1.1. Provider
1.1.1 The Provider is Launify s.r.o., with its registered office at Sokola Tůmy 743/16, Mariánské Hory, 709 00 Ostrava, ID No. 19380038, registered in the Commercial Register kept by the Regional Court in Ostrava, file no. C 92723/KSOS.
1.1.2 Provider’s Contact Details
1.2. Launify System
1.2.1 The Launify System (hereinafter referred to as the "System") is a software designed for operators of e-shops and websites, which includes the possibility of packaging this e-shop or website into a hybrid application and publishing it on the AppStore for Apple and Google Play for Android mobile phones, and also offers functions for address suggestions, email completion, and phone number corrections configured by the customer.
1.3. Definitions
1.3.1 Application – a mobile application intended for devices (especially mobile phones) with iOS or Android operating systems;
1.3.2 Regulation – the General Data Protection Regulation (EU) 2016/679 of the European Parliament and Council;
1.3.3 Terms and Conditions – these Terms and Conditions for the use of the Launify application system;
1.3.4 Agreement – the Agreement for the use of the Launify system, concluded between the Provider and the Customer via email communication or by creating a user account by the Customer;
1.3.5 Contracting Parties – collectively the Customer and the Provider;
1.3.6 Approval Process – the Provider checks whether the Website or e-shop is eligible to create an application or embed the provided functions;
1.3.7 Specification – email communication agreed upon by both the Provider and the Customer;
1.3.8 Application Functionality – the linked website or e-shop through webview, with notification capabilities and a bottom native bar.
1.3.9 Autocomplete – A prediction control element that offers hints or options based on partially entered text in form fields during filling out;
1.3.10 Validator – A tool that verifies the correctness of entered data according to predefined rules and formats;
1.3.11 Price – refers to the tariff price;
1.3.12 Request – a request made through the API to our server;
1.3.13 Address – defined as 15 requests.
1.4. Relationship between the Agreement and these Terms and Conditions
1.4.1 Part of the content of the Agreement is determined by reference to these Terms and Conditions. Unless expressly stated otherwise in the Agreement or Specification, or unless the validity of certain provisions of these Terms and Conditions is excluded or modified by the Agreement or any other express arrangement between the Provider and the Customer, these Terms and Conditions apply to the mutual relationships of the Contracting Parties.
1.4.2 If the rights and obligations of the Contracting Parties specified in the Specification differ from those specified in these Terms and Conditions (e.g., the creation of Graphic Designs or the method of application activation is regulated differently), the regulation specified in the Specification shall take precedence.
1.4.3 If a reference is made in the text of the Terms and Conditions to another article, it shall mean a reference to another article in these Terms and Conditions unless expressly stated otherwise, indicating a reference to an article of another document, such as the Specification.
1.5. Communication Between the Contracting Parties
1.5.1 The Customer acknowledges and agrees that unless explicitly stated in the Contract, Specification, or these Terms and Conditions that a particular action must be taken "in writing", all notifications, requests, reminders, invoices, or other actions related to the relationship arising from the Contract can be made via email sent to the Customers email address specified in the Specification, or to the Providers email address specified in Article 1.1.2, without the need for the respective emails to be signed electronically.
2.1. Deployment of the Application/Feature, Activation of the Application/Feature
2.1.1 The Provider will perform the Approval Process. If the process proceeds without complications, the steps will continue.
Application:
2.1.2 The Application was demonstrated to the Customer before the start of the paid period, and the Customer was familiarized with the basic functions of the Application and the layout of the user administrative interface for the Application. The Customer had the opportunity to verify whether the Application has the appropriate features and sufficient functionality to fulfill the purpose of the Contract and whether it is suitable for the Customers business activity. Therefore, deficiencies or defects in the System are not considered when it exhibits the agreed or usual features, unless:
2.1.3 Unless otherwise specified in the Specification, the Application is considered properly handed over and made available to the Customer at the moment when the Provider sends the access credentials to the Customers email address, including a link to the publicly available Application on the App Store and Google Play.
