§1. Introductory provisions. §2. Terms of access to the Service. §3. Terms of providing the Service. §4. Complaint procedure. §5. Affiliation and testing period. Affiliate Programs. §6. Confidentiality of information. §7. Personal data protection. §8. Final Provisions.
REGULATIONS for the provision of the service Valid from 15 March 2022.
- Preliminary provisions.
Regulations for the provision of the service (hereinafter referred to as Terms of Service) regulates the use of the tools contained in the Sales Robots platform available at www.salesrobots.pl (hereinafter referred to as SR Platform).
The owner of SR Platform is AMG Poland LLC with its registered office in Kraków, at ul. Siemiradzkiego 27 lok.16, NIP 6762565749; registered in the National Court Register under KRS number 0000785111 (hereinafter referred to as AMG).
The e-mail address for electronic contact with AMG is: firstname.lastname@example.org.
The regulations for the provision of the service constitute terms of service within the meaning of Article 8 of the Act on Providing Services by Electronic Means of July 18, 2002.
The content of the Regulations is publicly available on the salesrobots.pl website.
The use of the SR Platform requires that the User has an ICT system that meets at least the following technical requirements: Internet access, the ability to use a standard web browser, the settings of which should allow for the support of an encrypted connection, access to electronic mail, the address of which has been reported to AMG.
- Rules of access to the Service.
AMG provides the Service via electronic means.
The SR Platform enables the creation of a free Individual Account by the User.
An Individual Account allows the User to access the tools of the SR Platform. Creating an Individual Account does not obligate the User to order the Service.
The User, by creating an Individual Account, declares that the data provided is correct.
The User orders a Service by using the electronic form available on the SR Platform.
When placing an order for a Service the User is obliged to provide full invoicing data: in the case of Entrepreneur - full company details (i.e. company name, address, and NIP) and email address dedicated to contact, in case of a Consumer - User's name, surname, address, and e-mail address for contact.
An Order placed outside the SR Platform shall be assigned to an Individual Account with a Login identical to the e-mail address indicated in the Order. If the email address cannot be assigned to an existing Individual Account, an Individual Account shall be created automatically.
AMG shall begin to provide the Service selected by the User no sooner than the User has paid the Fee in accordance with the currently applicable Price List.
The prices in the Price List are given in net and gross amounts in accordance with the current legal regulations.
By sending an Order the User agrees to conclude an Agreement on the conditions specified in the Order and in the Regulations.
The Agreement is concluded for the period specified in the Order.
The User who is an Entrepreneur acknowledges that he is not entitled to withdraw from the Contract within the meaning of the provisions of the Consumer Rights Act (Act of 30 May 2014 on Consumer Rights).
The User who is a Consumer, by declaring his intention to start using the Service within less than 14 days, acknowledges that he does not have the right to withdraw from the Agreement within the meaning of the Consumer Rights Act (Act of 30 May 2014 on Consumer Rights).
The Consumer may within 14 days withdraw from the Agreement without giving any reason.
The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to AMG. To meet the withdrawal deadline it is enough to send the statement before the deadline.
The statement may be sent by traditional mail by sending the statement to AMG's address or by electronic mail to the address indicated for contact in §1. The statement may be submitted on the form, the specimen of which is attached to the Act of 30 May 2014 on consumer rights, but it is not obligatory.
Effects of withdrawal from the Agreement: in the case of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed invalid, in the case of withdrawal from the Agreement AMG will return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by the Consumer, AMG will return the payment using the same payment methods that were used by the Consumer in the original transaction unless the Consumer has explicitly agreed to a different solution, which will not be associated with any additional costs for the Consumer.
The right to withdraw from the Agreement concluded remotely is not granted to the Consumer in relation to the Regulations for the provision of Services, if AMG fully performed the Service with the express consent of the Consumer, who was informed before the fulfillment of the service by AMG, that after the fulfillment of the service by AMG he/she will lose the right to withdraw from the Agreement
AMG shall electronically confirm acceptance of the Service for delivery.
