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General Terms and Conditions

General Terms and Conditions of GRASPEA s.r.o., Company ID (IČO): 09283234, with its registered office at Bohuslava Martinů 640/1, Stránice, 602 00 Brno (hereinafter the “provider”)

  1. BASIC PROVISIONS

    1. These general terms and conditions (the “T&C”) govern the relations between the provider and the client, as specified further in these T&C, as the parties to a contract concluded through the provider’s website located at www.intutto.app or intutto.app (the “web portal”), the subject of which is the provision of the product specified further in these T&C.
    2. For the purposes of these T&C, a client means either a natural person carrying on business or a legal entity. The product within the meaning of these T&C is not intended for use by a consumer.
    3. By completing the client’s registration on the web portal, the client confirms that they are familiar with these T&C and accept them in their entirety. These T&C form an integral part of the contract concluded through the web portal between the provider and the client.
  2. PRODUCT

    1. For the purposes of these T&C, the product means software created by the provider which the client uses through the web interface on the provider’s web portal, specifically the software application “INTUTTO” intended for the comprehensive management of a reservation and reception system in the provision of accommodation and rental services (the “product”).
    2. By the contract concluded through the web portal (the “contract”), the provider grants the client a licence to use the product, under the conditions specified in the concluded contract and in these T&C. The provisions of the concluded contract take precedence over the terms of these T&C to the extent that they conflict.
  3. CLIENT REGISTRATION

    1. The client creates a user account on the web portal by registering. Registration takes place by completing the registration form located on the web portal.
    2. When registering, the client is obliged to provide at least their first name and surname or, if a legal entity, their name, the address of their registered office, the identification number (IČO) and contact details (e-mail and telephone number), and also the first name, surname and position of the representative, if the client is a legal entity. When registering, the client is further obliged to enter a unique user name and an access password, under which they will log in to their user account.
    3. If the client does not enter any of the mandatory data during registration, they will not be allowed to complete registration on the web portal.
    4. When registering, the client is obliged to provide true, accurate, current and complete information. If any of the data entered ceases to be accurate after registration, the client is obliged to update such data without undue delay through their user account on the web portal. This does not apply if the contractual relationship between the client and the provider has already ended. The client expressly acknowledges that they are liable to the provider for any damage caused by a breach of this obligation.
    5. If the registration form determines in an automated manner that the data entered by the client when completing it are not true, accurate, current or complete, it will notify the client accordingly. Until it is corrected, the incorrectly entered data is deemed not to have been entered and the client will not be allowed to complete registration on the web portal.
    6. If the provider finds that the data entered by the client are not true, it is entitled to deactivate the client’s user account outright. In the case of inaccurate, outdated or incomplete information, the provider shall, before deactivating the client’s user account, call on the client to correct it without undue delay, and if the client fails to do so, the provider is entitled to deactivate the client’s user account; the provider may proceed in this way also in the case of untrue information, if it does not deactivate the user account outright. If the contractual relationship between the client and the provider is still in force when the client’s user account is deactivated, the provider may, on the basis of the reason for the deactivation of the account, at the same time withdraw from the contract under Article 11.2.4; in such case Article 11.6 applies to the client’s data.
  4. USER ACCOUNT

    1. Through their user account, the client uses the product, provided that they hold an active licence, and also places orders for a licence to use the product and orders for add-on products and individual services, and also manages their user account.
    2. The client’s user account is considered an administrator account.
    3. Through their user account, the client may set up at most 1000 user sub-accounts, which may use the product, including any add-on products and individual services, to the extent determined by the client through their user account, but at most to the extent corresponding to the licence granted to the client. The client may grant each user sub-account rights to use the product to a different extent.
    4. The client may also, through their account, remove individual user sub-accounts at any time, as well as modify the extent to which they may use the product.
    5. The client may designate any of the established user sub-accounts as an administrator. Such a user sub-account is placed on an equal footing with the client’s user account and may use the web portal and the product to the same extent and with all the functions as the client itself. An administrator sub-account may not, however, remove the administrator status from the client’s user account.
    6. Each sub-account has a separate unique user name and access password, which are chosen by the client. When setting up a user sub-account, the client may make a change of the access password to the user sub-account subject to their approval. Article 3.5 of these T&C applies mutatis mutandis.
    7. The client is obliged to protect their password and their account from misuse by a third party. The provider is not liable for damage caused by misuse, accidental or unauthorised disclosure of access data or access to the account by a third party, unless it occurred for reasons directly attributable to the provider.
    8. The client is responsible for the use of the web interface and the product by the user sub-accounts it has set up as if the client itself used the web interface and the product through those user sub-accounts. This also applies to an administrator sub-account.
  5. CONCLUSION OF THE CONTRACT

