Moje Školka

Terms and conditions

Effective from: 8. 10. 2026

1. Introductory provisions and definitions

1.1. These terms and conditions (the "Terms") govern the relationship between the provider of the Moje Školka service and the customer who uses the service. They form part of the contract concluded between the parties (an order, a service agreement or an order confirmation by e-mail; the "Contract").

1.2. Definitions:

• Provider (also "Operator") – Jitka Hořavová, Company ID (IČO): 88201856, VAT ID: CZ9059046150, with its registered office at Jiráskova 436/8, 789 85 Mohelnice, Czech Republic, a self-employed person registered in the trade register, e-mail: support@mojeskolka.eu, website: mojeskolka.eu.
• Customer – a business or legal entity that operates a nursery, children's group or similar facility and has ordered the service (also the "Nursery").
• Service – the Moje Školka web application available over the internet (SaaS), comprising, depending on the selected plan, the nursery's public website, content administration, the parent area and operational modules (records of children and representatives, attendance and absence notes, announcements, messages between parents and the nursery, payments, meal plan, gallery, documents and consents, events and more).
• Plan – a variant of the Service (currently "Web" and "Web + Operations"), whose scope and price are stated in the price list on the website or in the Contract.
• User – a person to whom the Customer has granted access to the Service (administrator, teacher, kitchen staff) or a legal representative of a child with access to the parent area.
• Customer Content – all data and content that the Customer or its Users enter into the Service (texts, photographs, documents, data about children, representatives and employees, messages, etc.).
• Data Processing Agreement – an agreement on the processing of personal data under Article 28 of Regulation (EU) 2016/679 (GDPR) between the Customer (controller) and the Provider (processor).

1.3. The Service is intended for businesses. By concluding the Contract the Customer declares that it orders the Service in the course of its business or other gainful activity and is not a consumer. The relationship is governed by Act No. 89/2012 Coll., the Civil Code (the "Civil Code"); consumer protection provisions do not apply.

1.4. Deviating arrangements in the Contract take precedence over the Terms. In matters of personal data protection the Data Processing Agreement takes precedence over the Terms and over the rest of the Contract.

2. Conclusion of the Contract, set-up of the Service and trial period

2.1. The Contract is concluded when the Provider confirms the Customer's order (by e-mail, in the central administration of the Service, or by signing a separate contract). The Service is deemed made available when the nursery is set up in the Service administration and access is handed over.

2.2. When ordering, the Customer provides true identification, billing and contact details and notifies the Provider of any change without undue delay.

2.3. The Provider may offer the Customer a trial period (usually free of charge). The Terms apply to it accordingly. After it ends, the Service is suspended (see Article 8) unless an order has been concluded or the first invoice paid, and the Provider will offer a data export under Article 9. A trial period does not create a right to further free use of the Service.

2.4. The Provider may refuse to conclude the Contract or to set up the Service where there are justified concerns about misuse of the Service.

3. Scope of the Service and changes

3.1. The scope of functions corresponds to the selected Plan. The description of functions on mojeskolka.eu is informative; the scope stated in the Contract is binding.

3.2. The Provider continuously develops the Service and may change, add and improve functions. A change that materially restricts a function used by the Customer will be announced at least 30 days in advance; in that case the Customer may terminate the Contract with effect from the date of the change without a notice period.

3.3. The Service is provided "as is", as continuously developed software. The Provider is responsible for providing the Service with the care of a prudent businessperson throughout the Contract; it does not guarantee that the Service is error-free or suitable for the Customer's specific legal obligations (for example, keeping mandatory documentation under education or other laws). The Customer is responsible for keeping the nursery's mandatory documentation in the manner required by law; the Service is a tool, not a substitute for this obligation.

4. Price and payment terms

4.1. The price of the Service is given by the price list valid on the day of the order or by the Contract. Prices are in Czech crowns (CZK). The Provider is not a VAT payer; the prices stated are final and no VAT is added to them. Domain, third-party services and one-off work (e.g. domain registration, data import, custom adjustments) are charged separately according to the price list or agreement.

4.2. The price is paid in advance for the selected billing period (month or year) on the basis of an invoice issued by the Provider. The invoice is sent electronically to the Customer's e-mail stated in the Contract and is due within the period stated on the invoice (the default due period is 14 days). Payment is made by bank transfer; the variable symbol on the invoice identifies the payment.

4.3. The Customer agrees to electronic delivery of invoices. An invoice is deemed delivered on the day it is sent to the stated e-mail; the Customer is responsible for the functionality of its mailbox.

4.4. In case of late payment the Provider may claim default interest at the rate set by law. The Provider may notify the Customer of an unpaid invoice by e-mail; reminders are free of charge.

4.5. The Provider may change the price of the Service; it will announce the change at least 30 days in advance. If the Customer disagrees, it may terminate the Contract before the change takes effect, with effect from the date of the change. If it does not, the new price applies from the following billing period.

4.6. The price paid for a billing period that has already been provided or begun is not refunded unless the Contract or law provides otherwise (e.g. when the Contract is terminated because of a material breach by the Provider, the proportionate part of the price for the period after termination is refunded).

5. Rights and obligations of the Customer

5.1. The Customer must use the Service in accordance with the law, these Terms and good morals. In particular, it must not use the Service to distribute unlawful, dangerous or offensive content, to send unsolicited commercial communications, to attempt to breach the security of the Service or to interfere with other customers' data.

5.2. The Customer is responsible for the Customer Content and its lawfulness, including that:

1. it holds the necessary rights to the Content (copyright and rights to photographs and other works);

2. it has a legal basis for processing the personal data of children, legal representatives and employees that it enters into the Service, and has fulfilled the information duty under Articles 13 and 14 GDPR (the Provider supplies templates for this);

3. it has the necessary consents of legal representatives to publish photographs and other personal data of children and keeps records of them (the Service provides the Consents module) and respects their withdrawal;

4. it does not enter data beyond what is necessary; in particular it does not enter special categories of personal data (health data, religion etc.) unless it has a lawful reason and it is appropriate given the function of the Service (see the Data Processing Agreement).

5.3. The Customer is responsible for its Users. In particular, it:

1. assigns roles and permissions and is responsible for their correct setting;

2. protects login credentials and ensures that employees are instructed on personal data protection;

3. without undue delay cancels or deactivates the access of persons who should no longer have the data (departing employees etc.);

4. is recommended to enable the two-factor authentication offered by the Service for administrator accounts.

5.4. The Customer must notify the Provider without undue delay of any suspected misuse of access, security incident or other defect it learns of (support@mojeskolka.eu).

5.5. The Customer is responsible for its own backups and exports of data that are essential to it (see Article 9). The Service offers exports in a machine-readable format.

5.6. The Customer provides the Provider with the cooperation necessary to provide the Service (e.g. materials for website set-up, responses to support questions).

6. Rights and obligations of the Provider

6.1. The Provider ensures the operation, security and maintenance of the Service with professional care and in accordance with the document Technical and organisational measures (an annex to the Data Processing Agreement).

6.2. The Provider may use other suppliers to perform the Contract (e.g. hosting, e-mail sending, protection of forms against misuse). The list of suppliers that process personal data is in the Data Processing Agreement; the Provider is responsible for their performance as if it provided the Service itself.

6.3. The Provider may temporarily restrict or interrupt the Service for maintenance, security measures, or where required by law or by an authority.

6.4. The Provider has no duty to monitor Customer Content. It may, however, after notifying the Customer, remove or disable content that is clearly unlawful or that breaches Article 5(1), and where damage threatens, do so without prior notice; it will inform the Customer without undue delay.

6.5. The Provider keeps confidential facts concerning the Customer and Customer Content that it learns in connection with the Service and uses them only to perform the Contract. This does not apply to disclosures required by authorities under the law.

7. Availability, maintenance and support

7.1. The Provider endeavours to keep the Service available continuously but does not guarantee a specific percentage of availability. Outages may be caused in particular by maintenance, updates, failure at suppliers (hosting, internet connection), attack by a third party or force majeure.

7.2. The Provider endeavours to carry out planned maintenance outside normal working hours and to announce it in advance if it could cause a longer outage.

