Terms of Service

Provider: Smart Assets s.r.o., Company ID 21461104 Effective from: 24 October 2026 Version: 24 October 2026

I. Introductory Provisions

1.1 These Terms of Service (hereinafter the "Terms") govern the rights and obligations of the contracting parties arising in connection with or on the basis of a contract concluded between Smart Assets s.r.o., Company ID 21461104, with its registered office at Veletržní 819/75, Holešovice, 170 00 Praha 7, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 402238 (hereinafter the "Provider"), and a natural or legal person (hereinafter the "Customer") in the provision of the Nemify (Property Due Diligence) service available at https://nemify.cz (hereinafter the "Service").

1.2 These Terms form an integral part of the contract concluded between the Provider and the Customer. Any differing agreements in the contract prevail over the provisions of the Terms.

1.3 The contract and the Terms are governed by the laws of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), Act No. 480/2004 Coll., on Certain Services of the Information Society, as amended, and in the case of contracts concluded with consumers, also by Act No. 634/1992 Coll., on Consumer Protection, as amended.

1.4 The provisions of the Terms apply mutatis mutandis to the free version of the Service. The submission of a query on a property address via the Service's search form is deemed to constitute the conclusion of a contract for the provision of the free Service. Below the search form, the Customer is notified that by submitting the query they agree to these Terms, and links to these Terms and to the Privacy Policy are provided there.

1.5 The Provider may change or supplement the wording of the Terms. The Provider publishes amended Terms on the Service's website and they take effect no earlier than 15 days after their publication. The rights and obligations of the contracting parties arising from contracts concluded before the amended Terms take effect are not affected by the change.

II. Contracting Parties

2.1 The Provider is Smart Assets s.r.o. Contact details of the Provider are listed on the Contact Information page accessible from the Service's website.

2.2 The Customer may be: a) A Consumer - a natural person who concludes a contract with the Provider outside the scope of their business activity or outside the scope of the independent exercise of their profession, or b) An Entrepreneur - a natural or legal person who concludes a contract with the Provider within the scope of their business activity or within the scope of the independent exercise of their profession.

2.3 The provisions of these Terms marked as applicable to consumers apply only to contractual relationships with consumers. Provisions protecting consumers under the Civil Code and the Consumer Protection Act shall prevail over the provisions of the Terms.

III. Subject of the Service

3.1 The subject of the Service is the provision of information about Czech properties drawn from the data services of the Czech Office for Surveying, Mapping and Cadastre (ČÚZK) (the public ČÚZK REST API for the parcel, the building and pending proceedings; the commercial ČÚZK WSDP service for title deeds, owners and encumbrances), from the RÚIAN register (ČÚZK) for addresses, from the Institute of Planning and Development of the City of Prague (IPR Praha) and from OpenAQ (hereinafter the "Data Sources"). Addresses are autocompleted during entry via the Mapy.com API; Mapy.com is not a source of property data. The complete data ecosystem (cadastre plus IPR Praha data) is available only for properties located within the capital city of Prague. For properties outside Prague, the Provider provides basic cadastral data and AI risk analysis.

3.2 The Service is provided in two tiers:

a) Free version (hereinafter the "Free Report") - contains basic information about a property; for Prague properties it includes in particular:

• zoning,
• flood zone Q100,
• building moratorium,
• active cadastral proceedings (plomby),
• heritage protection,
• radon risk,
• metro accessibility in the area,
• paid parking in the area,
• local amenities in the area,
• the building and its year of construction,
• parks in the area,
• playgrounds in the area,
• summer recreation and swimming spots in the area,
• cultural facilities in the area,
• municipal police in the area,
• air quality,
• noise level during the day,
• noise level at night.

b) Paid Extended Report (hereinafter the "Paid Report") - contains all information from the Free Report and additionally:

• owner details of the property,

• encumbrances and liens,

• detailed cadastre extract (sections A-E),

• contextual risk analysis including crime patterns (AI-generated context, not official Police ČR statistics),

• overview of zoning plan amendments under consideration,

• short-term rental (Airbnb) activity in the area,

• accommodation facilities in the area,

• prison proximity,

• nearest post office,

• bike routes in the area,

• AI risk analysis,

• next steps recommendations,

• report in PDF format for download,

• available in Czech or English.

