The Czech version is binding. This English translation is provided for information only; in case of any discrepancy the Czech version prevails.
1. Introductory Provisions and the Provider
1.1 These general terms and conditions (the "Terms") govern the rights and obligations relating to the provision and use of the cloud service JOBSON (the "Service") between:
BePositive Group s.r.o., Company ID (IČO) 05232317, VAT ID (DIČ) CZ05232317, with its registered office at Jičínská 1786/49, Žižkov, 130 00 Prague 3, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 260372, e-mail: info@jobson.cloud, tel.: +420 771 259 562 (the "Provider"),
and
a legal entity or a natural person acting as an entrepreneur which has registered for the Service and on whose behalf consent to these Terms has been given (the "Customer").
1.2 The following form an integral part of the agreement between the Provider and the Customer: a) these Terms; b) the Data Processing Agreement (the "DPA") published at https://jobson.cloud/en/dpa; c) the List of Subcontractors (Sub-processors) published at https://jobson.cloud/en/dpa#subprocessors; d) the current Price List published at https://jobson.cloud/en/pricing and in the Application; (together the "Agreement").
1.3 In the event of any conflict, the following prevail: (i) the DPA in matters of personal data processing, (ii) terms individually agreed in writing, (iii) the Terms, (iv) the Price List in matters of the amount of the price.
1.4 The Service is intended exclusively for businesses (entrepreneurs), in particular staffing agencies and other entities that act as employment intermediaries, temporarily assign employees or manage workers. The Service is not intended for consumers (see Article 26).
2. Definitions
For the purposes of the Agreement, the terms below have the following meaning:
- Application – the web application of the Service available at https://my.jobson.cloud, including its subdomains.
- Active User – a User who logged in to the Application at least once in the given calendar month. Accounts that have been created but were not logged into in the given month are not counted.
- AI Features – features of the Service that use artificial intelligence models (in particular the AI assistant, data extraction from timesheets and documents, data extraction from CVs, import mapping suggestions, suggestions for job advertisements and translations, AI recommendations in matching, the AI recruiter, the post-start check-in, transcription of dictated notes, and generation of landing pages), to the extent they are available in the Application.
- AI Credits – units of account used to pay for the use of AI Features according to the price list of operations displayed in the Application.
- API – the programming interface of the Service, accessible by means of the Customer's API key.
- Customer Data – all data, documents and content that the Customer or its Users have entered, uploaded or imported into the Service or that have been created in the Service through their activity, including personal data of workers, applicants and contact persons of the Customer.
- Add-ons – paid extensions of the Service beyond the basic Subscription, in particular the Power plans (MCP Server), AI Credit packs and SMS credit.
- MCP Server – an interface of the Service based on the open Model Context Protocol, which makes it possible to connect the Service to an AI tool chosen by the Customer.
- Subscription – the recurring monthly fee for the Service based on the number of Active Users and the selected plan.
- Registration – the online process of creating the Customer's account in the Application.
- Trial – the free trial period under Article 4.
- User – a natural person to whom the Customer has granted access to the Application (an employee, collaborator or other person acting on behalf of the Customer). The User who completed the Registration becomes the administrator of the Customer's account.
- Business Day – a day that is not a Saturday, a Sunday or a public holiday in the Czech Republic.
3. Conclusion of the Agreement (Online Registration)
3.1 The Agreement is concluded electronically by means of Registration. During Registration, the person acting on behalf of the Customer selects the country of the Customer's registered office, enters the Customer's identification number, the Customer's name (where applicable, taken over from a public register) and his or her e-mail address, and expresses consent to the Terms, the DPA and the List of Subcontractors by actively ticking a checkbox that is not pre-ticked.
3.2 The Agreement is concluded at the moment the e-mail address is confirmed by clicking the confirmation link which the Provider sends to the address entered, and the Registration is completed (by setting a password). The link is valid for 24 hours.
3.3 The person completing the Registration represents and is responsible for ensuring that he or she is authorised to act on behalf of the Customer and to conclude the Agreement in its name, and that the information about the Customer is true. The Provider is entitled to check such authority and, in case of doubt, to refuse the Registration or suspend the account.
3.4 The Provider keeps evidence of the conclusion of the Agreement, in particular the version of the documents consented to, the date and time of consent, the IP address and the identification of the person who gave consent. The current version of the Terms and the DPA is published on the website; the Provider will send the Customer, on request, the version in force on the date the Agreement was concluded.
3.5 The Agreement is concluded in the Czech language. Translations of the Terms into other languages are provided for information; in the event of any discrepancy, the Czech version prevails.
3.6 The Provider is entitled to refuse a Registration without giving reasons, in particular if the Customer is insolvent, if it is apparent that the Customer is not a business, or if the Customer is an entity included on EU sanctions lists.
3.7 Each Registration for the Service always establishes a separate account of the Customer. One Customer may have more than one account only with the Provider's prior consent.
4. Trial Period
4.1 A Customer registering for the first time is entitled to a free trial period of 30 days. No payment card is required to start the Trial.