2.1.4 The Customer is required to confirm by email upon the Providers request that the Application has been properly handed over and activated, and that the Provider has performed all actions according to Article 2.3. If the Customer has objections, they must state them as a response to the handover email within 3 days of handover; otherwise, it will be assumed that the Application, including all parts, has been handed over and activated without objections and is free of defects.
2.2. Proper Handover of the Mobile Application
2.2.1 The Provider conducts an Approval Process for the Website or e-shop to check whether there are any defects or other unsuitable elements that could block the later implementation of the mobile Application. In case such defects are found, the Provider will contact the Customer via the respective email.
2.2.2 The Provider will prepare the Graphic Presentation, which the Customer must approve or provide feedback for modifications as per point 2.1.
2.2.3 The Provider will create the application and submit it for approval to Google Play and the App Store.
2.2.4 After approval from Google Play and the App Store, the Provider will send the links to the publicly available Application, along with the access credentials to the administrative interface, to the Customers email address.
2.3. Functions and Services:
2.3.1 To use the functions and services, the user must register according to the instructions on our web interface. By registering, the user agrees to comply with these terms and conditions and also consents to the privacy policy. By completing the registration form, a user account is automatically created, which is protected by a password. The user is obligated to protect their login credentials and must not share them with third parties. The operator is not responsible for the misuse of login credentials by third parties. The information provided during registration must be truthful and up-to-date. The user is required to update their information if there are any changes.
2.1.2 After registration, the user will be able to use all the functions and services available within their plan. They will also have access to monitor statistics and manage their user account and service.
2.1.3 We reserve the right to cancel the user account at any time if the user violates these terms and conditions, acts contrary to good morals, regulations, or laws.
2.4. References
2.4.1 The Provider is authorized to include information in its informational and advertising materials or reference lists that the Customer has used or is using the Provider’s products or services, and this information may also be communicated through the internet or other communication channels (hereinafter referred to as "Reference"). For this purpose, the Provider is authorized to also use the Customers current logo and trademark, or to include a brief description of the Customer (their business sector, size, etc.), or a case study of the implementation or use of specific products or services of the Provider. The manner of using the Reference must not damage the Customers good name.
3.1. Updates and Development of the Application/Function, Downtime and Availability of the Application/Function
3.1.1 The Provider is entitled to continuously develop the System and update it. Updates will primarily be carried out to improve the stability of the Application/Function/Service, as a response to developments in information technology (e.g., new versions of third-party web browsers), or to expand functionality.
3.1.2 Any changes to the Application/Function/Service, its graphics, controls, and other changes to the Application/Function/Service are not considered defects, and the Customer is not entitled to previous versions of the Application/Function/Service or any other custom modifications.
3.1.3 The Provider is entitled to perform maintenance on the Application/Function/Service and its modifications throughout the duration of the Agreement. In this regard, the Provider is entitled to temporarily suspend the Application/Function/Service or significantly limit its operation (downtime) for the necessary duration. If possible, the Provider will notify the Customer of the downtime in advance via the administrative interface of the Application/Function/Service or by email. The Providers obligations under Article 3.1.4 are not affected by this provision.
3.1.4 The Provider commits to ensuring the availability of the Application/Function/Service, i.e., maintaining the basic functions and features of the Application/Function/Service, including the Customers remote access to their data stored on the Providers server. The Providers commitment to ensure the availability of the Application/Function/Service is considered fulfilled for the respective month if the total downtime and/or critical incidents caused by the Provider in that month do not exceed 48 hours (tolerance limit).
3.1.5 If the Application/Function/Service becomes unavailable due to circumstances specified in Article 3.4.5 c), due to force majeure (Article XXX5.3.4), or other reasons for which the Provider is not responsible (Article 5.3.2), or if the Customers access to the Application/Function/Service is suspended due to a delay in payment of the Monthly Fee, or due to the exercise of rights because of illegal content distributed by the Customer through the Application/Function/Service (Article 5.2.6), the downtime will not be counted towards the tolerance limit as per Article 3.1.4.
3.4. Incident Resolution
3.4.1 The Provider is required to respond to incidents in the manner and within the deadlines specified later in this section of the Terms and Conditions. The response time is determined based on the nature of the incident, and to determine the response time, incidents are categorized as follows:
3.4.2 The Customer is required to report incidents by email, including a description of the incident, when and how it occurred (when the Customer identified it), how it manifests, and, if applicable, attaching or copying the error message. If not already clear from the email, the person reporting the incident must be explicitly identified.
3.4.3 The Provider is required to respond (response time) on business days:
3.4.4 The response time begins and runs only on business days from 9:00 AM to 5:00 PM. The response time will be automatically extended by the duration during which remote access was unavailable due to reasons on the Customer’s side or third parties.
3.4.5 The Customer acknowledges that incidents are often not caused by defects in the Application/Function/Service but may have other causes specified later in Article 3.4.5 c) of the Terms and Conditions. An incident is considered resolved when the Provider:
3.4.6 If more than 3 incidents are reported in the relevant calendar month, where the Provider has proven that the main cause of the incident was a fault or outage of third-party services or misconduct on the part of the Customer (Article 3.4.5 c), the Provider is entitled to a reasonable fee, which will be calculated as a multiple of the hourly rate specified in the Specification and the number of hours the Provider actually spent locating the incidents reported by the Customer that were not caused by a fault in the Application/Function/Service; for the purposes of this article, time spent on travel to the relevant premises is also counted as time spent on incident localization. The Provider must make this claim in writing and justify the cause of the incident and the amount of incurred costs.
3.5. Hot-Line and Communication between the Contracting Parties
3.5.1 The Provider ensures the operation of a hot-line service on business days from 9:00 AM to 5:00 PM, during which basic technical support is provided to the Customers contact persons free of charge, and incidents are accepted.
3.5.2 The hot-line is designated only for the Customers contact persons listed in the Specification, and due to capacity reasons, it is not intended to provide support to all end users.
4.1. Price
4.1.1 The Customer is obliged to pay the Provider the price, the exact amount of which is specified in the Specification. The price consists of one component:
4.2. Billing and Payment Terms
4.2.1 The billing method and payment terms are always conditioned upon the invoice for the given month.
4.2.2 The Customer agrees to receive invoices electronically in PDF format or another suitable format, always sent to the Customers email address.
4.3. Customers Delay
4.3.1 In the event of delay in payment of the Monthly Fee or part thereof by the Customer, beyond the due date indicated on the invoice, the Provider is entitled to suspend the Customers access to the Application/Function/Service until the overdue amount is paid, without any claims from the Customer for damages and/or contractual penalties arising from such action by the Provider, which is not considered a delay on the Providers part, and cannot be deemed as an incident. The Providers right to the full Monthly Fee is not affected by the fact that access to the Application/Function/Service has been suspended (and the System was therefore unavailable to the Customer).
4.3.2 Before suspending the Customers access to the Application/Function/Service as per Article 4.3.1, the Provider is obliged to notify the Customer about their delay in payment and the right to suspend access to the Application/Function/Service at least twice, with at least one notification sent at least 7 days before the access suspension. A sufficient form of notification is an email sent to the Customers email address provided in the Specification.
4.3.3 If access to the Application/Function/Service is suspended according to Article 4.3.1, the Provider is obliged to restore access to the Application/Function/Service, including all agreed-upon functions, within 72 hours from the moment the overdue payment is credited to their account.
4.3.4 This Article 4.3 does not affect the Providers right to terminate the Agreement for its substantial breach.
5.1. Liability for Legal Defects
5.1.1 The Provider is responsible for ensuring that the Application/Function/Service or any other performance provided under the Agreement is not burdened with the rights of third parties.
5.1.2 If it is revealed that a third party claims a right to the Application or any other copyrighted work provided or created based on the Agreement, the Provider is obligated to provide necessary documentation and cooperation for legal defense or to take corrective action. The Customer must notify the Provider of any third-party claim regarding legal defects without undue delay; in the event of a legal dispute, the Customer is obligated to ensure proper and diligent handling of the dispute and take all necessary actions to protect their rights from being questioned due to insufficient legal defense.
5.2. Liability for Content
5.2.1 The Provider emphasizes that it does not participate in the creation of content that the Customer will make available through the Application/Function/Service, whether the content is published via the Web-based e-shop or the Application/Function/Service, or content that the Customer will send to their customers through the Application/Function/Service; the Provider does not create or supply any photos, texts, images, or other elements that could be protected as intellectual property. The Provider is not required to monitor this content or content placed on third-party servers that the Customer will reference.
5.2.2 If the Provider places photos, texts, images, or other content into the Application/Function/Service, this content is always provided by the Customer. The Customer is obligated to ensure that the publication of such content does not infringe on any other rights of third parties, especially personality rights or privacy protection laws, nor violate legal regulations, particularly copyright law or intellectual property laws.
5.2.3 The Customer is obligated not to make available any illegal content through the Application/Function/Service and ensure the legality of content made available through the Application/Function/Service. For the purposes of this Agreement, illegal content is content that unlawfully infringes on the personality rights of third parties or the reputation of legal entities, constitutes unfair competition, unauthorized interference with copyrights or industrial rights, or the spreading or promotion of any illegal or criminal activities.
5.2.4 The Customer is not permitted to send unsolicited commercial communications (SPAM) through the Application/Function/Service as defined by Act No. 480/2004 Coll. on certain information society services.
5.2.5 If a third party contacts the Provider in connection with illegal content made available by the Customer through the Application/Function/Service, the Customer is obligated to promptly provide the Provider with necessary explanations and information; the Provider’s right under Article 5.2.6 is not affected by this.
5.2.6 Once the Provider becomes aware of a breach of the Customer’s obligations under Article 5.2.3 or 5.2.4, the Provider is entitled to:
5.2.7 The deletion of unlawful content or deactivation of the entire Application/Feature/Service by the Provider in accordance with article 5.2.6 does not constitute a defect in the Application/Feature/Service or a breach of contractual obligations by the Provider, even if it is later determined by a court or other authority that the content was not unlawful.
5.2.8 In the event of a justified removal or deactivation of the Application/Feature/Service or data of the Customer, the Customer is not entitled to a refund of the already paid One-time price or Monthly price, or its proportional part.
5.3. Liability for Damage
5.3.1 Each Contracting Party is responsible for actual damage caused by its fault in breaching its obligations under the Agreement and these Terms and Conditions, and neither Contracting Party is liable to the other for lost profits. The Contracting Parties have agreed to limit the right to compensation for damages resulting from a breach of obligations under the Agreement, with the amount of compensation in each case being limited to twice the Monthly price; for the purposes of calculating the total amount of the limitation, the Monthly price excluding VAT will be used. No party is obligated to compensate for damages beyond this limit unless the damage was caused intentionally or by gross negligence.
5.3.2 The Provider is also not liable for damages caused by the unavailability of the Application/Feature/Service or incidents if they were caused by the Customer, third parties, or circumstances excluding liability. The Provider is not liable for damage caused in particular by
5.3.4 The Provider is relieved of the obligation to compensate for damages if an extraordinary, unforeseeable, and insurmountable obstacle occurs that prevents the fulfillment of obligations under the Agreement (§ 2913 of the Civil Code); if such an obstacle occurs, the Provider is obligated to notify the Customer without undue delay. Such extraordinary, unforeseeable, and insurmountable obstacles include, but are not limited to, the following:
5.3.5 The effects excluding liability are limited to the duration of the obstacle that caused them, unless these circumstances result in software defects, malfunctions, or complete destruction of the technical equipment or software necessary for the operation of the Application/Feature/Service, or defects in third-party technical equipment or software.
5.4. Confidentiality
5.4.1 The Contracting Parties mutually agree to maintain confidentiality regarding all material facts obtained in the course of their activities arising from the Agreement, particularly facts that constitute their trade secrets as defined in § 504 of the Civil Code and confidential information (hereinafter referred to as the "Confidentiality Obligation").
5.4.2 A trade secret consists of competitively significant, identifiable, assessable facts that are generally unavailable in relevant business circles and are related to the business, the owner of which ensures their secrecy for their own benefit in an appropriate manner.
5.4.3 A breach of the Confidentiality Obligation is defined as an act in which one contracting party unlawfully discloses, makes accessible, or uses for itself or another person the trade secrets or confidential information obtained during its activities from the other contracting party, if such action is contrary to the interests of the other contracting party and is done without its consent.
5.4.4 A breach of the confidentiality obligation does not include:
5.4.5 The contracting parties are bound by the confidentiality obligation for as long as the facts establishing this obligation exist, unless they are released from confidentiality or the information becomes publicly available by other means.
6.1. Duration and Termination of the Agreement
6.1.1 The Agreement is concluded for an indefinite period.
6.1.2 The Agreement is terminated or ceases to exist:
6.2. Termination
6.2.1 Each Contracting Party may terminate the Agreement without stating a reason. The termination must be in writing or, if applicable, in electronic form via email, provided that the conditions for electronic communication specified in Art. 1.5.1 are met.
6.2.2 The notice period is 30 days, starting from the day following the delivery of the termination to the other Contracting Party. During the notice period, the contracting parties are obliged to fulfill their obligations under the Agreement in full.
6.2.3 The Customer may terminate the Agreement in the manner and within the time period specified in Art. 7.1.4 if they do not agree with the unilateral change of the Terms and Conditions.
6.3. Withdrawal
6.3.1 Either party may withdraw from the Agreement due to a substantial breach of obligations by the other Contracting Party, particularly in the following cases:
6.3.2 The notice of withdrawal must be in writing, delivered to the other Contracting Party, and is effective on the day of delivery or a later date specified in the written notice of withdrawal.
6.4.1. Settlement of the Agreement
6.4.2 In the event of termination of the Agreement for any reason (mutual agreement, notice of termination, or withdrawal), after the Application/Function/Service has been activated and put into operation, the Customer will not be refunded the Monthly Fee paid for the previous period, nor the proportional part of the Monthly Fee for the current period during which the Application/Function/Service was properly available.
6.4.3 Considering that the Customer has access to all data stored within the Application/Function/Service in commonly used formats, the Provider is not obliged to assist with the migration of this data to the Customers new information system or provide any other assistance related to the transition to a new information system.
6.4.4 The Contracting Parties have agreed that the Provider is entitled to delete (remove) all the Customers data stored on the Providers servers or other data storage devices after a 15-day period from the termination of the Agreement. The Customer acknowledges this and understands that such deleted data will no longer be recoverable.
6.4.5 The termination or cancellation of the Agreement does not affect claims for damages, contractual penalties, and other provisions that, by the intention of the Contracting Parties or due to their nature, are meant to continue after the termination of the Agreement.
7.1. Unilateral Changes to the Terms and Conditions
7.1.1 The Provider has the right to change or supplement the Terms and Conditions at any time within a reasonable scope, especially in the following cases:
7.1.2 Changes to the Terms and Conditions will be sent by the Provider to the Customers email address specified in the Specification and will also be made available to the Customer through the administrative interface of the Application/Function/Service.
7.1.3 The modified Terms and Conditions will take effect from the date specified in the modified Terms and Conditions, but not earlier than from the notification of their change to the Customer. The Provider undertakes to deliver the notification of the change to the Customer at least fifteen (15) days before the effective date of the changes.
7.1.4 If the Customer does not agree with the change to the Terms and Conditions, they have the right to reject them and terminate the contractual relationship with the Provider by sending a notice of termination within ten (10) days, starting from the day the Customer was informed of the publication of the changed Terms and Conditions. The notice of termination under this paragraph must be sent via email or in writing to the contact addresses provided when submitting the system inquiry. The notice of termination will take effect on the first day after its delivery, and the notice period is 30 days.
7.1.5 If the Customer does not terminate the contractual relationship in the manner and within the time limits specified in Art. 7.1.4, it is considered that the Customer has accepted the changes to the Terms and Conditions.
7.2. General Provisions
7.2.1 The contractual relationship arising from the Agreement is governed by Czech law, especially the provisions of Act No. 89/2012 Coll., the Civil Code.
7.2.2 Disputes arising from or in connection with this Agreement, as well as disputes regarding its validity or the consequences of invalidity, will be resolved in the Czech Republic by the competent court in Ostrava.
7.2.3 The current version of these Terms and Conditions and the contract for the processing of personal data are publicly available on the Providers website (launify.com). The Customer may reproduce and archive the Terms and Conditions.