Terms and conditions
These Terms and Conditions shall govern the tariff system, the contract for the provision of the Foxentry service and use of this service through the web interface https://foxentry.com/, as well as legal relations between you and us while concluding the contract and using the service and the web interface.
The following terms which are used in these Terms and Conditions shall have the following meaning:
- the Price shall mean the tariff price;
- the Operator’s Contact Details include: contact e-mail address: [email protected]; contact phone number: (on working days from 9.30 a.m. to 5 p.m.);
- Autocomplete or Autocompleting shall mean the prediction control which offers help or options when completing boxes in the form based on written parts of text in such boxes;
- Civil Code means Act No. 89/2012 Sb., the Civil Code, as amended;
- Terms and Conditions are these Terms and Conditions;
- Request shall mean using Autocompleting, i.e. confirmation (insertion) of offered help or option and its validation within the form which is being completed;
- the Operator (or “Us”) shall mean the company AVANTRO, s.r.o., with registered office at Thámova 137/16, Karlín, 186 00 Prague, the Czech Republic, Registration No. (IČO): 04997476, VAT ID: CZ04997476, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 256795;
- the Script shall mean a part of the source code which the User places on their website or in their application in order to use the Service;
- the Contract shall mean any contract concluded between You and the Operator under these Terms and Conditions;
- the Service shall mean the Foxentry service which works as the Autocomplete and validator within forms which are being completed, in particular helping with completion and validation of particular information (stated on the Web Interface) insert into the form; if stated on the Web Interface, the Service can also provide you with information on the provided phone number, basic economic data of the entrepreneur listed in the form and other features listed in the Web Interface. It can be used on the basis of the provided Script (for Web Interfaces) or through API (for applications) and managed through the User Account;
- the Tariff shall mean a tariff which sets a maximum number of Requests for the determined price. Individual types of Tariffs and their prices are listed on the Web Interface;
- the User (or “You”) shall mean any person using the Service. A User can be a consumer, a business natural person or a legal person;
- the User Account shall mean the User’s account held on our Web Interface (https://app.foxentry.com), which can be used in particular to purchase individual Tariffs and to manage the Service (in particular to adjust the scope of the Service provided);
- Validation shall mean verification and/or provision of additional information to data completed in the form;
- the Web Interface shall mean the interface available at www.foxentry.com;
- the Consumer Protection Act shall mean the Act No. 634/1992 Sb., on Consumer Protection, as amended;
2. Registration on the Web Interface
2.1. In order to use the Service, the User must first register on the Web Interface.
2.2. Based on the registration via the registration form on the Web Interface, the User Account is created. The User is obliged to keep the access data to the User Account confidential. The Operator is not responsible for any misuse of the User Account by third parties.
Information provided during the registration shall be true and complete. Any account registered on the basis of false or incomplete information may be deleted without compensation by the Operator. In case of any changes in the User’s data, the User shall immediately update information in his User Account.
The User Account shall be made available after its activation. The Account activation will usually be carried out through the e-mail address provided in the registration form.
2.3. By creating the account and inserting a tick in the appropriate box, You agree to these Terms and Conditions.
2.4. The User Account can be used by the User in particular to purchase individual Tariffs, track statistics and manage the ordered Service and the User Account. Any other features of the User Account are always listed on the Web Interface.
The User acknowledges that the Operator has the right to cancel immediately the User Account without compensation should any violation of the good morals, the Czech’s laws or these Terms and Conditions occur.
3. Contract for the Provision of Services
3.1. Description of the Service, including its main features, is provided on the Web Interface. Presentation of the Service provided on the Web Interface shall be considered as the Operator’s offer for concluding the Contract within the meaning of Section 1732 par. 2 of the Civil Code. The User shall be registered in order to conclude the Contract.
3.2. The subject matter of the Contract is the provision of the Service and granting non-exclusive, territorially unlimited license to the Script for the term of the Service.
3.3. The Contract for the Provision of Services shall be concluded upon registration. Actual steps leading to the conclusion of the Contract are apparent from the Web Interface.
3.4. The Service is provided to the User on the basis of the activated Tariff. The Price of individual Tariffs is listed on the Web Interface. The Tariff sets a maximum number of Requests for the respective period unless stipulated otherwise. The period of using the Tariff starts running upon payment; it is usually a calendar month unless stipulated otherwise. Individual periods of using the Tariff are listed in the User Account.
3.5. The User can use the Service on the basis of a free Tariff. However, the Service is automatically deactivated upon reaching a maximum number of Requests. Even in the case of the free Tariff, the User shall use the Service in accordance with these Terms and Conditions. The Operator’s obligations under these Terms and Conditions shall apply proportionally to the use of the free Tariff.
3.6. As a part of the provision of the Service, the Operator shall monitor individual Requests and shall record them in statistics in the User Account.
3.7. The number of Requests, Autocomplete and other statistics are listed in the User Account. It is also possible to activate and deactivate individual features of the Service and the Service itself in the User Account.
3.8. If the User uses the maximum number of Requests within the activated Tariff, any other Requests exceeding such maximum limit shall be charged according to the price list provided on the Web Interface. Requests exceeding the maximum limit can be deactivated in the User Account. If the maximum number of Requests is reached and Requests exceeding the maximum limit are deactivated, the User will not be able to use the Service until limits are reset at the start of a new period.
Any Requests exceeding the maximum limit shall be paid by the User by the start of a new period when the limits are reset. The payment shall be usually carried out in the same manner as the Tariff payment unless agreed otherwise.
The User will be informed about reaching the Request limit in the activated Tariff through the provided e-mail address, phone number and in their User Account. The Service will be made available to the User again after the activation of a higher limit or as of the start of a new period.
3.9. The Operator reserves his right to delete any User Account which has been inactive for 6 months. An inactive User Account shall mean an account that has not been logged into and if no Tariff has been activated.
If You are a consumer, You will be notified in case of inactivity of your User Account exceeding 4 months that the User Account will be deleted without compensation after 6 months of inactivity.
4. Price Payment
4.1. The Price of Service is always listed as final one and, in case of consumers, also includes all possible taxes and charges.
4.2. Individual Tariffs can be purchased by using an order form which is available in the User Account interface or in another manner listed on the Web Interface. By pressing the “Pay” button in case of the credit card payment and by pressing the “Complete the Order” button in case of the payment by the bank transfer, You agree to pay the Price.
4.3. The User can also use a special Tariff – billing based on individual used Requests. This Tariff shall be charged according to individual agreement, usually the amount corresponding to the used Requests will be deducted from a agreed prepaid payment at the end of the period when the Request limits are reset. These Terms and Conditions shall apply proportionally to such Tariffs. If You are using applications/API, You have to use this special Tariff; other Tariffs are not available unless stipulated otherwise on the Web Interface.
4.4. If the User is interested in a special tailored Tariff, then the User shall contact the Operator through its contact details or the Web Interface. The Operator shall subsequently send a price offer to the User. Based on the User’s consent with the price offer, the Operator shall send him payment information. Other rights and obligations concerning the tailored Tariff shall be governed by these Terms and Conditions.
4.5. Billing information will be automatically completed according to information provided in the User Account. The User shall update such information in case of any change. The Operator shall bear no liability in case out-of-date information is provided. If the User provides billing information of another person in the User Account, the Operator shall believe that the User is authorized to oblige such person to pay the Price.
4.6. The Tariff Price can be paid through a credit card or the bank transfer to the Operator’s bank account. Any other options for the payment of the Price are listed on the Web Interface. At the User’s discretion, the payment can be made either in the Czech Crowns (CZK), Euro (EUR), United States Dollar (USD) and/or Polish Złoty (PLN), unless stated otherwise on the Web Interface. Please note that the prices for each currency are determined individually and may not correspond to the actual official exchange rate.
4.7. The Tariff shall be made available according to the payment method selected by the User. In case of the online payment using a credit card, the Tariff shall be made available through the User Account immediately upon receipt of the payment. If the User selects to carry out a bank transfer to the account of the Operator of the Service, the Tariff shall be made available through the User Account within 24 hours after the payment is credited to the Operator’s account. The User, who is a consumer, may set up automatic payments in their User Account while such automatic payments for the selected Tariff will be carried out monthly/annually. The automatic payment setup procedure is listed on the Web Interface. By setting up the automatic payments in their User Account, the User grants their consent to the Operator to carry out the payment of the Price of the selected Tariff through the credit card according to the credit card data provided by the User to the Operator. The automatic payment can be cancelled in the User Account settings.
