Terms and Conditions
Last updated 1.1.2025
These Terms of Service ("Terms of Service") govern your access to and use of the website at
marketingminer.com ("Website") and the Marketing Miner platform, software, services and documentation
provided via the Website and/or a dedicated application ("Platform").
By registering for or using the Platform, you signify that you have read, fully understand, and agree to be
legally bound by these Terms of Service and to comply with all applicable laws and regulations as they may
change from time to time.
1. Introductory provisions
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1.1 PARTIES. These Terms of Service constitute a binding, contractual legal agreement
between you ("you") and the company Marketing Miner s.r.o., reg. ID 062 78 990, tax ID:
CZ06278990, registered office Chelčického 95/15, 370 01 České Budějovice, Czech Republic,
registered in the Commercial Register maintained by the County Court in České Budějovice, file
no. C 29550 ("we").
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1.2 LEGAL REPRESENTATION. If you are entering into a legal agreement with us on behalf of
a company, business, or other legal entity, you represent and warrant that you have all proper
authorizations needed to bind that legal entity to these Terms of Service and enter into the
agreement with us.
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1.3 OTHER TERMS. Supplemental terms and conditions or documents that may be posted on the
Website and/or within the Platform are hereby expressly incorporated herein by reference.
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1.4 BUSINESS ONLY.The parties acknowledge that services provided under these Terms and
Services are not intended for consumers, but only for persons and companies who will use it
exclusively in the course of their business.
2. Scope of service, conclusion of Agreement
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2.1 MARKETING TOOLS. The only scope of the services under these Terms of Service and the
main purpose of the Platform is to provide you with access to various marketing tools, that
allow you to create reports, use various profilers and set up projects ("Tools") -
detailed description of the Tools and their functions are available from the Platform. Tools
provided through Platform may vary over time. Services are provided after entering information
requested by the Tool and confirming the process by pressing respective button. You'll always be
properly informed, when you are about to use requested Tool.
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2.2 ACCURACY OF THE RESULTS. You acknowledge that any information resulting from using
the
respective Tool is provided through automated process. The accuracy and appropriateness of the
results may vary, depending on the type and quality of information you provide to us. You
acknowledge that information provided through the Tools are not anyhow verified by us. The Tools
serve as a basis for your further decision-making and any received information should always be
assessed afterwards. You expressly acknowledge, that results are directly influenced by the
information you provide. If you provide inaccurate, misleading or erroneous information, the
accuracy of the results will be directly affected.
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2.3 CONCLUSION OF THE AGREEMENT. We will make the Platform available to you under the
agreement, of which these Terms of Service are an integral part ("Agreement"). The
Agreement is concluded as follows:
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2.3.1 ORDER. You may select the Usage Plan (as defined below) that suits your
needs through the Website. You are then required to fill in the true, current and
complete information requested in the order form.
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2.3.2 ORDER CONFIRMATION. Once you have submitted your order, we will confirm it
by sending you an order confirmation to the contact email provided in the order form,
together with your access details to the Platform, if applicable. We reserve the right
not to confirm the order (in particular if you have previously breached the Terms of
Service or the law when using the Platform).
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2.3.3 CONCLUSION OF THE AGREEMENT. As soon as we confirm your order, we will
enter into the Agreement. As soon as the Subscription Fee (as defined below) is paid, we
will make the Platform available to you.
3. Registration and Use
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3.1 USER ACCOUNT. To use the Platform, you must register and create a user account and
provide us with your personal data ("User Account").
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3.2 SECURITY OF THE ACCOUNT. It is your responsibility to keep your User Account, and
any password provided to or created by you confidential and secure, and you are responsible for
all use of the User Account and the password. In the event that your User Account is used
without your consent or that you discover any other breach of security, you agree to promptly
notify us. We are not responsible for your failure to comply with this clause, or for any delay
in shutting down your User Account after you have reported a breach of security to us.
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3.3 ACCURACY OF THE INFORMATION. By using the Platform, you hereby agree that all
registration information you submit will be true, accurate, current, and complete, and that you
will maintain the accuracy of such information and promptly update such information as
necessary. If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend your User Account, terminate the Agreement under these
Terms of Service, delete your User Account and terminate your use of the Platform as well as
refuse any and all current or future use of the Platform.
