General Terms and Conditions

1.1. These General Terms and Conditions are an integral part of the Agreement concluded between the Client and the Provider, governing the binding rules and conditions of using the Provider's Services and Products. These GTC regulate the relationship between the Provider of Services and Products and the Client.

1.2. The definitions set out below shall have the following meaning for the purposes of these GTC:

2.1. The Service is provided to the Client upon conclusion of the Agreement. These GTC are an integral part of the Agreement.

2.2. The Agreement is concluded on the date of signature by both contractual parties. In the case of concluding the Agreement via a web interface, the moment of conclusion of the Agreement is the payment of the Service price (in the case of payment via wireless transfer, the moment when the amount corresponding to the Service price is credited to the Provider's bank account) in the amount specified for the first billing period.

3.1. The Provider provides the paid Service at the internet address specified in the Product Specification and its subdomains or on the Client Server in accordance with the Agreement and technical specifications stated in the Product Specification.

3.2. The scope of Services is defined in the Product Specification, which is an appendix to the Agreement. The Product Specification defines in detail the individual partial Services in terms of content, price, and method of their activation.

4.1. Prior to concluding the Agreement, the Provider may allow the Client to trial the Service in Trial version mode via a web domain, to the extent defined by the Provider.

4.2. By filling in the order form on the website specified in the Product Specification, the Client accepts the terms of providing the Trial Version of the Service, which are governed by Art. 4, Art. 7, Art. 9, Art. 11, Art. 12, Art. 14 para. 6, Art. 15, Art. 16, and Art. 17 of these GTC.

4.3. The Trial version of the Service is provided to the Client for the period specified in the Product Specification, unless the Provider determines otherwise.

4.4. The Client is entitled to store data when using the Trial version of the Service, but only for the purpose of verifying the system's functionality. The Client acknowledges that the Provider is in no way responsible for the availability and preservation of data stored by the Client when using the Trial version of the Service.

4.5. Before the expiration of the Trial version of the Service, the Provider will enable the Client to transition to the paid version of the Service and will communicate non-binding payment details. Upon payment, the Service will be activated to the agreed extent and data stored by the Client in the Trial version will be transferred to the paid version. If the Client does not use the option to transition to the paid version, the Trial version ends upon expiration of the provided period.

4.6. The Client hereby acknowledges that data stored in the Trial version of the Service will be irreversibly deleted after the expiration of the Trial period. The Client will be informed about the approaching end of the Trial version and the deletion of data via email or through the Trial version portal.

5.1. The Agreement specifies whether it was concluded for a definite or indefinite period. The Agreement is concluded for (i) a definite period for Services provided via web interface and (ii) an indefinite period for Services provided via Client Server.

6.1. The Client is obliged to pay the price for using the Service based on delivered tax documents issued by the Provider. Invoices (tax documents) will be issued in electronic form. Prices for Services are determined based on the Offer or Price List, unless the Agreement provides otherwise.

6.2. The debit/credit card and/or other online payment instrument used by the Client to subscribe to the Service (i) provided via web interface and (ii) provided on a monthly subscription basis will be automatically charged 30 days from the date of subscribing to the Service. If the Client wishes to cancel automatic payment, the Client must cancel the automatic subscription three days before automatic renewal. The Provider recommends verifying with prepaid cards or the bank whether recurring payment is possible.

6.3. The Client may change their subscription online by simply logging into the Client Zone. To prevent recurring automatic payment for the next period, the Client must cancel their subscription at least three days before recurring renewal. If the Client cancels their subscription at least three days before renewal, the subscription will end at the end of the current billing period.

6.4. An order for any Service may be cancelled without any additional payments before the Client's payment is credited to the Provider's account. For downloadable Products, the Provider does not refund any Client payments after the download channel has been made available and a download attempt has been made. Cancellation of an order after receiving the Client's payment is only possible by agreement with the Provider if the ordered Service has not been used or no download attempt has been made.

7.1. The system is developed under the GPL v3 license.

7.2. All modules are also under the GPL v3 license.

https://www.gnu.org/licenses/gpl-3.0.html

8.1. The billing period for an Agreement concluded for a definite period is the duration (number of months) for which the Agreement was concluded. The Provider will issue invoices with a due date of 14 calendar days for Services provided via web interface or email, unless stated otherwise in the Offer.

8.2. If the Agreement is concluded for a definite period, the Provider will send the Client non-binding payment details for the same period before its expiration. If the Service price is paid in accordance with the payment details, the Service provision period will be automatically extended.

8.3. In the event of late payment of the Service price, the Provider is entitled to charge a late payment interest of 0.5% per commenced day of delay. If the Client is in arrears with any payment, the Provider is entitled to suspend or limit the provision of the Service until full payment of the debt. During suspension or limitation, the Client is obliged to pay the price in accordance with delivered tax documents. Repeated late payment by the Client is considered a material breach of the Agreement.

9.1. The Provider is entitled to make any changes to the Service or its scope. In such case, the Provider will inform the Client via the web interface for the provided Service. The Client is entitled to terminate the Agreement in the event of unilateral changes to these GTC that the Client refuses, if agreed in the Agreement.

9.2. The Provider undertakes to take all steps within its technical capabilities to ensure the functionality and availability of the Service, provided the Client meets the basic system requirements for Services specified in the Product Specification or on the relevant web portal.

9.3. If the Client identifies any problem related to the speed or availability of the Service, they are obliged to immediately report this event to the Provider via email specified in the Product Specification or by phone. The Client acknowledges that there may be events beyond the Provider's control that may affect the functionality or availability of the Service (e.g., internet connection failure on the Client's side, natural disaster, DOS or DNS attacks). The Provider is not responsible for damages arising in connection with such events.

9.4. The Client acknowledges and agrees that the Provider may temporarily cease providing the Service for serious reasons, particularly in cases such as prevention of cyber attacks or in the event of a serious Service failure. Notification of Service interruption must be sent to the Client as soon as possible. The Provider is obliged to create appropriate operational and security measures to minimize potential failures.

9.5. The Provider undertakes that it is not authorized to provide the content of user data to any third party. The Provider further agrees that it has no right to modify, censor, or monitor any user content.

9.6. The Parties have agreed that the Provider shall not acquire ownership rights to the Client's data. The Client is solely responsible for the content of data stored on the Client Server or Provider Server.

9.7. For the proper provision of the Service, it is necessary to collect, store, and process the following data: released versions, store identifier, instance URL, list of plugins, and number of active users, which the Provider uses for Client identification, verification of authorization to use the Service, and protection of the Provider's rights.

10.1. The Client may not use the Service in violation of generally binding legal regulations.

10.2. To gain access to the Service, the Provider may require certain identification data and other information from the Client. The Client shall provide truthful, accurate, and current information.

10.3. At the Provider's request, the Client shall provide necessary cooperation in removing faults or making modifications.

10.4. If the Client wants new functionality in the system and we program or set it up, the Client is obliged to pay the Provider for work performed, according to pre-agreed terms.

10.5. The Client is obliged to keep access credentials confidential and not disclose them to anyone or otherwise allow third-party access to their User Account. The Client is further obliged to reasonably secure their technical devices to minimize the risk of misuse of access credentials.

10.6. If the Client breaches the obligations imposed in this paragraph, the Provider bears no responsibility for any damage incurred by the Client, and the Client is fully responsible for any damage to the Provider or third parties. A breach of these obligations further establishes the Provider's right to withdraw from the Agreement.

11.1. Each Client may designate one or more User Accounts that carry Administrator rights. The Administrator may perform the following operations:

11.2. The Client bears full responsibility for the use of the Service by Users, activities performed by these Users, and all data uploaded to the Client Account. The Client shall ensure that all Users comply with these GTC.

12.1. The Client may not upload, send, or otherwise store content on the Service portal that may contain software viruses or other files and programs that may destroy, damage, or limit the functionality of the Provider's or other Clients' equipment. Violation of these obligations is considered material and establishes the Provider's right to terminate the Agreement and demand a contractual penalty of EUR 10,000 for each violation and any applicable damages.

13.1. The contractual relationship ends by withdrawal from the Agreement, expiration of the agreed duration, dissolution of a legal entity (Provider or Client) with liquidation, termination, or by agreement between the Parties.

13.2. If the Agreement is concluded for an indefinite period, the Client is entitled to terminate the Agreement at any time without stating a reason. The notice period is one month.

13.3. The Provider is entitled to terminate the Agreement at any time without stating a reason. The notice period is three months.

13.4. The Client is entitled to terminate the Agreement in cases specified in Art. 9.1 of these GTC.

13.5. If the Client materially or repeatedly breaches obligations under these GTC or the Agreement and does not remedy such breach within 14 days of notification, the Provider is entitled to withdraw from the Agreement.

13.6. If the Client has breached obligations in a particularly serious manner, the Provider is entitled to withdraw and terminate the Service with immediate effect.

14.1. The Parties have agreed that the total liability of the Provider for any claim shall not exceed the amount equal to the maximum amount paid for the provision of the Service in the previous calendar year.

14.2. The Provider is not responsible for indirect damages arising from the provision of Services, such as loss of profits, loss of income, loss of data, or any indirect, special, or consequential damages. In cases of force majeure, the Parties are not responsible for breach of obligations under this Agreement.

14.3. By concluding the Agreement, the Client acknowledges that despite the Provider's best efforts, short-term Service unavailability may occur due to circumstances beyond the Provider's control. The Client therefore agrees to back up all data stored within the Service at a different geographic location.

14.4. The Client uses the Service as is. Incompatibility with other software, hardware configuration, or partial error functionality does not entitle the Client to cancel the Order or to a refund.

15.1. The Client declares awareness of legal obligations as a controller of personal data of Users and clients. The method and processing of personal data within the Service is determined by the Client.

15.2. All data is collected by the Provider from the Client for the purpose of providing the Service, improving quality, and sending only commercial and marketing notifications.

15.3. All communication within the Service is encrypted by SSL protocol. The Client hereby declares that this method of encryption is considered sufficiently secure.

15.4. The Provider undertakes not to provide any information designated by the Client during registration to any third party without the Client's explicit consent.

15.5. Client data is stored in the Provider's electronic systems for the duration of the contractual relationship. After termination, the Provider stores only data necessary for compliance with legal obligations.

16.1. The contractual parties undertake to maintain confidentiality of all information obtained during the contractual relationship under the Agreement.

16.2. The Client's rights under the Agreement and these GTC may not be assigned without the prior written consent of the Provider.

16.3. To avoid any doubt, the Parties expressly confirm that they are entrepreneurs and that they conclude the Agreement in the course of their business activities.

16.4. If any provision of the Agreement or these GTC is invalid, ineffective, or unenforceable, such fact does not affect the validity of the remaining provisions. The Parties shall make every effort to conclude an amendment replacing the invalid provision.

16.5. In the event of any conflict between the Offer, Product Specification, Service Implementation Specification, Service Support Specification, and GTC, the following order of precedence applies: