Terms and conditions of the Stavario online application

Valid from 31. 01. 2026

1. Introductory provisions

1.1. These contractual terms (hereinafter referred to as the “Contractual Terms” ) constitute the content of the license agreement
for the Stavario online application (hereinafter referred to as the “License Agreement” ) concluded between the company
Vím o všem sro , Company ID: 06935338, Tax Identification Number: CZ06935338, with its registered office at Smetanova 1249/6, 419 01 Duchcov (hereinafter referred to as the “Provider” ), and the other contracting party, i.e. the licensee (hereinafter referred to as the “Acquirer” ). By concluding the License Agreement by registering the Acquirer in the Online Application, both contracting parties confirm that they agree to these Contractual Terms and Conditions and will abide by them. The Contractual Terms govern the mutual rights and obligations of the Provider and the Acquirer when providing a license to use the Stavario Online Application. These Contractual Terms are valid
and effective in their current version as of the date of conclusion of the License Agreement. The use of the Online Application is possible only after acceptance of these Terms and Conditions as part of the online registration. By concluding the License Agreement (electronic acceptance during registration), the Purchaser acquires the right to use the Online Application under the conditions set out below.

1.2. The Stavario online application can only be used on the basis of a duly concluded License Agreement between the Provider and the Acquirer. The license agreement is concluded by registering on the Provider's website for the Stavario online application. The Acquirer's consent to these Terms and Conditions is confirmed by consent during registration.

1.3. These Terms and Conditions are intended for contractual relationships with entrepreneurs (B2B) and the legal relationships arising from them are governed by the law of the Czech Republic. The contracting parties hereby agree that their contractual relationship will be governed by Czech law in accordance with Article 3 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008. The provisions of Section 1752 of the Civil Code allowing for unilateral changes to the contractual terms and conditions shall apply
to the extent specified in Article 11.5 below. The contracting parties exclude the use of contractual customs within the meaning of Section 558 paragraph 2 and further the provisions of Sections 1748, Section 1763, Section 1799 and Section 1800 of Act No. 89/2012 Coll., the Civil Code.

2. Definition of terms

2.1. License Agreement – ​​an agreement on the provision of a license for the Stavario online application concluded between the Provider and the Acquirer upon the Acquirer's registration in the Online Application.

2.2. Provider – the company Vím o všem sro, ID: 06935338, VAT number: CZ06935338, with its registered office at Smetanova 1249/6, 419 01 Duchcov.

2.3. Acquirer – a legal or natural person (entrepreneur) who has concluded a License Agreement with the Provider and thereby obtains a license to use the online application.

2.4. Online Application means the Stavario software application provided by the Provider as a cloud service (software as a service) for electronic construction logbook and related agenda management in the construction industry. The Online Application is a copyrighted work within the meaning of Act No. 121/2000 Coll., the Copyright Act, and the Provider is the executor of the property rights to the Online Application.

2.5. The License Period means the period of time for which the license to the Online Application is granted, as agreed in the License Agreement. During this period, the Provider is obliged to enable the Acquirer to use the Online Application to the agreed extent, subject to payment of the license price.

2.6. Technical Conditions – a document issued by the Provider that regulates the technical requirements for the proper functionality of the Online Application and draws attention to the limits of the technologies used; it forms an integral part of the Terms and Conditions.

2.7. Contracting Parties means the Provider and the Acquirer together.

2.8. GDPR means Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data

3. License Terms

3.1. The Provider declares that it is entitled to grant the Acquirer a license to use the Stavario Online Application, as it exercises all property rights to the Online Application. The license is provided as non-exclusive, territorially unlimited and non-transferable (the Acquirer is not entitled to grant sub-licenses or assign the license to a third party). The license is limited in time to the duration of the contractual relationship between the contracting parties. By concluding the License Agreement, the Acquirer does not acquire any ownership rights to the Online Application. The Provider exercises all property copyrights to the Stavario Online Application and grants the Acquirer the right to use it in the form of a license to the extent and under the conditions set out in these Terms and Conditions.

3.2. The License authorizes the Acquirer to use the Online Application for its own needs, within the scope of the functionalities agreed in the License Agreement according to these Terms and Conditions. The Acquirer is obliged to ensure that only persons authorized by it (e.g. its employees or subcontractors and end recipients of the Acquirer's services) will have access to the Online Application and that these persons will use the Online Application in accordance with the License Agreement. The License serves exclusively for the internal needs of the Acquirer within the framework of its business activities. The Acquirer is entitled to allow access to the Online Application only to its employees or collaborators for the purposes of the Acquirer and also to third parties who are end customers of the Acquirer.

3.3. The license is provided for a fixed period corresponding to the agreed License Term. Unless otherwise agreed, the minimum license term is 12 months from the effective date of the License Agreement. During the term of the license, the Provider will ensure the availability of the Online Application and provide basic support and maintenance to the extent specified in these terms and conditions.

3.4. After the expiry of the agreed License Period, the license is automatically renewed for a period corresponding to the original License Period. Automatic renewal will not occur only if the Acquirer notifies the Provider in writing at least one month before the expiry of the agreed License Period that he is not interested in automatic renewal. The Provider is entitled to deactivate the Acquirer's access to the Online Application after the expiry of the license period. The procedure according to Article 4.3 below shall be used to extend the license for another period.

3.5. The Purchaser acknowledges that he is not entitled to make the Online Application or any part thereof (including source or machine code) available to any third party, except for persons to whom the Purchaser grants access in accordance with the License Agreement and these Terms. The Purchaser may not interfere with the source code or other parts of the Online Application, decompile it, reverse engineer its code, or attempt to circumvent or disrupt its security features. The Purchaser further undertakes not  to copy, distribute, modify or otherwise use the Online Application in a manner contrary to its intended purpose. In particular, the Purchaser shall refrain from any action that could lead to imitation of the functionality of the application, acquisition or misuse of its source code, or unauthorized creation of similar software. The Purchaser may also not remove or conceal any notices relating to copyright, trademarks, or other intellectual property rights in the interface or documentation of the Online Application. Violation of this provision shall be considered a material breach of the License Agreement.

4. Price and payment terms

4.1. The use of the Online Application is subject to a fee. The Purchaser undertakes to pay the Provider the license price in the amount and manner agreed in the License Agreement or according to the Provider's current price list price list . Individual agreements between the contracting parties take precedence over the price list. All prices as well as fees are stated excluding VAT, to which value added tax at the statutory rate will be added. The price agreed upon when concluding the License Agreement (when registering for the Online Application) may be subject to changes over time, and in the event of license renewal (cf. Article 4.3.), the Purchaser will be charged the current license price according to the Provider's price list. The Provider will issue tax documents to the Purchaser - invoices with the necessary information according to legal regulations. In the event that automatic payment by credit card does not occur, the invoices are due within 14 days. By timely payment of the license fee, the Purchaser acquires the right to use the Online Application for the relevant prepaid period.

4.2. In addition to the license price, the Acquirer undertakes to pay the price of other paid services of the Provider that it may order (e.g. initial training of acquirers, above-standard technical support, additional modules, etc.). In addition, the Acquirer is obliged to pay the fee for the Implementation of the Online Application, which is a one-time fee associated with the reservation of the Online Application capacities for the Acquirer, where the amount of the fee for the Implementation is currently set out in the Provider's price list price list . Above-standard services will be charged according to the Provider's current price list price list , or according to individual agreements between the contracting parties.

4.3. Unless otherwise agreed, the license shall be automatically renewed (extended) for another period of the same duration after the expiry of the agreed period. After the expiry of the current period and automatic renewal pursuant to this article, the Licensee shall pay the license price for the following period in the amount according to the Provider's currently valid price list .

4.4. In the event of the Purchaser's delay in paying any license payment for more than 1 day, the Purchaser and anyone with established purchaser access (employee, collaborator, but also end customer) will be informed of the Purchaser's debt in the Stavario online application by a permanently displayed notification of the Purchaser's due debt, where this notification will appear at all times and cannot be removed (closed) by the Online Application other than by the Purchaser paying the debt. In the event of the Purchaser's delay in paying any license payment for more than 30 days, the Provider is entitled to suspend or limit the provision of all services and functionalities of the Online Application to the Purchaser until the amount owed is fully paid, including all penalties and fees. The Provider will inform the Acquirer about the interruption of the service due to the Buyer's delay and the possibility of remedy (paying the debt in full) at the same time as restricting or suspending the provision of services and the functionality of the Online Application to the contact email. In such a case, the Provider is not liable for any damage or lost profit caused by restricting access to the Online Application during the Buyer's delay in payment.

4.5. The Acquirer does not have the right to demand a refund of the already paid license price (or its proportional part) in the event that he has stopped using the Online Application during the prepaid period, or in the event of early termination of the contract by the Acquirer. Termination of the License Agreement during the License Period is not possible by the Acquirer, except in the case of a particularly serious breach of the contract by the Provider, which is understood to be a situation where the Online Application is not functional for more than 5 days in a row for reasons solely attributable to the Provider. In such a case, the Acquirer is entitled to withdraw from the License Agreement.

4.6. The Provider may allow the new Acquirer to try the Online Application free of charge within the trial period (Trial). The length and conditions of the trial version are determined by the Provider (typically 14 or 30 days). The trial version serves exclusively for testing the functionality of the system by the Acquirer - the Acquirer may enter data only for the purpose of testing the service and acknowledges that the availability and preservation of data entered during the Trial period is not guaranteed. The Provider is not responsible for the loss of data stored during the trial version of the service. Before the trial period expires, the Provider may offer the Acquirer a switch to the paid version of the service. If the Acquirer decides to continue and pays the price for the subsequent paid period, the service will be activated in full and all data from the trial version will be transferred to the paid version of the Online Application. If the Purchaser does not use the option to switch to the paid version, their trial account will be deactivated after the end of the Trial period and the data entered during the trial may subsequently be deleted (the Purchaser will be informed of this fact in advance by e-mail.

4.7 The contract (purchase of a paid License) is concluded by online acceptance of the offer (registration via the web interface and agreement to these terms and conditions) and subsequent payment of the price for the selected first subscription period. Unless otherwise agreed, the price for the selected subscription is payable before the start of the provision of the service, i.e. payment for the first period must be made upon registration or immediately after it. By making the first payment (or by successfully debiting the payment from the payment card), the service is activated and the Provider begins to provide the Acquirer with access to the Online Application.

4.8 Payment card and automatic payments.

By registering, the Purchaser enters valid payment details (payment card) and agrees that the payment card may be used to pay the price for the Online Application. Payment of the subscription for the selected period (e.g. monthly or annual) is always made in advance, at the beginning of each period. The Provider is entitled to automatically debit the payment from the Purchaser's card on the day of the start of the new billing period. The Purchaser will receive a tax document (invoice) for the payment made electronically (sent to the Purchaser's contact e-mail). The Purchaser agrees to the electronic form of invoicing.

4.9. Delay in payment. The Purchaser is obliged to make payments properly and on time within the due date specified on the tax document (invoice). In the event that automatic payment by card fails or the payment is not credited by the due date, the Purchaser will be sent a payment request to his contact e-mail. The Provider may repeat the attempt to debit the payment in the following days. In the event of delay, the Purchaser is obliged to pay the Provider a contractual penalty of 0.1% per day of the outstanding amount for each day of delay and costs associated with the recovery of the receivable in the amount determined by the Provider's Price List price list .

 

5. Updates and new versions

5.1. The Purchaser acknowledges that payment of the license fee does not automatically entitle the Purchaser to all future updates and extensions of the Online Application beyond maintaining the agreed functionality. The Provider will provide such updates free of charge as are necessary to ensure the functionality of the Online Application and compliance with the License Agreement. The Provider may offer the Purchaser significant new functions, modules or qualitative improvements of the Online Application (expanding the originally agreed scope of services) for an additional fee. The Provider will inform the Purchaser about the availability of such paid extensions; their acquisition is completely voluntary. If the Purchaser does not take advantage of the offer of a paid extension, he is entitled to continue to use the Online Application to the original extent without this extension.

5.2. The Provider shall ensure that, for the duration of the license, the Online Application is compatible with commonly used current versions of web browsers and accessible via the Internet. However, the Provider shall not be liable for functional deficiencies caused by circumstances on the part of the Acquirer or third parties (e.g. internet connection failures, limitations imposed by third-party technologies, see Article 7 below).

6. Service support and maintenance

6.1. The Provider will provide basic technical support for the Acquirer for the duration of the license. Support is provided remotely, via e-mail ( support@stavario.zendesk.com ). Standard technical support operating hours are on business days (Monday - Friday) from 8:00 to 16:00 (CET). Requests received outside of these hours will be handled by the Provider the following business day, unless there is a critical service outage.
In urgent cases (e.g. total unavailability of the application), the Acquirer may use telephone contact outside of normal hours and the Provider will try to provide a remedy to a reasonable extent even outside of business hours. The Acquirer may contact the Provider with questions about the functionality of the Online Application and reports of any defects. The Acquirer is obliged to describe his problem or question and provide the necessary information (account name, description of the situation, possibly a screenshot of the error, etc.). The Provider will confirm receipt of the request and assign it a registration number. Support communication takes place in Czech (or, upon agreement, in Slovak or English).

6.2. Reporting defects.

If a material defect appears during the use of the Online Application – i.e. a defect that prevents the Acquirer from properly using the main functions of the Online Application (e.g. access to data) – the Provider undertakes to start work on eliminating such defect without undue delay after receiving a written (e-mail) report of the defect from the Acquirer. In the case of a non-material defect that does not prevent the normal use of the Online Application, the Provider will make a correction with regard to its operational capabilities. Minor deficiencies or error messages that do not affect the overall functionality and performance of the Online Application are not considered defects.

