TERMS AND CONDITIONS DIGITOO
General Provisions
These general terms and conditions (hereinafter referred to as "Terms") are issued by the company Digitoo s.r.o., with its registered office at Pernerova 697/35, Karlín, 186 00 Prague, ID: 08494584, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 319199 (hereinafter referred to as "Digitoo" or "we").
Digitoo is a company specializing in the digitization of accounting processes, and these Terms are issued to regulate contractual relationships between us and you (hereinafter referred to as "User" or "You") as users of the website [http://www.digitoo.ai] (hereinafter referred to as "Website") and/or our services (hereinafter referred to as "Services"), or leading to the use of the Digitoo App application (hereinafter referred to as "Application").
"Services" mainly refer to the data extraction service from uploaded or otherwise provided invoices and their export to the desired format, or any other integration with another application or system.
"Application" refers to the Digitoo App application - a cloud solution that uses artificial intelligence to extract data from invoices without templates and setup.
The use of our Website and Services is subject to these Terms. By using (even temporarily for trial purposes) our Website and/or Services (e.g., entering your email through our Website, uploading invoices, etc.), creating a user account, and/or placing a binding order or temporarily using the Application, you agree to and commit to abide by these Terms. These Terms apply to all performances we provide, governing all contractual relationships between us and you, unless a separate service agreement with Digitoo is concluded between us.
Digitoo is authorized to fulfill obligations arising from these Terms through third parties and transfer to these third parties the rights and obligations arising from these obligations without your consent.
The assignment of rights and obligations of Users arising from the relationship established by these Terms is not possible without our prior written consent. The exchange of email and/or other electronic messages is not considered written form for this purpose.
The offsetting of any claims arising from the contractual relationship established by these Terms by the User is not allowed.
All Digitoo offers are non-binding unless expressly stated otherwise in the offer. Errors are reserved. Offers become binding only after the User's orders are confirmed in writing by Digitoo. The delivery or provision of the Application is equivalent to written confirmation. Offers must not be made available to third parties by the User.
If you access the Services on behalf of your employer, you declare and warrant that you have the authority to agree to these Terms on behalf of your employer.
In relation to the use of the Services, you must provide us with: (i) true, accurate, current, correct, and complete registration information about yourself as prompted by the registration form for the Services, and (ii) maintain and promptly update your information to keep it true, accurate, current, and complete. Digitoo does not assume any obligation to verify this information. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Digitoo has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Digitoo has the right to suspend or terminate the provision of Services (or any part thereof). Digitoo may, at its sole discretion, refuse to offer Services to any person.
Providing Services
Souhlasíte s tím, že nebudete (a nepovolujete žádné třetí straně):
Upload, email, or otherwise transmit any files or programs intended to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
copy, reproduce, modify, alter, or publicly display any information displayed on the Website and/or outputs of the Services or create derivative works from our websites, applications, and/or outputs of the Services if such actions would constitute a violation of copyright or otherwise violate the intellectual property rights of Digitoo or any other third party, except with the prior written consent of Digitoo or the relevant third party.
Modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Services unless the enforcement of the above restrictions is prohibited by applicable law;
allow access to the Services for the purpose of (i) creating a competitive product or service or (ii) copying any ideas, features, functions, or graphics of the Services;
use Digitoo's intellectual property rights for your benefit without our express written consent.
Prices
The prices stated in the relevant valid Digitoo price list or in a time-limited offer apply unless these Terms provide otherwise.
Payment Conditions
The order made by the User and confirmed by Digitoo is binding.
The fee for the paid provision of the Application is paid by the User either in a lump sum or for a fee on a monthly, quarterly, annual, or other basis chosen by the User when ordering, according to current conditions, in advance to Digitoo's bank account or by crediting to another account notified to the User in advance by Digitoo.
The amount to be paid by the User is always considered duly and timely paid at the moment of its crediting to Digitoo's bank account or crediting to another account notified to the User in advance by Digitoo.
Digitoo is the payer of value-added tax according to Czech legal regulations, and therefore, this tax is always added to our prices in the statutory amount.
If the User is in default with payment, Digitoo is entitled to suspend all performances and/or terminate these Terms until the payment is received.
Digitoo categorically does not provide any refunds for performances and/or their parts that have already been provided to the User.
Responsibility
Under no circumstances will Digitoo be liable for any content provided by the User, including but not limited to any errors or omissions in any content, or for any loss or damage of any kind arising from the use of any content posted, transmitted, or otherwise made available through the Website and/or Services.
Digitoo is not responsible for damages caused by malfunctions (especially data transmission), delays, errors, interruptions, software errors, and incorrect data that may occur in the operation of the Website and/or Application unless such damage occurs because Digitoo intentionally or through gross negligence violated the contract.
