Terms of Service

Terms and Conditions of providing services used by Data Responder Spółka z ograniczoną odpowiedzialnością (Limited Liability Company)

§ 1 Preliminary provisions

1. Out of desire for the highest quality of provided services, these terms have as its goals the determination of terms and conditions (further referred to as ‘Ts&Cs’) of service provision by Data Responder Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with headquarters in Gdynia on al. Zwycięstwa 96/98, 81-451 Gdynia, the owner of Data Responder internet service at https://www.dataresponder.com. These Ts&Cs are to be treated as Ts&Cs for providing services electronically as within the meaning of Art 8 of Electronic Provision of Services Act 2002 from 18 July 2002, within the appropriate scope for this.

2. These Ts&Cs are published free of charge in a form binding at the given time at https://www.dataresponder.com/terms-of-service/, in a form allowing users its acquisition, perpetuation, and re-creation during the course of action, allowing users to familiarise themselves with the content of these terms prior to the conclusion of contract for service provision, and during the duration of contract. Additionally, the Ts&Cs may be delivered electronically to the user prior to the conclusion of contract, to an email box indicated by the user.

3. Among other things, these Ts&Cs determine: the type and scope of offered services, the manner and requirements for concluding the contract between the service provider and the service receiver, including electronically, the terms of providing services, including the technical requirements essential for electronic contract conclusion or electronic service receival, the complaint procedure envisaged in case service performance proceeds or proceeded in a manner incompatible with the contract, or commonly binding provisions.

4. To receive services, the users must accept the provisions of these Ts&Cs, acceptance being voluntary albeit necessary for the conclusion of contract, and the commencement of service provision by the service provider. Acceptance of the terms by the service receiver occurs at contract conclusion with the service provider, and the service receiver commits oneself to obtaining the acceptance of the terms by all other users who use the service by her/his order. By accepting these Ts&Cs the users oblige themselves to abide their provisions. After the Ts&Cs have been accepted by the service receiver, these Ts&Cs form an integral part of the contract between the service provider and the service receiver.

5. All remarks, or doubts as to the content of these Ts&Cs, as well as its application, can be reported electronically to the email address of the service provider: office@dataresponder.com.

§ 2 Fundamental terms used in the Terms and Conditions

1. Terms and conditions

   – a document titled ‘Terms and Conditions of providing services used by Data Responder Spółka z ograniczoną odpowiedzialnością (Limited Liability Company)’ in its current, binding form, available every time on the internet website at https://www.dataresponder.com/terms-of-service/.

2. Service provider

   – Data Responder Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with headquarters in Gdynia on al. Zwycięstwa 96/98, 81-451 Gdynia, registered in the KRS entrepreneurs’ register run by the Regional Court Gdańsk-Północ in Gdańsk, KRS’ 8th Economic Division, KRS number 0001093813, REGON: 528115740, NIP: PL5862403750.

3. Service receiver

   – a natural person, a legal person, or an organisational unit without a legal personality but awarded legal capacity by statute, which concludes a contract with the service provider for the provisions of agreed services through placing an order for the service offered by the service provider, and fulfilling further requirements resulting from the Ts&Cs, and for the purposes of these Ts&Cs this term is also used to describe this person prior to contract conclusion.

§ 3 Scope of offered services, terms and conditions of providing services

1. The service provider offers, and after conclusion of contract with the service receiver s/he provides services which rely on sharing with the service receiver and persons authorised by her/him, an internet browser of a system automating the acquisition, the processing, and the visualisation of different data types, including by enabling: (1) storing of contact base and contact groups participating in the process(es) of data collection, (2) designing data forms, (3) conducting cyclical and one-off data collection processes (campaigns), (4) monitoring the process of data collection, (5) manual checking and approving data by designated moderators, (6) archiving data collected as part of the campaign, (7) sharing collected data in the form of export files or through an API, and at a later time also (8) visualisations of collected data in the form of a dashboard.

2. Moreover, the service provider is ready to provide additional related services, among other things: the modification of parameters of provided services, the increase in the efficiency of services, the introduction of graphical changes of messages conducted by order of the service receiver, or within the framework of the offered ENTERPRISE subscription plan, or on the basis of a separately concluded contract with the service receiver, which provides for separately agreed terms and conditions of service provision by parties, including the amount and the form of payment.

3. As is self-evident, the service provider does not have power over the scope or the nature of data placed and processed by service receivers, through the use of the system of the service provider shared to them for this, hence the service provider cannot be liable for actions undertaken by a given service receiver, in particular with regards to data constituting personal data in the meaning 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.

4. If the service receiver decides to process personal data using the service provider’s system, s/he is obliged to do so only on the basis and within the limits of then binding personal data protection provisions, and s/he also obliges herself/himself to fulfill all obligations resulting from these provisions in regard to the persons whose personal data s/he processes, including the information obligation, according to which s/he will inform that s/he, not the service provider, is the administrator of that personal data.

5. In the case of a personal data protection claim being raised in regard to the service provider by third parties, resulting or being in relations to the actions or omissions of the service receiver, the service receiver obliges herself/himself to immediately release the service provider from any liability raised on these grounds at her/his first request to do so, and if necessary to reimburse the service provider any costs which arose out of this situation.

6. The services offered by the service provider are only delivered electronically to the service receiver, as within the meaning of Art 2(4) Electronic Provision of Services Act 2002 from 18 July 2002.

7. The establishment of contact between the service provider and the service receiver, as well as the conclusion of contract between the indicated parties may only occur electronically through contact forms provided for in the ICT system prepared by the service provider, and shared with the service receiver on the internet website at https://www.dataresponder.com/contact/, or through direct contact between the service provider and the service receiver through email correspondence, or other correspondence e.g. via telephone, traditional.

8. The use of essential equipment (e.g. computer, laptop, tablet, smartphone) and ICT infrastructure allowing for access to the internet and its use, in particular the use of the internet website https://www.dataresponder.com, as well as access to the email box of the service receiver and persons authorised by her/him allowing for contact with the service provider within the necessary scope for contract conclusion and service performance, is an essential requirement for the establishment of contact, including contract conclusion, and then for providing services electronically by the service provider to the service receiver.

9. The minimum equipment requirements which the service receiver’s equipment, through which the service receiver intends to use the service provider’s services, should fulfil are:

   • 1 GHz CPU;
   • RAM Memory: 512 MB;
   • Internet connection;
   • Browser: supporting HTML5, CSS3, and JavaScript, with switched on cookie support, as well as through the use of mobile devices equipped with an internet browser.

10. The service provider cannot bear liability for the infringement of third party rights, or through the infliction of any other damage to third parties or the service receiver, due to or in relation to the actions or omissions of the service receiver, committed through the use of the system, shared with her/him by the service provider within the framework of provided services.

11. The service provider cannot bear liability due to non-execution or undue service provision if this has occurred due to the causes within the influence of third parties, independent from the service provider, including telecommunication network operators, or caused by force majeure understood as an external event in regard to the service provider, one to which s/he could not oppose.

12. In the case where the service receiver shall act as a consumer in regard to the service provider, as within the meaning of Art 22 of the Civil Code from 23 April 1964, the relevant provisions of the Consumer Rights Act 2014 from 30 May 2014 shall also apply as between the service provider and the service receiver.

§ 4 The establishment of contact between the service proivder and the service receiver

1. The establishment of contact for the conclusion of contract between the service provider and the service receiver, a contract for service provision by the service provider, may occur through:

   • the filling of a contact form by the service receiver, and by sharing it with the service provider on the internet website at https://www.dataresponder.com/contact/, with the simultaneous granting of essential consent by the service receiver, essential for the processing of personal data for the purposes of concluding contract and for the service provider’s marketing, as well as for the acceptance of these Ts&Cs by the service receiver;

   • email contact with the service provider at the email box address at office@dataresponder.com or other email address belonging to the service provider;

   • telephone contact with the service provider on +48 508 513 740, or other telephone number belonging to the service provider;

   • personal contact with the service provider, or a person indicated by her/him (solely upon prior arrangement of an appointment);

   • any other manner allowing for concluding that contact between the parties has been established, contact which was directly or indirectly related to the services offered by the service provider.

2. The establishment of contact by the service receiver with the service provider is deemed to constitute the commencement of a process intending to conclude a contract for service provision between the indicated contractual parties, and for the avoidance of doubt, the undertaking of this action by the service receiver is deemed to constitute the granting of consent for the processing of data originating from the service receiver by the service provider, including her/his personal data, at least out of necessity for presenting to the service receiver the offered services, and for the conclusion and execution of contract.

§ 5 Complimentary trial period

1. Every service receiver may once try the services offered by the service provider in a complimentary manner during the so-called trial period which amounts to a period of further 30 days, commencing on the day on which the service receiver begins to use the services offered by the service provider.

2. During the so-called trial period the service receiver receives access to the service provider’s system on the Ts&Cs provided for the BASIC subscription plan.

3. In order to use the so-called trial period the service receiver is obliged to pass the procedure provided for the conclusion of the relevant contract with the service provider, including the provision of all necessary data, with the exception that s/he is not burdened by the service provider with the duty to pay for any services of the service provider used during this time.

4. Provided a relevant contract has been concluded in that regard with the service provider, once the so-called trial period passes, the service receiver has the ability to further use the service provider’s services, or cease to use the service provider’s services, which occurs automatically if the service receiver does not extend the service use period. In the case of ceasing the use of the service provider’s services by the service receiver upon the expiration of the so-called trial period, the termination of service provision procedure provided for in §8 of these Ts&Cs applies.

§ 6 Actions intending to conclusion of contract, and conclusion of contract

1. For the purpose of conclusion of contract for the provision of services on the basis of these Ts&Cs, between the service receiver and the service provider, it is essential that the service receiver and the service provider undertake the following actions:

   • establish contact between the service provider and the service receiver in a manner described in § 4 of these terms and present to the service receiver the scope of services offered by the service provider (e.g. where the service receiver familiarises herself/himself with the service offer on the website https://www.dataresponder.com);

   • fill the service order form by the service receiver, and transfer it to the service provider, the form being available on the website https://app.dataresponder.com/register, including the provision of data, and the selection of a payment method for the services by the service receiver;

   • create the account in the ICT system belonging to the service provider;

   • place an order for a selected service offered by the service provider, by the service receiver, with an obligation to pay on the account of due compensation according to the tariff, available on the website https://www.dataresponder.com/#pricing, and this being deemed as the moment of contract conclusion between the parties.

§ 7 Settling of accounts between the service receiver and the service provider

1. The fulfilment of payments due on account of the use of services offered by the service provider may be carried in one of the following ways, by choice of the service receiver:

   • internet payment system;
   • debit card payment;
   • credit card payment.

2. Payments are fulfilled in advance before the commencement of service provision by the service provider, and the service receiver may choose:

   • the option to pay monthly (for further 30 days after conclusion of contract and payment);
   • the option to pay annually (for further 365 days after conclusion of contract and payment).

3. PayU, as a payment operator cooperating with the service provider, is responsible for the implementation and security of internet payments, as well as debit and credit card transactions conducted on PayU websites, in accordance with its regulations. Payment regulations can be found on the PayU website: https://poland.payu.com/documents-to-download/.

4. Access to the service will be granted immediately after the payment operator receives the payment.

5. By accepting these Ts&Cs and by concluding the contract with the service provider, the service receiver consents to receiving invoices electronically to the email address provided at conclusion of contract.

§ 8 Termination of service provision

1. In the case of termination of service provision by the service provider in favour of the service receiver, regardless of its cause, the receiver has the option to independently export the data, in the format of csv or json, gathered in the system, shared with him by the service provider, until the final day of service provision.

2. Upon the termination of service provision, the service receiver’s access to the system shall be blocked, this means that the data gathered by her/him in the system will be visible for her/him but s/he will be unable to make any changes to or complement it, and after 14 days from the day of termination of service provision by the service provider for the service receiver, all data gathered by the service provider shall be permanently removed without any possibility of its recovery.

3. During the period during which the service receiver’s access to the system is suspended, a period which lasts 14 days from the day of termination of service provision by the service provider for the service receiver, the service receiver may again begin to use the service provider’s services in a manner in which s/he will again receive full access to the thus far gathered data on the system.

4. The service provider reserves the right to depart from the rules of termination of service provision indicated above, for example by immediate blocking of service receiver’s access to the system, in particularly justified cases, like among other things substantial infringement of third parties’ rights by the receiver through the use of the service provider’s services, substantial or persistent infringement of the provisions of these Ts&Cs, using the system shared by the service provider for purposes other than for what it was intended for.

§ 9 Refusal to provide services

1. Upon the commencement of using the service provider’s services, the service receiver obliges herself/himself to use them according to their intended purpose without infringing any of the generally accepted rules and customs of the internet, and with respect for the norms of social conduct (e.g. withholding from using these services for content generation known as spam), further, the service receiver acknowledges that the infringement of the above obligation may result in an immediate refusal of further service provision for her/him by the service provider, as well as the formation of compensatory liability towards the service provider in some cases.

2. The service provider also reserves the right to permanently or temporarily refuse the provision of services for a given service receiver in other justified cases, in particular in the following scenarios:

   • where it is suspected that the same service receiver has activated another account, to use again the trial period of the provided service, in contravention to the provisions of these Ts&Cs;
   • where it has been detected that illegal content is stored or transferred through the system shared with the service receiver, content which is reprehensible or within third parties’ rights and due to this, these rights may be infringed;
   • where it is detected that during contract conclusion, or during its execution, the service receiver uses/d for its conclusion false or incomplete data, which will misinform the service provider as to the identity of the service receiver, in particular as regards the mutual settling of accounts on the account of the contract which unites them.

§ 10 The complaint procedure

1. All complaints pertaining to the provided services by the service provider may be lodged as emails to the service provider’s email address: office@dataresponder.com.

2. The lodged complaint should contain at least: (1) name and last name, (2) the return address, (3) the description of the situation which is subject to the return (with an indication of how the service was incompatible with the contract, or the generally binding provisions), and (4) the claim lodged by the service receiver along with its justification.

3. In the case of absence, or irregularities of the above data, information, or declarations, the service provider reserves the right to calling the service receiver, in order to complement the absences, or to leave the complaint without recognition.

4. The service provider shall make every effort to ensure that complaints be considered immediately, but no later than within the period of 30 days from their receival by the service provider.

5. The service receiver shall be informed about the manner and the justification of the considered complaint by the service provider by email, unless the service receiver indicates another address as the appropriate one for transmitting information about the complaint consideration.

§ 11 Protection of rights to the system

1. The system which is shared with the service receiver by the service provider as part of the provided services, as well as other particular elements of it, may be covered by protection of copyright and allied rights, as well as by industrial property laws, to which the service provider is entitled directly, or which s/he acquired indirectly from other entitled entities.

2. On commencement of using services of the service provider, the service receiver obliges herself/himself to abide every time and absolutely the laws mentioned in subsection 1, s/he also obliges herself/himself to not use the elements of the system shared with him by the service provider for purposes other than those of using the service provider’s services, in particular s/he shall not illegally duplicate, or share elements of the system covered by protection with other entities, as well as not use them on her/his own.

3. The service receiver acknowledges that in the case of service provider’s copyright and allied rights’, or industrial property law infringement, s/he will be obliged to bear the full responsibility to the service provider, which is provided for in statutory provisions, and in the case where the service receiver uses the system shared with her/him by the service provider, and infringes the rights of third parties entitling them to elements of the system, then at the service provider’s first request s/he will be obliged to release the service provider from liability for such an infringement of third party rights, or compensate the service provider for any indirect or direct costs arising from this situation.

§ 12 Final provisions

1. The general provisions binding on the territory of the Republic of Poland are applicable to matters not regulated by these Ts&Cs, in particular the provisions of the Civil Code from 23 April 1964, and of the Electronic Provision of Services Act 2002 from 18 July 2002.

2. The service provider reserves the right to introduce amendments to these Ts&Cs at any time, by placing an updated version on the website at https://www.dataresponder.com/terms-of-service/. The updated terms are applicable to services provided after the day of the update, unless if within the scope of rules beneficial to the service receiver, the service provider demands explicitly the opposite.

3. The service provider reserves the right to temporarily provide services either wholly, or partly on Ts&Cs other than those stipulated in this document, e.g. during a promotion period, where in that case the terms of providing services will be determined at every time within the appropriate timely terms of service provision by the service provider.