This is an English translation provided for information only. The Czech version of these terms is legally binding; in case of any discrepancy, the Czech version prevails.

1. BASIC PROVISIONS

These general terms and conditions govern the rights and obligations related to the use of the internet service Devulti operated by:

321 CREATIVE CREW s.r.o.
Gargulákova 513/2
614 00 Brno-Husovice, Czech Republic
Company ID (IČO): 03535657
VAT ID (DIČ): CZ03535657
a company registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 85073
data box: pujrxst

hereinafter the "Operator".

Devulti is a SaaS software service intended mainly for developers, real estate companies and other businesses for managing development and real estate projects, buildings, floors, units, photographs, documents, descriptions, sales data and other related data.

The service may in particular enable:

• creating and managing projects,
• creating buildings, floors and individual units,
• storing photographs, texts, documents and other files,
• managing user accounts and permissions,
• inviting other users or salespeople,
• creating XML or other data outputs,
• passing data to websites, advertising portals or other systems,
• running the customer environment on a separate subdomain, for example customer.devulti.com,
• other features described on the service's website.

The Devulti service is intended exclusively for entrepreneurs and legal entities in connection with their business or professional activities. It is not intended for consumers.

By registering, ordering a paid service or starting to use it, the customer confirms that they have read these terms and conditions and agree with them.

2. USER ACCOUNT

Using the service generally requires creating a user account.

The customer is obliged to provide true, complete and up-to-date information when registering.

Access credentials are intended only for the customer's authorised persons. The customer is responsible for securing their access credentials and for all activities performed through their account, unless caused by the Operator.

The customer is obliged to inform the Operator without undue delay of any suspected misuse of the account or access credentials.

To the extent permitted by the chosen plan, the customer may create accounts for other users, for example employees, collaborators, real estate agents or sales representatives.

The customer is responsible for the conduct of persons to whom they have granted access to their account or customer environment.

3. PRICE AND PAYMENT TERMS

The price of the service is governed by the current price list published on the Devulti website, or by an individual offer or other agreement between the customer and the Operator.

After registering and confirming the e-mail address, the customer may try the service free of charge for the trial period stated at registration. If the customer does not pay for the service by the end of the trial period, the Operator will suspend access to the service; suspension does not delete the customer's data.

A registration that the customer does not confirm via the link sent to the e-mail address provided will be deleted by the Operator within 7 days of its submission.

The scope of available features may depend on the chosen plan.

The customer is obliged to pay the price of the service properly and on time.

If the service is agreed as a recurring subscription, it is provided for the respective prepaid period.

Information about the length of the billing period, the way the service is renewed and any automatic recurring payment must be made available to the customer when ordering or in their customer account.

The Operator may change the prices of individual plans. A price change does not affect a period already paid for. For a continuing subscription, the new price will apply at the earliest from the following billing period.

If the customer is in default of payment, the Operator is entitled in particular to restrict or suspend access to the service.

4. AVAILABILITY AND OPERATION OF THE SERVICE

The Operator provides the service in the form and scope available at the given moment.

The Operator does not guarantee uninterrupted, error-free or one-hundred-percent availability of the service, unless a separate SLA agreement has been expressly concluded with the customer.

Temporary unavailability may occur in particular due to:

• planned or unplanned maintenance,
• updates,
• technical faults,
• outages of server or network infrastructure,
• faults or changes of third-party services,
• a cyber attack,
• force majeure,
• a necessary security measure.

The Operator is entitled to continuously modify, update or change the features of the service, provided that this does not fundamentally prevent the purpose of a service already paid for.

The Operator is not obliged to keep a particular feature, graphical interface, API, export structure or technical solution unchanged forever.

5. CUSTOMER DATA

All data that the customer enters into the service remain the customer's data.

The customer grants the Operator the right to store, copy, technically modify, process, transfer and display these data to the extent necessary to provide the service.

This right also covers technical operations necessary for creating previews, optimising images, generating XML feeds, data exports, backups, caches or other technical copies.

The customer bears sole responsibility for:

• the correctness of their data,
• their being up to date,
• their completeness,
• their lawfulness,
• the right to use these data,
• the existence of the necessary consents or licences,
• any personal data entered into the system,
• content passed on through XML feeds or other exports.

The Operator is not obliged to continuously check the customer's content or data, verify their correctness or assess their legal or factual correctness.

6. BACKUPS AND LOSS OF DATA

The Operator may perform operational or security backups of the service. Such backups are, however, not a service for archiving the customer's data, unless expressly stated otherwise.

With regard to the importance of their data, the customer is obliged to keep their own copies or exports of the data whose loss could cause them significant damage.

The Operator does not guarantee that it will be possible to restore an individual file, a historical version of a record or data deleted by the customer.

The Operator is not liable for loss, damage, overwriting or unintentional deletion of data caused in particular by:

• the customer,
• a person with access to the customer's account,
• incorrect use of the service,
• incorrect import or export,
• an external application,
• an outage of a third-party system,
• malware or a cyber attack that could not be prevented by reasonable means.

This does not affect cases of liability that cannot be contractually excluded or limited under the law.

7. USER CONTENT

The Operator does not provide or create the content entered by the customer and is not responsible for its factual, legal or substantive correctness.

The customer is responsible for all content entered through the customer's account.

Through Devulti, the customer must not store, publish or distribute in particular content:

• contrary to the law,
• infringing the rights of third parties,
• infringing copyrights, trademarks or other intellectual property rights,
• containing personal data processed without an appropriate legal basis,
• fraudulent or misleading,
• containing malware or other harmful code,
• intended for unauthorised access to information systems,
• containing materials whose possession or distribution is unlawful,
• which could damage the service or its other users.

The customer declares that they hold all necessary rights to the photographs, visualisations, texts, documents, trademarks, floor plans, videos and other materials they enter into Devulti.

The Operator is not obliged to check customers' content in advance.

If the Operator finds out or is reasonably notified that certain content may be unlawful or in conflict with these terms, it is entitled to restrict its availability or remove it.

The Operator is also entitled to temporarily block the entire account if this is necessary to protect the service, third parties or to comply with legal obligations.

Unlawful or otherwise objectionable content can be reported to the Operator electronically at:
[email protected]

The report should contain in particular a sufficient identification of the content concerned, the reason why the content is unlawful or in conflict with these terms, and information allowing it to be found.

8. PHOTOGRAPHS, DOCUMENTS AND THIRD-PARTY RIGHTS

The Operator does not verify whether the customer holds copyrights or other rights to the materials entered into the service.

The customer is responsible for any third-party claims related to the content they have entered.

If a third party asserts a claim against the Operator caused by a breach of the customer's obligations, the customer will provide the Operator with the necessary cooperation and, to the extent permitted by law, reimburse it for the costs reasonably incurred as a result of such a breach.

9. XML FEEDS, API AND EXTERNAL SYSTEMS

Devulti may enable creating XML feeds, API outputs or other automated transfer of data to third parties.

The Operator is responsible only for creating the output according to the technical specification available in Devulti.

The Operator is not responsible for the way the data are processed by the target website, advertising portal, real estate server, CRM or other external system.

The Operator does not guarantee that a third party will accept the XML feed or other output permanently or without change.

If an external provider changes the technical requirements, API, data structure or import rules, an adjustment of Devulti or an individual integration may be necessary.

The Operator is not responsible for:

• outages of external portals,
• errors in their imports,
• synchronisation delays,
• removal or rejection of a listing,
• changes of a third party's API,
• changes of a third party's XML specification,
• incorrect interpretation of data by an external system.

10. SUBDOMAINS

During the trial period and an active subscription, the customer may be provided with a subdomain in the form, for example:
customername.devulti.com

The customer does not acquire ownership or any other exclusive right to the domain devulti.com or to the assigned subdomain.

The Operator may refuse or change the requested subdomain name in particular if it:

• infringes the rights of third parties,
• is misleading,
• is technically unsuitable,
• contains an inappropriate designation,
• could be confused with another customer.

After the service ends, the subdomain may be deactivated and later released.

11. PROHIBITION OF MISUSE OF THE SERVICE

It is prohibited to use Devulti in a way that:

• disrupts its operation,
• places a disproportionate load on the infrastructure,
• circumvents technical or security restrictions,
• enables unauthorised access to other accounts,
• serves to send spam,
• serves to distribute malicious software,
• violates the law,
• harms the Operator or other users.

Automated access, scraping or other machine use of the service is permitted only through the features, API or exports intended for that purpose.

12. SUSPENSION AND TERMINATION OF THE SERVICE

The Operator may temporarily restrict or suspend access to the service in particular if:

• the customer has not paid the price,
• the customer violates these terms,
• the account poses a security risk,
• unlawful activity takes place through the account,
• the suspension is required by a public authority,
• it is necessary to protect the infrastructure or other customers.

In the case of a serious or repeated breach of the terms, the Operator may terminate the contractual relationship.

Before the service ends, the customer is obliged to export the data they wish to keep.

Unless agreed otherwise between the parties, the Operator may keep the customer's data after the service ends for a limited technical period necessary to close the account and then delete them.

The standard period for the technical deletion of customer data is 30 days from the end of the service, unless their further retention is required by law, security reasons or another agreement.

After this period, the Operator is not obliged to be able to restore the customer data.

13. LIABILITY

The service is a tool for managing and distributing the customer's data. The Operator does not assume responsibility for business, commercial, legal or other decisions of the customer made on the basis of data in Devulti.

The Operator is not responsible for the content entered by the customer or for its use by third parties.

The Operator is not responsible for the truthfulness of information about:

• projects,
• real estate,
• prices,
• layouts,
• floor areas,
• availability of units,
• construction dates,
• reservations,
• properties of real estate,
• salespeople or contact persons.

The Operator is not liable for damage resulting from the use of incorrect, incomplete or outdated data entered by the customer.

The Operator is not liable for indirect or consequential damage, lost profit, lost business opportunity, loss of an order, damage to reputation or other similar consequences, to the extent such limitation is permitted by law.

The Operator is not liable for damage caused by circumstances beyond its reasonable control, in particular outages of telecommunication networks, data centres, cloud services, third-party services, an attack by a third party or force majeure.

If the Operator becomes obliged to compensate the customer for damage and the law allows its contractual limitation, the Operator's total liability for damage arising in connection with the service is limited to an amount corresponding to the price actually paid by the customer for Devulti in the last 12 months before the event that caused the damage.

The limitations under this article do not apply in cases where liability cannot be validly excluded or limited under the law, in particular in the case of damage caused intentionally or by gross negligence.

14. SECURITY

The Operator takes reasonable technical and organisational measures to secure the operation of the service and the data stored in it.

No internet system, however, can be considered absolutely secure.

The customer is obliged to protect their own devices, access credentials and user accounts and to use reasonable security measures.

15. PERSONAL DATA OF CUSTOMERS AND USERS OF THE SERVICE

The Operator processes personal data of persons who order or use Devulti in accordance with the Privacy Notice published on the Devulti website.

16. PROCESSING OF PERSONAL DATA ENTERED BY THE CUSTOMER

If the customer processes personal data of third parties through Devulti and determines the purpose and means of such processing, the customer is the controller of the personal data and the Operator acts as a processor within the meaning of Article 28 GDPR.

The customer hereby instructs the Operator to process personal data to the extent necessary to provide the Devulti service.

The subject of processing is storage, making available, transfer, backup, deletion and other technical operations necessary to operate the service.

The duration of processing corresponds to the period of provision of the service and any subsequent technical data retention period.

The processed data may include in particular:

• first names and surnames,
• work contact details,
• telephone numbers,
• e-mail addresses,
• job positions,
• data about salespeople,
• data of customers or prospects entered by the customer,
• technical and operational data,
• other personal data that the customer enters into the service.

The categories of data subjects may include in particular the customer's employees, collaborators, salespeople, real estate agents, customers, prospective buyers of real estate and other persons recorded by the customer.

The Operator:

• processes personal data only on the basis of the customer's documented instructions,
• ensures the confidentiality of persons authorised to process the data,
• takes appropriate technical and organisational security measures,
• provides the customer with reasonable cooperation in fulfilling obligations under the GDPR,
• provides reasonable cooperation in handling data subjects' requests,
• notifies the customer without undue delay of a security incident concerning their personal data, where required by law,
• after the service ends, deletes the personal data or returns them to the customer depending on the nature of the service, unless their further retention is required by law.

The customer grants the Operator general authorisation to engage further processors, in particular providers of server, hosting, cloud, database, e-mail, backup or security infrastructure.

The Operator ensures that further processors are bound by appropriate data protection obligations.

The Operator will inform the customer in an appropriate way about any intended addition or replacement of a further processor, so that the customer can raise a reasoned objection.

The customer is responsible for:

• having an appropriate legal basis for the processing of personal data,
• fulfilling the information obligation towards data subjects,
• not entering into the system personal data that are not needed for the purpose of the service,
• fulfilling their obligations as a controller under the GDPR.

Without prior agreement, the customer must not use Devulti to process special categories of personal data under Article 9 GDPR or data relating to criminal convictions and offences under Article 10 GDPR.

17. EXTERNAL SERVICES

In providing the service, the Operator is entitled to use third-party services, in particular providers of hosting, server infrastructure, payment services, analytics services, e-mail services and other technical suppliers.

Hosting and server infrastructure of the service are provided in particular by:

Pavel Dostál – XONE.cz
Hradební 81/6
796 01 Prostějov, Czech Republic
Company ID (IČO): 76498042
VAT ID (DIČ): CZ8212133798

Delivery of the website and application, their encryption and protection against attacks are provided by:

Cloudflare, Inc.
101 Townsend Street
San Francisco, CA 94107
USA

Payment services may be provided through the Stripe service.

The Operator is not responsible for temporary or permanent unavailability of the service caused by an outage or restriction of an external supplier's service, if it could not influence or prevent such an event despite exercising reasonable care.

Nor is the Operator responsible for changes of terms, APIs, technical interfaces or availability of third-party services that were not caused by the Operator.

18. INTELLECTUAL PROPERTY

All rights to the Devulti software, its source code, database structure, graphical interface, trademarks and other parts of the service belong to the Operator or its licensing partners.

By paying for the service, the customer does not acquire ownership rights to Devulti.

For the duration of the service, the customer acquires a non-exclusive and non-transferable right to use Devulti within the scope of the respective plan.

Without the Operator's prior consent, it is not permitted to copy, reproduce, reverse engineer the service, circumvent its protections or provide it to third parties other than the customer's authorised users.

19. REFERENCES

The Operator is entitled to list the customer's business name and logo among its business references only if the agreement with the customer allows it or if the customer has given consent.

20. CHANGE OF TERMS

The Operator is entitled to reasonably change these terms in particular in response to:

• a change of the service,
• a change of the business model,
• a change of the law,
• a change of technological or security requirements.

In long-term contractual relationships, the customer will be informed of a material change in advance in an appropriate way.

If the customer does not agree with a material change, they may stop using the service before the change takes effect, unless an individual contract provides otherwise.

21. GOVERNING LAW AND FINAL PROVISIONS

The contractual relationship between the Operator and the customer is governed by the law of the Czech Republic.

The parties will primarily resolve any disputes by agreement.

If agreement is not possible, disputes will be resolved by the courts of the Czech Republic having subject-matter and territorial jurisdiction. Where legally permissible, the parties agree on the territorial jurisdiction of the court according to the Operator's registered office.

If any provision of these terms is invalid or ineffective, this does not affect the validity of the other provisions.

In case of conflict with these terms, an individual contract or order prevails.

These terms and conditions are effective from: 9 September 2026