General Terms and Conditions (B2B) | StayBrand

1. Introductory Provisions and Definitions

These General Terms and Conditions (hereinafter "GTC") regulate the rights and obligations regarding the provision of the StayBrand software service (hereinafter "Application") by Jakub Pos, ID No.: 21301549, with its registered office at Lihovarská 1262/17, 190 00 Prague - Libeň (hereinafter "Provider"). The Service is intended exclusively for entrepreneurs (B2B) – natural or legal persons acting within the scope of their business activities (hereinafter "Client"). Consumers are not authorized to use the Service.

2. Conclusion of Contract

The Service Agreement is concluded on the basis of an individual written agreement (acceptance of a price offer, order, or signed contract) between the Provider and the Client. These GTC form an integral part of such an agreement.

3. Licensing Conditions (SaaS)

The Provider grants the Client a non-exclusive, non-transferable, and territorially unlimited license to use the Application for the duration of the subscription (Software as a Service). All data, graphic materials, and content uploaded by the Client to the Application remain the property of the Client. The Client grants the Provider a license to store and technically process this data solely for the purpose of providing the Service.

4. Payment Conditions and Subscription

The Service is charged according to the current Price List available on the website. The subscription is paid in advance (monthly or annually) and automatically renews (recurring payment) unless canceled no later than 24 hours before the end of the period. Paid subscriptions are non-refundable (no refund policy), even in case of non-use of the Service. The invoice is issued electronically upon payment receipt.

5. Service Availability (SLA) and Fair Use

The Provider guarantees Service availability of 99.5% monthly. Pre-announced maintenance does not count towards downtime. The Service is provided in accordance with Fair Use principles. The Provider reserves the right to limit or suspend the Service if the Client's usage places an extreme burden on the Provider's infrastructure beyond normal use.

6. Exclusion of Liability

The Provider bears no liability for lost profits, loss of data, non-material damage, indirect damages, or business losses. The Provider's liability for any other damage arising in connection with the Service is excluded to the maximum extent permitted by applicable law.

7. Content and Client Obligations

The Client undertakes not to upload content to the Application that violates laws, infringes upon third-party copyrights, or contains malicious code. The Client bears full responsibility for all content uploaded to the Application and shared via the Application (including Public Pages links). The Provider bears no liability for the Client's content or its potential misuse by third parties. The Client declares that they possess all necessary rights to the content. The Client undertakes to indemnify the Provider for all damages and costs incurred due to the Client's breach of these obligations.

8. Personal Data Processing

If the Client enters personal data of third parties into the Application (e.g., employees for Business Cards), the Client acts as the Controller and the Provider as the Processor. The relationship is governed by the Privacy Policy and potentially a Data Processing Agreement (DPA), which is an annex to these GTC.

9. Suspension and Termination

The Client may terminate the Service at any time. The Provider is entitled to immediately suspend or terminate the Service without compensation if: (a) the Client is overdue with payment for more than 14 days, (b) the Client violates these GTC (e.g., uploading illegal content), or (c) the Client violates Fair Use principles. In the event of termination due to a breach by the Client, fees already paid are not refunded and are forfeited to the Provider as a contractual penalty. After contract termination, the Client has 30 days to export their data.

10. Final Provisions

Legal relations are governed by the laws of the Czech Republic. Disputes will be resolved by competent courts in the Czech Republic. The Client grants the Provider consent to use their trade name and logo for the Provider's marketing purposes (e.g., references), unless the Client expressly refuses in writing. The Provider is entitled to unilaterally change the GTC; the change will be notified to the Client by email 30 days in advance.