    1. After registration on the web portal is completed, a section with licence offers for the product is made available to the client within their user account, in the form of both trial versions of the licence within the meaning of Article 6 and paid versions of the licence within the meaning of Article 7. The individual offers may differ in the length of the licence, the product functions made available and/or any add-on products within the meaning of Article 9 that are assigned to the given licence package. The provider reserves the right to make individual offers to individual clients beyond the said section of the web portal, at the provider’s discretion.
    2. The contract is concluded at the moment of:
      1. placing a licence order through the web portal, if the client orders the licence through the web portal, regardless of whether it is an order for a trial version or a paid version of the licence for the product; or
      2. the moment when the provider sends the client an e-mail confirmation of the order, where it is an order that the client made on the basis of the provider’s individual offer.
  6. TRIAL VERSION OF THE PRODUCT LICENCE

    1. On the basis of a trial version of the product licence, the client is entitled, within the extent of the licence granted, to use the product free of charge for the specified trial period, which runs from the day the contract is concluded.
    2. The client is entitled to be granted a trial version of the product licence only once, immediately after their initial registration on the web portal under Article 3. This right lapses if the client does not use it after registration and instead orders a paid licence under Article 7 in accordance with Article 5.
    3. After the trial period expires, further use of the product is conditional on the transition to a paid licence for the product under Article 7.
    4. If there is no transition to a paid licence after the trial period expires, the contract terminates upon the expiry of the trial period and the client loses the ability to use the product to any extent. Article 11.6 of these T&C applies to the client’s data. Despite the termination of the contract, the client’s user account on the web portal remains active and the client is still entitled, through their user account, to place an order for a paid licence for the product on the web portal.
    5. 15 days before the end of the trial period, the client will be informed by e-mail, sent to the address entered during registration, of the approaching end of the trial period and of the possibility of transitioning to a paid version of the product licence, as well as of the consequences of the client not transitioning to a paid version of the product licence.
  7. PAID PRODUCT LICENCE

    1. The provider grants the client a paid licence for the product, always for a period corresponding to the length of the subscription chosen and paid for by the client. The provider offers a monthly or annual subscription. The periods of paid subscription are added together, and the client may thereby prepay the licence for the product in advance for several months or years.

    2. The price of the subscription is set in the provider’s price list. The current price list is always published on the provider’s web portal. The price is governed by the country or region stated in the price list in which the premises (accommodation facility) for which the licence is ordered are located; if the client does not state the address of the premises in the user account, their registered office is deemed to be such address. This rule applies equally to all clients; if the client has several premises, they pay for each according to the price for its country or region. The provider is entitled to change the price list at any time; such changes, however, do not apply to the period that the client has already prepaid. The provider shall notify the client of a change to the price list always no later than 7 days after the updated price list is published on the web portal.

    3. The price for the product for the selected period is final, unless the client orders add-on product(s) under Article 9 of these T&C in their user account on the provider’s web interface during the period.

    4. The client pays the subscription by non-cash payment, either by payment card or by transfer to the provider’s account. If the client chooses payment by payment card, the web portal will at the same time prompt them to enter the number of a valid payment card linked to the account from which the provider is to debit the subscription price, as well as the name of the payment card holder, the expiry date of the payment card and its three-digit security code (CVV2). If the client does not enter this data or enters it incorrectly, the web portal will not allow them to submit the order.

    5. In the case of payment by card, the amount corresponding to the subscription price is debited from the client’s account automatically after the order is placed. The licence to use the product is granted to the client automatically once the amount corresponding to the subscription price has been successfully debited from the client’s account.

    6. In the case of payment by transfer, the provider shall send the client an advance invoice for payment of the chosen subscription, with a due date of 14 days. The licence to use the product is granted to the client no later than on the business day following the day on which the payment was credited to the provider’s account. The client will also be informed of this by e-mail.

