1. Introductory provisions
1.1 These general terms and conditions (hereinafter referred to as " GTC ") govern the rights and obligations between us as a provider and you as a client in the provision of our services via https://www.draxard.com/ or under the brand name Draxard.
1.2 The service provider is us, i.e. the company Social Marketing s.r.o. , with registered office: Kozia 28 , 811 03 Bratislava - Staré Mesto district , Slovak Republic, IČO: 53 517 202 , registered in the Commercial Register Mestského of the Court of Bratislava III, section Ltd., insert no. 150433/B (hereinafter referred to as " we ").
1.3 You are the client, i.e. any natural or legal person who placed an order for our services (hereinafter referred to as " You ").
1.6 Services are our services provided via https://www.draxard.com/ or under the draxard brand, in particular the management and analysis of social networks (hereinafter referred to as " our services " or " services ").
1.7 Commercial Code means Act No. 513/1991 Coll. Commercial Code as amended (hereinafter referred to as " Commercial Code ").
1.8 Regulation means EU regulation no. 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data (hereinafter referred to as the " Regulation ").
2. Conclusion of the contract
2.1 You can order our services by creating a free account on our website or through our applications and then filling in and submitting the order form, which creates a contract between us as a service provider and you as a client (hereinafter referred to as the " contract "). The contract can also be concluded by sending an order via email or by phone and its subsequent confirmation by us or By your acceptance of the quotation.
2.2 The subject of the contract is mainly our commitment to provide the ordered services and your commitment to pay the agreed price. Our services are primarily provided in the form of subscription according to the currently available plans and their prices. All information about our services, plans and their prices can be found on our website and in our applications.
2.3 The subscription includes the services and functionalities listed within the individual plans. New features or additions to the Services are not included under an existing subscription, unless expressly stated otherwise.
2.4 By creating an account or by sending the order, you confirm that you have familiarized yourself with these GTC and agree with their content, as well as that you have familiarized yourself with the features of our services.
3. Prices and payment terms
3.1 The price of our services is determined based on the current price list published on our website and in applications.
3.2 Our services are primarily provided in the form of a subscription according to the currently available plans and their prices. All information about our services, plans and their prices can be found on our website and in our applications.
3.3 At the beginning, you may be given a trial period to try our services free of charge. All information about the trial period can be found on our website and in our applications.
3.4 The price is paid after placing the order, and you will be automatically redirected to the payment gateway. In the case of a subscription, payments will be made as follows:
· Monthly subscription: You pay the price for the first month after placing the order. The subscription will automatically renew on the same day of each calendar month, with payment automatically withdrawn via the payment gateway. You can cancel your subscription at any time to stop future payments. In this case, the subscription will end at the end of the last billing period.
· Annual subscription: You pay the price for the first year after placing the order. The subscription will automatically renew on the same day of each calendar year, with payment automatically withdrawn via the payment gateway. You can cancel your subscription at any time to stop future payments. In this case, the subscription will end at the end of the last billing period.
3.4 You can change your purchased plan at any time. In case of change to a higher plan, the change will be effective after payment of the price for the new plan. In case of change to a lower plan, the change will be effective from the next billing period.
3.5 In the event that proper payment is not made by you, we are not obliged to provide the required services.
4. Provision and use of our services
4.1 You agree to use our services only for the intended purposes and in accordance with these GTC, other possible rules stated on our website and in the applications, the rules of social network operators and in accordance with the relevant legal regulations.
4.2 You are fully responsible for using the services through your account, regardless of whether the services are used directly by you or by other persons.
4.3 You are fully responsible for the content that you upload, create, edit or share while using our services, and that it does not violate legal regulations, rules or any rights of third parties (e.g. intellectual property rights, rights to protect personality, rights to protect privacy, personal data protection rights, trade secrets). You undertake not to publish content that promotes terrorist activity, violence or any other criminal activity, or is sexual or hateful in nature. If you violate this prohibition, we reserve the right to block, limit, terminate or suspend your account or otherwise limit our services and/or remove content that constitutes prohibited use.
4.4 We are not obliged to make backups of the content you upload through our services and we recommend that you archive your content on your own line.
4.5 You agree that we can refer to you as our client, in the scope of your name / title, logo or other identification data and the products you use.
4.6 You are responsible for keeping your account name and password safe and we are not liable for any damages caused by hacked, stolen or otherwise misused passwords.
4.7 You may not probe or test the vulnerability of our services or violate the security measures used by our services.
4.8 You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our services.
4.9 You may not use any device, software or procedure to interfere or attempt to interfere with the proper functioning of our Services. You may also not upload content that interferes or could interfere with the proper functioning of our services.
4.10Naše služby nie sú určené pre osoby mladšie ako 16 rokov.
4.11 We have the right to update, supplement or otherwise modify our services and temporarily suspend the provision of our services in the event of maintenance, repair or other circumstances that we deem necessary. We can also implement updates, improvements, repairs, or other similar modifications aimed at improving our services. You agree that such changes may lead to changes in the appearance or functionality of our services.
4.1 2We also have the right to terminate the provision of our services at our discretion, about which we would inform you in reasonable advance. In the event of such termination of the provision of services before the end of your invoicing period, a proportional part of the paid price relating to the period when the services will no longer be provided will be returned to you.
4.1 3We reserve the right to block, restrict, terminate or suspend your account or otherwise limit our services, in the event of your use of our services in violation of these GTC. In this case, you are not entitled to a refund of the paid price or its proportional part.
4.1 4After termination of service provision, we may permanently delete all your data and content.
5. Liability for damage
5.1 We bear responsibility for damages that you have demonstrably incurred as a result of a breach of our obligations in accordance with the relevant provisions of the Commercial Code on compensation for damages, while the amount of damages is limited by the amount of the price that you paid for our services.
5.2 We bear no responsibility for the actions or omissions of third parties (e.g. operators of social networks).
6. Intellectual Property Rights
6.1 You represent that you own all necessary intellectual property rights to the content that you upload, create, edit or share while using our services. In order to be able to provide our services, you grant us a non-exclusive license, without temporal, territorial and material limitations to your content.
6.2 In addition to the content defined in Art. 6.1 we are the sole holder of the intellectual property rights to the content found on our website and applications (eg texts, graphics, logos). Without our prior written consent, you do not have the right to use this content or any part of it, i.e. in particular but not exclusively to copy, reproduce or modify it, as well as create derivative works.
6.3 We are also the exclusive holder of the intellectual property rights to the software making up our services. The Services and the software used therein may only be used for the intended purposes in accordance with these GTC. Without our prior written consent, you do not have the right to use this software or any part of it in any other way, i.e. in particular but not exclusively to copy, reproduce or modify it, as well as create derivative works, resell it, distribute it or otherwise provide it to third parties persons. You also may not reverse engineer, reverse engineer, or otherwise attempt to discover the source code or underlying algorithms.
7. Governing law and dispute resolution
7.1 These GTC and the relationships arising from them are governed by the legal order of the Slovak Republic, in particular the Commercial Code.
7.2 If disputes are not resolved amicably, disputes will be resolved by the locally competent court of the Slovak Republic.
8. Protection of personal data
8.1 Your personal data will be processed in accordance with our personal data processing policy, which is available on our website .
8.2 In the case of the provision of our services, we can access personal data through you, which we subsequently process on your behalf and we are in the position of an intermediary and you are in the position of the operator. For the given case, we conclude by accepting these General Terms and Conditions in addition to the contract pursuant to Art. 2 GTC and this agreement on the processing of personal data according to Art. 28 Regulations.
8.3 You hereby entrust us, as the operator, with the processing of personal data on your behalf, for a purpose that results from the type of service we provide to you (mainly management and analysis of social networks). We will process personal data during the validity of the contract in accordance with Art. 2 GTC, i.e. during the time we will provide you with our services. This will be personal data provided by you or users of your account, as well as the data found on your profiles on social networks, which we manage and analyze. The affected persons are the users of your account or people interacting with your profiles on social networks.
8.4 As the operator, you are fully responsible for the correctness, completeness and timeliness of the personal data provided to us. You are also fully responsible for the fact that the personal data of the affected persons was obtained and provided to us in accordance with legal regulations and that all the rights of the affected persons were and are being respected. You are fully responsible for damages caused to us and/or third parties in case of breach of these obligations.
8.5 As an intermediary, we are authorized and at the same time obliged to process personal data only on the basis of your documented instructions. You are obliged to give us only instructions that are in accordance with the Regulation or other relevant regulations, otherwise you are fully responsible for the damage caused.
8.6 As an intermediary, we will process personal data only for specified purposes and only carry out operations that are necessary to fulfill the purpose of processing personal data.
8.7 As an intermediary, we will ensure the security of the provided personal data by protecting it against theft, loss, damage, unauthorized access, change and expansion. We undertake, taking into account the latest knowledge, the costs of implementing measures and the nature, scope, context and purposes of processing, as well as risks of varying probability and severity for the rights of natural persons, to take appropriate technical and organizational measures in order to ensure a level of security appropriate to this risk.
8.8 We and our employees and contractual partners who come into contact with the personal data of the persons concerned are obliged to maintain confidentiality about them.
8.9 We are authorized to entrust the processing of personal data to another person (another intermediary) if this is necessary for the proper provision of services.
8.10 As an operator, you are fully responsible for respecting the rights of the data subject related to the processing of their personal data, resulting from the Regulation. We undertake to the greatest extent possible to provide you with cooperation through appropriate technical and organizational measures in the fulfillment of your obligations to take measures based on the request of the affected person according to Chapter III of the Regulation (rights of the affected person - in particular the right to information, the right to access, the right to correction, the right to erasure , right to restriction of processing, right to portability, right to object).
8.11 We undertake to provide you with cooperation in ensuring the fulfillment of your obligations as an operator according to Art. 32 to 36 of the Regulations, taking into account the nature of the processing of personal data and the information available to us.
8.12 Immediately after termination of the provision of services in accordance with the contract according to Art. 2 GTC will be returned to you or we will delete all personal data and documents related to their processing, which were provided to us by you as the operator or the affected persons.
8.13 We undertake to provide you with all the information necessary to demonstrate the fulfillment of your obligations as an operator and to provide cooperation within the scope of the personal data protection audit and controls.
8.14 We undertake to notify you without delay of a violation or suspected violation of personal data protection or if we believe that your instructions violate the Regulation or other relevant regulations.
9. Contact
9.1 You can contact us using the contact details provided on our website.
10. Final Provisions
10.1 We reserve the right to unilaterally change and supplement these GTC within the limits of the law. The current wording of the conditions can be found on our website. In the event of a change to the GTC, the contractual relationship between us will be governed by the current GTC. Changes to the General Terms and Conditions do not apply retroactively.
10.2 If any of the provisions of these GTC is or becomes invalid or ineffective, this will not affect the validity or effectiveness of the contract and other provisions of the GTC. In such a case, the invalid or ineffective provision will be replaced by a valid and effective provision, the economic effect of which will be as close as possible to the original spirit of the invalid or ineffective provision, or which will serve the purpose of these GTC and the contract to the greatest extent possible.
10.3 These GTC are valid and effective from ................
