RETINO SERVICE TERMS

The Service is provided in the form of software-as-a-service, which we offer at the Internet address www.retino.com.

The primary functionality of the Service is to simplify the management and settlement of complaints and returns of goods by your Customers on your E-shops, or other Cases, communication with your Customers, transport of claimed or returned goods and possibly other functions that our Service offers.

In particular, the Service also includes:

Dashboard – user interface for Users – which you or your employees use to manage your Cases, integrations and your data. The Dashboard is a web interface available on the Retino Service web addresses. You can also change the Service settings here. The Dashboard is optimized for access from desktop computers, but access from a web browser on your mobile is also possible.

The Portal – a smart internet portal (widget) for your Customers – which you can add to your E-shop and which guides your Customer through the establishment of a return or claim (or other Case) without the need for the assistance of your customer support.

Unless otherwise stated in these Terms or the context clearly indicates otherwise, capitalized terms in these Terms are used in the singular and plural in the following meanings:

Price List – indicates the amount of the Remuneration for the Service provided to the User in accordance with these Terms, is part of the Terms and is published on the Retino website, or directly in the Dashboard;

Dashboard – the user interface available at app.retino.com, which is made available to the User for the proper use and utilization of all the functions of the Service;

Other User – a person whom the User has invited to his User Account through an invitation sent to the Other User's e-mail address after entering it in the relevant section of the Dashboard;

E-shop – the User's online store, within which the User manages and procures complaints and returns of goods purchased by his Customers (or other Cases) through the Service;

Exportable Data – data and digital assets that the User has entered or uploaded into the Service, or that were created within the Service by the User's activity, to the extent that allows their portability in a machine-readable format. These include in particular: databases of the User's Customer data uploaded to the User Account (name, address, e-mail and possibly other Customer data uploaded by the User), databases of Cases, saved filters and selections, transactional and process data (e.g. records of complaints, individual returns, status history and related information). User-generated reports/exports and saved Dashboards (if they exist). A complete and up-to-date list of Exportable Data is available in the online data registry, accessible on the website;

Invoicing Period – is the period of time for payment of the Subscription, it is usually a month;

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council;

Portal – a smart internet portal for your Customers, which you can add to your E-shop via an integration code, through which your Customers can complain or return goods (or exercise other rights);

Necessary Maintenance – means regular maintenance required to preserve the features of the Service, is carried out on Retino's initiative, is not a response to any Defect and is a period of time during which the Service is completely or partially unavailable;

Remuneration – a collective designation for the total remuneration provided by the User to Retino for the provision of the Service, in the amount determined according to the valid Price List; the primary component of the Remuneration is the Subscription;

Personal Data – any information about the data subject, on the basis of which it can be directly or indirectly identified;

Subscription – The Service is provided primarily as part of a flat-rate Subscription for a specific Invoicing Period, the amount of which is calculated according to the rules set out in these Terms and the Price List;

Case – a specific exercise of the Customer's rights, in particular a complaint or return (return of goods by the Customer), which your Customer made on your E-shop via the Portal; if the User sets other properties of the Case, it may also be, for example, post-warranty service, etc.;

Service Support – basic Retino user support, which is part of the Service, and which is provided at the time and under the conditions set by these Terms;

Service – a software service available as a web application operated by Retino, which consists in the provision of electronic tools for a fee in order to simplify and ensure the complaints and returns of your Customers on your E-shops (or other Cases), communication with your Customers, transport related to the settlement of Cases, or for the purpose of providing other functions that are offered within the Service; all terms relating to the Service shall also apply to the partial services that are offered within the Service;

Consumer – any natural person who deals with us outside the scope of his business activity or outside the scope of the independent exercise of his profession;

User Account – an account for the Service established by the User in accordance with these Terms exclusively for the purpose of using the Service;

User – a registered Retino customer for whom a User Account for the Service has been established based on successful registration (also referred to as "you");

Customer – a customer of the User who complains or returns goods purchased on the E-shop or exercises other rights through the Service;

Defects – error conditions preventing the proper provision and use of the Service;

(Retino and the User hereinafter collectively the "Contracting Parties" and individually the "Contracting Party")

User Statement. The User declares and undertakes that:

is fully competent to act legally,

all data provided to the Service are true, complete, accurate and correct,

will not use the Service in violation of the applicable legal regulations of the Czech Republic,

will use the Service only for the purpose for which it is intended,

has thoroughly familiarized himself with the applicable Terms before starting to use the Service, agrees to them unconditionally and will not use the Service in violation of them.

