Effective from: 01.07.2026
1. Introduction and Formation of Contract
These Terms of Service ("Terms") govern access to and use of the Topensol multi-tenant e-commerce SaaS platform ("Service", "Platform") operated by TOP Real Estate s.r.o., Company ID (IČO): 28167406, with its registered office at Zdiměřická 1436/27, Chodov, 149 00 Prague, , Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 130092 ("Topensol", "we", "us"). By creating an account, checking the "I agree to the Terms of Service" box, or using the Service, you enter into a legally binding contract with us and explicitly agree to these Terms.
The technical log recording your explicit consent (termsAccepted: true and the corresponding timestamp termsAcceptedAt) shall serve as definitive proof of your acceptance and the conclusion of this contract.
The Service is available to both individuals (natural persons acting as consumers) and legal entities or entrepreneurs (businesses). Certain provisions below apply differently depending on whether you act as a consumer or a business — these are marked accordingly.
By accepting these Terms, if you use the Service for business or professional purposes, you also explicitly conclude and accept the Data Processing Agreement ("DPA"), which forms an inseparable part of this contract.
2. Eligibility and Account Security
You must be at least 18 years old and have the full legal capacity to enter into a binding contract to use the Service. If registering on behalf of a company, you warrant and confirm that you possess the necessary corporate authorization to bind that legal entity to these Terms.
You are solely responsible for maintaining the strict confidentiality of your administrative credentials, API tokens, and access keys. Any operations, data modifications, or transactions occurring under your account are deemed to be executed by you. You must notify us immediately of any unauthorized use or security breach of your credentials.
3. Technical Architecture and Hosting Provider Status
Topensol operates strictly as a technical infrastructure and hosting service provider (SaaS). The Platform's architecture ensures technical multi-tenancy through complete data isolation, meaning each Merchant operates within their own distinct, technically isolated database environment.
- Data Sovereignty and Title: All data, inventory logs, product information, customer databases, and configurations uploaded to or generated within the isolated database belong exclusively to the Merchant. Topensol claims zero title, zero ownership, and zero editorial control over this data.
- Zero Access via Encrypted Keys: Access parameters and database connection strings are protected using industry-standard encryption controlled by the Merchant's account configurations. Topensol does not possess administrative visibility, nor does it monitor, inspect, moderate, alter, or access the raw text or structural contents of the Merchant’s isolated database unless strictly requested by the Merchant for troubleshooting, or compelled by an explicit warrant under Czech law.
- Data Processor Status: Under the GDPR and applicable privacy laws, the Merchant is the sole "Data Controller" who owns and controls their customer data. Topensol acts purely as a "Data Processor" (technical execution layer) providing the underlying storage utility.
- No General Monitoring Obligation: In accordance with the EU Digital Services Act (DSA) and applicable Czech laws governing information society services (Zákon č. 480/2004 Sb.), Topensol acts purely as a passive host. We do not conduct proactive or general monitoring of the stores, products, or transactions conducted on the Platform.
- Backup Responsibility: Because your database operates in complete technical isolation via keys controlled by your account parameters, Topensol does not maintain administrative backups of your specific store contents or transactions. The Merchant bears sole and exclusive responsibility for regularly exporting and securing their own data, catalogs, and transactional records.
4. Subscription, Billing, and Taxes
- Access to the Service is provided on a recurring subscription basis, billed in advance for each billing period.
- Subscriptions renew automatically unless cancelled before the next billing date. You may cancel at any time through your account dashboard; cancellation takes effect at the end of the current paid period.
- Payment Processing: All subscription payments are processed securely via Stripe, a third-party payment gateway. Topensol does not collect, process, or store sensitive financial data, such as credit card numbers. All handling of payment data is subject to Stripe's terms and privacy policies. Topensol retains only transaction metadata and billing details required for statutory accounting and tax compliance under Czech law (Zákon o účetnictví).
- Prices are shown exclusive or inclusive of VAT as applicable to your jurisdiction and status. If you are a business entity subject to the reverse-charge mechanism within the EU, you must provide a valid VAT ID upon registration.
- We may change subscription pricing based on infrastructural cost increases or platform updates. Material price changes will be communicated at least 30 days in advance and will take effect on your next billing cycle.
- Failure to pay within the specified timeframe will result in immediate suspension of your store (putting it into read-only or offline mode) after a 7-day grace period, and eventual permanent deletion of the isolated database environment if payment is not resolved within 30 days of suspension.
5. Refund Policy and Statutory Right of Withdrawal
- General Rule: Because the Service grants immediate, active access to your store infrastructure upon payment — meaning your website layout goes live and infrastructure resources are provisioned immediately — payments for the current, already-commenced billing period are strictly non-refundable once the service for that period has begun. This represents a contract for the supply of digital content and services which are fully operational upon purchase.
- For Consumers (Natural Persons) in the EU/EEA: Under the EU Consumer Rights Directive and the Czech Civil Code (Občanský zákoník), consumers generally have a 14-day right of withdrawal from distance contracts. However, by subscribing and explicitly activating your store, you expressly request and agree that the execution of the Service begins immediately, and you explicitly acknowledge that you lose your statutory right of withdrawal once the Service has commenced. This waiver is confirmed by your explicit checkbox consent at checkout in accordance with Section 1837 of the Czech Civil Code.
- For Businesses (Legal Entities / Entrepreneurs): Statutory consumer withdrawal rights do not apply. The general non-refundable rule for commenced billing periods applies in full.
