General Terms and Conditions

  1. Introductory Provisions

    1. These general terms and conditions regulate the legal relations between the company, s.r.o., with its registered office at Na Šafrance 29, 101 00 Prague 10, ID: 26419939, VAT number: CZ26419939, the provider of the GROWITO service (hereinafter "Provider") and User of the GROWITO online application (hereinafter referred to as "User") from Contracts for the provision of Services concluded through means of remote communication via the Provider's website interface.< /li>
    2. The Provider provides the User with the service under the conditions stated below, which consists of a set of online resources and tools primarily intended for the acquisition, processing and statistical evaluation of personal data (so-called "leads") from websites users and/or social networks using conversion forms primarily for the purpose of selling the User's goods or services or for another purpose (hereinafter referred to as the "Service").
    3. User of the Service is any person who voluntarily performed and completed registration and, as part of this process, confirmed agreement with these terms and conditions. Registration of the User creates a contractual relationship between the Provider and the User governed by these conditions.
    4. These Terms and Conditions do not contain any agreement on a contractual penalty for the burden of the User. However, the user is legally responsible for damage (property and non-property) caused by the Provider as a result of the violation of any contractual obligation stipulated by these Terms.
    5. As a result of an earlier substantial breach of any contractual obligation stipulated by these Terms and Conditions, the Provider is further entitled not to enter into a contractual relationship with the User.
      • Terms of Service

        1. Based on these Terms and Conditions, the Provider undertakes to provide the User with authorization to use the Service.
        2. The user acknowledges that the service is subject to the Provider's rights, especially when dealing with intellectual property rights and copyright law, and may not obtain or attempt to obtain any reproductions of the work in any way or provide it to third parties without authorization.
        3. li>
        4. The user guarantees that he will use the Service in accordance with the applicable legal regulations in the Czech Republic. The User undertakes to provide compensation for all damages and losses that may be caused to the Provider by the rights of a third party.
        5. The User acknowledges that the Provider does not comply with §5 of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain laws (the Act on certain services information society), as amended, responsibility for the content of information published and stored by the acquirer. The User further acknowledges that the Provider is not responsible for the illegal actions of the User.
        6. The provider is obliged to ensure the technical environment of the Service with such parameters that enable the smooth operation of the Service. The provider is not responsible for Service outages of a technical nature, especially outages of electricity supply, outages of the affected data networks, failures caused by force majeure or third parties. However, the Provider is obliged to make every effort to ensure that the Service is operational again in the shortest possible time.
        7. The user acknowledges that during the provision of the Service, there may be a temporary limitation or reduction in the quality of the Service, or temporary outages related primarily to planned server shutdowns due to maintenance.
        8. The Provider hereby informs the User that the operation of the Service is also ensured through third parties.
      • Service provision

        1. The Service is provided by the Provider to the User on the basis of paid credits, which enable access (unlocking) of incoming requests and their subsequent processing.
        2. Other related services, especially the creation and use of conversion forms and management of incoming requests (lead management) are not separately charged.
        3. In the case of individual contracts, it is possible to settle the payment of the service as a lump sum.
        4. On the basis of a fully completed registration, the Provider will credit the User with 5 free credits free of charge to his account, which will enable the User to process data from the 5 incoming completed forms.
        5. After using up the free credits, the user has the option to order additional credits according to the specified price list, which will enable him to process other incoming requests according to the purchased quantity.
        6. If he does not do so and at the same time the Service continues to aggregate incoming requests, the Service will be suspended after prior notice and after further notice, his account will be canceled including all his acquired contacts (permanent and deletion).
        7. The user is entitled to use any number of conversion forms within his account to obtain business opportunities.
        8. By completing the registration, the User declares that:
          • is autonomous and fully capable of legal action,
          • all registration information provided is true and accurate,
          • read these Terms of Service and agree with them,
          • will not modify, block or otherwise abuse the operation and stability of the Service,
          • will not use the Service in violation of legal regulations, for any unethical behavior or in violation of good morals, in particular:
            • violating the intellectual property rights of third parties,
            • publication of misleading or otherwise false information and data,
            • dissemination of information that damages the good name or legitimate interests of the Provider,
            • incite or lead to the non-fulfillment of an obligation imposed by law,
            • support, incite or induce the abuse of addictive or life-threatening substances,
            • incite hatred towards a nation, ethnic group, race, religion, class or other group of persons or restrict the rights and freedoms of their members.
        9. In case of violation of these Terms and Conditions, the Provider is entitled to immediately withdraw from the provision of the Service.
        10. If the User has a reasonable suspicion that, despite all the technical efforts of the Provider, irrelevant contacts (so-called spam) are accumulating in his account, he is obliged to immediately report this fact to the Provider, who will check the situation, ensure correction and refund the expenses incurred of the User's funds according to the conditions specified in Article D.
        11. The Provider declares that it will not use the User's personal and other data for purposes other than those necessary for the operation of the Service. In particular, it will not transfer them to third parties without the User's knowledge.
        12. The provider further undertakes that it will not use all the obtained contacts of the User in any way for its own purposes, nor will it transfer them to third parties.
      • Complaints

