Terms & Conditions

DEFINITION OF KEY TERMS

Operator – the company Digital Hotspot CZ s.r.o., IČO: 177 75 710, with registered office at Radlická 663/28, Smíchov, 150 00 Praha 5, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 376505.
Website – the Operator's website at https://www.capitain.cz/.
Platform – the platform available at https://capitain.app/.
Client – a natural person carrying on a business or a legal entity that has its registered office or carries on business or similar activities in the territory of the Czech Republic or the Slovak Republic, and which enters into a Contract with the Operator.
Contract – a contract for use of the Platform concluded by the procedure set out in these Terms & Conditions, the content of which is determined by these Terms & Conditions.
Contracting Parties – the Operator and the Client.
Customer – a customer of the Client.
Customer Data – data (including personal data) relating to the Customer which the Client, as the controller of such data, uploads to the Platform.
User – a user sub-account created by the Client within its Account for the Client's employees or other persons participating in the Client's activities on behalf of and for the account of the Client. Users are not independent Clients.
Subscription – a subscription entitling the holder to Full Access to the Platform on the terms set out in these Terms & Conditions.
Free Version – access to the Platform that is free of charge and serves to try the Platform before purchasing a Subscription. The provision of the Free Version is at the Operator's discretion and there is no legal entitlement to it. The Free Version is time-limited. Certain Platform functionalities may be restricted within the Free Version.
Full Access – access to the Platform on the basis of a Subscription.

SUBJECT MATTER OF THE TERMS & CONDITIONS

These Terms & Conditions govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of the Contract concluded between the Operator and the Client, under which the Operator enables the Client to use the Platform, the conditions of which are governed by these Terms & Conditions. The provisions of these Terms & Conditions form an integral part of the Contract from the moment the Contract takes effect.
Provisions deviating from these Terms & Conditions may be agreed only in writing. Such deviating provisions form part of the Contract and take precedence over the provisions of these Terms & Conditions.
These Terms & Conditions apply to use of the Platform exclusively by natural or legal persons who, when concluding the Contract and using the Platform, act in the course of their business activity or in the course of their independent exercise of a profession (i.e. as traders) and at the same time have their registered office or carry on business or similar activities in the territory of the Czech Republic or the Slovak Republic. The Platform is not intended for natural persons acting as consumers, nor for legal entities or self-employed natural persons that do not have their registered office or do not carry on business or similar activities in the territory of the Czech Republic or the Slovak Republic.

PLATFORM

The Platform is available at https://capitain.app/. The Platform may be used exclusively on the basis of a concluded Contract through the Website on the conditions set out below.
The Platform is available in the mode of software as a service exclusively via remote access (through the relevant Website) and the Client shall not receive any copy of the Platform; the Client may access the Platform only by means of remote access.
The Platform is a fully automated tool and all use of its functions by the Client is the responsibility of the Client.
For the Platform to function, the Client may upload to the Platform its data, materials, documents, Customer Data, and other content for the purpose of processing by the Platform and the provision of Platform functionalities, which include, for example, extraction of information from materials uploaded directly by the Client or a User to the Platform, or through other services.
The Operator undertakes to make reasonable efforts to ensure that the Platform is available and functional. However, the Client acknowledges that, despite such efforts by the Operator, the Platform may not always be fully available, in particular due to necessary maintenance of the Operator's or third parties' hardware and software. The Operator shall not be liable for any loss suffered by the Client as a result of the Platform being unavailable or non-functional.
The Operator is entitled at any time to make changes to the content and functions of the Platform, including discontinuing them. The Operator will notify the Client of such changes in advance where possible, but changes may also be made without prior notification. This occurs automatically and these Terms & Conditions also apply to the updated Platform. The Client is not entitled to refuse changes, as the Platform is provided "as is". However, the Client has the option to terminate use of the Platform in accordance with these Terms & Conditions. The Operator is not, however, obliged to provide the Client with updates to the Platform.

CONCLUSION OF THE CONTRACT

The Contract is concluded on the basis of an order in the form of registration by the Client made via an electronic registration form applying for the Free Version available on the Website (hereinafter the "Registration"). In the Registration the Client must complete all information required by the electronic registration form as mandatory. The Client is obliged to provide only correct, complete, and up-to-date information.
Where the Client is a legal entity, the Contract is concluded on its behalf by a natural person who is authorised to act on behalf of the Client in this scope (hereinafter the "Authorised Person"). By submitting the Registration the Authorised Person confirms that they hold all necessary powers of attorney and authorisations to act on behalf of the Client in this manner. The Authorised Person is not a party to the Contract; the Client is always the sole contracting party.
By submitting the Registration the Client confirms that they have read these Terms & Conditions and agree to their content, as also confirmed by ticking the relevant checkbox. The Client also confirms that they acknowledge the Personal Data Processing Terms available for inspection on the Website.
Upon receipt of the Registration form by the Operator, the Operator shall contact the Client with an offer to conclude the Contract; the Operator may offer the Free Version or, at its discretion, a Subscription directly. If the Client raises objections to the offer or proposes changes to it in response to the Operator's offer, the Operator must expressly agree to such changes; otherwise the Contract cannot be concluded.
The Contract shall be concluded provided that the Operator and the Client have agreed on its terms and:
1. in the case of an offer of the Free Version, at the moment of the Authorised Person's first log-in to the Platform;
2. in the case of an offer of a Subscription without a Free Version, upon proper payment of the Subscription Price; in this case the Operator shall grant the Client access to the Platform under the Subscription from the date agreed on the basis of the Subscription offer, but no later than 3 (three) days from conclusion of the Contract.
The Operator reserves the right to interrupt or terminate negotiations regarding the Registration at any time; Section 1729 of the Civil Code shall not apply.

CLIENT'S ACCOUNT, USERS

Upon conclusion of the Contract, the Client shall be sent to the e-mail address provided in the Registration, without undue delay after conclusion of the Contract (in the case of the Free Version, once the Operator and the Client have confirmed the terms of the Free Version with a link), an e-mail with a link to set up their user account via a third-party service, through which they will be able to access the Platform and use its functionalities (hereinafter the "Account").
An Account always belongs to a single Client – a business entity (natural or legal person) with its own registration number. Each Client may set up only one Account.
The Client is responsible for the correctness and accuracy of all information provided in the Account. The Client is obliged to update any such information without undue delay upon any change. The Operator shall not be liable for any loss arising if the Client enters incorrect or inaccurate information in the Account or fails to fulfil its obligation to update information within the Account pursuant to this paragraph.
Access to the Account requires the correct entry of the Client's login credentials. The Client is obliged to keep their login credentials properly protected and to prevent any third party from gaining unauthorised access to the access credentials (persons authorised to act on behalf of the Client are not considered third parties). The Client is liable for any loss arising from inadequate protection of their login credentials. In the event of suspected disclosure or misuse of access credentials, the Client must change their access credentials without undue delay and simultaneously contact the Operator at podpora@capitain.app. The Client bears full responsibility for all activity occurring on their Account, regardless of whether it is carried out by the Client, Users, another person authorised by the Client, or any other third party.
The Operator shall not be liable for any loss arising as a result of unauthorised access to the Account by a third party due to the Client's failure to comply with its obligations under these Terms & Conditions.
The Client is entitled within the Account to create Users – sub-accounts for the Client's employees, or for other persons who access the Platform for the purpose of carrying out activities performed on behalf of and for the account of the Client. The maximum number of Users that the Client may create within their Account is determined by the specific terms of the Subscription used by the Client. Individual Users may be assigned certain roles and their user permissions may be restricted depending on the Client's decision and the Platform's capabilities. The Client is responsible for use of the Platform by Users as if they had acted personally; the conditions for use of the Platform through Users are governed analogously by the conditions for use of the Client's Account. The Client is not entitled to allow third parties who do not carry out activities on behalf of and for the account of the Client to access the Platform. The provisions of clause 5.3 of these Terms & Conditions apply analogously to Users with regard to the provision of access credentials and the changing of passwords.

