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Terms and Conditions

  1. General Provisions

    1. The Provider is Pectol.cz LTD residing at Na Provaznici 2063/3,Prague 150 00. The Company identification No.: 03759466 is registered in the Companies Register kept by the Regional Court in Prague (further referred to as the “Provider”).
    2. The User is solely enterprising individual or legal entity identified with its log in email address and password established during the registration process and that uses our services for its business activity (further referred to as the “User”).
    3. By Application it is meant the web application LogicalPlan available from logicalplan.com address (further referred to as the “Application).
    4. By Contract it is meant the contract binding the Provider and the User. Its subject is to grant a Licence for using the Application. The rights and obligations arising from its use by both parties are formed by these Terms and Conditions (further referred to as the “Contract”).
    5. By the Content it is meant the data, information and other content that the User created, viewed, uploaded, saved, inserted or spread through the Application or his User Account (further referred to as “Content”).
    6. By the User Account it is meant the account created in the Application. The account is used to access the Application (further referred to as a “User Account”).
    7. By the Internet websites it is meant logicalplan.com website including all its subpages and subdomains where the Application is located (further referred to as an “Internet websites”).

  2. Subject to Contract

    1. Upon signing the binding Contract, the Provider grants the User access to a non-exclusive Application use lasting for the period of the Contract. The User accepts this licence under The Terms and Conditions specified in this document. The User is authorised to use this Application based on his subscription type.
    2. In case of paid subscription, the User is obliged to pay the Provider the sum depending on type of a subscription the User has chosen and it is further specified under these Terms and Conditions.

  3. Contract

    1. The User acknowledges that the Contract is conclusive and created online. The expenses that comes with using the communication means in order to finalize the Contract (eg. Internet connection fee, phone call fees, etc) are paid by the User.
    2. The Provider with the use of his Websites publicly offers the Contract to be finalized under the Terms and Conditions set in this document.
    3. When a User is registering, they are redirected to a form where they fill in their personal details required by the Provider. It is the User’s responsibility to provide correct and true data. This form will also enable the User to view these Terms and Conditions in a downloadable format to an electronic device with the possibility of saving this document for a further reference. The User is bounded to save or print these Terms and Conditions. By sending filled out form the User agrees with these Terms and Conditions and confirms reading and understanding its content.
    4. The contract is only binding LogicalPlan and a User who provides his email address and logs into Application upon registering.

  4. Contract duration; cancelling of User’s Account and limiting the Application’s use

    1. The binding contract is indefinite
    2. The Contract is ceased together with the User’s Account
    3. The Contract is ceased when the Provider cancels the whole Application
    4. The User has the right to cancel their User’s account at any time. It is done via email request sent to info@logicalplan.com
    5. The User’s account can be cancelled after a mutual agreement between the Provider and the User.
    6. If a User does not adhere to the obligations set by these Terms and Conditions, the Provider can immediately without prior notice:
      • Stop or limit the User’s ability to use the Application.
      • Cancel or deny access to User’s account.
    7. The Provider is not obliged to refund the User with any money that has already been paid providing that:
      • The User cancels his User Account even though the Provider is not breaking any of his obligations
      • The Provider cancels User Account due to the User breaking his obligations set by these Terms and Conditions
    8. After cancellation of the Contract, the Provider can either:
      • Delete the content of the User’s Account, in that case the User does not have any rights to claim compensation
      • Keep the content of the User’s Account within the Application and allow the User to download it
    9. Cancelling of the User’s Account due to other unspecified reasons does not affect the User’s obligation to pay any debt to the Provider
    10. The Provider is under no obligation to ensure the content is exportable, used in third party applications or readable in other forms.
    11. The User takes into account that if the Provider in line with the Terms and Conditions limits Users access to the Application, its content or part of it can be inaccessible to the User.

