Terms and Conditions
Effective from: 11.9.2026
Version: 2.0
These terms and conditions govern the use of the ELIA Asistent service and related services provided by ELIA, s.r.o.
1. Provider
The provider is:
ELIA, s.r.o.
Hviezdoslavovo námestie 7, 811 02 Bratislava
Company ID: 35 878 185
VAT ID: SK2021791981
Registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 30925/B
Email: contact@elia.sk
2. Who These Terms Apply To
These terms apply to customers who use or order the ELIA Asistent service, in particular entrepreneurs, legal entities, public institutions, and persons acting on their behalf.
The service is intended primarily for professional and business use. If the service is to be used by a consumer, or in relation to a consumer, in a way that requires specific statutory information, the customer is responsible for fulfilling its obligations toward such persons.
The person ordering or activating the service on behalf of the customer represents that they are authorized to bind the customer.
3. Definitions
AI functionality means functionality based on artificial intelligence, generative models, machine learning, or similar technologies that create, modify, evaluate, summarize, classify, or recommend content.
Price list means the current overview of prices, packages, limits, add-on services, and fees, unless the price is agreed individually.
Customer data means all data, documents, messages, materials, settings, attachments, knowledge bases, integrations, personal data, and other content that the customer or its users enter into the service, make available to the provider, or that arises from using the service.
Documentation means technical, user, security, or other documentation relating to the service.
Authorized user means an employee, contractor, agent, administrator, supplier, or other person to whom the customer grants access to the service.
Service means the ELIA Asistent software provided as SaaS, the chat widget, dashboard, API, automations, integrations, AI functionality, implementation, configuration, support, maintenance, training, and related services.
Contractual framework means the contract, order, quotation, service specification, these terms, the Data Processing Agreement, price list, and other documents agreed between the parties.
4. Formation of the Contractual Relationship
The contractual relationship is formed in particular by signing a contract, confirming an order, accepting a quotation, activating an account, paying for the service, confirming acceptance of the terms, or starting to use the service.
If there is an individual contract or order, it prevails over these terms to the extent that it expressly deviates from them.
5. Changes to the Terms and the Service
The provider may reasonably change the service, documentation, price list, or these terms, in particular due to technical development, security, changes in legal requirements, changes to third-party services, expansion of functionality, or changes to the business model.
If a change materially worsens the customer's position, the provider will notify the customer at least 30 days in advance. If the customer does not agree with the change, the customer may terminate the contractual relationship as of the effective date of the change, unless the contract provides for a different procedure.
In particular, bug fixes, security changes, changes without a negative impact on the customer, changes required by law, or changes resulting from third-party services are not considered material changes.
6. Provision and Implementation of the Service
The provider will make the service available within the scope agreed in the contractual framework. If the service requires configuration, integrations, data import, or modifications, the customer will provide the necessary cooperation, access, technical parameters, content, test scenarios, and contact persons.
If the customer fails to provide cooperation properly and on time, the provider is not responsible for delay, limited functionality, or inability to launch the service. The provider's deadlines are extended accordingly.
Additional work beyond the agreed scope, such as custom integrations, migrations, modifications, training, consulting, or change requests, is provided for separate remuneration unless the parties agree otherwise.
7. Right to Use the Service
The provider grants the customer, for the term of the contract, a non-exclusive, non-transferable, non-sublicensable, and territorially unlimited right to use the service within the scope agreed in the contractual framework.
The customer must not sell, rent, sublicense, provide the service or any part of it as its own service to third parties, reverse engineer, decompile, circumvent technical restrictions, or use it to develop a competing solution without the provider's prior written consent.
All intellectual property rights to the service, software, source code, database structures, design, documentation, know-how, trade names, and related elements belong to the provider or its licensors.
8. Usage Rules
The customer must use the service lawfully, securely, and in accordance with the contractual framework, documentation, and the provider's instructions.
The customer must not in particular:
- use the service for illegal, fraudulent, misleading, discriminatory, or harmful purposes,
- send spam, malicious code, phishing, unsolicited communications, or content infringing third-party rights,
- circumvent limits, security measures, or authentication,
- disrupt the availability, security, or integrity of the service,
- enter into the service data that it has no right to process,
- enter special categories of personal data, children's data, or other highly sensitive data unless expressly agreed and lawful,
- use the service in a way that could lead to decisions with legal or similarly significant effect without appropriate human oversight.
The customer is responsible for all activity carried out through its account and the accounts of its authorized users.
9. Limits, Fair Use, and Infrastructure Protection
The service may be subject to limits according to the selected package, order, or technical capabilities, such as the number of messages, users, integrations, knowledge documents, API calls, storage, or AI requests.
The provider may apply reasonable fair-use rules, rate limiting, security restrictions, and temporary operational restrictions where necessary to protect the service, other customers, infrastructure, or the provider's lawful interests.
If the customer continuously exceeds the agreed limits, the provider may propose moving to a higher package, charging for over-limit usage, or restricting the relevant functionality.
