rexguard terms of service

1. Introduction and definitions

These terms of service (the "Terms") govern the relationship between Datarex s. r. o. (the "Provider") and the customer in providing the rexguard service.

Definitions:

• Provider – Datarex s. r. o., Trieda SNP 1534/22, 974 01 Banská Bystrica, Slovakia, Company ID 53058968.
• Customer – a natural or legal person who has created an account and uses the rexguard service.
• Consumer – a customer who is a natural person not acting within their trade, business or profession.
• The rexguard service – protection of the customer's websites: the traffic to their sites passes through the Provider's servers (nodes), which check the requests, stop dangerous ones and pass the others on to the customer's server.
• Site – a website of the customer, with one or more domain names, protected by the service.
• Customer's server – the server the customer's site runs on, to which the nodes pass the requests.
• Visitor – a person or program accessing the customer's site through the rexguard service.
• Portal – the web interface for managing the account, sites and orders at console.rexguard.app.
• Plan – the extent of the service according to the price list (Free, Premium, Business, Enterprise).

2. Subject of the contract and the service

The subject of the contract is the provision of the rexguard service to the extent of the chosen plan. The plans, their limits and prices are given in the price list on rexguard.app. The Free plan is free of charge.

The service includes in particular:

• receiving visitors' requests on the Provider's nodes and passing them on to the customer's server,
• checking the requests: attack signatures, reputation lists, the customer's own rules, rate limits, a browser check (challenge), detection of unusual traffic and the bot model, to the extent of the plan,
• certificates for the sites' domain names (from the Let's Encrypt certificate authority),
• traffic statistics and email alerts.

Each site can be in a mode in which the protection only monitors, or in a mode in which it protects. No protection stops every attack, and it may sometimes stop a legitimate request; the customer can therefore set exceptions and the mode of their site.

3. Account and sites

The customer creates an account in the portal with an email address (verified by a code) or a Google account. The service is available to customers with an address in a member state of the European Union. The customer provides true and current information and protects their credentials (password, passkeys) from misuse; they are responsible for activity in their account.

The customer may add only sites with domain names they are entitled to use. A domain name is protected once the Provider finds the customer's verification TXT record in DNS and the domain name points to the Provider's nodes, and once the customer's email address is verified.

4. Prohibited use and illegal content

The customer undertakes not to use the service for sites or activities that:

• spread illegal content (copyright infringement, child sexual abuse material, terrorist content, illegal hate speech),
• serve phishing, fraud, or the spreading of malware or viruses,
• attack other systems (including DDoS attacks),
• breach the laws of the Slovak Republic or the European Union.

Anyone can report illegal content on a site protected by rexguard with the form at rexguard.app/abuse. The Provider assesses the report and confirms its receipt to the reporter.

If this article is breached, the Provider may block the site or the whole account (article 10).

5. Fair use

The number of requests is not limited on any plan. If the sites of an account on the Free plan produce traffic well above normal use over a longer time, the Provider contacts the customer and asks them to move to a paid plan.

6. The customer's rights and obligations

The customer undertakes:

• to provide true and current contact and billing details and to update them in the portal without undue delay when they change,
• to pay for the service on time according to the chosen plan,
• to use the service in accordance with the law and these Terms,
• to keep their server and site secure and up to date; the rexguard service does not replace the security of the customer's server,
• to use a strong password (at least 12 characters) and to change it if misuse is suspected.

The customer is the controller of their sites' visitors' personal data; the Provider processes it as a processor in providing the service, under the Data Processing Agreement, which is part of the contract.

7. The Provider's rights and obligations

The Provider undertakes:

• to provide the service with professional care to the extent of the chosen plan,
• to announce planned maintenance that may limit the service in advance where possible,
• to protect the customer's personal data in accordance with the GDPR,
• to provide technical support.

The Provider does not guarantee a particular percentage of availability.

Technical support:

• through requests (tickets) in the portal or by email to info@rexguard.app,
• an answer within 24 hours on working days (Monday to Friday, 9:00 – 17:00),
• a priority answer within 4 hours when the service is down,
• support covers problems with the service and advice on setting it up; it does not cover developing or administering the customer's site or server.

8. Payment terms

Prices in the price list are in euros without VAT. VAT is added according to the law: 23 % for Slovak customers and for consumers; for a company from another EU member state with a valid VAT number (checked in the VIES system) the reverse charge applies.

Paid plans are paid monthly or yearly, by card (through Stripe) or by bank transfer.

Order and invoice:

• once an order is created, a proforma invoice is issued; for a transfer, the variable symbol is the order number,
• once paid, the plan is activated or extended and an invoice (tax document) is issued and sent to the customer by email,
• an unpaid order is cancelled after 14 days without penalty.

Changing plans: the customer can move to a bigger plan at any time during a paid period, paying the difference for the days left; moving to a smaller plan or to Free happens at the end of the paid period.

Automatic renewal:

• the customer can switch it on when paying by card or on the plan page in the portal, and switch it off at any time,
• before each charge, they get an email (7 days before for a yearly plan, 3 days before for a monthly one),
• the saved card is charged 7 days before the period ends; if the payment fails, it is tried again after 3 days and on the day the period ends, and the customer gets an email with a way to pay otherwise.

Without automatic renewal, the customer gets reminders 14, 7, 3 and 1 day before the period ends and orders the renewal in the portal.

The end of a paid period without payment:

• 14 days of grace, during which the service works as before, with reminders,
• then the account moves to the Free plan: one site stays, chosen by the customer (otherwise the oldest); the other sites keep working with the Free plan's features for 30 more days (with weekly emails) and are then disconnected from the Provider's network.

The Provider charges no penalties for late payments or services not renewed.

Price changes: the Provider announces a price change at least 30 days in advance; the new price applies from the next renewal, and the customer can switch automatic renewal off before that.

9. Refunds and withdrawal from the contract

Every customer (consumer or company) can ask, within 14 days of paying, for the whole amount of their latest paid order back, in the portal at the order ("Ask for a refund") or by email to info@rexguard.app. Once approved, the Provider returns the whole amount the way it was paid (a card payment through Stripe, a transfer to an account), and the account goes back to the plan it had before that order (for a first order, to Free).

For consumers this is also their statutory right to withdraw from a distance contract within 14 days without giving a reason, under Act No. 108/2024 Coll. on consumer protection. The procedure and a model form are on the Withdrawal page on rexguard.app.

If a later order has been applied since an earlier one (within 14 days of paying for it), its refund is handled through support.

After the 14 days, no money is returned for unused time. A customer who doesn't want to continue switches automatic renewal off; the plan lasts until the end of the paid period.

10. Blocking and suspension

The Provider may block a site or a whole account:

• when these Terms are breached, in particular article 4,
• on a report of illegal content that it finds justified,
• when the service or other customers are put at risk,
• on a court decision or a request of a public authority,
• in a security incident (for example a compromised account).

For a blocked site the nodes answer with a refusal page, and requests don't reach the customer's server; the customer can't sign in to a blocked account. The customer gets the reasons by email and sees them in the portal. While blocked, no payments are charged and the plan isn't renewed automatically; the paid period keeps running. Once the reason is removed, the Provider lifts the block and tells the customer.

11. Deleting the account

The customer can delete their account in the portal at any time after confirming their identity, but not while an order is unpaid or a refund request is open. The sites are disconnected from the Provider's network at once (the customer must change their domain names' DNS), cards are removed, and personal data is erased; orders and invoices are kept for 10 years, as the law requires. Remaining paid time is not refunded, except under article 9. The customer can download a copy of their data in the portal beforehand.

12. Communication

The Provider communicates with the customer by email to their account's address and in the portal. A notice sent by email is deemed delivered 24 hours after it was sent. The customer is responsible for their email address working.

The Provider's contact in all matters (support, billing, complaints, withdrawal, data protection): info@rexguard.app.

13. Complaints

The customer files a complaint through a request in the portal or by email to info@rexguard.app, giving the account's email address, a description of the problem and when it began. The Provider confirms its receipt within 24 hours on working days and settles it within 30 days of receiving it. Complaints may concern in particular the service being unavailable outside announced maintenance, agreed features not working, and incorrect billing.

14. Liability

The Provider is liable for damage caused by breaching its obligations under the laws of the Slovak Republic.

The Provider is not liable for damage resulting from:

• force majeure (natural disasters, wars, power outages beyond the Provider's control),
• the customer's incorrect use of the service or breach of these Terms,
• vulnerabilities, errors or malware on the customer's server or site,
• attacks exceeding the capacity of the service,
• the protection, applied with professional care, stopping a legitimate request or not stopping an attack,
• outages of third parties (connectivity providers, DNS, payment gateways, the certificate authority),
• indirect damage (lost profit, loss of reputation).

Compensation for damage is limited to the amount the customer paid for the service in the last 12 months; this does not apply to damage caused intentionally or by gross negligence. [to confirm: the limit for the Free plan]

The customer is responsible for the content of their sites and compensates the Provider for claims of third parties arising from that content.

15. Personal data protection

The processing of the customer's personal data is governed by the Privacy Policy; the processing of the personal data of the customer's sites' visitors by the Data Processing Agreement. Both are on rexguard.app.

16. Security

The Provider encrypts communication (TLS), limits access to data to its administrators, and informs the customer of a security incident concerning them without undue delay. The customer protects their credentials, keeps their server up to date and reports suspicious activity without delay.

17. Dispute resolution

The parties will try to settle a dispute by agreement. A consumer can turn to the Slovak Trade Inspection (www.soi.sk) and has the right to alternative dispute resolution under Act No. 391/2015 Coll. Court disputes belong to the courts of the Slovak Republic; for consumer disputes, the court of the consumer's residence.

18. Governing law and final provisions

The contract is governed by the laws of the Slovak Republic, in particular the Civil Code, the Commercial Code, Act No. 108/2024 Coll. on consumer protection, Act No. 22/2004 Coll. on electronic commerce, Regulation (EU) 2016/679 (GDPR) and Act No. 18/2018 Coll. on personal data protection.

Changes to the Terms: the Provider announces a change to the Terms at least 30 days in advance by email and in the portal. A customer who disagrees can delete the account or switch automatic renewal off before the change takes effect, without penalty; continuing to use the service after it takes effect means agreement.

Severability: if a provision is invalid, the others remain in force, and the invalid one is replaced by the valid provision closest to it.

Assignment: the Provider may assign its rights and obligations under the contract to a third party (for example on the sale of the company) and tells the customer 60 days in advance. The customer may assign their rights and obligations only with the Provider's written consent.

These Terms, together with the order and the Data Processing Agreement, are the whole agreement of the parties. The Terms are made in Slovak and English; both versions are equally binding.

The Provider's details

Datarex s. r. o. Trieda SNP 1534/22, 974 01 Banská Bystrica, Slovakia Company ID: 53058968, Tax ID: 2121241716, VAT ID: SK2121241716 Registered in the Commercial Register of the District Court Banská Bystrica, section Sro, file 38756/S. Email: info@rexguard.app