Effective Date: 2025-06-15

These Terms of Service (“Terms”) govern the use of Budovan.com s.r.o.’s smart building software-as-a-service platform (“Budovan”, “we”, “our”, “us”) by customers (“Customer”, “you”). By using the Budovan platform, you agree to these Terms, our Privacy Policy, and any applicable supplemental agreements including a Service Level Agreement (SLA) and Data Processing Agreement (DPA).

1. Definitions

“Service” means the Budovan platform and related software modules provided as a cloud-based SaaS solution. “Customer” means any individual or legal entity entering into an agreement with Budovan. “End User” means an individual authorized by Customer to use the Service. “Data” means all electronic data, text, messages, or other materials submitted to the Service.

2. Use of the Service

Budovan grants the Customer a non-exclusive, non-transferable, time-limited right to access and use the Service for internal purposes. The Customer is responsible for compliance with these Terms by its End Users and affiliates. Customer agrees not to reverse engineer, resell, or use the Service outside of the agreed scope.

3. Account Management

Customer must provide accurate account information and maintain the security of login credentials. Unauthorized use or access must be reported immediately to Budovan.

4. Fees and Payment

Service fees are defined in the relevant order form or agreement. Invoices are payable within 14 days unless agreed otherwise. Budovan may suspend access to the Service for overdue accounts.

In case of price change, Budovan notifies the Customer in advance, and if the Customer does not agree, either party can terminate the contract with one month’s notice.

Budovan may suspend further services in case of Customer’s overdue payables.

5. Service Level Agreement (SLA)

Budovan aims to maintain 99.8% monthly uptime. Scheduled maintenance will be communicated in advance. In case of service interruptions exceeding 30 minutes per day, Customer may claim service credits. Uptime calculations and claims must be supported by reasonable documentation.

6. Data Processing Agreement (DPA)

Budovan acts as a processor of personal data on behalf of the Customer. Our DPA outlines the scope, duration, and security measures of processing and is an integral part of these Terms. Personal data is stored and processed within the EU, and subprocessors are subject to appropriate safeguards.

7. API Terms of Use

Access to Budovan APIs is provided for integration purposes only. Customer must use valid credentials, adhere to rate limits, and may not use the API for competitive analysis or resell API data. Budovan may limit or revoke access to protect system stability.

8. Customer’s Cooperation

In case that the Customer fails to provide required cooperation, Budovan may suspend or delay the services.

9. Intellectual Property

Budovan and its licensors retain all rights, title, and interest in the Service, including all intellectual property. Nothing in these Terms transfers any ownership to the Customer.

Budovan doesn’t grant the license to Budovan’s trademarks, logos, or patents unless agreed otherwise.

10. Confidentiality

Both parties agree to keep confidential information secret and not disclose it to third parties, except as required by law. This obligation survives the termination of the agreement.

11. Data Ownership

Customer retains ownership of all data submitted to the Service. Upon termination, Budovan will retain data for at least 30 days to allow export. Thereafter, data will be deleted unless required by law.

12. Term and Termination

These Terms remain in effect until terminated. Either party may terminate with 90 days’ written notice, unless otherwise specified in the agreement. Budovan may suspend or terminate access immediately for breach. Upon termination, Customer’s access to the Service is revoked and data export becomes the Customer’s responsibility.

13. Warranties and Disclaimers

The Service is provided “as is” without warranties of any kind, except as expressly stated. Budovan disclaims all implied warranties, including merchantability and fitness for a particular purpose.

14. Limitation of Liability

Budovan’s liability is limited to the amount paid by the Customer in the previous 3 months. We are not liable for indirect damages such as loss of profits, data, or reputation, except in cases of gross negligence or willful misconduct.

The Customer must notify Budovan of any claim immediately upon discovery, and Budovan will choose the remedy method.

Budovan keeps liability insurance: damage caused by a defective product or defective work performed, damage to an accepted or used item, and liability arising from the operation of a work machine. The maximum insurance payout limit is EUR 400,000, subject to conditions set by the insurer.

15. Changes to Terms

We may update these Terms from time to time. Customers will be notified via email or through the Service. Continued use of the Service after updates implies acceptance.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the Czech Republic. Any disputes shall be submitted to the courts of Prague, unless otherwise agreed in writing.

17. Publicity and Reference Use

The Customer agrees that Budovan may use the Customer’s name, logo, and a general description of the services provided as a reference in its marketing materials, website, and presentations. Budovan may also publicly share project-related information involving the Customer, provided such information is not protected under applicable privacy laws or specific contractual confidentiality provisions. If the Customer makes public any business matter or project involving Budovan’s services, Budovan may publicly acknowledge its participation in such a project, but shall not disclose further details beyond what the Customer has made public, unless authorized in writing.

Contact

Budovan s.r.o.
Email: info@budovan.com
Address: Ve Streovickach 45/40, 169 00 Praha, Czechia