General Terms and Conditions of Welcomio

1. Introductory provisions and definitions

1.1 Contracting Parties

These General Terms and Conditions (hereinafter referred to as "GTC" or "Terms" ) govern the contractual relationship between the company:

Business name: Welcomio, LLC
Form: Limited Liability Company registered in the state of Delaware, USA
Address: 2810 N Church St, Wilmington, Delaware, 19802-4447, United States of America
US Tax ID (EIN): 36‑5052679
Incorporation Date: February 2, 2023
Phone: +1 (302) 397‑3845
Email: hello@welcomio.com
Website: https://www.welcomio.com

(hereinafter referred to as the "Provider" or "Welcomio" )

and a customer — an entrepreneur (legal entity or natural person — entrepreneur) acting within the scope of his commercial, business, craft or professional activity, who concludes a contract with the Provider for the provision of the Service (hereinafter referred to as the "Customer" ).

The Provider and the Customer are jointly referred to as the "Contracting Parties" and individually as the "Contracting Party" .

1.2 Exclusively B2B nature of the service

THE WELCOMIO SERVICE IS INTENDED EXCLUSIVELY FOR BUSINESSES (B2B). The service is not intended for consumers within the meaning of Section 52, paragraph 4 of Act No. 40/1964 Coll. Civil Code, Article 2 of Directive 2011/83/EU on consumer rights, or other consumer protection regulations. By registering an account, the Customer declares that he is acting within the scope of his business activities and that the consumer provisions do not apply to the contractual relationship.

1.3 Definitions

For the purposes of these GTC, the following terms have the following meanings:

"Service" – a Software-as-a-Service platform operated by the Provider on the welcomio.com domain, which enables the Customer to create, host and operate websites and online stores (so-called web builder), including all related tools, APIs, templates and documentation.
"Account" – a customer account created by the Customer to access the Service.
"Subscription" – a paid monthly or annual tariff plan, based on which the Provider makes the Service available to the Customer.
"Trial Period" – a 7-day free period of using the Service before activating a paid Subscription.
"Customer Content" – any data, text, images, videos, graphics, code, databases, domain names, personal data of visitors or other content that the Customer uploads, stores, processes or publishes through the Service.
"AUP" - Acceptable Use Policy set out in Articles 9 and 10 of these Terms and Conditions.
"DPA" – Personal Data Processing Agreement pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR), forming an integral part of these GTC (Article 15).
"Fees" – prices for Subscriptions and other services according to the valid price list published on welcomio.com.
"Domain" – an internet domain name that the Customer uses in connection with the Service (whether purchased through the Provider or externally).
"GDPR" – Regulation (EU) 2016/679 of the European Parliament and of the Council.
"DSA" – Regulation (EU) 2022/2065 on Digital Services.
"Data Act" – Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data.
"Contract" – a contractual relationship concluded between the Provider and the Customer pursuant to these GTC.

1.4 Legal framework

The Agreement is concluded and administered in accordance with these GTC, the applicable price list, the DPA, the Privacy Policy and other documents to which these GTC refer. In the event of a conflict between individual documents, the document in the following order shall prevail: (i) individually agreed deviations in writing signed by both parties, (ii) the DPA, (iii) these GTC, (iv) the Privacy Policy, (v) other documents.

2. Conclusion of the contract and duration

2.1 Method of concluding the Contract

The contract is concluded electronically and becomes valid and effective at the moment when the Customer (i) confirms the order form on welcomio.com, (ii) confirms familiarization with these GTC by clicking on the order confirmation button (“Pay” and the like). The Customer’s click constitutes explicit consent to these GTC and establishes a binding relationship pursuant to Section 269, paragraph 2 and Section 273 of Act No. 513/1991 Coll. Commercial Code, or pursuant to similar provisions of applicable law.

2.2 Exclusion of information obligations for B2B

The Contracting Parties, in accordance with Article 10, paragraphs 1 and 2 and Article 11, paragraphs 1 and 2 of Directive 2000/31/EC on electronic commerce and the relevant provisions of Act No. 22/2004 Coll. on electronic commerce, expressly agree that the information obligations set out in the above provisions do not apply to the Contract concluded between the Provider and the Customer as an entrepreneur.

2.3 Representation and authorization

A natural person concluding the Contract on behalf of a legal entity declares that he or she is authorized to bind that legal entity. In case of doubt, the Provider reserves the right to request proof of authorization.

2.4 Rejection of counterparty conditions

Any terms and conditions of the Customer that conflict with or supplement these GTC shall not apply and shall not become part of the Contract unless the Provider has expressly agreed to them in writing.

2.5 Duration of the Contract

The Agreement is concluded for an indefinite period with automatically renewing billing periods according to the selected Subscription (monthly or annual), with both Parties being entitled to terminate the Agreement in accordance with Article 7.

3. Account and registration

3.1 Creating an Account

To use the Service, Account registration is required. The Customer is obliged to provide true, complete and up-to-date information, including business name, registered office, entrepreneur identification data (IČO/EIN/DIČ/VAT ID) and contact e-mail address. The Customer is obliged to update this information immediately in the event of any change.

3.2 Security of access data

The Customer is responsible for maintaining the confidentiality of access data (e-mail, password, API keys, tokens). Any activity performed through the Account is considered the activity of the Customer. The Customer is obliged to immediately inform the Provider at hello@welcomio.com of any suspicion of unauthorized access. The Provider recommends activating two-factor authentication (2FA).

3.3 Account Suspension and Cancellation

The Provider is entitled to suspend or terminate the Account in the event of a material breach of these GTC (in particular Articles 9, 10, 11 and 21), non-payment of Fees, suspicion of fraud, as well as in the event of a legal or regulatory requirement. If possible and legally permissible, it shall inform the Customer of such a step in advance.

3.4 Minimum age and eligibility

The Customer represents that he/she is at least 18 years of age, or that a natural person acting on behalf of a legal entity has reached the age of full legal capacity in the relevant jurisdiction.

4. Probationary period

4.1 Length and scope

The Provider allows new Customers to use a 7-day free trial period . During the Trial Period, the Customer has access to the functions of the highest tariff plan to the extent determined by the Provider. The Trial Period is provided "AS IS" and without warranties.

4.2 Limitations

The Provider reserves the right to refuse or limit the Trial Period for Customers who have already used it in the past, or if abuse is suspected (e.g. creating duplicate accounts).

5. Subscription, payments, automatic renewal, pricing

5.1 Tariff Plans and Fees

Current tariff plans, scope of functions and amount of Fees are published on https://www.welcomio.com/. Fees are stated in Euros (EUR), US Dollars (USD), or other currencies supported by the Provider.

5.2 Payment method and payment service provider

Payments are made through the payment gateway Stripe, Inc. (stripe.com), which acts as an independent payment service provider. The customer is responsible for maintaining the validity of the payment method. The provider does not store sensitive payment card data; this is processed exclusively by Stripe in accordance with PCI-DSS.

5.3 Automatic Subscription Renewal

THE SUBSCRIPTION AUTOMATICALLY RENEWS AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL) AT THE CURRENTLY APPLICABLE PRICE UNTIL TERMINATED BY THE CUSTOMER. The Provider will automatically withdraw the Fees from the payment method provided by the Customer on the renewal date.

5.4 Customer Termination of Subscription (Click-to-Cancel)

The Customer may terminate the Subscription at any time directly in the administration of their Account by clicking the "Cancel Subscription" button (or equivalent button) without the need to contact customer support, without phone calls and without retention obstacles , in accordance with the requirements of California Business & Professions Code § 17602 (as amended by AB 2863 effective July 1, 2025) and similar regulations of other US states.

5.5 Consequences of termination

Termination of the Subscription will take effect on the last day of the currently paid billing period . THE PROVIDER DOES NOT PROVIDE PROPORTIONAL (PRO-RATA) REFUND OF FEES FOR THE UNUSED PART OF THE PERIOD , except where required by mandatory law. The Customer will have access to the Service until the end of the paid period.

§5.6 Loss of entitlement to a refund of fees for domain registration or transfer

If, at the request of the Customer, the Provider registers a new domain for the Customer (purchase), accepts the transfer of an existing domain (transfer) or takes over the management of the domain from the Customer (change of service owner) (hereinafter collectively referred to as "domain registration"), the Provider thereby pays a non-refundable fee to a third party - the registrar - on the Customer's account, which the Provider cannot recover from the registrar. For this reason, at the moment when the Provider places or pays the relevant order with the registrar (which gives rise to a non-refundable fee), all subscription fees that the Customer has already paid for the current billing period, as well as any prepaid future billing period, become final and non-refundable, not only the fee for the additional service "Own Domain", but also the fees for the services "Website" and "E-Shop". The Parties acknowledge that the "Website", "E-Shop" and the additional "Custom Domain" services form a single interconnected whole for a given period, provided for a single consideration, and the Customer expressly confirms that the full non-returnability of fees already paid constitutes a reasonable and pre-agreed division of business risk between entrepreneurs, not a contractual penalty; the Customer may avoid this consequence by not registering or transferring the domain before being satisfied with the services. This provision takes precedence over any otherwise applicable fee refund arrangement or money-back guarantee and supplements the rule on non-returnability of a proportional part of fees under §5.5; it shall apply regardless of the trial period (including the case where the Customer registers or transfers a domain during the trial period), the Customer's right to cancel automatic renewal at any time with a single click, as well as the extent of actual use of the services. The Customer is still entitled to cancel future automatic renewal with a single click in accordance with §5; however, canceling future renewal does not entitle the Customer to a refund of fees already paid. After registering a domain, the Customer undertakes not to initiate any chargeback or similar dispute with the payment service provider in relation to fees already paid. For the avoidance of doubt: The Customer does not lose the domain itself by registering or transferring the domain - it remains registered for the paid period and continues to be managed in its favor in accordance with §13; only the claim for a refund of fees already paid becomes non-refundable.

AFTER REGISTRATION OF A DOMAIN THROUGH A PROVIDER (REGISTRATION, TRANSFER OR HANDOVER OF DOMAIN MANAGEMENT), ALL SUBSCRIPTION FEES ALREADY PAID FOR THE CURRENT BILLING PERIOD – "OWN DOMAIN", "WEBSITE" AND "E-SHOP" – ARE FINAL AND NON-REFUNDABLE. THE CUSTOMER DOES NOT LOSE THE DOMAIN ITSELF.

5.7 Confirmations and comments (California ARL compliance)

After concluding a paid Subscription, the Provider will send the Customer an e-mail confirmation containing: the essential terms of the Subscription, the amount and frequency of the Fees, the date of the next renewal, the termination procedure and contact information. The Provider will also send regular reminders (at least once a year) in an e-mail form suitable for retention.

5.8 Late payment

In case of unsuccessful payment, the Provider will repeatedly try to withdraw the payment. If the payment remains unpaid for more than 14 days after the due date , the Provider is entitled to suspend the Service. After 30 days , the Provider may terminate the Agreement and delete the Customer's data in accordance with Article 7.

6. Price changes

6.1 The Provider's right to adjust prices

The Provider reserves the right to unilaterally adjust the amount of Fees in the current price list for future billing periods.

6.2 Price change notification

IN THE EVENT THAT A PRICE CHANGE INCREASES THE FEES OF AN EXISTING CUSTOMER, THE PROVIDER WILL NOTIFY THE CUSTOMER OF THIS CHANGE AT LEAST 30 DAYS PRIOR TO THE NEXT SUBSCRIPTION RENEWAL , by e-mail to the registered address and/or by notification in the Account.

6.3 Right to refuse change

The Customer has the right to reject the price change by terminating the Subscription before the effective date of the new price. Continued use of the Service after the effective date of the new price is considered acceptance of the new price.

7. Duration and termination of the Contract

7.1 Termination by the Customer

The Customer is entitled to terminate the Agreement at any time by terminating the Subscription in the Account administration according to Art. 5.4. For Customers from the EU, a binding right according to Art. 25 of Regulation (EU) 2023/2854 (Data Act) applies with a maximum notice period of 2 months to switch to another provider , and this right cannot be contractually restricted.

7.2 Termination by Provider for Breach

The Provider is entitled to terminate the Agreement with immediate effect in the event of: (a) a material breach of these GTC by the Customer that has not been remedied within 7 days of the request (if remediation is possible); (b) a delay in payment of more than 30 days; (c) a breach of Article 10 (Prohibited Content) or Article 21 (Sanctions and Export Controls); (d) the bankruptcy, restructuring or liquidation of the Customer; (e) if the Customer uses the Service in a manner that threatens the security, integrity or reputation of the Service.

7.3 Termination by the Provider for reasons of convenience

The Provider may terminate the Agreement for any reason or without giving a reason with a notice period of 30 days for monthly plans, or on the renewal date for annual plans. In the event of such termination, the Provider will refund to the Customer a pro rata portion of the Fees already paid for the unexpired period.

7.4 Consequences of termination

Upon termination of the Agreement: (a) Access to the Service shall terminate on the effective date of termination; (b) Customer shall be given a 30-day period to export Customer Content via the Service tools or API (for EU customers in accordance with the Data Act); (c) Upon expiration of this period, Provider shall delete Customer Content in accordance with the Privacy Policy and the DPA, with the exception of backups, which shall normally be deleted as part of the backup rotation within a maximum of 90 days; (d) The domain registered by Customer shall remain the property of Customer (see Art. 13); (e) Provisions that by their nature are intended to survive (in particular Art. 12, 15, 17, 18, 19, 22) shall survive termination of the Agreement.

8. Service provided and SLA

8.1 Service Description

The Provider grants the Customer a non-exclusive, non-transferable, revocable right to use the Welcomio Service as a SaaS platform for creating websites and online stores according to the parameters of the selected tariff plan.

8.2 Availability (SLA)

The Provider will use reasonable efforts to ensure the availability of the Service at a level of 99.5% per month , calculated as a percentage of availability outside of planned outages. Planned outages will be announced at least 48 hours in advance.

8.3 Exclusions from the SLA

The SLA excludes outages caused by: (i) force majeure (Article 20), (ii) actions of the Customer or third parties, (iii) failures of connection providers, (iv) necessary security measures, (v) beta or experimental features.

8.4 Updates and changes

The Provider reserves the right to continuously develop, update, modify and replace components of the Service. Substantial changes that reduce functionality will be announced at least 30 days in advance.

8.5 Technical support

Customer support is provided via email at support@welcomio.com . Premium support may be included in higher tier plans.

9. Customer Responsibilities and Restrictions (AUP — Acceptable Use Policy)

9.1 General obligations

The Customer is obliged to: (a) use the Service exclusively in accordance with these GTC, applicable laws and good morals; (b) ensure that its end users (website visitors) comply with the relevant rules; (c) maintain up-to-date and truthful information in the Account; (d) comply with all its obligations as a controller when processing the personal data of its website visitors.

9.2 Technical limitations

The Customer may not : (a) circumvent any technical limitations of the Service, storage or transmission limits; (b) reverse engineer, decompile or disassemble the Service, except as permitted by mandatory law; (c) use the Service for the development of a competitive product or for benchmarking without the prior written consent of the Provider; (d) copy, modify or distribute the Service software; (e) use automated tools (bots, crawlers, scripts) in a way that imposes an unreasonable load on the infrastructure; (f) attempt to gain unauthorized access to the Provider's or other Customers' systems; (g) upload viruses, malware or other malicious code.

9.3 Fair Use

Unless expressly stated otherwise, all "unlimited" parameters of tariff plans (storage, data transfer) are subject to a fair use policy. The Provider may limit usage that significantly exceeds the typical usage of comparable Customers.

10. Prohibited Content and Prohibited Uses

Customer agrees that the Service will not be used to create, host, publish, transmit or promote the following content or activities (hereinafter referred to as "Prohibited Content" ):

10.1 Illegal content and services

Any content or activity that violates applicable law in any relevant jurisdiction (US, EU, Customer's country, end-users' country).

10.2 Infringement of intellectual property rights

Content that infringes copyrights, trademarks, patents, trade secrets, privacy rights, or other rights of third parties.

10.3 Illegal goods and services

Content promoting or enabling the sale of: firearms outside regulated channels, explosives, illegal drugs and precursors, counterfeit medicines, forged documents, human organs, protected species, and any other illegal goods.

10.4 Spam, phishing, malware and fraud

(a) Bulk unsolicited e-mails (spam) in violation of the CAN-SPAM Act, GDPR, Directive 2002/58/EC (ePrivacy) and similar regulations; (b) phishing sites, clone sites of financial institutions or other services; (c) distribution of malware, ransomware, spyware, keyloggers, Trojan horses or other malicious software; (d) fraudulent schemes (scams), pyramid schemes, unethical "pump and dump" crypto-schemes, fake lotteries or investment fraud.

10.5 Child Sexual Abuse Content (CSAM)

CSAM (Child Sexual Abuse Material) content is strictly prohibited. The provider has a zero tolerance policy and will promptly remove such content, report it to the appropriate authorities (in the US NCMEC pursuant to 18 USC § 2258A, in the EU to national law enforcement authorities pursuant to Art. 18 DSA) and preserve evidence. The account will be immediately and irrevocably terminated.

