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Version 1.0 · 16 November 2026
1.1 These Appmixer “Software as a Service” Terms and Conditions (“Terms”) apply to the agreement entered into between the Customer (as defined below) and the Provider (as defined below) (the “Agreement”), and set out the terms and conditions under which the Provider will grant the Customer access to the Software (as defined below) and provide other services.
1.2 The Customer’s and Provider’s acceptance of the Order (as defined below) shall constitute a binding Agreement between the Customer and the Provider.
1.3 These Terms, the Schedules hereto and any other documents, provisions and policies referred to in these Terms form an integral part of the Agreement.
2.1 The Provider undertakes, under the conditions specified in these Terms and for the duration of the Subscription Term (as defined below) to, in particular:
2.2 The Customer undertakes in particular to:
3.1 “Appmixer” shall mean a software and technology for building automation workflows and integrations.
3.2 “Authorised User” means any Customer’s employee, subcontractor or other person designated by Customer who has been granted access to and the right to use the SaaS Services through necessary access credentials provided by the Provider.
3.3 “Customer” means the entity identified as a customer in the Order.
3.4 “Customer Application” means the software application or SaaS product developed and operated by Customer into which the Software is integrated (utilizing Redistributables and Integration Components) to provide automation functionality to End Users.
3.5 “Data Message” means an individual unit of information or a data packet transmitted between two components (such as connector triggers, actions or utilities) during the execution of a workflow within the Software or Customer Application. Each such individual transmission constitutes one Data Message for the purpose of calculating Usage-based Fees (see Article 11.4).
3.6 “Documentation” means user guides, online help, release notes, training materials, and any other documentation related to the use or operation of the Software or SaaS Services.
3.7 “Effective Date” means the date on which the Order was accepted by both Parties.
3.8 “End Users” means Customer’s customers or authorized users who access integration or automation functionality within the Customer Application.
3.9 “Host” means the computer equipment on which the Software is installed which is owned and operated by the Provider or its subcontractors (e.g. Amazon Web Services).
3.10 “Order” means the completed order form for provision of the SaaS Services and Support and Maintenance Services accepted by both Parties.
3.11 “Party” shall mean the Customer or the Provider respectively.
3.12 “Parties” shall mean collectively Customer and the Provider.
3.13 “Provider” means Appmixer s.r.o., with its registered seat: Pernerova 697/35, KarlĂn, 186 00 Praha 8, Czech Republic, company ID: 23916664, or (as the case may be) other entity identified as the provider of services in the Order.
3.14 “Price List” means the list of generally applicable Subscription Fee(s) made available on the Provider’s website or otherwise made available to the public, which can be amended by the Provider from time to time.
3.15 “Redistributables” means (a) the object code form of portions of the Software, which portions are described as such in the Documentation and are usually provided as obfuscated JavaScript files, and (b) also the source code or object code form of the Sample Code as originally supplied to, or as modified by, the Customer. For the avoidance of doubt, obfuscated JavaScript files are considered to be object code and not source code.
3.16 “Services” means collectively SaaS Services and Support and Maintenance Services.
3.17 “SaaS Services” means services described in Article 4 hereof.
3.18 “Sample Code” means the source code examples, snippets, and demonstration projects provided by the Provider in the Documentation or via the Software, intended to illustrate the use or integration of the Software and meant to be copied or modified by the Customer for use within the Customer Application.
3.19 “Service Level Agreement” or “SLA” means the agreement that outlines guaranteed service levels of the SaaS Services, as specified in Schedule No. 1.
3.20 “Software” means the Appmixer integration and workflow automation platform, including all Redistributables, operated by Provider and made available to Customer as a cloud-based service.
3.21 “Subscription Fee” means a fee that the Customer shall pay to the Provider for provision of the Services.
3.22 “Subscription Term” means the period during which Customer is authorized to access and use the Services under this Agreement, as specified in the applicable Order, including any renewal periods unless terminated in accordance with this Agreement.
3.23 “Support and Maintenance Services” means the support and maintenance services provided by the Provider to Customer as outlined in separate Support and Maintenance Services Terms.
3.24 “User” means collectively the Virtual User and the Authorised User.
3.25 “Virtual User” means a unique account or digital identity created by the Customer within the Software (typically via API) that represents an End User or an internal team member. A Virtual User profile serves to isolate and manage that specific individual’s third-party credentials, configuration settings, and automated workflows within the Customer Application.
4.1 Gender and Number: References to any gender include all genders, and references to the singular include the plural and vice versa.
