General Provisions
These Terms and Conditions govern the rights and obligations arising in connection with the provision and use of the Herpadex digital service between:
Provider: Terezie MocováCompany ID No.: 21621624
registered office: Mšenská 3939/28, 466 04 Jablonec nad Nisou, Czech Republic
contact email: info@herpadex.czhereinafter referred to as the “Provider”,
and any natural or legal person who enters into an agreement for the provision of the Herpadex service, hereinafter referred to as the “Customer”.
Herpadex is a cloud-based digital service intended primarily for the recording, organisation and management of terrarium animal breeding and husbandry, hereinafter referred to as the “Service”.
A Customer may be:
a Consumer, meaning a natural person who enters into the agreement outside the scope of their business activity or independent professional activity, or
a Business Customer, meaning an entrepreneur, legal entity or other person who enters into the agreement in connection with their business or professional activity.
Provisions of these Terms and Conditions relating to Consumers apply only to Consumers.
These Terms and Conditions form an integral part of the agreement entered into between the Provider and the Customer.
Any provisions agreed in a specific order or individual agreement shall prevail over these Terms and Conditions.
Nature and Scope of the Service
Within its current scope, Herpadex enables Customers in particular to:
record animals and their basic information,
record origin, parents, clutches, weight, health status and other husbandry records,
record terrariums, their occupants, equipment and maintenance,
use other features listed in the current description of the Service.
The Service may be available in particular through:
the customer web portal,
the Android mobile application,
the desktop application for supported versions of Windows and Linux operating systems.
Subscription plans differ only in the limit on the number of active animals. The functional scope of the Service is the same for all plans. For technical reasons, certain features may be available only on some supported platforms.
The current description of features, technical requirements, supported platforms and subscription plans is available on the Herpadex website or directly within the application.
A functioning internet connection is required to use the Service. Certain features may also require a supported device, permission for system notifications or installation of the current version of the application.
Herpadex is a record-keeping and organisational tool. It does not replace:
veterinary examination or veterinary care,
professional animal husbandry advice,
official records or documentation required by law,
documents proving the origin of animals,
records and documentation relating to CITES,
obligations arising from veterinary, tax, record-keeping or other legal regulations.
Alerts, notifications, scheduled dates and operational overviews are provided for assistance only. The Customer must not rely exclusively on their delivery when caring for animals or fulfilling legal obligations.
Registration and Conclusion of the Agreement
A customer account must be created in order to use the Service.
During registration, the Customer must provide true, complete and up-to-date information.
The Customer is responsible for correctly determining whether they enter into the agreement as a Consumer or as a Business Customer.
Before completing registration or an order, the Customer has the opportunity to review and correct the information entered, the selected subscription plan and the stated price.
By submitting the registration or order, the Customer confirms that:
they have read these Terms and Conditions,
they agree to these Terms and Conditions,
they have read the Privacy Policy,
they have provided correct registration and billing information.
The agreement is concluded when the Provider confirms the registration and makes the customer account or the Service available to the Customer.
For a paid subscription plan, full access to the Service may be conditional upon payment of the first subscription fee or confirmation of another payment method offered.
Confirmation of the conclusion of the agreement, these Terms and Conditions and other related information will be sent to the Customer’s email address or made available in a manner allowing them to be stored in an unchanged form.
The Provider may refuse registration in particular where:
manifestly false or incomplete information has been provided,
there is reasonable suspicion of fraud or misuse of the Service,
the Customer has previously seriously breached these Terms and Conditions,
there is a legal, security-related or technical obstacle preventing provision of the Service.
Language and Territorial Availability
The agreement may be concluded in Czech or English depending on the language version of the registration or ordering interface used by the Customer.
The Terms and Conditions and other contractual information are provided to the Customer in the language in which the agreement is concluded.
By completing registration or an order, the Customer confirms that they understand the agreement and these Terms and Conditions in the language version selected by them.
In the event of any discrepancy between individual language versions, the language version in which the relevant agreement was concluded shall prevail for that contractual relationship.
The Service may be provided to Customers from Member States of the European Union.
The Provider is not obliged to provide customer support, documentation or the user interface in any language other than those currently supported for the relevant part of the Service.
The Provider may refuse or restrict provision of the Service where prevented from providing it by law, international sanctions, a security risk, a technical obstacle or another objective reason.