    7. The contract for the provision of a paid licence to use the product is always agreed with automatic renewal. This contract is therefore always automatically extended by the length of the last chosen and paid subscription, whereby:

      1. in the case of payment by card, the payment for the extended period is debited from the client’s account on the last day of the current product licence granted to the client; and
      2. in the case of payment by non-cash transfer, the provider shall send the client an advance invoice no later than 15 days before the end of the current product licence, with a due date of 14 days. The client may cancel the automatic renewal or change the payment method in their user account, always no later than by the end of the penultimate day of the duration of the current licence. In such case, the client is not obliged to pay the advance invoice under Article 7.7.2 of these T&C, if it has already been delivered to them. Furthermore, automatic renewal will not take place if the client does not pay the delivered advance invoice by the end of its due date, or if, in the case of payment by card, the funds corresponding to the subscription price are not successfully debited from the relevant client account.
    8. If the duration of the licence is not extended, the contract terminates upon the expiry of the duration of the last product licence granted to the client. Article 11.6 of these T&C applies to the client’s data. Despite the termination of the contract, the client’s user account on the web portal remains active and the client is still entitled, through their user account, to place an order for a paid licence for the product on the web portal.

    9. The provider may offer the subscription and add-on products also through a third party that sells them to the client in its own name and that is stated in the order process, before the order is submitted, as the seller (Merchant of Record) (the “seller”). In such case:

      1. an order placed with the seller is a licence order under Article 5.2.1 of these T&C; in this case too, the licence to use the product is granted to the client exclusively by the provider under the terms of these T&C, automatically once the seller confirms payment of the price to the provider;
      2. the price is based on the provider’s price list, including the rule under Article 7.2 of these T&C; the seller may charge it to the client in another currency according to its own conversion and increased by the taxes and fees stated in the order process; by payment to the seller, the price according to the provider’s price list is deemed paid to the provider;
      3. the purchase from the seller, in particular payment of the price, the carrying out of automatic renewal under Article 7.7 of these T&C and the manner of its cancellation, tax documents and refunds of payments, is governed by the seller’s terms, which the client accepts when placing the order; Articles 7.4 to 7.7 and Article 10 of these T&C apply only to the extent that the given matter is not handled by the seller; the refund of the price under Article 11.5 of these T&C shall be made by the provider through the seller; if the price is refunded to the client in whole or in part for a reason other than under Article 11.5 of these T&C, the licence terminates to the extent corresponding to the amount refunded.
  8. LICENCE TERMS, USE OF THE PRODUCT

    1. The product licence is granted to the client on the basis of the concluded contract as non-exclusive and limited in time, namely for the trial period in the case of a trial version and for the period of the paid subscription or the sum of the paid subscriptions in the case of a paid version.
    2. On the basis of the licence granted, the client is entitled to use all user functions of the product whose licence the client has prepaid or for which the client has an active trial version of the licence. This also applies to user functions with which the provider, at its discretion, extends the product for which the client has an active licence during the term of the contract.
    3. The client uses the product from their own device via the web interface using their login details, which they entered when registering on the web portal under Article 3 of these T&C. The product licence is realised exclusively in the form of hosting on the provider’s servers or servers rented by the provider.
    4. The provider shall make reasonable efforts to achieve maximum availability of the product; the guaranteed availability of the product is 96% per month, including downtime for hardware maintenance and product updates. The provider is not, however, liable for outages beyond its control that may affect the functionality or availability of the product for the client (e.g. failure of the internet connection on the client’s side, natural disaster, DoS or DNS attacks on the provider’s technical equipment, outage at the provider’s suppliers and others). These are not counted towards the guaranteed availability and the provider is not liable for damage incurred by the client in connection with such outages.
    5. The provider provides the client with service and user support in using the product, always to the extent according to the licence granted to the client. The client may therefore, within the extent of the licence granted, contact the provider in the event of a problem, comments or questions when using the product, to which the provider is obliged to respond within a period corresponding to the terms of the licence granted; unless otherwise agreed within the licence granted, the provider is obliged to respond within a reasonable period and during normal working hours.
    6. The provider will carry out free updates of the product, the purpose of which is primarily to ensure the security of the product and secondarily to improve the product. The provider has the right to unilaterally change the functions of the product without prior notice. The provider shall reasonably inform the client of a change to the settings or functionality of the product, if it affects them.
    7. The client must not use, copy, emulate, clone, lend, rent, sublicense or in any other way make available for use to any third party, sell, modify, decompile, disassemble or otherwise reverse engineer or convert the product or any part thereof, except in the ways agreed in the contract and stated in these T&C. This also applies to all texts, graphics, logos, icons, images, and further to all software used on the provider’s web interface.
    8. The client must further not interfere in any way with the source code of the product, nor use or reverse engineer it in any way with the aim of reconstructing the source code of the product or any part thereof.
    9. The client must not upload to the product or enter in any other way, or disseminate in any way, directly or indirectly, through the product, inappropriate content, in particular vulgar, threatening, racist, rude, offensive, unethical, sexist, pornographic or otherwise inappropriate or unlawful information, materials and opinions, and further any viruses, ransomware, rootkits, trojan horses or other malware or similar software, or any information, materials and opinions that interfere with or infringe any rights of third parties or whose creation, storage and/or dissemination would constitute unlawful conduct. The provider is entitled to check the data entered by the client into the product and, without prior notice, to remove content entered into the product that is in conflict with these terms.
    10. If the client provides the provider with a report of defects and/or proposes modifications (the “report”), the provider has the right to use such report, including incorporating such report into the provider’s services or other software products, without thereby having any obligation towards the client; for the avoidance of doubt as to any hypothetical claims against the provider that might arise for the client from this fact, the client expressly waives them. Unless expressly agreed otherwise in writing, the provider reserves all rights and grants the client no licences of any kind.
    11. The client acknowledges that the provider gives the client’s customers (the “guest”) the possibility of managing, through the web portal, their own reservations that are recorded in the product. This reservation management system is accessible to guests:
      1. either through a guest’s user account, which every guest with a reservation recorded in the product may, if interested, set up on the web portal by entering their personal data (first name and surname, residence, e-mail address and telephone number, date of birth) and through which they can then manage all reservations relating to them. The product automatically pairs the entered reservations with any established guest user accounts on the basis of a matching combination of the guest’s identification data recorded within the guest’s user account and recorded within each particular reservation entered into the product by the provider’s clients; or
      2. on the basis of an individual link, through which the guest can manage exclusively the reservation to which the link relates, in which case management of the reservation is conditional on the guest’s authentication via the relevant authenticators (e.g. Google, Seznam.cz). The product sends this link to the client automatically after the client enters the reservation into the product, if the guest’s e-mail address is also entered into the product in connection with the reservation. In the reservation management system, the guest may cancel a reservation or change its parameters, all under the conditions allowed by the client. The provider is not liable for any acts that the guest, the client or any third party carries out within the reservation management system.
  9. ADD-ON PRODUCTS