4.8. If the User is an entrepreneur, the automatic payment option will be preselected; it will enable monthly/annual automatic payments for the respective Tariff after the first payment is carried out. If the User (entrepreneur) is not interested in the automatic payments, the automatic payments can be cancelled in the User Account settings. The Automatic payments will use credit card data entered in the first payment and the User hereby grants his consent to such payment using the credit card. The payment settings can be changed in the User Account at any time.
4.9. If the Tariff is changed, the amount for the remaining unused months will be automatically used to pay for the selected new Tariff. The amount for a commenced month shall not be refunded and cannot be used to pay for a new Tariff.
5. Script Providing
5.1. The Script shall be provided through the User Account. The Script serves the purpose of using the Service for the term of the Service. The Script is the add-on of the form, it is not a source code of the whole form as such. The Service cannot be used without the proper use of the Script. The Script shall be provided to the User through the User Account after a project in the User Account is created for which the Service shall be used. The Script can only be used for a single domain and its subdomains of all levels.
5.2. The procedure of proper embedding of the Script to the User’s website or application is described in the User Account. Should You have any issues in embedding the Script, You shall contact the Operator.
5.3. Use of the Script can be further regulated by conditions listed on the Web Interface which shall always be clearly communicated to the User before the Script is provided.
6. Rights from Defective Performance
6.1. Should the Service be unavailable for a long time (i.e. more than 3 consecutive working days), or should the Service:
- not correspond to the description listed on the Web Interface or in these Terms and Conditions, or
- be not provided in the agreed time,
You shall have the rights from defective performance in accordance with the Civil Code (in particular Sections 1914 to 1925 of the Civil Code).
6.2. You shall be not entitled to defective performance if You were aware of the defect before the Service had been provided, in particular by providing false or incomplete input information or if the period of six months following the provision of the Service had elapsed.
6.3. File the claim immediately after any detection of the defect. The defect can be claimed within six months following the provision of the Service at the latest.
6.4. In case of defective performance, You shall in particular have the right to:
- free remedy (correction);
- reasonable price reduction;
- withdrawal from the Contract and refund of the Price of the unused part of the Tariff (in case the defect cannot be removed or we fail to handle the claim within 30 days following its filing).
Any other rights arising from valid legal regulations shall not be affected by this provision.
6.5. The claim shall be filed immediately after the detection of the defect. We accept claims at our registered office. Claims can also be filed by an e-mail or in writing. When filing a claim, we recommend You to describe the defect as accurately as possible and indicate the manner how the claim should be resolved according to your preferences. This will speed up the claim process.
6.6. Any received claim is resolved immediately, in more complex cases within three working days. The time required to professionally assess the defect is not included in such period.
6.7. We handle the received claims without undue delay, however no later than within 30 days following the claim date, unless agreed otherwise. You shall be provided with a written confirmation of filing and handling the claim.
6.8. In accordance with the Civil Code, You shall be entitled to reimbursement of reasonable costs in case of positive claim resolution. Please note that your right to reimbursement of such costs shall be exercised within one month following the end of the period in which a defect shall be notified.
7. Contract Term and Termination of Cooperation
7.1. The Contract is concluded for an indefinite period.
7.2. You can terminate cooperation by deleting your User Account at any time. In such case, You shall not be entitled to Price reimbursement and the unused part of Tariff shall be forfeited without compensation.
7.3. Other options to terminate cooperation between us shall be governed by legal regulation. In particular, it is possible to withdraw from the Contract in case of serious violation of these Terms and Conditions, violation of principles of morality and valid legislation. In case we withdraw from the Contract for the above reasons, You shall not be entitled to Price reimbursement, any unused and paid Tariff shall be forfeited without compensation and your User Account shall be deleted.
7.4. If our cooperation is terminated, You shall not be entitled to continue using the Script and You shall immediately remove the Script from all your data carriers or other places where it has been transcribed.
8. Protection of the Operator’s and Other Persons’ Copyrights
8.1. All rights to the Script and to the Service (including its name, codes, trademarks, software, videos, images, graphics, sounds, etc.) and its individual parts are the exclusive property of the Operator. You shall not be entitled to grant licenses or sublicenses or to copy, modify or create derivative works from the Script.
8.2. The content of the Operator’s website, the Script, content of the Service and web content related to the Service and all materials published on them and in related print media (promotional leaflets, videos, advertisements, texts, photographs, images, logos and more), including the Web Interface software and these Terms and Conditions, is protected by the Operator’s copyright and may be protected by other rights of other persons. You may not modify, copy, reproduce, distribute or use the content for any purpose without our previous written consent. In particular it is prohibited to publish, either against payment or free of charge, any photographs and text placed on the Web Interface.
