1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the rights and obligations related to access to the Fynode software platform, and to the use of services, features, integrations, application programming interfaces, automations, artificial intelligence tools, and related services provided by the Provider.
1.2. The Provider is Rac Development s. r. o., with its registered office at Karpatské námestie 7770/10A, 831 06 Bratislava – Rača, Slovak Republic, Company ID No.: 56 692 293, Tax ID No.: 2122393053, registered in the Commercial Register of the Bratislava III Municipal Court, Section Sro, File No. 184241/B, e-mail: info@fynode.com (hereinafter referred to as the “Provider”).
1.3. The Service is intended exclusively for legal entities and natural persons engaged in business who use it in connection with their business or professional activities. The Service is not intended for consumers. Any person entering into the Agreement on behalf of the Customer represents that they are authorised to act on the Customer’s behalf.
1.4. These GTC form an integral part of the Agreement. Different terms shall apply only if expressly agreed in writing between the Provider and the Customer.
1.5. In the event of a conflict between the individual contractual documents, they shall apply in the following order:
1.6. The Customer’s terms and conditions shall not apply unless expressly accepted in writing by the Provider.
2.1. For the purposes of these GTC, the following terms shall have the following meanings:
3.1. The Agreement is concluded in particular by:
3.2. The Customer is obliged to provide truthful, complete, and up-to-date information and to update it without undue delay. The Provider may require verification of identity, business status, authority to act, or payment details.
3.3. The Customer is responsible for all persons whom it allows to use the Account and for their actions as if they were the Customer’s own actions. The Customer shall ensure that Users comply with the Agreement and use the Service only within the scope of their authorisations.
3.4. The Provider may refuse registration or the conclusion of the Agreement, particularly for security, capacity, technical, legal, or commercial reasons, or if it has reasonable doubts regarding the identity, authority, or solvency of the applicant.
3.5. Trial, free, or promotional use shall be governed by these GTC unless the Provider specifies different terms. The Provider may restrict or terminate such use without stating a reason.
4.1. The Provider makes the Service available to the Customer within the scope of the applicable Plan, Order, activated modules, available functionality, and technical limits.
4.2. The Service may, in particular:
4.3. The specific scope of the Service depends on the Plan, configuration, availability of Connected Services, and current technical Documentation. Information on the website or in promotional materials does not constitute a guarantee of the continued availability of any particular feature, integration, provider, model, or technical implementation.
4.4. The Provider is entitled to continuously develop and modify the user interface, features, API, integrations, automations, AI models, infrastructure providers, and technical solutions. The Provider may restrict, replace, or discontinue a feature or integration, particularly if:
4.5. If a change materially reduces a core feature of a paid Plan and the change is not caused by a third party, applicable law, or an urgent security reason, the Provider shall inform the Customer reasonably in advance. If the Customer does not agree with the change, it may terminate the affected Service before the change takes effect. This shall not affect any obligations that have already become due.
4.6. No availability level or SLA service level is guaranteed unless expressly agreed in an individual written agreement.
5.1. The Customer instructs and authorises the Provider to perform, through the Service, the technical operations necessary to provide the activated features, within the scope determined by the configuration, instructions, mapping rules, access rights, and permissions set by the Customer.
5.2. Technical operations may include, in particular, reading, retrieving, copying, temporarily storing, converting, transmitting, synchronising, creating, modifying, replacing, or, where expressly required by an activated feature, deleting data in the Application or Connected Services.
5.3. The authorisation under this Article may also include creating or modifying orders, documents, shipments, labels, and payment links, transmitting accounting information, reading and processing e-mails, sending communications, calling external APIs, and carrying out steps through an AI agent or automation.
5.4. The Customer determines the scope, purpose, and proportionality of permissions. It is obliged to:
5.5. Settings, instructions, and permissions entered or approved by the Customer shall be deemed to constitute its instructions for the technical performance of the relevant operations. The Provider is not obliged to individually verify the commercial, accounting, tax, or legal correctness of each automated action.
5.6. The Provider may introduce additional verification, approval, limits, blocking, or other security mechanisms and may refuse to perform an operation that is unusual, risky, manifestly incorrect, contrary to the Agreement, or contrary to applicable law.
5.7. The authorisation under this Article constitutes solely technical authorisation for the provision of the Service. It does not establish a power of attorney to perform legal acts on behalf of the Customer, commercial representation, a commission, mandate, fiduciary, or similar relationship.