Obligations of the Contracting Parties. Retino provides the Service to the User under the conditions set out below. The User accepts the Service under the conditions stated below and undertakes to pay Retino the Remuneration according to the Price List.

Service Content. Provision of the Service means in particular:

the User's right to use the Service;

the User's right to set up and use a User Account for the Service;

the right of the User to establish and provide one or more accesses to Other Users to the Service through the User Account;

the User's obligation to pay the agreed Remuneration according to the current Price List.

Age of the User. Retino represents that the Service is not intended for persons under the age of 16.

The Service is not intended for Consumers. The Service is not intended for Consumers, but for entrepreneurs or persons in the independent exercise of a profession, or public authorities. You declare that you will use the Service as an entrepreneur, public authority, or on its behalf, exclusively for purposes related to this activity.

Use of the Service by the Consumer. If, as a Consumer, you are interested in using the Service, then you are obliged to inform us about this before establishing a User Account, in order to educate you about your rights.

Method of using the Service. The Service is provided at various levels of functionality and scope, with an overview of the currently offered plans, including the distinction between free and paid versions, their specific features, limits and prices, specified in the Price List. For the use of the Service under an individual solution, it may be required to enter into a separate contract, which will take precedence over these Terms. Retino reserves the right to unilaterally change the composition and scope of functions of individual plans at any time. If a change is made to the User's detriment, this change will take effect for the User only at the beginning of the next Invoicing Period and the User may terminate the contract if they disagree with the change.

Sub-services within the Service. As part of the Service, the User may also be provided with sub-services that are part of it (e.g. sending SMS). For the avoidance of doubt, all the rules stated in these Terms, which relate to the provision of the Service, shall also be reasonably applied to the provision of sub-services that are part of the Service itself.

Service. The Service, as well as all related software, is the intellectual property of Retino.

Terms of use of the Service through individual software solutions. No agreement in these Terms can be interpreted as an assignment or grant of a license, sublicense or other right of use within the meaning of copyright law for those parts of the Service solution that Retino provides to the User as software as a service (SaaS), except for the agreements stated in Article 3 of these Terms. The User is only authorized to use the Service provided as a software solution. However, the User does not have the right to reproduce, download, install or distribute the software solution (Service) in any way. The User is not authorized to process the Service into other software without the written consent of Retino.

Violation of intellectual property rights by the User. Assuming that the User violates the obligations set forth in this article, Retino has the right to withdraw from the contractual relationship according to these Terms and demand compensation from the User for all damages incurred as a result of such a violation, including non-pecuniary damage.

Other Intellectual Property. If, as part of the performance of Retino based on these Terms, any performance is created that is protected under the Copyright Act (in particular, a work) or as any other protected intangible asset, such performance will become part of Retino and the Terms of Use of Retino will also apply to such performance.

Portal. An important part of the provision of the Service is the Portal, thanks to which the User's Customers can complain or return goods, or exercise other rights on the User's E-shop. The User can implement this Portal on their E-shop through a unique integration code that can be found in the Dashboard.

Portal as a work. The Portal is an author's work in the sense of copyright law. Retino grants the User, based on the registration of his User Account, a license to exercise the right to use the Portal in the form in which it is available at a given specific time. The license is granted as non-exclusive, for the duration of the contractual relationship according to these Terms (but no longer than for the duration of property rights to the Portal), exclusively for the purpose of using the Portal in accordance with these Terms and in a corresponding manner. The license is granted worldwide. The Portal is made available to the User through remote access (through the Dashboard) following the registration of the User's User Account.

Assignment of License. The User is not authorized to grant a sub-license to third parties, nor to transfer the license to a third party.

Licensing fee. The payment for the license to the Portal is included in the total Remuneration.

User registration as a condition of using the Service. Registration is a necessary condition for accessing the Service and for its proper use; the User acknowledges this condition and undertakes to complete the proper registration.

Method of User registration. Registration is done by filling out the registration form at app.retino.com/onboarding/. By registering, the User confirms that he has read and agrees to these Terms of Service.

Correctness, completeness of data and updating. The User hereby undertakes to provide correct and complete personal information in the registration form and/or directly in the Service. The User is obliged to update these data according to the valid status. At the same time, the User has the right to change and add to the registration data during the use of the Service.

Reporting obligation in case of misuse of access data. The User is obliged to immediately notify Retino of any misuse or even an attempt to misuse his access data and at the same time is obliged to choose new access data to the User Account without delay. The User is obliged to choose a secure password.

Deactivation of the User Account. The User can deactivate his User Account at any time through the Dashboard. If the User Account is deactivated during the Invoicing Period, the User Account will only be deactivated at the end of this Invoicing Period. Retino's claim to the Remuneration for the Invoicing Period in which the User Account was deactivated is not affected by this.

Invite another User. The User has the option to invite Other Users to his User Account. In such a case, he is obliged to provide the correct identification data of the new Other User.

Registration of another User as a condition of using the Service. Registration is a necessary condition for access to the Service and its proper use by the Other User. The Other User acknowledges this condition and undertakes to complete the proper registration.

Agree to the Terms. At the moment of registration, after clicking on the invitation sent by the User to the e-mail address of the Other User, the Other User agrees to use the Service under these Terms, while all the terms of the provision of the Service relating to the User, including the relevant rights and obligations, shall also apply appropriately to the Other User.

Other User access level. The User has the option of setting the level of access of Other Users invited by him. The individual levels distinguish the range of Service functions to which the given Other User has access within the User's User Account. Other User access levels are as follows:

Agent. The User has access only to limited functions of the Service, cannot invite Other Users, view some data, delete certain data and others.

Administrator. The Administrator has access to all functions of the Service, like the User himself.

Material liability. Retino is not responsible for any damage caused to the User as a result of setting the access level of Another User. Furthermore, Retino is not responsible for any damage caused to the User by the Other User invited by him.

Cases. The primary function of the Service is the management and settlement of Cases (especially complaints and returns) of the User's Customers.

Case Settings. In addition to the basic set Cases (complaints and returns), the User can set his own Cases (including their names and properties) in the Dashboard, which he wants to manage and settle through the Service (e.g. post-warranty service).

Creation of a new Case. A new Case within the Service can be created either by the Customer creating a new Case (filling in and sending a request) through the Portal on the User's E-shop, or if the User creates a new Case manually in the Dashboard. The number of Cases that arise during a specific Invoicing Period affects the amount of the total Remuneration.

Material liability. Retino is not responsible for any damage caused to the User as a result of incorrect creation, setting or assignment of the Case by the User or Another User. Retino is not responsible for any other damage caused to the User as a result of or in connection with his own actions or the actions of Another User (e.g. if he inadvertently deletes the Case, incorrectly sets a deadline, etc.).

Transport. One of the other functions of the Service is the mediation of return transport related to a specific Case.

Method of payment for transport. Transport can be carried out within the Service either by being paid for by the E-shop (or the User) or by the E-shop Customer.

Shipping paid by the Customer. If the User wants the Customer to pay for the transport within a specific Case, he can set this function in the Dashboard in the "Shipping paid by the customer" section. In such a case, transport is carried out on the basis of the Retino transport contract. Thus, when entering the Case in the Portal, the Customer chooses the preferred type of transport from the options we currently offer and immediately pays for the transport. The Retino User does not pay any Remuneration for the transport paid by the Customer. Since, in the case of transport paid by the Customer, a contract is created between Retino and the Customer (not between Retino and the User), our special conditions apply to transport paid by the Customer.

Transport paid by the User. If the User wants the User to pay for the transport within a specific Case, he can set this function in the Dashboard in the "Types of transport" section. In such a case, transport is carried out on the basis of the User's transport contract, which the User must enter in his User Account. Retino then, on the User's instructions, orders the implementation of the transport with the User's carrier.

Transport remuneration. Partial services related to transport may be charged beyond the scope of the Subscription according to our current Price List.

Material liability. Retino is not responsible for any damage caused to the User in connection with the delivery. Retino only forwards the User's instruction to his carrier, so the carriers chosen by the User, or the User himself or Another User as a result of incorrect input of Retino's instruction, are primarily responsible for damage caused in connection with the execution of the transport.

Refunds. One of the other functions of the Service is the provision of refunds for the User's Customers within a specific Case. Refund settings are possible through the Dashboard in the "Refund" section.

How the refund works. If the User decides to use the sub-service of securing a refund, Retino, based on the creation of a new Case by the Customer, automatically sends a payment order to the User's bank account, which he states in his User Account.

Checking the payment order. Retino offers the option of securing a refund, especially to simplify the entire process for the User. Therefore, Retino does not check the correctness of the data related to the refund, and the User is obliged to check each payment order that Retino sent to the User's bank account as part of the refund. Retino is not responsible for any damage caused as a result of an erroneous refund.

Correctness and completeness of data. As part of the refund, the User is obliged to provide correct and complete data in his User Account, in particular data about his bank account, preferred refund currency, maturity shift, API token and others. The User is obliged to update these data according to the valid status.

Material liability. Retino is not responsible for any damage caused to the User as a result of providing incorrect or incomplete data according to the previous paragraph 8.3 of these Terms. At the same time, Retino is not responsible for any damage caused to the User as a result of the fact that the payment did not take place or did not take place properly, while the User's bank is primarily responsible for such damage.

Free use of the Service. The provisions of this Article 9 shall apply only if the User uses the Service under a plan that is charged according to the Price List. For Users using the Service under a free plan, these provisions shall apply to the extent that is materially relevant and applicable given the gratuitous nature of the plan.

Transition from free use to paid Service. If any of the Retino Services is provided free of charge, it is possible by Retino's decision to charge for this Service by changing the Price List as stated in paragraph 9.16.

Paid nature of the Service. The Service is provided for a fee, usually as a Subscription or a one-time remuneration in the amount according to the valid Price List. The User hereby undertakes to pay Retino Remuneration in the specified form and amount for the provision of the Service.

Amount of Remuneration. The amount of the Remuneration for a specific Invoicing Period is calculated according to the type, number and scope of individual partial services that were provided to the User in a specific Invoicing Period as part of the Service. The exact amount of the Remuneration and the detailed method of its calculation are set out in the valid Price List.

VAT. Unless otherwise stated in the Price List, all prices contained in it are listed without VAT, which is charged to the stated price at the legal rate. The amount of VAT charged may therefore change depending on changes in legislation.

Trial period and activation of the first Subscription. A 14-day trial period begins at the moment of the User's registration in accordance with Article 4 of these Terms, during which the User can use the Services free of charge. After the expiration of 14 days, the first Invoicing Period begins and Retino is entitled to the first Subscription for this first Invoicing Period. The Subscription for the first Invoicing Period will be charged together with the rest of the Remuneration from the User's payment card at the end of this first Invoicing Period. If the User deactivates his User Account before the end of this trial period, the Invoicing Period will not start and the User does not have to pay the Subscription.

Subscription. For the use of the Service, the User is obliged to pay the Retino Subscription in the amount determined depending on the number of Cases arising in the given Invoicing Period, and in the manner and according to the rules set out in the Price List. The Subscription is part of the total Remuneration that belongs to Retino for the given Invoicing Period for which the Subscription was activated or renewed. If the User does not use any of the paid sub-services available within the Service (e.g. SMS sending) in the given Invoicing Period, the Subscription is usually the only component of the Remuneration.

Minimum Subscription. If no new Cases occur within the User's User Account during the given Invoicing Period, the User is obliged to pay the Subscription in the minimum amount specified in the applicable Price List.

Renewal of Subscription. If the User Account is not deactivated by the User or by Retino, the Subscription will be automatically renewed under the same conditions at the end of each Invoicing Period.

Retino's Right to Payment for a Renewed Subscription. If the User Account is not deactivated by the User, Retino has the right to payment for the renewed Subscription after the automatic renewal of the Subscription.

Automatic payment of renewed Subscription including Remuneration. If the Subscription is renewed in accordance with these Terms, at the end of the Invoicing Period for which the Subscription was renewed, this Subscription will be charged to the payment card (together with the remainder of the total Remuneration due to Retino for such Invoicing Period) that the User currently states within their User Account.

Cancellation of Subscription renewal. The User can cancel the renewal of the Subscription by deactivating his User Account.

Maturity of Remuneration. Retino's entitlement to the total Remuneration (including the Subscription) always arises at the end of the relevant Invoicing Period.

Method of payment of the Remuneration. The Remuneration can only be paid via the User's payment card. The total Remuneration (including the Subscription) will always be charged at the end of the relevant Invoicing Period from the User's payment card, which he states in his User Account. The User agrees to this at the moment of inserting the payment card into his User Account. Payment by bank transfer is only possible for Users who cooperate with us on the basis of a tailor-made contract within the "Retino Enterprise" plan.

Overview of the provisional amount of the Remuneration. To check, the User can monitor the amount of the Remuneration that currently belongs to Retino for the current Invoicing Period in his User Account, in the Dashboard in the "Invoicing" tab.

Price List change. The Price List can be changed unilaterally by Retino. Information about the planned change to the Price List will always be available on our website. The planned change to the Price List will be notified to affected Users at least 15 days before these changes take effect, in the form of a notification in the User Account or by e-mail. If the User does not agree to the Price List change, he is obliged to stop using our Service.

Payment gateway. All payments are made through the Stripe payment gateway, which is operated by Stripe Payments Europe (Europe), located at The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, IN: IE513174.

Payment data and information. The User is obliged to provide accurate, valid and complete information for invoicing and making the payment when setting the payment method of the Remuneration. In the event that any such information changes, the User is required to update this information within their User Account.

The moment of payment of the Remuneration and provision of the Service. The Remuneration is considered paid after the funds in the agreed amount have been credited to the Retino bank account. Retino is not obliged to start providing the Service before the payment of the entire part of the Remuneration.

Delay by the User and temporary restriction of the provision of the Service. In the event of a delay in payment of the Remuneration, or any part of it, i.e. in particular, if for any reason the Remuneration is not automatically deducted from the User's payment card, Retino is entitled to limit the provision of the Service to the User in accordance with these Terms and to restore it again only after payment of the owed Remuneration and, if necessary, choosing new or correction of the existing method of payment of the Remuneration.

Overview of payments and tax documents. An overview of all payments and tax documents is available in electronic form in the User's User Account, which can be found in the User's Dashboard.

Obligation of the User regarding the use of the Service. The User undertakes that:

will not carry out any such action that would be capable of disrupting or damaging the Service and endangering or making it impossible to provide it;

will neither attempt nor use any interface other than the interface provided by Retino for that purpose to access the Service;

will not disclose all identification data and passwords necessary for the User's access to the Service to any third party, and if he discovers the misuse of his identification data and passwords by any third party, he will immediately notify Retino of this fact; in the event that the User intentionally discloses his identification data or passwords to a third party (e.g. his employee), he is responsible for all damage caused to Retino by this third party;

chooses a Retino password that corresponds to a high level of security for the User Account.

Violation of these Terms by the User. It is not a violation of the Terms if the Service is not properly provided because the User has violated some of the provisions of these Terms. In the event that the User violates the obligations according to paragraph 10.1 of these Terms, Retino is entitled, even without prior notice, to immediately stop providing the Service to the User, deny access to the Service and withdraw from the contractual relationship according to the Terms.

Compensation for damage incurred by Retino for breach of the User's obligations. If the User violates any of his obligations under these Terms, he is obliged to compensate Retino for all damages incurred in connection with such a violation, including non-pecuniary damage.

Technical equipment of the User. The User is obliged to ensure adequate technical equipment that will enable him to use the features of Retino in accordance with these Terms. The User is obliged to check whether his technical equipment meets the technical requirements of Retino before starting to use Retino.

Service defects. In the event that any Defect occurs within the provision of the Service to the User, the User is obliged to notify Retino of this fact without undue delay, in writing to the e-mail address support@retino.com. Based on the User's notification, Retino will attempt to repair the resulting Defect without undue delay.

Changes to the Service. Retino is entitled to make changes (updates) to the content and functions (adding and removing content/functions) of the Service at any time. This happens automatically and these Terms also apply to the updated Service. The User is not entitled to reject changes, as the Service is provided "as is". The User will be notified of updates to the Service either via e-mail, the Retino website or via the User Account.

Disagreement with changes to the Service. In the event that the User does not agree to the change of the Service according to the previous paragraph, he is obliged to stop using the Service and withdraw from the contractual relationship according to these Terms.

Service Outages and Retino Liability. Retino is not responsible for interruptions in the operation of the Service. However, Retino will use reasonable efforts to restore the Service as soon as possible.

User Account Control. Retino may monitor the User's User Account and suspend the provision of the Service if it detects a violation of these Terms; immediately informs the User about this.

Procedure in case of malfunctions on the part of the User. Retino reserves the right to limit or temporarily stop the provision of the Service in cases of technical malfunctions on the part of the User or in the Internet network, of which it will inform the User without undue delay. In particular, these are internet outages or circumstances that require the cooperation of third parties.

Use of the User designation in references. The User agrees that Retino may use any brands, logos and trade names to identify the User as its users/customers in addition to any marketing materials on the website and/or within the Service. For this purpose, the User grants Retino a non-exclusive, worldwide license to use such brands, logos, or trade names, for the duration of the contractual relationship between the User and Retino. The User may withdraw his consent and withdraw from the granted license by sending an e-mail to support@retino.com.

Exclusion of Retino's liability for damage resulting from Necessary Maintenance. The User acknowledges and agrees that Retino is not liable for any financial losses incurred by the User caused by the suspension of the Service due to its update or Necessary Maintenance.

Responsibility for limiting the functioning of the Service due to reasons on the part of the User. Retino is not responsible for limiting the functioning of the Service due to reasons on the part of the User. Retino is not responsible even if the provision of the Service to the User is restricted due to failure to pay the Remuneration on time.

Limiting or preventing the use of the Service independent of Retino's will. Retino is not responsible for the impossibility or limitation of the User's use of the Service due to any circumstances of a technical nature that Retino is unable to influence or the solution of which requires the cooperation of third parties.

Links to third party websites or services. The Service may contain links to third-party websites or services that Retino does not own or control. Retino has no control over the content, privacy policies, or practices of any third-party websites or services. Retino shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or through any such content, goods or services available on or through such websites or services, or caused or alleged to be caused by reliance on them.

Limitation of Liability for Damages. In the event that Retino is obliged to compensate the User for any damage incurred in connection with the provision of the Service, the Contracting Parties have agreed that Retino will be obliged to compensate the damage up to the maximum amount of the Remuneration that the User was obliged to pay for the Invoicing Period in which the damage occurred.

Conditions for the application of force majeure. Retino is not responsible for breach of obligations under these Terms caused by force majeure, unless these Terms provide otherwise.

What is force majeure? Force majeure means any obstacle that occurred independently of Retino's will and prevents him from fulfilling his obligation, if it cannot reasonably be assumed that Retino would avoid or overcome this obstacle or its consequences, and further, that it would have foreseen this obstacle at the time of the obligation.

Providing support. Retino does not guarantee the provision of technical support to Users. However, the User can contact Retino technical support either through the chat box in the Dashboard or by email at support@retino.com, and Retino will try to resolve your request as quickly as possible. If you contact technical support on working days between 9:00 a.m. and 5:00 p.m., there is a greater chance that your request will be dealt with faster.

Necessary maintenance. It is not a breach of these Terms if the Service is not provided as a result of Necessary Maintenance. Necessary Maintenance is usually announced in advance through the User Account or on the Retino website.

Notice of Necessary Maintenance. The User is obliged to tolerate a short-term shutdown of the Service consisting of its limitation or interruption. The User will usually be notified of this through a notification in the User Account, on the Retino website or by e-mail at least 12 hours before it takes place. In such notice, Retino shall indicate the type of maintenance and the estimated time of commencement and completion of the work.

Update. In addition to Necessary Maintenance, Retino will also perform free updates to the Service. The aim of these updates is to improve the provision of the Service and to facilitate operation in the User Account. Updates to the Service are usually carried out without interruption, but in some cases Retino is entitled to limit or suspend the provision of the Service for the time necessary to carry out the update. Retino usually notifies the User of updates through the User Account, on the Retino website or by e-mail.

Duration of the contractual relationship. This contractual relationship is concluded for an indefinite period at the moment of the User's registration for the Service.

Termination by the User. The User has the right to unilaterally terminate the contractual relationship under these Terms without giving a reason, by deactivating his User Account through the Dashboard. The contractual relationship according to these Terms is considered terminated on the last day of the Invoicing Period in which the User deactivated his User Account.

Termination by Retino. Retino has the right to unilaterally terminate the contractual relationship under these Terms without giving a reason, either by written notice sent to the User's e-mail address, which he indicates in his User Account, or by deactivating the User's User Account. Retino informs the User about the possible deactivation of the User's account via his e-mail indicated in his User Account no later than on the day of its deactivation. The contractual relationship according to these Terms is considered terminated on the last day of the Invoicing Period in which the termination was delivered to the User, or in which the User's User Account was deactivated.

Deemed termination. The contractual relationship according to these Terms is considered terminated after 2 years have passed since the last login to the User Account. In such a case, Retino is entitled to delete the User's User Account.

Loss of ability to provide the Service. The User agrees that in the event that Retino loses the ability to provide the Service through no fault of its own, i.e. for example due to a change in legal regulations, the contractual relationship according to these Terms shall be deemed terminated at that moment, which is not considered a violation of these Terms.

Material breach of the Terms. Retino has the right to limit or not provide the Service, or to block the User Account and immediately withdraw from the contractual relationship according to these Terms, as soon as it discovers a material violation of them. In particular, the following is considered a material breach of the Terms:

such behavior of the User, which is capable of endangering the software necessary for the provision of the Service in any way;

the User acts in violation of these Terms;

the User used the Service in such a way that may damage or even damaged Retino, and/or even just tried to abuse, block, modify or otherwise change any part of the Service;

the User has even attempted to obtain the login names and/or passwords of other Users of the Service;

if the Other User invited by the User has committed the conduct referred to in this paragraph 16.5 of these Terms;

Remuneration already paid and termination of the contractual relationship. In the event of termination of the contractual relationship according to these Terms, the User has no right to return any part of the already paid Remuneration for using the Service.

Switching to another provider. The User may at any time notify Retino that he wishes to switch to another provider of a similar service, transfer Exportable Data to his local infrastructure, or delete them. It is the obligation of Retino in all cases to provide the User with Exportable Data, cooperate on the User's exit strategy and provide relevant information. During the transition, Retino takes care of the security of Exportable Data during their transfer, storage and access.

Notice period and transition period. After the notification pursuant to paragraph 17.1, a notice period begins, which starts on the day of delivery of the notification and expires on the last day of the month following the month in which the User made the notification pursuant to paragraph 17.1, i.e. such period shall not exceed 2 months. After the expiry of this period, a transition period of 30 calendar days follows, during which Retino will provide the User with reasonable assistance with migration. The User has the right to extend the transition period once.

Termination of the contractual relationship. When proceeding in accordance with this Article 17, the contractual relationship is considered terminated: (i) on the day when Retino confirms the successful completion of the migration/export of Exportable Data, or (ii) upon expiry of the transition period. Retino informs the User about the termination of the contractual relationship at the e-mail address.

Handover of Exportable Data. Retino will provide the User with Exportable Data in machine-readable formats or via API. A detailed and up-to-date list of categories, technical formats and available APIs is provided in the online data registry available on the website. Here you will find a detailed explanation of how to switch to another provider, in what formats Exportable Data can be transferred and what the transfer limitations are.

What data is not transferred. Retino does not hand over any data or information that it owns. This includes in particular data regarding the Dashboard, Portal, other user interface, other software, internal models, methodology or licensed third-party data.

Continuity of provision. During the notice period, Retino provides the Service according to these Terms. After the expiry of the notice period, Retino ensures continuity of the provision of the Service also during the transition period, to the extent necessary for the completion of the migration. This does not affect Retino's right to suspend or limit the Service in cases specified in these Terms (e.g. material breach of Terms) and rights to Necessary Maintenance.

Data availability and deletion. After the end of the transition period, Retino preserves and makes Exportable Data available for an additional 30 calendar days. After the expiry of this period, Retino performs a complete deletion of all Exportable Data and digital assets created directly by the User or directly related to the User, if the transfer was successfully completed.

Switching fees. If the User terminates the contractual relationship in connection with this Article 17 in the period until 12.1.2027, the Provider is entitled to a switching fee in the amount of the Provider's costs for this change. Their amount is listed in the Price List. After 12.1.2027, these fees are no longer charged.

Discounts and early termination. If the User received a discount on the Remuneration conditioned by a longer period (e.g. annual plan) and the contractual relationship is terminated according to this Article 17 earlier, the User is obliged to pay the difference between (i) the discounted price for the period used, and (ii) the standard price without discount for the period used. The amount will be calculated according to the Price List and this difference will be deducted from the User when refunding the overpayment according to paragraph 17.10.

Overpayment. If the contractual relationship is terminated earlier within the meaning of paragraph 17.1 and the User has a recorded overpayment within the Remuneration, Retino will refund such overpayment within 7 days of the termination of the contractual relationship in accordance with paragraph 17.3.

Transparency of international procedures. Retino stores and processes Exportable Data according to the current list of countries and involved subcontractors published in the online data registry. If a request for data access is made by authorities outside the EU, Retino will assess its legality and inform the User about the provision, if permitted by law. Data is shared only to the necessary extent and its protection is ensured by appropriate technical and legal measures.

Retino is a personal data processor. Users entrust us with the Personal Data of their Customers or other persons. Details of our obligations as a processor can be found in the Personal Data Processing Agreement (DPA), which is Appendix No. 1 and an integral part of these Terms.

Retino is the administrator of Personal Data. Details about which Personal Data we work with can be found in the Personal Data Processing Policy.

The rule of law. These Terms are governed by the legal order of the Czech Republic, at the same time conflicting norms of international private law are excluded.

Amicable dispute resolution, jurisdiction. We will always try to resolve the dispute between us amicably. If it is not possible to reach an amicable solution to the matter, then the courts will come to the fore. We agree that any disputes arising in connection with the use of the Service will be resolved materially and locally by the competent court for the territory of the District Court for Prague 1 in the Czech Republic.

The duration of the provisions even after the termination of the contractual relationship according to these Terms. The rights and obligations set forth in the provisions of articles 2, 3, 12, 13 and paragraphs 5.5, 6.4, 7.6, 8.5, 10.3, 16.7, 19.2, 19.3 remain in force even after termination of the contractual relationship according to these Terms.

Changes to the Terms. These Terms may be unilaterally changed or canceled by Retino in writing.

Declaration of legal succession. The Contracting Parties declare and agree that the rights and obligations arising for them from these Terms pass to their legal successors in the event of termination or any other legal facts resulting in the transfer of rights and obligations.

Validity and effectiveness. These Terms become valid and effective on February 20, 2026.