10.6 Content inciting violence or hatred

Content that incites violence, terrorist activity, genocide, ethnic cleansing, or hatred against persons based on race, nationality, ethnic origin, religion, gender, sexual orientation, gender identity, disability, or other protected characteristic. Content promoting terrorist organizations as defined in relevant sanctions lists is also prohibited.

10.7 Sanctions Violations

Content or activity that violates international sanctions administered by OFAC (Office of Foreign Assets Control), the EU Consolidated Sanctions List, UN sanctions, or similar regimes. For details, see Article 21.

10.8 Other prohibited uses

(a) Sexually explicit content involving persons who have not given their explicit consent and non-consensual intimate content (“revenge porn”); (b) content violating the personal data of third parties without a legal basis; (c) promotion of suicide or self-harm; (d) false or misleading advertisements; (e) content related to organised crime, money laundering or terrorist financing; (f) content intended to collect personal data without a legal basis (scraping); (g) doxing and coordinated harassment; (h) deepfakes intended to harm reputation or fraud; (i) content created by generative AI in breach of Article 50 of Regulation (EU) 2024/1689 (AI Act) without appropriate labelling; (j) streaming of illegally obtained content (pirate streaming).

10.9 Provider's right to intervene

The Provider reserves the right (but not the obligation) to review the content and, in accordance with Article 14 of the DSA, to remove it, disable access to it, or suspend or terminate the Account. The Provider does not have a general monitoring obligation pursuant to Article 8 of the DSA and Section 6 of Act No. 22/2004 Coll.

11. Customer's responsibility for content

11.1 Full Customer Responsibility

CUSTOMER IS SOLELY AND FULLLY RESPONSIBLE FOR ALL CUSTOMER CONTENT that it uploads, stores, publishes, processes or transmits through the Service, including its legality, accuracy, completeness, quality and compliance with third party rights.

11.2 Customer Declarations

Customer represents and warrants that: (a) it has all necessary rights, licenses and consents to the Customer Content; (b) the Customer Content does not infringe any applicable law or the rights of third parties; (c) when processing personal data through the Service, it acts as a controller within the meaning of Art. 4(7) GDPR and has a lawful basis for the processing; (d) it publishes and makes available to its end users a proper privacy policy, cookie notice and any consent.

11.3 Limitation of the Provider's role

The provider acts as a neutral hosting service provider within the meaning of Article 6 of the DSA (formerly Article 14 of Directive 2000/31/EC) and benefits from the safe harbor protection if, upon becoming aware of illegal content, it removes it without delay.

12. Intellectual property

12.1 Ownership of the Provider

The Service, its source code, object code, graphic design, templates, documentation, the "Welcomio" logo, trademarks and any other related elements are the exclusive property of the Provider or its licensors and are protected by copyright, patents, trademarks, trade secrets and other intellectual property laws of the US, EU and international treaties.

12.2 License granted to Customer

The Provider grants the Customer a limited, non-exclusive, non-transferable, revocable license to use the Service for the duration of the Agreement solely for the purposes of operating the Customer's own business in accordance with these GTC and with the scope of the selected tariff plan. This license does not include the right to sublicense, forward access, sell access or use the Service outside the contractual scope.

12.3 Templates and pre-made content

Templates, stock photos, icons, fonts and other pre-made elements provided within the Service may be used by the Customer exclusively within its websites operated through the Service, in accordance with the terms of the license of the specific element (these may be determined separately).

12.4 Feedback

Any suggestions, ideas, feedback or recommendations that the Customer provides to the Provider become the property of the Provider and the Provider has the right to freely use them without compensation, based on a royalty-free, perpetual, worldwide, irrevocable, sublicensable license.

12.5 Trademarks

"Welcomio" and related logos are trademarks of the Provider. The Customer may not use the Provider's trademarks without prior written consent.

13. Customer Content and Domain

13.1 Ownership of Customer Content

CUSTOMER REMAINS THE OWNER OF ALL RIGHTS TO CUSTOMER CONTENT. These GTC do not transfer any ownership rights to Customer Content to the Provider.

13.2 License granted to the Provider

The Customer grants the Provider a royalty-free, worldwide, non-exclusive license to: (a) host, store, back up, reproduce and make available the Customer Content; (b) perform technical modifications necessary for the provision of the Service (e.g. image compression, CDN cache, transcoding); (c) process data for the further development and improvement of the Service (in anonymized or aggregated form).

The license is granted for the duration of the Agreement and for a period reasonably necessary for termination of the Service and deletion of data.

13.3 Domain

The domain registered by the Customer (whether through the Service or with an external registrar) is and remains the property of the Customer. After the termination of the Agreement, the Customer has the right to take over the domain or transfer it to another provider. The Provider will provide assistance in transferring the domain within the normal time frame and in accordance with the rules of the relevant registry.

13.4 Backups and Restore

The Provider performs regular security backups, but the Customer is also obliged to maintain its own backups of critical data. The Provider does not provide a guarantee of complete data recovery in the event of data loss caused by the Customer.

§13.5 Fair use when transferring a domain before the end of the annual cycle

If the Customer uses the domain through the additional service "Own Domain" in a monthly subscription mode , the Contracting Parties acknowledge that the Provider pays the registrar a non-refundable annual fee for the domain in advance for the entire registration year. The monthly price of the additional service "Own Domain" is determined taking into account the assumption that the Customer will use this additional service through the Provider for at least twelve (12) monthly billing periods from the registration of the domain, transfer of the domain to the Provider's management or takeover of domain management by the Provider (hereinafter referred to as the " annual cycle ").

If the Customer requests the Provider to transfer the domain to another registrar (i.e. to generate an authorization code / EPP code and transfer the domain from the Provider's registrar account with the current registrar to the registrar account of another registrar) before the annual cycle has expired , the Parties agree that the Provider:

(a) is entitled, before generating the authorization code , to charge the Customer a one-time additional fee in the amount of the difference between (i) the monthly fees already paid by the Customer for the additional service "Own Domain" in the ongoing annual cycle and (ii) the current annual fee for the additional service "Own Domain" according to the Provider's price list; or

(b) is entitled to postpone the generation of the authorization code and the transfer of domain management until the day following the day on which the annual cycle expires.

The choice between options (a) and (b) is up to the Customer. This provision does not apply to the transfer of domain ownership within the same registrar (e.g. transfer from the Provider's registrar account to the Customer's registrar account with the same registrar), as the Provider does not incur any additional non-refundable fees to the registrar in such an action.

The customer expressly confirms that this provision represents a reasonable and pre-agreed division of business risk between entrepreneurs (fair use), not a contractual penalty . The customer can completely avoid this provision by choosing from the beginning an annual (instead of monthly) subscription to the additional service "Own Domain", where this rule does not apply.

The provision of §5.6 (Loss of the right to a refund of fees upon registration or transfer of a domain) shall apply concurrently and independently of this provision.

14. DMCA / Notice‑and‑takedown

14.1 Dual procedural framework

The Provider complies with (i) the Digital Millennium Copyright Act (DMCA), 17 USC § 512 in the USA and (ii) the notice and action mechanism under Article 16 of Regulation (EU) 2022/2065 (DSA) in the EU. The two regimes overlap and the Provider responds to notifications of illegal content through a unified procedure.

14.2 DMCA Designated Agent

Please send DMCA copyright infringement notifications to:

Agent Name: Welcomio DMCA Agent
Company: Welcomio, LLC
Address: 2810 N Church St, Wilmington, Delaware, 19802‑4447, USA
Email: hello@welcomio.com
Phone: +1 (302) 397‑3845
Registered in the US Copyright Office DMCA Directory (https://dmca.copyright.gov/).

14.3 Contact points according to DSA

In accordance with Articles 11 and 12 of the DSA, the Provider determines:

Contact point for public authorities (Article 11): hello@welcomio.com (communication in English and Slovak).
User contact point (Article 12): hello@welcomio.com.

14.4 Legal representative in the EU (Art. 13 DSA)

The provider, as an intermediary service provider not established in the EU, has designated a legal representative pursuant to Art. 13 DSA. The current details (name, address, e-mail, telephone) are published on https://www.welcomio.com/ and notified to the Digital Services Coordinator of the relevant Member State.

14.5 Notification requirements

A notification of illegal content must include: (a) a reasonable explanation of why the content is illegal or in violation of the Terms; (b) the precise electronic location (URL); (c) the name and email address of the notifier (except for CSAM notifications); (d) for the DMCA: a physical or electronic signature of the authorized entity, identification of the protected work, a statement of "in good faith" and a statement under penalty of perjury that the information is accurate and the notifier is authorized to act; (e) a bona fide statement by the notifier as to the accuracy of the information.

14.6 Procedure

Upon receipt of a complete notification, the Provider shall: (a) send an acknowledgement of receipt without undue delay; (b) assess the notification objectively, non-arbitrarily and with reasonable care; (c) remove the content or disable access to it, if necessary; (d) inform the affected Customer by means of a reasoned statement (Statement of Reasons) pursuant to Article 17 of the DSA, which shall include the reason, scope, duration of the measure, redress options and information on any automated decision-making.

14.7 Counter-notice

The affected Customer may file a counter-notification under Section 512(g)(3) of the DMCA that includes: a signature, identification of the removed content, a statement under penalty of perjury of a good faith belief that the content was removed in error, consent to the jurisdiction of federal court, and consent to service of process by the notifier. Upon receipt of a counter-notification, Provider will notify the notifier; if the notifier does not file a lawsuit within 10–14 business days , the content may be reinstated.

14.8 Repeat Infringer Policy

In accordance with Section 512(i) of the DMCA, Provider has adopted a policy whereby it may suspend or terminate the Account of repeat infringers . False notifications or counter-notifications may give rise to liability for damages under Section 512(f) of the DMCA.

15. Privacy Policy and Data Processing Agreement (DPA)

This Article 15 constitutes a Data Processing Agreement (DPA) pursuant to Article 28(3) of the GDPR and Article 28 of Act No. 18/2018 Coll. on the Protection of Personal Data. In the case of processing of personal data by controllers from the EU/EEA, this Article shall prevail over other provisions of the GTC with regard to the protection of personal data.

15.1 Roles of the parties

When processing personal data of visitors to the Customer's websites and end users:

The customer acts as a controller ;
The provider acts as an intermediary (processor).

When processing the Customer's own data (contact details, billing details, log data), the Provider acts as a separate controller in accordance with the Privacy Policy published at welcomio.com/privacy.

Under California CCPA/CPRA, the Provider acts as a "Service Provider" within the meaning of Cal. Civ. Code § 1798.140(ag).

15.2 Subject matter, duration, nature and purpose of processing

Subject: processing of personal data necessary for the provision of the SaaS web builder service. Duration: duration of the Agreement + 30 days for export/deletion. Nature: hosting, storage, backup, transmission, CDN cache, email delivery. Purpose: providing the Service to the Customer and enabling the Customer to provide its own services to its end users.

15.3 Categories of data subjects and data

Data subjects: visitors and registered users of the Customer's websites, e-shop customers, newsletter subscribers, potential customers. Data categories: identification data (name, e-mail, address, telephone), technical data (IP, cookie ID, User-Agent), content data entered into forms, billing and order data, or special categories, if processed by the Customer (in which case under the sole responsibility of the Customer).

15.4 Obligations of the Provider as an intermediary

The Provider: (a) Processes data exclusively in accordance with the documented instructions of the Customer. These GTC, DPA, Service configuration and instructions in the Account constitute documented instructions. Further instructions must be given in writing; (b) ensure that persons authorized to process the data are bound by a confidentiality obligation ; (c) implement technical and organizational measures pursuant to Art. 32 GDPR (TLS 1.2+ encryption in transit, encryption at rest, access control, MFA, logging, separation of client data, regular testing and backups) — see Art. 16; (d) provide the Customer with cooperation in exercising the rights of data subjects (Art. 15–22 GDPR) through the available features of the Service and appropriate support; (e) provide the Customer with cooperation in fulfilling its obligations pursuant to Art. 32–36 GDPR (security, breach notifications, DPIA); (f) notify the Customer of any personal data breach without undue delay, no later than 48 hours after it has become aware of it, indicating the nature, categories, approximate number of data subjects, likely consequences and measures taken; (g) erase or return all personal data upon the Customer's instruction after the termination of the Service (as a standard within 30 days of termination), unless prohibited by EU or Member State law; (h) make available to the Customer the information necessary to demonstrate compliance and allow audits (including checks carried out by the Customer itself or by an auditor commissioned by it). The Provider reserves the right to provide compliance certificates (e.g. SOC 2, ISO 27001) as the primary tool for demonstrating compliance and to limit audits to an appropriate scope.

15.5 Sub-processors

The Customer grants the Provider general written consent to the use of sub-processors pursuant to Art. 28 (2) GDPR. The current list of sub-processors is published at https://welcomio.com/legal/subprocessors and, as of the effective date of these GTC, includes:

Sub-processor: Stripe, Inc., Registered Office: 354 Oyster Point Blvd, South San Francisco, CA 94080, USA

Purpose of processing: Payment processing, invoicing, fraud prevention, Data transfer: EU→US via SCCs / DPF;

Sub-processor: Laravel Cloud (operated by Laravel Holdings, Inc.), Registered office: USA,

Purpose of processing: Hosting applications, infrastructure, databases, Data transfer: EU→US via SCCs / DPF;

Sub-processor: Userlist, LLC, Registered Office: Indianapolis, IN, USA

Purpose of processing: Transactional and marketing email communication with Customers, Data transfer: EU→US via SCCs / DPF;

Sub-processor: Cloudflare, Inc., Registered office: 101 Townsend St, San Francisco, CA 94107, USA

Purpose of processing: CDN, DNS, WAF, DDoS protection, security services, Data transfer: EU→US via SCCs / DPF (Cloudflare is DPF-certified)

Provider shall ensure that each sub-processor is bound by a written contract with the same level of data protection as this DPA. Provider shall remain fully liable to Customer for the activities of the sub-processors.

15.6 Notification of changes to sub-processors

The Provider shall notify the intended addition or replacement of a sub-processor at least 30 days in advance by e-mail and/or notification in the Account. The Customer has the right to object in writing within the specified period for justified data protection reasons. If the Parties fail to reach an agreement, the Customer may terminate the Service concerned.

15.7 International transfers

The provider is a company based in the USA, resulting in the transfer of personal data to a third country. Legal basis for transfers: (a) Commission Decision (EU) 2023/1795 on adequacy (EU-US Data Privacy Framework) , if the recipient is certified; or (b) Standard Contractual Clauses pursuant to Commission Implementing Decision (EU) 2021/914, Module 2 (Controller → Processor) or Module 3, respectively, which are hereby incorporated by reference. In the event of a conflict between the SCCs and these GTC, the SCCs shall prevail.

Provider has conducted a Transfer Impact Assessment with respect to FISA 702, Executive Order 12333, and the additional safeguards established by Executive Order 14086 and will provide it to Customer upon request.

15.8 CCPA/CPRA — Special Arrangements (California)

For purposes of the CCPA/CPRA, Provider acts as a Service Provider and: (a) will not sell or share personal data within the meaning of § 1798.140(ad) and (ah); (b) will not process data for any purpose other than to fulfill the Agreement; (c) will not combine personal data obtained from Customer with data from other sources (except as permitted by § 7050(b) of the CPRA Regulations); (d) will provide the same level of protection as required by the CCPA; (e) will allow Customer to monitor compliance (e.g., through certificates); (f) will notify if it is no longer able to fulfill its obligations under the CCPA.

15.9 Processing records

The Provider keeps records of processing activities pursuant to Article 30(2) of the GDPR.

15.10 Liability for breach of the DPA

The liability of the parties for breach of the DPA is governed by Article 17 (Limitation of Liability), except for breaches for which such limitation is not permissible under the GDPR or other mandatory law (in particular, intentional breach or gross negligence in the protection of personal data).

16. Security

16.1 Technical and organizational measures

The Provider implements appropriate technical and organizational measures commensurate with the risk, in particular: (a) encryption of data in transit (TLS 1.2 or higher) and at rest (AES-256); (b) segregation of customer data and access control according to the principle of least privilege; (c) two-factor authentication for administrative access; (d) access logging and regular auditing; (e) daily backups and recovery testing; (f) regular penetration tests and vulnerability scanning; (g) incident response plan and team; (h) employee training and confidentiality.

16.2 Update of measures

The Provider reserves the right to update the measures according to the development of technologies and threats, while new measures must not be materially weaker than previous ones.

16.3 Incident Cooperation

In the event of a security incident, the Provider will provide the Customer with reasonable assistance in its investigation, notification to supervisory authorities and affected persons.

17. Limitation of liability

17.1 Exclusion of indirect damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA OR COSTS OF SUBSTITUTION, REGARDLESS OF THE LEGAL THEORY (CONTRACTUAL, TORT, STRICT OR OTHERWISE), EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Maximum Liability Limit (Liability Cap)

PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE CONTRACT OR IN CONNECTION WITH THE USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO PROVIDER FOR THE LAST TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100.00).

17.3 Carve-outs

The limitation of liability under clause 17.1 and the maximum limit under clause 17.2 DO NOT APPLY to: (a) willful misconduct ; (b) gross negligence ; (c) fraud; (d) the Customer’s obligations to pay the Fees; (e) the indemnification obligations under clause 18; (f) breach of confidentiality; (g) infringement of the other party’s intellectual property rights; (h) liability which cannot be contractually limited under mandatory law (in particular liability for death or personal injury under applicable European law).

