General terms and conditions of the Visitics service

These general terms and conditions (the "Terms") govern the rights and obligations of the parties in the provision of the Visitics service. The service is provided by Esentra, s.r.o., with its registered office at Levočská 7711/47, 080 01 Prešov, Slovakia, company ID (IČO): 47 183 721, tax ID (DIČ): 2023792012, VAT ID: SK2023792012, registered in the Commercial Register of the District Court Prešov, section Sro, insert No. 28128/P (the "Provider").

Contact details of the Provider: e-mail info@esentra.sk, telephone +421 948 479 339. The supervisory authority under Section 4(1) of Slovak Act No. 22/2004 Coll. on Electronic Commerce is Slovenská obchodná inšpekcia, Inšpektorát SOI pre Prešovský kraj, Prešov.

The service is intended for entrepreneurs and other legal entities. On registration the Customer declares that it orders the service in the course of its business or in the performance of the tasks of a legal entity. The contractual relationship is governed by Slovak Act No. 513/1991 Coll., the Commercial Code, as amended (the "Commercial Code"), in accordance with Section 262(1) of the Commercial Code even where it would not otherwise be a commercial relationship.

Should a consumer order the service notwithstanding point 1.3, the provisions of consumer protection law, in particular Slovak Act No. 40/1964 Coll., the Civil Code, and Act No. 108/2024 Coll. on Consumer Protection, take precedence over these Terms.

For the purposes of these Terms:

• service — the Visitics web service provided as software as a service (point 2.2) for measuring the traffic, visitor behaviour, conversions and speed of websites without cookies, including heatmaps, funnels, e-mail reports and the API and, in the plans or add-ons that include them, the AI chatbot and the AI Analyst,
• Customer — an entrepreneur or another legal entity that has concluded the contract with the Provider by setting up an organization,
• organization — the customer account in the service to which the websites, members, plan and billing details of the Customer belong,
• member — a natural person to whom the Customer has granted access to the organization in the role of owner, admin, analyst or viewer,
• website — a website or online shop that the Customer has added to the service for measurement,
• visitor — a natural person who visits a website of the Customer,
• plan — the scope of the service and its price under the price list (Nova, Pulse, Aura, Luna or the individually agreed Cosmos plan),
• add-on — a paid extension of a plan, in particular Stardust (more pageviews) for the Pulse, Aura and Luna plans and Moonlight (more AI conversations) for the Luna plan,
• AI chatbot (Assistant) — the feature of the service that answers visitors of a website on behalf of the Customer by means of an artificial intelligence model,
• AI Analyst — the feature of the service that answers members' questions about the statistics of the organization's websites,
• contract — the contract for the provision of the service concluded under Article 3, which comprises these Terms, the price list and the Data processing agreement.

The service is provided as software as a service (SaaS): the Provider operates the software of the service on infrastructure that it arranges, and the Customer and members use it remotely over the internet through a web browser or the API. The Customer does not install the software of the service; it only inserts the tracking script into its websites or installs a plug-in for the website platform (point 11.1). The Provider ensures the operation, maintenance and updates of the software, and the Customer always uses its current version. The service is a data processing service within the meaning of Article 2(8) of Regulation (EU) 2023/2854 of the European Parliament and of the Council (Data Act).

The contract is concluded electronically. The applicant completes the registration form (name, e-mail address, password and name of the organization), acquaints itself with these Terms and the Data processing agreement and expresses its consent to them. Before submitting the form the applicant may check and correct the details entered; after submission it may correct them in the settings of the account and the organization. The consent to receive news and offers by e-mail is voluntary, is not a condition of concluding the contract and may be withdrawn at any time.

The contract is concluded at the moment the organization is set up after the registration form has been submitted. The Provider sends a confirmation with a link for verifying the address to the e-mail address given without undue delay.

The contract is concluded in the Slovak language. Translations of the Terms into other languages are for information only; in the event of a discrepancy the Slovak version prevails. The text of the Terms is permanently accessible on the Provider's website and the version to which the Customer consented is stored in the service.

A natural person who accepts an invitation to an organization undertakes to comply with these Terms when using the service; the Customer remains the contracting party.

The Customer orders a paid plan or an add-on in the settings of the organization. The Provider confirms the order by e-mail together with a payment request without undue delay.

The Customer shall provide true and complete details and update them without undue delay.

The Customer determines to whom it grants access to the organization and in which role. It is liable for the conduct of its members as for its own conduct.

Sign-in details are confidential. The Customer and the members shall protect them against misuse; the Provider recommends switching on two-factor authentication and the owner of an organization may require it from all its members. The Customer shall notify the Provider of any suspected misuse of an account without undue delay.

The Provider may temporarily restrict access to an account or an organization, block an account or stop the measurement of an individual website where this is necessary to avert a threat to the security or availability of the service or to prevent its misuse (in particular where an account is suspected to have been stolen or an attack is carried out from a website). It informs the Customer of the restriction and its reason without undue delay unless this would defeat its purpose, and lifts the restriction without undue delay once its reason has ceased.

The Provider may further suspend access to the dashboards of the websites of an organization where a) the Customer is in default with paying the fee and does not pay it even within an additional period that the Provider sets in a request sent by e-mail and that may not be shorter than 7 days; clause 5.5 is not affected, b) the Customer has substantially breached the contract, in particular the obligations under Article 8 or clause 7.3, or c) the Customer asks for it. During the suspension the settings of the websites, including the export of data under Article 13, remain available to the owners and admins of the organization, the measurement continues and no data is erased; in a suspension under point b) the Provider may also stop the measurement. The Provider informs the owners and admins of the organization of the suspension and its reason by e-mail without undue delay and restores access without undue delay once the reason for the suspension has ceased.

Where the Customer loses access to the account of the owner of an organization (for example after an employee has left), it may ask the Provider to grant the owner role to another member of the organization. The Provider handles the request after verifying the requester's authority to act on behalf of the Customer (in particular by an extract from the commercial register or a confirmation of the statutory body). Where all current owners agree to the change, the Provider makes it without undue delay; otherwise it informs them of the request by e-mail and makes the change after 7 days unless one of them objects in the settings of the organization. The current owners keep their role.

A member may delete their account at any time in the account settings. A member who is the only owner of an organization that has other members must grant the owner role to another member before deleting the account. An organization of which the member is the only member is deleted together with the account without the period under clause 14.2; the service names it before the deletion of the account is confirmed. Deleting the account also ends the consent to receive news and offers.

The scope of the service (in particular the number of websites, pageviews, members, heatmaps and funnels, the length of the history and the AI features) and the prices are set by the price list in force at the time of the order. The Nova plan is free of charge.

A new organization has a free 14-day trial of the Aura plan. When it ends, the organization moves to the Nova plan automatically; nothing is charged and the data is kept to the extent set out in point 6.3.

Paid plans and add-ons are paid in advance for a monthly or yearly period by bank transfer to the Provider's account on the basis of a payment request (also with a PAY by square QR code) due within 14 days. The plan is activated when the payment, which the Provider matches by the variable symbol, has been credited to the Provider's account; the invoice is sent by e-mail. The price for a yearly period equals ten times the monthly price.

The Provider is not a VAT payer; it is registered for VAT under Section 7a of Slovak Act No. 222/2004 Coll. on Value Added Tax, as amended (VAT ID SK2023792012). The prices are final. A Customer established in another member state of the European Union that provides a valid VAT identification number is invoiced without VAT; the tax is payable by the Customer (reverse charge). The Provider verifies the validity of the identification number in the European Commission's VIES system.

The subscription is not charged automatically. At the latest 14 days before the end of the paid period the Provider sends a payment request for the next period. If it is not paid within 7 days after the end of the period, the organization moves to the Nova plan.

The Customer may cancel the subscription at any time in the settings of the organization; the plan remains in force until the end of the paid period. When the plan is changed during a period, the new plan takes effect on the day the payment is credited and the unused part of the previous period is credited as days of the new plan according to the price per day.

Add-ons are paid together with the plan for the same period and expire together with it. The AI chatbot Luna is part of the Luna and Cosmos plans and cannot be added to other plans.

A discount coupon may be applied only on the conditions stated when it was issued; it cannot be exchanged for money.

The pageview limit per calendar month is set by the plan and its add-ons and applies to all websites of the organization. Measurement does not stop when it is exceeded. When 80 % and 100 % of the limit is reached, the Provider notifies the owners of the organization. If an organization exceeds the limit in two consecutive whole calendar months, the Provider may restrict access to the dashboards of its websites until the Customer chooses a plan or an add-on with a sufficient limit; measurement, settings and data are preserved and access is restored without undue delay after that change.

The limits on the number of websites and members apply when new websites and members are added; existing data is not affected by them.

Daily summaries are kept for the history of the plan (Nova 1 month, Pulse 6 months, Aura 12 months, Luna 24 months, the Cosmos plan as agreed). Summaries older than the history of the current plan allows are deleted by the Provider after a further 30 days.

The AI chatbot answers the visitors of the Customer's websites on behalf of the Customer exclusively on the basis of the product feed, the pages of the website and the own answers the Customer chooses in the settings, and passes requests for contact to the Customer. The AI Analyst answers members' questions on the basis of the same calculations on which the reports of the service are based.

The Provider operates the artificial intelligence model on its own servers in the European Union. Conversations, questions and statistics are not passed to any external provider of artificial intelligence models and the Provider does not use them to train artificial intelligence models.

With regard to the AI chatbot, the Provider is the provider of an AI system and the Customer is the deployer within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council (the AI Act). The AI chatbot informs visitors that they are interacting with an AI system, and its answers are marked both visibly and in a machine-readable format as generated by artificial intelligence (Article 50(1) and (2) of the AI Act). The Customer shall not remove or conceal these markings, present the AI chatbot as a human, or use it for practices prohibited under Article 5 of the AI Act or for any purpose other than assisting visitors with its website, products and services.

The answers of the AI chatbot and the AI Analyst are generated automatically and may be inaccurate or incomplete. The AI chatbot shows prices, discounts and the availability of products exclusively from the Customer's feed. The Customer is responsible for the content of the feed, the pages of the website, its own answers and uploaded images, and shall check the settings of the AI chatbot and its answers in the conversation transcripts. An answer of the AI chatbot is neither an offer to conclude a contract nor its acceptance; the relationship between the Customer and a visitor is governed by the Customer's terms of sale.

The number of AI conversations per calendar month is set by the plan and its add-ons and applies to the whole organization. An AI conversation is a chat window with at least one answer generated by artificial intelligence; a conversation ends after 30 minutes without a message. When 80 % and 100 % of the quota is reached, the Provider notifies the owners of the organization. When the quota is used up, or while the artificial intelligence server is unavailable, the AI chatbot works in the basic mode without artificial intelligence (product search, the website's pages and answers, the contact form) until the end of the month or until more conversations are bought. The Provider never charges automatically for exceeding the quota.

To protect the capacity of the artificial intelligence server for all customers, the Provider may apply daily limits on the conversations of an organization and limits on the messages of a single visitor.

To measure the actual effect of the AI chatbot, a share of the visits set by the Customer in the range of 0 to 20 % does not see it (a control group).

Feedback (surveys) shows the Customer's questions to the visitors of its websites in the format, at the moments and to the share of visits the Customer chooses. The Customer is responsible for the content of the questions and must not use the surveys to collect special categories of personal data or to ask only satisfied customers for public reviews; a link to a review is shown to every respondent alike. The follow-up question of artificial intelligence, the AI topics and the AI drafts of replies are marked as created by artificial intelligence, and a reply to a visitor is always sent by a member. The number of answers per calendar month is set by the plan and applies to the whole organization; after the limit the surveys rest until the end of the month and the Provider charges nothing automatically.

The Customer shall in particular:

• measure only websites it operates or is authorised to measure,
• inform visitors about the measurement and the AI chatbot in its privacy notice (the service provides a template text in the settings of the website),
• assess whether the measurement on its website requires the visitor's consent under Section 109(8) of Slovak Act No. 452/2021 Coll. on Electronic Communications or under the law of the state in which it operates the website (in Germany in particular Section 25 TDDDG); for this purpose the service offers a consent mode and respects the Global Privacy Control signal by default,
• not send personal data (e.g. e-mail addresses, names, telephone numbers) or special categories of personal data under Article 9 of Regulation (EU) 2016/679 (the "GDPR") in the names or properties of events, and not attempt to identify individual visitors by means of the service,
• not interfere with the service in a way that would endanger its security, integrity or availability for other customers, and not circumvent its technical restrictions and limits,
• provide to the service (in particular to the feed, the knowledge of the AI chatbot and images) only content that complies with the law and for which it holds the necessary rights,
• before switching on the writing of SEO fixes by the Visitics plugin, back up the database and the files of its website, keep the backups and check every fix before approving it.

The Provider makes reasonable efforts to ensure the uninterrupted availability of the service but does not guarantee its operation without outages. It carries out planned maintenance preferably outside working hours and announces a planned outage longer than one hour in advance.

The Provider provides support by e-mail on working days in Slovak or English. Organizations with the Luna or Cosmos plan receive priority support. A level of availability with a contractual guarantee (SLA) can be agreed individually.

The Customer notifies the Provider of defects of the service by e-mail without undue delay after discovering them, with a description. The Provider remedies a defect within a reasonable period corresponding to its nature and severity.

The Provider's support looks into the dashboards of the Customer's websites only with the Customer's consent, which an owner or admin of the organization gives in the settings of the organization, stating the websites, the scope (read only or also with changes of the website settings), access to visitors' personal data (chat transcripts and contacts) and the duration (24 hours, 3 days or 7 days), and which may be withdrawn at any time, or without consent in an emergency under the conditions of clause 7.3 of the Data processing agreement. Support has no access to billing, members, API keys, the data export or the deletion of a website or the organization. Every access is recorded and the Customer sees its overview in the settings of the organization.

In the measurement of the Customer's websites and the operation of the AI chatbot on them, the Customer is the controller and the Provider the processor. Their relationship is governed by the Data processing agreement, which forms part of the contract and prevails over these Terms in matters of personal data protection.

The Provider processes the personal data of members and contact persons of the Customer as a controller; details are set out in the Privacy notice.

The service, its software, design and documentation are subject to the rights of the Provider or its licensors. For the term of the contract the Customer obtains a non-exclusive, non-transferable right to use the service within the scope of the plan. Plug-ins for website platforms are provided under the licence stated in their package.

The measured data, settings and content that the Customer provides to the service belong to the Customer. The Provider uses them exclusively to provide the service; this is without prejudice to evaluating the extent of use of the service (in particular the number of pageviews and AI conversations) for the purposes of the plan and its limits.

The Customer grants the Provider a free, non-exclusive licence to process the content of the feed, the pages of the website and uploaded images to the extent and for the period necessary to provide the service.

The parties are liable for damage under Section 373 et seq. of the Commercial Code. The Provider is not liable for damage caused by circumstances excluding liability under Section 374 of the Commercial Code, in particular outages of public networks and energy supplies beyond its control.

The service provides statistical information; the data is aggregated and, with measurement without cookies, naturally approximate. The Provider does not guarantee particular business results achieved by using it. The Provider is not liable for the content of the data the Customer provides to the AI chatbot nor for decisions the Customer makes on the basis of artificial intelligence answers without verifying them.

In accordance with Section 379 of the Commercial Code the parties declare that the total damage which can be foreseen at the time the contract is concluded as a possible consequence of a breach of the Provider's obligations does not exceed the amount the Customer paid to the Provider for the service in the 12 months preceding the breach, and in any event not less than EUR 100. This declaration does not apply to damage caused intentionally; the rights of data subjects under Article 82 GDPR remain unaffected.

SEO fixes (in particular titles, descriptions, canonical addresses, instructions for search engines, redirects, structured data and alternative texts of images) are written into the Customer's website by the Visitics plugin only after the Customer has approved them in its account and has confirmed the declaration on the backup and on taking over the risks in the plugin's settings; the Customer may undo every written change at any time. The Customer is responsible for checking the changes it approved and for their content and for backing up its website. By writing an approved change the Provider does not breach its obligations; to the extent permitted by law, the Provider is not liable for damage caused by approved changes or for a loss of data that a backup could have prevented. Clause 12.3 remains unaffected.

The Customer may at any time request to switch to another provider of data processing services or to its own infrastructure, or to have its exportable data erased (Articles 23 and 25 of Regulation (EU) 2023/2854 of the European Parliament and of the Council, the Data Act). It notifies the Provider of the request by e-mail. The Provider requires no notice period; the switching process starts on the day the request is received.

Upon receipt of the request a transitional period of 30 calendar days runs, during which the Provider gives the Customer and the provider designated by it reasonable assistance and maintains the continuity of the service and the level of security. Should this period be technically unfeasible, the Provider notifies the Customer within 14 working days of receipt of the request, stating the reasons, and sets an alternative period not exceeding seven months. The Customer may extend the transitional period once by a period it considers appropriate.

Exportable data are exclusively:

• the settings of the websites (content groups, goals, key steps, click rules, funnels and the settings of the AI chatbot),
• the daily summaries of all reports within the history of the plan,
• the raw records of visits and events still kept at the time of the export (at most 30 days) and the click positions for heatmaps (at most 90 days),
• the transcripts of AI chatbot conversations, requests for contact, own answers and the list of knowledge pages,
• the details of the organization (name, billing details, members and their roles).

The software and algorithms of the service, the artificial intelligence model, the Provider's internal operational data (in particular security logs) and other assets protected by the intellectual property rights or trade secrets of the Provider are not exportable data.

The Customer may download the exportable data at any time in the settings of the website as a ZIP archive with CSV (UTF-8) and JSON files in a structured, commonly used and machine-readable format; in the plans that include the API the summaries are also available through it. A description of the data structures and formats is published on the page Data export and portability.

After the end of the transitional period the Customer has at least 30 calendar days to retrieve the exportable data. After this period has expired and the switching process has been completed successfully, the Provider erases all exportable data. The contract is deemed terminated upon successful completion of the switching process or, where the Customer has requested only the erasure of its data, upon the erasure.

The Provider charges no fees for switching, export or erasure of data.

The contract is concluded for an indefinite period.

The Customer may terminate the contract at any time by deleting the organization in its settings. The deletion immediately stops the measurement of the organization's websites and access to their dashboards, and no further subscription period is charged. The organization with its websites and measured data is erased after 7 days; during this period the owners and admins may export the data under Article 13 in the website settings and an owner may withdraw the deletion in the settings of the organization. The contract ends when the organization is erased; the owners receive a confirmation of the erasure by e-mail. The fee for the remaining part of the paid period is not refunded unless the law provides otherwise.

The Provider may terminate the contract without giving reasons with a notice period of 30 days, which starts on the day the notice is delivered. The Provider refunds any fee paid for the period after the end of the contract.

The Provider may withdraw from the contract if the Customer has materially breached the contract, in particular the obligations under Article 8 or point 7.3, and has not remedied the breach even within a reasonable period set in a written notice; where the breach endangers the security of the service or the rights of third parties, the Provider may withdraw without an additional period.

Where the contract ends other than by the Customer deleting the organization, the Customer has 30 calendar days to export the data under Article 13; after this period the Provider erases the data. The data is removed from backup copies in their regular rotation, at the latest within 90 days. The Provider keeps invoices and accounting records for the period required by law. The Provider postpones the erasure of data under this Article only where and for as long as a law or a decision of a public authority requires the data to be kept.

Where no member of an organization on the Nova plan that has no paid period and no open payment request has signed in for 12 months, the Provider warns the owners of the organization by e-mail. Where no member signs in within 30 days of the warning either, the Provider terminates the contract under clause 14.3 and erases the organization after the notice period and the period for the export under clause 14.5 have passed; before the erasure it reminds the owners of its date. Where any member signs in or an owner withdraws the erasure in the settings of the organization before the erasure, the notice is deemed void and the contract continues. An account that is not a member of any organization and to which nobody has signed in for the same period is deleted by the Provider after a warning by e-mail unless somebody signs in to it within 30 days.

The Provider may change these Terms, the price list or the Data processing agreement owing to changes in the law, the service, security requirements or the conditions of providing the service. It notifies the owners of organizations of the change by e-mail and by a message in the service at least 30 days before it takes effect; a change in price applies at the earliest from the next paid period.

If the Customer does not agree with the change, it may terminate the contract before the day the change takes effect. If it does not do so, it is deemed to agree with the change.

A change exclusively in favour of the Customer, or a change required by law within a shorter period, may be made by the Provider with effect from the day of its publication.

The parties communicate electronically, in particular by e-mail and messages in the service. Notices of the Provider are delivered to the e-mail addresses of the owners of the organization. An e-mail is deemed delivered on the working day following the day it was sent, unless earlier delivery is proven.

The contract and the legal relationships arising from it are governed by the law of the Slovak Republic. Disputes are decided by the courts of the Slovak Republic having subject-matter and territorial jurisdiction; where the Customer is an entrepreneur established in another member state of the European Union, the parties have agreed on the jurisdiction of the courts of the Slovak Republic in accordance with Article 25 of Regulation (EU) No 1215/2012.

Should any provision of the Terms be invalid or ineffective, the validity and effectiveness of the other provisions remain unaffected; the parties shall replace it with a provision that comes closest to its purpose.

The Customer may not assign the rights and obligations under the contract to a third party without the Provider's prior consent.

This version of the Terms takes effect on the day of its publication.