(hereinafter referred to as "Terms")
Issued by Smartsupp.com, s.r.o., ID No.: 036 68 681, with registered office at Šumavská 31, 602 00 Brno, represented by Vladimír Šandera, Managing Director, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 86206 (hereinafter referred to as "Smartsupp").
Please read these Terms carefully before using our Smartsupp service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and the Data Processing Agreement (DPA). These Terms apply to all Users and others who access or use the Service, by submitting a request for a demo version of the Service, or by accessing or using the Service, you agree to be bound by these Terms. At the time you begin using the Service, these Terms, including the URL links, become the entire agreement between you, as a user of the Service, the Operator, if applicable, and us. If you do not agree to any part of the Terms or the DPA, then you may not access the Service.
DESCRIPTION OF OUR SERVICE
The Service is provided in the form of software-as-a-service, which we offer at www.smartsupp.com.
The primary functionality of the service is to provide real-time communication with your website visitors. The service includes various modules, such as:
- Chat box - a web widget with a user interface for your website visitors - which you place on your website by inserting our script into the source code of your website. Visitors to your website can use the Chat box to communicate with you or your operators.
- Dashboard - the user interface for operators - which you or your staff use to communicate with your website visitors. The Dashboard is a web-based interface available from the Smartsupp web address. Here you can also change your service settings. The Dashboard is optimized for access from desktop computers.
- Mobile app - a user interface for operators - that allows you to communicate with your website visitors via a smartphone running Android or iOS (iPhone). Mobile apps are available for download in the App Store on your phone (Apple app store or Google Play store). You can also change some of the service settings in the mobile app. The full range of service settings is available via the Dashboard.
The modules and features available to you may vary based on your tools; you can find a description of these in our price list at: https://www.smartsupp.com/pricing.
TERMS AND DEFINITIONS
Unless otherwise specified in these Terms or the context clearly indicates otherwise, capitalized terms in these Terms are used in both their singular and plural in the following meanings:
|Affiliate partner||is a User who participates in the Smartsupp Affiliate commission program;|
|Affiliate program||is intended for Users (entrepreneurs, platforms, agencies, influencers) who are interested in recommending our Service for a commission according to the rules set out in these Terms;|
|Application||is a software service available as either a Web Application or a Mobile Application, which is operated by Smartsupp for the purpose of providing the Services and is owned exclusively by Smartsupp;|
|Price list||sets out the amount of the Fee for the Service provided to the User under the Terms, is part of the Terms and is published on the Smartsupp website;|
|Dashboard||is a user interface available at dashboard.smartsupp.com that is made available to the User for the proper use and enjoyment of all features of the Application and for the proper use of other Smartsupp Services;|
|Demo version||trial access to paid Services, provided to Smartsupp Users according to these Terms; Demo version can also be referred to as Trial version;|
|Billing period||is the time period selected by the User for payment of the Subscription Fee, the selection of which affects the due date of the Subscription Fee, it is either a month or a year;|
|GDPR||Regulation (EU) 2016/679 of the European Parliament and of the Council|
|Chat box||a chat widget uploaded by the User to the User's website through the implementation of the Smartsupp script in the User's website code, which enables real-time communication with visitors to the User's website;|
|Mobile application||a software service available electronically in a mobile version on the Google Play Store for Android mobile devices or on the App Store for iOS mobile devices or tablets operated by Smartsupp for the purpose of providing the Smartsupp Services;|
|Necessary maintenance||means periodic maintenance required to maintain the features of the Service, is carried out at Smartsupp's initiative, is not in response to any Glitch and is a period of time during which the Service is unavailable in whole or in part;|
|Personal data||any information about the data subject from which they can be directly or indirectly identified;|
|Operator||an employee, contractual partner, or another person to whom the User has sent an invitation to connect to his User Account and to whom an Operator Account has been established on the basis of successful registration. All terms and conditions of the Service relating to the User, including the relevant rights and obligations, shall apply accordingly to the Operator.|
|Operator account||an account for the Application, established by the Operator under these Terms solely for the purpose of using the Service.|
|Subscription plan||the Service is provided under a flat-rate subscription plan, which is offered in our Price List. The price for each Subscription Rate Band is quoted for one month or 12 consecutive months;|
