Terms of Service

2.1 Eligibility

The Platform is intended for use by existing MORPH clients who have an active Service Agreement. By registering, you represent that you are at least 18 years old, have the legal authority to bind the entity on whose behalf you are creating an account, are an existing client of MORPH with an active service relationship, and will use the Platform solely for lawful business purposes. If your Service Agreement terminates or expires, your access to the Platform will be terminated in accordance with Section 13. Access to the Platform is currently provided on an invite-only basis, and we reserve the right to accept or decline registration requests at our sole discretion.

2.2 Authorized Users

You are responsible for all Authorized Users who access the Platform through your account, including their compliance with these Terms and with Meta's Platform Terms and Developer Policies. You will ensure that each Authorized User is made aware of the obligations set out in these Terms before accessing the Platform. Any act or omission of an Authorized User shall be treated as your act or omission.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at info@morph.cz if you suspect unauthorized access. MORPH AI is not liable for losses arising from unauthorized use of your account where such use results from your failure to safeguard your credentials. You agree that the information you provide during registration and throughout your use of the Platform will be true, accurate, and current, and you will promptly update your information to keep it accurate.

3.1 Platform Description

MORPH AI provides a multi-tenant SaaS platform for marketing agencies, encompassing campaign management, analytics, lead processing, and integration with third-party advertising services including Meta (Facebook/Instagram). The specific features and functionality available to you may vary and are described in the Platform documentation and your Service Agreement.

3.2 Service Availability

We aim to maintain high availability of the Platform but do not guarantee uninterrupted access. Downtime may occur due to maintenance, updates, third-party service disruptions (including changes to Meta Platform APIs), or other circumstances beyond our control. We will make reasonable efforts to notify clients of planned maintenance in advance.

3.3 Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time. Modifications to the Platform will not result in additional charges to you beyond those agreed in your Service Agreement. If a change materially reduces the functionality available to you, we will provide reasonable notice and communicate the nature of and reason for the modification in a timely and intelligible manner. If such a modification negatively impacts your access to or use of the Platform in more than a minor way, you may terminate your use of the affected functionality in accordance with Section 13.

3.4 SMS Communications

The Platform and associated booking processes may use SMS messages to communicate with Clients and prospective clients. Where a phone number is provided through a booking form or other intake process and consent to receive SMS messages is given, the recipient agrees to receive text messages related to scheduled appointments and services provided by MORPH. These messages may include appointment confirmations, reminders, rescheduling or cancellation notifications, and follow-up communications related to a scheduled consultation.

Message frequency varies depending on appointment schedule and interactions. Recipients will typically receive between 1 and 5 messages per booking.

Recipients may opt out of SMS messages at any time by replying STOP to any message received from MORPH. A single confirmation message will be sent acknowledging the opt-out. To resume SMS messages after opting out, reply START or provide a phone number again through a booking form. For assistance, reply HELP or contact info@morph.cz.

Message and data rates may apply depending on the recipient's mobile carrier. MORPH does not charge for SMS messages. Carriers are not liable for delayed or undelivered messages.

4.1 Meta Platform Integration

The Platform integrates with Meta Platform APIs to provide campaign management, analytics, and lead processing services. When you connect your Meta account via Facebook Login for Business, you authorize MORPH AI to access your ad accounts, Pages, and associated campaign data on your behalf. The specific permissions requested are disclosed during the connection process and are limited to those necessary for the Platform's functionality.

4.2 Client Obligations for Meta Platform Data

By connecting your Meta account, you represent and warrant that:

• You have the legal authority to grant access to the connected ad accounts and Pages.
• You will maintain your own privacy policy on any lead forms, landing pages, or campaigns that collect End User data, in compliance with Meta's Platform Terms and applicable law.
• You will ensure that End User data collected through lead forms is used only for the specific purpose declared in the campaign.
• You will obtain valid consent from End Users before using their data to build, augment, or supplement user profiles.
• You will comply with all applicable Meta terms and policies, including the Meta Platform Terms, Developer Policies, Meta Terms of Service, Meta Advertising Standards, Commercial Terms, and Self-Serve Ads Terms, as applicable to your use of Meta's advertising services.

4.3 Revoking Meta Access

You may disconnect your Meta account at any time through the Platform settings or by removing the MORPH AI app from your Facebook Business Integrations settings. Upon disconnection, we will cease accessing new Meta Platform Data on your behalf and delete stored Meta Platform Data in accordance with the data retention practices described in Section 8.

