Terms of Service

These terms govern the use of the Forgmatic software service (the service) between the service operator and the business that has set it up (the customer). The relationship is a business-to-business one; consumer-contract provisions do not apply to it.

The service is operated by Petr Zeman - Forgmatic, registered at Orechov 88, 59452 Orechov, company ID No. (IČO) 07924925 (the operator). Forgmatic is the name of the service.

1. Formation of the contract

Registration follows these steps, in this order:

• the customer fills in the registration form and agrees to these terms,
• confirms their email address through the link sent to them by email,
• verifies a payment card under clause 2,
• the operator sets up their shop (workspace).

The contract is formed when the shop is set up. Without a confirmed email address and a successful card verification, no shop is set up and no contract is formed. By registering, the customer confirms they are authorized to act for the organization they entered and that its details are accurate.

2. Payment card verification

During registration the customer enters a payment card, which is verified by the Stripe payment gateway. The verification involves no payment and nothing is charged to the card. Card details are held by the payment gateway, not by the operator. The card may later be used to pay for a subscription the customer orders.

3. Plans, prices and payment

The feature scope, the subscription fee and the commission follow the selected plan under the price list in force when the order is placed. The price list is published on the service website.

Subscription. Subscriptions are paid in advance for the chosen period, monthly or annual, and renew automatically until the customer cancels them (clause 9). They are paid by card through the payment gateway, or by invoice where agreed with the operator. Where the price list offers a trial period for a plan, the conditions stated in the price list apply to it.

Commission on orders. For every paid order in the customer's shop, the operator is entitled to a commission at the rate of the selected plan. The commission applies on every plan, including plans without a subscription fee.

• The basis is the total amount the end customer paid for the order, including materials, shipping and VAT.
• The commission arises when the order is marked as paid, whatever the payment method.
• For card payments through the payment gateway connected to the shop, the commission is deducted directly from the payment, before the payout to the customer's account.
• For other payments (bank transfer, proforma invoice, payment marked manually), the operator bills the commission separately, in one statement per calendar month. The statement is due within 14 days of issue.
• Where the plan has a monthly commission cap, the customer pays no more than that cap in one calendar month. Commissions from all payment methods count toward the cap.
• If the customer refunds an end customer in full or in part, the commission is refunded in the same proportion.
• No commission is charged again on an order paid from prepaid credit; for credit, the commission is calculated on its price when it is bought.
• No commission is charged on test orders.

An individually agreed commission rate takes precedence over the price list rate. Payments are handled by a payment gateway; the operator does not store card details.

Price changes. The subscription fee, the commission rate and the cap may change with effect from the next billing period. The customer is notified at least 30 days in advance and may terminate the contract as of the date the change takes effect.

4. Late payment and suspension

If the customer is in default with paying the subscription or a commission statement, access to the service may be restricted after prior notice. Suspension does not release the customer from the obligation to pay the outstanding amount and does not affect the running of any notice period.

5. Acceptable use

The customer must not use the service in a way that breaches the law, infringes third-party rights or endangers its operation. In particular, the customer must not:

• circumvent technical limits, place an unreasonable request load on the service, or probe its security without written consent,
• store content they have no rights to, or unlawful content,
• share their credentials with third parties.

In the event of a serious or repeated breach, access may be restricted without prior notice; the operator will inform the customer of the reason without undue delay.

6. Availability and support

The operator aims for continuous availability but does not guarantee uninterrupted operation. Planned maintenance is announced in advance. Support is provided electronically to the extent matching the selected plan.

7. Personal data

In relation to the data of its own customers, the customer is the controller and the operator is the processor. The terms of processing are set out in the data processing agreement. The customer accepts it during registration together with these terms, and confirms any new version in the service administration. The processing of the customer's own data is described in the Privacy Policy.

8. Intellectual property and customer data

The service, its software and documentation remain the property of the operator. The customer receives a non-exclusive, non-transferable right to use the service for the duration of the contract.

Data the customer puts into the service remains theirs. The operator processes it solely in order to provide the service.

9. Term, termination and data export

The contract is concluded for an indefinite period.

Cancelling a subscription. The customer may cancel a subscription at any time. The cancellation takes effect at the end of the paid period: for a monthly subscription at the end of the month, for an annual one at the end of the year paid for. Until then the service runs on the paid plan. The subscription fee for the rest of the period is not refunded, not even pro rata. When the period ends, the shop moves to the plan without a subscription fee under the price list and the contract continues.

Terminating the contract. The customer may terminate the contract at any time with effect from the end of the paid period, or, on a plan without a subscription fee, as of the day the notice is delivered. The operator may terminate it on 30 days' notice, or without notice in the event of a serious breach of clause 5. Commissions on orders paid before the contract ends remain payable.

After termination the customer has 30 days to export their data using the export function in the administration. After that period the data is deleted, except for records the operator is required to retain by law (in particular accounting documents).

10. Liability

The operator is liable for damage caused by breach of its obligations. It is not liable for lost profit or for damage caused by circumstances excluding liability.

Except where this conflicts with mandatory law, compensation is limited to the amount the customer paid the operator over the 12 months preceding the event that caused the damage. This amount includes both subscription fees and commissions on orders, whether the commission was deducted from a payment or paid on a statement. Refunded commissions are not included.

The operator is not liable for content the customer puts into the service, nor for its compliance with the law — including terms and conditions and other documents the customer issues to its own customers.

11. Changes to these terms

These terms may be amended. The customer is notified at least 30 days before a change takes effect. If they do not agree, they may terminate the contract as of that date; by continuing to use the service after that date they accept the change.

12. Final provisions

The relationship is governed by the law of the Czech Republic. Disputes are decided by the courts of the Czech Republic. If any provision is invalid, the remainder stays in force.