FREE VERSION

At the Operator's discretion, the Client may first be provided with the Free Version, for the period agreed in the Contract.
The Client acknowledges that within the Free Version not all Platform functions may be available without restriction.
If the Client fails to properly pay the Subscription Price by no later than the last day of the Free Version, the Contract is automatically terminated and the Client will lose the ability to use the Platform; upon termination of the Contract the Operator will delete all of the Client's data and Content from the Platform and the Client shall have no claims against the Operator in this respect. If the Client properly and timely pays the Subscription Price (i.e. the payment is credited to the Operator's account) by no later than the last day of the Free Version, the Client will be entitled to use the Platform under Full Access, within the scope of their Subscription, from the first day following the last day of the Free Version. The period for which the Subscription has been paid starts running from the first day of Full Access to the Platform.

SUBSCRIPTION PRICE AND OTHER PAYMENTS

During the Free Version period the Operator enables the Client to use the Platform free of charge.
Under Full Access the Operator enables use of the Platform on a paid basis, where the price for use of the Platform is set by a price list agreed between the Operator and the Client as part of the Subscription offer submitted by the Operator (hereinafter the "Price List"). The Operator may adjust or change the Price List if necessary; the Operator will always notify the Client of any changes to the Price List with sufficient advance notice. Any changes to the Price List shall not affect the Subscription Price already paid.
The Client undertakes to pay for Full Access to the Platform the price of the agreed Subscription (referred to in these Terms & Conditions as the "Subscription Price").
Except in the case of automatic renewal of the Contract in accordance with clause 14.2 of these Terms & Conditions, the Subscription Price is payable in advance for the duration of the Subscription. Without proper payment of the Subscription Price the Operator will not provide the Client with Full Access to the Platform.
In respect of payment of the Subscription Price the Operator will issue the Client with a tax document meeting the requirements of applicable legislation.
All prices in the Price List are stated exclusive of value added tax. Value added tax will be added to all prices at the statutory rate. For VAT purposes, the date of supply of partial taxable supplies shall be the last day of the calendar month in which the supply under the Contract was provided.
All payments by the Client under the Contract shall be made by bank transfer to the Operator's bank account stated in the Price List or, where the Platform permits at the relevant time, by online card payment through a payment gateway. Payments are deemed made on the day the relevant amount is credited to the Operator's bank account.
The Operator accepts payments in the following currencies: CZK for Clients with their registered office or carrying on business or similar activities in the territory of the Czech Republic, EUR for Clients with their registered office or carrying on business or similar activities in the territory of the Slovak Republic.
The costs of obtaining access to the Platform (in particular internet connection charges), bank charges for cross-border payments, and all currency conversion costs (where the Client pays in a currency other than one of those referred to in clause 7.8) shall be borne by the Client.

