Terms of service
The mutual rights and obligations of the User and the Operator arising from the use of the Application are governed by these Terms and Conditions of service:
1.1 In these terms and conditions:
1.1.1 “Operator” means Seomaker s.r.o., company registration number 14049082, with registered office at nám. Přátelství 1518/2, Hostivař 102 00 Praha 10.
1.1.2 “Application” means the internet application called Seowritee, whose main functionalities include the creation of SEO articles based on selected keywords and which is accessible from the internet address seowritee.com.
1.1.3 “GTC” means these General Terms and Conditions of service.
1.1.4 “Agreement” means the agreement concluded between the User and the Operator, the subject of which is the granting of a License to the User to use the Application under the terms and conditions set out in these GTC.
1.1.5 “License” means a non-exclusive license to use the Application on the terms and conditions set out in these GTC.
1.1.6 “User” means any legal or natural person other than the Operator who uses the Application.
1.1.7 “User Account” means the non-public part of the Application that is accessible to the User after entering the Login Credentials.
1.1.8 “Login Credentials” means the unique combination of the User’s login name and password selected by the User that the User stores in the Application database when the User establishes a User Account through the Application and/or automatically generated by the Application.
2. Process of concluding a contract for the use of the Application
2.1 The display of the button entitled “Register” in the user interface of the Application is a proposal for the conclusion of the Agreement by the Operator.
2.2 The User’s click on the “Register” button constitutes the User’s unconditional acceptance of the proposal to conclude the Contract and this act constitutes the conclusion of the Contract.
2.3 By clicking on the box (so-called checkbox) containing the description “I accept” and then clicking on the button in the sense of 2.2, the User agrees to these GTC.
2.4 Upon conclusion of the Agreement, the following provisions of these GTC come into force.
3. Use of the Application
3.1 The Operator grants the User a License to the extent and under the terms and conditions set out in the user environment of the Application, in particular those set out for the User Account type.
3.2 For granting the License, the User undertakes to pay the Operator a fee in the amount specified in the Application’s user environment, and if no fee is specified for a particular type of use (especially for a given User Account), the License is granted free of charge.
3.3 In the event that the License is granted for a fee, the Operator shall have the right to provide performance of the Agreement (e.g. to make available a given part or functionality of the Application) only upon payment of the fee for granting the License, and if the User fails to pay the full amount of the fee for the License within the time period specified by the Operator, otherwise immediately, the Agreement shall be terminated without further delay from the beginning.
3.4 The Operator shall be entitled to make the User Account fully and/or partially inaccessible to the User upon expiry of the License Term.
3.5 The User may not establish more than one User Account.
3.6 The User shall not have the right to grant a sub-license to a third party to use the Application.
3.7 All financial transactions made through the Application or the payment gateway linked to the Application shall be deemed to have been paid by crediting the entire amount to the relevant bank account of the Operator.
3.8 The Operator shall have the right to shut down, modify and/or make the Application or any part thereof inaccessible from the relevant Internet address at any time for any reason.
3.9 The User is entitled to use the Application under the terms of the Agreement in the current version available from the relevant Internet address.
3.10 When using the Application, the User undertakes to act in such a way that no damage is caused to him or the Operator by using the Application.
4.1 The User is not entitled to use the Application to extract the database associated with the Application by machine (especially by means of so-called software robots).
4.2 The User and the Operator hereby agree that any data entered by the User into the database of the Application shall be part of the database collected by the Operator and shall become part of the Operator’s database, without the User acquiring any right to the database of the Application by his actions described in this paragraph.
4.3 The Parties are aware, declare and agree that the Application fulfills the conditions of Section 562 (2) of the Civil Code, i.e. that the data records in the Application and its database as an electronic system are reliable and are systematically and sequentially maintained and protected against changes.
5. Liability for damages
5.1 The provisions of this article of the GTC do not apply to consumers.
5.2 The User hereby expressly waives the right to claim damages from the Operator inadvertently or not through gross negligence caused by the Operator’s breach of any obligation of the Operator set forth in the Agreement in connection with the performance of the Agreement or in these GTC.
5.3 The User hereby expressly waives the right to compensation from the Operator for damages caused by the User to third parties by copying texts from other authors.
5.4 In no event and under no circumstances shall the Operator be liable for texts created using the Application. All damages caused by the publication and further distribution of texts created in the Application shall be borne by the User.
5.5 The Operator does not guarantee the achievement of any position in the organic search results in internet search engines for the published content created using the Application.
6. Change to the GTC
6.1 The User acknowledges that the Operator concludes the Agreement in the ordinary course of business with a large number of persons and the Agreements are by their nature binding in the long term for repeated performances of the same kind with reference to these GTC. The Parties make it undisputed that the nature of the Operator’s obligations under these GTCs implies and, prior to the conclusion of the Contract, already implied a reasonable need for a subsequent amendment to these GTCs.
6.2 In the event that a new Contract is entered into for an existing User Account (i.e. a renewal or extension of a User Account), such Contract shall be governed by the GTC as in effect on the date of such Contract.
6.3 The Parties hereby agree that the Operator may amend these GTC and also agree that the amendment to the GTC will be published on the Application and it is the responsibility of the User, as the other party, to become familiar with the changes. The User has the right to reject the changes to the GTC and to terminate the present obligation between him and the Operator for this reason by not paying the fee for the provision of the License in the following month.
7. Protection of personal data
7.1 The Operator is legally obliged to protect and secure the personal data provided. The Operator therefore uses various effective security technologies to protect personal data from unauthorized disclosure or use.
8. Mandatory consumer information
8.1 This section of the GTC Terms and Conditions is only effective against a User who is a consumer. In particular, the provisions set out in this article of the GTC do not apply to sole traders or companies.
8.2 The Operator hereby informs the User that:
8.2.1 the telephone contact of the Operator is provided on the seowritee.com website;
8.2.2 the Operator’s address for delivery of electronic mail is firstname.lastname@example.org;
8.2.3 the Operator’s remuneration for the License is inclusive of all taxes and fees and the amount and/or method of calculation is set out in the Application;
8.2.4 The User shall pay to the Operator the remuneration for the License at the prices set out in the User Environment of the Application. An exception is the possibility of one-time use of the License free of charge.
8.2.5 The User does not incur any delivery costs;
8.2.6 Use of the Application requires access to the Internet and Google Chrome or other Internet browsers, but the Application may not function seamlessly.
8.2.7 The User has the right to withdraw from the Agreement without giving any reason and without any penalty within 30 days of receipt of the performance. Acceptance of performance means the provision of the License;
8.2.8 in relation to the Operator, the User shall not incur any costs for the use of remote means of communication;
8.2.9 The details of the conclusion of the Contract, including these Terms and Conditions, are stored in the Application database and the User has access to them via the User Account.
8.2.10 The User has the possibility to detect errors by checking the User Account;
8.2.11 correction of errors arising during data entry can also be done through the Application and, where the Application does not allow it, through the technical support whose contact is indicated in the Application;
8.2.12 the Operator complies with all applicable laws of the Czech Republic; no other codes are binding on the Operator;
8.2.13 The Operator does not use any means of out-of-court dispute resolution;
8.2.14 the subject of the Agreement is not the delivery of goods, so the provisions of the Act on Complaints do not apply to the Applications; liability for obvious or hidden defects of the Application, which the Application had at the time of its access to the User, can be claimed from the Operator under the conditions provided by the Act, the Agreement and these GTC;
8.2.15 The User is obliged to comply with these GTC, which are also part of the Contract, and the valid and effective legislation of the Czech Republic;
8.2.16 The User may lodge a complaint with a supervisory or state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.
9. Applicable law
9.1 These GTC, as well as the Contract, are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.
9.2 Any disputes arising under the Contract and/or these GTC shall be decided by the courts of the Czech Republic having jurisdiction in the matter and place.
10.1 These GTC shall come into force and effect on February 1, 2022.