1. Introductory Provisions
1.1 These General Terms and Conditions (the “Terms”) govern the rights and obligations between the provider Capitanier s.r.o., Company ID (IČO) 30077435, registered office Budovcova 188/1, 130 00 Prague 3 – Žižkov, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 456912. The company is not registered for VAT. Contact: info@capitanier.com. (the “Provider”) and the customer in the provision of the Capitanier cloud service available at capitanier.com, including its modules (in particular De-Cluttering, De-Engineering / FluxPlan, AI Assistant, WFM, Budget Butler and TechSchema) (the “Service”).
1.2 These Terms constitute business terms and conditions within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code (občanský zákoník) (the “Civil Code”). If the Provider and the customer agree otherwise in writing (contract, offer, order), such agreement shall prevail over these Terms.
2. Customer and Conclusion of the Contract
2.1 The Service is intended exclusively for entrepreneurs and legal entities in the course of their business or other professional activity. The Service is not intended for consumers. By registering, the customer confirms that it is acting within the scope of its business activity, and the person performing the registration confirms that he or she is authorised to act on behalf of the customer.
2.2 The contract for the provision of the Service (the “Contract”) is concluded upon completion of registration and activation of the subscription in the Stripe payment form, or upon signature of a separate contract or confirmation of an order by the Provider.
2.3 The customer shall provide true and complete information (business name, registered office, Company ID, VAT ID where applicable, e-mail) and keep it up to date.
3. Trial Period
3.1 Upon the first activation of a subscription, the Provider may grant a free trial period of 7 days. The payment card is verified upon activation, nothing is charged during the trial period and the customer receives trial credits.
3.2 If the customer does not cancel the subscription before the end of the trial period, the subscription automatically converts into a paid subscription and the first payment is charged on the day the trial period ends. Before the end of the trial period, the Provider will send (via Stripe) a reminder by e-mail.
3.3 The trial period may be used only once per customer and per person registering the customer. The Provider may refuse or terminate the trial period if abuse is suspected.
4. Plans, Credits and Prices
4.1 The Service is provided on a monthly subscription basis according to the plan selected by the customer (Crew, Captain, Fleet). The scope of the plans, the limits on projects and team members and the monthly number of credits are set out in the current price list at capitanier.com.
4.2 Credits are consumed for individual actions in the Service (e.g. document classification, analysis of a scanned drawing, generation of documents) in accordance with the price list of actions displayed in the application; the customer can see the price of an action before starting it. If there are insufficient credits, the action will not be started.
4.3 Unused monthly credits do not expire during the term of the subscription. Upon termination of the Contract, unused credits (including purchased top-up credits) lapse without compensation. Credits are neither money nor electronic money and cannot be exchanged for money or transferred to another person.
4.4 Additional credits may be purchased at any time by a one-off payment (top-up) at the price stated in the price list.
4.5 The Provider is not registered for VAT; the prices stated are final. If the Provider becomes registered for VAT, VAT will be added to the prices from that moment in accordance with the applicable legislation; the Provider will notify the customer thereof in advance. The Provider will announce any change in plan prices at least 30 days in advance; the change will apply from the next billing period.
5. Payments and Invoicing
5.1 Payments are processed via the Stripe payment gateway. The subscription is charged monthly in advance by automatic debit from the customer’s payment method. Payment card data is processed exclusively by Stripe; the Provider has no access to it.
5.2 The customer receives an invoice for each payment electronically (by e-mail and in the customer portal). The customer agrees to the issuance of invoices in electronic form.
5.3 If a payment fails, Stripe will retry it. If the payment cannot be collected even after repeated attempts, the Provider may restrict the provision of the Service or cancel the subscription.
6. Change of Plan, Cancellation and Termination of the Contract
6.1 An upgrade to a higher plan takes effect immediately; the pro rata portion of the price for the remainder of the period is charged additionally (proration). A downgrade to a lower plan is possible at any time; the customer shall comply with the limits of the new plan.
6.2 The customer may cancel the subscription at any time in the customer portal. Cancellation takes effect at the end of the paid billing period; until then the customer retains full access. Payments for a period already paid are not refunded unless otherwise provided by law.
6.3 The Provider may terminate the Contract by giving 30 days’ notice. The Provider may terminate the Contract with immediate effect or suspend access if the customer materially breaches the Contract or these Terms, in particular if the customer is more than 14 days in arrears with a payment or misuses the Service (Article 7).
6.4 After termination of the Contract, the Provider will allow the customer to export its data for 30 days. Thereafter, the Provider will delete the customer’s data; data in backups will be deleted within the regular backup rotation cycle. This is without prejudice to data that the Provider is required to retain under applicable law (e.g. accounting records).
7. Rights and Obligations of the Customer
7.1 The customer is entitled to use the Service through its authorised users (team members) within the scope of the selected plan. The customer is liable for their conduct as for its own.
7.2 The customer shall protect its access credentials and shall notify the Provider without undue delay of any suspected misuse thereof.
7.3 The customer shall not, in particular: (a) circumvent technical restrictions, limits or the charging of credits; (b) reverse engineer the Service, unless permitted by law; (c) upload malicious code or content infringing the rights of third parties or legal regulations; (d) place an excessive load on the Service or use it to attack other systems; (e) make the Service available to third parties other than authorised users.
7.4 The customer is responsible for the content it uploads to the Service (documentation, drawings, data) and for being entitled to process such content for the purposes of the Service.
8. Artificial Intelligence Outputs
8.1 The Service uses artificial intelligence models. Outputs (e.g. asset registers, document classification, draft schematics of building automation and control (MaR) panels, PLC logic, budgets, assistant responses) are generated automatically and may contain errors, inaccuracies or incomplete data.
8.2 Outputs do not replace professional assessment. Before using the outputs, in particular in design documentation, during implementation, commissioning or in cost-related decision-making, the customer shall have the outputs checked by a professionally qualified or, where applicable, authorised person. The customer is responsible for the use of the outputs.
9. Intellectual Property and Customer Data
9.1 The Service, its software, libraries, templates and documentation are the intellectual property 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 its plan.
9.2 Data uploaded by the customer to the Service and outputs created for the customer belong to the customer. The Provider uses them solely to provide the Service, ensure its security and provide customer support. The Provider does not use customer content to train general-purpose artificial intelligence models.
9.3 The Provider may use anonymised and aggregated data on the operation of the Service (e.g. numbers of actions, system performance), from which neither the customer nor its content can be identified, to improve the Service.
10. Availability of the Service
10.1 The Provider uses reasonable efforts to ensure continuous availability of the Service. Unless a service level agreement (SLA) has been agreed in writing, the Provider does not guarantee availability.
10.2 The Provider may carry out maintenance and updates; where possible, it will announce planned downtime in advance. The Provider may change and develop the Service on an ongoing basis, provided that this does not materially impair its main functions.
11. Liability
11.1 The Provider is liable for damage caused by a breach of its obligations. The Provider’s total liability is limited to the amount paid by the customer for the Service in the 12 months preceding the occurrence of the damage.
11.2 The Provider is not liable for loss of profit, indirect and consequential damage, loss of data caused by the customer, or damage resulting from the use of outputs without the review required under Article 8.
11.3 The limitations under this Article do not apply to damage caused intentionally or through gross negligence, nor to harm to natural rights of a person.
12. Personal Data and Processing on Behalf of the Customer
12.1 Processing of personal data for which the Provider is the controller (accounts, invoicing, support, website) is described in the Privacy Policy.
12.2 If the data uploaded by the customer to the Service contain personal data (e.g. names and contact details in documentation, technicians’ data in WFM), the customer is the controller and the Provider is the processor within the meaning of Article 28 of Regulation (EU) 2016/679 (GDPR). This Article constitutes the data processing agreement:
- Subject matter and duration: processing for the term of the Contract and the export period under Clause 6.4.
- Nature and purpose: storage, analysis, classification and provision of access to the customer’s data within the Service, including processing by AI models.
- Categories of data and data subjects: contact and identification data of persons named in the customer’s documents, data of the customer’s users and staff.
- Instructions: the Provider processes the data only on the customer’s instructions, which consist of the Contract, these Terms and the settings and actions in the Service.
- Confidentiality and security: the Provider binds persons with access to confidentiality and implements appropriate technical and organisational measures (encryption in transit and at rest, segregation of individual customers’ data, access rights management, backups).
- Sub-processors: the customer grants general authorisation for the engagement of the sub-processors listed in the Privacy Policy; the Provider will give advance notice of any addition or replacement, and the customer may object or terminate the Contract.
- Assistance: the Provider assists the customer in handling data subject requests, in ensuring security and in impact assessments, and will notify any personal data breach without undue delay.
- Termination: upon completion of processing, the Provider will delete or return the data in accordance with Clause 6.4.
- Audit: the Provider will make available the information necessary to demonstrate compliance with its obligations and will allow a reasonable audit upon prior notice.
13. Confidentiality
13.1 Both parties shall maintain confidentiality regarding the confidential information of the other party of which they become aware in connection with the Contract, including after its termination. This obligation does not apply to information that is publicly known or whose disclosure is required by law.
14. Amendments to the Terms
14.1 The Provider may reasonably amend these Terms (e.g. in the event of changes to the Service, legislation or prices). The Provider will notify the customer of the amendment by e-mail or in the application at least 30 days before it takes effect. If the customer does not agree with the amendment, it may terminate the Contract as of the effective date of the amendment; otherwise the customer is deemed to have accepted the amendment.
15. Governing Law and Final Provisions
15.1 The Contract and these Terms are governed by the laws of the Czech Republic, in particular the Civil Code. Disputes shall be resolved by the courts of the Czech Republic having subject-matter jurisdiction; the court having local jurisdiction shall be the court competent for the Provider’s registered office.
15.2 The provisions of Sections 1799 and 1800 of the Civil Code on contracts concluded by adhesion shall not apply.
15.3 If any provision of these Terms is invalid or ineffective, the remaining provisions shall remain in force.
15.4 These Terms are effective from 3 November 2026. Previous versions are available upon request.
15.5 These Terms are published in several languages. In the event of any discrepancy between the language versions, the Slovak version shall prevail.