Terms & Conditions
1.1 These Terms and Conditions (the “Terms”) govern the rights and obligations between Wonder Makers s.r.o., with its registered office at Mezibranská 1668/5, 110 00 Prague – Nové Město, Company ID No.: 17844576, VAT ID: CZ17844576 (the “Company”), and natural or legal persons using its software service (the “User”).
1.2 The Company provides, through an online interface, a software service in the form of Software as a Service (SaaS) (the “Service”).
1.3 These Terms constitute an agreement between the Company and the User at the moment of the User’s registration or other commencement of use of the Service.
1.4 If the User is a consumer, the provisions of these Terms shall apply accordingly, provided that provisions conflicting with mandatory consumer protection laws shall not apply.
2.1 The Service enables Users to connect websites or other digital interfaces and, within such environment, create, manage, and share feedback in the form of visual annotations, in particular comments, notes, or pins.
2.2 The connection is carried out through the implementation of technical code (e.g., a script) provided by the Company into the User’s environment.
2.3 The scope, functionality, and availability of the Service may change, expand, or be limited over time.
2.4 The Company may provide different plans, limits, features, or levels of support, governed by the current plan description and pricing.
3.1 The User is entitled to use the Service upon registration and creation of a user account.
3.2 The User is obliged to provide truthful and up-to-date information to the extent necessary for the provision of the Service and shall not create an account that is misleading or impersonates another person.
3.3 The User is obliged to protect their access credentials and is responsible for all activities carried out through their account.
3.4 The User acknowledges that the Company may implement security measures (e.g., 2FA, IP restrictions, rate limits), which the User is obliged to comply with.
4. Website Connection and Responsibility for Implementation
4.1 The User acknowledges that the Service operates based on the implementation of technical code into their website or other digital environment.
4.2 The User declares that they are authorized to implement such code and that such implementation does not violate legal regulations or third-party rights.
4.3 The User acknowledges that by implementing the code, they enable the functioning of the Service within their environment.
4.4 The Company shall not be liable for the content, operation, or security of the User’s website, nor for any consequences arising from the implementation of the Service in the User’s environment.
4.5 The User is responsible for ensuring that the implementation and use of the Service in their environment complies with applicable laws, in particular in the field of personal data protection, ePrivacy/cookies, and informing visitors.
5. User Content and Data Ownership
5.1 The User may create content within the Service, in particular comments, notes, or other annotations (the “User Content”), and store or process data related to the use of the Service (“User Data”).
5.2 The User is responsible for ensuring that the User Content and User Data are not unlawful and do not infringe the rights of third parties.
5.3 The User retains all rights to the User Content and User Data. The Company does not acquire ownership rights thereto.
5.4 The User grants the Company a non-exclusive, worldwide, time-limited authorization (license) to process and use the User Content and User Data solely to the extent necessary for providing, operating, maintaining, securing, and improving the Service, including the creation of backups and transfers to subcontractors (e.g., infrastructure providers), always while maintaining confidentiality
5.5 The Company is entitled to remove User Content that violates these Terms or applicable laws, or to suspend its availability.
5.6 The User acknowledges that the Company may create aggregated and anonymized statistics on the use of the Service (without identifying specific individuals), which may be used for analysis and improvement of the Service.
6. Service Availability
6.1 The Company does not guarantee uninterrupted availability of the Service.
6.2 The Service may be temporarily unavailable, in particular due to maintenance, technical issues, or interventions of third parties.
6.3 The Company is entitled to change, limit, or terminate the Service at any time; in the case of a material change to a paid Service, the Company shall inform the User in an appropriate manner in advance.
6.4 The Company shall make reasonable efforts to provide support according to the plan and available capacity; the specific level of support may be described on the Service website.
7. Fees, Subscriptions and Billing
7.1 The Service may be provided free of charge or for a fee according to the current pricing available within the Service or on the Company’s website.
7.2 In the case of a paid version, the Service is provided on a subscription basis, which automatically renews for subsequent periods unless cancelled before the end of the current subscription period.
7.3 Payments for the Service are processed through a third party, Paddle (the “Paddle”), which acts as the Merchant of Record. This means that Paddle is the contractual party to the transaction with the User for the purposes of payment processing, invoicing, and tax compliance.
7.4 The User acknowledges that:
payment for the Service is made to Paddle, not directly to the Company,
invoices and tax documents are issued by Paddle,
payment transactions may be subject to Paddle’s terms and conditions.
7.5 Prices for the Service are determined by the Company; however, their billing and collection are carried out through Paddle. The stated prices may be displayed without taxes; the final amount charged to the User may include applicable taxes (e.g., VAT) depending on the User’s jurisdiction, as determined by Paddle.
7.6 The Company reserves the right to change pricing at any time. A price change shall apply to subscriptions no earlier than the next renewal period. The User shall be informed of the price change in an appropriate manner in advance.
7.7 The User may cancel their subscription at any time through their account or via tools provided by Paddle. The cancellation shall take effect on the last day of the current subscription period, unless stated otherwise.
7.8 Refunds are governed by these Terms and the applicable terms of Paddle. Unless expressly stated otherwise, fees for the Service are non-refundable. This does not affect the User’s rights under mandatory legal provisions or Paddle’s rules.
7.9 In the event of a failed payment, delay, or other issue in payment processing, the Company is entitled to:
limit or suspend access to the Service, and/or
terminate the provision of the Service in accordance with Article 8 of these Terms.
7.10 In the event of an unauthorized chargeback or misuse of a payment method, the Company reserves the right to:
limit or terminate the user account, and
claim compensation for any resulting damage to a reasonable extent.
7.11 If a trial period is provided, its duration and conditions, including any automatic transition to a paid plan, shall be specified within the Service or on the website. If the User does not cancel the subscription before the end of the trial period, a paid subscription may automatically commence.
7.12 Changes of plan:
in the case of an upgrade, the change takes effect immediately and the User is charged only a prorated difference between the current and the new plan for the remaining portion of the current billing period,
in the case of a downgrade, the change takes effect immediately; the price difference is not refunded but is converted into a credit that will be applied to future payments.
7.13 The User is responsible for the accuracy of provided billing and identification details. The Company shall not be liable for incorrect payment processing caused by inaccurate or outdated information provided by the User.
8. Termination of Service
8.1 The User may cancel their account at any time.
8.2 The Company is entitled to limit or terminate the provision of the Service or cancel the User’s account if the User breaches these Terms or applicable laws, or in the event of misuse of the Service.
8.3 The Company is entitled to limit or suspend access to the Service without prior notice if there is suspicion of a breach of the Terms or a security risk.
8.4 The Company may also suspend an account preventively if there is a reasonable suspicion of a security incident, unauthorized access, or misuse of the Service.
8.5 In the event of limitation, suspension, or termination of the Service under this Article, the User shall not be entitled to compensation or refund of already paid fees, unless required by law.
8.6 Upon termination of the account, access to the User’s data may be limited or completely terminated in accordance with these Terms.
9. Liability
9.1 The Service is provided “as is” and “as available”.
9.2 The Company shall not be liable for indirect damages, lost profits, loss of data, or for the operation of the User’s website.
9.3 The total liability of the Company is limited to the amount corresponding to the fees paid by the User for the affected Service during the last 12 months; if no fees were paid, liability is limited to CZK 10,000.
9.4 The limitation of liability shall not apply to the extent excluded by mandatory legal provisions (in particular in the case of consumers or intent/gross negligence where not permitted by law).
10. License and Intellectual Property
10.1 All rights to the Service, its software, design, and related elements belong to the Company or its partners.
10.2 The Company grants the User a non-exclusive, non-transferable, and time-limited right to use the Service within the scope of these Terms for the duration of the agreement.
10.3 The User is not entitled to copy, modify, analyze, reverse engineer, or otherwise technically examine the Service beyond its normal use, except where explicitly permitted by law.
10.4 The User must not remove or alter any rights notices (copyright, trademarks) contained in the Service.
11. Prohibition of Misuse
11.1 The User undertakes to use the Service in accordance with applicable laws and these Terms.
11.2 The User must not use the Service in a way that could damage, disrupt, or overload its operation or compromise security.
11.3 The User must not circumvent technical or security measures or attempt unauthorized access to the Company’s systems.
11.4 In particular, the User must not:
use automated means to overload the Service (bots, scraping, attacks),
distribute malicious code or participate in cyberattacks,
use the Service to infringe third-party rights or for unlawful monitoring of individuals,
use the Service for spam or harassment.
11.5 The Company is entitled to limit or terminate the Service in case of breach of this Article.
12. Security and Data Protection
12.1 The Company implements appropriate technical and organizational measures to ensure the security of the Service and data.
12.2 Such measures may include access control, communication security, and system maintenance.
12.3 The User acknowledges that no system is completely risk-free and the Company does not guarantee absolute security.
12.4 The Company may use third-party services, in particular cloud infrastructure and payment providers.
12.5 The User is obliged to protect their credentials and devices.
13. Data Retention, Export and Deletion
13.1 User Data is stored for the duration of the account.
13.2 After termination, data may be deleted without undue delay, no later than within 30 days, unless legal regulations provide otherwise.
13.3 The User is responsible for backing up and exporting their data before termination.
13.4 The Company may allow data export through Service features; compatibility with third-party systems is not guaranteed.
14. Personal Data Protection
14.1 The Company processes personal data in accordance with applicable laws.
14.2 Details are set out in the Privacy Policy.
14.3 Where the Company processes personal data on behalf of the User as a processor, such processing is governed by a separate Data Processing Agreement (DPA).
15. Indemnification
15.1 The User agrees to indemnify and hold harmless the Company against any damage, costs, and losses (including reasonable legal fees) arising from:
breach of these Terms or applicable laws by the User,
User Content or User Data,
implementation of the Service in the User’s environment,
third-party claims related to the User’s conduct.
15.2 The Company shall inform the User without undue delay and provide reasonable cooperation; the User shall provide cooperation in defense. The Company may choose its legal representation.
16. Force Majeure
16.1 The Company shall not be liable for failure to perform obligations due to force majeure events, including outages of third-party infrastructure, cyberattacks, natural events, war, strikes, or government actions.
17. Amendments to Terms
17.1 The Company is entitled to amend these Terms.
17.2 The User shall be informed appropriately (e.g., email, app, website). Changes become effective no earlier than the specified date, at least 7 days after notification, unless required by law.
17.3 If the User disagrees, they may terminate their account before the changes take effect.
18. Final Provisions
18.1 These Terms are governed by the laws of the Czech Republic.
18.2 Disputes shall be resolved by competent courts of the Czech Republic.
18.3 If any provision is invalid or ineffective, the remaining provisions remain unaffected.