10. AI Functionality
The customer acknowledges that AI functionality is probabilistic in nature. Outputs may be inaccurate, incomplete, outdated, inappropriate, or misleading.
Outputs of AI functionality do not constitute legal, tax, accounting, financial, medical, technical, or other regulated professional advice unless expressly agreed and legally secured.
The customer must:
- reasonably test and configure the AI assistant before deployment,
- verify outputs before using them in important situations,
- ensure human oversight where an output may affect the rights, obligations, health, finances, access to a service, or other significant interests of persons,
- inform end users about automated communication or AI where required by law or by the nature of the communication,
- use appropriate knowledge materials and update them regularly,
- not configure the service to intentionally generate illegal, discriminatory, misleading, or harmful content.
The provider does not guarantee any specific level of success, accuracy, or business outcome of AI functionality unless individually agreed.
We do not use customer data to train foundation AI models unless expressly agreed or legally permitted. The provider may use anonymized or aggregated output data for security, analytics, operational, and development purposes where no specific person or customer can be identified from it.
11. Integrations and Third-Party Services
The service may be connected to third-party tools, such as CRM systems, e-shops, booking systems, calendars, email, WhatsApp, Telegram, Microsoft Teams, payment gateways, analytics, cloud infrastructure, or AI models.
The customer is responsible for ensuring that it has the right to use connected accounts, API keys, tokens, webhooks, and data from integrated systems.
The provider is not responsible for the availability, changes, errors, limitations, security, prices, or terms of third-party services. If a third party changes or terminates its service, the provider may modify or terminate the relevant integration.
12. Customer Data and Personal Data Protection
The customer retains rights to customer data. The provider uses customer data to the extent necessary to provide the service, support, security, contract performance, and protection of legal claims.
The customer is responsible for the lawfulness, accuracy, quality, and adequacy of customer data. If the data contains personal data, the customer is responsible for the legal basis of processing, information obligations, handling data subject rights, and configuring the service in accordance with the GDPR.
If the provider processes personal data on behalf of the customer, the parties are governed by the Data Processing Agreement. If the provider processes personal data as an independent controller, the processing is governed by the Privacy Policy.
13. Account Security
The customer must protect access credentials, API keys, tokens, and devices of its users. The customer must notify the provider without undue delay of any suspected unauthorized access, credential leak, or security incident relating to the service.
The provider may temporarily block or restrict an account, token, API key, or integration if it has reasonable suspicion of abuse, security risk, or breach of the terms.
14. Support, Maintenance, and Availability
The provider will use reasonable professional efforts to ensure the availability and functionality of the service. Unless an SLA is individually agreed, the service is provided without a guarantee of uninterrupted availability.
The provider may carry out scheduled maintenance, updates, migrations, security interventions, and unscheduled fixes. Where reasonably possible, the provider will inform the customer in advance of significant scheduled outages.
The provider is not responsible for unavailability or degraded functionality caused in particular by internet connectivity, the customer's systems, third-party services, force majeure, cyberattack, legal restriction, or the customer's actions.
15. Price, Invoicing, and Payments
The customer pays the price according to the contract, order, quotation, or price list. Prices are stated without VAT unless expressly stated otherwise.
Unless agreed otherwise:
- one-time fees are due after ordering or activation of the relevant performance,
- recurring SaaS fees are invoiced monthly or annually in advance,
- over-limit usage, add-on services, and additional work are invoiced according to the price list or agreement,
- invoices are due within the period stated on the invoice, usually 14 days from issue.
Payments may be processed by a payment service provider. The customer agrees that the payment service provider may process payment and billing data according to its own terms.
Rules for cancellation, refunds, and withdrawal from the contract are set out in the separate document ELIA Asistent Refund Policy, which forms part of the contractual framework and is available on the service website. In matters of refunds, cancellation, and withdrawal, that document prevails over these terms unless mandatory law or an individual agreement provides otherwise.
If the customer fails to pay a due payment properly and on time, the provider may charge default interest, recover costs related to collection, and, after notice, restrict or suspend the service.
16. Subscription, Renewal, and Package Changes
If the service is provided as a subscription, the subscription renews automatically for the next period of the same length unless the customer or the provider terminates it in the manner and within the period stated in the contract, order, or service interface.
An upgrade to a higher package may take effect immediately or from the next billing period, as agreed. A downgrade to a lower package may be conditional on the customer meeting the limits of the lower package, such as the number of users, data volume, or number of integrations.
The provider may reasonably change prices for recurring services. The provider will inform the customer of a material price change at least 30 days in advance. If the customer does not agree with the change, the customer may terminate the subscription as of the effective date of the change.
17. Trial Period and Free Versions
If the provider offers a trial period, demo, or free version, it may have limited features, limits, availability, support, or duration.
The provider may modify, restrict, or terminate a trial or free version at any time, in particular in case of abuse, exceeding limits, security risk, or expiry of the testing period.
18. Suspension of the Service
The provider may temporarily suspend or restrict the service if:
- the customer breaches the contractual framework or legal requirements,
- the customer is in payment default,
- use of the service threatens the security, availability, or integrity of the service,
- the customer uses the service for an illegal or harmful purpose,
- it is necessary due to maintenance, security, or a decision of a public authority,
- a third party restricts a service necessary for the relevant functionality.
Where the nature of the situation allows, the provider will notify the customer in advance and provide a reasonable opportunity to remedy the issue.
19. Confidentiality
The parties will keep the other party's confidential information confidential and use it only for the purposes of performing the contractual framework.
Confidential information may be disclosed to employees, contractors, advisors, or suppliers to the necessary extent if they are bound by confidentiality or a similar duty of confidentiality.
Confidentiality does not apply to information that is public without breach of duty, was lawfully known before, was lawfully obtained from an authorized third party, or must be disclosed by law or a decision of a public authority.
20. Customer Representations and Responsibility
The customer represents that:
- it has all rights, licenses, consents, and legal bases necessary to use the service and customer data,
- its use of the service will not infringe third-party rights or legal requirements,
- it will provide true, complete, and up-to-date data necessary to provide the service,
- it will ensure that its authorized users comply with the contractual framework.
If the provider incurs damage, cost, penalty, third-party claim, or other harm as a result of the customer's breach of obligations, the customer must compensate the provider for such harm to the extent permitted by law.
21. Provider Liability
The service is provided as available, with professional care corresponding to its nature. The provider does not guarantee that the service will be uninterrupted, error-free, compatible with all customer systems, or suitable for every specific purpose of the customer.
The provider is not liable for:
- indirect damages, lost profits, loss of opportunity, loss of reputation, consequential damages, or loss of data, unless mandatory law provides otherwise,
- damages caused by customer data, instructions, settings, or systems,
- damages caused by third-party services,
- customer decisions made on the basis of AI outputs without appropriate verification,
- damages caused by use of the service contrary to the contractual framework.
The provider's total aggregate liability for all claims arising from the contractual relationship is limited to the amount paid by the customer to the provider in the last 12 months before the damaging event, but not more than EUR 50,000, unless individually agreed otherwise.
This limitation does not apply to the extent liability cannot be limited under mandatory legal requirements.
22. Term and Termination
The contractual relationship is entered into for the period stated in the contract, order, or service interface. Unless agreed otherwise, it is entered into for an indefinite period.
Unless agreed otherwise, either party may terminate a contractual relationship entered into for an indefinite period with a three-month notice period, which starts on the first day of the month following delivery of the notice.
The provider may terminate the contract with immediate effect if the customer:
- materially breaches the contractual framework,
- uses the service unlawfully, fraudulently, or harmfully,
- fails to pay a due payment even within an additional reasonable period,
- threatens the security or stability of the service,
- infringes third-party rights or personal data protection obligations,
- enters liquidation, bankruptcy, or similar proceedings and this threatens the performance of obligations.
23. Data Export and Deletion
After the end of the contractual relationship, the customer's right to use the service ceases. The provider will allow the customer to export available customer data in a technically available format where this is possible in light of the nature of the service and the customer has fulfilled its payment obligations.
Unless agreed otherwise, export is available for 30 days after the end of the service. After this period, the provider may delete or anonymize customer data unless legal requirements or protection of claims require further retention.
Deletion from backups may take place gradually according to the normal backup cycle.
24. References
Unless the parties agree otherwise, the provider may use the customer's business name and logo to a reasonable extent as a reference, in particular on the website, in presentations, or in business materials. The customer may object to such use in writing at any time.
25. Complaints and Notices
The customer must notify defects, incidents, or objections without undue delay after discovering them. Notices are generally sent by email to contact@elia.sk, unless the provider designates another communication channel.
The provider will handle a complaint within a reasonable time, taking into account the nature of the matter and technical complexity.
26. Assignment of Rights and Subcontractors
The customer may not assign its rights or obligations arising from the contractual relationship without the provider's prior written consent.
The provider may assign the contractual relationship or part of it to an entity in the same group, a legal successor, or an acquirer of the business or part of the business. The provider may use subcontractors and is responsible for their performance to the extent provided in the contractual framework.
27. Force Majeure
The provider is not liable for delay or failure to perform caused by circumstances beyond its reasonable control, in particular internet outages, outages of cloud services or third-party services, cyberattack, intervention by a public authority, war, epidemic, natural event, labor dispute, or another unavoidable event.
28. Governing Law and Dispute Resolution
The contractual relationship is governed by the law of the Slovak Republic, in particular the Commercial Code and related legal regulations.
Disputes will be resolved by the materially and locally competent courts of the Slovak Republic, unless mandatory law provides otherwise.
29. Final Provisions
If any provision of these terms is found invalid, ineffective, or unenforceable, this does not affect the validity of the remaining provisions. The parties will replace it with a provision that corresponds as closely as possible to the original purpose.
Provisions that by their nature are intended to survive termination of the contractual relationship remain in effect, in particular provisions on payments, confidentiality, intellectual property, personal data protection, liability, data export and deletion, and dispute resolution.