Terms of Service

1. Provider & Contact

Provider: ZEN Capital s.r.o., Company ID (IČO) 19374691, registered office at Borovnice 67, 592 42 Borovnice, Czech Republic. Support e-mail: support@mindq.tech.

2. Services

The website mindq.tech and the application clients.mindq.tech provide analytics tools, integrations, data overviews, and client dashboards (the “Services”).

3. Account & Access

• True and accurate information is required to create an account; do not share credentials outside your organisation (except granted roles).
• You are responsible for safeguarding your credentials and any activity under your account.
• We may temporarily limit access in case of security incidents or breach of these Terms.

4. Roles & Multi-tenancy

The Services support multiple client organisations (tenants) and user roles (e.g., super_admin, admin, super_user, user). Your organisation’s admins manage access and permissions.

5. Licence & Intellectual Property

We provide the Services “as is”. We grant you a limited, non-exclusive, non-transferable licence to use the Services within your plan/contract. Reverse engineering, security circumvention, and unauthorised scraping of third-party content are prohibited.

6. Customer Data

Data you input into the Services remain your property. You grant us a licence to process such data solely to provide the Services. Where we act as a processor, Annex A – DPA applies.

7. Third-party Integrations

You may connect external services (e.g., Tableau or data connectors). Their use is governed by the respective providers’ terms; we are not liable for third-party services.

8. Fees & Billing (if applicable)

• Prices and billing cycles are stated in the offer/order; standard invoice due date is 14 days.
• Delay may lead to access limitation; fees are non-refundable unless required by law/contract.

9. Service Level & Availability

We strive for high availability but do not guarantee uninterrupted operation. Planned maintenance is announced in advance; emergency work may occur without prior notice.

10. Support

Standard technical support via support@mindq.tech on business days 9:00–17:00 CET, unless agreed otherwise.

11. Acceptable Use

Do not use the Services to distribute malware, spam, or attacks (e.g., DDoS), or to infringe the rights of others or applicable laws. We reserve the right to block or remove infringing content.

12. Liability & Warranties

To the maximum extent permitted by law, we exclude warranties of merchantability and fitness for a particular purpose. Liability cap: at most the fees paid for the last 12 months; no liability for lost profits or indirect damages.

13. Termination

The Agreement may be terminated as per the order/contract or upon breach. After termination you must stop using the Services. Upon request, we will enable data export within a reasonable time.

14. Changes to the Terms

We may update these Terms. Material changes will be announced by e-mail or in-app. Continued use of the Services constitutes acceptance.

15. Governing Law & Disputes

These Terms are governed by the laws of the Czech Republic. Courts in Prague have jurisdiction. Consumers may use out-of-court dispute resolution with the Czech Trade Inspection Authority (ČOI).

Annex A – Data Processing Agreement (DPA)

A. Parties

• Controller: the customer using the Services.
• Processor: ZEN Capital s.r.o., IČO 19374691, Borovnice 67, 592 42 Borovnice, Czech Republic.

B. Subject & Purpose

The Processor processes personal data for the Controller solely to provide the Services (hosting, maintenance, dashboards, integrations, technical support, analytics and AI features per Controller instructions).

C. Duration

For the term of the Agreement and thereafter for the period required for archiving/logs by law.

D. Nature, Categories & Data Subjects

• Categories: identification and contact data, access/operational data, content input by the Controller (including personal data of third parties in documents/sources).
• Data subjects: Controller’s users, clients/employees, and other persons whose data are entered into the Services.

E. Controller’s Instructions

The Processor acts only on documented instructions. If an instruction is unlawful, the Processor will notify the Controller.

F. Confidentiality & Security

The Processor ensures confidentiality, trained personnel, need-to-know access, encryption in transit, segmentation, audit logs, and appropriate technical/organisational measures under Art. 32 GDPR.

G. Sub-processors

The Controller grants a general authorisation to engage sub-processors. Typical list: Hetzner (EU), AWS EU (if used), Seznam e-mails (mail), Tableau (visualisation – if embedded). We will notify changes and allow objections.

H. Transfers outside the EEA

Transfers outside the EEA will rely on SCCs or another legal basis and be accompanied by appropriate safeguards.

I. Assistance

The Processor will assist the Controller with GDPR obligations (security, breach notifications, DPIAs, data subject rights) to a reasonable extent and under agreed terms.

J. Incidents & Personal Data Breaches

The Processor will notify the Controller without undue delay of any personal data breach affecting the processed data, including available information needed for the Controller’s obligations.

K. Audit & Cooperation

Upon request, the Processor will provide information to demonstrate compliance and allow audits/inspections by the Controller or its appointed auditor, reasonably and without compromising other customers’ security/confidentiality.

L. End of Processing

Upon termination of the Services, the Processor will delete or return the data per the Controller’s instructions unless retention is required by law. Backups will be removed under regular retention cycles.

M. Liability

Liability of the parties follows the main Agreement/ToS and applicable law.

Legal & privacy contact: support@mindq.tech