Customer Account and Additional Users
Each customer account has an account owner who is authorised in particular to:
manage the subscription,
change billing and contact information,
manage additional account users,
perform other administrative actions available in the customer portal.
To the extent enabled by the Service, the Customer may create access for additional users.
The Customer is responsible for the conduct of persons whom they allow to use their customer account.
Login credentials are personal and must not be disclosed to unauthorised persons.
The Customer must use a sufficiently secure password and protect the devices on which the Service is used.
The Customer must inform the Provider without undue delay of:
suspected misuse of the account,
disclosure or compromise of login credentials,
unauthorised access to the account,
any other security incident.
For security reasons, the Provider may terminate active sessions, require a password change or temporarily restrict access to the account.
Subscription Plans and Limits
The Service is provided under a free plan and paid subscription plans.
Current prices and active-animal limits for individual plans are specified in the price list on the Herpadex website or in the ordering interface.
Only active animals count towards the subscription plan limit unless expressly stated otherwise in the plan description.
Information displayed to the Customer immediately before completion of a specific order shall prevail over the general price list.
Once the subscription plan limit has been reached, creation of additional records counted towards that limit may be restricted.
Reaching a subscription plan limit does not in itself result in automatic deletion of data already stored.
The free plan will not be automatically converted into a paid subscription plan without the Customer’s express consent.
If the Provider offers a trial period, its duration, scope, price after expiry and termination conditions will be stated before the trial begins.
Price and Payment Terms
The price of a paid subscription plan and the currency in which the subscription will be charged are specified in the price list and displayed to the Customer before completion of the order.
The final displayed price includes all taxes and fees that the Provider is required to charge. For a specific order, the price and currency displayed to the Customer immediately before completion of the order shall be decisive.
Unless otherwise stated for a particular subscription plan, the subscription fee is payable monthly in advance.
Payment may be made by payment card or another method offered in the ordering interface.
Payments may be processed by an external payment service provider.
The Provider does not store complete payment card details where their processing is handled by an external payment service provider.
When paying in another currency, the Customer’s bank or payment service provider may perform currency conversion using its own exchange rate and may charge its own fees.
The Customer agrees to the electronic issuance and delivery of accounting or tax documents.
Documents may be made available in the customer portal or sent to the Customer’s contact email address.
If the Provider offers a “Pay later” option or another deferred payment method, the Customer must pay the price within the period specified in the order or on the issued document.
If payment cannot be completed or the Customer is in default, the Provider may:
retry the payment
request that the Customer update their payment method,
restrict use of the Service,
suspend access to the Service,
terminate the agreement after prior notice.
Suspension or termination of the Service does not extinguish the obligation to pay amounts that became due before such suspension or termination.
Duration and Automatic Renewal
The agreement is concluded for an indefinite period unless otherwise stated in a specific order.
A paid subscription automatically renews for the next billing period until cancelled by the Customer.
The price for the next billing period may be automatically charged using the stored payment method.
The Customer may cancel automatic renewal of the subscription at any time through the customer portal.
Cancellation of the subscription takes effect at the end of the billing period already paid for.
Until the end of the paid period, the Customer may continue to use the Service within the scope of their subscription plan.
No further billing periods will be charged after cancellation.
No refund is provided for the unused part of a billing period already paid for, except in the case of:
withdrawal by a Consumer within the 14-day withdrawal period,
valid exercise of rights arising from defective performance,
a refund approved by the Provider.
Cancellation of automatic renewal does not constitute withdrawal by a Consumer from the agreement within the 14-day withdrawal period.
Change of Subscription Plan
The Customer may request a change of subscription plan through the customer portal.
An upgrade to a higher subscription plan may take effect immediately.
When upgrading to a higher subscription plan, the Customer may be charged a proportional price difference for the remaining part of the current billing period.
A downgrade to a lower subscription plan generally takes effect from the beginning of the next billing period.
To downgrade to a lower subscription plan, the account must comply with the limits of the new plan, in particular the active-animal limit.
If the account does not comply with the limits of the new plan, the change will remain pending.
Until the requirements of the lower subscription plan are met, the existing subscription plan and its price continue to apply.
The Provider will not delete Customer data solely in order for the account to automatically comply with the limit of a lower subscription plan.
