General terms and conditions

1. Basic provisions

   1. These General Terms and Conditions (the “Terms”) of PREVIO SK/HU/PL/RO/AT/CR, Company ID No. [XXX], with its registered office at [XXX] (“PREVIO”), form an integral part of the licence agreement (the “Agreement”) entered into between PREVIO and the relevant client (the “Client”) and, together with the Agreement, constitute the entire agreement between PREVIO and the Client.
   2. PREVIO enters into and performs the Agreement in its own name and on its own account as the sole contracting provider. PREVIO s.r.o., Company ID No. 259 75 234, VAT ID No. CZ25975234, with its registered office at Kolbenova 882/3a, 190 00 Prague, Czech Republic (the “Technology Provider”), develops and operates Previo.app (as defined in Art. 2) and owns or controls the intellectual property rights necessary for its provision. PREVIO is authorised to market and provide Previo.app and to grant the licence referred to in Art. 3. PREVIO may engage the Technology Provider as a subcontractor and, where it processes personal data on behalf of the Client, as a sub-processor. The Technology Provider is not a party to the Agreement, and no contractual rights or obligations arise directly between the Client and the Technology Provider solely by virtue of the Agreement. This is without prejudice to any rights arising under mandatory law. PREVIO remains fully responsible to the Client for performance of the Agreement, including the performance of its subcontractors and sub-processors.
   3. In the event of any conflict, the Agreement, including the price quotation, shall prevail over these Terms. Provisions concerning individual services or products shall apply only if the Client has ordered them under the Agreement or activated them in Previo.app.

2. Definitions of terms and services

   “Previo.app” collectively means all applications and technologies provided by PREVIO, the list of which is set out in this Article.

   “PMS” means an online application for managing bookings and related operations of an accommodation establishment which, in variously priced configurations, provides, among other things:

   • management of bookings for accommodation and similar capacity in an interactive graphical table;
   • management of a database of guests, contact persons and companies;
   • management of booking accounts, recording and printing of tax documents, and payment records;
   • support in meeting selected statutory obligations in the relevant country;
   • management charts, reports and statistics;
   • other functions added to the system by PREVIO from time to time.

   “ALFRED” means an online application enabling guests to complete online check-in, order services, open doors, view tourist attractions and use other functions before and during their stay with the Client; it also means a virtual assistant implemented within Previo.app that provides advice, analyses, recommendations and reports and performs various tasks using artificial intelligence.

   “PAY” means the technical connection of Previo.app to an online payment gateway or a physical payment terminal operated by an independent licensed payment service provider. The payment service is provided by that provider under a separate agreement with the Client and subject to the provider’s terms. PREVIO does not provide the payment service and does not receive or hold funds belonging to the Client or its customers. Transaction information may be recorded in Previo.app.

   “HOUSEKEEPING” means a mobile application for recording room-cleaning status, breakdowns, defects and tasks.

   “SCANID” means a mobile application for reading and recognising information from identity documents such as passports or identity cards.

   “API” means a technical application programming interface that enables third parties to read data from and/or write data to Previo.app.

   “R+” means an online booking system for the Client’s own website that enables:

   1. the booking of accommodation and other services, including for a specific time;
   2. the booking of stay packages;
   3. the automatic collection and publication of user reviews;
   4. the display of the Client’s accommodation price list;
   5. the display of the availability calendar for the Client’s accommodation establishment;
   6. the sale of gift vouchers for a specified value or a specific stay; and
   7. the display of a map with route calculation to the Client from any point entered by the Customer.

   “Google Hotel Search” means the online synchronisation of data from Previo.app with products of Alphabet Inc., USA (in particular www.google.com), enabling online bookings to be made for the benefit of the Client through R+.

   “Customer” means a third party interested, directly or through Partners, in entering into an agreement with the Client for accommodation or similar services.

   “Partners” means PREVIO’s business partners that offer the Client’s available accommodation capacity through their distribution channels (websites), paid advertising and other persons with whom they cooperate.

