TERMS
& CONDITIONS
(hereinafter the "Terms and Conditions")
of Imper CZ s.r.o., ID No.: 28547888, with its registered office at Nadrazni 762/32, Smichov, 150 00 Prague 5, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 149457 (hereinafter the "Operator"), governing the operation of the Saleskit.com platform intended for obtaining and managing data on business entities, operated by the Operator (hereinafter the "Platform"), and its use by the Operator's customers (hereinafter the "Customer").
1.1. These Terms and Conditions, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"),govern the mutual rights and obligations of the Operator and Customers arising in connection with or on the basis of a contract concluded between the Operator and the Customer,under which the Operator enables the Customer to use the Platform (the "Agreement"). The provisions of the Terms and Conditions form an integral part of the Agreement from the moment it is concluded.
1.2. Provisions deviating from the Terms and Conditions may be agreed only in writing. Such deviating provisions are part of the Agreement and take precedence over these Terms and Conditions.
1.3. These Terms and Conditions apply to the use of the Platform only by natural or legal persons who, when concluding the Agreement and using the Platform,act within the scope of their business activity or within their independent exercise of a profession (i.e., as entrepreneurs). The Platform is not intended for consumers (natural persons).
2.1. The Platform is available from the Operator's website at app.saleskit.com (the "Operator's Web"). More about the Platform is also available at www.saleskit.com.
2.2. The Platform contains two core modules (i) the module specified in Article 3 of these Terms and Conditions for searching data about business entities (the "Merk"),and (ii) the module specified in Article 4 of these Terms and Conditions for obtaining data about website visitors (Leady); together, the "Modules"). The Customer will have the Modules enabled in their user account according to their selection.
2.3. The Platform may be used exclusively after prior registration of the Customer pursuant to Article 5 of these Terms and Conditions and exclusively via the Customer's user account under the conditions set out herein.Upon registration, the selected Modules will be made available to the Customer.
2.4. Any use of the Platform's features by the Customer is the Customer's responsibility.
2.5. The Operator undertakes to use reasonable efforts to keep the Platform available and functional. The Customer acknowledges that despite such efforts the Platform may not always be fully available, in particular due to necessary maintenance of hardware and software of the Operator or third parties. The Operator shall not be liable for any harm arising to the Customer due to unavailability or malfunction of the Platform.
2.6. The Operator may, at any time and without prior notice, make changes to the content and functions of the Platform. Such changes occur automatically and these Terms and Conditions apply to the updated Platform as well. The Customer is not entitled to reject changes, as the Platform is provided "as is". However, the Customer may terminate the use of the Platform in accordance with these Terms and Conditions.
3.1. The Merk Module is available in a "platform as a service" mode and the Customer does not receive any copy of the Module. The Customer may access the Module only by remote access to the Platform.
3.2. The Merk Module is an automated tool which, based on the Customer's instructions, searches data on business entities available from external sources and enables the Customer to further manage and analyze such data via the Merk Module.
4.1. The Leady Module includes:
- 4.1.1. a user interface available in a "software as a service" mode on the Operator's Web (the "Leady User Interface");
and
- 4.1.2. source code intended to be placed on the Customer's website (the "Customer's Website") to ensure the collection of data about visitors on the Customer's Website (the "Code").
4.2. After the Customer's registration, the Leady Module will be made available via the Leady User Interface. The Customer is responsible for placing the Code on the Customer's Website; the Operator does not provide this implementation.
4.3. The Leady Module is an automated tool that enables the Customer to obtain data on visitors to the Customer's Website and on their use of the Customer's Website (in particular the visitor's IP address and other data on movement on the Customer's Website).The Leady Module identifies exclusively visitors that are legal entities; it automatically determines, using an appropriate algorithm, which legal entity is likely using the given IP address from which the visitor accesses the Customer's Website.The Leady Module does not identify specific natural persons accessing the Customer's Website. The Leady Module further enables the Customer, upon request, to obtain typically the following data about the legal entity visiting the Customer's Website:
- 4.3.1. business name, legal form, registered office address, date of incorporation and termination, mode of termination, status of the entity;
- 4.3.2. the entity's website;
- 4.3.3. the entity's turnover and number of employees;
- 4.3.4. names and surnames of members of the entity's statutory body;
- 4.3.5. the entity's contact details (telephone number, e-mail address).
