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General Terms & Conditions

I. Introductory provisions

  1. These General Terms and Conditions (hereinafter referred to as the “GTC”) define the basic business terms, rights, obligations and relations between the company Foaf s.r.o., registered at Pribinova 30, 821 09 Bratislava – mestská časť Ružinov, Slovak Republic, Registration ID: 36774421, (hereinafter referred to as the “Provider”) and its customers in the field of provision, mediation and ordering of services. not mentioned in these GTC is governed by the legal order of the Slovak Republic.
  2. The subject of the Provider’s legal relationship related to the provision of services defined in more detail within these GTC.
  3. Relations not regulated by the General Terms and Conditions are governed by Act No. 513/1991 Coll., Commercial Code as amended.
  4. By registering or assigning a direct account, a Contractual relationship between relationships and between providers will be concluded on the basis of the contract, the provisions of which are governed by these General Terms and Conditions and to which the registration form is sent.
  5. By registering, he simultaneously declares that he is not a consumer, but a legal entity or a natural person who operates within the scope of business activity, employment or profession, or a person authorized to act on behalf of a legal entity.

II. Definitions

  1. For the purposes of these GTC, the website means the website through which the Provider enables Users to access the User Account for the purpose of providing Services.
  2. The User is a legal entity or an individual authorized to do business under a special regulation, who has registered to use the Service provided by the company using the Website.
  3. The Platform is the User’s working environment, to which the User gains an access through the establishment of the access to the User account and which is used for the use of the Services by the User.
  4. The User account is an account established by the Provider for the User, which enables the User to access the Platform and will be defined by a unique combination of the login name and password associated with this User account.
  5. For the purpose of these GTC, services are information society services provided to the User through the Platform. The subject of the Services is providing a universal platform for linking and synchronizing data as well as the administration of the User’s business agenda. The services may also include processing, mediation, brokerage and/or ordering of other services such as e.g. accounting and legal advice, or mediation of financial services and/or financial brokerage.
  6. A contract is understood to be a contract concluded from expressing a positive agreement with these General Terms and Conditions and in case of paid servcies, the payment of the relevant Price.

III. Establishment (setting-up) of the User Account and period of provision of the Services

  1. A User Account will be created for the User through registration within the Website.
  2. The Provider will set up a User Account for the User after the User has sent all the mandatory data filled in by the User as part of the registration on the Website.
  3. The condition for the establishment of a User Account is the explicit expression of the consent to these General Terms and Conditions.
  4. Access to the paid part of the Platform is conditional upon ordering a paid Service by the User and paying the Price for using the Service. In this case, the Service will begin to be provided on the day of payment of the Price of the selected Service by the User. By paying the Price of the selected Service, the User expresses his consent to the commencement of the provision of the Service.
  5. The user account is authorized to be used only by the User for whom the User Account was established by the Provider, and with the consent of the Provider, it is possible to create multiple separate accesses to this User account.
  6. In the event that an already registered User registers again, in addition to the existence of his valid User Account, the Provider reserves the right to unilaterally delete duplicate User Accounts created in this way.
  7. The period for which the Agreement was concluded is automatically renewed for another period of the same duration, unless the User notifies the Provider of his intention not to renew the Agreement and the provision of Services. Such a notification must be delivered to the Provider before the expiry of the duration of the Agreement.

IV. Price for the provision of Services

  1. The Provider provides the Service to the User through the Platform, for a fee or free of charge.
  2. The User is obliged to pay a fee (hereinafter referred to as the “Price”) for the provision of paid Services. The price and payment terms of the charged Services are governed by the valid price list published on the Provider’s website at the time of the conclusion of the Agreement. In case of automatic renewal of the validity of the Agreement, the price list valid at the time of this renewal shall be applied to the thus renewed legal relationship.
  3. The Provider unilaterally decides on the free provision of the Service and the length of its provision. The Provider reserves the right to adjust the Prices for individual Services offered to the Users. At the same time The Provider reserves the right unilaterally change the Prices for the Service. When the Price is changed, the Price valid for the User at the time of the establishment of the legal relationship between the Provider and the User, will be applied.
  4. The conditions and method of payment of the Price as well as the period for which the Price is paid are listed on the Provider’s website.
  5. Access to the paid part of the Platform and the use of paid Services is conditional upon ordering the service by the User and paying the fee for using the Service.

