By registering and continuing to use the Margly service, the User expresses their consent to the following Terms and Conditions of MirandaMedia Group, s.r.o. governing the use of the Margly application. These Terms and Conditions are binding upon both the User and the Provider from the moment the registration is confirmed.
1. Definitions
1.1. The Provider is the company MirandaMedia Group, s.r.o., with its registered office at Jankovcova 1595/14a, 170 00 Praha 7, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Company ID (IČ): 08272930, Tax ID (DIČ): CZ08272930 (hereinafter referred to as the "Provider").
1.2.The User is exclusively a natural person engaged in business or a legal entity identified by the login email address provided during registration, who uses the services in the course of their business activities (hereinafter referred to as the "User"). The Application is not intended for consumers within the meaning of Section 419 of Act No. 89/2012 Coll., the Czech Civil Code.
1.3. The Agreement means the agreement concluded between the Provider and the User, the subject of which is the provision of a license to use the Margly web application, available at app.margly.io (hereinafter referred to as the "Agreement").
1.4. The License means a non-exclusive, non-transferable license to use the Application under the conditions set forth in these Terms and Conditions.
1.5.The Application means the Margly web application — a SaaS analytics platform providing insights into sales, margins, costs, advertising, and e-commerce customer behavior (hereinafter referred to as the "Application").
1.6.An offer to conclude the Agreement is the User's registration, which is carried out by creating an account through the registration page at app.margly.io or by accepting an invitation to an existing account.
1.7. Acceptance of the offer is the display of the confirmation screen after registration or the email confirmation of registration by the Provider. This acceptance of the offer constitutes the moment of conclusion of the Agreement. The Agreement is concluded for an indefinite period.
1.8. An Account means a user account for the service identified by a unique identifier (tenant). The Account represents a non-public part of the Application.
1.9. A change of pricing plan within the user account is considered a proposal to amend the Agreement. Confirmation of the plan change constitutes acceptance of this proposal.
1.10.Account Suspension means restricting the User's access to data write functions. The User may view their data but cannot import new data or run synchronizations.
1.11.Account Deletion means the irreversible deletion of the User's account and all data associated with the deleted account. Account Deletion constitutes termination of the Agreement.
2. Description of the Service
2.1. The Margly Application provides:
- Analytical dashboards for orders, customers, products, margins, and shipping
- Integration with e-commerce platforms (Shoptet, Shopify, and Upgates)
- Integration with advertising platforms (Google Ads, Meta Ads, Sklik, Heureka.cz and Heureka.sk)
- Integration with analytics platforms (Google Analytics 4, Google Search Console)
- AI-powered recommendations (Advisor)
- Measurement of the store's visibility in AI assistant answers (AI Visibility)
- My Tasks — overview and management of key actions with automatic AI evaluation
- Cost tracking through file imports and AI processing
2.2. The Application works with the User's data exclusively in read-only mode. Margly never creates, modifies, pauses, or deletes campaigns, advertisements, orders, or any other data on connected platforms.
2.3. The security measures of the Application are described in the Privacy Policy, Section 8. Data of individual customers is strictly separated at the database level. The Provider, however, makes no warranty of absolute security — no system can be made entirely secure.
3. Rights and Obligations of the User
3.1. The User is obligated to provide their contact details during registration for the purpose of invoicing the services provided and for communication with the Provider. The User is obligated to keep their contact details up to date.
3.2.The User agrees to receive transactional emails (payment confirmations, subscription status notifications, security notifications). Commercial communications are sent only with the User's consent, which may be revoked at any time.
3.3. The User is solely responsible for protecting access to their account, login credentials and one-time login codes (OTP) from misuse by third parties. The Provider bears no liability for any misuse of the account, loss, theft or negligent handling of credentials by the User or the User's employees and contractors.
3.4.The Margly Application is a copyrighted work pursuant to Act No. 121/2000 Coll., on Copyright. The proprietary rights to the Application belong to the Provider. This Agreement does not grant the User any rights in connection with the Provider's trademarks.
3.5.The User undertakes not to sell, rent, sublicense or otherwise make the Application available to third parties without the Provider's prior written consent.
3.6. The User bears sole and full responsibility for the data, content and information processed through the Application, as well as for the lawfulness of obtaining and processing such data. The User undertakes to use the Application in compliance with the laws of the Czech Republic, EU legislation and the terms of third-party platforms (in particular Shoptet, Shopify, Upgates, Google, Meta, Sklik and Heureka).