6.3. Cooperation of the Acquirer.

The contracting parties have agreed to actively cooperate with each other in resolving any defects. The Acquirer is in particular obliged to provide the Provider with the necessary cooperation to identify and eliminate the defect, including providing a description of the situation in which the defect occurred and its manifestations. If necessary to effectively eliminate the defect, the Acquirer will allow the Provider secure remote access to its system (e.g. via TeamViewer or similar). Failure to provide the necessary cooperation (e.g. by refusing to provide information or access) shall extend the Provider's deadline for eliminating the defect by the appropriate period and the Provider shall not be liable for any delay or inability to eliminate the defect.

6.4. Support limitations.

The Provider is not liable for defects in the Online Application caused by improper handling by the Acquirer or its acquirers, incorrect system settings on the Acquirer's part, failure to comply with the Technical Conditions, or external influences (e.g. internet connection failures, attacks on infrastructure). If the Acquirer fails to report a defect properly or reports it with unnecessary delay, the Provider is not liable for any limitation of functionality or damage that may arise as a result.

6.5. Paid support. The Provider is entitled to charge a reasonable amount for support or service intervention if it subsequently turns out that the reported defect or problem was caused by circumstances on the part of the Acquirer or the acquirer (e.g. unprofessional intervention, virus infection of the local network, use of an outdated browser, breach of contractual obligations, etc.). The Acquirer will be informed of such fact and support may be charged to him at the hourly rate set by the Provider (according to the Provider's current price list price list ). The right to payment of support under this paragraph does not affect the Provider's possible claim for compensation for damages or contractual penalties for breach of obligations by the Acquirer.

6.6. The Provider is entitled to entrust the provision of technical support or maintenance to a third party (subcontractor) who will provide authorized service for the Online Application. However, in such a case, the Provider shall be liable to the Purchaser as if it were providing the support itself.

6.7. Response times: The Provider tries to respond to questions and reports as soon as possible, taking into account their urgency. Critical defects that prevent work with the application (e.g. server outage, non-functional login) are resolved as a priority and the Provider will start work on eliminating such a defect without undue delay after reporting it. Less serious errors (partial functionality that has an alternative solution) are resolved in the order according to the Provider's capabilities, usually within a horizon of hours to days. Questions about control and general consultations will usually be answered within 2 business days. These indicative deadlines are not contractually guaranteed deadlines, but the Provider will make every effort to ensure that support is provided within the specified time frames, however, if this deadline is exceeded, the Provider shall not be liable for the delay.

7. Limitation of liability

7.1. The Contracting Parties shall make every effort to prevent damage and minimize any damage that may arise from a breach of the Agreement. Neither Contracting Party shall be liable for damage caused by receiving incorrect or incomplete information or documents from the other party.

7.2. The Provider is not responsible for the legal accuracy or content of documents or data entered into the Online Application by the Acquirer (e.g. the content of completed forms, construction log entries, etc.), nor for the parameter settings made by the Acquirer within the application.

7.3. The Provider is not liable for damages caused by the use of data obtained from external third-party sources (e.g. automatically imported weather data, map data, etc.), nor for damages caused by incorrect data entered into the Online Application by the Acquirer or its acquirers. The Acquirer acknowledges that some functions of the Online Application depend on third-party data and services, the availability and accuracy of which the Provider cannot guarantee.

7.4. The Provider is in no way liable for defects in the Online Application or for damage caused by incorrect outputs from the Online Application, if they were caused by circumstances on the part of the Acquirer, the Acquirer's acquirers, third parties or circumstances excluding the Provider's liability. In particular, the Provider is not liable for defects or damage caused by: entering incorrect or incomplete data by the Acquirer; virus infection or security breach on the part of the Acquirer; unprofessional intervention in the operation of the Online Application; incorrect function of the Acquirer's hardware or software; or outages or restrictions on third-party services used by the Online Application. The Provider is also not liable for any restrictions or unavailability of the functionality of the Online Application caused by an internet connection failure.

7.5. The Provider is not liable for the Purchaser's lost profits or for any other indirect or consequential damages incurred by the Purchaser as a result of the inability to use the Online Application to its full extent. The Purchaser acknowledges and agrees that the full availability and functionality of the Online Application may depend on third-party services (e.g. web browsers, cloud infrastructure, APIs of other applications), and the Provider cannot guarantee uninterrupted or error-free functioning of those parts of the service that depend on these external factors. The Provider's limitation of liability is agreed to be absolute. The Purchaser is not liable for lost profits to the fullest extent permitted by applicable law.

7.6. The Provider's total liability for any damage caused to the Licensee under (or in connection with) the License Agreement is limited to an amount equal to the license price (excluding VAT) paid by the Licensee for the immediately preceding license period. This does not affect the Licensee's right to compensation for actually proven damage caused by the Provider intentionally or through gross negligence, nor the Provider's liability for damage to natural human rights.

8. Protection of personal data

8.1. The Purchaser acknowledges that when using the Online Application, data of a personal nature may be processed (e.g. data on employees, subcontractors, customers or other natural persons that the Purchaser enters into the application). The Purchaser is obliged to ensure that the processing of such personal data is in accordance with the applicable legal regulations on their protection, in particular the GDPR regulation and the applicable legal regulation according to the agreed applicable law, which at the time of acceptance of the Contractual Terms and Conditions is Act
No. 110/2019 Coll., the Act on the Processing of Personal Data. If required by law, the Purchaser will request prior consent from the data subjects or will fulfill another legal condition for processing (e.g. informing the data subject). The Provider will not be liable for the Purchaser's breach of obligations when processing personal data entered by the Purchaser into the Online Application. The Purchaser hereby declares that it is the controller of the personal data that it enters into the application and that it will fulfill all legal obligations related thereto. The Purchaser is obliged to inform
and request prior consent or meet other legal requirements for the processing of personal data of third parties in the Online Application for sending contractual communications and also for the use of cookies for personalization of the content of the Online Application (e.g. contractual communications). The Purchaser is responsible for not violating the rights of third parties when entering data into the system.

8.2. Personal data of the Acquirer (or its representatives) provided upon conclusion of the License Agreement or within the framework of using the Online Application will be processed by the Provider in accordance with applicable legal regulations, for the purpose of fulfilling the contract (providing the service) and, where applicable, also for the protection of the Provider's legitimate interests. Detailed information on the processing of personal data by the Provider, including the scope of the processed data, the rights of data subjects, etc., are contained in the Provider's Personal Data Processing Principles . The Acquirer declares that he has familiarized himself with the Personal Data Processing Principles before concluding the License Agreement, confirming this when concluding the License Agreement (by registering for the Online Application).

8.3. The Acquirer agrees that the Provider is entitled to monitor to a reasonable extent the manner in which the Acquirer and its acquirers use the Online Application, and to use the obtained statistical data on the operation and use of the application for its own internal needs and further development of the services. The Provider may transfer the data obtained and aggregated in this way to third parties when it is necessary for the operation of the service in its full functionality and sufficient targeting
of the services provided and offered, or in situations where it is required by law.

8.4. The Purchaser hereby grants the Provider consent to sending contractual communications (offers of products and services) to the Purchaser's provided contact details (in particular the e-mail address
and all e-mail addresses that the Purchaser enters into the Online Application pursuant to Article 8.1)
and via the Online Application. The Purchaser is obliged to inform the persons whose e-mail addresses he enters into the Online Application that if an e-mail is entered into the Online Application, this constitutes
consent to sending contractual communications and to request the consent of such persons, if necessary). The Purchaser and any third party are entitled to withdraw their consent to sending further contractual communications by e-mail at any time in writing or by using the unsubscribe link in the e-mail; each contractual communication will contain instructions for unsubscribe. The Provider will no longer contact the Purchaser or a third party with these offers if the Purchaser or a third party expresses their disagreement in this way.

8.5. The Purchaser acknowledges and agrees that the Provider may use cookies and similar technologies to track the Purchaser's activity on the website to ensure the operation of the service. Detailed information about cookies is provided in the Provider's separate Cookies Policy. The Purchaser also acknowledges that the Provider may and will use third-party services (e.g. analytical and marketing tools) for the purpose of personalizing content and offers within the application. Any use of the Purchasers' personal data for the purpose of personalized offers of the Provider's contractual partners will always be carried out in accordance with applicable legal regulations and based on the Purchaser's consent, if required.

8.6. The Acquirer undertakes to comply with the obligations set out in Article 10 of the Personal Data Processing Principles of the Provider.

9. Confidentiality (Confidentiality)

9.1. The contracting parties undertake to maintain confidentiality regarding all facts constituting a contractual secret or otherwise designated as confidential that they learn from each other during the performance of the License Agreement. In particular, they undertake not to disclose or make available any such information to a third party and not to use it for any purpose other than for the performance of this Agreement, unless the other contracting party has given its prior written consent.

9.2. The obligation of confidentiality also applies to all other facts concerning the other contracting party, their contractual partners and clients, if their disclosure to third parties could in any way adversely affect the legitimate interests or good name of this contracting party.

9.3. By providing any information subject to contractual secrecy or marked as confidential, the other party shall not have any right to further use such information outside the scope of the contract, nor shall it have any right to any license, use of know-how, trademark, patent or other intellectual property right, unless expressly agreed. A breach of the confidentiality obligation under this article may give rise to an obligation to compensate the other party for the damage incurred and may be considered a material breach of the License Agreement.

