Terms and Conditions
These General Terms and Conditions govern the rights and obligations of contracting parties when CALDERON CZECH REPUBLIC s.r.o. provides the JamesBot service.
Effective from October 31, 2025
Introduction
These General Terms and Conditions (hereinafter referred to as “GTC”) of CALDERON CZECH REPUBLIC s.r.o., with registered office at Květinová 127, Svádov, 403 22 Ústí nad Labem, Company ID: 27582787, VAT ID: CZ27582787, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 36151 (hereinafter referred to as the “Provider”), govern the mutual rights and obligations of the contracting parties arising in connection with or based on a contract for the provision of the JamesBot service (hereinafter referred to as the “Contract”) concluded between the Provider and another natural or legal person (hereinafter referred to as the “User”) through the Provider’s website located at www.jamesbot.cz (hereinafter referred to as the “Website”).
Article 1 and 2: Introductory Provisions and Scope
1.1. These GTC govern the mutual rights and obligations of the Provider and the User arising in connection with or based on the Contract concluded between the Provider and the User.
1.2. The provisions of the GTC are an integral part of the Contract. The Contract and GTC are drafted in the Czech language. The Contract can be concluded in the Czech language.
1.3. The wording of the GTC may be amended or supplemented by the Provider. This provision does not affect rights and obligations arising during the period of validity of the previous version of the GTC.
2.1. These GTC apply to the provision of the JamesBot service by the Provider to the User.
2.2. The subject of the Contract is the provision of access to the JamesBot service, which is a software tool for automation and optimization of business processes using artificial intelligence.
2.3. The Provider provides the JamesBot service in the form of a subscription, the details of which are specified in Article 5 of these GTC.
Article 3: Definitions
For the purposes of these GTC, the following terms have the following meanings:
- a) Provider—CALDERON CZECH REPUBLIC s.r.o., with registered office at Květinová 127, Svádov, 403 22 Ústí nad Labem, Company ID: 27582787, VAT ID: CZ27582787, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 36151.
- b) User—a natural or legal person who has concluded a Contract with the Provider for the provision of the JamesBot service.
- c) JamesBot Service (or “Service”)—a software tool provided by the Provider that enables automation and optimization of business processes using artificial intelligence, accessible through the Website.
- d) Website—the Provider’s website located at www.jamesbot.cz, through which the JamesBot service is provided.
e) User Account—a User’s account on the Website created during registration, through which the User accesses the JamesBot service.
f) Subscription—a paid service model where the User pays a regular fee for access to the JamesBot service.
g) Subscription Fee—the fee that the User pays to the Provider for access to the JamesBot service within the Subscription.
h) Free Trial Period—a limited period during which the User can use the JamesBot service free of charge.
i) Personal Data—all information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, network identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
Article 4: Contract Conclusion
4.1. The Contract is concluded by the User’s registration on the Website and creation of a User Account.
4.2. By registering on the Website, the User confirms that they have read these GTC and agree to them.
4.3. The Contract is concluded at the moment of successful creation of the User Account.
4.4. The User is obliged to provide truthful and complete information during registration. The User is obliged to inform the Provider without undue delay of any changes to the information provided.
4.5. The Provider is entitled to refuse to conclude the Contract with the User, especially if the User has previously materially breached the Contract or these GTC.
4.6. The User acknowledges that the Contract may not always be concluded, and that they have no claim to the conclusion of the Contract with the Provider.
Article 5: Payment of Remuneration, Subscription
5.1. The User is obliged to pay the Provider a Subscription Fee for access to the JamesBot service.
5.2. The amount of the Subscription Fee and payment terms are specified on the Website and in the User Account.
5.3. The Subscription Fee is payable in advance for the relevant billing period (monthly, annually, or otherwise as specified on the Website).
5.4. The User is obliged to pay the Subscription Fee by the due date specified in the invoice or on the Website.
5.5. In case of delay in payment of the Subscription Fee, the Provider is entitled to suspend access to the JamesBot service until the Subscription Fee is paid.
5.6. If the User does not pay the Subscription Fee within 14 days of the due date, the Provider is entitled to terminate the Contract without notice.
5.7. The Provider may offer the User a Free Trial Period, during which the User can use the JamesBot service free of charge. The terms of the Free Trial Period are specified on the Website.
5.8. After the end of the Free Trial Period, the User’s Subscription will automatically convert to a paid Subscription, unless the User cancels the Subscription before the end of the Free Trial Period.
5.9. The User can cancel the Subscription at any time through the User Account. Cancellation of the Subscription takes effect at the end of the current billing period.
5.10. The Subscription Fee paid for the current billing period is non-refundable, except in cases where the law provides otherwise.
Article 6: Use of the JamesBot Service
6.1. The User is entitled to use the JamesBot service in accordance with these GTC and the Contract.
6.2. The User is obliged to use the JamesBot service only for lawful purposes and in accordance with these GTC.
6.3. The User is prohibited from:
- a) Using the JamesBot service in a manner that could damage, disable, overload, or impair the operation of the Service or interfere with the use of the Service by other Users.
- b) Attempting to gain unauthorized access to the JamesBot service, User Accounts of other Users, or computer systems or networks connected to the Service.
- c) Using the JamesBot service to transmit viruses, malware, or other harmful code.
- d) Using the JamesBot service to transmit spam, chain letters, or other unsolicited communications.
e) Using the JamesBot service to violate the rights of third parties, including intellectual property rights, privacy rights, or other personal rights.
f) Using the JamesBot service to disseminate illegal, offensive, defamatory, or otherwise inappropriate content.
g) Using the JamesBot service for commercial purposes without the Provider’s consent.
h) Copying, modifying, distributing, selling, or leasing any part of the JamesBot service or included software.
i) Attempting to reverse engineer, decompile, or disassemble the software that is part of the JamesBot service.
j) Removing, altering, or obscuring any copyright, trademark, or other proprietary rights notices from the JamesBot service.
k) Using the JamesBot service in a manner that violates applicable laws or regulations.
l) Using the JamesBot service to create a competing product or service.
m) Using automated tools (bots, scrapers) to access the JamesBot service without the Provider’s consent.
n) Sharing access to the User Account with third parties without the Provider’s consent.
6.4. The User acknowledges that the Provider is entitled to monitor the use of the JamesBot service and take measures to prevent misuse of the Service.
6.5. If the User violates these GTC or the Contract, the Provider is entitled to suspend or terminate access to the JamesBot service and terminate the Contract without notice.
Article 7: Limitation of Liability
7.1. The Provider is not liable for damages arising from the use or inability to use the JamesBot service, unless such damages were caused intentionally or through gross negligence by the Provider.
7.2. The Provider is not liable for damages arising from:
- a) Interruption or unavailability of the JamesBot service caused by technical failures, maintenance, updates, or other circumstances beyond the Provider’s control.
- b) Loss of data or information stored in the User Account.
- c) Unauthorized access to the User Account by third parties.
- d) Use of the JamesBot service in violation of these GTC or the Contract.
e) Use of the JamesBot service for purposes for which it is not intended.
f) Decisions made by the User based on information or recommendations provided by the JamesBot service.
7.3. The Provider does not guarantee that the JamesBot service will be available without interruption, error-free, or secure.
7.4. The Provider does not guarantee that the results obtained through the use of the JamesBot service will be accurate, reliable, or suitable for the User’s purposes.
7.5. The User uses the JamesBot service at their own risk.
7.6. The Provider’s total liability for damages arising from the Contract or these GTC is limited to the amount of the Subscription Fee paid by the User for the last 12 (twelve) months.
Article 8: Other User Obligations
8.1. The User is obliged to:
- a) Provide truthful and complete information during registration and inform the Provider without undue delay of any changes to the information provided.
- b) Keep the access credentials to the User Account confidential and not share them with third parties.
- c) Immediately inform the Provider if they become aware of unauthorized access to the User Account.
- d) Use the JamesBot service in accordance with these GTC and the Contract.
e) Pay the Subscription Fee by the due date.
f) Comply with applicable laws and regulations when using the JamesBot service.
g) Not use the JamesBot service in a manner that could damage the Provider’s reputation or the reputation of the JamesBot service.
h) Cooperate with the Provider in resolving any issues related to the use of the JamesBot service.
i) Regularly back up data and information stored in the User Account.
j) Immediately inform the Provider of any defects or issues with the JamesBot service.
Article 9: Information for Consumers
9.1. If the User is a consumer (a natural person who, when concluding and performing the Contract, does not act within the scope of their business activity or independent exercise of their profession), the following provisions apply:
- a) The User has the right to withdraw from the Contract within 14 days of the conclusion of the Contract, without stating a reason.
- b) The withdrawal period expires 14 days from the day of conclusion of the Contract.
- c) To exercise the right of withdrawal, the User must inform the Provider of their decision to withdraw from the Contract by an unambiguous statement (for example, a letter sent by post or email).
- d) The User can use the model withdrawal form, but it is not mandatory.
e) To meet the withdrawal deadline, it is sufficient for the User to send notification of the exercise of the right of withdrawal before the withdrawal period expires.
f) If the User withdraws from the Contract, the Provider will return all payments received from the User, including delivery costs (except for additional costs arising from the User’s choice of a delivery method other than the least expensive standard delivery offered by the Provider), without undue delay and in any case no later than 14 days from the day on which the Provider was informed of the User’s decision to withdraw from the Contract.
g) The Provider will make the refund using the same means of payment that the User used for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any fees in connection with this refund.
h) If the User has requested that the provision of services begin during the withdrawal period, the User shall pay the Provider an amount proportionate to what has been provided until the User has informed the Provider of the exercise of the right of withdrawal from the Contract, in comparison with the full coverage of the Contract.
i) The right of withdrawal from the Contract cannot be exercised by the consumer in cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, in particular if the Contract is for the provision of services and the services have been fully provided with the consumer’s prior express consent before the expiry of the withdrawal period and the Provider informed the consumer before concluding the Contract that in such a case they do not have the right of withdrawal.
j) In case of a dispute arising from the Contract, the consumer has the right to contact the Czech Trade Inspection Authority (www.coi.cz) for out-of-court resolution of the dispute.
k) The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/.
Article 10: Other Provisions
10.1. The Provider is entitled to change these GTC at any time. The Provider will inform the User of the change to the GTC by email or by notification in the User Account at least 30 days before the effective date of the change.
10.2. If the User does not agree with the change to the GTC, they are entitled to terminate the Contract with effect from the date of effectiveness of the change to the GTC.
10.3. If the User does not terminate the Contract in accordance with the previous paragraph, it is considered that they agree with the change to the GTC.
10.4. The Provider is entitled to suspend the provision of the JamesBot service for the time necessary to perform maintenance, updates, or other technical work.
10.5. The Provider will inform the User of planned suspension of the provision of the JamesBot service in advance, if possible.
10.6. The Provider is entitled to terminate the Contract with a notice period of 30 days. The notice period begins on the first day of the month following the month in which the notice was delivered to the User.
10.7. The User is entitled to terminate the Contract at any time through the User Account. Termination of the Contract takes effect at the end of the current billing period.
10.8. The Provider is entitled to terminate the Contract without notice if the User materially breaches the Contract or these GTC.
10.9. Material breach of the Contract or these GTC includes in particular:
- a) Delay in payment of the Subscription Fee for more than 14 days.
- b) Use of the JamesBot service in violation of Article 6 of these GTC.
- c) Provision of false or incomplete information during registration.
- d) Unauthorized sharing of access to the User Account with third parties.
10.10. Upon termination of the Contract, the User’s access to the JamesBot service will be terminated.
10.11. The Provider will retain the User’s data for a period of 30 (thirty) days after termination of the Contract, after which the data will be deleted or anonymized in accordance with applicable regulations on personal data protection.
10.12. The User acknowledges that after deletion or anonymization of data, it will not be possible to restore access to the JamesBot service or the data stored in the User Account.
10.13. If the User does not use the User Account for a period of 12 months, the Provider is entitled to delete the User Account and all data stored in it.
Article 11: Processing of Personal Data
11.1. The Provider processes the User’s Personal Data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Act No. 110/2019 Coll., on the processing of personal data, as amended.
11.2. The Provider processes the User’s Personal Data for the purpose of:
- a) Fulfilling the Contract and providing the JamesBot service.
- b) Communicating with the User.
- c) Sending marketing communications, if the User has given consent.
- d) Fulfilling legal obligations of the Provider.
e) Protecting the Provider’s legitimate interests.
11.3. The Provider processes the following categories of the User’s Personal Data:
- a) Identification and contact data (name, surname, email address, telephone number, address).
- b) Data related to the use of the JamesBot service (login data, IP address, information about the use of the Service).
- c) Payment data (information about payments, invoices).
11.4. The Provider will retain the User’s Personal Data for the period necessary to fulfill the purposes for which the Personal Data are processed, but no longer than for a period of 12 (twelve) months after termination of the Contract, unless a longer retention period is required by law.
11.5. After the expiry of the retention period, the Personal Data will be deleted or anonymized.
11.6. The User has the right to:
- a) Access their Personal Data.
- b) Rectify inaccurate Personal Data.
- c) Erase Personal Data (right to be forgotten).
- d) Restrict the processing of Personal Data.
e) Data portability.
f) Object to the processing of Personal Data.
g) Withdraw consent to the processing of Personal Data, if the processing is based on consent.
h) Lodge a complaint with the Office for Personal Data Protection (www.uoou.cz).
11.7. Detailed information on the processing of Personal Data is contained in the Provider’s Privacy Policy, which is available on the Website.
11.8. By concluding the Contract, the User confirms that they have been informed of the processing of their Personal Data and that they agree to the processing of their Personal Data in accordance with these GTC and the Privacy Policy.
Article 12: Final Provisions
12.1. These GTC take effect on October 31, 2025.
12.2. The Contract and these GTC are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.
12.3. If any provision of these GTC is or becomes invalid or ineffective, the invalid or ineffective provision shall be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.4. The Provider is entitled to assign rights and obligations arising from the Contract to a third party. The User is entitled to assign rights and obligations arising from the Contract to a third party only with the prior written consent of the Provider.
12.5. The Provider and the User undertake to maintain confidentiality regarding all facts they have learned in connection with the performance of the Contract, unless otherwise provided by law.
12.6. All disputes arising from the Contract or these GTC will be resolved by the courts of the Czech Republic.
12.7. If the User is a consumer, disputes arising from the Contract can be resolved out of court through the Czech Trade Inspection Authority (www.coi.cz) or through the online dispute resolution platform of the European Commission (http://ec.europa.eu/consumers/odr/).
12.8. The Provider is not bound by any codes of conduct in relation to the User within the meaning of Section 1826(1)(e) of the Civil Code.
12.9. The Provider is entitled to sell goods or provide services based on a trade license. Trade licensing control is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
j) These GTC, including all their annexes and amendments, represent the complete agreement between the Provider and the User regarding the subject matter of the Contract and supersede all previous agreements and understandings, whether written or oral, relating to the subject matter of the Contract.
Contact
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