Terms of service

These terms govern the relationship between forgotten s.r.o. (Reg. No. 23642467, registered at Nové sady 988/2, 602 00 Brno, Czechia, hereinafter "supplier") and its clients (hereinafter "client").

1. Introduction

We design, build and ship software — websites, mobile and web apps, integrations and related consulting. The exact scope, price and timeline of every engagement are agreed in a separate order, contract or proposal (hereinafter "order"). These terms form an integral part of every such order.

2. Contract formation

A contractual relationship is formed by written confirmation of the order or by signing a contract. By accepting an offer, the client confirms they have read and agreed to these terms. Email communication qualifies as written form.

3. Client obligations

Proper delivery by the supplier is conditional on the client's cooperation. The client is obliged in particular to:

• provide all materials, access credentials, copy and graphic assets required for the project within the agreed timelines;
• supply feedback on submitted designs and deliverables promptly and without undue delay;
• ensure access to systems, platforms and third-party services necessary for delivery.

Any delay on the client's part in providing cooperation extends the project timeline by the equivalent period, without the client being entitled to a discount or damages.

4. Pricing and payment

• Unless agreed otherwise, prices are denominated in CZK and invoiced in EUR or CZK.
• Standard invoice due date is 14 days from issue.
• For projects above approximately €4,000 we require a 30–50% deposit before kickoff.
• Late payment accrues statutory interest in accordance with Czech law (Act No. 89/2012 Coll. and Government Regulation No. 351/2013 Coll.).
• If payment is more than 14 days overdue, the supplier may suspend work or restrict access to already delivered outputs until full payment is received.
• If payment is more than 30 days overdue, the supplier may terminate the agreement with immediate effect and invoice for all work completed to date.
• Intellectual property rights transfer to the client only upon receipt of full payment.

5. Delivery and milestones

We work in weekly sprints. Progress is shared at regular demo meetings (typically every Friday). Delivery dates are binding only if explicitly stated in the written order and provided the client fulfils their cooperation obligations under clause 3.

6. Acceptance

After delivery of the work or a part thereof, the client has 5 business days to notify the supplier in writing of any defects or objections. If no written response is received within this period, the work (or the relevant part) is deemed accepted without defects. This does not affect the client's right to warranty repair under clause 9.

7. Scope changes

The project scope is defined by the written order. Work not explicitly included in the order is considered out of scope. Verbal agreements on scope changes are not binding.

Scope change requests are tracked in writing. If a change materially affects the timeline or price, we issue a change request for the client to approve before the relevant work begins. Work performed beyond the order on the basis of written client instruction will be invoiced at the hourly rate applicable on the date of performance.

8. Intellectual property

Upon full payment, the supplier transfers all proprietary copyright in the work created specifically for the engagement to the client.

The supplier reserves the right to feature the work in its portfolio, on its website, social media and promotional materials, unless the client raises a written objection before the project begins or at the latest when signing the order.

The supplier's own frameworks, templates, tools and methodologies incorporated into the work remain the supplier's sole intellectual property and are not transferred. The client is granted a non-exclusive, perpetual licence to use them as part of the delivered work.

Third-party components (open source software) are governed by their own licences (typically MIT, Apache 2.0, BSD).

9. Warranty and support

We provide a 30-day warranty from go-live (the "hyper-care" period). During this time we fix defects that existed at the time of delivery at no extra cost. The warranty does not cover defects caused by the client or third parties after delivery. After the warranty period we offer an optional monthly retainer or one-off maintenance at our hourly rate.

10. Limitation of liability

The supplier's total liability for any damage arising in connection with a project is capped at the amount paid by the client for that engagement. The supplier is not liable for indirect damages, loss of profit, loss of data, loss of revenue or any other consequential loss, even if advised of the possibility of such loss. This limitation does not apply to damage caused intentionally or by gross negligence.

11. Confidentiality

Both parties shall keep confidential the other party's business information — including prices, business strategy, source code and operational processes — and shall not share it with third parties without prior written consent. This obligation applies throughout the engagement and for two years after its termination. It does not apply to information that is publicly available or that must be disclosed by law.

12. Subcontractors

The supplier may engage subcontractors in delivering the project. The supplier remains responsible for the quality of their work as if it were its own.

13. Force majeure

Neither party is liable for delays or failures caused by circumstances beyond its reasonable control (force majeure), such as natural disasters, third-party infrastructure outages or governmental actions. The affected party must notify the other party without undue delay.

14. Termination

Either party may terminate with 14 days' notice. The client pays for completed work pro-rata to the agreed price. The supplier may terminate with immediate effect if the client's payment is more than 30 days overdue.

15. Final provisions

Anything not covered here is governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code. The parties shall first attempt to resolve disputes amicably; otherwise the court at the supplier's registered seat has jurisdiction. The supplier reserves the right to amend these terms unilaterally; changes take effect upon publication of the new version on the website. Ongoing engagements are governed by the terms in force at the time the order was placed.