Price Changes
The Provider may change the subscription price, in particular in connection with changes to:
the scope or quality of the Service,
operating costs,
supplier prices,
taxes or legal obligations,
the business model of the Service.
The Customer will be informed of any price increase at least 30 days in advance by email or through the customer portal.
The new price will apply no earlier than from the next billing period following expiry of the notified period.
If the Customer does not agree with the new price, they may cancel the subscription before the new price takes effect.
A price change does not apply retroactively to a billing period already paid for.
Consumer Withdrawal Within 14 Days
A Consumer has the right to withdraw from an agreement concluded online without giving any reason within 14 days from the date on which the agreement was concluded.
The Consumer may exercise the right of withdrawal through the relevant function in the customer portal.
The Consumer is not required to state a reason for withdrawal.
If the Consumer withdraws after provision of the Service has begun at their express request, the Consumer shall pay the Provider a proportional part of the agreed price for the performance provided up to the moment of withdrawal.
The proportional part of the price will be calculated according to the period during which the Service was actually provided to the Consumer in relation to the duration of the relevant paid billing period.
The Provider will refund the Consumer the funds received, less the justified proportional part of the price, without undue delay and no later than 14 days after withdrawal.
The funds will be refunded using the same payment method by which they were received, unless the parties agree otherwise and the Consumer incurs no additional costs as a result.
Withdrawal terminates the agreement and the Provider may disable the Consumer’s access to the Service and the customer account.
The Consumer’s right to withdraw within 14 days does not apply to Business Customers.
Making the Service Available
The Provider will make the Service available without undue delay after conclusion of the agreement, activation of the account and fulfilment of any applicable payment conditions.
The Service is deemed to have been made available when the Customer is able to log in and use its features.
If the Service is not made available within the agreed period, the Customer may request that the Provider make it available.
If the Provider fails to fulfil this obligation without undue delay after such request, the Consumer may withdraw from the agreement unless otherwise provided by law.
Updates and Changes to the Service
For the duration of the agreement, the Provider will provide updates necessary to maintain the agreed functionality and security of the Service.
The Customer must install or allow installation of updates where they have been informed of their availability and importance.
The Provider shall not be liable for a defect caused exclusively by the Customer’s failure to install an available update within a reasonable period, provided that the Customer was duly informed of the update and the consequences of failing to install it.
The Provider may continuously modify the Service, in particular for the purpose of:
correcting errors,
improving security,
improving features and the user interface,
ensuring compatibility,
adapting to legal requirements,
replacing obsolete technologies,
adapting the Service to the number of users or operational requirements.
A change to the Service must not result in additional costs to the Consumer without their express consent.
If a change significantly impairs the Consumer’s access to or use of the Service, the Consumer will be informed of the change in advance in text form.
In the event of a significant negative impact of a change, the Consumer may terminate the agreement under the conditions provided by applicable law.
Availability and Technical Operation
The Provider endeavours to maintain continuous availability of the Service but does not guarantee uninterrupted or entirely error-free operation.
Unless a separate service level agreement has been concluded, no guaranteed availability expressed as a specific percentage forms part of the agreement.
The Service may be temporarily unavailable in particular due to:
scheduled maintenance,
deployment of updates,
a security incident,
failure of technical infrastructure,
internet connection failure,
failure of a third-party service,
force majeure,
the need to prevent damage.
Where reasonably possible, the Provider will provide advance notice of scheduled downtime.
Delivery of mobile and other notifications may also depend on connectivity, device settings, application permissions, power-saving settings or third-party services.
The Provider does not guarantee delivery of every notification at a specific time.
Customer Obligations
The Customer must not use the Service:
in violation of applicable law,
to infringe the rights of third parties,
to gain unauthorised access to systems or data,
to distribute malicious code,
in a manner that places an unreasonable load on the infrastructure,
to circumvent security, technical or subscription-plan restrictions,
to resell or provide the Service without the Provider’s consent.
The Customer must not unlawfully copy the software, perform reverse engineering or attempt to obtain the source code, except where expressly permitted by law.
The Customer is responsible for:
the accuracy and completeness of data entered,
the lawfulness of data entered,
their own decisions relating to animal husbandry and care,
compliance with record-keeping, veterinary, tax and other legal obligations,
regularly checking the actual health and operational status of animals, terrariums and equipment.
Customer Data
The Customer remains the owner or authorised user of the data entered into the Service.
The Customer authorises the Provider to store, back up, copy, transfer and technically process the data only to the extent necessary for:
providing the Service,
securing and maintaining the Service,
providing technical support,
fulfilling the Provider’s legal obligations.
The Customer must not upload content or data to the Service unless they have the necessary rights to use it.
The Customer is responsible for retaining originals of documents and records required by law.
Operational backups of the Service are not intended to serve as an individual archive for the Customer and do not guarantee that every individual record deleted by the Customer can be restored.
During the term of the agreement and upon its termination, the Customer has the right to obtain their exportable data in a structured, commonly used and machine-readable format supported by the Service for the purpose of further use or switching to another service provider.
Following complete termination of the customer account, the Provider may delete the Customer’s data after 30 days unless prevented from doing so by law or another legitimate reason.
The Provider may retain certain data for a longer period where such retention is necessary in particular for compliance with accounting, tax, security or other legal obligations.
Upon request, the Consumer will be provided with content other than personal data that the Consumer created or uploaded while using the Service, to the extent required by applicable law.
Personal Data Protection
Information concerning the processing of personal data is provided in the separate Privacy Policy.
If the Customer enters personal data relating to other persons into the Service, the Customer is responsible for ensuring that:
an appropriate legal basis exists for such processing,
the relevant information obligations have been fulfilled,
the data is used only within the scope permitted by law.
Where the Provider acts as a processor in relation to personal data entered by a Business Customer, the parties may enter into a separate data processing agreement.
Intellectual Property
Herpadex, its software, source code, database structure, graphical interface, documentation, name, logo and other components are protected by intellectual property rights.
For the duration of the agreement, the Customer is granted a non-exclusive, non-transferable and limited right to use the Service for their own personal or business purposes.
The Customer does not acquire ownership rights to the software or the right to provide the Service to third parties other than authorised users of their own customer account.
The Provider may use feedback and suggestions submitted by the Customer for further development of the Service without thereby acquiring any rights to the Customer’s data or content.
Defects and Complaints
The Provider is liable to the Consumer for ensuring that, for the duration of the agreement, the Service conforms to the agreed description, scope, purpose and other characteristics that the Consumer may reasonably expect.
A defect in the Service may be reported to the Provider’s contact email address.
A defect report should include in particular:
identification of the customer account,
a description of the defect,
the date and manner in which the defect occurred,
any error message,
a screenshot or other available supporting materials,
the requested method of resolving the complaint.
The Provider will provide the Consumer with confirmation of receipt of the complaint.
The Provider will remedy a justified defect within a reasonable period, taking into account the nature of the Service, the seriousness of the defect and the purpose for which the Consumer uses the Service.
The defect will be remedied free of charge and without causing significant inconvenience to the Consumer.
If remedying the defect is impossible or disproportionate, or if the defect is not properly remedied, the Consumer may be entitled to:
an appropriate price reduction,
withdrawal from the agreement,
another statutory remedy.
The Provider will provide the Consumer with confirmation of the method and date of resolution of the complaint or, where applicable, written reasons for rejecting it.
A Business Customer must report a defect without undue delay after discovering it or after it could have been discovered with due care.
The Consumer’s statutory rights cannot be restricted by these Terms and Conditions.
Liability for Damage
The Provider is liable for breaches of its contractual and statutory obligations to the extent provided by applicable law.
The Provider is not liable for damage caused exclusively by:
incorrect or incomplete data entered by the Customer,
use of the Service contrary to these Terms and Conditions or documentation,
loss or disclosure of login credentials on the Customer’s side,
failure to install an available update,
a decision made by the Customer without the necessary professional assessment,
failure of equipment, connectivity or a third-party service beyond the Provider’s control.
The preceding paragraph does not apply where the damage was caused by the Provider’s breach of a statutory or contractual obligation.
In particular, the Provider is not liable for the health status, death, reproduction, record status or commercial value of an animal merely because information concerning the animal was recorded in the Service.
In relation to a Business Customer, to the maximum extent permitted by law, compensation is excluded for:
indirect or consequential damage,
loss of profit,
loss of business opportunity,
damage to reputation.
The Provider’s total liability for property damage towards a Business Customer is limited to the total subscription fees actually paid by that Customer during the 12 months immediately preceding the occurrence of the damage.
