TERMS OF SERVICE

1. INTRODUCTORY PROVISIONS
   1. These Terms of Service (‘Terms’) of the company alfamarka s.r.o., with registered office at Sídliště BSS 1504, Brandýs nad Labem, 250 01 Brandýs nad Labem-Stará Boleslav, company identification number 038 15 901, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, entry no. 238125 (‘Provider’) regulate, the mutual rights and obligations of the contractual parties arising on the basis of and in connection with the Licence Contract regarding the computer program “Profitblue” (‘Contract’ and ‘Software’) concluded between the Provider and another person who is not a consumer (‘Client’) via the web interface located at the internet address Profitblue.com (‘Web Interface’).
   1. The Software is designed as a plugin for the WooCommerce add-on and is mainly used for controlling and analysing business, financial and logistics processes within the Client’s eCommerce; more detailed specification of the Software’s functionality and technical specification of the Software are contained at the internet address Profitblue.com. The operation of the Client’s on-line store, shall be the Client’s responsibility, including obtaining any potential public law permits or licences.
   1. The Terms regulate, in particular, the mutual rights and obligations of the Provider and the Client relating to the grant of the Software licence, the provision of maintenance services relating to the Software to the Client, and the Provider’s and the Client’s other mutual rights and obligations. The Terms do not regulate the provision of other services which the Provider may provide in connection with the Software (consultancy services, securing the implementation or integration of the Software, development of custom-built computer programs).
   1. Individual variants of the provision of the Software and related services, including the amount of the Provider’s remuneration for the provision of the individual variants of the Software and related services specified in the Provider’s price list, are specified in more detail at the internet address _________ (‘Service Tariffs’). The Client may use the basic version of the Software and related services free of charge (‘Basic Operation of the Software’).
2. CONCLUSION OF CONTRACT
   1. In order to send an offer to conclude a Contract, the Client shall complete information necessary in order to register in the Web Interface; the Client shall send an offer to conclude a Contract to the Provider by checking a check-boxesbox and clicking a button _________. The Provider shall deem the details specified in the offer to conclude a Contract to be correct; the Provider shall always be entitled to verify the Client’s identity as well as the details provided by the Client (by telephone, by email etc.).

• The contractual relationship between the Provider and the Client arises when the Provider’s acceptance of the offer to conclude a Contract has been received by the Client.
  • The Client acknowledges that the Provider is not obliged to conclude a Contract, in particular with persons who have previously substantially breached a Contract (including Terms).
• MASTER ACCOUNT
  • On the basis of the Client’s registration carried out in the Web Interface and the conclusion of a Contract, a master user account shall be created for the Client. From their master account, the Client may manage their details and adjust the Software’s settings.
  • When registering in the Web Interface, the Client shall provide only correct and true details. The Client shall update the details provided in the master account every time they change in any way. The Provider shall deem the details provided by the Client in the master account to be correct.
  • Access to a master account is secured with a username and a password. The Client shall treat as confidential information required in order to access their master account; the Client acknowledges that the Provider shall bear no responsibility for a breach of this obligation by the Client. In the event that information necessary in order to access the Client’s master account is disclosed, the Client undertakes to inform the Provider of this without undue delay.
  • The Client is not entitled to permit the use of the master account by third parties.
  • The Provider may cancel a master account, particularly if the Contract is discharged. The Client acknowledges that if the master account is cancelled, all information inserted by the Client into the Software may be removed.
  • The Client acknowledges that the master account need not be accessible continuously, in particular with regard to essential maintenance of the Provider’s or third parties’ hardware and software equipment.
• OBJECT OF CONTRACT
  • In the Contract, the Provider undertakes to make a copy of the Software available to the Client.

• In the Contract, the Provider further undertakes to provide to the Client maintenance services relating to the Software in the extent specified in the Service Tariff, all in accordance with clause 9 et seq. of the Terms.