Digitoo is not responsible for errors in the Application. Digitoo, in particular, does not assume responsibility for the Application not meeting the requirements and purposes of Users or not cooperating with other programs. The User is responsible for the consequences of using the Application and for the intended and achieved results.
Terms of Application Usage
The delivered or provided Application and/or outputs of the Services are intended only for the User and/or its employees or persons in a similar employment relationship. The User and/or any of its employees or persons in a similar employment relationship may not disclose the Application and/or outputs of the Services or any information about them to third parties.
The User may not do anything that could lead to unauthorized use of the Application and/or outputs of the Services. In particular, the User is not authorized to bypass, remove, and/or limit any mechanisms designed to protect Digitoo's rights.
The User is responsible for its activities related to the use of the Website, Application, and outputs
In case of non-compliance with the provisions of this Article 6 by the User, Digitoo reserves the right to assert claims for compensation against the User for any damage incurred by Digitoo in this context.
License and Copyright
The website and outputs of the services are protected by Act No. 121/2000 Coll., on copyright, on rights related to copyright, and on the amendment of certain laws (copyright law), as amended, and other related regulations. Users are granted the right to use the website and outputs of the services. This usage includes using the website and outputs of the services in accordance with their meaning and purpose.
The user acknowledges that Digitoo is the exclusive holder of all rights related to the website and outputs of the services. When using the website and outputs of the services, the User is always obliged to act in a way that does not violate any rights of Digitoo and complies with the legal order of the Czech Republic, especially with legal norms related to copyright.
Neither the license nor these terms transfer any copyright to the User.
Confidentiality of Information
The obligation of confidentiality under these terms does not apply to the disclosure of Confidential Information:
to persons working for the benefit of the User (e.g., lawyers, auditors, or other advisors of the User) if the knowledge of such Confidential Information is necessary for the performance of the tasks of such person in connection with these terms; or
if Digitoo has given prior written consent to the disclosure; or
in the case of a legally imposed obligation to prevent or report the commission of a criminal offense or other information obligations imposed by law. In such a case, the User is obliged to designate the provided information as a trade secret and promptly notify Digitoo of its disclosure.
Failure to comply with Articles 8.1 and 8.2 entitles Digitoo to impose contractual penalties in the amount of the value of the performance provided. Payment of the contractual penalty under this paragraph does not affect Digitoo's right to compensation for damages exceeding the amount of the paid contractual penalty.
Final Provisions
These terms are governed by the laws of the Czech Republic. General courts of the Czech Republic have jurisdiction over legal disputes between Digitoo and Users.
If any provision of these terms is found to be invalid, ineffective, or unenforceable, such provision shall be replaced by a provision that most closely approximates the meaning and purpose of the original provision. The invalidity or ineffectiveness of one provision does not affect the validity and effectiveness of other provisions of these terms.
These terms replace all previous agreements, oral or written, between Digitoo and Users regarding the subject matter of these terms. To exclude any doubts, these terms apply to all contractual relationships between Digitoo and Users who entered into a contractual relationship with Digitoo before the effectiveness of these terms, from the beginning of any contractual relationship with Digitoo. The User expressly agrees to this. In case a separate service agreement between Digitoo and the User is concluded, its provisions take precedence.
Changes and additions to these terms can only be made in writing unless another method is provided in these terms. If necessary, we are entitled to unilaterally change the wording of these terms. Digitoo will announce the change at least 30 days before it takes effect by displaying a notice on the website, in the application, or by email to the User. If the User does not agree with the change, they have the right to withdraw from the relevant contractual relationship based on these terms, effective from the date of the announced changes, by canceling their user account. If the User does not cancel their account by the effective date of the change, it is considered that they agree to the change.
These terms are valid and effective from September 15, 2021.
Digitoo is not responsible for any damages, injuries, or losses arising from any actions or omissions of the User or other third parties in connection with the use of the website, services, and/or application. We are also not responsible for damages or losses arising from your actions or omissions that are contrary to these terms.
You are not entitled to set off any of your claims against any of Digitoo's claims, nor are you entitled to withhold any payments intended for Digitoo regardless of the nature and purpose of these payments. Digitoo is entitled to set off any of its claims against any of your claims.
Your rights and/or obligations arising from these terms may be assigned (transferred) to third parties only with the prior written consent of Digitoo. By this, you grant Digitoo your consent to the assignment of all rights and/or obligations arising from these terms to third parties.
The provisions of these terms are separable, and if any part of them is considered invalid, illegal, ineffective, or unenforceable, it shall not affect the validity, effectiveness, and enforceability of the remaining provisions of these terms.
