Terms of Service

This is an English translation provided for convenience. The legally binding version is the Czech original; in case of any discrepancy, the Czech version prevails.

Operator: Digital D&A s.r.o. | Company ID: 23691271

Seat: Školská 660/3, Nové Město, 110 00 Prague

E-mail: support@awentail.com | Web: awentail.com

Effective from: 14 March 2026

1. Introductory provisions

These Terms of Service (the “Terms”) govern the rights and obligations between Digital D&A s.r.o. (the “Operator”) and a user of the Awentail service (the “User”).

Awentail is a cloud SaaS platform enabling the creation and operation of AI assistants for customer communication, lead capture and appointment booking.

By registering an account, the User confirms that they have read these Terms and agree to them in full.

2. Definitions

The following definitions apply for the purposes of these Terms:

• Platform – the Awentail cloud application available at awentail.com and app.awentail.com, including all of its components, features and API.
• AI Assistant – a virtual conversational agent created within the Platform, trained on the content of the User’s Knowledge Base.
• User account – a registered account enabling access to the Service.
• Plan – a pricing plan under the current Pricing that defines the scope and limits of Platform usage.
• Knowledge Base – documents or web pages uploaded or connected by the User, from which the AI Assistant draws its knowledge.
• Widget – the JavaScript code generated by the Platform that the User embeds on their website.
• Conversation – a single coherent communication thread between the AI Assistant and a visitor to the User’s website.
• GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data.

3. Registration and account

Access to the Service is only granted after creating a User account.

The User is obliged to:

• provide truthful and up-to-date information and, if it changes, update it without undue delay;
• protect their access credentials and not provide them to third parties;
• not allow third parties to access their account — the Operator is not liable for damage arising from the User’s insufficient protection of access credentials.

A User may register only one account, unless the Operator expressly provides otherwise.

The Operator may suspend or cancel an account in the event of a breach of these Terms or applicable law.

4. Description of the service

Awentail provides tools for creating AI assistants capable of communicating with website visitors and providing information based on uploaded data.

The Operator may update the Service, change features or the technical architecture on an ongoing basis without prior notice, provided the change does not materially limit the features of the chosen Plan.

Some Platform features may be labelled beta, experimental or in early access. Such features are provided without any warranty of functionality, availability or data retention and may be changed or removed at any time without compensation.

The Operator does not guarantee uninterrupted availability of the Service. Planned maintenance outages will be announced with reasonable advance notice.

The Operator provides no service level guarantee (SLA) unless expressly agreed otherwise in an individual written contract. To the maximum extent permitted by law, the User has no claim to damages or a price reduction due to an outage or reduced availability of the Platform.

The Operator is entitled at any time to modify, limit or permanently discontinue the operation of individual Platform features, even without prior notice, provided this does not affect the core functionality of the purchased Plan.

5. Usage restrictions

The Platform is not intended for use in areas where its failure or inaccurate output could endanger life or health or cause significant legal or financial harm. In particular, the User must not primarily use the Platform for:

• medical diagnosis, treatment recommendations or other clinical purposes;
• providing regulated financial or investment advice;
• providing legal advice with legally binding effects;
• operating critical infrastructure (energy, water management, transport, etc.);
• automated decision-making with legal effects on natural persons without ensuring meaningful human oversight.

The Operator is not liable for damage arising from use of the Platform in the areas listed above, even if the User informed the Operator of such use.

6. AI outputs and liability for them

The AI Assistant uses third-party generative artificial intelligence. The AI Assistant’s outputs may be inaccurate, incomplete or outdated.

The User bears full responsibility for:

• verifying the accuracy of the AI Assistant’s outputs before using them or communicating them to third parties;
• all decisions made on the basis of the AI Assistant’s outputs;
• the content and accuracy of the Knowledge Base from which the AI Assistant draws.

The Operator expressly provides no warranties as to the accuracy, completeness, timeliness or suitability of the AI Assistant’s outputs for any particular purpose. The Operator bears no liability for damage arising from reliance on the AI Assistant’s outputs.

The Operator is furthermore not liable for any bias, hallucinations or other systematic errors of the AI model. These characteristics are inherent to third-party generative AI technology and are not dependent on the Operator.

7. Price and payment terms

The current Plan Pricing is published at awentail.com/pricing. The Pricing is not part of these Terms and the Operator may update it at any time under Art. 14.

Prices are stated in euros (EUR). Users with a seat in the Czech Republic may be invoiced in Czech koruna (CZK) at the exchange rate valid on the invoice date. Prices do not include VAT or other local taxes — these are borne by the User.

Plans are billed monthly in advance. The subscription renews automatically at the start of each billing period until the User cancels it.

Payments are non-refundable. Cancelling the subscription during a billing period does not affect the obligation to pay for the entire ongoing billing period — the proportional part for the unused time is not refunded.

In the event of late payment, the Operator is entitled to limit or suspend access to the Platform until the outstanding amount, including any default interest, is paid.

The User will be informed of price changes by e-mail at least 30 days in advance. A price change always applies only from the first billing period beginning after the effective date of the change — the ongoing prepaid period is not affected. If the User does not agree with the change, they may terminate the contract as of the effective date of the change.

8. Trial period

New Users may use a free trial period of 14 days from the date of registration. Activation may require entering a payment method — no payment will be taken before the trial period ends.

The User may cancel the subscription at any time during the trial period free of charge. After the trial period ends, the User automatically moves to a paid Plan.

Each User is entitled to a trial period only once. The Operator reserves the right to refuse a trial period in the event of abuse (e.g. repeated registrations).

Users using the trial period have no claim to any damages in connection with their use of the Platform. The trial version is provided solely for evaluation purposes without any warranties.

By registering and starting the trial period, a User who is a consumer expressly consents to the provision of the Service before the statutory 14-day withdrawal period expires. After the automatic transition to a paid Plan, the right of withdrawal lapses in accordance with § 1837(l) of Act No. 89/2012 Coll. (the Civil Code), as the User expressly requested that performance of the digital content begin.

9. Prohibited use of the service

The User must not use the Service to:

• distribute illegal, discriminatory, hateful or otherwise objectionable content;
• carry out phishing, fraud or other deceptive practices against third parties;
• send spam or unsolicited bulk communications;
• attempt to compromise the security, integrity or availability of the Platform (DoS attacks, scanning, unauthorised access);
• reverse engineer, decompile or extract the Platform’s source code;
• sell, rent or sublicense access to their account to third parties without the Operator’s consent;
• scrape data from the Platform automatically other than via the API;
• test or benchmark the Platform for the purpose of developing a competing product or service, or perform direct comparative analysis against competing products without the Operator’s prior written consent;
• engage in any practices prohibited by Art. 5 of Regulation (EU) 2024/1689 (EU AI Act), in particular manipulation of users, social scoring or exploitation of vulnerabilities.

The Operator is entitled to introduce technical usage limits (rate limits, fair use policy) to protect the infrastructure and ensure service quality for all Users. Exceeding these limits may lead to temporary access restrictions with no claim to compensation.

10. Suspension and termination of the service

The Operator may immediately suspend or terminate access to an account without prior notice where there is reasonable suspicion of:

• abuse of the Service or breach of these Terms;
• breach of applicable law;
• endangering the security of the Platform or other Users.

The User may terminate the contract at any time by cancelling the subscription in the account settings or by sending a request to support@awentail.com. The subscription remains active until the end of the paid billing period.

After account cancellation, the User’s data (documents, conversations, contacts) is retained for 14 days and then permanently and irrevocably deleted. During this period the User may export the data via Platform features, where technically available. The Operator is not liable for data loss after this period or for an inability to export caused by technical circumstances beyond the Operator’s control.

The Operator may terminate the contract for operational or business reasons with a 30-day notice period.

11. Personal data protection

The processing of Users’ personal data is governed by the Privacy Policy available at awentail.com, which forms an integral part of the contractual relationship.

The User, as the operator of the website on which the Widget is deployed, is the controller of their customers’ personal data within the meaning of GDPR. Awentail acts as the processor. The parties will conclude a Data Processing Agreement (DPA) under Art. 28 GDPR — available on request at support@awentail.com.

The User is responsible for meeting their controller obligations under GDPR, in particular for informing their customers about the processing of their personal data via the AI Assistant.

The Operator is not liable for personal data uploaded by the User to the Platform as part of the Knowledge Base or other content. The User is responsible for ensuring that such uploading complies with GDPR and other applicable regulations.

The Operator implements appropriate technical and organisational measures to protect data (TLS encryption in transit and at rest, data isolation at account level). A User’s data is not shared with other Users or used to train shared AI models without express consent.

The User’s data is processed on servers located within the European Economic Area (EEA). Transfer of data outside the EEA is possible only under the conditions set out by GDPR (e.g. standard contractual clauses), and the Operator informs the User of this in the Privacy Policy.

12. Intellectual property

The Awentail Platform, its source code, design, logos and documentation are protected by copyright and other intellectual property rights of the Operator or the relevant third parties.

The User obtains a limited, non-exclusive, non-transferable and revocable licence to use the Service solely for their own business purposes within the scope of the chosen Plan.

The User retains all rights to their Knowledge Base content. The User grants the Operator a non-exclusive licence to use this content solely for the purpose of providing the Service. The Operator is not entitled to use the User’s data to train shared AI models without the User’s express consent.

The User agrees that the Operator may state the User’s name or logo as a reference in the Operator’s marketing materials, on its website or in presentations. The User may withdraw this consent at any time by written notice to support@awentail.com. Withdrawal of consent does not affect materials already issued or published that contain the reference.

13. Limitation of liability

The Service is provided “as is” and “as available”. The Operator provides no warranties beyond these Terms.

The Operator is not liable for any direct, indirect, incidental, special, consequential or punitive damages, including lost profits, loss of data, loss of goodwill or business interruption — even if the Operator was advised of the possibility of such damages.

The Operator is furthermore not liable, in particular, for:

• inaccuracies or errors in the AI Assistant’s responses;
• outages or unavailability caused by third parties (cloud infrastructure, AI model suppliers, telecommunications operators);
• loss or damage of data arising for any reason, including hardware failure or human error;
• damage arising from Knowledge Base content uploaded by the User or from claims by the User’s customers.

The Operator’s total liability for all claims arising within one calendar year is limited to the payments for the Service paid by the User in the last 3 months before the damage arose, but no more than EUR 300.

These limitations do not apply to harm caused intentionally or by gross negligence, or to harm to life, health or liberty.

13a. Force majeure

The Operator is not liable for delay or non-performance caused by circumstances beyond its reasonable control (force majeure), in particular natural events, third-party cyberattacks, cloud infrastructure outages, epidemics or changes in law.

If force majeure circumstances last longer than 30 days, the Operator is entitled to terminate the contract. Prepaid subscription for the unused period will be refunded on a proportional basis.

13b. Indemnification of the Operator

The User undertakes to indemnify and defend the Operator against all claims, liabilities, costs and expenses (including legal fees) arising from:

• the User’s breach of these Terms;
• Knowledge Base content or other content uploaded by the User;
• claims by the User’s customers or other third parties in connection with the deployment of the AI Assistant on the User’s website;
• the User’s breach of obligations under GDPR or the EU AI Act.

14. Changes to the Terms

The Operator may update these Terms at any time. The User will be informed of material changes by e-mail to their registered address at least 14 days before they take effect.

If the User does not agree with a change, they may terminate the contract as of the effective date of the amended Terms. If the User continues to use the Platform after the changes take effect, they are deemed to agree with the change.

15. Dispute resolution

Disputes will be resolved primarily amicably at support@awentail.com.

A User who is a consumer has the right to out-of-court dispute resolution via the Czech Trade Inspection Authority (www.coi.cz) or the EU online dispute resolution platform (ec.europa.eu/consumers/odr).

The governing law is the law of the Czech Republic. The general courts of the Czech Republic have jurisdiction to decide disputes; the court with local jurisdiction for disputes between entrepreneurs is the court determined by the Operator’s seat (Prague).

16. Final provisions

If any provision becomes invalid or unenforceable, this does not affect the validity of the remaining provisions.

The Operator is entitled to assign the rights and obligations under these Terms to a third party (e.g. as part of a merger or sale), and will inform the User thereof.

These Terms are governed by Act No. 89/2012 Coll. (the Civil Code), Act No. 634/1992 Coll. (consumer protection) and the GDPR.

These Terms take effect on 14 March 2026 and supersede any previous versions.

Digital D&A s.r.o. | Company ID: 23691271 | support@awentail.com | awentail.com