• In return for making a copy of the Software available according to clause 4.1 of the Terms, the provision of basic maintenance services, the Client shall undertake in the Contract to pay a monthly or annual remuneration to the Provider in an amount specified by the Service Tariff. This shall not apply to Basic Operation of the Software. Prices (the Provider’s remuneration) of individual Service Tariffs are specified in the Provider’s price list in the web interface; these prices are quoted exclusive of Value Added Tax and other taxes.
  • If the Client wishes to change a Service Tariff whilst a Contract is effective, the Client may make such a change within their master account. A change of the Service Tariff shall be reflected appropriately in the amount of the Provider’s remuneration.
• SOFTWARE LICENCE
  • The Software is provided to the Client under the terms of the GNU General Public License, version 2. The text of these license terms can be found at https://www.gnu.org/licenses/old-licenses/gpl-2.0.html.
• USE OF THE SOFTWARE BY THE CLIENT
  • The Client acknowledges that the Software is protected by copyright. The Client undertakes not to carry out any activities which could allow third parties to use the Software in an authorised manner.
  • The Client acknowledges that proper use of the Software may require cooperation with other computer programs (such as with the WooCommerce add-on). The Client acknowledges that the use of these other computer programs is governed by separate contractual agreements with the bearers of rights to these computer programs.
  • The Client acknowledges that the bearer of rights relating to WooCommerce add-on and WooThemes has enacted a special set of rules for the use of its trademarks and other copyrighted materials (hereinafter as the ‘Copyrighted Materials’), the purpose of which is to avoid confusion of anyone looking for official WooCommerce or WooThemes resources (hereinafter as the ‘Rules‘). The Rules are located at https://woocommerce.com/trademark-guidelines.
  • The Client undertakes to familiarize itself with the Rules and abide them. The Client further acknowledges that the provided Internet link and Rules itself are subject to change, which may happen without the Provider’s knowledge and the Client is therefore solely responsible for familiarizing itself with the current version of the Rules.
  • The Client explicitly undertakes not to use the Copyrighted Materials in advertising.
  • The Client acknowledges and undertakes to consult use of Copyrighted Materials, other than to truthfully describe WooCommerce or WooThemes products, report news or information about WooCommerce, WooThemes, or the bearer of the rights to Copyrighted Materials, or link to the internet websites of the bearer of the rights to Copyrighted Materials, with the bearer of the rights to Copyrighted Materials using the point of contact provided in the current version of the Rules.
• CHANGE OF a SERVICE TARIFF
  • In the event that, whilst the Contract is effective, the Client wants to change the Service Tariff, the Client may implement this change within their master account.

• In the event that, according to clause 7.1 of the Terms, the Service Tariff is changed from a higher tariff to a lower tariff (downgrade), the functionality of the Software shall be changed according to the new Service Tariff while the overpayment of Provider’s remuneration shall be credited to the Client and set off against next payment of the Provider’s remuneration.
  • In the event that, according to clause 7.1 of the Terms, the Service Tariff is to be changed from a lower tariff to a higher tariff (upgrade), the Provider shall be entitled to remuneration equal to the positive balance between the remuneration payable to the Provider for the higher and the lower Service Tariff apportioned to individual days of the use of the Software by the Client (for the purposes of the calculation of this balance, a year of 365 days shall always be used); the beginning of the Client’s payment period shall also be changed.
• THE PROVIDER’S REMUNERATION AND PAYMENT TERMS
  • The amount of the Provider’s monthly or annual remuneration shall be specified in the Contract in accordance with the agreed Service Tariff. The Provider’s right to make available a copy of the Software or provide related services under different conditions shall not be hereby affected.
  • The Provider’s remuneration shall always be payable in advance.
  • The Provider’s remuneration is payable via the usually used internet payment systemsPayPal payment system operated by a third party – the company PayPal (Europe) S.à r.l., with registered office at Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg; the Provider’s remuneration may also be paid by a payment card.
  • If generally binding regulation provides so, value added tax or a similar tax shall be added to the Provider’s remuneration.
  • The Provider shall issue to the Client a receipt of tax-deductible expenditure – an invoice in respect of payments made on the basis of the Contract once the Provider’s remuneration has been paid. The Provider shall issue and send a receipt of tax-deductible expenditure – an invoice in electronic form to the Client’s address or upload it in the Client’s master account.
  • In the event that the Client is in default with the payment of the Provider’s remuneration or a part thereof, the Provider may suspend the performance of any of their obligations towards the Client (including the ability to use the functionality of the Service) until the Client has complied with all of their obligations.
  • The Provider may postpone the ability to use the Software until the amount of the Provider’s remuneration is, in reality, credited to the Provider’s account.
• SUPPORT AND HOSTING SERVICES
  • For as long as the Contract is effective, the Provider shall provide the following maintenance services to the Client:

• Patches, updates or upgrades of the Software, in an extent and timeframe specified at the Provider’s discretion; the Provider is not obliged to implement such changes to the Software;
  • Basic technical support by email or by communication within the Client’s master account, in an extent specified at the Provider’s discretion.
  • The Client undertakes to provide necessary cooperation in a timely manner for the purpose of provision of technical support. No Client’s data is stored by the Provider. The Provider does not access any Client’s data, including Client’s customer Information.