6.1. The Customer remains solely responsible for its business activities and legal relationships with its customers, suppliers, employees, and other third parties.
6.2. By merely providing the Service, the Provider does not become:
6.3. The Customer is responsible in particular for:
6.4. The creation of a payment link or the technical processing of payment-related information does not mean that the Provider receives or manages the Customer’s funds unless expressly stated otherwise. Payment services are provided by the relevant external provider under its own terms.
7.1. AI Features may create content, translations, recommendations, analyses, proposed responses, or communications and may propose or perform operations in accordance with the Customer’s instructions and permissions.
7.2. Outputs of AI Features are probabilistic in nature and may be incorrect, incomplete, outdated, misleading, inappropriate, or inconsistent. They may be based on inaccurate data, ambiguous input, or incorrect interpretation of instructions.
7.3. The Customer is obliged to ensure appropriate human oversight of AI outputs and AI operations whenever they may have material legal, financial, accounting, tax, reputational, or other significant consequences. AI Features do not replace professional legal, tax, accounting, medical, or other regulated advice.
7.4. Depending on its configuration, an AI Feature may operate as:
7.5. By activating automatic execution, the Customer authorises the performance of operations within the scope of the selected permissions. The Customer is responsible for deciding whether such scope is appropriate, for the instructions provided, and for overseeing the use of the AI Feature.
7.6. If the Customer allows an AI Feature to communicate directly with end users or other persons, the Customer is responsible for:
7.7. The Provider may use external providers of models, infrastructure, and tools to provide AI Features. The specific provider or model may change.
7.8. The Provider may limit AI Features, the number of requests, available models, input or output volumes, autonomous operations, and supported uses, particularly for security, capacity, legal, or cost-related reasons.
7.9. The Customer may not process special categories of personal data, data relating to criminal convictions and offences, state secrets, or other specially protected data through AI Features unless this is expressly supported by the Service, agreed in advance, and the Customer has ensured compliance with all legal and security requirements.
8.1. If the Plan permits the use of the API, the Provider grants the Customer, for the duration of the Agreement, a limited, non-exclusive, non-transferable, and revocable right to use the API for the Customer’s internal business purposes and in accordance with the Documentation.
8.2. The API may be used by software applications, AI assistants, AI agents, or other automated systems authorised by the Customer. The Customer is responsible for their activities, requests, and scope of access.
8.3. The Customer is obliged to protect API keys, tokens, certificates, and other authentication credentials. It must not disclose them or make them available to any unauthorised person. Any use of valid authentication credentials shall be deemed to be use by the Customer unless the Customer has reported their compromise and the Provider has had a reasonable period of time to block them.
8.4. The Provider may set and modify rate, volume, capacity, security, or other technical limits. The Customer must not circumvent the limits by creating multiple accounts, rotating identifiers, or using other technical methods.
8.5. The Provider may modify or discontinue an API version. Where reasonably possible, it shall provide the Customer with notice or a transition period. This shall not apply in the event of an urgent security, legal, or technical need.
8.6. The Provider may immediately restrict or suspend API access if it poses a threat to security, stability, availability, data, third-party rights, or compliance with applicable law.
9.1. Connected Services are provided by third parties independent of the Provider. Their use may be subject to separate contractual, pricing, licensing, technical, and security terms of the relevant third party.
9.2. The Customer is responsible for:
9.3. The Provider does not control or guarantee the availability, data accuracy, security, functionality, pricing, or continued provision of a Connected Service. A third party may change its API, authentication, data structures, limits, terms, pricing, or supported uses, or may discontinue the service.
9.4. The Provider shall not be liable for any failure or restriction of the Service to the extent caused by a Connected Service or the conduct of a third party which the Provider could not influence despite exercising due professional care.
9.5. The Provider may modify, restrict, replace, or discontinue an integration if a change to the Connected Service prevents or unreasonably complicates its continued provision.
10.1. The Customer is obliged to use the Service in accordance with the Agreement, Documentation, applicable law, fair commercial practices, and third-party rights.
10.2. The Customer must not:
10.3. The Customer is responsible for the devices, internet connection, software, licences, and technical conditions necessary to use the Service.
10.4. The Customer is obliged to provide the Provider with truthful and complete information and reasonable cooperation necessary for the provision of the Service. Any delay or lack of cooperation shall reasonably extend the Provider’s deadlines.
11.1. The Customer is obliged to protect passwords, API keys, tokens, login credentials, devices, e-mail accounts, and authentication methods and to ensure appropriate management of Users’ access rights.
