Terms and conditions

This English translation is for information only. The legally binding version is the Czech one.

1. Provider and contact

1.1. The ServisBook service is provided by Ing. Pavel Grepl (the “Provider”).

1.2. The contact address is info@servisbook.com. It is also the single point of contact for users of the service and for public authorities under Articles 11 and 12 of Regulation (EU) 2022/2065. Communication takes place in Czech.

2. Definitions

• Service: the ServisBook web application available at app.servisbook.com in the form in which the Provider operates it at the given time.
• Customer: the business that has registered for the Service.
• User: a natural person to whom the Customer has set up access to the Service. Administrator is a User with permission to manage the settings and other Users.
• Active user: a User who could sign in to the Service at any time during the calendar month, even if only for one day.
• Customer Data: content that the Customer or its Users entered into the Service or created in it.
• Client link: a link with a secret token by which the Customer gives its own customer access to data.
• Trial period: free trial of the Service under Article 5.
• Price list: the current price list published on servisbook.com.
• Hourly rate: the price for each started hour of the Provider’s work, which the Provider tells the Customer before starting the work.

3. Who the Service is for

3.1. The Service is intended exclusively for businesses for their business activity. It is not provided to consumers.

3.2. Whoever carries out the registration declares that they are acting within a business and are authorised to conclude the contract on behalf of the Customer. If this declaration is not true, they are liable for the damage incurred by the Provider personally and jointly and severally with the Customer.

3.3. The Provider may refuse or cancel a registration at any time without giving a reason. It does not provide the Service to persons who offer competing software or act on their behalf.

4. Conclusion of the contract and order of documents

4.1. The contract is concluded by completing the registration. The Customer thereby confirms that it has read the terms and separately accepts the provisions listed in Article 22.

4.2. The Customer orders a paid subscription by e-mail or in a way offered by the app, and provides billing details including its company ID. The paid subscription starts on the day the Provider confirms the order.

4.3. The contract is concluded for an indefinite period.

4.4. The content of the contract consists exclusively of a written individual agreement (if the Customer has one), these terms and the Price list, in this order. Descriptions on the website, in the help, in presentations or oral or e-mail statements are not part of the contract and do not establish any claim.

4.5. The parties exclude the application of Sections 1799 and 1800 of the Civil Code. An expression that allows different interpretations is not interpreted to the detriment of the Provider (Section 557 of the Civil Code does not apply).

4.6. The Customer assumes the risk of a change in circumstances (Section 1765(2) of the Civil Code).

5. Trial period

5.1. For the first 30 days after registration the Service is free and requires no payment card. The Provider may shorten, extend, limit the features of or end the Trial period at any time.

5.2. The Trial period serves exclusively for trying out the Service, not for live operation. During it the Service is provided as is, without any warranties and without support. The Provider is liable for it only to the extent that cannot be excluded (Section 2898 of the Civil Code).

5.3. When the Trial period ends without an order of a paid subscription, the account switches to read-only mode.

5.4. If the Customer does not order a paid subscription within 30 days of the end of the Trial period, the contract terminates and the Provider may delete the Customer Data without further notice. No data export is provided during this time.

6. Scope of the Service

6.1. The Customer gains access to the Service in the form in which the Provider currently operates it. The Service is provided as is and as available. The Provider does not guarantee that it will be suitable for the Customer’s specific purpose, error-free or uninterrupted.

6.2. The Provider may change, extend, limit and remove features of the Service at any time and without compensation, and change suppliers and the technical solution. If it removes a feature that the Customer demonstrably uses regularly, it will announce this at least 14 days in advance. The Customer’s only remedy in such a case is to terminate the contract.

6.3. The Provider may set usage limits (e.g. storage volume, number of e-mails sent, number of requests) and charge a price according to the Price list for exceeding them or for new features. Attachments are limited to 5 MB per file.

6.4. The subscription price does not include data migration, setup, training, consultations, custom development, corrections of data caused by the Customer or diagnosis of problems whose cause is not on the side of the Service. The Provider carries out this work as its capacity allows at the Hourly rate.

6.5. Features using third-party services (maps, e-mails, connections with other applications) are provided by the Provider without liability for their availability and correctness. Data passed to a connected application is governed by its terms.

7. Accounts and Users

7.1. The Administrator sets up and removes Users and determines their permissions. The Customer is liable for all conduct from its accounts as for its own, including the conduct of unauthorised persons who used an account.

7.2. Each User has their own access. Sharing sign-in credentials is prohibited.

7.3. The Provider may block an account, a Client link or the Customer’s entire Service at any time, even without prior notice, if it suspects a breach of these terms or a security threat.

7.4. The Provider may monitor and evaluate the use of the Service (sign-ins, devices, number of Users) to verify compliance with the terms and correctness of billing.

8. Price and payment

8.1. The price is CZK 500 for each Active user and calendar month, unless the Price list states otherwise.

8.2. Each Active user is counted for the whole month regardless of how many days they were active. The month in which the paid subscription starts is paid in full.

8.3. The subscription is paid in advance for a calendar month according to the number of Active users at the beginning of the month. Users added during the month are billed by the Provider on the next invoice. Nothing is refunded for removed Users or for unused days.

8.4. Invoices are issued electronically and sent by e-mail. The Customer agrees to this. The due date is 7 days from issue. Payment is made when credited to the Provider’s account.

8.5. The Provider does not refund the price paid, even if the Customer did not use the Service or the contract ends before the end of the paid period.

8.6. In case of late payment the Customer pays statutory default interest, compensation of costs associated with recovering the receivable under Government Regulation No. 351/2013 Coll. and a contractual penalty of 0.05% of the amount owed for each day of delay. The claim for damages is not affected.

8.7. If the Customer is more than 7 days late, the Provider may, without further notice, switch the account to read-only mode or suspend the Service. The price for the period of suspension is payable. Restoring access after payment costs CZK 500.

8.8. The Customer may not unilaterally set off its receivables against receivables of the Provider or withhold payment. Objections to an invoice must be raised in writing within 7 days of its delivery, otherwise it is deemed accepted. An objection does not affect the due date.

8.9. The Provider may increase prices every year as of 1 January by the inflation rate according to the increase in the average annual consumer price index published by the Czech Statistical Office for the previous year. It announces the increase on the invoice or by e-mail and this is not a change of terms under Article 19.

8.10. The Provider announces any other change to the Price list at least 30 days in advance. If the Customer does not agree with it, it may terminate the contract before it takes effect under Article 18.2. Until the end of the notice period the previous price applies.

9. Rules of use and sanctions

9.1. The Customer uses the Service only in accordance with the law, these terms and for its own business activity.

9.2. In particular it is prohibited to:

• enter unlawful content or content to which the Customer has no rights;
• share sign-in credentials or otherwise circumvent billing by the number of Users;
• spread malicious code, attempt unauthorised access, carry out penetration tests or vulnerability scanning;
• access the Service with automated tools or overload it;
• resell, rent, provide the Service to third parties, copy it, imitate it, study how it works in order to create a competing product or reverse engineer it beyond the extent permitted by law;
• enter special categories of personal data (e.g. health data).

9.3. Anyone who finds a security bug reports it without delay to info@servisbook.com and must not exploit or publish it.

9.4. For a breach of the prohibition on sharing sign-in credentials the Customer pays the price for each User who actually used the Service, retroactively for the whole period of use, at least for 12 months.

9.5. Reporting illegal content. Anyone may report content they consider illegal to info@servisbook.com. The report must contain a justification, the exact location of the content, the name and e-mail of the reporter and a statement of good faith. The Provider assesses it and informs the reporter of the outcome.

9.6. If the Provider restricts content or an account because of illegal content or a breach of the terms, it gives the Customer a brief statement of reasons and the option to file an objection to info@servisbook.com.

9.7. In case of a breach of Article 9.2 the Provider may immediately and without compensation restrict or terminate the Service under Article 18.4.

9.8. Contractual penalties. The Customer pays the Provider a contractual penalty of:

• CZK 10,000 for each case of breach of the prohibition on sharing sign-in credentials, in addition to the additional payment under Article 9.4;
• CZK 100,000 for each breach of the prohibitions in Article 9.2 concerning resale, copying, reverse engineering or creating a competing product, for unauthorised access to or an attack on the Service and for a breach of Article 3.3;
• CZK 50,000 for each breach of confidentiality under Article 17.

The penalty is due within 7 days of a demand. The claim for damages in full in addition to the contractual penalty remains unaffected.

10. Customer Data

10.1. Customer Data belongs to the Customer. The Customer grants the Provider a free authorisation to store, copy, modify, transfer and otherwise process Customer Data to the extent necessary for the operation, security, support, maintenance and development of the Service.

10.2. The Provider may use Customer Data in anonymised or aggregated form, from which neither the Customer nor any person can be identified, free of charge, without time limit and even after the end of the contract, for statistics, development and promotion of the Service.

10.3. The Customer is solely responsible for the content, correctness, lawfulness and backup of Customer Data. It is obliged to make its own copies of the data it needs on an ongoing basis.

10.4. The Provider backs up the database according to its technical setup, currently once a day with retention of at most 30 days. Backups serve to restore the Service, not the Customer. The Provider does not guarantee that specific data can be restored from them.

10.5. A Client link gives access to data to anyone who has it. The Customer is responsible for whom it sends it to and for the consequences of it leaking.

10.6. A signature on a report in the Service is a simple electronic signature. The Customer is responsible for whether it is sufficient for the Customer’s purpose.

11. Data export and termination

11.1. While the contract is in force the Customer may use the export features that the app offers at the time. Any other export is prepared by the Provider on order at the Hourly rate, within the time and in the format its capacity allows.

11.2. On leaving. If the Customer, together with the notice of termination or no later than 30 days after the end of the contract, requests an export, the Provider hands over within 30 days all exportable Customer Data in a machine-readable format chosen by the Provider (e.g. CSV or JSON) and attachments in their original format. Exportable data is data entered by the Customer and its Users. It does not include source code, configuration, operational logs or anonymised data under Article 10.2.

11.3. For the export and cooperation under Article 11.2 the Provider charges, until 11 January 2027, the costs directly incurred according to the Hourly rate. From 12 January 2027 the export on leaving is free of charge.

11.4. If for technical reasons the export cannot be prepared within 30 days, the Provider announces this within 14 working days of the request and extends the time limit, to at most 7 months.

11.5. After 30 days from the end of the contract, or from the handover of the export, the Provider deletes the Customer Data. It disappears from backups within their regular rotation. The Provider is not obliged to restore data after deletion or to keep it any longer.

11.6. Articles 11.2 to 11.4 do not apply to the Trial period.

12. Personal data protection and data processing agreement

12.1. The Provider processes data of the Customer, Users and contact persons for its own purposes (contract, invoicing, security, commercial communications) as a controller according to the information on personal data processing.

12.2. The Provider processes personal data contained in Customer Data for the Customer as a processor. This Article is a data processing agreement under Article 28 GDPR. A description of the processing is in Annex 1.

12.3. The Provider processes data on documented instructions of the Customer. These are these terms and the settings and actions in the Service. It carries out other instructions only if they are technically feasible, and at the Hourly rate. If in its opinion an instruction would violate regulations, it notifies the Customer and does not carry out the instruction.

12.4. Persons with access to the data are bound by confidentiality.

12.5. The Provider adopts technical and organisational measures under Article 32 GDPR which it itself considers adequate, and may change them. An overview of them is in Annex 2. The Customer has assessed them and considers them sufficient.

12.6. Sub-processors. The Customer grants a general authorisation to engage sub-processors. Their list is in the information on personal data processing. The Provider announces a change by updating the list and by e-mail at least 14 days in advance. The Customer may raise a reasoned objection before the change takes effect. The only remedy if the objection is not upheld is termination under Article 18.2. The Customer agrees to the transfer of data outside the EEA if the conditions of Chapter V GDPR are met.

12.7. The Provider notifies the Customer of a personal data breach without undue delay.

12.8. When handling requests of data subjects and fulfilling obligations under Articles 32 to 36 GDPR, the Provider gives the Customer reasonable cooperation at the Hourly rate, unless the need arose from a breach of its obligations.

12.9. After processing ends, the data is returned and deleted according to Article 11.

12.10. On request the Provider documents compliance with these obligations in writing. An audit is possible at most once every 12 months, with 60 days’ notice, only during working hours and only if written documentation is not sufficient. It is carried out by the Customer or an auditor bound by confidentiality. All costs including the Provider’s time at the Hourly rate are borne by the Customer.

13. Availability and support

13.1. The Provider does not guarantee any level of availability or response or fix time. Unavailability of the Service gives no right to a discount or compensation.

13.2. The Provider may carry out maintenance at any time. It tries to announce planned maintenance in advance.

13.3. Support is provided by e-mail at info@servisbook.com on working days, to the extent and within the time the Provider’s capacity allows. In scope it covers only reporting bugs of the Service and basic questions about using it. Other requests are governed by Article 6.4.