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3.4 MULTIPLE ACCESSES. If applicable under the selected Usage Plan (as defined
below), you may be allowed to create multiple accesses to the Platform. You are allowed to
provide such access only to your employees, partners, providers, contractors etc., for the sole
purpose of using the Platform on your behalf. You are not allowed to provide such access for any
kind of remuneration.
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3.5 USER BACKUP, DELETION OF REPORTS. You acknowledge that the Platform does not
serve as a data backup tool and therefore that you are responsible for regularly backing up any
content from the Platform. Also, if the Agreement under these Terms of Service is terminated, we
are not obliged to provide you with any data stored in the Platform. You expressly acknowledge,
that "Reports" are stored for the limited period - 1.5 years after their creation. In case you
do not want to lose the data from the Report, it is necessary to create a backup of this data in
time.
4. Usage Plans, Subscription
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4.1 USAGE PLANS. To use the Platform, you must choose one of the usage plans, described
on the Platform ("Usage Plan"). If you decide to use one of our paid Usage Plans, then,
in accordance with the Usage Plan you select, we'll provide you access to the Platform on a
subscription basis, through regular subscription payments. The recurring Fee
("Subscription Fee") is always paid for a specific period of time
("Subscription Period"), unless the respective Usage Plan is provided to you for free.
Different usage limitations, conditions, and restrictions may apply depending on the Usage Plan
you select.
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4.2 LIMITED TOOLS. Some Tools may have a maximum number of times they can be used within
a specific Usage Plan. If you activate the Tool and it provides the expected output, you lose
one number of uses.
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4.3 SUBSCRIPTION FEE AND ITS CHANGES. The Subscription Fee and Subscription Period for
each Usage Plan is listed on the Website. We reserve the right to change the Subscription Fee of
any Usage Plans, its features and/or items provided within the Platform at any time and for any
or no reason prior to the transaction. The change in Subscription Fees has no effect on Usage
Plans already paid for.
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4.4 RENEWAL OF THE USAGE PLAN. Paid Usage Plans are billed periodically until you cancel
your subscription. We will provide you with notice of the renewal. If you cancel your Usage Plan
rather than renew, the cancellation will be effective the day after the end of your current
Usage Plan term.
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4.5 CANCELATION. You may cancel your recurring Usage Plan by completing the cancellation
process within the Platform. We will not provide refunds for any unused subscription periods for
Usage Plans unless stated otherwise within these Terms of Service. Following the termination or
cancellation of your subscription, you will continue to have access to the Platform through the
end of your current Usage Plan period, at which point your subscription will automatically
switch to free Usage Plan (if available).
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4.6 CHANGE OF THE USAGE PLAN. You may change your Usage Plan at any time during the
Subscription Period:
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4.6.1 In the event that you change to a higher Usage Plan, the current Usage Plan will
be terminated, and the new Subscription Period will begin. The Subscription Fee for the
unused remainder of the Subscription Period will be credited against the Subscription
Fee for the new Usage Plan.
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4.6.2 In the event that you choose a lower Usage Plan, such change will only take effect
from the end of the current Subscription Period.
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4.7 PAYMENT METHODS. While choosing a paid Usage Plan, you will have to choose a payment
method that will be used for the payment of Subscription Fees. You acknowledge that payment
processing is performed by third parties and may be subject to special terms of service.
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4.8 PAYMENTS OF THE FEES. The Subscription Fees will be charged to you periodically in
accordance with the chosen Usage Plan. You will be charged with the Subscription Fees at the
beginning of the relevant Subscription Period. The applicable taxes might depend upon your
location.
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4.9 NO REFUNDS. All Subscription Fees are non-refundable, except in accordance with these
Terms of Service and as required under applicable law.
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4.10 FAILURE OF PAYMENT PROCESSING. If the payment of the Subscription Fee fails to be
processed, you will receive an email with a warning as to this fact with information that such
payment shall be attempted to be processed again. You hereby acknowledge that if such a payment
fails to be processed during this subsequent period of time, we are entitled to suspend your
User Account, and you will no longer be able to access and use the Platform until the respective
Subscription Fee is paid.
