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Terms and conditions

Last Updated: June 5, 2024

Introduction

  • These terms and conditions (hereinafter referred to as the "Terms") of Dogfish s.r.o., with its registered office at: Czech Republic, Jablonec nad Nisou, Komenského 939/21A, Postal Code: 46601, Company ID: 11897953, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem under file no. C 47753 (hereinafter referred to as the "Company"), govern the use of the "Chillisign" service (hereinafter referred to as the "Service").
  • The Service is available on the domain https://www.chillisign.io/ (hereinafter referred to as the "Web").
  • The Service is primarily intended for legal entities (hereinafter referred to as the "Customer") who can manage email signatures (footers) for their employees, collaborators, or business partners (hereinafter referred to as the "End User") through the Service. However, the Customer can also be an individual.
  • By registering for the Service, accessing it, and using it, the Customer confirms that they have read these Terms and agree to them. If the Customer is an individual, they confirm that they are over 18 years old and legally capable of entering into a binding contract in the form of these Terms. If the Customer is a legal entity, the individual registering confirms that they are authorized to act validly on behalf of the legal entity and that the legal entity is authorized to enter into a binding contract in the form of these Terms.
  • All information regarding the processing of personal data of Customers and End Users can be found in the Privacy Policy available on the Website under the "Cookies" section.
  • For the purposes of providing the Service, the Company will process personal data for the Customer in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (hereinafter referred to as "GDPR"). Therefore, the parties agree to processing obligations in accordance with the requirements set out in Article 28 of the GDPR, which form Annex No. 1 to these Terms.

Description of the Service

  • The Service allows Customers to create and manage email signatures (footers) and implement them into the email client en masse.
  • The Service offers a database of templates and designs for email signatures ready for use for both business and personal purposes.
  • The Service also includes marketing tools in the form of an active banner with a link, analytics measuring clicks on the banner, or signature views.
  • The Service is available in the SaaS (software as a service) mode, and the Customer will not receive any physical copy of the Service and can only access it through remote access.
  • The Service is provided "as is," and the Company does not guarantee any specific features of the Service or that the Service is suitable for specific purposes of use.
  • The Company undertakes to use its "best efforts" to ensure that the Service is available and functional.
  • The Company is not responsible for the continuous functionality of the Service, which may be limited due to necessary maintenance of hardware and software equipment, server storage provider outages, or data flow outages on a national or international scale.
  • The Company is entitled to make changes to the content and functions of the Service, technical updates, and functional upgrades without any limitations and without prior notice.
  • The Company is entitled to terminate the provision of the Service without compensation.
  • In case of non-functionality of the Service, the Company will not financially or otherwise compensate the Customer for direct or indirect financial losses caused by such non-functionality.

Registration and Use of the Service

  • To use the Service, it is necessary to register on the Website and thereby create an account for managing signatures (hereinafter referred to as the "Account") allowing the administration of the Service.
  • After submitting the registration form, the Customer is required to verify the entered email address.
  • Subsequently, the Company will send an email to the Customer confirming that the email address has been successfully verified and the Account will be activated.
  • Activation of the Account results in the conclusion of the Agreement.
  • After completing the registration of the Service, the Customer will gain unique access to their Account, where they can access profile administration, under which they can create and administer individual End Users. End Users can be given access to email signature previews through the Account with the option to fill in basic data that can be edited without necessary login or further registration.
  • A Customer can create only one Account under one registration email and within this Account create, manage, and administer End Users.
  • During registration, the Customer is required to provide accurate and truthful information and, in case of changes, promptly update them. The Company is not responsible for any damage incurred if the Customer enters incorrect or inaccurate information into the Account or fails to update information in the Account.
  • To access the Account, login credentials must be entered and a password set. The Customer is required to adequately protect their login credentials and prevent unauthorized third parties from accessing the login credentials. The Customer is responsible for any damage caused by insufficient protection of their login credentials. In case of suspicion of disclosure or misuse of login credentials, the Customer is required to change their login credentials without undue delay.
  • The Customer is fully responsible for activities occurring in their Account, whether these activities are carried out by the Customer, the End User, or another person authorized by the Customer.
  • The Company is not responsible for any damage incurred due to unauthorized access to the Account by a third party due to the Customer's failure to comply with their obligations under these Terms.
  • The Company is not liable for the misuse of access data to the Account.

PRICE AND PAYMENT TERMS

  • The price for using the Service and individual tariffs are listed on the Website.
  • The price is determined in the form of a monthly or annual subscription, and its amount depends on the actual number of End Users and selected signatures that the Customer will use within the Service.
  • The price is listed without VAT.
  • The price is paid through the payment gateway available within the Service. The payment is governed by the conditions of the payment gateway, and the Customer is required to familiarize themselves with these conditions.
  • When making the first payment, the Customer enters payment card information into the payment gateway, and each month the corresponding amount according to the chosen tariff will be deducted.
  • For annual subscription payments, an invoice will be issued to the Customer or the Customer will be authorized to make a direct annual payment through the payment gateway.
  • Payments are considered made on the day the respective amount is credited to the Company's bank account.
  • After payment, the Customer will be provided with the corresponding document in electronic form, accessible in the administrative interface of the payment gateway.

