These Terms of Service ("Terms") govern your access to and use of the Right Menu Microsoft Excel Add-in ("Service"), provided by Open Europe s.r.o., IČO: 24667722, DIČ: CZ24667722, registered in the Czech Republic ("we," "our," or "us").
1. Scope — Enterprise (B2B) Product
The Service is offered as an enterprise (B2B) product for organizations and business users. This is the Enterprise edition of Right Menu. It is designed for centralized deployment, organizational licensing, and professional use within corporate environments. For individual personal use at a lower price point, see our Personal (B2C) edition.
By using the Service, you confirm that you are authorized to act on behalf of your organization in accepting these Terms.
2. Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Service. Continued use of the Service constitutes ongoing acceptance.
3. Eligibility
You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms under the laws of your jurisdiction.
4. License Grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or internal use.
- You may install and use the Service on devices you own or control.
- You may not sublicense, resell, redistribute, rent, lease, or lend the Service or any license key.
- You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
- You may not remove, alter, or obscure any proprietary notices or labels on the Service.
- You may not use the Service to develop a competing product or service.
5. User Responsibilities
You are responsible for maintaining the confidentiality of your license key and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to safeguard your license key.
6. License Key Delivery & Recovery
Upon successful subscription via the Microsoft Commercial Marketplace, your organization's license key is delivered to the administrator's email address provided during setup.
The organization administrator is responsible for storing the license key securely. For key recovery, contact support@open-europe.cz.
7. Payments, Pricing & Taxes
Billing and subscription management are handled entirely through the Microsoft Commercial Marketplace. We do not have access to your payment details. All applicable taxes (including VAT) are calculated by Microsoft in accordance with applicable tax regulations.
Prices may be changed at any time for future subscriptions. Active subscriptions are honoured at the price agreed at the time of purchase.
8. Subscription Cancellation
Subscription cancellation and refund policies are governed by the Microsoft Commercial Marketplace terms. You may cancel your subscription at any time through the Microsoft 365 admin center. Upon cancellation, access continues until the end of the current billing period.
9. Intellectual Property
The Service and its original content, features, functionality, design, and underlying technology are and will remain the exclusive property of Open Europe s.r.o. and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws of the Czech Republic, the European Union, and international treaties. All rights not expressly granted herein are reserved.
10. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that the Service will meet your requirements or expectations. You use the Service at your own risk.
Nothing in these Terms excludes or limits consumer rights that cannot be excluded or limited under applicable EU or national law, including the Czech Consumer Protection Act (Act No. 634/1992 Coll.).
11. Limitation of Liability
To the maximum extent permitted by applicable law:
- No indirect damages — Open Europe s.r.o. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses.
- Liability cap — Our total aggregate liability arising out of or in connection with the Service or these Terms shall not exceed the amount you have actually paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim.
- No liability for third-party services — We are not liable for any acts, omissions, or failures of third-party service providers (including Microsoft or internet service providers).
These limitations apply regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages. Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Open Europe s.r.o. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any rights of a third party.
13. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, if we reasonably believe you have violated these Terms. Upon termination, your license to use the Service is immediately revoked. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) shall survive.
You may stop using the Service at any time. No refund will be issued for the remaining portion of a prepaid subscription period, except as required by applicable law.
14. Modifications to Service and Terms
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
We may update these Terms from time to time. Material changes will be posted on our website. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
15. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions, sanctions, embargoes, power failures, internet or telecommunications failures, cyberattacks, actions of third-party service providers (including Microsoft), or any other event beyond our control.
16. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, specifically Act No. 89/2012 Coll. (Civil Code) and Act No. 634/1992 Coll. (Consumer Protection Act), without regard to conflict of law provisions.
Any disputes arising from these Terms shall be resolved by the competent courts of the Czech Republic. Notwithstanding the foregoing, nothing in this clause restricts your right, as an EU consumer, to bring proceedings in the courts of your country of residence as provided by Regulation (EU) No 1215/2012 (Brussels I Recast).
17. EU Online Dispute Resolution
In accordance with Regulation (EU) No 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr. You may use this platform for the resolution of disputes arising from online purchases. Our email for ODR correspondence: info@open-europe.cz.
18. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
19. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
20. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Open Europe s.r.o. regarding the Service and supersede all prior agreements, understandings, representations, and communications, whether written or oral.
21. No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Open Europe s.r.o. to be effective.
22. Contact Information
If you have any questions about these Terms:
Open Europe s.r.o.
IČO: 24667722, DIČ: CZ24667722
Chržín 44, 273 24, Czech Republic
info@open-europe.cz