  3.3 The exact scope of information contained in individual report versions may vary depending on data availability from the Data Sources, the type of property searched, and the property's location. The current scope is always displayed in the Service's user interface prior to the conclusion of a Paid Report contract.

  3.4 Information contained in the report relates to the moment of report generation. The Provider does not warrant changes to data in the respective registries that may occur after report generation.

  3.5 The service is available for properties throughout the Czech Republic. Some supplementary free-tier indicators (zoning, noise, flood zones, parks) are currently available only for addresses in Prague and will be gradually expanded to other regions.

  3.6 The Provider reserves the right: a) to reasonably modify the content and scope of the Service, in particular to adapt the Service to changes in the Data Sources or legal regulations, b) to temporarily restrict or interrupt the operation of the Service for reasons of technical maintenance, updates or security measures.

IV. Conclusion of the Contract

4.1 Free Report: The contract for the provision of the Free Report is concluded by submitting a query on the property address via the Service's search form, below which the Customer is notified of these Terms and of the Privacy Policy (see Section 1.4). The Free Report is generated automatically and made available to the Customer immediately after submitting the query on the search results page.

4.2 Paid Report: The contract for the provision of the Paid Report is concluded by: a) selecting a Paid Report variant (language - Czech or English) on the Free Report results page, b) entering the data required for processing and delivery of the Paid Report (in particular the e-mail address), c) confirming agreement with these Terms and with the Privacy Policy, d) confirming consent to immediate commencement of performance (see Article VII Section 7.3), e) making payment through the payment system.

The contract is concluded at the moment the Provider receives payment.

For each order, the Provider records the time at which the consents under points c) and d) were given, together with the version of the Terms and the wording of the consents accepted by the Customer with the order.

4.3 Before submitting the order, the Customer is enabled to check and change data they have entered into the order. Data entered in the order is considered by the Provider to be correct.

4.4 Immediately upon receipt of the order, the Provider will confirm receipt to the Customer by e-mail to the e-mail address specified in the order.

4.5 The Customer acknowledges that the Provider is not obliged to conclude a contract, in particular with persons who have previously materially breached their obligations towards the Provider.

4.6 The Customer agrees to the use of distance communication means when concluding the contract. Costs incurred by the Customer when using distance communication means (internet connection costs, telephone calls) are borne by the Customer themselves. These costs do not differ from the basic rate.

V. Price and Payment Terms

5.1 The Free Report is provided free of charge.

5.2 The price of the Paid Report is stated on the Service's website at the moment of contract conclusion. Prices are stated in Czech Crowns (CZK). The Provider is not a VAT payer; the stated prices are final.

5.3 As part of the introductory offer ("Early Access"), the price of the Paid Report is CZK 990. The Provider reserves the right to unilaterally adjust the price of the Paid Report at any time. For contracts concluded before the price change is announced, the price valid at the moment of contract conclusion applies.

5.4 The price is payable upon conclusion of the contract. The Customer pays the price cashlessly by payment card through the Stripe payment system operated by Stripe Payments Europe, Limited, with its registered office at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. A card payment may also be made via Apple Pay or Google Pay if offered during checkout. The Provider does not accept any other payment methods.

5.5 Payment processing takes place exclusively in the Stripe payment system environment. The Provider does not process or store the Customer's payment card details. Payment processing terms are governed by Stripe's terms of service.

5.6 The Customer acknowledges that the payment is non-refundable, subject to the Customer's rights arising from these Terms and applicable legal regulations (in particular rights arising from defective performance and the right of withdrawal from the contract in cases where the Customer has not lost it under Article VII).

5.7 The Provider will issue the Customer with an electronic proof of payment for the Service and send it to the e-mail address specified in the order immediately after receipt of payment. The proof of payment is the e-mail confirming receipt of payment, which contains in particular the property address, the amount paid and the currency, the date and time of payment, the report identifier, the order reference and the Provider's identification details. The Provider is not a VAT payer; the document does not contain a value added tax calculation.

VI. Delivery of the Service

6.1 The Free Report is made available to the Customer immediately after submitting the query on the search results page. The Free Report remains available via a unique URL for 30 days from its most recent generation.

6.2 The Paid Report is usually ready within a few minutes of payment confirmation; in case of technical difficulties (in particular Data Source unavailability), the Provider undertakes to deliver it within 24 hours of payment confirmation at the latest. If the Paid Report cannot be generated, the Provider informs the Customer by e-mail and refunds the price paid without undue delay.

6.3 The Paid Report is delivered to the Customer: a) by sending a link for its download to the e-mail address specified in the order, and simultaneously b) by making it available via the Customer's user account on the Service's website (if created).

6.4 The Paid Report is available to a Customer with a user account via their user account for the entire duration of their account. A Customer who does not create a user account has access to the Paid Report for 30 days from the order in the browser in which the order was placed, or after signing in via the link sent to the e-mail address specified in the order. The Provider recommends the Customer also download and save the Paid Report locally.

6.5 In the event that the Customer does not receive the Paid Report within 72 hours of payment confirmation, they are obliged to notify the Provider of this fact without undue delay at the e-mail address info@nemify.cz. The Provider will verify service provision and immediately take corrective action.

6.6 If, for reasons on the Provider's side (e.g., long-term unavailability of Data Sources), it is not possible to deliver the Paid Report even within 7 days of contract conclusion, the Customer has the right to withdraw from the contract and the Provider is obliged to return the price paid without undue delay.

VII. Withdrawal from the Contract

7.1 The Free Report is provided immediately and in full immediately upon conclusion of the contract. The right to withdraw from the contract for the Free Report does not apply, as performance has been provided in full.

7.2 In the case of the Paid Report, the Consumer-Customer has the right under Section 1829(1) of the Civil Code to withdraw from the contract without stating a reason within a period of 14 days from the day of conclusion of the contract (hereinafter the "Withdrawal Period").

7.3 Loss of the right of withdrawal - Section 1837(l) of the Civil Code: Before concluding the Paid Report contract, the Consumer-Customer expressly consents to the immediate commencement of Service provision (i.e., to immediate report processing and its sending) and acknowledges that by giving this consent they lose the right to withdraw from the contract under Section 1837(l) of the Civil Code (Act No. 89/2012 Coll.) (provision of digital content not delivered on a tangible medium, with the explicit prior consent of the consumer that they thereby lose the right of withdrawal from the contract).

7.4 The consent under Section 7.3 is expressed by the Consumer-Customer by ticking the explicit consent in the order form with the following wording:

"I agree to the immediate commencement of performance of the service upon receipt of payment. I acknowledge that by doing so I lose the right to withdraw from the contract under Section 1837(l) of the Civil Code."

Without this consent, the order cannot be completed.

7.5 The right of withdrawal under Section 7.2 is preserved in the following cases: a) The Consumer-Customer is not a natural person-consumer but an entrepreneur; b) The Consumer-Customer cancels the order before the report is processed and the Provider has not yet started processing.

7.6 Withdrawal procedure in cases where the right of withdrawal has not expired: a) The Consumer-Customer may withdraw from the contract by a unilateral declaration sent to the Provider at the e-mail address info@nemify.cz or using the model withdrawal form, which is part of the Notice on the Right to Withdraw from the Contract. b) If the Consumer-Customer withdraws from the contract, the Provider will refund all funds received from them without undue delay, at the latest within 14 days of receipt of the withdrawal notice, in the same manner in which they were received, unless the Customer expressly specifies otherwise.

7.7 Detailed information on the right of withdrawal is provided in the separate document Notice on the Right to Withdraw from the Contract.

VIII. Rights Arising from Defective Performance

8.1 The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by generally binding legal regulations, in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

8.2 The Paid Report has defects in particular when: a) it does not contain the information it should contain under Article III of the Terms and under the Service's user interface at the moment of contract conclusion, or b) it contains manifestly incorrect information that cannot be explained by the state of the Data Sources at the moment of report generation.

8.3 The following do not constitute defects: a) information in the report corresponds to the state of the Data Sources at the moment of report generation, even if the data in the registries subsequently changed; b) the scope of information is limited due to temporary unavailability of a Data Source, of which the Customer was informed in the report; c) the scope of information for the given property is limited due to its location or type (e.g., properties outside Prague).

8.4 Complaints are governed by a separate document Complaints Procedure.

8.5 Period for exercising rights arising from defective performance: a) Consumer-Customer: 24 months from delivery of the Paid Report (Section 2165(1) of the Civil Code). b) Entrepreneur-Customer: 6 months from delivery of the Paid Report.

8.6 Customer's rights in case of a defect: If the Paid Report has a defect, the Customer may request: a) removal of the defect by delivering a corrected report, or b) a reasonable discount on the price, or c) withdrawal from the contract with a refund of the price.

The Provider has the right to provide any of these remedies at its discretion, unless it would be unreasonably burdensome for the Customer.

8.7 Rights arising from defective performance do not apply to inaccuracies contained in the relevant public registries from which the Provider draws data. The operators of these registries (in particular ČÚZK and IPR Praha) are responsible for the correctness of data in the public registries.

IX. Personal Data Protection

9.1 The Provider processes the Customer's personal data in connection with the conclusion and performance of the contract in accordance with the GDPR Regulation and Act No. 110/2019 Coll., on the Processing of Personal Data.

9.2 Detailed information on the processing of personal data is provided in the separate document Privacy Policy.

9.3 The Customer acknowledges that the provision of personal data specified in the order form is necessary for the conclusion and performance of the contract.

X. Liability, Data Accuracy and Limitations

10.1 Data Sources and accuracy: The Provider draws information for the Service from third-party data services (ČÚZK including RÚIAN and WSDP, IPR Praha, OpenAQ - hereinafter the "Data Sources"). The Provider does not warrant the accuracy, completeness or currency of data provided by the Data Sources. The operators of the Data Sources are responsible for their content.

10.2 Temporal limitation of data: Information contained in the report relates to the moment of report generation. Data in the registries may change after report generation. The Provider has no obligation to continuously update reports that have already been generated.

10.3 Purpose of the Service and recommendation to the Customer: The Service serves as an informational overview of a property drawn from public sources. The Service is not a substitute for: a) legal advice, b) real estate advice, c) technical assessment of the state of the property, d) tax advice, e) personal verification of data directly in the cadastre of real estate.

The Provider recommends that the Customer verify key data directly in the cadastre of real estate and consult the legal status of the property with a lawyer before concluding a purchase contract or other legally significant acts.

10.4 AI-generated analysis: The Paid Report contains an analytical section generated using artificial intelligence (AI). AI analysis: a) may contain inaccuracies or errors resulting from the nature of machine learning technology, b) does not replace expert legal, real estate or financial advice, c) must not be used by the Customer as the sole basis for investment decisions.

10.5 Limitation of the Provider's liability: To the maximum extent permitted by law, the Provider is not liable for: a) damage arising from the Customer's reliance on data contained in the report, which is also contained in the Data Sources, b) damage arising from the Customer's decisions (in particular investment or purchase decisions) made on the basis of information contained in the report, c) damage arising from temporary unavailability of the Service for reasons beyond the Provider's control, d) damage arising from misuse of the Service by the Customer or from breach of the Terms by the Customer.

10.6 Towards the Consumer-Customer, the limitations of liability under Section 10.5 apply only to the extent permitted by the provisions of the Civil Code and the Consumer Protection Act.

10.7 Towards the Entrepreneur-Customer, the Provider's total liability for any damage arising in connection with the contract is limited to the amount corresponding to the price of the Paid Report paid by the Entrepreneur-Customer for the specific report.

10.8 Operational availability: The Provider strives to operate the Service to the maximum possible extent of availability, but does not guarantee uninterrupted availability.