CUSTOMER RIGHTS AND OBLIGATIONS

  • The Customer agrees to use the Service in accordance with legal regulations and these Terms.
  • The Customer will not attempt to access the Service by means other than through their login credentials.
  • The Customer will not interfere with the rights of third parties or the Company when using the Service and will not use the Service unlawfully or for unlawful purposes.
  • Apart from standard and expected administration of the Service, the Customer agrees not to reproduce, modify at the source code level, or reverse engineer the Service, unless explicitly authorized in writing by the Company.
  • The Customer will not resell the Service or data obtained from the Service in any way, whether for a fee or free of charge.
  • The Customer will not use the Service in a manner that could damage it.
  • When using the Service, the Customer is prohibited from uploading any content that infringes the rights of third parties or is otherwise illegal, especially any content that:
    1. infringes intellectual property rights;
    2. violates competition rules;
    3. violates personal data protection regulations or infringes on the personal rights of third parties, including the right to privacy;
    4. constitutes commercial communication not in compliance with applicable legal regulations;
    5. is otherwise in violation of legal regulations, public order, or good morals.
  • The Customer is fully responsible for all content they upload to the Service.
  • The Company does not systematically monitor the Customer's content on the Service and is not obligated to do so. However, this does not affect the Company's right to suspend the Customer's ability to upload further content to the Service or suspend displaying or delete the Customer's or End User's content that violates legal regulations or the rights of third parties or the Company, in order to comply with the Company's legal obligations. The Customer or End User has no claims against the Company in this regard.

LIMITATION OF LIABILITY

  • The Company is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Service.
  • The Company is not responsible for any loss or damage or expenses incurred due to the Customer's failure to protect the Account from unauthorized access or use.
  • The Customer is required to take all appropriate measures to protect their data, especially by creating backups in machine-readable formats at intervals customary in this area. The Company is not responsible for the loss and recovery of the Customer's or End User's data.

INTELLECTUAL PROPERTY

  • The Service is a copyrighted work within the meaning of Act No. 121/2000 Coll. and possibly other intangible property protected by law.
  • The Company grants the Customer a non-exclusive permission to use the Service as it is available at any given time, solely for the purpose of using the Service in accordance with these Terms.
  • All content of the Service available on the Website, including source code, design, and all graphic elements, is protected by intellectual property rights and may not be copied or distributed without the Company's written consent.
  • Apart from normal and expected use, the Customer is not authorized to interfere with or modify the Service in any way, combine it with other works, include it in a collection, or make any copies of the Service or its parts.
  • If the Customer uploads or imports their own materials and documents into the Service, they are fully responsible for them, and the Company assumes no responsibility for them.
  • If the Customer uploads any protected content to the Service, they grant the Company a non-exclusive license to use it for the purpose of providing the Service by uploading it. The Company is authorized to sublicense to a third party. The Customer also grants consent to the transfer of the license to a third party. The Customer grants the license to this content free of charge and has no entitlement to any remuneration. The Company and the Customer exclude any additional remuneration for granting the license to this content. The Company is authorized to publish, modify, process, combine with other works, or include it in a collection, or supplement unfinished content, subject to restrictions arising from personal data protection. The Customer declares that they are authorized to exercise rights to this content and that the Company will not infringe on the rights of third parties in connection with the use of this content.

TERMINATION OF THE SERVICE

  • The Customer has the right to terminate the use of the Service at any time by deleting the Account.
  • If the Service is terminated before the end of the period for which the Service was purchased, the already paid price will not be refunded.
  • Any use of the Service that is contrary to applicable laws, inappropriate, and/or offensive may lead to suspension of the Service and/or, in extreme cases, to blocking and subsequent deletion of the Account without prior notice.
  • The Company is entitled to terminate the Customer's use of the Service with immediate effect if the Customer or End User has violated these Terms.
  • Termination of the Service will result in changes to the display of email signatures or their limited functionality (e.g., their advertisement will no longer be displayed).

SUPPORT

  • The Customer is entitled to contact the Company to resolve the functionality of the Service, especially in cases where the Service or its features are unavailable.
  • To contact the Company in such cases, the technical support form available in the footer of the Website or the email contact: support@chillisign.io can be used.
  • The Company will inform the Customer of the outcome of the request.

FINAL PROVISIONS

  • The Company may amend, supplement, or otherwise change these Terms. The effective date is always indicated in the "Last Updated" section at the top of the Terms and will be notified to the user in advance at the email provided during registration. If the Customer does not agree with the changes, they have the right to terminate the use of the Service without entitlement to a refund of the amount corresponding to the equivalent of the unused but paid period. If the Customer continues to use the Service after such changes, it will be deemed that they have accepted all changes.
  • If any of the user's statements are found to be untrue or inaccurate, or if the Customer violates their obligation under these Terms while using the Service, they are required to compensate the Company for all damages incurred in connection with such untrue or inaccurate statements, including all costs of judicial or other proceedings. Other possible claims of the Company under legal regulations are not affected.
  • The Customer consents to the Company sending commercial communications and newsletters to the Customer and End Users, including offers from third parties and business partners of the Company.
  • These Terms are governed by the legal order of the Czech Republic.
  • Any disputes related to these Terms will be resolved by the competent courts in the Czech Republic.