Terms of Service | Prebi

1. Introductory Provisions and Definitions

These Terms of Service (hereinafter "ToS") govern the contractual relationship between the Prebi service provider and service users. By using the service, you agree to these ToS.

2. Contract Conclusion and Registration

The contractual relationship arises through account registration via the Prebi service web interface or by concluding a written order. The customer is responsible for the correctness and truthfulness of the information provided during registration.

The provider reserves the right to refuse registration or terminate the service without giving a reason, especially in case of suspicion of fraudulent activity or violation of ToS.

Note on Contract Determinability: In case the essential elements of the contract (particularly the price or the method of its determination) are not agreed upon, provisions for determining these elements will be applied to ensure the contract meets the requirements for determinability of contract content pursuant to Section 269 of Act No. 513/1991 Coll. Commercial Code as amended.

3. Service Scope and Availability

The Prebi service includes tools for automated reservation acceptance through multiple channels (phone, SMS, WhatsApp, email, online form), appointment management, customer reminders, CRM dashboard and reporting tools. The specific scope depends on the chosen pricing plan.

The provider strives to ensure continuous service availability (24/7), but does not guarantee 100% availability. Planned maintenance will be announced in advance when technically possible. SLA guarantees are available only in the Ultra plan.

The provider has the right to modify, update or temporarily suspend service features at any time for technical or security reasons.

4. Pricing and Payments

Current prices are listed on the Prebi website. All prices are quoted excluding VAT unless otherwise stated. Billing occurs monthly or annually, depending on the chosen payment cycle.

Annual payment comes with a 15% discount. Failure to pay invoices within the specified period may lead to suspension or termination of service access.

The provider reserves the right to adjust prices with a 30-day notice period. The customer will be informed by email and will have the option to cancel the service before the new price takes effect.

Pricing and Price Determination: If the price is not explicitly agreed upon, the price will be determined according to the price list published on the website at the time of billing, which is a method of price determination in accordance with the requirement for contract determinability pursuant to Section 269 of Act No. 513/1991 Coll. Commercial Code as amended.

5. Customer Rights and Obligations

The customer undertakes to:

• Use the service in accordance with applicable legal regulations and these ToS.
• Not abuse the service for illegal purposes, spreading harmful content, spam, phishing or other fraudulent activities.
• Secure account access credentials and not transfer them to third parties.
• Not provide sensitive personal data of end customers into the system without their consent.
• Not use the service in a way that could damage the provider's infrastructure or other users.

The customer is responsible for the content of data entered into the system, including data about their end customers and reservations.

6. Provider Rights and Obligations

The provider undertakes to:

• Provide the service in accordance with these ToS and in the chosen pricing plan configuration.
• Protect customer data in accordance with the Privacy Policy and GDPR.
• Inform the customer about planned maintenance or major service changes.
• Provide technical support according to the chosen pricing plan (email/chat support, priority support in Pro plan, SLA and dedicated onboarding in Ultra plan).

The provider has the right to:

• Temporarily suspend or terminate the service in case of ToS violation by the customer.
• Perform system maintenance and updates that may temporarily limit service availability.
• Refuse to provide service to a customer for justified reasons (suspicion of fraud, ToS violation).

7. AI Features, Outputs and Data Ownership

Use of Customer Data for AI: The provider commits that customer data (reservations, contacts, communication) will not be used to train third-party AI models or to improve AI services for other customers without explicit customer consent.

Ownership of AI Outputs: All AI outputs generated within the use of the Prebi service (e.g., automatic responses, call transcripts, reports) are owned by the customer. The provider does not acquire any rights to these outputs.

AI Output Warranties: The provider makes reasonable efforts to ensure AI outputs are accurate and do not violate third-party rights. However, AI technology may occasionally produce incorrect or incomplete outputs. The customer acknowledges this nature of AI and uses outputs at their own risk.

Customer Responsibility: The customer bears responsibility for reviewing and approving critical AI outputs before using them with end customers, especially in regulated industries (healthcare, finance).

8. Personal Data Protection and GDPR

The provider processes customer personal data and their end users in accordance with GDPR and relevant legal regulations. Detailed information about personal data processing can be found in the Privacy Policy.

The provider acts as a data processor for the customer within the meaning of Article 28 GDPR. A Data Processing Agreement (DPA) is available upon request.

The customer as data controller is responsible for ensuring a legal basis for processing personal data of their end customers and for informing data subjects about the processing.

