TERMS & CONDITIONS.

 

1. Definitions

In these Terms and Conditions:

  • “Konstante” means Konstante s.r.o., Na Hrebienku 2A, 811 02 Bratislava, Slovak Republic, VAT: SK2120239176.

  • “Client” means any legal entity (B2B) or consumer (B2C) using the Services.

  • “Consumer” means a natural person acting outside their trade, business, or profession.

  • “Services” means all software, automation, AI, lead‑generation, CRM‑related, and associated services provided by Konstante.

  • “Agreement” means any contract, order form, or acceptance of these Terms.

  • “Applicable Law” means all laws applicable within the European Union, including consumer protection laws.

2. Scope and Acceptance

These Terms govern all access to and use of the Services.

By using the Services, the Client agrees to be bound by these Terms.

Any deviations must be expressly agreed in writing.

3. Eligibility

Konstante provides Services to:

  • Business Clients (B2B)

  • Consumers (B2C), where applicable

If a Service is restricted to B2B only, this will be clearly indicated before purchase.

4. Services Description

Konstante provides:

  • SaaS platform access

  • automation tools (email, SMS, AI‑based communication)

  • lead‑generation and CRM‑related features

  • integrations with third‑party platforms

  • workflow automation

Services may evolve or be updated over time.

5. Acceptable Use

The Client shall not:

  • use the Services for unlawful purposes

  • send unsolicited or illegal communications (spam)

  • violate GDPR, ePrivacy, or consumer protection laws

  • infringe third‑party rights

  • use the Services for misleading or deceptive practices

Konstante may suspend access for violations.

6. Client Responsibilities

The Client is responsible for:

  • all data uploaded or processed

  • ensuring a lawful basis for processing personal data

  • compliance with GDPR, ePrivacy, and Applicable Law

  • the content of communications sent via the platform

  • maintaining secure login credentials

Consumers must ensure that information they provide is accurate.

7. Data Protection

  • Processing of personal data is governed by: Konstante’s Privacy Policy

  • the Data Processing Agreement (DPA) for B2B clients where applicable

Roles under GDPR:

  • B2B Client = Data Controller

  • Konstante = Data Processor

For B2C users, Konstante may act as Data Controller for certain processing activities.

8. Subprocessors and International Transfers

Konstante may use third‑party providers.

Where personal data is transferred outside the EEA, Konstante ensures lawful safeguards, including:

  • Standard Contractual Clauses (SCCs)

  • other approved mechanisms

9. Fees and Payment

  • Fees are defined in agreements, order forms, or invoices.

  • All fees are exclusive of VAT unless stated otherwise.

  • Payments must be made on time.

  • Late payments may result in suspension of Services.

For Consumers (B2C):

  • Prices will be displayed including VAT.

  • Consumers will receive clear pricing before purchase.

10. Right of Withdrawal (Consumers Only)

Consumers have the right to withdraw from the Agreement within 14 days without giving any reason, unless:

  • the Service has already been fully delivered with the Consumer’s consent

  • the Consumer has explicitly agreed to waive the withdrawal right

A withdrawal form will be provided upon request.

11. Service Availability

Konstante aims for high availability but does not guarantee uninterrupted service.

Maintenance, updates, or third‑party failures may affect availability.

12. Intellectual Property

All intellectual property rights remain the exclusive property of Konstante.

The Client receives a:

  • limited

  • non‑exclusive

  • non‑transferable

  • revocable

license to use the Services.

13. Confidentiality

Both parties must keep confidential information secure and not disclose it to third parties, except where required by law.

14. Limitation of Liability

For B2B Clients:

  • Konstante is liable only for direct damages.

  • Liability is capped at the fees paid in the last 3 months.

  • Konstante is not liable for indirect damages, loss of profit, loss of data, or reputational damage.

For Consumers (B2C):

Liability is governed by mandatory EU and national consumer protection laws.

15. Indemnification (B2B Only)

B2B Clients shall indemnify Konstante against claims arising from:

  • unlawful use

  • GDPR violations

  • unauthorized communications

  • third‑party claims related to Client data

This clause does not apply to Consumers.

16. No Warranty

Services are provided “as is” and “as available”.

Konstante does not guarantee:

  • performance

  • business results

  • lead generation outcomes

17. Third‑Party Services

Konstante is not responsible for:

  • outages or disruptions

  • API changes

  • data handling by third parties

The Client must comply with third‑party terms.

18. Suspension and Termination

Konstante may suspend or terminate access if:

  • Terms are violated

  • payment is overdue

  • legal or security risks arise

Consumers will be notified in accordance with consumer protection laws.

19. Force Majeure

Konstante is not liable for failures caused by events beyond reasonable control, including:

  • network failures

  • third‑party outages

  • governmental actions

  • natural disasters

20. Modifications

Konstante may update these Terms.

Continued use constitutes acceptance.

For Consumers, material changes will be communicated in advance.

21. Governing Law

These Terms are governed by the laws of the Netherlands.

22. Jurisdiction

Disputes shall be submitted to the competent courts in the Netherlands, unless mandatory consumer law provides otherwise.

23. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, DPA (where applicable), and any written agreements, constitute the entire agreement between the parties.