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Terms of Service

TAK HostCheck · TakHostCheck.com · effective 1 January 2026

1. General Provisions

1.1 These Terms of Service govern the rights and obligations between the operator of the TAK HostCheck online application (the "Service") and the user of the Service (the "User").

1.2 The operator of the Service is: Tomáš Bartusek, Za Zahradama 69, 251 01 Herink, Czech Republic, Business ID: 23578106, email: info@itakk.cz (the "Operator").

1.3 The Service is intended exclusively for businesses and legal entities acting in the course of their trade or profession (B2B). The Service is not intended for consumers.

1.4 By entering into the agreement, the User confirms that they are acting in the course of their business activity.

1.5 Legal relations are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code.

2. Nature and Scope of the Service

2.1 TAK HostCheck is a cloud-based (SaaS) application used in particular for: guest record management, generating accommodation books, exporting data for the Czech Police, and managing accommodation-related data.

2.2 The Service is provided solely as a technical tool. The Operator does not provide legal, accounting, or tax advice.

2.3 The Operator does not guarantee that use of the Service will fulfil any specific statutory obligation of the User.

2.4 The Operator does not guarantee that the outputs of the Service comply with current legislation or its interpretation by public authorities.

2.5 The User is solely responsible for fulfilling all statutory obligations.

3. Registration and User Account

3.1 Access to the Service requires registration.

3.2 The User undertakes to: provide accurate information, protect access credentials, and prevent unauthorised access by third parties.

3.3 The User is responsible for all activity carried out under their account.

3.4 The Operator may suspend or terminate an account at any time, in particular for breach of these Terms, non-payment, suspected unlawful conduct, or a threat to system security.

4. Subscription and Payments

4.1 The Service is provided on an automatically renewing subscription basis.

4.2 Payments are processed via a third-party payment gateway, primarily Stripe.

4.3 The User agrees to the automatic renewal of the subscription and recurring charges in accordance with the chosen plan.

4.4 In the event of non-payment, access to the Service may be immediately restricted or terminated.

4.5 Payments are non-refundable unless expressly stated otherwise.

4.6 Prices are stated exclusive of VAT.

5. Trial Period

5.1 Where a trial period is offered, it is limited in time.

5.2 After the trial period ends, the subscription activates automatically unless the User cancels before the trial expires.

6. Service Availability

6.1 The Service is provided on an "as-is" and "as-available" basis.

6.2 The Operator does not guarantee uninterrupted availability or error-free operation.

6.3 Outages may occur due to maintenance, technical failure, cyberattacks, third-party actions, or force majeure.

7. Data and Backups

7.1 The Operator may perform data backups but does not guarantee full restorability.

7.2 The User is responsible for regularly exporting and archiving their own data.

7.3 The Operator is not liable for data loss caused by the User, third parties, technical failure, or force majeure.

8. Liability and Limitation

8.1 The Operator is liable only for damage caused intentionally or by gross negligence.

8.2 The Operator is not liable for: sanctions imposed on the User by public authorities, inaccurate or incomplete data entered by the User, non-compliance of outputs with current legislation, indirect damages, lost profits, loss of revenue, or reputational harm.

8.3 The Operator's total liability is capped at the amount of the annual subscription fee paid by the User.

9. Force Majeure

9.1 The Operator is not liable for failure to perform obligations due to force majeure, including natural disasters, war, infrastructure outages, cyberattacks, or acts of public authority.

10. Sub-contractors

10.1 The Operator may engage third parties (sub-contractors) in providing the Service, in particular for hosting, cloud databases, payment systems, and technical infrastructure.

10.2 The Operator is responsible for selecting sub-contractors with due professional care but is not liable for individual technical failures beyond its reasonable control.

11. Data Protection

11.1 The User is the data controller for guest personal data. The Operator acts as a data processor under Art. 28 GDPR. Conclusion of the agreement also constitutes conclusion of a data processing agreement.

12. Intellectual Property

All software, source code, design, and content of the Service are protected by intellectual property law. The User receives a non-exclusive, non-transferable licence for the duration of the subscription.

13. Changes to Terms

13.1 The Operator may amend these Terms proportionately. The User will be informed by email or via the application at least 14 days before the changes take effect.

13.2 If the User disagrees with the changes, they may terminate the Service before the changes take effect. Continued use constitutes acceptance. Changes are not retroactive.

14. Indemnity

14.1 The User agrees to indemnify the Operator against all damages, costs, fines, penalties, and third-party claims arising from the User's breach of these Terms, violation of applicable law, or inaccuracy of data entered by the User.

15. Termination

15.1 The User may cancel the subscription at any time. The Operator may immediately terminate the Service upon serious breach of these Terms without any right to a refund.

15.2 Upon termination, data will be retained for a maximum of 30 days and then permanently deleted.

16. Governing Law and Disputes

16.1 Legal relations are governed by the law of the Czech Republic. The competent court is the court in the jurisdiction of the Operator's registered address.

Tomáš Bartusek · Za Zahradama 69, 251 01 Herink · IČ: 23578106 · info@itakk.cz