1. Introduction
1.1 These Terms of Service govern the rights and obligations between Exyno s.r.o., with its registered office at 900 54 Jablonové 479, Company ID: 57626154 (hereinafter the “Provider”) and the customer (hereinafter the “Client”).
1.2 The Service is provided as a digital service (SaaS) through a recurring subscription model.
1.3 By placing an order, the Client confirms that:
- they have read these Terms,
- they agree to them,
- they acknowledge that this is an automatically renewing subscription (this does not apply to the free Pilot package under clause 4.6),
- they have read the Data Processing Agreement (DPA) under Article 12,
- they are authorized to order the Service on behalf of the Client and to bind the Client to these Terms.
1.4 The contract between the Provider and the Client is formed when the Provider confirms the order. The confirmation states the package, price, period and the version of these Terms and of the DPA that apply to the contract, with a link to their text.
2. Definitions
- Client: a legal entity using the Service for its employees or collaborators
- User: a natural person granted access to the Service by the Client
- Service: the Exyno digital platform
- DPA: the Data Processing Agreement, which forms part of these Terms
3. Description of the Service
3.1 Exyno is a platform focused on corporate wellness, organizing challenges, and tracking team activity.
3.2 The Service is provided in packages according to the current pricing, which define:
- number of users,
- number of active challenges,
- available features.
3.3 The term “unlimited challenges” means that the Client may create challenges without a fixed numerical limit; however, their use is subject to fair use policy. The Provider reserves the right to intervene in cases of excessive or abusive usage of the Service.
4. Subscription and Billing
4.1 The Service is provided as a subscription with monthly or annual billing, as chosen by the Client.
4.2 The subscription automatically renews for another period of the same length (a month or a year, respectively) unless canceled.
4.3 The billing period begins on the date the Service is activated.
4.4 Start of Service Usage
The prepaid subscription period begins on the earlier of:
- activation of the first challenge by the Client, or
- the expiration of 14 days from the date of payment.
4.5 Until the subscription period begins, the Client may choose not to activate the Service.
4.6 Pilot Package Trial Period
The Pilot package may be used free of charge for a one-month trial period only once per company or business entity. The Provider is entitled to verify compliance with this condition, in particular based on the company registration number (Company ID), the email domain, or other identifying information of the User or the company. If repeated use of the Pilot package by the same entity is detected, the Provider reserves the right to refuse activation of the Pilot package or to terminate its provision. After the trial period ends, the Pilot package is discontinued; it does not automatically convert into a paid package and the Client has no payment obligation unless they order a paid package. These Terms and the DPA apply to the Pilot package as well.
4.7 Annual Billing
a) With annual billing, the Client pays the price for 12 months in advance.
b) The price with annual billing is reduced by the annual discount stated in the current pricing.
c) A change from monthly to annual billing, or vice versa, takes effect from the start of the next billing period.
5. Pricing and Payments
5.1 Prices are determined according to the current pricing or an individual offer.
5.2 Payment can be made:
- by payment card (automatic recurring payment),
- by bank transfer based on an issued invoice.
5.3 In the case of card payments:
- the amount is automatically charged at each renewal,
- the Service is activated after successful payment.
5.4 In the case of invoicing:
- the standard payment term is 14 days,
- in case of late payment, the Service may be restricted or suspended.
5.5 Introductory Discount
a) The Provider may offer an introductory discount on the prices of paid packages for a limited period. The amount of the discount is stated in the pricing on the Provider’s website at the time of the order. The Provider may end the introductory discount offer at any time. Ending the offer does not affect Clients who have already become entitled to the discount.
b) A Client becomes entitled to the introductory discount by submitting an order for a paid package while the offer is running.
c) The discount applies for as long as the Client uses the subscription without interruption, including when the number of users changes, when the Client upgrades to a higher package (the discount then applies to the price of the new package), and when the Client switches from monthly to annual billing or vice versa. With annual billing, the annual discount is applied to the price already reduced by the introductory discount.
d) The entitlement to the discount ends if:
- the subscription ends through cancellation under Article 6 and the Client does not immediately continue with a further period,
- the Provider deactivates the Service due to late payment under Article 9, or
- the Client downgrades to a lower package.
e) An entitlement that has ended is not restored by reactivating the subscription or by returning to the original package. The price applicable is the one in the pricing at the time of renewal, including any discount that may be running at that time.
6. Subscription Cancellation
6.1 The Client may cancel the subscription at any time:
- via the user interface, or
- by email to the Provider’s contact address.
6.2 Cancellation takes effect at the end of the current billing period.
6.3 After cancellation:
- no further billing will occur,
- access remains active until the end of the paid period.
7. Refunds
7.1 The Client is entitled to a refund only until the start of the subscription period as defined in section 4.4.
7.2 After the subscription period begins, in particular upon activation of a challenge or after 14 days from the date of payment, the right to a refund expires.
8. Challenges and Service Availability
8.1 Challenges are independent of billing periods.
8.2 In case of subscription termination, challenges may be paused or stopped.
9. Late Payment
9.1 In case of non-payment:
- the Client will be notified,
- the Service may be restricted,
- and subsequently deactivated.
10. Use of the Service (Fair Play)
10.1 Users are required to use the Service fairly.
10.2 The Provider reserves the right to restrict or terminate access for any User in case of:
- data manipulation,
- system abuse,
- violation of challenge rules.
11. Health Disclaimer
11.1 Users participate in physical activities at their own risk.
11.2 The Provider is not liable for any injuries or health issues arising in connection with the use of the Service.
11.3 Users are advised to consult their physician before engaging in physical activities.
12. Data Protection
12.1 When processing the personal data of users in the Service, the Client is the controller and the Provider is the processor. This processing is governed by the Data Processing Agreement (DPA), which forms part of these Terms. The version of the DPA stated in the order confirmation applies to the Client.
12.2 The Client is responsible for the legal basis of the processing, for informing users and for the voluntary nature of their participation, as set out in the DPA.
12.3 When processing personal data for its own purposes (for example, operating the exyno.eu website), the Provider is the controller and is governed by the Privacy Policy.
13. Termination and Data
13.1 After termination of the Service (including the end of the Pilot package), Client data will be available for export and retained for a maximum of 30 days, unless a longer retention period is required by law. Details are set out in the DPA.
13.2 After this period, the data will be permanently deleted.
14. Notifications
14.1 The Provider sends the Client:
- purchase confirmation,
- cancellation confirmation,
- failed payment notifications.
15. Liability
15.1 The Provider is not liable for:
- outages caused by third parties,
- improper use of the Service.
16. Final Provisions
16.1 The Provider reserves the right to amend these Terms. An amendment does not apply to an existing order: the Client is bound by the version stated in the order confirmation. The new version applies upon renewal of the subscription or after notice to the Client at least 30 days in advance, with the right to stop using the Service as of the date of the change.
16.2 Legal relations are governed by the laws of the Slovak Republic.
16.3 These Terms become effective upon publication.
16.4 In matters of personal data protection, the DPA prevails.
16.5 The Slovak version of these Terms is binding; translations are for information only.