4.4. The Leady Module further allows the Customer to display in the Leady User Interface information about the given legal entity available from public sources (by displaying them directly from such sources) together with information on the visitor's movement on the Customer's Website. The Leady Module enables the Customer to further manage and analyze all data obtained in this way.
4.5. The Leady Module determines the identity of a visitors ”the legal entity” with a high probability. However, the Operator does not guarantee the correctness, timeliness, or completeness of information about the identity of the visitor to the Customer's Website or other related data determined automatically by the Leady Module.
4.6. The Operator may make a new version of the Code available to the Customer at any time. The Customer is obliged to place such new version of the Code on the Customer's Website without undue delay,no later than within the period specified by the Operator. Otherwise, the Customer acknowledges that the Code may not function, the Customer shall not have any claims for defective performance in this respect,and the Operator shall not be obliged to compensate the Customer for any damage or other harm arising in connection with the use of an outdated version of the Code.
4.7. The Customer may place the Code only on the Customer's Website expressly specified in the Agreement (identified by the domain name from which the Customer's Website is available, as provided during registration under Article 5 of these Terms and Conditions), unless the Agreement provides otherwise.
5.1. The Agreement is concluded on the basis of the Customer's registration pursuant to this Article of the Terms and Conditions ("Registration").
5.2. The Customer carries out the Registration via the electronic form available on the Operator's Web. For this purpose, the Customer must fill in all data required by the electronic form as mandatory and select the Modules of interest. The Customer must provide only correct, complete, and up-to-date data.
5.3. If Registration is carried out on behalf of the Customer by another person (typically where the Customer is a legal entity), such person must be authorized to do so - ”i.e., must be legally competent and authorized to conclude the Agreement for the Customer (the "Authorized Person").By submitting the completed registration form, the Authorized Person confirms that they hold all necessary authorizations to act for the Customer. The Authorized Person is not a party to the Agreement; the Customer is always the contracting party.
5.4. By submitting the registration form, the Customer confirms that they have acquainted themselves with these Terms and Conditions and agree to their contents. The Customer also confirms that they have taken note of the Information on the Processing of Personal Data, available inter alia on the Operator's Web.
5.5. After submitting the Registration form to the Operator, the Customer must verify their e-mail address as instructed by the Operator. The Agreement is concluded at the moment the Customer's e-mail address is verified.
6.1. Based on the conclusion of the Agreement, the Operator will create a user account for the Customer through which the Customer will be able to access the Platform and use its functionalities (the "Account").
6.2. An Account always belongs to a single Customer-entrepreneur (a natural or legal person) with its own ID number (or similar identifier abroad). The Customer may hold only one Account.
6.3. The Customer is responsible for the accuracy and truthfulness of all data stated in the Account. In case of any changes, the Customer must update the data without undue delay.The Operator is not liable for any damage arising where the Customer inputs incorrect or inaccurate data into the Account or breaches the duty to update Account data under this paragraph.
6.4. Access to the Account requires entering the Customer's login credentials correctly. The Customer must protect their credentials and prevent any third or unauthorized person from accessing them (Authorized Persons are not considered third persons).The Customer is liable for damage arising from insufficient protection of their credentials. If the Customer suspects that the credentials have been disclosed or misused, the Customer must change them without undue delay.
6.5. Within the Account, the Customer may create Users - subaccounts for the Customer's employees or other persons who access the Platform to perform activities for and on behalf of the Customer.The Operator may limit the maximum number of Users. Use of the Platform by Users is still deemed use of the Platform by the Customer.
6.6. The Customer bears full responsibility for activities carried out on its Account, regardless of whether such activity is performed by the Customer, Users, other persons authorized by the Customer, or any third party.
