Terms of Service

1. Who these terms are between

These Terms of Service (the "Terms") are an agreement between Launchzy s. r. o., IČO 57605513, registered at Jazernica 129, 038 44 Jazernica, Slovakia ("Launchzy", "we", "us"), and the organisation that subscribes to the Openbiznis platform ("Customer", "you").

By creating an account, accepting an order form, or using Openbiznis, you agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind it.

2. The service

Openbiznis is a hosted, multi-tenant business platform providing sales, marketing, finance, and executive workspaces under a role-based permission model, together with the integrations described in your order form. We provide it on a subscription basis for the term agreed.

We develop Openbiznis continuously. We may add, change, or remove features. Where we remove or materially degrade a feature you rely on, we will give you at least 30 days' notice.

3. Accounts and users

• Each named user must have their own account. Credentials must not be shared.
• You are responsible for your users' activity, and for keeping credentials confidential.
• You must assign roles appropriately and remove access promptly when someone leaves.
• Tell us without undue delay at ceo@launchzy.eu if you suspect unauthorised access.

4. Acceptable use

Your use of Openbiznis is subject to our Acceptable Use Policy, which forms part of these Terms. It matters particularly for the dialer and messaging features, where telecoms and marketing law imposes obligations on you as the caller or sender.

5. Your data

You own the data you put into Openbiznis. We claim no ownership of it. You grant us a limited licence to host, process, transmit, and display it strictly as needed to provide and support the platform.

Where that data includes personal data, we act as processor and you as controller. Our Data Processing Agreement governs that relationship and forms part of these Terms.

You are responsible for having a lawful basis for the data you upload, and for the accuracy and legality of that data.

6. Fees and payment

• Fees, currency, and billing frequency are set out in your order form.
• Invoices are payable within 14 days of the invoice date unless agreed otherwise.
• Fees exclude VAT and other applicable taxes, which are added where required.
• Usage-based charges — including telephony minutes and numbers — are billed in arrears against actual usage.
• Late payment may accrue statutory interest, and we may suspend access after written notice and a reasonable cure period.

7. Term, renewal, and termination

The subscription runs for the term in your order form and renews for successive equal terms unless either party gives written notice at least 30 days before the end of the current term.

Either party may terminate immediately if the other:

• commits a material breach and fails to cure it within 30 days of written notice; or
• becomes insolvent, enters liquidation, or has an administrator appointed.

We may suspend an account immediately where continued use presents a security risk, breaches the Acceptable Use Policy in a way that risks harm to third parties, or is required by law. We will restore access as soon as the cause is resolved.

8. What happens to your data on exit

For 30 days after termination you may export your data through the platform or request an export from us. After that period we delete it from live systems, and from backups in line with our backup rotation, unless law requires retention.

9. Availability and support

We aim for high availability but do not guarantee uninterrupted service under these Terms. Planned maintenance is announced in advance where practical. Any binding uptime commitment or support response times apply only if stated in a service level agreement in your order form.

10. Intellectual property

Openbiznis, including its software, design, and documentation, remains the property of Launchzy s. r. o. and its licensors. These Terms grant you a non-exclusive, non-transferable right to use the platform during the term — nothing more.

You may not copy, reverse-engineer, decompile, resell, or create derivative works from the platform, except where such restriction is prohibited by mandatory law.

If you send us feedback or suggestions, we may use them without obligation or compensation.

11. Confidentiality

Each party will protect the other's confidential information with at least reasonable care, use it only for the purposes of this agreement, and not disclose it except to personnel and advisers bound by equivalent obligations. This does not apply to information that is public through no breach, independently developed, or required to be disclosed by law.

12. Warranties and disclaimers

We warrant that we will provide Openbiznis with reasonable skill and care, and in accordance with these Terms. To the fullest extent permitted by law, and except as expressly stated, the platform is provided "as is" without further warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose.

Openbiznis supports your operations; it does not replace your own legal, tax, or financial judgement. Commission figures, forecasts, and reports are tools, not professional advice.

13. Liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited under applicable law.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill, or anticipated savings; and each party's total aggregate liability arising out of or in connection with this agreement is limited to the fees paid or payable by you in the 12 months preceding the event giving rise to the claim.

14. Indemnity

You will indemnify us against third-party claims arising from your data, your use of the platform in breach of these Terms or the Acceptable Use Policy, or your breach of applicable telecoms, marketing, or data protection law.

15. Changes to these Terms

We may update these Terms. For material changes we will give account holders at least 30 days' notice by email or in-product. If you object to a material change, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees for the unused period.

16. Governing law and jurisdiction

These Terms are governed by the laws of the Slovak Republic, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts of the Slovak Republic have exclusive jurisdiction, without prejudice to any mandatory consumer protections that may apply.

17. General

• If a provision is held invalid, the rest remains in force.
• Failure to enforce a right is not a waiver of it.
• You may not assign this agreement without our written consent; we may assign it in connection with a merger or sale of the business.
• These Terms, your order form, the DPA, and the Acceptable Use Policy form the entire agreement between us on this subject.

18. Contact

Launchzy s. r. o., Jazernica 129, 038 44 Jazernica, Slovakia
ceo@launchzy.eu · +421 905 706 135

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