> For the complete documentation index, see [llms.txt](https://legal.macromo.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://legal.macromo.com/general-terms-and-conditions.md). # General Terms and Conditions **SUMMARY** Your relationship with Macromo is governed by these Terms. We use certain definitions in these Terms that have the same meaning throughout. You have certain obligations when using the Application, such as keeping your data up-to-date, not using the Application for illegal purposes, and reporting any outage or technical issue affecting its functionality. You are obliged to pay for the Services you order. Macromo provides various services. Our core Services are helping you understand the results of your genetic, blood, microbiome or other tests analysed by Providers and displayed in the Application. The results provided are for informational purposes only and do not constitute medical advice. You can purchase the Goods (and Services) through our Website or the Application. Your results will be visible in the Application. You may withdraw from the Contract where mandatory law grants you that right. Special rules apply to Memberships, immediate access to digital content and digital services, fully provided Services, and sealed Goods. We are liable to you for damaged Goods as required by the applicable law. Additional policies apply to your use of the Services, in particular the [Privacy Policy](/privacy-policy.md). Macromo provides certain warranties for the quality of the Goods. However, Macromo disclaims all warranties, whether express or implied, with respect to the Application, including, but not limited to, its uninterrupted operation or fitness for a specific purpose. Macromo will not be liable for any misuse of the Goods or Services, nor for any acts or events beyond its reasonable control, including, but not limited to, acts of God, governmental actions, or technical failures. Consumers using the Services have additional options for dispute resolution. The Website, Application, and the Services in general are owned by Macromo and you do not receive any intellectual property rights. 1. **INTRODUCTORY PROVISIONS** 1. These Terms are terms and conditions within the meaning of Section 1751 of the Civil Code and apply to all relations between Macromo as the provider and the Customer. By using the Services, you confirm that you have read, understood, and agreed to these Terms and are bound by them. 2. The Terms shall prevail over any conflicting information contained in other materials (e.g., promotional materials, emails, websites, or the Application). 2. **DEFINITIONS** 1. Headings. The headings used in these Terms are for reference purposes only and in no way define, limit, interpret, or describe the scope or effect of such section or in any way affect these Terms. 2. Definitions. Unless the context otherwise requires, the words and expressions used in this Section 2.2 of these Terms shall have the meanings ascribed to them herein and shall apply consistently throughout the document. 1. "**Account**" means the Customer's personalized account with Macromo, which allows the Customer to access, manage, and use Services provided by Macromo; 2. "**Application**" means the mobile application developed or operated by Macromo, through which Macromo offers and makes available its Services; 3. "**Civil Code**" means Act No. 89/2012 Coll., the Czech Civil Code; 4. "**Consultant**" means an independent professional or specialist not employed by Macromo, who provides additional expert consultation services to Customers upon request; 5. "**Consumer**" means a Customer, who is a natural person, acting outside the scope of economic activity (trade, business, craft, liberal profession); 6. "**Contract**" means the contract between Macromo and the Customer; 7. "**Customer**" means the person who registers for, orders, accesses, or uses the Services, and who enters into a contractual relationship with Macromo; 8. "**Goods**" mean goods (in particular the Tests) available for purchase from Macromo; 9. "**Laboratory**" means a laboratory that analyzes the Test or provides collecting and analysis of a Sample depending on the selected type of service; 10. "**Macromo**" means Macromo s.r.o., Českomoravská 2408/1a, Libeň, 190 00 Prague 9, Czech Republic, Company No. 14031493, registered in the Commercial Register of the Municipal Court in Prague, File No. C 359192, or its affiliate providing the Services, as applicable; 11. "**Manufacturer**" means the manufacturer of the Test; 12. “**Membership**” means a fixed-term paid arrangement under which Macromo provides the Customer with access to Membership Services for the relevant Membership Term, as specified in the relevant offer or price list on the Website or in the Application; 13. “**Membership Services**” means the services, features and other benefits made available to the Customer as part of a Membership, including in particular access to digital features of the Application, Testing Services, consultations, discounts and other membership-related benefits specified in the relevant offer; 14. “**Membership Term**” means the fixed period for which the Membership is purchased or renewed, as specified in the relevant offer, price list, Website or Application; 15. "**Parties**" mean Macromo and the Customer; 16. "**Personal Data**" means information about an identified or identifiable natural person (each a "**Data Subject**"); an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; 17. “**Provider**” means a Laboratory, Consultant or other third-party provider cooperating with Macromo in connection with the provision of the Services; 18. "**Sample**" means any biological material provided by the Customer for the purposes of analysis via the Application or related services, including, but not limited to, DNA, blood, saliva, or other bodily substances; 19. "**Sample ID**" means a unique string of numbers and