Terms and conditions - Flowtly.com

FLOWTLY TERMS AND CONDITIONS

INFORMATION ABOUT THE TERMS AND CONDITIONS AND THE SERVICE PROVIDER
1. These Terms and Conditions of the "Flowtly" Platform govern the terms and conditions of the agreement between the Organization and the Service Provider for the provision of Platform access services by the Service Provider to the Organization. These Terms and Conditions specify, among other things, the functionalities, technical requirements, and other terms of use of the Platform, as well as the rights and obligations of each Party.
2. These Terms and Conditions of the Platform govern the entire terms and conditions of use of the Platform by the Organization, including the Administrator and Users, subject to Section 1.6 below.
3. Reviewing and accepting these Terms and Conditions, in accordance with Section 4 of the Terms and Conditions, is one of the prerequisites for accessing the Platform and its functionalities.
4. The agreement for the provision of Platform access services may be concluded solely by the Administrator on behalf of the Organization they represent, subject to Section 1.6 below. After concluding the Platform access agreement, the Administrator may grant individual Users the right to make declarations on behalf of the Organization regarding the scope of the Subscription, as well as to cancel the Subscription and delete the Organization's Account. Users may only use the Platform based on authorization granted by the Organization in accordance with the provisions of the Terms and Conditions.
5. The Service Provider is Primotly, a limited liability company, with its registered office in Warsaw, at ul. Młynarska 8/12 (01-194), Warsaw, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the KRS number: 0000636383, Tax Identification Number (NIP): 5223071494, National Business Registry Number (REGON): 365402632, with the share capital of PLN 50,000.
6. In the event that an individual agreement is concluded between the Organization and the Service Provider for the provision of Platform access services outside the Platform, such agreement may regulate selected terms and conditions of service provision differently, including the price or the scope of available functionalities and other rights and obligations of the Parties, which shall apply over the provisions of the Regulations.
DEFINITIONS
1. Capitalized terms used in these Terms and Conditions should be understood in accordance with the definitions below:
  1. Administrator – a natural person authorized to represent, and make declarations on behalf of, an Organization, who is responsible for managing the Organization's Account on the Platform. The Administrator is the person who creates the Organization's Account on the Platform and any person who is subsequently granted Administrator rights; a person loses Administrator status upon revocation of their Administrator rights or upon deletion of the Administrator Account. The Administrator is also authorized to receive all declarations on behalf of the Organization;
  2. Price List – available at https://flowtly.com/pricing, detailing the Platform functionalities available within each Subscription scope, as well as the corresponding Subscription Fees;
  3. Personal Data – information enabling the identification of a natural person, in particular the information referred to in Article Article 4, point 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, processed by the Service Provider in connection with the use of the Platform by the Administrator and Users;
  4. Account – the individual profile of the Administrator or User of the Platform, understood as appropriate, created during the Registration process and enabling access to the Platform's functionalities under the terms and conditions set out in the Terms and Conditions;
  5. Organization Account – the Organization's existing profile on the Platform, created during the Registration process by the Administrator, providing access to the Platform's functionalities within the selected Subscription and containing all Materials and other information regarding the Organization, to which the Administrator and Users have access within the scope assigned to the given Account;
  6. Materials – all data, files, content, or other information entered into the Platform by the Administrator or Users, including all data and information relating to the Organization, assigned to the Organization's Account;
  7. Billing Period – the monthly or annual (depending on the Organization's choice) Subscription period for which the applicable Subscription Fee is settled, commencing on the date of Subscription activation;
  8. Payment Processor – the entity providing intermediary services in the payment process between the Organization and the Service Provider, i.e., Stripe Inc. – a company in Delaware, United States, with CIK number: 1691342, registered office address: 185 Berry Street Suite 550, San Francisco, California, 94107;
  9. Subscription Fee – the fee payable by the Organization to the Service Provider for providing access to the Platform within the scope of the selected Subscription;
  10. Organization – a legal entity, an organizational unit without legal personality, or an individual conducting business activity, concluding an agreement for the use of the Platform with the Service Provider;