   “Direct Booking” means an order for accommodation and related services placed by a Customer with the Client through R+.

   “Partner Booking” means an order for accommodation and related services placed by a Customer with the Client through a Partner.

   “Booking” means Direct Booking or Partner Booking.

   “Confirmed Booking” means a Partner Booking made in the so-called “online mode” configured by the Client in Previo.app.

   “Commission” means PREVIO’s remuneration for processing a Direct Booking or for services involving the promotion of the Client and the facilitation of Partner Bookings unless a fixed fee is agreed by the Parties in the Agreement.

   “CHM” means a tool for automatically updating data (availability, prices and restrictions) on online distribution channels, downloading bookings made on those channels, recording changes to them in Previo.app, and enabling electronic communication between the Client and Customers.

   “OTA” (Online Travel Agent) means an online accommodation booking portal (also referred to as a “channel”).

   “Extranet” means the online platform of an individual OTA that enables the Client’s profile, prices, availability and other parameters to be configured.

   “Fees” means fees and/or commissions for the services of PREVIO and/or its Partners.

   “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, applicable from 25 May 2018.

   “Data Act” means Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data.

   “AI Act” means Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence.

   “Privacy Policy” means PREVIO’s privacy policies available at https://www.previo.cz/zasady-zpracovani-osobnich-udaju/.

3. Licence terms

   1. PREVIO represents and undertakes that, throughout the term of the Agreement, it holds and will maintain all licences, consents, authorisations and other rights necessary to provide Previo.app and the ordered services in its own name, to grant the Client the licence set out in Article 3.2 and to perform all of its obligations under the Agreement. The engagement of the Technology Provider or any other subcontractor shall not release PREVIO from any of its obligations or liability towards the Client.
   2. Subject to the Agreement and, in particular, these Terms, PREVIO grants the Client a non-exclusive and non-transferable licence to use Previo.app and its technical features and functions included in the functions and services ordered by the Client. The right to use Previo.app is granted for the validity period of this Agreement.
   3. The Client may not grant any further licences (sublicences) or assign the licence to any third party without PREVIO’s express prior consent.

4. Direct and partner bookings (R+ and Partners)

   1. PREVIO enables the Client to accept Direct Bookings through the R+ booking engine and Partner Bookings through R+ or CHM. PREVIO’s remuneration for this service is the Commission or a fixed monthly fee as agreed in Art. 2 of the Agreement.
   2. The Client agrees that its available accommodation capacity and other related services may be promoted and sold through selected Partners and that Partner Bookings may be made through those Partners.
   3. The Client may activate or discontinue cooperation with selected Partners at any time through the settings in Previo.app.
   4. The Client agrees that Partners may use the Client’s marketing materials to promote the Client, in particular information from its own website, photographs, logo or name, and information from Previo.app. The Client undertakes, to the extent reasonably possible, to flag any defects in a Partner’s presentation.
   5. Bookings are sent to the Client electronically, by email and through Previo.app. The Client is responsible for confirming the Booking to the Customer and for all subsequent communication with the Customer.
   6. The Client shall accommodate every Customer holding a Confirmed Booking either at its own establishment or at an establishment of the same or a higher category and quality. If the Client is unable to accommodate the Customer, the Client’s rights and obligations towards the Customer and the Partner, including the provision of alternative accommodation and transport and the payment of related costs, shall be governed by the relevant Partner’s additional terms and/or the contractual relationship between the Client and that Partner.
   7. The Client shall honour the price stated in the Partner Booking and resolve any price discrepancy subsequently with the Partner. In the event of a dispute, the price recorded in Previo.app at the time of the booking creation shall prevail. The Client is responsible for the accuracy of prices entered in Previo.app.
   8. The Client must dispute the Commission for a particular Booking by selecting the relevant option in Previo.app no later than the fifth (5) day of the month following the month in which the last day of the Booking falls. Otherwise, the Booking shall be deemed approved.
   9. Commission is calculated on approved Bookings and on the actual price paid by the Customer for accommodation, cancellation charges, spa or stay packages, services, conferences and training, including special offers and discount promotions. In justified cases, the Client may adjust the price of an approved Booking and thereby change the Commission. If the Client is registered for VAT, Commission is calculated on prices excluding VAT.
   10. PREVIO shall invoice Commission on Bookings monthly, no earlier than the first day of the month following the month in which the last day of the Booking falls and no later than 31 December of the relevant calendar year. PREVIO may charge the Client CZK 250 for each amended invoice resulting from a subsequent change to or cancellation of Commission that has already been approved and invoiced.

5. Data transfers to OTA (Channel Manager)

   1. PREVIO may automatically transmit prices, availability and certain other parameters entered by the Client in Previo.app to OTA, but only to the extent supported by each OTA.
   2. PREVIO does not change the settings of individual Extranets unless the Client expressly authorises PREVIO to do so. PREVIO shall configure the best possible data connection between Previo.app and each OTA. If the Client changes its Extranet settings without notifying PREVIO in writing by email, the Client assumes the risk of CHM failure and is fully responsible for any resulting loss or damage suffered by it.
   3. For selected OTAs, PREVIO shall download reservations and record them in Previo.app. Downloaded reservation data may not always contain all information available in the Extranets. PREVIO recommends that the Client always check amendments and cancellations immediately.
   4. Commission on downloaded reservations and the settlement of reservation prices are exclusively matters of the business relationship between the Client and the OTA, in which PREVIO has no right to intervene.
   5. The Client acknowledges that CHM data transfers (requests) to and from OTAs are processed according to the current load on Previo.app. Most requests are processed within one (1) minute. In exceptional cases, some data transfers may take longer than five (5) minutes. These times are indicative only and PREVIO does not guarantee that individual requests will be processed within them.
   6. PREVIO is not responsible for the lawfulness or substantive accuracy of data entered by the Client or obtained from an OTA. PREVIO is responsible for technically transmitting entered data to the extent and in the manner supported by the connection with the relevant OTA.
   7. Following the initial connection, the addition of a new distribution channel or a change to the data-transfer settings, the Client is responsible for fully checking the transmitted data. No later than fourteen (14) days after the connection or the most recent change to the settings of each channel, of which PREVIO shall notify the Client in writing by email, the Client shall verify the accuracy of the data on that channel and notify PREVIO in writing by email of any error found. If the Client does not respond within that period, the connection shall be deemed approved.
   8. A new distribution channel may be added, or the data-transfer settings of an existing connected channel changed, at any time while CHM is in operation, provided that the change is notified to PREVIO or made by the Client in Previo.app. PREVIO is entitled to charge an activation fee and a recurring monthly fee for adding or modifying a distribution channel.
   9. The Client bears the risk of errors and financial losses caused by incorrectly entering or mapping rooms, rate plans, prices, availability, restrictions or other data, changing Extranet settings, or incorrect or incomplete data supplied by an OTA. The Client shall resolve all resulting issues, including overbookings, no-shows and bookings made at an incorrect price, with the Customer or the relevant OTA. PREVIO is liable only for proven direct loss caused by its technical failure to transmit the entered data. PREVIO’s total liability for such loss is limited in accordance with Article 9 of these Terms.

6. Terms governing the processing of personal and other data (GDPR)

   1. PREVIO shall apply all of the following rights, obligations and provisions not only to the personal data of natural persons but also to all data processed in Previo.app on the Client’s instructions.
   2. To the extent that PREVIO processes personal data entered by the Client into Previo.app, the Client is the controller and PREVIO is the processor under the applicable laws, in particular the GDPR. The processing concerns the Client’s guests, customers and their contact persons and includes, in particular, identification, contact, accommodation, payment, accounting and operational data. Its purpose is to operate, maintain, support and secure the ordered services. Processing shall continue for the period of the Agreement and the subsequent periods for the return and deletion of data. PREVIO shall process the data only on the Client’s documented instructions or where required by law. If PREVIO considers that an instruction of the Client infringes the GDPR or other data-protection laws, it shall notify the Client without undue delay. The Client is responsible for the lawfulness of the data, the legal basis for processing, compliance with its transparency obligations and its instructions.
   3. PREVIO shall implement appropriate technical and organisational measures under the GDPR and Act No. 264/2025 Coll., on Cybersecurity, and its implementing regulations to the extent applicable to PREVIO. Access to data shall be limited to authorised persons bound by confidentiality obligations. These measures shall remain in place until the data are returned or deleted.
   4. The Client grants PREVIO general written authorisation to engage sub-processors required to provide the services. PREVIO shall impose on each sub-processor data-protection obligations no less stringent than those set out herein and shall remain responsible for their performance as for its own. PREVIO shall provide the Client with an up-to-date list of sub-processors upon request. PREVIO shall inform the affected Client at least fourteen (14) days in advance of the intended appointment of a new sub-processor, or replacement of an existing sub-processor, that will process the Client’s data and shall allow the Client to raise a reasoned objection on data-protection grounds. If the appointment or replacement of a sub-processor is necessary for security reasons or to ensure continuity of service and the period set out in the preceding sentence cannot be met, PREVIO shall inform the Client as soon as possible after the change has been made.
   5. If PREVIO becomes aware of a breach of the security of the Client’s data, it shall notify the Client without undue delay, provide the available information needed for the Client to comply with its statutory obligations, and take appropriate measures to mitigate and remedy the effects.
   6. PREVIO may process data within the European Economic Area. It may transfer or make data available outside the European Economic Area only in compliance with the relevant chapter of the GDPR and subject to appropriate safeguards. PREVIO shall provide the Client, upon request, with information on the safeguards used.
   7. PREVIO shall provide the Client with reasonable assistance in responding to requests from data subjects, assessing incidents, conducting data protection impact assessments, dealing with a supervisory authority and carrying out a reasonable audit. Upon request, PREVIO shall provide the information necessary to demonstrate compliance with the GDPR. The Client may conduct an audit no more than once per year, unless a security incident has occurred or there are reasonable grounds to suspect a breach of obligations, and always by prior agreement so as not to cause disproportionate disruption to PREVIO’s operations.
   8. PREVIO shall ensure that data processing is secured, in particular, as follows:
      1. personal data shall be accessible only to authorised persons of PREVIO and its sub-processors whose conditions and scope of data processing have been determined by PREVIO, and each such person shall access personal data using a unique identifier;
      2. personal data shall be processed in the systems and secure environments of PREVIO and its sub-processors, to which only authorised persons shall have access;
      3. PREVIO shall prevent the unauthorised reading, copying, alteration or deletion of records containing personal data;
      4. PREVIO shall implement measures enabling it to identify and verify who altered or deleted personal data.
   9. PREVIO shall make every effort to protect the Client’s data against theft, unauthorised use by third parties, loss and damage. PREVIO shall not be liable for loss or damage suffered by the Client as a result of damage to data by a third party or unauthorised manipulation of data, provided that PREVIO did not knowingly fail to comply with data-security rules. If data are damaged by a third party or the Client’s data are manipulated without authorisation because PREVIO failed to comply with data-security rules, PREVIO shall be liable for the Client’s actual and proven loss. PREVIO’s total liability for such loss in any calendar year shall not exceed twelve times the monthly PMS fee applicable when the loss occurred. PREVIO shall not be liable for loss of profit or any indirect or consequential loss. PREVIO shall pay the quantified loss to the Client within fourteen (14) days after the Client has proved the loss. PREVIO shall not be liable if the loss resulted from misuse of login credentials caused by a breach of obligations by the Client or its users, including the use of a weak password, failure to use available two-factor authentication or inadequate security of the Client’s devices, or a breach of other obligations set out in Article 10. The limitations of liability in this paragraph shall not apply to loss or damage caused intentionally, through gross negligence or in any other case where liability may not be limited by law.
   10. In selected cases, payment card data are processed in Previo.app. For this part of the system, the Technology Provider annually demonstrates compliance with the Payment Card Industry Data Security Standard (PCI DSS), a set of international security standards designed to prevent breaches involving sensitive cardholder data (see https://www.pcisecuritystandards.org/), and holds a valid Attestation of Compliance (AOC) covering the relevant systems and services used to provide Previo.app. By entering into the Agreement, the Client represents that, if it uses functions that display sensitive payment-card data in Previo.app, it shall do so only after it has itself achieved compliance with PCI DSS.
   11. PREVIO may, on the basis of its legitimate interests, record and evaluate calls with the Client in order to document requests, ensure the quality of support, protect legal claims and improve services. The caller shall be informed of the recording in advance and may use another available communication channel. Access to recordings is limited to authorised persons and recordings are retained only for as long as necessary. Further details are set out in the Privacy Policy.
   12. In relation to the personal data of the Client’s users and employees, PREVIO may act in either capacity depending on the purpose of the particular processing. It acts as a processor where it processes such data on the Client’s instructions for the purpose of providing the ordered services, in particular when operating user accounts, configuring permissions and providing support. It acts as an independent controller only for its own purposes, in particular to manage the contractual relationship, secure Previo.app, prevent misuse, comply with its own legal obligations and protect legal claims. PREVIO acts in the same capacity as controller when processing the Client’s contact and contractual data and any call recordings. PREVIO may also use irreversibly anonymised data for analytics and service improvements. Further details are set out in the Privacy Policy. The Privacy Policy does not govern the processing of personal data on behalf of the Client, which is governed by this Article of the Terms.

7. Functions using artificial intelligence (AI Act)

   1. Some Previo.app services use artificial intelligence or other automated tools, in particular to extract data from documents, prepare communication drafts, analyse operational data and recommend prices or other actions. The Technology Provider develops and operates these functions using its own AI models or commercially available enterprise AI models provided by third parties. Where third-party models are used, PREVIO shall ensure that Client data are not used by those third-party providers to train their general-purpose models. This process shall be governed in particular by the AI Act.
   2. Outputs generated by these functions are advisory and may contain inaccuracies. Recognition of data from an identity document does not verify the document’s authenticity or the identity of its holder unless otherwise stated for a particular function. The Client is responsible for reviewing and using the outputs for communications sent on its behalf and for final business decisions, including pricing. Where outputs are used automatically, the Client shall ensure appropriate oversight.
   3. The Client may process through these functions only data that it is authorised to use for the relevant purpose. PREVIO shall process Client data only to the extent necessary to provide the agreed services and in accordance with the personal-data provisions of these Terms. The Technology Provider may use Client data to develop its own general models for use by other clients only in anonymised or aggregated form, unless expressly agreed otherwise with the Client.
   4. If an AI function communicates directly and automatically with a natural person, that person shall be informed that they are interacting with AI, unless this is obvious from the circumstances. This does not apply to a draft prepared using AI that is reviewed and sent by a person before dispatch.

8. Confidentiality

   1. All non-public information disclosed by either party to the other in connection with the Agreement shall be considered confidential if its confidential nature follows from its content or the circumstances of disclosure, including, in particular, commercial, pricing, operational, technical and security information, the Client’s data and information about its customers. Each party shall use confidential information only for the performance of the Agreement, protect it with at least the same degree of care as it uses for its own confidential information, and disclose it only to persons who need to know it and are bound by appropriate confidentiality obligations. Information shall not be considered confidential if it is publicly available without breach of an obligation, was demonstrably known to the recipient beforehand, or must be disclosed under applicable law or a decision of a public authority.
   2. The confidentiality obligation shall survive termination of the Agreement for five (5) years.

9. System outages and errors, contractual penalties and other terms

   1. If Previo.app is unavailable due to a failure of PREVIO’s technical equipment or scheduled maintenance for more than 2% of the total time in a calendar month, the Client may claim a discount equal to one (1) monthly fee for the function or service that was unavailable during that time.
   2. PREVIO’s liability for proven direct loss caused by the unavailability of Previo.app or any of its functions shall not exceed the total Fees paid by the Client for the affected services for the calendar month in which the loss occurred. PREVIO’s liability for proven direct loss caused by any other latent defect or unintentional error in Previo.app shall not exceed twelve (12) times the monthly Fee for the affected service applicable when the loss occurred, in aggregate for all such losses arising during any period of twelve (12) consecutive months. PREVIO shall not be liable for loss of profit or any indirect or consequential loss. These limitations shall not apply to loss or damage caused intentionally, through gross negligence or in any other case where liability may not be limited by law.
   3. If the Client is late in making any payment, the Client shall pay PREVIO a contractual penalty of 0.05% of the outstanding amount for each day of delay, unless the parties agree otherwise in a particular case.
   4. All contractual penalties shall be due within fourteen (14) days after delivery of a request for payment by registered post or Data Inbox.
   5. In the event of doubt, a hard-copy document shall be deemed delivered on the tenth (10th) day after being handed over for postal delivery. A document sent to a Data Inbox shall be deemed delivered when an authorised person logs into the Data Inbox, but no later than the tenth (10th) day after delivery to the Data Inbox, unless applicable law provides otherwise.
   6. The Client agrees that payment documents (invoices) shall be issued and sent exclusively electronically by email.
   7. PREVIO may change the Fees no more than once per calendar year, in particular due to inflation, changes in costs or third-party prices, or changes in the scope of the services. PREVIO shall notify the Client of the new Fees by email at least thirty (30) days before they take effect and before issuing the next invoice to which the new Fees apply. The Client may reject the change and give notice to terminate the Agreement for that reason no later than on the due date of that invoice. If the Client pays the invoice in full, the change to the Fees shall be deemed accepted and the right to reject it shall lapse. If the Client rejects the change in time, the original Fees shall apply until termination of the Agreement and PREVIO shall amend the invoice accordingly. If the Client neither pays the invoice nor rejects the change within that period, the new Fees shall apply from the notified date and the Client shall be in default once that period has expired.
   8. PREVIO may, after prior notice, temporarily suspend the affected services if the Client is more than fourteen (14) days late in making payment. PREVIO may suspend the services without prior notice if their use threatens the security or availability of Previo.app, the data of other persons, or breaches applicable law. Once the reason for suspension ceases to exist, PREVIO shall restore the services without undue delay. Suspension of the services does not release the Client from its obligation to pay amounts due.
   9. Neither party shall be liable for any delay or failure to perform caused by an extraordinary, unforeseeable and insurmountable event beyond its control, such as a widespread network or power outage, a cyberattack despite appropriate security measures, a decision of a public authority, or a natural disaster. The affected party shall notify the other party without undue delay and take reasonable steps to mitigate the effects.

10. Client obligations when using Previo.app

    1. The Client shall ensure that each authorised person accesses Previo.app through their own user account. The Client shall promptly cancel or restrict the accounts of users who have ceased working for it or no longer need them.
    2. The Client shall protect login credentials and API keys from disclosure to third parties. Login credentials and API keys shall not be shared through unsecured communications.
    3. The Client shall promptly notify PREVIO of any suspected compromise of a user account or API key, or any unauthorised access to data in Previo.app. The notification shall be sent to info@previo.cz.
    4. PREVIO shall not be liable for any loss or damage resulting from a breach of the obligations under this Article.

11. Data portability and payment obligations upon termination (Data Act)

    1. Upon termination of the Agreement, including termination with immediate effect, PREVIO shall enable the Client to switch to another provider, transfer data to its own infrastructure, or obtain the Client’s exportable data and digital assets. This process shall be governed in particular by the Data Act.
    2. To the extent maintained within the ordered services, the export shall include lists of guests, companies, contact persons, bookings, accounting documents, payments, inventory transactions, inventory items, defects and tasks. The data shall be provided in a structured, commonly used and machine-readable format. An overview of the available formats and known technical limitations is provided in Previo.app. PREVIO’s assistance shall consist, in particular, of making the export available, providing basic information and resolving technical obstacles on PREVIO’s side. An up-to-date overview of data structures, export formats, standards used and known technical limitations is available at https://help.previo.app.
    3. The Client may export its data from Previo.app in the available formats at any time. Upon termination of the Agreement, the Client should complete the export during the notice period. If the Client chooses not to export the personal data, it may request their deletion without prior export, in which case PREVIO shall delete or irreversibly anonymise them without undue delay. If the Client does not request such deletion and does not use the option set out below, PREVIO shall delete or irreversibly anonymise the data no earlier than thirty (30) days and no later than ninety (90) days after termination of the Agreement. If the Client uses the option set out below, PREVIO shall delete or irreversibly anonymise the personal data and delete all remaining copies after the applicable retrieval period. This shall not apply where their continued retention is required by law.
    4. If the Client requests it no later than by the end of the notice period, PREVIO shall continue to provide the entire Previo.app service, including data exports, for a transition period of thirty (30) days after the notice period ends. The Client may extend this period once for a period it considers reasonable for its needs. During the transition period and any extension, the Agreement shall remain in effect and the Client shall pay the Fees in the same amount and on the same terms as before.
    5. After the transition period ends, PREVIO shall allow the Client to obtain exportable data for an additional period of thirty (30) days. No Fees shall be charged during that period solely for making the exports available. If the Client requests continued access to the full Previo.app service, it shall pay the standard Fees.
    6. Notwithstanding Article 11.4, if PREVIO terminates the Agreement for a material breach of the Client’s obligations, in particular for failure to pay the Fees within an additional reasonable period, PREVIO shall not be required to maintain the Client’s ordinary access to or other functions of Previo.app. For the period specified in this Article, however, PREVIO shall enable the Client to obtain exportable data and digital assets through restricted export-only access, by making an export package available, or by another reasonable and secure method. This shall be without prejudice to PREVIO’s claims for payment of outstanding amounts, default interest, contractual penalties and recovery costs.
    7. Termination of the Agreement shall not release the Client from any payment obligation arising in connection with the Agreement. All such obligations shall become due no later than fourteen (14) days after termination of the Agreement.

12. Final provisions

    1. No rights or obligations other than those expressly set out in the Agreement and these Terms shall be inferred from any past or future course of dealing between the parties or from any general or industry practice relating to the subject matter of the Agreement.
    2. PREVIO may transfer its rights and obligations under the Agreement to a company within the PREVIO group, a legal successor, or an acquirer of its business or any part thereof, provided that the new provider assumes all obligations under the Agreement and there is no reduction in the scope of the Client’s rights, the level of services or data protection. PREVIO shall inform the Client of the transfer without undue delay.
    3. If any provision of the Agreement or these Terms is unenforceable or invalid, this shall not affect the enforceability or validity of the Agreement and these Terms as a whole. In such a case, the parties shall use all good-faith efforts to replace the unenforceable or invalid provision with an enforceable and valid provision whose purpose corresponds as closely as possible to the purpose of the original provision and the objectives of the Agreement and these Terms.
    4. All relationships arising from the Agreement and these Terms shall be governed by the laws of the Czech Republic. Any disputes shall be decided by the courts of the Czech Republic having subject-matter jurisdiction; territorial jurisdiction shall lie with the court having jurisdiction over PREVIO’s registered office.
    5. The parties expressly confirm that they are business entities and enter into the Agreement and these Terms in the course of their business activities. Pursuant to Section 1801 of Act No. 89/2012 Coll., the Civil Code, as amended, the parties agree that Sections 1793 (gross disparity), 1796 (usury) and 1798 to 1801 (contracts of adhesion) of that Act shall not apply to their relationship arising from the Agreement and these Terms.

This version of the Terms is effective from: 1 November 2026