Terms and Conditions
Terms of Service
Introductory Provisions
1.1. These Terms of Service (hereinafter referred to as the “Terms of Service“) of initMAX s.r.o., with its registered office at Plynární 1617/10, Holešovice, 170 00 Prague 7, Company ID No.: 11923652, Tax ID No.: CZ11923652, registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 356164 (hereinafter referred to as the “Provider“) is used in the context of the purchase of software products and the provision of services defined below, which are accessible at the Internet address https://www.initmax.com/eshop/ (hereinafter referred to as the “Online store“).
1.2. These Terms of Service (hereinafter also referred to as the “Terms“) govern the rights and obligations of persons who have subscribed to individual products or services from the Provider (hereinafter referred to as the “User“), as well as the rights and obligations of the Provider arising in connection with the provision of these products or services.
2. Products and Product User Interface
2.1. The Provider offers users in the Online store the right to temporarily use the offered widgets and modules (hereinafter referred to as the “Products“).
2.2. The Online Store contains information about the Products, where the current prices are always stated for each Product, while the prices are, unless otherwise stated, set on the basis of a subscription for an annual period (see Art. 3 of these Terms).
2.3. Software and hardware are typically required for the proper functioning of the Products according to the information provided for the individual Products.
2.4. After purchase, the paid Products are accessible in the user interface at the following internet address: https://git.initmax.com/users/sign_in (hereinafter referred to as the “Product User Interface“). The User may download purchased Products from the Product User Interface and use them according to their nature.
3. Contract and subscription
3.1. The Provider provides Users with Products on the basis of a contract concluded between the Provider and the User (hereinafter referred to as the “Contract“). The Provider offers Products to Users for a subscription fee (hereinafter referred to as the “Subscription“).
3.2. The order of Products is available from the Online Store. The contractual relationship between the Provider and the User is established on the basis of the User’s order in the Online store. The order is placed since the moment when the User confirms it by clicking on the button “Order binding to payment”.
3.3. Products are purchased and paid for through the interface of the Broker, which is Bright Market, LLC d/b/a FastSpring, with its registered office at 801 Garden St. #201, Santa Barbara, CA 93101, United States of America (the “Intermediary“). The Intermediary then maintains a list of ordered Products for the User in its user interface at the https://fastspring.com website and also enables their management (including, for example, not renewing the Subscription).
3.4. During the order of the Products, the User agrees to these Terms and the terms and conditions of the Intermediary available at: https://fastspring.com/terms-use/seller-terms-service/.
3.5. The Subscription is paid in advance for a period defined by the Provider (hereinafter referred to as the “Subscription Period“). Your subscription will be charged when the Subscription Period begins.
3.6. The subscription is paid in the form of an annual fee for the specified Product.
3.7. If the User does not notify the Provider or the Intermediary within the Subscription Period, that the User is not interested in further extension of the Contract (or extension of the Prepaid Period), the Contract is automatically renewed for another annual period. The notice must be made by the User no later than on the last day of the relevant Subscription Period.
3.8. Within the Subscription, the Provider is obliged to ensure updates of the Products purchased by the Customer and to ensure their proper functioning.
4. Withdrawal from the Contract
4.1. The provisions of this article do not apply to a User who is an entrepreneur within the meaning of Section 420 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code“), but only to a User who is a consumer within the meaning of Section 419 of the Civil Code, i.e. a person who, outside the scope of his business activities or outside the framework of the independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him (hereinafter referred to as the “Consumer”).
4.2. A consumer who has entered into a Contract with the Provider through the Online store has, in accordance with the provisions of Section 1829 par. 1 of the Civil Code, the right to withdraw from the Contract within 14 days from the date of conclusion of the Contract. The withdrawal from the Contract must be sent to the Provider within the period specified in the previous sentence.
