PONUKAN - Terms & Conditions of Service

Introduction

This Terms & Conditions of Service (the “Terms of Use”) serve as an Agreement (the “Agreement”) describing rights and responsibilities when using https://www.ponukan.com/, an online service (the “Service”, “Platform”, or “PONUKAN”) provided by company blaze IT s.r.o., limited liability company registered in Slovakia with the share capital of 5000EUR, seated at Miletičová 5237/60, 821 08, Bratislava - Ružinov operating at the website https://www.blazeit.sk/.

Present Agreement is a binding contract that the Customer (“you”, or “they”, or “them”) enters into with blaze IT s.r.o. (“Company”, “we”, “us” “our”) as of the date you click the “I accept”, "Sing up", or any similar button when you sign up to use the Service. If you are entering this Agreement to use the Service with your organization’s messaging and collaboration systems, then “Customer” means the organization you represent, and you should submit the organization name during the registration process. Please make sure you have the necessary authority to enter into the Agreement on behalf of such Customer before proceeding. If you did not submit an organization name on the registration page, then “Customer” means you, as an individual. You understand that by entering into this Agreement, you agree to provide us with access to information owned by the entity you are entering into this Agreement on behalf of.

Personal Data - In order to set up a PONUKAN account for use of our Services to display Customer Data, the Customer must provide us with Personal Data such as their email address, name, and password designated for their account which are managed in line with our Privacy Policy.

Personal Data

In order to set up a PONUKAN account for use of our Services to display Customer Data, the Customer must provide us with Personal Data such as their email address, name, and password designated for their account which are managed in line with our Privacy Policy.

Customer Data

As a Customer you may publish and deliver information using PONUKAN to advertise your Business on our Platform, referred to as Customer Data. The Customer Data shall be true and honest, and Customers shall only publish information which they are properly authorised to disclose or offer.

The Customer Data shall be organised as Products which can be displayed as part of Catalogues on pages dedicated to the Customer’s Business on our Platform. The Customer provides information on their Products such as the product’s name, price, or availability. Then, Catalogues of Products may be created by the Customer, providing information on the catalogue's name, date of effect, and which of the Products shall be included in the specific Catalogue. Additionally, the Customer Data consists of any other text, graphic, or hyperlinks leading to 3rd party websites provided by the Customer as information about the Business they aim to advertise on our Platform.

Liability for Contents

The original contents of our pages were created with the greatest care. However, we cannot assume any liability for the correctness, completeness and up-to-dateness of contents published by our Customers. As a service provider, we are responsible for our own content on these pages.

However, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this.

However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.

Liability for Links

Our website contains links to external websites of third parties over whose content we have no influence. Therefore, we cannot assume any liability for these external contents.

The Customer, editor of their respective pages on our Platform, is always responsible for the content of the linked pages. If we become aware of any infringements of the law, we will remove such links immediately.

Copyright

The contents and works on these pages created by the site operators are subject to Slovak copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.

Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the Customer, the copyrights of third parties are respected. In particular, third-party content is marked as such.

Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.

Unauthorized Activities

Please understand that the use of these Services is strictly authorized only for Permitted Purposes. Any usage of these Services for purposes other than those explicitly permitted is strictly prohibited and constitutes unauthorized use. Unauthorized use may lead to violations of various copyright laws in Slovakia, Europe, and internationally.

Consequences may include the deletion of your PONUKAN account or a suspension from using the Services. Without written permission from us indicating otherwise, you are not permitted to employ these Services in any of the following manners.

You may not use the Services for:

• Developing a competing product, reselling, or brokering the Services to third parties.
• Altering, publicly displaying, publicly performing, reproducing, or distributing any of the Services.
• Engaging in activities that contravene any relevant laws or the Terms outlined in this Agreement, including but not limited to any actions that are illegal in the jurisdiction where the Customer is situated.

Payment Terms

Customers will pay to blaze IT s.r.o. through Stripe, namely one of its entities Stripe Technology Europe, Limited (the e-money licensed entity with the Central Bank of Ireland), our Payment Processor, without offset or deduction, all fees due under this Agreement for the paid subscription. All transactions under this Agreement shall respect the rules and conditions set by the Payment Processor.

Subscription Packages

PONUKAN Platform offers Customers three types of subscription plans - the Free Plan, the Basic Plan, and the Pro Plan.

The Free Plan is free of charge, however the functionality is limited to merely creation of the main page of your Business on our Platform (including providing name and location of your Business) without the possibility to create and publish Products and Catalogues respectively.

The Basic Plan costs 9EUR per month or 84EUR annually. The Basic Plan includes access to additional basic features of PONUKAN Platform and the possibility to create and publish up to 20 Products in total, organised in a maximum of 4 Catalogues.

The Pro Plan is priced at 99EUR or 828EUR annually. The Pro Plan includes all of the advanced features our Platform has to offer with the possibility to create and publish an unlimited amount of Products and Catalogues by the Customer.

Termination

Either party may immediately terminate this Agreement if the other party materially breaches this Agreement and does not cure such breach within thirty (30) days’ (ten (10) days in the event of non-payment) of receipt of written notice of such breach. We may terminate this Agreement at any time and for any reason upon thirty (30) days prior written notice which may be sent by email to Customers.

Effect of Termination

Upon any termination of this Agreement, Customer will cease all use of the Service. If requested, we will delete your PONUKAN account and this means we will stop displaying your Customer Data (other than Customer Data that has been transmitted to other users and/or made public), but you understand and agree that it may not be possible to completely delete that content from our records, and that your Customer Data may remain viewable elsewhere to the extent that it was copied or stored by other users. In addition, Customer Data that is sent to other users may be retained by the recipient users.

Inactive free accounts

For system's stability and security of data in case of a data breach, accounts on the Free Plan that haven't registered any login activities in the past 2 months, will be suspended and then deleted after 1 month.

Customer Feedback

From time to time, Customer may provide us with suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Service (“Feedback”). Customer understands and agrees that Feedback is not considered Customer’s Confidential Information and our receipt of Feedback will not impose any confidentiality obligations on us. Customers agree that we are free to use, disclose, reproduce, license or otherwise distribute and exploit any Feedback as we see fit, entirely without obligation or restriction of any kind.

Data Security

The security of Customer Data is important to us. As such, we agree to maintain appropriate security measures to safeguard the security of Customer Data. We also agree to maintain an information security and risk management program to preserve the confidentiality, integrity and accessibility of Customer Data with administrative, technical and physical measures conforming to generally recognized industry standards applicable in the EU.

Warranty and Warranty Disclaimer

THE SERVICE AND THE SOFTWARE IS PROVIDED “AS IS;” AND COMPANY MAKES NO WARRANTIES FOR THE SOFTWARE OR SERVICE, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE, SOFTWARE OR DOCUMENTATION WILL MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE SERVICE IS NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE.

Indemnification

You are solely responsible for any breach of these Terms on your part. By agreeing to these terms, you agree to indemnify and protect PONUKAN, its parent companies, subsidiaries, affiliates, officers, agents, employees, resellers, other partners, and licensors from any claims, demands, losses, or damages, including reasonable attorneys’ fees (referred to as “Losses”). These Losses may arise from third-party claims, lawsuits, actions, or proceedings (referred to as “Third-Party Claims”) asserting that the Customer Data or its use in accordance with this Agreement infringes upon or misappropriates the intellectual property rights of a third party or violates any applicable laws or regulations. This indemnification also extends to Third-Party Claims based on your or any Authorized Users’ (i) negligence or willful misconduct; (ii) unauthorized use of the Services as per this Agreement; (iii) use of the Services in conjunction with data, software, hardware, equipment, or technology not provided by PONUKAN or authorized by PONUKAN in writing; or (iv) modifications to the Services not made by PONUKAN. It’s important to note that you may not settle any Third-Party Claim against PONUKAN without blaze IT’s consent. Additionally, blaze IT retains the right to defend itself against any such Third-Party Claim or participate in the defense through its own chosen legal counsel.

Limitation of Liability

BLAZE IT S.R.O. WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR YOUR ACTIONS INVOLVING THE DISPLAY, COPYING, OR DOWNLOADING OF DOCUMENTATION FROM THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL BLAZE IT S.R.O. BE LIABLE UNDER THIS AGREEMENT, REGARDLESS OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERS, FOR ANY OF THE FOLLOWING: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) ADDITIONAL COSTS, DIMINISHED VALUE, LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COSTS ASSOCIATED WITH REPLACEMENT GOODS OR SERVICES. These limitations apply irrespective of whether blaze IT s.r.o. was informed about the possibility of such losses or damages, or whether they were otherwise foreseeable. UNDER NO CIRCUMSTANCES SHALL BLAZE IT S.R.O. TOTAL LIABILITY OR BLAZE IT S.R.O. INDEMNIFICATION OBLIGATIONS ARISING FROM OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERS, EXCEED THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU TO BLAZE IT S.R.O. IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE ACTION GIVING RISE TO LIABILITY, OR (II) 100.00EUR. THIS LIMITATION OF LIABILITY IS AN INTEGRAL PART OF THE AGREEMENT BETWEEN YOU AND BLAZE IT S.R.O. AND APPLIES TO ALL LIABILITY CLAIMS, EVEN IF BLAZE IT S.R.O. WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES FAIL TO ACHIEVE THEIR INTENDED PURPOSE.

General Terms

A delay by either party in the performance of its obligations under the Agreement will not be deemed a default of the Agreement to the extent that the delay is attributable to a Force Majeure Event and could not have been prevented by the non-performing party taking reasonable precautions. For the purposes of this Agreement, “Force Majeure Event” means an act of war or terrorism, a riot, civil disorder, or rebellion, a fire, flood, earthquake, or similar act of God or a strike, lockout, or similar labor dispute, or electrical, internet or telecommunications outage that is beyond the reasonable control of the affected party.

This Agreement will be governed by and construed under the laws of the Slovak Republic without giving effect to any choice or conflict of law principle (whether of the Slovak Republic or any other jurisdiction). Any legal claim, suit, action, or proceeding arising out of this Agreement (including its breach) will be instituted exclusively in the courts of Slovakia. Each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection based on improper venue or forum non-conveniens.

The failure of either party to enforce any right or provision in the Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be illegal, unenforceable, or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable, but will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Except where otherwise stated in this Agreement, notices to be given or submitted by either party to other pursuant to this Agreement will be in writing and will be deemed to have been given (i) when delivered by hand (with written confirmation of receipt), or (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested) or by certified or registered mail, return receipt requested, postage prepaid.

Customer agrees that we may use the name or logo of Customer to reference Customer as a customer of ours either on our promotional materials or website and grants us a license to do the same.

This Agreement constitutes the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.

This Agreement may be executed in two or more languages, each of which will constitute the same instrument, however the English version is deemed to be legally binding while interpreting the Agreement during dispute resolution.

We reserve the right to alter the terms of this Agreement at any time. If the alterations constitute a material change to the Agreement, we will notify the Customer via email or by notifying the Customer through the Service. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment but will only include those changes that materially affect Customer’s use of the Services or Customer’s rights under this Agreement. Notice will be considered to have been delivered once sent. Any use of the Services after an alteration of the Agreement will constitute acceptance by the Customer of such changes. If Customer disagrees with the altered agreement, Customer must immediately cease using and accessing the Service and contact us.