Terms of Service

1. Definitions

• Service: Random Assistant, the web application, APIs, and any related software, content, and documentation we provide.
• Account Owner: the user who holds the owner role in your account and acts for you in it.
• Customer Data: data you connect, upload, or otherwise transmit to the Service, including data accessed with your authorisation from third-party services you connect (for example Gmail, Outlook, Google Calendar, HubSpot).
• Subscription: the paid plan you select for your account, including its free trial.
• Order Form: a written order signed by both parties that references these Terms.
• Personal Data: any information relating to an identified or identifiable natural person, as defined in Art 4(1) GDPR.
• Data Processing Agreement: our data processing agreement at /legal/dpa, which is part of this contract (Section 8).
• Sub-processor: a third party we engage to process Customer Data; the current list is at /legal/processors.

2. Who the Customer is & account

Who the Customer is. If you accept these Terms with an email address of your employer or another organisation, you accept them on its behalf and confirm that you are authorised to bind it; the organisation is then the Customer. If you are not authorised to bind the organisation and it does not approve the purchase, you are bound as the law provides for a person acting without authority. If you chose ‘Me, personally’ at checkout, you are the Customer. Business Customers confirm that they act within their trade or profession. Consumers (natural persons acting outside their trade or profession) have the rights in Section 22 whatever they selected. If you use an email address of an organisation, that organisation may later verify its domain and ask us to transfer or claim workspaces created with its addresses; we tell you 30 days in advance, and a personal Subscription then ends with a refund of the unused period. Connect only accounts you are allowed to connect; if an account belongs to your employer, its administrator may ask us to disconnect it and delete its data.

Giving a VAT identification number is optional for business Customers in the EU; not giving one does not change a business Customer's confirmation that it acts within its trade or profession.

You are responsible for keeping your credentials confidential and for all activity on your account. Notify us immediately at security@random-assistant.com of any unauthorised access.

3. Your content & license

You retain all rights to your Customer Data. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and adapt Customer Data solely as needed to deliver the Service to you and as instructed by you. We do not use your Customer Data to train AI models (see the Data Processing Agreement).

4. Acceptable use

You agree not to:

• use the Service to send spam, harass, defraud, or violate any applicable law;
• upload malware, attempt to gain unauthorized access to the Service or other tenants' data, or interfere with the Service's operation;
• reverse-engineer, decompile, or attempt to extract source code from the Service except as permitted by mandatory law;
• resell, sublicense, or whitelabel the Service without our written consent;
• upload Customer Data you do not have the legal right to share with us, or direct the Service at special-category data under GDPR Art 9 unless explicitly contracted (special-category data that appears incidentally in connected accounts is covered by the Data Processing Agreement);
• use the Service in clinical, life-safety, or other high-risk environments without a separate written agreement, or for any use excluded in Section 11.

We may suspend access for material breach of this section after reasonable notice (or without notice for security emergencies).

