Terms of Service

1. Agreement to Terms

By accessing or using Illumate UI (operated by Patrik Duch s.r.o., IČO: 24091090, with its registered office in the Czech Republic, hereinafter "Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms are governed by the laws of the Czech Republic and, where applicable, by the regulations of the European Union. If you do not agree to these Terms, please do not use our service.

2. Description of Service

Illumate UI provides a platform for creating interactive product tours and user onboarding experiences for websites. Our service provides a visual editor for creating guided tours. The editor includes a preview tool for loading websites and creating guided tours with hint bubbles and interactive elements.

3. Proxy Editor & Website Authorization

The proxy-based editor ("Editor Mode") is provided solely for the purpose of designing and previewing guided tours. It is not intended for public distribution, republishing, or creating derivative works of third-party website content. No website content is permanently stored, cached, or redistributed by our servers.

You may only use the Service on websites that you own, operate, or have explicit written authorization to modify. You are solely responsible for ensuring you have the necessary rights and permissions to create tours on any target website.

Preview links generated through the proxy editor are intended for internal team review only and may be subject to expiration and access restrictions. Public-facing deployment of guided tours requires installation of the Illumate UI snippet code on your own authorized website.

4. User Accounts

To use our service, you must:

• Create an account with accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be at least 18 years old or have parental consent
• Accept full responsibility for all activities under your account

5. Acceptable Use

You agree not to:

• Use the service for any illegal purpose
• Violate any third-party rights, including intellectual property rights
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service
• Create tours for websites without proper authorization
• Use the service to distribute malware or harmful content
• Bypass or circumvent built-in safety mechanisms, including click-action restrictions
• Use browser developer tools, console, or scripts to manipulate or override the service's default behavior on third-party websites
• Use the service to automatically submit forms, trigger payments, delete data, or perform any destructive actions on third-party websites
• Use the proxy editor to publicly distribute, republish, or mirror third-party website content
• Share proxy-based preview links publicly or with unauthorized third parties
• Access, scrape, or redistribute content from websites you do not own or have authorization to modify

6. Tour Interactions and Safety Restrictions

Illumate UI provides form auto-fill and element highlighting capabilities for use within interactive tours. By default, the service blocks automatic click actions on submit buttons, payment forms, and other potentially destructive elements on third-party websites.

When loading third-party websites within the tour builder, Illumate UI makes HTTP requests solely for the purpose of rendering and displaying page content. These requests are read-only and do not trigger any modifications, form submissions, or state changes on the target website.

You acknowledge and agree that:

• Auto-fill actions are intended for demonstration and onboarding purposes only
• Page loading requests are passive and do not perform any write operations on third-party websites
• You are solely responsible for any consequences resulting from bypassing or modifying the service's built-in safety restrictions through browser console, scripts, or any other means
• Illumate UI bears no liability for any unauthorized actions performed on third-party websites through manipulation of the service's default behavior
• You must obtain proper authorization from website owners before creating tours that interact with their forms or elements

7. Indemnification

You agree to indemnify, defend, and hold harmless Illumate UI, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of third parties, including website owners
• Any tours you create that cause harm to third parties
• Your circumvention of safety restrictions
• Any claims by third-party website owners related to your use of the proxy feature
• Your failure to obtain proper authorization for tour creation

8. Intellectual Property

The Illumate UI service, including its original content, features, and functionality, is owned by Patrik Duch s.r.o. and is protected by Czech, European Union, and international copyright and intellectual property laws. You retain ownership of the tours you create using our service.

9. DMCA & Takedown Requests

We respect the intellectual property rights of others. If you believe that content accessible through our Service infringes your rights, please contact us with a detailed description. Upon receiving a valid takedown request, we will promptly remove or disable access to the relevant content. We reserve the right to disable proxy access to any website at the request of its owner.

For EU users: this provision also applies in accordance with Directive 2000/31/EC (E-Commerce Directive) and Regulation (EU) 2022/2065 (Digital Services Act). We act as an intermediary service provider and will respond to lawful orders from competent authorities within the EU.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties that the proxy feature will work with all websites
• Warranties regarding the accuracy or reliability of any information
• Warranties that tours will display correctly on all browsers or devices

You use the Service at your own risk. We do not guarantee compatibility with any third-party website. For consumers within the EU/EEA, this disclaimer does not affect your statutory rights under applicable consumer protection laws, including Directive 2011/83/EU (Consumer Rights Directive).

10.1 Billing, Payments & Refunds

All purchases are final unless otherwise stated. You may cancel your subscription at any time through your account settings or billing portal. Cancellation will take effect at the end of the current billing period, and you will retain access to the Service until that time. No further charges will be applied after cancellation.

Refunds may be granted at our sole discretion and are not guaranteed. Following a refund, we may temporarily restrict new purchases or re-subscriptions on the associated account for a reasonable period (typically up to 30 days) in order to prevent abuse of the Service. We reserve the right to deny refund requests in cases of suspected abuse, excessive usage, or violation of these Terms.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING CZECH LAW (ACT NO. 89/2012 SB., CIVIL CODE) AND EU LAW:

• Illumate UI shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• This includes damages for loss of profits, data, goodwill, or other intangible losses
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim, or €100 EUR, whichever is greater
• We are not liable for any actions taken on third-party websites through the Service
• We are not liable for damages caused by your circumvention of safety features

Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable Czech or EU law.