4.2 The Trial is counted from the first real action in the Application (e.g. creating a person, a placement or a document, or performing an import), not from Registration.
4.3 During the Trial, the Customer may use all available features of the Service, including the Power plan. The Trial includes a one-off allocation of 1,000 AI Credits with a daily usage limit of 100 AI Credits. Unused Trial credits are not carried over into the paid period. AI Credits in excess of this allocation may be purchased for a fee, including during the Trial.
4.4 If the Customer does not order a paid Subscription by the end of the Trial, the Service switches to read-only mode: new entries are blocked, while Customer Data remain readable and exportable. If no paid Subscription is ordered within 90 days of the end of the Trial, the Provider is entitled to terminate the Agreement and delete the Customer Data in accordance with the procedure under Article 24; the Provider will notify the Customer of the impending deletion in advance by e-mail.
4.5 The Trial is provided "as is". The Provider's liability in respect of the Trial is limited in accordance with Article 21.6.
4.6 The Provider is entitled to provide the Trial to each Customer only once and to refuse a repeated Trial for the same entity, including under a different account.
5. Scope of the Service and Its Development
5.1 For the term of the Agreement, the Provider grants the Customer a non-exclusive, non-transferable and time-limited right to use the Service via the internet within the scope of the features currently available in the Application and in accordance with the Agreement (the software as a service – SaaS model). The Customer does not acquire any copy of the software or any right to install it.
5.2 The binding scope of the Service consists of the features currently available in the Application. Features marked "Coming soon", "beta" or "preview" do not form part of the binding scope of the Service; the Provider may change, restrict or discontinue them.
5.3 The Provider is entitled to continuously develop, change and update the Service, including the user interface, technologies and subcontractors. Without the Customer's consent, the Provider may not materially restrict the features that constitute the main purpose of the Subscription (records of persons, employment relationships and assignments, attendance, recruitment, data export). Should such a restriction occur, the Provider will announce it at least 30 days in advance, and the Customer has the right to terminate the Agreement as of the date on which the change takes effect and to request a refund of the pro rata part of the prepaid price.
5.4 The Service is a tool for the Customer's work. The Service does not provide legal, tax, payroll or HR advice. Calculations (e.g. gross pay, working time fund, public holidays), document templates, checklists and deadline reminders serve as an aid; the Customer is responsible for their correctness in a specific case and for compliance with statutory obligations. In legal terms, the Service is prepared in the greatest detail for the Czech Republic; for Slovakia, Poland, Germany and Austria it contains localisation of language, currency, public holidays and agency and person data, not full coverage of local employment, payroll and tax regulations.
5.5 Where the Service offers the filing of reports with public authorities (e.g. Ubyport), it files them on the instructions and on behalf of the Customer; the Customer is responsible for the content and timeliness of the reports.
6. Price, Plans and Add-ons
6.1 The price of the Service is governed by the Price List in force at the moment the entitlement to payment arises. The Price List is published on the website and in the Application. The tax treatment of the price is governed by Article 7.8.
6.2 The Subscription is determined by the number of Active Users in the calendar month and according to the bands set out in the Price List. The number of recorded workers, applicants, persons in the records, sites, documents or worker accommodation facilities does not affect the Subscription price. All features of the Service are available in all plans, unless expressly stated otherwise in the Price List.
6.3 Add-ons: a) Power plan (and its multiples) – a surcharge on the Subscription which gives access to the MCP Server with a monthly quota of programmatic calls and an increased monthly allocation of AI Credits according to the Price List; b) AI Credits – the monthly allocation included in the Subscription (not carried over to the following month and used first) and prepaid AI Credit packs; c) SMS credit – prepaid monetary credit drawn down according to the SMS price for the respective destination, where sending SMS is available in the Service; d) on-demand services (e.g. setting up a timesheet reading template, training) – provided only on the basis of the Customer's order at a price which the Provider communicates in advance.
6.4 AI Credits – rules: a) the price of an AI operation in credits is stated in the price list of operations in the Application; b) automatic features that the User did not expressly request (e.g. deadline watchers) are not charged; an operation that ends with a technical error on the part of the Service is not charged; repeated extraction of the same document is not charged; c) prepaid AI Credit packs are valid for 24 months from purchase; after this period, unused credits expire; d) upon termination of the Agreement, the Provider will refund to the Customer in money the value of unused and unexpired purchased AI Credits (pro rata to the price of the pack); monthly allocations and Trial credits are not refunded; e) when AI Credits are exhausted, AI Features stop while the other features of the Service continue to run; the Service does not allow a negative balance or automatic top-up; f) the Provider is entitled to change the price list of operations in credits in accordance with the procedure under Article 8; the change does not affect the number of credits already purchased.
6.5 MCP quota: successful tool calls and calls rejected for substantive reasons count towards the quota; technical protocol calls (e.g. initialize, ping, tools/list) and actions performed in the user interface do not count. Once the quota is exhausted, further calls are rejected until the end of the month or until the plan is upgraded. The availability of the REST API in individual plans and whether its calls count towards quotas are set out in the Price List or the API documentation.
6.6 Individual discounts or benefits apply only if confirmed by the Provider in writing or displayed in the Application, and to the extent and for the period stated there.
7. Invoicing, Payments and VAT
7.1 The billing period is a calendar month. The Subscription is paid in advance.
7.2 The Provider issues an invoice as of the first day of the calendar month in an amount corresponding to the number of Active Users in the previous month and the selected plan. If the actual number of Active Users in the previous month was higher than invoiced, the Provider will charge the difference on this invoice. A lower actual number is not refunded retrospectively.
7.3 The first billing period after the end of the Trial or after ordering the Subscription is charged pro rata according to the number of days remaining in the month (including the day of activation).
7.4 Change of plan: an upgrade of the plan or addition of an Add-on takes effect immediately and the pro rata difference is charged on the next invoice. A downgrade of the plan takes effect from the following billing period; amounts already paid are not refunded.
7.5 Currency: Customers with their registered office in the Czech Republic are invoiced in CZK and all other Customers in EUR, unless the Provider allows another currency in the Application. Prices in EUR are set by a separate Price List, not by ongoing conversion at the exchange rate.
7.6 Invoices are due within 14 days of issue. Invoices are delivered electronically to the Customer's billing e-mail and are available in the Application; the Customer agrees to the electronic form of invoices.
7.7 Methods of payment: a) by payment card through the payment service provider Stripe – the Customer may save a card for recurring payments; by doing so, the Customer consents to the Provider collecting amounts due through Stripe, including repeatedly in the event of an unsuccessful payment attempt. Card data are processed exclusively by Stripe; the Provider has no access to the full card number; b) by bank transfer (including QR payment) to the account stated on the invoice, quoting the variable symbol.
7.8 VAT: a) The Provider is not a VAT payer; it is registered in the Czech Republic as an identified person (Section 6h of Act No. 235/2004 Coll., on Value Added Tax). b) The Provider does not charge VAT to Customers with their registered office in the Czech Republic; the price stated in the Price List is the final price. c) Customers from EU Member States other than the Czech Republic that are taxable persons and have a valid VAT ID verified in the VIES system are invoiced without VAT under the reverse charge mechanism, and the tax is declared by the Customer in its own country. An EU Customer that has a VAT ID is obliged to enter it before the first payment and to inform the Provider of any change to it. d) Customers from EU Member States other than the Czech Republic that do not have a VAT ID are not charged VAT by the Provider, because the Provider is not a VAT payer; the price stated in the Price List is the final price. e) For Customers outside the EU, tax is governed by the place-of-supply rules; Czech VAT is not charged. f) If the Provider becomes a VAT payer, it will add VAT at the statutory rate from the day on which this obligation arises, where VAT applies to the supply. The Provider will notify the affected Customers without undue delay, in advance where possible; a Customer whose final price increases as a result is entitled to terminate the Agreement with effect from the end of the billing period in which it received the notification.
7.9 Customer's default: a) in the event of a delay in payment exceeding 7 days, the Provider is entitled to switch the account to restricted mode (in particular to block new entries and AI Features); b) in the event of a delay exceeding 30 days, the Provider is entitled to block the account; export of Customer Data remains available; c) the Provider is entitled to claim default interest at the statutory rate; d) the Provider will notify the Customer of the restriction or blocking in advance by e-mail. Suspension under this Article does not give rise to any entitlement of the Customer to a discount or compensation for damage.
7.10 During the term of the Agreement, the Provider does not delete Customer Data on the grounds of default. The procedure after termination of the Agreement is governed by Article 24.
8. Price Changes
8.1 The Provider is entitled to change the Price List (including the price list of operations in AI Credits and the prices of Add-ons). The Provider will notify the Customer of a price change at least 30 days in advance by e-mail to the account administrator's address and in the Application.
8.2 A price change takes effect from the first billing period following the expiry of the notice period. If the Customer does not agree with a price increase, it is entitled to terminate the Agreement with effect from the day before the change takes effect, by notice in the Application or by e-mail; by continuing to use the Service after the change takes effect, the Customer agrees to the change.
8.3 The Provider reviews the EUR Price List as a rule once a year, and exceptionally if the CZK/EUR exchange rate moves by more than 8%; such a change is also subject to Articles 8.1 and 8.2.
8.4 The Provider may reduce prices even without a notice period.
8.5 Prepaid AI Credit packs and SMS credit are not affected by a price change as regards the quantity already purchased.
9. Service Availability and Maintenance
9.1 The Provider will use reasonable efforts to make the Service available continuously. The Provider does not guarantee uninterrupted or error-free availability of the Service; availability is an obligation of effort, not of result, and any restriction of it does not give rise to an entitlement to a contractual penalty or a discount.
9.2 The Provider performs planned maintenance preferably outside working hours and announces longer planned outages in the Application or by e-mail reasonably in advance. Urgent security interventions may be carried out without prior notice.
9.3 The Provider regularly backs up Customer Data. Backups serve to restore the Service after a failure, not to restore individual records at the Customer's request; the Provider may, however, accommodate such requests as an on-demand service under Article 6.3 d).
9.4 The Provider is not liable for unavailability caused in particular by: force majeure; failure of internet connectivity or equipment on the Customer's side; third-party services which the Provider does not control (e.g. public registers, communication channels, third-party AI models); attacks which could not be prevented by reasonable measures; conduct of the Customer in breach of the Agreement; suspension under Article 22.
10. Support
10.1 The Provider provides technical support for the Service in Czech, Slovak and English by e-mail at info@jobson.cloud, on Business Days from 9:00 to 17:00 CET/CEST.
10.2 The Provider endeavours to respond to requests as a rule within 1 Business Day. This time is indicative and is not a guarantee of resolution.
10.3 Support includes assistance with the use of the Service and the remedying of defects of the Service. It does not include consultations on legal, payroll or HR matters, processing of Customer data on the Customer's behalf, or customisation of the Service; these may be agreed as an on-demand service (Article 6.3 d).
10.4 For support purposes, the Provider may access the Customer's account to the extent necessary at the Customer's express request or with the Customer's consent. Without such an instruction, the Provider accesses Customer Data only in the cases stated in the DPA.
11. User Accounts and Access Security
11.1 The Customer, through the account administrator, creates and removes Users, assigns them roles and permissions, and is responsible for ensuring that only authorised persons have access and only to the extent necessary (principle of least privilege).
11.2 Login credentials, API keys and MCP tokens are confidential. The Customer is responsible for the conduct of the persons who use them and for the security of its devices. Sharing one user account among several persons is prohibited.
11.3 The Customer is obliged to deactivate without delay the account of a User who is no longer authorised to use the Service (e.g. after the end of employment), to revoke compromised login credentials and keys, and to notify the Provider of any suspected unauthorised access at info@jobson.cloud.
11.4 The Customer and Users are obliged to use strong and unique passwords and not to disclose them to third parties.
12. Obligations of the Customer
12.1 The Customer undertakes: a) to use the Service in accordance with the Agreement and legal regulations, in particular regulations on personal data protection, employment law, regulations on employment, on the residence and employment of foreign nationals, and on taxes and insurance contributions; b) to hold, throughout the use of the Service, the authorisations required for its activity, in particular a licence to act as an employment intermediary or to temporarily assign employees under the law of the country in which it operates, where its activity requires them; the Provider is not obliged to check these authorisations and their absence does not release the Customer from its obligations under the Agreement; c) to enter into the Service only data for the processing of which it has a valid legal basis, and to fulfil towards data subjects (workers, applicants, contact persons) the information obligation under Articles 13 and 14 GDPR, including information on the use of AI Features and on the processor; d) to process special categories of personal data (e.g. data concerning health, sick leave, medical fitness), birth numbers (personal identification numbers), data from identity documents and residence or work permits, and where applicable data relating to criminal offences only to the extent expressly permitted by legal regulations and only in the fields and modules intended for that purpose; e) to assess whether its processing in the Service requires a data protection impact assessment (DPIA, Article 35 GDPR) and, where applicable, to carry it out; the Provider will provide assistance in accordance with the DPA; f) to check the outputs of AI Features, calculations and automatic suggestions before using them (Article 14); g) to keep its own copies of data which it is obliged to archive under legal regulations (e.g. payroll sheets, working time records, signed documents), including after termination of the Agreement; the Service is not an archive within the meaning of archiving regulations; h) to provide the Provider with true and up-to-date billing and contact details.
12.2 The Customer is responsible for the content of Customer Data and for ensuring that entering them into the Service does not infringe the rights of third parties. The Customer will indemnify the Provider against claims of third parties and sanctions of public authorities asserted against the Provider as a result of a breach of the Customer's obligations under this Article.
13. Acceptable Use Rules
13.1 In particular, neither the Customer nor Users may: a) use the Service for unlawful activity, including illegal employment, human trafficking, forced labour, discrimination against applicants or employees, or for sending unsolicited commercial communications (spam); b) upload malicious code, attempt to circumvent security, the separation of other customers' data, or the limits or quotas of the Service, or perform vulnerability or load testing without the Provider's prior written consent (we welcome responsible disclosure of vulnerabilities at info@jobson.cloud); c) reverse engineer, decompile or perform automated downloading (scraping) of the Service outside the documented API and MCP; d) make the Service available to third parties outside its organisation (renting, reselling, operating the service for other agencies) without the Provider's written consent; e) use the Service to develop a competing service; f) use AI Features for practices prohibited by Regulation (EU) 2024/1689 (the AI Act), in particular emotion recognition in the workplace, biometric categorisation based on sensitive characteristics, social scoring or manipulative techniques, or to create content that is unlawful, discriminatory or misleading; g) enter special categories of personal data, or data exceeding what is necessary for the purpose, into fields not intended for them.
13.2 A breach of Article 13.1 constitutes a material breach of the Agreement.
14. Artificial Intelligence (AI) Features
14.1 The "AI suggests, a human decides" principle. The AI Features of the Service provide suggestions (e.g. data extracted from a timesheet, a structured profile from a CV, a suggested entry, candidate recommendations, the result of a first-round interview). The Service is designed so that AI does not write into Customer Data without confirmation by a User, and the AI recruiter does not move applicants to the final stage of selection and does not make decisions about applicants or employees. The final decision and responsibility for it always rest with the Customer.
14.2 Limited accuracy. AI outputs may be incomplete, inaccurate or erroneous (e.g. data mixed up between persons, hours misread, incorrect translation). The control mechanisms of the Service reduce errors but do not exclude them. The Customer is obliged to check outputs before confirming them to an extent corresponding to their significance, in particular for data that feed into payroll, employment documents or reports to authorities. The Provider is not liable for damage caused by the Customer confirming or using an AI output without reasonable checking.
14.3 Automated decision-making. The Service is not intended for decision-making based solely on automated processing which produces legal effects concerning the data subject or similarly significantly affects him or her (Article 22 GDPR). If the Customer uses the Service in this way, it does so at its own responsibility and is obliged to ensure compliance with Article 22 GDPR.
14.4 Transparency and the AI Act. a) The AI recruiter and the post-start check-in identify themselves as an artificial intelligence system to the persons with whom they communicate and, on request, hand the communication over to a human. b) AI-generated content (e.g. job advertisements, landing pages, translations) which the Customer publishes is published by the Customer under its own responsibility, including any labelling of AI-generated content where required by legal regulations. c) The Customer, as a deployer under the AI Act, is responsible for fulfilling the obligations imposed on it by the AI Act, in particular for informing its employees and applicants about the use of AI systems, for ensuring human oversight of AI outputs and for sufficient AI literacy of its Users (Article 4 of the AI Act). d) AI recommendations and assessments in recruitment (e.g. CV extraction, candidate recommendations, the result of an AI interview) are supporting material for the User's decision. The Customer may not make a decision about an applicant on their basis without human assessment.
14.5 Data processing in AI Features. AI Features use the large language models Google Gemini via Google Cloud Vertex AI in the EU region (europe-west3, Frankfurt am Main) through the Provider's own gateway. The processing is governed by a data processing agreement between the Provider and Google. Customer Data are not used to train AI models of the Provider or of third parties; Google Cloud Vertex AI does not use customer data to train its models. Details are set out in the DPA and the List of Subcontractors.
14.6 The Provider is entitled to change the AI models used and their providers, provided that this does not materially reduce the level of data protection; a change of subcontractor is subject to the procedure under the DPA.
14.7 AI Features are provided to the extent of the available AI Credits. An outage of a third-party AI model is not a defect of the Service as long as the other features of the Service are running.
14.8 AI Features are an integral part of the Service; the Customer cannot switch them off in the Service. Whether and how AI outputs are used is always decided by the User (Art. 14.1).
15. API, MCP Server and Fair Use
15.1 The Customer may access the Service via the API using API keys and via the MCP Server using MCP tokens, which it issues and manages in the Application. The API documentation is available in the Application after logging in. The MCP Server is available in the Power plan.
15.2 An MCP token is bound to a specific User and may have at most that User's permissions; it has limited validity and allows writing only if expressly permitted to do so. The Customer is responsible for all operations performed using its keys and tokens.
15.3 Third-party AI tools. If the Customer connects the Service via MCP or the API to an AI tool or another service of its own choice (e.g. an AI assistant, an automation platform), it transfers Customer Data outside the Service at its own responsibility. The Provider does not select or control such third parties and they are not its subcontractors; the Customer is obliged to have its own contractual arrangements with them (including a data processing agreement and safeguards for transfers to third countries). The Provider does not guarantee the compatibility of the MCP Server with specific AI clients.
15.4 Fair use. The Provider is entitled to set and publish in the documentation technical limits (e.g. number of requests per minute, file size, import volume). In the case of use that substantially exceeds normal use or threatens the stability of the Service for other customers, the Provider is entitled to temporarily restrict requests and to call on the Customer to remedy the situation or to move to a higher plan.
15.5 The API is in development version 0.x and may change. The Provider will announce backward-incompatible changes in the API documentation reasonably in advance, except for changes necessary for security or legal reasons.
16. Electronic Signature of Documents
16.1 The Service makes it possible to create documents from templates and to sign them on a device (e.g. the Customer's tablet or phone) which the User hands to the signatory at an in-person meeting. Remote signing (via a link, an SMS code, etc.) is not part of the Service.
16.2 Legal nature of the signature. A signature created in the Service is a simple electronic signature within the meaning of Article 3(10) of Regulation (EU) No 910/2014 (eIDAS) and Section 7 of Act No. 297/2016 Coll., on Trust Services for Electronic Transactions. It is not an advanced, recognised or qualified electronic signature and does not use qualified certificates or qualified time stamps. The Provider is not a trust service provider. For each signature the Service keeps a record containing the signed version of the document, the image of the signature, the time of signature and details of the User who facilitated the signature.
16.3 Customer's responsibility for the choice of form. The Customer itself decides which documents it signs in the Service and is responsible for ensuring that the chosen form of signature and delivery complies with legal regulations, and for checking the identity of the signatory. In particular, the Customer acknowledges that: a) according to available interpretations, a simple electronic signature is as a rule sufficient for employment contracts, agreements on work performed outside an employment relationship, amendments to them, agreements on termination of employment, instructions for temporary assignment and contracts between businesses; for employment documents concluded electronically, the Customer must fulfil the obligations under Section 21 of the Czech Labour Code (sending a copy to the employee's private electronic address and the employee's right to withdraw within 7 days); b) unilateral acts such as notice of termination, immediate termination, termination during the probationary period and the wage assessment (mzdový výměr) require, when delivered electronically, a recognised electronic signature (Section 335(4) of the Czech Labour Code), which the Service does not create; the Provider recommends drawing up these documents in paper form; c) the Methodology of the Czech Ministry of Labour and Social Affairs (MPSV) on the digitalisation of employment documentation does not recommend concluding fixed-term employment contracts and agreements or those with a probationary period electronically unless the signature is at least advanced; d) the legal effects of a simple electronic signature in private-law acts have not been unambiguously clarified in case law; e) in Slovakia, Poland, Germany and Austria the requirements for the form of employment documents differ, and the document templates are prepared for the Czech Republic only.
16.4 The Provider does not guarantee that a document signed in the Service will be recognised as validly signed or delivered in specific proceedings; it undertakes, however, to keep the record under Article 16.2 for the term of the Agreement and to hand it over at the Customer's request.
16.5 Document templates provided by the Provider are models; the Customer is responsible for adapting them to its circumstances and for their compliance with current legal regulations.
17. Content Published by the Customer (Landing Pages, Career Pages) and the DSA
17.1 The Service allows the Customer to publish content on jobson.cloud subdomains, in particular recruitment pages, job advertisements, questionnaires and career pages (the "Published Content"). Published Content is the Customer's content; the Provider merely stores it at the Customer's request and, in relation to it, is a provider of hosting services within the meaning of Regulation (EU) 2022/2065 (the DSA).
17.2 The Customer is responsible for ensuring that the Published Content is true, is not discriminatory (in particular within the meaning of the prohibition of discrimination in access to employment), does not infringe the rights of third parties, contains the information required by law (e.g. identification of the staffing agency and its licence number, information on the processing of applicants' personal data) and complies with regulations on advertising and employment.
17.3 Reporting illegal content. Anyone may notify the Provider of Published Content which they consider illegal or contrary to the Terms at info@jobson.cloud (subject "DSA"), stating the reasons, the exact URL, the name and e-mail of the notifier and a statement of good faith (Article 16 DSA). This address is also the single point of contact for Member State authorities, the Commission and recipients of the service (Articles 11 and 12 DSA); communication is possible in Czech and English.
17.4 The Provider is entitled to disable access to or remove Published Content which is manifestly illegal or contrary to the Terms. The Provider will inform the Customer of such a measure with a statement of reasons (Article 17 DSA), unless prevented by a legal regulation. The Customer may file an objection against the decision at the above address.
17.5 Notices and objections are assessed by a member of the Provider's staff.
18. Integrations and Third-Party Services
18.1 The Service may enable connection with third-party services (e.g. public company registers, e-mail, communication channels, SMS, calendar, bank files, Ubyport, partner services). Some integrations require the Customer to have an account with the third party and to accept its terms.
18.2 The Provider is not liable for the availability, functionality or price of, or data processing by, third parties which the Customer has chosen and whose services it uses under its own contractual relationship. A change to or termination of a third-party service may lead to the restriction or termination of the relevant integration.
18.3 The availability of individual integrations may vary over time; the Provider does not guarantee the availability of a specific integration unless it is expressly indicated as available in the Application.
19. Personal Data Protection and Confidentiality
19.1 In the processing of personal data contained in Customer Data, the Customer is the controller and the Provider is the processor. Rights and obligations are governed by the DPA, to which the Customer consented at Registration.
19.2 The Provider processes personal data of Users and contact persons of the Customer as an independent controller for the purposes of account management, invoicing, security of the Service, support and operational communication in accordance with the Privacy Policy at https://jobson.cloud/en/privacy.
19.3 The Provider is entitled to create aggregated and anonymised statistics from metadata on the use of the Service (e.g. numbers of operations, response times, use of features, consumption of AI Credits) for the purposes of billing, ensuring operation and improving the Service. Such statistics do not contain personal data and do not allow the Customer to be identified. The Provider does not use Customer Data to train AI models.
19.4 The parties undertake to maintain confidentiality regarding confidential information of the other party which they learned in connection with the Agreement, including after its termination, for a period of 5 years (for personal data and trade secrets without time limitation). This obligation does not apply to information that is publicly known, information that a party is obliged to disclose by law or to a public authority, and disclosure to advisers bound by confidentiality.