10. Obligations of the Acquirer

10.1. Technical requirements. The Purchaser is obliged to use the Online Application in accordance with its documentation and technical requirements set by the Provider set out in the Technical Conditions. The Purchaser shall ensure that its device meets the minimum technical requirements for the operation of the Online Application and that it has an Internet connection adequate to the needs of the Online Application. The Provider is not liable for any limitation or malfunction of the service caused by the Purchaser's failure to meet these requirements or by third parties.

10.2. Registration data. The Acquirer (or the person acting on behalf of the Acquirer when concluding the License Agreement (registration)) undertakes to provide true, accurate and up-to-date data during registration and in the Acquirer's account. The Acquirer is obliged to keep its data (invoicing data, contact e-mail, telephone, etc.) up-to-date throughout the duration of the contract and to immediately correct any changes in the system or notify the Provider. The Acquirer is responsible and assumes liability for damages and complications caused by providing incorrect or out-of-date data (e.g. failure to deliver a payment request, disabling access to the account, etc.).

10.3. Accounts and access of the Acquirer. Access to the Online Application is secured by a name and password (or other authorization elements). The Acquirer is responsible for the confidentiality and protection of his/her access data. It is prohibited to share one account with more than one person. The Acquirer is obliged to prevent unauthorized persons from accessing the application and to immediately inform the Provider
of any suspicion of misuse of login data or unauthorized access. The Acquirer is responsible for all legal actions carried out through his/her account(s).

10.4. How to use the application. The Purchaser undertakes to use the Online Application only in accordance with applicable legal regulations, in the best of intentions and in accordance with good morals. The Purchaser may not store or distribute content through the application that is illegal, objectionable, violates the rights of third parties or contradicts the legitimate interests of the Provider. In particular, it is prohibited to enter into the system any data the collection or processing of which by the Purchaser would be
in violation of the GDPR or other legal regulations (e.g. particularly sensitive personal data without a legal reason). The Purchaser acknowledges that he is fully responsible for the content and data he enters into the system and for the possible consequences of such action.

10.5. Cooperation and synergy. The Acquirer undertakes to provide the Provider with the necessary cooperation in the performance of the contract. In particular, the Acquirer is obliged to cooperate to a reasonable extent in diagnosing and eliminating any defects in the service (e.g. provide a description of the problem, enable remote access to the system for service intervention, etc.). If the Acquirer fails to provide the necessary cooperation or otherwise makes it difficult or impossible for the Provider to fulfill its obligations (e.g. blocks access, withholds important information), this is considered a breach of the Acquirer's obligations and the Provider is not liable for any delay or failure to eliminate the defect arising from this reason.

1. 6. Liability for damage and sanctions of the Acquirer. The Acquirer is liable to the Provider and third parties for damage caused by breach of its obligations or misuse of the service. In the event of breach of the obligations of the Acquirer arising from these Contractual Terms and Conditions (except for delay in payment of a monetary debt), the Acquirer is obliged to pay a contractual penalty of CZK 15,000 for each individual breach of the Acquirer's contractual obligation. Neither the contractual penalty nor its payment excludes the Provider's claim to compensation for the damage caused in full.

11. Obligations of the Provider

11.1. Making the service available. The Provider shall provide the Purchaser with access to the ordered functionality of the Online Application for the entire duration of the valid License, to the extent and under the terms and conditions of these Terms and Conditions. The Provider shall be responsible for ensuring that the Online Application will be available at the agreed time and will perform the agreed functions, with the exceptions specified in these Terms and Conditions or in the Technical Terms and Conditions (e.g. planned maintenance, force majeure, etc.).

11.2. Maintenance and operating hours. The Provider will make reasonable efforts to ensure that the Online Application is available 24 hours a day, 7 days a week. The Purchaser acknowledges that planned system downtimes may occur due to maintenance or updates, or unplanned outages caused by technical failures. The Provider undertakes to carry out planned technical downtimes outside normal working hours and to a reasonable extent, if possible, and to inform the Purchaser in advance (e.g. by notification in the application or by e-mail). Short-term restrictions on the availability of the service
for these reasons do not constitute a breach of the Provider's obligations. The Provider is not liable for the unavailability of the service caused by circumstances beyond its sphere of influence.

11.3. Security and backups. The Provider ensures appropriate technical and organizational measures to protect data stored in the Online Application from unauthorized access or loss (communication encryption, data backup, etc.). Data is regularly backed up in case of technical incidents. In the event of a data breach, the Provider will inform the Acquirer without undue delay. Nevertheless, the Provider recommends that the Acquirer maintain its own backup copies of key data in case of unforeseen events and because this data is deleted if the Acquirer's account becomes inaccessible.

