These General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between the Internet Service Provider and the Customer.
The operator of the online services (hereinafter referred to as the “Services”) is SODEW, s.r.o., ID No.: 09675957, with its registered office at Masarykova 1230, 373 41 Hluboká nad Vltavou, Czech Republic, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, File No. 30436.
A Customer is a legally competent natural person or legal entity that enters into a Contract with the Operator. The Contract is concluded by completing and submitting the registration form on the Operator’s website and by activating the service, even in the case of a free trial period. The Customer will receive login credentials for the service at the provided email address. The Customer hereby agrees to these General Terms and Conditions (GTC).
The service is provided as a time-limited trial period; once this period expires, the service will be billed according to the current price list if the Customer decides to continue using the service. If payment for the service is not made after the trial period ends, the service will be terminated.
A customer—consumer means a natural person with full legal capacity who enters into a Contract with the Operator for their private, non-commercial purposes.
“Customer Administration” refers to access to the service provided via a web browser (specifically, the administration panel for WordPress or another system provided as part of the Service), for which the Customer will receive login credentials sent to the email address they provided. Through this access, the Customer can manage their services with the Operator.
Authorization refers to the verification of the customer’s identity, specifically through the provision of login credentials (username and password), thereby also verifying the customer’s right to use the service and the data associated with it. The operator may require the customer to use a different method of authorization.
The Customer acknowledges and agrees that he or she is not authorized to enter into a Contract with the Operator or to order services offered by the Operator on behalf of third parties unless the third party has provided prior written consent. The Operator may request this written consent at any time, and the Customer is obligated to submit it immediately; otherwise, the Operator is entitled to cancel the service.
By activating the Service, the Customer expressly agrees to and acknowledges the Agreement, these Terms and Conditions, and all other terms and conditions related to the Service provided, as well as the content, specifications, and price of the Service as set forth in the Operator’s offer. Both the Customer and the Operator are obligated, for the duration of the Agreement, to comply with generally applicable laws, the provisions of the Agreement, these Terms and Conditions, and any other terms and conditions, if they are part of the service.
By entering into the Agreement, the Customer also declares that they have familiarized themselves with the features of the service (in particular, the automated creation of a website using AI tools and its management within the provided environment) and, for this reason, is not entitled to request a refund of any payment already made on the grounds that the nature, type, or execution of the service does not suit them. This may only be waived by mutual agreement of the contracting parties prior to the conclusion of the Agreement, and such agreement must be in writing.
The Customer shall be fully liable for any damages caused to the Operator, other users of the Services, or third parties as a result of the Customer’s actions in violation of these Terms and Conditions and/or the laws of the Czech Republic. This liability cannot be waived.
If the Customer violates these Terms and Conditions (or other related terms), the Operator is entitled to suspend the Customer’s Services. In the event of a particularly serious violation or repeated violations of these Terms and Conditions, the Operator is entitled to terminate the Service. The determination of whether a violation of these Terms and Conditions has occurred is at the Operator’s discretion.
“Suspension of the Service” means rendering the Service inoperable and/or preventing access to the Service. At the same time, the Customer may not have access to the data (files, databases) associated with the Service. Service may be restored only by rectifying the defect or by paying the service fee.
Cancellation of the service means its termination and the deletion of the service data. The service may be canceled, in particular, if the service fee is not paid after the end of the trial period or after the expiration of the prepaid period.
Additional documents governing the terms and conditions of the services provided may form an integral part of these General Terms and Conditions, provided they are published on the Operator’s website.
In the case of services provided through third parties (such as domain name registration or management), the terms and conditions of those third parties may also apply to such services. The customer acknowledges that, in such cases, they are bound not only by these Terms and Conditions but also by the terms and conditions of the relevant service provider.
In the case of domain name registration or management, this may specifically refer to the terms and conditions of the domain name registrar, such as WEDOS, a.s., which are available on their website.
Unless otherwise stated on the product page for each service, customer data is stored within the European Union (EU), specifically in the Czech Republic.
