Terms of Service

1.1 These Terms of Service ("ToS") govern the use and provision of the Asset Manager - LarvaSystems service ("Service") by LarvaSystems s.r.o., ID No. 17706921, VAT ID CZ17706921, with registered office at Habrová 137, 250 66 Zdiby Prague-East ("Provider") to customers ("Customer").

1.2 The Service means the web application operated primarily at https://assetmanagement.larvasystems.cz/ (or at other addresses/domains designated by the Provider), including related interfaces, functions, updates, and user documentation.

1.3 By using the Service, creating an account, ordering a plan, or otherwise demonstrably agreeing, the Customer confirms that they have read and agree to these ToS.

1.4 If the Provider and Customer exceptionally agree on individual arrangements (e.g., by email), these individual arrangements take precedence over the ToS to the extent that they conflict.

2.1 Access to the Service is created by Customer registration or account creation by the Provider according to the available process. The scope of the plan (e.g., number of user accounts/roles, features and modules), price and billing are based on the selected plan and Provider confirmation.

2.2 The Provider is entitled to verify the identity of the Customer or the authorization of the person acting on behalf of the Customer for security reasons.

3.1 The Provider grants the Customer a non-exclusive and non-transferable license to use the Service within the scope of the selected plan for the duration of active access.

3.2 The Customer is not authorized to:

• a) make the Service available to third parties outside their organization,
• b) share one user account among multiple people (unless the plan explicitly allows it),
• c) circumvent plan limitations, interfere with the Service, perform reverse engineering or attempts to breach security,
• d) use the Service in a manner that threatens the security, availability, or integrity of the Service or data (e.g., overloading, attacks, automated abuse).

3.3 The Customer is responsible for ensuring that the content and data they upload to the Service comply with legal regulations and that they are authorized to process them.

4.1 The Customer is responsible for access management, role assignment, and protection of login credentials. The Customer must ensure that access credentials are not shared with unauthorized persons.

4.2 If account misuse is suspected, the Customer shall inform the Provider without undue delay.

5.1 The price of the Service, billing method, and prepaid period length are based on the selected plan and Provider confirmation. Unless otherwise stated, prices are excluding VAT and VAT will be added at the statutory rate.

5.2 In case of Customer's payment default, the Provider is entitled to charge a contractual penalty of 0.05% of the amount due for each day of delay.

5.3 In case of default longer than 30 days after due date, the Provider is entitled to suspend access to the Service after prior notice until the amount due is paid.

6.1 Basic support is provided within the scope of the plan.

6.2 Extra consultations, training, or individual modifications may be charged by agreement, at an hourly rate of 600 CZK per hour excluding VAT (unless otherwise agreed).

7.1 The Provider strives for 99.5% Service availability per calendar month. The availability calculation excludes: a) planned maintenance announced in advance (by email or in the Service), b) outages caused by circumstances beyond the Provider's reasonable control (e.g., Customer connectivity, force majeure, major third-party outage), c) interventions or settings on the Customer's side.

7.2 If Service availability in a given month falls below 99.5%, the Customer is entitled to a service credit (discount) for that month:

• a) 99.5% to 99.0% → 5% of the monthly equivalent of the plan price,
• b) 99.0% to 98.0% → 10% of the monthly equivalent of the plan price,
• c) below 98.0% → 20% of the monthly equivalent of the plan price.

7.3 The credit is applied by deduction on the next invoice or by credit note. The maximum credit for one month is 20% of the monthly equivalent of the plan price.

7.4 Credit claims must be made in writing within 30 days of the end of the month in which the availability limitation occurred.

8.1 Data that the Customer uploads to or creates in the Service is "Customer Data". The Customer remains the owner of Customer Data.

8.2 During active access, the Customer has access to Customer Data through the Service and can export it at any time in machine-readable format using Service functions.

8.3 After termination of Service use (e.g., plan cancellation or account deactivation), the Provider will allow the Customer a one-time export of Customer Data upon request; it is advisable to make the request within 30 days of termination.

8.4 After this period expires, the Provider is entitled to delete or anonymize Customer Data unless their longer retention is required by legal regulations.

9.1 If personal data is processed in connection with the use of the Service, the Customer typically acts as the controller and the Provider as the processor within the meaning of GDPR.

9.2 The Provider processes personal data exclusively for the purpose of providing, operating, securing, and supporting the Service, to the extent necessary for these purposes.

9.3 Customer Data (including personal data) is primarily accessed by the Customer through user accounts. The Provider does not access it unless necessary: a) to resolve a technical problem or support request, typically based on the Customer's request, or b) to ensure the security and integrity of the Service (e.g., incident resolution), or c) if required by legal regulations. In these cases, the Provider limits access to the necessary scope and duration.

9.4 Data is stored in cloud service providers' infrastructure and is regularly backed up. The Provider uses appropriate technical and organizational measures to protect data, particularly access control and secure data transmission (TLS).

9.5 The Data Processing Agreement (DPA) is available on the Provider's website together with these ToS ("DPA"). The Customer agrees to the DPA in the same way as the ToS (e.g., by checking a box during registration/plan ordering). By agreeing to the DPA, the Customer confirms that they have read its content and agree with it.

9.6 The Provider is entitled to keep records of ToS and DPA agreement (date/time, account identification, ToS/DPA version) for purposes of demonstrability and fulfillment of legal obligations.

10.1 The Provider is entitled to continuously change and update the Service, provided that this does not substantially reduce its functionality.

10.2 The Provider is entitled to change the ToS. The Customer will be informed of changes by email or within the Service. If the Customer disagrees with the change, they may terminate the use of the Service.

11.1 The Customer may terminate the use of the Service at any time. If they have a prepaid period, access remains active until the end of the paid period, unless otherwise agreed.

11.2 The Provider may terminate or restrict the Customer's access to the Service especially if: a) the Customer violates the usage rules (Article 3) and fails to remedy within 14 days of notice, or b) the Customer is in payment default for more than 60 days.

11.3 Upon termination of Service use, there is no entitlement to refund of the proportional part of the price for the already paid period, unless the Provider acknowledges service credits or termination occurred for reasons exclusively on the Provider's side and the Customer objectively could not use the service.

12.1 The Provider is liable for damage caused by breach of obligations in providing the Service to the extent provided by legal regulations, with the limitations below.

12.2 The Provider's total liability for all property damage incurred by the Customer in connection with the Service is limited to an amount equal to the sum of payments made by the Customer in the last 12 months before the damage occurred.

12.3 The Provider is not liable for lost profits or other indirect or consequential damages, nor for damages caused by improper use of the Service or circumstances beyond the Provider's reasonable control.

12.4 Liability limitations do not apply in cases of intent or gross negligence, nor where they would conflict with mandatory provisions of law.

13.1 Both the Provider and the Customer shall maintain confidentiality regarding confidential information obtained in connection with the Service and use it only for the purposes of operating and using the Service.

14.1 These ToS are governed by the law of the Czech Republic.

14.2 Any disputes arising in connection with the Service shall be decided by the courts of the Czech Republic. If there is no exclusive jurisdiction, the court according to the Provider's registered office has local jurisdiction.

14.3 These ToS are effective from the date stated in the header and are available on the Provider's website.