1. Contractual framework 

This Service Order (“SO”) forms an integral and essential part of the General Terms and Conditions of Service (“GTC”) of ENARTIA Single-Member S.A. and sets out the specific terms for the provision of the Macaly AI service (the “Service”) to the Customer. Capitalised terms have the meaning given to them in the GTC. 

GTC: https://www.papaki.com/oroi-xrisis/?lang=en 

The Service is technically provided by LANGTAIL.COM s.r.o. (the “Provider”), a team.blue group company, and is made available by Enartia. The commercial offer displayed on the Website and/or during checkout forms an integral part of the Agreement. 

By ordering or using the Service, the Customer also accepts the Macaly AI Terms, available at: https://www.macaly.com/terms-of-service 

The Provider Terms govern, in particular, the technical operation and permitted use of the Service. In the event of conflict, the Order and this SO prevail in respect of the Service-specific terms, and the GTC prevail in respect of the contractual relationship between Enartia and the Customer, subject to mandatory law and consumer rights. 

2. Definitions and Service description 

“Service” means the Macaly AI services technically provided by LANGTAIL.COM s.r.o. and made available for purchase by Enartia, as described in the Order and commercial offer. The Service uses artificial intelligence to create, modify and deploy websites, applications, code and related content. Features may differ from those offered directly by the Provider. 

“Service Data” means data, files, prompts, content, code and other information submitted, generated or stored through the Service. “Credits” means usage units included in or purchased under the selected plan. 

3. Order, activation, term and payment 

The Service may be ordered through Enartia’s Website or Control Panel and is activated after successful completion of the Order and, where applicable, payment. 

Fees, plan features, usage limits, term and renewal method are those displayed in the Order and the applicable commercial offer. Payment is made in advance for the initial period and each renewal. No fee is payable for a version expressly offered free of charge. 

Renewal, cancellation and any right of withdrawal are governed by the Order and the GTC. Non-use of the Service does not constitute cancellation. 

4. Credits and usage limits 

Credits are purchased or provided in accordance with the selected plan and are consumed based on the features used. Any unused Credits expire sixty (60) days after acquisition, unless otherwise stated in the Order or commercial offer. They are not redeemable for cash and are non-refundable and non-transferable, except where mandatory law requires otherwise. 

5. Support 

Initial support is provided by Enartia through the support channels available on the Website or in the Control Panel. For specialised technical matters, Enartia may cooperate with or refer the Customer to the Provider. 

6. AI use and Customer obligations 

The Customer acknowledges that AI outputs may be inaccurate, incomplete, non-unique or contain errors and do not constitute professional advice. The Customer must human-review, test and validate every output, particularly before publication, production use or decision-making. 

  • Not submit data or content without the necessary rights, licences or lawful basis. 
  • Review the legality, security, quality and suitability of generated code and content. 
  • Not use the Service for unlawful, harmful, misleading or abusive purposes or in violation of third-party rights. 
  • Securely manage integrations, API keys, credentials, repositories and third-party service permissions. 

7. Connected third-party services 

The Service may enable connections to third-party services via APIs, OAuth, tokens, webhooks or other mechanisms. The Customer authorises the Service to interact with their data and functionality only within the permissions granted by the Customer and is solely responsible for selecting, limiting, monitoring and revoking those permissions and for complying with third-party terms. 

8. Data, hosting and data protection 

Service Data relating to files created in the Macaly AI software is hosted in Czechia and processed in accordance with applicable law, including the GDPR, and the Provider’s applicable policies and Data Processing Agreement. 

The Customer is responsible for the lawfulness, accuracy and quality of Service Data and for required notices, consents and instructions. Before submitting confidential, personal or special-category data, the Customer must assess whether such use is necessary, permitted and appropriately protected. 

Enartia Privacy Notice: https://www.papaki.com/privacy-notice/?lang=en 

9. Suspension, termination and data deletion 

Enartia and/or the Provider may suspend or terminate access for breach of the Agreement or law, non-payment, security risk, adverse impact on the Service, or where required by a competent authority. Where feasible and immediate action is not required, prior notice is provided in accordance with applicable terms and law. 

Upon expiry or termination, access ceases and Service Data relating to files created in Macaly AI is deleted within fifteen (15) days, unless a different retention period is required by law. The Customer must timely export any data and code it wishes to retain. 

10. Intellectual property and outputs 

Rights in the platform, software and Provider materials remain with the Provider or its licensors. Rights in Service Data and outputs are determined by the Macaly AI Terms. The Customer acknowledges that AI outputs may not be protectable or may be similar to outputs generated for others and is responsible for all necessary third-party-rights checks. 

11. Availability and liability 

The Service and AI outputs are provided “as is” and “as available”. Enartia does not warrant accuracy, originality, fitness, security or uninterrupted operation and is not liable for decisions, publications, deployments, integrations, payments or other actions undertaken by the Customer based on or through the Service. 

The liability limitations and exclusions in the GTC apply in full. Nothing in this SO excludes liability that cannot lawfully be excluded or limited. 

12. Final provisions 

Enartia may modify or discontinue specific Service features or plans where required by Provider changes, technical or regulatory requirements, or the commercial offer, in accordance with the GTC and applicable law. 

This SO and the Agreement are governed by Greek law. Jurisdiction lies with the courts specified in the GTC, subject to mandatory consumer-protection rules.