|Commission||is a payment of 20% of the Subscription Fee that the Referred Affiliate Client has already paid to Smartsupp;|
|Subscription or Subscription Fee||a collective term for the flat fee provided by the User to Smartsupp for the provision of the Service, in the amount set according to the applicable Price List in the form of Subscription Plans;|
|Service support||is a Service that is part of the right to use the Application and is provided on business days, at the level of basic user support for the Application;|
|Service||consists of providing, for a fee, electronic tools to implement the Chat Box by embedding the Smartsupp script in the User's website code, as well as providing tools to set up, control and manage and further operate the Chat Box via the Dashboard, including other features offered;|
|Consumer||any natural person who deals with us outside the scope of their business activity or outside the scope of their independent exercise of their profession;|
|User account||an account for the Application, established by the User under these Terms solely for the purpose of using the Service;|
|User||a registered customer of Smartsupp who has been provided with a User Account for the Application following a successful registration (also referred to as "you");|
|Web application||software service available electronically in a desktop version on the www.smartsupp.com website operated by Smartsupp for the purpose of providing the Services;|
|Glitches||error conditions that prevent the proper provision and use of the Service;|
(Smartsupp and User hereinafter collectively referred to as "Parties" and individually as "Party")
1. TERMS OF SERVICE
1.1. User Statement. The User represents and agrees that:
1.1.1. has full legal capacity, 1.1.2. all information you provide to the Application is true, complete, accurate, and correct, 1.1.3. will not use the Service in violation of the applicable laws of the Czech Republic, 1.1.4. will use the Service only for the purpose for which it is intended, i.e. in particular to communicate with visitors to the User's website in real-time, 1.1.5. has thoroughly familiarised himself/herself with the applicable Terms before commencing use of the Service, agrees to them unconditionally, and will not use the Service in contradiction with them.
1.2. Obligations of the Parties. Smartsupp provides the Service to the User under the terms and conditions set forth below. The User accepts the Service on the terms and conditions set out below and agrees to pay Smartsupp the Subscription Fee for its use in accordance with the Price List.
1.3. Content of the Service. Provision of the Service means, in particular:
1.3.1. the User's right to use the Service; 1.3.2. the User's right to have a User account for the Application; 1.3.3. the User's right to establish and provide one or more accesses to the Operator to the Application through the User Account; 1.3.4. the User's obligation to pay the agreed Subscription Fee according to the current Price List.
1.3.2. the User's right to use the Demo version of the Service (also referred to as Trial version);
1.3.3. the User's right to have a User account for the Application;
1.3.4. the User's right to establish and provide one or more accesses to the Operator to the Application through the User Account;
1.3.5. the User's obligation to pay the agreed Subscription Fee according to the current Price List.
1.4. User's age. Smartsupp declares that the Service is not intended for persons under the age of 16.
1.5. The Service is not intended for Consumers. The Service is not intended for Consumers, but for entrepreneurs or self-employed persons or public authorities. You declare that you will use the Service as or on behalf of a business, public authority, solely for the purposes associated with that activity.
1.6. Use of the Service by a Consumer. If a Consumer is interested in using the Service, then the Consumer is obliged to inform us before setting up a User Account in order to inform you of your rights.
1.7. Demo version. Smartsupp provides Users with the opportunity to use the Demo version of the Services, under individually agreed conditions that Smartsupp negotiates with specific Users based on their request, which they can submit through the "Request a Demo" section. The provision of the Services through the Demo version shall be reasonably governed by these Terms as if it were the provision of the standard full version of the Services. Please note that the use of the demo version is time-limited.
2. INTELLECTUAL PROPERTY
2.1. App. The Application, as well as all software related thereto, is the intellectual property of Smartsupp.
2.3. Infringement of intellectual property rights by the User. Provided that the User breaches the obligations set out in this Article, then Smartsupp shall have the right to withdraw from these Terms and require the User to compensate for the damage incurred.
2.4. Other intellectual property. If, as part of Smartsupp's performance under these Terms, any performance that is protected under the Copyright Act (in particular a work or database) or any other protected intangible asset is created, such performance will become part of the Application and the Terms will apply to such performance.
3.1. Chat box. After creating a user account, a script (source code) of the Chat Box will be made available to the User for the purpose of using the Smartsupp Services, which the User will then implement into the code of their website so that they can use the Chat Box for real-time communication with visitors to their website.