RIGHTS AND OBLIGATIONS OF CLIENTS

The Client undertakes to use the Platform exclusively in accordance with applicable legislation and these Terms & Conditions. The Client is not entitled to use the Platform for any other purposes or in any other manner than as set out in these Terms & Conditions. In particular, the Client undertakes that it shall
1. not, in using the Platform or in connection therewith, infringe the rights of third parties or the Operator,
2. not interfere with the Platform without authorisation, and shall not attempt to gain access to the Platform by any means other than the designated login credentials and through the relevant interface; in particular it shall not in any way reproduce, modify, decompile, or otherwise interfere with the Platform, its related source codes, and documentation, unless it has been expressly authorised to do so in writing by the Operator,
3. not use the Platform in a manner that could damage it.
4. not conceal, disguise, or falsify its identity.
Clients are prohibited, in the course of using the Platform, from uploading to the Platform, processing through the Platform, or otherwise using or distributing through the Platform any content that infringes the rights of third parties or is for any reason unlawful, or is not relevant to the ordinary use of the Platform, in particular content that:
1. infringes intellectual property rights (in particular rights in trade marks, industrial designs, trade names, copyright, or rights related to copyright) or constitutes an act of unfair competition,
2. incites the commission of a criminal offence or other tortious act, approves of such conduct, or otherwise supports the perpetrators of such activity,
3. interferes with the personality rights of third parties, e.g. contains false information about a third party that could damage that person, unlawfully depicts their likeness, or otherwise uses other protected personal characteristics,
4. contains pornographic content or content that is contrary to public order or good morals,
5. supports or promotes terrorist or extremist movements or other movements aimed at suppressing human rights and freedoms,
6. is contrary to personal data protection legislation.
The Client bears full responsibility for all content that it uploads to the Platform in connection with use of the Platform. The Operator is not obliged to filter or review the Client's content in any way. This does not affect the Operator's ability at any time to suspend the Client's ability to upload further content to the Platform, or to suspend the display of content or delete the Client's content that infringes in particular Czech or EU legislation, these Terms & Conditions, or the rights of third parties or the Operator (hereinafter "Unlawful Content"), for the purpose of complying with the Operator's legal obligations (in particular where the Operator discovers that the Client's content infringes applicable legislation in any way). The Client shall have no claims against the Operator in this respect.
In accordance with clause 8.3 of these Terms & Conditions, the Operator will act upon receipt of an order from a state authority to take measures against Unlawful Content. The Operator shall notify the Client whose content is concerned of receipt of such an order. The Operator will also notify the Client if the Operator receives an order from a state authority to provide information about a given Client.
If the Client or a User encounters Unlawful Content on the Platform, the Client is obliged to notify the Operator of the Unlawful Content immediately, by e-mail to podpora@capitain.app. The Client is obliged to include in the e-mail the date, time, description of the Unlawful Content, including the reasons for its unlawfulness, and a link to or screenshot of the content (hereinafter the "Notification"). The information provided by the Client in the Notification must be accurate and complete. The Operator will confirm receipt of the Notification to the Client. The Operator will then review the Notification and, if it finds it justified, will take the necessary measures to prevent the occurrence of Unlawful Content on the Platform in accordance with clause 8.3 of these Terms & Conditions. The Operator will inform both the Client who submitted the Notification and the Client against whose Unlawful Content the measure was taken, providing the latter with the reasons for the measure.
In the event that the Client's Content infringes the rights of third parties in any way, the Client is obliged, upon the Operator's request, to indemnify the Operator for all loss suffered by the Operator in connection with the infringement by the Client's Content of the rights of third parties (including all costs of court or other proceedings). The Client further undertakes to obtain, at its own expense, all rights for the Operator as set out in these Terms & Conditions so that the Operator may continue to properly perform the Contract. Any further potential claims of the Operator under applicable legislation are not affected by this. The Client shall also, at its own expense, defend the Operator against all potential claims by third parties brought against the Operator or its clients or business partners in connection with the Client's Content uploaded to the Platform that infringes intellectual property rights.
In the event that the Operator suspects that the Client has breached the Contract (in particular breached the conditions of use of the Platform, is in default with payment of any amount due under the Contract, etc.), the Operator is entitled to immediately suspend the Client's ability to use the Platform and/or its individual functions, until the suspicion is resolved or the Client remedies the breach. Any further claims of the Operator are not affected by this.

USER AND PROPRIETARY RIGHTS IN THE PLATFORM

The Platform is a copyright work within the meaning of Act No. 121/2000 Coll., on copyright, on rights related to copyright, and on the amendment of certain acts (the Copyright Act), as amended (hereinafter the "Copyright Act"). On the basis of the Contract the Operator grants the Client authorisation to exercise the right to use the Platform in the form in which the Platform is available at the relevant time, for the duration of the Contract, exclusively for the purposes of using the Platform in accordance with these Terms & Conditions, and exclusively in the manner corresponding thereto.
The Client is not entitled to make the Platform accessible to third parties, with the exception of making the Platform accessible to Users who participate in the Client's activities on behalf of and for the account of the Client.
The Client is not entitled to interfere with or modify the Platform in any way, combine it with another work, or include it in a collective work. The Client is not entitled to make any copies of the Platform.
The Client and the Operator exclude all statutory licences or free uses in favour of the Client that may be excluded by agreement of the parties.
If, in the course of the Operator's performance under the Contract, any output is created that is protected under the Copyright Act or as any other protected intangible asset, such output shall become part of the Platform and the conditions for use of the Platform shall also apply to such output.
This Article 9 shall apply analogously to protected intangible assets other than works protected under the Copyright Act that form part of the Platform and are provided by the Operator.
The Platform includes integrations with third-party services; the terms of use of such third-party services are governed by the terms of the relevant third party, which the Client may review with the providers of those third-party services.

USER AND PROPRIETARY RIGHTS IN CLIENTS' CONTENT

If the Client uploads to the Platform or otherwise provides the Operator with any protected intangible asset for the purpose of performance of the Contract (in particular as a copyright work or an artistic performance) (hereinafter the "Client's Content"), by uploading the Client's Content to the Platform or by delivering the Client's Content to the Operator, the Client grants the Operator a non-exclusive licence to use the Client's Content, for the duration of the Contract (at most for the duration of the proprietary rights in the Client's Content), worldwide, and for the purposes of performing the Contract and ensuring the operation of the Platform, to the extent and by the means necessary for that purpose. The Operator is entitled to grant a sub-licence to a third party. The Client hereby simultaneously grants the Operator consent to assign the licence to a third party. The Client grants the licence to the Client's Content as royalty-free and is not entitled to any remuneration in connection with its grant or the Operator's use of the Client's Content. The Contracting Parties exclude any entitlement to any additional remuneration for the grant of the licence to the Client's Content, unless such entitlement cannot be excluded by agreement of the parties.
Where necessary for performance of the Contract, the Operator is entitled to modify and process the Client's Content, including by means of artificial intelligence, combine it with other works, or include it in a collective work, or complete unfinished Client's Content.
In the event that content provided by the Client meets the criteria of any further legally protected intangible asset, the legal relationship between the Client and the Operator arising therefrom shall be governed primarily by the principles set out in this Article 10, in particular as regards the right of the Operator to use the content and remuneration for creating such a product.

WARRANTIES, LIABILITY

The Platform is provided "as is". The Client waives all claims arising from defective performance by the Operator in connection with the Platform, to the extent permitted by Czech law.
The Operator will make the necessary efforts to ensure the accuracy, precision, and completeness of the data and outputs displayed in the Platform. The Client or User must act accordingly when dealing with such data and outputs. The Operator shall not be liable for actions taken by the Client or User on the basis of the Platform's outputs.
The Operator's liability for any loss suffered by the Client in connection with use of the Platform is limited to the Subscription Price paid on a pro-rata basis for the last 6 (six) months of use of the Platform preceding the occurrence of the loss. To the maximum extent permitted by Czech law, the Operator shall not be liable for any non-pecuniary loss or loss of profit suffered by the Client in connection with the operation of the Platform. In particular, the Operator is not obliged to compensate the Client for any loss arising:
1. as a result of inability to use the Platform;
2. from a change to these Terms & Conditions;
3. from the loss, theft, disclosure, or misuse of the Client's access credentials to their Account;
4. as a result of use of the Platform contrary to these Terms & Conditions or applicable law;
5. as a result of use of the Platform that is inherently dangerous in nature;
6. as a result of use of a service or product provided by a third party;
7. independently of the Operator's will;
8. from incorrect functioning of the Platform, e.g. incorrect or incomplete extraction of information from uploaded materials.
The Client acknowledges that the Operator makes reasonable efforts in performing the Contract to ensure the security of information transmitted through the Platform. However, the Operator shall not be liable for any breach of the security of the Platform or transmitted information that occurred independently of the Operator's will despite the Operator's reasonable efforts to secure the information.
The Client is obliged to take all appropriate measures to protect its data, in particular by creating backups in machine-readable formats at intervals customary in the relevant field of activity, but at least once a day. The Operator shall not be liable for the loss of the Client's data or its recovery if such loss could have been prevented by fulfilment of the obligation set out in this provision.

TECHNICAL SUPPORT

The Client is entitled to contact the Operator for the purpose of resolving issues with the Platform's functionality, in particular in cases where the Platform or its functions are unavailable. To contact the Operator in these cases the e-mail address podpora@capitain.app may be used. Client reports will be addressed on business days between 08:30 and 16:30.
The Operator will inform the Client of the outcome of the resolution of their request by the same means used by the Client to make contact.

