   

The contract or subscription for monitoring is for a fixed term and lasts for the period of time for which the customer has prepaid MoistureGuard the fee for this service. Termination of the contract is excluded.    

1. MoistureGuard's right of withdrawal

In addition to the statutory and contractually agreed reasons, MoistureGuard is entitled to withdraw from the contract in the following cases:     

1.           the commencement of insolvency proceedings on the customer's property, even at any time after the commencement of insolvency proceedings, including after the declaration of bankruptcy on the customer's property,

2.           Default by the Customer in the payment of any monetary obligation under the General Terms and Conditions or the Contract for a period of more than thirty (30) days.                    

3.           Repeated unsuccessful attempts to contact the customer, who does not even respond to MoistureGuard's request for contact, so that MoistureGuard can no longer be expected to cooperate with the customer.                             

1. Customer rights and obligations   

1. The customer is responsible for the following in particular in the case of services used by him:   

1. Ensuring that the MoistureGuard system has access to the Internet for fully functional transmission of signals to the monitoring system.                
2. Ensuring the complete operation of the MoistureGuard system (especially power supply and emergency power supply).       

1. The customer agrees to the use of remote means of communication when concluding the contract.             The costs incurred by the customer in using remote communication means in connection with the conclusion of the contract or the acquisition of services (monitoring) from MoistureGuard (internet connection costs) are borne by the customer.                              
2. The customer must immediately notify MoistureGuard of any damage or destruction of system hardware, especially sensors, cables or other system components.                     
3. The customer is obliged to keep his/her access data to the MoistureGuard system confidential and to protect it from misuse by third parties. In the event of a breach of this obligation, the customer is liable for any damages incurred by MoistureGuard or third parties as a result of misuse of the access data.    
4. Customer acknowledges that the MoistureGuard system may contain technical means (Digital Rights Management - DRM) to prevent illegal use of the MoistureGuard system in violation of these Terms.
5. Except as otherwise provided by law, Customer shall not be entitled to set off Customer's own claims against MoistureGuard's claims unless Customer's claim has been acknowledged in writing by MoistureGuard or determined by a court.                               

1. MoistureGuard's rights and obligations

1. MoistureGuard shall be entitled to limit or interrupt the provision of services for the necessary period of time for maintenance of the infrastructure required to provide the system and undertakes to carry out server maintenance as required between the hours of 00:00 and 6:00, unless operational reasons prevent this.                                                
2. MoistureGuard shall also be entitled to interrupt the provision of services for a necessary period of time if the provision of services is directly affected by a failure of hardware or software functionality of the system or network infrastructure, interruption of power supply, accidents, reconstruction of buildings and supply facilities or premises where the server is located.                                                   
3. MoistureGuard is obliged to inform the customer of any circumstances that prevent the provision of services, as far as possible in advance, if known to MoistureGuard and the provider, and if the provision of services should be interrupted for more than six hours, so that the customer can take the necessary measures.
4. MoistureGuard is not responsible for interruptions in service due to hardware or software failure of the system required to manage the network infrastructure, power outages, accidents, reconstruction of buildings and utilities or the premises where the server is located.                                           
5. Even after termination of the contractual relationship with the customer, MoistureGuard is entitled to collect and evaluate data from the installed hardware for its own research purposes.                          The customer is entitled to inform MoistureGuard in writing at the same time as the termination of the contractual relationship or at any time thereafter that he withdraws his consent in this point.                         

1. MoistureGuard Disclaimer

1. The customer is aware that the provision of MoistureGuard services is dependent on the correct transmission of data and signals. Accepts that MoistureGuard cannot provide any warranty for defective services that are caused:      

1. the processes and services that accompany or enable signal transmission from the device,      
2. GSM/GPRS networks, internet, etc., their quality and functionality,       
3. LAN components, their quality and functionality,     
4. hardware and software equipment outside the scope of MoistureGuard.      

