Terms of Service

1. Introduction and definitions

The provider of the service is:

• BEHIO LLC, EIN 37-2251362
• registered office: 30 N Gould St, Suite 66310, Sheridan, WY 82801, United States
• a limited liability company organized under the laws of the State of Wyoming, USA
• contact: behio.com/contact, e-mail [email protected]

The service means the Behio cloud platform available at behio.com and related domains, including the admin, public API, SDK, eshop storefront and the AI assistant Tom. The user means a business or consumer who orders and uses the service.

2. Formation of the contract

The contract is formed by user registration and account activation, or by ordering a paid plan. By registering, the user confirms they have read and agree to these terms.

The user must provide true and current information and protect their account credentials. The user is responsible for activity carried out under their account.

3. Description and scope of the service

Behio is an all-in-one e-commerce platform. It enables, in particular, eshop and catalogue operation, invoicing, inventory management, a B2B portal, a customer centre and control through an AI assistant.

• The specific feature scope depends on the chosen plan.
• Some features are under development or in beta and may change.
• The provider may continuously develop, adjust and improve the service.

4. Prices, plans, AI credits and payments

• Current prices and plan scope are listed at behio.com/pricing. Prices are in CZK; the provider is a VAT payer.
• Subscriptions are paid in advance for the chosen period and renew automatically until the user cancels.
• Paid plans include a monthly bundle of AI credits for the assistant Tom; more can be purchased in the app. Unused credits expire at the end of the period unless stated otherwise.
• Payments are processed via third-party gateways. We issue a tax document for paid payments.

The provider may change prices in the future; price changes will be announced in advance, and the user may disagree by ending the subscription as of the effective date of the change.

5. Term and termination

• The Free Builder and the 14-day trial can be used free of charge and without commitment.
• A paid subscription lasts for the chosen period and renews automatically. The user can cancel it any time in the app; cancellation takes effect at the end of the paid period.
• The provider may terminate the contract for a material breach of these terms by the user, in particular abuse of the service.
• After termination, the provider may delete the account and data after a reasonable period. The user must back up their data in time.

6. User rights and obligations

The user undertakes to use the service in accordance with the law and these terms. In particular, the user must not:

• infringe the rights of third parties or publish unlawful content,
• compromise the security, stability or operation of the service,
• circumvent technical limits, plan limits or place an excessive load on the infrastructure.

The user is responsible for the content and data they put into the service and for the processing of their end customers' personal data, for which they act as controller. In this relationship the provider is a processor under the Privacy Policy.

The provider may remove or disable access to content that is illegal or breaches these terms and, for repeated or serious breaches, restrict or close the account. A person makes the decision, we tell the user the reason, and the user can contest it as described in section 12.

7. Availability and support

The provider strives for high availability but does not guarantee uninterrupted and error-free operation. The service may be temporarily limited for maintenance, updates or for reasons beyond the provider's control.

We provide support to the extent corresponding to the chosen plan, primarily by e-mail and via behio.com/contact.

8. Intellectual property and user data

The Behio platform, its software, design and documentation are protected and remain the provider's. The user is granted a non-exclusive, non-transferable right to use the service for the term of the contract.

The user's data (products, orders, customers, eshop content) and their storefront code remain the user's. The provider processes them only for the purpose of providing the service.

9. Liability

The provider is liable for damage to the extent set by law. To the extent permitted by law, the provider is not liable for indirect damage, lost profit or loss of data, unless caused intentionally or by gross negligence.

Towards businesses, total compensation is capped at the amount paid by the user for the service in the last twelve months. This limitation does not apply to consumers to the extent the law does not allow it.

10. Consumers and withdrawal

If the user is a consumer, that is a person who does not use the service for their business, they have the right to withdraw from the contract without giving a reason within 14 days of the day it was concluded.

Starting the service before the period ends

• We start a paid service before the 14-day period ends only if you expressly ask us to when ordering.
• If you withdraw after the service has started, you pay only the proportionate part of the price for the period up to the day of withdrawal. We refund the rest.
• If, with your consent, the service has been provided in full before the period ends and you have acknowledged that you thereby lose the right of withdrawal, you can no longer withdraw. The same applies to digital content, such as purchased AI credits, once its supply has begun with your express consent and your acknowledgement that you thereby lose the right of withdrawal.

How to withdraw

• Online: in the admin, in the Subscription section, with the Withdraw from contract button. We confirm receipt by e-mail straight away.
• By e-mail: send a clear statement that you are withdrawing from the contract to [email protected], together with the e-mail address of your account.
• We refund the money within 14 days of the withdrawal, using the same payment method you used, unless we agree otherwise.

Withdrawal under this section concerns the contract with the provider for the Behio service. Purchases in shops run by merchants on the Behio platform are governed by that merchant's terms, and withdrawal is exercised with the merchant.

11. Complaints and out-of-court dispute resolution

Send a complaint to [email protected]. We handle it without undue delay.

If we cannot reach agreement, a consumer may submit the dispute for out-of-court resolution:

• a consumer from the Czech Republic to the Czech Trade Inspection Authority, www.coi.cz,
• a consumer from Slovakia to the Slovak Trade Inspection, www.soi.sk,
• a consumer from another EU Member State to the alternative dispute resolution body competent in the state where they live.

Out-of-court resolution does not prevent anyone from going to court.

12. Point of contact and notices of illegal content

Point of contact

The single point of contact for the authorities of EU Member States, the European Commission and the European Board for Digital Services (Art. 11 of Regulation (EU) 2022/2065, the DSA) and for users of the service (Art. 12 DSA) is the e-mail address [email protected]. We communicate in Czech, Slovak and English. Messages sent to this address are read and handled by a person.

Notices of illegal content

If you come across content on a website, shop, blog or other content hosted on Behio that you consider illegal, send us a notice at [email protected]. The notice should contain:

• an explanation of why you consider the content illegal,
• the exact address (URL) or other information that lets us find the content,
• your name and e-mail address, unless the notice concerns child sexual abuse material,
• a statement that you are submitting the notice in good faith and that the information in it is, to the best of your knowledge, accurate and complete.

We confirm receipt, assess the notice in a timely, diligent and objective manner and tell you the outcome, including the available means of redress. If we remove a user's content or restrict their account, we tell them the reason, and the user can object at the same address.

13. Personal data protection

The processing of personal data is governed by the Privacy Policy available at behio.com/privacy, which forms an integral part of the relationship between the provider and the user.

14. Changes to the terms

The provider may reasonably change these terms, in particular when features, prices or legislation change. The user will be informed of material changes in advance. By continuing to use the service after the effective date, the user agrees to the change; otherwise they may terminate the contract.

15. Governing law and disputes

The contract and these terms are governed by the law of the Czech Republic. Disputes will be resolved by the competent courts of the Czech Republic, unless mandatory rules provide otherwise (in particular for consumers).

If the user is a consumer habitually resident in an EU Member State, this choice of law does not deprive them of the protection afforded by the mandatory provisions of the law of the state of their habitual residence (Art. 6 of the Rome I Regulation). A consumer may sue the provider in the courts of the state where they are domiciled, and the provider may sue a consumer only in the courts of that state (Art. 18 of the Brussels I bis Regulation).

16. Final provisions

If any provision of these terms is invalid or ineffective, it does not affect the validity of the remaining provisions. The current wording of the terms is always available on this page.

For any questions, contact us at [email protected] or via behio.com/contact.