    1. During the term of the contract, the client may, through their user account, order add-on products and individual services according to the provider’s current offer published on the web portal. The order is placed through the web portal and on its basis a separate contract for the provision of the ordered add-on product and/or individual service is concluded between the provider and the client.
    2. The price of add-on products and individual services is set in the provider’s price list. The current price list is always published on the provider’s web portal. The provider is entitled to change the price list at any time; such changes, however, do not apply to the period that the client has already paid for. The provider shall notify the client of a change to the price list always no later than 7 days after the updated price list is published on the web portal.
    3. Add-on products and individual services can generally not be used if the client does not hold a licence for the product, even if the client has paid for the add-on product or individual service for a period exceeding the duration of the product licence. The contract for the provision of an add-on product and/or individual service therefore always ends no later than together with the termination of the contract for the provision of the product licence. If such a situation arises, it is at the client’s expense and Article 11.4 of these T&C applies.
    4. Article 7 of these T&C applies to payment for add-on products and individual services and Article 8 of these T&C applies to the licence terms, to the extent that this corresponds to the nature of the add-on product and/or individual service.
  10. TAX DOCUMENTS

    1. The provider issues all tax documents exclusively in electronic form and sends them to the client’s e-mail address.
    2. If an advance invoice was issued to the client, the provider shall issue the client a final invoice within 7 days of the day on which the client paid the advance invoice.
  11. DURATION AND TERMINATION OF THE CONTRACT

