Vilkår og betingelser

Terms of use of the Freelo service

Ahoy!

We are Freelo Bay s.r.o., ID 074 46 144, residing in Na Spravedlnosti 2853, Zelené Předměstí, Pardubice, 530 02, registered at the Regional Court, in Hradec Králové, Section C, File 42420, and we operate the Freelo service (hereinafter “the service” or “Freelo”).

We provide the service using the web interface available at www.freelo.cz and our application. Our service is intended exclusively for business owners/entrepreneurs.

Based on the order, we will conclude a contract for the provision of services, which also includes these conditions. If we agree on something different from these conditions, our agreement will take precedence.

1. Order of the Freelo Service

1. We provide our service to business owners/entrepreneurs. If you want to use the service as an individual, by agreeing with these General Terms and Conditions you acknowledge that you will use the service in accordance with its intended purpose – for your business purposes – not as a consumer.
2. We provide you the service based on your order.
3. The contract between us will be concluded between us once we deliver our confirmation of the provision of the service or by activation of the service itself. We can reject the order.
4. When registering into the Freelo account, you are required to provide us with the correct and true data and to update them with each change of the data. The data you provide us with we take for true and correct.
5. If there is any doubt as to who is the contracting party (the customer of the service) and therefore whose data is entered into Freelo, we consider the contracting party to be the entrepreneur from whose payment account the service was paid.

2. Scope of Use of Freelo

1. To try our service, you can use the Trial Version. After its end, you can choose and switch to one of several plans. Each client can use the Trial Version only once.
2. After the Trial Plan is over, the Free Plan is automatically activated unless you chose another plan.
3. The scope of the service is chosen by purchasing the appropriate plan.
4. If you are using the Free Plan, we have the right to change the scope of the provided service without prior notice. We also have the right to restrict or terminate the provision of the service. If you do not show any signs of activity within the service for 3 months, we have the right to delete all your data.
5. You can change the plan you are using. If you switch to a cheaper/lower plan, take into consideration the fact that the service will have restricted features, which might result in losing your data.
6. You can use the service for your subscription period according to the plan you choose. After the expiry of the pre-paid period, we will switch the service to the Free plan mode.
7. We may modify and change the Service and its functionalities without prior notice, in particular with regard to service developments.
8. We will include new functionality in the relevant plans at our discretion. There is no legal entitlement to them.
9. If we charge a new fee (or change the price) for any features in the future, we will notify you. If you do not agree with the price, you have the right to terminate the service on the expiry date of the subscription period.
10. We grant you a non-exclusive license to use Freelo, but only to the extent necessary for your use of the Service in accordance with the Agreement and the Terms and Conditions. The authorisation is for the period of time that you have paid for the service.

3. Prohibited Use of Freelo

1. You may not use Freelo for purposes other than those we have specified, in particular not for unlawful or competing purposes. If you use Freelo to gain a competitive advantage (for example, to take advantage of the unique principles on which Freelo is based), you will be violating our copyright and these Terms, and it may also be unfair competition.
2. Unless we give you permission to do so, you may not access Freelo by any automated tools (e.g., using bots, software, and other similar tools) unless this is inherent in the very nature of Freelo and its normal uses (e.g., APIs). We also prohibit any interference with the normal operation of the Service, including any attacks, changes to TCP/IP protocols, or intentional transmissions of excessive amounts of data that may place an undue burden on the infrastructure of our Service.
3. We prohibit the spreading of any viruses or the development of any other illegal activity.
4. We also prohibit the performance of penetration tests or vulnerability analyses of software or any of our services. We prohibit conduct that compromises or restricts or otherwise negatively affects the stability and availability of our Service.
5. If you provide us with any content (e.g., personal information, order information) while using our service, we assume that you have the right to upload any such content and have resolved any third party rights. If we suffer any damage as a result of your conduct, we may seek to recover this from you.
6. Our website, app, graphics or other content is subject to copyright. We monitor and take legal action against infringements.

4. Payment Terms

1. The price for providing Freelo varies according to the plan chosen. Descriptions of the paid plans can be found here.
2. The current price list is available on the Freelo website. It is binding as it stands at the time you submit your service order or at the time you renew our services.
3. The amount can be paid as a cashless payment (when paying for services for a year in advance) or by card online.
4. Please follow the instructions for each payment method, if applicable, when making your payment.
5. The price is paid when the relevant amount is credited to our account. We may not allow you to use the service until then.
6. We will issue you a tax document (invoice or advance invoice) for each payment that meets the requirements of tax and accounting regulations. We will send the tax document to the email address you provided in your order.
7. We are VAT payers.
8. The service is paid on the principle of recurring payments:
1. after making the first payment according to the instructions on the web interface, we will ask you to authorize the payment settings,
2. thereafter, the fixed payment (according to the valid price list) will be made at the selected intervals (always on the 30th day after the first payment) without the need for any further data input from your side,
3. if you wish to stop payments, you can inform us at any time via our contact email or by changing the option in your user account. We will confirm your request without delay. No further payment will be charged.
4. Recurring payments are also terminated if your credit or debit card expires,
5. if you wish to renew your recurring payments after they have been terminated, you must make a new authorisation,
6. if your payment is charged even after you have requested termination, please contact us and we will resolve the matter promptly,
7. if there are any changes to your recurring payments, we will let you know via your email.

5. Termination of Service

1. You can terminate your use of Freelo at any time in the future, just cancel your account in the user interface. However, if you terminate your subscription service, you are not entitled to a refund of the price you have already paid or any part thereof.
2. If you are more than 14 days in arrears with your payment, we may restrict or cancel your service (and user account) without a prior notice.
3. We may restrict or cancel the Service (by cancellation) without refund of the price paid if:
1. You use it for an unlawful purpose or in a manner contrary to good morals,
2. you violate the rights of third parties,
3. you substantially or repeatedly violate our terms and conditions,
4. you violate legal regulations,
5. you make unauthorized use of knowledge of the ideas and principles, configuration or methods on which Freelo is based.

We may make a restriction or withdrawal immediately, without prior notice. Withdrawal does not affect your obligation to pay the price for the service we have provided to you in part or in full. Withdrawal also does not affect your liability for damages, including non-pecuniary damages, or other provisions which by their nature should remain in force.

1. We have the right to terminate the provision of the service for compelling reasons upon prior written notice to you at the email address provided in the order. We will give you 2 months' notice. Such a situation may arise, for example, in the event of a shutdown of our service.
2. After cancellation of your account, we will keep all your uploaded content in backup for 1 year. However, there is no legal entitlement to this. If you do not choose to return to the service, we will then remove the content unless we agree on a different course of action.
3. If you don't cancel your account, but just don't log in for a long time, we will delete the data within 5 years of the last login.

6. Compensation for Damages

1. Please note that it is your responsibility and therefore we are not responsible for the fact that:
1. you have not had the right to upload the relevant content to the Service (in particular in terms of data protection, property rights, copyright, unfair competition, etc.) or that the content is made available to unauthorised persons/public;
2. the uploaded content infringes the rights of third parties;
3. the uploaded content and the handling of the uploaded content is contrary to law or good morals.
2. Our website, application, service and therefore the client account may not be available continuously, in particular with regard to necessary maintenance of hardware and software equipment or necessary maintenance of hardware and software equipment of third parties or in the event of failure of third-party services or other events, which may also be on our side. In the event of such downtime, we shall not be liable for any damages. However, we always deal with them promptly. Should we ourselves cause an outage of service for more than 24 hours, we will provide you with a discount in proportion to your subscription hours for that month. However, we do not provide any other compensation in addition to this discount.
3. We will notify you of planned major outages in your user account.
4. The functioning of our service also depends on the proper functioning of third party services and facilities. We cannot control this and therefore if third parties cause our service to not function properly, we are not responsible for this. We always recommend using the latest operating systems and updated browsers.
5. Please also bear in mind that if you make your account content available to third parties, this content may be used (or altered or deleted) by third parties. We cannot be held responsible for this either. Keep your data safe.
6. We back up your data and content. However, you should also back up your data on your own storage.
7. If we are damaged by your breach of these Terms, you agree to cooperate to mitigate such damage and to compensate us, including for non-pecuniary damages.

7. Liability for Defects

1. If you consider that the service for which you have paid us is defective (does not correspond in scope or quality to the agreed terms and conditions), you can make a claim in accordance with the law. If the defect is remediable, you may seek redress or a reasonable discount. If the defect cannot be remedied, you can claim a reasonable discount.
2. To make a claim, email: info@freelo.io.
3. Please include a description of the defect, which account the defect relates to and how you wish to resolve the complaint. We will look into it.
4. If you report a service outage to us, you are required to communicate with us in resolving it, respond to our messages and inquiries, and provide us with the information and access we need to resolve the problem promptly, within 2 days.
5. Please note that we are not responsible for any problems with the Service that are attributable to you. This includes, but is not limited to, improper intervention by you or persons authorized by you, third party services, server or hosting infections, internet outages, malfunctioning hardware, malfunctioning or not updated operating system or program, etc.

8. Conclusion

1. We provide the service electronically and so we will also communicate with you through online services and online communications. Therefore, if the law requires certain legal actions to be in writing, we will consider email communications to be in writing. Delivery occurs when the electronic message is sent to the relevant email address of the addressee. Your email address is the one that is listed in your user profile, unless we agree otherwise.
2. In order to provide the service, we need to process your personal data. As part of providing our services, we will also process personal data of which you are the so-called administrator. The processing agreement in the attachment is therefore part of these terms and conditions.
3. We may modify the service at any time, without prior notice, even where a contractual relationship exists between us. If such a change involves a change of solution on your part, you need to apply such change for proper functionality.
4. We may change these terms and conditions to the extent necessary, mainly due to changes in laws or Freelo's functions. We will notify you of major changes by email at least one month before the intended effective date of the change. If you do not object within one month of notification, we will continue to provide the Services on the new terms. If you indicate your disagreement, our contractual relationship will be terminated upon expiration of the subscription service. Expression of disagreement does not affect the fulfillment of previous unfulfilled obligations.
5. These terms and conditions are governed by Czech law.
6. We will not apply the provisions of § 2389a to § 2389u of the Civil Code.
7. The language of our communication is Czech or English.
8. You may not assign any rights and claims against us to a third party without our consent.
9. For any disputes, the Czech courts of the location of the Freelo service provider are competent.

Attachment: Processing contract

If Freelo is a processor of personal data of which you are the controller for the purposes of the GDPR, the following terms and conditions of data processing (processing agreement) apply to Freelo:

1. For the client, Freelo may process personal data that is located in Freelo or to which Freelo has access for the development/improvement/maintenance of the service for the client. This is most often employee/customer/supplier data such as name, surname, photo, contact details (phone number, email address), data uploaded by users to Freelo.
2. Freelo only processes personal data for the purpose of providing its service, unless we agree otherwise individually. Freelo will process the data for the client for the duration of the provision of its Freelo services in which the data is located. The data is under the control of the client and Freelo only works with it on the basis of the client's instructions or on the basis of instructions from public authorities (based on legal regulations).
3. Freelo has taken the maximum possible technical, organizational, security and other measures to prevent unauthorized or accidental access to, alteration, destruction, loss or other unauthorized use of the data.
4. Freelo has ensured that employees and other persons authorized to process data process data only to the extent and for the purpose of the performance of the contract and in accordance with the law.
5. Freelo undertakes to rectify, update, delete or move personal data (within the scope of the functionalities of the service) at the Client's request.
6. Freelo will act with professional care in fulfilling its obligations under the GDPR.
7. Freelo may involve other processors in the processing of personal data, in particular IT service providers necessary and currently available on the market for the purposes of maintenance, operation and development of Freelo products and services, who meet the standards set by the European Union, without additional explicit specific permission from the Client.
8. In the event that another service is implemented in the Freelo product, the Client acknowledges and agrees that the data will be processed by the provider of such service (third party) according to its operating conditions.
9. In the event of termination of the Freelo service (cancellation of the account) in which the personal data is located, Freelo will no longer actively process the personal data. We usually keep them in backups for 1 year, should you change your mind about returning. After that, we delete them irretrievably, unless the law requires us to keep them (for example, due to criminal proceedings, etc.).
10. Freelo undertakes to maintain the confidentiality of the data, in particular not to disclose, disseminate or pass it on to other persons outside the employment relationship or to other authorized persons. Freelo shall ensure that its employees and other authorized persons also observe the confidentiality obligation. This obligation of Freelo continues even after the end of our cooperation.
11. Freelo will provide you with a reasonable audit opportunity to demonstrate that it is complying with its processing obligations. In this case, the date of the audit must be agreed at least 30 days in advance, the audit must not interfere with Freelo's operations, and the costs associated with the audit will be borne by the client.
12. Freelo is further obliged to maintain the confidentiality of the security measures taken to ensure the protection of personal data, even after our cooperation has ended.