3.7. The User undertakes to pay the agreed price for the services provided in a timely manner and in accordance with the current price list.
3.8. The User has the right to terminate the Agreement at any time by deleting their account. After deletion, User data will be processed in accordance with Section 7.
3.9. The User undertakes not to attempt to access the data of other customers (tenants), not to compromise the security of the Application, not to perform penetration tests without prior written consent of the Provider, not to use automated tools to extract data beyond the scope of normal use, and not to decompile or otherwise reverse engineer the Application.
3.10. If the User processes personal data of their customers (data subjects) through the Application, the User represents and warrants that they:
- have a valid and demonstrable legal basis for such processing pursuant to Article 6, or where applicable Article 9, of Regulation (EU) 2016/679 (GDPR);
- have fulfilled their information obligations to data subjects pursuant to Articles 13 and 14 GDPR;
- have obtained any consents or contractual authorizations necessary for the transfer of such data to the Provider as a processor;
- comply with the terms of third-party platforms regarding the sharing of data with analytics tools (Google API Services User Data Policy, Meta Platform Terms, etc.).
4. Rights and Obligations of the Provider
4.1. The Provider will use commercially reasonable efforts to provide the Application with reasonable availability. The Provider does not guarantee any minimum level of availability (SLA), uninterrupted operation, error-free performance or any specific response times. The Application may at any time be wholly or partly unavailable for technical, operational, security or commercial reasons.
4.2. Under no circumstances shall the following constitute a breach of the obligation under Section 4.1: interruption of service caused by unavoidable objective reasons (in particular power outage, hosting provider outage, third-party API outage, cyber attacks, force majeure under Section 14) or interruption due to scheduled or unscheduled maintenance.
4.3.The Provider has the right to suspend or terminate, without compensation, the account of a User who violates these Terms and Conditions, applicable laws, the terms of third-party platforms, intentionally damages the Application, misuses the Provider's trademarks, or engages in other unlawful conduct.
4.4. Following expiration or cancellation of the subscription, the account transitions to inactive status (Section 7). After the 30-day period under Section 7.4 has elapsed, the Provider is entitled to irreversibly delete all User data, regardless of whether the User logged into the account during this period.
4.5. The Provider bears no liability for business decisions made on the basis of data, Advisor recommendations, analytics dashboards or any other content of the Application.
4.6. The Provider bears no liability for changes, restrictions, interruptions or termination of the APIs and services of third parties (in particular Shoptet, Shopify, Upgates, Google, Meta, Sklik, Heureka, Stripe, Resend, Supabase, Hetzner) that may affect the availability, accuracy, completeness or timeliness of data in the Application.
4.7. Pursuant to Section 1752 of Act No. 89/2012 Coll., the Czech Civil Code, the Provider has the right to unilaterally amend these Terms and Conditions to a reasonable extent, subject to prior notice to the User by email or in the Application at least 14 days before the changes take effect.
4.8. If the User does not agree with the changes to the Terms and Conditions, they have the right to terminate the Agreement by deleting their account before the changes take effect. The contracting parties declare that a period of 14 days is sufficient to arrange an alternative service.
4.9. The Provider is entitled to process the User's data in anonymized and aggregated form(i.e. in a manner that does not allow identification of the User, their shop, or their customers) for the purpose of creating comparative overviews (benchmarks) across users of the Application, statistics, and service improvement. These aggregates never contain personal data of the User's customers or individual values of a specific User, and are formed solely from groups of sufficient size so that the data of a specific shop cannot be inferred from them.
5. Pricing Plans and Payments
5.1 Price List
The Application is available in the Starter, Professional, Business, and Enterprise plans. The current price list and pricing for individual plans are always available at www.margly.io. Prices are listed without VAT; VAT (or the EU reverse-charge mechanism, where applicable) is applied automatically by the Stripe payment gateway based on the User's country and tax status.