The Operator has the right to publish the Customer’s logo, and, where applicable, basic identifying information (such as first name, last name, or company name) on its website or in promotional materials for the purpose of promotion and to use the Customer as a reference. The Operator has the right to publish a screenshot of the website created by the Customer for the purpose of promoting its services.
The Customer is required to update their identification, billing, and contact information whenever a change occurs, no later than 7 days after the change takes effect. If this obligation is not fulfilled, the Customer bears full responsibility for any resulting damages.
Service availability guarantee, faults, and outages
The operator ensures the smooth operation of services, except for the time necessary for maintenance of the technical and software resources through which the services are operated.
The operator is authorized to perform scheduled system outages for the purpose of maintenance, updates, or modifications to the service’s functionality.
The operator is authorized to carry out unscheduled outages if the situation requires it and such outages must be carried out immediately in order to ensure the continued operation of services and infrastructure.
A malfunction is defined as a fault in the Operator’s technical or software systems that causes the services to become completely inoperable or unavailable, as a result of which the Customer is unable to use them to their full extent. A planned or unplanned outage is not considered a malfunction.
The Operator is not liable for the malfunction or unavailability of the service caused by a third party. The Operator is not liable for the malfunction or unavailability of the service caused by the Customer.
The Operator shall not be liable for any malfunction or unavailability of the system caused by a technical or other problem on the part of a subcontractor, a failure or outage in the Internet network between the user and the Operator’s servers, or force majeure. The Operator shall not be liable for the unavailability of the service in the event of a malfunction in the Customer’s Internet connection.
The Provider shall not be liable for any interruption in the provision of Services to the Customer under these Terms and Conditions and/or the Agreement in the event of interference by third parties or force majeure (in particular, floods, fires, windstorms, war, earthquakes, etc.) or in the event of a failure of third-party suppliers’ equipment (in particular, power outages, telecommunications outages, etc.).
None of the services offered provide detailed public monitoring. The Operator is authorized to publish information about malfunctions, outages, and important changes on its website or through other appropriate means of communication.
The Customer is not entitled to compensation for damages or other costs incurred in connection with the unavailability of the service, loss (or damage) of data, or any other type of malfunction. Any compensation for damages and additional costs, including liability for the Customer’s lost profits, is always limited to a maximum amount corresponding to the fee for one month of providing the relevant service. Different claims for damages may only be agreed upon by written agreement between the contracting parties.
In the event of a service outage or malfunction, the Customer is entitled to report the issue to the Operator (for example, via email or the contact form).
The Customer is not entitled to any compensation for service disruptions if the Customer has not paid all fees for the services provided in full and on time, if the service has been terminated, or if the service is not functioning as a result of the Customer’s prior actions.
Given the nature of electronic communication, the Operator does not guarantee the proper delivery of email messages from or to its servers and shall not be liable for any damages caused by undelivered or lost email messages. Similarly, the Operator shall not be liable for data incorrectly stored or uploaded by the Customer.
The Operator is not liable for any loss or damage to data resulting from a software or hardware failure of the server or other infrastructure. It is the Customer’s responsibility to prevent such damage; therefore, the Operator recommends that the Customer perform their own data backups to the extent deemed appropriate by the Customer.
Customer Support and Communication with Customers
The scope and terms of customer support are specified for each service. The scope and terms of support may vary by service.
When contacting customer support, the Operator may require the Customer to verify their identity using their login credentials for the service or other identification information specified for this purpose (Authorization). If the Customer fails to do so, the Operator may refuse to provide support or take action. The Operator reserves the right to require additional authorization if it suspects that the Customer’s access credentials have been compromised or misused.
As part of its customer support, the Operator provides the Customer with basic information, instructions, and advice via its website or other communication channels, which relate exclusively to the service (not its content). Additional methods of support and assistance may be listed for individual services. If the Customer requests a solution to a problem that requires the Operator’s intervention and that was caused by an error on the Customer’s part or improper use of the service, the Operator may require payment for such intervention in accordance with the current price list.