  5. Application and its use

    1. By using the Application, the User agrees with the Terms and Conditions and confirm their detailed knowledge with the Application and its functions.
    2. The Provider offers the Application to the User in the state that it is currently in on the day of signing the Contract. The Provider reserves the right to modify the Application in any way, at any time without prior notice to the User. The User acknowledge this information and agrees to it. The Provider also reserves the right to modify the Application even to the Users that have already have signed Contract without their consent.
    3. Specific functions of the Application, data space, number of projects and amount of other profiles can be dependent on choice of plan the User has chosen. The precise specifications of each plan on offer is published on Logical Plan website.
    4. The plans on offer are either free or paid ones. Selection of the Plan is made at the registration or consequently throughout the use of the Application. The user can at any time change the free plan to the paid one. If the User is downgrading his plan (that is changing plan with a higher price to a plan with a lower price), he is aware that part of its content might not be available to him anymore based on the guidelines defining each plan and its features. The User cannot transfer from a paid plan to a free plan.
    5. When using the free plan, User is not obliged to pay the Provider for using the Application. The User is aware that the free plan has limitations and some features will not be available to be freely use, as well as the data storage will be smaller and the number of profiles that can be used will be limited. The Provider can make any modifications to this free version and can cancel the option for a free plan at any time.
    6. In case of a paid plan, User is obliged to pay the agreed sum to the Provider specified on the Websites. The Provider reserves the right to change financial compensation for using the Application, change the data space or number of projects when using paid plan. The Provider can only adjust the above for any future period for which the User has not paid yet.
    7. As soon as the User reaches limits for an unpaid plan specified on the Internet websites, the Provider can invite the User to transfer to one of the paid plans. Similarly, the Provider can invite the User to upgrade the paid plan to meet desired limits.

  6. The User’s obligation when using the Application

    1. In order to create a User Account and sign the Contract, the User is obliged to disclose correct and full information required by the Provider. The same correct information is expected to be entered for a purpose of the User Account. The User is obliged to notify the Provider of any changes regarding provided information immediately.
    2. The User agrees not to misuse the Application in any way so it does not breach the rights of the Provider, of the third party or the legislation. The user is specifically not allowed to:
      • Send information through the Application with harmful or immoral content or any content having potentially damaging impact on the Provider or third party.
      • Publicly promote hateful slogans, pornographic material, violence or supressing human rights in any way that could lead to damage Provider’s reputation.
      • Insert or use any content via the Application that is subject to copyright unless the licence to use is obtained.
      • Use the Application unlawfully.
      • Send unsolicited bulk emails through the Application.
    3. The Provider reserves the right to immediately remove such content stipulated above without prior notification to the User. In regards to such matters, the Provider has the right to check User’s Account Content and User hereby agrees upon signing these T&C.
    4. The User is obliged to keep log in details for the Application safe and secure. The User is not obliged to disclose such details to a third party. In case of misuse of log in details by third party, the User will notify the Provider who will immediately block the log in details and issue the User with new ones. The Provider has the right to request verification of identity of the User.
    5. The User agrees that his User Account will be solely used by themselves and they will not allow it to be used by third party. The User cannot pass their account to another person without prior notification and agreement granted by the Provider.
    6. There is only one free plan account per person to be established.
    7. In case of any failure, discrepancies or mistakes in the Application, the User is obliged to notify the Provider immediately via the email address available from the Provider’s Internet websites. The technical support is provided via websites, email or phone communication depending on the Provider.
    8. The User is not allowed to modify, hack, affect the functionality or design of the Application in any way. The User is not allowed to use the Application in a way that could lead to overload of the system, disruption or safety of the Application regarding its software or hardware. If the Provider finds such damaging activity, he can block the User from accessing the Application without prior notification.
    9. The User understands the Application can be temporarily unavailable due to maintenance, upgrades, unforeseen circumstances, power outage or connectivity issues. By unforeseen circumstances it is understood mainly the failure of hardware that is used to run the Application, or its unavailability due to third party service providers.
    10. If the User share its content with other people (eg. sharing same project with them), they agree that the Content can be freely used, saved, noted, multiplied, transferred, viewed and created by these people.
    11. The User agrees that upon signing the Contract, they are not gaining the sole right to use the Application. They also agree that the Application will be used by other persons and it may include the Provider.
    12. By uploading content into the Application, the User gives permission and licence to the Provider to use this content, note it down, copy, publicize, send and use in order to provide the best service, improve and analyse in correspondence with use of the Application.

  7. The Provider’s Responsibilities

    1. The contracting parties agree that the Provider is not responsible for any loss or misuse of the Content for any reason (especially due to unforeseen circumstances, third party or the User’s act, power outage or connectivity issues). The User waives his right to be compensated in any way. The User is obliged to assure data back-up of the Content through his own source. The Provider is not responsible for User’s loss of any data.
    2. The contracting parties agree that the Provider does not have duty of care for any loss (including lost profits) that can raise due to use of the Application or due to its limited or temporarily unavailable service; eventually due to termination of the Application. The user waives his right to be compensated in this instance.
    3. The Provider does not have duty of care neither for the Content nor for the third-party breach of rights. The User is solely responsible for the Content. In case any third party claim legal right against the Provider caused by the User’s act or Content, the User is obliged to compensate the damage to the Provider. The Provider can seek immediate compensation from the User’s unused credits.

  8. Payment Policy

    1. The Provider enables the User to use the Application based on the plan and duration of the subscription. Once the payment is made, the User will gain access to the Application and will be able to use its features based on the chosen plan.
    2. Once the User has chosen a plan and used up his subscription, the automatic payment will be deducted for a following month. The plan is automatically renewed. In case the transaction could not be performed due to lack of financial means in User’s account or from any other reason, they will be notified by email. If even after the notification the payment cannot proceed, the User’s Account will be automatically disabled. In case the User does not provide the payment within 21 days from disabling, all the data and its Content in the Application could be deleted.
    3. The User can cancel the automatic plan renewal at any time. The plan will not be automatically renewed after the subscription runs out, consequently the User’s Account can be automatically disabled.
    4. The Provider will notify the User of upcoming end of subscription.
    5. The plan subscription is done through the Application. The price is available on the Internet websites. The plan subscription is binding and effective immediately once the client submits it on the Internet website.
    6. Once the payment is made, it is not refundable.
    7. The payment is made through payment gateway called “Stripe” (further referred to as “Payment gateway”). Terms and Conditions of its use are available under T&C of this Payment gateway at www.stripe.com. The User is obliged to make themselves familiar with these T&C and be guided by them when providing the payment.
    8. The User agrees that the currency used when making payment is EURO and possible exchange rate differences and fees are at User’s expenditure.
    9. The Provider is a tax payer. All the prices on the Internet Websites are shown without GST unless stated otherwise. The Users residing in the Czech Republic will incur GST on top of the price shown in the pricelist. In case the User is not resident of the Czech Republic, the service will be charged without the GST and it is up to the User to declare and pay GST in the country where he is a resident for tax purposes based on laws of each country.

  9. Personal data protection

    1. This section focuses on personal data protection of the User who is a legal person, stipulated by European Parliament and of the Council (EU) 2016/679 as General Data Protection Regulation (further referred as GDPR). The Provider is consistent with GDPR principles when processing personal data.
    2. When the Contract together with its services is completed, the User’s personal data are passed on to the Provider to be processed.
    3. The personal data that the Provider will process are: User’s full name, address, email address, phone number, date of birth, ID number, VAT identification number, IP address and other personal data that the User might pass on.
    4. Legal bases for processing personal data are represented by signing and satisfying the Contract.
    5. Personal data will be processed by the Provider for the duration of the Contract and kept further 10 years as an evidence base against any legal claims. Some personal data may require, by law, to be kept longer and those will be kept to meet requirements.
    6. Access to the personal data of the Provider and User will be enabled to the Provider’s employees and suppliers of the services required in order for the Application to run such as accountants, tax, law and marketing advisors, the web solution provider, web host and Payment gateway host. The Provider has the right to pass User’s personal data to other person following general principles applicable to the processing of personal data. User’s personal data will be available to other Users of the Application in case it forms part of the Application function.
    7. Personal data will be conveyed to other countries or international institution only if it meant better data security back up and in order to protect personal data against lost or damage.
    8. The User has the right to rectify or add personal data, has the right to restriction of processing of their personal data, raise objection or complaint against processing of personal data, request portability of the data, access to own personal information, be informed about security breach of personal data or its erasing and has other rights stipulated in GDPR.
    9. The User can at any time raise an objection to the overseeing authority regarding personal data processing or non-executing of obligations that the Provider as an administrator carries. The overseeing authority in the Czech Republic is The Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.
    10. Further and detailed information regarding protection of personal data can be found in the Principles applicable to the processing of personal data. These principles detailly explain rights regarding data protection that the User can apply. The principles are available on the Provider’s website.
    11. The provisions of further stated points of this article will be used in case the Provider will appear in the role of GDPR processing authority and there will be transfer of personal data from the User who is regarded as an administrator (further referred to as “administrator”) to the Provider (further referred to as “processor”) in order to process personal data by the processing authority.
    12. Processor has the right to process personal data disclosed by the administrator only to satisfy the Contract and to provide services linked to the use of Application; that is applicable for the duration of the Contract only and it must be in line with the administrator’s guidelines and requirements.
    13. The processor proclaims, they will do everything in their power to maintain high standards of protection during processing of personal data in order to prevent unauthorised or incidental access, data modification, loss or its misuse.
    14. The processor proclaims that all his employees that will have access to personal data are carefully chosen, trained and meet the requirements corresponding with GDPR guidelines and are bound by confidentiality.
    15. The processor has the right and the administrator gives their permission to use other processing authorities of personal data when it is necessary to provide services specified in this Contract. In case of an involvement of another processing authority they commit to obey the conditions stipulated in the article 28/GDPR guidelines.
    16. The processor has the right to convey personal data to another country or international institution only if it meant better data security back up and in order to protect personal data against lost or damage.
    17. It is the processor’s duty to ensure confidentiality by all persons that will have access and will process personal data from the administrator.
    18. The processor is obliged to adopt all measures according to the article 32/GDPR guidelines. The processor hereby declares that they adopted all measures and that all personal data are sufficiently protected once disclosed by administrator.
    19. The processor has to take into account nature of the data processing and where possible, the processor will be helpful towards the administrator when requested to react to the rights of the subject. The administrator is aware that the processor might not have the technical means in order to exercise rights of the data subjects. Processing of such requests might be subject to a fee payable to the processing authority.
    20. The processor is obliged to be helpful in exercising the rights according to article 32 to 36 GDPR, taking into account the nature of information that the processing authority has available.
    21. The processor is obliged to erase or return existing personal data to the administrator and erase existing copies following written notice from the administrator or in case the Contract expire. This provision is not valid if the processor is required to keep such data required by law.
    22. The processor is required to provide the administrator, upon request, with information confirming that the obligations determined in Article 27, par. 3, letter h) of GDPR are met. The processing authority is required to contribute to audit within the meaning of Article 27, par.3, letter h) of GDPR.

  10. Final provisions

    1. The contracting parties agree that the final applicable law is the legal system of the Czech Republic.
    2. Potential disputes arising from the Contract will be judged by courts of the Czech Republic. The contracting parties agreed that the Provider’s local court will be the one to resolve any dispute.
    3. The contracting parties agreed that the Provider can change these Terms and Conditions unilaterally in any way. The new Terms and Conditions are valid immediately once publicized on the Internet websites.
    4. Any legal actions, notifications or other announcements presumed by these Terms and Conditions could be done between the contracting parties either in writing or via email communication; for the email communication the Provider will use address provided on the Internet website, the User will use email address provided when signing up this Contract.
    5. The contracting parties declare that neither of the parties regard themselves as the weaker one with respect to obligations and content established in the Contract or in the steps that led to its signing. Furthermore, the contracting parties declare the economic growth that this Contract brings benefits each party accordingly based on what was agreed in this Contract.
    6. If any provision of these Terms and Conditions will become or is invalid or ineffective, the invalidity or ineffectiveness of this provision will not seize the Contract and disregard the Terms and Conditions as whole or any other part of it; that is under the condition the particular provision can be exempted from the rest of the Contract or the Terms and Conditions respectively.
    7. The User declares they read and understood content of the Terms and Conditions; furthermore, they understood and were sufficiently explained meanings of all its provisions and they accept it with no reservation. The User agrees with the Terms and Conditions when completing the form. The User also agrees that the Terms and Conditions do not contain any provision that the User would not understand, are disadvantageous or unreasonable within the meaning of §1753 and §1800 of the Civil Code.
    8. These Terms and Conditions are in full force and effective as of 1.3.2020.

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