1. 4. Cloud operation. The Purchaser acknowledges that the Stavario Online Application is operated as a cloud service - the Provider hosts the application on remote servers and the Purchaser accesses it via the Internet. The servers on which the application is operated are located primarily in the Czech Republic or within the European Union - the Provider is not authorized to transfer the Purchaser's data to countries outside the EU without the Purchaser's consent, except in cases where the conditions of the GDPR are met (adequate protection when transferred to a third country). During the period of validity of these terms and conditions, the Provider uses third-party infrastructure for hosting, and the data storage is located in a professional data center with the necessary security as detailed in the Provider's Technical Terms and Conditions technical terms and conditions .
2. 5. Subcontractors. The Provider is entitled to involve third parties in the provision of the service as subcontractors, in particular providers of server hosting, cloud storage, e-mail
   and SMS services, payment gateways, etc. These entities may have access to personal data processed within the service as so-called other processors within the meaning of Article 28 of the GDPR. The Provider is always responsible for ensuring that the subcontractor complies with the same data protection and confidentiality obligations as those set out in the License Agreement as amended by this Agreement. The list of the Provider's main subcontractors (in particular the hosting provider) may be provided in the Technical Conditions or communicated to the Purchaser upon request.

11.6. The Provider will inform the Acquirer about the intended involvement of a new significant subcontractor for the processing of personal data, which could have an impact on the Acquirer's data protection. It will do so in advance, via e-mail or by notification in the application, so that the Acquirer has the opportunity to raise any objections. If the Acquirer, for justified reasons (e.g. failure to meet data protection standards), does not agree with the new subcontractor and the Provider nevertheless insists on its involvement, the Acquirer has the right to terminate the contract (by withdrawing from the contract) as of the day preceding the planned involvement of such subcontractor. If the Acquirer does not express its disagreement within 14 days of the notification, it is deemed that it agrees with the involvement of the subcontractor.

11.7. Third-party operational cooperation . Some functions of the Online Application may be integrated with third-party services or dependent on these services (e.g. integration with map data, translators, APIs of other software). The Purchaser acknowledges that the use of such integrated functions may also be governed by the terms and conditions of the third party and that the Provider does not have direct control over the availability or quality of these external services. The Provider is not responsible for any limitations in the functionality of integrations caused by changes or outages on the part of third-party providers.

11.8. Hosting costs. The costs of regular operation and hosting of the application are included in the price of the License. The Provider does not charge any separate fees for data traffic or storage space
within the scope of the usual use of the service. If the Acquirer requests a non-standard increase in capacity (e.g. significantly above-average data volume), the parties may agree on individual conditions (switching to a higher tariff, additional fee, etc.).

12. Termination of the contract

12.1. The License Agreement is concluded for a fixed period according to the agreed License Period when concluding the License Agreement by registering for the Online Application. Termination of the License Agreement by the Acquirer during the current license period does not affect the duration of the license - the agreement
(and thus the license) will end at the earliest on the date of expiration of this period. The Acquirer is therefore not entitled to terminate the agreement with effect before the end of the agreed license period (except for withdrawal from the agreement for reasons stipulated by law or the agreement). The Acquirer is not entitled to a refund of the proportional part of the prepaid license price in the event of early termination of the agreement or non-use of the Online Application by the Acquirer.

12.2. The Parties may terminate or withdraw from the License Agreement only in cases specified in the Contractual Terms and Conditions or in cases specified by generally binding legal regulations. The Provider is entitled to withdraw from the License Agreement with immediate effect if the Acquirer violates its obligations arising from the License Agreement or these Contractual Terms and Conditions in a particularly serious manner. A particularly serious violation is considered to be, in particular, a violation of the license agreements pursuant to Article 3.5, a delay by the Acquirer in paying the price for more than 60 days, or a violation of the confidentiality obligation pursuant to Article 9. The Provider is further entitled to withdraw from the Agreement if the Acquirer enters into liquidation or insolvency proceedings are initiated against it.