        1. The user is entitled to complain about the Service if it does not meet the specification for publicly accessible presentation of the Service.
        2. The user acknowledges that the absence of a functional feature of the service, which is not explicitly stated in the Service specification in a publicly accessible presentation, is not considered a defect.
        3. The User is obliged to report a discovered defect immediately after its discovery, but no later than within 6 months of its discovery. The provider will communicate the result of the complaint within 3 working days. If it is justified, it will be processed within 30 calendar days.
        4. Use of the Service is at the User's own risk. The Provider is not responsible for any direct or indirect damage or injury, including the loss of stored data, which is a consequence of the use or inability to use the Service.
        5. In the event that damage occurs on the part of the User in connection with the Provider's responsibility for service defects, the contractual parties have agreed to limit compensation for this potential damage, including lost profit, incurred by the User as follows: the maximum total compensation for damage is limited to the amount of the Provider's remuneration for operation of the Service actually paid by the User for the previous billing month.
      • Processing of personal data

        1. As a Provider, we process personal data obtained by the User thanks to the tools of the Service from the administrator position.
        2. The User authorizes the Provider as the processor of this personal data to carry out defined operations with this personal data within the Service.
        3. The Provider accepts the authorization, is obliged to manage the User's personal data in full compliance with the applicable legal regulations and declares that, as a personal data administrator, it fulfills all legal obligations required by applicable legislation, in particular Act No. 101/2000 Coll. on personal data protection and GDPR, in particular that:
          • point's personal data are only processed on the basis of a valid legal reason, namely legitimate interest, fulfillment of a contract, legal obligation or consent,
          • fulfills the information obligation according to Article 13 of the GDPR even before starting the processing of personal data and for this purpose provides the User with all the necessary tools within the Service
          • data is processed exclusively in the European Union or in countries that ensure an adequate level of protection based on the decision of the European Commission,
          • the service enables the User to fulfill information obligations in relation to personal data and keeps records of processing activities,
          • in the event of termination of use of the Service, all personal data obtained by the User will be permanently and irretrievably deleted immediately, no later than within 30 days of termination.
        4. The user declares that he fulfills all legal obligations arising from legal regulations and GDPR.
        5. The user acknowledges that in the case of export of personal data obtained from the Service to an external file, the provider is no longer in the position of administrator of this personal data.
        6. Personal data are processed electronically within the Service, both manually and automatically.
        7. We protect personal data to the maximum possible extent using technologies that correspond to the level of technical development. We have adopted and maintain all known technical and organizational measures that prevent misuse, damage or destruction of personal data.
      • Final Provisions

        1. The operator may change or modify the wording of the general conditions at any time. This will not affect the rights and obligations that arose during the period of validity of the previous version of the general conditions.
        2. If an international aspect appears in the contract between the parties, the parties agree that their relationship will be governed by Czech law.
        3. If there is a disagreement between the User and the Provider that cannot be resolved amicably, the User may submit a request for out-of-court dispute resolution to the entity for out-of-court dispute resolution, which is the Czech Trade Inspection.
        4. If any part of the general conditions is invalid or ineffective, it will be replaced by a provision that directly relates to the invalid provision. This does not affect the validity of the other provisions. Changes and additions to the valid contract or general conditions must be requested in the form of a written document.
        5. This current version of the terms and conditions is valid and effective from 01/01/2023