  11. Platform – the online service “Flowtly,” which is a universal tool for managing the Organization's business activities (all-in-one Business Management System, “BMS”), enabling the use of specific functionalities under the terms and conditions set forth in these Terms and Conditions and within the selected Subscription;
  12. Payments – transactions made in connection with the conclusion of a contract for the provision of Platform access services and any other payments specified in the Terms and Conditions;
  13. Privacy Policy – a document specifying the rules for the processing of Personal Data and other data by the Service Provider, including the purpose and scope of processing, constituting Annex 2 to the Terms and Conditions;
  14. Terms and Conditions – these Terms and Conditions specifying the rules for the provision of services and use of the Platform, together with the annexes that constitute an integral part thereof;
  15. Registration – the process of creating an Organization Account and an Administrator/User Account via the Platform, including providing the required personal data and accepting the Terms and Conditions, including the Privacy Policy;
  16. Complaint – a notification submitted to the Service Provider, submitted in accordance with the procedure described in Section 10 of the Terms and Conditions;
  17. Parties – The Organization and the Service Provider as parties to the agreement for the provision of Platform access services, the terms of which are specified in the Terms and Conditions;
  18. Subscription – a periodic, paid service of access to the Platform, providing access to the Platform's functionalities within the scope selected by the Organization;
  19. Device – electronic equipment used by the Organization, including the Administrator or User, to use the Platform, meeting the technical requirements specified in the Terms and Conditions;
  20. Service Provider – the entity providing services related to the operation of the Platform, indicated in point 1.5 above;
  21. User – a natural person acting within the Organization for whom Registration was made or who has made Registration and uses the Platform under the authorization granted by the Organization.
PLATFORM FUNCTIONALITIES AND TECHNICAL REQUIREMENTS
1. The Flowtly Platform offers the Organization a number of useful functionalities that allow the Organization to manage its operations. Using these functionalities can help increase the efficiency and effectiveness of the Organization's team.
2. Using the Platform allows for, among other things:
  1. managing the work time of the Organization's employees and collaborators;
  2. tracking work time spent on tasks within selected projects managed by the Organization;
  3. submitting and managing leave requests;
  4. issuing invoices;
  5. collecting and storing employee data, such as contract type, contact details, and benefits information;
  6. monitoring financial transactions;
  7. managing company costs;
  8. generating financial reports;
  9. managing company resources;
  10. project budget control.
3. The Service Provider is constantly working to develop, expand, and customize the functionalities available within the Platform. The Service Provider reserves the right to change the functionality of the Platform or introduce additional features, but the use of new features will be voluntary and will be in accordance with the Price List.
4. Subject to the provisions of Section 3.5 below, use of the Platform and its features by an Organization is possible provided that the following technical requirements are met:
  1. access to a Device with an active Internet connection with sufficient bandwidth to enable the proper operation of the Platform;
  2. installation of a web browser on the Device referred to in Section 3.4.1 above that allows access to the Platform, in a version supported by the Service Provider;
  3. accessing the Account of the Administrator or User who has access to the Organization's Account and remaining logged in to such Account;
5. Use of certain Platform features may require granting access to the resources or functions of the Device used by the Administrator or User to use the Platform, such as the Device's memory, camera, or microphone. By choosing to use functionalities that require access to these resources or features, the Administrator or User consents to their use as part of the Platform's functionality. The Service Provider is not responsible for the lack of access to Platform functionalities resulting from the Administrator's or User's refusal to grant the necessary permissions.
6. Within the framework of certain Platform functionalities, the Service Provider enables the integration of the Platform with tools or information from third parties, including data from the Organization's bank accounts. To utilize this integration, the Organization is required to provide the necessary data specified by the Service Provider via the Platform or in another manner specified by the Service Provider or a third party. Providing the data referred to in the preceding sentence constitutes voluntary consent to the aforementioned Integration under the terms specified by the providers of the aforementioned tools and to the processing of data within the framework of the specified functionalities.
