Terms of Service

Version: 1.0 Effective from: [DATE — e.g. 1 July 2026] Operator: Ing. Tomáš Dejmek

Operator identification

| | | |---|---| | Operator | Ing. Tomáš Dejmek | | Business address | Habarticka 503, Prague, Czech Republic | | Identification number (IČO) | 06798713 | | Register | Trade Licensing Register (Živnostenský rejstřík) of the Czech Republic | | VAT | The Operator is not a VAT payer (není plátcem DPH). | | E-mail | dejmektomas@gmail.com | | Phone | +420 601 126 032 |

The Operator is a natural person — entrepreneur (OSVČ) established under the laws of the Czech Republic.

1. Introductory provisions

1.1. These Terms of Service (the "Terms") govern the rights and obligations between the Operator and any person who registers for or uses the KonstrukThor platform available at konstrukthor.cz and related domains (the "Platform").

1.2. The Platform is an online software-as-a-service tool that enables users to create, configure, publish and operate web-based calculators ("Tools"), including by means of an automated AI agent or manually, and to embed those Tools on third-party websites.

1.3. By creating an account, by ticking the box "I agree to the Terms of Service and Privacy Policy", or by using the Platform, the User enters into a contract with the Operator on the terms set out herein (§ 1746(2) of Act No. 89/2012 Coll., the Civil Code, "OZ").

1.4. These Terms form an integral part of the contract. The Operator's Privacy Policy and Data Processing Agreement also apply and are incorporated by reference.

2. Definitions

• User — any natural or legal person who registers for or uses the Platform.
• Consumer — a User who is a natural person acting outside the scope of their business activity or independent exercise of their profession (§ 419 OZ).
• Organisation — the account entity under which Tools are created and operated. Every User — including an individual — is registered as an Organisation. The Organisation is identified by its billing e-mail.
• Owner — the natural or legal person identified by the billing e-mail; the holder of the Organisation account and the party liable for fees.
• Member — a person invited into an Organisation (e.g. org admin, team leader, team member).
• Tool / Calculator — a calculator created by a User on the Platform, including its inputs, outputs, execution logic, content and styling.
• Visitor — an end user who views or runs a published Tool.
• AI Agent — the automated generation feature that produces a Tool from a User's textual description.

3. Description of the service

3.1. The Platform allows the User to create Tools, generate them via the AI Agent, edit them, publish them, embed them via iframe, and operate them for Visitors.

3.2. The Operator provides technical infrastructure only. The Operator does not create, review, verify, curate, endorse or monitor the content, logic, formulas, results or outputs of any Tool. The Operator does not access the content of a User's Tools except as expressly described in Article 8.

3.3. The Operator may change, improve or discontinue individual features of the Platform. Material adverse changes will be communicated in advance under Article 14.

4. Account, Organisation and Members

4.1. To use the Platform the User must register an Organisation under a valid billing e-mail. An individual is registered as an Organisation consisting of a single person.

4.2. The Owner is responsible for all activity within the Organisation, for the acts of its Members, and for keeping access credentials confidential.

4.3. The User must provide true and current registration data and is responsible for keeping it up to date.

4.4. The User must be at least 18 years of age or otherwise have full legal capacity to enter into the contract. The Platform is not directed at children.

5. Trial period

5.1. New Users are offered a free trial of the Platform for a period of 14 days (the trial length may be changed by the Operator for future registrations; the length applicable to a given User is the length communicated at registration). The Operator may offer the User a one-time extension of the trial via the Platform interface.

5.2. During the trial the User may create and test Tools subject to any limits stated in the Platform interface. No payment is required for the trial.

5.3. The trial converts to a paid subscription only if the User actively chooses to keep one or more Tools in operation after the trial ends. No automatic charge is made without the User first selecting a paid plan and providing payment details.

5.4. End of trial without subscription. If the User does not subscribe to a paid plan by the end of the trial, the Organisation is downgraded to a free, view-only state: Tools cease to be served to Visitors, cannot be edited, and new Tools cannot be created. If the User still does not subscribe, the Operator may delete the Tools and associated data, at the earliest 60 days after the end of the trial and only after giving at least 7 days' prior notice by e-mail. Residual copies in encrypted backups are purged within 30 days thereafter (Article 13.4 applies by analogy).

6. Price and payment terms

6.1. After the trial ends, the fee is 290 CZK per month for each active Tool that the User keeps in operation (a Tool that is published / not deleted). The price is final; the Operator is not a VAT payer.

6.2. Fees are billed in advance for each billing period via the payment provider [PAYMENT PROVIDER]. By subscribing, the User authorises recurring charges for the number of active Tools.

6.3. The number of active Tools, and therefore the fee, may change as the User adds or deletes Tools. Changes apply from the next billing period unless the interface states otherwise.

6.4. Late or failed payment. If a payment fails or is overdue, the Operator may, after notifying the Owner, suspend the affected Tools. Tools suspended for non-payment are subject to the deletion timeline in Article 13.

6.5. The Operator may change pricing for future billing periods with at least 30 days' prior notice (Article 14). If the User does not agree, the User may terminate before the change takes effect.

6.6. Prices are stated in CZK. Where the Platform displays prices in another currency, the CZK amount governs.

7. Intellectual property

7.1. User content. All Tools created by a User, including their inputs, outputs, logic, formulas, text, data and styling, are and remain the exclusive intellectual property of the User (or its Organisation). The Operator acquires no ownership of them.

7.2. The User grants the Operator only the limited, non-exclusive, royalty-free licence strictly necessary to host, store, back up, transmit, render and operate the Tools so as to provide the service, and to display them to Visitors as the User directs. This licence terminates when the relevant Tool is deleted, save for residual copies in backups purged under Article 13.

7.3. Platform. The Platform itself — its software, design, trademarks, documentation and the AI Agent — is the intellectual property of the Operator or its licensors. The User receives only a non-transferable, non-exclusive right to use the Platform during the term of the contract.

7.4. AI-generated Tools. Tools produced with the AI Agent belong to the User to the same extent as manually created Tools. The User is responsible for ensuring that a generated Tool does not infringe third-party rights.

8. Confidentiality and the Operator's access to Tools

8.1. The Operator respects the privacy and intellectual property of Users and does not read, inspect or use the content of Users' Tools.

8.2. Operational access only. In the ordinary course the Operator accesses only the operational metrics listed in Article 9 and the technical data required to run, secure and back up the Platform.

8.3. Support access. Where a User requests support for a specific issue, the Operator will attempt to reproduce the issue in a separate testing environment. The Operator will access the content of a User's specific Tool only with that User's prior one-time consent given for the specific support request. The Operator treats any content so accessed as confidential and uses it solely to resolve the request.

8.4. AI Agent conversations. Conversations with the AI Agent (prompts and responses) are stored as part of the relevant Tool so that the User can review and continue them. The Operator does not read them except under the support provision in 8.3. They are deleted together with the Tool.

9. Metrics observed by the Operator

9.1. To operate, secure and improve the service the Operator observes the following aggregate operational metrics per Organisation and per Tool, without reading the content of the Tools:

• Tool views — how many times a Tool was fetched from the server by Visitors;
• Tool executions — how many times a Tool was run / performed a calculation;
• Number of active Tools — Tools in operation (not deleted);
• Member count — the number of people in the Organisation;
• AI usage metrics — counts of AI generations and edits per Organisation, and AI input/output token counts.

9.2. These metrics are used to bill the service, to size and secure infrastructure, to improve quality, and to determine eligibility for future offerings (e.g. dedicated instances for larger clients). The processing of any personal data within these metrics is described in the Privacy Policy.

10. User responsibilities and acceptable use

10.1. The User is solely responsible for its Tools, including their correctness, formulas, logic, results, displayed content, legality and fitness for any purpose. The User warrants that its Tools and content do not infringe the law or third-party rights.

10.2. The User must not use the Platform to: (a) violate any law or third-party right; (b) create Tools that process special categories of personal data (čl. 9 GDPR — e.g. health, biometric data) unless the User has its own lawful basis and complies with the Data Processing Agreement; (c) distribute malware, attempt to break the sandbox, overload or attack the infrastructure, or circumvent metering or access controls; (d) infringe intellectual property, publish illegal, deceptive or harmful content, or use the Platform for unlawful data collection from Visitors; (e) use the AI Agent in violation of the acceptable-use policies of the Operator's AI provider or to generate unlawful content.

10.3. Where a User collects personal data from Visitors via a Tool, the User acts as the controller of that data and the Operator as processor; the Data Processing Agreement governs that relationship and the User must comply with it.

10.4. The Operator may suspend or remove a Tool or account that it reasonably believes, or is credibly notified to, violate this Article or the law, with notice to the Owner where practicable.

10.5. Notice and action (Regulation (EU) 2022/2065 — Digital Services Act). Any person or entity may notify the Operator of allegedly illegal content hosted on the Platform by e-mail to dejmektomas@gmail.com, stating (a) an explanation of why the content is considered illegal, (b) the exact location of the content (URL / Tool identification), (c) the notifier's name and e-mail (except for certain criminal-content notices), and (d) a statement of good faith. The Operator processes such notices diligently, objectively and without undue delay, and informs the notifier of its decision. Where the Operator removes or suspends a Tool, it provides the affected User with a statement of reasons, unless prohibited by law.

10.6. Point of contact. The single point of contact for Users, authorities and bodies under the DSA is dejmektomas@gmail.com. Communication is possible in English or Czech.

11. Service availability and quality

11.1. Tools availability guarantee. The Operator guarantees 99% monthly availability of published Tools, measured as the percentage of minutes in a calendar month during which the Tools' serving infrastructure is reachable, excluding the exclusions in 11.3.

11.2. AI Agent — no availability guarantee. The Operator provides no guarantee of availability of the AI Agent used to create or generate Tools. The AI Agent depends on third-party services and may be unavailable, limited or discontinued. (This may change in future versions.)

11.3. The availability guarantee does not cover downtime caused by: (a) scheduled or emergency maintenance announced in advance where reasonably practicable; (b) force majeure (Article 15); (c) failures of third-party networks, the User's own systems, or third-party services beyond the Operator's control; (d) the User's own Tool errors, code or configuration; (e) suspension under these Terms.

11.4. Remedy. If, in a given calendar month, availability falls below 99% for reasons attributable to the Operator, the Owner's sole remedy is, upon written request within 30 days, a pro-rata service credit for the affected Tools for the affected period. This is without prejudice to mandatory consumer rights under Article 12.

11.5. Rate limits / fair use. Use of the Platform and of individual Tools is subject to the rate limits stated in the Platform interface or price list (e.g. a maximum number of Tool executions per minute per Tool). Throttling or rejection of requests exceeding the applicable limits does not constitute unavailability and is not a breach of the guarantee in 11.1. Higher limits may be offered as separate paid tiers.

12. Consumer provisions (applies to Consumers only)

This Article applies only where the User is a Consumer. Its mandatory protections cannot be excluded by contract (§ 1812(2), § 1814 OZ).

12.1. Pre-contract information. The Operator provides Consumers the information required by § 1811 and § 1820 OZ via these Terms and the Platform interface (identity and contact of the Operator, the main characteristics of the service, the total price 290 CZK/month per active Tool, the duration and conditions of termination, and the rights below).

12.2. Right of withdrawal (14 days). A Consumer has the right to withdraw from the contract within 14 days of its conclusion without giving any reason (§ 1829 OZ), by an unequivocal statement sent to dejmektomas@gmail.com. The Consumer may use the model withdrawal form.

12.3. Immediate provision. Where a Consumer expressly requests that provision of the paid service begin during the 14-day withdrawal period and then withdraws, the Consumer shall pay a proportionate part of the price for the performance provided up to the withdrawal (§ 1834 OZ). The right of withdrawal is lost once the service has been fully provided, where provision began with the Consumer's prior express consent and acknowledgement of the loss of the right (§ 1837 OZ). The Operator provides the Consumer with a confirmation of the concluded contract, including this consent and acknowledgement, in text form (§ 1824a, § 1828a OZ). The free trial does not constitute paid provision.

12.4. Out-of-court dispute resolution. A Consumer has the right to out-of-court settlement of a consumer dispute. The competent body is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Praha 2, www.coi.cz. EU consumers may also use the European ODR platform.

12.5. Nothing in these Terms deprives a Consumer of the protection afforded by mandatory provisions of the law of the Consumer's country of habitual residence.

13. Term, termination and consequences

13.1. The contract is concluded for an indefinite period and continues for as long as the User uses the Platform or maintains active Tools.

13.2. Termination by the User. The User may terminate at any time by cancelling the subscription and/or deleting the account in the Platform. Termination takes effect at the end of the current billing period; fees already paid for the current period are not refunded except where required by mandatory law (including Article 12).

13.3. Termination by the Operator. The Operator may terminate or suspend for material breach of these Terms, unlawful use, or non-payment, with notice to the Owner where practicable.

13.4. Data and Tools after termination. Following termination or suspension for non-payment, Tools are retained inactive for a grace period of 30 days, during which the User may reactivate them by settling outstanding fees. After the grace period the Tools — including their version history, AI Agent conversations and associated data — are deleted. Residual copies in encrypted backups are purged within 30 days thereafter.

14. Changes to the Terms

14.1. The Operator may amend these Terms for legitimate reasons (changes in law, in the service, or in business conditions). The Operator will notify the User of material changes by e-mail and/or in the Platform at least 30 days before they take effect.

14.2. If the User does not agree with a change, the User may terminate before the change takes effect. Continued use after the effective date constitutes acceptance.

15. Limitation of liability

15.1. No responsibility for Tools. The Operator is not responsible for the correctness, completeness, legality or results of any Tool, for the calculations a Tool performs, or for what a Tool displays. The Operator does not check Tool content. Responsibility for Tools and their outputs rests solely with the User who created them.

15.2. The Platform is provided "as is" and "as available" to the extent permitted by law. The Operator does not warrant that the Platform will be uninterrupted or error-free, beyond the express guarantee in Article 11.

15.3. Cap. To the maximum extent permitted by law, the Operator's aggregate liability arising from or in connection with the contract is limited to the total fees paid by the User to the Operator in the 12 months preceding the event giving rise to the claim. The Operator is not liable for indirect or consequential damage, lost profit, lost data or lost goodwill.

15.4. The limitations in this Article do not apply to liability that cannot be limited or excluded by law, including liability for damage caused intentionally or by gross negligence (§ 2898 OZ) and, for Consumers, statutory rights that cannot be waived.

16. Force majeure

The Operator is not in breach to the extent performance is prevented by events beyond its reasonable control (natural disasters, war, outages of public networks or essential third-party services, acts of authorities, etc.).

17. Governing law and jurisdiction

17.1. The contract and these Terms are governed by the law of the Czech Republic, in particular the Civil Code (Act No. 89/2012 Coll.), excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

17.2. For non-consumer Users, the courts of the Czech Republic have jurisdiction, the locally competent court being determined by the Operator's registered seat.

17.3. For Consumers, jurisdiction and the choice of law are subject to mandatory consumer-protection rules; this clause does not deprive a Consumer of the protection of the mandatory law of their country of habitual residence (Article 12.5).

18. Final provisions

18.1. If any provision is or becomes invalid or unenforceable, the remaining provisions remain in effect; the invalid provision is replaced by one that comes closest to its purpose.

18.2. The User may not assign the contract without the Operator's consent. The Operator may assign the contract to a successor entity (e.g. upon incorporation of a company), with notice to the User.

18.3. These Terms are issued in English. A Czech-language version may be provided for convenience; in case of conflict the English version prevails.

18.4. Contact for all matters under these Terms: dejmektomas@gmail.com.

⚠️ Legal notice: This document is a template prepared to reflect the Operator's described business model under Czech law. It should be reviewed by a qualified Czech lawyer before publication, in particular regarding (i) the classification of the service for withdrawal purposes (§ 1837 písm. a) vs. písm. l) OZ) and the digital-content conformity and update duties toward Consumers (§ 2389a a násl. OZ, not yet reflected in a dedicated article), (ii) VAT/OSS treatment of cross-border digital sales, (iii) the limitation-of-liability cap as applied to Consumers, and (iv) the scope of the DSA notice-and-action mechanism (Art. 10.5–10.6).