    1. The contract is concluded for a fixed term, from the moment the client’s registration is completed for the period chosen at registration. On the basis of this registration, the client acquires the entitlement to use the product, provided that the price for the product is duly paid, except for the trial version.
    2. The contract is terminated before the expiry of the chosen period:
      1. on the basis of a written agreement between the provider and the client on termination of the contract,
      2. without giving a reason, by written notice of termination by the client delivered to the provider by e-mail, without a notice period, whereupon the provider shall suspend the client’s access to the product no later than 3 days after delivery of the notice of termination;
      3. on the basis of a reasoned notice of termination by the client where the provider breaches the guaranteed availability of the product in 2 consecutive periods or breaches the guaranteed availability of the product in one period by more than 15%;
      4. by withdrawal from the contract with immediate effect by the provider, in the event of a material breach of the contract by the client, i.e. if the client uses the service in contravention of legal regulations or Article 8 of these T&C, for the reasons under Article 3.6 of these T&C or if the client otherwise materially breaches the terms of the concluded contract and these T&C.
    3. Notice of termination of the contract must be given in electronic form, either by e-mail, through a data box or through the user account.
    4. In the event of termination of the contract under Articles 11.2.2 and 11.2.4, the client has no right to a refund of any part of the paid subscription price for the product, even for the period that the client has not used.
    5. In the event of termination of the contract under paragraph 11.2.3, the client has the right to a refund of the proportionate part of the subscription price for the product, corresponding to the period of the paid subscription that was not used by the client as a result of the withdrawal. The provider undertakes to refund this amount to the client in the manner in which the price for the product was paid, no later than 14 days after termination of the contract, unless the provider and the client agree otherwise.
    6. The provider reserves the right to delete the data entered into the product by the client after 6 months have elapsed following termination of the contract. At the client’s request made by e-mail before the expiry of this period, the provider shall provide the client with the data entered into the product during the term of the contract in JSON format, but only if all payments for the product by the client to the provider have been duly paid. In the case of an export of data from the product in a format other than the one stated, the provider shall, at the client’s request, provide the data in this other format for a fee in the amount according to the current price list (individual services). In such case, the provider shall issue the client an invoice for these individual services with a due date of 7 days and, after the client has paid the invoice, shall provide the client with the data in this other requested format within 10 days of payment.
  12. LIMITATION OF RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND OF THE PROVIDER'S LIABILITY FOR DAMAGE

    1. The provider is not liable for defects or for damage caused by defects in the delivery or its erroneous outputs, if they were caused by the client, by third parties or by circumstances excluding liability, including force majeure.
    2. The client expressly acknowledges that the product, including add-on products, is software in which defects, shortcomings or problems with functionality (the “error”) that are unknown at the time the contract is concluded may appear or occur in the future. If the client discovers an error when using the product, they shall notify the provider; in the notification they shall describe the error and state in what circumstances it appeared and what consequences it has for the functionality of the product. If the error is of such a critical nature that it substantially impedes or entirely excludes the possibility of using the product as a whole or its essential functions, the client is entitled to compensation for damage incurred in connection with such an error, where the provider does not remedy it within the guaranteed availability under Article 8.4. For the avoidance of doubt, the client expressly waives any other claims that would or could arise from an error of the product than those to which an entitlement arises under the terms of the preceding sentence.
    3. A claim for compensation for damage that may arise for the client on the basis of a breach of any obligation by the provider may amount to a maximum of 20 percent of the paid subscription price of the product, namely the price in respect of which the damaging event occurred, in total for the entire prepaid period.
    4. The provider is not liable for loss of or damage to the client’s data. Any restoration of lost or corrupted data is at the client’s expense.
    5. The provider is not liable for errors and financial losses caused by the transfer of incorrect data to third-party applications and systems, or by the use of third-party APIs or services.
  13. FINAL PROVISIONS

    1. These T&C and the price list under paragraph 7.2 of the T&C constitute the entire agreement between the provider and the client with regard to the client’s use of the provider’s product.
    2. The provider reserves the right to change these T&C or any part thereof at any time. The provider shall always announce a change to the T&C by publishing the new version of the T&C on the web portal. The current version of the T&C is always available on the provider’s web portal.
    3. The client may reject any change to the T&C within 15 days of publication of the new version of the T&C; the notice period is in such case 30 days and begins to run on the day following delivery of the notice of termination to the provider; Article 11.3 of these T&C applies mutatis mutandis. Where the client rejects a change to the T&C, the procedure is as if the contract had been terminated by notice of termination by the client under Article 11.2.2 of these T&C and Article 11.4 of these T&C applies, unless the change to the T&C has brought about such a fundamental change in the client’s position that it would not be possible to fairly require the client to remain in the contractual relationship; in such case Article 11.5 of these T&C applies.
    4. All changes and amendments to the contract must be made in writing and signed by the statutory representatives of the provider and the client.
    5. The client is not entitled to transfer its rights and obligations under the contract, whether in part or as a whole, without the prior written consent of the provider.
    6. These T&C, including other legal relationships not regulated herein, are governed exclusively by Czech law, in relation to all clients, including foreign ones, and the exclusive jurisdiction of the Czech courts is established, with all disputes between the provider and the client to be resolved by the court having subject-matter jurisdiction in whose district the city of Brno lies.
    7. These T&C are valid and effective from the day of their publication on the web portal for contracts concluded from that day; for contracts concluded earlier, the change applies by the procedure under Articles 13.2 and 13.3.
    8. These T&C are drawn up in Czech. Any translation into another language is for information only; in the event of any discrepancy, the Czech version prevails.