letters that is used to identify your Sample; it is either printed on a Test or generated in the Application when a Customer orders a Sample collection at a Laboratory; 20. "**Subscription**" means the legacy Macromo+ subscription model, which is no longer offered to new Customers and remains relevant only to the extent expressly stated by Macromo; 21. "**Services**" mean all services provided by Macromo to the Customer, for example the sale and delivery of the Goods, delivery of the results of Goods, services related to the display of the results in the Application, or the Membership; 22. "**Terms**" means these General Terms and Conditions; 23. "**Test" or “Tests”** means a self-sampling kit for the collection of a Sample that is available for purchase via the Website, in the Application, or elsewhere; 24. “**Testing Service**” or “**Testing Services**” means any testing, screening, assessment or similar service provided by Macromo as part of the Services, whether performed through a Test, at a Laboratory, by a Provider, or otherwise; and 25. "**Website**" means the website through which the Services are provided (i.e. cz.macromo.com). 3. **APPLICATION USE** 1. **Registration**. To use the Application, it is necessary to create an Account. Only natural persons aged 18 or older are entitled to create an Account. By registering, you, as the Customer, declare that: * the Personal Data you provide when registering as a Customer are true, accurate, current, and complete in all respects; * you will promptly notify Macromo of any changes to the Personal Data by changing the Personal Data in your Account or by sending an email to ****, if Personal Data cannot be changed in the Account; * you will not impersonate another person or entity or use a false name or a name that you are not authorized to use; * you do not register to the Application to harm Macromo (e.g., by using your knowledge of the Application with a competitor or by creating a similar product). 2. **Protection of the Application**. In relation to the Application, the Customer shall: * refrain from recording and transmitting content that is contrary to the applicable legal regulations or good morals and principles of decent behavior; * use the Application in a manner that does not interfere with its operation, in particular, the distribution of malicious code, files, scripts, or programs; * use the Application in a manner that does not cause undue burden to other users or Macromo; * use the Application in accordance with applicable legal regulations. 3\. **Reporting an outage.** In the event that the Customer becomes aware of or suspects any outage or malfunction of the Application, the Customer shall promptly report such fact to Macromo at the email address , and shall provide Macromo with all necessary assistance in repairing the outage or malfunction. 4\. **Usernames and passwords.** The Customer is solely responsible for maintaining the confidentiality of all access details to their Account, in particular usernames and passwords. The Customer undertakes: * not to allow any third party to use their account, usernames, or passwords, except as expressly permitted by these Terms; * to promptly notify Macromo of any actual or reasonably suspected unauthorized use of their account, usernames, or passwords, or any other violation or suspected violation of these Terms of which they become aware, by sending an email to ****. 5\. **Development.** The Services are constantly evolving. The Customer agrees that Macromo may unilaterally modify, remove, or add new features to the Services or the Application, all without refund or compensation to the Customer. 6\. **Required use of Application.** The Customer acknowledges that in order to receive some of the Services, the Customer may be required to download the Application and create an Account. 7\. **Membership-only Services.** The Customer acknowledges that certain Services (in particular access to advanced features of the Application and discounted prices for the Tests) may only be available as part of an active Membership. 4. **PAYMENTS** 1. **Price.** Prices for the Services are exclusive of VAT and any applicable statutory charges unless the Customer is a Consumer, in which case prices for the Services are inclusive of all applicable tax. 2. **Payment.** You are obliged to pay the price for the Services you order. Macromo is not obliged to provide the Services to you if your order is not paid for. You may pay using the methods specified on the Website or in the Application, which may include bank transfer, online payment gate, or others. If Macromo does not receive the payment within five working days from the date of the order, the order will be canceled. 3. **Membership.** Macromo may offer certain Services on a Membership basis. The Customer may purchase a Membership through the Website or the Application, choosing from the Membership options available at the time of the order. The specific scope, duration and price of each Membership shall be described in the Application or on the Website and may be changed by Macromo from time to time. 4. **Renewals.** Unless explicitly stated otherwise at the time of purchase, Membership is concluded for a fixed, specified Membership term as defined in the Application or on the Website. The Membership is a paid service and, unless cancelled by the Customer, will automatically renew for the same Membership term and at the price set out in the offer or price list. The Customer must cancel the automatic renewal within the Application before the end of the current Membership term to prevent renewal. After cancellation of the automatic renewal, the Customer retains access to the Application and their data until the end of the already paid Membership term; thereafter, access to the functions of the Application will be disabled, while access to the Customer’s data may be limited in accordance with these Terms and the Privacy Policy. 5. **Renewal authorization.** The Customer acknowledges and agrees that the Membership fee is paid as a one-off payment for each Membership term. In the case of automatic renewal, the Membership fee will be charged repeatedly for each renewed Membership term, and the Customer expressly consents to such automatic recurring payment until the automatic renewal of the Membership is cancelled by the Customer.**Refunds of Membership fees**. Unless otherwise provided in these Terms or required by applicable law, Membership fees are non-refundable. By way of exception, Macromo may refund Membership fees (in whole or in part) where a charge has been made in error or where Macromo is unable to provide the Services for reasons solely attributable to Macromo. 6. **Past-due payments.** Any fees (or part thereof) not paid by the due date shall bear interest at the highest rate allowed by the applicable law. 7. **Validity of prices.** Prices and offers may vary and may only be available for a limited time. All prices and offers are subject to availability and may be canceled or changed at Macromo's discretion. 5. **THE PROVISION OF THE SERVICES** 1. **Description of Services.** The description and types of Services are provided on the Website or in the Application. 2. **Type of Services.** The Services may include: * uploading and analyzing past lab test results; * providing personalized recommendations within the health profile; * analyzing data from connected wearables; * sale and delivery of the Goods for the purpose of using the Goods by the Customer in accordance with the enclosed instructions; * arranging the delivery of the Goods to the Customer and arranging the delivery of the Goods to a Laboratory; * arranging that the analysis of the Test is carried out by a Laboratory; * arranging the collection of a Sample or other in-person procedure and their evaluation by a Provider; * making the result, outputs or other information generated in connection with the Services provided by the Provider available to the Customer in the Application including, where applicable, after pairing the Test or Sample with the Customer's Account using the Sample ID; * arranging for a subsequent consultation with a Consultant; and * any other services specified on the Website or in the Application. 3\. **Explicit Consent.** The Customer acknowledges that their explicit consent is necessary for the provision of certain Services and, without it, delivering or continuing to deliver those Services is not possible. For more information, refer to our Privacy Policy. 4\. **Activation of Memberships.** Membership Services will be activated and made available without undue delay after payment and order acceptance. Certain Membership components may require separate activation, booking, shipment, pairing or redemption steps, depending on the nature of the relevant Service. 5\. **Use of Membership Services.** The Customer is responsible for using the Membership Services within the Membership Term and in accordance with the conditions specified in the Application, on the Website or in the relevant offer. Membership Services are personal to the Customer, non-transferable and may not be assigned to or used by any third party unless expressly stated otherwise by Macromo. Unless expressly stated otherwise, unused Membership Services expire at the end of the Membership Term without entitlement to any refund or compensation, except where mandatory law provides otherwise. 6\. **Provision of Samples and in-person procedures.** Depending on the selected Service, the Customer may choose one of these methods: 1. **Using a Test**. The Customer collects the Sample at home using the purchased Test and sends it for analysis to a selected Laboratory. The Sample may be identified and tracked using a unique Sample ID assigned to the Test or the relevant Laboratory order. The results are subsequently made available to the Customer via the Application. 2. **Sample collection at a Laboratory.** The Customer books an appointment for professional Sample collection at a Laboratory. The Sample may be identified and tracked using a unique Sample ID assigned to the Test or the relevant Laboratory order. The results are subsequently made available to the Customer via the Application. 3. **Other in-person procedures.** The Customer books an appointment for other in-person procedure at a Provider. Certain Services may be linked to the Customer’s Account using a unique identifier assigned to the relevant Service or appointment. The results, outputs or other information generated in connection with the relevant Service are subsequently made available to the Customer via the Application, where applicable. 4. **Destruction of the Sample.** Where applicable, the Laboratory will irretrievably destroy the Customer’s Sample after extraction and analysis. 5. **Test instructions.** The Customer declares that they understand that upon receipt of the Test, it is necessary for them to properly read and follow the instructions provided. Subject to Section 5.13 below, Macromo is not obliged to provide the Services if the Customer has not followed the instructions provided by Macromo. 6. **Validity.** The Customer acknowledges that the Laboratory may not be able to process the Sample if it was not sent by the Customer to the Laboratory within an appropriate timeframe. The Customer, therefore, acknowledges that upon receipt of the Test, they are obliged to send the Test to the Laboratory (or Macromo, if applicable) as soon as possible, but no later than within 2 (two) months. Should the Customer fail to return the Test to the Laboratory within 2 (two) months of receipt of the Test, the Customer shall not be entitled to a refund and Macromo's obligation to provide the Services to the Customer in accordance with these Terms shall cease. 7. **Replacements.