V. Rights and obligations of the User

  1. The user is obliged to truthfully and completely state all mandatory data in the registration form to the extent determined by the Provider. In the event, that the User provides incorrect and/or inaccurate and/or untrue data in the registration form, he is liable to the Provider for the damage caused thereby.
  2. The User is obliged to pay the Price for the provision of Services in the scope and manner in accordance with these GTC and in accordance with the valid price list available on the Website.
  3. The User commits not to change, remove, delete, copy or in any other way interfere with the data set by the Provider within the Platform and not to use the Platform in a way that would violate the rights of the Provider and/or damage his reputation and interests.
  4. The User is obliged to behave in a way, that there is no unauthorized access to the User Account by a person who is not authorized to access this account, in particular, he is obliged to take all measures to prevent the leakage of login name and password data, otherwise he is responsible for all damages, suffered by the Provider and/or another user and/or visitor and/or third party as a result of this fact.
  5. The User has the right to use the content of the Website so he can properly use the Service, and with such use of the content of the Website, the Provider expresses his non-exclusive consent valid for the duration of the provision of the Services.
  6. The user commits that he will use the Services exclusively for his own needs and business and will not further commercially provide them to third parties.
  7. The Service also includes the storage of records and information that the User enters into the Platform. However, the User acknowledges that the Provider does not ensure the archiving of registry records, nor the storage of accounting documents created by the User as part of the provision of the Service. At the same time, the Provider is not responsible for any damage that may occur to the User in connection with the obligations established by generally binding regulations in the field of registry and archiving, or in the area of keeping accounting documents.
  8. The User has the right to use the Platform also as a data repository for the purpose of storing individual documents that are inserted, processed or created in connection with the provision of the Service. In the event that such data or documents interfere with the rights of the Provider and/or other users and/or third parties, the Provider has the right to unilaterally and irreversibly remove all User content from the data storage by deleting it, while inviting the User in advance to remove described content. In such a case, the Provider is not responsible for any damage that may occur to the User as a result of this action.
  9. The User has the right to request the Provider to immediately delete the User Account and/or the User’s content, with the provision that the Provider will cancel the User Account free of charge and irrevocably delete the User’s content after receiving such a request. The User has the option to delete the content of his User Account independently, by deleting the data he filled in. In the event that the User Account is not deleted, the User will be allowed limited access to your User account even after the termination of the provision of Services.

VI. Rights and obligations of the Provider

  1. The Provider commits to provide Services by making the Platform available on the Website, available to the User by establishing a User Account.
  2. When providing services for a fee, the Service Provider provides the Services at Prices according to the current price list available to the public via the Website.
  3. The Provider reserves the right to provide the Service during the specified period also free of charge or at a Price reduced by a specified amount.
  4. In the event that the Service is intended to consist of the mediation and/or brokerage of the provision of various services by third parties for the User, for the purposes of the General Terms and Conditions, the Service also means its mediation and/or brokerage. In that case, the Provider is not a direct supplier of services, but their intermediary.
  5. For the avoidance of doubt, it is established that the Service provided by the Provider is not a consulting service, the service of an accountant, financial advisor, lawyer or other person according to a special generally binding legal regulation. The Service also does not include ensuring the archiving of the User’s documents in accordance with the relevant legal regulations.
  6. The Provider is not responsible for the content and correctness of specific administrative and economic actions of the Provider performed in relation to public authorities or other third parties.
  7. The Provider is obliged to ensure continuous availability of the Service. The vioalation of this obligation excluds an interruption of the provision of the Service as a result of circumstances excluding liability according to Art. IX of these GTC, including service intervention by the User or shutdown by a third party.

VII.    License agreement and intellectual property rights

  1. The content of the Platform and the individual Services provided through it, including the website, source codes, functions, products, graphic displays, user interface, text content, logos, designs, are protected by the relevant provisions of the regulations in the field of intellectual property law, including regulations copyright. The owner of the cited rights, or the person authorized to dispose of the cited rights is the Provider.
  2. In the event, when it is necessary for the User to use intellectual property rights for the purposes of providing the Services, the Provider grants the User a non-exclusive, worldwide, non-transferable and limited license to use intellectual property rights only for the purpose of using the Platform when using the Services in accordance with this Agreement (hereinafter referred to as the “License”). The license fee is included in the price. The License does not allow the User to grant a sublicense to third parties or further transfer or sell the License. Except as otherwise expressly provided in these TOS, no other license or right shall be deemed to be granted or implied in respect of Provider’s intellectual property, copyright or confidential information, whether registered or not.
  3. The user commits to use the Platform and related Services in accordance with these GTC and to the extent of the paid Service, and at the same time will not be protected in any way to reproduce, rent, republish, sell, expand, download or create derivative works.
  4. At the same time, the User commits not to use the Website and the Platform, or their parts that are subject to intellectual property protection, in any unauthorized way, including, but not limited to, unauthorized access, unauthorized automated downloads or overloading of network capacity.
  5. The Platform may allow an access to products, services, websites, links, content, materials, expertise, integrations or applications from third parties. The provider does not grant a license to any intellectual property within third-party applications and services and bears no responsibility to the acquirer or other entities in connection with the information and services provided by any third-party applications or services.

VIII.   Liability for defects

  1. The provider is not responsible for partial or complete non-fulfillment of obligations under the contract and these GTC if this non-fulfillment occurred as a result of circumstances excluding liability under Art. IX of these GTC, such as circumstances on the part of a third party, the User or due to the presence of force majeure.
  2. In the event that the Provider refers to force majeure, he is obliged to notify the User without undue delay.

VIII. Circumstances excluding liability

  1. The Provider commits to make every effort for the continuous availability of the Services through access to the Platform within the Website, including ensuring an adequate standard of security and operability of its systems.
  2. In case of those circumstances, which exclude liability, as an objective and unavoidable circumstances, technical obstacles or other facts causing the impossibility of providing Services, which the provider cannot influence, the provider is not responsible for such obstacles.
  3. Circumstances, which exclude liability, are such an extraordinary and unavoidable events or unavoidable facts caused by the provision of Services and their immediate consequences, which are capable of affecting the proper and complete fulfillment of the obligations arising from these General Terms and Conditions.
  4. In addition to force majeure, shutdown of the Provider or downtime on the part of a third party are considered circumstances excluding liability.
  5. Circumstances that occurred independently of the provider’s will, without his fault, are unforeseeable, or foreseeable but uncontrollable, and have an impact on the provision of Services and these GTC, are considered force majeure for the purposes of these GTC.
  6. The User acknowledges and agrees that the Provider must from time to time carry out routine maintenance, repair or update of the Platform when the services may not be available or do not work properly. The Provider will try to inform the User about such shutdown in advance.
  7. The User also acknowledges that the Provider relies on third parties to provide the Services, including providers of standard software, cloud or hosting services. The Client agrees that the unavailability of third-party systems (i) may affect the availability of the Platform and/or Services, (ii) is beyond the control of the Provider, and (iii) will not result in any refund of the Price to the User. The Provider will use commercially reasonable efforts that may be necessary to prevent its third parties from causing the Services to be unavailable.
  8. In the event of circumstance, which exclude liabiliy, the Provider reserves the right not to be liable for any damage or injury arising as a result of the interruption or termination of the provision of Services.

IX. Duration of the contract and its termination

  1. The contract between the Provider and the User is concluded for an indefinite period.
  2. The Provider is entitled to withdraw from the Agreement and cancel the User’s registration in the event, where the User violates these Terms and Conditions, violates the Provider’s intellectual property rights, damages the Provider’s reputation, or allows another unregistered person to use the Platform.
  3. The user is entitled to withdraw from the contract in the event of a material breach of the contractual obligation by the Provider, not originating in circumstances excluding liability according to Art. IX of these GTC.
  4. In case of withdrawal from the Agreement and cancellation of registration, the Provider is entitled to irreversibly delete the content and all data created by the User on its site, in this case the Provider is not responsible for the damage caused to the User in connection with the deletion of his data and User content.
  5. In the event of withdrawal from the Agreement and cancellation of registration, the contracting parties will not return any services they provided before the withdrawal from the Agreement and cancellation of registration.
  6. The Provider as well as the User are entitled to terminate the Agreement concluded on the basis of these General Terms and Conditions, while the notice period is one month and begins on the first day of the calendar month following the delivery of the notice to the other party.
  7. Termination and withdrawal from the Agreement can be done by sending it to the e-mail address of the User or the Provider