• Upon the Client’s written request, the Provider may access the Client’s web and rectify any errors or other mistakes in connection with the Software. In that case the Client undertakes to provide necessary cooperation and to provide the Provider with necessary credentials such as the log-in and password to allow access to the Client’s web to the Provider. Further, the Client undertakes to validate its consent to Provider’s access to Client’s website in written consent form, which is annexed to the Terms.
  • Maintenance services according to clause 9.1 of the Terms shall be collectively referred to as “Operation Services”.
• PROVISION OF OPERATION SERVICES

1. The Provider is not obliged to provide the Operation Services in the event that their provision is prevented by difficulties on the part of the Client or on the part of other persons. The Provider is thus not obliged to provide Operation Service, in particular, in the event of electricity supply outages, data network outages, other faults caused by third parties or vis major.
   1. The Provider may implement measures aimed at the prevention of outages, limitations, interruptions or decreases in the quality of Operation Services. In connection with this entitlement, the Provider may carry out planned and unplanned shutdowns of provision of Operation Services for the purpose of checking, maintenance or change of hardware, or setting or modification of the Software or other computer programs. The Provider shall notify the Client of a planned service shutdown in advance via an email message or via a message displayed in the Client’s master account.
   1. In most cases, planned service shutdowns will be carried out on average in the extent of eight (8) hours per month; in the event that the Provider does not make use of their right to a service shutdown to this extent in a specific month (specific months), the Provider may increase the duration of a service shutdown in the following months by this unused period (for the purpose of time demanding measures).
   1. If the nature of the service shutdown so allows, the Provider shall, if they are able, carry out the service Shutdown during a period of low usage of the Software.
   1. The provision of Operation Services may be subject to outages, temporary limitations, interruptions or decreases in the quality of these services. In the event of a fault in the provision of the Operation Services, the Provider undertakes to make the necessary effort to rectify the fault of the Operation Services. A fault of the Operation Services is a fault which causes an interruption in the accessibility of the Operation Services or such change of the parameters of the Operation Services which results in a verifiable deterioration of the Operation Services. Limitation or interruption of the Operation Services caused by actions of the Client or another person who the Client allowed to access the Software, or resulting from unauthorised actions of another person is not a fault of the Operation Services. Temporary interruptions or limitations of the Operation Services resulting from defects of equipment used by suppliers of telecommunication connections, defects of equipment used by suppliers of electricity or interruptions or limitations of the Operation Services caused by a DNS (denial of service) attack or another attack of a third party on the server are not a fault of the Operation Services. A planned Service Shutdown is not a fault of the Operation Services.
   1. In the event that a defect in the provision of Operation Services has been caused by reasons on the part of the Client, the Client undertakes to reimburse the Provider for the costs of rectifying such a defect. Otherwise, the costs of rectifying such a defect shall be borne by the Provider.
   1. The Provider secures Operation Services also via third parties; the Client consents to this.
2. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