AMG is entitled to terminate the Agreement immediately and block the User's Individual Account without the User's right to a refund of the incurred Fees if the User uses the Service: in violation of the provisions of the Agreement in violation of the law, to the detriment of AMG, to the detriment of third parties, in particular other users of the SR Platform.
When using the Service, the User shall refrain from any unlawful activities, and in particular from: using the Service directly or indirectly for illegal purposes or to violate the law, using the Service in a manner inconsistent with the Regulations, good practice, or generally accepted principles of using the Internet, using the Service in a manner that violates the rights of AMG, other users, or third parties, particularly by providing false or inaccurate data, impersonating other entities, or abusing your authority, Unauthorised modification of shared systems, log on to the Service in an unauthorised manner, e.g. using someone else's data
- Terms of Service.
AMG declares that it has the necessary technical means and resources to operate the SR Platform.
AMG shall perform the Service within three working days after the Service Fee is received in AMG's bank account or after receiving a confirmation of acceptance of the Fee by the Operator.
AMG offers the following forms of payment: traditional bank transfer to AMG's bank account, online payment by instant transfer, online payment by credit card.
Online payment by bank transfer and online payment by credit card shall be executed by the Operator.
The date of payment shall be the date the funds are received in AMG's bank account or the date the payment is confirmed by the Operator.
AMG undertakes to perform the Service according to the Terms and Conditions and the User undertakes to comply with the Terms and Conditions.
AMG shall provide access to Individual Account for the full term of the Agreement.
Access to an Individual Account may be blocked by AMG without prior notice: if for a period of two months from the creation of the Individual Account no Agreement has been concluded, after the termination of the Agreement, if no new Agreement is concluded within three months after the termination of the Agreement.
Access to a blocked Individual Account may be restored at the User's request.
AMG provides technical support during Working Hours.
AMG does not interfere with the content sent by the User. The User agrees that they have been told that they are not allowed to upload illegal content.
AMG will not be liable to Entrepreneurial Users for any legal, financial, reputational, or other consequences incurred by the User while using the SR Platform and as a result thereof at any time, except for damages caused intentionally by AMG.
AMG shall not be liable for any limitation or suspension of the tools available on the SR Platform if caused by changes made by third parties (e.g. service providers).
The use of the SR Platform does not grant the User any intellectual property rights.
AMG shall not be liable in the event of: limitations or interruptions in access to the SR Platform caused by factors beyond AMG's control, damage caused by Force Majeure, damage caused by access to the SR Platform by an unauthorised person as a result of negligence on the part of the User, damage caused by the breach of contract or legal regulations by the user damage caused by threats on the Internet (hacking, viruses).
AMG reserves the right to periodically maintain or update the SR Platform. AMG will make every effort to ensure that such activities have the least possible impact on access to the SR Platform.
- Complaint procedure.
In the event that the User believes that the Service has not been performed in accordance with the Regulations, the User has the right to file a complaint. A complaint should be made in writing to the address email@example.com.
The claim shall include User data, Login, description of the subject of the claim, and User's demand related to incorrect Service provision.
AMG will respond to the claim within 30 days of receiving it. If within this period AMG does not respond to the User's request, the complaint shall be considered legitimate.
If AMG does not accept the claim, the User is entitled to further out-of-court or court proceedings at the User's discretion.
Complaints about online payments are handled by the Operator. Claims regarding payments can be filed directly with the Operator or through AMG.
- Affiliation and testing period. Affiliate programs.
AMG runs an affiliate program for Users: The User is provided with a unique URL linked to the User's Individual Account; The user can share the link (as Recommender) with other people (Referrer) who are not currently AMG Users, The Referrer uses the link to set up an Individual Account and receives a discount when placing an Order, The Referrer shall receive a commission for Referred Orders in accordance with the current terms of the affiliate program.
The amount of the discount and commission is determined by the current terms of the affiliate program.
The commission shall be paid to the Referrer based on the invoice issued by the Referrer: invoice in case of Entrepreneur bill in case of Consumer
AMG agrees to receive VAT invoices and receipts electronically without signature.
AMG reserves the right to change or cancel the affiliate program at any time without affecting AMG's obligations to pay commissions for Referrals placed before the change or cancellation of the affiliate program.
AMG offers Users the opportunity to test the Service free of charge. The trial period is conditional on the creation of an Individual Account.
AMG reserves the right to terminate a trial period, however, Users who have started a trial period prior to the termination date retain the right to use the trial period under the previous terms and conditions.
AMG may offer cooperation to Users as part of Affiliate Programs: When a User joins a Partner Program, he/she is entitled within the scope of his/her business to purchase the Service for resale. In this case: The User buys the Service on preferential, predefined conditions, The User is responsible for implementation and technical support for the end-user, The User is the responsible party for the end-user, AMG shall not be liable for the actions of the User and the end-user.
AMG reserves the right to terminate the Affiliate Program at any time.
- Confidentiality of information.
Confidential information shall be understood as any information of economic value, in particular technical, technological, economic, financial, commercial, legal and organisational information, including contracts, lists of documents, price lists, data, materials, products, technologies, computer programs, specifications, instructions, operation plans, software, marketing plans, business plans, financial information, the nature of which determines its confidentiality even without clearly marking such nature.
Confidential information is not information that is published or otherwise constitutes public knowledge or to which there is free access from commercial or other sources.
The Parties declare that in connection with the performance of the Agreement, they may have access to confidential information concerning the other Party.
The Parties undertake to keep confidential information concerning the other Party in confidence, regardless of the form of disclosure and regardless of how the Party came into possession of it.
The Parties assure that access to the other Party's confidential information will be limited to authorised persons and solely for the purpose of executing the Agreement.
Neither Party shall publish, share or otherwise disclose the other Party's Confidential Information without the other Party's express prior written consent.
Each Party agrees to return or irreversibly delete the other Party's Confidential Information upon the other Party's written request or upon the termination of the relationship. The obligation does not apply to information necessary for the proper settlement of cooperation between the Parties, information necessary for the fulfillment of legal obligations, and information necessary for the possible safeguarding of claims.
The obligation to keep confidential information in strict confidence by each Party includes in particular the obligation to: use confidential information only in the context of the execution of the Agreement, take the necessary steps to ensure that no person or other entity that receives confidential information discloses such information or its source to third parties without express written consent, to store the Confidential Information received in a manner that protects it from theft, damage, or loss by any means or access by unauthorised persons, not to use confidential information for purposes contrary to the interests of the Party to whom the information relates to, not to copy or distribute in any way confidential information without the consent of the Party to whom the information relates to.
The User undertakes not to use the information made available to it during the execution of the Agreement to create a project competing with AMG.
Competitive activity includes, in particular: running a business competitive to AMG, A person to whom a User provided AMG confidential information that accepted employment based on employment relationship or civil law relationship (contract for specific work, order, etc.), competitive activity for an entrepreneur equates to running a business competitive to AMG, Participation as a partner in a partnership or capital company running a business competitive to AMG, serving as a member of the governing bodies of a capital company running a business competitive to AMG, acting as an agent, proxy or procurer of an entity competitive to AMG, undertaking or conducting business activity on one's own behalf or through a third party, if one’s business activity is competitive with respect to AMG.
Any entity or activity on the territory of the Republic of Poland and abroad, regardless of its organisational and legal form, which operates in the scope of AMG's business, shall be considered an entity or business competitive to AMG.
The obligations to keep confidential information confidential shall apply to the Parties for the period of 10 years from the termination of the Agreement.
The time limit referred to in the previous sentence shall not apply in the case of confidential information constituting an enterprise secret within the meaning of Article 11(4) of the Act on Combating Unfair Competition of 16 April 1993.
The Parties agree that the obligation to keep confidential information confidential does not apply to information that is or becomes publicly known without a breach of the Agreement by the Recipient.
Notwithstanding the provisions of the paragraph above, the Parties shall be entitled to disclose confidential information to the extent such disclosure is required by law, by an order issued by a public administration authority, or by a competent court or other authorised authority.
A party to whom a request for disclosure of confidential information is addressed from the authorities referred to in the paragraph above shall promptly notify of such request and provide proof thereof unless the communication of the request is prohibited by mandatory provisions of law or by a decision of the authority requesting disclosure of confidential information. The aforementioned notification should be made immediately, if possible before the confidential information is provided to the authority entitled to request access to it.
The Party whose confidential information has been disclosed by the other Party shall have the right to claim damages in court.
- Personal Data Protection.
AMG is the administrator of User's personal data. Providing data is completely voluntary, however, its lack makes it impossible to conclude the Contract.
This clause does not apply to data obtained by the User through the use of the SR Platform. The User remains the administrator of the personal data of those people.
By providing AMG with personal data of persons representing the User or persons cooperating with the User, the User declares that the provision of such data does not violate any rights of third parties. If the User misleads AMG, AMG shall be entitled to terminate the Agreement with immediate effect, without the right to return the Fees paid by the User.
Online payments and deferred payments are made through the Operator. The User provides the Operator with the payment data necessary for its execution.
The Operator is the administrator of the personal data provided by the User when making online payments. Such data, in particular payment card numbers, shall not be transferred to AMG.
- Final provisions.
The User shall bear the consequences of making false declarations or providing false or inaccurate data.
The User is obliged to inform AMG about changes in their address and contact data. AMG will not be liable for damages caused by the lack of ability to contact a user.
Correspondence between the User and AMG takes place via e-mail. Correspondence sent to the e-mail address of a Party shall be considered delivered. If the Parties do not specify e-mail addresses for contact, the appropriate e-mail addresses shall be those generally available, for example on the website.
The User agrees to issue VAT invoices without the recipient's signature and to forward them in electronic form in pdf format by making them available in the Individual Account.
The User consents to AMG using the User's company name and logo in marketing and promotional materials of AMG.
If the Agreement is terminated for reasons attributable to the User or if the User terminates the Agreement, withdraws from it, or otherwise terminates it in a manner inconsistent with the provisions of the Agreement prior to the expiry of the Agreement term, the User shall not be entitled to a refund of the whole or part of the Fee paid for the Service.
The User shall be fully liable to AMG and to third-party service providers for any damages caused by the User, and shall fully indemnify AMG against any claims from third parties.
AMG shall not be liable for any delay in performance or termination of the Agreement due to any external event which cannot be foreseen or prevented, including without limitation, accident, fire, water, flood, strike, war, national emergency, common law, judicial decision, administrative decision.
The User declares that they are aware that the activities carried out within the SR Platform do not guarantee that they will achieve certain economic benefits, and AMG is not responsible for such circumstances.
The Parties declare that the Agreement concluded in the manner described in the Regulations is binding.
Should any provisions of the Terms and Conditions be ineffective or invalid, the remaining provisions shall remain in force. In such a case, the ineffective or invalid provision shall be replaced with an effective and valid provision that, in legal and economic terms, comes closest to what the Parties intended to agree or what the Parties would have agreed to in accordance with the assumptions of the agreement for the provision of the Service, had the Parties considered the issue when concluding the Agreement.
AMG performing the obligation under Art. 6 item 1 of the Act on Providing Services by Electronic Means (Act of 18 July 2002. Dz.U. 2002, No. 144, item 1204, as amended) informs the User about specific risks related to the use of electronic services, including, but not limited to: malware, spyware, phishing. Up-to-date information about threats in electronic communication can be found on the UKE website (www.uke.gov.pl).
Any disputes arising from these Terms of Service between AMG and a User being an Entrepreneur shall be settled by a common court of law competent for the registered office of AMG.