Terms and conditions

GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES IN THE FIELD OF ARTIFICIAL INTELLIGENCE (AI)

valid from May 19, 2025

I. CONTRACTING PARTIES

  1. The service provider is Soft Studio s.r.o., with its registered office at Gaštanová 3089/50, 010 07 Žilina, Slovak Republic, Company ID: 50 392 115, Tax ID: 2120305682, VAT ID: SK2120305682, registered in the Commercial Register of the District Court Žilina, Section: Sro, Insert No. 65956/L, e-mail: ai@defuuss.eu (hereinafter referred to as the "provider").
  2. The customer is a natural or legal person who orders services offered by the provider in the field of AI (hereinafter referred to as the "customer").
  3. The supervisory authority is the SOI Inspectorate for the Žilina Region, located at Predmestská 71, 010 01 Žilina, Department of Supervision, phone: 041/763 21 30; 39, fax: 041/763 21 39.

II. GENERAL PROVISIONS

  1. These general terms and conditions (hereinafter referred to as the "GTC") regulate the rights and obligations of the contracting parties in the provision of services in the field of AI.
  2. The GTC apply to each provision of a service under Article II, point 1, in case the contracting parties do not conclude a written contract or order with different terms. In the event of a separate written contract or order, the conditions agreed upon in the contract or order take precedence.
  3. Rights and obligations of the contracting parties not explicitly regulated by these GTC shall, in the case of a customer – consumer, be governed by the relevant provisions of Act No. 40/1964 Coll. – the Civil Code, as amended, and related regulations, and in the case of a customer – entrepreneur, by the relevant provisions of Act No. 513/1991 Coll. – the Commercial Code, as amended, and related regulations, primarily according to the provisions on the contract for work under the applicable legal regulations.

III. CONCLUSION OF THE CONTRACT

  1. The offer to conclude a contract for work is the submission of an order via the provider's website located at https://www.defuuss.eu/ (hereinafter referred to as the "website").
  2. The contract for work is concluded at the moment of acceptance of the offer to conclude a contract for work by the provider or confirmation of the order in electronic form.
  3. If it is not possible to conclude a contract for work in the wording according to the customer's proposal, the provider shall send an adjusted draft of the terms instead of acceptance, which will be considered a new proposal for the conclusion of the contract. In such a case, the contract is concluded at the moment of acceptance of the new proposal by the customer.
  4. If the contract for work is concluded otherwise than via the website, these GTC will form an annex to such a contract.

IV. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

  1. The provider undertakes to deliver the service to the customer in the quality and scope specified in the contract within the agreed deadline. If the quality and scope are not clearly defined, the provider must deliver the service in such a way that it fulfills its purpose, if apparent from the contract, or otherwise for the purpose for which it is usually used.
  2. The provider is obliged to deliver the service in compliance with the legal regulations of the Slovak Republic.
  3. The provider must hand over to the customer all materials necessary for using the service, especially providing it electronically and supplying a user manual, if applicable.
  4. The provider reserves the right to cancel the order even after its acceptance if the ordered service cannot be delivered. In this case, if the service has already been paid, the provider will refund the payment to the customer as soon as possible or offer a replacement service. This does not apply if the service cannot be delivered due to additional customer requirements that the provider could not foresee; in that case, the provider is entitled to reimbursement for the work already performed.
  5. The customer is obliged to accept the service, pay the agreed fee, and confirm receipt of the service.
  6. A consumer customer has the right to withdraw from the contract within 14 days of its conclusion without giving a reason under § 20 section 1 letter a) of Act No. 108/2024 Coll. on Consumer Protection. This does not apply if the service has been fully provided before the expiry of the withdrawal period with the customer's express consent and acknowledgement of losing the right to withdraw upon full service provision, or if digital content was delivered on a non-material medium and delivery started with the customer's express consent and acknowledgment.

V. WITHDRAWAL FROM THE CONTRACT

  1. The customer has the right to withdraw from the contract without stating a reason according to Article IV, point 6 of these GTC.
  2. Withdrawal can be made in writing or via another durable medium (hereinafter referred to as the "withdrawal notice"). A model withdrawal form may be used.
  3. The provider must refund all payments received from the customer within 14 days of receiving the withdrawal notice, including delivery and shipping costs, except for extra costs if the customer chose a more expensive delivery method.
  4. The customer cannot withdraw from the contract if the service has been fully provided before the expiry of the withdrawal period with express consent and acknowledgment of losing the right to withdraw, or if digital content was delivered and delivery started before the withdrawal period expired with the customer's express consent and acknowledgment. Business customers are also excluded from this right.
  5. If withdrawal occurs within 14 days without reason, the customer bears the return costs.

VI. PAYMENT TERMS

  1. The customer is obliged to pay the provider the fee and delivery costs upon service delivery, unless otherwise agreed.
  2. The provider reserves the right to request a prepayment of up to 50% of the service price before the service provision begins.
  3. The fee is the price agreed in the contract according to the current price list published on the website at the time of order submission.
  4. If the customer fails to pay the agreed fee and costs, the provider is entitled to withdraw from the contract.
  5. The purchased service can be paid by bank transfer based on a proforma invoice issued and sent electronically by the provider after the contract is concluded, or based on an invoice sent after the service is delivered.

VII. DELIVERY TERMS

  1. Unless agreed otherwise, the service will be delivered to the customer electronically.
  2. Information about the delivery time will be provided by the provider upon order confirmation. The provider reserves the right to extend this time if necessary, informing the customer accordingly. The customer may accept the new delivery time or cancel the order.
  3. The provider will deliver a proper tax document (invoice) and other relevant documents with the service.

VIII. SPECIAL ARRANGEMENTS

  1. The services offered by the provider usually involve personalized solutions unique to each customer; therefore, the contract for work will also include a detailed specification of the service parameters, agreed upon by the contracting parties when concluding the contract. If such specification is not included, the service parameters shall be governed by Article IV, point 1 of these GTC. To clarify the service parameters, the provider may offer a free consultation lasting a maximum of 30 minutes.
  2. The services offered by the provider usually require third-party application software to function, which is not included in the service. The customer will be informed of the necessary software before the service starts. The provider does not guarantee the functionality, availability, or terms of third-party software, which the customer must procure independently. The provider also does not guarantee service functionality in case of significant changes to the third-party software that would require adapting the service.
  3. The services offered by the provider usually produce outputs from AI models, which the provider cannot control or guarantee. Therefore, using or acting upon these outputs is solely the customer’s responsibility. The provider is only responsible for the correct functioning of the service, i.e., generating the outputs according to the customer’s specifications.

IX. INTELLECTUAL PROPERTY AND LICENSES

  1. The outputs of the service (e.g., software, models, documentation) are the intellectual property of the provider.
  2. The provider grants the customer a non-exclusive, non-transferable license for internal use as defined in the contract.
  3. Unless agreed otherwise, it is not permitted to publish, sell, or sublicense the outputs to third parties.

X. PERSONAL DATA PROTECTION

  1. The personal data of customers is processed in a manner that complies with the principles and requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons and Act No. 18/2018 Coll. on the protection of personal data.
  2. The purpose of processing personal data is to operate the website, provide services, and conduct marketing activities based on legitimate interest. The legal basis for data processing is Article 6(1)(b) and (f) of the Regulation, and the data is collected and processed to the minimum necessary extent.
  3. Personal data related to service delivery is stored for the period required to meet archival obligations under applicable legislation (e.g., accounting regulations).
  4. The customer has the right to information and access to their personal data, correction, deletion, objection, restriction of processing, and to contact the data protection authority at any time. Each data subject also has the right to lodge a complaint with the Slovak Data Protection Authority.
  5. If the customer consents to personal data processing for marketing purposes when ordering a service, it will be performed via email messages (e.g., newsletters). The customer can withdraw consent at any time by sending a notice to the provider’s address or email stated in Article I of these GTC.
  6. The provider protects personal data from unauthorized use and does not publish or disclose it to unauthorized persons. The provider undertakes not to share personal data with third parties unless legally required.
  7. The provider takes all necessary measures under Slovak law to inform data subjects of their rights under both national and EU legislation and binding international agreements. Upon receiving a valid request, the provider will respond within 30 days.
  8. The data subject may request information about whether their data is being processed, the source of the data, the scope of processed data, and may request correction or deletion of incomplete, incorrect, or outdated data. They may also request the deletion of data whose processing purpose has expired or was processed unlawfully.
  9. The data subject may object to processing for purposes other than those lawfully provided. If the objection is justified, the provider must block and delete the data as soon as circumstances permit.

XI. WARRANTY PERIOD AND COMPLAINTS

  1. The standard warranty period for all services provided is 24 months for consumers and typically 3 months for others, unless otherwise stated. If a longer warranty period applies, the conditions are governed exclusively by this complaints procedure ("CP").
  2. If the customer discovers defects in the service, they must notify the provider.
  3. The CP does not cover defects caused by improper use, outputs generated by the service, or defects communicated before concluding the contract, including limitations and usage guidelines of AI discussed beforehand.
  4. The warranty period begins upon service delivery.
  5. Complaints must be submitted directly to the provider along with documentation allowing defect assessment.
  6. Upon complaint submission, the provider will immediately notify the customer about the complaint handling initiation.
  7. If the complaint is accepted, the customer is entitled to repair, refund, contract withdrawal, or a reasonable discount.
  8. The customer must file a complaint within the warranty period; otherwise, the right expires.
  9. The provider must inform the customer of the complaint resolution method within three days of submission.
  10. The provider must resolve the complaint within 30 days of receipt.
  11. If the provider rejects a complaint without expert opinion, they must inform the customer where to obtain one. If the customer obtains an expert opinion supporting the complaint, the provider must recognize it or provide its own.

XII. ALTERNATIVE DISPUTE RESOLUTION

  1. If the customer is dissatisfied with the service, they may initiate alternative dispute resolution.
  2. The proposal can be submitted under Act No. 391/2015 Coll. to the relevant SOI inspectorate or a listed alternative dispute resolution entity. More info: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi
  3. Business customers or those with a dispute value below €20 (incl. VAT) are excluded from this procedure.

XIII. FINAL PROVISIONS

  1. These GTC govern the relationship between the provider and the customer in providing AI-related services.
  2. The provider reserves the right to amend these GTC without prior notice.
  3. By submitting an order, the customer confirms that they have read and agree to these GTC.

Žilina, May 19, 2025