11.2. The Customer shall notify the Provider without undue delay of:
11.3. The Provider implements reasonable technical and organisational measures taking into account the nature of the Service, available technologies, costs, and risks. However, no information system can be regarded as completely error-free or resistant to all threats.
11.4. The Customer is obliged to maintain its own reasonable and independent backups of important data and to create a backup before activating any feature capable of modifying or deleting data in bulk.
11.5. The Service is not the Customer’s sole backup, archival, accounting, or document storage system unless the Provider expressly offers such a service under the applicable Plan.
12.1. The Provider shall use reasonable efforts to ensure the availability of the Service but does not guarantee uninterrupted, error-free, or completely secure operation.
12.2. The Service may be temporarily unavailable, particularly due to:
12.3. The Provider may carry out maintenance without prior notice if it is urgent. Planned maintenance with a significant impact shall be announced in advance where reasonably possible.
12.4. Support is provided through the communication channels and within the scope specified by the Plan. Unless otherwise agreed in writing, the Provider does not guarantee a specific response time, resolution time, or the resolution of a problem caused by a third party.
12.5. Features designated as beta, preview, experimental, early access, testing, or similarly:
13.1. The Customer is obliged to pay the prices specified in the Order, current price list, selected Plan, or individual quotation.
13.2. Unless stated otherwise, prices are exclusive of VAT and other taxes or fees, which shall be added in accordance with applicable law.
13.3. Subscriptions are invoiced in advance for the agreed billing period. Usage-based fees, fees for exceeding limits, or fees for additionally provided services may be invoiced in arrears.
13.4. Invoices are issued electronically and delivered to the Customer’s e-mail address or made available in the Application. The Customer agrees to electronic invoicing.
13.5. The due date is stated on the invoice. If no due date is stated, the invoice is payable within 14 days of its issue date.
13.6. Where payment is made by card or another recurring payment method, the Customer authorises the relevant payment service provider to process recurring payments for the subscription and other ordered services.
13.7. If the Customer is in default, the Provider is entitled to statutory default interest, a fixed reimbursement of costs associated with recovering the claim, and reimbursement of reasonably incurred recovery costs.
13.8. The Provider may restrict or suspend the Service if the Customer is in default. Restoration of access may be conditional upon payment of all overdue amounts.
13.9. The Customer is not entitled to unilaterally set off a disputed claim against the price of the Service or withhold payment because of a complaint that does not prevent substantial use of the Service.
13.10. If a Plan includes credits, AI credits, or other consumption units:
13.11. The Provider may change its prices. A subscription price change shall be announced at least 30 days in advance and shall apply no earlier than from the next billing or renewal period. If the Customer does not agree with the change, it may prevent renewal of the subscription or terminate the affected Service before the change takes effect.
13.12. A price change resulting from a change in taxes, statutory charges, an exchange rate specified in the Order, or a higher scope ordered by the Customer may apply without the notice period under Clause 13.11.
14.1. A subscription shall continue for the period specified in the Order. Unless stated otherwise, it shall automatically renew for successive periods of the same duration.
14.2. The Customer may disable automatic renewal in the Application or by notifying the Provider before the next period begins. The subscription shall then end upon expiry of the period already paid for.
14.3. An upgrade to a higher Plan or activation of an additional module may take effect immediately, and the applicable price shall be calculated on a pro rata basis or in accordance with the price list. A downgrade to a lower Plan shall generally take effect from the next billing period.
14.4. If the Customer exceeds a Plan limit, the Provider may:
14.5. Fees for a period that has already begun are non-refundable unless these GTC, the Order, or a mandatory provision of applicable law provide otherwise.
15.1. Based on an Order, the Provider may provide implementation, configuration, migration, consulting, development, modifications, integrations, and other individual services.
15.2. The scope, price, work estimate, deadline, and deliverables shall be specified in the Order or quotation. An estimate is neither a fixed price nor a guaranteed deadline if it is expressly designated only as an estimate.
15.3. A Customer request exceeding the agreed scope shall be deemed a change to the specification and may result in a change to the price and deadline. The Provider is not obliged to begin work on the change before it has been approved.
15.4. The Customer is obliged to provide materials, access, test data, decisions, and cooperation in a timely manner. The Provider shall not be liable for delays or defects caused by incorrect materials or insufficient cooperation.
15.5. The Customer is obliged to inspect a deliverable and notify the Provider of specific defects within five Business Days of its delivery unless a different period has been agreed. A deliverable shall be deemed accepted if the Customer begins using it in production or fails to report, within the applicable period, defects preventing its agreed use.
