Terms of Service

Last updated: July 31, 2021

Please read these Terms of Service carefully before using Our Service. By completing the registration process, or using the Service You acknowledge that You agree to be bound by these terms of service.

1. Definitions

The following words, regardless of whether they appear in singular or plural, have meanings defined under the following conditions.

  • Account represents Your access to the Service and to Your Projects (or Projects made accessible to You by other Clients). Natural persons must be fully competent to register an account.

  • Client (also referred as "You", or "Your") means the individual, company, organization, or other legal entity accessing or using the Service.

  • Company (also referred as "We", "Us", "Phaistos", or "Our") refers to Phaistos s.r.o., a limited liability company headquartered at Vítězství 107, 407 11 Děčín XXXII, Czechia.

  • Content represents any data, or information (such as, but not limited to, texts, images, photos, audio, videos, or code) created, uploaded or managed using the Service.

  • Country refers to Czechia.

  • Plan defines a set of features and limitations offered to the Client within a Project either free of charge or for a subscription fee.

  • Project represents a collection of Contents and settings created, or adjusted in the Service. It gives You access to the features provided by the Service.

  • Service (also referred as "Our Service") means the software and services provided by the Company under the Phaistos name, operated through the URL www.phaistos.io, phaistos.io, preview.phaistos.io, or app.phaistos.io.

  • Terms of Service (also referred as "Contract") refers to these Terms of Service, our Privacy Policy, and any other individual agreements between the Company and the Client.

  • Website refers to a website, blog, or online store, that the Client creates, manages, or publishes by using the Service.

2. Acknowledgment

Your use of the Service is subject to these Terms of Service governing the rights and obligations of all users of the Service.

By using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

We may terminate Your access to the Service at any time, with or without cause, with or without prior notice. We may refuse any refunds for paid Plans in case we have terminated Your access to the Service due to Your violation of these Terms of Service (see 6. Subscriptions, Renewal and Refunds for further details).

3. Minimum Age Requirements

You are not allowed to access or use the Service if You are under the age of 18 (or the legal age of majority where You live). By creating an Account You represent that You are at least 18 and can form a binding contract with Us.

4. Prohibited and Unauthorized Use

Related to the use of the Service, You are prohibited from any activity that violates any applicable law, or these Terms of Service, violates any principles concerning the protection of minors, or violates any third-party rights.

You are fully responsible for the Content available on Your Website, and any harm resulting from that Content.

In particular, the following actions are prohibited:

  • uploading, storing, and publishing Content You are not authorized to provide (e.g. copyrighted content);

  • using the Service to store, transmit, or display pornographic, hate, violent, or otherwise inappropriate Content;

  • using the Service to store, transmit, or display data for fraudalent purposes;

  • using the Service to store, transmit, or display data in violation of applicable laws and regulations;

  • using the Service or its documentation to develop a competitive product;

  • reverse engineering, decompiling, or otherwise extracting source code from the Service;

  • collecting, or trying to collect information about other Clients;

  • attempting to gain unauthorized access to the Service, Company's systems, or networks;

  • creating unreasonably large load on Our infrastructure (e.g. using robots to send more requests to Our servers over a period of time than a human could produce in the given period of time using a standard web browser).

Our Service may contain links to third-party websites or services. We have no control over the content and privacy policies of third-party websites or services. We are not responsible for any harm caused by You accessing, or using third-party websites or services (including third-party websites managed by our Clients that can be accessed on a subdomain of phaistos.io).

Furthermore, we are not responsible for any harm caused by You making purchases, or downloading Content from third-party websites or services (including third-party websites managed by our Clients that can be accessed on a subdomain of phaistos.io).

6. Subscriptions, Renewal and Refunds

6.1 Payments and billing details

Payments for paid Projects are made by credit card and are quoted and to be paid in US dollars ($). All listed fees are net amounts, they do not include any applicable VAT, other applicable taxes, duties, or transaction-related fees. Those additional cost are to be borne by the Customer, who agrees to indemnify the Company from any claim for these costs.

The Customer is responsible for providing the required billing information, and keeping this information up-to-date. You must immediately update Your billing details, if those are subject to changes during the contract period.

6.2 Free Trial

When You create a Project, we will automatically activate a 30-day free trial Plan. The features of the free trial are the same as those of the largest paid Plan (BUSINESS).

After the free trial expires, Your Project will be downgraded to the FREE Plan. This may result in the loss of some settings, features, or Content — based on the limitations and available features of the FREE Plan, the Company is not liable for such losses.

6.3 Subscriptions

The Customer can choose between a monthly or a yearly billing period for a paid Plan. The obligation begins on the day You subscribe to a paid Plan. An upgrade to a paid Plan ends the free trial.

The subscription fee for the entire billing period will be charged immediately after the Plan upgrade. All subscriptions will be automatically renewed at the end of the billing period until canceled. The Customer can cancel the subscription anytime. The paid Plan will remain active until the end of the paid subscription period.

The Company reserves the right to update the agreed prices. We will provide a two months' email notice before the changes become effective. You may terminate the Contract in accordance with these Terms of Service upon the effective date of these price changes.

6.4 Plan upgrades and downgrades

If You downgrade or upgrade Your Plan within an active subscription period, We will pro-rate Your future payments based on the unused time of Your previous subscription.

In case of a Plan downgrade, the difference in fees will be applied to future bills. No refunds will be issued when You downgrade to the FREE Plan, cancel the subscription, or terminate Your Account. Downgrading the Plan may result in the loss of some settings, features, or Content — based on the limitations and available features of the Plan You downgrade to, the Company is not liable for such losses.

If Your payment fails, paid Plans are not paid for or paid for on time, or We suspect a payment is fraudalent, we may immediately cancel Your subscription or revoke your access to paid Plans without a notice to You.

6.5 Additional fees

We may provide, at Your request and within the scope of Our possibilities, additional services for a separate, individualy agreed, fee at hourly rates.

7. Duration and Termination

We will provide the Service for a period of 1 month or 12 months depending on the selected billing cycle, starting from the date of the contract. After expiration of the respective period, We will automatically extend the contract by a further period of the same length, unless You cancel Your subscribtion, or terminate Your Account.

If You cancel the subscription, delete Your Account, or We terminate Your Account due to a violation of these Terms of Service, You have no right to any refunds or credits from the Company for subscription periods already paid.

You are eligible to refunds for paid subscriptions from the Company in case of Our violation of Our Responsibilities and Guarantees defined in 8. Responsibilities and Guarantees, to the extent of the fees You have paid for Your subscription within the respective billing period, in which this violation occured.

You may terminate Your Account at any time. If any of Your Projects is on a paid Plan, You must downgrade those to the FREE Plan before terminating Your Account.

Termination of Your Account, or downgrading the Service, may result in the loss of some settings, features, Content, or other data, the Company is not liable for such losses.

8. Responsibilities and Guarantees

The Company warrants that during the contract period:

  • the Service is provided as agreed and in accordance with the applicable documentation;

  • the Service is provided in accordance with the Service Level Agreement (see 10. Service Level Agreement).

The Company does not guarantee that:

  • the Service will meet Your specific requirements;

  • the quality of the Service will meet Your expectations;

  • that any errors in the Service will be corrected;

  • the Service will be provided in an uninterrupted, timely, secure, or error-free manner.

The Client is responsible:

  • for informing the Company in writing of any faults in the Service upon discovery, and for assisting the Company in troubleshooting;

  • for all the Content the Client uploads, creates, or manages within the Service. In particular, You are responsible for making sure that You are authorized to provide the respective Content, and that the respective Content does not violate any of the actions described in 4. Prohibited and Unauthorized Use.

9. Limitation of Liability

In no event will We or Our directors, employees, or agents be liable to You or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from Your use of the Service, even if We have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Nothwistanding anything to the contrary contained herein, Our liability to You for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by You to Us during the twelve (12) month period prior to the cause of action or $100.

Phaistos shall have no liability for any failure or delay due to matters beyond its reasonable control.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers or limitations may not apply to You, and You may have additional rights. In these states, each party's liability will be limited to the greatest extent permitted by law.

10. Service Level Agreement

The Company warrants that the Service will have at least 99% availability on a monthly average (Our availibility is monitored by multiple services, see https://stats.uptimerobot.com/LB635tPO0G for the publicly available monitoring).

The Service response time is usually between 50 and 400 ms per request. The final response times depend on several factors We cannot influence — the location of the user and/or the Client, and the speed of the internet connection. The Company does not warrant that the response times will be in the range of 50 and 400 ms.

The Service Level Agreement does not apply if the Service is not available for the following reasons:

  • factors beyond Our control, including force majeure;

  • defects in services, devices, and/or software of third parties, as well as third-party providers;

  • defects in Your service, devices and/or software;

  • misuse or abuse of the Service by You, Your employees, or users;

  • use of the Service in a manner that does not conform to the requirements described in these Terms of Service and in the documentation;

  • exceeding limitations of Your Plan.

11. Licenses and Proprietary Rights

You grant the Company a non-exclusive, revocable right to store, copy, transmit, and display Your Content, and to interact with third-party services as necessary to ensure the proper functioning of the Service and to fulfill Our obligations defined in this Contract.

You grant the Company the right to use and implement all the comments, ideas, recommendations, or any other feedback You share with Us without any restriction or compensation to You.

Those Terms of Service do not transfer any intellectual property of the Company or a third-party to You.

12. Data Protection

All interactions and data exchanged between the Client and the Service is encrypted and provided via HTTPS.

The Company is entitled to anonymize usage data and use the anonymouse data for the purpose of improving the service, and/or for other business purposes.

By creating an Account You authorize the Company to transmit, store, and process all data (such as website data, tracking information, and/or Content) transmitted within the use of the Service.

Our Privacy Policy explains how we treat and protect Your and Your end users' personal information and privacy .

13. Final Provisions

13.1 Servability

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

13.2 Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

13.3 Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms of Service at any time. We will email You the changes at least 30 days before the changes take effect. Your continued access or use of the Service constitutes acceptance of these changes to the agreement.

13.4 Governing Law

The contractual relationship between the Company and the Client is governed by the Czech law, with the exclusion of the UN sales law. Your use of the Service may also be subject to other local, state, national, or international laws.

13.5 "AS IS" and "AS AVAILABLE" Disclaimer

Except as represented in these Terms of Service, the Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. Other than as provided in these Terms of Service, the Company makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose.

13.6 Contact

If You have any questions about those Terms of Service and/or about the Service You can contact us: