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TERMS OF SERVICE

Thank you for your interests. The Services are provided by Witbee sp. z o.o., address: Ordynacka Street 9/33, 00-364 Warsaw, Poland.
These Terms of Service contain the terms and conditions that govern use of our Services available on or through the Website (www.witbee.com). In addition to these Terms of Service, Additional Terms may apply, supplementing these Terms of Services, especially regulating the use of particular Services. Acquainting and acceptance of Additional Terms is necessary for using the Services to which Additional Terms apply. Services are offered to you subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other Additional Terms, policies (including Privacy Policy at www. witbee.com), the Guidelines and any future modifications thereof that may be published on the Website or made available to you on or through the Services (collectively, the “Terms”). When accepted by you, the Terms form a legally binding contract between you and the Supplier. Please read these Terms carefully. By registering for, accessing, browsing, purchasing and/or otherwise using the Website and/or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not access, browse, purchase or otherwise use the Website and the Services.
Our Services are provided exclusively to legal entities and/or sole traders for business purpose. By accepting these Terms, you announce that you are entering into a contract in connection with your business activity or are acting on behalf of such entity. If you are entering into these Terms on behalf of such entity, for example your employer or the company you work for, you represent that you have the legal authority to bind that entity.
In consideration of the foregoing, the parties agree as follows:

1. DEFINITIONS

Terms - all of the terms and conditions contained herein and all other Additional Terms, policies (including Privacy Policy at www.witbee.com), the Guidelines and any future modifications thereof that may be published on the Website or made available to you on or through the Services. Together, form a legally binding contract between you and the Supplier.
Additional Terms - additional legal conditions governing the use of particular Services, the acceptance of which might be condition for purchasing the Services.
Guidelines - additional guidelines, rules or procedures applicable to the particular Services and their specific features which may be posted on the Website or otherwise made available on or through the Services;
Website – www.witbee.com or its sub domains or domains with identical names under other top domains owned by Supplier.
Supplier (or Witbee) - Witbee spółka z ograniczoną odpowiedzialnością z siedzibą w Warszawie, address: ul. Ordynacka 9/33, 00-364 Warsaw, Poland, KRS: 0000623475, NIP: 5252662720, REGON: 364731210, registry court: Sąd Rejonowy dla m.st. Warszawy w Warszawie – XII Wydział Gospodarczy Krajowego Rejestru Sądowego, share capital: 30.000,00 PLN – the owner of the Website; Services provider;
Client - a natural or legal person who has accepted the Terms and has registered the Account;
Account - the primary means for purchasing, accessing and using the Services; also refers to the billing account for the Services;
Services – paid, cloud computing based services available on or through the Website provided by the Supplier;
Fee - regular payment for using the particular Services; a list of Fees is available on the Website; list of Fees constitute an integral part of these Terms of Services;
Client Data - any digital data and information (including personal data), which are subject of the Services or otherwise provided, collected, processed or stored using the Services by the Client;
Witbee’s System - the integrated cloud computing solution for providing the Services owned by the Supplier, including applications, software, computer codes, processing software (means Witbee’s server-side software and any upgrades, which analyzes the Client Data and generates the reports), Tracking codes, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith;
Tracking code - tracking code, which is installed on any web page, app, or other property under Client control that sends data to the Supplier for the purpose of collecting Client Data in connection with providing particular Services, together with any fixes, updates and upgrades.

2. GENERAL CONDITIONS

1. Conclusion of a contract for the use of individual Services is possible only for logged-in Clients, after creating an Account, accepting these Terms of Services, Additional Terms (if applicable) and purchasing a specific Service.
2. Client undertakes to use the Website and Services in accordance with applicable law, rules of social conduct and the provisions of these Terms of Services and Additional Terms (if applicable).

3. ACCOUNT

1. You must create an Account to purchase and use the Services. The account assumes Witbee Sp. z o.o. In order to create an account, please contact: info@witbee.pl
2. Only an entrepreneur (persons who purchase the Services in connection with their business activities) may set up an Account, purchase and use the Services. By opening an Account or using the Services, you declare that you are an entrepreneur or you act on behalf of or for the benefit of such entity, you are fully authorized to act on behalf of such entity, including the imposition of obligations under this agreement on such an entity, and you have full legal capacity.
3. It is forbidden to create an account for another person or entity without their permission and authorization.
4. In order to create an Account, you must give us your company's details, including company name, address, email, telephone, number in the relevant business register and tax number, as well as other data necessary for settlements. Providing personal data is voluntary, however, it is necessary to create an Account. The administrator of your personal data is Witbee. These data will be processed by Witbee and transmitted to its contractors in accordance with the Privacy Policy.
5. The Account will be activated by account from Witbee Sp. Z o.o.
6. Client is obliged to keep all login details confidential. In the event of any disclosure, loss or unauthorized use of login details, Client is obliged to notify Witbee immediately.
7. By creating an Account, you declare that:
a. you have read and accepted without exception the content of these Terms of Service and Privacy Policy;
b. you consent to the processing of your personal data by Witbee in order to provide Services in accordance with the Privacy Policy.
8. By providing us with your data during registration and during the purchase and use of Services, you declare that these data are up-to-date and truthful and you undertake to update them on an ongoing basis. If you do not inform us about the change of your data, all letters and notices addressed to the address given to us will be considered effectively delivered.
9. Creating an Account means entering into an account agreement between you and Witbee. Based on this agreement, you gain access to the panel that allows you to purchase and manage the Services.
10. Witbee may refuse to set up an Account and refuse to enter into a contract with you without giving a reason.
11. If you do not have any Services purchased, you can cancel your Account at any time. Witbee can delete your Account if you do not use any of the Services.
12. You may not, without Supplier’s prior written consent, create an Account and/or access the Services (a) if you are a competitor of Witbee, (b) to monitor the availability, performance or functionality of the Services or (c) for other benchmarking or competitive purposes.
13. Client agrees to receive e-mail messages from the Supplier, including system information and information on difficulties, changes or interruptions in the Website or Services activities.
14. Client accepts that Witbee’s support staff may log in to the Account in order to manage, maintain or improve service, including to provide you assistance with technical or billing issues.
15. Client takes full responsibility for his own, and third party, use of Account.

PRIVACY

Our Privacy Policy explains how we treat your personal data, Client Data, and protect your privacy when you use our Website and Services. By using our Website and Services, you agree that we can use such data in accordance with our privacy policies.

PURCHASE OF THE SERVICES

1. The description and specification of all the Services we provide, as well as the method of their purchase and fees, can be found on the Website.
2. The conditions for concluding a contract of Service are:
a) creating an Account and accepting these Terms of Services,
b) acceptance of the Additional Terms (if applicable),
c) accepting the payment method and ordering the Service.
3. Client may order the Services through email info@witbee.pl, where he has the option to choose a Service, the appropriate plan and method of payment.
4. The condition for this is to log in to your Account in advance. If you do not have an Account, you should first set up and activate such an Account.
5. Client is obliged to provide his data indicated in the order form, necessary for correct invoice and billing, including the company name, address, email, phone, number in the relevant business register and tax number, as well as other data necessary for settlements and to inform Witbee about any change to this data.
6. The conclusion of the contract and the launch of the Service takes place upon the fulfillment of the following conditions:
a) having an active Account,
b) providing the required company data,
c) choosing the payment method,
d) acceptance of the Additional Terms (if applicable),
e) clicks on the "Order with payment obligation" button (or other similar button).
7. By clicking the "Order with payment obligation" button (or other similar button), Client activates the selected Service, thereby concluding a service contract between you and Witbee.
8. Witbee sends an email confirming the launch of the Service, which is only informative and declaratory - the conclusion of the service agreement and the launch of the Service occurs immediately by clicking on the button " Order with payment obligation" (or other similar button) - in accordance with the previous provisions, specified above.
9. Witbee may refuse to enter into a service agreement without giving a reason.

