Terms and Conditions

CodeNOW s.r.o. provides a cloud-native software development accelerator platform. These Terms and Conditions establish rights and obligations between CodeNOW and customers regarding service provision.

1. Introductory Provisions

The agreement governs the relationship between CodeNOW and Customer regarding provided Services.

2. Definitions

This document defines 30+ terms including: Additional Service, Applicable Data Protection Legislation, Business Day/Hours, CodeNOW User, Technical Support, Contract, Customer, Fee(s), GDPR, HelpDesk, Platform, Service(s), SLA, Software, Trial Period, and User.

6. Service Prerequisites

CodeNOW not liable if prerequisites unfulfilled; Customer still owes fees.

3. General Terms

• Services governed by Order Form and these Terms
• Customer must order Control Plane and Data Plane Services
• Agreement formed by checkbox acceptance or email confirmation
• CodeNOW not obligated to accept offers
• Requires complete, truthful information

4. Platform Access

• Login credentials provided on Service Enabled Date
• Customer must change password immediately
• Communication via Platform constitutes written legal acts
• English or Czech language supported

5. Trial Period

• 14-day free trial available
• One trial per 12-month period
• Data erased upon termination
• Service fees begin post-trial

7. Customer Obligations

• Comply with Contract and legal regulations
• Maintain IT infrastructure
• Report unauthorized access
• Backup own data (repository backups made regularly)
• Monitor Platform for notifications

8. Service Quality

• Professional, workman-like provision guaranteed
• Customer must notify of deficiencies
• Service information monitored by CodeNOW

9. Pricing and Invoicing

• Monthly or annual payment options
• Fees non-cancellable, non-refundable
• Late payment penalty: 0.05% of the outstanding amount for each day late
• Service suspension after 10+ days non-payment
• Electronic invoice delivery

10. Licenses

• Non-exclusive license for development/testing/operation
• No sublicensing, transfer, or commercial exploitation
• No intellectual property rights granted
• Customer prohibited from copying, modifying, or reverse engineering

11. Content

• Customer responsible for all content
• CodeNOW may remove rights-violating content
• Customer must comply with takedown notices
• CodeNOW not liable for deletion or storage failure

12. Service Modifications

• CodeNOW may unilaterally update Services
• One-month advance notice required via Platform
• Customer may dispute non-legislation-driven changes within 14 days
• Silence indicates acceptance

13. Disclaimers and Liability

• CodeNOW liable only for contractual obligations
• No warranties beyond professional provision
• Liability capped at 100% of the sums paid to CodeNOW during the previous 12 months
• No liability for lost profit, lost data, or indirect damages
• Customer responsible for Service selection suitability

14. Technical Support

• Second-level support during Business Hours (9-18 CET/CEST, Monday-Friday)
• Best-effort response by next Business Day
• Planned Maintenance excludes 24/7 guarantees
• Premium Support available separately

15. Confidential Information

• Both parties must maintain confidentiality
• CodeNOW may disclose to third parties if bound by confidentiality
• Confidentiality survives termination for 3 years
• CodeNOW may use Customer name as reference

16. Personal Data

• Processing occurs for contract performance, legal compliance, and rights protection
• Legal grounds: legitimate interest and legal obligation
• Data subjects have access, rectification, erasure, and restriction rights
• Data Processing Agreement (Appendix 1) incorporated

18. Exit Procedures

• CodeNOW deletes Customer data within 1 month post-termination
• Exception: data required by law or for CodeNOW rights enforcement

19. Governing Law

• Czech Republic law governs
• Excludes conflict-of-laws rules

20. Dispute Resolution

• Negotiation required first
• Final arbitration via Czech Chamber of Commerce arbitration court
• Three arbitrator panel

21. Final Provisions

• Document priority: Order Form > Terms > Service Datasheet > Other documents
• Contract binding on successors
• Customer cannot assign receivables without written consent
• Void provisions don't invalidate others

17. Term and Termination

Indefinite term unless specified otherwise. Either party may terminate with three-month notice.

CodeNOW may immediately terminate for:

• Abusive use or legal violations
• Third-party rights violations
• Payment default (30+ days)
• Failure to cooperate
• Force majeure
• Confidentiality breaches

Customer may terminate for substantial CodeNOW breaches (below 80% service performance for 3+ months, or missing functionality 30+ days).