Preamble

Dáváme s.r.o., ID:07058497, with registered office at Bartůňkova 2349/3a, Chodov, 149 00 Praha 4, (hereinafter referred to as Dáváme) is an official partner of and reseller of the Pipedrive CRM system, based on the contractual relationship between Dáváme and Pipedrive. These terms and conditions govern the relationship between Dáváme and its customers (hereinafter referred to as Customer) in connection with the provision of services of the Pipedrive CRM system and supplement or specify certain facts and relationships beyond the main Pipedrive GTCs set out herein: https://www.pipedrive.com/en/terms-of-service#definitions. The Customer pays the price for licenses and other services directly to the Dáváme reseller who manages its subscription and provides basic support; Pipedrive is the operator and provider of the system. The Customer's signing of the order results in its automatic acceptance by the Supplier. By doing so, the Customer also agrees to Pipedrive's Terms and Conditions, which are the basic terms and conditions for the use and provision of the PIpedrive CRM services, of which Pipedrive is the provider.

1. Selection of Services

1.1 The Customer shall be entitled to choose from a range of Pipedrive service tariffs and further:

1. (a) the preferred currency for payments
2. b) a specified number of user licences (hereinafter referred to as seats)
3. c) the type of tariff plan in force (either monthly or annual).

It should be noted that the combination of different tariff plans within one contract is not possible. Dáváme s.r.o. also allows those interested in Pipedrive system services to use the trial version, which is provided for a period of 30 days. This trial version allows potential customers to test the full functionality of the system before signing up for a paid plan.

1.2 In the event that the Customer expresses a desire to change the rate plan or adjust the number of seats after the trial period or during the validity of the active paid plan, the Customer is required to coordinate this request directly with their contact person within Dáváme Ltd. The Seller's contact person will arrange the necessary steps to implement the requested changes, including any modifications to the contract and service settings, in accordance with the Customer's requirements.

In this way, Dáváme and the Customer enter into an agreement on the terms and conditions for the selection of services and tariff plans as specified in this article and commit to abide by them.

2. Seat Management

2.1 Dáváme s.r.o. offers Customers two basic options for managing user licenses (seats) within the Pipedrive system: open management mode and closed management mode. By default, an open management mode is set up with the Customer, which allows for the flexible addition or removal of user licenses according to the Customer's current needs.

2.2 Open Administration Mode: In open administration mode, Customers have the flexibility to add or remove seata according to their current business needs and system usage. This option allows Customers to respond dynamically to changes in their organization and business processes.

2.2.1 In the event that a Customer requests the removal of more than one seat from the registered users of the system provided by Dáváme s.r.o. prior to the renewal of the tariff plan, this request will be accepted and implemented by Dáváme s.r.o. However, if such request is made less than twenty-four hours (24 hours) prior to the automatic renewal of the rate plan, Dáváme s.r.o. reserves the right not to accept the request to remove said customer for the upcoming rate plan period, as a result of which the removal of the customer cannot be included in the applicable billing period.

2.3 Closed Mode Administration: Closed mode administration requires the Customer to set a fixed number of seats for the entire term of the contract. This option is suitable for Customers who prefer stable scheduling and have a clear idea of the number of system users for the duration of the contract.

2.4 Any change to the seat management scheme after the contract is signed requires notification to the Customer via the portal https://support.davame.cz. Any such change may be subject to a revision of the contract terms and conditions and any price adjustments.

2.5 The Seller undertakes to provide support and advice to the Customer in the selection and management of the seat scheme to ensure optimal conditions for the use of the Pipedrive system according to the Customer's needs.

2.6 Credit for Seats taken during the month will be automatically applied to the following billing period.

2.7 The Customer hereby agrees to comply with the provisions of this clause relating to seat management and agrees to the terms and conditions set out by the Seller for the management of user licences.

3. Addition of Services

3.1 Customers of Dáváme s.r.o. shall have the right to purchase additional add-ons and extensions to the features offered within the Pipedrive CRM system. These add-ons and extensions are designed to provide Customers with options to further optimize and maximize the efficiency of their business processes.

3.2 A list of available add-ons and extensions, including detailed descriptions of their features and pricing information, is available to Customers through their Dáváme Ltd. contact person or on the Company's official website.

3.3 Any requests to purchase or activate add-ons and extensions must be duly communicated through the portal https://support.davame.cz and coordinated through the contact person of Dáváme s.r.o., who will ensure the processing of the request and activation of the services in accordance with the current contractual terms between the Customer and Dáváme s.r.o.

3.4 Dáváme s.r.o. undertakes to provide the Customer with all necessary support and advice in the selection and implementation of add-ons and extensions to ensure their effective use within the Pipedrive CRM system

4. Support and onboarding

4.1 Dáváme s.r.o. undertakes to provide technical support and perform basic onboarding for all its Customers, regardless of the level of tariff or type of plan selected by the Customer. In addition, different levels of onboarding are provided in accordance with the type of license the Customer chooses, reflecting the extent of their investment in the Pipedrive system.

1. One-time personal onboarding is available for Customers whose monthly payment for a Pipedrive license does not exceed 10,000 CZK or 400 €. This type of onboarding service provides a basic orientation to the system and its functionality.
2. Extended onboarding is available for Customers whose monthly payment for a Pipedrive license does not exceed 25.000 CZK or 1.000 €. In addition to a basic orientation, the extended onboarding also provides a more detailed introduction to the system, including advanced features and configuration options.
3. Personal onboarding with long-term strategic planning is provided to Customers who pay more than 25,000 CZK or 1,000 € per month for Pipedrive licenses. This most extensive onboarding includes not only a detailed orientation to the system and its capabilities, but also the collaborative creation of a long-term strategic plan to maximize the use of Pipedrive for the benefit of the Customer's business goals.

4.2 The purpose of providing technical support and the onboarding process is to ensure that the Customer is able to use the Pipedrive CRM system with maximum efficiency. The Seller undertakes to provide the necessary guidance, information and support to achieve this objective.

4.3 Technical support includes, but is not limited to, resolving technical queries, problems and providing guidance for the optimal use of the Pipedrive system. Basic onboarding includes providing the information and guidance necessary to initially set up and configure the Pipedrive system for the Customer.

4.4 The Seller undertakes that all support and onboarding services will be provided with professional care and to the best of its ability, to ensure that the Customer's needs are fully satisfied.

4.5 The Customer hereby agrees to co-operate with the Vendor and provide all necessary information and access that the Vendor deems necessary to provide support and carry out the onboarding process.

4.6 The Customer acknowledges and agrees to the terms and conditions for the provision of support and onboarding set out in this clause and undertakes to comply with them unconditionally.

4.7 All requests for Pipedrive support made by the Customer must be made in writing via the dedicated support website, support.davame.cz - administered by Dáváme s.r.o.

4.8 Dáváme does not have access to the Customer's data. In case the Customer wishes to give Dáváme access, he can integrate it into his system as a user through a special partner setup, which is provided free of charge. With the addition of this partner seat, the Customer acknowledges that it is allowing Giving Company access to its data until it decides to remove this partner seat.

5. Billing and payment

5.1 Dáváme Ltd. agrees to invoice the Customer twenty-one (21) days prior to the start of each new billing period. Each invoice so issued shall be payable fourteen (14) days from the date of issue.

5.2 In the event that the Customer fails to pay any invoice due within fourteen (14) days of its issue, the Seller shall have the right to automatically and without further notice suspend the Customer's access to the Services until the amount due is paid in full.

5.3 The Seller reserves the right to initiate collection of amounts due if an invoice remains unpaid more than sixty (60) days after its due date. In such event, the Customer shall pay all costs associated with the collection of the debt, including, but not limited to, court and legal costs.

5.4 Delays in payment of payments due and the subsequent suspension of services by Dáváme Ltd. may result in the postponement of the subscription plan renewal date. It is hereby stipulated that any delay in payment of amounts due may result in a change in the date on which the subscription plan is scheduled for renewal, in accordance with Dáváme Ltd's terms and conditions.

5.5 In the event that the Customer's subscription type is changed (whether by a change to the Tariff Plan or as a result of going into overdue status and subsequent subscription renewal), the Customer's subscription will be automatically updated to the current Pipedrive pricing. If the Customer is already at a price level corresponding to the current Pipedrive price list, there will be no change. Otherwise, the subscription price will be adjusted according to the current pricing terms set out in the Pipedrive price list.

5.6 The Customer hereby acknowledges and agrees to the billing and payment terms set out in this clause and undertakes to comply with them unconditionally.

6. Data protection and data use purposes

6.1 We collect and process your personal data as a Customer and other related data and information (we will also use the collective term Data hereafter) for the purposes of:

1. Customer's and individual Users' use of the CRM;
2. Providing CRM support services to the Customer and its Users;
3. The performance of our obligations to you under the Contract or in connection with the performance of obligations imposed on us by law;
4. Any future need to renew Your Instance from a backup even after the termination of the contractual relationship;
5. The sending of commercial communications (newsletters) in connection with the offer of other CRM-related services, if you have consented to this or if another legal title can be applied, to the extent and under the conditions set out in the Personal Data Processing Policy (the Policy) published and made available on our website, and only on the basis of legal titles, in particular pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the GDPR) and Act No. 110/2019 Coll. on the processing of personal data. We use this data in accordance with the Policy in particular to improve the CRM or to provide CRM customization services according to your requirements and according to the relevant legal title, and we will not disclose it in a way that could lead to your identification by third parties. You, as a Customer and Your Users, can familiarize yourself in detail with the scope of data processing set out in this section of the Terms and Conditions within the framework of the above published Policy.

6.2 Pursuant to the Policy, commercial communications (newsletters) may be sent to you from us under any of the applicable legal titles, to the email addresses you provided when creating or changing User Accounts. If this sending of commercial communications is based on consent, you can withdraw this consent at any time, through a link contained in each commercial communication. If you withdraw your consent in this way, no further commercial communications will be sent to you.

6.3 As a Customer, you also hereby confirm that the personal data you have provided is accurate and that you have been advised that you are providing it voluntarily. In the event that the Data needs to be corrected, both You and Your User may exercise the right to have the Data corrected, where this right is further specified in the Policy.

6.4 We also declare that any Data collected about You in connection with the Contract will not be used for any purpose other than that for which it was collected.

MEASURES TO ENSURE THE SECURITY OF DATA PROCESSING

6.5 We have taken appropriate and proportionate technical and organisational measures under the GDPR to ensure the security of the Data processing we carry out as a processor for individual data controllers, in particular you. Our primary obligation is to process the Data in accordance with your instructions or the instructions of Users. On the other hand, we are not liable for any use of the CRM in violation of the Policy, the Terms or the Agreement, or for unauthorized processing of the Data by you or by a User.

6.6 All data and information obtained by us from you in connection with the provision of the CRM is considered confidential and we undertake to protect it from misuse and not to pass it on to third parties for commercial or other purposes. This is without prejudice to our legal obligation to release the requested information to governmental authorities in accordance with applicable law.

6.7 We are entitled to use the information we have obtained about you in connection with the provision of CRM in accordance with the Policy, but we are obliged to respect your rights and legitimate interests and may only do so in a way that will not result in any detriment to you and which will not at the same time breach our obligation to protect the confidentiality of information relating to you.

GDPR RIGHTS

6.8 In the event that you, your User or your Client believe that we are processing your personal data in a way that is contrary to the protection of your private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, you may, based on your rights guaranteed by the GDPR and in accordance with the Principles:

1. Request us to access, restrict processing or provide an explanation;
2. Require us to correct inaccurate data, delete it or otherwise remedy the situation in accordance with the Principles.

6.9 If you or your User requests access to the processing of your personal data, we must provide you with the relevant information without undue delay, but no later than one month after your request.

WITHDRAWAL OF CONSENT TO THE PROCESSING OF PERSONAL DATA

6.10 If the processing is based on consent, you and your User are also entitled to withdraw your consent to the processing of personal data, for example by submitting it to our contact email address davame@davame.cz, which is also mentioned in the Policy. However, in this case, we cannot guarantee the full functionality or use of the CRM.

NOTICE TO THE DATA PROTECTION AUTHORITY

6.11 As a data controller, we have given notice to the Data Protection Authority prior to the issue of the General Terms and Conditions that we intend to process personal data and are registered under no. Č. 00033472. The arrangements for processing your or your clients' personal data are an integral part of the Agreement and are agreed in these Terms and Conditions, the Processing Agreement and in accordance with the requirements of the GDPR.

PROCESSING AGREEMENT

6.12 Along with the Contract and these Terms, we also enter into a Data Processing Agreement, which provides more details about how we process your personal data.

6.13 All of clause 6 applies to Customer Information, the information in the Pipedrive CRM Data will only apply in the Partner Seat allocation from clause 4.8.

7. Final Provisions

7.1 These terms and conditions shall be valid and effective for all customers from 1.3.2024. Giving reserves the right to change the terms and conditions with prior notice to customers.