FEES

2. Fees for each Service are available on the Website.
3. The applicable Fee is charged in advance on monthly payment intervals, unless agreed otherwise between parties.
4. Payment of the Fees by the Client shall take place on the basis of an invoice issued by the Supplier by bank transfer to the Supplier’s bank account marked on the invoice.
5. Client agrees to receive invoices in electronic form to the email address assigned to the Account.
6. The invoice payment date is 14 days from the date of invoice receipt in accordance with point 5 above.
7. The day of payment is the date of crediting the transfer on the Supplier's bank account.
8. All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.
9. All Fees are non-refundable. It means that there are no refunds for periods where the Client did not use an activated Service, used it only partially, or deactivated the Account/Service or terminated these Terms during an ongoing payment interval.
10. After the delay with any payment, the Supplier may demand from the Client the payment of default interest for the period from the moment when the obligation to pay becomes payable until the performance is fulfilled.

CLIENT DATA

1. All rights to the Client Data belong to the Client. If the Client uploads Client Data, such data and any processing of such data must be in compliance with these Terms and applicable law. By uploading Client Data to the Supplier, Client authorizes Supplier to process the Client Data due to these Terms of Service.
2. Client is entirely responsible for Client Data that is uploaded, transmitted, or otherwise made available through the Services and the consequences of using it for the needs of Services. The Client is responsible for ensuring and warrants that:
a) Client do not create, transmit, display or make otherwise available any Client Data that violates these Terms, the rights of Supplier, other persons or organizations or is harmful (for example viruses, malware and other destructive codes), invasive of another’s privacy, hateful or otherwise unlawful;
b) Client either owns its Client Data or has the necessary licenses, rights, consents, and permissions to use and authorize the Suppliers to process or otherwise use the Client Data in a manner consistent with the intended features of the Services and these Terms,
c) Supplier’s use of such Client Data pursuant to these Terms do not and will not: (i) infringe, violate, or misappropriate any third-party right, (ii) violate any applicable law or regulation anywhere in the world, (iii) require obtaining a license or paying any fees and/or royalties by Supplier to any third party for providing Services or for the exercising of any rights granted in these Terms.
3. Supplier is not obliged to monitor or filter any Client Data or acts of its processing by the Client in order to discover any unlawful nature therein. If Client Data or the action of its unlawful processing violates applicable laws, rules or these Terms, Supplier may deny its uploading, temporarily or permanently remove the unlawful Client Data or restrict access without notice.
4. It is forbidden to upload information containing illegal content, in any way violating the law.
5. Supplier may only use Client Data to which Client grants access, for the following purposes:
(a) to provide The Services and technical support, (b) to collect the Services statistics (which will not include personal data), (c) to improve and enhance the Services (data is collected in anonymized form), (d) to showcase the results of using the Services (only upon prior agreement and to the agreed extent), (e) if required by court order, law or governmental agency.
6. Client must post on his or her website privacy policy which provides notice of Client’s use of cookies or other tracking technologies to collect data. You must disclose how you collect and process data. You will use commercially reasonable efforts to ensure that your visitors are provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the visitor’s device where such activity occurs in connection with the Service and where providing such information and obtaining such consent is required by law.

DATA PROCESSING CONTRACT

1. For the purposes 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 (General Data Protection Regulation), these Terms constitute the data processing contract between the Client as the data controller and the Supplier as the data processor. The Client hereby instructs the Supplier to process the data as described in these Terms.
2. The Supplier will process data on behalf of the Client until the termination of the Services in accordance with these Terms. The Supplier deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless applicable law requires storage of the personal data.
3. The Supplier ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. The Supplier takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679.

RESTRICTIONS

1. Client may use the Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, the Client can not:
a) use the Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
b) copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Services, Witbee’s System or any part or element thereof, or attempt to extract the source code thereof;
c) use the Services or any part or element thereof unless it has agreed to the Terms.
2. The Client can not, without Supplier’s prior express written consent (in writing):
a) sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant access or make the Services available in whole or in part to any third persons;
b) use the Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;
3. In particular, Witbee is authorized to block access to the Account and Services in the event of the Client acting to the detriment of Witbee, the Client’s breach of applicable law or Terms, as well as when blocking access to the Account is justified on security reasons.
4. Witbee reserves the right to conduct maintenance and technical breaks, which may cause difficulties or prevent the Client from using the Services. The Provider shall, as far as possible, publish information on the expected date of breaks in access and their duration.

INTELLECTUAL PROPERTY RIGHTS

1. All of the Services, the Witbee’s System (including applications, software, computer codes, Tracking codes, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith), the Website (including the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Website), Witbee trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Witbee. Copyright, trade dress, patents, trade secrets, trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws protect them. Witbee retains all right, title and interest in the Services, Witbee’s System, Website, trade names and trademarks, and any parts or elements. Your use of the Services, Witbee’s System and Website, and any parts or elements, does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Services, Witbee’s System or Website is strictly prohibited unless you have received the express prior written permission from Witbee. Witbee reserves all rights to the Services, Witbee’s System and Website.
2. The Client acknowledges that, in connection with the conclusion of this agreement, he does not acquire any copyrights to the Services, Witbee’s System and Website.
3. Client expressly acknowledges that he does not acquire any ownership rights by downloading any copyrighted material from or through the Website, Witbee’s System or the Services. You shall not copy, distribute or publish any content or any information obtained or derived therefrom except as permitted on or through the Services.
4. The Services, Witbee’s System, Website, and all intellectual property rights therein are, and will remain, the property of Witbee. All rights in and to the software not expressly granted to you in this agreement are reserved and retained by Witbee and its licensors without restriction, including, Witbee’s right to sole ownership of the software and documentation. Without limiting the generality of the foregoing, you agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Services or software outside of the scope of the license granted in this agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the software or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the software.
5. Subject to the Terms, if it is necessary to use particular Services: (a) Witbee grants Client a limited, revocable at any time, non-exclusive, non-sublicensable license to install, copy and use the Tracking code solely as necessary for Client to use the Service on your properties (means marked web page, app, or other property under Client’s control that sends data to the Services) and in accordance with the Terms; and (b) Client may view and download Client’s reports.
6. Client will not (and Client will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the software or the documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the software, the documentation or the Service; (iv) remove any proprietary notices or labels on the software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the software; or (vi) use data labeled as belonging to a third party in the Service for purposes other than generating, viewing, and downloading reports. Client will comply with all applicable laws and regulations in Client’s use of and access to the documentation, software, Service and reports.

CONFIDENTIALITY

1. Confidential information includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential".
2. Neither party will use or disclose the other party's confidential information without the other's prior written consent except for the purpose of performing its obligations under this Terms or if required by law or court order.
3. Notwithstanding the foregoing, the Supplier declares that any software elements made available to the Client under this agreement are strictly confidential. The client undertakes not to disclose this information and to oblige its employees and subordinates to keep confidential.

THIRD PARTY WEBSITES AND SERVICES

The Services may include links to other websites or services solely as a convenience to Clients. Unless otherwise specifically and explicitly indicated, Supplier does not endorse any such websites or the information, material, products, or services contained on or accessible through them. Furthermore, Supplier makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through such a websites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.

LIMITATION OF THE GUARANTEE

1. Unless otherwise expressly stated by Supplier, the Services, Witbee’s System, Website and any content or features made available in conjunction with or through the Services are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Supplier and its affiliates disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.
2. Unless otherwise expressly stated by Supplier, Supplier and its affiliates do not warrant that the Services and any content or features made available in conjunction with or through the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services and any content or features made available in conjunction with or through the Services or the server that makes them available are free of viruses or other harmful components.
3. Supplier and its affiliates do not warrant or make any representations regarding the use or the results of the use of the Website, the Services, Witbee’s System, material or any linked sites, in terms of correctness, accuracy, reliability, or otherwise.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Supplier and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Services, Website, representations made to the Supplier, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Supplier reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Supplier, and you agree to cooperate with such defense of these claims.

LIMITATION OF LIABILITY

1. Supplier shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the Services, or any part or element thereof.
2. Especially, Supplier shall not be liable to the Client for any consequences resulting from:
a) any modifications in these Terms, Services, rates of Fees, including any error, permanent or temporary interruption, discontinuance,
suspension or other type of unavailability of the Services or Website;
b) deletion of, corruption of, or failure to store any Client Data;
c) use of Client Data by the Client;
d) any disclosure, loss or unauthorized use of the login credentials of Client due to Client’s failure to keep them confidential;
e) the Client’s use of the Account or the Services by means of browsers other than those accepted or supported by the Supplier;
f) the application of any remedies against the Client by the Supplier, for example if the Client has committed a crime or conducted a breach of applicable law by using the Services or any part or element thereof;
g) the differences between technologies and platforms used for access, for example if certain features, functions, parts or elements of the Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;
h) the Supplier’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.
3. Supplier shall not be liable to the Client for any claim by any third persons against the Client arising out of the Client’s failure to: a) provide Supplier with accurate information about the Client or Account;
b) notify Supplier of any reasons due to which a authorized person does not have the right to use the Account on behalf of the Client;
c) ensure the lawfulness of the Client Data;
d) obtain the necessary rights to use the Client Data; or
e) abide by any of the restrictions described in these Terms.
4. In no event shall the aggregate liability of Supplier and its affiliates arising out of or related to these Terms exceed the total amount paid by Client hereunder for the Services giving rise to the liability in the three months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability.
5. In no event will Supplier has any liability arising out of or related to these Terms for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, whether an action is in contract or tort and regardless of the theory of liability.

MODIFICATION OF THE SERVICES

1. We are constantly changing and improving our Services. We may add or remove functions or features, and we may suspend or stop a Service altogether. Especially Supplier reserves the right to modify or stop the Services or any part or element thereof without prior notice, including, without limitation, the right to:
a) stop providing the Services or stop developing any particular Service temporarily or permanently;
b) take such action as is necessary to preserve Supplier’s rights upon any use of the Services that may be reasonably interpreted as violation of Supplier’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.
2. As applicable, Client may be notified of such modifications when logging in to the Account.
3. All changes and modifications will become effective immediately. By continuing to use the Services or any part or element thereof, Client agrees to this changes and modifications.
4. If Client does not agree to the modified Services, should discontinue his use of the Services.
5. Supplier shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the Services, or any part or element thereof.

MODIFICATIONS TO THE TERMS (INCLUDING FEES)

1. Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms, including Fees, at any time by posting such changes on or through the Website, the Services or by mail. Please check these Terms periodically for changes. Client’s continued use of the Services after such changes have been posted as provided above constitutes his binding acceptance of such changes.
2. Such amended Terms will automatically be effective upon the earlier of (a) Client’s continued use of the Services, or (b) 7 days from posting of such modified Terms on or through the Website, the Services or by mail. However, changes addressing new functions for Service or changes made for legal reasons will be effective immediately.
3. Notwithstanding the above, the change of Fees will be effective after 7 days from the date of posting such changes on or through the Website, the Services or by mail.
4. If Client does not agree to the modified Terms, should discontinue his use of the Services.
5. The resolution of any dispute that arises between Client and Supplier will be governed by the Terms in effect at the time such dispute arose.

TERMINATION

1. Either party may terminate these Terms at any time with notice.
2. Upon any termination of these Terms, Witbee will stop providing, and Client will stop accessing the Account and will stop using the Services.
With a moment of notice, Client loses access to the Account and the Services. 3. Client is obliged to delete all copies of the Tracking code from all web pages, apps, or other property under Client’s control that sends data to Witbee and certify thereto in writing to Witbee at his request within 3 business days of termination.
4. In the event of any termination:
a) Client will not be entitled to any refunds of any Fees, and
b) any outstanding balance for the Services rendered through the date of termination will be immediately due and payable in full and
c) all of Client new and fresch data will no longer be available.
5. Witbee shall not be liable for any damage or lost of profits caused by the termination of these Terms.

JURISDICTION AND APPLICABLE LAW

1. This Agreement will be governed by and construed under the laws of Republic of Poland.
2. All disputes arising from this contract shall be submitted to the jurisdiction of Polish courts. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Republic of Poland.
3. The competent court is the court having jurisdiction over the seat of Witbee.

FINAL PROVISIONS

1. If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
2. Client may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Supplier’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable.