Terms of Service

General Terms and Conditions of Service for Bextr

These are the general terms and conditions ("GTC") of Lokk Parking s.r.o., ID: 09076891, with registered office at Zbraslavská 12/11, Malá Chuchle, 159 00 Prague (hereinafter referred to as the "Operator") for the Bextr platform operated at www.bextr.com/cz/sk

Contact details of the operator: Zuzana Šerá, +420 601 226 333, info@bextr.com

Our service is intended exclusively for businesses.

1. Ordering Bextr Service

a). The GTC define the mutual rights and obligations of the Operator and users of the Bextr service ("User"). By registering for Bextr, the User confirms agreement with the GTC.

b). Users are divided into those who submit requests for cooperation with influencers ("Client") and those who offer Clients the execution of this cooperation in the form of creating their own content and publishing it on social networks ("Influencer"). Bextr allows Clients to create influencer marketing campaigns ("Campaigns") and reach out to relevant Influencers, submit to them the desired cooperation using our structured form ("Brief"), control, approve, and further work with content created by Influencers, such as photos, videos, and other posts ("Posts"), analyze metrics of published Posts and executed Campaigns, and reward Influencers.

c). We provide our service to entrepreneurs. If you wish to use the service as a natural person, by agreeing to these terms, you confirm that you will use it in accordance with its intended purpose - for your business purposes.

d). A contract is concluded between us at the moment of service registration. We reserve the right to refuse cooperation.

e). When registering for a Bextr account or when filling out an order, you must provide all data correctly and truthfully, and update it whenever it changes. The data provided by you is considered correct by us.

f). If there is any doubt as to who the contracting party (service purchaser) is, and thus whose data is entered into Bextr, we consider the contracting party to be the entrepreneur from whose bank account the service was paid for.

2. Mutual Rights and Obligations of the Client and Influencer

a). By creating a Brief, the Client issues a non-binding invitation for offers to Influencers.

b). The Influencer responds to the invitation by logging into the Campaign, thereby making a proposal to conclude a Contract with the Client with the content defined in the GTC and Brief.

c). The Client accepts the proposal by: (i) sending a barter or discount coupon/voucher to the Influencer; (ii) expressly accepting the Influencer's offer.

d). The Influencer, by concluding the Contract, undertakes to:

- publish the content created according to the Brief instructions on social networks and leave it there for at least six months (except for Stories or other media whose nature does not allow it);

- label the published Post as a collaboration;

- avoid publishing content that infringes the intellectual property rights of third parties (e.g., using third-party Posts without the Influencer's consent) or rights to privacy and likeness (e.g., images of individuals who have not consented), or which otherwise violates laws or good morals or damages the Client's reputation;

- comply with Act No. 40/1995 Coll., on Advertising Regulation, and other relevant legal regulations;

- during the Campaign, refrain from publishing Posts promoting the direct competition of the Client;

- maintain confidentiality about agreements concluded between the Influencer and the Client beyond the terms stated in the GTC and regarding mutual communication concerning the subject of the Contract, except for information that is publicly known by nature.

e). By concluding the Contract, the Client undertakes to:

- provide the Influencer with the agreed reward in the form of (i) goods or services (barter), (ii) a discount voucher, or (iii) monetary compensation;

- provide the Influencer with cooperation to fulfill their obligations under the Contract (especially by providing additional information and instructions, adding the Influencer to the list of collaborating influencers on the relevant social network);

- refrain from using the Post in violation of laws or in a manner that damages the reputation of the Influencer;

- License: By concluding the Contract, the Influencer grants the Client an exclusive, unlimited, and unrestricted license to publish the Posts on social networks and use them in any way that does not damage the reputation of the Influencer. The Client is entitled to assign this right or part thereof to a third party. The compensation for granting the license is already included in the compensation for the collaboration;

- Changes to the Contract: If the Client changes the Brief after concluding the Contract with the Influencer, this is considered a proposal to amend the Contract. It is considered that the Influencer agrees with the proposal unless the Influencer informs the Client in writing (including email communication) within 3 days that they disagree with the amendment to the Contract;

f). The Client is entitled to withdraw from the Contract if:

the Influencer does not deliver the requested Post within the agreed deadline, but no later than the end date of the campaign, or does not publish such a Post in accordance with the Brief;

the Influencer seriously breaches the Contract in another way;

the Influencer breaches the Contract in a less serious way and does not remedy this breach even within an additional deadline provided by the Client, which shall not be shorter than 5 days;

g). The Influencer is entitled to withdraw from the Contract if:

- the Client does not pay the Reward to the Influencer within the agreed deadline, even within an additional deadline provided by the Influencer, which shall not be shorter than 5 working days;

- the Client does not provide the Influencer with the goods or services that are to be provided in advance according to the Brief (barter), or if the provided goods have substantial defects and the Client does not provide new goods or provide the service again within a reasonable deadline, but no later than within 20 working days;

- the Client seriously breaches the Contract in another way;

- the Client breaches the Contract in a less serious way and does not remedy this breach even within an additional deadline provided by the Influencer, which shall not be shorter than 5 days;

3. Scope of Bextr Usage

a). To try out our service, you can use the free trial version. After the trial period ends, you can choose a suitable plan and switch to the paid version. Each client can use the trial version only once.

b). You choose the scope of the service by purchasing the corresponding plan.

c). If you use the Free plan, we reserve the right to change the scope of the provided service without prior notice. We also reserve the right to restrict or terminate the provision of the service. If you do not show activity for more than 3 months, we may delete all data.

d). You can change the plan. However, if you switch to a lower plan, please note that the scope of the service will be limited, leading to data loss.

e). You can use the service for the prepaid period according to the chosen plan. After the prepaid period expires, we will switch your service to the Free plan.

f). We may modify and change the service and its functionalities without prior notice, especially considering service development. The primary scope of cooperation involves barter collaborations, collaborations without financial compensation. With the higher plan, you can also choose the scope of paid campaigns. Please note that this scope is in beta testing, and the Bextr platform is primarily intended for barter collaborations.

g). We will include new functionalities in the respective plans at our discretion. There is no legal entitlement to them.

h). If we decide to charge for certain features in the future (or change their price), we will inform you. If you do not agree with the price increase, you have the right to terminate the service upon the expiration of the prepaid service period.

i). For using Bextr, we grant you a non-exclusive license, but only to the extent necessary for your use of the service in accordance with the contract and terms of service. The license is valid for the period for which you have paid for the service.

4. Prohibited Use of Bextr

a). Without our permission, you may not access Bextr using any automated tools (e.g., bots, software, and similar tools) unless it is inherent to the nature of Bextr. We also prohibit any interference with the normal operation of the service, including any attacks, changes to TCP/IP protocols, or intentional transfers of excessive amounts of data that may excessively burden the infrastructure of our service.

b). We prohibit the spread of any viruses or engaging in any other unlawful activities.

c). We also prohibit conducting penetration tests or vulnerability analyses of software or other services provided by us. We prohibit behavior that endangers, restricts, or has any other negative impact on the stability and availability of our service.

d). If you provide us with any content (e.g., personal data, order information) while using our service, we assume that you have the right to upload any such content and have resolved all rights of third parties. If we incur any damage as a result of your actions, we may seek compensation from you.

e). Our website, application, graphics, and other content are subject to copyright. We monitor and address any violations of these rights through legal means.

5. Payment Terms

a). The price for providing Bextr varies depending on the chosen tariff. Tariffs can be found HERE.

b). The current price list is available on the Bextr website. Its current form at the time of submitting the service registration, or at the time of extending our services, is binding.

c). The price can be paid by non-cash payment with a credit card online.

d). Follow the instructions provided for each payment method when making the payment.

e). The price is considered paid at the moment the relevant amount is credited to our account. Until then, we may not enable you to use the service.

f). For each payment, we will issue a tax document that complies with tax and accounting regulations. The tax document (invoice or proforma invoice) will be sent to the email address provided in the order.

g). We are not VAT registered.

h). The service is paid on the basis of so-called recurring payments, unless you have chosen otherwise in the payment method.

i). If you wish to terminate payments, you can do so in your profile. The request will always be processed at the end of the month.

j). Recurring payments are terminated even if your payment or credit card expires.

k). If you wish to resume payments after terminating recurring payments, a new authorization is required.

l). If a payment is deducted even after you have requested termination, please contact us, and we will promptly resolve the issue.

6. Termination of Service

a). You can terminate the use of Bextr at any time in the future by canceling your account in the user interface. However, in the event of termination of prepaid services, you are not entitled to a refund of the already paid price or any portion thereof.

b). If you are in arrears with payment for a period longer than 14 days, we may restrict or terminate the service (and user account) without prior notice.

c). We may restrict or terminate the service (by terminating the contract) without the right to a refund of the paid price if:

- You use it for illegal purposes or in a manner contrary to good morals,

- You violate the rights of third parties,

- You substantially or repeatedly violate our contractual terms,

- You violate legal regulations,

- You unlawfully exploit knowledge about the ideas and principles, configuration, or methods used on which Bextr is based.

d). We may impose restrictions or terminate immediately, without prior notice. Termination does not affect your obligation to pay for the service partially or in full that we have provided. Termination also does not affect your liability for damages, including non-pecuniary damage, or other provisions that by their nature should remain valid.

e). We have the right to terminate the provision of the service for serious reasons, following prior written notice, which we will send to the email address provided during registration.

f). We will notify you 2 months in advance. Such a situation may occur, for example, in the event of the termination of the operation of our service.

g). After canceling the account, we will keep all your uploaded content in backup for up to 1 year. However, there is no legal entitlement to this. If you decide not to return to the service, we will then remove the content unless we agree on a different procedure.

h). If you do not cancel your account but simply do not log in for a long time, we will delete the data within 5 years of the last login.

7. Compensation for Damages

a). Please note that it is your responsibility, and therefore we are not liable in particular for:

- You did not have the right to upload the relevant content to the service (especially concerning the protection of personal data, property rights, copyright, unfair competition, etc.) or that the content will be accessed by unauthorized persons/audience;

- Uploaded content infringes the rights of third parties;

- Uploaded content and its handling are contrary to legal regulations or good morals.

b). Our website, application, service, and thus the client account may not be available continuously, especially considering the necessary maintenance of hardware and software equipment, or maintenance of hardware and software equipment of third parties, or in case of service outages by third parties, or other events, which may also be on our side. In the event of such interruptions, we are not liable for any damages. However, we always promptly address them. If we ourselves cause a service outage for more than 24 hours, we will provide you with a discount in proportion to the prepaid hours for that month. Besides this discount, we do not provide any further compensation.

c). We will inform you about planned major outages in your user account.

d). The functioning of our service also depends on the proper functioning of services and devices of third parties. We cannot influence this, and therefore, if our service does not function properly due to third parties, we are not responsible for it. We always recommend using the latest operating systems and updated browsers.

e). Also, keep in mind that if you provide access to your account content to third parties, this content may be used (or changed or deleted) by these third parties. We are not responsible for this either. Keep your data safe.

f). We back up data and content. However, we recommend that you also back up data on your own storage.

g). If your violation of these terms causes us damage, you agree to cooperate in reducing this damage and further compensate, including non-pecuniary damage.

8. Liability for Defects

a). If you believe that the service for which you have paid us has a defect (does not correspond to the agreed conditions in terms of scope or quality), you can make a complaint in accordance with the law. If the defect is removable, you can demand rectification or a reasonable discount. If the defect cannot be rectified, you can request a reasonable discount.

b). Submit your complaint to the email: info@bextr.com

c). Please provide a description of the defect, the account affected by the defect, and how you wish to handle the complaint. We will look into it.

d). If you report service outages to us, you have an obligation to communicate with us to resolve them, respond to our messages and inquiries, provide us with the information and access we need to resolve the issue promptly, no later than within 2 days.

e). Please note that we are not liable for service difficulties on your side. These include, in particular, improper intervention by you or persons authorized by you, services of third parties, server attacks, hosting, internet outages, malfunctioning technical equipment, malfunctioning or outdated operating systems or programs, etc.

9. Conclusion

a). We provide the service electronically, and therefore, we will communicate with you through online services and online communication. Therefore, if the law requires any legal action to be taken in writing, we will consider email communication as written form. Delivery occurs at the moment of sending an electronic message to the relevant email address of the recipient. Your email address is the one stated in your user profile, unless agreed otherwise.

b). To provide the service, we need to process your personal data. As part of providing our services, we will also process personal data for which you are the so-called data controllers. A data processing agreement is therefore included in these terms and conditions as an attachment.

c). We reserve the right to modify the service at any time, without prior notice, even if there is a contractual relationship between us. If such a change also includes a change on your side, it is necessary for you to apply such a change for the proper functionality.

d). These terms may be changed to the extent necessary, mainly due to changes in laws or Bextr's functionalities. We will inform you of major changes by email, at least one month before the intended effective date of the change. If you do not express disagreement within one month of the notification, we will continue to provide services under the new conditions. If you express disagreement, our contractual relationship will be terminated after the prepaid service expires. Expressing disagreement does not affect the fulfillment of previous unfulfilled obligations.

e). These terms are governed by Czech law. The language of our communication is Czech, Slovak, or English. You cannot assign any rights and claims against us to a third party without our consent. For any disputes, Czech courts are competent according to the registered office of the Bextr service provider.