6.7. The Customer may not enable access to the Platform to third parties who do not use the Platform to fulfill their obligations towards the Customer for and on behalf of the Customer.In case of breach of this duty, the Operator may claim a contractual penalty of CZK 250,000 (in words: two hundred and fifty thousand Czech crowns).
6.8. The Operator is not liable for harm arising to the Customer as a result of unauthorized access to the Account by a third party due to the Customer's failure to comply with these Terms and Conditions.
7.1. After the Agreement is concluded, the Platform is made available to the Customer for a limited period free of charge for the purpose of testing the Platform's features ("Free Access").Free Access is provided for 7 (seven) days from the date of conclusion of the Agreement. The Operator may, at its discretion, extend Free Access, in particular upon the Customer's e-mail or telephone request, repeatedly as well; however, the Customer has no legal right to such extension.
7.2. The Customer acknowledges that not all features of the Platform may be available without limitation during Free Access.
7.3. Each Customer is entitled to set up Free Access without subsequent Paid Access only once.
7.4. If the Customer does not transition to Paid Access under these Terms and Conditions at the latest on the last day of Free Access, the Agreement terminates automatically and the Customer loses the ability to use the Platform.
8.1. The Customer obtains Paid Access to the Platform by extending the Agreement that granted Free Access. The Agreement is extended based on mutual approval of an Order (see 8.2) by both the Operator and the Customer.
8.2. The Operator will contact the Customer during Free Access, or upon the Customer's request, with a written offer to extend the Agreement for Paid Access (the "Order").The Order specifies in particular the duration of Paid Access and the price, and possibly other conditions. The Operator may issue the Order:
- 8.2.1. by e-mail to the Customer's contact e-mail stated in the Account,
- 8.2.2. in paper form to the Customer's correspondence address stated in the Account, or
- 8.2.3. via the Platform interface.
8.3. Unless the Order states otherwise, the Agreement is extended for Paid Access at the moment the Customer delivers to the Operator a confirmation (acceptance) of the Order, in the same way the Order was sent to the Customer(i.e., by e-mail to the Operator's e-mail, especially the one from which the Order was sent or another contact; in paper form to the Operator's correspondence address; or by expressing consent within the Platform interface).
8.4. Acceptance containing changes, additions, deviations, or reservations, even if not material, is not an acceptance; the Parties must explicitly agree in writing on the Agreement's conditions.The Operator reserves the right to interrupt or terminate negotiations on the offer at any time; Sections 1729 and 1740(3) of the Civil Code shall not apply.
8.5. Sections 5.3 and 5.4 of these Terms and Conditions apply mutatis mutandis to the extension of the Agreement for Paid Access.
8.6. If the Customer extends the Agreement for Paid Access, the Operator will, without undue delay but no later than within 3 (three) business days, enable the Customer to use the Platform within Paid Access in line with the Agreement's specific terms (the "Service Commencement Date").
9.1. During Free Access, the Operator enables the Customer to use the Platform free of charge.
9.2. Under Paid Access, the Operator enables the use of the Platform for a fee; the price for using the Platform will always be agreed in the Agreement based on the Order (the "Price").
9.3. The Order includes the Parties' agreement on the duration of Paid Access, the amount of the Price, specification of the billing period, invoicing frequency, due dates, the billing e-mail address to which invoices and related communication will be sent,and possibly a free period during which Paid Access is provided free of charge by the Operator's decision. Unless the Order states otherwise, the Price is payable in advance for the billing period; the billing period is one year;the invoicing frequency is annual; and invoices are due 14 days from their issue date.
9.4. Following the extension of the Agreement for Paid Access, the Operator will issue to the Customer within 10 days of acceptance of the Order a pro‑forma invoice or an invoice – tax document containing all legal requisites.
9.5. In case of the Customer's delay in paying the Price or any part thereof, the Operator may:
- 9.5.1. suspend the Customer's access to the Platform or its features until full settlement of the Customer's debt; and/or
- 9.5.2. claim a contractual penalty of 0.05% of the outstanding amount per each day (or part thereof) of delay.