Legal Bases for Processing: Personal data processing is carried out based on the consent of the data subject, performance of a contract, or legitimate interest of the provider or a third party, provided that the rights of the data subject do not prevail. In case of a change in the purpose of processing, compatibility will be assessed according to criteria established in Act No. 18/2018 Coll. on Personal Data Protection and on Amendment and Supplementing of Certain Acts, specifically in Section 13 of this Act.

9. Intellectual Property and License

All intellectual property rights to the software, design, trade names, logos and content of the Prebi service remain the exclusive property of the provider.

The customer obtains a non-exclusive, non-transferable license to use the service during the contract term exclusively for internal business purposes in accordance with these ToS.

The customer is not authorized to:

• Copy, modify or reverse engineer the Prebi service software.
• Provide service access to third parties outside their own operations (sublicensing).
• Use the service to create a competitive product.

10. Liability and Limitation of Liability

The service is provided "as is". The provider makes reasonable efforts to ensure service reliability and security, but does not guarantee error-free operation, continuous availability or absolute accuracy of AI outputs.

The provider is not liable for:

• Indirect damage, loss of profit, data loss or incidental damage arising from use or inability to use the service.
• Damage arising from improper use of the service by the customer or third parties.
• Outages caused by force majeure (internet outages, cyber attacks, natural disasters).
• Actions of third parties (e.g., telecommunications service providers).

The provider's total liability is limited to the amount of fees paid for the service in the 12-month period preceding the damage, unless legal regulations dictate otherwise.

The provider is not liable for content generated by the AI system unless it has violated its obligations under these ToS or applicable legal regulations.

Note on Assignment of Claims: In the event that the provider assigns its claim against the customer (e.g., a claim for unpaid invoices) to a third party (assignee), the assignee is obligated to notify the debtor of the assignment without undue delay, in accordance with Section 526 of Act No. 40/1964 Coll. Civil Code as amended.

11. Support and Complaints

The provider provides technical support via email and chat. The scope and speed of support depends on the chosen pricing plan:

Complaints regarding service quality or billing must be submitted in writing to the support email within 14 days of discovering the problem. The provider commits to process complaints within 30 days.

12. Contract Duration and Termination

The contractual relationship lasts for an indefinite period with monthly or annual billing according to the chosen plan.

Termination by Customer: The customer can terminate the service at any time through the admin interface or by written request to support. With monthly payment, the notice period is 0 days (service terminates at the end of the current billing period). With annual payment, there is no entitlement to prorated refund unless covered by the 30-day guarantee.

Termination by Provider: The provider may terminate the service with a 30-day notice period, or immediately in case of serious ToS violation (e.g., service abuse, non-payment of invoices, fraudulent activity).

After contract termination, the customer will be allowed to export their data in common formats (CSV, JSON) for 30 days. After this period expires, data will be permanently deleted.

13. Integrations and Third-Party Services

The Prebi service offers integrations with third parties (e.g., Google Calendar, Zapier, SMS/WhatsApp/email service providers). These integrations depend on the availability and functionality of third-party services.

The provider is not liable for outages, changes or termination of third-party services. The customer acknowledges that use of these integrations may be subject to separate ToS and prices set by third parties.

14. Regulatory Compliance and Changes in Legal Regulations

The provider commits to comply with applicable legal regulations of the European Union and the Slovak Republic, including regulations concerning AI, personal data protection (GDPR) and telecommunications services.

In case of changes in legal regulations concerning AI or telecommunications, the provider reserves the right to modify the service or these ToS to comply with new requirements. The customer will be informed of such changes with sufficient advance notice.

15. Changes to ToS

The provider reserves the right to modify these ToS at any time. Changes will be published on the website and customers will be informed by email at least 30 days in advance.

By continuing to use the service after the new ToS become effective, the customer expresses consent to the updated terms. If the customer does not agree with the changes, they have the right to terminate the service before the changes take effect.

16. Governing Law and Dispute Resolution

These ToS and all contractual relationships between the provider and customer are governed by the legal order of the Slovak Republic and European Union law.

In case of dispute, the parties will first attempt to reach an out-of-court settlement. If this is not possible, the dispute will be resolved by the competent court at the provider's registered office.

Consumers have the right to turn to the Slovak Trade Inspection or use the EU online dispute resolution platform (EU ODR platform).

17. Final Provisions

If any provision of these ToS is invalid or unenforceable, the remaining provisions remain valid.

These ToS become effective on November 16, 2024.