GENERAL TERMS AND CONDITIONS

General Terms and Conditions of the company Detande Group s.r.o., ID No.: 04518136, VAT No.: CZ04518136, with its registered office at Na Folimance 2155/15, Vinohrady, 120 00 Prague 2, File No.: C 247717, registered with the Municipal Court in Prague.

1. GENERAL PROVISIONS

  1. These General Terms and Conditions (hereinafter referred to as the“Terms and Conditions”) apply to the provision of services of Detande Group s.r.o., ID No.: 04518136, VAT No.: CZ04518136, with registered office at Na Folimance 2155/15, Vinohrady, 120 00 Prague 2, File No.: C 247717, registered with Commercial Register maintained by the Municipal Court in Prague (hereinafter the“Provider”) concluded with a customer (hereinafter referred to as the “Customer”) by means of remote communication via the interface of the Provider’s website www.writeit.ai.
  2. These Terms and Conditions define the rights and obligations of the Provider and the Customer and forms an integral part of the contract concluded between these parties.

2. CONCLUSION OF THE AGREEMENT

  1. By registering for and/or accessing, browsing or using the services and/or the Provider’s website writeit.ai (hereinafter the“Website”), you as the Customer enter into agreement with the Provider and agree to be bound by this Terms and Conditions (hereinafter the “Agreement”). If the Customer does not agree to these Terms and Conditions, he/she shall not access or use the Provider’s services. This Agreement may be subject to change in the future by issuing a new version of these Terms and Conditions.

3. SUBJECT MATTER OF THE AGREEMENT

  1. Under the Agreement, the Customer may make an input via the Website in a form of granting the Website a permission to access Customer's repository at given Git provider (Github) (hereinafter the “Access”), i.e. to the place where the code is stored in order to use AI for Python coding of a Customer’s website so that Customer can use the Website to perform AI-generated programming for the repository. As a result, the entire repository (codebase) stored at the Git provider is analysed. The Customer can request new features, incl. bug fixes of the code, which shall be provided by the Provider’s services via the Webpage (hereinafter the “Services”). The outcome of the Services will be an analysed repository where the Customer is able to ask for Pull requests (hereinafter the ”PR”) to the repository. A Pull request is a newly added, modified, adapted, adjusted and/or updated code that needs to be reviewed by the Customer.
  2. The Customer represents and warrants that he/she has all rights, licences and permissions necessary to provide the Access in order to receive the Services. The Customer agrees that the repository complies with applicable laws and that the repository and/or Access complies with all applicable Terms and Conditions herein. The Customer shall own all right, title and interest in and to the codebase.
  3. The Provider is not responsible for any third party references generated by the Services. The Customer should not rely on any output suggested by the Services and should always check the output for accuracy, completeness and reliability.

How does the connection to Git providers work?

  • Each provider offers a way to give a third-party application (writeit.ai) permission to read and write the repositories. The "read" part means that the Provider will have access to the entire codebase. The "write" part means that the Provider will be able to make pull requests (i.e. code changes).

What does it mean to "analyse" the entire repository?

  • Once the Customer has granted access to the repository, the Provider will download the entire codebase and analyse it. In this initial step, the Provider will parse out all the objects (functions, classes etc.) and store them in Provider’s database. Each function is analysed, and the results (i.e. the metadata) are also stored. This data is essential for further use.
  • The repository will continue to be analysed on an ongoing basis
    • For example, if the Customer writes his own new code, the Services will need to know about it;
    • As soon as they find out about the new code, they will analyse the newly added code to keep up to date.

How exactly would the PR creation work?

  • Once the repository has been connected and analysed, the Customer can use the main power of the Services - the code creation
  • Based on Customer's request, the Website identifies a collection of files and code snippets as relevant for the task. In a series of steps, it calls LLM providers to reason what should be done, and then generate and assess the code. The generated code could then be tested via unit tests and undergoes additional checks. Once the system rules the code as complete, it creates a pull request to the repository's main branch.

4. THIRD PARTY SERVICES

  1. The Provider’s services are linked to third party services. The Provider has no control over and assumes no responsibility for the content, accuracy, terms and conditions, privacy policies or practices of, or opinions expressed by, any third party services with which are used in connection with the Provider’s services. When you access or use a third party service through the Website, you may be subject to the terms and conditions of that third party service. The third party services include:
    The Provider will use its best efforts to only share Customer’s data only with third party services that claim not to train their models on the data received.

5. PRICE, METHOD OF PAYMENT

  1. The price of the Services, including information on whether the price is inclusive or exclusive of VAT, is set out on the selected web interface of the Provider.
  2. The Customer may purchase a desired plan and will be billed accordingly. The Provider offers a monthly plan that combines fixed and a pay-per-use billing. Please refer to the Provider’s pricing page for more details.
  3. All fees, refunds and taxes payable hereunder are due in US Dollars. Payment obligations are non-cancellable and, except as expressly stated in these Terms and Conditions, the Customer’s payments are non-refundable.
  4. The payment methods are linked to the Provider’s payment gateway, which provides secure technology for accepting credit cards. Payment card numbers are entered through a secure and trusted channel and are not stored in any way.