PROTECTION OF INFORMATION

The Contracting Parties are aware that in the course of performance of the Contract they may provide each other with information that will be considered confidential. Unless the Contracting Parties expressly agree otherwise in writing, all information that is or could be part of a Contracting Party's trade secret shall be confidential, i.e. for example information about Customers, Customer Data, information about business and marketing practices and strategies, know-how, contracts with third parties, business partners, employees, and internal affairs, information about individually agreed terms of the Contract and about performance of the Contract, as well as all other information whose disclosure could cause loss to a Contracting Party (hereinafter "Confidential Information").
All Confidential Information of a Contracting Party shall remain the exclusive property of that Contracting Party and the other Contracting Party shall apply the same effort to maintaining its confidentiality and protecting it as it would apply to its own Confidential Information. Except to the extent necessary for co-operation in performing the Contract, the Contracting Parties undertake not to reproduce in any manner the other Contracting Party's Confidential Information, not to disclose it to any third party, nor to their own employees and representatives except those who need to be acquainted with it in order to perform the Contract. The Contracting Parties also undertake not to use the other Contracting Party's Confidential Information other than for the purpose of performing the Contract.
The provisions of this Article shall not be affected by the termination of the Contract for any reason and shall remain effective for 10 (ten) years after the termination of the Contract.

DURATION AND TERMINATION OF THE CONTRACT

The Contract is concluded for the duration of:
1. where a Free Version is provided, for the duration of the Free Version agreed in the Contract. If the Client properly pays the Subscription Price by no later than the last day of the Free Version, the Contract shall be automatically extended for the duration of the relevant Subscription. An additional period of up to 2 (two) weeks may be granted for payment of the Subscription Price, during which the Client will still be able to use the Free Version. Such period is granted by the Operator in practice by continuing to allow the Client to use the Free Version.
2. where no Free Version is provided, for the duration of the relevant Subscription.
The Contract shall be automatically extended for the next Subscription period, unless the procedure under clause 14.3 of these Terms & Conditions applies. In the event that payment of the Subscription Price for the next Subscription period does not occur within 2 (two) weeks of the date on which the automatic extension took effect, the Operator is entitled to terminate the Contract without notice. In accordance with clause 7.5 of these Terms & Conditions, no invoice will be sent to the Client for payment of the Subscription Price.
Either Contracting Party is entitled to notify the other Contracting Party in writing that it does not wish the Contract to be automatically extended, no later than 1 (one) month before the end of the currently running Subscription. In such case the Contract shall not be extended and shall terminate on the last day of the current Subscription; the Operator shall refund to the Client any Subscription Price already paid for the following period within 1 (one) month of the termination of the Contract.
The Operator is entitled to terminate the Contract by written notice with immediate effect in the event that the Client has materially breached the Contract, provided that the Operator has previously notified the Client of such breach by e-mail and the Client has not remedied it within a reasonable additional period granted by the Operator, which shall be no shorter than 3 (three) business days. A material breach of the Contract shall be deemed to include in particular (without limitation):
1. the Client's default in performing its obligations under the Contract lasting longer than 2 (two) months, including default in payment of any amount due under the Contract;
2. breach of the conditions of use of the Platform set out in the Contract;
3. a finding that any of the Client's representations in the Contract is untrue, incomplete, or inaccurate; or
4. breach of the obligation to protect Confidential Information.
The Operator is entitled to terminate the Contract without further formality in the event that the Client ceases to meet the conditions set out in clause 2.3 of these Terms & Conditions, i.e. if the Client's business activity is terminated or if it is no longer carried on in the territory of the Czech Republic or the Slovak Republic.
Either Contracting Party is entitled to terminate the Contract without further formality in the event of the other Contracting Party's entry into liquidation or a final declaration of insolvency in respect of the other Contracting Party's assets.
The Contracting Parties exclude any statutory rights of withdrawal from or termination of the Contract.
For the avoidance of doubt, the Contracting Parties confirm that the termination or expiry of the Contract shall simultaneously result in the termination or expiry of all licences or other rights to use the Platform that were granted to the Client under the Contract. Upon termination of the Contract the Operator will delete from the Platform all of the Client's data and Content; the Client shall have no claims against the Operator in this respect.

PERSONAL DATA PROTECTION, PROCESSOR OBLIGATIONS

The Operator provides information on how it processes the personal data of Clients (or Authorised Persons) as a personal data controller in the course of operating the Platform in the document "Information on the Processing of Personal Data", which is available for inspection at https://www.capitain.cz/informace-o-zpracovani-osobnich-udaju/.
With regard to the personal data of the Client's Customers that the Client uploads to the Platform, the Operator acts as a personal data processor for the Client. For this reason the Operator and the Client agree in this Article of the Terms & Conditions on the following processor obligations of the Operator within the meaning of Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation, as amended (hereinafter "GDPR").
The purpose of the Operator's processing of Customers' personal data is the performance of the Contract. Specifically, this involves automated processing of personal data for the purpose of operating and enabling use of the Platform, whereby the Client or User within the Platform stores, analyses, extracts, displays, or otherwise processes information from materials. The Operator is not entitled to process the Customers' personal data that it processes as a processor for purposes other than those specified by the Client in the Contract.
The Operator will process personal data for the period necessary for performance of the Contract and, unless it receives different instructions pursuant to clause 15.6.7 of these Terms & Conditions, will delete all personal data that it processed as a processor for the Client without undue delay after performance of the Contract has ended, and no later than within 1 (one) month.
The Operator will process for the Client Customer Data – personal data that will be entered by the Client into the Platform for the purposes of the Platform's services, i.e. simplification of accounting processes including extraction of information from materials, the specific scope of which depends on the Client; this may typically include the following types of personal data of the following categories of data subjects:
1. identification and contact details of Customers;
2. data concerning purchases or services provided between the Client and the Customer, information obtained within the framework of their mutual business relationships, etc.;
3. identification and contact details of Users created in the Platform by the Client, information about their activity in the Platform;
4. identification, contact, and payment details of Customers and other contractual partners of the Client, further information about such persons entered in the Platform;
5. further personal data contained in documents entered by the Client or User into the Platform, in particular first name, surname, date of birth, place of residence, bank account details, tax document number, job title, etc.;
6. any further data entered into the Platform by the Client for the purpose of using the Platform.
This may include special categories of personal data within the meaning of Art. 9 GDPR (so-called "sensitive" data).
In processing personal data for the Client, the Operator undertakes to:
1. process personal data only on the basis of documented instructions from the Client, including with regard to transfers of personal data to a third country or international organisation, unless such processing is already required of the Operator by EU or Member State law applicable to the Client; in such case the Operator will inform the Client of that legal requirement before processing, unless such legislation prohibits this on grounds of important public interest;
2. ensure that persons authorised to process personal data are committed to confidentiality or are subject to a statutory obligation of confidentiality;
3. take all technical and organisational measures to ensure a level of security appropriate to the risk, at least to the extent required by Article 32 of the GDPR;
4. observe the conditions for engaging a further processor (in particular the conditions of Article 28(2) and (4) of the GDPR, including the prior consent of the Client to such engagement);
5. taking into account the nature of the processing, assist the Client by appropriate technical and organisational measures, insofar as possible, in fulfilling the Client's obligation to respond to requests for the exercise of data subjects' rights set out in Articles 12–23 of the GDPR, or requests from a person for whom the Client itself acts as a processor;
6. assist the Client in ensuring compliance with the obligations under Articles 32–36 of the GDPR (in particular the obligation to secure personal data, notify security incidents, etc.);
7. at the Client's choice, delete or, if the Client so requires, return to the Client all personal data upon termination of performance of the Contract, and delete existing copies thereof, unless applicable law requires otherwise. In the event of termination of the Contract the Operator is obliged to act in accordance with clause 15.4 of these Terms & Conditions;
8. provide the Client with all information necessary to demonstrate that the obligations set out in this Article of the Terms & Conditions have been fulfilled, and to allow audits, including inspections, carried out by the Client or another auditor appointed by the Client, and to provide the necessary co-operation for such audits; the Client is entitled to carry out an audit only with respect to documents and premises where this is necessary to verify compliance with the obligations under this Article, following prior notification of the planned audit or inspection, and where this does not disrupt the Operator's business activities beyond the necessary extent; the cost of the audit shall be borne by the Client;
9. notify the Client of any personal data breach without undue delay after becoming aware of it, also having regard to enabling the Client to properly and timely fulfil its obligation under Article 33 or 34 of the GDPR;
10. notify the Client promptly if, in the Operator's opinion, an instruction from the Client infringes personal data protection legislation.
The Client hereby expressly consents to the engagement of further processors (sub-processors) in the processing of personal data under the Contract. The Operator will notify the Client with sufficient advance notice of the intended engagement of any further sub-processor and/or changes to sub-processors by means of a notice on the Website […]. The Client is obliged to monitor such notices regularly. The Client may object to the engagement of a sub-processor within 5 (five) business days of the Operator placing the notice on the Website. If the Client does not raise an objection within this period in which the Client expressly informs the Operator that it does not consent to the engagement of the given sub-processor, this shall constitute the Client's consent to the engagement of the given sub-processor. In the event of the Client's objection to the engagement of a sub-processor, the Operator shall notify the Client without undue delay whether the Operator will be able to continue to fulfil its contractual obligations without the given sub-processor, or whether this is not possible, in which case each Contracting Party shall be entitled to terminate the Contract with effect from the date of engagement of the given sub-processor. If termination by the Client does not occur within 5 (five) business days before the date of engagement of the given sub-processor, the Client's right to terminate the relevant Contract on this ground shall lapse and the Operator shall be entitled to provide the Platform with the involvement of the given sub-processor.
The Client hereby simultaneously consents to the engagement of the following sub-processors:
1. eurodata AG, Großblittersdorfer Straße 257-259, 66119 Saarbrücken, Germany, as the provider of the information extraction service;
2. This One s.r.o., IČO 037 34 404, with registered office at Jankovcova 1569/2c, Holešovice, 170 00 Praha 7, for the purpose of development and advancement of the Platform, and as the provider of technical support in the event of unavailability of Platform functions;
3. compacer CZ s.r.o., IČO 248 41 234, with registered office at Jugoslávských partyzánů 639/26, Bubeneč, 160 00 Praha 6, for the purpose of development and advancement of the Platform,
4. compacer GmbH, registration number HRB 752968, with registered office at 71116 Gärtringen, Max-Planck-Strasse 6-8, Federal Republic of Germany, for the purpose of development and advancement of the Platform.
The Operator will process personal data in an automated manner within the Platform.

MUTUAL COMMUNICATIONS

All notices between the Contracting Parties that relate to the Contract or are to be made under it must be made in written form and delivered to the other party. The requirement of written form is met even where a notice is made by e-mail to the addresses set out below.
Contact details of the Contracting Parties:
1. Operator: e-mail: podpora@capitain.app, postal address for service: the Operator's registered office address.
2. For communication with the Client, the contact details provided during the conclusion of the Contract or within the Account will be used.
The Contracting Parties undertake, in the event of a change to their contact details, to notify the other party of such change no later than 3 (three) business days. The Client shall do so by updating the information in the Account.

GENERAL AND FINAL PROVISIONS

The Operator is entitled to refer to the provision of performance to the Client under the Contract as a reference for its own promotional purposes.
The Client shall bear all costs of means of distance communication incurred in the course of concluding and performing the Contract.
The Operator is entitled to supplement or amend these Terms & Conditions at any time. Such supplement and/or amendment will be published on the Website and each Client will also be notified of such supplement and/or amendment by e-mail to their contact e-mail address provided in the Account or during the conclusion of the Contract. On the date on which the new version of the Terms & Conditions takes effect, the previous version of the Terms & Conditions shall cease to have effect. If the Client does not agree with the changes, they are entitled to terminate the Contract as at the date on which the new version of the Terms & Conditions takes effect.
If any provision of these Terms & Conditions is invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Terms & Conditions.
The Client agrees that the Operator is entitled to assign the Contract or any part thereof to a third party. The Client is not entitled to transfer or otherwise encumber its claims against the Operator without the Operator's prior written consent.
Both Contracting Parties accept the risk of a change in circumstances within the meaning of the provisions of Section 1765(2) of the Civil Code.
The Contracting Parties exclude the application of the provisions of Section 557 of the Civil Code.
The Contracting Parties exclude the application of the provisions of Sections 2389a to 2389u of the Civil Code; all rights and obligations of the Contracting Parties shall be governed by these Terms & Conditions.
If these Terms & Conditions are drawn up in more than one language, in the event of any discrepancy between the individual language versions the Czech language version of the Terms & Conditions shall prevail.
These Terms & Conditions, as well as all legal relationships arising thereunder and the resolution of disputes, shall be governed by the law of the Czech Republic. The court having jurisdiction to resolve any disputes arising in connection with the Contract shall be the District Court for Prague 1, and where the rules of procedure prescribe that a regional court has first-instance jurisdiction, then the Municipal Court in Prague.
This version of the Terms & Conditions takes effect on 1 January 2026.

Terms & Conditions

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