Terms and Conditions
The contract between the operator of the Bienaro platform and the business that uses it. We write it as plainly as everything else: what you get, what you pay for it, who owns the data and how you can leave at any time.
Version 1.0, effective from 5 October 2026. We will announce any changes in accordance with chapter 13.
1. Who we are and what these terms govern
The Bienaro platform is operated by Toucan Labs s.r.o., IČO 29931631, with its registered office at Husova tř. 1822/6, 370 01 České Budějovice (hereinafter the “operator” or “we”). The operator is not registered for VAT (plátce DPH). The address for service of documents and for legal acts under these terms is info@toucan-labs.cz. We handle support and questions about your account at podpora@bienaro.cz (chapter 10).
These terms govern the use of the platform by a business that sets up an account on it (hereinafter the “business” or “you”) – that is, by a salon, studio, barbershop or other service provider. You use the service as part of your business activity; this is not a consumer contract (see chapter 13).
The terms do not concern the relationship between you and your clients. The contract for providing a service is concluded by the client with you; the operator is neither a party to it nor a payment intermediary.
2. Account and conclusion of the contract
- The account is created by registering with an e-mail address and a password. The contract is concluded at the moment you create the account and agree to these terms and to the data processing agreement, which forms an integral part of them.
- You are responsible for your login credentials. We recommend switching on two-factor authentication – it is mandatory for exporting client data.
- One account serves one business. In the Rytmus plan, team members have their own logins; you are responsible for their conduct under the business’s account.
- You provide true information about the business and keep it up to date – it is displayed on your website and on invoices.
3. What the service includes: Kalendář and Rytmus
Kalendář is free of charge, with no time limit, and for one person (one active team member). It includes the business’s website at an address in the form your-name.bienaro.com, a booking calendar with no limit on bookings and clients, booking confirmation and an appointment reminder sent to the client by e-mail, the morning overview of the day, subscribing to the calendar on your phone (a link in iCal format), a review request after the visit, and data export.
Rytmus is a paid plan and adds the offer of a next appointment after the visit (rebooking), a reminder cadence based on each client’s interval, filling of appointments freed up at the last minute, SMS reminders and SMS booking confirmations for clients who did not give an e-mail address when booking (50 SMS a month included in the price, more from prepaid credit from 1,40 Kč per message), watching for an earlier appointment for your clients (waiting list), subscribing to team members’ personal calendars as a basis for blocks, an application programming interface (API) for reading and writing bookings with your own access key and outgoing messages about bookings (webhooks) to your other programs (we make them available on request, see chapter 9), a custom domain (paid separately), gift vouchers, your own wording of messages to clients, bookings only for regular and invited clients, premium templates and extended statistics.
The team is part of Rytmus. The price of Rytmus includes 2 active team members, each with their own login, calendar and scope of permissions. For each additional active member, a surcharge applies in accordance with chapter 5; the price of the plan including surcharges is capped, and we do not limit the number of team members. In the free Kalendář, one member is active. During the Rytmus trial period (chapter 4), the number of team members is not limited and nothing extra is charged for them.
SMS are part of Rytmus. In the free Kalendář, we send clients the same by e-mail – the confirmation, the reminder and also the verification code on your website – and no SMS are sent from it. The exception is the code for entering the “My appointments” overview (chapter 8): Bienaro sends it by SMS at its own expense in every plan, and nothing is drawn from your credit for it. Credit already purchased remains with the business even when Rytmus ends: it does not expire and starts being drawn again as soon as the business switches Rytmus on again. Credit can only be purchased with an active Rytmus. 50 messages a month included in the price are not carried over to the next month if unused. Purchased credit is not reduced by not being used. For SMS, the plan is assessed at the moment the message is sent, so after Rytmus ends, no SMS are sent, not even from the remaining credit, and a client who gave an e-mail address receives the same by e-mail. We send SMS only to mobile numbers in the Czech Republic, Slovakia and Austria; they are not sent to other numbers. You switch on SMS reminders yourself in the admin (SMS credit), where you also choose when they are to be sent; by default, they are switched off. We do not send reminders between 21:00 and 8:00 – they go out in the morning.
We charge nothing for the bookings themselves, in any plan. We develop the service continuously, so features may change and be added; we will announce any substantial restriction of the scope in accordance with chapter 13.
4. Rytmus trial period
Every business is entitled to 30 days of Rytmus free of charge from the moment it is set up – without entering a card and without any commitment. The entitlement does not depend on meeting any further conditions and we do not limit it in time; every business that has not used the trial period yet is entitled to it. While a business has Rytmus paid for or given as a gift by the operator, the trial period is not offered to it.
You switch on the trial period yourself with one click in the admin (Today, Rytmus). If you are adding a second active team member (or switching a deactivated one on again) and do not have Rytmus, the admin offers to switch on the trial period together with adding them; the trial period then starts with that click. The trial period runs for 30 days from switching it on, not from when the business was set up. Throughout, you have everything as in paid Rytmus, we do not limit the number of team members and nothing extra is charged. 7 days and again three days before the end of the trial period, an e-mail with a reminder arrives.
After the trial period expires, the business returns to the free Kalendář: Rytmus features are switched off, only one team member remains active – the owner (the team member linked to the owner’s account or, if there is none, the first team member without an announced departure), the other team members are deactivated, and a website with a premium template is switched to the basic template (we remember your choice and restore it once Rytmus is activated). We do not delete any data – history, clients, the website as well as the bookings and accounts of deactivated team members remain; deactivated members simply have no access to the admin. Once Rytmus is activated, you can switch them on again with one click in the admin (Team). Each business is entitled to the trial period once.
The trial period creates no payment obligation. It is not a subscription, it does not turn into a paid plan, and nothing is charged or automatically renewed after it ends – Rytmus is switched on only when you order and pay for it in accordance with chapter 5.
5. Prices, billing and payment
- Rytmus costs 399 Kč a month or 3 990 Kč a year and includes 2 active team members. For each additional active member, a surcharge of 100 Kč a month or 1 000 Kč a year respectively applies. The price of the plan including surcharges is at most 990 Kč a month or 9 900 Kč a year respectively – from 8 active team members, you pay this maximum price and nothing more for further members; we do not limit the number of team members. The prices are final; the operator is not registered for VAT (plátce DPH).
- Price guarantee. The price list valid on the day of your first payment applies to you for 12 months from that payment.
- Introductory offer and codes. The operator may issue codes that you enter at registration or in the admin (Rytmus), as long as you have not yet paid for Rytmus and do not have an unpaid billing document issued for the plan. Each business can apply one code; a code that serves only to record where you came from can be replaced by a code with a benefit until the first payment. A code may have a limited period of validity and a limited number of uses, and the operator may switch it off at any time; a business that has already applied the code does not lose the benefit as a result. A code with the introductory offer gives a discount of 50% on the price of the Rytmus plan, including surcharges for team members, for the first 6 months: with monthly payment on the first 6 monthly billing documents; with yearly payment, the first year costs 2 799 Kč instead of 3 990 Kč (proportionally with surcharges for team members or a partly used discount). We round amounts down to whole crowns, and the discount is stated on the billing document. For businesses with the same IČO or DIČ (company or VAT identification number), the introductory offer can be used only once; the first paid billing document with the discount is decisive, and the operator may grant an exception after checking. In the event of misuse, the operator may cancel further application of the discount; billing documents already issued do not change. If we refund you a payment for a billing document with the discount, you can use the unused months of the discount again. Approximately 30 days before the end of the discount, we will let you know by e-mail from when the regular price applies.
- Referrals. You can recommend Bienaro to another business with your own link or code from the admin (Rytmus). For each referred business, you receive 1 month of Rytmus free of charge, in full including surcharges for team members, as soon as the referred business meets all of these conditions: it has 10 bookings that have taken place and that clients made themselves, from at least 5 different clients; it has been registered for at least 14 days; it has paid for the Rytmus plan for the first time, and the period for a refund, including the time needed to handle it, has passed since that first payment. A refunded payment, Rytmus given as a gift by the operator and the trial period do not count as a payment. Through the referral code or link, the referred business receives the introductory offer under the previous point, until further notice; the operator may end it for new applications at any time, and the referred business then receives 1 month of Rytmus free of charge instead. The benefits cannot be combined. For a business with a running paid period, the end of the plan is moved by one month; for others, we add the month to the first paid payment for Rytmus. The reward is due once for each referred business and at most 12 months per business. It does not arise when you refer another business of your own, or a business with the same IČO, phone number, e-mail, login account, payment account or sign-in IP address; the operator may recognise such a referral after checking. The reward cannot be paid out in money.
- The number of active team members beyond the scope of the plan is determined at the moment the billing document is issued. If you add team members beyond the scope of the plan during a paid period, we will issue a billing document for the price difference for the remaining part of the period (difference between the new and the original price × remaining days ÷ length of the period, 30 days for the monthly plan, 365 for the yearly plan; rounded to whole crowns; a day that has begun counts as a whole day). If team members beyond the scope of the plan are added between the issue of the billing document for the plan and its payment (or during the trial period or Rytmus given as a gift by the operator), we will issue, after payment, a billing document for the price difference for the entire newly paid period. Before you add a member who increases the price or triggers an additional payment, we will show you the amount in the admin, and you confirm the addition. The new price is also limited by the cap under the first point of this chapter, so nothing is paid additionally above the cap. The due date is the same as for other billing documents, and the additional payment does not move the end date of the plan – it stays as paid. The team member is active immediately; they do not wait for the additional payment to be issued. On renewal, the price is determined by the actual number of active members. If the number of members decreases, we do not refund the proportional part.
- Payment is made by invoice with a QR code and a due date of 14 days. The plan is activated once the payment is credited to the operator’s account. We do not ask you for a card and nothing is charged automatically.
- If you do not pay for the renewal, the business returns to Kalendář. The website and data remain; Rytmus features are switched off, team members beyond the first are deactivated, and the premium website template is switched to the basic one.
- Money-back guarantee. Within 15 days of the first paid activation of Rytmus (monthly or yearly), you can cancel Rytmus and request a refund of the price paid for the plan, including the additional payment for team members paid within the same period. The guarantee does not cover SMS credit (it remains yours and does not expire), ordered printed materials or a custom domain. Just write to podpora@bienaro.cz – you do not have to give a reason (we will welcome one). We will refund the money to the account from which the payment came and end the plan. Neither a previous free trial nor Rytmus given as a gift by the operator excludes the guarantee.
- The guarantee does not apply to the renewal of a plan that is already running, or to a business that has already had a paid Rytmus before. After 15 days and in these cases, we do not refund the proportional part for the unused period – the plan runs until the end of the paid period and is not renewed further unless you pay for the renewal. The same applies if we terminate the contract for breach of these terms in accordance with chapter 12. The complete list of cases in which we refund money is in chapter 13.
- SMS beyond 50 messages a month are paid from prepaid credit from 1,40 Kč per message – the price per message is lower with a larger pack. Credit is purchased in advance by invoice, does not expire, and unused credit is not refunded in money. It is credited only once the payment is credited to the operator’s account, is sold in packs of 300 messages for 499 Kč, 500 for 749 Kč and 1 000 for 1 399 Kč (final prices, we do not pay VAT), and can only be purchased by a business with an active Rytmus. The unit is one sent part of a message – a long message may cost more than one. When the credit runs out, no SMS are sent; a client who gave an e-mail address receives the reminder by e-mail (if you have reminders switched on) – neither bookings nor operations stop.
- Welcome kit. With the first paid payment for the Rytmus plan – monthly or yearly – you receive, once and free of charge, a welcome kit of printed materials with a QR code for booking with you (in particular appointment cards and business cards). We will hand the kit over to you in person or send it to the address you give in the Rytmus order; we need your phone number for the handover. With yearly payment, you choose in the order whether we prepare the kit immediately after the payment is credited or only after the 15-day period for a refund has expired. If you cancel Rytmus within this period, we no longer prepare a kit that has not yet been handed over or sent; we do not deduct the price of the kit from the amount refunded. There is no entitlement to the kit on renewal, with an additional payment for team members or when buying add-ons.
- Printed materials (appointment cards with a QR code, business cards and more) can be ordered from us according to the price list in the admin (Materials), or you can print the print-ready PDFs, which are free of charge in all plans, anywhere else.
- A custom domain is an add-on to the Rytmus plan. If you connect a domain you already have, it remains registered to you with your registrar. If you request a new domain, we will order it from a registrar and enter your business as its holder (registrant); it is paid for separately once a year according to its extension and the current offer, which we will tell you before the order. The domain is yours, and you can transfer it elsewhere at any time. We renew the registration for one year at a time for as long as you have Rytmus and pay for the domain. If Rytmus ends or you do not pay for the domain, it runs until the end of the paid period and we do not renew it further; we will let you know by e-mail that the end of the registration is approaching and offer a transfer to a registrar of your choice. We manage the DNS zone of the custom domain (the records by which the domain leads to your website, and the mail records that we took over when connecting it) at Cloudflare under Bienaro’s account for as long as the domain leads to Bienaro. When the contract ends, or at any time at your request, we will send you a list of the zone’s records so that you can switch the name servers elsewhere; we will delete the zone on our side only after that, but no earlier than after the grace period under chapter 9 has expired.
- We will announce a price change at least 30 days in advance (chapter 13). It does not affect a period that has already been paid.
6. The business’s content and your obligations
You are responsible for the content you publish on your website. In particular, you declare that the information about the business, services and prices is true and that you hold the rights to photos, texts and other materials – including content that you have taken over from another web page when setting up the website. Only content that is yours may be imported, or content for which you have a licence; publish photos of team members only if this has been settled with them.
The statutory information about your business (identification of the operator, information for clients, booking and cancellation terms) is carried by the “Business information” page on your website. Filling in the information and keeping it up to date, as well as the wording of the cancellation terms towards clients, are up to you – the platform provides space and a default text for them, but does not replace your decision.
The platform cannot collect or charge a cancellation fee. If you want to require one from clients, its amount or the method of calculating it must be stated in figures and communicated to the client before the booking is submitted; free text in the addition to the cancellation rules is not sufficient for that. Until the platform offers this option, the addition to the cancellation rules should not promise a fee.
Connections to other programs and calendars. If you switch on the application programming interface, outgoing messages about bookings or subscribing to a personal calendar, you are responsible for whom you make data accessible to by doing so: the access key is as secret as a password, you choose the address for outgoing messages and the address of the subscribed calendar, and you must have settled the relationships with their operator and with the team member concerned. Insert the address of a subscribed calendar only with the consent of the person to whom the calendar belongs.
You must not use the service for:
- sending unsolicited messages and circumventing clients’ consents,
- uploading third-party contact databases for which you have no legal basis (you may import only your own clients),
- publishing unlawful content or content infringing the rights of third parties,
- misusing the platform, attempting to disrupt its operation or to access the data of other businesses.
7. Reviews and moderation
A review of your business can be written only by a client after an actual visit – the request is sent automatically after a completed booking that the client made online themselves (no request is sent after appointments that you entered yourself or after a booking made from a waiting-list offer), and it is sent on the free plan too. You can reply to reviews publicly, but you cannot delete them or choose which are displayed; that is exactly why clients trust them.
The text of a published review is displayed on your website and, if you have the “Reviews” section switched on (for a business that only manages bookings with us and has its website elsewhere, if you have publishing of individual reviews switched on in the admin), also on your business’s reviews page on Bienaro – the verification profile at bienaro.com/overit/…. It shows all published reviews, newest first, with the full text and the exact date of the review, without the author’s name and without your reply. The embeddable “Reviews” widget, which you can place on your own website from the admin (Get bookings), shows the summary, the three most recent published reviews with the text (the widget shortens longer texts) and the exact date of the review, without the author’s name and without your reply, and a link to all reviews. Every business has a profile with verified addresses and a rating summary for the duration of the contract, and it cannot be switched off – it serves to verify the authenticity of the website. By having the “Reviews” section switched on on your website (or publishing of reviews switched on), you instruct us to also display the published reviews on the profile and in the embeddable widget; by switching it off, you withdraw the instruction and the reviews disappear from the profile and from the widget, while the average and the count remain.
Moderation policy. We do not interfere with the content of reviews based on how flattering they are. We hide or remove a review only for these reasons:
- unlawful content – an insult, a threat, an untrue statement capable of damaging reputation, personal data of third parties, or another interference with the rights of others,
- spam or fraud – a review that did not arise from an actual visit (for example, one that was ordered, written on behalf of someone else, or from a test booking),
- content unrelated to the visit – text that concerns neither the service provided nor the visit.
A review for which the automatic check finds signs that it did not arise from an actual visit (for example, a link between the author and the business) is not published straight away: we withhold it for review by a human and then either publish it or deal with it according to the reasons above. A withheld review is not counted in the average.
In addition, we permanently remove a review at the request of its author (right to erasure under Article 17 GDPR). We never hide a review merely because the business does not like it. The intervention is carried out exclusively by the platform administration, always with a stated reason and a record in the audit log; a hidden or removed review is not counted in the rating. Both the business and the author of the review can request hiding at info@toucan-labs.cz, stating the reason; a review of the decision can be requested in the same way. Anyone can also report an objectionable review using the Nahlásit hodnocení (“Report review”) link below the list of reviews on the business’s verification profile, which opens a contact form.
Hiding and removal. A hidden review remains stored, and hiding can be reversed. The platform can remove it permanently at the author’s request, in the case of spam or fraud, in the case of unlawful content where hiding is not sufficient, and in the case of content unrelated to the visit. We will notify you of the removal by e-mail (except for spam and test bookings, which were never a client’s review). The business does not remove reviews – neither on request nor by agreement. The rating is recalculated after the removal. We do not keep the text of a removed review. The record of the intervention retains the reason, the date, the number of stars and the length of the text; in the case of unlawful content, also a cryptographic hash of the text as evidence of the reason for the intervention.
Notices and review of decisions. To the author of a review that we have hidden or removed (unless it is a removal at the author’s own request), we will, on request, communicate the reason and the facts on which we relied. The author can object to the decision within 30 days at the address info@toucan-labs.cz; the matter is assessed by a human and the author receives the answer in writing. The same address serves as the point of contact for notices of unlawful content, whoever they come from, and is our single point of contact under Articles 11 and 12 of Regulation (EU) 2022/2065 on digital services; communication takes place by e-mail, not by an automated system. We will confirm receipt of a notice without undue delay, the notice is assessed by a human in a timely, diligent and impartial manner, we will notify the person who submitted the notice of the decision with a statement of reasons and inform them that they can object to it within 30 days at the same address.
The Bienaro brand and the “Verified profile on Bienaro” badge. You may use the Bienaro name, its logo and the “Verified profile on Bienaro” badge only for the duration of the contract and only on the business’s website that we operate for you, and in links to it. Placing the badge, the logo or a claim of verification on a third-party website, on a profile with another service, on printed materials other than those we issue to you, or on a website that you operate yourself outside the platform is not permitted – the badge attests to a verified address and ratings from bookings, so outside the platform it would attest to something we have not verified. The exception is the embeddable widgets that the admin gives you for this purpose (Get bookings) – the booking window and the “Reviews” widget with a link to your verification profile: you may place these, unchanged, on your own website outside the platform too, because we load their content directly from Bienaro. Likewise, it is not permitted to obtain, order or otherwise solicit reviews that do not correspond to an actual visit, or to write such reviews of competitors. Such conduct constitutes unfair competition (Section 2976 et seq. of the Civil Code (Act No. 89/2012 Coll.)) and a misleading commercial practice; it entitles us to withdraw the badge, hide reviews and terminate the contract in accordance with chapter 12, in addition to the claims that the law gives us.
8. Personal data
- For your clients’ data, you are the controller and Bienaro is the processor – it processes the data according to your instructions and within the scope of the data processing agreement, which we conclude right at registration. The service also includes the public verification profile of your business on bienaro.com (chapter 7); we display reviews on it and in the embeddable “Reviews” widget as your processor on your instruction under Article 2 of the data processing agreement.
- The exception is the client account: your client has an overview of their own appointments, “My appointments”, at Bienaro and signs in to it with the phone number they use with you and a code from an SMS that Bienaro sends and pays for. For the data in this account, Bienaro is the controller. You agree that the client will see their bookings with you in it. Appointments that you enter for a client (manually, by import or via the interface) are first shown in the overview only as a question with your name, the day and the time; after the client confirms, or when the client books with you online themselves, they will see all their appointments with you. If the client does not recognise an appointment, we will show you a notice of a possible typo in the number, without any information about who replied. Nothing else happens with the data – we do not use it for marketing or for offering your clients to other businesses (in detail, the privacy policy and Article 2 of the data processing agreement). The “My appointments” page on your website links to the overview.
- A client’s phone number is the key to the client’s card and to the client’s account. A change of the number is therefore made by Bienaro support at your request, and you request the change only on the client’s instruction, with the number the client has given you themselves (for example, when the client has changed phones, or when correcting a typo).
- For data about your account, billing and support, Bienaro is the controller; the details are described in the privacy policy.
- The booking database and its backups are located in the European Union (Germany). Which other services work with the data, where and on what basis the data may be transferred outside the EU, is described by category in Article 8 of the data processing agreement and in the privacy policy. We never offer one business’s clients to another, and we do not sell data.
- We send to AI only information and texts about the business and its offer (they may contain names of people, such as yours or those of team members), questions you ask the help in the admin and, if you have content taken over from another page, the text of that public page; never data from your client records – this is explained on the AI at Bienaro page.
9. Your data, export and what happens to it
- Exporting clients and visit history is free of charge at any time and with no limit on the number – for security reasons with two-factor authentication and a 72-hour waiting period, which can be cancelled. We will notify you by e-mail that an export has been requested; this is a measure against misuse of the account, not an obstacle to leaving.
- Three years without any activity by a client: we anonymise the client’s data and the bookings remain in a form without personal data.
- After the account ceases to exist, we delete the business’s data and anonymise the data of clients who are not kept by another business or by a client account, as soon as the grace period has expired: 14 days if you cancel the business yourself in the admin, otherwise no later than within 30 days. Until the end of the period, the cancellation can be reversed. From the server image backups the data drop out no later than when those backups expire, that is, within a further seven days.
- Application programming interface and outgoing messages. The interface (reading and writing) and outgoing messages are part of the Rytmus plan, and we make them available on request: you request them in the admin under Settings → API and webhooks, and if you do not have that item there, write to us at podpora@bienaro.cz. We usually get back to you by email within two working days. After that, you create the access key to the interface and the address for outgoing messages yourself in the admin. The key is as secret as a password – whoever has it reads your calendar; you can invalidate it at any time. To the address for outgoing messages, we send information about bookings including the client’s name and contact details; you choose the program on the other side and are responsible for it as the controller of your clients’ data (data processing agreement, Article 5). After Rytmus ends, the key and the address remain, the interface responds with an error and messages are not sent until you renew the plan. We keep sent messages about bookings for 30 days and then delete them.
- The record of communication sent (when and which message we sent on your instruction, without its text) is kept by us for three years; it is evidence of performance and the basis for billing SMS. The overview of sent SMS in the admin is a view of the same record, not a second copy of it – the phone number is shown masked in it. A separate technical record of the delivery of individual e-mails (address, type of e-mail and delivery status, without content) is deleted after 12 months.
- We archive issued invoices and accounting documents for the period required by tax and accounting regulations.
10. Support and operation
- Support by e-mail at podpora@bienaro.cz. We usually reply by the second working day. If resolving the matter takes longer, we will write to you about how it stands.
- Backups. We back up the entire server, including the database, daily (server image backups with the hosting provider in Germany, kept for seven days). In the event of a server outage, our goal is to restore operation within 24 hours. Restoring from a backup may mean losing changes made since the last backup, that is, at most those of the last 24 hours.
- Maintenance windows and outages. We schedule planned maintenance outside peak times and announce it in advance by e-mail or on the website; we will inform you of a longer unplanned outage in the same way. As a safeguard, we send the overview of the day by e-mail in the morning: you have the day’s schedule in hand even when the platform is unavailable.
- No SLA. We make reasonable efforts to keep the service running without interruption, but we do not guarantee any specific availability and do not grant credits or discounts for outages. You can export your data at any time (chapter 9).
11. Liability
We are not liable for circumstances outside our sphere of influence – outages of infrastructure and network providers, delivery of e-mails and SMS by third parties, or force majeure. Nor are we liable for the availability, behaviour and content of the program for which you have switched on outgoing messages, or of the calendar whose address you have inserted – you choose both yourself. We are not liable for the content of your website, for the content of reviews, or for your relationship with clients.
To the extent permitted by law, the total liability of the operator is limited to three times the monthly fee for the last billing period, but no less than 1 000 Kč. For yearly payment, the monthly fee means one twelfth of the yearly price paid; for the free Kalendář, the stated lower limit applies. We do not compensate indirect damage, in particular lost profit, loss of a business opportunity or of goodwill. The limitation does not apply to harm to the natural rights of a human being, in particular harm to health, or to harm caused intentionally – and furthermore wherever the law does not permit it (Section 2898 of the Civil Code (Act No. 89/2012 Coll.)), that is, not in the case of gross negligence either. What you can expect from us regarding support, backups and outages is described in chapter 10.
12. Duration and termination of the contract
- The contract is concluded for an indefinite period.
- You can terminate it at any time, without giving a reason – in the admin (Settings → Business details → Cancel the business, and then the login itself via Account → Delete account) or by e-mail to info@toucan-labs.cz. You confirm the cancellation in the admin with your password, by retyping the business’s address and, if you have two-factor authentication switched on, also with the code from your authenticator; it can then be reversed for 14 days. We will confirm a termination sent by e-mail, and the contract ends on the day your e-mail is delivered unless you specify a later day. Export your data before termination; after termination, we proceed in accordance with chapter 9.
- We can terminate it in the event of a breach of these terms – in particular for sending unsolicited messages, publishing unlawful content, misusing the platform, or misusing the brand and the badge under chapter 7. We will first notify you and give you a reasonable period to remedy the situation; in the case of a serious breach that endangers operation, security or the rights of third parties, we can restrict or terminate the account immediately. If we terminate the contract in this way, the proportional part of the yearly plan is not refunded (chapter 5 and the list in chapter 13).
- Upon termination of the contract, your website at the address in the bienaro.com domain also ceases to exist. A custom domain remains yours; we will hand over the DNS zone to you in accordance with chapter 5.
13. Final clauses
- What makes up the contract. The contract consists of these terms and the data processing agreement. In matters of processing clients’ personal data, the data processing agreement takes precedence; otherwise these terms take precedence. The privacy policy and the AI at Bienaro page are informational documents – they describe how we operate the service and do not change the rights or obligations under the contract.
- Changes to the terms will be announced by e-mail at least 30 days before they take effect. If you do not agree with the change, you can terminate the contract by notice by the effective date, and we will refund you the proportional part of the subscription in accordance with the following point. Each of the documents that make up the contract bears its version number and effective date. The notice contains an overview of the changes, the effective date and a link to the new version; for your account, we record which version you accepted and when. Until the effective date, a notice about the new version is displayed in the admin. We send notices to the e-mail address registered with the account – please keep it up to date.
- When we refund money. We refund the price paid, or part of it, only in these cases:
- the guarantee under chapter 5 – within 15 days of the first paid activation of Rytmus, the price paid for the plan and the additional payment for team members,
- if you terminate the contract by notice by the effective date of a change to these terms or to the data processing agreement that you do not agree with – the proportional part of the subscription for the unused period,
- if the contract ends because of your objection to a new sub-processor under Article 7 of the data processing agreement – the proportional part of the subscription for the unused period.
- Language. We issue the terms in Czech; the admin is also available in other languages, and we offer informative translations of the terms into them, such as this one, but only the Czech version at bienaro.com/cs/podminky is binding.
- Governing law. The contract is governed by Czech law, in particular the Civil Code (Act No. 89/2012 Coll.). Since you use the service as an entrepreneur, the consumer protection rules do not apply.
- Should the service nevertheless be used by someone who is not an entrepreneur, the body for out-of-court resolution of consumer disputes is Česká obchodní inspekce (Czech Trade Inspection Authority), Štěpánská 567/15, 120 00 Praha 2, adr.coi.cz.
- We will try to settle disputes by agreement; if this is not successful, they will be decided by the court of general jurisdiction according to the operator’s registered office.
- If any clause is invalid or ineffective, the others remain in force.
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