1. MoistureGuard's liability for damages caused by lost profits is excluded.        
2. The customer is aware that the service, i.e. monitoring, is only provided if the fee is duly paid by MoistureGuard. If the Customer is in default of payment of the monitoring fee, MoistureGuard is not obliged to evaluate the data obtained from the sensors and, if applicable, to contact the Customer for monitoring.                                    
3. The Customer accepts that MoistureGuard shall not be liable for any failure of third party support services in connection with the provision of the Service (e.g. GSM/GPRS and similar network and telecommunications channel failures, internet network failures and outages) and for any damages incurred by the Customer as a result.                      
4. Except for the features of the MoistureGuard System expressly warranted in the Agreement, Customer's use of or provision of the Services by MoistureGuard is without express or implied warranty of any kind, and MoistureGuard makes no other or implied representations or warranties of any kind, including, without limitation, any warranty of fitness for a particular purpose. MoistureGuard does not warrant that the features contained in the MoistureGuard system will meet the customer's requirements.                                                      
5. MoistureGuard is not liable to the customer, user or insurance company for water damage. MoistureGuard shall also not be liable for any damages caused or incurred in connection with the remediation of the actual cause of the water leak or in the course of restoration.                                
6. The system may serve as a reference system for the insurance of a customer or user if the insurer wishes to consider the system as a possible above-average protection and thus possibly favour the amount of the sum insured or the claim. The scheme itself has no influence on this situation, as the individual approach of the different insurers and therefore the individual assessment of the respective insurance policy is assumed.       

1. Ownership and copyright 

1. All services rendered by S MoistureGuard, including services from presentations (e.g. designs, ideas, sketches, preliminary designs, final graphic solutions, concepts, negatives, slides), including their individual parts, remain the property of MoistureGuard, as do the individual parts and the original designs, and may be reclaimed by MoistureGuard at any time, in particular after termination of the contractual relationship. By paying the agreed price, the customer acquires a time-limited right of use for the agreed purpose. Acquisition of the rights to services from MoistureGuard requires in all cases full payment of the invoiced amounts.                    
2. MoistureGuard's consent is required for use of MoistureGuard's services beyond the originally agreed purpose and scope of use, regardless of whether the service is copyrighted. MoistureGuard and the author are entitled to special reasonable remuneration for this.          
3. Customer shall be liable to MoistureGuard for any infringing use at twice the reasonable charge for such use.               
4. MoistureGuard shall be entitled to use the results of its work or extracts thereof free of charge for its own promotional purposes, even after the end of the contractual period.      

1. Higher Power

1. MoistureGuard shall not be in breach of this Agreement and shall not be liable for any failure or delay in performing any of its obligations hereunder to the extent such failure is the result of acts, events, omissions or accidents beyond its reasonable control or attributable to such circumstances ("Force Majeure"), including events such as fire, flood, earthquake, storm or other natural disasters; pandemics and epidemics, in particular the Covid-19 pandemic; war, armed conflicts; terrorist attacks, civil war, civil disturbances or riots; nuclear, chemical or biological contamination; fire, explosion or accident; collapse of building structures, failure of machinery, computers or vehicles and/or strikes, and the time for the fulfilment of these obligations shall be extended accordingly. The corresponding obligations of the other party shall be suspended to the same extent.                                                                                                             
2. The Parties agree that in the event of force majeure, they will negotiate an amendment to the Contract and all relevant provisions that takes into account the effects of force majeure on the obligations of the Parties and is economically consistent with the original purpose of the Contract to the greatest extent possible.
3. If, despite their best efforts, the parties fail to agree on a modification of the contract within the meaning of paragraph 2 and the event of force majeure lasts for more than two months, either party may terminate the contract by giving 14 days' written notice. The contractual relationship shall be terminated on expiry of the period of notice.      

1. Other

1. By concluding the contract, the customer confirms that he/she has read the General Terms and Conditions, the Complaints Policy and the Privacy Policy, agrees with their content and accepts them.                          
2. The rights and obligations under the contract shall pass to the successors in title of the parties.       
3. All legal relations between MoistureGuard and the customer are governed by Czech law, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of laws rules.                       The choice of law shall not have the effect of depriving the consumer of the protection afforded by those provisions which cannot be derogated from by agreement under the law which would have been applicable had the choice of law not been made.
4. All disputes between the Parties arising out of or in connection with this Agreement shall be subject to the jurisdiction of the court of XXX, unless exclusive jurisdiction is established.           
5. Should any provision of these GTC be or become invalid, ineffective or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In such a case, the parties undertake to replace the invalid, ineffective or unenforceable provision with a provision that comes as close as possible to its economic purpose and guarantees adequate economic success.                              
6. The customer is informed of changes to the GTC and these are deemed to have been agreed unless the customer objects in writing to the changed GTC within 14 days; the customer is explicitly informed in the notification of the meaning of the silence and of the specifically changed provisions. This presumption of consent does not apply to material changes to the content of the service and the charges.