§ 1. SUBJECT OF THE RULES AND REGULATIONS
These Rules and Regulations define conditions of use of the Internet service operating in the domain www.synerise.com and the application available through said system, including but not limited to the rights and obligations of the service and application users as well as duties and the scope of liability of the owner of said service and application.
§ 2. CERTAIN DEFINED TERMS
As used in these Rules and Regulations, the following terms shall have the following meaning:
Service Provider – Synerise S. A. with registered office in Kraków at the address: ul. Podole 60/3.30, Kraków 30-394, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków Śródmieście in Kraków, Ninth Commercial Division of the National Court Register with the KRS number 0000468034, NIP number: 679 309 32 92, initial capital in the amount of PLN 225 800.00, paid up in full, namely, the entity providing the Website and the Application;
Application – internet application which enables automation of marketing and sales processes for Users, including but not limited to processing of data related to sales and marketing and their complex analytics – functions compliant with the current specification available via the Service;
Password – a string of symbols created by the User used to protect access to the Application;
Account – virtual space assigned to the User within the framework of the W that enables the use of the Application with access thereto protected by Login and Password;
Login – created by the User individual and unique marking of the User’s Account composed of digits and/or letters, alternatively his email address, used to access the Account and to enable the use of the Application;
Rules and Regulations – this document accompanied by Appendices thereto which constitute its integral part;
Website – Internet service located at the Internet address: www.synerise.com which enables the use of the Application;
Services – Services within the meaning of the [Polish] Act of 18 July 2002 on Providing Services by Electronic Means which entail the Service Provider making the Application available by means of the Website;
User – entrepreneur within the meaning of Article. 431 of the [Polish] Civil Code who uses the Application.
§ 3. TECHNICAL REQUIREMENTS
Using of the Website is possible by way of a device that allows Internet access equipped with an up-to-date web browser (in the newest possible version)
In order to use the Application – apart from the conditions listed in paragraph 1 – obtaining an electronic mail address is also required.
Any and all persons who visit the Website or use the Application shall be required to obtain the items named here in above in paragraph 1 and paragraph 2 themselves, namely, the devices, software as well as the electronic mail address.
§ 4. ENTERING INTO AGREEMENTS FOR PROVISION OF SERVICES AND TERMINATION THEREOF
Agreement for Provision of Services shall be entered into for an unlimited period of time, effective from the time the Account is activated.
The User may at any time terminate the Agreement for Provision of Services by deleting the Account.
The Service Provider may terminate the Agreement pursuant to the provisions of these Rules and Regulations.
§ 5. FIRST USE OF APPLICATION
In order to use the Application, the User shall be obliged to provide data required in the registration form located at https://app.synerise.com/register/, create a Password and – optionally – a Login.
A precondition [sine qua non] to commence the Services rendered by the Service Provider shall be acceptance of the Rules and Regulations by marking the relevant field in the registration form. The text of the Rules and Regulations contains a link to the current contents thereof.
The Service Provider shall verify the User’s right to manage the electronic mail address submitted during registration mentioned in subparagraph 1 of the registration procedure by means of mailing an activating link to said electronic mail address. Opening the link in a web browser shall result in creating the Account and, therefore, in the commencement of the provision of Services by the Service Provider.
In case when the User loses the access data for the Account, it is possible to retrieve the Login and to generate a new Password by means of a relevant functionality. In order to retrieve the password, choose “password recovery” option and follow the instructions displayed on the Website.
§ 6. FUNCTIONALITY OF THE APPLICATION
By means of Application and depending on the purchased modules, the User has access to a consistent ecosystem comprised of tools such as:
Detailed description of the modules functionalities listed in subparagraph 1 is available via the Website.
The Application allows for integration with external systems via API. The terms and conditions of use for said services are regulated by relevant regulations. The Users shall be obliged to observe the regulations in question when using the API. At the same time the Service Provider shall be entitled to change the catalogues of external system services with which the Application may be integrated by way of API.
The Service Provider provides the Users with assistance regarding the use of the Application by means of a help module and consultant support.
Details of implementation of the Application in case of a specific User, including but not limited to additional services, shall be subject of separate agreements.
§ 7 REMUNERATION OF THE SERVICE PROVIDER
The Service Provider shall make the Application available for remuneration.
Current price list is available via the Website. Article 13 subparagraph 3 shall be applied respectively to changes in the existing price list and to a possible introduction of new fees.
Payments are handled by the company PayLane sp. z o.o. with its registered office at Arkońska 6/A3 Street, postal code: 80-387, KRS: 0000227278 .
Unless the applicable provisions in force stipulate otherwise, the User shall not be entitled to reimbursement of paid fees under the Rules and Regulations.
Any and all prices listed in the Website or in the Application are net prices and VAT tax at the rate relevant for the date of assumption of the tax liability shall be added thereto.
§. 8 OBLIGATIONS OF THE USER
At the time of creating the Account, and subsequently during the time he is using the Application, the User shall be obliged to provide truthful personal and contact data required for adequate performance of the Services.
The User undertakes the obligation to update the data listed in paragraph 1 immediately upon occurrence of circumstances that require such update.
Each and every Website visitor or a person using the Application shall be obliged to observe the relevant provisions of the law in this respect, including but not limited to protection of widely understood intellectual property rights.
The User shall be obliged to duly protect access data for the Account.
The User shall bear sole and exclusive liability for uploading any and all content and data to the Application, including but not limited to the manner of processing thereof. He shall be obliged, within own scope and bearing sole liability, to obtain relevant, stipulated by the provisions of the law consents of the persons whose personal data is being processed.
User’s access to the Account may be suspended by the Service Provider, alternatively, the Agreement for Provision of Services may be terminated or services thereunder unilaterally limited by the Service Provider if such User infringes the provisions of these Rules and Regulations or if his actions violate the law or principles of good conduct, alternatively, conduct that endangers the safety of the data collected in the Application, also if his actions bring damaging effects to the reputation of the Service Provider or the goodwill of the Website or Application.
§ 9. LIABILITY OF THE SERVICE PROVIDER
In view of the fact that the Application is a tool that supports the business activity conducted by the User, the Service Provider shall not be liable for the results of said business activity conducted with its assistance, including but not limited to for use thereof in contravention to its intended use. Therefore, the User shall assume any and all risk related to the use of the Application.
Service Provider shall take all reasonable endeavours in order to provide uninterrupted operation of the Application and Website. However, Service Provider reserves the right to a temporary suspension of Services in a situation when a technical update of the Website or the Application is being implemented, with a due and relevant notice directed to the Users by means of electronic mail.
Service Provider shall not be liable for possible damages related to the use of the Application and arising out of improper functioning of the hardware or software employed by the User.
. Service Provider shall not be liable for damages arising out of User’s disclosure of data enabling access to the Account to third parties.
Service Provider shall not be liable for the contents of advertisements and promotional materials uploaded to the Website or the Application, or sent out to Users within Service Provider’s rendering of commercial services for the benefit of other entities.
Service Provider shall not be liable for the Users’ uploading any data to the Application, or for the manner of use or legal aspects of processing thereof. This reservation shall specifically apply to personal and mailing data.
Service Provider shall not be liable for any and all damages that transpire from the use or faulty operations of the Application, unless such damages arise out of wilful malfeasance of the Service Provider.
§ 10. COMPLAINT PROCEDURE
. Any and all possible complaints should be reported by the User at his discretion: either by means of traditional post to the mailing address of the Service Provider or by means of electronic mail to: firstname.lastname@example.org.
. A complaint should comprise a detailed description of the reported event as well as data that enables identification of the User whom the complaint concerns.
. Service Provider shall consider a correctly filed complaint within 14 (fourteen) days from receipt thereof unless furnishing with additional information proves requisite in order for the Service Provider to perform a reliable analysis. In this case, the above term for consideration of a complaint shall run from the date such information is furnished.
. Reply to the complaint shall be mailed only to the email address from which the complaint was sent, unless the User provided another address in his complaint form.
§ 11. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Content available through the Website, including but not limited to the selection and display, and the Application itself shall constitute works within the meaning of the [Polish] Act of 04 February 1994 on Copyright and Neighbouring Rights. Therefore, they enjoy protection provided by the above mentioned Act.
Use of the Website or Application by the User or other person who may visit the Website shall not cause for those entities to acquire any rights to non-material goods to the works made available, apart from the right to use them in the scope defined by the law allowed use as well as the scope required to perform the Agreement on Provision of Services. Therefore, it shall be forbidden to copy the Website or the Application, both in its entirety or in part.
Any interferences in the contents of the Website or the Application shall be forbidden, as well as any modifications or use thereof in a manner that contravenes the use defined in these Rules and Regulations without prior written consent of the Service Provider made in writing, otherwise shall be deemed null and void.
The User, by uploading into the Application data protected by the Act and identified in paragraph 1, or the Act of 27 July 2001 on protection of databases, shall grant the Service Provider a non-exclusive licence, unlimited with respect to the territory and numbers of use, which does not include the right to grant further licences for the use of the content for the purposes of provision of Services, which encompasses uploading them and storing in the computer memory, copying and dissemination, including but not limited to, by means of the Internet or making them publicly available in such manner, that any person may avail of them at the time and place chosen by them.
§ 13. FINAL PROVISIONS
The text of the Rules and Regulations is available on the Website at www/synerise.com/rules, in the form that enables its uploading to a computer or other media, alternatively, printing thereof.
Service Provider reserves the right to amend the Rules and Regulations including but not limited to the following:
cases justified by a change in legal provisions in force;
cases where an administrative decision or a court order that binds the Service Provider is issued and in the scope of execution thereof;
adding or removing a functionality of the Application;
changes in the market situation.
Service Provider shall notify the Users via their electronic mail addresses provided in the Account about any and all intended changes and furnish the Users with consolidated, i.e. containing proposed changes, text of the Rules and Regulations in the manner that allows for its analysis within a term not to exceed 14 (fourteen) days before planned incorporation of the changes.
To matters not regulated in these Rules and Regulations the provisions of the Polish law apply, and any and all disputes that may arise out of a widely interpreted provision of Services shall be resolved by the court proper for the jurisdiction of the Service Provider’s registered office.
Provisions of these Rules and Regulations shall not prejudice provisions of other agreements entered into by the Service Provider with other Users.
Rules and Regulations become effective on 1.01.2015 .