4.4 Conversions API

5.1 Data Controller and Processor Roles

You (the Client) are the data controller for End User personal data collected through your marketing campaigns. MORPH AI acts as a data processor, processing End User data on your behalf and according to your instructions as implemented through your use of the Platform. MORPH AI is the data controller for Client account data.

5.2 Data Processing Obligations

Our processing of personal data on your behalf is governed by these Terms and our Privacy Policy, which together constitute a binding agreement within the meaning of GDPR Article 28. MORPH AI shall: process personal data only on your documented instructions (your use of the Platform, including the features you enable and integrations you configure, constitutes your documented instructions); inform you immediately if, in our opinion, an instruction infringes the GDPR or other applicable data protection law; ensure that persons authorized to process the data are bound by confidentiality obligations; assist you in responding to data subject rights requests and in fulfilling your obligations under GDPR Articles 32–36 where applicable; notify you of any data subject rights requests communicated to us by Meta concerning your users; at your choice, delete or return all personal data at the end of the service relationship, unless retention is required by law; and make available to you information necessary to demonstrate compliance with these obligations, including allowing for audits subject to reasonable advance notice and confidentiality obligations. If you require a separately executed Data Processing Agreement to satisfy your own regulatory or client obligations, contact us at info@morph.cz.

5.3 Client Data Isolation

Each Client's data is isolated within the Platform. No Client may access another Client's Meta Platform Data, leads, or campaign information.

5.4 Data Security

MORPH AI maintains administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of User Data in accordance with GDPR Article 32 and Meta's Platform Terms. These safeguards are designed to meet or exceed industry standards appropriate to the sensitivity of the data processed.

5.5 Breach Notification

In the event of a personal data breach affecting User Data, MORPH AI will notify Meta in accordance with the Meta Platform Terms, notify you without undue delay so you can fulfill your obligations as data controller under GDPR Articles 33 and 34, and immediately begin remediation of the incident.

6.1 Third-Party Dependencies

The Platform integrates with third-party services, including Meta (Facebook/Instagram). MORPH AI is not affiliated with, endorsed by, or officially connected to Meta Platforms, Inc. The availability and functionality of third-party integrations are subject to the policies and availability of those third parties. We are not responsible for changes, outages, or discontinuations of third-party services.

6.2 Your Third-Party Accounts

You are solely responsible for your relationships with third-party platforms, including compliance with their terms of service. We may suspend or limit Platform features if a third-party provider restricts or revokes access.

6.3 Sub-Processors

MORPH AI engages third-party sub-processors in the categories of application hosting, database infrastructure, AI processing, workflow automation, telephony and SMS delivery, and integration services. A current list of sub-processors, including their identities and locations, is available upon request at info@morph.cz.

We will notify you of any material changes to our sub-processor list at least 14 days before the new sub-processor begins processing User Data. If you have a reasonable objection based on data protection grounds, you may notify us in writing within those 14 days. We will work with you in good faith to address your concerns. If we cannot resolve your objection, you may terminate your use of the affected Platform feature without penalty.

We maintain written agreements with each sub-processor imposing data protection obligations no less protective than those set out in these Terms and our Privacy Policy. Where personal data is transferred outside the European Economic Area, we ensure such transfers comply with GDPR Chapter V, as described in our Privacy Policy.

7.1 MORPH AI Ownership

All intellectual property rights in the Platform - including software, design, text, graphics, algorithms, and AI models - are and remain the exclusive property of MORPH s.r.o. These Terms do not grant you any ownership interest in the Platform.

7.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes for the duration of your access to the Platform.

7.3 Your Content

You retain all rights to your data, including campaign configurations, uploaded assets, and business information you provide to the Platform. You grant MORPH AI a non-exclusive, royalty-free license to process, store, and transmit this data as necessary to provide the Platform services, including through our sub-processors. Lead data and campaign data processed on your behalf are not used to train AI models for use by other clients.

7.4 Feedback

If you provide feedback, suggestions, or ideas regarding the Platform, you grant MORPH AI an irrevocable, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

8.1 Retention

We retain your data for as long as your account is active and as needed to provide the Platform services. Specific retention periods are described in our Privacy Policy. In general, campaign data is retained for the duration of the active Meta connection, lead data is retained for up to 90 days after delivery to your configured destination, and account records are retained for the duration of the service relationship plus any period required by Czech statutory obligations.

8.2 Account Termination

Upon account termination, and in accordance with the data processing obligations in Section 5.2, we will at your choice either return your Workspace data in a commonly used, machine-readable format or delete your Workspace data, including Meta Platform Data and lead information, within 30 days. If you do not make a choice within 30 days of termination, we will delete the data. Minimal records (account registration) will be retained only as required by applicable law.