13.4. Guaranteed availability or support can be agreed individually for a separate price.

14. Defects

14.1. The Customer must report a defect in writing within 7 days of it appearing. The report must contain a description of the defect and the steps to reproduce it. Otherwise the right arising from the defect lapses.

14.2. The Provider chooses the remedy: a fix, a substitute solution or a procedure to work around the defect. If it does not remedy a defect that substantially prevents use of the Service within 60 days, the Customer may terminate the contract with immediate effect. This is the Customer’s only claim arising from defective performance. A claim for a discount is excluded.

14.3. A missing feature, behaviour of the Service described in the help, a problem on the Customer’s side (connection, device, browser, settings) or an outage of a third-party service is not a defect.

15. Liability

15.1. The Provider is not liable for any indirect or consequential harm, in particular for lost profit, loss of orders or customers, business interruption, loss or corruption of data, contractual penalties or sanctions imposed on the Customer by third parties or for reputational harm.

15.2. The Provider is not liable for harm arising in particular from:

• a decision made with the help of the Service, for example scheduling or not scheduling a technician, an appointment or an inspection;
• the content of Customer Data or its processing on the Customer’s instruction;
• the conduct of Users, misuse of an account or a Client link;
• an outage of the internet, power, infrastructure or third-party services, a cyber attack or another circumstance outside its direct control;
• suspension or restriction of the Service under these terms.

15.3. The Provider’s total liability for all damage events under the contract is limited to the amount the Customer actually paid the Provider for the 3 months before the first damage event. During the Trial period liability is excluded.

15.4. The limitations under Articles 15.1 to 15.3 do not apply to the extent that the law does not permit them, in particular for harm caused intentionally or by gross negligence and for harm to the natural rights of a person (Section 2898 of the Civil Code).

15.5. In case of data loss for which the Provider is liable, the Customer’s only claim is an attempt to restore from the last available backup.

15.6. Indemnification. The Customer compensates the Provider without limitation for all harm, costs (including legal representation costs) and sanctions it incurs in connection with Customer Data, a breach of these terms or claims of third parties (customers, employees of the Customer, public authorities) related to how the Customer uses the Service.

15.7. The limitation period for the Customer’s rights under the contract is 1 year (Section 630 of the Civil Code).

16. Intellectual property and licence

16.1. The software, database, design, help and the ServisBook name belong to the Provider. The Customer obtains a non-exclusive, non-transferable licence without the right to grant a sub-licence, for the duration of the contract, for its own business activity and to the extent of paid Active users. The licence fee is included in the price.

16.2. The Provider may use comments, suggestions and ideas of the Customer about the Service free of charge, without time limit and without any obligation to pay, and incorporate them into the Service. All rights to the result belong to the Provider.

16.3. The Provider may state the Customer’s business name and logo in the list of customers and references on its website and in sales materials. The Customer grants a free licence for this. If it does not agree, it writes to the Provider and the Provider stops the use within 30 days.

16.4. The Provider may send Users information about the Service and new features. Each message contains an option to unsubscribe (Section 7(3) of Act No. 480/2004 Coll.). Operational and contractual messages cannot be unsubscribed from.

17. Confidentiality

17.1. The Customer keeps confidential non-public information about the Service and about the Provider, in particular about how it works, its security, individually agreed prices and the content of communication with the Provider. The obligation continues after the end of the contract, without time limit.

17.2. The Provider keeps Customer Data confidential. This does not apply to disclosure to sub-processors, advisers, an acquirer under Article 21.3 or to cases where disclosure is required by law or a public authority.

18. Duration and termination of the contract

18.1. The contract is for an indefinite period.

18.2. The Customer may terminate the contract in writing (by e-mail from the Administrator’s address) with a notice period of 1 month. The notice period starts on the first day of the month following delivery of the notice. The price is payable throughout the notice period.

18.3. The Provider may terminate the contract without giving a reason with a notice period of 1 month. In this single case the price paid for the period after the end of the contract is refunded.

18.4. The Provider may withdraw from the contract with immediate effect if the Customer:

• is more than 14 days late with any payment;
• has breached Article 9.2, Article 3 or Article 17;
• has breached the contract in another way and has not remedied it within 7 days of a demand;
• is insolvent, in liquidation or subject to enforcement proceedings.

18.5. If the Provider withdraws under Article 18.4, the Customer pays the price for the period that would have elapsed until the contract ended by notice under Article 18.2, according to the number of Active users in the last month.

18.6. The licence terminates with the end of the contract. All receivables of the Provider become due immediately. The provisions on data, liability, indemnification, contractual penalties, confidentiality, the licence under Articles 10.2 and 16.2 and dispute resolution survive the end of the contract.

19. Changes to the terms

19.1. The Provider may change these terms at any time.

19.2. It announces a change by e-mail to the Administrator or by a notice in the app at least 30 days before it takes effect and publishes the new version on servisbook.com.

19.3. If the Customer does not agree with the change, it may reject it in writing before it takes effect and terminate the contract under Article 18.2. During the notice period the previous version applies to it. If it does not reject the change by the effective date, it is deemed to have accepted it (Section 1752 of the Civil Code).

19.4. Changes in favour of the Customer, formal changes and changes required by law apply from the day of publication.

20. Communication and delivery

20.1. The parties communicate electronically. E-mail satisfies the written form (Section 562 of the Civil Code).

20.2. A message from the Provider is delivered on the day it is sent to the e-mail of the Administrator or to the billing e-mail, or by displaying a notice in the app. The Customer is responsible for its addresses working and being up to date.

20.3. A message from the Customer is delivered on the day the Provider actually received it at info@servisbook.com.

21. Final provisions

21.1. The contract is governed by the law of the Czech Republic.

21.2. Disputes are decided by the court competent according to the Provider’s place of business (Section 89a of the Code of Civil Procedure).

21.3. The Customer may not assign or pledge the contract or receivables arising from it without the Provider’s written consent. The Provider may assign or transfer the contract and receivables to a third party. The Customer gives its consent to this in advance and will be informed of the transfer.

21.4. If any provision is invalid or ineffective, the others continue to apply. An invalid provision is replaced by a valid one that comes closest to its purpose.

21.5. The contract constitutes the entire agreement of the parties. The Customer declares that it did not conclude the contract on the basis of assurances other than those stated in it.

22. Expressly accepted provisions

At registration the Customer expressly accepts these provisions, whose content it could not reasonably expect (Section 1753 of the Civil Code):

1. The Service is provided as is, without a guarantee of availability and without a right to a discount for outages (Articles 6.1, 13.1).
2. Features may be changed, restricted and newly charged for (Articles 6.2, 6.3).
3. Payment in advance, no refunds, annual price increase by inflation (Articles 8.3, 8.5, 8.9).
4. Contractual penalty for late payment, suspension of the Service and a fee for restoring access (Articles 8.6, 8.7).
5. Prohibition of set-off and a seven-day period for objections to an invoice (Article 8.8).
6. Contractual penalties and retroactive additional payment for sharing accounts (Articles 9.4, 9.8).
7. Use of anonymised data and references (Articles 10.2, 16.3).
8. The Customer is responsible for backups (Articles 10.3, 10.4).
9. Paid export during the contract and deletion of data 30 days after its end (Article 11).
10. Paid cooperation and audit under GDPR (Articles 12.3, 12.8, 12.10).
11. Seven-day period for reporting defects and termination as the only claim arising from defects (Article 14).
12. Exclusion and limitation of liability to 3 months of payments, indemnification of the Provider, limitation period of 1 year (Article 15).
13. Withdrawal by the Provider and additional payment for the notice period (Articles 18.4, 18.5).
14. Exclusion of Sections 557, 1799 and 1800 of the Civil Code and assumption of the risk of a change in circumstances (Articles 4.5, 4.6).
15. Delivery of the Provider’s message on the day it is sent (Article 20.2).

Annex 1: Description of personal data processing

Data subjects: the Customer’s Users; its technicians, employees and contractors; the Customer’s customers and their contact persons; other persons whom the Customer enters into the Service.

Categories of data: names, e-mails, phone numbers, roles and sign-in credentials; addresses, company IDs and VAT numbers; orders, appointments, schedules, absences, time sheets and change history; notes, checklists, photos, attachments, reports and signatures; technical records (IP address, error diagnostics); data from an optional connection, if the Customer switches it on.

Nature and purpose: storage, organisation, display, modification, transfer, backup and erasure for the purpose of providing, securing, supporting and developing the Service. Processing takes place continuously for the duration of the contract.

Annex 2: Technical and organisational measures

• separation of customer data at database level;
• sign-in with roles and restricted permissions;
• encrypted transfer (TLS);
• Client links with a random token and the option to invalidate them;
• change history of operational records;
• protection of public actions against misuse;
• daily encrypted backups with retention of at most 30 days;
• automated tests and security checks on changes.