5.2 Features by Plan
| Feature | Starter | Professional | Business | Enterprise |
|---|---|---|---|---|
| Max orders | 2 000 | 20 000 | 80 000 | Unlimited |
| Data history | Unlimited | Unlimited | Unlimited | Unlimited |
| Automatic sync | Daily | Daily | Daily | Daily |
| Users | 3 | 5 | 10 | Unlimited |
| AI invoice and Excel imports | 5/mo | 20/mo | 50/mo | Unlimited |
| Advisor | 30 analyses/mo | 60 analyses/mo | 120 analyses/mo | 1 000 analyses/mo |
| My Tasks | 20 active | 30 with AI evaluation | 50 with AI evaluation | Unlimited with AI |
| Google Analytics, Google Ads and Search Console | ✓ | ✓ | ✓ | ✓ |
| Meta Ads (Facebook and Instagram) | ✓ | ✓ | ✓ | ✓ |
| Sklik (Seznam.cz) | ✓ | ✓ | ✓ | ✓ |
| CSV/Excel export | — | ✓ | ✓ | ✓ |
| Support | Priority | Priority |
5.3 Payments
The provisions of this Section 5.3 apply to Users who subscribe to the Application directly via the Stripe payment gateway. For Users who installed the Application from the Shopify App Store, separate provisions in Section 5.3a Subscription via Shopify Billing below apply.
- Payments for using the Application are made in advance via the Stripe payment gateway.
- The Provider issues an invoice automatically with each payment. Invoices are available for download in PDF format in the Billing section.
- The User may choose a monthly or annual billing period.
5.3a Subscription via Shopify Billing
This Section 5.3a applies exclusively to Users who installed the Application as a paid add-on from the Shopify App Store. The provisions below supersede the corresponding provisions of Section 5.3 and Section 6 to the extent of any inconsistency. In matters not addressed here, the general provisions of the Agreement apply.
- Billing is processed exclusively through the Shopify Billing API(AppSubscription mechanism). The contractual relationship regarding the payment itself is established between the User and Shopify Inc., which acts as the payment processor for this purpose. The Provider does not receive and has no access to the User's payment details.
- The subscription is billed in USD, regardless of the local currency of the User's store. Any conversion to the local currency is performed by Shopify in its invoice at its own exchange rate; the Provider is not responsible for this conversion.
- Current prices of individual plans are published on the Application's listing in the Shopify App Store. The Provider reserves the right to adjust prices; such changes take effect for the User in accordance with Shopify's rules (typically from the next billing period after the User explicitly approves the new price in the Shopify Admin).
- Tax obligations (VAT, sales tax, GST, and similar) are handled exclusively by Shopify under this model in accordance with its terms. The Provider does not issue a separate invoice; tax documents are available in the "Bills" section of the relevant Shopify store.
- The 14-day trial period under Section 5.4 applies analogously to Users under this Section and is passed to the Shopify Billing API as the
trialDaysparameter. After the trial period expires, the subscription automatically transitions to full billing under the selected plan. - Subscription cancellation is performed by uninstalling the Application from the User's Shopify Admin. This action automatically terminates the subscription on Shopify's side; separate cancellation within the Provider's interface is not possible. Refunds for any unexpired portion of the subscription are governed by Shopify's refund policy, not by Section 6.6 of these Terms.
- Plan changes (upgrade/downgrade) initiated within the Application are technically implemented by creating a new Shopify AppSubscription and require renewed approval by the User in the Shopify Admin. Any pro-rata compensation (proration) is handled by Shopify.
5.4 Trial Period
- Every new account includes a 14-day free trialwith access at the Business plan level. The trial is provided on an "AS IS" basis and the Provider bears no liability for its progress or outcome.
- No credit card is required to start the trial period.
- After the trial period expires, the account switches to read-only mode — the User may view existing data but cannot import new data or run synchronizations.
5.5 Payment Default
- If a payment fails, the Provider will notify the User by email.
- In the event of a failed payment, the account transitions to a "past due" status. Data import and synchronization are suspended.
- If the User does not settle the payment within 30 days, the account transitions to inactive status (see Section 7).
6. Subscription Cancellation
6.1. The User may cancel their subscription at any time through the Billing section in the Application.
6.2. Upon cancellation of a monthly plan, the User retains access until the end of the current billing month.
6.3. Upon cancellation of an annual plan, the User retains access until the end of the current billing year.
6.4. The User may revoke the cancellation (reactivate the subscription) at any time before the end of the current billing period.
6.5. After the billing period ends, the account transitions to inactive status (see Section 7).
6.6. The Provider does not refund any payments or pro-rated portions for unused billing periods, whether due to cancellation by the User, suspension or termination of the account by the Provider under Section 4.3, or any other reason, except where mandatory law requires a refund. If the User believes they have been charged in error, they may contact the Provider at support@margly.io.
7. Inactive Account and Data Retention
7.1. After the subscription expires, the subscription is canceled, or the trial period expires without payment, the account transitions to inactive status.
7.2. An inactive account:
- The dashboard is accessible in read-only mode for 30 days
- Importing new data, synchronization, and the Advisor are blocked
- The Billing and Notifications sections remain accessible
7.3. The Provider endeavors to send reminder emails during the 30-day period (indicatively on days 0, 3, 7, 14, 21, and 27); however, neither dispatch nor delivery of any reminder is guaranteed and non-delivery does not give rise to any claim by the User.
7.4. After 30 days from the transition to inactive status, all User data is irreversibly deleted, including orders, customers, products, costs, advertising data, AI analyses and OAuth tokens.
7.5. If the User reactivates their subscription within the 30-day period, their data is fully restored and the account returns to normal operation. The Provider, however, bears no liability for any data loss that may occur due to technical reasons during reactivation.
7.6. Notwithstanding Section 7.4, the Provider is entitled (and in some cases obliged) to retain data the archiving of which is required by law, in particular accounting and tax records under Act No. 563/1991 Coll. on Accounting (typically 5 years; up to 10 years for documents under Act No. 235/2004 Coll. on VAT), records of authorizations and security events, and anonymized aggregated metrics regarding service usage. Such data is stored separately and is not used to provide the Application.
7.7. Following irreversible deletion, data may persist briefly (typically up to 30 days) in backup systems before being automatically rotated out.
8. Third-Party Service Integrations
8.1. The Application connects to third-party services through their official APIs. By connecting a third-party service, the User authorizes Margly to access the data described in the Privacy Policy.
8.2. The Application accesses data exclusively in read-only mode — it never modifies data on connected platforms.
8.3.The User may disconnect any integration at any time in the Data Import section of the Application. Upon disconnection, the data from the respective service is removed from the Margly database and the OAuth token is revoked; deletion of data on the side of the third-party platform takes place in their systems and is not under the Provider's control.
8.4. The Provider bears no liability for:
- changes, restrictions, interruptions or termination of third-party APIs and services;
- the accuracy, completeness, timeliness or reliability of data obtained from such platforms;
- price changes, changes to license terms or privacy policies of third parties;
- actions taken by third-party platforms against the User (e.g. account suspension on Google or Meta).
9. Advisor and Artificial Intelligence
9.1.The Advisor feature provides automated recommendations based on the User's data through third-party artificial intelligence models.
9.2. Advisor recommendations are strictly indicative, non-binding and informational in nature. They do not constitute professional financial, tax, legal, investment, business or any other professional advice within the meaning of Act No. 256/2004 Coll. on Capital Market Business, Act No. 523/1992 Coll. on Tax Advisory, Act No. 85/1996 Coll. on the Bar, or any other special regulations. The Provider is not a financial advisor, tax advisor, attorney or auditor.
9.3. The User is solely responsible for all business decisions made on the basis of Advisor recommendations or any other output of the Application. The Provider bears no liability for any damage caused by use of such outputs.
9.4. Use of the Advisor is subject to the limits defined by the selected pricing plan.
9.5. The My Tasks feature allows the User to track and manage key actions based on Advisor recommendations. Task completion may be automatically evaluated by artificial intelligence. AI evaluation is indicative and the Provider bears no liability for its accuracy or suitability.
9.6. AI models are probabilistic systems that may produce inaccurate, incomplete, outdated or entirely incorrectoutputs (so-called "hallucinations"). The Provider does not warrantthe accuracy, completeness, timeliness, error-free nature or fitness of any Advisor output or automated task evaluation for the User's specific purpose. All outputs must be critically assessed and verified by the User from independent sources before use.
9.7.The AI Visibility feature provides an indicative measurement of whether and how third-party artificial intelligence systems mention the User's store. The outputs of these systems change over time and the Provider does not guarantee their completeness, accuracy, or representativeness. Availability of the feature is governed by the selected pricing plan.
10. Team Management
10.1.The account owner (role "owner") may invite additional users with the "editor" role within the limits defined by the pricing plan.
10.2. An editor has access to data and may import and export, but does not have access to billing, team management, or subscription changes.
10.3. The owner is fully responsible for the activities of all users within their account, including employees, contractors and any third parties to whom they have granted access.
10.4. Upon downgrading the pricing plan, excess editors may be automatically deactivated.
11. Intellectual Property
11.1. The Application, including its design, source code, architecture, documentation, trademarks and database structure, is a copyrighted work of the Provider within the meaning of Act No. 121/2000 Coll. and is protected by other intellectual property regulations.
11.2.The User's business data remains the property of the User. The Provider claims no rights to data imported into the Application, except for the necessary license to operate the Application.
11.3. The User may not copy, modify, decompile, reverse engineer, disassemble, create derivative works of, or extract the database content of the Application.
11.4.By registering, the User grants the Provider a non-exclusive, royalty-free and territorially unlimited consent to use the User's name (business name), e-shop name, logo and other graphic identifiers (the "Reference") for the purpose of promoting the Application — in particular by listing them among customers and references both on the Margly websites (margly.io and app.margly.io) and in marketing materials, presentations, case studies and on the Provider's social media profiles. The Provider may adapt the Reference to the extent necessary (in particular resize, recolour or reformat it) to maintain a consistent visual style, but always without altering its substance. The User may withdraw this consent at any time by sending a request to support@margly.io; following withdrawal, the Provider will remove the Reference from the sources it controls without undue delay, no later than within 30 days. Withdrawal of consent does not affect printed materials already produced or third-party content whose removal is not technically within the Provider's control.
12. Warranties (NO-WARRANTY)
12.1. The Application is provided "AS IS" and "AS AVAILABLE", without any warranties, whether express, implied, statutory or otherwise.
12.2. To the maximum extent permitted by law, the Provider disclaims all warranties, including but not limited to warranties of:
- merchantability and fitness for a particular purpose;
- non-infringement of third-party rights;
- uninterrupted, error-free, secure and timely operation;
- accuracy, completeness, timeliness, availability or reliability of data displayed in the Application, including data obtained from third-party platforms;
- the Application meeting the User's business expectations, financial goals or other intentions;
- data preservation — the User is solely responsible for backing up their own data outside the Application.
12.3. The Provider provides no service-level commitments (SLA). Scheduled or unscheduled maintenance, outages, restrictions of operation, performance degradation, loss of connectivity or other temporary or permanent unavailabilities do not constitute a defect in performance and do not give rise to any claims by the User.
12.4. Advisor recommendations and any automatically generated outputs of artificial intelligence are subject to no warranty of accuracy or fitness and do not constitute professional advice of any kind.
13. Limitation of Liability
13.1. To the maximum extent permitted by law, the Provider BEARS NO LIABILITY whatsoever for any damages, losses, harm or costs of any nature incurred by the User, the User's customers, employees, statutory bodies or any third parties in connection with the Application, its use or unavailability.
13.2. In particular, the Provider BEARS NO LIABILITY for:
- business decisions made on the basis of data, Advisor recommendations, analytics dashboards or any other content of the Application;
- lost profits, lost revenue, lost business opportunities, loss of goodwill, loss of anticipated savings, loss of anticipated income, loss of contracts, or loss of data;
- indirect, consequential, incidental, special, exemplary or punitive damages;
- damages caused by inaccuracy, incompleteness, unavailability, delay or error in data obtained from third-party platforms (Shoptet, Shopify, Upgates, Google, Meta, Sklik, Heureka, Stripe, etc.);
- damages caused by changes, restrictions, shutdown or termination of third-party APIs or sub-processor services;
- damages caused by outages of internet, hosting, electrical grid, DNS, certificate authorities or other infrastructure outside the Provider's direct control;
- damages caused by a force majeure event under Section 14;
- damages arising as a result of breach of the Agreement or laws by the User, including breach of obligations as a personal data controller;
- damages caused by misuse of the User's credentials, OTP codes or OAuth tokens by third parties;
- damages caused by computer viruses, malware, ransomware or third-party attacks;
- damages caused by AI model output (hallucinations, inaccuracies, incompleteness, outdated information);
- damages caused by the User's or third parties' reliance on content, calculations or metrics displayed in the Application;
- time-barred claims.
13.3. If, despite the provisions of Sections 13.1 and 13.2, any liability of the Provider for damages arises, such liability shall, to the maximum extent permitted by law, be limited to the lower of the following amounts:
- (a) the amount actually paid by the User for the last 1 month of the subscription preceding the event giving rise to the claim, or
- (b) CZK 1,000.
13.4. The limitations under Sections 13.1 to 13.3 apply regardless of the nature of the claim (contractual, tortious, statutory, unjust enrichment, pre-contractual liability) and apply even if the Provider was advised or aware of the possibility of such damages.
13.5. Statutory limitations. These provisions shall not apply to the extent that such limitations are not permitted under Section 2898 of Act No. 89/2012 Coll., the Czech Civil Code (damage caused intentionally or by gross negligence, harm to the natural rights of an individual), or other mandatory provisions of law.
13.6. The User acknowledges that the prices of the Application are set with regard to this limitation of liability, which the contracting parties consider to be reasonable, and that without this limitation the Application could not be provided at the agreed price.
13.7. The User must assert any claim for damages against the Provider in writing no later than 3 months from the date on which the User became aware of the damage; the claim is extinguished after this period.
14. Force Majeure
14.1. The Provider is not in default and bears no liability for failure to perform the Agreement to the extent such failure is caused by force majeure— an extraordinary, unforeseeable and insurmountable obstacle arising independently of the Provider's will.
14.2. Force majeure includes in particular:
- war, mobilization, terrorism, sabotage, civil unrest, embargoes and sanctions (including EU, US or UN sanctions);
- epidemics, pandemics, quarantine measures, government emergency measures;
- natural disasters (fire, flood, earthquake, extreme weather);
- outages of electrical power, internet, DNS, certificate authorities;
- outages of cloud providers (in particular Supabase, Hetzner, AWS, Stripe, Resend) or third-party API providers (Shoptet, Shopify, Upgates, Google, Meta, Sklik, Heureka);
- cyber attacks, DDoS, ransomware, exploitation of zero-day vulnerabilities in third-party infrastructure;
- strikes, lockouts and other collective labor actions outside the Provider's organization;
- interventions by public authorities, regulatory changes, court decisions, content takedown orders;
- technical failures of third-party hardware or software.
14.3.For the duration of force majeure, the Provider's obligations are suspended. The Provider will notify the User of force majeure without undue delay, where objectively possible.
14.4. If force majeure lasts longer than 60 days, either party may terminate the Agreement with immediate effect without any claim for damages, refund or any other compensation.
15. Indemnification by the User
15.1. The User undertakes to indemnify and hold the Provider harmless (as well as its statutory bodies, employees, contractors and sub-processors) against any and all claims, lawsuits, proceedings, losses, damages, fines, sanctions, costs and expenses (including reasonable legal fees) arising out of or in connection with:
- (a) data, content or information uploaded, imported or processed by the User through the Application;
- (b) breach of the User's obligations as a personal data controller of their customers under GDPR, in particular the absence of an appropriate legal basis for transferring data to Margly or failure to fulfil information obligations to data subjects;
- (c) any claim by a data subject (a customer of the User) against the Provider, where such claim was caused by acts or omissions of the User;
- (d) any third-party claim alleging infringement of intellectual property, trademark, copyright or other rights in connection with the User's data;
- (e) any breach of the Agreement, applicable laws or terms of third-party platforms (Google, Meta, Shoptet, Shopify, Upgates, Sklik, Heureka, Stripe) by the User;
- (f) any misuse of the User's credentials by a third party as a result of negligent handling by the User;
- (g) any use of Advisor recommendations or AI outputs in violation of Sections 9.2 to 9.6;
- (h) any sanctions or fines imposed by supervisory authorities (including the Czech Office for Personal Data Protection) in connection with the User's activities.
15.2.The Provider shall notify the User without undue delay of any claim under Section 15.1 and shall, at the User's expense, provide reasonable cooperation in the defense.
15.3. The Provider reserves the right, at its own expense, to assume exclusive control of the defense and settlement of the claim; in such case, the User shall provide all necessary cooperation.
16. Personal Data Processing (DPA pursuant to Article 28 GDPR)
16.1. If the User processes personal data of their customers (data subjects) through the Application, the User is the controller and the Provider is the processor within the meaning of Article 4(7) and (8) of Regulation (EU) 2016/679 (GDPR).
16.2. By concluding this Agreement, the parties simultaneously enter into a data processing agreement pursuant to Article 28 GDPR, the terms of which are set out in this Section 16 and in the Privacy Policy.
16.3. Subject matter, duration, nature and purpose of processing:
- Subject matter:personal data of the User's customers processed for the operation of the Margly analytics platform;
- Duration: for the term of the Agreement and 30 days thereafter (except for data under Section 7.6);
- Nature: reading, storage, aggregation, visualization;
- Purpose: providing the analytical functions of the Application.
16.4. Categories of personal data:email, name, telephone, billing address, shipping address, Czech Company ID/VAT ID of the User's customers, order data (codes, dates, amounts, items, payment and delivery statuses), aggregated traffic data.
16.5. Categories of data subjects: customers of the User.
16.6. Obligations of the Provider as processor:
- (a) process personal data only on the documented instructions of the User (such instructions are given by concluding the Agreement and using the Application in accordance with its documentation);
- (b) ensure that persons with access to personal data are bound by confidentiality;
- (c) implement appropriate technical and organizational measures pursuant to Article 32 GDPR (described in the Privacy Policy, Section 8);
- (d) without undue delay and to the extent technically feasible, notify the User of any personal data breach of which the Provider becomes aware;
- (e) reasonably assist the User in fulfilling its obligations under Articles 32 to 36 GDPR and in handling requests from data subjects;
- (f) upon the User's instruction following termination of the Agreement, delete the personal data unless retention is required by law;
- (g) provide the User upon request with the information necessary to demonstrate compliance with Article 28 GDPR.
16.7. The User as controller is responsible in particular for:
- (a) the lawful legal basis for transferring personal data of their customers to the Application (Articles 6 and 9 GDPR);
- (b) fulfilling information obligations to data subjects under Articles 13 and 14 GDPR;
- (c) handling requests from data subjects under Articles 15 to 22 GDPR;
- (d) carrying out a Data Protection Impact Assessment (DPIA) pursuant to Article 35 GDPR where required;
- (e) the lawfulness, accuracy, completeness and timeliness of the personal data transferred to the Provider.
16.8. Sub-processors. By concluding the Agreement, the User grants general authorization to engage sub-processors listed in the Privacy Policy, Section 4. The Provider will notify the User of any changes to the list of sub-processors at least 14 days in advance; the User may terminate the Agreement on this ground.
16.9. Transfers of personal data outside the EU/EEA take place on the basis of European Commission adequacy decisions (EU-US Data Privacy Framework) or standard contractual clauses pursuant to Article 46(2)(c) GDPR.
16.10. Liability under GDPR (Article 82) is not affected hereby; however, the limitation of liability under Section 13 applies to the extent permitted by law.
17. Support
17.1. All services are provided exclusively by electronic means.
17.2. Support for using the Application is provided via email at support@margly.io and through notifications in the Application.
17.3. The Provider will use reasonable efforts to respond to User inquiries typically within 5 business days. This period is indicative; failure to meet it does not constitute a breach of the Agreement and does not give rise to any claim by the User for a discount, refund or damages.
18. Governing Law and Dispute Resolution
18.1. These Terms and Conditions and the Agreement are governed exclusively by the laws of the Czech Republic, with the exclusion of conflict-of-law rules of private international law and of the United Nations Convention on Contracts for the International Sale of Goods.
18.2. In the event of disputes arising from the Agreement, the parties agree, in accordance with Section 89a of Act No. 99/1963 Coll., the Czech Code of Civil Procedure, that the locally competent court shall be the District Court for Prague 7, or the Municipal Court in Prague where a regional court has subject-matter jurisdiction.
18.3. The contracting parties undertake to attempt an amicable resolution of disputes before initiating court proceedings.
18.4. The Czech-language version of these Terms and Conditions is binding. Foreign-language versions (English, German, Slovak and any others) are provided for the User's convenience; in the event of any discrepancy between language versions, the Czech version shall prevail.
19. Final Provisions
19.1. These Terms and Conditions take effect on July 3, 2026 and supersede the previous version dated April 25, 2026. For existing Users, the 14-day notice period under Section 4.7 applies.
19.2. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in force. Any invalid provision shall be replaced by a provision whose meaning and purpose most closely approximates that of the invalid provision and is in compliance with applicable law.
19.3. No statement, undertaking or commitment by the Provider made outside these Terms and Conditions (in particular in marketing materials, on margly.io, in customer communications or social networks) creates any legal claim for the User, unless these Terms and Conditions provide otherwise.
19.4. Matters not regulated by these Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Czech Civil Code, and other applicable laws of the Czech Republic.
19.5.The User may not assign the Agreement or transfer rights and obligations thereunder without the Provider's prior written consent. The Provider may assign the Agreement to any legal successor or acquirer of its business or any part thereof.
Contact
MirandaMedia Group, s.r.o.
Jankovcova 1595/14a, 170 00 Praha 7
IČ: 08272930 | DIČ: CZ08272930
E-mail: support@margly.io
Web: www.margly.io