("the Agreement")
is entered into as of the 31 of January, 2018, between:
Owlcure s.r.o., IČ: 05333687,
registered office at Argentinská 286/38, Holešovice, 170 00 Prague 7, Czech Republic
The company is registered in the Commercial Register administered by the Municipal Court in Prague, Section C, File no. 262073
as Contractor
("the Contractor")
and
Registrated client
("the Client")
(individually "the Party" collectivelly "the Parties" to this Agreement)
1.1.
The subject of the Agreement is Owlcure service, the platform for marketing automation, which is operated by the Contractor.
1.2.
The Client is accepting the Agreement by registering to the platform on website www.owlcure.com ("the Website").
2.1.
The Client hereby agrees to engage the Contractor to provide the Client with the following services:
a) Owlcure platform for marketing automation and customer analyze. ("the Platform")
b) Sending marketing messages by e-mail, messenger bot or other channels.
c) Dashboard views the campaign's results.
The exact features of the Platform are defined by choosing from packages on the owlcure website
("the Services")
2.2.
After the registration to the Platform, the testing period is starting which is free of charge. Included features and period of the testing can be agreed with the Contractor. After the testing period, the Parties must agree to change to the paid version.
3.1.
These terms of use define the terms and conditions under which the Client is allowed to use the Service in accordance with The Agreement.
3.2.
The Contractor will provide the Service to the Client.
3.3.
The Client will be able to use the Platform. On the paid version, the Client will pay fees according to pricing.
4.1.
The Client can use the Platform with their company owners, employees, and contractors.
4.2.
The Platform can't be shared with several companies on one account.
5.1.
The Client has to pay fees according to the current pricing on the Websites.
5.2.
The invoices will be sent to the Client e-mail address given on registration to the Platform according to agreed payment periods. The standard repayment is 14 days.
5.3.
In the case the Client will be late with payments more than 10 days and received notification about it, the Contractor can interrupt providing of the Service.
6.1.
The contractor has to provide the Service in the best interest of the Client.
6.2.
The Contractor agrees not to disclose any confidential information given by the Client.
6.3.
The contractor has to follow all the laws with the focus on customers data protection.
7.1.
The Client has to cooperate with providing all the information necessary to the Platform using.
7.2.
The Client agrees not to disclose any confidential information given by the Contractor.
7.3.
The Client declares, that all the data given to the Platform was collected according to European Union laws.
7.4.
The Client declares not using the Platform for Spam messages.
8.1.
The Agreement is permanent.
8.2.
The Agreement can be canceled by the Parties by e-mail or written letter.
8.3.
The Agreement will be canceled with the 1st day of following month after receiving of cancellation.
9.1.
The Parties can immediately suspend agreement when there is the substantial violation of the Terms.
10.1.
No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
10.2.
This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
10.3.
The agreement is based on the Czech Republic law.
10.4.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
10.5.
The Agreement is valid from registering to the platform.