15.6. The Provider shall remedy a duly reported reproducible defect within a reasonable period. A new requirement, change to the specification, incompatibility caused by a subsequent third-party change, or a problem caused by the Customer’s intervention shall not constitute a defect.
15.7. Maintenance, support, updating, or compatibility of an individual deliverable after delivery is not included unless expressly ordered.
16.1. The Provider or its licensors remain the owners of all rights to the Service, Application, software, source and object code, API, Documentation, user interface, database structures, templates, workflows, integrations, algorithms, AI Features, technical solutions, and improvements thereto.
16.2. For the duration of the Agreement, the Provider grants the Customer a non-exclusive, limited, non-transferable, and non-sublicensable right to use the Service for its internal business purposes within the scope of the Plan and the Agreement.
16.3. The Customer retains its rights to Customer Data and its content. For the duration of the Agreement, the Customer grants the Provider a non-exclusive right to host, copy, transmit, convert, reformat, temporarily store, and otherwise technically process Customer Data to the extent necessary to provide, secure, and support the Service.
16.4. The Customer represents that it has all rights and legal bases necessary to use and make Customer Data available and that its processing under the Agreement shall not infringe any third-party rights.
16.5. Unless the Order provides otherwise, rights to individually developed components, reusable code, libraries, connectors, processes, templates, and general know-how shall remain with the Provider. Upon full payment of the price, the Customer acquires a non-exclusive right to use the delivered output for the agreed purpose for the duration of the applicable intellectual property rights.
16.6. Any transfer of economic rights or grant of an exclusive licence must be expressly stated in a written Order and may be conditional upon full payment of the price.
16.7. If the Customer provides feedback, a proposal, or a recommendation for improving the Service, the Provider may use it free of charge for the development and operation of the Service, provided that it does not disclose confidential information or Customer Data.
16.8. The Provider may use aggregated or anonymised information from which neither the Customer nor any natural person can be identified for analysis, security, statistics, and improvement of the Service.
17.1. Each party is obliged to maintain the confidentiality of the other party’s non-public commercial, technical, financial, and other information that is designated as confidential or whose confidential nature follows from its nature.
17.2. Confidential information may be used only for the performance of the Agreement and may be disclosed only to employees, contractors, advisers, and suppliers who need to know it and who are bound by an appropriate confidentiality obligation.
17.3. The confidentiality obligation does not apply to information that:
17.4. If disclosure is mandatory, the affected party shall, where legally permitted, inform the other party in advance and disclose only the necessary extent.
17.5. The confidentiality obligation shall continue for the duration of the Agreement and for five years after its termination; in the case of trade secrets and personal data, it shall continue for the entire period of their legal protection.
18.1. Where the Provider processes personal data through the Service in respect of which the Customer determines the purposes and means of processing, the Customer shall be the controller and the Provider shall be the processor within the meaning of Article 28 of the GDPR. This Article constitutes a data processing agreement.
18.2. The subject matter of processing is the provision of the Service, including integrations, synchronisation, automation, hosting, technical support, API, e-mail, and AI Features. Processing shall continue for the duration of the Agreement and for the necessary period following its termination.
18.3. The nature and operations of processing may include collecting, recording, organising, storing, retrieving, consulting, using, transmitting, combining, synchronising, converting, restricting, erasing, and other operations necessary to provide the activated features.
18.4. The processed data may include, in particular, identification, contact, billing, order, payment, shipping, customer, communication, e-mail, technical, and user data, product and purchase data, IP addresses, device identifiers, and other data entered or made available by the Customer.
18.5. Data subjects may include, in particular, the Customer’s customers and prospective customers, employees, contractors, suppliers, contact persons, website visitors, communication recipients, and Users.
18.6. The Provider undertakes to:
18.7. The Customer grants the Provider general written authorisation to engage other processors necessary for providing the Service, particularly providers of hosting, cloud infrastructure, e-mail services, support, monitoring, AI models, analytics, and technical services.
18.8. The Provider shall ensure that each other processor is contractually bound by data protection obligations substantially corresponding to those set out in this Article. The Provider shall be responsible for the other processor’s performance of its obligations to the extent specified by the GDPR.
18.9. The Provider may announce an intended addition or replacement of another processor through the Application, by e-mail, or by publication in a list of processors. The Customer may object within ten days on demonstrable data protection grounds. The parties shall attempt to find a reasonable solution; if this is not possible, the Provider may restrict the affected feature or either party may terminate the affected part of the Service.
18.10. Personal data shall be transferred outside the European Economic Area only where the conditions of Chapter V of the GDPR are met, particularly on the basis of an adequacy decision, standard contractual clauses, or another valid mechanism. The Customer authorises the Provider to enter into the necessary standard contractual clauses with another processor.
18.11. The Customer is responsible for:
18.12. The Customer is obliged to submit requests for assistance sufficiently in advance and with sufficient information. Reasonable standard assistance is included in the Service; exceptionally extensive, repeated, or highly specialised assistance may be charged at the applicable hourly rate.
18.13. The Customer may request an audit of compliance with this Article no more than once per calendar year. The audit shall be conducted by prior agreement, during business hours, without jeopardising the security and confidentiality of other customers, and preferably through Documentation or an independent auditor’s report. The costs of the audit shall be borne by the Customer, except where the audit demonstrates a material breach of the Provider’s obligations.
18.14. Erasure from backups shall take place within standard backup cycles where immediate individual erasure is not technically reasonable, provided that the data remains protected until erased and is not further used for any other purpose.
18.15. Where the Provider processes contact, contractual, billing, security, or operational data for its own purposes, it acts as an independent controller. Further details are set out in the Personal Data Processing and Privacy Policy.
19.1. The Customer is obliged to report a defect without undue delay after discovering it by e-mail to info@fynode.com or through the designated support channel.
19.2. The report must include a description of the defect, the time it occurred, the affected feature, steps to reproduce it, and available technical information. The Customer shall provide reasonable assistance with diagnosis.
19.3. Depending on the nature of the defect, the Provider shall choose an appropriate remedy, particularly repair, a workaround, re-performance of the operation, or a reasonable price adjustment.
19.4. The following, in particular, shall not constitute a defect in the Service:
19.5. The Customer has no consumer right to withdraw from the Agreement without stating a reason.
20.1. The Provider may reasonably restrict or suspend access, without liability for the inability to use the Service, if:
20.2. The Provider shall inform the Customer of the restriction and the reason for it where permitted by the legal, security, and technical circumstances.
20.3. The restriction shall remain in place only for the period reasonably necessary to remedy its cause. The Customer is obliged to provide cooperation without delay.
20.4. Suspension due to a reason attributable to the Customer shall not affect the obligation to pay the agreed fees.
21.1. The Agreement is concluded for the period specified in the Order. If no period is specified, it is concluded for an indefinite term with a monthly billing period.
21.2. The Customer may terminate an Agreement concluded for an indefinite term with one month’s notice. A fixed-term subscription may be terminated by disabling renewal; it shall end upon expiry of the paid period.
21.3. The Provider may terminate an Agreement concluded for an indefinite term with one month’s notice. It may terminate a fixed-term subscription for operational or commercial reasons by giving at least 30 days’ notice; in such a case, it shall refund the pro rata portion of the price paid in advance for the period in which the Service is not provided.
21.4. Either party may withdraw from the Agreement in the event of a material breach if the breaching party fails to remedy the breach within a reasonable period specified in a notice.
21.5. The Provider may terminate the Agreement with immediate effect, particularly in the event of:
21.6. The Provider may terminate the Agreement or the affected part of the Service if it can no longer reasonably be provided due to a change in applicable law, a decision of a public authority, the discontinuation of a critical Connected Service, or another circumstance beyond the Provider’s reasonable control.
21.7. Upon termination of the Agreement:
21.8. The Customer is obliged to export any data it requires before the Agreement terminates. If permitted by the Service and unless otherwise required by applicable law, the Provider may keep the data available for no more than 30 days after termination and subsequently erase or anonymise it.
21.9. The Provider is not obliged to retain data after the period specified in Clause 21.8. Individual restoration or export of data after termination may be subject to a fee where technically possible.
21.10. Following termination of the Agreement, the Customer is obliged to revoke the Provider’s and its integrations’ access to Connected Services. The Provider may carry out technical disconnection but does not guarantee the revocation of permissions managed exclusively by a third party.
22.1. Each party shall be liable for breaches of its obligations to the extent specified by the Agreement and applicable law.
22.2. The Customer acknowledges that the results of the Service also depend on its configuration, the quality of input data, Connected Services, internet infrastructure, external APIs, and the instructions provided to automations and AI Features.
22.3. To the fullest extent permitted by applicable law, the Provider shall not be liable for:
22.4. Where the Provider’s liability cannot be excluded, its total aggregate liability arising from all events related to the Agreement shall, to the fullest extent permitted by applicable law, be limited to the amount of fees excluding VAT paid or payable by the Customer for the affected Service during the 12 months immediately preceding the event giving rise to the claim. If the Agreement was in effect for a shorter period, the amount for the entire duration of the Agreement shall apply.
22.5. The limitations under this Article shall not apply to the extent their application is excluded by a mandatory provision of applicable law, particularly in the case of intentionally caused damage or other cases in which liability cannot validly be limited.
22.6. The Customer is obliged to take reasonable measures to prevent and mitigate damage. It shall notify the Provider of a claim without undue delay, together with a description of the event and available evidence.
22.7. Multiple claims arising from the same or a related cause shall be regarded as a single event for the purposes of the liability limit.
23.1. The Customer shall reimburse the Provider for reasonable and demonstrated costs, damage, and payments resulting from a third-party claim caused by:
23.2. The Provider shall inform the Customer of such a claim without undue delay and allow it to reasonably participate in the defence. The Customer must not, without the Provider’s consent, enter into a settlement that imposes an obligation, admission of liability, or non-monetary performance on the Provider.
24.1. A party shall not be liable for any delay or failure to perform an obligation caused by an event beyond its reasonable control which it could not reasonably foresee or overcome, including, in particular, a natural disaster, war, civil unrest, epidemic, widespread outage of electricity, telecommunications, or the internet, cyberattack, sanctions, intervention by a public authority, or failure of a critical supplier.
24.2. The affected party shall inform the other party and use reasonable efforts to mitigate the consequences.
24.3. If the force majeure event continues for more than 60 days and materially prevents the provision of the Service, either party may terminate the affected part of the Agreement.
25.1. The Provider may amend these GTC, particularly due to:
25.2. The Provider shall notify the Customer of a material amendment through the Application, by e-mail, or by another appropriate electronic method at least 30 days before it takes effect.
25.3. If the Customer does not agree with a material amendment, it may terminate the Agreement no later than on the effective date of the amendment. If the Customer continues to use the Service after that date, the amended wording shall be deemed accepted.
25.4. An amendment may take effect earlier if necessary to comply with a legal obligation, avert a security risk, prevent misuse, or respond to a third-party change. The Provider shall provide notice of such amendment without undue delay.
25.5. An amendment that is solely administrative or linguistic, or that is more favourable to the Customer and does not materially change its rights or obligations, may take effect upon publication.
26.1. Contractual communications may be conducted electronically through the Application, by e-mail, or through another agreed communication channel.
26.2. A notice sent to the Customer’s last notified e-mail address shall be deemed delivered on the following Business Day after it is sent, provided the sender has not received a non-delivery notification.
26.3. The Customer is obliged to keep its contact and billing details up to date and to monitor notices in the Application and its e-mail inbox.
26.4. A notice concerning termination of the Agreement, a security incident, or a claim must be made in a manner that allows its content to be recorded and the sender to be identified.
27.1. The Agreement shall be governed by the laws of the Slovak Republic, particularly Act No. 513/1991 Coll., the Commercial Code, without giving effect to conflict-of-law rules that would result in the application of another legal system.
27.2. The parties undertake to first attempt to resolve any dispute through negotiation. If no agreement is reached, the general courts of the Slovak Republic shall have jurisdiction to resolve disputes; the court having territorial jurisdiction shall be the court determined by the Provider’s registered office, unless a mandatory provision of applicable law provides otherwise.
27.3. The application of mandatory provisions of European Union law or other binding rules that cannot be contractually excluded shall remain unaffected.
27.4. The Customer may not assign the Agreement or transfer its rights and obligations to a third party without the Provider’s prior written consent. The Provider may assign the Agreement to an affiliated entity or to an acquirer of the business, Service, or relevant part of its assets, provided this does not materially worsen the Customer’s position.
27.5. Failure to exercise a right or delay in exercising it shall not constitute a waiver of that right.
27.6. If any provision of the Agreement is invalid, ineffective, or unenforceable, the remaining provisions shall remain in force. The affected provision shall be replaced by a provision that most closely reflects the legal and commercial purpose of the original intention.
27.7. The Agreement does not establish a partnership, joint venture, employment relationship, fiduciary relationship, or general agency relationship between the parties.
27.8. In the event of any conflict between the Slovak wording and a translation of these GTC, the Slovak wording shall prevail.
27.9. These GTC shall take effect on 24 August 2026.