Terms and Conditions for Purchase of the Whalebone Peacemaker Service

2.1. Based on the Customer’s registration on the User portal, the Customer may access its user interface. From its user interface, the Customer may place orders for the Service (hereinafter the “User Account”). The Online Store Interface also allows a registered Customer to place an order for the Service directly through the Online Store Interface.

2.2. When registering on the User portal and when ordering the Service, the Customer is obliged to provide all information correctly and truthfully. The Customer is obliged to update the information stated in the User Account whenever it changes. The information provided by the Customer in the User Account and when ordering the Service is considered correct by the Provider.

2.3. Access to the User Account is secured by a username and password. The Customer is obliged to keep confidential any information necessary to access its User Account.

2.4. The Customer is not entitled to allow third parties to use the User Account or to purchase the Service for third parties under discounted prices.

2.5. The Provider may cancel the User Account, in particular if the Customer breaches its obligations under the Agreement (including these Terms and Conditions).

2.6. The Customer acknowledges that the User Account may not be continuously available, in particular due to necessary maintenance of the Provider’s hardware and software equipment, or due to necessary maintenance of hardware and software equipment of third parties.

3.1. Any presentation of the Service placed in the Online Store Interface is for information purposes only and the Provider is not obliged to conclude an agreement regarding the Service. Section 1732(2) of the Civil Code shall not apply.

3.2. The Online Store Interface contains information about the Service, including prices of individual variants. Prices are stated excluding value added tax (VAT) and any related fees. The Service prices remain valid for as long as they are displayed in the Online Store Interface. This does not limit the Provider’s ability to conclude an agreement for provision of the Service under individually negotiated terms.

3.4. In order to order the Service, the Customer completes the order form in the Online Store Interface. The order form contains in particular information about:

3.4.1. the ordered Service (the Customer “adds” the ordered Service to the electronic shopping cart of the Online Store Interface),

3.4.2. the method of payment of the Service price, and

3.4.3. other information necessary for provision of the Service (hereinafter collectively the “Order”).

3.6. The Provider is always entitled, depending on the nature of the Order (scope of the Service, price), to request additional confirmation of the Order from the Customer (for example in writing or by phone).

3.7. The contractual relationship between the Provider and the Customer is established upon delivery of the acceptance of the Order (acceptance), which is sent by the Provider to the Customer by email to the Customer’s email address, or within the User Account (if created by the Customer), marked as “Order Acceptance”.

3.8. The Customer agrees to the use of means of distance communication when concluding the Agreement. Costs incurred by the Customer when using means of distance communication in connection with concluding the Agreement (internet connection costs) shall be borne by the Customer.

4.1. The Customer may pay the Service price and any costs associated with delivery under the Agreement by payment card using the payment interface of Stripe Payments Europe, Limited, an Irish registered company.The same applies for Service cancellation.

4.2. The Service Fee is calculated based on the specific Service variant selected and the volume of network traffic within the Customer's network, determined by the aggregate number of connections and the geographic region. For the purposes of pricing, the Provider assumes a baseline utilization of 12,500 DNS queries per diem per individual end-user.

4.3. Prices are stated excluding VAT and are valid for a 10% quarterly measured deviation from the data provided by the Customer (pricing assumption). If the pricing assumption is exceeded without notice from the Customer, the Provider will notify the Customer and, if the situation persists and no other agreement is concluded, the Provider has the rights to increase the price of service pro rata to the exceeding traffic.

4.4. For payments made under the Agreement, the Provider will issue the Customer a tax document – invoice. The Provider is a VAT payer. 

5.1. The Customer acknowledges that, pursuant to Section 2001 of the Civil Code, this agreement for provision of the Service may be withdrawn from only for the reasons set out in Section 2002, i.e., a material breach of contractual obligations by the other party which the breaching party knew or should have known at the time of concluding the Agreement that the other party would not have concluded the Agreement if it had foreseen such breach.

5.2. Withdrawal from the Agreement cancels the obligation from the outset. Any received performance must be returned without undue delay after withdrawal. Any payments made by the Provider will be carried out by bank transfer to the bank account, the number of which the Customer is obliged to provide to the Provider.

6.1. Without undue delay after receipt of payment, the Customer will be provided with an active commercial Whalebone account with capacity secured for the specified traffic, or the ordered extension will be activated. If the Customer already has a Whalebone portal in test mode, the account will be changed to commercial status and the secured capacity will be increased to the full specified traffic.

6.3. The Provider is responsible for providing the Service free of defects so that it can be used for the agreed purpose (see Article 7). The Provider will maintain on its side appropriate technical and/or software equipment or network connectivity necessary for proper use of the Service by the Customer.

6.4. The provisions of Sections 2389a to 2389g of the Civil Code shall expressly not apply to this Agreement.

7.2. The Provider is responsible to the Customer that, for the duration of the obligation, the Service is provided in accordance with the service level agreement (SLA), which forms part of Annex 1 to these Terms and Conditions.

7.5. Further rights and obligations of the parties related to the Provider’s liability for defects may be set out in Annex 1 to these Terms and Conditions.

8.1. Processing of personal data of the Customer who is a natural person, or of the Customer’s contact persons, is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) (hereinafter the “GDPR”).

8.2. The Customer provides its personal data for processing to the extent of first name and surname, address and/or registered office or delivery address(es), email address, telephone number, for the purpose of performance of rights and obligations under the Agreement, including administration of the User Account (if chosen by the Customer). Provision of personal data is not mandatory; however, without it the Agreement cannot be concluded and the Order cannot be completed, or the User Account cannot be created and administered. For payment purposes, data about the payment method will be processed.

8.4. The Provider may send the Customer messages with news and commercial offers relating to previously concluded transactions; however, the Customer may unsubscribe at any time via the link in such message or by email expressing refusal sent to XXX@whalebone.io. The Provider fulfils its information obligation towards the Customer under Article 13 GDPR related to processing of personal data for the purpose of sending commercial communications through a separate document (https://www.whalebone.io/privacy-policy).

8.5. The Customer acknowledges that it is obliged to state its personal data correctly and truthfully and to inform the Provider without undue delay of any changes to its personal data.

8.6. The Provider may entrust processing of the Customer’s personal data to a third party as processor. For payment purposes, the data will be processed by the processor Stripe Payments Europe, Limited, an Irish registered company.

8.7. The Customer confirms that the provided personal data is accurate and that it has been informed that provision of personal data is voluntary.

8.8. The Customer’s rights are further described in a separate information notice on personal data processing (https://www.whalebone.io/privacy-policy.

8.9. On the User portal website https://portal.whalebone.io, the Provider processes cookies necessary for the functioning of the website and for analytical purposes. With the visitor’s consent provided through a separate banner containing relevant legal information, also for marketing purposes. Consent to the collection of cookie data for marketing purposes may be withdrawn at any time by changing the settings of the relevant internet browser.

9.1. If the relationship established by the Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law and any disputes shall be decided by the courts of the Czech Republic.

9.2. If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments and supplements to the Agreement or these Terms and Conditions require written form.

9.3. Provider’s contact details:

Name: Whalebone, s.r.o.

Address: Jezuitská 14/13, 60200 Brno Czech Republic

email: info@whalebone.io

Version: April 2026