19.5 The Provider is entitled to name the Customer as a reference (name and logo) only with its prior consent.
20. Intellectual Property
20.1 The Service, the Application, the software, the documentation, the design, the databases, the templates provided by the Provider, the designation JOBSON and all related intellectual property rights belong to the Provider or its licensors. They are not transferred to the Customer under the Agreement.
20.2 Customer Data remain the Customer's. The Customer grants the Provider a non-exclusive, royalty-free authorisation to use Customer Data solely to the extent necessary to provide the Service, perform the Agreement and fulfil legal obligations, for the term of the Agreement and for the period under Article 24.
20.3 Outputs of AI Features created for the Customer (e.g. the text of a job advertisement, a landing page) belong, as between the parties, to the Customer to the extent that rights to them arise; the Provider does not guarantee that they are protected by copyright or that they are unique.
20.4 The Provider may freely and free of charge use suggestions and feedback on the Service to improve the Service.
20.5 Third-party open-source software that forms part of the Service is governed by its own licences.
21. Liability and Its Limitation
21.1 Each party is liable for damage caused by a breach of the Agreement in accordance with legal regulations and to the extent of this Article.
21.2 The Provider is not liable for: a) lost profits, loss of business opportunities, damage to reputation, indirect and consequential damage; b) damage caused by the content of Customer Data, incorrect configuration of the Service by the Customer, confirmation of AI outputs without reasonable checking (Article 14.2), the choice of the form of signature (Article 16.3) or failure to fulfil the Customer's legal obligations (e.g. reports, deadlines, payroll calculations); c) sanctions imposed on the Customer by public authorities, except for sanctions directly caused by a breach of the Provider's obligations as a processor; d) damage caused by third-party services under Articles 15.3 and 18.2; e) loss of data which can be restored from backups or from an export which the Customer was obliged to make under Article 12.1 g).
21.3 The Provider's total liability for all damage arising from or in connection with the Agreement is limited, for all events in a calendar year, to an amount corresponding to the total of the prices actually paid by the Customer to the Provider for the Service for the 12 months preceding the event that caused the damage.
21.4 The limitations and exclusions under Articles 21.2 and 21.3 do not apply to damage caused intentionally or through gross negligence, to harm to natural human rights (Section 2898 of the Czech Civil Code) and in other cases where the exclusion or limitation of liability is invalid under mandatory regulations.
21.5 The parties declare that, in view of the price of the Service, its nature as a standardised service and the allocation of responsibility for Customer Data, they consider the amount of the limit under Article 21.3 to be reasonable and to constitute foreseeable damage.
21.6 For the Service provided free of charge (Trial), the Provider is liable up to a maximum of CZK 5,000 (or EUR 200), subject to Article 21.4.
21.7 Neither party is liable for failure to perform obligations caused by circumstances excluding liability (force majeure, Section 2913(2) of the Czech Civil Code).
22. Restriction and Suspension of the Service
22.1 The Provider is entitled to temporarily restrict or suspend access to the Service or to individual features, keys or tokens if: a) the Customer is in default of payment (Article 7.9); b) the Customer or a User breaches Article 12 or 13 and does not remedy the breach within a reasonable period after being called upon to do so, or the breach cannot be remedied; c) it is necessary to avert a security incident or to protect Customer Data, data of other customers or the integrity of the Service; d) it is ordered by a public authority or a court.
22.2 The Provider will inform the Customer of the suspension in advance and, where this is not possible by the nature of the matter (Article 22.1 c, d), without undue delay afterwards. The suspension lasts only for the necessary period. During a suspension for reasons attributable to the Customer, the obligation to pay the Subscription continues.
22.3 Even during a suspension, the Provider will preserve the Customer's ability to export Customer Data, unless this would be contrary to a decision of a public authority or would create a security risk.
23. Term and Termination of the Agreement
23.1 The Agreement is concluded for an indefinite period. The Subscription is monthly with no long-term commitment.
23.2 The Customer may terminate the Agreement at any time in the Application (Account and Subscription section) or by e-mail from the account administrator to info@jobson.cloud; the termination takes effect at the end of the paid billing period in which it was delivered. The Subscription paid for that period is not refunded.
23.3 The Provider may terminate the Agreement with a notice period of 3 months ending at the end of a calendar month.
23.4 Each party may withdraw from the Agreement with immediate effect if the other party has materially breached the Agreement and has not remedied the breach within 14 days of a written request. A material breach includes, in particular, the Customer's delay in payment exceeding 60 days, a breach of Article 13 and repeated breach of obligations under the DPA.
23.5 The Provider may also withdraw from the Agreement if the Customer loses the authorisation under Article 12.1 b), if it is established that the Customer is not a business, or if the Customer is included on an EU sanctions list.
23.6 Termination of the Agreement does not extinguish claims for payment of amounts due, claims for compensation for damage, the confidentiality obligation and provisions which by their nature are intended to survive (in particular Articles 21, 24 and 25).
23.7 The Provider will refund the value of unused purchased AI Credits within 30 days of termination of the Agreement to the Customer's account, after setting off any receivables of the Provider. At the Customer's request, it will likewise refund the unused balance of prepaid SMS credit.
24. Data Export and Deletion, Switching to Another Provider (Data Act)
24.1 The Customer may export Customer Data at any time during the term of the Agreement using the export functions of the Application and the API in machine-readable formats (in particular CSV and JSON). Data for which the Application does not offer an export will be handed over by the Provider free of charge at the Customer's request in a reasonable machine-readable format and, on request, the Provider will provide a description of their structure.
24.2 Transition period. After termination of the Agreement (for any reason), the Customer has access to Customer Data in read-only and export mode for 30 days (the "transition period"). At the Customer's request submitted before the end of the transition period, the Provider will extend it once, free of charge, by a further 30 days.
24.3 Switching to another provider. In accordance with Chapter VI of Regulation (EU) 2023/2854 (the Data Act), the Provider will: a) allow the Customer to request switching to another provider of data processing services or to its own infrastructure with a notice period of no more than 2 months; b) provide reasonable assistance during the transition period and an export of exportable data and digital assets in an open, machine-readable format; c) after the switching has been fully completed, delete the exportable data, unless the Customer requests otherwise; d) from 12 January 2027 not charge any switching charges; until then it may charge at most the costs directly incurred, of which it will inform the Customer in advance; e) at the Customer's request, provide information on the available switching procedures, formats and known limitations.
24.4 Deletion. After the expiry of the transition period, the Provider will delete Customer Data from production systems within 30 days and from backups in the course of their regular rotation. The Provider is entitled to retain data whose retention is required by a legal regulation (in particular accounting and tax documents relating to the Service), and evidence of the conclusion of the Agreement for the limitation period. On request, the Provider will confirm the deletion.
24.5 The Provider does not make the export or handover of Customer Data conditional on payment of outstanding amounts.
25. Governing Law and Dispute Resolution
25.1 The Agreement and the legal relationships arising from it are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-law rules is excluded.
25.2 The parties will endeavour to resolve disputes amicably; the Customer may notify a dispute at info@jobson.cloud and the Provider will respond within 30 days.
25.3 If a dispute cannot be resolved amicably, the general courts of the Czech Republic have jurisdiction to decide it; the court with local jurisdiction is the court determined by the Provider's registered office.
26. Exclusion of Consumer Protection
26.1 The Service is intended exclusively for businesses for the purposes of their business activity. By Registration, the Customer declares that it is a business and that it is concluding the Agreement in the course of its business activity. The provisions on consumer protection (in particular Sections 1810 et seq. of the Czech Civil Code and Act No. 634/1992 Coll., on Consumer Protection), including the consumer's right to withdraw from a contract concluded at a distance, do not apply to the Agreement.
26.2 The parties exclude the application of Sections 1765 and 1766 (change of circumstances) and Section 2050 of the Czech Civil Code.
26.3 Section 1740(3) of the Czech Civil Code (acceptance of an offer with an amendment) does not apply. Business customs do not take precedence over the Agreement.
27. Changes to the Terms
27.1 The Provider is entitled to reasonably change the Terms and the DPA (Section 1752 of the Czech Civil Code (Act No. 89/2012 Coll.)), in particular due to changes in legal regulations, decisions of public authorities, development of the Service, security or a change of the business model.
27.2 The Provider will notify the Customer of a change at least 30 days before it takes effect by e-mail to the account administrator and by a notification in the Application, together with a summary of the material changes and the text of the new terms.
27.3 If the Customer does not agree with the change, it has the right to terminate the Agreement as of the day preceding the effective date of the change, without penalty and with a refund of the pro rata part of the prepaid price. If the Customer does not terminate the Agreement, it is deemed to have accepted the change.
27.4 Changes caused solely by a change in legal regulations, a decision of a public authority or an urgent security need, and changes exclusively in the Customer's favour, may take effect within a shorter period.
27.5 Changes to the List of Subcontractors are governed by the DPA; changes to the Price List by Article 8.
28. Final Provisions
28.1 The Provider delivers documents to the Customer electronically to the account administrator's e-mail or the billing e-mail and by a notification in the Application. The Customer delivers documents to the Provider at info@jobson.cloud or, where applicable, to the address of its registered office.
28.2 The Customer is not entitled to assign the Agreement or receivables under it without the Provider's consent. The Provider is entitled to assign the Agreement to a person who takes over the operation of the Service from it (e.g. in the course of a transformation or the sale of part of the business); the Provider will inform the Customer of this, and the Customer has the right to terminate the Agreement in such a case without penalty.
28.3 If any provision of the Agreement is invalid or ineffective, this does not affect the other provisions; the parties will replace it with a provision that comes closest to its purpose.
28.4 The Provider has not undertaken to comply with any code of conduct.
28.5 These Terms take effect on the date stated in the header. The Provider will provide previous versions of the Terms on request.
BePositive Group s.r.o. · Company ID (IČO) 05232317 · VAT ID (DIČ) CZ05232317 · Jičínská 1786/49, Žižkov, 130 00 Prague 3 · registered with the Municipal Court in Prague, Section C, File 260372