1Introductory Provisions
1.1These General Terms and Conditions (hereinafter "GTC") govern the rights and obligations between DOMEUM platform s.r.o., ID: 24035921, with registered office at Borušov 45, 571 01, registered in the Commercial Register kept by the Regional Court in Hradec Králové, file no. C 55757 (hereinafter "Provider") and users of its services (hereinafter "Customer").
1.2The subject of these GTC is the regulation of conditions for providing access to the software application "DOMEUM" (hereinafter "Application"), which serves primarily for keeping an electronic construction diary and managing construction documentation, in the form of Software as a Service (SaaS).
1.3These GTC are an integral part of the service agreement concluded between the Provider and the Customer (hereinafter "Agreement"). Deviating provisions in the Agreement take precedence over these GTC.
2User Account and Registration
2.1Registration and creation of a user account is a prerequisite for using the Application. The Customer is obliged to provide truthful and current information during registration.
2.2The Customer is obliged to secure their login credentials (username and password) against misuse. The Provider is not responsible for damages arising from disclosure of login credentials to a third party caused by the Customer.
2.3The Customer is responsible for all activities performed through their user account, including activities of persons authorized by them (e.g., employees, subcontractors).
3License Terms and Intellectual Property Rights
3.1The Provider grants the Customer a non-exclusive, territorially unlimited, and non-transferable license to access and use the Application for the duration of the Agreement, exclusively for the Customer's internal needs and for purposes of maintaining construction documentation.
3.2The Customer is not authorized to:- Provide the Application to third parties in the form of sublicense, rental, or loan (except for granting access to collaborators on a specific construction project within the functionality of the Application).
- Perform reverse engineering, decompilation, or attempt to obtain the source code of the Application.
- Use the Application to spread illegal content or in a way that could disrupt its operation.
3.3All rights to the Application, including copyrights, trademarks, and database rights, remain the exclusive property of the Provider.
4Electronic Construction Diary and Content Responsibility
4.1. Role of the Provider
The Provider only supplies a technical tool (platform) for keeping the diary. The Provider does not perform the activities of construction supervision, site manager, or technical supervision of the investor within the meaning of the Building Act, unless explicitly agreed otherwise in a separate agreement.
The Provider is not responsible for the factual correctness, truthfulness, and completeness of data recorded by the Customer in the diary.
4.2. Compliance with Legislation
The Application is designed to meet the technical requirements for keeping an electronic construction diary according to Act No. 283/2021 Coll. (Building Act) and Decree No. 499/2006 Coll. However, the responsibility for proper diary management in accordance with the law is borne exclusively by the Customer (or the authorized person of the site manager).
4.3. Electronic Signatures
The Customer acknowledges that legislation may require the use of a qualified electronic signature or certificate for the validity of entries. The Application supports various levels of signing, but it is the Customer's responsibility to choose a legally appropriate method for the given type of construction and action.
4.4. Archiving
The Provider guarantees the preservation of data (diary records) for the duration of the Agreement and for the period required by law for archiving (typically 10 years from completion of construction), if the Customer has an active appropriate tariff or has paid an archiving fee.
5Service Availability (SLA) and Liability for Damages
5.1The Provider will make maximum effort to ensure continuous availability of the Application. The guaranteed monthly availability is 99.0%. Pre-announced planned outages are not counted in the availability time.
5.2The Provider performs regular backup of Customer data (min. once daily). In case of server failure or data loss caused by a technical error on the Provider's side, the Provider commits to restore data from backup.
5.3. Limitation of Liability
Given the nature of the service, the Provider is only liable for actual damage caused intentionally or by gross negligence.
The Provider's liability for damages (including data loss) is limited to a maximum amount corresponding to the annual fee for using the Application paid by the Customer in the year when the damage occurred.
The Provider is not liable for lost profits, loss of business opportunities, or damages caused by improper use of the Application.
6Price and Payment Terms
6.1Use of the Application is charged according to the current Price List available on the Website, unless otherwise agreed in the Agreement.
6.2Fees are due based on an invoice issued by the Provider. In case of late payment, the Provider is entitled to limit or suspend the Customer's access to the Application until the outstanding amount is fully paid.
7Personal Data Protection
7.1Processing of personal data is governed by the
Privacy Policy, which is available on the Website and forms an annex to these GTC.
7.2The relationship between the Provider and the Customer in processing personal data of third parties (e.g., Customer's employees) is governed by the Data Processing Agreement (DPA), which is automatically concluded upon acceptance of these GTC. DOMEUM acts as the Processor.
8Final Provisions
8.1These GTC are governed by the laws of the Czech Republic. Any disputes will be resolved by the competent courts in the Czech Republic.
8.2The Provider is entitled to unilaterally amend these GTC. The Provider will notify the Customer of the change by email or notification in the Application at least 14 days before the change takes effect. If the Customer disagrees with the change, they have the right to terminate the Agreement.