5. Credits
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5.1 CREDITS. Under each Usage Plan, you are provided with a certain number of credits
("Credits"). We will charge you Credits for the use of certain Tools - we will always
inform you of this in advance.
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5.2 NUMBER OF CREDITS AVAILABLE. Information on how many Credits you'll be awarded under
respective Usage Plan and an overview of the number of remaining Credits you have available
until the end of the Subscription Period is always available from your User Account. Unused
Credits within the Subscription Period can't be neither carried over to the next Subscription
period nor refunded.
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5.3 EXPIRATION DATE. Credits bought within our Platform may have an expiration date. Upon
expiration, Credits will expire without refund. Information about the expiration of Credits is
always available within the Platform. We will do our best to notify you of the impending expiry
of Credits, but any failure to do so will not affect the expiry itself.
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5.4 FREE CREDITS. In our sole discretion, we may decide to provide you with free Credits
("FreeCredits"). You acknowledge that special terms and conditions may apply in relation
to such Free Credits - these terms and conditions will always be available on the Platform.
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5.5 TRANSFER OF CREDITS. You are not entitled to transfer any Credits you purchase to any
other person or entity, use such Credits for the benefit of any other person or entity or deal
with the Credits or any rights or interest in the Credits in any way, except as explicitly
provided for in these Terms of Service.
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5.6 CANCELLATION OF CREDITS. We reserve the right at any time without notice to cancel
any Credits previously acquired by you, if you are in breach of any of your obligations under
these Terms of Service. In addition, in the event of the cancellation of your User Account any
unused Credits you currently hold will automatically be deemed to also be cancelled. To the
greatest extent permitted by law, we will have no further liability to you with regard to any
cancelled Credits including with respect to any obligation to refund to you the purchase price
paid for such Credits.
6. Service Level Agreement
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6.1 AVAILABILITY. When providing the Platform, we aim to make it as available as possible
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Therefore, unless otherwise specified for a particular Usage Plan, we do not guarantee any
particular availability of the Platform.
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6.2 EXCEPTIONS FROM SLA. We cannot guarantee you any service level and/or maintenance
duties:
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6.2.1 INCOMPATIBILITY. if the problem has been caused by using equipment,
software or service(s) that are not supported, recommended, allowed and/or are
specifically prohibited under these Terms of Service;
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6.2.2 UNAUTHORISED USE. if the problem has been caused by using the Platform in a
way that is not recommended, allowed and/or is specifically prohibited under these Terms
of Service;
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6.2.3 THIRD PARTY CAUSES. to any issues caused by you, third parties, third party
software or other circumstances arising independently of our will, such as for e.g.
insufficient or no internet connection; infection of your information system by computer
viruses or other malicious software, or another similar attack not caused by us;
obstacles caused as a result of a strike by your employees, i.e. as a result of a
partial or complete interruption of work by the employees; targeted cyber attack, force
majeure (e.g. floods, war, acts of god, civil unrest, epidemy, etc.); accidents;
failures of public telecommunications networks etc.;
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6.2.4 OUTTAGES. if the issue has been caused by an outage, availability or
functionality issue caused by the provider of services necessary for operating the
Platform and/or any of its components by us without our fault, e.g., the provider of
hosting services;
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6.2.5 BREACH OF TOS. if you are in breach of these Terms of Service for any
reason (e.g., late payment of fees, improper use, etc.).
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6.3 EVENTS OUTSIDE OUR CONTROL. You acknowledge that events may occur outside our control
that affects the availability and functionality of the Platform that may cause us to be unable
to provide you with customer support and service level of the Platform in compliance with these
Terms of Service and the respective Usage Plan. We shall not be liable for any damage incurred
by you in connection with such events and is not in default with the fulfilment of its
obligations under these Terms of Service during such events.
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6.4 PLANNED OUTAGES. As part of the operation of the Platform, we may perform scheduled
downtime of the server and equipment on which the Platform is operated and provided, upon prior
notice to you by email. Such downtime will not be counted as an outage for the purposes of
assessing availability.