17.4 Symmetry

For the avoidance of doubt, the limitations of liability under this Article 17 shall apply to the mutual benefit of both Parties, except for Fees payable by the Customer, for which the limit shall not apply .

17.5 Time Limitation on Claims

ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH THE CLAIM ARISES; OTHERWISE IT IS PERMANENTLY BARRED , to the extent permitted by law.

18. Indemnification

18.1 Indemnification by the Customer

Customer shall indemnify, defend and hold harmless Provider, its affiliates, officers, employees and agents from and against any and all claims, losses, damages, fines, liabilities and costs (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Content and its use; (b) Customer’s violation of these TOS; (c) Customer’s violation of laws or third party rights (including intellectual property and data protection rights); (d) disputes between Customer and its end users; (e) Customer’s violation of the AUP or Section 10 (Prohibited Content); (f) Customer’s violation of export and sanctions regulations.

18.2 Compensation by the Provider

The Provider shall indemnify the Customer against claims by third parties alleging that the Service (in unmodified form and used in accordance with the GTC) directly infringes their intellectual property rights valid in the US or the EU. The Provider's obligation does not arise to the extent that the claim arises from: (i) combination of the Service with third-party products, (ii) modifications of the Service by the Customer, (iii) Customer Content, (iv) use in violation of the GTC, (v) use of an out-of-date version of the Service when an update was available.

In the event of a claim, Provider may (i) obtain a license, (ii) modify the Service so that it is non-infringing, or (iii) terminate the Agreement with a pro rata refund of the Fees for the unexpired term. This is Customer's exclusive remedy for claims of intellectual property infringement.

18.3 Procedure

The Indemnified Party shall (i) promptly give written notice of the Claim, (ii) allow the Indemnifying Party sole control of the defense and settlement negotiations (the Indemnifying Party may not enter into a settlement attributing fault to the Indemnified Party without its written consent), and (iii) provide reasonable cooperation.

19. Warranties and Disclaimers

19.1 Mutual declarations

Each Contracting Party represents that: (i) it has the legal capacity to enter into the Agreement, (ii) its signature/acceptance is duly authorized, and (iii) the Agreement is legally binding and enforceable upon it.

19.2 Content and Compliance Statements

The Customer declares and warrants the declarations set out in Article 11.2 of these GTC.

19.3 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. PROVIDER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PROVIDER DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ERRORS IN THE SERVICE WILL BE CORRECTED.

19.4 Regulatory restriction

For Customers from the EU and jurisdictions that limit the exclusion of warranties, the above exclusions apply to the maximum extent permitted by applicable law and do not limit warranties set forth by mandatory law beyond what is contractually limited.

20. Force majeure

20.1 Liberation

Neither Party shall be liable for any delay or failure to perform an obligation (except for the obligation to pay Fees) if it is caused by circumstances beyond its reasonable control that it could not have foreseen or prevented at the time of entering into the Agreement ( force majeure ), in particular: (a) natural disasters (earthquakes, floods, fires, storms); (b) war, terrorism, civil unrest, riots; (c) pandemics and epidemics and related restrictions by public authorities; (d) power, telecommunications, third-party Internet outages; (e) massive DDoS attacks and other cyber attacks beyond what could reasonably be expected; (f) acts of governments, embargoes, export/import restrictions; (g) strikes and labor disputes outside the affected party's business.

20.2 Notification obligation and duration

The affected party must promptly notify the other party and use reasonable efforts to overcome the event. If the event lasts for more than 60 consecutive days, the other party may terminate the Agreement with immediate effect.

21. Export controls and sanctions

21.1 Customer Declarations

Customer represents and warrants that: (a) it is not domiciled, subject to the law or habitually established in a jurisdiction subject to comprehensive US or EU sanctions, which as of the effective date of these GTC include: Cuba, Iran, North Korea, the annexed territories of Ukraine (Crimea, Donetsk, Luhansk, Kherson, Zaporizhia), as well as other jurisdictions included in this list in the future; (b) it is not listed on the US Department of the Treasury's (OFAC) list of Specially Designated Nationals (SDN), the US Department of Commerce's Entity List or Denied Persons List, the EU Consolidated Sanctions List, the UN Sanctions List or a similar restrictive list; (c) it is not directly or indirectly owned 50% or more or controlled by a person referred to in point (b); (d) will not use the Service in violation of applicable export control regulations, in particular US Export Administration Regulations (15 CFR §§ 730–774), US Office of Foreign Assets Control regulations (31 CFR Ch. V), Regulation (EU) 2021/821 on the control of exports of dual-use items, as well as EU sanctions regulations, including Regulations (EU) 833/2014 and 765/2006; (e) will not provide the Service or outputs from the Service directly or indirectly to persons referred to in point (a) or (b).

21.2 Prohibited uses

Customer agrees not to use the Service for any purposes related to nuclear, chemical or biological weapons, missile technology, military or security applications in embargoed destinations, or for mass surveillance or human rights abuses.

21.3 Provider's Right to Act

The Provider is entitled to immediately suspend or terminate the Service if the Customer violates this article, if the Provider obtains reasonable suspicion of a violation, or if required by a regulatory authority. The Provider may apply geo-blocking from comprehensively sanctioned jurisdictions.

21.4 Screening

The Provider screens Customers against relevant sanctions lists and reserves the right to request additional data from the Customer for compliance purposes (KYC).

22. Governing Law, Jurisdiction and Dispute Resolution

22.1 Governing law

The Agreement and all disputes arising out of or relating to it (including non-contractual obligations) shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Notwithstanding the above, Customers established in the EU/EEA retain the protection of overriding mandatory provisions pursuant to Article 9 of the Rome I Regulation and public policy pursuant to Article 21 of the Rome I Regulation, in particular the GDPR, DSA, Data Act, AI Act and EU sanctions regulations, which shall apply regardless of the choice of law.

22.2 Binding Arbitration and Class Action Waiver

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, INCLUDING ITS EXISTENCE, VALIDITY, INTERPRETATION, PERFORMANCE, BREACH, OR TERMINATION, AND INCLUDING NON-CONTRACTUAL CLAIMS, SHALL BE SUBMITTED TO BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES. The seat of arbitration shall be Wilmington, Delaware, USA. The arbitration shall be conducted by a single arbitrator in the English language. The award shall be binding and enforceable in any court of competent jurisdiction pursuant to the New York Convention of 1958.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST THE OTHER PARTY.

22.3 Waiver of Jury Trial

EACH PARTY IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY IN RELATION TO ANY MATTER ARISING OUT OF THIS AGREEMENT.

22.4 Judicial jurisdiction — supporting

For claims not subject to arbitration (e.g., preliminary injunctions to protect intellectual property or confidential information, enforcement of an arbitral award), the Parties submit to the exclusive jurisdiction of the state and federal courts in New Castle County, Delaware, USA , and waive any forum non conveniens objections.

22.5 Alternative for EU Customers

For Customers domiciled in the EU/EEA for whom the Delaware arbitration clause or the Delaware choice of law would be unenforceable under mandatory EU law, the Parties shall agree on an alternative forum on an individual basis. In the event that the arbitration clause or the choice of law is declared unenforceable by a court of the relevant Member State, the Municipal Court of Bratislava and the Regional Court of Bratislava, Slovak Republic shall have exclusive jurisdiction, and the contract shall be governed by Slovak law to the extent necessary to ensure its enforceability , subject to the other provisions of these GTC.

22.6 Exclusion for DPA/SCCs

Notwithstanding the foregoing, the Standard Contractual Clauses (SCCs) incorporated pursuant to Article 15.7 shall be governed by the law of the Slovak Republic (or another law of an EU Member State in accordance with Clause 17 of the SCC) and disputes arising therefrom shall be subject to the jurisdiction of the Slovak courts.

22.7 Preliminary measures

Notwithstanding the arbitration clause, each Party shall be entitled to seek preliminary or injunctive relief in any court of competent jurisdiction to protect its rights, in particular intellectual property rights and confidential information.

23. Changes to the terms and conditions

23.1 Right to change the GTC

The Provider reserves the right to unilaterally change and update these GTC. Reasons may include changes in legislation, the introduction of new features, security or operational reasons.

23.2 Notification and entry into force

Changes will be notified to the Customer by email and/or notification in the Account at least 30 days prior to their entry into force , except for changes that are necessary for an immediate legal or security response, in which case they may take effect immediately.

23.3 Acceptance or rejection

The Customer's continued use of the Service after the amended GTC enter into force constitutes acceptance of them. If the Customer does not agree with the proposed changes, he has the right to terminate the Agreement before their effective date in accordance with Article 7.1.

23.4 Historical versions

The Provider archives previous versions of the GTC and makes them available upon request.

24. Final provisions

24.1 Severability

If any provision of these GTC becomes invalid, ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that most closely matches the original economic purpose to the extent permitted by law.

24.2 Waiver

Failure or delay in exercising any right under these GTC by the Provider shall not be deemed a waiver of such right.

24.3 Entire Agreement

These GTC, together with the documents to which they refer (DPA, Privacy Policy, price list), constitute the entire agreement of the Parties on the subject matter of the Contract and supersede all prior oral or written agreements, representations and arrangements relating to the subject matter of the Contract.

24.4 Assignment

The Customer is not entitled to assign or transfer its rights or obligations under the Agreement without the prior written consent of the Provider. The Provider is entitled to assign its rights and obligations in the context of a merger, acquisition, reorganization or sale of assets without the consent of the Customer, while informing the Customer thereof.

24.5 Relationship of the Parties

The parties are independent contractors. Nothing in these Terms and Conditions creates a partnership, joint venture, employment relationship, or agency relationship.

24.6 No Third Party Rights

The Agreement does not grant any rights to third parties, with the exception of the Provider's affiliates, which are eligible recipients of compensation under Article 18.

24.7 Delivery

Notices to the Customer shall be delivered by e-mail to the registered address or via the Account and shall be deemed to have been delivered on the date of sending. Notices to the Provider shall be delivered by e-mail to hello@welcomio.com and by post to the registered office of the Provider. Notices under the DSA shall be given to the contacts specified in Art. 14.3.

24.8 Language

The binding version of these GTC is the Slovak language for Customers domiciled in the Slovak Republic and the English language for other Customers. In the event of a conflict between language versions, the English version shall prevail, except for provisions required by Slovak or other national law, where the local language version shall prevail.

24.9 Headings

The headings of articles and paragraphs are for orientation purposes only and do not affect the interpretation of the provisions.

24.10 Anti-thousandths

The GTC can be accepted by electronic clicking of a button or by other electronic form with the same legal force as a handwritten signature.

25. Contact details

Operator (Provider):

Welcomio, LLC 2810 N Church St Wilmington, Delaware, 19802-4447 United States of America US Tax ID (EIN): 36-5052679 Date of Incorporation: February 2, 2023 Phone: +1 (302) 397-3845

Contact emails:

General inquiries: hello@welcomio.com

Customer Support: support@welcomio.com

Legal and contractual questions: hello@welcomio.com

Billing: hello@welcomio.com

Security incidents: hello@welcomio.com

Data Protection / DPO: hello@welcomio.com

DMCA Designated Agent: hello@welcomio.com

DSA — user contact (Article 12): hello@welcomio.com

DSA — contact for authorities (Art. 11): hello@welcomio.com

California Information Clause (Cal. Civ. Code § 1789.3): For complaints, Customers may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, telephone: (800) 952-5210.

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