General Terms & Conditions

Article I: General Provisions

1. Author of the work (hereinafter "Author") is the company EKUM, s.r.o., with registered office at Bajkalska 45G, 821 05 Bratislava, Company ID: 35 777 168, registered in the Commercial Register of the District Court Bratislava I, Section Sro, File No. 20673/B. The Author created the booking system referred to in Section 1.5 under the Copyright Act No. 185/2015 Coll. Under GDPR and Act No. 18/2018 Coll. on the Protection of Personal Data, the Author bears no liability for damages caused by breaches in data processing.
2. Web Hosting Operator (hereinafter "Web Hosting Operator") is the company Websupport, s.r.o., with registered office at Karadzicova 7608/12, 821 08 Bratislava-Ruzinov, Company ID: 36421928. The company operates the servers on which the booking system is hosted at www.SUBDOMAIN.prodiary.online and acts as a processor under Act No. 18/2018 Coll.
3. Customer (hereinafter "Customer") is any natural person over 16 years of age, entrepreneur or legal entity seeking services through the portal. By submitting personal data through the booking system, the Customer becomes a data subject under Act No. 18/2018 Coll.
4. Service Provider (hereinafter "Provider") is any entrepreneur or legal entity offering services that uses the booking system to enable appointment scheduling. The Provider becomes a data controller under Act No. 18/2018 Coll.
5. Booking System (hereinafter "BS") is a copyrighted work consisting of cloud software, databases and data media. The system provides the function of an electronic diary and booking. The Author grants the Provider a time-limited and scope-limited licence for the duration of the contract without territorial restrictions. Access rights vary by user type.
6. Subdomain (hereinafter "Subdomain") is a domain name managed by the Web Hosting Operator, defined by the Provider during registration at www.prodiary.online.

Article II: Provision of Services to Customers

1. The Author makes the BS accessible at www.SUBDOMAIN.prodiary.online. The Provider shall place on their website a link clearly marked as leading to the booking portal.
2. By clicking the link, the Customer is redirected to www.SUBDOMAIN.prodiary.online, where these terms are displayed. The Customer must read them and confirm acceptance by clicking the confirmation checkboxes.
3. Customers must provide the required information:
   • Full name
   • Email address
   • Phone number
   This data enables identification, appointment confirmation and contact when necessary. Without complete information, the system will not allow proceeding. Providers may require additional optional data based on service requirements.
4. After entering data, the Customer selects time slots available according to the Provider's settings. The BS operates online; the Provider has direct access to all entered data and selected time slots. The Author does not process booking requests or notify the Provider. The Provider exclusively manages acceptance or rejection of appointments.
5. Selecting a time slot temporarily blocks it. The appointment becomes binding only upon acceptance by the Provider and email confirmation. Customers may cancel a booking up to 24 hours before the appointment.
6. Providers may decline bookings from Customers who have previously failed to show up or cancelled with less than 24 hours' notice.
7. Since the Author only grants a limited licence of the BS to Providers, the Author bears no liability for the Provider's actions, rejections, service quality or no-shows.
8. Customers must report appointment or service deficiencies to Providers immediately upon discovery.

Article III: Provision of Services to Providers During the Trial Period

1. The Author allows use of the BS with limitations during a limited trial period.
2. Trial access takes place online at www.SUBDOMAIN.prodiary.online, with permission to link to www.prodiary.online on the Provider's website.
3. Providers must provide:
   • Full name
   • Business name / Company ID
   • Business address
   • Email
   • Phone number
   Without this information, registration is not possible. After submission, these terms are displayed with a requirement for electronic acceptance via a checkbox.
4. Upon registration, Providers receive a free, time-limited and scope-limited licence for the BS. The system operates online; the Provider has exclusive access to all Customer data and selected time slots. The Author does not process any booking requests. Providers independently manage acceptance/rejection of appointments.
5. Trial usage lasts two months from registration. After expiry, continued access is contingent on signing a paid licence agreement under Article IV. The Author provides notifications before expiry.
6. If Providers decline a paid agreement by the last day of the trial period, they must delete all appointment data and related personal information in accordance with GDPR and data protection law.
7. Providers are entitled to free trial usage only once; repeat access is prohibited.

Article IV: Paid Provision of Services to Providers

1. Providers may request a paid software licence agreement (hereinafter "Agreement") at any time.
2. Electronic conclusion of the agreement takes place via forms at www.prodiary.online.
3. Providers must complete all required fields and selections. Acceptance of the agreement is electronic. A summary follows via email.
4. The concluded agreement becomes valid but effective only upon payment (suspensive condition). Effectiveness commences when funds reach the Author's account. Non-payment within 30 days triggers a resolutive condition terminating the agreement.
5. Providers prepay for defined billing periods (hereinafter "Billing Period"). Optional SMS packages (hereinafter "SMS Package") are available for a one-time payment. Upon agreement termination or non-renewal, SMS entitlements end without refund for unused messages. Invoices specify payment deadlines.
6. Agreements cover one Billing Period. Prepayment for additional periods automatically extends validity. Non-payment terminates the agreement at the end of the last paid period. The Author may terminate the agreement due to Provider conduct threatening damages, effective upon delivery. Mid-period changes require mutual consent.
7. Providers confirm that all information provided is true, accurate, current and complete, and undertake to maintain and update the data. Providers control account access and passwords, bearing responsibility for all activities under their accounts.
8. The Author notes that technical limitations may temporarily disrupt functionality and errors may occur. The host commits to prompt issue resolution. The Author bears no liability for damages caused by known system errors not reported to the Author.

Article V: Ownership, Scope and Extent of the Licence

1. Ownership of the BS belongs exclusively to the Author without time, scope or territorial limitations.
2. The authority to grant licences belongs exclusively to the Author.
3. Licence ownership transfers to Providers upon registration (Article III, Section 4) or payment (Article IV, Section 5).
4. Providers may not transfer rights/obligations without the Author's consent.
5. The Author grants time-limited and scope-limited licences for the contract duration under copyright law without territorial restrictions.
6. The licence specifically permits managing Provider-Customer relationships through the electronic diary and booking function.
7. Without the Author's written consent, Providers may not:
   • Publish or distribute the programme
   • Copy computer programmes
   • Modify, translate or adapt programmes
   • Include programmes in collective works
8. Providers must inform licenced users of their obligations under these terms.
9. Providers bear full responsibility to the Author for use by authorised users.
10. Online access to the BS is permitted via multiple computers connected to servers for data storage/processing.
11. The Author and Provider agree that Providers may not grant third parties rights to use the BS (sublicence). The Author's granting of a licence does not authorise licence assignment or sublicensing.
12. Providers must protect the BS against unauthorised modification, interference or misuse damaging the Author's reputation.
13. Copyright protection covers the complete BS software solution.
14. Licences do not grant any rights to the Author's trademarks, logos or trade names.
15. Providers may not copy, modify, translate or create visual/functional copies of the BS, nor engage third parties for these purposes.
16. The Author exclusively controls the source code; Providers have no access to it. Only the Author may modify the application.

Article VI: Databases and Database Rights

1. Databases form an essential component of the BS, without which the system cannot function properly.
2. Since database content changes through user interaction and data input, the Author bears responsibility for database structure, content, accuracy and functionality only until the Provider acquires the licence.
3. After licence acquisition, the Author bears no responsibility for database content managed by Providers.
4. Providers assume full responsibility for database structure, content, accuracy and functionality from the moment of licence acquisition.
5. The Author authorises Providers to extract or reuse database content (user-entered data) in accordance with the purposes of these terms.
6. "Extraction" means permanent/temporary transfer of complete database content (user-entered data) or substantial parts thereof to other media by any means or method. The server serves as the medium.
7. "Reuse" means any public method of presenting complete database content (user-entered data) or substantial parts thereof through reproduction, rental, online linking or other methods of transfer.
8. Licenced Providers may not alter database structure/data directly or through third parties/software.
9. The Author does not grant any rights to assign the licence to third parties, including for consideration, and prohibits any visual/functional copying by recipients or third parties.

Article VII: Risk of Damage, Liability for Defects

1. Risk transfers to Providers upon licence acceptance or when Providers fail to accept offered licences.
2. The Author bears liability only for BS defects demonstrably existing at the time of licence delivery.
3. The Author bears no liability for defects after transfer, unless demonstrably caused by the Author before transfer.
4. The Author bears liability only for defects in executable computer code demonstrably caused during code creation.
5. Providers must report BS defects to the Author immediately via registered letter/email confirmation.
6. Written defect claims must briefly describe problems and propose timelines/methods for resolution.
7. The Author must promptly inform Providers of successful defect resolution.
8. The Author bears no liability for damages caused by known system errors not reported to the Author. Post-transfer damages do not exempt Providers from licence payment obligations, unless the damage was caused by a breach of the Author's obligations (demonstrable by the Provider); this does not suspend payment obligations.
9. The Web Hosting Operator bears full liability for temporary limitations on online availability/functionality; Providers may claim demonstrable damages. The Web Hosting Operator bears no liability for damages caused by known server/hosting configuration errors not reported to the Operator.

Article VIII: Warranties and Liability for Damages

1. The Author bears no liability for damages caused by computer infiltrations or other combinations of technical/software devices.
2. The Web Hosting Operator bears liability for damages caused by improper server/hosting function, configuration or inadequate security.
3. The Author bears no liability for the accuracy, scope or legality of data processing in BS databases or data transfers to third-party systems.
4. The Author bears no liability for damages caused by unlawful processing of personal data through the BS under GDPR or Act No. 18/2018 Coll.
5. The Author bears liability to Providers/Customers exclusively for demonstrably caused damage.
6. Providers may assert damage liability only after written notice requiring removal of functional defects within a minimum of 20 business days. If the Author indicates the need for additional time, Providers must accept the extension.
7. The Author bears liability under Section 8.5 only if damage was caused exclusively by the Author's fault, but only up to the amount of fees paid (maximum foreseeable damage upon entering these terms).
8. The Author exercises professional care in fulfilling these terms, committing to compliance with laws, technical standards and the provisions of these terms.
9. Providers must immediately inform the Author of technical problems/performance obstacles.
10. The Author bears no liability for damage/loss of the BS or damage/loss of content.
11. The Author bears no liability for damages in the performance of activities or from breach of obligations/legal regulations in averting imminent damage or upon subsequent approval by the Provider.
12. The Author bears no liability for damages caused by unsuitable, incomplete or unprofessional instructions from the Provider.
13. Under GDPR and Act No. 18/2018 Coll., the Author bears no liability for damages caused by breach of rights in the processing of personal data through the BS.

Article IX: Final Provisions

1. Communication takes place via email.
2. Customer consent to terms: Customers confirmed via checkbox before bookings that they have read, understood and agreed to the selected provisions of these terms in full.
3. Legal regime: The legal order of the Slovak Republic governs Author-Provider relationships, including foreign Providers. Slovak courts have jurisdiction over disputes including contract validity.
4. Transfer of rights/obligations: No contracting party may assign rights, claims or obligations without prior written consent.
5. Annexes to terms: Annex 1: Information pursuant to Act No. 136/2010 Coll. on services in the internal market.
6. These terms became effective on 21 August 2018.
7. These terms become effective towards the Provider upon electronic consent.
8. Agreements between the Author and Provider cover:
   • 2 months from registration (free trial licence)
   • 1 Billing Period (30 days) from payment (paid licence), with automatic monthly renewal upon timely payment
9. Providers acknowledge that Customers may withdraw at any time without explanation via online forms at www.prodiary.online. Providers must promptly delete all appointment data and related personal information under applicable law.
10. Rights/obligations not covered by these terms are governed by the Commercial Code, Copyright Act No. 185/2015 Coll. and other legal regulations. Industry customs inform the determination of rights/obligations. Contract performance is governed by the principles of fair business dealing.
11. These terms constitute an instalment agreement and acknowledgement of Provider's obligations regarding amount/reason.
12. Invalidity of individual provisions does not affect other provisions.
13. Only written amendments with the consent of the Provider and Author modify these terms.
14. Providers may not assign claims against the Author without the written consent of an authorised representative, subject to a penalty of double the claim value and invalidity of the act.
15. Arbitration clause: All disputes including validity, interpretation, termination or damage claims are subject to ad hoc arbitration under Act No. 244/2002 Coll. Arbitrators are Ing. Milos Valach or Zuzana Valachova as agreed by the parties. Arbitrator selection belongs to the claimant. Proceedings are governed by ad hoc arbitration rules. Arbitrator decisions are binding on the parties.
16. If arbitration is not possible, Slovak courts have jurisdiction under the Civil Procedure Code.
17. Providers confirm that they have read these terms, understood their content and freely, definitely and seriously agreed to them by clicking "I Agree."

These terms became effective on 21 August 2018.