1. Introductory Provisions
These commercial and product terms and conditions (hereinafter collectively referred to as the “Terms”) govern the legal relationships arising in connection with the provision and use of the Echo Pulse service by Behavera.
The “Service” means the Echo Pulse service provided by Behavera through remote access via a web-based interface, the purpose of which is to enable the Client to obtain anonymous feedback from Participants and to receive clear analytical outputs and recommendations related to team functioning and people management.
The Service is provided in the scope and form available to the Client at any given time. Its specific technical solution, structure, and functionalities may change over time.
A “Participant” means a natural person invited by the Client to participate in a Pulse survey or other assessment conducted through the Service (hereinafter the “Participant”). A Participant may in particular be an employee of the Client or another person cooperating with the Client whose participation in the Service is enabled on the basis of a contractual relationship between Behavera and the Client.
Any written agreements concluded individually between Behavera and the Client shall prevail over the provisions of these Terms.
2. Conclusion of the Agreement and Conditions of Use of the Service
Conclusion of the Agreement
The contractual relationship between Behavera and the Client is formed at the moment when the Client expresses its consent to these Terms during the online registration process by means of a confirmation element in the web interface and the first payment for the Service is made, whichever occurs later, unless expressly agreed otherwise between the Parties.
Upon conclusion of the Agreement, the information regarding the Price of the Service and its scope displayed to the Client during the online registration process or provided individually by Behavera prior to the conclusion of the Agreement shall also form an integral part of the Agreement.
In the event of any discrepancy between an individual price offer provided to the Client by Behavera and the information displayed during the online registration process, the individual price offer shall prevail.
Client Registration and Use of the Service
By registering the Client in the Service’s web interface, the Client obtains user access through which it is entitled to use the Service within the scope agreed in accordance with these Terms.
The Client is obliged to provide true and up-to-date information during registration and is responsible for the actions of persons to whom it grants access to the Service.
The Client is entitled to enable the Participants through the Service, in particular by means of an individual link, for the purpose of involving them in Pulse surveys or assessments. A Participant may interrupt an assessment and continue it later, if permitted by the technical settings of the Service, and is not obliged to complete it.
Outputs and Responsibility
If an assessment is completed, the Client shall have access to automatically generated outputs corresponding to the current functionalities of the Service. If an assessment is not completed, only limited data may be made available.
The Client undertakes to use the Service in compliance with applicable legal regulations, good morals, and its intended purpose, and is responsible for the content made available through the Service.
Behavera is entitled, in justified cases, to restrict or suspend access to the Service in the event of misuse or a material breach of these Terms.
Technical Nature of the Service and Data
The Client acknowledges that the Service is provided as a cloud-based service and that its availability may be affected by technical circumstances beyond Behavera’s control.
Behavera is entitled to anonymize data generated in connection with the provision of the Service and to further use such anonymized data for statistical purposes and for improving the Service, in compliance with applicable legal regulations.
3. Price of the Service and Payment Terms
Price of the Service and Its Determination
The Price of the Service is determined based on the scope of use of the Service agreed between the Client and Behavera, in particular with regard to the reference number of Participants, the selected subscription variant (monthly or annual), and other parameters of the Service selected by the Client.
The reference number of Participants means the number of Participants specified by the Client and approved upon conclusion of the Agreement, in particular during the online registration process or in an individual price offer, which serves as the basis for determining the agreed Price of the Service.
The agreed Price of the Service is a fixed price for the agreed scope of the Service and is linked to the reference number of Participants.
A decrease in the actual number of Participants compared to the reference number shall have no effect on the agreed Price of the Service.
If the actual number of Participants using the Service within a single billing month exceeds the reference number of Participants by more than ten percent (10%), Behavera is entitled to adjust the agreed Price of the Service so that it corresponds to the expanded scope of use of the Service. For the purposes of this provision, the highest actual number of Participants recorded in the given billing month shall be taken into account.
The Price adjustment shall be made proportionally, so that the percentage increase in the Price corresponds to the percentage increase in the actual number of Participants above the reference number. The adjusted Price shall be deemed the new agreed Price of the Service and shall be linked to the updated reference number of Participants, regardless of any subsequent decrease in the actual number of Participants. The Parties acknowledge and agree that a Price adjustment under this Article is a direct consequence of a change in the scope of use of the Service and does not constitute a unilateral amendment of the Agreement or these Terms.
In the case of an annual subscription, Behavera is entitled to invoice the Price increase corresponding to the expanded scope of the Service even during the prepaid twelve-month period, proportionally for the remaining part of that period.
Behavera is obliged to inform the Client of any Price adjustment at least thirty (30) days in advance, with the new Price becoming applicable as of the date specified in the notice.
Payment Terms
The Price of the Service shall be paid on the basis of an invoice issued by Behavera and delivered electronically. Invoicing shall be carried out according to the selected subscription variant, i.e. monthly for a monthly subscription and in advance for twelve (12) months for an annual subscription. The invoice shall be due and payable within fourteen (14) days of its issue date.