XI. Intellectual Property

11.1 Nemify is one of the trade names used by Smart Assets s.r.o., Company ID: 21461104, registered with the Municipal Court in Prague, section C, file 402238, with registered office at Veletržní 819/75, Holešovice, 170 00 Prague 7. Smart Assets s.r.o. reserves all rights to this trade name.

11.2 By concluding a contract, the Customer does not acquire any intellectual property rights to the Service beyond the rights necessary for the proper use of the specific purchased report.

11.3 Use of the report by the Customer: The Customer is entitled to: a) use both the Free and Paid Report for their own needs, b) share the report with their advisers (lawyer, real estate broker, bank, household members), c) in the case of the Paid Report, retain its PDF version for future needs.

11.4 The Customer is not entitled to: a) use the report for resale, provide the report as part of their own service, or process the data for a competing service (ordinary use of the report to decide on the purchase or rental of a property is not considered commercial use), b) mass download content from the Service (e.g., by scraping), c) reproduce, copy or further distribute Service content beyond Section 11.3, d) circumvent technical restrictions of the Service.

11.5 Data drawn from the Data Sources is subject to the licence terms of the respective operators: a) data from ČÚZK is subject to ČÚZK's terms, b) data from IPR Praha is provided under a CC BY 4.0 licence - the attribution "Datový podklad © IPR Praha" (in English: "Data base © IPR Praha") is part of every report, c) data from OpenAQ is provided under a CC BY 4.0 licence.

XII. Dispute Resolution and Governing Law

12.1 Relations between the Provider and the Customer are governed by the laws of the Czech Republic.

12.2 The general court according to the seat or residence of the Consumer-Customer has substantive and local jurisdiction to resolve disputes between the Provider and the Consumer-Customer.

12.3 The general court according to the Provider's seat has substantive and local jurisdiction to resolve disputes between the Provider and the Entrepreneur-Customer.

12.4 Out-of-court dispute resolution (ADR): The Consumer-Customer has the right to out-of-court settlement of a consumer dispute. The substantively competent entity for out-of-court settlement of consumer disputes is:

Czech Trade Inspection Authority Central Inspectorate - ADR Department Štěpánská 796/44, 110 00 Praha 1 E-mail: adr@coi.cz Web: https://adr.coi.cz

The European Commission's online dispute resolution platform was discontinued on 20 July 2025 (Regulation (EU) 2024/3228); current information on out-of-court settlement of consumer disputes is available at https://consumer-redress.ec.europa.eu/. Out-of-court settlement with the Czech Trade Inspection Authority under this Section remains available to the Consumer-Customer.

12.5 The out-of-court dispute resolution procedure is not a court. The Provider is obliged to cooperate with ČOI during its course.

XIII. Final Provisions

13.1 These Terms take effect on the date stated in the header.

13.2 The Provider is entitled to unilaterally change or supplement these Terms. Amended Terms apply only to contracts concluded after the amended Terms take effect.

13.3 The Provider will publish a change to the Terms on the Service's website at least 15 days before it takes effect (see Section 1.5) and will inform Customers with a user account of it by e-mail. A Customer who does not agree with the change of Terms has the right to cancel their user account.

13.4 If any provision of these Terms proves to be invalid, this shall not affect the validity of the other provisions of the Terms.

13.5 Any communications and notices between the contracting parties are delivered by e-mail. A notice is deemed to be delivered on the third calendar day after being sent.

13.6 The purchase contract is concluded in the Czech language. If the Provider provides the Terms in another language, the Czech version is decisive for interpretation purposes.

13.7 The following documents form an integral part of the contract: a) Privacy Policy, b) Notice on the Right to Withdraw from the Contract, c) Complaints Procedure, d) Cookie Policy, e) Contact Information.

13.8 In case of a conflict between the Terms and the documents listed in Section 13.7, the provisions of the Terms prevail, unless any of the documents expressly provides otherwise.

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This English version is provided for convenience only. In case of any discrepancy, the Czech version prevails.