REGISTRATION AND ACCOUNTS
1. Access to the Platform is only possible through the Administrator Account, after registration in accordance with the provisions of this Section 4 of the Terms and Conditions, subject to Section 4.2 below. Access to the Platform without logging in, i.e., in "guest" mode, is not possible.
2. Registration of an Administrator Account does not guarantee the ability to use the Platform. Active access to the Platform's functionalities within Accounts requires activation of a Subscription in accordance with the provisions of Section 5 of the Terms and Conditions.
3. Registration of an Administrator Account requires:
  1. completing the registration form available on the Platform with all required data, including in particular: the Organization's name, the Administrator's first and last name, email address, and a unique, strong password consisting of at least 8 alphanumeric characters, including uppercase and lowercase letters, as well as at least one special character;
  2. review the Terms and Conditions and their appendices made available to the User during the Administrator Account registration process. Confirm the Administrator's registration of the Administrator Account and acceptance of the Terms and Conditions and their appendices by checking the appropriate box in the form provided. Acceptance of the Terms and Conditions and their appendices by the Administrator also means that the Terms and Conditions and their appendices have been accepted by the Organization.
  3. perform any other actions required within the Platform or outside of the Platform during the Registration process, such as email address authorization.
4. Upon registration of the Administrator Account, in accordance with the provisions of sections 4.1-4.3 above, an Organization Account is created.
5. From the Administrator Account, the Administrator has access to all permissions, data, and functionalities available within the Organization Account on the Platform. In particular, the Administrator Account allows you to decide on the Subscription and its scope, manage access to the Organization Account within the Platform, including individual functionalities, grant Administrator and User privileges, with the ability to differentiate privileges and access to functionalities for individual Users.
6. If the Administrator grants Administrator privileges to other individuals authorized by the Organization after creating the Organization Account, the Accounts of such individuals are considered Administrator Accounts. Granting Administrator privileges requires first creating a User Account in accordance with the procedure indicated in sections 4.7 and following below, and then granting the appropriate Administrator access to the User by the Administrator. In the case referred to in the preceding sentence, the User granted Administrator privileges becomes the Administrator.
7. Within the Administrator Account, the Administrator has the ability to create User accounts and assign them specific privileges and access to selected functionalities.
8. Creating a User Account requires:
  1. The Administrator must create an employee/collaborator profile by completing the registration form available in the appropriate Platform panel, including providing the data necessary to create a User Account, such as: first and last name and email address;
  2. Assigning User privileges to the employee/collaborator by selecting the "Add User" button, during which an invitation with an activation link will be sent to the employee's/collaborator's email address;
  3. Verifying the email address by clicking the link referred to in section 4.8.2 above and setting a unique and strong password by the User within the form displayed;
  4. Confirming that the User has read and accepted these Terms and Conditions and their annexes during the first login to the Account by checking the appropriate box.
  5. The User must read and accept the Terms and Conditions and their annexes, made available to the User upon first login to the User Account or in another manner used by the Service Provider;
  6. Confirmation of the User's registration of a User Account and acceptance of the Terms and Conditions and appendices by checking the appropriate box in the available form or in another manner used by the Service Provider;
  7. Establishment of a unique password by the User after clicking the activation link;
  8. Completion of any other actions required on the Platform during the User Account creation process, such as email address authorization.
9. Creating User Accounts and assigning them rights are not subject to any restrictions or quantitative limits, however, if the actions of the Organization on behalf of which the Administrator acts result in exceeding the selected scope of the Subscription, such changes are treated as an extension of the scope of the Subscription, resulting in a change of the Subscription Fee due in accordance with the provisions of point 5.6 of the Regulations and an obligation to pay on the part of the Organization.
SUBSCRIPTION AND PAYMENT
1. Access to the Platform's functionalities is possible upon activation of the Subscription and subject to periodic payments in accordance with the provisions of this Section 5 of the Terms and Conditions, subject to the provisions of Section 5.12 below.
2. The scope of available Platform functionalities and the amount of applicable Subscription Fees depend on the selected Subscription scope and/or the number of Accounts assigned to the Organization. Details regarding the Platform's functionalities available within each Subscription scope, as well as the corresponding Subscription Fees, are specified in the Price List.
3. The Service Provider has the right to update the Price List in accordance with the procedure for amending the Terms and Conditions specified in Section 13.1 of the Terms and Conditions. In order to ensure good cooperation with the Organization, the Service Provider ensures price stability for the Organization and declares that individual Price List items will not be updated more frequently than once per calendar year and will only take into account the rate of inflation and the costs of providing services by the Service Provider.
4. To activate the Subscription, the Organization on whose behalf the Administrator acts selects the Subscription scope on the Platform, then completes the required data and immediately pays the due Subscription Fee through the Payment Operator, providing, for this purpose, detailed information on the payment method used for payment, and immediately pays the due Subscription Fee.
5. Payment is made by the Payment Operator charging the Organization's payment method in accordance with the provided data. The Service Provider reserves the right to redirect the User to third-party websites, in particular the Payment Operator, and to allow the Administrator to take additional actions on those websites on behalf of the Organization.
6. Subscription activation occurs immediately, but no later than 24 (twenty-four) hours from the moment the Service Provider records the payment for the selected Subscription. The moment the Subscription is activated, an agreement is concluded between the Service Provider and the Organization for the provision of Platform access services for an indefinite period, within the scope provided for the selected Subscription.
7. The Organization may make changes to the Subscription at any time during its term, by extending or limiting the Subscription scope, in accordance with the provisions of these Terms and Conditions, in particular sections 5.8–5.9 below.
8. Extending the scope of the Subscription is activated immediately and results in a change in the Subscription Fee, in accordance with the applicable Price List. Subscription Fees are calculated pro rata to the period of use in the current Billing Period. If the Administrator extends the scope of the Subscription during the current Billing Period, an additional fee in accordance with the provisions of the preceding sentence will be collected by the Payment Operator immediately after the extension, subject to the provisions of section 5.6 above.
9. Changes involving a limitation of the scope of the Subscription are effective from the beginning of the Billing Period following the Billing Period in which the change was made. Subscription Fees for the current Billing Period remain unchanged and are non-refundable.
10. Subscription fees due from the Organization to the Service Provider for the Subscription are collected in advance, automatically, and periodically, before the start of the Billing Period for that Billing Period, or no later than the beginning of the Billing Period. Payment is made based on the payment method details provided by the Administrator, by debiting the payment method with the amount due for the given Billing Period. The Organization is responsible for the accuracy and currency of the Payment details.
11. Settlement of all Payments related to the use of the Platform is processed through the third-party payment processor – Stripe. The terms of payment through a third-party provider are based on the terms and policies provided by that third-party provider. The Organization will receive confirmation of each Payment. The Organization is obligated to familiarize itself with the terms and conditions of these entities, and the Service Provider is not responsible for the Organization's use of the services, nor for any acts or omissions of third parties.
12. The Subscription Fees indicated in the Price List are net amounts, which will be increased by value added tax (VAT) at the applicable rate if VAT is applicable under applicable Polish law. All Subscription Fees will be settled in EUR or PLN at the exchange rate adopted by the Payment Processor on the day the Payment is made.
13. Payment of Subscription Fees will be documented with VAT invoices sent to the Organization within 3 days via the Platform or in another manner specified by the Service Provider. The Organization consents to the issuance and sending of VAT invoices to the Organization in electronic form, including by making them available via the Platform or by sending a message to the Organization's email address.
14. Organizations that have not previously used the Platform may take advantage of a 14-day (fourteen-day) trial period and use the Platform and its modules and functionalities free of charge, subject to sections 5.15-5.17 below.
15. To use the trial period, the Organization is required to activate the Subscription in accordance with the provisions of these Terms and Conditions. Provider details regarding the payment method are not required, and the Subscription Fee is not charged during the trial period. Providing the aforementioned details and paying the Subscription Fee will be required to use the Platform after the trial period ends.
16. If the Subscription is not activated after the trial period ends, the Organization will lose the ability to manage data and Materials on the Platform, and will only be able to view them. The Organization's data and Materials will be stored in accordance with the principles set forth in section 8.7 of these Terms and Conditions.
17. In some cases, the Service Provider may offer a new organization a longer trial period or different trial period terms, as referred to in Section 5.14 above.
18. Upon initial activation of the Subscription, each Organization will benefit from a 14-day (fourteen-day) trial period during which use of the Platform will be free of Subscription Fees. After the free trial period expires, if the Organization does not terminate its use of the Platform, the services will continue to be provided in accordance with the applicable Subscription scope, and the Service Provider will begin charging the applicable Subscription Fees.
19. The Service Provider reserves the right to establish an individual trial period for a given Organization, other than the one indicated in Section 5.12 above.
USE OF THE PLATFORM
1. The Organization, the Administrator, and each User are individually obligated to use the Platform in accordance with its intended use and applicable law, as well as with respect for the rights and property of others, in particular:
  1. are not authorized to use the Platform in a manner inconsistent with its intended use or that may affect the security of the Platform and the data collected by it;
  2. are obligated to refrain from any illegal, unethical, or violating the rights of any entities or third parties;
  3. are obligated to refrain from any actions aimed at modifying, disassembling, decompiling, or reverse engineering the Platform;
  4. are obligated to refrain from any actions that may disrupt the normal operation of the Platform.
2. The Organization is obligated to obtain all necessary consents for the entry, storage, and processing of Personal Data and other Materials, information, and data used by the Organization within the Platform.
3. The Administrator and Users are responsible for the proper security of Account access data. The Organization is solely responsible for unauthorized access to the aforementioned access data. In the event of a suspected breach of Account access data security, the Organization, the User, and the Administrator should immediately notify the Service Provider.
4. The Service Provider records selected activities related to the Administrator's and Users' activity within the Platform, in particular all activities involving the management of Account permissions and Subscriptions. Information about recorded activities, as well as the list of recorded activities, is made available upon request by the Administrator. The Service Provider also ensures the security of the data and Materials stored in the Organization's Account, as further described in Section 11 of the Terms and Conditions.
5. Due to the Service Provider's constant efforts to improve the Platform and develop its functionality, the Service Provider encourages the Organization, Administrator, and Users to submit any suggestions, comments, and opinions regarding the operation of the Platform via the panel available on the Platform or through other communication with the Service Provider. The Service Provider ensures that all information received will be analyzed, and the Service Provider reserves the right to take it into account. No compensation will be due to the Administrator or User submitting the report.
LICENSES AND CONSENTS
1. Upon conclusion of the Platform access service agreement, in accordance with the provisions of these Terms and Conditions, the Service Provider grants the Organization a non-transferable, non-exclusive license to use the Platform without any territorial restrictions, covering the normal use of the Platform and its functionalities within the Organization's Account, under the terms set forth in these Terms and Conditions and applicable to the selected Subscription scope.
2. The license referred to in Section 7.1 above is granted for the duration of the agreement for use of the Platform by the Organization in accordance with the provisions of the Terms and Conditions.
3. At the same time, the Service Provider declares that no other entity using the Platform under a separate agreement will have access to or view the Organization's data available within the Organization's Account established on the Platform, including access to information assigned to the Administrator Account or to the Accounts of individual Users.
4. For the avoidance of doubt, the Service Provider remains the sole owner of the Platform and all rights to the Platform and its functionality, including intellectual property rights. Granting a license to an Organization to use the Platform through an Organization Account does not constitute a transfer by the Service Provider of any rights to the Platform or its components to the Organization. The Service Provider is entitled to grant licenses to use the Platform to other entities at its sole discretion and without any restrictions, provided that such licenses will not entitle any third party to access another entity's Organization Account. Each Organization has access only to its own Organization Account.
5. Upon the sharing or publication of Materials and data on the Platform by an Organization, including an Administrator or User, through an Organization Account, the Organization grants the Service Provider a non-exclusive and royalty-free license to use the Materials and data, without any time or territorial restrictions, for the purpose and to the extent necessary to properly fulfill the Service Provider's obligations under the Platform access service agreement. For the avoidance of doubt, the Parties agree that the Service Provider is not authorized to use the license referred to in the preceding sentence outside of the Platform and the Organization's Account, unless otherwise stated in the Terms of Service or the Organization has expressly consented thereto.
6. The Organization retains all rights to the Materials and other data shared and transmitted by the Administrator and Users within the Platform, provided that it is entitled to such rights under applicable law.
CANCELLING THE SUBSCRIPTION AND DELETING THE ACCOUNT
1. The Platform Access Agreement specified in the Terms and Conditions is terminated at the initiative of the Organization:
  1. in the event of the Organization canceling the Subscription by:
    1. submitting a written notice of termination of the Platform Access Agreement to the Service Provider's registered office address or in written form to the Service Provider's email address: sales@flowtly.com;
    2. using the cancellation option available on the Platform;
  2. at the end of the Billing Period in which the Organizer cancels the Subscription;
  3. in the event of ceasing to use the Platform and deleting the Organization's Account by submitting a written notice of termination to the Service Provider's registered office address or in written form to the Service Provider's email address indicated in section 8.1.1.1. above;
  4. upon confirmation of the Administrator's intention to delete the Organization's Account;
2. If the Subscription Fee due for the next Billing Period cannot be collected, it will be collected at the end of the previous Billing Period;
3. In other cases provided for in a separate agreement concluded between the Organization and the Service Provider, it will be collected within the time limits specified in those agreements.
4. The Platform access agreement specified in the Terms and Conditions will be immediately terminated at the Service Provider's initiative, by submitting a declaration of appropriate content in writing to the Organization's registered office or in documentary form to the Organization's email address, if the Organization, including the Administrator or any User, has violated the provisions of the Terms and Conditions or generally applicable law.
5. In the event of non-acceptance of the new Terms and Conditions, amended in accordance with the provisions of Section 13.1 of the Terms and Conditions, the Organization is entitled to submit a declaration of termination of the Platform access agreement within 7 days of receiving information about the amended Terms and Conditions. In such a case, the aforementioned The agreement between the Organization and the Service Provider is terminated upon entry into force of the new Regulations, and the Administrator and Users who have an account within the Organization lose access to the Platform.
6. Notwithstanding the foregoing, the Administrator has the right to withdraw from the Platform access service agreement without providing a reason, within 14 days of concluding the aforementioned agreement, by submitting a declaration of appropriate content in writing to the Service Provider's registered office address or in documentary form to the Service Provider's email address indicated in section 8.1.1.1 above. Withdrawal is effective upon receipt by the Service Provider of the declaration referred to in the preceding sentence.
7. In the cases referred to in sections 8.1–8.3 above, fees paid for the current Billing Period are non-refundable.
8. Upon termination of the Platform access agreement between the Organization and the Service Provider, regardless of the reasons for its termination, the Organization, including the Administrator and Users, lose the ability to manage data and Materials stored on the Platform. Access to the Platform's functionalities, in particular the Organization's Account and the Administrator's and User Accounts, as well as all Materials and data stored on the Platform and available for viewing by the Organization for the periods indicated in Section 8.7 below, will then be deleted, for which the Service Provider is not liable. After termination of the Platform access agreement, the restoration of the deleted Organization's Account or individual Accounts is not possible.
9. If either Party cancels the Subscription and does not reactivate it, the Service Provider will store the data and Materials made available on the Platform for the following periods:
  1. 3 (in words: three) months from the date of termination of the Platform access agreement – in relation to data and Materials entered by the Organization and Users;
  2. 2 (in words: two) weeks from the date of termination of the Platform Access Services Agreement – in relation to data related to the integration of external services.
10. In the event of termination of the Platform Access Services Agreement, the Administrator is responsible for taking steps to archive or secure the Materials and the aforementioned data prior to the termination of the Platform Access Services Agreement. The Service Provider will enable the Organization to receive these Materials and the aforementioned Data in the form of a raw database or in another form specified by the Service Provider. In the event of termination of the Platform Access Services Agreement, resumption of use of the Platform is only possible after repeating the procedure specified in Section 5.4 of the Terms and Conditions. In the event of termination of the agreement referred to in the preceding sentence in the manner referred to in Section 8.1.2 above, resumption of use of the Platform will also require the creation of a new Administrator Account in accordance with the procedure specified in Section 4 of the Agreement.
PLATFORM AVAILABILITY
1. The Service Provider undertakes to ensure the availability of the Platform and its functionalities available under the Subscription selected by the Organization at a minimum level of 98% (ninety-eight) of the time during the Billing Period, excluding:
  1. maintenance and upgrades in accordance with the provisions of Section 9.3 below;
  2. situations resulting from force majeure;
  3. technical problems on the part of the Organization, including those of the Administrator or User, including problems related to the internet infrastructure or hardware.
2. In the event of failure to meet the availability conditions referred to in Section 9.1 above, the Organization has the right to a proportional reduction of the Subscription Fee for a given Billing Period. The condition for exercising this right is to submit a Complaint in accordance with the procedure specified in Section 10 of the Terms and Conditions and have the Complaint approved by the Service Provider.
3. The Service Provider agrees to perform maintenance and upgrades at night (i.e., between 10:00 PM and 7:00 AM) and to notify the Administrator and Users via the Platform at least three (3) days in advance. However, the Service Provider reserves the right to occasionally perform maintenance and upgrades at other times, of which the Administrator and Users will be notified in advance.
4. At the Administrator's request, the Service Provider may provide consultant support in using the Platform's functionalities, including:
  1. assistance in configuring and managing the settings of individual Platform functionalities;
  2. training for the Administrator or Users on the effective use of the tools available on the Platform;
  3. troubleshooting issues related to the ongoing use of the Platform.
5. The consultant support referred to in Section 9.4 above is provided remotely and—if the Organization requests an action or introduces specific changes—requires the Account Administrator to create dedicated access for the consultant. This is to ensure the confidentiality and security of the Materials and data posted by the Organization to the Organization's Account. Alternatively, the Organization may use the consultant's support in the form of instruction—i.e., receiving a range of information on how to independently perform specific actions or changes.
6. The provision of support services by a consultant may involve additional costs, the amount and terms of which will be individually agreed upon between the Parties before the consultant begins providing the support services.
COMPLAINTS
1. In the event of any irregularities in the operation of the Platform, the Administrator or User should first contact the support department via the contact form available on the Platform.
2. The Administrator and User have the right to submit a free Complaint regarding irregularities in the operation of the Platform.
3. A Complaint may be submitted via a special form available on the Platform or in writing to the Service Provider's registered office address and should include at least:
  1. details of the Administrator/User and the Organization;
  2. an indication of the Complaint's subject matter;
  3. an indication of the circumstances justifying the Complaint;
  4. a request in connection with the Complaint.
4. The Service Provider may request the Administrator to provide other information or additional explanations regarding the Complaint, if it deems it necessary to resolve the Complaint.
5. The Service Provider will review the Complaint within 30 days of receiving all information and explanations necessary to properly review the Complaint.
6. The Administrator will receive a response to the Complaint immediately after review, in the same manner as the Complaint was submitted by the Administrator.
ORGANIZATION DATA SECURITY
1. Personal data is processed by the Service Provider for the purpose of exercising the rights and obligations arising from these Terms and Conditions in accordance with the provisions of the Privacy Policy, which constitutes Appendix 2 to the Terms and Conditions.
2. Some Personal Data and other data provided or made available by the Administrator or Users on the Platform, including information about payment methods, may be processed by external suppliers engaged by the Service Provider in connection with the provision of Platform access services.
3. The Service Provider hereby informs that all Materials and data provided or made available by the Administrator or Users on the Platform, i.e., assigned to the Organization Account, will be stored on servers managed by the Service Provider solely for the purpose of enabling the proper provision of Platform access services.
4. The Service Provider declares that all Personal Data, Materials, and other data provided or made available by the Administrator or Users as part of the use of the Platform will not be used by the Service Provider for any purpose other than providing services to the Organization, including, in particular, for training artificial intelligence algorithms or for any other activities inconsistent with the purpose of providing access to the Platform, unless the Organization has provided prior, unambiguous, and voluntary consent, subject to the following sentence. Consent is not required for activities aimed at ensuring security, improving the quality of services provided, or maintaining and developing the functionality of the Platform.
5. The Service Provider undertakes to implement security measures to ensure the protection of stored Personal Data, Materials, and data, appropriate to the assessed risk and technological capabilities of the Service Provider. In particular, the Service Provider declares that, where deemed necessary due to the nature of the data and the risks associated with their processing, it will use encryption mechanisms for Personal Data, Materials, and other data assigned to the Organization's Account.
6. The Service Provider reserves the right to further process or format the data shared with the Organization under the provisions of Section 8.7 of the Terms and Conditions for the Organization to use it in accordance with the Organization's needs. The Service Provider is not responsible for any difficulties in reading or using the data after it has been shared.
7. The Service Provider undertakes to take all reasonable steps to protect Personal Data, Materials, and data, ensuring the safe use of the Platform, including ensuring data protection against unauthorized access or loss, subject to the other provisions of these Terms and Conditions.
8. The Parties agree that, as part of its business activities, including in particular for marketing and advertising purposes, the Service Provider is entitled to inform other entities about the number of organizations and the number of users using the Platform, to which the Organization, the Administrator, and each User consent.
LIABILITY
1. The Service Provider is responsible for the availability of Platform access services under the terms and conditions set forth in these Terms and Conditions, in particular Section 9 of the Terms and Conditions.
2. The Platform serves as a tool supporting Organizations in managing processes within the Organization. However, it does not constitute an accounting tool or a system for detailed settlement of public law liabilities, including taxes, social security contributions, and salaries. All information generated through the Platform should be treated solely as auxiliary data that requires verification by the Organization, taking into account applicable law.
3. The Service Provider is not responsible for the completeness or accuracy of data, Materials, or other information entered by the Administrator or Users when using the Platform.
4. Subject to mandatory provisions of law, any liability of the Service Provider towards a given Organization for non-performance or improper performance of obligations under these Terms and Conditions is limited to the amount of remuneration received by the Service Provider from that Organization for the provision of services during the last 6 (six) months.
5. The Organization is solely and fully responsible for the use of the Platform and its functionalities, including all actions and omissions of the Administrator and individual Users.
FINAL PROVISIONS
1. The Service Provider reserves the right to amend the Terms and Conditions, subject to the following principles:
  1. The Service Provider is obligated to inform the Organization, including the Administrator and Users, of any amendments to the Terms and Conditions by posting appropriate information on the Platform or via email;
  2. Amendments to the Terms and Conditions are effective from the date specified by the Service Provider, which may not be less than 14 days from the date of notification of the amendment in accordance with Section 13.1.1 above, unless otherwise provided in the Terms and Conditions or applicable law;
  3. Any changes to the Price List are effective from the beginning of the billing period following the period in which the amendment became effective in accordance with Section 13.1.2 above.
2. The Service Provider informs that using the Platform involves standard threats present on the Internet, including in particular:
  1. the possibility of other individuals or entities impersonating the Service Provider by imitating the Platform in order to obtain information;
  2. the possibility of receiving unsolicited electronic content (spam), often containing computer viruses or links to malicious websites;
  3. the possibility of infecting the Device used to access the Platform with malware, including spyware.
3. The Organization is not authorized to transfer any rights or obligations arising from the Platform access agreement to third parties without the prior written consent of the Service Provider, under pain of nullity.
4. Any disputes related to the use of the Platform will be resolved by the courts having jurisdiction over the Service Provider's registered office.
5. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply.
6. The Annex constitutes an integral part of these Terms and Conditions.
7. These Terms and Conditions come into effect on [date].

Appendices: