Terms of Service

1. Definitions

1.1 " Services " means any service we supply under these Terms, including voice services, game server hosting, custom development services and any related support; " Service " means any individual one of them.

1.2 " Order " means your request to subscribe to a Service, placed through our portals, by written offer and acceptance, or through a Statement of Work.

1.3 " Consumer " means a natural person who acts outside the scope of their business activity or profession when entering into the contract. " Business Customer " means any other customer, including sole traders acting within their business activity.

1.4 " Customer Data " means any data, content or configuration you or your End Users store, transmit or process using the Services.

1.5 " End User " means any person to whom you make the Services, or anything built on them, available — including your employees, your customers and players connecting to a game server you operate.

1.6 " Billing Period " means the recurring period for which a Service is charged, as stated in the Order (typically one month, or one year for annual plans).

1.7 " Statement of Work " means a document agreed by both parties that describes custom development services under Annex D.

1.8 " text form " means a durable medium, such as email or a message in the customer portal.

1.9 " working day " means a day other than a Saturday, a Sunday or a public holiday in the Czech Republic.

2. Scope, structure and order of precedence

2.1 These Terms apply to every Order and form part of every contract concluded with us. They are made available to you before the contract is concluded and are sent to you, in text form, together with the confirmation of your Order.

2.2 The contract consists of the following documents, which in the event of conflict take precedence in this order: (a) the Order or Statement of Work signed or confirmed by both parties; (b) the product annexes to these Terms that apply to the Service ordered; (c) the Service Level Agreement (Annex E); (d) the Data Processing Agreement (Annex F); (e) these Terms; (f) the Acceptable Use Policy (Annex A).

2.3 Your own general terms and conditions do not apply, even if we do not expressly object to them and even if we perform the contract with knowledge of them.

2.4 These Terms apply to both Consumers and Business Customers. Where a clause applies to only one of them, it says so.

3. Conclusion of the contract

3.1 The presentation of Services on our websites is an invitation to treat and not a binding offer. The contract is concluded when we confirm your Order in text form or, if earlier, when we make the Service available to you.

3.2 You must provide complete and accurate identification data when ordering, and keep them up to date throughout the contract. Where voice services or numbering resources are supplied (see Annex B.1), the data required by law are set out in Annex B.

3.3 We may verify your identity and the data you provide, and may make the conclusion or continuation of the contract conditional on that verification, on a deposit, or on a credit limit. We may refuse an Order without giving reasons, in particular where we have a reasonable suspicion of fraud, where a previous contract with you was terminated for cause, or where supplying you would breach sanctions or export control rules.

3.4 Business Customers warrant that the person placing the Order is authorised to bind them.

3.5 Consumers must be at least 18 years old to enter into a contract with us. Game server hosting may be used by minors aged 13 or over only under the responsibility of a parent or legal guardian, who becomes the Customer under these Terms.

4. The Services

4.1 The scope, functionality, technical characteristics and interoperability requirements of each Service are described on the corresponding product page and in the applicable product annex, which together define what we owe you.

4.2 We supply the Services with the professional care and skill customary in our industry. Unless a specific result is expressly agreed in an Order or Statement of Work, we owe our best professional efforts and not a particular outcome.

4.3 We may develop, improve and modify the Services, provided that no such change materially reduces the functionality of a Service you have already ordered during a Billing Period already paid for. Material changes are governed by clause 16.

4.4 We may perform planned maintenance. Where maintenance is likely to interrupt a Service, we will give at least 48 hours' notice and will, where reasonably possible, carry it out during low-traffic windows. Emergency maintenance may be carried out without notice.

4.5 We may use subcontractors and suppliers to provide the Services. We remain responsible to you for their performance as if it were our own.

5. Your obligations

5.1 You must use the Services in accordance with these Terms, the Acceptable Use Policy (Annex A) and applicable law, and you must ensure that your End Users do the same.

5.2 You are responsible for the security of your account, credentials, SIP registrations, API keys and access tokens. You must keep them confidential, use strong and unique passwords, and enable the security features we make available. You must notify us without undue delay upon becoming aware of any unauthorised use or security incident affecting your account. We may treat any instruction given from your account as authorised by you.

5.3 All use of the Services made through your account or credentials is attributed to you and you are liable for the resulting charges, including where that use is unauthorised or fraudulent, except where the unauthorised use is directly caused by our gross negligence or wilful misconduct. For Consumers, this clause applies only to the extent permitted by mandatory law. Specific rules for voice fraud are set out in Annex B.

5.4 You are responsible for the software you install, the configurations you apply and the content you or your End Users store or transmit, and for holding all licences, consents and authorisations required for them.

5.5 You must cooperate with us to the extent reasonably necessary for us to supply the Services, including by providing access, information and technical contacts, and by responding to abuse notices within the deadlines stated in our notices under clause 11.

6. Prices, taxes and payment

6.1 Prices are those stated on the product page or in the Order at the time the Order is placed. Recurring Services are charged per Billing Period, in advance. Usage-based charges (such as call minutes or numbering, where supplied under Annex B.1) are charged in arrears for the period in which they were incurred.

6.2 We are not a value added tax payer in the Czech Republic. Prices are quoted and invoiced without Czech VAT, and our invoices show no VAT. For Consumers, the price displayed at the time of ordering is the total price payable. Where the law of your own country requires you to account for tax on services received from abroad, doing so is your responsibility. If we become registered for VAT, or if the place of supply rules oblige us to charge tax in your country, we will notify you under clauses 16.2 and 16.3 before the change takes effect.

6.3 Invoices are issued electronically and are due on the date stated on the invoice. Unless otherwise agreed, we take payment automatically from the payment method registered in your account.

6.4 If a payment is not made when due, statutory default interest accrues from the day following the due date without any reminder being necessary. We may charge the reasonable costs of collection.

6.5 If an invoice remains unpaid, we may suspend the Services in accordance with clause 9 after sending you a reminder and allowing at least seven (7) days from the reminder to pay. Suspension does not release you from your obligation to pay the charges accruing during the suspension.

6.6 You may only set off claims against our invoices where your counterclaim is undisputed, has been finally determined by a court, or arises from the same contractual relationship. This restriction does not apply to Consumers.

6.7 Objections to an invoice must be raised within thirty (30) days of the invoice date. This does not affect the statutory rights of Consumers.

7. Term, renewal and ordinary termination

7.1 The contract runs for the Billing Period stated in the Order and renews automatically for successive periods of the same length, unless terminated in accordance with this clause. We will remind you of an upcoming renewal of an annual plan in good time before it takes effect.

7.2 You may terminate a Service with effect from the end of the current Billing Period by giving notice through your account or in text form at any time up to twenty-four (24) hours before the renewal date. No reason is required and no cancellation fee applies. A notice of termination is timely if it is submitted through your account or dispatched by that time; the deemed-receipt rule in clause 18.2 does not apply to it.

7.3 We may terminate a Service for convenience with three (3) months' notice, effective at the end of a Billing Period.

7.4 Termination for convenience does not entitle you to a refund of charges for a Billing Period already commenced, except where mandatory law provides otherwise or where we have terminated under clause 7.3, in which case we refund the pro-rata unused portion of any prepaid charge.

7.5 Fixed-term commitments longer than one Billing Period, and any discount granted in exchange for such a commitment, are only binding where expressly agreed in the Order.

8. Customer Data, backups and deletion

8.1 As between you and us, Customer Data is and remains yours. We process it only to supply the Services and as described in Annex F.

8.2 You are responsible for maintaining your own up-to-date backups of Customer Data. This obligation applies even where you have purchased a backup service from us; in that case you remain responsible for configuring it correctly and verifying that it works.

8.3 On termination or expiry of a Service you may export your Customer Data. Unless we are required by law to retain it, or unless a longer period is stated in the applicable product annex, we delete Customer Data thirty (30) days after the Service ends. After that period, deletion is automatic and irreversible.

8.4 Where the Service is terminated for cause under clause 9 for illegal content or for serious abuse, we may delete the affected data immediately where retaining it would itself be unlawful.

9. Suspension and termination for cause

9.1 We may suspend a Service, in whole or in part, where: (a) you are in default of payment as described in clause 6.5; (b) we have a reasonable suspicion of fraudulent, abusive or illegal use, or of a security compromise; (c) your use threatens the integrity, security or availability of our network or of other customers' services; (d) we are required to do so by a competent authority or by law; or (e) you materially breach these Terms or the Acceptable Use Policy and, where the breach is capable of remedy, fail to remedy it within a reasonable period stated in our notice.

9.2 Suspension is limited to what is reasonably necessary and is lifted without undue delay once the cause has been removed. Where a delay would create a risk of harm, of liability or of significant financial loss — in particular in cases of fraud, attack or illegal content — we may suspend immediately and without prior notice, and inform you immediately afterwards.

9.3 Whenever we suspend or terminate a Service, restrict access to content, or suspend your account, we will give you a statement of reasons which specifies the scope and duration of the measure, the facts and circumstances relied on, whether automated means were used, the legal ground or contractual clause relied on, and the redress available to you. This clause implements Article 17 of Regulation (EU) 2022/2065 (Digital Services Act).

9.4 Either party may terminate the contract with immediate effect for good cause, including where the other party is in material breach and does not remedy it within a reasonable period, or where insolvency proceedings are opened against the other party.

9.5 We may terminate with immediate effect and without prior notice where you use the Services to commit a criminal offence, to store or distribute content that is manifestly illegal, to attack third parties, or where repeated abuse has already led to a suspension.

9.6 On termination for cause attributable to you, charges for the remainder of the current Billing Period remain due and prepaid charges are not refunded. This clause does not restrict the statutory rights of Consumers.

10. Intellectual property

10.1 We retain all rights in the Services, our platform, software, documentation, and in any tools, libraries or components we use to provide them. You receive a non-exclusive, non-transferable right to use them for the duration of the contract, for your own purposes — business purposes or, in the case of Consumers, personal ones.

10.2 You retain all rights in Customer Data. You grant us the limited right to host, copy, transmit and display Customer Data to the extent necessary to supply the Services and to comply with legal obligations.

10.3 Rights in deliverables produced under custom development services are governed by Annex D.

10.4 You must not reverse engineer, decompile, or attempt to derive the source code of our platform, except to the extent such restriction is prohibited by mandatory law.

11. End User content, notices and illegal content

11.1 We do not monitor Customer Data and are under no general obligation to do so. You are solely responsible for the content you and your End Users store, publish or transmit through the Services, including content published by players on a game server you operate.

11.2 Any person may notify us of content they consider illegal by writing to abuse@rtcwaves.net. To allow us to act, a notice should contain a sufficiently substantiated explanation of why the content is illegal, the exact electronic location of the content (such as IP address and port, server identifier or URL), the name and email address of the notifying party, and a statement that the notice is submitted in good faith. We confirm receipt without undue delay and inform the notifying party of our decision and of the redress available.

11.3 On receipt of a sufficiently substantiated notice, we will normally forward it to you and give you a deadline to respond or to remove the content. Where you do not respond within that deadline, where the content is manifestly illegal, or where immediate action is required by law, we may remove or disable access to the content and, if necessary, suspend the Service.

11.4 We may suspend, after prior warning and for a reasonable period, the processing of notices submitted by persons who frequently submit manifestly unfounded notices.

11.5 Where we become aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, we will inform the competent law enforcement or judicial authorities.

11.6 You will indemnify us against any third-party claim, and against any fine or cost imposed on us by an authority, arising from Customer Data or from the conduct of your End Users, except to the extent the claim arises from our own breach of these Terms. This clause does not apply to Consumers beyond what statutory liability provides.

12. Confidentiality

12.1 Each party will keep confidential any non-public information of the other party disclosed in connection with the contract, will use it only for the purposes of the contract, and will disclose it only to personnel and subcontractors who need it and who are bound by equivalent obligations.

12.2 This obligation does not apply to information which is or becomes public without breach, which the receiving party already lawfully held, or which must be disclosed by law or by order of a competent authority.

12.3 The obligation survives the end of the contract for three (3) years, and indefinitely for trade secrets and for personal data.

13. Data protection

13.1 Where we process personal data on your behalf in providing the Services, we act as processor and you act as controller. The Data Processing Agreement in Annex F forms part of the contract and governs that processing in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR).

13.2 Where we process personal data for our own purposes — such as your account, contractual and billing data — we act as controller and process them as described in our Privacy Policy.

13.3 The obligations regarding confidentiality of communications, lawful interception and retention of traffic data that will apply to us where we supply services subject to Act No. 127/2005 Coll. are set out in Annex B, subject to clause B.1.

14. Warranties and liability

14.1 We warrant that we will supply the Services with professional care and in accordance with the Service Level Agreement in Annex E. Except as expressly stated in the contract, we give no warranty that the Services will be uninterrupted, error-free, or fit for any particular purpose, and we do not warrant that they are immune to attacks by third parties.

14.2 We are liable without limitation for damage caused intentionally or by gross negligence, for damage to the natural rights of a person (including injury to life, bodily harm and health), and in any other case where mandatory law does not permit a limitation.

14.3 Subject to clause 14.2, our total aggregate liability arising out of or in connection with the contract, whatever the cause of action, is limited to the total charges you have paid us for the affected Service in the twelve (12) months preceding the event giving rise to the liability.

14.4 Subject to clause 14.2, we are not liable for indirect or consequential damage, loss of profit, loss of business, loss of revenue, loss of goodwill, loss of data, or the cost of reconstructing data that you were obliged to back up under clause 8.2.

14.5 Clauses 14.1, 14.3 and 14.4 do not restrict the statutory rights of Consumers. Where a Consumer is entitled to a remedy under mandatory law, that remedy applies in full.

14.6 Claims for damages must be notified to us within three (3) months of the date on which you became aware, or ought reasonably to have become aware, of the damage. This clause does not apply to Consumers.

15. Force majeure

15.1 Neither party is liable for a failure to perform caused by an extraordinary and unforeseeable obstacle beyond its control, including war, civil unrest, terrorism, natural disaster, epidemic, general strike, failure of public telecommunications or power networks, large-scale cyber attacks, and acts of public authorities.

15.2 The affected party must inform the other without undue delay. Where the obstacle persists for more than sixty (60) days, either party may terminate the affected Service without penalty; prepaid charges for the unused period are refunded.

16. Changes to these Terms and to prices

16.1 We may change these Terms and the annexes where there is a legitimate reason to do so — in particular a change in the law or in its interpretation, a decision of an authority or court, a change in the technical or economic conditions of supply, or a change in the functionality of a Service — and only to the extent that the change is required by that reason.

16.2 We will notify you of any change individually, in text form, at least thirty (30) days before it takes effect, highlighting the clauses affected. If you do not accept the change, you may terminate the affected Service without penalty with effect from the date the change takes effect; we will refund the pro-rata unused portion of any prepaid charge. If you do not object before that date, the change is deemed accepted; we will point this consequence out to you in the notification.

16.3 We may change prices with the same notice period and with the same right of termination. A price increase never takes effect during a Billing Period already paid for, except for taxes that we become legally obliged to charge — for example following registration for VAT — which may be applied from the date the legal obligation arises; the termination right in clause 16.2 applies to them.

16.4 Changes to the Acceptable Use Policy that are required to address a new form of abuse or a security threat may take effect immediately; we will inform you of them without undue delay.

17. Assignment and subcontracting

17.1 You may not assign or transfer the contract without our prior consent in text form, which will not be unreasonably withheld.

17.2 We may transfer the contract in connection with a transfer of the business or of the relevant part of it, provided the transferee assumes all our obligations. Where you are a Consumer, you may terminate the contract without penalty within one month of being notified of such a transfer, with a pro-rata refund of prepaid charges for the unused period.

18. Notices

18.1 Notices are given in text form to the email address registered in your account and, in our case, to support@rtcwaves.net, unless a clause specifies a different address. It is your responsibility to keep your registered email address current and to monitor it.

18.2 Notices sent by email are deemed received on the working day following dispatch, unless the sender receives a delivery failure.

19. Consumers

19.1 Right of withdrawal. As a Consumer you have the right to withdraw from the contract within fourteen (14) days without giving any reason. The period runs from the day the contract was concluded. To exercise it, send us an unequivocal statement to support@rtcwaves.net; you may use the model withdrawal form annexed to Government Regulation No. 363/2013 Coll. We will refund all payments received without undue delay and no later than fourteen (14) days after we are informed of your decision, using the same means of payment you used.

19.2 Services started during the withdrawal period. Where you have expressly requested that we begin supplying the Service before the withdrawal period expires, and the Service has been supplied in full, your right of withdrawal ceases in accordance with Section 1837(a) of the Czech Civil Code. If you withdraw after supply has begun but before it is complete, you pay a proportionate part of the agreed price for what was supplied up to the moment of withdrawal, in accordance with Section 1834 of the Czech Civil Code. We ask for this request as a separate, unticked confirmation at checkout.

19.3 Digital content. Where the Service consists in the supply of digital content not supplied on a tangible medium, and you have expressly consented to supply beginning before the withdrawal period expires and have expressly acknowledged that you thereby lose your right of withdrawal, that right ceases in accordance with Section 1837(l) of the Czech Civil Code. Our hosting and game server hosting Services (and voice services, where lawfully supplied to a Consumer) are services for the purposes of clause 19.2; this clause applies only where we expressly supply digital content, such as downloadable software.

19.4 Out-of-court dispute resolution. If a dispute arises between us that we cannot resolve by agreement, you may submit a proposal for out-of-court resolution to the Czech Trade Inspection Authority (Česká obchodní inspekce), Central Inspectorate — ADR Department, Gorazdova 1969/24, 120 00 Prague 2, Czech Republic; email adr@coi.gov.cz; website https://coi.gov.cz/informace-o-adr/. For disputes concerning electronic communications services, the competent authority may instead be the Czech Telecommunication Office (Český telekomunikační úřad). You may also complain to us directly at support@rtcwaves.net.

19.5 Complaints. You may complain about defective performance of a Service at support@rtcwaves.net. We will confirm receipt in text form and will resolve the complaint, and inform you of the outcome, within thirty (30) days of receipt, unless a longer period is agreed with you. Annex E governs service credits; this clause governs your statutory rights regarding defects.

19.6 Nothing in these Terms restricts the mandatory rights you have as a Consumer under Czech law or under the law of your country of residence.

20. Governing law, jurisdiction and language

20.1 The contract is governed by the law of the Czech Republic, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

20.2 For Business Customers, the Czech courts having jurisdiction over our place of business have exclusive jurisdiction over any dispute arising out of or in connection with the contract.

20.3 For Consumers, the choice of law in clause 20.1 does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and jurisdiction is determined by the applicable rules of Regulation (EU) No 1215/2012.

20.4 The English version of these Terms is the authoritative text. They are also published in Spanish and in Czech for convenience only. In the event of any discrepancy, ambiguity or translation error between the versions, the English version prevails .

20.5 Only the written documents listed in clause 2.2 form part of the contract. Nothing said in a call, a meeting, a chat or an email — by either party — modifies them, and no verbal statement, assurance or representation may be relied on as if it did. Changes are made only in the text form of clause 16 or by a written amendment agreed by both parties.

20.6 For Consumers, clauses 20.4 and 20.5 do not deprive you of the mandatory protections of the law of your country of residence, nor of any right arising from the information we gave you before you contracted.

21. Final provisions

21.1 Express acknowledgement. You expressly acknowledge and accept the following clauses, which we highlight because they may be considered unusual: clause 5.3 (liability for use of your credentials, including fraudulent use), clause 6.5 (suspension for non-payment), clause 8.3 (irreversible deletion of data after termination), clause 9.2 (immediate suspension without prior notice), clause 14.3 (limitation of liability), clause 16 (unilateral changes with a right of termination), clause 17.2 (transfer of the contract) and clause 20.2 (jurisdiction, Business Customers only), together with the specific clauses of the annexes on fraud liability (Annex B) and on resale (Annexes A and B). Acceptance of these clauses is requested separately at checkout.

21.2 If any provision is or becomes invalid or unenforceable, the validity of the remaining provisions is unaffected; the invalid provision is replaced by the statutory rule that most closely reflects its commercial purpose.

21.3 The contract, including these Terms and the annexes, constitutes the entire agreement between the parties on its subject matter and supersedes all prior arrangements on that subject matter. This clause does not exclude liability for fraudulent misrepresentation.

21.4 We archive the concluded contract in electronic form and it is not accessible to third parties. On request we will send you a copy.

Annex A — Acceptable Use Policy

This policy applies to every Service. It exists to keep our network, our other customers and third parties safe, and it may be updated as described in clause 16.4.

A.1 Illegal content and conduct

You must not use the Services to store, transmit, publish or make accessible: material that sexually exploits or endangers minors; content that incites hatred, violence or terrorism; content that denies or trivialises genocide; malware, ransomware, exploit kits or phishing material; content that infringes third-party intellectual property; or any other content or conduct prohibited by the law applicable to you or to us.

A.2 Network abuse and security

You must not: send unsolicited bulk email or messages; operate an open mail relay or open proxy; scan, probe or test the vulnerability of systems you do not own without documented authorisation; spoof IP or MAC addresses or forge headers; conduct or participate in denial-of-service attacks, whether as source or as amplifier; attempt to gain unauthorised access to any system; or interfere with the operation of our infrastructure or with other customers' services.

A.3 Resource use

Shared and virtualised environments are subject to fair use. You must not sustain resource consumption that materially degrades service for other customers. Where a Service is described as "unlimited", that description is subject to use consistent with the normal profile of a customer of the same type; we may limit or shape a Service where use is manifestly disproportionate, after informing you.

A.4 Cryptocurrency mining

Cryptocurrency mining, minting, and comparable proof-of-work activity are prohibited on shared, virtualised and game-hosting products, whether run directly, through containers, or through third-party software. It is permitted on dedicated resources only where expressly agreed in the Order.

A.5 Resale

You may resell or sublicense hosting Services to your own customers unless the Order says otherwise, provided you remain fully responsible for your customers' compliance with this policy and provided our Service Level Agreement and support obligations remain owed to you alone. Resale of voice services is subject to Annex B and requires our prior consent in text form.

A.6 Consequences

Breach of this policy entitles us to act under clause 9, including immediate suspension where the breach is manifest or where delay would cause harm. We will always give you a statement of reasons under clause 9.3.

Annex B — Voice services (SIP trunking, SBC as a Service, numbering)

B.1 Regulatory status and what this Annex covers

As at the version date of these Terms, we are not registered with the Czech Telecommunication Office under Section 13 of Act No. 127/2005 Coll. We therefore supply only services that are not number-based interpersonal communications services: Session Border Controller capacity, and SIP signalling and media processing supplied as a technical service for traffic that you originate and terminate under your own carrier arrangements and your own numbering.

Clauses B.2 to B.5 and B.8 — emergency calls, numbering, portability, calling line identification and the duties of an electronic communications undertaking — describe the terms that will apply to services involving numbers from a national or international numbering plan. They take effect only once we offer such services, which requires prior notification to the Czech Telecommunication Office. Until then we supply no numbering, no carrier interconnection and no access to emergency services.

Where you use our services to provide communications services to third parties, you are responsible for your own regulatory obligations, including any notification obligation of your own to the Czech Telecommunication Office and any obligation to provide your users with access to emergency services. Resale of voice services requires our prior consent in text form, as stated in clause A.5.

B.2 Emergency calls (112) — nomadic use notice

Read this clause carefully. It describes a material limitation of IP telephony compared with a traditional analogue line.

Today the Service does not provide access to emergency services at all (see clause B.1): you must ensure that every location where it is used has a separate and working means of contacting the emergency services. The rest of this clause describes the terms that will apply once we supply services involving numbering.

The Service can be used from any location with sufficient IP connectivity, and the geographic number assigned to you may not correspond to your actual physical location. When you place an emergency call, the location information transmitted to the emergency call centre is the installation address you have registered for the relevant number or endpoint — not a location determined by the network — and you are solely responsible for keeping that address accurate and up to date for every extension and endpoint . If the registered address is incorrect, your call may be routed to the wrong emergency call centre. In the event of a power outage, loss of Internet connectivity, or failure of your equipment (router, SBC, IP phone), the Service — including access to emergency services — will not be available. We strongly recommend that you keep an alternative means of contacting the emergency services, such as a mobile phone, available at all times. Emergency calls are free of charge and do not require account balance. Where you make the Service available to End Users, you must pass this information on to them.

B.3 Numbering

Numbers assigned to you are a resource made available for use for the duration of the Service; you do not acquire ownership of them. Assignment of Czech geographic numbering requires the subscriber identification data prescribed by Section 63(8) of Act No. 127/2005 Coll. — for a legal person, its business name, registered office, IČO and authorised representative; for a sole trader, name, domicile, place of business and IČO; for a natural person, name, domicile and date of birth — together with a declared installation address for each endpoint. You must notify us of any change without undue delay. We may suspend a number or withdraw its assignment where the data provided are incomplete, inaccurate or cannot be verified.

B.4 Number portability

Porting a number to or from us is free of charge and is not conditional on the settlement of outstanding debts. Where you port a number away, any interruption of the Service will not exceed one working day, and we will issue the verification code (OKU) needed for the port on request. Statutory compensation applies for delayed porting or for misuse of the porting process. Numbers assigned to you remain portable for one month after the Service ends; we do not reassign them before that period expires. Where a port fails for technical reasons, we will restore the previous state as far as possible.

B.5 Calling line identification

You represent and warrant that you are legally entitled to use every number you present as calling line identification, and that its use complies with applicable law. Presenting identification you are not entitled to use, or manipulating identification to disguise the origin of a call, is prohibited and is a ground for immediate suspension.

B.6 Fraud, artificially inflated traffic and liability for traffic

B.6.1 You are solely responsible for all traffic carried under your account or credentials, including traffic generated fraudulently by a third party who obtains access to them, and you are liable for the resulting charges, except to the extent the fraud is directly caused by our gross negligence or wilful misconduct.

B.6.2 We do not provide, and do not warrant the effectiveness of, any fraud prevention service. Where we notice unusual volumes or patterns we will use commercially reasonable efforts to alert you, but we assume no obligation to detect fraud on your behalf.

B.6.3 You must not generate, permit or fail to prevent: calls to premium-rate or high-cost destinations for the purpose of generating revenue shared with a third party (international revenue share fraud); traffic that is artificially inflated by automated or repetitive generation; calls to the same destination exceeding four continuous or cumulative hours within twenty-four hours where this is inconsistent with your declared use; or traffic patterns otherwise inconsistent with the business use you have declared.

B.6.4 You must not send us traffic received from an upstream carrier for onward transmission unless wholesale carriage has been expressly agreed in the Order.

B.6.5 Automated dialling, predictive dialling, unsolicited marketing calls and any use that does not consist of uninterrupted live voice dialogue between natural persons are prohibited on flat-rate plans (where supplied), and are permitted on metered plans only where you hold the consents required by Section 96 of Act No. 127/2005 Coll. and by applicable marketing law.

B.6.6 We may set a monthly spend or credit limit, require a deposit or a bank guarantee as a condition of continued supply, and require call detail records, SIP headers and originating IP information in order to verify compliance with this Annex.

B.6.7 Where we reasonably suspect fraudulent or unlawful traffic, we may suspend or limit the Service immediately and without prior notice, limited to what is reasonably necessary and lifted as soon as the cause is resolved. You remain liable for charges incurred before the suspension.

B.7 Fair use of flat-rate plans

Where we supply flat-rate voice plans, they are intended for the ordinary voice communication of a business of your size. Where your traffic matches the patterns described in clause B.6.3, or where the agreed quality thresholds (such as answer-seizure ratio, average call duration, proportion of very short calls, or calls per second) are exceeded, we will contact you and may move the affected traffic to metered rates. Where fraud is not suspected, we do not suspend the Service for exceeding fair use before contacting you.

B.8 Confidentiality of communications, lawful interception and data retention

We respect the confidentiality of communications and neither monitor nor record the content of your communications except where you have configured a feature that does so, or where we are legally required to. Once we supply services subject to notification under Section 13 of Act No. 127/2005 Coll. (see clause B.1), we will be bound by the confidentiality of communications under Section 89 of that Act and, as an electronic communications undertaking, will be subject to statutory duties to cooperate with the competent authorities under Section 97, including making interception interfaces available on lawful request and retaining and disclosing traffic and location data for the period prescribed by law. We will be legally bound to keep any specific measure confidential and therefore cannot inform you of it. Transport encryption (TLS/SRTP) protects traffic against third parties in transit; it does not exempt us from these duties.

B.9 Intra-EU communications

Voice services are offered to Business Customers only. Where, despite this, a person entitled to consumer protections lawfully uses a voice Service, we apply the price caps for regulated intra- EU communications under EU law.

Annex C — Game server hosting

C.1 Games, licences and third-party software

You are responsible for complying with the licence terms of the game publisher and of any software you run on the server, and for holding any licence required to operate a public server. We are not a party to those licences and give no warranty in respect of them.

C.2 Modifications, plugins and custom builds

Mods, plugins, custom server builds and third-party control-panel software are outside the scope of our support and outside the Service Level Agreement. Incidents caused by them — including crashes, corrupted worlds and data loss — are not attributable to us.

C.3 Resources and slots

Products are sold with the resources and player slots stated on the product page. Circumventing the allocated resources or slot limit by technical means is a breach of the Acceptable Use Policy and a ground for termination for cause under clause 9, without refund.

C.4 Attack mitigation

Volumetric attack mitigation is provided on a best-effort basis and is excluded from the Service Level Agreement, unless a specific protection tier has been purchased and is stated in the Order.

C.5 Players and community

You are the operator of your server and are responsible for your players' conduct and for any content they create or upload, including chat, uploads and world data. You must provide your players with a means of reporting illegal content to you, and must act on such reports. Clause 11 applies to notices we receive directly.

C.6 Minors

Where a server you operate is directed at or accessible to minors, you must comply with the applicable rules on the protection of minors, and you must present the terms applicable to them in language they can understand.

Annex D — Custom development services

D.1 Statement of Work

Development services are supplied under a Statement of Work which describes the scope, deliverables, milestones, assumptions, dependencies, rates and, where agreed, a fixed price. Where the Statement of Work conflicts with these Terms, the Statement of Work prevails.

D.2 Changes

Either party may propose a change to the scope. A change becomes binding only when both parties have confirmed it in text form, together with its effect on price and schedule. We may suspend affected work while a change is under discussion.

D.3 Acceptance

You will review each deliverable and either accept it or give a reasoned objection in text form within ten (10) working days of delivery. If you do not respond within that period, or if you put the deliverable into productive use before the period expires, the deliverable is deemed accepted. Where you object, we will remedy the defects identified and re-deliver; the same review period then applies to the re-delivered work.

D.4 Intellectual property in deliverables

D.4.1 On payment in full of the amounts due for the relevant deliverable, we assign to you all transferable rights in the bespoke deliverables created specifically for you under the Statement of Work, and grant you an exclusive, unlimited licence to exercise the economic rights in any work protected by copyright to the extent such rights cannot be assigned under Czech law. Until payment in full, you receive a licence limited to evaluation and testing.

D.4.2 We retain ownership of our pre-existing materials — frameworks, libraries, tools, know-how and generic components created before or independently of the Statement of Work. Where a deliverable incorporates them, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use, run, modify and have modified those materials as part of the deliverable.

D.4.3 Open source components are licensed to you under their own licences. We identify the significant components on request.

D.4.4 We may use the general knowledge, skills and experience gained during the project for other customers, provided we disclose no confidential information of yours.

D.5 Warranty

We warrant that the deliverables will materially conform to the Statement of Work for twelve (12) months from acceptance. Your exclusive remedy for a breach of this warranty is that we correct the defect or re-perform the affected Service; where neither is possible within a reasonable period, you may terminate the affected part of the Statement of Work and receive a refund of the amounts paid for it. The warranty does not cover defects caused by changes made without our involvement, by your infrastructure, or by third-party components outside our control. This clause does not restrict the statutory rights of Consumers.

D.6 Cooperation and delay

Where the work depends on your input — access, decisions, test data, third-party availability — and that input is delayed, agreed dates are extended accordingly and we may charge the reasonable costs of unavoidable idle time, having first notified you.

D.7 Non-solicitation

For twelve (12) months after the end of an engagement, neither party will actively solicit for employment the personnel of the other who were substantially involved in it. This does not restrict general recruitment advertising or responses to it.

D.8 References

We may name you as a customer and describe the project in general terms unless you object in text form. We will not disclose confidential details in doing so.

Annex E — Service Level Agreement

E.1 Availability commitment

We commit to a monthly availability of 99.9% for hosting and voice Services measured at the boundary of our network, calculated per calendar month as: (total minutes in the month minus excluded minutes minus unavailable minutes) ÷ (total minutes in the month minus excluded minutes).

E.2 Definition of unavailability

A Service is unavailable when it is completely inaccessible from our network boundary due to a cause within our control, for a continuous period of at least five (5) minutes, starting from the moment the incident is detected by our monitoring or reported by you to support, whichever is earlier.

E.3 Exclusions

Excluded from the calculation are: planned maintenance notified under clause 4.4; emergency maintenance necessary to preserve security or integrity; suspension under clause 9; causes attributable to you, to your configuration, to your software or to your equipment; third-party attacks except where a purchased mitigation tier applies; failure of upstream networks or of the public Internet outside our control; and force majeure under clause 15.

E.4 Service credits

Where the monthly availability commitment is not met, you are entitled, on request, to a credit against the monthly charge for the affected Service: 10% for availability below 99.9%, 25% below 99.5%, 50% below 99.0% and 100% below 95.0%. Credits are the sole and exclusive remedy for failure to meet the availability commitment, are applied against future charges, are not paid out in cash, and are capped at 100% of the monthly charge for the affected Service.

E.5 Claims

Credit claims must be submitted through support within thirty (30) days of the end of the month in question, stating the affected Service and the times of the incident. This Annex does not restrict a Consumer's statutory rights.

E.6 Support

Support is provided in English and Spanish by email and through the customer portal. Response times, where agreed, are stated in the Order; unless otherwise agreed, we aim to respond to service-affecting incidents within one (1) working day.

Annex F — Data Processing Agreement

This Annex applies where we process personal data on your behalf and forms the agreement required by Article 28(3) GDPR.

F.1 Subject matter and roles

You are the controller and we are the processor. The subject matter is the supply of the Services ordered; the duration is the duration of the contract plus the deletion period in clause 8.3.

F.2 Nature, purpose, data and data subjects

Processing consists of hosting, storage, transmission, routing, backup, deletion and technical support, for the sole purpose of supplying the Services. The categories of personal data and of data subjects are those you choose to process using the Services — typically, for hosting: account, profile, connection and content data of your users and players; for voice (where supplied): telephone numbers, call detail records, signalling data and, where you have configured recording, call content.

F.3 Instructions

We process personal data only on your documented instructions, including as regards transfers to third countries, unless required to do otherwise by Union or Czech law; in that case we inform you of that requirement before processing, unless the law prohibits it. Your Order, the configuration you apply and this contract constitute your initial instructions. We will inform you immediately if, in our opinion, an instruction infringes data protection law.

F.4 Confidentiality

Persons authorised to process personal data are bound by an obligation of confidentiality and are trained accordingly.

F.5 Security

We implement appropriate technical and organisational measures, including: encryption of data in transit; access control based on least privilege with individual accounts and multi-factor authentication for administrative access; segregation of customer environments; logging of administrative access; regular patching of the platform; backup of platform configuration; and documented incident response. The measures in force are described in our security documentation, which we make available on request.

F.6 Sub-processors

You grant general authorisation for us to engage sub-processors. We maintain a list of sub-processors, which we make available on request, and we will inform you of any intended addition or replacement at least thirty (30) days in advance; you may object on reasonable data protection grounds, in which case we will propose an alternative or you may terminate the affected Service without penalty. We impose on each sub-processor obligations equivalent to those in this Annex and remain fully liable to you for their performance.

F.7 Assistance

Taking into account the nature of the processing, we assist you by appropriate technical and organisational measures in responding to data subject requests, and we assist you in complying with Articles 32 to 36 GDPR, taking into account the information available to us.

F.8 Personal data breaches

We notify you of any personal data breach affecting Customer Data without undue delay and in any event within forty-eight (48) hours of becoming aware of it, with the information available to us, and keep you updated as the investigation progresses.

F.9 Deletion and return

On termination we delete Customer Data in accordance with clause 8.3, or return it at your choice where you request this before that period expires, unless Union or Czech law requires continued storage.

F.10 Audits

We make available the information necessary to demonstrate compliance with this Annex and allow for and contribute to audits, including inspections, conducted by you or an independent auditor mandated by you, on reasonable notice, no more than once per year unless a breach has occurred, subject to confidentiality and to reimbursement of our reasonable costs.

F.11 Transfers

Personal data are processed within the European Economic Area unless otherwise stated. Where a transfer to a third country is necessary, it takes place on the basis of an adequacy decision or, failing that, of the standard contractual clauses adopted by Commission Implementing Decision (EU) 2021/914, which are incorporated into this Annex by reference and apply automatically if an adequacy decision on which a transfer relies ceases to apply.