If telephone support or another communication channel is available for a particular service, this method may only be used to obtain general information and advice or to resolve obvious service malfunctions. It cannot be used to request actions that require the Customer’s authorization. In such cases, you must use the Operator’s official communication channels (such as email or the contact form).
The operator is not responsible for the content of information published on publicly available information sources (such as guides, articles, knowledge bases, or community forums), nor for its accuracy.
Billing and payments
The current price list is available on the Operator’s website or on other official websites containing descriptions and presentations of individual services. Prices may be listed in various currencies, and their amounts may vary regardless of the current exchange rate. The Operator announces changes to the price list on its website.
Invoices and other accounting documents are sent to the Customer via email to the email address the Customer provided when setting up the service. Accounting documents are not provided in paper form, to which the Customer expressly agrees.
The service is provided free of charge during the trial period. After the trial period ends, continued use of the service is subject to payment of the applicable fee in accordance with the Operator’s current price list.
Customers can choose how to pay for the service, specifically through a monthly subscription or a one-time annual payment.
The service is activated or renewed once payment has been made and the funds have been credited to the Operator’s account.
If the Customer fails to pay for the service after the trial period ends or after the prepaid period expires, the Provider is entitled to suspend or cancel the service.
If payment is not made even within the additional period set by the Operator, the Operator is entitled to permanently terminate the service. In such a case, the Customer’s data may be irretrievably deleted.
A payment is considered complete only once it has been credited to the Operator’s account and correctly matched.
The Operator will not accept proof of payment unless the amount has been credited to the Operator’s account.
For international payments, the Customer is required to pay all fees associated with the transaction so that the full amount due is credited to the Operator’s account.
Unless otherwise stated, all discounts or promo codes apply only to the first billing period of the service and cannot be combined or applied retroactively.
If it becomes necessary to refund an unused payment, the funds will be refunded using the same method by which they were received, unless the parties agree otherwise. The operator is entitled to request verification of the payee’s identity.
The customer agrees that handling fees may be charged for certain payment methods in accordance with the Operator’s current price list.
The customer acknowledges that third-party payment systems (such as payment gateways) may be used to process payments.
Rights and obligations of the Operator
The Operator shall not be liable for any infringement of trademark rights, trade name rights, or other rights protected by generally binding legal regulations committed by the Customer through the use of the services.
The Operator shall not be liable for any damage or loss that has been or may be caused to the Customer in connection with the use of the services. Any compensation for damages and other costs, including liability for the Customer’s lost profits, is always limited to a maximum amount corresponding to the fee for one month of providing the relevant service. Different terms may be agreed upon only in the form of a written agreement between the Customer and the Operator.
The Operator is entitled to modify the parameters of the services and their variants, particularly in light of technological developments or changes to the features provided. However, the Operator is required to notify the Customer of such changes in advance and with sufficient notice by posting information on the Operator’s website.
The Operator is not authorized to interfere with data created or uploaded by the Customer, unless otherwise agreed upon by the contracting parties. This prohibition does not apply in the event of a suspected violation of these Terms and Conditions, applicable laws, or misuse of the provided service. The Operator is obligated to inform the Customer of such intervention, unless prevented by legal regulations or technical reasons.
If the Customer breaches these Terms and Conditions or any other agreements with the Operator, the Operator is entitled to unilaterally terminate the Contract and cancel the service provided. In such a case, the Customer’s data may be deleted. If the Customer wishes to have the data restored (if available), the Operator is entitled to charge a fee for this service in accordance with the current price list.
Customer Rights and Obligations
The customer is required to use the services in accordance with the manuals, guidelines, and instructions provided by the Operator. The customer is also required to instruct all persons involved in the administration of the service accordingly.
The customer undertakes to take all necessary measures on their part to prevent misuse of the services. The customer is responsible for the consequences of such misuse, should it occur.
The Customer is required to take all necessary measures to protect their login credentials (particularly their username and password) for the service. The Customer is liable for any damages resulting from the misuse of these credentials by a third party.
The Operator is not liable for any misuse of the Customer’s login credentials or personal data, or that of third parties, on the basis of which the service was established or any changes were made, unless such misuse was caused by the Operator itself. Sending such data to the email address provided by the Customer or resending it at the Customer’s request shall not be considered misuse of such data by the Operator. The Operator is entitled to change the login credentials for urgent technical reasons even without the Customer’s consent, if necessary for the proper provision of services.
The Customer agrees that the Operator may send them information related to the service or the Operator’s service offerings via email. The Customer may opt out of receiving commercial communications at any time by clicking the link in the email message.
The Customer is prohibited from attempting to disrupt the operation of the services and technical or software resources, intentionally overloading them, or using the services in a manner inconsistent with their intended purpose, even if done in good faith (such as for testing or performance measurement), without the Operator’s prior consent.
The Customer is prohibited from using the Services for purposes that violate the laws of the Czech Republic or are contrary to public policy and generally accepted moral and ethical standards. The Customer must not infringe upon the rights of the Operator or third parties.
The Customer is responsible for the accuracy and completeness of the information provided when setting up the service and is required to update this information without undue delay in the event of any changes. The Provider is not liable for any damages caused by the provision of incorrect or outdated information. If the Customer provides false or incomplete information, the Provider is entitled to suspend or terminate the service.
All information, instructions, and procedures related to the use of the service are available on the Operator’s website or within the service. If the Customer has any questions, this information can be clarified. If the Customer requests repeated or non-standard consultations or interventions, the Operator is entitled to charge for these services in accordance with the current price list.
Exclusion from operation
The Operator may refuse to provide services to a Customer whose activities fall, at least in part, into any of the following categories, or whose content—whether created, stored, shared, or otherwise used within the service—falls, at least in part, into any of the following categories:
is contrary to the legal system of the Czech Republic or applicable international conventions
is contrary to public decency
operating any system that could be misused to commit criminal acts
infringement of copyright, patent, industrial property, or other similar rights
sending unsolicited messages (spam)
direct or indirect infringement of the rights of third parties
overloading the infrastructure or technical or software resources of the Operator or third parties
threatening the privacy or security of other systems or individuals
The above provision applies to anything that can be partially classified into the above categories, with the decision on whether the Customer has violated this paragraph being at the sole discretion of the Operator.
The Customer is not authorized to store or share programs or data (files) of which they are not the author and for which they do not have the written consent of the author or rights holder to do so. In the event of a suspected violation of this prohibition, the Operator is entitled to request written confirmation from the Customer that they are authorized to do so. The Customer is obligated to provide this confirmation to the Operator without undue delay. If the Customer fails to provide this confirmation, the Operator is entitled to restrict or suspend the service or delete the disputed data (files). The decision regarding compliance with the use of the service and these Terms and Conditions is solely at the discretion of the Operator.
The operator is entitled to examine the customer's data (files) if it suspects that such data (files) are in violation of these terms and conditions.
The Customer is liable for any damage caused to the Operator, its other Customers, or third parties. If the Customer damages the Operator's reputation or attempts to damage the Operator's reputation in any way, the Operator may immediately terminate its services and claim damages in the amount calculated by the Operator.
The Operator shall allow the placement of content with erotic and pornographic themes on its devices only after prior agreement between the Customer and the Operator. Without this agreement, the placement, distribution, and downloading of such content is prohibited.
The Operator is entitled to restrict the operation of the service if the Customer uses inappropriate software tools for its operation or if they are not set up appropriately (e.g., error in the script, inappropriate algorithm in the program, incorrectly set database indexes, etc.). The decision on unsuitability is solely at the discretion of the Operator.
Information protection and personal data protection
Both the Operator and the Customer agree to maintain confidentiality regarding any information disclosed to each other in connection with the establishment and operation of the services. This confidentiality obligation does not apply to the disclosure of information to partner companies, suppliers, or legal or accounting advisors and auditors who are bound by similar confidentiality obligations.
