Contrat de licence utilisateur final (EULA)

This End User License Agreement ("Agreement") is a contract between you ("User") and BAZA PRODUCTION s. r. o., Gorkého 205/3, 811 01 Bratislava - mestská časť Staré Mesto, Slovak Republic, Company ID (IČO) 57 656 142 ("we", "Licensor"). By installing, downloading, activating, accessing or using any of our software products, you agree to this Agreement. If you use a product on behalf of a company, you confirm that you are authorised to bind it.

1. Products covered

Our software is developed and published by BAZA PRODUCTION s. r. o. through its software division BAZA DEVELOPERS. This Agreement applies to:

• BAZA Booking Calendar - WordPress plugin for online booking and payments;
• BAZA Book in the Chat - AI assistant that takes bookings and payments in the website chat;
• BAZA Booking Calendar App - mobile application for iOS and Android for managing bookings;
• BAZA Live Chat - website chat answered from Telegram, with an AI assistant;
• BAZA Academy CRM - online CRM for academies, sports clubs and education centers;
• Revolut Payment Plugin - plugin for accepting Revolut payments on a website;
• BANG - mobile application for training and weight loss (after its release);
• all updates, add-ons, documentation and related services ("Product").

Where a product has additional terms (for example a plan description), they apply together with this Agreement.

2. Licence

2.1. The Product is licensed, not sold. Subject to a valid licence or subscription and compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable licence to use the Product for your own or your clients' business, on the number of websites, users or devices stated in your plan, for the period of the licence.

2.2. Open-source parts. The PHP code of our WordPress plugins is distributed under the GNU General Public License (GPL) version 2 or later. Nothing in this Agreement limits the rights you have under the GPL to that code. The licence key, access to automatic updates, cloud features, premium services and technical support are not part of the GPL code; they are provided only to holders of a valid licence.

2.3. Other parts (in particular mobile applications, cloud services, design, images, texts and our trademarks) are proprietary. Unless the law expressly permits it, you may not copy, modify, decompile, reverse-engineer, rent, sell or sublicense them.

2.4. You may not share, publish, resell or transfer licence keys, use one licence on more sites than your plan allows, bypass licence verification, or remove copyright notices.

3. Hosted services

BAZA Live Chat, BAZA Academy CRM, the AI features of BAZA Book in the Chat and the licence and update server are provided as online services ("Hosted Services").

• We make reasonable efforts to keep the Hosted Services available and secure, but we do not guarantee uninterrupted operation. Planned maintenance is announced in advance where possible.
• You are responsible for the content you and your users enter, for keeping your login details secret, and for using the services in accordance with the law.
• You are the controller of the personal data of your customers, students and visitors that you process with our products. Where we store or transmit those data for you, we act as your processor under Art. 28 GDPR according to the data processing terms that form part of this Agreement; a signed data processing agreement is available on request. You must inform your customers about the processing in your own privacy notice.
• After the end of a subscription we keep your data for 30 days so that you can export them, and then we delete them, unless the law requires otherwise.

4. Artificial intelligence features

BAZA Book in the Chat and BAZA Live Chat may answer your customers automatically using artificial intelligence.

• AI answers are generated automatically and may be inaccurate or incomplete. You are responsible for configuring the assistant (prices, availability, rules) and for checking important bookings and payments.
• In accordance with Regulation (EU) 2024/1689 (AI Act), the chat informs people that they are communicating with an AI system. You must not hide or remove this notice.
• Do not use the AI features for decisions with legal or similarly significant effects on people, or to process special categories of personal data (such as health data) without a proper legal basis.

5. Mobile applications

The BAZA Booking Calendar App and BANG are distributed through the Apple App Store and Google Play. For apps obtained there, the following also applies:

• This Agreement is concluded between you and us only, not with Apple Inc. or Google LLC. We alone are responsible for the app and its content.
• The licence to the app is limited to use on devices you own or control, as permitted by the store's usage rules.
• Apple and Google have no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, which may refund the purchase price of the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation regarding the app.
• We, not Apple or Google, are responsible for addressing any claims relating to the app (product liability, legal or regulatory compliance, consumer protection, intellectual property).
• You confirm that you are not located in a country subject to an embargo and are not listed on any government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

BANG is a fitness application. It is not a medical device and does not replace advice from a doctor or qualified trainer. Consult a doctor before starting a new training or diet plan, especially if you have health problems, are pregnant or take medication. You exercise at your own risk.

6. Third-party services

The Products work with services of third parties, for example WordPress, your hosting, Stripe, Revolut, Telegram, app stores and AI model providers. Their use is governed by their own terms. We are not responsible for their availability, fees or changes, and we may adapt the Products when such a service changes. The Revolut Payment Plugin is our own product; we are not a partner or agent of Revolut Ltd, and payments are processed by Revolut under your agreement with Revolut.

7. Data collected by the Products

To verify licences and deliver updates, our WordPress products send the site address, licence key, product version and the WordPress and PHP versions to our server. They do not send data about your visitors or customers. Details are in our Privacy Policy.

8. Updates and support

During the period of your plan you are entitled to updates and support as described in the Terms and Conditions. We may change or remove features in updates, but we will not reduce the core functions of a plan you have paid for during its term.

9. Warranty

For consumers, the statutory rights for defects of digital content apply, and nothing in this Agreement limits them.

For business users, the Product is provided "as is" and "as available". We do not warrant that it will be error-free or suit every purpose, and we exclude implied warranties to the extent permitted by law. We will nevertheless fix reproducible errors in a reasonable time.

10. Liability

We are liable without limitation for damage caused intentionally or through gross negligence, and for damage to life and health. Towards business users, our total liability for other damage is limited to the amount you paid for the Product in the 12 months before the damage occurred, and we are not liable for lost profit, lost data or business interruption. You are responsible for regular backups.

11. Termination

This Agreement is effective until terminated. Your rights end automatically if the licence expires and is not renewed (for the parts that require a licence) or if you seriously breach this Agreement, in particular by sharing or reselling licence keys, fraudulent payments or abuse of our staff. After termination you must stop using the proprietary parts of the Product. Your rights under the GPL are not affected.

12. Governing law

This Agreement is governed by the law of the Slovak Republic. For consumers, the mandatory protection of the law of their country of residence is not affected. Disputes with business users will be decided by the competent court of the Slovak Republic according to our registered office.

13. Contact

Licences and support: support@bazadevelopers.com. Legal matters: bazamedia.prod@gmail.com.