9.6. Prices are stated excluding value added tax. Value added tax will be added to the Price at the statutory rate.
9.7. All payments by the Customer under the Agreement shall be made cashlessly to the Operator's bank account stated on the relevant invoice. A payment is deemed made on the date the amount is credited to the Operator's bank account.
9.8. The Customer bears the costs of ensuring access to the Platform (in particular internet connection fees).
9.9. The Operator may adjust the Price by the percentage growth of the annual consumer price index in the Czech Republic announced by the Czech Statistical Office for the preceding calendar year.The base for such increase is the current Price. The Operator will notify the Customer in writing of the new Price as part of the call for payment for the next period; the increase takes effect by such notice.
9.10. Suspension of access to the Platform under these Terms and Conditions does not affect the Customer's obligation to pay the Price for the period during which access is suspended.
10.1. The Customer undertakes to use the Platform, all its components, and all data obtained through the Platform solely in accordance with these Terms and Conditions. The Customer may not use the Platform or its content for any purposes or in any manner other than as set out herein.In particular, the Customer undertakes that they:
- 10.1.1. will not, when using the Platform, infringe the rights of third parties or the Operator, and will not use the Platform, its content, components, or data obtained through it in an unlawful manner or for unlawful purposes; in particular, the Customer will not breach regulations on personal data protection and on commercial communications;
- 10.1.2. will not interfere with the Platform without authorization and will not attempt to gain access other than by the designated login credentials and through the proper interface;
- 10.1.3. will not use the Platform, its parts, or content without authorization, in particular will not reproduce, distribute, or communicate them to the public without authorization, nor modify the Platform or its parts in any way, nor decompile related source codes or documentation unless expressly authorized in writing by the Operator;
- 10.1.4. will not resell or otherwise provide to third parties, whether for consideration or free of charge, data and information obtained from the Platform;
- 10.1.5. will not use the Platform in a manner that could damage it (including interfering with the hardware on which the Platform runs);
- 10.1.6. will not conceal, mask, or falsify their identity.
10.2. In case of breach of any duty under 10.1, the Customer shall pay the Operator a contractual penalty of CZK 100,000 (one hundred thousand Czech crowns) for each individual breach. The right to full compensation for damage is unaffected. The penalty is due upon the Operator's notice within the stated period.
10.3. The Customer is prohibited, when using the Platform, from uploading to, obtaining through, processing, or disseminating via the Platform any content that infringes third‑party rights or is illegal for any reason, in particular content that:
- 10.3.1. infringes intellectual property rights (in particular trademarks, designs, trade names, copyright or related rights) or may constitute unfair competition;
- 10.3.2. is contrary to personal data protection regulations (e.g., where the Customer lacks a proper legal basis to process personal data via the Platform) or interferes with third‑party personality rights including privacy (e.g., contains false information about a third party);
- 10.3.3. is a commercial communication whose dissemination is not compliant with the Act on Certain Information Society Services or other applicable laws;
- 10.3.4. is otherwise contrary to law, public order, or good morals.
10.4. The Customer bears full responsibility for all content that they upload to the Platform and/or obtain through and further process via the Platform. The Operator does not control the Customer's content and is not obliged to do so.This is without prejudice to the Operator's option to suspend at any time the Customer's ability to upload further content to the Platform, or to suspend the display of content or the Customer's Account, or to delete Customer content that infringes laws, third‑party rights, or the Operator's rights,for the purpose of fulfilling the Operator's legal obligations (in particular where the Operator learns that Customer content infringes laws in any way). The Customer shall not have any claims against the Operator in this respect.
11.1. The Platform is a work within the meaning of Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendments to Certain Acts (the Copyright Act), as amended ("Copyright Act").Under the Agreement, the Operator grants the Customer the right to use the Platform (a license) in the form in which the Platform is available at any given time.The license is granted as non-exclusive, for the duration of the Agreement (but no longer than for the duration of property rights to the Platform), solely for the purpose of using the Platform in accordance with these Terms and Conditions and in the manner corresponding thereto.The license is granted for the territory of the Czech Republic and Slovakia.