1. The Provider is entitled to use the company, trading or another name of the Client for marketing purposes in the form of references in all types of promotional materials (irrespective of the form of these promotional materials or the form in which they are communicated).
   1. The Client may be served at the Client’s email address specified in the master account.
2. LIABILITY FOR DEFECTS, LIABILITY FOR LOSS
   1. The Client acknowledges that the Software and Operation Services are not suitable for use in operations where significant or serious damage may occur, and that the Provider shall not be responsible for the results of activities for which the Software and Operation Services are used. The Client acknowledges that the use of the Software and Operation Services may be subject to errors. The Client acknowledges that the results displayed by the Software differ from the Client’s accounting records and reports, and the Software is not a substitute for computerized accounting or financial reporting services and does not replace such computer programs. The Client acknowledges that the results displayed by the Software may not comply with requirements of applicable legislation.
   1. The Client acknowledges that the Software and Operation Services and their use do not relieve the Client from related duties as imposed by applicable legislation.
   1. The Client further acknowledges that the non-existence of a functional feature of the Software which is not expressly listed in the specification of the Software shall not be considered to be a defect.
   1. The Client shall check the functionality of the Software without undue delay after the Software has been made accessible.
   1. The Client acknowledges that the Provider shall not be responsible for defects of the Software arising from unauthorised interference with the Software or use of the Software contrary to the specification of the Software by the Client or third parties. The Client acknowledges that the Provider shall not be responsible for defects of the Service arising as a result of interference by third parties in the Web Interface or in the master account or as a result of use of the Web Interface or the master account contrary to their purpose.
   1. The Client further acknowledges that unless agreed otherwise, the Provider shall not be responsible for the functionality of the Client’s data network, functionality of a public data network, functionality of the Client’s hardware equipment, backing-up of data by the Client, the state of the Client’s other software or for any potential interference by third parties with the Client’s other software.
   1. Rights and obligations of the contractual parties relating to the Provider’s liability for defects of the Software and Operation Services are governed by the respective generally binding legislation. The contractual parties have agreed that the Provider shall be liable solely for a breach of their legal obligations based on fault. The Client may exercise their rights arising from the Provider’s liability for defects of the Service by contacting the Provider, preferably by email.
   1. In the event that the Client suffers loss in connection with the Provider’s liability for defects of the Software or Operation Services, unless the Provider has caused the loss intentionally or by gross negligence, the contractual parties have agreed, taking account of the terms of the grant of the Software licence, to limit compensation for this potential loss incurred by the Client so that the total compensation for loss including loss of profit shall be limited to maximum amount of one half of the aggregate remuneration paid by the Client to the Provider under this Contract in the last twelve months before incurrence of such loss. The contractual parties state, taking account of all circumstances of the conclusion of the Contract, that the total foreseeable loss including loss of profit which may be incurred by the Client due to defects of the Software or Operation Services shall not exceed the amount of one half of the aggregate remuneration paid by the Client to the Provider under this Contract in the last twelve months before incurrence of such loss.
3. PROCESSING OF PERSONAL DATA
   1.  The Provider complies with their information duty within the meaning of Article 13 of the Regulation 2016/679 of the European Parliament and of the Council on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation) (‘GDPR Regulation’) towards the Client who is a natural person or other natural persons on the Client’s side relating to the processing of the Client’s personal data for the purposes of performance of the Contract and for the purposes of negotiation with regard to this Contract through a separate document.
   1. In connection with the operation of the Software, the Provider shall not process personal data of third parties (at the Client’s instigation). If the Provider is to process personal data of third parties, the Client shall inform the Provider of this fact without undue delay; the contractual parties shall conclude a Contract for the Processing of Personal Data in accordance with generally binding legislation without undue delay.
4. SENDING OF COMMERCIAL COMMUNICATIONS
   1. The Client agrees with the sending of commercial communications of third parties to the Client’s address. The Provider complies with their information duty towards the Client within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Client’s personal data for the purposes of sending of commercial communications through a separate document.
5. DURATION OF CONTRACT
   1.  The Contract enters into effect as soon as it has been concluded.
   1. The Contract shall be concluded for an indefinite period of time.
   1. Either contractual party may terminate the Contract in text format for any reason or without providing a reason. Termination of the Contract according to be previous sentence shall be effective as soon as it has been served on the other contractual party; the Contract shall be discharged once the period for which the Client has pre-paid the Provider’s remuneration (month, year) has expired. The period between the termination taking effect and the end of the period for which the Provider’s remuneration has been pre-paid forms the notice period.

1. The Provider may withdraw from the Contract in the event that the Client breaches their obligation arising from the Contract (including the Terms).
2. FINAL PROVISIONS
   1. If a legal relationship arising from the Contract contains an international (foreign) element, the parties agree that such a relationship shall be governed by Czech law, in particular by the Civil Code (Act no. 89/2012, as amended). For the purposes of relationships between the Provider and the Client:
      1. The use of respected trade customs within the meaning of section 558(2) of the Civil Code shall be excluded in circumstances where the Client runs a business;
      1. The application of section 557 and 1763 of the Civil Code shall be excluded;
      1. The application of section 1799 and section 1800 of the Civil Code shall be excluded in cases where the Client runs a business.
   1. The contractual parties have agreed that courts of the Czech Republic shall have jurisdiction and competence to decide disputes arising from a Contract.
   1. It is possible to agree provisions divergent from the Terms by way of a separate Contract concluded in writing. Divergent provisions in a separate Contract shall override provisions of the Terms.
   1. The provisions of the Terms form an inseparable part of the Contract.
   1. Once the Client has agreed with a new version of the Terms, the previous Terms cease to be effective and the new version of the Terms becomes an inseparable part of the Contract.
   1. The contractual parties agree that the Provider may unilaterally amend the Terms in a reasonable extent. The Client shall be notified of the amendment to the Terms by an email sent to their address specified in the master account. The Client may reject the amendment of the Terms of Business and thus terminate the Contract within the notice period, which is one (1) month.
   1. If a provision of the Terms is invalid, ineffective or no regard is to be had to it or it becomes such a provision, it shall be replaced by a different provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity the effect of the remaining provisions.

In Prague on 1.6.2025

alfamarka s.r.o.