3.2. Chat box as an author’s work. The Chat Box is an author’s work within the meaning of the Copyright Act. Smartsupp grants to the User, upon registration of his User Account, a license to exercise the right to use the Chat Box in the form in which it is available at that particular time. The license is granted on a non-exclusive basis, for the duration of the contractual relationship under these Terms (but no longer than the duration of the Chat Box's ownership rights), solely for the purpose of using the Chat Box in accordance with these Terms and in a manner consistent therewith. The license is granted for the worldwide territory. The Chatbox is made available to the User either through remote access (via the Smartsupp Dashboard) or via email following registration of the User's User Account.
3.3. License assignment. The User is not entitled to grant a sub-license to third parties or to assign the license to a third party.
3.4. License fee. The Chat Box license fee is included in the Subscription Fee.
4. USER REGISTRATION
4.1. User registration as a condition of using the Service. Registration is a prerequisite for the proper use of the Service; the User acknowledges this condition and undertakes to register properly.
4.2. Method of User registration. Registration is done by filling out the registration form on the website www.smartsupp.com, which includes the User's confirmation that they have read and agreed to these Terms.
4.3. Accuracy, completeness and updating of data. The User hereby undertakes to provide correct and complete information about his/her person in the registration form and in the Application. The User is obliged to update these data according to the current status. The User also has the right to change and update the registration data during the use of the Service.
4.4. Reporting obligation in case of misuse of access data. The User is obliged to notify Smartsupp immediately of any misuse or even attempted misuse of their Access Credentials and is obliged to choose new Access Credentials for the User Account without delay. The User is obliged to choose a secure password.
5. OPERATOR REGISTRATION
5.1. Inviting a new Operator. The User has the right to invite other users, so-called Operators, to the User Account. In this case, he is obliged to provide the correct identification data of the new Operator.
5.2. Operator registration as a condition of using the Service. Registration is a necessary condition for the proper use of the Service by the Operator. The Operator acknowledges this condition and undertakes to carry out proper registration to create its Operator Account.
5.3. Agreement to the Terms. By registering an Operator Account, the Operator agrees to use the Service subject to these Terms, and all terms and conditions of the Service relating to the User, including the applicable rights and obligations, shall apply accordingly to the Operator.
5.4. Operator's level of access. The User has the possibility to set the access level of the Operators invited by him. The individual levels differentiate the scope of the Application's functions to which a given Operator has access within the User's User Account. The Operator access levels are as follows:
5.4.1. Restricted access. The operator has access only to conversations, visitor list, video recordings and personal settings (his profile, shortcuts and notifications). The operator can chat with visitors. 5.4.2. Full access. Operator has access to all personal and company settings including billing. Operator can chat with visitors.
5.5. Basic access level settings. After the Operator registers within the Application, the access level is set to restricted access. The User can change this setting at any time via the Settings section of the Smartsupp Dashboard.
5.6. Operator status settings. The user has the possibility to set the status of the Operators invited by him. Individual statuses distinguish whether or not a given Operator can communicate (chat) with visitors to the User's website. The Operator statuses are as follows:
5.6.1. Active Operator. The operator can chat with visitors. 5.6.2. Inactive Operator. The operator only has access to statistics and settings, but cannot chat with visitors or monitor chats, recordings, or chatbot success statistics.
5.7. Basic Operator status settings. Once the Operator is registered within the Application, the Operator status is set to active. The User can change this setting at any time via the Settings section of the Smartsupp Dashboard.
5.8. Liability for damages. Smartsupp shall not be liable for any damage caused to the User as a result of the default Operator access level and Operator status. Furthermore, Smartsupp is not liable for any damage caused to the User by the Operator invited by the User.
6.1. Payment of Services. The Service is generally provided for a fee through a Subscription. The User hereby agrees to pay Smartsupp a fee for the provision of the Service under the Subscription Plans in the form of a Subscription Fee.
6.2. When the Service is free of charge. An exception is the provision of the Service under the FREE plan specified in the Price List, which may specify the extent to which the Service is provided to the User free of charge.
6.3. Subscription amount. The amount of the Subscription Fee is determined in accordance with the current Price List. All prices in the Price List are exclusive of VAT, which is charged at the statutory rate on top of the quoted price of the Service, so the amount of VAT charged may change depending on changes in legislation.
6.4. Changes of Price List. The Price List may be unilaterally changed by Smartsupp. Information about planned changes to the Price List will always be available on our website. A planned change to the Price List will be notified to the Users affected at least 14 days before such changes take effect, by means of a notice in the User Account or by email. In the event that the User does not agree with the change in the Price List, he has the right to terminate the contractual relationship according to these Terms in accordance with the provisions of the article 15.2 of these Terms.
6.5. Subscription as a lump sum. The User is obliged to pay Smartsupp a fee consisting of a lump sum payment in the form of a Subscription Fee in the amount determined in accordance with the Subscription Plan chosen by the User. The Subscription Fee is payable either monthly or annually depending on the Subscription Plan selected. The Subscription Fee is also payable in advance on the first day of the month for which the Service is provided under the selected Subscription Plan.
6.6. Method of payment of the Subscription Fee. The User is entitled to choose the method of payment of the Subscription Fee for the Service, exclusively:
6.6.1. By credit card. Provided that the User selects the payment method marked as "Payment by Card"; 6.6.2. Via PayPal. provided that the User selects the payment method marked "PayPal"; 6.6.3. By bank transfer, provided that it has been individually agreed with the User.
6.7. Payment gate. All payments are made through the Braintree payment gateway, which is operated by PayPal (Europe), residing at S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg, registered in the commercial register under the number: R.C.S. Luxembourg B 118 349, VAT number: LU22046007.
6.8. Maturity of the first Subscription. The User shall pay the first Subscription Fee each time the Subscription Plan is activated for the relevant subsequent Billing Period.
6.9. Maturity of a Subscription fee for the renewed Subscription Plan. If a Subscription Plan is renewed in accordance with clause 7.4 of these Terms, the Subscription Fee will be charged to the User on the first day of each Billing Period from the payment method selected by the User when activating the Subscription Plan, or the payment method currently listed in the User's Account.
6.10. The moment of payment of the Subscription Fee and activation of the Service. The Subscription Fee shall be deemed as paid and the Service shall be activated by the User after the funds in the agreed amount have been credited to Smartsupp's bank account.
6.11. Money-Back Guarantee. In the event of a User’s first purchase of a Subscription Plan, the User shall be entitled to cancel the Terms within 15 days of the date of purchase, for any reason, provided that it is the first Subscription paid by the User. Any money paid for this first Subscription will be refunded to the User. Upon renewal of the Subscription Plan, the User’s right to cancel the Terms and refund under this section of the Terms shall cease. Therefore, refunds are not possible from the moment the Subscription Plan is renewed, whether such renewal occurs on the basis of renewal by the User or on the basis of automatic renewal.
6.12. Individual refund agreement. In the event of an individual agreement between the Parties regarding refunds after the time limit set out in clause 6.11 of these Terms, a handling fee of EUR 100 may be charged for any actions resulting from such agreement (partial refunds, etc.), as well as reimbursement of lost costs.
6.13. Delay of the User and temporary blocking of the User's account. In the event of default in payment of the Subscription Fee or any part thereof, i.e. in particular if for any reason the automatic debit of the payment pursuant to clause 6.9 of these Terms does not apply, Smartsupp is entitled to deny the User the right to use the Application (blocking of the User Account) pursuant to these Terms and to reinstate it only after payment of the outstanding Subscription Fee and selection of a new or correction of the existing method of payment of the Subscription Fee.
6.14. Overview of payments and tax documents. In the event that Smartsupp is required to issue a tax document, it will be issued by Smartsupp in electronic form in PDF format, which the User will be able to access in the User Account. A summary of payments is available to the User in his User Account.
6.15. Correction of the tax document after 15 days from its issue. If the User requests a correction of the tax document after 15 days from its issue, an administrative fee of EUR 100 will be charged. This is to compensate for the cost of the work by Smartsupp.
7. SUBSCRIPTION PLANS
7.1. Subscription plans. The Service is provided under the STANDARD, PRO and ULTIMATE Subscription Plans with the option of a Subscription Plan duration of either one month or one year and a corresponding Billing Period. The exception to this is the provision of the Service free of charge under the FREE Plan with limited functionality.
7.2. Features included in the price of the selected Subscription Plan. An overview of the features included in the STANDARD and PRO Subscription Plans are specified in the Price List.
7.3. Renewal of the Subscription Plan. Unless the Subscription Plan is cancelled by the User or by Smartsupp, the Subscription Plan will be automatically renewed at the end of each Billing Period under the same terms and conditions and the User will be automatically charged for the amount of their saved payment method.