5. Fees, invoicing, and taxes

• Fees are stated in euros and are payable in advance for each billing period through Stripe. For business Customers they are exclusive of VAT and other taxes; for consumers the prices shown are final prices (Section 22). Fees are listed in the order form or at checkout. Billing is monthly or annual; Subscriptions renew automatically unless cancelled before the end of the current period.
• VAT: Random Solutions s.r.o. is registered for VAT purposes in the Czech Republic as an identified person (identifikovaná osoba) and is not a Czech VAT payer, so no Czech VAT is added to the Fees. If you are established in another EU Member State and give us a VAT identification number that is confirmed as valid in the EU VIES system, you account for VAT under the reverse-charge mechanism (Articles 44 and 196 of Directive 2006/112/EC). If you give none, or it is not confirmed, we invoice you without VAT for as long as the law allows (Article 18 of Implementing Regulation (EU) No 282/2011; § 10i(3) of the Czech VAT Act); once the VAT of your Member State applies to our services, we add it to the Fees at the rate in force. We tell you by email at least 30 days before the first invoice that includes it; until then you can give us your VAT identification number, if you have one, or end the Subscription at the end of the current billing period. You can add your VAT identification number at any time; it applies to invoices issued after it is confirmed, and earlier invoices are not changed. For Customers outside the EU, any tax due in their country is their responsibility. If we become a Czech VAT payer, Czech VAT will be added from that date wherever it applies to our services (Czech Customers, and EU Customers without a confirmed VAT identification number while our services to them are taxed in the Czech Republic). Adding VAT that the law requires is not a price change.
• Invoices are issued electronically (PDF through Stripe); you consent to electronic invoicing.
• Price changes: we may change Fees with at least 60 days' written notice; changes apply from your next renewal. If you object, you may terminate the Subscription with effect from the end of the current billing period. Prices in an order form are fixed for its initial term.
• Referral discount: if your workspace signed up with a referral code (from one of our partners or a Refer-a-Friend invite) and the code is still active when you first subscribe, you get 10 % off the first payment of that Subscription. It applies once, only to a workspace that has never had a Subscription, and has no cash value; later payments are at the full Fees.
• Founding Customers: the first 25 Customers whose first payment for a Subscription we receive are Founding Customers, counting only Subscriptions started, including the free trial, by 31 October 2026, 23:59 CET. A free trial started by then that converts into a paid Subscription at the end of the trial qualifies. A first payment that is refunded or charged back does not count, and its place passes to the next qualifying Customer. Workspaces on a complimentary or pilot arrangement, and Customers with a partner agreement, have their own arrangements: they are not Founding Customers, receive none of the benefits below, and do not take one of the 25 places. We confirm the status to every qualifying Customer by email within 14 days of its first payment, or of the place passing to it. A Founding Customer receives:
  • Setup: a guided setup of your workspace by our team, free of charge, at a time agreed with you.
  • Price lock: for 24 months from the start of your first paid billing period, the list price of your plan does not rise: you keep the list prices in force on the day of your first payment, for the plan you hold and for any other plan that existed on that day if you move to it. A price change under “Price changes” above does not apply to you during those 24 months. VAT and other taxes added as this Section requires are not a price rise, and neither is the end of a one-time discount, such as a referral discount. The price lock ends if your Subscription ends, and does not return if you subscribe again.
  • Founding Member status: a direct line to the founders and the chance to give input on the roadmap; input does not oblige us to build anything. We show your name, logo or a quote on our website only with your prior written consent, which you can withdraw at any time; we then remove it promptly.
  Founding Customer status includes no discount on the Fees and can be combined with a referral discount. It ends, with all its benefits, when your Subscription ends, and does not return if you subscribe again. It belongs to the Customer and passes only with this contract (Section 20).
• Refunds: fees already paid are non-refundable except where this agreement or mandatory law provides otherwise. If we materially fail to provide the Service and do not remedy that failure within a reasonable time after you notify us, you may cancel the affected Subscription and receive a pro-rated refund of prepaid fees for the unused remainder of the current period.
• Past-due: we may suspend access for accounts past due more than 14 days after written notice.

6. Beta and free trial

Beta. The Service is offered as a beta version. Features may change or be removed as the Service develops. Beta gives no availability commitment beyond Section 7, and it does not change the rest of these Terms: paid plans remain the production Service, including for Section 17. If a change removes or materially reduces a feature of the plan you pay for, other than a feature that was already marked as beta inside the Service when it became available to you, we tell you at least 30 days before it takes effect, and Section 18 applies, including your right to terminate with a pro-rata refund of prepaid fees.

The free trial and features marked as beta inside the Service from the moment they became available to you are provided AS-IS without warranty and may be modified, suspended, or discontinued at any time. SLAs do not apply to the free trial or to features marked as beta.

7. Service level (paid tiers)

We target 99.5% monthly availability for paid tiers, measured excluding scheduled maintenance announced in advance and events outside our reasonable control. This target is a service objective and does not by itself create a right to service credits unless a separate written order form provides for them. The free trial and features marked as beta carry no availability commitment.

8. Data protection

Our processing of personal data on your behalf is governed by the Data Processing Agreement, which is part of this contract under GDPR Art 28. The sub-processor list at /legal/processors is maintained and changed under the Data Processing Agreement. The Privacy Policy is an information notice and is not part of the contract.

Third-party services you connect (your CRM, calendar, mailbox, and similar) are not our sub-processors: they run under your agreement with that provider, and we send data to them only on your instruction. Connecting a service is that instruction.

9. Confidentiality

Each party will protect the other's Confidential Information using the same standard of care it uses for its own (no less than reasonable care). Confidential Information does not include information that is public, independently developed, or rightfully obtained from a third party without confidentiality obligations.

10. Intellectual property

The Service, including its software, design, content, and trademarks, is owned by us or our licensors. Except for the rights expressly granted in these Terms, no license is granted to you under any of our intellectual property.

11. AI output & AI use

The Service generates briefs, summaries, prep packets, draft emails, and other AI-assisted output (“AI Output”). AI Output is advisory and may be inaccurate or incomplete. Drafts, follow-ups and tasks are proposals that a person reviews and approves before they are sent, unless you set up a workflow that sends on its own; you are responsible for that workflow's output. The Service does not make solely automated decisions producing legal or similarly significant effects on data subjects (GDPR Art 22).

Roles. We are the provider of the Service as an AI system under Regulation (EU) 2024/1689; you are its deployer and are responsible for lawful use, human oversight, and informing your staff and other persons as that Regulation requires.

Excluded uses. You will not use the Service (a) to monitor, evaluate, rank, allocate work to, or make decisions about employees, contractors or job candidates; (b) to infer the emotions or intentions of persons in a workplace or educational setting; (c) for any other use listed in Annex III or prohibited by Article 5 of that Regulation; (d) to publish AI-generated text to inform the public on matters of public interest without the disclosure Article 50(4) requires; or (e) in a way that changes the intended purpose of the Service so that it becomes high-risk. If the Service attaches AI-generated-content marking or provenance data to an output, you will not remove it.

Models. AI Output is produced by third-party models named in Annex III of the Data Processing Agreement, whose behaviour we do not fully control; that list changes only under the Data Processing Agreement.

12. Electronic signatures

Where the Service sends documents for signature (through Documenso, which we host ourselves on our own infrastructure in the EU), the result is an electronic signature under Regulation (EU) No 910/2014 (eIDAS): a simple or advanced electronic signature (SES/AES) accompanied by a tamper-evident audit trail. We do not issue qualified electronic signatures (QES), which require a qualified trust service provider and verified signatory identity. Some contracts under national law (for example certain real-estate, employment-termination, and consumer-credit cases in Germany, Austria, and Czechia) require a specific form or a QES. You are responsible for confirming that an electronic signature is legally sufficient for your intended use.

13. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI Output will be accurate or fit for your particular use.

14. Limitation of liability

Except as stated below, each party's aggregate liability arising out of or relating to this contract in any 12-month period is limited to the Fees paid or payable in the 12 months preceding the first event giving rise to liability, or EUR 1,000 if greater. Neither party is liable for lost profits, lost revenue, loss of business, or indirect or consequential loss. For breach of the Data Processing Agreement or Section 9 (Confidentiality) the cap is two times that amount.

Nothing limits liability (a) for harm caused intentionally or by gross negligence, (b) for harm to a natural person's natural rights (§ 2898 Czech Civil Code), (c) for fraud, or (d) that cannot be limited under applicable mandatory law. This section does not limit either party's liability to data subjects under Art 82 GDPR or to supervisory authorities.

15. Indemnification

You will defend and indemnify us against third-party claims caused by your breach of Sections 3 or 4 or of applicable law. We will defend and indemnify you against third-party claims that the unmodified Service infringes their intellectual property, except for claims caused by combinations, modifications, or use in breach of these Terms.

Each indemnity requires prompt notice, control of the defence by the indemnifying party, and reasonable cooperation; the indemnifying party will not settle in a way that imposes obligations on the other party without its consent. Except for intentional or grossly negligent breach, each indemnity is subject to the cap in Section 14.

16. Term, suspension, and termination

• This contract applies from acceptance until it ends as set out below.
• You may cancel your Subscription at any time from the dashboard or by emailing support@random-assistant.com. Cancellation takes effect at the end of the current billing period.
• Either party may terminate for material breach that is not cured within 15 days of written notice describing it. No cure period applies to breaches of Section 4 that cannot be cured, to non-payment continuing 14 days after a reminder, or where continued service would expose us to legal or security risk. Either party may terminate if the other becomes insolvent.
• On termination, Section 17 applies to your data, and we then delete it as described in the Data Processing Agreement.
• If you have a subscription, cancel it before you request deletion of your account; we then delete it as described in the Privacy Policy.

17. Switching and exit

This section implements Chapter VI of Regulation (EU) 2023/2854 (Data Act).

• Notice. You may at any time tell us that you want to switch to another provider or to your own infrastructure, or to have your data erased. The notice period is 30 days from our receipt of your notice.
• Transitional period. When the notice period ends, a transitional period of up to 30 calendar days begins. During it the contract continues, we give reasonable help to you and to third parties you authorise, keep the Service running securely, and tell you about known risks to continuity. You may extend it once for a period you consider appropriate. If 30 days is technically unfeasible we will tell you within 14 working days, with reasons and an alternative period of no more than 7 months.
• Exportable data. All input and output data and metadata created by your use of the Service: the connected-account content we store, AI Output, memory entries, Data Room documents and signed documents, CRM records, settings and workflow definitions, and account data. The formats, and which of them are self-service today, are listed at /legal/data-formats. Data not included in the self-service export is delivered on request to privacy@random-assistant.com within the transitional period.
• Retrieval and erasure. After the transitional period you have at least 30 calendar days to retrieve your data. We then erase all exportable data as described in the Data Processing Agreement, except records we must keep by law.
• Charges. No switching or export charges apply.
• End of contract. The contract ends when switching is complete or, if you chose erasure, at the end of the notice period; we confirm the termination in writing.
• Beta. Features offered as a non-production version for testing and evaluation for a limited period are exempt from this section (Art. 31(2) Data Act); the free trial and all paid plans are not.

