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Terms of Service §1 Introduction This document sets out the terms of use and operation, as well as the rights and obligations of users and the duties and responsibilities of the service provider making the Synerise application available. §2 Glossary The Parties agree that the following capitalised terms in the body of these Terms shall have the following meanings: Application — an application called Synerise provided by the Service Provider to support operations aimed at automating marketing and sales processes, including the processing of marketing and sales data and its complex analytics in a multichannel model, by collecting information about the behaviour of the Customer's customers online and offline. Profile (workspace) — the virtual space in the Application allocated to the Customer for the use of the functionalities offered by the Application. SLA — Service level agreement appended to the Terms. Agreement — the agreement under which the Customer uses the Application. Service Provider — Synerise S.A. with registered office in Kraków, email address [email protected], entered in the Register of Businesses of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under number 0000468034, holding NIP 679 309 32 92 and REGON 122880133. Customer — the entity that has concluded the relevant agreement on the use of the Application. User — the person who actually uses the Application for and/or on behalf of the Customer. Terms — this document. §3 Technical requirements In order to use the Application, one must have a device with Internet access, an application for viewing the contents of the Internet (browser) and an electronic mail account (e-mail). Additional requirements in this respect, in particular those related to the broader integration of the Application in the Customer's company, shall be specified in separate agreements or contracts. The Customer and the User shall provide their own resources within the meaning of para. 1 above. The Customer is required to develop on its own the documents necessary to offer its services to third Parties in compliance with applicable law, in particular the terms and conditions for the provision of electronic services and the relevant provisions or regulations on data processing, including personal data of persons using the Application, and to obtain the necessary consents required by law from such persons. §4 Functionality of the Application A list of the current functionalities of the Application by relevant variant is available on the Service Provider's website. The Service Provider may inform via email or in other form the Customer or the User about new functionalities, updates and use cases of the Application, in order to ensure the proper use of the Application. The Application also allows the use of services provided by third Parties. Details on the provision of the aforementioned services, including the rights and obligations of the Customer or the User, shall be contained in separate documents made available by the entities providing the aforementioned services. The Service Provider is entitled to determine which functionalities of the Application and with which communication rules can be used via the API. The technical details of the API can be found in the relevant documentation made available on the Service Provider's website. §5 Obligations of the Customer and the User The Customer and the User are required to provide true personal and contact data at the stage of assigning them access to the Application and to update them. The Customer and the User are required to use the Application in a manner consistent with the law and good morals, in particular to respect the personal rights and intellectual property rights of third Parties and to process all data, in particular broadly defined personal data, in the Application in accordance with the law, including the consents obtained. The Customer and the User are not allowed to: submit any content that violates the law, ethical standards, good morals or infringes the personal rights of third parties; use the Application in any way that interferes with its normal functioning; attempt to gain unauthorized access to any part of the Application or its infrastructure; use the Application for any purpose contrary to the Agreement or these Terms. The Customer shall be liable for any actions taken in the Application using login credentials assigned to the Customer, including actions taken by the User on behalf of the Customer. §6 Intellectual property The Application is a proprietary product of the Service Provider. The Service Provider holds all copyrights, both moral and economic, to the Application, including all of its components and derivative works. Granting access to the Application does not transfer any intellectual property rights in the Application to the Customer or the User. §7 Liability The Service Provider shall not be liable for interruptions in the operation of the Application caused by force majeure, actions of third parties, or the failure of the Customer to meet the technical requirements. The Service Provider's liability for damages in connection with the use of the Application shall be limited to the amount of remuneration paid by the Customer for the use of the Application in the 12 months preceding the event giving rise to the claim. §8 Content The Customer, by uploading content to the Application, declares that such materials shall be made available to the Service Provider free of charge in the performance of its obligations hereunder, warrants that the use of these materials by the Service Provider shall not infringe the rights of third parties, and authorises the Service Provider (grants the non-exclusive licence), without additional fee, to use the above-mentioned materials for the purpose of performing the subject hereof, in particular in the following fields of exploitation: fixation, copying, entering into computer memory, as well as communicating it to the public in a manner that allows anyone to access it from a place and at a time of their choosing, creating derivative works and using them in the above-mentioned fields of exploitation. §9 Personal data To enable the Customer to use the Application, the Customer shall entrust the Service Provider with the processing of the personal data collected by the Customer in the Application. The processing of the entrusted personal data shall be carried out in accordance with the terms of a separate agreement concluded in this regard by the Service Provider with the Customer and, in the absence of a direct contractual relationship between the Service Provider and the Customer, in accordance with the terms of the Framework Cooperation Agreement concluded by and between the Service Provider and the Partner who has concluded an Agreement with the Customer for the use of the Application, unless — with respect to a particular Customer — the Service Provider and the Partner have agreed on separate rules for the processing of the entrusted personal data with the Customer. §10 Confidentiality clause The Parties (it means the Service Provider and the Customer) undertake, during the term hereof and indefinitely after its termination or expiry, to maintain absolute secrecy and not to communicate, disclose or use without the other Party's written consent any undisclosed information of a programme-related, technical, technological, organisational, accounting, financial, personal, commercial, statistical or employee nature concerning the Parties or their affiliated or cooperating entities, regardless of the manner in which such information is communicated or fixed. The Parties undertake to keep the information referred to above confidential, unless the secrecy of the information has ceased and it is public knowledge or its disclosure is requested by a legally authorised body in the form and content stipulated by law, but only to the extent necessary. The Parties may not use the above information for purposes other than the implementation of the subject matter of the Agreement. §11 Final provisions The content of the Terms shall be available on the website through which the Application is made available and can be saved or printed at any time. The Terms shall be governed by Polish law. In matters not regulated herein, the relevant provisions of this law, in particular of the Civil Code, shall apply. The Parties declare that disputes arising from the Terms, in particular those arising from the use of the Application by the Customer, shall be submitted to the court having jurisdiction over the registered office of the Service Provider. The Service Provider reserves the right to amend the Terms. These amendments shall take effect as soon as they are made available. We use cookies We use cookies and similar technologies to analyze traffic, personalize content, and serve targeted ads. By clicking "Accept", you consent to the use of cookies. Cookie Policy