4.2 Inclusive Language: Any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the generality of the preceding words.
4.3 Legislative References: Except where expressly stated otherwise, references to any law, regulation, statute, code, or other legislative or regulatory enactment shall be deemed to include any amendments, modifications, re-enactments, or extensions thereof, as well as any subordinate legislation made thereunder, whether enacted before or after the date of this Agreement.
4.4 Headings: Headings are inserted for convenience only and shall not affect the interpretation or construction of this Agreement.
4.5 Days, Business Days, Months and Time Calculation:
4.6 Precedence of Terms: In the event of any conflict or inconsistency between the Order, provisions of the main body of these Terms and those contained in any Appendix or referenced document, the precedence of the documents shall be:
4.7 References to Parties: References to a Party include that Party’s permitted assigns, successors, and authorized representatives.
5.1 SaaS Services License Grant. During the Subscription Term, the Provider grants the Customer a non-exclusive, non-assignable, worldwide license to access and use the Software, including for the purpose of integrating and embedding its functionality into the Customer Application (“SaaS Services”).
5.2 Scope of Use. This license specifically authorizes the Customer to:
5.3 Distribution Rights. The Customer is authorized to distribute the Redistributables as part of the Customer Application to its End Users solely in compliance with this Agreement and in the manner described in the Documentation.
6.1 Means of Access. The Provider shall make the Redistributables available to the Customer through one or more of the following methods, at the Provider’s discretion:
6.2 Updates and Maintenance. The Provider may, from time to time, release updates, bug fixes, or new versions of the Redistributables. The Customer is responsible for:
6.3 Responsibility for Integration. The Customer acknowledges that the successful integration and deployment of the Redistributables within the Customer Application is the sole responsibility of the Customer. The Provider’s obligation is limited to providing the Redistributables and the Documentation.
6.4 Source Code: Notwithstanding Article 7.1, where the Provider delivers Redistributables or Sample Code in source code form, then during the Subscription Term:
6.5 Modifications to Source Code: Any modifications made by the Customer to the Source Code of Redistributables or Sample Code are made at the Customer’s own risk. While the Customer may own the specific modifications it creates, the underlying rights to the original Source Code remain with the Provider at all times.
7.1 No Delivery of Software. The Customer acknowledges that, with the exception of the Redistributables, the Provider will not provide copies (in a form of object code, source code or intermediate code or otherwise) of the Software to Customer as a part of the SaaS Services. Access to the SaaS Services and the Software is exclusively through the API, UI or similar interface.
7.2 Access Grant. The Customer shall be deemed to have received the right to access and use the Software once the Provider has provided the Customer with access credentials for the agreed number of Authorised Users.
7.3 Additional User Access. Access credentials for initial number of Authorised Users shall be provided by the Provider to the Customer on the Effective Date. Access credentials for any additional Authorised Users can be created by the Customer at its discretion. The number of Authorised Users is not limited for the Customer. However, adding new Authorized Users may increase the Subscription Fee in accordance with the Price List.
7.4 Customer’s Responsibility. Customer shall be solely responsible for:
7.5 Software. The Customer has familiarised itself with the Software, its functionalities, parameters, and limitations. The Provider provides the Customer with only limited warranties concerning the Software as set forth in Article 13 of these Terms.
7.6 Documentation. During the Subscription Term, the Customer will have access to the Documentation made available to the public online, currently at docs.appmixer.com (which can be amended from time to time). The Provider reserves the right, at its sole discretion, to add, change, or otherwise modify the Documentation from time to time to reflect ongoing development or changes to the SaaS Services or the Software. The Provider will not provide the Customer with any Documentation (whether in written or electronic form) other than as set out in this Clause.
8.1 The Service Level Agreement for the SaaS Services is set forth in Schedule No. 1 hereto. The SLA sets forth Customer’s sole remedies for availability or quality of the SaaS Services, including any failure to meet any guarantee set forth in the SLA.
9.1 During the Subscription Term, the Provider shall provide to the Customer Support and Maintenance Services as set forth in separate Support and Maintenance Services Terms (see Article 21.3).
9.2 Fees for Support and Maintenance Services are included in the Subscription Fees and unless specifically agreed otherwise, the Provider will not charge the Customer any additional fees for the provision of Support and Maintenance Services.
10.1 Customer shall not, and shall not permit anyone to:
10.2 Customer shall, in particular:
11.1 Subscription Fee. As consideration for the SaaS Services and Support and Maintenance Services, the Customer shall pay the Provider the Subscription Fee. The Subscription Fee is either based on the Price List or specifically agreed by the Parties, as it is indicated in the Order.
11.2 Subscription Fee Structure. The Subscription Fee consists of two components:
11.3 The specific volume of Users and Data Messages included in the Platform Fee is set forth in the Price List and the Order. Usage exceeding these limits will be charged at the rates specified in the Price List or Order.
11.4 Payment and Invoicing.
All payments shall be made in the currency set forth in the Price List or the Order (typically USD or EUR) via credit card, bank transfer, or other payment methods supported by the Provider.
11.5 No Refund. Except as expressly provided otherwise, all fees are non-refundable.
11.6 VAT: All Subscription Fees are exclusive of VAT or applicable taxes.
11.7 Changes to the Price List. The Provider is entitled to unilaterally change the Price List. For existing Customers, any increase in the Platform Fee or to Usage-based Fee shall only take effect upon the commencement of the next (renewal) Subscription Term, provided the Provider notifies the Customer at least sixty (60) days in advance.
11.8 Suspension for Non-Payment. The Provider reserves the right to suspend the SaaS Services and/or Support and Maintenance Services if the Customer fails to pay any undisputed amounts due. However, the Provider may only exercise this right if:
Suspension shall not release the Customer from its obligation to pay all fees due for the Subscription Term. The Provider shall restore the SaaS Services promptly after the Customer has paid all overdue amounts, including any late interest. The Customer agrees that the Provider shall not be liable to the Customer or to any third party (including End Users) for any damages or losses arising from a suspension carried out in accordance with this Agreement.
12.1 Term of Agreement. The term of the Agreement shall begin on the Effective Date and shall continue until (i) the expiry of the Subscription Term due to its non-renewal or (ii) until terminated by either party as outlined in this Section.
12.2 Subscription Term and its Renewal. Unless specifically agreed otherwise between the Parties, the Subscription Term shall automatically renew on a rolling basis unless either Party delivers written notice of non-renewal to the other party at least 30 calendar days prior to the expiration of the then-current Subscription Term.
12.3 Termination by Both Parties. Either party may terminate the Agreement immediately upon a material breach by the other party that has not been cured within ten (10) days after receipt of notice of such breach or if otherwise agreed in these Terms.
12.4 Termination by Customer. Provided that the Customer disagrees with the updated Terms pursuant to Article 21.1, it may terminate the Agreement prior to the effective date of the new Terms and such termination shall be effective as the effective date of the new Terms. If the Customer does not agree to the updated Terms, the Customer may terminate this Agreement by giving notice to the Provider at any time prior to the effective date of such updated Terms. The termination shall take effect on the date the updated Terms would otherwise have become effective.
12.5 Effect of Termination or Expiry of Subscription Term.
12.6 Surviving Provisions. Termination or expiration of the Agreement shall not affect claims for compensation for damage, late payment interest, contractual penalty and other provisions which (according to the expressed will of the parties or due to their nature) are to continue even after the termination of the Agreement. Provisions of Sections 14, 15, 16, and 18 shall also survive the expiration or termination of the Agreement for any reason.
13.1 Provider’s Warranties. The Provider represents and warrants that it will provide the SaaS Services in a professional manner consistent with general industry standards and that the SaaS Services will perform substantially in accordance with the Documentation.
13.2 Malicious Code Warranty. The Provider warrants that the SaaS Services and Redistributables, as delivered, do not contain any “back doors,” “viruses,” or other malicious code designed to disrupt or provide unauthorized access to the Customer Application or data.
13.3 Customer Security Responsibility. The Customer acknowledges that security is a shared responsibility. The Customer is responsible for:
13.4 Customer Responsibility for Workflow. Customer acknowledges that workflows are configured by Customer or End Users and executed automatically. Provider shall not be liable for any consequences arising from workflow configuration, including erroneous, unintended, or automated actions.
13.5 SaaS Services Performance. The Provider does not guarantee that the SaaS Services will be performed error-free, uninterrupted or completely secure, or that the Provider will correct all SaaS Services errors. The Customer acknowledges that the Provider does not control the transfer of data over communications facilities, including the internet, and that the SaaS Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
13.6 Disclaimer of Warranties. Except as expressly provided in this Agreement, the SaaS Services, the Software (incl. any Redistributables), and the Documentation are provided “as is” and “as available.” To the maximum extent permitted by law, the Provider and its suppliers disclaim all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
13.7 Responsibility for Customer Application or Customer’s Data. The Provider shall implement and maintain industry-standard technical and organizational measures designed to protect the Customer Application and Customer’s data against unauthorized access, loss, or destruction. Except to the extent directly caused by the Provider’s gross negligence, willful misconduct, or a material breach of its security obligations expressly set forth in this Agreement, the Provider and its service providers shall not be liable for the unauthorized alteration, theft, loss, or destruction of any Customer Application or Customer data. Notwithstanding the foregoing, the Provider shall have no liability for data loss or security breaches resulting from:
13.8 The Provider’s total liability for any data-related claim shall be subject to the limitation of liability set forth in this Agreement.
13.9 No Responsibility for Third Party Components. The Customer acknowledges that the availability and functionality of the SaaS Services are dependent on third-party APIs or other components. The Provider is not responsible for any changes, outages, or deprecations of features by third-party service providers or such third-party components. Provider does not warrant that any specific third-party component will remain available, compatible, or functional, and reserves the right to modify, suspend, or discontinue any Integration Component based thereupon.
13.10 Exclusive Remedy. For any breach of any warranty, Customer’s exclusive remedy shall be termination under Section 12 hereof and, where applicable, the receipt of a pro-rata refund of any pre-paid fees.
14.1 Provider’s Rights. The Provider shall own all right, title and interest in and to the Software incl. Redistributables and Integration Components (but excluding any Customer modifications therein within the Customer Applications), SaaS Services, Documentation, including all modifications, improvements, upgrades, and derivative works thereto. For the avoidance of doubt, the Provider’s ownership includes the underlying code of any Redistributables, even if modified by the Customer as permitted herein.
14.2 White-Label. For avoidance of doubts, the Customer’s use of its own branding in the Customer Application (White-Labeling) shall not create any ownership interest for the Customer in the underlying Software.
14.3 Customer’s Rights. The Customer shall own all right, title and interest in and to the Customer Applications, however excluding any underlying Provider’s Software.
14.4 Custom Components and Workflows.
14.5 Exchange Program (Public Contributions). If the Customer elects to submit, publish, or otherwise make available a workflow, connector, or any other feature or component to the Provider’s public library (the “Exchange Program”), the following terms apply:
15.1 Indemnification by the Provider. If a third party makes a claim against Customer that the SaaS Services or the Software infringe any patent, copyright or trademark, or misappropriate any trade secret, or infringe any other intellectual property right, the Provider shall defend the Customer against the claim at Provider’s expense and the Provider shall pay all losses, damages and expenses (including reasonable attorneys’ fees) finally awarded against the Customer or agreed to in a written settlement agreement signed by both parties, to the extent arising from the claim.
15.2 Exclusions. The Provider shall have no liability for any claim based on (a) the Customer’s Application or any components created or modified by the Customer, or (b) use of the SaaS Services or Software other than in accordance with the Documentation, these Terms and the Agreement.
15.3 Additional Remedies. In case of a third party’s claim, the Provider may also, at its sole option and expense,
15.4 Indemnification by the Customer. If a third party makes a claim against the Provider that the Customer’s Application or any components created or modified by the Customer infringe any patent, copyright or trademark, or misappropriates any trade secret, or infringes any other intellectual property right, Customer shall defend the Provider against such claim at Customer’s expense and Customer shall pay all losses, damages and expenses (including reasonable attorneys’ fees) finally awarded against the Provider or agreed to in a written settlement agreement signed by both parties, to the extent arising from the claim.
15.5 Conditions for Indemnification. A party seeking indemnification under this Section shall (a) promptly notify the other party of the claim, (b) give the other party sole control of the defense and settlement of the claim, and (c) provide, at the other party’s expense for out-of-pocket expenses, the assistance, information and authority reasonably requested by the other party in the defense and settlement of the claim.
16.1 Limitations of Liability. To the maximum extent permitted by applicable law, the total aggregate liability of either Party to the other for all claims arising out of or related to this Agreement (whether in contract, tort, or otherwise) shall not exceed the total amount of Subscription Fees paid by the Customer to the Provider during the twelve (12) months immediately preceding the event giving rise to the claim.
16.2 Exclusion of Liability. To the fullest extent permitted by law, neither Party shall be liable to the other for any lost profits, loss of revenue, loss of data, loss of goodwill, business interruption, or for any consequential, incidental, special, punitive, or indirect damages, even if such damages were foreseeable, known, or the Party was advised of the possibility of such damages.
16.3 Exceptions. The foregoing limitations and exclusions of liability shall not apply (i) to any damages caused intentionally or due to gross negligence by either party and (ii) to any obligations (or any breach thereof) under Section 15 (Indemnification).
