Terms of Service
for providing the Shop the Look add-on for the Upgates platform
These Terms and Conditions may also be made available in other language versions. Such versions are provided for convenience only. In the event of any discrepancy or inconsistency between language versions, the Czech version shall prevail.
- General Provisions
1.1. These General Terms and Conditions govern the rights and obligations of AgMg Creative s.r.o., IČO: 24425541, with its registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, registered in the Commercial Register maintained by the Regional Court in Brno, file number C 149657/KSBR, email: agmg@agmg.cz, phone: +420 799 015 058 (hereinafter referred to as the “Provider”), and customers in connection with the provision of the Shop the Look digital add-on for the Upgates platform (hereinafter referred to as the “Add-on”).
1.2. As of the effective date of these Terms and Conditions, the Provider is not a VAT payer.
1.3. These Terms and Conditions apply exclusively to contractual relationships between the Provider and persons who order and use the Add-on as part of their business activities or independent professional practice (hereinafter referred to as the “Customer”).
1.4. By submitting an order, the Customer confirms that they are ordering the Add-on as a business entity for the purposes of their business.
1.5. Any deviating provisions agreed upon individually between the Provider and the Customer shall take precedence over these Terms and Conditions.
1.6. These Terms and Conditions are an integral part of the contract concluded between the Provider and the Customer.
- Definition of the Service
2.1. The Provider provides the Customer with a digital Add-on designed for e-shops operated on the Upgates platform.
2.2. The Add-on enables, in particular:
a) creating individual Shop the Look elements,
b) tagging products in images using pins,
c) displaying information about tagged products and links to them,
d) within higher plans, creating Shop the Look groups and displaying multiple elements in a grid.
2.3. The provision of the Add-on includes:
a) access to features corresponding to the selected plan,
b) standard support within the scope set forth in these Terms and Conditions,
c) ongoing updates to the Add-on.
2.4. The provision of the Add-on does not include, in particular:
a) custom programming modifications,
b) custom development,
c) e-shop configuration beyond the scope of standard support,
d) code modifications at the Customer’s request,
e) other services not expressly listed as part of the selected plan.
2.5. Customized modifications may be arranged separately outside the scope of the subscription.
- Trial Version
3.1. After installing the Add-on, a 14-day trial of the highest-tier plan is automatically activated for all language versions of the e-shop.
3.2. The trial version is intended to allow you to test the Add-on’s features before ordering a paid subscription.
3.3. After the trial period expires, you are entitled to select and order a paid plan based on the current offer.
3.4. The Provider reserves the right to change or limit the parameters of the trial version or to terminate its provision.
- Plans and Pricing
4.1. The Provider offers the following plan options:
Basic
Single – 1 language version
Duo – 2 language versions
Multi – 3 or more language versions
Komplet
Single – 1 language version
Duo – 2 language versions
Multi – 3 or more language versions
4.2. Functional differences between plans:
a) Basic allows you to create up to 10 basic Shop the Looks per language version within the scope corresponding to the selected plan,
b) Complete allows you to create an unlimited number of Shop the Looks and also create groups of Shop the Looks.
4.3. Price List:
| Plan | Monthly price | Annual price |
|---|---|---|
| Basic Single | 200 CZK | 2 000 CZK |
| Basic Duo | 380 CZK | 3 800 CZK |
| Basic Multi | 500 CZK | 5 000 CZK |
| Komplet Single | 500 CZK | 5 000 CZK |
| Komplet Duo | 800 CZK | 8 000 CZK |
| Komplet Multi | 1 000 CZK | 10 000 CZK |
4.4. Prices are listed in Czech korunas.
4.5. The Provider reserves the right to change the price list, plan structure, and scope of features. Price changes do not affect subscription periods that have already been paid for.
4.6. The customer may choose a combination of plan, number of language versions, and subscription duration based on the current offer available in the Add-on environment.
- Conclusion of the Contract
5.1. The contractual relationship between the Provider and the Customer is established when the Customer orders the selected plan directly within the Add-on.
5.2. The order becomes binding upon its submission by the Customer.
5.3. Access to the trial version is granted immediately after installation of the Add-on.
5.4. Access to the paid subscription is granted upon successful receipt of payment, usually immediately, but no later than 15 minutes, unless prevented by a technical issue.
5.5. In the event of a technical issue during activation, the Customer is required to contact the Provider through the available contact channels.
- Payment Terms
6.1. Currently, payment for the subscription is possible via bank transfer. The Provider is entitled to add additional payment methods in the future, particularly card payments.
6.2. The subscription is activated upon receipt of payment or confirmation of successful payment processing by the relevant payment system.
6.3. An invoice or other tax document is sent to the Customer’s email address after payment and may also be accessed in the Add-on’s administration panel.