X. Personal data protection and trustworthiness

  1. The Provider processes the User’s personal data and observes the protection of personal data in accordance with Regulation 2016/679 of the European Parliament and of the EU Council on the protection of natural persons in the processing of personal data and on the free movement of such data (“GDPR regulation”) and Act NR SR No. 18/ 2018 Z.z. on the protection of personal data (hereinafter referred to as “ZoOU”).
  2. Information regarding the processing of personal data by the Provider is available on the Provider’s website. By acceding to these GTC, the User also confirms that they have read these terms.
  3. For the purposes of processing the User’s personal data as part of the provision of information society services, the Provider is in the position of an independent controller of personal data.
  4. In the event that the provision of the Services involves mediation by a third party, the provider is in the position of intermediary of personal data.
  5. The Provider will maintain the confidentiality of all data and personal data that the User enters into the Platform or User account. In the event that the Provider entrusts other persons with the processing of personal data, this is done only for the purpose of providing the service in accordance with these GTC. At the same time, these persons will be obliged to observe confidentiality in the same way as the Provider in relation to the data or personal data provided by the User to the Provider. These persons are obliged to follow, among other things, these General Terms and Conditions when carrying out their activities.

XII.    Complaints

  1. The Provider makes every effort to satisfy our Users. Any complaints and complaints can be made to the email address info@softygon.com
  2. The provider commits to handle the complaint in the shortest possible time and without unnecessary delay, no later than 30 days after receiving the initiative from the User.

XIII.   Communication

  1. In the case of delivery of mutual correspondence, delivery within the meaning of these GTC means delivery of written content to an electronic address or registered mail or courier to the address of the Provider.
  2. The day on which the Contracting Party refuses to accept the delivered document, or on the day of returning the shipment with a marked note regarding the impossibility of delivering the shipment, is also considered the day of delivery.
  3. In the case of electronic delivery of documents by e-mail, the document is considered delivered on the day following the day it was sent.
  4. For the purposes of delivery by mail, the addresses of the Contracting Parties listed in the User’s registration will be used, unless the addressee of the documents has announced a new address, or a new electronic address for the delivery of documents.

XIV. Change of GTC

  1. The Provider reserves the right to change these GTC at any time during the duration of the Agreement or the provision of Services. The Provider will announce the change to the General Terms and Conditions via the website or by notification via electronic communication.
  2. The parties to the contract are always bound by the provisions of the GTC valid at the time the contract is concluded; If the User does not express disagreement with the wording of the General Terms and Conditions within 7 days from the notification of their change, these General Terms and Conditions also become effective in relation to the valid Agreement.
  3. If any provision of the General Terms and Conditions becomes invalid, ineffective, or unenforceable, the other provisions unaffected by this remain in full force. In such a case, the Provider will replace such a provision with a valid, effective and enforceable provision that will differ as little as possible from the principles agreed in these GTC while preserving the economic and legal purpose and meaning of the replaced provision.
  4. This version of the GTC becomes valid and effective on May 15th., 2024.

XV. Supervisory authority

The Provider’s supervisory body is:
SOI Inspectorate for the Bratislava region
Department of Supervision
Prievozská 32, P.O. Box 5
820 07 Bratislava 27
Slovak republic

XVI. Final provisions

  1. Legal relationships not regulated by these General Terms and Conditions are governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code as amended.
  2. These General Terms and Conditions as well as the Agreement concluded on the basis of it and the relationship arising from it are governed by the law of the Slovak Republic and at the same time they hereby agree that any legal disputes arising from these General Terms and Conditions and the Agreement will be discussed and decided by the courts of the Slovak Republic, thus establishing the jurisdiction of the courts of the Slovak Republic of the Republic.