11.2. The Customer may not grant a sub‑license to third parties, except for making the Platform available to Users in accordance with the Agreement. The Customer may not assign the license to a third party.
11.3. The license fee for the Platform is included in the Price.
11.4. The Customer may not interfere with or modify the Platform, combine it with another work, or include it in a collective work. The Customer may not create any reproductions of the Platform.The Customer may not upgrade, modify, or develop the Code in any way. The Customer may reproduce the Code solely for the purpose of placing it on the Customer's Website in accordance with these Terms and Conditions.
11.5. The Customer and the Operator exclude, with respect to the Platform, all statutory licenses or free uses in favor of the Customer that can be excluded by agreement.
11.6. If, in the course of the Operator's performance under the Agreement, any output protected under the Copyright Act or as another protected intangible asset is created, such output becomes part of the Platform and the conditions for use of the Platform apply to such output as well.
11.7. The Platform includes integrations with third-party services; the terms of use of such third-party services are governed by the terms of the respective third party.
12.1. If the Customer uploads to the Platform or otherwise provides or makes available to the Operator any protected intangible asset (e.g., a copyrighted work or artistic performance) (the "Customer Content"),by uploading or providing the Customer Content to the Operator, the Customer grants the Operator a non-exclusive license to use the Customer Content for the duration of the Agreement (but no longer than the duration of property rights in the Customer Content),worldwide and for the purpose of performing the Agreement and ensuring operation of the Platform, to the extent and by the means necessary for such purposes.The Operator may grant a sub-license to a third party. The Customer hereby also consents to the Operator assigning the license to a third party.The Customer grants the license to the Customer Content free of charge and has no claim to any remuneration in connection with granting the license or the Operator's use of the Customer Content.The Parties exclude any additional remuneration for granting the license to the Customer Content unless such exclusion is not permitted by law.Where necessary for the performance of the Agreement, the Operator may publish, alter, process, combine with other works, include in a collective work, or complete an unfinished Customer Content.
12.2. If the content provided by the Customer constitutes another type of protected intangible asset, the legal relations between the Customer and the Operator arising therefrom are governed primarily by the principles set out in this Article 12,in particular with respect to the Operator's right to use such content and any remuneration.
13.1. To the maximum extent permitted by Czech law, the Operator shall not be liable for any harm arising to the Customer in connection with operation of the Platform. In particular, the Operator is not obliged to compensate harm arising:13.1.1. due to the impossibility of using the Platform;
- 13.1.2. due to obtaining incorrect, outdated, or inaccurate data through the Platform;
- 13.1.3. due to the use of information and data obtained by the Platform;
- 13.1.4. due to changes to these Terms and Conditions;
- 13.1.5. due to loss, theft, disclosure, or misuse of the Customer's Account credentials;
- 13.1.6. due to use of the Platform in breach of these Terms and Conditions or the legal order;
- 13.1.7. due to use of the Platform that is inherently dangerous;
- 13.1.8. due to use of services or products provided by a third party;
- 13.1.9. due to circumstances beyond the Operator's control.
13.2. The Customer acknowledges that the Operator uses reasonable efforts to ensure the security of information transmitted within the Platform. However, the Operator is not liable for security breaches of the Platform and transmitted information that occur beyond the Operator's control despite such efforts.
13.3. The Customer undertakes to duly inform data subjects about the manner in which personal data are processed by the Operator via the Platform, to the extent and in the manner set out in the applicable legal regulations, in particular the GDPR and Act No. 110/2019 Coll., on Personal Data Processing.If the Customer uses any add-on services of the Operator that enable work with additional processors (e.g., newsletter senders), the Customer must inform data subjects accordingly.
13.4. The Platform is provided "as is". The Customer waives, to the extent permitted by Czech law, all rights arising from defective performance of the Operator in connection with the Platform.
13.5. The Customer must take appropriate measures to protect their data, in particular by creating machine-readable backups at intervals customary for this field, at least once per day.The Operator is not liable for loss of the Customer's data and their recovery where such loss could have been prevented by complying with this duty.
13.6. The Customer declares that they are entitled to exercise rights to the Customer Content at least to the extent necessary for proper performance hereof, and that the Operator will not be obliged to pay any person any additional remuneration (or settle another obligation) in connection with use of the Customer Content,and that no third-party rights will be infringed.
13.7. The Customer shall process within the Platform only personal data for which the Customer has a proper and legitimate legal basis, and shall ensure that such processing always complies with personal data protection laws.
13.8. If any of the Customer's representations proves to be untrue or inaccurate, or the Customer breaches a duty when using the Platform under these Terms and Conditions,the Customer shall, upon the Operator's request, compensate the Operator for all harm arising in connection with such untrue or inaccurate representation or breach (including costs of court or other proceedings) in the amount determined by the Operator.Other possible claims of the Operator under legal regulations remain unaffected.
13.9. The Customer shall, at their own expense, defend the Operator against all third‑party claims asserted against the Operator in connection with the infringement of their rights arising from the Customer's breach of duties or inaccurate representation under these Terms and Conditions.
14.1. The Customer may contact the Operator for installation or to resolve Platform functionality, in particular where the Platform or its features are unavailable. For this purpose, the Customer may use:
14.2. Telephone: (+420) 257 224 099
14.3. E-mail: info@saleskit.com
14.4. The Operator will inform the Customer of the outcome of the request via the channel used by the Customer to make contact.
15.1. The Operator informs how it processes personal data of Customers (or Authorized Persons) as a controller in the document "Information on the Processing of Personal Data" available on the Operator's Web in the Privacy Policy.
15.2. The Operator acts as a processor in relation to personal data that the Customer obtains, displays, and otherwise processes via the Platform. Therefore, in this Article, the Operator and the Customer agree on the following processing obligations of the Operator within the meaning of Article 28 GDPR.
15.3. The purpose of processing personal data by the Operator for the Customer is performance of the Agreement. Specifically, it involves processing to enable use of the Platform and its functions for the Merk Module, in particular searching and obtaining data on business entities from their sources and their subsequent management and analysis via the Platform; for the Leady Module, in particular collecting data on visitors to the Customer's Website, searching and obtaining data on the business entities to which the visitor belongs from public sources and their subsequent management and analysis via the Platform.The Operator may not process personal data that it processes as a processor for purposes other than those set by the Customer in the Agreement.
15.4. The Operator will process personal data for the period necessary to fulfill the Agreement and, unless instructed otherwise under 15.8.7, will delete all personal data processed for the Customer without undue delay after termination of performance, at the latest within 1 month.
15.5. The Operator will process, for the Customer, personal data of the following categories of data subjects in particular: personal data of persons about whom the Customer draws information from publicly available sources via the Platform, or personal data of visitors to the Customer's Website, in particular:
- 15.5.1. personal data of entrepreneurs within the territory selected by the Customer;
- 15.5.2. personal data of natural persons engaged with entrepreneurs within the territory selected by the Customer, including those whose engagement has ended, including employees and other collaborators of such entrepreneurs and other natural persons connected with them;
- 15.5.3. personal data of natural persons-members of statutory bodies of legal entities about whom the Customer obtains information in connection with their visit to the Customer's Website;
- 15.5.4. personal data of members of bodies, employees, or other collaborators of legal entities about whom the Customer obtains information in connection with their visit to the Customer's Website.
15.6. The Operator will process, for the Customer, in particular the following types of personal data:15.6.1. identification and contact data;
- 15.6.2. data on the data subjects' business (business activity, data on the entrepreneur's establishment, financial results, subsidies, etc.);
- 15.6.3. data on the data subjects' engagement in legal entities or other links to other entrepreneurs;
- 15.6.4. other possible data ascertained by the Customer and obtained via the Platform.
15.7. Sensitive data will not be processed.
15.8. When processing personal data for the Customer, the Operator undertakes to:
- 15.8.1. process personal data only on the basis of documented instructions from the Customer, including with respect to transfers to a third country or international organization;
- 15.8.2. ensure that persons authorized to process personal data have committed to confidentiality or are subject to a statutory duty of confidentiality;
- 15.8.3. take all technical and organizational measures to ensure a level of security appropriate to the risk, at least as required by Article 32 GDPR;
- 15.8.4. comply with conditions for engaging another processor (in particular Article 28(2) and (4) GDPR, including the Customer's prior consent to such engagement);
- 15.8.5. considering the nature of processing, assist the Customer through appropriate technical and organizational measures, where possible, in fulfilling the Customer's obligation to respond to data subject rights requests under Articles 12-23 GDPR, or requests of a person for whom the Customer is a processor;
- 15.8.6. assist the Customer in ensuring compliance with obligations under Articles 32-36 GDPR (in particular data security, breach notifications, etc.);
- 15.8.7. in accordance with the Customer's decision, either delete or return all personal data to the Customer after termination of performance of the Agreement, and delete existing copies unless otherwise required by law. In case of termination of the Agreement, the Operator shall proceed under 15.4;
- 15.8.8. provide the Customer with all information necessary to demonstrate compliance with this Article and allow for and contribute to audits, including inspections, carried out by the Customer or another auditor mandated by the Customer;
- 15.8.9. notify the Customer of any personal data breach without undue delay after becoming aware of it, also so that the Customer can properly and timely fulfill obligations under Articles 33 or 34 GDPR;
- 15.8.10. promptly inform the Customer if, in the Operator's opinion, the Customer's instruction infringes data protection law.
15.9. The Customer grants the Operator express consent to engage further processors (sub-processors) in processing personal data under the Agreement. For certain processors, the Operator may request an additional express consent via the Platform or website.The Operator will inform the Customer sufficiently in advance about the intended engagement or changes of sub-processors. If the Customer does not expressly object within 5 (five) business days, the Customer is deemed to consent.
15.10. The Customer hereby consents to engaging the following sub-processors:
- Pipedrive - Pipedrive OU, Estonia
- Master Internet s.r.o.
- PostHog, Inc.
- Intercom, Inc.
- Google Analytics
- Google LLC, USA
- Amazon Web Services,
- Ecomail.cz s.r.o.
- Intuit Mailchimp
- SmartSelling a.s.
15.11. The Operator will process personal data automatically within the Platform.
16.1. The Customer is aware that, in the performance of the Agreement, the Operator may provide information deemed confidential. Confidential information includes, in particular, all information that is or could be part of the Operator's trade secret,such as information on principles and functioning of the Platform, the Code, data obtained through the Platform, information on business and marketing procedures and strategies, know-how, contracts with third parties, business partners, employees and internal matters,information on individually agreed terms of the Agreement and its performance, as well as any other information the disclosure of which could cause harm to the Operator ("Confidential Information").
16.2. All Confidential Information remains the exclusive property of the Operator and the Customer shall use the same efforts to preserve its confidentiality and protect it as if it were the Customer's own Confidential Information.Except to the extent necessary for cooperation in performance of the Agreement, the Customer undertakes not to reproduce Confidential Information in any manner, and not to disclose it to any third party or to their own employees and representatives,except those who need to be familiar with it to perform the Agreement. The Customer also undertakes not to use the Confidential Information for any purpose other than performance of the Agreement.
16.3. This Article survives termination of the Agreement for any reason and remains in effect for 10 years after termination.
17.1. The Agreement is primarily concluded for the period of Free Access. If the Customer extends the Agreement to Paid Access no later than 1 (one) year after the end of Free Access, the Agreement is automatically renewed and extended for the duration of Paid Access.Otherwise, the Operator may cancel the Customer's Registration and delete the Account; until the Operator does so or the Customer requests termination and deletion, the Agreement remains in the Free Access regime.The Customer acknowledges that Free Access has or may have limited functionalities.
17.2. An Agreement for Paid Access concluded for an indefinite period may be terminated by either Party (Customer or Operator) only after 12 months of Paid Access, even without giving a reason.In such case, the Agreement ends upon expiry of a two‑month notice period commencing on the first day of the month following delivery of the written notice to the other Party.
17.3. An Agreement for Paid Access concluded for a fixed term of at least 3 months is automatically extended by 1 year unless either Party informs the other at least 1 month before expiry of the current term that it does not wish to continue.The Agreement may be extended repeatedly in this way.
17.4. The Operator may terminate the Agreement by written notice without notice period if the Customer has materially breached the Agreement, provided the Operator informed the Customer of such breach by e-mail or via the Platform interface before terminationand the Customer failed to remedy within a reasonable additional period granted by the Operator, not shorter than 3 (three) business days. Material breach includes (without limitation):
- 17.4.1. the Customer's delay in fulfilling obligations under the Agreement lasting longer than 1 (one) month, including delay in any payment;
- 17.4.2. material breach of the Platform use conditions under this Agreement;
- 17.4.3. if any of the Customer's representations under this Agreement proves untrue, incomplete, or inaccurate; or
- 17.4.4. breach of the duty to protect Confidential Information.
17.5. Either Party may terminate the Agreement with immediate effect if the other Party enters liquidation or is declared bankrupt by a final decision.
17.6. The Parties exclude statutory options to withdraw from or terminate the Agreement for reasons other than those stated herein.
17.7. Termination or expiry of the Agreement simultaneously terminates or extinguishes all licenses or other authorizations to use the Platform granted to the Customer under the Agreement.
17.8. The Operator shall, without undue delay, disable the Customer's use of the Leady User Interface and the Customer must, without undue delay and no later than within 30 (thirty) business days, permanently remove the Code from the Customer's Websiteand from all storage, devices, and other media of the Customer or others under the Customer's control.
17.9. Upon termination of the Agreement, the Operator deletes from the Platform all data processed for the Customer and the Customer Content. The Customer shall have no claims against the Operator in this respect.
18.1. All notices between the Operator and the Customer relating to the Agreement or to be made under it must be in writing and delivered to the other Party.The requirement of written form is satisfied also if a notice is made electronically via the Platform interface or by e-mail to the addresses below.
18.2. Contact details of the Operator and the Customer:
- 18.2.1. Operator: e-mail: info@saleskit.com, telephone: as listed on saleskit.com as contact, address for service: the Operator's registered office address.
- 18.2.2. The Customer's contact details stated in the Account will be used to communicate with the Customer.
18.3. The Operator and the Customer undertake to inform the other Party of any change in contact details no later than within 3 (three) business days. The Customer shall do so by updating the data in the Account.
19.1. The Operator may state provision of performance to the Customer under the Agreement for its own presentation as a reference (in particular on the Operator's Web).
19.2. The Customer bears all costs of means of distance communication incurred in concluding and performing the Agreement.
19.3. Contractual penalties are due upon the Operator's request. If a contractual penalty is reduced by a court, the right to compensation for damage remains to the extent the damage exceeds the amount determined by the court as appropriate, without any further limitation.Agreeing a contractual penalty does not affect the right to compensation for damage in full.
19.4. The Operator may amend or supplement these Terms and Conditions at any time. Such amendment will be published on the Operator's Web and information about the amendment will also be sent to each Customer's contact e‑mail stated in the Account. On the effective date of the new wording, the previous wording ceases to be effective. If the Customer disagrees with the changes, the Customer has the right to terminate the Agreement as of the effective date of the new wording.
19.5. If any provision of these Terms and Conditions is invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
19.6. The Customer agrees that the Operator may assign the Agreement or part thereof to a third party. The Customer may not transfer or otherwise encumber its claims against the Operator without the Operator's prior written consent.
19.7. Both Parties assume the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
19.8. The Parties exclude the application of Section 557 of the Civil Code.
19.9. These Terms and Conditions, and any legal relationships arising hereunder, are governed by the laws of the Czech Republic. Disputes arising in connection with the Agreement shall be resolved by the District Court for Prague 5,and if, at first instance, a regional court has jurisdiction under the legal regulations, then by the Municipal Court in Prague.
19.10. These Terms and Conditions take effect on 10 April 2025.
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