1. General Provisions

1.1. These General Terms and Conditions (hereinafter „Terms“) govern the rights and obligations of the Contracting Parties in connection with the provision of the Service (as defined below). The current version of these Terms, published on the Website, forms an integral part of the Agreement concluded between the Customer and the Provider.

1.2. The Agreement is concluded in the Czech language. Legal relationships between the Contracting Parties not expressly governed by these Terms or the Agreement shall be subject to the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended (the „Civil Code“). In the event of a dispute, the Contracting Parties undertake to resolve it amicably. Should no agreement be reached, the dispute shall be resolved by the competent court in the Czech Republic in accordance with Czech law.

Definitions

Provider — DataLook BI s.r.o., Company ID: 117 93 007, registered office at Krunertova 464/10, 500 04 Hradec Králové, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, File 48173.

Website — the Provider’s internet portal accessible at www.datalook.com.

Customer — a natural or legal person with full legal capacity who independently, on their own account and responsibility, carries out a gainful activity in a trade or similar manner with the intention of doing so on a regular basis for profit, and who concludes an Agreement with the Provider. For the avoidance of doubt, a consumer cannot be a Customer. The Service is not intended for non-business entities. By placing an Order, the Customer expressly declares and warrants to the Provider that they are an entrepreneur within the meaning of Section 420 et seq. of the Civil Code.

Contracting Party / Contracting Parties — collective term for the Provider and the Customer.

1.4. By concluding the Agreement, the Customer assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

2. Conclusion of the Agreement

2.1. The Customer may place a binding order for the Service with the Provider (hereinafter „Order“) based on the Provider’s offer.

2.2. The Customer places an Order by confirming the Provider’s offer and signing it electronically via the Signi service, or by another suitable method capable of capturing the consent of the Contracting Parties, and by sending it via email to info@datalook.com.

2.3. The Customer is required to provide only accurate and up-to-date information in the Order. The Provider shall not be liable for any damage caused to the Customer as a result of false or outdated information in the Order.

2.4. By submitting the Order, the Customer confirms that they have read these Terms and the applicable Price List, agree to their content, and undertake to comply with them. The Agreement for the provision of the Service (hereinafter „Agreement“) is concluded upon delivery of the Order confirmation to the Customer.

3. Subject Matter of the Agreement

3.1. The subject matter of the Agreement is the Provider’s commitment to provide the Customer, in the form of SaaS (Software as a Service) and DaaS (Data as a Service), with the tool developed by the Provider called DataLook (hereinafter „DataLook“), and the Customer’s commitment to pay the agreed Price for this service (hereinafter „Service“).

The Service includes in particular:

• Implementation and services related to the initial setup and onboarding.
• Direct access to DataLook via a web interface using a unique username and password.
• Use of DataLook for the Customer’s purposes for the duration specified in the Agreement.
• Consulting services provided by the Provider to the Customer.

3.3. A more detailed specification of the content and parameters of the Service is available on the Website or in the Order. Provisions deviating from these Terms may be agreed between the Contracting Parties in the Agreement. Deviating provisions in the Agreement or other arrangements between the Contracting Parties shall take precedence over these Terms.

4. Licence

4.1. By concluding the Agreement, the Provider grants the Customer a non-exclusive, territorially unlimited licence to use DataLook (hereinafter „Licence“) solely for the purpose of proper use of the Service during the term of the Service provision. The licence fee is included in the Price. Without prior written consent, the Customer is not entitled to grant a sub-licence or assign the licence. For the avoidance of doubt, the Customer is also not entitled to assign the Licence to any entity forming a group with the Customer within the meaning of Section 71 of Act No. 89/2012 Coll.

4.2. The Customer may not exceed the scope of the Licence as agreed in the Agreement or set out in these Terms.

4.3. The Customer must not modify, reverse engineer, decompile, convert from source code, access the source code, disclose the source code to any third party, or attempt to circumvent the security measures and account restrictions within the application.

4.4. The content of DataLook and the Website, as well as content related to the application and web portal, is protected by the Provider’s copyright and may be protected by other rights of third parties. All rights to such content are the exclusive property of the Provider, including all text, graphical content, software, and the overall concept.

5. Term of the Agreement

5.1. The Provider is obliged to grant the Customer access to the Service without undue delay after the Customer has paid the Price (first payment) and to continue providing the Service for the duration of the Agreement, unless expressly stated otherwise in the Agreement or these Terms.

5.2. The Agreement is concluded for an indefinite period.

5.3. Either Contracting Party is entitled to terminate the Agreement (i.e., the provision of the Service) at any time, even without stating a reason. The notice period is 1 (one) month and begins on the first day of the calendar month following the delivery of the notice to the other Contracting Party.

5.4. In the event of termination of the Agreement by the Customer’s notice, the Customer is not entitled to a refund of any part of the Price.

5.5. The Provider reserves the right to immediately suspend access to the Service if the Customer is in default of payment of the Price (any instalment) or any other payment due to the Provider.

6. Service Price

6.1. The agreed price for the provision of the Service (hereinafter „Price“) is specified individually in the Order. The Price is considered paid at the moment the amount is credited to the Provider’s bank account. The Price List effective as of the effective date of these Terms is attached as Annex No. 1.

6.2. The Price is set for each calendar month and, unless otherwise agreed, is paid in advance for the following month in which the Service is to be provided.

6.3. The Price is due no later than 7 days from the date of delivery of the Provider’s payment request to the Customer (the request may be replaced by the issuance of a tax document / invoice).

7. Rights and Obligations of the Customer

7.1. The Customer is obliged to pay the Provider the Price for the Service duly and on time. In the event of default, the Contracting Parties agree on a contractual interest rate of 0.2% per day of the outstanding amount for each commenced day of delay.

7.2. The Customer must use the Service in a fair and lawful manner and must comply with all acceptable use policies and other instructions. The Provider is entitled to suspend the provision of the Service if it suspects a breach of this article or the Agreement. To ensure equal and consistent availability and quality of the Service for all users, should the volume of data transmitted or the frequency of queries exceed standard usage levels, the Provider reserves the right to apply a Fair Use Policy (FUP) and temporarily restrict the Customer’s access. In addition, the Customer shall be obliged to pay an increased Price corresponding to the Provider’s increased costs.

7.3. The Customer acknowledges that the content of the Service may change due to operational requirements, decisions of administrative authorities, or changes in the Provider’s data sources.

7.4. The Customer is obliged not to disclose their access credentials to third parties and to protect them from misuse.

7.5. The Customer must not use DataLook for illegal activities or activities contrary to generally binding legal regulations or good morals. The Provider bears no liability for such activities of the Customer.

7.6. After the termination of the Agreement, the Customer has the right to request deletion of their account. Deleted accounts cannot be restored, and all messages or settings contained therein will be permanently deleted.

7.7. The Customer undertakes to promptly notify the Provider of any failures or defects in the operation of the Service via email or the ticketing tool within the interface.

7.8. The Customer is obliged to provide the Provider with all necessary cooperation to ensure the provision of the Service — in particular, to grant the Provider the required access for proper configuration. If the Customer fails to provide the necessary cooperation, they remain obliged to pay the agreed Price.

The Customer acknowledges that in the course of providing the Service, the Provider gains access to all data stored in the account. The Customer hereby consents to the Provider examining, storing, archiving, backing up, and processing such data to the extent necessary for providing the Service (e.g., diagnosing reported errors, system repairs and updates, etc.).

8. Rights and Obligations of the Provider

8.1. The Provider undertakes to exercise all professional care to ensure the proper functioning of the Service.

8.2. The Provider is entitled to use third-party applications in connection with the provision of the Service and ensuring its proper functioning, including applications for data analysis and storage.

8.3. The Provider is obliged, upon request by a court, public prosecutor’s office, or other competent administrative authority (hereinafter „Public Authority“), or where such obligation follows from generally binding legal regulations, to grant the relevant Public Authority access to the Customer’s account.

8.4. The Provider is entitled to suspend the Customer’s access to their account in the event of a breach of the Agreement or these Terms by the Customer.

8.5. The Provider reserves the right to modify DataLook without prior notice. Any interruptions to the proper functioning of the Service during such modifications shall not constitute a breach of the Provider’s obligations under the Agreement, provided that the continuous duration of such interruptions does not exceed 8 hours.

8.6. The Provider is obliged to ensure the operation of all its software and hardware resources necessary for the provision of the Service. Exceptions include circumstances beyond the Provider’s control that cannot be prevented — such as force majeure, accidents, outages of public telecommunications networks, or other actions necessary for the provision of the Service (e.g., software updates, server configuration, etc.).

8.7. All data stored by the Customer in the account set up by the Provider remains the exclusive property of the Customer. The Provider does not acquire any ownership or usage rights to such data, unless expressly, in writing, and in advance agreed otherwise.

9. Provider’s Liability

9.1. The Provider is not responsible for the content and nature of the Customer’s data stored in the account or sent for the purpose of using the Service, nor for the content and nature of data belonging to any third parties.

9.2. The Provider shall not be liable for any damage caused to the Customer as a result of any malfunction, failure, error, incorrect advice, or defect in the Service, or any feature of the Service that the Customer was unaware of or did not anticipate. The Customer hereby waives all claims for compensation for such damage, unless the Provider caused such damage intentionally or through gross negligence.

9.3. The Provider is not responsible for the archiving of the Customer’s data or for any potential loss thereof.

9.4. For the avoidance of doubt, by concluding the Agreement, the Customer declares that the maximum damage that may be caused to them as a result of using the Service does not exceed the Price of the Service for a period of one year. The Contracting Parties hereby limit any potential compensation for damages accordingly.

10. Personal Data Processing

10.1. The Customer confirms that the personal data provided is accurate and that they have been informed that providing such personal data is voluntary.

10.2. The Provider processes the following Customer personal data:

• Full name / company name
• Registered address
• Company ID (IČ), VAT number (DIČ)
• Email address
• Bank account number and bank code
• Phone number
• IP address

10.3. The above personal data is processed for the purpose of identifying the Contracting Parties and fulfilling the Agreement, as permitted by Article 6(1)(b) and (f) of Regulation (EU) 2016/679 (GDPR). The IP address is also processed for the purpose of protection against cyber attacks, as permitted by Article 6(1)(f) of the GDPR.

10.4. Personal data will be retained for the duration of the Agreement and for a further period of 10 years after its termination, unless another legal regulation requires a longer retention period.

10.5. The Customer acknowledges that they are obliged to provide accurate and truthful personal data and to inform the Provider without undue delay of any changes to their personal data.

10.6. The email address may be processed for the purpose of sending commercial communications. This is permitted under the applicable laws governing electronic communications, based on the concluded Agreement, unless the Customer opts out. Such communications relate only to similar services and may be unsubscribed at any time in a simple manner — by letter, email, or by clicking the unsubscribe link in the communication. The email address will be processed for this purpose for the duration of the Service and for 3 years after its termination.

10.7. The Customer’s rights under the GDPR:

• Right to request information about what personal data is being processed.
• Right to access, update, or rectify such data, or to request restriction of processing.
• Right to erasure of personal data.
• Right to data portability and the right to request a copy of the processed data.
• Right to object to processing based on legitimate interests (Art. 6(1)(f) GDPR).
• Right to lodge a complaint with the Office for Personal Data Protection (Czech supervisory authority) or with the competent supervisory authority in the EU member state of habitual residence, and the right to effective judicial protection.

11. Final Provisions

11.1. The Provider has the right to amend these Terms and/or the Price List at any time. The Provider must notify the Customer of any changes and simultaneously publish the new full version on the Website. If the Customer does not agree with the changes, they may terminate the Agreement no later than 30 days from the date the changes were published. If the Customer does not terminate the Agreement, the Agreement will be governed by the new Terms and Price List as of the 31st day from publication.

11.2. Should any provision of these Terms be or become invalid or ineffective for any reason, this shall not affect the validity or effectiveness of the remaining provisions of these Terms or any Agreement.

These Terms enter into force and effect on 1 June 2021.