12.3. After the expiration of the license (i.e. after the expiration of the period for which it was agreed, without its extension), the Acquirer is not entitled to continue using the Online Application and the Provider is entitled to block the Acquirer's access to the application. The Acquirer is not entitled to export data stored in the Online Application to other software, as such export would require intervention in the source code of the Online Application. Data stored by the Acquirer in the Online Application will be retained for a period of 30 days from the termination of the contract for the possibility of their request by the Acquirer.
Within this period, the Acquirer has the right to request the Provider for a one-time export of its data in electronic form. In such a case, the Acquirer is obliged to pay the Acquirer a one-time fee for the export of this data in the amount of CZK 50,000 excluding VAT before the Provider provides the data. After payment of this amount, the Provider will provide cooperation and transfer the data (if it can do so without violating legal obligations or rights of third parties). If the Purchaser does not request export, the data may be irretrievably deleted from the database 30 days after the termination of the contract. Backup copies and archives will be deleted or anonymized by the Provider no later than 6 months, unless their further retention is required by law. However, the Purchaser has the option to use the available application functions to create their own backup copies of their data (e.g. by generating relevant documents or reports) during the term of the license. The Purchaser acknowledges that standard data export to a format for import into another system may not be technically possible without providing the Stavario application source code (which the Provider does not provide). However, the Purchaser has the option to obtain most of their data before the termination of the contract via the application's built-in functions (e.g. exporting reports to XLS/PDF format, etc.). Using the API interface or an individual agreement, broader data export can also be enabled, if technically feasible - such a service will be charged by the Provider based on an individual agreement; without an agreement on the price of such a service and its payment by the Acquirer before starting work on data export, such export will not take place.

 After canceling the account, the Purchaser no longer has access to the application or to its stored data (except for the above-mentioned option of a one-time export on request and after payment). The Purchaser is therefore obliged to save or back up all the data it needs from the application before terminating the contract. The Provider is not liable for any loss of data that occurs as a result of the proper procedure for terminating and destroying data under this contract. Termination of the contract does not affect the Purchaser's obligation to pay all outstanding payments or the provisions of these Terms and Conditions that, according to the expressed will of the parties or due to their nature, are to continue after the termination of the contract (e.g. Article 9 – Confidentiality).

12.4. Withdrawal from the License Agreement by any of the parties (whether by the Provider or the Acquirer) does not extinguish the Provider's right to pay the Acquirer's debt, contractual fines or compensation for damages, if the right to them arose under this agreement or the law before withdrawal. Withdrawal cancels the agreement ex nunc (in the future). The Acquirer acknowledges that withdrawal does not give rise to the right to refund of already paid license fees or their part. The provisions of this article shall apply analogously to termination of the agreement.

13. Final provisions

13.1. The contract and the relationship arising from these Terms and Conditions are governed by the law of the Czech Republic. All legal relationships not regulated herein are governed in particular by Act No. 89/2012 Coll., the Civil Code and related regulations. The Czech language is decisive for communication and interpretation of the contract. Any translations of these Terms and Conditions or the contract into a foreign language are for informational purposes only - the Czech version is binding. The contracting parties undertake to make every effort to resolve any disputes arising from the contract amicably. If no agreement is reached, the courts of the Czech Republic shall have jurisdiction to resolve disputes arising from the License Agreement; the contracting parties have agreed that the general court of the Provider is the court with substantive and territorial jurisdiction.

13.2. If any provision of the License Agreement, these Terms and Conditions or the Technical Conditions is found to be invalid, ineffective or unenforceable, the remaining provisions shall remain valid and effective. In such a case, the Parties undertake to replace the invalid or unenforceable provision with a new one that corresponds as closely as possible to the original purpose and economic meaning of the replaced provision.

13.3. Unregulated issues are governed by the Civil Code and other legal regulations of the Czech Republic. These Terms and Conditions take precedence over any purchase conditions or other contractual conditions of the Purchaser.

13.4. The Provider is entitled to unilaterally change these Terms and Conditions to a reasonable extent, in particular due to changes in legal regulations, technical circumstances or expansion of the services provided. The Provider shall notify the Purchaser of the change in the Terms and Conditions in advance by publishing a new version on its website and at the same time sending a notification to the Purchaser's contact e-mail. The Purchaser has the right to reject the changes and terminate the License Agreement for this reason within a notice period of 1 month; if the Purchaser does not reject (terminate) the agreement within 1 month of the notification of the change, it is considered that he has accepted the change in the Terms and Conditions.

13.5. These Terms and Conditions represent the entire agreement of the parties regarding the subject matter of the License Agreement.

13.6. The parties expressly confirm that they have read in detail the content of these Terms and Conditions, which constitute the terms of the license agreement, understand them and have no objections to them.

13.7. These Terms and Conditions, Technical Conditions, Privacy Policy and the Provider's Price List constitute the entire agreement between the Provider and the Acquirer on the subject matter of the contract and replace all previous agreements and communications between the parties on this matter. Any changes or amendments to the contract must be made in writing to be valid (the parties also consider electronic means that enable the content to be captured
and the person acting to be in writing). The Acquirer is not entitled to assign or transfer its rights and obligations under the contract to a third party without the Provider's consent. The Provider may assign the contract to its legal successor or a company within its business group that will take over the provision of the service. The Acquirer will be informed of such assignment in a timely manner.