Terms of Service

1. Acceptance of Terms

These Terms of Service (the "Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Helize s.r.o., a limited liability company organised under the laws of the Czech Republic ("Helize", "we", "us", or "our"), governing your access to and use of Helize's websites, agency services, and the Handyman Platform (collectively, the "Services").

By accessing any of our websites, signing an order form, submitting a purchase order, paying an invoice, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity.

If you do not agree to these Terms, you must not access or use the Services.

2. Description of Services

Helize provides technology agency services and proprietary software products, including:

(a) Web development services — custom website design, development, maintenance, and related technical services;

(b) Search engine optimisation (SEO) services — on-site and off-site optimisation, keyword research, content strategy, and performance reporting;

(c) Digital advertising services — strategy, campaign setup, management, and reporting across major advertising platforms;

(d) The Handyman Platform — a software-as-a-service product enabling service professionals to operate branded booking platforms, hosted at handyman.helize.eu or at a customer-provided domain;

(e) HiFix.cz, Happie Hour, and other proprietary products as introduced from time to time.

The specific scope of services engaged by each Customer is set out in the applicable order form, proposal, statement of work, or online sign-up confirmation (each, an "Order"). In the event of a conflict between an Order and these Terms, the Order shall prevail with respect to the subject matter it specifically addresses.

3. Account Registration and Customer Obligations

To access certain Services (including the Handyman Platform), you must create an account or have one provisioned on your behalf. You agree to: (i) provide accurate, current, and complete information; (ii) maintain the security and confidentiality of your login credentials; (iii) promptly notify Helize of any unauthorised use of your account; and (iv) accept responsibility for all activities that occur under your account.

You are responsible for ensuring that the content, data, and materials you upload, transmit, or process through the Services comply with all applicable laws, regulations, and third-party rights, including intellectual property, data protection, and consumer protection laws.

You must not use the Services for any unlawful, fraudulent, or abusive purpose, and you must not attempt to interfere with, compromise, or circumvent the security, integrity, or proper functioning of the Services.

4. Handyman Platform — Specific Terms

The following additional terms apply specifically to customers of the Handyman Platform.

Setup fees: the Handyman Platform is offered at one-time setup fees of €299, €599, or €999 (excluding VAT where applicable), depending on the plan selected. The setup fee is payable upon signing the Order and is NON-REFUNDABLE once development work has commenced. Development is deemed to have commenced upon Helize's written or electronic acknowledgement of project kick-off.

Commission: Helize charges a flat commission of five percent (5%) on all bookings processed through the Customer's Handyman Platform instance. Commission is calculated on the gross booking value (excluding applicable taxes) and deducted automatically at the time of settlement. Commission amounts are non-refundable once processed, save where required by mandatory law.

Hosting, maintenance, and updates: for as long as the commission model is active, Helize provides at no additional charge: application hosting on EU infrastructure, server maintenance, security patches, platform updates, feature enhancements, backups, and standard customer support.

Customer's domain and branding: the Customer is responsible for providing and maintaining the domain name(s) under which the platform is deployed. Helize provides the underlying technical platform, infrastructure, and ongoing development.

Ownership of platform code: the Handyman Platform software, source code, architecture, design systems, and underlying intellectual property remain the exclusive property of Helize s.r.o. The Customer receives a non-exclusive, non-transferable, worldwide licence to use the platform for its own business for the duration of the service relationship.

Ownership of customer brand and data: the Customer retains full ownership of its brand, trademarks, content, customer lists, booking data, and any data generated through its use of the platform. Upon request, Helize will export the Customer's data in standard, machine-readable formats (such as CSV, JSON, or SQL dumps) at no charge.

Apple Developer Program fee: for Customers requiring a native iOS mobile application, the Apple Developer Program annual fee (currently USD 99 / approximately €99 per year) is included in Year 1 of the service. From Year 2 onwards, the Apple Developer Program fee is the Customer's sole responsibility and must be paid directly to Apple Inc. or reimbursed to Helize upon presentation of the invoice.

Google Play Developer registration: the one-time Google Play Developer registration fee (currently USD 25) is included by Helize for Customers requiring a native Android application and does not recur.

No lock-in: the Customer may terminate the Handyman Platform service at any time upon reasonable written notice. The commission-based pricing model is expressly designed to avoid long-term lock-in.

5. Pricing, Payment, and Late Payment

All prices are quoted in Euro (EUR) and exclusive of Czech VAT and any other applicable taxes, duties, or levies, which shall be added where required by law.

Agency services are invoiced in accordance with the schedule set out in the relevant Order (typically on project milestones or monthly in arrears for retainers). Handyman Platform setup fees are invoiced upon signing of the Order and are payable in full before development work commences. Commission on bookings is settled on a monthly basis.

Invoices are payable within fourteen (14) calendar days of the invoice date unless otherwise agreed in writing. Payments must be made in cleared funds by bank transfer or any other method specified on the invoice.

Late payment: overdue amounts shall bear default interest at the statutory rate set out in Czech Government Regulation No. 351/2013 Coll., as amended, from the original due date until payment is received in full. Helize further reserves the right to claim the statutory minimum lump-sum compensation for recovery costs and to suspend the provision of Services without liability until all overdue amounts, interest, and costs have been paid.

6. Intellectual Property

Helize IP: the Services, including all software, source code, object code, design, architecture, user interfaces, documentation, trademarks, logos, and other materials provided by Helize, are and shall remain the exclusive property of Helize s.r.o. or its licensors. Except for the limited licence expressly granted in these Terms, no other rights, title, or interest in or to Helize's intellectual property are transferred or granted to you.

Customer IP: you retain all rights, title, and interest in and to your brand, trademarks, content, data, and any materials you provide to Helize for the purposes of the Services ("Customer Materials"). You grant Helize a worldwide, royalty-free, non-exclusive licence to use, reproduce, modify, display, and transmit the Customer Materials solely to the extent necessary to provide the Services.

Deliverables: unless otherwise agreed in writing, custom deliverables produced for you under an agency engagement (such as bespoke website designs) are licensed to you upon full payment of all applicable fees, subject to any third-party components, open-source licences, or standard Helize tooling embedded therein.

Feedback: any suggestions, ideas, or feedback you provide regarding the Services may be used by Helize without obligation or compensation to you.

7. Acceptable Use

You agree not to, and not to permit any third party to: (a) use the Services in violation of any applicable law or regulation; (b) infringe any intellectual property, privacy, or other rights of any third party; (c) transmit any unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable content; (d) send unsolicited commercial communications in violation of applicable anti-spam laws; (e) introduce viruses, malware, or other malicious code into the Services; (f) attempt to gain unauthorised access to the Services or their related systems or networks; (g) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services except to the extent permitted by mandatory law; (h) use the Services to provide competing services or to benchmark them without Helize's prior written consent; or (i) use the Services in any manner that could damage, disable, overburden, or impair them.

Helize reserves the right to suspend or terminate access to the Services immediately if it reasonably determines that the Customer has breached this Acceptable Use policy.

8. Warranties and Disclaimers

Helize warrants that the Services will be provided with reasonable skill and care, in accordance with generally accepted industry standards and applicable law.

Except for the express warranty set out above and any warranties that cannot be excluded or limited under applicable law (including statutory consumer protection rights under Czech Civil Code Act No. 89/2012 Coll. and Act No. 634/1992 Coll. on Consumer Protection, where the Customer qualifies as a consumer), the Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or uninterrupted or error-free operation.

Helize does not warrant that the Services will meet your specific requirements, that operation will be uninterrupted, that defects will be corrected immediately, or that the Services will be compatible with all hardware or software. Nothing in these Terms shall limit or exclude any rights that cannot be excluded or limited under mandatory consumer law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, and without prejudice to any rights of consumers that cannot be waived under mandatory law:

(a) Helize shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, or business interruption, whether arising in contract, tort (including negligence), statute, or otherwise, even if Helize has been advised of the possibility of such damages.

(b) Helize's aggregate liability arising out of or in connection with these Terms or the Services, regardless of the cause of action or legal theory, shall not exceed the GREATER of (i) three (3) times the average monthly fees paid by the Customer to Helize under the relevant Order during the three (3) months preceding the event giving rise to the claim, or (ii) one thousand Euro (€1,000).

(c) The above limitations shall not apply to liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, wilful misconduct, or any other liability which cannot lawfully be limited or excluded.

(d) Where the Customer is a consumer within the meaning of Czech law, this clause shall not limit any rights of the consumer that arise from mandatory provisions of Czech consumer protection law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Helize s.r.o., its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, demands, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or any applicable law; (b) the content, data, or materials you upload, transmit, or process through the Services; (c) your infringement of any third-party right, including intellectual property or privacy rights; or (d) your negligent or wrongful acts or omissions in connection with the use of the Services.

Helize reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you shall cooperate with Helize's defence of such claim.

11. Termination

Either party may terminate a service engagement at any time by providing reasonable written notice to the other party, in accordance with the specific terms of the applicable Order. The Handyman Platform commission model is expressly designed to permit termination by the Customer without long-term lock-in.

Helize may terminate or suspend the Services immediately, without notice, if: (a) the Customer materially breaches these Terms and fails to cure the breach within fourteen (14) days of written notice (or immediately where the breach is not capable of cure); (b) the Customer becomes insolvent, enters liquidation, or ceases trading; or (c) continued provision of the Services would expose Helize to legal risk.

Upon termination: (i) your right to access and use the Services ceases immediately; (ii) all fees accrued up to the effective date of termination become immediately due and payable; (iii) the setup fee (if any) remains non-refundable; (iv) Helize shall, upon request, provide an export of the Customer's data in standard formats within a reasonable period; and (v) all clauses of these Terms which by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and governing law) shall continue in full force and effect.

12. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than an obligation to pay money) to the extent such failure or delay is caused by circumstances beyond its reasonable control, including without limitation acts of God, war, terrorism, civil unrest, epidemic or pandemic, governmental action, labour disputes, failure of utilities or telecommunications, failures of third-party infrastructure providers, denial-of-service attacks, or natural disasters.

The affected party shall notify the other party as soon as reasonably practicable and shall use commercially reasonable efforts to mitigate the effects of the force majeure event. If the event continues for more than sixty (60) consecutive days, either party may terminate the affected Order upon written notice without liability.

13. Governing Law and Jurisdiction

These Terms, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict-of-laws principles, and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods.

Subject to any mandatory rules of consumer protection law, the courts of the Czech Republic, and in particular the competent courts in Prague, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services.

14. Consumer Dispute Resolution

Where the Customer qualifies as a consumer within the meaning of Czech and EU law, the Customer has the right to an out-of-court resolution of any consumer dispute arising from these Terms. The competent authority for such out-of-court resolution is the Czech Trade Inspection Authority (Česká obchodní inspekce, "ČOI"), Štěpánská 796/44, 110 00 Prague 1, www.coi.cz.

Consumers resident in the European Union may additionally use the European Commission's Online Dispute Resolution platform to submit disputes arising from online contracts. Helize's contact email for this purpose is info@helize.eu.

Use of these mechanisms is voluntary and does not affect the consumer's right to seek redress before the competent courts.

15. General Provisions

Entire agreement: these Terms, together with any applicable Order and any policies referenced herein (including our Privacy Policy and Cookie Policy), constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous understandings, whether written or oral.

Severability: if any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

No waiver: the failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged in writing.

Assignment: the Customer may not assign or transfer any rights or obligations under these Terms without Helize's prior written consent. Helize may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets.

Notices: all notices under these Terms shall be given in writing and delivered by email to info@helize.eu (for Helize) or to the email address associated with the Customer's account (for the Customer).

Amendments: Helize may update these Terms from time to time. Material changes will be notified to active Customers by email or through the Services at least thirty (30) days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

Languages: these Terms are provided in English. Translations into Czech, Russian, and Ukrainian may be made available for convenience; in case of any inconsistency, the English version shall prevail, save where mandatory Czech consumer law requires otherwise.