8.3. Names and designations of products, goods, services, companies and corporations may be registered trademarks of their respective owners.
8.4. In case of non-compliance with this Article 8, we will proceed in accordance with the Act No. 121/2000 Sb., the Copyright Act, as amended, and with the Civil Code. In such case, we are in particular entitled to removal of defective condition, reasonable satisfaction, damages and/or the recovery of unjust enrichment.
8.5. We shall not be liable for errors arising from any interference with the Web Interface by third parties or as a result of its use contrary to its purpose. When using the Web Interface, You shall not use any procedures that could adversely affect functionality of the system or overload the system.
If You commit any unlawful or unethical conduct while using the Web Interface, we shall be entitled to restrict, suspend or terminate Your access to the Web Interface without any compensation. In such case, You shall also be obliged to fully compensate Us for the damage that Your conduct under this paragraph demonstrably caused.
The User acknowledges that clicking on some of the links on the Web Interface may result in leaving the Web Interface and redirecting the User to third party websites.
9. Information for Consumers
9.1. If You are a natural person who concludes the Contract beyond your business activity or beyond of independent performance of your profession, You shall be entitled to consumer protection under valid legislation, in particular the Civil Code and the Consumer Protection Act.
9.2. As a consumer, You shall be in particular:
- entitled to withdraw from the Contract concluded by means of distance communication, subject to certain conditions;
- entitled to receive information before concluding the Contract (such information is included in these Terms and Conditions or on the Web Interface);
- entitled to out-of-court settlement of the consumer dispute arising from the Contract;
- if your residence is outside the territory of the Czech Republic, you shall also entitled to a higher level of consumer protection provided by the legal order of the state of your residence if such legal order provides a higher level of protection than the legal order of the Czech Republic.
9.3. Right to Withdraw from Contract
In accordance with Section 1829 of the Civil Code, You, as a consumer, shall be entitled to withdraw from the Contract within 14 days following its conclusion. Please note, however, that by using the Script on your website or in your application, You ask for the provision of the Service before expiration of the 14-day period for withdrawal from the Contract under Section 1834 of the Civil Code. In case of withdrawal from the Contract, You shall still be entitled to a appropriate part of the agreed Price for the Service which has already been provided to You before such withdrawal from the Contract. This proportionate part of the Price shall count towards the money provided by You which we will refund to You reduced by such Civil part of the Price.
9.4. Recommended Manner of Withdrawal from the Contract and Consequences of Withdrawal
You can inform Us on your withdrawal from the Contract in any manner, however, a message to sent to our contact e-mail is recommended. After we receive information about your withdrawal from the Contract, we will immediately (within 14 days at the latest) refund all money which we received from You on the basis of the Contract, in the same manner as the money was sent to our account. Immediately after your notification on withdrawal from the Contract, we will also block your use of the Service. A sample form can be used to withdraw from the Contract.
9.5. Information of a Concluded Contract
The Contract is not concluded in writing with signatures of the parties. The Contract is formed by these Terms and Conditions, your order and its acceptance by Us. The whole Contract will be sent to You by an e-mail or, at your request, printed and sent by post. When sending by post, we may ask You to bear all related costs and expenses. We archive the Contract (including these Terms and Conditions) in an electronic form. The Contract is not accessible to third parties but we will send it to You at your request.
9.6. Out-of-court Settlement of Disputes Arising from the Contract
If the User is a consumer and a dispute arises from the contract between them and it cannot be resolved directly, the User has the right to contact the Czech Trade Inspection Authority (in Czech: Česká obchodní inspekce; registered office at Štěpánská 15, 120 00 Praha 2; website: www.coi.cz, www.adr.coi.cz; e-mail: [email protected]; tel.: +420 296 366 360) or the Sdružení českých spotřebitelů, z. ú. (registered office at: Tř. Karla IV. 430, 500 02 Hradec Králové, website: www.konzument.cz, e-mail: [email protected], tel.: +420 495 215 266) for the purpose of out-of-court settlement of the consumer dispute. This right may be exercised by the User no later than 1 year after the date on which the User first exercised with the Operator his right, which is the subject of the consumer dispute.
9.7. To lodge a complaint concerning the Operator’s services and to find an alternative dispute resolution entity, the User can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/.
10.1. You use the Script and the Service at your own risk. The Operator shall not be liable for any direct or indirect damage or injury, including the loss of stored data or loss of profits resulting from the use of or impossibility to use the Script or the Service. Notwithstanding the above, should the Operator be found to be obliged to compensate any damage or injury, such obligation shall be limited to the amount of Price of the Service.
10.2. The Operator shall not be liable for the manner in which you use the Script or the Service. In particular, it shall not be liable for your use of the Script or the Service contrary to valid legislation and non-fulfilment or incorrect fulfilment of your legal obligations.
10.3. You shall be responsible for your conduct related to the Script or the Service and their use always in accordance with these Terms and Conditions and with valid legislation. Your activity shall not be contrary to principles of ethics or public order and may not restrict the exercise of rights of a third person. You shall not make the Script or the Service available to any unauthorized third person. You shall not be entitled to sell, license, rent, assign or make available the Script or the Service to any third persons without our previous written consent.
10.4. Should You commit any unlawful or unethical conduct in relation to the use of the Script or the Service or should You violate the Contract, including these Terms and Conditions, the Operator shall be entitled to restrict, suspend or terminate the use of the Script or the Service without any compensation. In such case, You shall be obliged to fully compensate the Operator for the damage that Your conduct under this paragraph demonstrably caused.
10.5. Please note that the Operator shall be entitled to carry out regular maintenance of the Service, the User Account and the Script. In such case, the Service, the Script or the User Account may be temporarily unavailable. The Operator shall not be liable for any direct or indirect damage or injury which occurs as a consequence of the impossibility of using the Script, the Service or the User Account.
10.6. In case of any errors, the Operator shall make every effort to prevent data loss or damage. However, the Operator cannot guarantee permanent availability and integrity of data and shall not be liable for any modifications, losses or damage of stored data if it is caused by technical failures, your activity or attacks of third parties.
10.7. The Operator shall not be liable for errors arising from any interference with the Script or the Service by third parties or as a result of their use contrary to their purpose. When using the Script or the Service, You shall not use mechanisms, software, scripts or other procedures which could adversely affect their operation, i.e. in particular disrupt the functionality of the Script or the Service or overload them, and shall not perform any activity which could allow unauthorised interference with or unauthorised use of the software or other components constituting the Script or the Service and use the Script or the Service or any part of them or the software in a manner that would be contrary to their designation or purpose.
11. Final Provisions
11.1. Within the meaning of Section 1751 of the Civil Code, these Terms and Conditions form an integral part of the Contract concluded between You and the Operator and shall replace all previous declarations or any previous versions of these Terms and Conditions. Any deviating agreements of the parties shall take precedence over provisions of these Terms and Conditions.
11.2. As the subject matter of the Contract is a long-term and repeated provision of the same services, we shall be entitled to unilaterally alter the Terms and Conditions to a reasonable extent. In such case, we shall notify You by an e-mail on such alteration of the Terms and Conditions and our relationship shall always be governed by the current version of the Terms and Conditions. If You do not agree with the alteration, You shall be entitled to withdraw from the Contract without notice period. The current version of the Terms and Conditions shall always be available on the Web Interface.
11.3. The relationship between You and the Operator shall be governed by the legal order of the Czech Republic, in particular the Civil Code. If the legal relationship established by the Contract contains an international element, the Czech law shall be applicable.
11.4. In case of any dispute concerning the use of the Service, the Script, the Contract (including Terms and Conditions), or the use of the Web Interface (hereinafter the “Dispute”), both You and the Operator undertake to make every effort to an amicable settlement of the Dispute out of court. If the Dispute is not resolved within 30 days following the initiation of negotiations, the Dispute shall be resolved by competent courts of the Czech Republic.
11.5. By acceptance of these Terms and Conditions, You agree that without the Operator’s previous written consent, You shall not be entitled to unilaterally set-off of your claims towards the Operator against our claims towards You. You shall also not be entitled to assign or transfer the Contract or its part or any claim towards the Operator to a third person without the Operator’s previous written consent.
11.6. In case any provision of these Terms and Conditions is invalid, ineffective or inapplicable (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, shall apply. Invalidity, ineffectiveness or inapplicability of one provision shall not affect the validity of the remaining provisions of these Terms and Conditions or the Contract.
The Terms and Conditions shall be valid and effective as of 1 .6. 2019