17.1 Personal data are subject to separate Privacy Policy (see Article 21.3).
18.1 Definition of Confidential Information. “Confidential Information” means all non-public information disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
Notwithstanding the foregoing, Confidential Information shall not include any workflows, connectors, or other components that the Customer voluntarily elects to share or publish via the Exchange Program.
18.2 Protection of Confidential Information. The Receiving Party shall:
18.3 Exceptions. Confidential Information shall not include any information that:
18.4 Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
18.5 Provider’s PR: Notwithstanding the confidentiality obligations set forth in this Agreement, the Provider shall be entitled to reference the cooperation with the Customer for public relations (PR) and marketing purposes, provided that no confidential terms or content of this Agreement are disclosed. In connection with such references, the Provider may:
19.1 Customer’s Assignment. The Customer may not assign this Agreement, in whole or in part, without the prior written consent of the Provider. Notwithstanding the foregoing, the Customer may assign this Agreement without consent to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that:
19.2 Provider’s Assignment. The Provider may freely assign this Agreement or any of its rights and obligations hereunder to any third party.
19.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.
20.1 These Terms and the Agreement shall be governed by the laws of the Czech Republic, including the Czech Civil Code. The Parties hereby submit to the exclusive jurisdiction of the Czech courts and the Municipality Court of Prague shall have the jurisdiction to hear all disputes arising therefrom.
21.1 Modifications. The Provider reserves the right to revise or modify these Terms periodically. In such instances, the Provider will provide notice to the Customer regarding the availability of new versions of the Terms at least 30 days prior to their effective date. It is the Customer’s responsibility to review and become familiar with these updated Terms. Once timely notified, the new versions of the Terms will become binding and effective for the Customer on its effective date. Provided that the Customer disagrees with the updated Terms, it shall have the right to terminate the Agreement pursuant to Article 12.4.
21.2 No Prevailing Customer’s General Terms. No Customer’s terms and conditions shall apply to the mutual relationship between Customer and the Provider under this Agreement.
21.3 Provider’s General Terms. The following Provider’s general terms and conditions shall apply to mutual relationship between Customer and the Provider under this Agreement:
21.4 No Custom Usage. The Parties do not wish that any rights and obligations be inferred beyond the scope of the explicit provisions of these Terms from any customs used in general or in the sector relating to the subject thereof, unless these Terms explicitly stipulate otherwise.
21.5 Set-off. Set-off of claims arising from these Terms and the Agreement shall not be permitted unless agreed in writing.
21.6 Force Majeure. Each party will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or SaaS Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures and extraordinary, unforeseeable and insurmountable obstacles arising independently of the party’s will (as stipulated in sec. 2913 of the Czech Civil Code). In the event of any such cause, the affected Party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby plus 5 (in words: five) business days.
21.7 Complete Agreement and Applicable Documents. These Terms (along with all Schedules hereto and any other documents, provisions, and policies referenced herein) constitute the entire agreement between the parties regarding its subject matter and supersede any prior agreements, understandings, or arrangements, whether oral or written. The Customer represents that it has had the opportunity to consult with its legal counsel regarding these Terms and shall not consider itself to be the weaker party.
21.8 Effectiveness of the Terms and the Agreement. These Terms and the Agreement become binding and effective to the Parties on the Effective Date.
21.9 Severability. If any provision of these Terms or the Agreement is held to be invalid or unenforceable, that provision shall be reformed to achieve as nearly as possible the same effect as the original one, and the remainder of these Terms and the Agreement shall remain in full force.
1. Uptime. The Customer acknowledges that the SaaS Services are provided on an “as is” and “as available” basis and that the Provider does not guarantee that access will be entirely uninterrupted or error-free. However, the Provider shall use commercially reasonable efforts to ensure the SaaS Services achieve System Availability (as defined below) of at least 99.9% during each month of the Subscription Term.
2. “System Availability” means the number of minutes in a particular month of the Subscription Term that the key components of the SaaS Services are operational, as a percentage of the total number of minutes in such month. System Availability calculations shall exclude downtime (excused downtime) resulting from:
3. Scheduled Maintenance. The Provider reserves the right to take the SaaS Services offline for scheduled maintenance. The Provider shall provide the Customer with reasonable prior notice (typically via email or the Provider’s status page).
4. Remedies. If the Provider fails to meet System Availability in a particular month, the Customer may, as its sole and exclusive remedy, request a service credit:
