Terms of Services

for luigisbox.com by Luigi’s Box, s.r.o.

Current version: dated 15 August 2024

INTRODUCTORY CLAUSES

These Terms of Services govern your use of the services defined below and provided via the website luigisbox.com (the “Website”) as the software-as-a-service intended for business customers (the “Customer” or “you”) as well as all accessory services that are made available through the Website. These services provided via the Website are offered in various service packages (the “Service Packages”) and also as accessory services (the “Accessory Services”) that may be selected by the Customer (the Service Packages and Accessory Services collectively referred as the “Services”). The Website and the Services provide you with modern analysing tools for various eCommerce solutions of customers.

1. The Customer may also select consulting services provided by the Provider which comprise management of the analysing tool available through the website luigisbox.com and related to support at managing the Customer’s user account within the tool (hereinafter referred to as the “Programming Services”) and/or implementation services consisting of implementation, configuration, setting and the initial deployment of the Luigi’s Box analysing tool on the Customer’s and of the Customer’s user account provided by the Provider (hereinafter referred to as the “Implementation”).
2. These Terms of Services regulate your relationship with Luigi’s Box, s.r.o., a limited liability company incorporated under the laws of Slovakia, with its registered seat at Tallerova 4, Bratislava – mestská časť Staré Mesto 811 02, Slovakia, identification No.: 50 641 671, registered with the Commercial Registry of Municipal Court in Bratislava III, section: Sro, insert No.: 116273/B (“we”, “us”, or “LuigisBox”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms of Services, please do not use the Services. If you have any questions regarding these Terms of Services, please contact us via [email protected].
3. The Services are operated by us. By using the Services you agree to be bound by these Terms of Services that constitute the binding agreement (“Agreement”) between you and LuigisBox (“Parties“ and each individual party also as the “Party“). These Terms of Services set out the legally binding terms for your use of the Services and are available on the Website. The specification of the ordered Services, the billing term and other individually negotiated provisions may be included in a separate written agreement (the “Service Agreement”). In such a case, these Terms of Services represent the inseparable part of that separate Service Agreement and both documents (i.e. the Service Agreement and the Terms of Services) collectively constitute the valid and binding Agreement.
4. Only legal entity, such as a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, is eligible to accept these Terms of Service. Individuals (natural persons) are not authorised to use LuigisBox Service and shall not enter into Terms of Service with LuigisBox.
5. This Agreement includes LuigisBox’s policy for acceptable use of the Services, your rights, obligations and restrictions regarding your use of the Services and our Data Protection Agreement.

THE AGREEMENT (TERMS OF SERVICES)

1. SUBJECT MATTER OF THE AGREEMENT

1.1 On the basis of this Agreement and under the conditions stipulated herein LuigisBox undertakes to provide you with:

1.1.1 access to the Website’s functionalities and infrastructure and applications in accordance with the selected Services Package;

1.1.2 the Accessory Services, if they are selected by the Customer;

1.1.3 the Programming Services and/or Implementation if they are selected by the Customer.

1.2 The setup and basic usage instructions of the Services and other technical requirements are accessible via the Website and the customer manual that will be provided by us.

1.3 You shall pay LuigisBox remuneration for the provision of the Services, Programming Services, and/or Implementation in the amount and under the terms stipulated in Art. 5 and 6 hereof.

2. GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1 We undertake to provide the Services in a professional manner, in compliance with good industry practice and within the agreed scope and quality.

2.2 You warrant and represent that you have necessary legal capacity and authority to accept and be bound by these Terms of Service.

2.3 Upon our request, you undertake to provide us with all information and cooperation necessary for due and timely performance of our obligations hereunder. You are responsible for the accuracy of any information disclosed and/or provided to us in connection with the Services.

3. ACCOUNT REGISTRATION

3.1 You will have the access to the Services after the registration of your personal account (the “Account”) at the Website. To register for the Service and in order to create the Account, you shall complete the registration process on the Website by providing us with the complete and accurate information that are necessary to provide the Services. Your registration form must include your email address (it will be your username), password and billing information. Such information needs to be real and up to date.

3.2 As soon as your registration is carried out, you shall select your Services Package, Accessory Services and maximum number of units consisting of pageviews, indexed items, Autocomplete, Search, Recommender and Product Listing requests per billing period (the “Units”) that represent your service plan (the “Plan”). Your Plan automatically renews at the end of the billing period.

3.3 After the selection of the Plan, you shall submit to LuigisBox a URL identifying your website on which the Services are used. You represent and warrant that you are the owner and domain name holder of the given website or that you have the necessary permissions or authorisations by the owner (domain name holder) to submit the URL and such website for using the Service. Subsequently, LuigisBox provides you with the LuigisBox Script for your website. On the basis of our LuigisBox Script we are able to provide our Services, in particular to analyse data from visitors – person using or visiting your website (the “Visitors” and the “Visitor’s Data”).

3.4 From time to time, we may provide some features of your Account or some parts of the Service Package on free basis (you may find all relevant information about free parts of the currently provided Service Package at the Website). Moreover, we may add, modify or discontinue any part of the Service Package with or without notice provided that such addition, modification or discontinuance would not affect the agreed parameters of the Service Package. If you do not agree to the possible changes in the Service Package, you may withdraw from the Agreement; however, please note that by further use of the Service after the change has been implemented, it shall be deemed that you have approved the changes.

3.5 We also offer our No-Code Self-Service Integration module (the “Self-Service”). It is a type of the Services that does not require any coding knowledge on the Customer’s side and our Implementation. To use the Self-Service, the User shall create the Account, agree to this Agreement and follow the instructions on the Website with the Self-Service offer. The integration can be completed via plugins or a simple copy-and-paste of ready-made code into your website’s code. The Agreement to the Self-Service shall become effective from the date when we notify you on confirming your order of the Self-Service. During using the Self-Service you are bound by the Agreement. The start date of the Self-Service shall occur on the day of providing you with the plugins or ready-made code.

3.6 If the Customer uses the Services via a third-party integrator, reseller, marketplace, or other external interface (the “Third-Party Provider”), the availability and functionality of the Services may depend on such Third-Party Provider. Any suspension, limitation, or termination of the Services caused by the Third-Party Provider, including disabling or removal of the integration, shall be considered a circumstance outside of our control and shall not constitute (i) a breach of the Agreement by us, (ii) a failure to meet any service levels, or (iii) give rise to any liability of LuigisBox.

3.7 If the Services become unavailable due to reasons attributable to a Third-Party Provider, we may, at our discretion:

3.7.1 offer to you continuation of the Services through our own infrastructure or another integration method within a reasonable period of time, and

3.7.2 propose updated commercial or technical terms reflecting such change in delivery model.

The Customer shall provide reasonable cooperation required for such migration.

If the Customer does not accept the updated terms within 15 days from their delivery, the Customer may terminate the Agreement with effect from the date of termination notice. If the Parties do not reach agreement on continued provision of the Services within 30 days from the interruption or termination caused by the Third-Party Provider, we may terminate the Agreement with immediate effect.

4. TRIAL PERIOD

4.1 During the registration process under Art. 3 thereof, LuigisBox may offer to Customer a trial period during which Customer can access and use the Services on trial basis for free (the “Trial Period“). The Trial Period shall be agreed individually in the Agreement, except for the Self-Service module, where the Trial Period is included as part of the module. If the Trial Period is not agreed individually, your right to Trial Period is not guaranteed for any period of time and we reserve the right, in our sole discretion, to limit or terminate your Trial Period.

4.2 If You are using the Services on a trial basis, your Trial Period will terminate:

4.2.1 30 days after your registration of the Account to the Services, unless a different duration of the Trial Period has been agreed,

4.2.2 upon your cancelation of your Plan,

4.2.3 upon our termination of your Plan.

4.3 If you fail to cancel your Plan within the Trial Period, the Services shall automatically continue in limited mode. In such a case you may use the Services only with limited functions that are provided for free (for example, you will be able to access only a limited set of the measured data within the analysis interface of the Website). If you pay our remuneration under Art. 5. and 6. thereof, you will be able to use all of our Services in full.

4.4 We may modify or discontinue any trials or promotions at any time without notice.

 

5. REMUNERATION

5.1 The remuneration of LuigisBox is agreed individually. Any expenses in addition to those paid pursuant to the prices for the Services agreed in the Agreement (the “Pricing Policy”) must be agreed by LuigisBox and the Customer separately in writing.

5.2 In case of the termination of the Agreement by the Customer, the Customer is obliged to pay for the Services, Programming Services and/or Implementation already provided by LuigisBox.

5.3 The number of Units in the Service Package is limited to a twelve month period. If the Customer exceeds the agreed limit of Units, the Customer will be offered a Package of Units for higher consumption based on the agreed limit of Units in Annex No. 1 of the Agreement. If the agreed number of Units is exceeded, the Customer shall pay the Provider an aliquoted amount, namely the difference between the overdrawn and the agreed number of Units, based on the issued invoice. If the Customer does not pay the exceeded number of Units, the Provider is entitled to block the Customer’s user account until full payment is received or terminate the Agreement by written notice with immediate effect.

5.4 The Provider has a right to unilaterally increase the Fee by the annual inflation rate (measured by the consumer price index) announced by the Statistical Office of the Slovak Republic for the past calendar year. In such a case, the Provider shall be entitled to increase the Fee with effect from the first day of the next billing period following the announcement of the annual inflation rate by the Statistical Office of the Slovak Republic. The Provider shall inform the Customer of this fact in writing via an issued invoice. The Provider is entitled to increase the Fee on an annual basis. In other cases, the Fee may be increased only by an agreement of the Parties.

6. PAYMENT CONDITIONS

6.1 All remuneration shall be calculated and invoiced in euro (EUR) or United States dollar (USD), unless agreed otherwise.

6.2 The Customer may pay the fees for the Services, Programming Services, and/or Implementation by credit or debit card. If this payment method is selected, the Customer is obliged to provide LuigisBox with the necessary card information. The Customer authorises LuigisBox (or a billing agent acting on behalf of LuigisBox) to automatically charge the card for all applicable fees, including recurring charges for subscription-based Services. Charges will be processed automatically on the due date of each invoice. The Customer is responsible for providing accurate and up-to-date credit or debit card information. If the card information changes, the Customer must promptly update it to avoid disruption of Services. The Customer shall provide LuigisBox with the updated information regarding your credit card account upon our request and any time the information earlier provided is no longer valid.

6.3 If, within the provision of our Services, your Plan is:

6.3.1 upgraded, the change in remuneration will be effective immediately from the moment of the Plan upgrade.

6.3.2 downgraded, the change in remuneration will be effective as of the commencement of the next billing period.

6.4 We shall issue invoices for the Services and the Programming Services carried out pursuant to the Agreement to the Customer on a periodical basis no later than on fifteenth (15.) day of the first calendar month of the billing period in which the Services to be invoiced are performed, if not agreed otherwise. If the Parties agreed in writing that the payment for the Services and the Programming Services will be charged after the provision of Services on a periodical basis, we shall issue invoices for the carried out Services no later than on fifteenth (15.) day of calendar month following the billing period in which the Services to be invoiced were performed. In some of the cases, the Parties may agree that the invoice for the Services will be issued prior to the commencement of the provision of the Services.

6.5 Any outstanding balance becomes immediately due and payable upon the termination your Account under this Agreement.

6.6 In case of delay with payments of the invoices, the Customer is obliged to pay to LuigisBox the interest for the late payment in the amount of 0,05 % of the due amount for each, even commenced, day of delay.

6.7 Unless agreed otherwise, any taxes, VAT, customs, levies, charges, etc. are not included in the sum of remuneration according to the Agreement. The Parties have agreed that you are solely responsible for tax or other legal obligations related to your payments (in particular, tax and customs regulations and for any additional tax declaration in your own country).

7. USE OF THE SERVICES BY THE CUSTOMER

7.1 You as the Customer are solely responsible towards us for using the Services.

7.2 You are obliged to carry out your obligation pursuant to personal data protection law towards your Visitors that use your website on which the Services are used. You are also responsible for the content that is published, uploaded, posted or displayed through the website on which the Services are used.

7.3 You undertake not to use the Services for any illegal or prohibited activities or projects, in particular for the activities or projects that:

7.3.1 are patently offensive and promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.3.2 harass or advocate harassment of another person;

7.3.3 involve the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

7.3.4 promote information that to your knowledge is false or misleading, or promote or involve illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

7.3.5 promote an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;

7.3.6 contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

7.3.7 provide material that exploits people under the age of 18 in a sexual or violent manner, or solicit personal information from anyone under 18;

7.3.8 you do not control or with respect to which you have not obtained the necessary permits and authorisations to act in such manner;

7.3.9 provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or

7.3.10 solicit passwords or personal identifying information for unlawful purposes from users.

7.4 You shall use the Services in a manner consistent with any and all applicable laws and regulations.

7.5 You shall abstain from any activities that could facilitate or encourage any violations of this Agreement, any other LuigisBox’s policies, or any right of the third person.

7.6 You are solely responsible for activities that occur under or through your Account, including activities initiated by third parties, whether or not such activities are authorised by you. If you allow an employee or agent to access the Service on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You undertake to notify LuigisBox with no undue delay of any known or suspected improper or wrongful use of the Service.

8. OUR RIGHTS AND OBLIGATIONS AS REGARDS PROVISION OF THE SERVICES

8.1 We reserve the right to change the type and content of our Services from time to time, at our discretion, with the prior notice addressed to the Customers via our Website and via email notification, provided that the modifications shall not negatively impact the functionality or quality of the Services provided.

8.2 You grant to LuigisBox the right to access to the code of your website to collect any information concerning Visitors’ actions or activities on your website, any information sent to you by Visitors’ web browsers, any data or other information you submit to LuigisBox or any data or other information that is otherwise accessible from your website registered in the Account (the “Customer Data”).

8.3 For avoidance of any doubt, we inform you that we are not able to provide our Services without having the access to the website on which the Services are used and without provision of these Customer Data.

8.4 In order for us to provide the Services you grant the consent to LuigisBox to access and use Customer Data:

8.4.1 to manage your access to the Service, including, without limitation, providing any reports and analyses from your website and other functions;

8.4.2 to improve the Service;

8.4.3 to aggregate data to compile statistics and general trends about the Service for, among other things, marketing purposes;

8.4.4 to comply with any legal obligations.

8.5 You shall retain ownership of Customer Data and have sole responsibility for the accuracy, legality and intellectual property rights in Customer Data. You represent and warrant that you have all rights, licenses, and consents required to grant aforementioned rights to Customer Data to LuigisBox.

8.6 LuigisBox may access your Account, or information associated with your Account, to provide support or maintenance, for security-related reasons, or any other business purposes dealing with the provision of the Services. You acknowledge and consent to such access.

8.7 We reserve the right to refuse or stop access to the Services anytime provided that you use the Services or the Website for illegal or prohibited activity, in particular for the activities pursuant to Art. ‎7.3 hereof or in case of any suspicion financial fraud.

8.8 We reserve the right to refuse or stop access to the Services anytime provided that you use the Services for illegal or prohibited activity or projects, in particular for the activities or projects pursuant to Art. ‎7.3 hereof.

8.9 We may also suspend or terminate Services at any time, if we determine that your payment information is inaccurate or not current.

8.10 The Parties are aware that illegal or unauthorised use of the Services is prohibited. Appropriate legal action may be taken by us for any illegal or unauthorised use of our Services. We reserve the right to cooperate with appropriate law enforcement agencies with respect to any activities conducted with or through our Services that may violate any applicable laws.

9. INTELLECTUAL PROPERTY

9.1 The content of our Website and the provision of our Services is protected by copyright, database rights and other intellectual property rights. We retain and reserve all copyright, trademark, intellectual and other property rights pertaining to the Website and our Services, their development and/or use. We provide to the Customer the access to the Website’s functionality pursuant to the terms and conditions of this Agreement.

9.2 If not stated expressly otherwise, nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by us to you. You may use our Website and its Services in commonly way pursuant to this Agreement.

9.3 LuigisBox hereby grants to you a limited, revocable, non-exclusive, non-transferable and non-assignable worldwide right to use Service solely for your internal business purposes (including a right to add LuigisBox Script into HTML code of your website, that is properly registered within your Account) and only within duration of this Agreement.

10. LIMITATIONS ON USE

10.1 Customer shall not, and shall not authorise any third party, to:

10.1.1 use the Service in breach of this Agreement or any policy, procedures or user documentation posted on LuigisBox website;

10.1.2 modify, compromise, create derivative works or reverse engineer the LuigisBox Script or any aspect of the Services;

10.1.3 use the Services for any illegal, infringing or inappropriate purposes;

10.1.4 knowingly or negligently use Services in a way that abuses or disrupts our networks, other customers, or the Services itself;

10.1.5 use any automated system, including and without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the LuigisBox servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;

10.1.6 harvest, collect, or gather Visitor’s data without their consent or without any appropriate legal grounds under the personal data protection law.

11. CONFIDENTIALITY AND DATA PROTECTION

11.1 The Parties undertake not to disclose to a third party any confidential information which they have become acquainted with or which has been provided (made available) to them by the other Party in the course of performance of the Services and/or other services and tasks related thereto. The confidentiality duty shall continue even after the termination of the Agreement without any time limitation.

11.2 The “confidential Information” referred to in this Agreement is defined as any information, facts, materials or data – technical, commercial or otherwise – whether documented or not, which the Parties have learned or which have been provided (made available) to them for the purpose of performance of the Services, with the exception of:

11.2.1 information publicly known or publicly accessible otherwise than by breach of the contents of this Agreement by either of the Parties;

11.2.2 information, which the Party can prove beyond doubt were already in its possession before their disclosure by the other Party;

11.2.3 information independently developed or created by the Party without any use of or reference to the information provided by the other Party;

11.2.4 information which the Party has received or will receive from any third party without being bound by the confidentiality duty in relation to that third party.

11.3 In cases referred to in Art. ‎11.2 hereof, the Party is not entitled to disclose to a third party that it has obtained the same information also from the other Party under this Agreement.

11.4 For the purpose of this Agreement the Parties have agreed that the directors, employees, advisors, representatives, and consultants of the Parties who are – due to their position in or towards the Parties – fully entitled to learn about the confidential information and whose entitlement to receive the confidential information has been expressly confirmed by the executive directors (CEO) of the Parties, shall not be considered third parties towards which the confidentiality duty shall be applied by the Parties (“Authorised Persons”).

11.5 The Parties undertake to ensure that the Authorised Persons do not disclose the confidential information to any third party. It is thus the responsibility of each Party to ensure that the Authorised Persons who are likely to come into contact with the information of a confidential nature, are informed to maintain the same level of confidentiality as the Parties themselves under this Agreement.

11.6 The Parties undertake to comply with the data protection laws applicable in the jurisdiction of LuigisBox. Terms and conditions of personal data processing are available at luigisbox.com/data-processing-agreement
Processing of Personal Data attached hereto (“Data Protection Agreement”), which are incorporated herein by reference, will apply and the parties agree to comply with such terms.

11.7 The Customer acknowledges that they and their employees and other representatives read the Privacy Policy of LuigisBox that is available at the Website.

12. DURATION AND TERMINATION OF THE AGREEMENT

12.1 This Agreement has been entered into for a period of twelve (12) months, unless otherwise agreed between the Parties in writing. After this Initial Term, the Agreement shall automatically renew for successive annual periods, unless terminated earlier. Either Party may elect not to renew the Agreement by providing written notice of non-renewal to the other Party not later than one (1) month before the end of the Initial Term of the Agreement or any successive annual periods.

12.2 If you use solely the Self-Service, the following terms of the termination of the Agreement apply:

12.2.1 You are entitled to terminate this Agreement and your Account and/or any service within your Plan one-sidedly via a written notice delivered to LuigisBox or via a means specified at the Website (for example, the cancelation link) at any time without the need to state any reasons. The Agreement ceases to exist by the end of the billing period as agreed between the Parties in which the termination notice is delivered to LuigisBox.

12.2.2 LuigisBox is entitled to terminate this Agreement and your Account and/or any service within your Plan one-sidedly via a written notice delivered to you at any time without the need to state any reasons. The Agreement ceases to exist by the end of the billing period as agreed between Parties in which the termination notice is delivered to you.

12.2.3 LuigisBox has a right to terminate the Agreement by notice in writing with immediate effect at any time during the term of the Agreement provided that the Customer breaches its obligation prescribed by Art. ‎7 or ‎9 or 10 hereof. The Agreement shall be terminated on fifteenth (15.) day following the delivery of a termination notice to the Customer, unless the Customer during the termination period takes sufficient steps to remedy the breach approved in writing by LuigisBox. In such a case, the written approval of the steps taken by the Customer by LuigisBox shall be deemed to constitute a withdrawal of termination notice.

12.3 Upon termination of this Agreement and your Account, (i) you will immediately lose all access to the Services and any data or information stored in your Account; (ii) LuigisBox delete your Account and all your Customer Data; (iii) you shall remove LuigisBox script from all your websites registered within your Account.

12.4 Upon cancelling your particular Plan, (i) LuigisBox delete all your Customer Data related to cancelled Plan; (ii) You shall remove LuigisBox script from the website(s) related to the cancelled Plan.

12.5 LuigisBox will not retain your Customer Data or its part in order to enable you to reactivate your terminated Account or cancelled Plan.

12.6 The provisions of Art. ‎6.6 and ‎11.1 and ‎13.1 as well as other provisions hereof the nature of which implies that these should survive the termination hereof, shall not be affected by the termination of this Agreement.

13. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

13.1 The rights and claims arising under this Agreement may be assigned or otherwise transferred by either Party, in whole or in part, to any third party without prior written consent of the other Party. On the other side, the obligations arising under this Agreement shall not be assigned or otherwise transferred by either Party, in whole or in part, to any third party without prior written consent of the other Party; any such assignment or transfer without prior written consent shall be invalid and ineffective. Such consent shall not be unreasonably withheld or delayed. The Agreement shall be binding upon the Parties’ legal successors and their assignees accordingly.

14. FORCE MAJEURE

14.1 No Party shall be held liable for non-fulfilment of its obligations under the Agreement, in whole or in part, as a result of events beyond its reasonable control, which prevent the Party from complying with any of its obligations under the Agreement. Such events shall include, without limitation, acts of God (such as earthquakes, fires, drought, tidal waves, floods or other natural disasters), strikes (unless solely restricted to employees of the Party), lockouts, riots, acts of war, insurrections, invasions, mobilisation, acts of terrorism, embargoes, epidemics, governmental laws and regulations imposed or amended after the conclusion of the Agreement, communication line failures or power failures (“Force Majeure Events“). Delays in delivery or completion dates due to the Force Majeure Events shall automatically extend such dates for additional period equal to the duration of the Force Majeure Events. In the event such non-performance lasts for a period of sixty (60) days or more, either Party is entitled to terminate the Agreement by giving written termination notice to the other Party.

14.2 Either Party is obliged to notify the other Party without undue delay about the occurrence of the Force Majeure Events in order to obtain the relief pursuant to Art. ‎15.6 hereof.

15. REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY

15.1 LuigisBox undertakes to represent and warrant the permanent 99,9 % accessibility of the Services via the Internet each day of each calendar month.

15.2 The guaranteed accessibility of the Services shall not include the following events of interruption of the accessibility of the Services caused by:

15.2.1 upgrade or update implementation or ordinary maintenance of the Services or the Website pursuant to our schedule that will be notified to the you in advance;

15.2.2 technical defects of hardware and/or software of third person (e.g. an internet service provider, suppliers, etc.)

15.2.3 cyberattack or malware, except the case that such interruption would be caused due to proven negligent acts of LuigisBox;

15.2.4 Force Majeure Events pursuant to Art. ‎14 of the Agreement.

15.3 Our email support is carried out during the following time: 9:00 A.M. to 5:00 P.M. (CET) Monday – Friday. Emails received outside of office hours will be collected, however no action can be guaranteed until the next business day.

15.4 In support of the Services agreed in the Agreement, we will respond to inquiries related incidents and/or requests submitted by you within the following time frames:

15.4.1 Within 4 hours (during business hours) for issues classified as High priority (high priority issues cover the following: all Services and/or the Website are not available for at least 30 minutes);

15.4.2 Within 24 hours for issues classified as Medium priority (medium priority issues cover the following: the Services and/or the Website are repeatedly (more than twice) unavailable for less than 30 minutes within 24 hours);

15.4.3 Within 2 working days for issues classified as Low priority (low priority issues cover the following: the Services and/or the Website work normally and the issue has only minimum negative impact on the usage of the Services and/or the Website).

15.5 If LuigisBox is in breach of these Agreement, we are only responsible for losses that the Customer suffer as a direct result of such a breach, to the extent that they are a foreseeable consequence to both of the Parties at the time of the conclusion of the Agreement. Our liability shall not in any event include business losses of the Customer such as lost data, lost profits or business interruption. No limitation of liability applies in case the damage is caused to the Customer due to proven intentional conduct of LuigisBox.

15.6 In addition to the Force Majeure Events, LuigisBox’s liability shall be limited as follows:

15.6.1 LuigisBox shall be liable for the damage to Customer’s property only to the maximum extent of EUR 5,000,- (in words: five thousand euros). In the case that your relationship with LuigisBox lasts more than twelve (12) months LuigisBox shall be liable for the damage to Customer’s property to the maximum amount paid by the Customer to LuigisBox hereunder during the last twelve months prior to the event giving rise to liability.

15.7 LuigisBox shall not be responsible or liable for:

15.7.1 loss of data caused by the Customer or the Visitors;

15.7.2 any incorrect, inaccurate or unlawful content communicated through the Website or in connection with the Services provided, whether caused by the Customer’s Visitors or by any of the equipment or programming associated with or utilized;

15.7.3 the conduct, whether online or offline, of any the Customer’s Visitors;

15.7.4 any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any Customers or Customer’s Visitors;

15.7.5 any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or traffic congestion on the Internet or at any website or combination thereof, including any injury or damage to the Customer’s or the Customer’s Visitors or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services;

15.8 The Website and the Services are provided “AS-IS” (“AS AVAILABLE”) and LuigisBox expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LuigisBox cannot guarantee and does not promise any specific results from use of the Website and/or the Services.

16. INDEMNITY

16.1 You undertake to indemnify LuigisBox and its officers, directors, shareholders, and employees, and repay all damages, costs, expenses, and losses suffered or incurred by LuigisBox arising out of or in connection with any breach of the warranties, undertakings, covenants and obligations contained in this Agreement. The Customer shall be liable for the damage to the LuigisBox’s property only to the maximum extent of EUR 5000,- (in words: five thousand euros). In the case that your relationship with LuigisBox lasts more than twelve (12) months, the Customer shall be liable for the damage to LuigisBox’s property to the maximum amount paid by the Customer to LuigisBox. At the request of LuigisBox and at your own expense, you shall provide all reasonable assistance to enable LuigisBox to resist any claim, action or proceedings brought against LuigisBox as a consequence of that breach.

17. COMMUNICATION

17.1 All notices or requests required to be given under the Agreement shall be made in writing.

17.2 Unless otherwise provided herein, any notices, requests, invoices or other communication hereunder made in writing shall be delivered by email or registered mail or courier.

17.3 By providing LuigisBox your email address you grant to LuigisBox right to use the email address to send you (i) Service-related notices, such as updates and improvements (ii) changes to functionality of the Services (iii) special offers (iv) or any notices required by law. You can change your preferences regarding receiving notices in your Account administrative interface on our Website.

17.4 Any notices or requests hereunder shall be deemed to have been given:

17.4.1 if delivered by courier or registered mail, upon its delivery to the recipient or upon recipient’s refusal to take it over;

17.4.2 if sent by e-mail, upon three (3) days after its sending to the other Party.

17.5 Any changes of the Party’s postal address and/or e-mail address must be notified to the other Party without undue delay in accordance with the provisions of this article.

17.6 You may contact us via our email address [email protected] anytime.

18. GOVERNING LAW AND JURISDICTION

18.1 This Agreement shall be governed by and construed in accordance with the laws of the Slovak Republic with exclusion of its conflict-of-laws provisions.

18.2 All disputes arising from or in connection with the Agreement between Parties shall be amicably settled by mutual consultation of Parties. If Parties do not conclude a written agreement about resolution of dispute not even in thirty (30) days from the delivery of written invitation to mutual consultation, each Party is entitled to submit the dispute to the competent court of the Slovak Republic.

19. FINAL PROVISIONS

19.1 Entire Agreement: The Agreement, together with its appendices constitutes the entire business agreement between the Parties and supersedes any and all prior agreements, arrangements and/or understandings, either written or oral, between the Parties relating to the subject matter of this Agreement.

19.2 Separate Written Agreement: If there is a conflict between terms and conditions of this Agreement and terms and conditions of separate written agreement concluded between LuigisBox and Customer, terms and conditions of separate written agreement will take precedence. If LuigisBox and you have concluded a separate written agreement regarding your use of the Services, you agree not to disclose the terms and conditions of such agreement to any third party.

19.3 Severance: If any provision of this Agreement is declared void, invalid, or illegal by a competent judicial or arbitration authority, the validity or legality of any of the other provisions and of the entire Agreement shall not be affected thereby and the Parties shall replace such provision with one as near in substance as possible to the original provision.

19.4 Publicity: The Customer hereby grants to the LuigisBox non-exclusive and royalty-free consent to publically use the Customer’s business name and logo within the list of references to LuigisBox’s customers for marketing purposes (in particular, for communication this information to the public via our Website) and in accordance with good business practice.

19.5 Amendments: We may update this Agreement and Data Protection Agreement from time to time, in particular, for legal, business (for example, we may amend the scope of our Service Packages and/or its prices) or regulatory reasons or to allow for the proper operation of the Services. Any changes will be notified to you via a suitable announcement on the Website or via a private message addressed to your email. The changes will apply to the further use of the Services fourteen (14) days after we have given notice. If the Customer does not agree to a new version of the Terms of Service, the Customer shall notify Luigi’s Box within fourteen (14) days of being notified by Luigi’s Box about the new version of the Terms of Services, that it does not wish to be bound by the new version of the Terms of Services. In such a case, the Agreement remains to be governed by the then current version of the Terms of Services until the end of the term of the Agreement. Once a new renewal term commences, the Agreement shall be governed by the new version of the Terms of Services regardless of any objection given by the Customer against the new version of the Terms of Services. If you continue to use the Website and/or the Services after the date on which the changes come into effect, your use of the Website and/or the Services indicates your agreement to be bound by the amend version of the Agreement, or the Data Protection Agreement.