General Terms
acalby.com is a web service/product owned and operated by "NOBELI, s.r.o.", headquartered at Hladná 41, Komárno 94504.
"These Terms govern the use of all products and services offered by acalby.com, including its website www.acalby.com and its content. It includes various documents, primarily the General Terms and the Privacy Policy. BY USING THE acalby.com WEBSITE (INCLUDING ITS CONTENT) AND/OR acalby.com PRODUCTS AND/OR SERVICES, YOU AGREE TO THE FOLLOWING TERMS, INCLUDING ANY ADDENDA, REVISIONS, OR CHANGES TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT WISH TO BE BOUND BY THEM, DO NOT USE THE acalby.com WEBSITE, PRODUCTS, OR SERVICES. NOBELI, s.r.o. reserves the right to revise or amend these Terms at any time at its discretion to reflect legal, technical, or any other changes in the status quo. The latest updated version of these Terms is available on the website www.acalby.com.. NOBELI, s.r.o. commits to notify Users of changes to these Terms via email at least 10 days before the effective date of the new version of the Terms. Users have the right to reject the changes to the Terms by sending a notice of termination to support@acalby.com. If the User does not reject the changes to the Terms, which were duly notified, the contractual relationship will be governed by the new version of the Terms. These documents become effective on the date of their last update. Note: In the event of any discrepancies between the English and Slovak versions of these Terms, the Slovak version will prevail.
General Terms
The acalby.com website, its content, and related products and services are available to all individuals of legal age who are authorized to enter into contracts (binding agreements). Proof of compliance with these criteria may be required to access all (or some) services and/or products in the form of identification or contact information.
These Terms are set between Us (NOBELI, s.r.o.) and the Users. No other person has the right to benefit from them.
If any court or other regulator decides that any provision of these Terms is invalid or otherwise unenforceable, that provision will be removed from these Terms, and the rest of the Terms will remain fully valid.
If these Terms conflict with the terms indicated in your registration with acalby.com (if any), these Terms shall prevail unless otherwise stated in additional documentation provided by the Customer Service Department of NOBELI.
Definitions
Wherever the words "You", "Your", and "User" appear in these Terms, they refer to the user of the acalby.com websites, products, and/or services, and should be construed as such. Similarly, the words "We", "Our", and "acalby.com" refer to NOBELI, s.r.o. and should be interpreted accordingly. The term "User Data" refers to personal data that We may collect on the websites. www.acalby.com and/or during registration, and/or obtained within any service or product of acalby.com. The term "Our websites" refers to the websites www.acalby.com and all websites associated with them. In contrast, the term "acalby.com websites" refers to the websites and reservation tools (widgets) of our Users, i.e., websites created using the acalby.com system. "Third party" designates any person/entity/company not affiliated with NOBELI, s.r.o.
2.1 Free
The basic version of the acalby.com tool for creating and hosting a reservation system is completely free for all Users. The parameters of the free version may depend on the specific type of these websites. The free version is limited by the number of upcoming reservations, the number of clients in the database, and other restrictions. An exact and current description of our services can be found on Our websites in the Pricing section.
2.2 Premium Services
If you find that you would benefit from any of the premium services, you can purchase one of the premium services. An exact and current description of our services can be found on Our websites in the Pricing section.
All services are provided in the latest version available at the time of contract conclusion. You will be notified of necessary updates. Service updates occur automatically without the need for User action. An internet connection is required for the service to function properly.
3.1 Prices
All services have a set price or a price range. These prices may be subject to adjustment to reflect market changes or may be temporarily replaced by special/promotional prices. Prices are listed in local currency or US dollars (USD). The price list can be found on the Pricing page. acalby.com is authorized to negotiate individual prices with the User. VAT will be added at the statutory rate.
3.2 Ordering Premium Services
All our Premium Services can be ordered through your Project Administration. If you do not pay for the subscription, access to Premium Services will be terminated. For further information, you can contact our Customer Care Department.
As part of Premium Services, you can order the SMS notification function and purchase an SMS package. Please note that once the SMS package is purchased, it is not possible to withdraw from the contract and request a refund.
3.2 Ordering Premium Services
All our Premium Services can be ordered through your Project Administration. If you do not pay for the subscription, access to Premium Services will be terminated. For further information, you can contact our Customer Care Department.
As part of Premium Services, you can order the SMS notification function and purchase an SMS package. Please note that once the SMS package is purchased, it is not possible to withdraw from the contract and request a refund.
4.1 Contract
A binding contract is initiated between You and acalby.com at the time of the order and is confirmed by successful completion of payment. "Successful completion of payment" is defined as when the full amount has been paid, and an invoice is available in your account management.
During the first 3 days from the contract closure, or successful completion of payment, you may request the cancellation of the ordered services. This process is subject to special rules and criteria (see Section 5.4).
The option to withdraw from the contract and request cancellation of ordered services within a 3-day period is not possible if you have used paid acalby.com services at any time in the past and already have an account with us, especially when it involves an automatic renewal of service provision.
In exceptional cases, it is possible to withdraw from the contract after the indicated period by paying a handling fee. The decision is entirely at the discretion of acalby.com.
4.2 Contract Termination
The cancellation of all services can be requested at any time, provided you do not request a refund. Requests for cancellation, purchase, or change of services (i.e., anything affecting the functionality of your project) must be submitted by you (the project owner) in writing (by email) from the email address used to register the project.
4.3 Contract Duration
Service package contracts are concluded for a period of 6 months or longer. For other services, unless stated otherwise at the time of ordering, the contract ends when the service is provided. The duration of the contract may be agreed between acalby.com and the User differently from the period indicated in the Pricing list.
5.1 Payment Methods
Premium services can be paid for with credit card, PayPal, bank transfer to the acalby.com account, and other payment methods that may vary in different countries.
In the case of bank transfers, all necessary information is available after confirming the service order. Please note that any costs and fees for bank transfers are borne by You (the customer), not acalby.com.
Note: You are responsible for accurately filling out complete payment information. Please ensure all fields are completed, and all data is entered correctly. acalby.com is not responsible for requests that are denied due to incorrect or incomplete information provided by the User. Pay particular attention to the variable symbol. Please note that we use external partners to process and manage payments.
5.2 Recurring Payments (Automatic Renewal)
If you have purchased any Premium services, the service you purchased may be automatically renewed. The frequency of renewal may be monthly or annually, depending on the period you chose. For annual renewal, the amount is charged 30 days before the expiration of membership.
Automatic renewal can be canceled at any time by logging into your user account with the payment provider.
5.3 Payment Date and Activation Date
The payment date is set based on confirmation of successful receipt of the amount from the payment provider (i.e., the entity handling the payment, such as a bank). If it'\s a credit card or PayPal payment, the amount is immediately deducted from your account. The payment date and activation date are the same, except in cases where the order needs to be processed manually. In the case of manual processing, activation may be delayed by a few days.
5.4 Refund Requests
All Premium services, except domain registration, can be canceled and a refund requested within 15 days from the activation date. Note that vouchers (discount codes) cannot be redeemed for cash under any circumstances. If you wish to request an order cancellation, you must send an email to our Customer Care Department. No justification is required to cancel an order for Premium services within the 15-day period, but we would appreciate if you provided a reason, helping us improve our services.
In the case of an authorized request to cancel any Premium service, excluding websites and domain registrations, you must provide a reason for cancellation. Reasons that may lead to a refund include:
(A) Complete termination of all services (including free versions);
(B) Repeated serious technical issues with the service, disrupting the function of your project;
(C) Failure to provide a service that was fully paid for (with proof of payment).
Note: acalby.com reserves the right to review the reason for cancellation you provided and decide whether to accept or reject your request.
If you intend to request a chargeback (contesting a card payment with your bank), contact us before submitting your request. We reserve the right to contest the chargeback or terminate your account.
5.5 Time and Method of Refunds
Refunds will be processed within 50 days from the date when acalby.com received the request. The money will be refunded via bank transfer or using the same payment method that was used for the payment, or through a non-refundable service voucher. Premium services will be deactivated simultaneously with the refund.
Sections 6.1 to 6.8 define the permitted use of acalby.com services. Activities that are contrary to the described use or otherwise prohibited are a violation of the Terms and grounds for initiating measures to prevent continuation of these activities. More information in Article 9.
6.1 Content
You will not send or distribute through the acalby.com websites any materials that are defamatory, threatening, obscene, harmful, pornographic, or otherwise illegal. Also, materials that in any way violate or infringe the rights of acalby.com or the rights of others (including but not limited to intellectual property rights, rights of confidentiality, and rights to privacy) are completely prohibited, as are activities that may cause fear or discomfort to us or others. Additionally, you may not express vulgar, rude, sexist, racist, or otherwise offensive opinions. We recommend Users treat each other with politeness and respect.
6.2 Content Ownership
Without the express consent of the legal rights owner, you will not send or otherwise make available on the acalby.com websites works or materials for which you do not own the rights.
6.3 Participation in Events
You will comply with the rules of any competition, promotional, or marketing campaign you participate in on our websites.
6.4 Disruption
You will not take actions that may disrupt the functionality or security of the acalby.com websites, nor will you cause unreasonable inconvenience to acalby.com staff.
6.5 Identity
You will not impersonate any other person/entity or intentionally misrepresent your relationship with another person/entity.
6.6 SPAM
You will not promote your acalby.com reservation system by sending SPAM (i.e., emails sent to recipients without prior consent). You also will not use our emails to send SPAM (i.e., mass emails sent to recipients without their prior consent).
6.7 Automated Software
You will not use automated software (or any other software not provided directly by acalby.com) to create new acalby.com pages or to access or modify acalby.com pages.
6.8 Circumvention
You will not circumvent service package restrictions or limitations of any acalby.com service or feature in any way.
Intellectual Property
All copyrighted works, materials, trademarks, and other components of the acalby.com website, or components delivered along with the acalby.com website, that are protected by copyright shall remain the property of acalby.com or its providers at all times. You are not permitted to use this protected content or materials unless you have explicit permission from acalby.com or the relevant provider. The permission only applies to the manner of use described in the Terms and Conditions, and no other. You must not copy, reproduce, distribute, commercially exploit, or otherwise profit from such materials or content, nor may you assist or enable Third Parties in any of the aforementioned activities.
8.1 Legislative Framework
When processing personal data, we follow Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (also known as "GDPR"). Information on principles and procedures for processing personal data can be found here
8.2 Data Controller and Data Processor
Given that we provide you with data storage through the acalby.com system, please note that with regard to the personal data you store on our servers, you act as the data controller and acalby.com acts as the data processor. You are required to handle the personal data described in the previous section of this article in accordance with the laws governing personal data protection, specifically in compliance with the GDPR
8.3 Data Processing Agreement
By entering into the Agreement, you are also entering into this Data Processing Agreement pursuant to Article 28 of the GDPR with the following content
8.4 Data Processing
On various acalby.com pages, you may be asked to enter information about yourself. We do not use this information in any way other than as specified in the same place where the request for such data is made. All collected information is processed in the manner and with the limitations set forth in the Terms and Conditions.
acalby.com declares that the data that the User has or will have stored on acalby.com servers will be physically located within the territory of the Czech Republic, or possibly in other EU states.
acalby.com, as a data processor, keeps appropriate records of all categories of processing activities carried out on behalf of the User as required by Article 30(2) of the GDPR, in the scope specified in the GDPR.
The User agrees that acalby.com may anonymize personal data stored on its servers and continue to process and analyze it to improve and expand its service and its quality for the User.
8.5 Withdrawal of Consent for Data Retention
You may request to have your personal data removed from our marketing database. To do so, you (the account owner) must submit a written request (from the email address used to register the project) to our Customer Care Department.
8.6 Changes in Personal Information
We strongly recommend that you keep all your personal information up to date, as this data is used in customer service activities.
8.7 Registration
To use our services and products, you must have a valid acalby.com registration. This entitles you to operate surveys on the acalby.com system. When registering, you must provide a valid email address, password, and other personal information. You are fully and solely responsible for keeping your password confidential and for ensuring that no one else gains access to your account. All activity originating from your account and/or authorized by your password is your responsibility. We strongly recommend keeping your password and account information strictly confidential and not sharing them with anyone. In case of unauthorized use of your password and/or account, please contact acalby.com in writing from the email address used for project registration. To avoid misuse of your account, always ensure that you log out after finishing work on a project.
8.8 Responsibility Toward End Users
You are the person using the acalby.com system, and the End User is the person booking into the acalby.com system. To that extent, you are responsible for:
11.1 Third Parties
We do not endorse or assume any responsibility for any content, advertisement, product, or service available through third-party websites. All transactions between you and a third party available through the acalby.com site, including payments, delivery of goods, services, and any other conditions, warranties, or associations related to these third parties, are between you and that entity. Therefore, acalby.com is in no way liable for any loss/damage that may result.
11.2 Exclusion of Warranty
acalby.com, its subsidiaries, and its licensors DO NOT WARRANT that: (A) The services you use will meet your requirements; (B) Your use of the services and products will be continuous, timely, secure, error-free, or virus-free; (C) Information obtained while using our services and products will be accurate and reliable; (D) Errors in operation or functionality of any software will be corrected. No advice or information, whether oral or written, obtained from acalby.com, can create a liability or obligation not expressly set forth in these Terms. acalby.com further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties and conditions of merchantability and/or fitness for a particular purpose. The rights and obligations of the contracting parties regarding claims from defective performance are governed by applicable legal regulations.
(A) Materials written by Users, primarily but not exclusively those written on blogs and/or forums. We further state that such materials are not endorsed and do not necessarily reflect our views. We reserve the right to monitor, respond, comment, edit, refuse publication, or remove any content entirely at our discretion. However, the mere fact that we did not remove a particular post does not imply our agreement, protection, or support for that post;
(B) The accuracy, timeliness, or reliability of any information/statements on the acalby.com sites, nor do we take responsibility for announcements, advice, and/or opinions published by Users in blogs and forums (except to the extent required by law). If you have any claim arising from activities and/or statements by another User, you agree to pursue such a claim against that User and not against acalby.com;
(C) The quality, accuracy, or suitability of acalby.com sites, except for what is required by law. Nevertheless, we make all reasonable efforts to provide you with services in the most professional manner;
(D) Any fraudulent, untruthful statements, any injury or death due to our negligence. We are not responsible for any loss/damage caused to you or a third party that may result from or relate to your use of the acalby.com sites.
Last modified on April 16, 2024