The protection of information does not apply in cases where the Operator has an information obligation stipulated by law, or where the information is requested by state authorities authorized to do so by law, or where the information is publicly available.
Details regarding the processing, handling, and protection of personal data are set forth in a separate document titled “Personal Data Processing Policy” ( ), which is available at and published on the Operator’s website.
If, in the course of using the service, the Customer stores or otherwise processes the personal data of third parties, a relationship between the Operator and the Customer as data controller and data processor arises within the meaning of applicable laws (in particular the GDPR). In such a case, the Customer is the data controller and the Operator acts as the data processor. The rights and obligations of the contracting parties are governed by a separate data processing agreement, which is available on the Operator’s website or is concluded separately.
The operator undertakes to protect personal data from unauthorized or accidental access, prevent its alteration, loss or destruction, unauthorized transfer or other unauthorized processing, as well as other misuse.
Duration of the agreement and its termination
The duration of the agreement and its termination are governed by the terms and conditions of specific services.
The term of the contractual relationship corresponds to the duration of the service provided, including the trial period and any subsequent prepaid period.
In accordance with Section 1829 of Act No. 89/2012 Coll., the Civil Code, the Customer—as a consumer—has the right to withdraw from the Contract within 14 days of the date of its conclusion. Since the Customer – consumer has expressly requested that the provision of services commence before the expiration of this period, the Customer acknowledges that, in the event of withdrawal, the Customer is obligated to pay a proportionate portion of the price for the services provided up to the time of withdrawal.
The contractual relationship may be terminated, in particular:
upon the expiration of the trial period, unless payment for the service is made
upon expiration of the prepaid service period
by mutual agreement
by withdrawing from the Agreement
statements
If the Customer fails to pay for the service after the end of the trial period or the prepaid period, the service will be terminated automatically, and the Customer will no longer be entitled to its continued provision.
Upon termination of the service, the Customer's obligation to pay unpaid invoices and advance invoices shall not expire, with the exception of advance invoices for subscription periods that have not yet commenced.
The Operator is entitled to terminate the provision of existing services due to the introduction of new services, changes in the services provided, changes in market conditions, the development of new technologies, etc. The Operator undertakes to replace the services whose provision is to be terminated with other similar services, if this is technically possible and economically reasonable. The Operator shall inform the Customer of such a change by means of a Notice within a reasonable period of time in advance. If the Customer does not decide to choose another alternative service from the Operator's offer, the provision of the existing service will be terminated with a one-month notice period. Unused funds for the remaining period will be returned to the Customer in the form of a credit note from the Operator, no later than 30 days after the termination of the service.
The contracting parties may terminate the contractual relationship by mutual agreement or unilateral notice. The notice period is one month and begins on the day following the delivery of the notice to the other contracting party. Termination by the Customer does not entitle the Customer to a refund of any funds, including, for example, unused funds for the remaining (unused) period of the prepaid service.
Final provisions
All agreements between the Operator and the Customer are governed by valid and effective Czech law.
In the event of a change in jurisdiction, the Operator shall immediately inform its customers of this change, no later than 1 month after the change.
Given that the contractual relationship is established for a longer period of time, during which changes in the market or legislation may occur, the Operator reserves the right, pursuant to Section 1752 of Act No. 89/2012 Coll., the Civil Code, to amend these GTC to a reasonable extent. The Operator shall publish the new version of the GTC on its website and the Customer shall be notified of any such change by e-mail within a reasonable period of time before the new GTC come into effect. The Customer has the right to reject the changes to the GTC in writing, no later than the date on which they take effect. If the Customer does not reject the changes to the GTC within this period, the contractual relationship shall be governed by the new version of the GTC. If the Customer rejects the changes/new wording of the GTC, both the Operator and the Customer are entitled to terminate the relevant contractual relationship prematurely, either by mutual agreement or by notice. In such a case, the notice period is 2 months from the written notification of the change to the GTC to the other party.
If these GTC are available to the Customer in multiple language versions, the Czech version shall prevail. In such a case, the Operator shall not be liable for the accuracy of such translation.