4.3. The consumer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from contracts for the provision of services if they have been provided in full; in the case of performance for consideration, only if it commenced with the prior explicit consent of the Consumer before the expiration of the period for withdrawal from the contract and the entrepreneur instructed the Consumer before entering the Contract that the right to withdraw from the Contract expires upon the provision of the performance. With regard to the fact that the performance by the Provider commences since the moment when the User logs in to the Product User Interface and the purchased products are fully accessible to the User at such moment, the Consumer is not entitled to withdraw from the relevant Contract after such login to the Product User Interface.
5. Rights arising from defective performance
5.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117,
Sections 2161 to 2174 of the Civil Code and, in the case of consumers, also Act No. 634/1992 Coll., on Consumer Protection, as amended).
5.2. The Provider is liable to the User that the Products are free of defects when provided. In particular, the Provider is liable to the User that at the time of performance:
a) the Product has the properties agreed upon by the parties, and in the absence of an agreement, it has such properties as the Provider has described or that the User expected with regard to the nature of the Product and based on the Provider’s advertisement,
b) the Product is suitable for the purpose specified by the Provider for its use or for which Products of this kind are usually used,
c) the Product is supplied with agreed accessories and instructions for use,
d) The product complies with legal requirements.
5.3. The Provider is liable to the User to provide the User with agreed updates of individual Products during the Subscription Period.
5.4. The Provider is liable to the User that, in addition to the agreed updates, the Provider will ensure that the User will be provided with the updates that are necessary for the provided Product to maintain the properties specified in par. 6. 2.
5.5. The Provider does not provide the User with updates to the Products after the end of the Subscription Period.
5.6. The method of filing a complaint is as follows:
a) The User may file a complaint about defects in the Products through the complaint form available in English (Issues) within the Product User Interface.
b) The User shall file a complaint by filling in a complaint form in English or Czech, in which he/she shall state in particular:
(1) the name of the claimed Product and the information on the complaint (title),
(2) detailed description of the Product defect (Description),
c) The User shall be informed without undue delay of the commencement of the complaint procedure, the method of resolving the complaint, or the duration of the repair;
d) As soon as the User exercises any right arising from liability for defects of the Product, such as the right to have the defect removed or right to a discount, the User is bound by this choice and cannot change the choice of the exercised right, unless otherwise agreed with the Provider;
e) The right arising from liability for defects must be exercised within 24 months since the provision of the Product. It is necessary to file a complaint without undue delay, as soon as the defect appears.
5.7. In the case of complaints other than complaints under the previous paragraph, the procedure is similar to that specified in the previous paragraph.
6. Dispute resolution
6.1. All disputes will be settled amicably between the parties and the parties will make every effort to reach an amicable settlement of the dispute. In the event that the parties fail to resolve them amicably by the court, such a dispute will be resolved by the competent court of the Czech Republic.
6.2. Pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, the consumer has the right to an out-of-court settlement of a consumer dispute arising from the Contract. The entity that is authorized to carry out out-of-court settlement of the dispute is the Czech Trade Inspection Authority. More information is available on the www.coi.cz website. An out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute could not be resolved directly with the Provider. The petition may be filed no later than 1 year from the date on which the consumer exercised his/her right that is the subject of the dispute with the Provider for the first time.
6.3. Supervision of compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).
7. Personal data protection
In order to use some of the Products offered by the Provider, it may be necessary to provide some of the User’s personal data. The Provider undertakes to handle the provided personal data in accordance with and under the conditions set out in the Privacy Policy at the Internet address: https://www.initmax.com/consent-to-the-processing-of-personal-data.
8. Final provisions
8.1. The Provider reserves the right that the Products may not always be continuously available, in particular due to regular maintenance of hardware or software equipment or technical defects beyond the Provider’s control.
8.2. The User is not entitled to assign or transfer his/her rights and obligations arising from the Contract with the Provider in connection with the use of the Products to a third party, even free of charge. The User agrees that all rights and obligations of the Provider under these Terms and Conditions, any rights and obligations of the Provider arising from the provision of Products to the User may be assigned to third parties without the need for any further consent of the User.
8.3. These Terms and Conditions are effective as of 2. 10. 2024.