6.4. Unless expressly stated otherwise, the service is provided for the duration of the prepaid period.
- Delivery of Digital Content
7.1. The Add-on is provided as digital content or a digital service without a physical medium.
7.2. Delivery takes place electronically upon activation of the applicable plan within the Add-on environment.
7.3. The time of delivery is deemed to be the moment when the Customer is able to use the features corresponding to the selected plan.
- License and Scope of Rights
8.1. The Provider grants the Customer the non-exclusive right to use the Add-on solely for the ordered Upgates project, within the scope of the selected plan, and only for the duration of the subscription. The Customer is not authorized to transfer this right to another person.
8.2. The license is intended for one specific Upgates project of the Customer.
8.3. The scope of language versions is determined by the selected plan:
a) Single – 1 language version,
b) Duo – 2 language versions,
c) Multi – 3 or more language versions within a single Upgates project.
8.4. The Customer is not authorized to:
a) share, transfer, or resell the license,
b) grant sublicenses,
c) copy, distribute, or otherwise commercially exploit the Add-on beyond the agreed scope,
d) perform reverse engineering, decompilation, or other attempts to obtain the source code of the Add-on, unless such action is expressly permitted by law.
8.5. The Customer is entitled to modify the Add-on’s code solely at their own risk. In such a case, the Provider shall not be liable for the functionality, compatibility, security, or stability of the Add-on or the e-shop.
- Support and Service
9.1. The subscription includes standard support, to a reasonable extent, related to the use and basic configuration of the Add-on.
9.2. Standard support includes, in particular:
a) assistance with navigating the Add-on,
b) assistance with basic configuration,
c) explanation of features and their use,
d) resolution of common operational issues with the Add-on.
9.3. Standard support does not include, in particular:
a) custom programming modifications,
b) custom development,
c) modifications to third-party code,
d) interventions in the e-shop or other applications not directly related to the normal operation of the Add-on.
9.4. Support is provided via email, WhatsApp, and Messenger at any time, and by phone on business days from 10:00 a.m. to 4:00 p.m.
9.5. The Provider undertakes to use reasonable efforts to provide support without undue delay; however, it does not guarantee a specific response time unless otherwise agreed upon by the parties.
- Updates and Changes to the Add-on
10.1. The Provider is entitled to continuously modify, develop, update, and change the Add-on’s functions, appearance, or technical design.
10.2. The Provider is entitled to release fixes, security updates, technical changes, and functional improvements.
10.3. The Provider is not liable for any limitation of functionality or malfunction caused by:
a) changes on the part of the Upgates platform,
b) changes made by third parties,
c) incompatibility caused by the Customer’s e-shop environment,
d) interference by the Customer or a third party with the code,
e) force majeure or technical infrastructure outages.
10.4. If a change occurs on the part of the Upgates platform or another third party that causes a limitation in the functionality of the Add-on, the Provider undertakes to make reasonable efforts to remedy the situation within a reasonable time, but does not guarantee an immediate fix.
10.5. The Provider reserves the right to terminate the Add-on or any part thereof, particularly if necessary for technical, operational, legal, or business reasons. In such a case, Customers with active subscriptions will be provided with a reasonable solution appropriate to the nature of the situation.
- Service Availability
11.1. The Provider strives to ensure the highest possible availability of the Add-on’s administration interface.
11.2. However, the Provider does not guarantee uninterrupted availability without outages.
11.3. The Customer acknowledges that even in the event of an outage of the Add-on’s administration, outputs already uploaded to the e-shop may continue to function independently, provided their technical nature permits it.
11.4. The Provider is not liable for damages resulting from temporary unavailability of the service if such unavailability arose due to circumstances beyond its reasonable control or as a result of maintenance, updates, or third-party intervention.
- Liability for Defects and Complaints
12.1. The Customer is required to report defects or operational issues without undue delay after discovering them.
12.2. Defects may be reported via email, WhatsApp, or Messenger. For complaint-related communication, please use the email address agmg@agmg.cz.
12.3. When reporting a defect, the Customer is required to provide at least:
a) identification of their e-shop,
b) a description of the defect,
c) when and how the defect manifests itself,
d) screenshots, links, or other supporting materials necessary for assessment, if applicable.
12.4. The Provider is entitled to first offer a repair, correction, or other reasonable solution.
12.5. The following, in particular, are not considered defects:
a) temporary malfunction caused by a third-party modification,
b) a defect caused by the Customer’s improper intervention,
c) a defect arising from incompatibility with a custom-modified e-shop environment,
d) limitations corresponding to the technical nature of the service or the selected plan.
12.6. Custom modifications are governed by a separate agreement and are not part of this complaint procedure, unless expressly agreed otherwise.
- Limitation of Liability
13.1. The Provider shall be liable only for damages caused intentionally or through gross negligence, unless otherwise provided by mandatory law.
13.2. To the maximum extent permitted by law, the Provider shall not be liable for:
a) lost profits,
b) indirect, consequential, or special damages,
c) loss of data, loss of business opportunities, or loss of customers,
d) damages resulting from an interruption in the operation of the e-shop,
e) damages caused by third parties, in particular the Upgates platform or other external systems.
13.3. The Provider’s total liability for damages to a single Customer is limited to an amount corresponding to the subscription fee paid by that Customer during the 12 months preceding the occurrence of the damaging event.
13.4. The Provider is not liable for the consequences of the Customer’s interference with the Add-on’s code, its configuration, or connected systems.
13.5. The Customer is obligated to proceed with caution and perform adequate testing before implementing changes, modifications, or interventions in their e-shop.
13.6. The Provider is not liable for the consequences of content removal pursuant to these Terms and Conditions, particularly upon the termination of the subscription, its non-renewal, or the uninstallation of the Add-on.
- Customized Modifications
14.1. The Provider may offer the Customer customized modifications or enhancements to the Add-on based on a separate agreement.
14.2. Unless expressly agreed otherwise, such custom work is governed by a separate offer, order, contract, or email confirmation.
14.3. Custom modifications are not included in the standard subscription or standard support.
- Prohibited Conduct and Suspension of Service
15.1. The Customer may not use the Add-on in violation of any laws, these Terms and Conditions, or in any manner that could harm the Provider, other customers, or third parties.
15.2. The following, in particular, shall be considered a breach of these terms:
a) unauthorized sharing of the license,
b) resale or sublicensing,
c) circumvention of the license’s technical restrictions,
d) unauthorized interference with the system for the purpose of circumventing pricing or licensing restrictions,
e) misuse of support or communication channels.
15.3. In the event of a serious or repeated violation of these Terms, the Provider is entitled to temporarily suspend or terminate the Customer’s license or access.
15.4. This does not affect the Provider’s right to claim damages or take other legal action.
- Term, Renewal, and Termination
16.1. The contractual relationship shall remain in effect for the duration of the selected and paid subscription.
16.2. Before the end of the prepaid period, the Provider shall send the Customer a request for payment of the fee for the next period.
16.3. If the fee for the next period is paid properly and on time, the subscription will be extended for another period corresponding to the selected plan. After payment, an invoice will be issued to the Customer and sent to them via email and/or made available in the Add-on’s administration panel.
16.4. If the fee for the next period is not paid properly and on time, the Customer’s right to continue using the Add-on shall expire.
16.5. In the event of non-payment of the fee for the next period, all elements created via the Add-on will be removed from the Customer’s e-shop, in particular all Shop the Looks and their groups.
16.6. If the Add-on is uninstalled from the Customer’s e-shop, all elements created via the Add-on will be removed, in particular all Shop the Looks and their groups. The Customer acknowledges that such removal may be irreversible and that restoring this content may not be possible after uninstallation.
16.7. The Provider is entitled to terminate the contractual relationship or restrict the Customer’s access, in particular in the event of:
a) a breach of these Terms and Conditions,
b) unauthorized use of the Add-on,
c) a delay in payment of the price,
d) the cessation of the technical or legal possibility to continue providing the Add-on.
- Withdrawal from the Contract
17.1. These Terms and Conditions apply to contractual relationships between businesses.
17.2. The provision regarding a consumer’s right to withdraw from the contract without giving a reason within 14 days does not apply to these contractual relationships. The right to withdraw within 14 days is typically associated with consumer distance contracts, not generally with B2B relationships.
17.3. If, in exceptional cases, the Provider enters into a contract with a consumer, the contractual documentation and ordering process must be adapted to consumer regulations.
- Dispute Resolution and Governing Law
18.1. The legal relationship between the Provider and the Customer shall be governed by the laws of the Czech Republic.
18.2. The parties shall first attempt to resolve any disputes amicably.
18.3. If an amicable resolution is not possible, disputes shall be decided by the courts of the Czech Republic having subject-matter and territorial jurisdiction.
18.4. Out-of-court dispute resolution with the Czech Trade Inspection Authority applies to consumer disputes. For purely B2B relationships, the standard ADR procedure administered by the Czech Trade Inspection Authority does not apply.
- Final Provisions
19.1. The Provider is entitled to unilaterally amend or supplement these Terms and Conditions.
19.2. The new version of the Terms and Conditions shall take effect on the date of publication, unless a later effective date is specified.
19.3. Unless otherwise agreed between the parties, the version of the Terms and Conditions effective as of the date of ordering the relevant plan shall apply to contractual relationships already established.
19.4. If any provision of these Terms and Conditions is invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.
19.5. These Terms and Conditions shall take effect on April 15, 2026.