- Future Billing Periods: If you have prepaid for a future billing period (e.g., an annual upfront plan) that has not yet commenced at the time of cancellation, the unstarted period is eligible for a pro-rata refund upon written request. Once any specific billing period has started, it is non-refundable regardless of your actual usage or store activity during that period.
- Custom Development and Technical Setup Services: One-time fees for bespoke technical modifications, specialized integrations, or tailor-made modules are entirely non-refundable once work has actively commenced.
6. Merchant as the Sole Operator and Legal Entity
Because the Platform functions strictly as a technical utility, the Merchant operates entirely on their own behalf, using their own independent custom domain and routing configurations. The Merchant is the sole "Operator" and "Data Controller" of their online store.
Topensol is not a party to, nor liable for, any relations, contracts, or disputes between the Merchant and their end customers. The Merchant bears exclusive legal liability for compliance with consumer protection, tax reporting (including local electronic sales registration if applicable), GDPR/data privacy mandates, and product safety laws within all targeted jurisdictions.
7. Acceptable Use and Statutory Takedown Protocols
You may not use the technical infrastructure of the Service to distribute illegal goods, counterfeit products, weapons, unauthorized controlled substances, or assets infringing third-party intellectual property.
As a hosting provider, Topensol complies with statutory "Notice and Action" mechanisms under the EU Digital Services Act. While we do not preview content, if we receive an official notice or detect via automated security triggers a violation of law, systemic fraud, or an imminent threat to network stability, we reserve the absolute right to immediately suspend, isolate, or take offline the non-compliant store without prior notice. Such preventative suspension is executed strictly to protect the integrity of the underlying infrastructure and carries zero liability for Topensol regarding interrupted sales or lost data.
8. Intellectual Property and Absolute Exclusion of Liability for Merchant Operations
- Platform Proprietary Rights: The core SaaS architecture, routing mechanisms, database design logic, and source code remain the exclusive intellectual property of Topensol. Your subscription grants a limited, revocable right of technical usage, not a software license or transfer of copyright.
- Bespoke Development: Any custom modifications or modules engineered by Topensol for a Merchant remain our intellectual property, licensed non-exclusively to that specific Merchant solely within their isolated store environment.
- Absolute Exclusion of Co-Liability: Under no circumstances shall Topensol be held jointly, severally, or individually liable for the actions, omissions, legal breaches, contractual failures, or statutory violations committed by the Merchant. The Merchant acknowledges that Topensol exercises no operational control over the storefront, pricing, or data processing. Any claims raised by consumers, third parties, or regulatory authorities regarding a store's operations must be directed exclusively to the Merchant. The Merchant agrees that Topensol’s sole technical obligation is the maintenance of the core multi-tenant server availability, subject to the limitations in Section 9.
9. Service Availability, Maintenance, and Scope of Liability
We aim to maintain high availability of the core SaaS routing infrastructure but do not guarantee uninterrupted, secure, or error-free operations. The Service is provided entirely on an "as is" and "as available" basis.
- Scope of Platform Support: Topensol is responsible strictly for the uptime, security updates, and infrastructure maintenance of the core SaaS layer. We are not responsible for malfunctions, data isolation errors, or downtime caused by the Merchant’s database key misconfiguration, faulty third-party plug-ins, custom code errors, or operator mistakes.
- Exclusions: The following events do not constitute a breach of these Terms by Topensol and are completely excluded from any availability calculations or liability claims:
- Scheduled maintenance windows (communicated via the platform in advance where reasonably possible).
- Emergency maintenance required to isolate critical security infrastructure threats.
- Failures caused by upstream third-party providers (e.g., cloud hosting networks, data centers, DDoS mitigation platforms, Stripe gateway errors).
- Distributed Denial of Service (DDoS) attacks or cyber-warfare targeting the Platform.
- Force majeure events beyond our reasonable control.
10. Limitation of Liability
To the maximum extent permitted by applicable Czech law, Topensol's total aggregate liability arising out of or related to these Terms, the contract, or the Service for any single incident or series of connected incidents shall strictly not exceed the total amount you paid to Topensol for the Service in the one (1) month immediately preceding the event giving rise to liability.
Topensol shall not be liable under any circumstances for indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profit, loss of revenue, loss of business opportunity, commercial interruption, or loss of data, arising out of your use of or inability to use the Service.
Nothing in these Terms limits or excludes liability that cannot be excluded under mandatory Czech law, including liability caused by gross negligence, willful misconduct, or fraud.
11. Severability and Miscellaneous Business Provisions
- Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent court, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
- No Waiver: Failure by Topensol to enforce any right or provision of these Terms will not be considered a waiver of those rights.
- Entire Agreement: These Terms, together with the DPA and Privacy Policy, constitute the entire agreement between you and Topensol regarding the Service and supersede all prior verbal or written understandings.
12. Governing Law, Venue, and Dispute Resolution
These Terms and the legal relationship established hereunder are governed exclusively by the laws of the Czech Republic, excluding its conflict of laws principles.
- For Business Entities: Any disputes arising between Topensol and a business merchant out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of the Czech Republic in the district of Topensol’s registered office.
- For Consumers: Mandatory consumer-protection rights of your country of residence remain unaffected. Consumers may refer out-of-court disputes to the Czech Trade Inspection Authority (Česká obchodní inspekce, Štěpánská 44, 110 00 Prague 1, www.coi.cz) or utilize the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
13. Contact
Questions regarding these Terms of Service should be directed to: [email protected]
Last updated: 01.07.2026 — Topensol, Top Engineering Solutions s.r.o.