7. Permission to Use the Platform
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7.1 SOFTWARE AS A SERVICE. The Platform, software and services provided therein are
operated and provided in the form of "SaaS" (Software as a Service), i.e. you do not own or
purchase the software itself. Access to the Platform and data processed within Platform is
provided exclusively through the User Account protected by name and password.
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7.2 OWNERSHIP OF THE PLATFORM. For avoidance of all doubt, The Platform is our property
and we retain all rights, title and interest in and to the Platform, including any intellectual
property rights regarding trademarks, service marks and trade secrets, as well as any rights in
copyrighted or patented materials provided to you as part of the Platform.
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7.3 LIMITED LICENSE TO THE PLATFORM. In the event that any binding authority conclude
that a license is required to provide services through the Platform, then we grant you a
revocable, nonexclusive, non-transferable, non-assignable, territorially unlimited and time
limited license to use the Platform to limited number of users, solely for its intended purpose
of using the Tools for designated purpose, solely as permitted under these Terms of Service
("Limited License") and in accordance with chosen Usage Plan. This Limited License does
not include any rights not specifically enumerated herein, and, for greater certainty, does not
include permission or a license to redistribute, reproduce or republish (including communication
to the public via the Internet), access, copy, in any form, neither the Platform nor any of its
content, programming, code or databases associated therewith. You are not permitted to
sub-license the Limited License.
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7.4 RIGHTS TO THE DATABASE. Any databases available within the Platform are further
protected by our special right of the database acquirer.
8. User Conduct, Representations, Restrictions
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8.1 PROHIBITED BEHAVIOUR. You may not access or use the Platform for any purpose other
than that
for which we make the Platform available. You agree not to and shall not, and will not permit
others to:
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8.1.1 use the Platform or any component of the Platform, in whole or in part, except as
expressly provided in these Terms of Service;
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8.1.2 decompile, reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the Platform;
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8.1.3 circumvent, bypass, disable, or otherwise interfere with security-related features
of the Platform;
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8.1.4 rent, lease, sublicense, loan, resell or distribute the Platform and/or the access
to the Platform, or any part thereof;
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8.1.5 allow or otherwise enable access to the Platform or your User Account in the
Platform to third parties without proper authorization or appropriate licensing.
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8.2 MONITORING OF ILLEGAL ACTIVITIES. We reserve the right, but not the obligation, to
monitor the Platform for violations of these Terms of Service, and to take appropriate legal
action against anyone who, in its sole and absolute discretion, violates the law or these Terms
of Service, including without limitation, reporting such a user to law enforcement authorities.
9. Our Modifications to the Platform
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9.1 MODIFICATIONS TO THE PLATFORM. We reserve the right, with prior notice, to change,
modify, or remove the contents of the Platform, suspend, or discontinue, temporarily or
permanently, the Platform or any part thereof or any service to which it connects at any time or
for any or no reason, including to enhance the Platform functionality or stability or to address
potential safety or security concerns, at its sole and absolute discretion. We will not be
liable to you or any third party for any modification, suspension, or discontinuance of the
Platform.
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9.2 APPLICIABILITY OF TERMS AND CONDITIONS. If the Platform is updated, upgraded or
modified, whether to enhance or correct features or functionality, then these Terms of Service
will apply to the updates, upgrades and modifications in addition to any other terms that are
presented to you in connection with the update, upgrade or modification and such updates and
upgrades shall be deemed to constitute part of the Platform and shall be subject to all terms
and provisions set forth in these Terms of Service, including, without limitation, terms and
provisions related to licenses, use restrictions, ownership and distribution of the Platform.
10. Third-Party Websites and Content
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10.1 THIRD PARTY CONTENT. The Platform may contain advertisements and links to other
websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content
or items belonging to or originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Platform or any Third-Party Content posted on, available through,
or installed from the Platform. If you decide to leave the Website and/or the Platform and
access the Third-Party Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware these Terms of Service no longer govern such access.
11. Warranty, Liability limitation
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11.1 SCOPE OF LIABILITY. If the we do not perform substantially in accordance with these
Terms and Conditions, our entire and exclusive liability and your sole and exclusive remedy, in
respect of such warranty will be limited to, at the our option, to either: (i) repair of the
Platform; or (ii) terminate this Agreement and refund you for unexpired Subscription Period you
have paid for (considering the amount of Credits left unused). This warranty applies only to the
Platform, as originally delivered.
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11.2 WARRANTY EXCLUSION. You hereby acknowledge, that the Platform and any related
service or documentation is provided and licensed "as is" to the fullest extent permitted by
law, and we hereby disclaim all other conditions, indemnities, guarantees, representations and
warranties, express or implied, arising from law, custom, prior oral or written statements or
otherwise with respect to the platform and/or any of its components and any related service or
documentation, including without limitation the implied warranties of merchantability, fitness
for a particular purpose satisfactory quality, and non-infringement of any law or regulation.
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11.3 SCOPE OF SUPPORT. Except as stated in par. 6.1 and
11.1 of these Terms of Service, we have no obligation to provide
any support for the Platform, and/or any of its components, or to continue providing, updating
or correcting any defects or errors of the Platform, regardless of whether you inform the
company of such defects or errors or the company otherwise is, or becomes aware of, such defects
or errors, to the fullest extent permitted by the law. By way of example and not in limitation,
we do not warrant that: a) use of the Platform or any part thereof will be uninterrupted or
error free; b) all defects in the Platform will be corrected.
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11.4 LIABILITY EXCLUSION. To the maximum extent permitted by the law, you agree that
under no circumstances we shall be liable to you, or any other person or entity claiming through
you, for any inconvenience, direct or indirect damages, including any loss of profits or other
damages ("losses"), whether arising out of this Agreement, statute or otherwise arising
out of or in connection with those, causing your inability to access or use the Platform during
any downtime, outage or discontinuance of the Platform, whether or not the damages are
foreseeable and whether or not we were advised of the possibility of such damages. In such a
case nothing in these Terms of Service will be construed to obligate us to maintain and support
of the platform or to supply any corrections, updates, or releases in connection therewith.
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11.5 EXAMPLES OF LIABILITY EXEMPTIONS. For the avoidance of doubt, according to the
abovementioned paragraphs, we will assume no liability or responsibility for especially, but not
limited to:
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11.5.1 any errors, mistakes, or inaccuracies of the Platform;
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11.5.2 quality, availability and scope of any services provided free of charge;
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11.5.3 property damage, of any nature whatsoever, resulting from your access to and use
of the Platform and/or any of its components;
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11.5.4 any unauthorized access to or use of our secure servers and/or any and all
personal information and/or financial information stored therein;
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11.5.5 any behaviour of individual users or their way of using the Platform, especially
one that is not in accordance with these Terms of Service or the law, nor for damages
and damage thus caused;
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11.5.6 any interruption or cessation of transmission to or from the Platform;
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11.5.7 services provided by other entities, their quality, quantity or any consequences,
or for the rights and obligations associated with these services, accessories, etc.;
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11.5.8 any bugs, viruses, trojan horses, or the like which may be transmitted to or
through the Platform and/or any of its components by any third party;
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11.5.9 any payments, transactions or transfers that you make, and/or with the help of
which the respective payment for the Usage Plan is made. The operators of these payment
companies are responsible for these (transactional) services and portals; and/or
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11.5.10 any impossibility of using the Platform and/or any of its components if you do
not own suitable and sufficient software or hardware equipment.
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11.6 NON-EXCLUDABLE LIABILITY. The liability limitation shall however not apply to, or
take into account, damages resulting from the gross negligence, bad faith or the wilful or
intentional misconduct.
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11.7 LIABILITY CAP. Our total cumulative liability for Losses suffered or caused due to
or in connection with any Agreement concluded under these Terms of Service or the use or
performance of the Platform or the services related thereto, shall in any case not exceed the
amount of all Subscription Fees actually paid or due to be paid by you.
12. Indemnification
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12.1 RIGHT TO INDEMNIFY. You hereby agree to defend, indemnify, and hold us and our
agents, employees, officers, directors, successors, and assignors ("Released Parties")
harmless from and against any loss, damage, liability, claim, demand, or expense, including
reasonable attorneys' fees and expenses, asserted by any third party or an entity due to or
arising out of:
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12.1.1 your use of the Platform;
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12.1.2 your breach of these Terms of Service;
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12.1.3 any breach of your representations and warranties set forth in these Terms of
Service;
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12.1.4 your violation of the rights of a third party, including, without limitation, all
claims based on publicity rights, defamation, invasion of privacy, copyright
infringement, trade-mark infringement or any other cause of action whatsoever; and/or
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12.1.5 any other harmful act toward any other user of the Platform.
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12.2 OBLIGATION TO COOPERATE. Notwithstanding the foregoing, we, to the extent
permissible by law, reserve the right, at your expense, to assume the exclusive defence and
control of any matter for which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defence of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
13. Termination
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13.1 WAYS OF TERMINATION. These Terms of Service and the Agreement concluded hereunder
shall remain in effect until terminated by:
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13.1.1 withdrawal;
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13.1.2 notice;
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13.1.3 cancelling the Usage Plan, deleting the User Account and ceasing to use the
Platform by you;
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13.1.4 termination of the legal entity (your or our) with liquidation;
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13.1.5 termination via our mutual agreement.
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13.2 EXCLUSION OF OTHER MEANS OF TERMINATION. We both hereby expressly exclude any other
means of termination of the Agreement concluded hereunder stipulated by legal regulations than
those agreed in these Terms of Service to the fullest extent permissible by law. We both further
expressly exclude the application of § 2370 of the act. no. 89/2012 Coll., Civil Code, as
amended ("CC").
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13.3 TERMINATION BY YOU. You may terminate the Agreement under these Terms of Service at
any time and for any or no reason. Termination of this Agreement is achieved by cancelling the
selected Usage Plan and deleting User Account. See Section 4.4 of these Terms
of Services for more information on cancelling subscriptions.
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13.4 TERMINATION BY US. We may terminate the Agreement under these Terms of Service at
any time and for any or no reason with a notice sent to you in a form of a written notice,
including an e-mail, a notification or a message sent via the Platform, with a notice period of
one month which commences immediately after the notice is delivered to you, provided that the
Agreement concluded hereunder is not terminated by other means of termination or cancellation
herein prior to the end of the notice period. In such a case of termination, you are entitled to
obtain a refund in the amount corresponding to unused part of the Subscription Period and/or the
Credits, if applicable.
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13.5 WITHDRAWAL. Withdrawal from the Agreement under these Terms of Service is permitted
in these cases:
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13.5.1 FREE SERVICES. We both may withdraw from the Agreement under these Terms
of Service any time, if you use free Usage Plan. Upon such termination any access
granted to the Platform and/or any of its components and the services provided is deemed
to be revoked and you are no longer entitled to use any of the functions of the Platform
and/or any of its components and/or any part thereof as well as the User Account. For
the avoidance of any doubt, you are not entitled to any kind of refund or compensation
in connection with such termination.
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13.5.2 VIOLATION OF TERMS. We both may withdraw from the Agreement under these
Terms of Service should any of us fail to comply with or violate any of the terms set
forth in these Terms of Service. In such an event the Agreement under these Terms of
Service and the rights provided to you hereunder shall terminate immediately upon
receiving a written notice, including an e-mail, a notification or a message sent via
the Platform to the other party specifying the reasons for the withdrawal. Upon such
termination any access granted to you to use the Platform and/or any of its components
and the services provided is deemed to be revoked and you are no longer entitled to use
any of the Platform and/or any of its components and/or any part thereof as well as the
User Account. If the Agreement is terminated due to our breach of these Terms of
Service, then you are entitled to obtain a refund in the amount corresponding to unused
part of the Subscription Period and/or the Credits. If the Terms of Service, the
Agreement or any other written agreement has been breached by you, you are not entitled
to any refund.
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13.6 REJECTION OF AMENDMENDS. The Agreement under these Terms of Service may also be
terminated based on your rejection of amendments to the Terms of Service as per par.
18.4. of these Terms of Service. You are entitled to obtain a refund in the
amount corresponding to the proportionate amount paid for the relevant Usage Plan remaining as
of the day of such termination.
14. Jurisdiction and governing law
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14.1 JURISDICTION. This Agreement will be governed by and construed and interpreted in
accordance with the law of the Czech Republic.
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14.2 GOVERNING LAW. We both hereby expressly agree that in the event of any dispute
arising from the Agreement under these Terms of Service the courts of the Czech Republic shall
be the courts competent to resolve such a dispute, specifically our general court.
15. Severability
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15.1 O WAIVER. No failure to exercise, and no delay in exercising, on the part of either
party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor
will any single or partial exercise of any right or power hereunder preclude further exercise of
any other right hereunder.
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15.2 SEVERABILITY. If any provision of these Terms of Service shall be determined to be
unlawful, void, or unenforceable, or invalid, that provision or part of the provision is deemed
severable and shall be limited or eliminated to the minimum extent necessary so that these Terms
of Service shall otherwise remain in full force and effect and enforceable. Such provision may
be changed and interpreted to accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue in full force and
effect.
16. Electronic Communications, Transactions and Signatures
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16.1 ELECTRONIC COMUNICATIONS. Using the Platform, sending emails, and completing online
forms constitute electronic communications. You agree to receive electronic communications, and
agrees that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email, on the Website and/or within the Platform, satisfy any legal
requirement that such communication be in writing. You hereby agree to the use of electronic
signatures, contracts, orders, and other records, and to electronic delivery of notices,
policies, and records of transactions initiated or completed by us, via the Website and/or the
Platform.
17. Personal data
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17.1 PROTECTION OF PERSONAL DATA. We care about personal data privacy and security and is
aware of the fact that during the course of its operation we process information considered
personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council
of 27 April 2016 on the protection of natural persons with regard to the processing of personal
data and on the free movement of such data, and repealing Directive 95/46/EC (General Data
Protection Regulation) ("GDPR"), and is aware of the importance of protecting such data
and complying with all legal and ethical rules relating to its processing.
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17.2 PRIVACY POLICY. You are required to review our Privacy Policy
https://www.marketingminer.com/en/privacy-policy
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17.3 DATA PROCESSING AGREMEENT. When providing you our services upon our request, it is
possible that we'll be instructed to process personal data on your behalf in accordance with
your instructions. In order to process such personal data on your behalf, we hereby conclude a
data processing agreement. Content of such data processing agreement is available from
https://www.marketingminer.com/en/data-processing-agreement
18. Miscellaneous
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18.1 SUCCESSION AND NON-TRANSFERABILITY. The Agreement under these Terms of Service is
binding upon you and your respective heirs, executors, beneficiaries, successors and assignors
and you may not assign the Agreement under these Terms of Service to any other party without our
prior express written consent, which may be withheld in our sole and absolute discretion. We may
assign any or all of its rights and obligations to any third party at any time.
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18.2 RIGHTS TO SUBMISSIONS. You acknowledge and agrees that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Platform ("Submissions")
provided by you are non-confidential and shall become our sole property. We shall own exclusive
rights, including an unlimited license to all intellectual property, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial
or otherwise, without acknowledgment or compensation to you. You hereby grant us an exclusive
and unlimited license to any such Submissions and waives the right to any kind of remuneration,
and you hereby warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
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18.3 EXCLUSIVITY. These Terms of Service constitute the entire agreement and exclusive
statement of the mutual understanding between us at the time of its acceptance by you and
supersede and cancel all previous written and oral agreements and communications, relating to
the subject matter of these Terms of Service.
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18.4 CHANGES. We both agree that we may change these Terms of Service to the appropriate
extent and at the same time agree that you shall be notified of any change of these Terms of
Service by means of an email and/or notification displayed to you on the Platform. In such case
you are responsible for reviewing any new changes to these Terms of Service. You have the right
to reject the amendments to these Terms of Service with a written notice to you including an
e-mail, a notification or a message sent via the Platform, resulting in a termination of the
Agreement. You will be deemed to have been made aware of and to have accepted the changes in any
revised terms of these Terms of Service by your continued use of the Platform after the date
when such revised Terms of Service are posted, and you have been notified thereof. In the event
that a new Agreement is concluded under the Terms of Service including any further changes,
amendments or modifications, the newly concluded Agreement shall be governed by the Terms of
Service in force as of the date of conclusion of such an Agreement.
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18.5 EXCLUSION OF SOME PROVISIONS. We both hereby expressly exclude the application of
the provisions of § 557, 1798, 1799, 1800 of CC.