The limitation of liability does not apply to damage:
caused intentionally or through gross negligence,
caused to the natural rights of a person,
where limitation of liability is prohibited by law.
The Provider’s liability towards Consumers cannot be limited contrary to mandatory consumer protection legislation.
Suspension and Termination of the Account by the Provider
The Provider may temporarily suspend an account if:
the Customer is in default with payment,
there is reasonable suspicion of misuse of the account,
the security of the Service or other customers is threatened,
the Customer seriously or repeatedly breaches these Terms and Conditions,
suspension is necessary to comply with a legal obligation.
Where possible and where there is no risk of immediate damage, the Provider will give the Customer a reasonable period to remedy the situation before suspension.
The Provider may terminate the agreement in particular in the event of:
a serious or repeated breach of these Terms and Conditions,
long-term non-payment,
fraudulent or unlawful use of the Service,
an attack against the Service or its users,
discontinuation of the Service.
If the Provider discontinues the Service for a reason not caused by the Customer, the Provider will notify paying Customers with reasonable advance notice.
In such a case, the Customer will be refunded the proportional part of any prepaid price relating to the period during which the Service will no longer be provided.
Termination of the account does not affect the obligation to pay amounts that became due before termination.
Termination of the Account by the Customer
The Customer may request complete deletion of the customer account through the available function in the customer portal or by contacting the Provider.
Complete deletion of the account is separate from merely cancelling automatic renewal of a paid subscription.
Before complete deletion of the account, the Customer is responsible for exporting any data they wish to retain.
Before deleting the account, the Provider may require verification of the identity or authority of the person requesting deletion.
Deletion of the account does not affect claims arising before deletion.
Electronic Communication
The Provider and the Customer communicate primarily through:
email,
the customer portal,
notifications within the application.
The Customer must keep their contact email address up to date.
Notifications relating to security, payments, price changes, changes to these Terms and Conditions or termination of the Service may be sent electronically.
A message is deemed delivered when it has been delivered to the Customer’s email inbox or made available in the customer portal, unless it is returned to the Provider as undeliverable.
Alternative Dispute Resolution for Consumers
If a dispute arises between the Provider and a Consumer, the parties will first attempt to resolve it by mutual agreement.
The competent body for alternative dispute resolution of consumer disputes with the Provider is:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Gorazdova 1969/24
120 00 Prague 2
Czech Republic
email: adr@coi.gov.cz
website: https://coi.gov.cz/informace-o-adr/The Consumer may submit a proposal for initiation of alternative dispute resolution in the manner described on the website of the Czech Trade Inspection Authority.
A Consumer residing in another Member State of the European Union may also contact the relevant European Consumer Centre when resolving a cross-border dispute.
Governing Law and Jurisdiction
The agreement and these Terms and Conditions are governed by the laws of the Czech Republic.
If the Customer is a Consumer, the choice of Czech law does not deprive the Consumer of the protection afforded by mandatory provisions of the law of the country in which the Consumer has their habitual residence.
Disputes will be resolved by the courts having subject-matter and territorial jurisdiction under applicable law.
A Consumer may rely on the jurisdiction available to them under mandatory provisions of European Union law or the law of the country of their habitual residence.
In relation to a Business Customer, the court having territorial jurisdiction according to the Provider’s registered office shall have jurisdiction unless otherwise provided by law.
Changes to the Terms and Conditions
The Provider may reasonably amend these Terms and Conditions, in particular due to:
changes in applicable law,
changes to the Service or subscription plans,
changes in technology,
security requirements,
changes to the business model.
The Customer will be informed of any material change at least 30 days before it takes effect.
If the Customer does not agree with the change, they may cancel the subscription or terminate the agreement before the change takes effect.
A change does not affect rights and obligations arising before it takes effect.
A change required by law or necessary to address an immediate security risk may be implemented within a shorter period. The Customer will be informed of such a change without undue delay.
Final Provisions
If any provision of these Terms and Conditions is invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions.
The Provider may transfer its rights and obligations under the agreement to another person, in particular in connection with the transfer of the Service or business, provided that this does not worsen the Consumer’s position.
The Customer may not transfer their customer account or agreement to another person without the Provider’s prior consent.
The current version of these Terms and Conditions is available on the Herpadex website.
These Terms and Conditions take effect on 18 August 2026.
HERPADEX