6. SPECIAL PROVISIONS FOR CONSUMERS

  1. The provisions set out in this Article apply exclusively to the Customer who acts in the relationship arising from the conclusion of the Agreement as a consumer, i.e. as a natural person who concludes the Agreement outside the scope of its business activities (the “Consumer”).
  2. If the Agreement is concluded by means of distance communication, the Consumer has the right to withdraw from the Agreement within 14 days from the date of its conclusion in accordance with Section 1829 (1) of the Czech Civil Code (“CC”). If the Consumer withdraws from the Agreement, the consumer is obliged to pay for the Service on a pro rata basis of the agreed price corresponding to the value of the performance provided, in accordance with Section 1834 CC.
  3. The Consumer hereby expressly requests, within the meaning of Section 1823 CC, that the Provider shall commence the performance of Services under the Agreement immediately after its conclusion, i.e. within the withdrawal period pursuant to Section 1829(1) CC. If the Provider has fulfilled its obligations in this way before the expiry of the withdrawal period pursuant to section 1829(1) CC, the Consumer shall not be entitled to withdraw from the Agreement.
  4. In the event that a Consumer dispute arises between the Provider and the Consumer under the Agreement which cannot be resolved by mutual agreement, the Consumer may submit a proposal for out-of-court settlement of such dispute to the designated body for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, internet address: https://adr.coi.cz/, Email: adr@coi.cz is competent for out-of-court settlement of consumer disputes arising from the Contract.

7. RIGHTS AND OBLIGATIONS ARISING FROM DEFECTIVE PERFORMANCE, CLAIMS

  1. The rights and obligations of the contracting parties with regard to the Provider’s liability for defects, i.e. rights arising from defective performance, are governed by the relevant generally binding provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the CC).
  2. By using the Services, the Customer understands that the field of AI is developing dramatically, and the Provider disclaims any responsibility for the accuracy of the information and Services provided.
  3. With respect to the desired outcome, the Customer understands that the success or failure resulting therefrom is solely in Customer’s hands, and neither the Provider nor the principals of the Provider shall have any responsibility for it.
  4. All information at the Webpage and the functionality of the Services are based solely based on the experience of the Provider/author. This experience is subjective, and its interpretation may be incomplete and inaccurate and therefore the Provider and its principals (incl. the author) shall not be responsible for any outcome, decision or action based on the Services.
  5. Neither the Provider nor the principals of the Provider and others, shall be liable for any damage or injury caused by the use of the Services and information on the Webpage.
  6. Throughout the duration of the effectiveness of the Agreement, the Customer is fully self-responsible and fully accountable for his/her actions, behaviour and decisions. The success of the desired outcome depends on factors beyond Provider’s control, such as Customer’s skills, capabilities, knowledge, abilities, business knowledge, etc.
  7. Business is a risky activity that can result in financial loss and life changes. This is all in the hands of the Customer. Neither the Provider nor its executives are responsible for any damage or harm caused by the use of the information on the Webpage or by the Services.
  1. The Provider takes personal data protection very seriously and fully respects the confidential nature of the provided data by the Customers. The data is secured and protected against misuse. The Provider use it for the execution of the Services, the entire transaction, including the necessary accounting operations, issuing tax documents, identifying your non-cash payments and for communication with you, i.e. all customer administration and also for marketing purposes. This data is stored in a database with strict security against misuse and is not disclosed to third parties.
  2. In connection with the Europewide Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known under the abbreviation “GDPR”, the Provider hereby informs how and why processes personal data of individuals, including Customers, in the position of a personal data controller.
  3. In accordance with applicable legislation regarding personal data protection and GDPR, the Provider processes personal data provided by Customers based on (i) the Agreement concluded between the Provider and the Customer (or the agreement which is to be concluded); (ii) legal obligations which directly requires or permits such processing; (iii) a consent provided by the Customer which was granted to the Provider for a specified purpose; or (iv) the legitimate interest of the Provider to operate business and provide Services.
  4. In particular, the Provider processes in respect to the Customers first name, surname, company name, ID number, VAT identification number, IP address, address, contact email.
  5. The personal data will be processed for the purpose of performance of the concluded Agreement and delivery of ordered Services. Furthermore, personal data may be used for the purpose of improvement of Services. Furthermore, the Provider processes personal data to fulfil its legal obligations or to establish and defend its rights and claims.
  6. The Provider transfers personal data to third parties solely for the abovementioned purposes for processing and the transfer of the personal data occurs only to entities with which have a data protection agreement concluded with the Provider and/or to public authorities. Those may be in particular third party providers, external accountants, auditors or attorneys. The Provider uses contractual clauses and safety mechanisms when transferring personal data to protect all the data and concurrently act in accordance with standards in the field of personal data protection, confidentiality and safety. The Provider transfers personal data only within the EU and EU-US when providing Services and using third party providers.
  7. The Provider processes personal data for the period necessary for fulfilment of all contractual obligation and for protection of its rights and further for the period for which the Provider is required to store personal data pursuant to applicable legislation or for the period for which the Customer has granted his/her consent. Majority of personal data shall be kept for the duration of the Agreement and for the period of 3 years after the performance of the Agreement for tax and accounting purposes. In other cases, processing period results from the purpose of processing or it is governed by legislation in the field of personal data protection.
  8. The Customer has a right to request access to his/her personal data, their rectification or erasure, or restriction of their processing as well as the right to data portability. If the Customer has granted the Provider a consent with processing of personal data, the Customer may withdraw the consent at any time. The Customer may also object to the processing and exercise other rights pursuant to GDPR. The Customer may exercise these rights in person at the registered office of the Provider, in writing by post or by email.
  9. If the Customer considers that the processing of his/her personal data is unlawful, he/she may contact the Provider as its data controller or may lodge a claim with a supervisory authority, which is for the Czech Republic the Office for Personal Data Protection (www.uoou.cz).

9. EFFECTIVENESS

These Terms and Conditions will be effective from 1.10.2024. The Provider reserves the right to change these Terms and Conditions at any time without prior notice. All Agreements are always subject to the current version of the Terms and Conditions.