7.4. Smartsupp's right to automatic payment of the Subscription Fee. Upon automatic renewal of the Subscription Plan, Smartsupp shall be entitled to payment of the Subscription fee via the payment method it has chosen (automatic payment via credit card or PayPal account).
7.5. Cancellation of Subscription Plan renewal. The User can cancel the renewal of the Subscription Plan through the User Account, in the section related to the billing method, by clicking on "Turn off auto-renewal" or by removing the payment method details from the User Account.
8. RIGHTS AND OBLIGATIONS OF USERS
8.1. Unauthorized access to the User Account. The User undertakes not to allow any third party access to his User Account while using the Application, resp. that he will not allow the use of the Application by a third party through his User Account at the moment when he will use the Application himself. An exception to this obligation of the User is the provision of access through the establishment of an Operator account according to Article 5 of these Terms.
8.2. Consequences of violation of unauthorized access to the User Account. In the event that Smartsupp discovers that, in violation of the previous paragraph of these Terms, more people are logged in to the User Account than the sum of the Operator Accounts and the User (e.g. the User will have an active session in the User Account on the computer, on phone and on another computer at the same time, although no Operator account is assigned to his account), Smartsupp has the right to temporarily block the User Account. Smartsupp is entitled to check compliance with the obligations according to Sections 8.1 and 8.2 of these Terms through Admin access to the User account.
8.3. Unauthorized account blocking. In the event that the User believes that his User Account has been blocked according to the previous paragraph of these Terms, although he has complied with all his obligations set by these Terms, he may contact Smartsupp via the e-mail address: email@example.com.
8.4. User's obligations related to the use of the Application and the Service. User agrees that they:
8.4.1.will not take any such action that could interfere with or damage the Application and jeopardize or prevent the provision of the Service;
8.4.2. will not attempt or use any interface other than the interface provided by Smartsupp for that purpose to access the Service;
8.4.3. shall not disclose any identification data and passwords necessary for the User's access to the Service to any third party and shall immediately notify Smartsupp if it becomes aware of any misuse of its identification data and passwords by any third party;
8.4.4. choose a password for the Application that corresponds to a high security level of the User Account.
8.5. Content of communication. The User further undertakes that all communications directed by them or their Operators to visitors to the User's website, in the context of communications that will take place through the Application, will always comply with the law and these Terms, in particular the User is obliged to ensure that the communications:
8.5.1. do not contain any part which incites or tends to incite a failure to perform a duty imposed by or under the law or to commit a crime or which approves of a crime or publicly commends for a crime its perpetrator,
8.5.2. do not contain any part that encourages, promotes or incites the abuse of addictive or life-threatening substances,
8.5.3. do not contain any parts that threaten death, bodily harm or damage to another person or group of people,
8.5.4. do not contain any part that defames a nation, its language, an ethnic group or race, or a group of people because of their political beliefs, religion or because they are non-religious,
8.5.5. do not contain any part that incites hatred of any nation, ethnic group, race, religion, class or other group of persons or any restriction of the rights and freedoms of its members,
8.5.6. do not contain pornographic works, especially those depicting a child or showing violence or disrespect for the human person,
8.5.7. do not contain false or misleading information about another that is likely to significantly jeopardise their standing with fellow citizens, in particular to damage his or her employment, disrupt his or her family relationships or cause him or her other serious harm,
8.5.8. do not support a movement that demonstrably aims at the suppression of human rights and freedoms, or advocates national, racial, religious or class hatred, or hatred against any other group of persons, or publicly expresses sympathy for such movements,
8.5.9. do not infringe the intellectual property rights (copyright, rights related to copyright, industrial rights, etc.) of others, in particular, Smartsupp;
8.5.10. do not contain trade marks, trade names, and protected designations of origin to which a third party has exclusive rights, or any indication which is interchangeable with them;
8.5.11. do not promote illegal products and services;
8.5.12. are not in any other respect contrary to good morals.
8.6. Violation of these Terms by the User. It is not a breach of the Terms if the Service is not properly provided because the User has violated any provision of these Terms. In the event that the User breaches the obligations in clause 8.2 of these Terms and/or the content of the User's communications with visitors to the User's website is in breach of the rules under these Terms, Smartsupp shall be entitled, even without prior notice, to immediately stop providing the Service to the User, deny access to the Application and withdraw from these Terms.
8.7. Compensation for damages incurred by Smartsupp for breach of the User's obligation. If a User breaches its obligations under these Terms, the User shall reimburse Smartsupp for all costs and expenses incurred in connection with third-party claims against Smartsupp as a result of the User's breach of any of the foregoing obligations. This shall not affect the right of Smartsupp and third parties to compensation for damages (both damages and non-pecuniary damages) arising as a result of a breach of the above obligation, which the User undertakes to pay to Smartsupp and/or third parties.
8.8. Compensation for damages incurred by Smartsupp in connection with a complaint by a visitor to the User's website. If Smartsupp incurs damage or injury in connection with complaints from visitors to the User's website against the User, the User undertakes to compensate for it.
8.9. User's technical equipment. The User is obliged to secure the appropriate technical equipment that will allow him to use the features of the Service in accordance with these Terms. The User is obliged to check whether his technical equipment meets the technical requirements of the Smartsupp Services before starting to use the Services.
9. RIGHTS AND OBLIGATIONS OF SMARTSUPP
9.1. Application Changes. Smartsupp is entitled to make changes to the content and features (add and/or remove content/features) of the Platform at any time. This is done automatically and these Terms apply to the updated Application. The User is not entitled to reject the changes as the Application is provided "as is". The User will be informed about updates to the Application through his e-mail address, the Smartsupp website or through the User Account.
9.2. Disagreement with the Application changes. In the event that the User does not agree the change of the Application according to the previous paragraph, he has the right to terminate this contractual relationship under these Terms in accordance with the provisions of the article 15.2. of these Terms.
9.3. User Account Control. Smartsupp may, through Admin access to the Application, check the User Account and suspend the Service if it detects a violation of these Terms; it shall immediately inform the User thereof.
9.4. The procedure in case of failures on the Smartsupp side. Smartsupp reserves the right to limit or temporarily stop the provision of the Service in cases of technical failures on the User's side or in the Internet network, about which it will inform the User without undue delay. In particular, this concerns Internet failures or circumstances that require the intervention of third parties.
9.5. Use of User specifications in references. User agrees that Smartsupp may use any brands, logos and trade names to identify Users as its users/customers in addition to any marketing materials and on the Website and/or within the Smartsupp Services. To this end, the User grants Smartsupp a non-exclusive, worldwide license to use such marks, logos, or trade names for the duration of the contractual relationship between the User and Smartsupp. The User may revoke its consent and withdraw from the license granted by sending an email to firstname.lastname@example.org.
10. RIGHTS AND OBLIGATIONS OF SMARTSUPP
10.1. Software integration. Smartsupp is not responsible for the features, functionality or defect-free nature of the individual software that it integrates or configures for Users to work with the Service. This responsibility is borne by the suppliers of other software with which the User is obliged to enter into a contractual relationship.
10.2. Exclusion of Smartsupp's liability for damages resulting from Necessary Maintenance. User acknowledges and agrees that Smartsupp shall not be liable for any financial loss incurred by User due to suspension of the Service due to upgrades or Necessary Maintenance.
10.3. Restriction or disablement of the use of the Service independent of Smartsupp's will. Smartsupp shall not be liable for the prevention or limitation of the User's use of the Service, by any circumstances of a technical nature beyond Smartsupp's control or whose resolution requires the cooperation of third parties.
10.4. Links to third party sites or services. The Service may contain links to third party web sites or services that are not owned or controlled by Smartsupp. Smartsupp has no control over the content, privacy policies, or practices of any third party web sites or services. Smartsupp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or due to reliance on any such content, goods or services available on or through such websites or services.
10.5. Smartsupp’s Liability. In the event that Smartsupp shall be liable to compensate you for any amage or injury that may arise in connection with the Service, Smartsupp shall in no event be liable for such damage or injury. This exclusion of liability shall not apply with respect to Smartsupp's obligations under the DPA.
11. FORCE MAJEURE
11.1. Conditions for the application of force majeure. The Parties shall not be liable for breach of their obligations under these Terms caused by Force Majeure unless otherwise provided in these Terms.
11.2. What is force majeure? Force majeure means any obstacle which has arisen independently of the will of the obliged Party and prevents it from fulfilling its obligation if it cannot reasonably be assumed that the obliged Party would have averted or overcome the obstacle or its consequences and that it would have foreseen the obstacle at the time the obligation has arisen. Liability shall not be excluded by an obstacle that arose only at the time when the obliged Party was in default of its obligation or arose from their economic circumstances. The effects precluding liability are limited to the duration of the obstacle to which they are related.
12. SUPPORT AND DATA BACKUP
12.1. Providing support. Depending on the Subscription Plan selected by the User, Smartsupp provides customer support. No customer support is provided under the FREE plan, User can use our Help Center. Further information on the provision of support depending on the individual Subscription Plans is specified in the Price List.
12.2. Data backup. Smartsupp performs regular backups of all data (including Personal Data) processed through the Service for a period of 30 days. This is a precautionary measure, for more information please refer to the Data Processing Agreement (DPA), which forms Annex 1 to these Terms.
13. NECESSARY MAINTENANCE
13.1. Necessary maintenance. It is not a breach of these Terms if the Service is not provided as a result of Necessary Maintenance. Necessary Maintenance is generally notified in advance through the User's Account.
13.2. Notification of necessary maintenance. The User is obliged to tolerate short-term downtime of the Service consisting in its limitation or interruption, of which the User will generally be notified by means of a notification in the Application interface or by e-mail at least 12 hours before the downtime. In such notice, Smartsupp shall specify the type of maintenance to be performed and the estimated time of commencement and completion of the work.
13.3. Update. Smartsupp will perform free updates to the Application in addition to the Necessary Maintenance. These updates are intended to improve the provision of the Service and make it easier to operate the User Account. Smartsupp is also entitled to limit or suspend the provision of the Service for the time necessary to perform the Update. Smartsupp generally notifies the User of updates via the User Account interface or by e-mail.
14. SMARTSUPP AFFILIATE PROGRAM
14.1. Registration. If the User registers for the Service, they also get the opportunity to actively participate in the Affiliate Program. In the "Affiliate" tab of the User's account, you will find your unique link for participation in the Affiliate Program.
14.2. Smartsupp's right to reject an Affiliate Partner. Smartsupp reserves the right to reject a User as an Affiliate Partner. The rejection will be communicated to the User by e-mail or via the Application.
14.3. What I can track in my User Account. In the User Account you can track new client registrations, the moment of entitlement to a Commission and Commission payments already made.
14.4. Tracking technology. In order for your referral to be eligible for a Commission, the new client must click on a unique link from your website, e-mail, social media communication or other source to the Smartsupp website and register for a User Account at the same time.
14.5. Inability to assign User Account to Affiliate Partners. Smartsupp is not responsible for the situation when a new client cannot be assigned to an Affiliate Partner's commission link. No commission is due to the Affiliate Partner for such a conversion.
14.6. Time between promotion and conversion. The time between your referral through the Affiliate Partner's unique link and the registration of a new client to the Service must occur no later than 30 days after the client clicks on the Affiliate Partner's unique link. Later, the tracking cookie or other technology expires, so you will not be able to receive the Commission.
14.7. Banners. In your User Account, you have banners that you can place on your website. No other use of our logo, which is protected as a trademark, is possible.
14.8. Entitlement to Commission. If your referred client pays the Subscription Fee, you will be entitled to the Commission after 15 days of the referred client's payment of the Subscription Fee. In your User Account, you can track the amount of Commissions earned, who your clients are, and the total revenue earned to date from all Clients referred by you.
14.9. Commission payout. The minimum amount for payment of Commission is 40 EUR excluding VAT. Payment is possible by bank transfer or PayPal. If the claim for payment of the Commission is not made within 1 year from the moment the entitlement to Commission arises, as will be indicated in the User Account, then the claim for payment of the Commission will expire.
14.10. Options of distribution of the advertising content. To participate in the Affiliate Program, you may use your unique link in communications, including emailing, banner advertising on your website, or through social media advertising.
14.11. Prohibited methods of promotion. The following methods of promotion are not allowed:
14.11.1. spam and unsolicited commercial communications, we prohibit methods of promotion that third parties may consider to be spam or unsolicited commercial communications;
14.11.2. advertising through advertising systems such as Google Ads, Facebook Business Manager and other advertising systems that redirect to the Service's website;
14.11.3. protected keywords within PPC advertising such as Smartsupp, Smartsupp.com or Smartsupp.cz and misspelled variations thereof and direct linking from PPC ads to our website - will constitute an infringement of our trademark;
14.11.4. methods of promotion that could damage or jeopardize Smartsupp's reputation;
14.11.5. methods of promotion that interfere with or threaten the rights of third parties.
