Terms and Conditions of PapagAI Service

Effective from: August 28, 2026

1. Introductory Provisions

1.1. These terms and conditions (hereinafter referred to as "Terms") govern the rights and obligations between the provider of the PapagAI service – Roman Šlancar, DiS., ID No.: 75717051, with registered office at Bohuslava Martinů 802/9, 602 00, Brno - Stránice (hereinafter referred to as "Provider") and the user/subscriber of the service (hereinafter collectively referred to as "User").

1.2. The PapagAI service is an online platform (SaaS) available at www.papagai.net, which enables Users to create and operate AI chatbots for their websites and e-shops.

1.3. By registering and using the service, the User confirms that they have read and agree to these Terms.

1.4. The PapagAI service is intended exclusively for business users. By registering, the User confirms that they use the service in connection with their business activity or the exercise of their profession.

2. Registration and User Account

2.1. Registration through the registration form on the Provider's website is required to use the service.

2.2. The User is obliged to provide true and complete information. The User is responsible for the accuracy of the information.

2.3. The User is obliged to protect their access credentials from misuse by third parties. The Provider is not liable for damages caused by unauthorized access to the User's account.

2.4. The Provider reserves the right to cancel or suspend the account of a User who violates these Terms.

2.5. The User is obliged to keep the contact e-mail address in their user account up to date. A notice sent by the Provider to this address is deemed delivered.

3. Service Description and Pricing

3.1. The price for the PapagAI service consists of a monthly fee and a fee for answers exceeding the number of answers included in the monthly fee. The total monthly price is limited by the cap under clause 3.3.

3.2. The monthly fee is EUR 16 and includes 150 chatbot answers per calendar month. Custom terms with a different monthly price, a different number of included answers, a different price per answer above the limit or a different cap may be arranged by individual agreement.

3.3. Answers exceeding the included number are charged at EUR 0.064 per answer. However, the sum of the monthly fee and the fee for answers above the limit shall not exceed EUR 72 per calendar month; answers beyond this amount are not charged to the User. The amount of the cap may be agreed with the User individually, both higher and lower than stated in these terms; the agreed cap is stated in the contract and in the user account. The cap applies to the operation of the chatbot on the User's website registered in their user account; the Provider's rights under clause 3.5 remain unaffected. The User can see the price of each individual answer and the current monthly amount in their account.

3.4. The Provider reserves the right to change the scope and prices of the service. The User will be informed of any changes at least 30 days in advance at the contact e-mail address kept in their user account.

3.5. The service settings may include a daily limit on the number of messages answered per single device of an end visitor. The specific value of the limit is agreed with the User; the Provider is entitled to apply a limit even without agreement as protection against misuse of the service, of which it will inform the User. Once the limit is reached, the chatbot does not answer on that device until the end of the calendar day and displays information about the limit having been used up instead of an answer. Messages left unanswered in this way are not charged to the User. The limit relates to a device identified in the visitor's browser and the Provider does not guarantee that it cannot be circumvented, for example by using a different device or browser.

4. Billing

4.1. Billing is based on answers. One answer means one response of the chatbot to an end visitor of the User's website.

4.2. The monthly fee covers the agreed scope of the service. Answers provided by the chatbot are recorded and billed at the agreed per-answer rate.

4.3. Billing is carried out once a month for the previous month. The invoice covers the monthly fee together with the fee for the answers used in that period.

4.4. The number of answers recorded by the Provider's system is decisive for billing.

5. Payment Terms

5.1. The price (the monthly fee together with the fee for the answers used) is billed once a month in arrears, for the previous calendar month.

5.2. The service is provided on an ongoing basis and is billed continuously until terminated by either party in accordance with these Terms.

5.3. The Provider issues an invoice for the relevant period, payable by the due date stated on the invoice.

5.4. Prices include VAT unless stated otherwise. The Provider is not a VAT payer.

5.5. In case of payment delay, the Provider is entitled to restrict or suspend the provision of the service.

6. Trial Period

6.1. A 14-day free trial of the service is available; by individual agreement it may have a different length.

6.2. Continued paid use after the trial is based on an agreement between the User and the Provider; the trial does not automatically convert into paid use.

7. Rights and Obligations of the User

7.1. The User agrees to use the service in accordance with the applicable laws of the Czech Republic and these Terms.

7.2. The User must not use the service to distribute illegal, offensive, or harmful content.

7.3. The User is responsible for the content of the knowledge base uploaded to the service. The Provider is not responsible for content created or uploaded by the User.

7.4. The User must not use the service in a way that could damage, overload, or disrupt the functioning of the service.

7.5. The User is not entitled to use the service in a manner that circumvents the pricing model or the technical limitations of the service.

7.6. The User must not carry out automated testing, security scanning, scraping or other activities that may jeopardise the stability, security or performance of the service.

7.7. The User is not entitled to use the service to infringe the rights of third parties, in particular copyright, trademark rights or rights to the protection of personal data.

8. Rights and Obligations of the Provider

8.1. The Provider exercises reasonable professional effort to ensure the functionality and availability of the service in a manner corresponding to the agreed scope.

8.2. The Provider is entitled to carry out planned maintenance, updates, upgrades, security interventions and other technical work necessary for the proper functioning, development or security of the service.

8.3. In the case of planned maintenance that may significantly affect the availability of the service, the Provider will inform the User in advance in an appropriate manner, in particular by email, through the service administration or by a notice on the website.

8.4. In the event of a failure, security incident, cyber attack, threat of misuse of the service or other extraordinary situation, the Provider is entitled to perform unplanned maintenance or to adopt other technical measures even without prior notice.

8.5. The period during which the service is unavailable due to planned or unplanned maintenance is not considered a breach of the Provider's obligations or a defect of the service.

8.6. The Provider is not liable for damage arising from the limitation or unavailability of the service for the time necessary to carry out maintenance, an update or a security intervention.

8.7. The Provider is entitled to continuously change the technical solution, architecture, functionalities, user interface and manner of providing the service, provided that this does not substantially reduce the basic functionality of the agreed service.

8.8. The Provider is entitled to temporarily limit or suspend the availability of individual functionalities of the service for the purpose of testing, development, deployment of new features or removal of identified deficiencies.

8.9. The Provider is not responsible for the accuracy and completeness of responses generated by the AI chatbot.

8.10. The Provider does not guarantee uninterrupted availability of the service and is not liable for damages caused by outages.

8.11. The Provider is entitled to use third-party software, cloud services, AI models and infrastructure when providing the service. The Provider is not liable for limitations of the functionality or availability of the service caused by the providers of such services.

9. Intellectual property

9.1. All rights to the PapagAI platform, in particular copyright to the source code, databases, graphical interface, documentation, trademarks, business name and other components of the service, belong to the Provider or its licensing partners.

9.2. By concluding the contract, the User obtains a non-exclusive, non-transferable and time-limited right to use the service to the extent necessary for its proper use. The User is not entitled to grant sublicences to any extent.

9.3. The User is not entitled to reproduce, modify, distribute, rent out or provide the service to third parties, or to create derivative works, unless expressly agreed otherwise between the parties.

9.4. The User must not carry out reverse engineering, decompilation, circumvention of technical restrictions or other attempts to obtain the source code of the service.

10. Personal data protection

10.1. The User is responsible for the lawfulness of all personal data entered into the service.

10.2. If the Provider processes personal data on behalf of the User when providing the service, it acts as a processor within the meaning of Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).

10.3. The details of the processing of personal data may be governed by a separate data processing agreement concluded between the Provider and the User.

10.4. The Provider is entitled to use further processors and providers of cloud or AI services when providing the service, provided that the requirements of personal data protection legislation are complied with.

11. Liability and Limitations

11.1. The Provider is not liable for indirect, consequential, or incidental damages arising in connection with the use of the service.

11.2. The total liability of the Provider is limited to the amount of payments made by the User in the last 12 months.

11.3. The Provider is not liable for damages caused by force majeure, outages of third parties (hosting, payment gateway), or actions of the User. Force majeure includes in particular energy supply failures, internet outages, cyber attacks, operational failures of cloud service providers, interventions by public authorities, natural disasters, epidemics, wars and similar circumstances that the Provider could not reasonably influence.

11.4. Responses generated by the AI chatbot are for informational purposes only and may be inaccurate, incomplete or out of date. Neither the User nor end visitors may rely on them as the sole basis for any decision and should verify them before use. The Provider is not liable for any damage arising from acting on the chatbot's responses.

12. Termination of Service

12.1. The User may terminate the service at any time through their user account or by a notice sent to the Provider's e-mail address. The service will be available until the end of the current billing period.

12.2. The Provider may terminate the provision of the service with the same effect as the User, by a notice sent to the contact e-mail address kept in the User's user account; the service remains available until the end of the current billing period.

12.3. The Provider is entitled to suspend or terminate the provision of the service without prior notice, in particular in the event of:

a) the User's delay in payment of the price exceeding 21 days, following a prior reminder sent to the User's contact e-mail address,

b) breach of these Terms,

c) violation of legal regulations,

d) endangerment of the security or stability of the service,

e) infringement of the rights of third parties.

12.4. After termination of the service, User data will be retained for 30 days, after which it will be permanently deleted.

12.5. The User is not entitled to a refund for the unused period, except in cases where the termination of the service was caused by the Provider.

12.6. Upon termination, any answers already used but not yet billed will be invoiced as of the termination date.

13. Final Provisions

13.1. These Terms are governed by the laws of the Czech Republic.

13.2. Any disputes will be resolved by the subject-matter competent court in the Czech Republic which is locally competent according to the Provider's registered office.

13.3. The Provider reserves the right to unilaterally amend these Terms. The User will be notified of changes by email at least 30 days before they take effect. If the User does not agree with the change, they are entitled to terminate the contractual relationship in writing no later than the day preceding the effective date of the change. By continuing to use the service after the change takes effect, the User is deemed to agree with the change.

13.4. If any provision of these Terms is found to be invalid, the remaining provisions shall remain in force.

Contact: info@papagai.net

Last updated: August 28, 2026