** The Customer acknowledges that if the Test has been duly delivered to the Customer but is subsequently lost or destroyed by them, Macromo will send the Customer a new Test free of charge once, upon request. If the Test is defective, Macromo will provide a new Test to the Customer upon request. The Customer acknowledges that if Macromo has already sent a new replacement Test free of charge in accordance with Section 5.12, the Customer shall not be entitled to receive another replacement Test in accordance with this Section. The Customer acknowledges that should the Test be lost or destroyed again, they shall not be entitled to a refund, and Macromo's obligation to provide the Services to the Customer in accordance with these Terms shall cease. If the Customer is still interested in the Services, they may repurchase the Test at the current price. 8. **Missed appointment.** If a Customer misses an appointment at a Provider for Sample collection or other in-person procedure, Macromo will allow rebooking through the Application without additional cost. 9. **Errors.** The Customer acknowledges that the Laboratory may not be able to process the Sample and the laboratory process may lead to errors. Macromo will offer the Customer a new appointment at the Laboratory or send a new replacement Test free of charge if the Laboratory was unable to process the Sample for reasons on the Laboratory's side. If the Laboratory is unable to process the Sample due to the Customer’s fault, i.e., insufficient amount of a Sample, failure to follow the instructions for the Test, or failure to attend the rescheduled appointment, then the Customer will not be entitled to a replacement Test or replacement appointment under this Section, nor to a refund, and Macromo's obligation to provide the Services to the Customer in accordance with these Terms shall cease. If the Customer is still interested in the Services, they may repurchase the Service at the current price. 10. **Right to refuse provision of Services.** The Provider has the right to refuse Sample collection or other in-person procedure in cases of non-compliance with applicable instructions, safety requirements or other relevant protocols. The Customer will be notified of the reasons for this refusal. If the issue can be remedied (e.g., by rebooking the appointment or correcting the preparation), the Customer will be offered the option to repeat the Sample collection or other in-person procedure at no additional cost. If the Sample collection or other in-person procedure cannot be completed due to reasons attributable to the Customer and the issue cannot be remedied, the Customer may not be entitled to a refund. 11. **Medical use.** By using the Services, the Customer agrees not to use any information obtained by using the Services for diagnostic, preventive, therapeutic, or medical rehabilitation, nursing, or health care decisions and procedures before seeking professional advice from a physician or other qualified health care professional. The Services are not intended for medical diagnosis, care, or as a basis for decisions regarding the health condition. The Services are intended for research and educational purposes only and in no way constitute the provision of healthcare services or medical advice. Do not change your habits or take action based solely on the Services, always contact your physician or other qualified healthcare professional. For the avoidance of doubt, Macromo states that the Services are not for the purpose of determining paternity. 12. **Updates.** Since knowledge and science are constantly developing, the results of the analysis of a Sample might change in the future. The Customer acknowledges that Macromo may unilaterally update their results based on new findings. Once updated, only the current results will be available in the Application. The Customer will be notified of the update via e-mail. 13. **Pairing a Test.** The Customer is obliged to pair the Test with their Account before sending the Test to the Laboratory using the Sample ID. Without successful pairing, Macromo is unable to provide the Services. The Customer acknowledges that if the Customer fails to pair the Test and the Account, the Customer shall not be entitled to a refund and Macromo's obligation to provide the Services to the Customer in accordance with these Terms shall cease. 14. **Consultation.** The Customer may be offered the option to schedule a follow-up consultation with a Consultant. The scheduling and ordering of this Service is done through the Application. Macromo acts solely as an intermediary in facilitating the booking and does not assume responsibility for the content, accuracy, or outcomes of any advice given by the Consultant. The Customer acknowledges that the consultation does not replace a personal visit to a healthcare provider and is not intended for the diagnosis or treatment of specific medical conditions, unless explicitly stated otherwise. 15. **Services not for minors.** The Services are intended for persons who have reached the age of majority. Use of the Services by minors is permitted only through their parents or legal guardians, subject to the representation described in Section 10.3. 16. **Specification of the Goods.** A description of the main features of the Goods can be found on the Website or the Application. Although the photographic reproduction is a faithful representation, there may be slight variations from the actual Goods, which do not affect their function. 17. **Packaging.** The Goods are packaged to ensure their protection and preservation. Macromo does not infringe the original packaging of the Goods supplied by the Manufacturers and it is not Macromo's intention to represent the Goods as its own product which Macromo would market under its own name. 6. **PURCHASING THE SERVICES** 1. **Order.** The Customer may order the Services by following the ordering process on the Website or in the Application. Purchase is complete when the Customer presses "Buy", "Purchase", or similar. 2. **Processing the order.** All orders are subject to acceptance by Macromo, which will confirm such acceptance to the Customer by sending the Customer an email confirming the order (“**Order Acceptance**”) or by concluding the order form. The contract shall be formed at the moment the Customer will be sent the Order Acceptance. The contract applies only to the Goods and Services specified in the Order Acceptance. Macromo shall not be obliged to supply any additional goods and/or services that may have been included in the Customer's order until the Customer has received the Order Acceptance for those goods/services. The Customer shall also be informed of the non-acceptance of the order. Failure to accept the Customer's order may be due to one of the following reasons: * the Goods ordered by the Customer are not available in stock; * the Services ordered by the Customer are not currently available due to reasons on the part of the Provider or the Goods that are necessary for the provision of the Services are not available; * the Goods ordered have not been delivered by the Macromo subcontractor or the Goods delivered have been damaged; * Macromo has not received payment from the Customer for the Services; or * discovery of an error in the price or description of the Services. 3\. **Archive of the orders.** Contracts concluded between Macromo and its Customers are stored in an electronic archive. The contract shall be archived for a period of five (5) years from the date of its conclusion in accordance with applicable laws. 7. **WITHDRAWAL FROM THE CONTRACT** 1. **Consumers.** The Customers who order the Services as Consumers have the right to withdraw from the Contract regarding the unused Services and undamaged Goods within fourteen (14) calendar days in accordance with the applicable law, unless an exception from the right of withdrawal applies. 2. **Damaged Goods.** Because the Goods sold by Macromo are supplied in sealed packaging for health and hygiene reasons, it is not possible to withdraw from the Contract in accordance with Section 7.1 if the Customer has removed the Goods from the packaging or otherwise damaged the packaging. In such a case, the Customer shall not be entitled to any refund of the price paid for the Goods. 3. **Withdrawal from Memberships**. 1. The Consumer may request that Macromo begins providing the Membership Services immediately after completion of the order, i.e. before expiry of the 14-day statutory withdrawal period. Macromo may request the Consumer’s express consent to such immediate performance. 2. If the Consumer withdraws from the Membership within the statutory withdrawal period and has not used any Testing Service or other Membership Service, Macromo will refund the full Membership fee. 3. If the Consumer withdraws from the Membership within the statutory withdrawal period after a Testing Service included in the Membership has already been used, booked, attended, activated, paired, returned for analysis or otherwise consumed, Macromo may retain 50% of the Membership fee reflecting the value of the Membership Services already provided and refund the remaining 50% of the Membership fee, unless mandatory law requires otherwise. 4. Withdrawal from a Membership does not affect the Customer’s right to access results or outputs already generated on the basis of Membership Services provided before the withdrawal became effective. 4. **Cancellation of Membership**. After the expiry of the statutory withdrawal period, the Customer may stop using the Membership or cancel automatic renewal at any time, but such action does not terminate the already paid Membership Term and does not entitle the Customer to any refund, credit or other compensation for the unused part of the Membership Term. 5. **Timing.** If the order consists of multiple items or parts which are delivered on different days, then the withdrawal period (in relation to the order as a whole) shall end fourteen (14) days after the date on which the last of the items or parts is delivered. 6. **Procedure.** The Customer may withdraw from the Contract by sending the withdrawal to the email address ****. 7. **Form of Withdrawal**. Withdrawal from the Contract must include a clear statement that the Customer wishes to withdraw from the Contract which shall contain the Customer's name, address, order details, and contact details such as telephone number or email address. 8. **State of returned Goods.** Returned Goods must be undamaged, clean, in its original packaging, with original labels, and in the condition and value in which the Customer received the Goods. The Goods must be returned complete, i.e., with the supplied accessories, complete documentation, and gifts, if any. 9. **Return.** The Customer shall return the Goods to Macromo no later than thirty (30) days from the date on which Macromo is informed of the withdrawal from the Contract to the following address: Macromo s.r.o., Českomoravská 2408/1a, Libeň, 190 00 Prague 9, Czech Republic. Any return of Goods is at the Customer's own risk. For this reason, we recommend sending the Goods by registered mail. All return shipping costs are the responsibility of the Customer, except in cases where Macromo has sent the Goods in error. 10. **Refund.** Macromo shall refund to the Customer the full amount that has been paid for the Goods returned by the Customer under this Section. Macromo may deduct from the refund an amount equal to the decrease in value of the Goods as a result of the Customer tampering with it beyond what is necessary to establish the nature, characteristics, and functionality of the Goods. If the Customer returns the Goods in damaged packaging, it is not possible to exercise the right to withdraw from the Contract in accordance with Section 7.2, and therefore the Customer will not be refunded the price of the Goods, not even partially. 11. **Confirmation.** Upon return of the Goods, the Customer will receive a confirmation email detailing the amount that has been refunded and the Goods that Macromo has received. Macromo will refund the money using the same payment method that the Customer originally used to make the payment. Macromo shall refund the money within thirty (30) days from the date of receipt of the Customer's withdrawal notice, but not earlier than after Macromo has received the returned Goods. 8. **LIABILITY FOR DEFECTS AND DAMAGED GOODS** 1. **Defective Goods**. In the unlikely event that the Customer receives defective Goods, the Customer shall be entitled to one of the remedies described in this Section. However, the rights arising from defective Goods shall not arise if the Customer knew that the Goods was defective before accepting the Goods or if the Customer caused the defect. 2. **Applicable law**. The rights and obligations of the Parties regarding rights arising from defective performance shall be governed by the generally binding regulations, in particular, the provisions of the Civil Code, as amended, and the provisions of Act No. 634/1992 Coll., the Consumer Protection Act, as amended. 3. **Exercise of the right arising from defective performance**. The Customer may exercise the rights of defective performance with Macromo by sending an email to . The Customer is obliged to state in the complaint the following: * a detailed description of the claimed defect; * order number (or other order identification); * their contact details; * attach evidence of damage to the Goods (e.g., photographs). 4\. **Return of damaged Goods.** The Customer shall return the damaged Goods to Macromo to the following address: Českomoravská 2408/1a, Libeň, 190 00 Prague 9, Czech Republic. We recommend sending the Goods by registered mail. 5\. **Resolution**. Macromo will examine the returned Goods and notify the Customer by email within thirty (30) days from the date of receipt of returned Goods about the result, refund or replacement, if applicable. In cases where the Parties agree that the Customer does not have to return the Goods, Macromo will examine the information contained in the complaint and notify the Customer by email within thirty (30) days from the date of receipt of the complaint about the result, refund, or replacement, if applicable. 6\. **Refund**. Macromo will process any refund due to the Customer as soon as possible and, in any event, within thirty (30) days of the date on which an email is sent to the Customer informing them that they are entitled to a refund for the defective Goods. Refunds will be made by the same payment method originally used by the Customer to make the payment (unless otherwise expressly agreed by the Parties). 7\. **Shipping costs**. Macromo will pay reasonable postage associated with the return of damaged Goods up to the amount of standard postage and will not refund any premium delivery component. 8\. **Defective Services**. The provisions of this Section 8 shall apply analogously for defective Services other than Goods. 9. **SECURITY AND PRIVACY** 1. **Cancellation of Account.** If for any reason the Customer no longer wishes to use the Application, Macromo will, at the Customer's request and before cancelling the Account, export the Customer's results from the Application in an acceptable format so that the Customer's data will be available to them after the termination of their relationship with Macromo. Upon cancellation of the Account, Macromo will irretrievably destroy all of the Customer's Personal Data, including the results of the Test analysis. The Customer acknowledges that after the cancellation of the Account, it will no longer be possible to export the results from the Application and that Macromo will not be able to recover the data in any way. The Customer also acknowledges that upon the termination of their User Account, Macromo's obligation to provide the Services in accordance with these Terms shall cease. If the Customer requests cancellation of the Account during an active Membership Term, such request does not entitle the Customer to any refund, credit or other compensation for the unused part of the Membership Term, except where mandatory law provides otherwise. Cancellation of the Account does not affect any amounts already due or any rights and obligations relating to Goods, Tests or other Services already provided. 10. **WARRANTY** 1. **Warranty.** Macromo is responsible to the Customer for the fact that the Services: * have the features described by Macromo on the Website or the Application; * can be used for the purposes specified by Macromo; * meet the requirements set out in the applicable laws; and * are of the agreed quantity and quality. 2\. **Warranties of the Parties.** Each Party represents and warrants to the other Party that it has the necessary legal personality and authority to enter into, deliver, and perform its obligations under the Terms. 3\. **Warranty of the Customer.** The Customer represents and warrants to Macromo that any Test delivered to them and subsequently used by the Customer contains: (i) the Customer's own sample; or (ii) the sample of a person for whom the Customer is the legal guardian; or (iii) the sample of a person for whom the Customer is in a similar legal position, which authorizes the **Customer to act on behalf of that person.** The Customer also provides assurances that their actions do not interfere with or violate the rights of third parties in any way. 4\. **Availability of the Application.** Macromo hereby represents and warrants that it will use reasonable efforts to make the Application available twenty-four hours a day, seven days a week. However, the Customer acknowledges that access to the Application may occasionally be limited or unavailable due to scheduled maintenance, updates, improvements, or unforeseen technical issues. 5\. **Application Warranty.** To the fullest extent permitted by applicable law, Macromo disclaims all other promises, representations, and warranties, whether express, implied or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, data accuracy, non-infringement, system integration or quiet enjoyment, and the Macromo application is provided “as is” and “as available”. 11. **LIABILITY FOR DAMAGE** 1. **Liability limitation**. Macromo is not liable: * for the Customer's failure to comply with the instructions enclosed with the Goods; * for any damage or any other consequences incurred by the Customer based on or related to the actions of individual Customers, the manner in which they use the Services, or other circumstances arising on the Customer's side; * for errors resulting from third-party interference with the Services or from their use contrary to their intended use; and * for services provided by entities other than Macromo, in particular Payment Service Providers and Providers, or for any consequences of their acts or rights and obligations related to these services. 2\. **Liability limitation with regards to the Application**. To the broadest extent possible under applicable laws, Macromo shall not be liable for any damages that the Customer may incur in connection with the use of the Application or in connection with the non-functionality, unavailability, or error of the Application. Macromo shall not be liable for any indirect, consequential, or incidental damage or any loss (including loss of opportunity, loss of profit, or loss of data), costs, expenses, or payments associated with the use or inability to use the Application. 3\. **Misuse of the Account**. Macromo shall not be liable for any damage that the Customer may incur in connection with the misuse of the Account or unauthorized access to the Account. 12. **CONSUMER PROTECTION** 1. **ADR**. The Customer may resolve their disputes in accordance with EU Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Regulation (EC) 2006/2004 and Directive 2009/22/EC, regarding consumer protection laws. You can find your country's applicable dispute resolution body [here](https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=cs). 2. **Complaint with the CTIA**. The Customer also has the right to file a complaint with the Czech Trade Inspection Authority (the "CTIA"). The CTIA is the authority responsible for alternative dispute resolution of consumer disputes in the Czech Republic. For more information, you can visit their website at . 3. **Redress**. The Customer has the right to contact Macromo for redress if they are dissatisfied with the manner in which Macromo has handled their complaint, or if the Customer believes that Macromo has violated their rights, by sending an email to . 13. **INTELLECTUAL PROPERTY RIGHTS** 1. **Copyright**. Unless otherwise stated, the Website, the Application, and their individual elements, including the user interface, appearance of icons, graphics, photographs, videos, and texts, are copyright-protected works under Act No. 121/2000 Coll., the Copyright Act, as amended (the "Copyright Act"). According to the Copyright Act, Macromo owns and exercises proprietary rights to the Website, the Application, and all associated content. 2. **Prohibited uses**. The Customer is not entitled to reproduce, modify, decompile, translate, process, merge with another work, incorporate into a database, publicly distribute, publicly display or otherwise deal with the intellectual property pursuant to the Section 13.1 above. 3. **Restriction on use of intellectual property**. Under these Terms, Macromo does not grant consent to the use of: * trade names and other names of legal entities; * trademarks; or * other signs used by Macromo * except as required by their reasonable and customary use in identifying the originator of the Services. 4\. **Information uploaded by third parties**. Macromo does not monitor what information other Customers and Providers upload to the Website or the Application, if any. In the event that the Customer believes that any content infringes their intellectual property rights, the Customer shall notify Macromo at together with information proving their claim, namely: * identification and contact details of the Customer; * description of the work, the intellectual property rights that the Customer claims to have infringed; * description of where infringing content is located; and * identification of the person who infringes intellectual property rights (to the extent known to the Customer). 5\. **Removal of infringing content**. If Macromo determines that intellectual property rights are being infringed, Macromo will remove the infringing content from the Website or prevent access thereto at its discretion. 14. **Use of artificial intelligence** 1. **Operation of artificial intelligence system.** Macromo uses and operates an advanced system based on artificial intelligence (chatbot) called AI Health Coach. AI Health Coach generates automated answers to queries submitted by the Customer based on probability, statistics and previously acquired information. 2. **Permitted use.** Use of AI Health Coach is permitted exclusively for private and non-commercial purposes. The AI Health Coach is provided free of charge, and its use is subject to the rules defined in this Section. AI Health Coach may only be used for general questions regarding Macromo and its services, as well as general information connected to those services. AI Health Coach is not a person, does not possess human intelligence, and is unable to answer complex, elaborate or overly specific queries. 3. **Content of the answers.** Any answers, including information, recommendations, statements, and conclusions, generated by the AI Health Coach are based primarily on predefined algorithms, databases, and probability calculations. As such, the answers generated may be inaccurate, inappropriate, or even completely incorrect and as such cannot replace answers provided by qualified medical personnel. Please check all answers you receive and do not rely on them. 4. **No medical advice.** AI Health Coach as part of Services does not replace qualified medical personnel and does not provide any medical advice or other medical services reserved for authorized medical professionals (see Section 5.14 of these Terms). If you are concerned about your health or in cases of an emergency, you should contact healthcare professional. 5. **No legal effect.** Answers generated by the AI Health Coach may not be construed as promises, confirmations, or other legally binding statements made by Macromo. Answers generated by the AI Health Coach do not represent or reflect the attitudes and opinions of Macromo and, due to the nature of the system, are unable to take into account ethical aspects, human emotions etc. 6. **License and intellectual property.** You hereby grant Macromo a free, unrestricted in terms of subject matter, time, and space, and transferable right (license) to use all content that you enter into AI Health Coach for the purpose of developing this system and for Macromo’s internal purposes. By using AI Health Coach, you do not acquire any user rights to the answers provided to you by the AI Health Coach. 7. **Input data.** AI Health Coach may use your input data for its further learning and improvement. To prevent any loss or damage to valuable data, you shall not provide the AI Health Coach with: * information about yourself and/or other natural or legal persons, as well as about yourself or third persons as clients of Macromo; * personal financial data, account numbers or access data to accounts, payment cards, storage, wallets, etc.; * personal data such as name, address, email address, health data, birth number, and other data relating to natural persons within the meaning of GDPR and other relevant privacy laws; * trade secrets (including know-how, business strategies, calculation principles, etc.) and other confidential information; * information that may harm you or other natural or legal persons or may lead to legal disputes; or * data or works to which other persons have rights, in particular intellectual property rights such as copyright. 8\. **Limitation of liability.** Although Macromo strives to improve the accuracy of information provided, it accepts no responsibility for the correctness and accuracy of the answers generated by the AI Health Coach. Macromo’s liability for any damage that may arise as a result of using the AI Health Coach is limited only to cases where the damage is caused intentionally or through gross negligence. 9\. **No guarantee.** Macromo does not guarantee that the AI Health Coach will function without error or interruption. Macromo reserves the right to change, update, or terminate the operation of the AI Health Coach as a whole or in part at any time without notice. 15. **FINAL PROVISIONS** 1. **Applicable law.** This Contract and any disputes or claims arising out of or in connection with it, including its subject matter or formation (including non-contractual disputes or claims), shall be governed by the laws of the Czech Republic. 2. **Disputes.** If a dispute cannot be resolved through alternative dispute resolution as stated above, all disputes arising out of or in connection with the Contract, including disputes concerning the existence, validity or termination of the Contract or the consequences of its invalidity, shall be decided exclusively by the competent courts in the Czech Republic. 3. **Severability.** The provisions of this Contract are severable and if any part is found to be invalid, illegal or unenforceable, the validity or enforceability of the remaining parts shall not be affected. 4. **Force majeure.** Neither Party shall be in breach of the Contract or liable for damage if the failure to perform is caused by an event or circumstance (or combination of events or circumstances) that such Party could not have reasonably foreseen and that is beyond its reasonable control ("Force Majeure Event"). The following events shall always be considered Force Majeure Events with respect to Macromo: (i) power outages; (ii) natural disasters; (iii) failures or delays of telecommunications networks, the internet, hosting, hardware, or software; (iv) damage to Macromo's systems and infrastructure, including, but not limited to, viruses and cyberattacks. 5. **Terms Amendments.** Macromo has the right to revise and amend these Terms from time to time. The latest version will always be available on the Website and in the Application. The Customer shall comply with the Terms effective at the time the Customer places an order for the Services from Macromo, unless a change to these Terms is required by law or a public authority (in which case it shall apply to the Customer's previously placed orders) or unless the Customer is notified by Macromo of a change to these Terms before Macromo accepts the Customer's order (in which case Macromo shall be entitled to assume that the Customer has accepted the change in terms and conditions unless the Customer notifies Macromo to the contrary within 7 (seven) business days of receiving the Test). If the Customer does not agree to such a change to the Terms, the Customer must stop using the Services. If the Customer continues to use the Services, the Customer will be deemed to have accepted the amended Terms. 6. **Contact details.** If you have any questions, you can contact Macromo at ****, or at its registered office at **Českomoravská 2408/1a, Libeň, 190 00 Prague 9**. --- # Agent Instructions This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com. ## Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. Perform an HTTP GET request on the current page URL with the `ask` query parameter: ``` GET https://legal.macromo.com/general-terms-and-conditions.md?ask= ``` The question should be specific, self-contained, and written in natural language. 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