Public Terms and Conditions for Automation Development and Management

The mutual rights and obligations of the Client and the Provider arising from the use of Automation are governed by the following terms and conditions:

1. Definition

   1. In the following terms and conditions:
      1. “Automation“means a pre-prepared software solution that automatically handles tasks or transfers data between the Client's Internet applications.
      2. “Client“means any legal or natural person other than the Provider who uses Automation.
      3. “Installation” is the setting of Automation in such a way that it works in the manner defined in the Menu and with the Client tools.
      4. “License“means a non-exclusive and territorially unlimited license to use Automation under the conditions set forth in these Terms and Conditions and the Offer.
      5. “Offer” is a document describing the desired behavior, outputs, quantity, price, and scope of automation.
      6. “Reward” is the financial performance to the Provider for the Installation, Licensing and operation of Automation and its amount and conditions are stated in the Offer.
      7. “Provider“is Ninjabot s.r.o., ID: 06069185, with its registered office at Slavíkova 1571/6, Prague, 130 00.
      8. “Covenant“means the contract concluded between the Client and the Provider, the subject of which is the provision of the License to use Automation to the Client under the conditions specified in these Terms and Conditions and the Offer.
      9. “Technical Support” means repair and development Automation, service and technical support during operation Automation monitoring Automation.
      10. “Multitasking” means the development of changes and corrections by Automation after their first provision to the Client or beyond the scope of the Offer.
      11. “VOP“means these General Terms and Conditions.

2. Conclusion of a contract for the use of Automation

   1. The contract can be concluded:
      1. through an Offer or a contract in which it is stipulated that these GTC are part of it.
      2. using the Provider's website. The display of the button entitled “Order Automation” on the Provider's website is a proposal for the conclusion of the Contract by the Provider. The Client's click on the “Order Automation” button constitutes the unreserved acceptance of the proposal to conclude the Contract by the Client and this act concludes the Agreement. By clicking on the button in accordance with 2.1.2., the Client also expresses his consent to these GTC and the Provider undertakes to inform the Client about this on his website.
   2. Upon conclusion of the Agreement, the following provisions of these GTC enter into force.

3. Use of Automation

   1. The Provider grants the Client a License to use Automation to the extent and under the conditions specified in the Offer.
   2. The Provider has the right to provide the performance of the Agreement (e.g. to make available a given part or functionality of Automation) only at the moment when the Reward is paid, and if the Client does not pay the full remuneration for the License within the period specified by the Provider, otherwise immediately, the Agreement is canceled without further notice from the beginning.
   3. The Client does not have the right to grant a third party a sublicense to use the Automation.
   4. The Provider has the right to disable, modify and/or disable the Automation or any part of it at any time, in particular due to technical maintenance or unavailability of third-party applications.
   5. The Client has the right to use Automation under the terms of the Agreement and Offer.
   6. Additional third-party products necessary for the operation of Automation, the Client is obliged to pay for and transmit access data to the Provider before the start of the Automation installation.
   7. The Client undertakes to act in such a way that he or the Provider does not incur any harm when using the Automation.

4. Operation Automation

   1. If the Offer is offered, the Provider undertakes to provide Technical Support for the Client.
   2. The Client is obliged to report to the Provider the requirements for the provision of Technical Support in one of the following ways:
      1. by e-mail to the e-mail address support@ninjabot.cz;
      2. through the Create a new request in the information system function www.ninjabot.cz/support;
      3. by phone number +420 601 528 852

5. Terms of payment

   1. The Client undertakes to pay the Provider a Reward for the granting of the License and the operation of the Automation.
   2. The Client undertakes to pay the Provider a price according to the current price list of the Provider for every one man-hour of Multiwork started. Multitasking will be billed and payable separately from the Reward so that they are due on the 14th day of the month following the month for which the Multi-Work is paid.
   3. All financial transactions made through the Provider's website or payment gateway linked to this website shall be deemed to have been paid by crediting the entire relevant amount to the relevant bank account of the Provider.

6. User Data

   1. The Client hereby agrees that the Provider may have access to information such as data about customers, projects, files, folders, etc. available in applications with which Automation works.
   2. The Client hereby grants a free, time-limited and territorial license for the use, copying, modification and distribution of its data for the functionality of Automation. Data ownership is not affected by this.
   3. The Provider is not responsible for the content of the data processed by Automation or for infringement of rights by third party applications.
   4. The Contracting Parties are aware, jointly declare and make it indisputable that Automation complies with the conditions of Section 562 (2) of the Civil Code, that is, that the data records in the Automation and its database as an electronic system are reliable and are carried out systematically and sequentially and are protected against changes.

7. Liability for damage

   1. The provisions of this Article of the GTC shall not apply to consumers.
   2. The Client hereby expressly waives the right to compensation from the Provider unintentionally or not due to gross negligence caused by the Provider in violation of any obligation of the Provider specified in the Agreement in connection with the performance of the Contract or in these GTC.
   3. Neither party shall be liable for damages and breach of contract resulting from a change in law, decision or action of an administrative authority, an act of war, attack, strike, blockade, lockout or other circumstances beyond the control of the party violating the contract.

8. Protection of personal data

   1. The Provider is legally obliged to protect and secure the personal data provided. Therefore, the provider uses various effective security technologies to protect personal data from unauthorized disclosure or use.
   2. For more detailed information on the protection of personal data, please refer to the Privacy Policy here: www.ninjabot.cz/protection-osobnich-udaju

9. Applicable law

   1. These GTC, as well as the Agreement, are governed by the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code, as amended.
   2. Any disputes arising under the Agreement and/or these GTC shall be decided by the competent courts of the Czech Republic.

10. Efficiency

    1. These GTC shall enter into force and effect on 17 April 2023.