14.12. Prohibition of circumvention of the 30-day period. As an Affiliate Partner, you must ensure that you do not unfairly increase the number of banner impressions or Smartsupp links through programs, scripts, banner reloads or other similar means.
14.13. Violation of the Affiliate Program Terms. If you fail to comply with the terms of the Affiliate Program (in particular, use a prohibited method of promotion or circumvent the terms of the Affiliate Program), we reserve the right to terminate your participation without notice. In this case, your right to the Commission will cease.
14.14. Termination of participation in the Affiliate Program. Either you or we may terminate this Affiliate Program at any time, without cause, by giving written notice to the other party. Any remaining Commission below EUR 40 will not be paid and the right to receive it will be forfeited.
15. THE DURATION AND OPTIONS FOR TERMINATING THE CONTRACTUAL RELATIONSHIP
15.1. Duration of the contractual relationship. This contractual relationship is concluded for an indefinite period of time at the moment of registration of the User to the Service.
15.2. Termination. Smartsupp and the User have the right to unilaterally terminate this contractual relationship under these Terms without giving any reason. The contractual relationship under these Terms shall be deemed terminated on the last day of the Billing Period in which the notice of termination is delivered to the other Party.
15.3. The fiction of termination. The contractual relationship under these Terms shall be deemed terminated upon the expiration of 2 years from the last login to the User Account. In this case, Smartsupp is entitled to delete the User Account of the User.
15.4. Loss of eligibility to provide the Service. The User agrees that in the event that Smartsupp, through no fault of its own, loses its eligibility to provide the Service, i.e. for example by a change in legislation, the contractual relationship under these Terms shall be deemed terminated at that time, which shall not be deemed a breach of these Terms.
15.5. Material breach of the Terms. Smartsupp has the right to restrict or not provide the Service or to block the User Account and to immediately terminate the contractual relationship under these Terms upon becoming aware of a material breach. In particular, a material breach of the Terms shall be deemed to be:
15.5.1. such User's conduct that is capable of compromising in any way the software necessary to provide the Service;
15.5.2. the User acts in violation of these Terms;
15.5.3. the User has used the Service in such a way that may damage Smartsupp, and/or has even attempted to abuse, block, modify or otherwise alter any part of the Service provided;
15.5.4. User has even attempted to obtain the logins and/or passwords of other Users of the Service;
15.6. Already paid Subscription Fees and material breach of the Terms. In the event of termination of the contractual relationship pursuant to clause 15.5 of these Terms, the User shall not be entitled to a refund of the proportionate portion of the subscription fee already paid for the use of the Service.
16. DATA PROTECTION
16.1. Smartsupp as a processor of personal data. Users entrust us with the Personal Data of their customers or other persons. Details of our obligations as a processor can be found in the Data Processing Agreement (DPA), which is attached as Annex 1 and forms an integral part of these Terms.
16.2. Smartsupp as the controller of the Personal Data. How we handle Personal Data can be found in our Personal Data Processing Policy.
17. FINAL PROVISIONS
17.1. The legal order. These Terms and Conditions are governed by the laws of the Czech Republic, while excluding conflict of laws rules of private international law.
17.2. Amicable dispute resolution, jurisdiction. We will always attempt to resolve any dispute arising between us amicably. If it is not possible to reach an amicable solution, then the courts will take their turn. We agree that any disputes arising in connection with the use of the Service will be resolved by the court of subject matter and local jurisdiction for the territory of the City of Brno in the Czech Republic.
17.3. Duration of the provisions after the termination of the contractual relationship under these Terms. The rights and obligations set out in clauses 6.11, 8.4, 8.5, 10.2, 10.3, 10.5 and 17.5 shall remain valid even after the termination of the contractual relationship under these Terms.
17.4. Changes to the Conditions. These Terms may be unilaterally amended or cancelled by Smartsupp in writing.
17.5. Declaration of Succession. The Parties declare and agree that the rights and obligations of the Parties under these Terms shall, in the event of termination or any other legal event resulting in a transfer of rights and obligations, pass to their legal successors.
17.6. Validity and Effectiveness. These Terms shall become valid and effective on the date of conclusion of the contractual relationship via the Internet, by sending the User registration or by pressing the "I agree" button in the User's account.
These Terms of Service are effective from April 11th, 2023.