8.3 Deletion Requests

You may request deletion of specific data at any time by contacting info@morph.cz. We will process deletion requests within 30 days, subject to legal retention obligations. If an End User removes the MORPH AI app from their Facebook settings, or if Meta sends a data deletion request, we will delete the associated data within 30 days and provide confirmation as required by Meta's Platform Terms.

10.1 Platform Warranty

MORPH AI warrants that the Platform will perform substantially in accordance with its documentation. This warranty does not cover issues arising from third-party services (including Meta API changes), your misuse of the Platform, or force majeure events.

10.2 Disclaimer

To the maximum extent permitted by applicable law, and except as expressly set forth in Section 10.1, the Platform is provided "as is" and "as available." MORPH AI disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be error-free, that defects will be corrected, or that results obtained from the Platform will be accurate or reliable.

10.3 AI-Generated Content and No Professional Advice

The Platform includes AI-powered features that generate suggestions, ad copy, reports, and other outputs. AI-generated content is provided for informational and operational purposes only and should not be relied upon as professional, legal, financial, tax, or medical advice. You are solely responsible for reviewing and approving all AI-generated content before use and for ensuring your advertising campaigns and business operations comply with applicable law. MORPH AI does not guarantee any specific level of results, revenue, leads, or conversions from your use of the Platform.

11.1 Cap on Liability

To the maximum extent permitted by applicable law, including the Czech Civil Code (Act No. 89/2012 Coll.), MORPH AI's total aggregate liability under these Terms shall not exceed the total fees paid by you to MORPH (whether under these Terms or your Service Agreement) in the twelve (12) months preceding the event giving rise to the claim, or €5,000, whichever is greater.

11.2 Exclusion of Damages

To the maximum extent permitted by applicable law, in no event shall MORPH AI be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, whether based on warranty, contract, tort, or any other legal theory, even if advised of the possibility of such damages. You acknowledge that the Platform's functionality depends on the continued availability of Meta Platform APIs and that MORPH AI shall not be liable for any loss or damage arising from Meta's modification, restriction, suspension, or discontinuation of its APIs, or from Meta's enforcement actions on your account. The limitations and exclusions in this Section 11 do not apply to liability arising from intentional misconduct or gross negligence, or to any liability that cannot be limited or excluded under applicable law, including the Czech Civil Code (Act No. 89/2012 Coll.).

13.1 Term

These Terms are effective from the date you first access the Platform and continue until terminated by either party. Termination of your Service Agreement will automatically terminate your access to the Platform. Termination of Platform access does not affect your Service Agreement.

13.2 Termination by You

You may terminate your account at any time by contacting us at info@morph.cz or through the Platform settings. Termination of Platform access does not affect fees or obligations under your Service Agreement.

13.3 Termination by Us

We may suspend or terminate your access if you breach these Terms, if required by Meta in accordance with Meta's Platform Terms, or if continued service would violate applicable law. We will provide reasonable notice where practicable, except in cases requiring immediate action.

13.4 Survival

Sections 5 (Data Processing), 7 (Intellectual Property), 8 (Data Retention), 11 (Limitation of Liability), 12 (Indemnification), 14 (Confidentiality), and 15 (Governing Law) survive termination of these Terms.

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law principles.

15.2 Jurisdiction

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.

15.3 Mandatory Rights

Nothing in these Terms limits or excludes any rights that cannot be limited or excluded under applicable law, including mandatory data protection rights and the right to lodge a complaint with a supervisory authority.

15.4 Amicable Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes amicably through good-faith negotiation for a period of at least thirty (30) days from written notice of the dispute.

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and MORPH AI regarding your use of the Platform specifically. These Terms do not supersede, replace, or modify your Service Agreement, which continues to govern the broader service relationship between you and MORPH.

16.2 Modifications to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or Meta's Platform Terms and Developer Policies. We will use commercially reasonable efforts to notify you of material changes at least 30 days before they take effect, via email to the address associated with your account or through a notice in the Platform. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms. Where required by applicable law, your affirmative consent will be obtained before changes take effect. If you do not agree with the changes, you may terminate your use of the Platform in accordance with Section 13.

16.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.4 Waiver

The failure of MORPH AI to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of MORPH s.r.o.

16.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. MORPH AI may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

16.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, epidemics, government actions, power outages, or internet or telecommunications failures.

16.7 Notices

All notices under these Terms shall be sent by email. Notices to MORPH AI should be sent to info@morph.cz. Notices to you will be sent to the email address associated with your MORPH AI account.