If the Client is in default with payment of the Price for more than fourteen (14) days, Behavera is entitled to suspend the provision of the Service until the outstanding amount has been paid in full. During the period of suspension, the Client shall not be entitled to any discount or extension of the Service period.
Trial Period and Withdrawal Without Stating Reasons
The Client is entitled to withdraw from the Agreement without stating reasons within thirty (30) days from the date of payment of the first payment and to request a refund of the paid amount, provided that:
a) the implementation of the Service has been completed, and
b) the first Pulse survey has been completed.
If the first Pulse survey is not completed, the right to a refund shall not arise. Upon expiry of the period specified in this Article, the Client’s right to a refund shall lapse and the contractual relationship shall continue under the agreed terms.
Scope of the Price and Free Participation of Participants
The Price of the Service applies exclusively to the provision of the Service to the Client. Completion of an assessment by a Participant is free of charge under all circumstances and may not be charged to any of the Parties involved. The Client is not entitled to require any additional consideration from a Participant in connection with completing an assessment.
Non-Use of the Service
The Client shall not be entitled to a refund of the paid Price or to a discount from the Price in the event that it does not use the ordered Service, in particular due to technical obstacles on its side and/or failure of its Participants to complete assessments.
4. Information Security
Confidentiality
The Contracting Parties undertake to maintain confidentiality regarding all confidential information obtained in connection with the conclusion of the Agreement and the use of the Service. The obligation of confidentiality shall survive termination of the contractual relationship and shall not apply where disclosure of information is required by law.
Personal Data Protection
Roles of the Contracting Parties
The Client acts as the data controller within the meaning of the GDPR, as it determines the purposes and means of processing the personal data of Participants. Behavera acts as the data processor and processes personal data exclusively on the basis of the Client’s instructions and to the extent necessary for the provision of the Echo Pulse Service.
Subject Matter, Duration, and Purpose of Processing
The subject matter of processing consists of the personal data of Participants involved by the Client in the use of the Service. Processing is carried out for the duration of the contractual relationship, or for the period necessary to settle rights and obligations following its termination. The purpose of processing is the provision of the Service, in particular the implementation of Pulse surveys, evaluation of Participants’ responses, and making outputs available to the Client.
Types of Personal Data and Data Subjects
In particular, the following may be processed:
- limited identification and contact data,
- Participants’ responses within the Service,
- technical data related to the use of the Service.
Special categories of personal data under Article 9 GDPR are not processed unless expressly agreed otherwise. The data subjects are Participants, i.e. natural persons involved by the Client in the Service.
Obligations of the Processor
Behavera undertakes to:
a) process personal data only on the basis of documented instructions from the Client,
b) ensure confidentiality of persons authorized to process the data,
c) implement appropriate technical and organizational measures pursuant to Article 32 GDPR,
d) provide reasonable assistance to the Client in fulfilling GDPR obligations,
e) notify the Client without undue delay of any personal data breach.
Sub-processors
The Client grants Behavera general authorization to engage additional processors, in particular providers of technical and cloud infrastructure.
Behavera shall ensure that such sub-processors are bound by obligations corresponding to this provision.
Termination of Processing
Upon termination of the provision of the Service, Behavera shall delete or return the personal data in accordance with the Client’s instructions, unless retention is required by law.
Liability
The Client is responsible for fulfilling the obligations of a data controller, in particular for having a lawful basis for processing and for complying with information obligations towards data subjects.
5. Intellectual Property Protection
All content, functionalities, and technical solutions of the Service, including methodologies, tools, survey questions, algorithms, databases, user interfaces, and other related elements, are protected by intellectual property laws. The rights to these elements belong to Behavera or its licensing partners.
For the duration of the contractual relationship, the Client is entitled to use the Service exclusively by remote access and solely for its internal purposes, in accordance with these Terms. Provision of the Service does not result in any transfer of intellectual property rights to the Client.
In particular, the Client undertakes not to:
- make the Service or any part thereof available to unauthorized third parties,
- make copies of the Service or its content,
- perform reverse engineering, decompilation, or other interference with the technical solution of the Service,
- use the Service for the purpose of developing or operating a competing solution.
This shall not affect the Client’s right to use outputs and results generated through the use of the Service for its internal purposes.
6. Term of the Agreement and Its Termination
Term of the Agreement
The contractual relationship between Behavera and the Client is concluded for an indefinite period, unless expressly agreed otherwise between the Parties. The selected subscription variant (monthly or annual) determines the billing method and payment period, not the duration of the Agreement.
Termination of the Agreement by the Client
a) Monthly Subscription
In the case of a monthly subscription, the Client is entitled to terminate the Agreement in writing under the following conditions:
- during the first three (3) months from the commencement of the provision of the Service, the Client may terminate the Agreement at any time with immediate effect; the notice of termination must be delivered to Behavera no later than the last day of this period;
- after the expiry of this three-month period, the Client is entitled to terminate the Agreement with a notice period of two (2) months, with the notice period commencing on the first day of the calendar month following the month in which the notice of termination is delivered to Behavera.
Termination of the Agreement shall not affect the Client’s obligation to pay the Price for periods already provided or paid for, unless expressly stated otherwise in these Terms.
b) Annual Subscription
In the case of an annual subscription, the Client is entitled to terminate the Agreement in writing provided that the notice of termination is delivered to Behavera no later than two (2) months prior to the expiry of the current twelve-month prepaid Service period.
If the notice of termination is not delivered within this period, the scope of the Service under the annual subscription shall be automatically renewed for a further twelve-month period (repeatedly).
Withdrawal from the Agreement by Behavera
Behavera is entitled to withdraw from the Agreement with immediate effect if:
a) the Client is in default with payment of any due amount for more than fourteen (14) calendar days, or
b) the Client materially breaches its obligations arising from the Agreement or these Terms, in particular obligations related to payments, proper and authorized use of the Service, or protection of Behavera’s rights.
Termination of the Agreement by Behavera Without Stating Reasons
Behavera is entitled to terminate the Agreement in writing at any time without stating reasons, with a notice period of three (3) months. The notice period shall commence on the first day of the calendar month following the month in which the notice of termination is delivered to the Client.
In the event of termination under this provision, Behavera shall be obliged either to allow the Client to continue using the Service for a period corresponding to the already paid period, or to refund the Client a proportional part of the already paid Price for the period during which the Service will no longer be provided.
This shall not affect Behavera’s right to withdraw from the Agreement pursuant to the previous Article.
Behavera is entitled to terminate the Agreement under this provision even if the contractual relationship is agreed for a fixed term, unless expressly agreed otherwise between the Parties.
Consequences of Termination
Termination of the Agreement for any reason shall not entitle the Client to a refund of payments already made or any proportional part thereof, except in cases expressly stated in these Terms.
Upon termination of the Agreement, the Client’s right to use the Service shall cease; this shall not affect obligations which by their nature are intended to survive termination of the Agreement, in particular obligations relating to confidentiality, intellectual property protection, and payment of outstanding amounts.
7. Limitation of Liability and Disclaimer of Warranties
The Service is provided as a cloud-based service on an “as is” and “as available” basis. Behavera provides no warranties regarding uninterrupted availability, error-free operation of the Service, or achievement of any specific results. Outputs, assessments, and recommendations generated through the Service are for informational purposes only and do not constitute professional advice; all decisions made on their basis are taken by the Client at its own responsibility.
To the maximum extent permitted by applicable law, Behavera’s total liability for damages arising in connection with the provision of the Service shall be limited to an amount corresponding to the Price of the Service paid by the Client for one (1) calendar month.
8. Amendments to the Terms and the Price
Behavera is entitled to unilaterally amend these Terms and/or the Price of the Service to a reasonable extent, in particular for the following reasons:
a) changes in legal regulations, regulatory requirements, or interpretative practice of public authorities,
b) changes in technical, security, or operational parameters of the Service,
c) extension, limitation, modification, or optimization of Service functionalities or structure,
d) changes in costs of development, operation, maintenance, or support of the Service,
e) changes in Behavera’s business or pricing strategy,
f) adjustments of the Price reflecting market conditions, economic developments, or Behavera’s strategic objectives,
g) changes in the scope or manner of the Client’s use of the Service.
Any amendment to the Terms and/or the Price shall be notified to the Client at least thirty (30) days in advance by electronic mail sent to the Client’s contact email address and/or by notification in the Service’s user interface (e.g. notification or pop-up).
Client’s Right to Terminate the Agreement Upon Amendment
If the Client does not agree with the amended Terms and/or the Price, it is entitled to terminate the Agreement in writing no later than on the date the amendment becomes effective. In such case, the contractual relationship shall terminate on the effective date of the amendment, unless agreed otherwise between the Parties.
If, as of the termination date, the Client has paid the Price for a period during which the Service will no longer be provided, Behavera shall refund the Client a proportional part of the paid Price corresponding to the unused part of the prepaid period.
Acceptance of Amendments
If the Client continues to use the Service after the effective date of the amended Terms and/or Price, it shall be deemed that the Client accepts the amendment, and the amended Terms and/or Price shall become a binding part of the contractual relationship between the Client and Behavera.
Limitation of Effects of Amendments
Unilateral amendments to the Terms and/or the Price shall not affect claims already due or performances provided prior to the effective date of the amendment, and rights of the Parties arising before that date shall remain unaffected.
9. Final Provisions
These Terms and Conditions enter into force and effect on the 25th of January 2026.
These Terms and Conditions shall also apply to all contractual relationships between Behavera and Clients established prior to their effective date, as of the date on which the Client first logs into the Service or otherwise begins using it after the effective date.
In the event of any ambiguity, discrepancy, or dispute regarding the interpretation or meaning of these Terms and Conditions, the Czech language version shall prevail and be deemed the authoritative version. The current version of the Terms and Conditions of the Echo Pulse Service in the Czech language is available at: cz.behavera.com/terms.