Information under Article 28 of the Data Act (where our ICT infrastructure is located and how data is protected against unlawful third-country government access) is published in Section 7 of our Trust Center and forms part of this contract.

18. Changes to the Service or Terms

We may amend these Terms, the Data Processing Agreement, or the Service to a reasonable extent for these reasons: changes in law or regulatory guidance, security, changes to third-party services we depend on, new or changed features, or correction of errors. We will notify the account owner by email at least 30 days before a change takes effect and record it in a change log. If you do not agree, you may reject the change and terminate the affected Subscription with effect from the date the change would take effect, by notice to us before that date; we then refund prepaid fees pro rata for the unused period, and no fee or other burden is attached to that termination. Changes that only benefit you or that the law requires may take effect on notice.

19. Governing law & disputes

This contract is governed by the law of the Czech Republic, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The Czech courts with jurisdiction for our registered office (Brno) have exclusive jurisdiction; either party may seek interim relief in any competent court.

20. Miscellaneous

• Order of precedence. If documents conflict: (1) an order form, (2) the Data Processing Agreement for personal-data matters, (3) these Terms, (4) documentation.
• Language. These Terms are made in English; any translation is for convenience and the English text prevails.
• Survival. Sections 9, 10, 11, 13, 14, 15, 17, 19 and 22 survive termination.
• Assignment. You may not assign this contract without our written consent (except to a successor in a corporate transaction). We may assign it on notice to you.
• Severability. If any provision is unenforceable, the rest remains in force.
• No waiver. Failure to enforce a provision is not a waiver.
• Notices. Notices to you may be sent by email to your account owner's address. Notices to us must be sent to Random Solutions s.r.o., Nové sady 988/2, 602 00 Brno, Czech Republic.
• Force majeure. Neither party is liable for failure to perform due to events beyond reasonable control.
• No agency. Nothing in this contract creates a partnership, agency, joint venture, or employment relationship.
• Digital Services Act. We do not moderate Customer Data. Our single point of contact for authorities and users under Regulation (EU) 2022/2065 is legal@random-assistant.com.

21. Contact

Questions about these Terms: legal@random-assistant.com.

22. Consumers

This Section applies if you are a consumer (a natural person acting outside your trade or profession) and prevails over the rest of these Terms. Our consumer information sets out the details.

• Your rights stay. What you selected or confirmed under Section 2 does not remove any right the law gives you as a consumer.
• Prices. The prices shown to you are final prices; if VAT ever has to be added, we tell you at least 30 days before the first invoice that includes it, and you may end the Subscription before then.
• Withdrawal. You may withdraw from the contract within 14 days of its conclusion without giving a reason, with the button “Withdraw from contract here” in Settings > Plan & billing (shown if you chose ‘Me, personally’ at checkout), by email to support@random-assistant.com, or with the model form in our consumer information, and we then refund everything you paid.
• Conformity. The disclaimers in Sections 6 and 13 do not apply to you; the Service, including the free trial and features marked as beta, conforms to the contract as the law requires.
• Liability. Section 14 does not limit our liability to you; we are liable to you as the law provides. Your liability to us is limited as Section 14 says.
• Yearly plans. After the first year of a yearly plan you may end it at the end of any month, and we refund the months you paid for but did not use.
• Law and courts. Despite Section 19, you keep the protection of the mandatory law of the country where you live, you may sue us in the courts of that country or of the Czech Republic, and we may sue you only in the courts of your country.
• Language. Despite Section 20, you may rely on our consumer information in German (/legal/verbraucher) or Czech (/legal/spotrebitel).
• AI use. If you use the Service for personal purposes, you are not a “deployer” under Section 11 (Article 3(4) of Regulation (EU) 2024/1689).
• Changes. We change the Service for you only for a reason listed in Section 18 and at no extra cost; if a change harms your access to or use of the Service more than slightly, you may end the contract free of charge within 30 days of our notice or of the change, whichever is later, and we refund the unused period.
• Price changes. A price change under Section 5 applies to you only if you agree to it; if you do not agree before the change date, your Subscription ends at the end of the billing period before the change.
• Transfer. If we transfer this contract to another company, we tell you first and you may end it free of charge with a refund of the unused period.
• Data. As a consumer you use the Service for personal purposes: we process the data in the accounts you connect as controller under our Privacy Policy; Section 8 and the Data Processing Agreement do not apply to that processing.
• Disputes. For the out-of-court resolution of a consumer dispute you can turn to Česká obchodní inspekce, www.coi.cz.