12. Third-Party Websites

The Service allows you to interact with third-party websites. You acknowledge that:

• We have no control over third-party websites and are not responsible for their content, privacy policies, or practices
• Your interactions with third-party websites are solely between you and the website owner
• We do not endorse or assume any responsibility for third-party websites
• You must comply with the terms of service of any third-party website you access through our Service
• Any legal issues arising from your use of third-party websites are your sole responsibility

We do not host, store, cache, or redistribute third-party website content as part of the Service. All website previews are rendered temporarily and solely for the purpose of tour creation. No copies of third-party content are retained on our servers after the preview session ends.

13. Data Protection and Privacy

When using the Service to create tours, you may collect data from end users. You agree to:

• Comply with all applicable data protection laws
• Obtain necessary consents from end users before collecting their data
• Provide appropriate privacy notices to end users
• Not collect sensitive personal data without explicit consent
• Handle all collected data in accordance with applicable laws

Illumate UI is not responsible for your compliance with data protection laws.

You act as a data controller for any data collected through tours created using the Service. Illumate UI acts solely as a data processor on your behalf. You are responsible for establishing the legal basis for processing, providing privacy notices, and fulfilling data subject rights requests.

13.1 European Union — GDPR (Regulation (EU) 2016/679)

Illumate UI is operated by Patrik Duch s.r.o., a company registered in the Czech Republic, a member state of the European Union. As such, the processing of personal data through the Service is subject to the General Data Protection Regulation (GDPR). The competent supervisory authority is the Czech Office for Personal Data Protection (ÚOOÚ, www.uoou.cz).

When you use Illumate UI to create tours that collect or process personal data of end users:

• You are the data controller (Article 4(7) GDPR); Illumate UI acts as your data processor (Article 4(8) and Article 28 GDPR)
• You must establish a lawful basis for processing (e.g., consent, legitimate interest) under Article 6 GDPR
• You are responsible for responding to data subject access requests (DSAR) under Articles 15–22 GDPR, including the right of access, rectification, erasure, restriction, portability, and objection
• You must maintain a record of processing activities as required by Article 30 GDPR
• In the event of a personal data breach, you must notify the relevant supervisory authority within 72 hours as required by Article 33 GDPR, and affected data subjects without undue delay under Article 34 GDPR where applicable
• If you transfer personal data outside the EEA, you must ensure appropriate safeguards are in place (e.g., Standard Contractual Clauses, adequacy decisions) under Chapter V GDPR
• Where required, you must conduct a Data Protection Impact Assessment (DPIA) under Article 35 GDPR
• If required by Article 37 GDPR, you must appoint a Data Protection Officer (DPO)

Illumate UI processes personal data on behalf of customers in accordance with its Data Processing Agreement (DPA), available upon request at legal@illumateui.app. We implement appropriate technical and organizational measures in accordance with Article 32 GDPR.

13.2 California — CCPA / CPRA

If you or your end users are California residents, the following applies under the California Consumer Privacy Act (CCPA, Cal. Civ. Code §1798.100 et seq.) as amended by the California Privacy Rights Act (CPRA):

• You are the "business" responsible for compliance; Illumate UI acts as a "service provider" as defined under CCPA §1798.140(ag)
• You must provide California consumers with a clear privacy notice including the categories of personal information collected and the purposes of collection
• You must honor consumer requests to know, delete, correct, and opt-out of the sale or sharing of personal information
• You may not sell or share personal information collected through the Service without explicit consumer consent
• You must provide a "Do Not Sell or Share My Personal Information" link where required
• Illumate UI will not retain, use, or disclose personal information for any purpose other than performing services specified in your agreement with us
• Illumate UI will not combine personal information received from you with personal information from other sources, except as permitted under CCPA

13.3 Other Jurisdictions

If you or your end users are subject to other data protection laws (e.g., UK GDPR, LGPD in Brazil, PIPA in South Korea, PIPEDA in Canada), you are solely responsible for ensuring your use of the Service complies with all applicable requirements. Illumate UI will cooperate in good faith with reasonable requests related to data protection compliance.

14. Termination

We reserve the right to terminate or suspend your account immediately, without prior notice, for:

• Violations of these Terms
• Suspected fraudulent or illegal activity
• Complaints from third-party website owners
• Circumvention of safety restrictions
• Any other reason at our sole discretion

Upon termination, your right to use the Service will immediately cease. We may delete your data in accordance with our data retention policies and applicable law. For EU users, termination does not affect your rights under GDPR regarding personal data previously processed.

15. Dispute Resolution

Informal Resolution: Before filing any legal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

Governing Law: These Terms are governed by and construed in accordance with the laws of the Czech Republic, without regard to conflict of law provisions. For matters within the scope of EU law, the applicable EU regulations shall take precedence.

Jurisdiction: Any disputes arising from these Terms shall be submitted to the competent courts of the Czech Republic. For consumers within the EU/EEA, this does not affect your right to bring proceedings in the courts of your member state of residence in accordance with Regulation (EU) No 1215/2012 (Brussels I Recast).

EU Online Dispute Resolution: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated to participate in alternative dispute resolution proceedings before a consumer arbitration body, but may choose to do so voluntarily.

Class Action Waiver (non-EU users): To the extent permitted by applicable law, you agree that any proceedings will be conducted only on an individual basis and not as a class action or representative action.

16. Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuation. We do not guarantee any specific uptime or availability.

17. Changes to Terms

We may modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and, where required by applicable law, by email notification. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service.

18. General Provisions

Severability: If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement: These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Illumate UI regarding the Service.

No Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights at any time.

Language: These Terms are drafted in English. In the event of any discrepancy between translated versions and the English original, the English version shall prevail.

19. Contact Us

If you have any questions about these Terms of Service, please contact us at: