By creating an account, but also by using the services, the user expresses his consent to the below business conditions of EXPANDO global s.r.o., IČO 049 78 820, with registered office at Poštovní 244, 739 61 Třinec, registered in the commercial register maintained by the Regional Court in Ostrava under sp. C 74566 (hereinafter referred to as the "Provider"), relating to the use of the EXPANDO APP application. The business terms and conditions are binding for both the user and the Provider from the moment of creating an account in the EXPANDO APP application as well as from the start of any use of the Application or other services of the Provider.
1. Description of the software service EXPANDO APP
1.1. EXPANDO APP for managing products, adjusting prices, downloading orders and using exports, available from the web address app.expan.do (hereinafter referred to as the "Application") for users The application synchronizes product data from a data source (a data file containing product information provided by the user Application on the public URL address) on the Marketplace - specifically the number of products in stock and the price of the products.
1.2. Marketplace means an online marketplace where a specific operator provides distance sales of products from various sellers.
1.3. The application also allows the user through the administrative interface:
1.3.1. display, filter and export all product orders;
1.3.2. display daily and monthly sales statistics;
1.3.3. notify by email of packages with ordered products sent late;
1.3.4. use functions as the Provider gradually adds or modifies them to the Application.
1.4. Stocks and prices are updated every 10 minutes. However, the provider does not guarantee the user that all synchronization will also be performed by a specific Marketplace.
2. Definition of basic concepts
2.1. The contract for the provision of the EXPANDO APP software service (Application) is concluded between the Provider and the user. Contract means the contract concluded between the Provider and the User (hereinafter referred to as the "Contract"), the subject of which is the provision of a license to use the web or mobile version of the Application.
2.2. A user can only be an entrepreneurial natural or legal person identified by the login email and password entered during registration in the Application (see Article 2.5 below), who uses the services as part of their business activity.
2.3. The service is not provided to non-business natural persons, and if such a person registers, the provider declares that he does not accept such an offer to conclude a Contract (see Article 2.6. below) with such a user.
2.4. The granting of the license is a non-exclusive license, territorially unlimited, limited in time for the duration of the Agreement for the use of the Application under the conditions specified in these business terms and conditions.
2.5. The offer to conclude the Agreement is the registration of the user, which is realized by creating an account (by filling in and sending the registration form with the agreement of business terms or accepting an invitation to another account).
2.6. Acceptance of the offer is the display of the confirmation screen after registration or email confirmation of registration by the Provider. The moment the offer is accepted, the Contract is concluded, which will be governed by these terms and conditions. The contract is concluded for an indefinite period.
2.7. An account is a user account of a user in the Application identified by a unique identifier (name of the account/agenda). The account is a non-public part of the Application.
2.8. Changing the tariff by the user within the user account is considered a proposal to change the Agreement. Confirmation of the tariff change by the Provider is acceptance of this proposal. If the user does not confirm the e-mail address according to the instructions contained in the e-mail sent (typically by clicking on the confirmation link) within 14 days of registration, the Provider is entitled to unilaterally cancel the account.
2.9. Account blocking on the marketplace is a limitation of the user's access to one or more accounts on individual marketplaces. Thus, the user cannot log into his account. In such cases, consultation with a sales representative is necessary.
2.10. Account cancellation is the irreversible deletion of one or all user accounts and all data associated with the canceled account.
3. Rights and obligations of the user
3.1. The User is obliged to provide his contact information truthfully during registration for the purpose of invoicing the provided services and communicating with the Provider. The user agrees to send invoices to the registration e-mail and is obliged to keep his contact information up to date. The change can be made through the user interface of the platform or in writing to the e-mail address app@expan.do.
3.2. By registering in the Application, the User agrees to receive commercial communications from the Provider. This consent can be revoked at any time, whether for an individual type of communication or all commercial communications.
3.3. The user is obliged to protect the provided access names and passwords to the services established in the Application and the program resources of the server against misuse by a third party. The Provider is not responsible for any misuse.
3.4. The application, including its mobile version, is an author's work according to Act No. 121/2000 Coll., on copyright, on rights related to copyright and on the amendment of certain laws (hereinafter referred to as the "Copyright Act"). Property rights to the Application according to the copyright law and according to international copyright agreements concluded by the Czech Republic belong to the Provider. The contract concluded between the Provider and the user does not grant the user any rights in connection with the trademarks or other intellectual property of the Provider.
3.5. The User undertakes not to sell or otherwise provide the Application in any way to third parties without the prior consent of the Provider.
3.6. The user bears full responsibility for the data and content provided by the Application and undertakes to use the provision the Application in accordance with the legal system of the Czech Republic.
3.7. The User undertakes to pay properly and on time the agreed price for the provided performance according to the valid price list available on the Provider's website (see Article 5 below).
3.8. For the functionality of the Application software, the User is obliged to provide the Provider with a regularly updated data file at a public URL address so that the Provider's software can process it.
3.9. The User confirms that he holds the appropriate copyright and license rights to the products that the Provider promotes and sells for him on sales accounts. At the same time, he declares that he is authorized to sell these products in all countries where the products are sold, and that the sale of the products does not violate any claims in terms of intellectual property rights or other legal regulations in the Czech Republic and the country where the products are sold. Confirms that all legal regulations of the countries to which the products are sold (in particular regulations regarding consumer protection or the authorization of individual countries to sell the given types of products) are complied with.
3.10. In the event that a situation arises where a third party would assert any claims arising from intellectual property to the items of sale or from violation of legal regulations after the Provider, the user undertakes to take over and settle these claims himself.
4. Rights and obligations of the provider
4.1. The Provider is obliged to ensure continuous operation of the Application.
4.2. Violation of the provider's obligation to ensure continuous operation of the Application is not interruption of the operation of the Application caused by unavoidable objective reasons (e.g. power outage, failure of the connection point to the Internet, etc.) or interruption of operation due to systemic interventions by the provider in the operation of the server, of which, however, the user will be informed in ahead of time directly in the Application.
4.3. The Provider is not responsible for any damage caused to users or other persons by using the Application.
4.4. The Provider is also not liable to the user for damage if the violation of the relevant obligation was caused by circumstances that exclude the Provider's responsibility. This is mainly a matter of force majeure, for example natural disasters and strikes, or other obstacles that occurred independently of the Provider's will and which he could not reasonably have foreseen at the time the obligation arose. These obstacles are also considered to be technical facts, business conditions or actions of the Marketplace, which the Provider cannot influence.
4.5. Individual Marketplaces are not parties to the Agreement, and therefore the Provider cannot influence their actions, procedures and rules in any way, nor can they be bound by the Agreement to anything. Therefore, the provider does not bear any responsibility for any damages that the user incurs in connection with any action or measure of any Marketplace.
4.6. Compensation for damage caused by the Provider in connection with the Agreement will be compensated by the Provider only up to the price of the ordered services in the total amount corresponding to one monthly payment for the price of the Application.
4.7. The provider is not responsible for compliance of the requirements of the created documents with valid and effective legal standards and it is only up to the user to make sure of their completeness and error-freeness.
5. Fees and payments
5.1. The price for providing the Application is determined according to the current tariff price list published at https://cz.expan.do/app. In cases where the price is set for one month, every calendar month, whether started or not completed, is counted.
5.2. The prices listed in the tariff price list do not include value added tax, which will always be added to the price in the legal amount. The regular billing period is 1 calendar month. If the price is determined on a one-time basis, the provider can issue a one-time invoice, even one that is payable in advance before the one-time service is provided. He can also add the one-time price to the invoice for the Regular billing period.
5.3. The client is obliged to make payments for the Regular billing period on the basis of an invoice that will be issued to him during the following month from the end of the billing period. The price is due within 7 days from the moment the invoice is issued.
5.4. If the user does not agree with the amount of the price specified in the invoice or call for payment, he files objections no later than on the due date, otherwise the specified amount of the price is regarded as having been agreed by the user. In the case of objections, the Provider will justify the set price with a detailed invoice within 14 days from the receipt of the objections, or comply with the objections.
5.5. Any change in the length of the billing period is possible upon agreement between the Provider and the user.
5.6. If the number of SKUs is listed in the price list, this is the number of unique products, or variant that contains the user's feed or another system and which the Application processes for further use.
5.7. In the event that the "Implementation" service is part of the services provided to the user, the price for providing the Application will be charged only from the day the "Implementation" is completed. This does not apply if the user is in arrears and does not cooperate with the Provider in the "Implementation" for a period longer than 14 days.
5.8. If it was between the Provider and the user has agreed that in the case of realized sales, i.e. product orders made via individual Marketplaces where the user is the seller, the Provider is also entitled to commission from sales, the commission is calculated from the aggregate price of all sales of the user via sales accounts for the given month, from amounts without postage and VAT.
5.9. If it has been agreed between the Provider and the user that in the case of realized sales, i.e. product orders made through individual Marketplaces where the user is the seller, the Provider is also entitled to part of the price of products from sales that the user sells at a higher price on the Marketplace, calculated commission as a percentage of the difference between the price of the user's product according to the Application and the actual selling price for which the product is sold on the Marketplace, excluding postage and VAT.
5.10. The Provider has the right to block the account of a User who is in arrears with payment for the use of the Application for more than 10 working days, until the payment is made.
5.11. If the account is blocked for more than 1 month, the Provider has the right to interrupt automatic processes, e.g. displaying new products, downloading orders, canceling exports and API connections. In the event of a delay in the payment of obligations due under the Contract, the contracting parties shall agree on a contractual penalty of 0.5% of the amount due, for each day of delay, even if it has only begun.
5.12. In the event that the user fails to pay the full part of the Contract price to the Provider within the due date of the invoice, the Provider is entitled to suspend further provision of services until the debt is paid in full and is also entitled to retain the products returned by the user's customers, which the Provider will have in possession for the duration of the outstanding debt.
6. Change of business conditions and change of price list
6.1. Pursuant to § 1752 of Act No. 89/2012 Coll., Civil Code, the Provider has the right to change these terms and conditions, for example to bring them into compliance with legal regulations or to increase the legal certainty of the parties to the Agreement. The user agrees that the nature of the obligation implies a reasonable need to change these terms and conditions in the future. The Provider will notify the User of the change in terms and conditions on the website cz.expan.do and to the email that the User entered during registration, at least 14 days before the changes take effect.
6.2. If the User does not agree to the change in terms and conditions, he has the right to terminate the Agreement with a 14-day notice period by canceling his account. The contracting parties declare that a period of 14 days is sufficient for the eventual procurement of an alternative service.
6.3. The provider is entitled, after prior notification of the user, to unilaterally change the prices of the offered services, especially for the reasons of the introduction of new functions or inflation, by a maximum of 10% for 12 consecutive calendar months. When the percentage limit of price increases according to the previous sentence is reached, further increases according to this paragraph can be made in 12 months at the earliest. Article 6.2 above shall be applied appropriately to change the prices of the services offered in accordance with this paragraph.
7. Termination of the contract
7.1. The user has the right to terminate the Agreement at any time with a notice period by canceling his account, if his account is not blocked due to a violation of any of the terms and conditions.
7.2. The Provider has the right to terminate the Agreement at any time with a notice period by canceling the user's account.
7.3. The notice period lasts until the end of the Regular Billing Period. All user data will be deleted after the notice period has expired.
7.4. The User has the right to withdraw from the Agreement if the Provider is in arrears with the provision of services according to the Agreement for more than 30 days from such notification, despite a written notification. In such a case, the Provider is obliged to return to the user a proportional part of the price for the period in which the services according to the Agreement were not provided.
7.5. Even in case of withdrawal from the Contract, the contractual provisions regarding the price, its payment and sanctions remain in force.
7.6. The Provider has the right to terminate the Agreement without notice by canceling the user's account, if the user violates the terms of the contract, intentionally damages the Application, misuses the Provider's logos or trademarks, commits other illegal dissemination of website content and web or mobile Application, tries to circumvent tariff restrictions or otherwise violates legal regulations.
7.7. The Provider has the right to terminate the Agreement without notice by canceling the User's account if the User has not logged into this account for more than 6 months or is in arrears with payment for using the Application for more than 1 month. Before any cancellation, the Provider will notify the User at the email address that the User entered when registering the account, at least one week in advance.
7.8. In the event of termination without a notice period, the Provider is not obliged to return to the user the deposit paid for the price of the Application.
8. Protection of confidential information
8.1. All information that one contracting party learns about the other contracting party or provides to the other contracting party is considered confidential, if this information is not publicly available. The provider undertakes to use this information only for the purposes of providing services in accordance with the Agreement, and the user undertakes to use this information only for the account ely use the Application and observe the obligation of confidentiality even after the termination of the provision of services, which they are obliged to ensure with their employees and, where applicable, business partners they use in connection with the Agreement.
8.2. The User undertakes not to provide the Provider's documents, procedures and methodology encountered in connection with the Agreement to any other person without the Provider's prior consent. This obligation applies even after the termination of the Agreement.
9. Protection of personal data
9.1. The processing of personal data takes place in accordance with the applicable law of the Czech Republic, in particular with the Personal Data Protection Act, the EU Regulation on the Protection of Personal Data ("GDPR") and other legal regulations. In this relationship, the Provider acts as the processor and the User as the administrator of personal data.
9.2. Provisions regarding the processing of personal data will be effective for the duration of this Cooperation Agreement or until the moment when the provision of services under this Agreement is terminated, whichever event occurs later.
9.3. In the event that either party terminates the Agreement or the processing of personal data, the Provider is obliged to immediately dispose of the personal data and their copies provided to him on the basis of the Agreement, unless otherwise provided by law. The Provider is obliged to dispose of personal data even if the User gives an instruction to do so, or the Provider is obliged to hand over the personal data to the User and dispose of their copies.
9.4. The purpose of personal data processing is the fulfillment of the Agreement. The fulfillment of the Agreement includes the processing of information about the user's customers and potential customers.
9.5. The provider will process the personal data of the following data subjects:
9.5.1. customers and potential customers of the user;9.5.2. the user's employees and persons in a similar position, while the personal data of these entities will be processed in connection with the performance of activities according to the Agreement.
9.6. As a processor, the provider will be authorized to process the following personal data of data subjects for users:9.6.1. customer identification, contact and similar data (name, surname, address, telephone, purchase history, IP addresses, cookies); for an entrepreneur and business company, ID number and registered office;
9.6.2. identification and contact data of the user's employees and persons in a similar position, especially access data to the domain on which the e-shop is operated and to the e-mail box registered to the domain;
9.6.3. information required for identification according to Act No. 253/2008 Coll., on certain measures against the legalization of proceeds from criminal activity and the financing of terrorism;9.6.4. other personal data that the user provides when using the Application.
9.7. In connection with the processing of personal data, the provider undertakes that:
9.7.1. will process personal data only on the basis of the user's documented instructions (including in matters of transferring personal data to a third country or their transfer to an international organization), while these instructions may result either from the Agreement or may be given to the Provider directly for a specific case;
9. 7.2. ensure that all persons authorized to process personal data are bound to confidentiality or are subject to the obligation of confidentiality regulated by law;
9.7.3. will take the measures required under Article 32 GDPR, i.e. will keep personal data safe;
9.7.4. will take into account the nature of the processing, will assist the user through appropriate technical and organizational measures, if possible, to fulfill the user's obligation to respond to requests for the exercise of the data subject's rights according to the GDPR;
9.7.5. will assist the user in ensuring the security of personal data according to the GDPR (specifically Articles 32 to 36 GDPR);
9.7.6. in accordance with the user's decision, it either deletes all personal data or returns it to the user after termination of the provision of services associated with the processing and deletes existing copies;
9.7.7. provide the user with all the information necessary to be able to demonstrate the fulfillment of obligations under these terms and conditions and the GDPR, enable audits, including inspections, carried out by the user or another auditor authorized by the user, and contribute to these audits;
9.7.8. notify the user without undue delay of any breach of personal data security.
9.8. The provider undertakes to take technical, organizational and other measures to prevent unauthorized or accidental access to personal data, their change, destruction, loss or other unauthorized handling of them. In particular, the provider has adopted internal organizational measures in the form of, among other things, internal regulations, confidentiality obligations, restricted access and secure premises, as well as technical measures in the form of secure connections and access to personal data, while all measures are regularly evaluated and assessed from the point of view of ensuring the security of processing.
9 .9. The user grants general permission with the involvement of other personal data processors. The provider undertakes that, in the case of the involvement of another processor, it will comply with the conditions for the involvement of another processor according to Article 28, paragraphs 2 and 4 of the GDPR and these terms and conditions.
9.10 . In the case of the involvement of other processors, the Provider will inform the user of any intended changes regarding other processors and give the user a period of 10 working days to notify the Provider of objections, or disapproval of the involvement of other processors. If the user does not object, or disagree with the involvement of another processor, the Provider is entitled to involve this other processor.
9.11. In addition to general consent, the user hereby also agrees to the involvement of these other processors:
9.11.1. natural persons who are in a contractual relationship with the Provider and meet the conditions for the involvement of another processor given by GDPR and legal regulations;
9.11.2. ZONER software, a.s., company ID 494 37 381, with registered office at Nové sady 18, 602 00 Brno;
9.11.3. a company of the Google group, in particular Google Commerce Limited, with registered office at 70 Sir John Rogerson's Quay, 2 Dublin, Ireland and Google Inc., with registered office at 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, whose products are or may be used to fulfillment of the agreement;
9.11.4. by Amazon Web Services EMEA Sàrl. 38 Avenue John F. Kennedy L-1855 Luxembourg;
9.11.5. by salesforce.com, inc., 50 Fremont St, Suite 300, San Francisco, California 94105.
9.12. The contracting parties undertake to cooperate with each other on the secure transmission of personal data. They also undertake to inform each other about everything relevant to these terms and conditions, in particular about:
9.12.1. any circumstances that could affect the protection of personal data and their handling, i.e. in particular any failure, outage, non-functionality or other lack of measures taken to ensure this protection, while undertaking in close cooperation to immediately upon detection of such a circumstance all steps and measures necessary to eliminate (or to prevent the continuation of) such a bad state;
9.12.2. any audit, review or measures carried out (or adopted) by a public authority competent in the area of personal data protection.
10. Further arrangements
10.1. All services are provided only electronically.
10.2. Support for the use of the provided service is provided only in electronic form (e-mail communication, information on websites, etc.).
10.3. Sending and receiving all documents related to the provided service, including invoicing, takes place only electronically.
10.4. Any complaints can be made by sending an email, chat or filling out the contact form. The contact email and form are part of the service description on the website itself.
11. Applicable law
11.1. In the event of disputes arising from the Agreement, as well as in the event of disputes regarding the validity or existence of the concluded Agreement and these terms and conditions, the parties:
11.1.1. chooses as the applicable law of the Czech Republic;
11.1.2. determine that Czech courts are competent to make decisions;
11.1.3. in accordance with §89a of Act No. 99/1963 Coll. designate as the locally competent court in Prague.
12. Final provision
12.1. The contracting parties assume the risk of a change in circumstances within the meaning of Section 1765 of the Civil Code.
12.2. These terms and conditions are valid and effective as of February 1, 2021.