7.3. Support is provided by e-mail at support@mojeskolka.eu on working days. The Provider aims to reply within one working day; the period is indicative. Support covers help with using the Service and fixing errors of the Service; it does not include customised training, content management for the Customer, or problems with the Customer's devices or connection, unless agreed separately.

7.4. The Customer reports serious defects (unavailability of the Service, suspected data leak) by e-mail with the subject "URGENT". The Provider handles them as a priority.

8. Suspension of the Service

8.1. If the Customer is in default with payment for more than 14 days after the due date, the Provider may, after prior notice by e-mail (with a period of at least 5 days to remedy), suspend access to the Service until the debt is paid. The nursery's public website may be unavailable during the suspension.

8.2. Suspension does not delete the Customer's data, and the Service is restored after payment. The price is not reduced for the time of suspension caused by late payment.

8.3. The Provider may also suspend the Service for a material breach of the Terms (in particular Article 5(1)) or an immediate threat to the security of the Service or data, for the necessary time; it will inform the Customer of the reason.

9. Backups, export and return of data

9.1. The Provider backs up the database and uploaded files daily. Backups are kept for weeks (locally 14 days, encrypted copies in separate storage in the EU for up to 30 days). A backup serves to restore the Service after a technical failure, not as the Customer's archive; the Provider does not guarantee recovery of individual records deleted by the Customer.

9.2. After the Contract ends, the Provider will, at the Customer's request for 30 days, provide an export of its data in a machine-readable format (e.g. CSV) and files (photographs, documents). The export is free of charge to the extent the Service allows; additional processing may be charged according to the price list.

9.3. The Provider will then irreversibly delete the Customer's data from the Service within 30 days; copies in backups expire within a further 30 days at the latest in the normal rotation of backups. Legal duties to retain certain data (e.g. the Provider's accounting documents about the Customer) are not affected.

9.4. A domain registered by the Provider at the Customer's request belongs to the Customer; the Provider will arrange its transfer or set-up according to the Customer's instructions, at the Customer's expense.

10. Personal data protection

10.1. With regard to the personal data of children, legal representatives, persons authorised to collect children and employees of the Customer that the Customer enters into the Service, the Customer is the controller and the Provider is the processor. The processing is governed by the Data Processing Agreement, which is an integral part of the contractual relationship and is concluded when the Service is set up. The Service will not be used further by the Customer unless the Data Processing Agreement has been concluded, except during the trial period.

10.2. The personal data of persons who write to the Provider through mojeskolka.eu, order the Service or communicate with support are processed by the Provider as controller under the document Privacy Policy published at mojeskolka.eu/gdpr.

10.3. The Customer is responsible for fulfilling the controller's duties, in particular the legal basis, informing data subjects, handling their requests and reporting personal data breaches to the supervisory authority. The Provider will provide the necessary cooperation under the Data Processing Agreement.

11. Intellectual property

11.1. The Service, its software, appearance, templates, documentation and the "Moje Školka" brand are protected by the rights of the Provider (or its licensors). For the duration of the Contract the Customer obtains a non-exclusive, non-transferable licence to use the Service within the Plan, without the right to sublicense. The Customer must not copy or reverse-engineer the Service, rent it to third parties or attempt to circumvent its limits.

11.2. All rights to Customer Content remain with the Customer. The Customer grants the Provider a non-exclusive right to store, display, back up and adjust the format of Customer Content (e.g. reduce photographs) for the duration of the Contract and to make it available to Users according to the Customer's settings – to the extent necessary to provide the Service.

11.3. The Provider does not use Customer Content for marketing or for any other purposes of its own. The Provider may use data about the operation of the Service (aggregated statistics without personal data) to improve the Service.

11.4. By agreement with the Customer the Provider may list the Customer's name and logo in a list of references. Consent can be withdrawn at any time.

12. Liability and compensation for damage

12.1. The Provider is liable for damage it causes to the Customer by breaching its duties to the extent set out in this Article and by law.

12.2. The Provider is not liable for damage arising from:

1. incorrect use of the Service, incorrect permission settings or loss or misuse of login credentials on the Customer's side;

2. Customer Content and the conduct of Users, including insufficient consents or failure to inform persons;

3. an outage of the internet connection or devices of the Customer and a failure of third-party services beyond the Provider's control, unless the Provider chose the supplier negligently;

4. interference by a third party that could not be prevented by reasonable measures, or force majeure;

5. unavailability of the Service during planned maintenance and during suspension under Article 8;

6. lost profit, loss of orders or reputation and other indirect damage, unless caused intentionally.

12.3. The Provider's total liability for damage arising in connection with the Contract is limited to an amount equal to the price of the Service paid by the Customer in the preceding 12 months before the event giving rise to the damage (for a shorter duration of the Contract, the price for 12 months under the valid price list). The limitation does not apply to damage caused intentionally or by gross negligence, to harm to natural personality rights, or to liability that cannot be limited by law.

12.4. The Customer must claim compensation in writing without undue delay after learning of the damage and enable the Provider to verify it. The Customer must reasonably prevent and mitigate damage (in particular by backing up important data under Article 9).

12.5. The Customer must compensate the Provider for damage and costs (including reasonable legal costs) incurred by the Provider because a third party (e.g. a parent, an employee, a supervisory authority) asserts a claim against the Provider as a result of Customer Content or the Customer's breach of its duties as a personal data controller.

12.6. The liability of the parties for harm caused by a breach of GDPR is governed by Article 82 GDPR and the Data Processing Agreement.

13. Term and termination

13.1. The Contract is concluded for an indefinite period unless a fixed term is agreed in the Contract.

13.2. Either the Customer or the Provider may terminate a Contract concluded for an indefinite period without giving a reason, in writing (e-mail is sufficient), with a notice period of 1 month, which starts on the first day of the calendar month following delivery of the notice. The price paid for the period after the Contract ends is not refunded (Article 4(6)) unless the parties agree otherwise. The Customer is not bound by a minimum commitment unless the Contract expressly states one.

13.3. The Contract may be ended by agreement or by withdrawal (termination with immediate effect) for a material breach of the Contract by the other party that it has not remedied even after written notice within a reasonable period (at least 5 days); a material breach includes in particular the Customer's default in payment of more than 30 days after the due date, a breach of Article 5(1), or repeated breaches of duties as a personal data controller.

13.4. After the Contract ends, Article 9 applies. Provisions that by their nature are meant to survive the end of the Contract (in particular Article 6(5), 9, 11, 12, 14) remain in force.

14. Final provisions

14.1. Changes to the Terms. The Provider may change the Terms to a reasonable extent. It will announce the change to the Customer by e-mail at least 30 days before it takes effect. If the Customer disagrees, it may terminate the Contract before the date of the change with effect from that date without further costs; otherwise the new version applies from the effective date. A change required by a change in law may take effect earlier.

14.2. Communication. The parties communicate mainly by e-mail at the addresses stated in the Contract. An e-mail is deemed delivered on the working day after sending unless the recipient proves that it did not receive it for reasons it did not cause.

14.3. Force majeure. Neither party is liable for delay or non-performance caused by circumstances excluding liability (Section 2913(2) of the Civil Code), for as long as they last.

14.4. Assignment. The Customer must not transfer rights and obligations under the Contract to a third party without the Provider's consent. The Provider may transfer the Contract to a legal successor or acquirer of the Service and will inform the Customer; in that case the Customer may terminate the Contract with effect from the date of transfer.

14.5. Severability. If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in force; the parties will replace the invalid provision with a valid one that most closely matches its purpose.

14.6. Entire agreement. The Contract (including the Terms and the Data Processing Agreement) constitutes the entire agreement of the parties; earlier oral arrangements cease to apply. The Customer expressly agrees that its own business terms do not apply.

14.7. Governing law and disputes. The relationship is governed by the law of the Czech Republic. The parties will try to resolve disputes amicably; failing that, the competent courts of the Czech Republic will decide.

14.8. Special notice (Section 1753 of the Civil Code). The Customer takes note of and expressly agrees in particular to Article 3(3) (service "as is", mandatory documentation), Article 8 (suspension of the Service), Article 9 (backups, export and deletion of data), Article 12 (limitation of liability, compensation for damage) and Article 13 (termination, notice period).

14.9. These Terms take effect on 8 October 2026 and replace the previous version.

Last amended: 8 October 2026. The Provider keeps an archive of previous versions and will provide them to the Customer on request.