Terms of use

1 · WHO OPERATES THE SERVICE

The budevolno.cz service is operated by budevolno.cz s.r.o., Company ID No. 29810701, VAT No. CZ29810701, with registered office at Bílov 159, 743 01 Bílov, data box ID 2c3biv4, registered in the Commercial Register under file No. C 104704 kept by the Regional Court in Ostrava, hereinafter the Operator. Contact: email podpora@budevolno.cz, phone +420 725 783 356.

By using the service you agree to these terms. If you do not agree with them, please do not use the service.

2 · WHAT THE SERVICE DOES

budevolno.cz is a booking service. It gives businesses (hairdressers, massage studios, restaurants and others) a profile, online bookings and a calendar; it lets customers find a free slot and book it.

The Operator only mediates communication and the booking between you and the business. The service itself (a haircut, a massage, a table and so on) is provided by that business on its own responsibility; the Operator is neither its provider nor a party to the booked appointment.

3 · YOUR ACCOUNT AND YOUR RESPONSIBILITY

Give a truthful name and phone number: they are used for the booking confirmation, the reminder the day before, a message if the business cancels or moves your slot, and an offer of a slot that has become free. If you also fill in an email address (which is optional), we send the same messages about your booking there as well; you can unsubscribe from the reminder the day before using the link in the message. The account is personal and you are responsible for anything done under your sign-in.

You must not misuse the service. The following are prohibited in particular:

• •creating fake or bulk bookings, and spam,
• •entering someone else's phone number without the consent of its holder,
• •circumventing the security, verification or limits of the service,
• •conduct that harms businesses, other users or the Operator.

4 · BUSINESS PROFILES: REAL BUSINESSES ONLY

Only real, genuinely operating businesses are presented on budevolno.cz. A business profile may be created and managed only by someone entitled to represent that business: its owner or a person the business has authorised. By creating a profile you confirm that you hold such authorisation and that the details you give are true and up to date.

Creating a profile on someone else's behalf is not allowed. Another party's business belongs only in the hands of its owner: impersonating it, its staff or its representatives, or claiming the name, address, company registration number or online identity of a business you have no relationship with, is a breach of these terms. The following are prohibited in particular:

• •creating profiles of non-existent, invented or no longer operating businesses,
• •impersonating another business or a person entitled to represent it,
• •creating several profiles for the same business, and bulk or automated profile creation,
• •giving untrue details, such as other people's photographs, invented services, prices, opening hours or a registered address,
• •obtaining ratings and bookings that do not correspond to real visits.

5 · VERIFYING A BUSINESS AND REMOVING FAKE PROFILES

A newly created business appears in the public part of the service only after the Operator approves it. Until then you will not find it in Discover or on the map, and it accepts no bookings. Where a company registration number is given, we verify that the entity exists in the public register (ARES).

The Operator reserves the right to ask at any time for proof that the business really exists, is trading, and that you are entitled to represent it, for example by a trade document or by verification on the phone number or email address given.

A profile that is not shown to be genuine, or that the Operator has reasonable grounds to suspect is fake, duplicate, created on someone else's behalf or otherwise in breach of these terms, may be suspended, hidden from the public part of the service or deleted by the Operator. Where this is necessary to protect customers and other businesses, it may be done without prior notice; otherwise we will first ask you to put things right.

If anyone reports a profile as fake or created on someone else's behalf, we will review it and decide within 72 hours of the report at the latest. Where the suspicion is serious, we suspend the profile immediately and review it afterwards.

6 · RANKING OF BUSINESSES

The default order of businesses in Discover and in the list next to the map (the "Best match" order) is determined by three main parameters: the distance of the business from the location the customer has permitted or chosen (50%), ratings from guests after a completed visit (30%) and how complete the business's profile is (20%). If we do not know the location of the customer or of the business, distance is not used and the order is decided by ratings and profile completeness in the same proportion to each other.

In Discover, businesses are first split by the radius the customer chooses: businesses within the radius come first, followed by those further away and finally those whose location we do not know. The parameters above decide the order within each of these groups. Without the customer's location, businesses are not split by radius.

The customer can also choose another order: by distance, by the earliest free slot or by rating. A detailed description of every order, of the calculation and of how ratings are verified is on the page budevolno.cz/jak-radime.

There is no paid placement or highlighting in the order. The order is not affected by a business's plan, subscription or any other payment to the Operator. We measure profile completeness in the same way for every business, from the details the business fills in itself, and none of the measured items depends on a paid plan.

7 · BOOKINGS, CHANGES AND CANCELLATIONS

A booking is a commitment towards the business. Each business sets its own rules for moving and cancelling a booking, including any cancellation fees, and those rules prevail over the general wording of these terms.

You can manage a booking in your account or directly with the business. Repeatedly failing to turn up without notice may lead to your ability to book being restricted.

If a business requires a deposit or the price of the service in advance, you pay it directly to the business into its account; the platform operator neither receives nor holds that payment and issues no receipt for it. Refunds of such a payment, including when a booking is cancelled, are handled directly with the business under its terms. Once the deadline shown with the payment passes, the business may cancel an unpaid booking or an unpaid sign-up for a class or course; it is cancelled automatically only if the business has linked its bank account with us (payment matching).

A gift voucher you buy online on a business's page is sold by the business: the payment goes directly to its account with the payment gateway, and the platform operator neither receives nor holds it and issues no receipt for it. We email you the voucher as soon as it is paid; it is redeemed at the business until the expiry date shown on it. Refunds for a voucher are handled directly with the business under its terms.

The same applies to a pass you buy online on a business's page: it is sold by the business, the payment goes directly to its account with the payment gateway, and the platform operator neither receives nor holds it and issues no receipt for it. We email you a confirmation as soon as it is paid, and the business keeps the pass on your customer record. Refunds for a pass are handled directly with the business under its terms.

The number of text messages sent to you for a single business is limited for technical reasons (at most eight in 24 hours). An ordinary customer will never reach that limit; it exists so that repeated booking and cancelling cannot drain the business's message credit.

8 · PLANS AND PAYMENTS

For customers, basic use is free; the optional higher plans (currently Plus and Platinum) are paid. Businesses get a basic profile and bookings free of charge; higher plans are paid.

The prices of paid plans and message bundles are shown in the application and are binding; the price displayed at the moment the order is confirmed is the one that applies. Prices for businesses are exclusive of VAT, which is added in accordance with the applicable rules. Payments are processed by a secure payment gateway; the Operator does not store payment card details.

9 · BUSINESS'S OWN DOMAIN

A business on the paid Premium plan may display its profile on a subdomain of its own internet domain. This section applies only to a business that connects its own domain; by connecting the domain, the business agrees to it.

The business is responsible for being entitled to the domain and for the DNS records it sets for it. The content of the profile on its own domain follows the same rules as on budevolno.cz and the business is responsible for it in the same way. Bookings take place on budevolno.cz.

If the Premium plan ends, the domain verification stops being valid or the business breaches these terms, the operator disconnects the domain from the profile.

10 · TEXT SUGGESTED BY ARTIFICIAL INTELLIGENCE

In the administration a business can have a text suggested for some parts of its profile (About us, Why us, Frequently asked questions). The suggestion is prepared by a language model (artificial intelligence) only from the details the business has given about itself on its profile. This section applies only to a business that requests a suggestion; by requesting a suggestion the business agrees to it.

A text suggested by artificial intelligence is only a suggestion. It may be inaccurate or incomplete, so the business checks it before saving and edits it as needed. It is not published on the profile by itself; the business is responsible for the content it publishes on its profile in the same way as for a text it wrote itself.

The number of suggestions per day is limited. How we handle the business's details for a suggestion is described in the Privacy Policy.

11 · HOW THE CONTRACT IS CONCLUDED

You conclude the contract for a paid plan or for additional text messages in the application: you choose a plan or a bundle, check the price and the billing period at checkout, for a customer plan you ask for it to be made available immediately after payment, and you complete the payment on the secure page of the payment gateway. The contract is concluded at the moment the payment gateway confirms the payment.

Until you complete the payment, you can correct your details at checkout and on the payment gateway page, or leave the order; nothing is paid and no contract is made.

The contract is concluded in Czech; the English version of these terms is only a translation. It consists of these terms as worded on the day of the order and the order details, which we keep with your account together with the tax document. After a customer pays for a plan, we send a confirmation of the contract by email; you will find your subscription and documents in your account.

12 · WITHDRAWAL FROM THE CONTRACT WITHIN 14 DAYS (CONSUMERS)

If you are a consumer (that is, a natural person not ordering in the course of their business), you have the right to withdraw from the contract for a paid plan or for additional text messages within 14 days without giving a reason. The period runs from the day the contract is concluded, that is from the confirmation of the order.

To withdraw, any unambiguous statement sent to podpora@budevolno.cz is enough; an email will do. You may also use the model withdrawal form, which is part of these terms below. The deadline is met if you send the withdrawal no later than on its last day.

Paid plans: we make the plan available immediately after payment only at your express request, which you make by ticking the box at checkout. If you then withdraw within 14 days, you pay a proportionate part of the price for the period during which the service was available to you, and we refund the rest of the amount paid. For example, on an annual plan costing 690 CZK with withdrawal on the tenth day, we keep roughly 19 CZK and refund roughly 671 CZK. If no such request is recorded with the order, we refund the full amount paid.

Additional text messages: we refund the price of the messages you had not used by the time of withdrawal. The price of messages already sent cannot be refunded, as they have been delivered and carry our costs with the mobile operator.

We refund the money within 14 days of receiving the withdrawal at the latest, by the same means you used to pay, unless we agree otherwise. You incur no fees for this. We issue a corrective tax document for it.

Businesses (traders) do not have this statutory right. Even so, we allow them to obtain a refund on the same conditions voluntarily: we see it as part of dealing fairly, not as an obligation.

After the 14 days have passed, the period paid for is not refunded and the plan runs to the end of that period. You can cancel it at any time; cancelling stops it from renewing.

13 · MODEL WITHDRAWAL FORM

Complete and send this form only if you wish to withdraw from the contract. It is not mandatory; any other unambiguous statement will do.

To: budevolno.cz s.r.o., Bílov 159, 743 01 Bílov, podpora@budevolno.cz

I hereby give notice that I withdraw from the contract for the provision of this service: ……………………

Date of order: …………………… · Name of consumer: ……………………

Address of consumer: …………………… · Email used for the order: ……………………

Signature of consumer (only if this form is sent on paper): …………………… · Date: ……………………

14 · COMPLAINTS ABOUT PAID SERVICES

The Operator is responsible for a paid plan and additional text messages working as the application describes. If a paid feature does not work, you can make a complaint by email to podpora@budevolno.cz: tell us what does not work, since when, and for which account.

We confirm receipt of the complaint by email and settle it without undue delay, within 30 days of it being made at the latest; we send you written confirmation of how it was settled. If we do not settle it within that period, you may withdraw from the contract.

If you are a consumer, you have the right to have the defect remedied free of charge. If it cannot be remedied, if we do not remedy it within a reasonable time, or if it is substantial, you have the right to a reasonable price reduction; unless the defect is minor, you may also withdraw from the contract.

Complaints about the business's own service (for example a treatment or a voucher it sold) go to the business that provided it; the Operator is not responsible for it.

15 · AVAILABILITY AND LIMITATION OF LIABILITY

We do our best to run the service reliably, but we do not guarantee uninterrupted availability, nor do we answer for how businesses behave. To the extent permitted by law, we are not liable for damage caused by the service being unavailable, by an error in a business's data or by a business failing to perform.

We are not responsible for the content and operation of third-party services referred to in the application, such as map data or the payment gateway.

16 · DATA PROTECTION

The processing of personal data (name, phone number, email address, bookings) is governed by the Privacy policy. You have the right to access your data, to have it corrected and to have it erased.

17 · CHANGES TO THE TERMS, AND ENDING YOUR USE

We may change these terms to a reasonable extent. A new wording applies from the date given at the top. We will tell you about substantial changes on your first visit after they are published on which you are signed in: before you continue using the service, we will ask you to agree to the new wording. The current wording is always on this page.

You can stop using the service at any time by deleting your profile in your Account (Account → Profile deletion). Deletion is irreversible; we remove your personal data and cancel your future bookings and your places in future classes and courses, while past bookings with businesses remain as an anonymous operational record. Bookings made without signing in or by phone are an exception: we cannot demonstrably link those to your account, so your name and phone number stay on the customer record held by that business. You can ask that business directly to delete them, or ask us at podpora@budevolno.cz.

If you have a paid plan, deleting your profile ends its subscription so that nothing more is charged: a paid period will not renew and an unpaid one is cancelled straight away. Deleting your profile does not by itself refund the amount paid; your right to withdraw from the contract under the section on withdrawal is not affected.

If you are a business, write to us at podpora@budevolno.cz. Cancel the bookings you have already taken yourself in the administration before the account is closed (in the Calendar, and class and course dates in Classes and courses), so that your customers get a message about the cancellation and nobody arrives at a closed door. If a message cannot be delivered to someone (for example because you have run out of text-message credit), the administration shows you who it is so that you can call them. We will then close the business profile so that it takes no new bookings, and close your account; we will deal with the data you have entered into the app under the data processing agreement annexed to these terms. A paid subscription runs to the end of the period paid for.

The Operator reserves the right to delete a profile and an account in the event of a breach of these terms or after long inactivity, meaning no sign-in for more than one year. If the contact details you gave allow it, we will warn you in advance before deleting for inactivity.

18 · GOVERNING LAW AND CONTACT

The relationship is governed by the law of the Czech Republic. Consumer rights under Czech law remain unaffected; a consumer has the right to out-of-court dispute resolution before the Czech Trade Inspection Authority (coi.cz).

Please send questions and requests to podpora@budevolno.cz.

19 · ANNEX FOR BUSINESSES: DATA PROCESSING AGREEMENT

This annex is a data processing agreement under Art. 28(3) GDPR between the business using the service (the business, acting as controller) and the Operator named at the beginning of these terms (acting as processor). The business concludes it by accepting these terms, when registering the business or when asked to agree to a new version of them. It is concluded electronically, which counts as written form under Art. 28(9) GDPR. The Operator keeps the business's identification (name and company registration number) in its profile.

The agreement covers personal data that the business puts into the application, in particular an imported customer file, a price list with appointments, bookings written in at the counter, notes, and records of loyalty stamps, vouchers and passes. For data a customer gives the Operator directly (an account, a booking through budevolno.cz), the Operator is the controller and this agreement does not apply. The same record can fall under both roles; what decides is where the data came from.

An exception is the answer a customer writes to the business's question in the booking form: the business asks the question and only the business uses the answer, so the business is its controller and the Operator processes it under this agreement, even if the customer booked through budevolno.cz.

The Operator processes the data for as long as the business uses the service, and only to run the booking service for the business: keeping the customer file, recording and managing bookings, communicating with customers about their appointments and giving the business its overviews. The nature of the processing is storage, organisation, display, use, sending a message to a customer, and erasure. Data subjects and data concerned:

• •the business's customers: name, phone number, optionally email address, the business's note, details of bookings, class sign-ups, visits and advance payments (time, service, staff member, price, status), loyalty stamps, vouchers and passes, group membership and refusal of offers,
• •the business's staff: name or nickname, role, introduction and photograph (published only with the staff member's consent), an internal email address for sending their schedule, working hours and absences.

20 · DATA PROCESSING AGREEMENT: HEALTH DATA AND THE BUSINESS'S INSTRUCTIONS

The business does not put special categories of personal data under Art. 9 GDPR into the application, in particular data about customers' health. The application offers no feature for this; if the business nevertheless enters such data in free text, for example in a note, it does so at its own responsibility and informs the Operator without undue delay, so that the parties can remove the data or agree on further measures.

The exception is the fact that a staff member is absent due to illness, which the business may choose when recording an absence: the Operator processes it only to work out free slots and shows it only to members of the business's team. Text that a customer writes themselves in a note or as an answer to the business's question in the booking form is not searched or evaluated by the Operator, is not sent to subscribed calendars and is erased on erasure.

The Operator processes the data only on documented instructions from the business, including as regards transfers to a third country. A documented instruction is this agreement and the terms, an action the business takes in the application (for example uploading a file, writing in a booking, switching messages on or off, changing a setting or reverting an import) and a written instruction sent to podpora@budevolno.cz. It is also the business's instruction that a customer who creates an account with the Operator and verifies their phone number can see their bookings with the business in that account.

If the Operator considers that an instruction infringes data protection rules, it tells the business and need not carry it out. It does not use the business's data for its own purposes, in particular not for its own marketing, does not sell it and does not pass it to anyone other than the sub-processors listed below. It may process aggregated anonymous data about use of the service from which nobody can be identified.

21 · DATA PROCESSING AGREEMENT: THE OPERATOR'S OBLIGATIONS AND SUB-PROCESSORS

The Operator ensures that people with access to the data are bound by confidentiality, also after their cooperation ends, and gives access only to those who need it. It has taken the technical and organisational measures under Art. 32 GDPR described in the last part of this annex; it may change them, but not so that the level of security goes down.

The Operator cannot sign in to the business's administration on its behalf and looks at the business's data only with its express consent, to the extent and for the time necessary. The exception is the Operator's support desk: for a customer who has their own account with the Operator, it can see that customer's bookings with the business, limited to business, service, time and status and without the business's notes, in order to support that customer and protect the service. The second exception is the Operator's email inbox: for an email the Operator receives or sends, it looks up the addresses of the sender and the recipients in the customer files and teams of businesses, in order to assign the message to the right business and to handle it or pass it on to the business. About the person concerned it sees only the name recorded with that address and the name of the business. Every look is written to an audit log kept for 24 months.

The business gives the Operator general authorisation to engage sub-processors. As of this version, they are:

• •Supabase: database, sign-in and file storage; processing in Ireland (EU),
• •Vercel: running and hosting the application; processing in Ireland (EU),
• •GoSMS: sending text messages to the business's customers; processing in the Czech Republic,
• •Resend: sending emails to the business's customers and staff; processing in the USA on the basis of the EU-U.S. Data Privacy Framework, under which Resend is certified, and standard contractual clauses,
• •Cloudflare: an encrypted backup copy of the database in R2 storage in the European Union; for a business on a paid Premium plan, also a copy of the photos and logo from its public profile there, which is not encrypted with a separate key,
• •Google (Google Workspace): the Operator's mailbox, if the business sends data or an instruction by email; transfers outside the EU are covered by standard contractual clauses.

22 · DATA PROCESSING AGREEMENT: CHANGES OF SUB-PROCESSORS AND CUSTOMERS' RIGHTS

The Operator notifies the business of any intended addition or replacement of a sub-processor at least 30 days in advance, by email to the account address and in the administration. The business may raise a reasoned objection within 30 days of the notice; if the parties do not agree within 30 days of the objection, the business may terminate the agreement as of the date of the change, without penalty and with a refund of the proportionate part of its subscription. The Operator imposes the same data protection obligations on sub-processors as it has itself, and is liable for their performance as for its own.

The following are not sub-processors: the Stripe payment gateway for advance payments, vouchers and passes, because these go through the business's own Stripe account under its own contract with Stripe; Google for the wallet card, which the customer saves there themselves; and the services of browser makers that deliver device notifications in encrypted form which they cannot read.

The Operator helps the business deal with requests from customers and staff for access, correction, erasure, restriction of processing, portability and objection. The business can view, correct and delete the data itself in the application; an export in a machine-readable format or other assistance beyond these features is provided by the Operator on request within 5 working days. If a customer sends such a request directly to the Operator, the Operator passes it to the business within 3 working days and tells the customer so.

23 · DATA PROCESSING AGREEMENT: SECURITY BREACHES, ERASURE AND AUDIT

If the Operator discovers a breach of security affecting the business's data, it reports it to the business without undue delay and within 48 hours at the latest, describing the nature of the breach, the people and records affected, the likely consequences and the measures taken; whatever is not known straight away it adds as it becomes known. The Operator also helps the business with a data protection impact assessment and with prior consultation with the Czech Office for Personal Data Protection, if needed.

When the business stops using the service, the Operator, at the business's choice, either erases the data or returns it to the business in a machine-readable format and erases the copies, unless the law requires them to be kept. The business states its choice within 30 days; otherwise the Operator erases the data after a prior warning. It carries out the erasure within 30 days. The data may survive in backups for no more than 14 days, and in the backup copy outside the main infrastructure for no more than 90 days, and the Operator does not deliberately restore it from them. On request, it confirms the erasure in writing.

The Operator gives the business the information needed to demonstrate that it meets its obligations under Art. 28 GDPR, and allows audits, including inspections, by the business or by an auditor bound by confidentiality who is not a competitor of the Operator. An audit is announced at least 30 days in advance, takes place no more than once every 12 months plus after a security breach affecting the business's data, and must not disrupt operations unreasonably. The business bears the costs, unless the audit finds a material breach of the Operator's obligations. The Operator may also meet the duty to demonstrate compliance by providing documentation of the measures.

The data is processed in the European Union. It is transferred to a third country only by the sub-processors listed above and only on the basis of safeguards under Chapter V GDPR; otherwise only where Union or Member State law requires it, and in that case the Operator informs the business in advance, unless that law prohibits it.

24 · DATA PROCESSING AGREEMENT: LIABILITY, DURATION AND MEASURES

Each party is liable for damage caused by processing that infringes GDPR in accordance with Art. 82 GDPR. The parties reimburse each other for amounts they had to pay because of a breach of the other party's obligations, including fines imposed by a supervisory authority and reasonable legal costs. The limitation of liability in these terms does not apply to these obligations to the extent that such a limitation is not permitted under GDPR.

The agreement lasts for as long as the business uses the service. Confidentiality, erasure or return of the data, demonstration of compliance and audit, and liability continue after it ends for as long as needed. The Operator may update the list of sub-processors and the description of measures using the procedure for changing a sub-processor, but must not lower the level of protection. The agreement is governed by Czech law; on data protection matters it takes precedence over the other parts of these terms.

Technical and organisational measures:

• •all communication is encrypted (HTTPS with enforced HSTS); the database and storage are encrypted at rest, and database backups additionally with a separate key held outside the database; copies of the public photos and logos of businesses on a paid Premium plan are not encrypted with a separate key,
• •only a member of the business's team, verified on the server with every request, has access to the business's administration, a receptionist only as far as that role allows; the Operator looks at the business's data only in the cases set out above in this annex; two-factor authentication, where the account has it switched on, is enforced on every request to the administration,
• •the database has row level security switched on, and the key with full access is only on the server, never in the browser,
• •backups are made twice a day with a copy outside the main infrastructure, kept for 14 days (the copy outside the main infrastructure for no more than 90 days), and restoring them has been rehearsed; operations are monitored automatically,
• •public forms are protected by a bot check (Cloudflare Turnstile), a guest booking without an account by verifying the phone number with a code sent by text message, write paths by limits on the number of requests, and sending text messages by separate limits per number, per business and for the whole service,
• •no messages are sent about appointments brought in by import until the business switches them on, and every import batch can be traced and reverted,
• •secret keys exist only in the server environment and are changed after any leak; we check changes to the application with automated tests.