Terms and Conditions

Last Updated: December, 2024

General Provisions

These terms and conditions specify the type, scope, and conditions for the provision of Services electronically via the Service, including the rules for using the System. The owner of the Service is Damian Kamiński, based at ul. Lilli Wenedy 15/30, 30-833 Kraków, NIP 6792950185, [email protected]. The manager of the service is Damian Kamiński, based at ul. Lilli Wenedy 15/30, 30-833 Kraków, NIP 6792950185, [email protected]. Using the Service and Services provided through it requires prior familiarity with the content of the Terms and Conditions and its acceptance. Lack of acceptance of the Terms and Conditions prevents placing an order and using the Services.

Definitions

The following meanings are assigned to the notions used in these Terms and Conditions:

• Web Application - software along with elements that are not computer programs in a version for electronic devices, within which the Service Recipient can use the System's functionality;
• Price List - a summary of information on the prices of Services provided by the Service Provider available in the Service in the "Pricing" tab at: https://pubiste.io/#pricing, constituting an integral part of the Terms and Conditions;
• Consumer - a natural person performing with an entrepreneur a legal act not directly related to their business or professional activity, and an entrepreneur conducting a sole proprietorship concluding contracts that are non-professional in nature, to whom the provisions of law (including the Consumer Rights Act and the Civil Code) grant consumer rights;
• Service Recipient's Account/Account - part of the Service constituting a collection of resources and entitlements assigned to a specific Service Recipient, accessible after logging in using a login and password, through which the Service Recipient has access to the System and can use the Services;
• Activation Link - generated as a result of sending a request to create an account, during open registration or a paid order for a Service, individually assigned to the Service Recipient coded link, the completion of which with a password or access code enables access to the Service Recipient's Account;
• Billing Period - the period for which the Service Recipient's obligations for Services provided in a subscription mode are settled, starting from the day the service is paid, and ending according to the selected subscription plan by the Service Recipient;
• Subscription Fee - the fee paid by the Service Recipient in the amount specified in the Price List for using the Services in a given Billing Period;
• Entrepreneur – a natural person who is not a Consumer, a legal entity or an organizational unit without legal personality, to which separate legislation grants legal capacity, conducting business activity, including also partners in a civil partnership within the scope of their business activity;
• Terms and Conditions - these terms and conditions for providing services electronically, constituting the contract template and fulfilling the obligation referred to in art. 8 sec. 1 point 1 of the Act on Providing Services Electronically;
• GDPR - 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 (General Data Protection Regulation);
• Service - an organized IT-information platform enabling the Service Recipient to use Services and access digital content developed by the Service Provider available at the domain address pubsite.io and its subdomain addresses;
• System - an IT solution being software along with elements that are not computer programs available in the SaaS (Software as a Service) model provided by the Service Provider to the Service Recipient via the Service based on the Agreement;
• Providing services by electronic means - performance of a Service provided without the simultaneous presence of the parties (remotely) to the Service Recipient, through data transmission at the individual request of the Service Recipient, sent and received via electronic processing means, including digital compression and data storage, which is entirely transmitted, received or transmitted via a telecommunication network within the meaning of the Act of July 16, 2004, Telecommunications Law;
• Agreement - an agreement for providing Services electronically concluded remotely between the Service Provider and the Service Recipient, whose subject and content are specified by the provisions of these Terms and Conditions, the Price List, and information on available Services available on the Service;
• Services - free and paid services provided electronically via the Service by the Service Provider to the Service Recipient, consisting of providing the Service Recipient with access to the System and its functionalities and ensuring its proper operation;
• Service Recipient – a natural person with full legal capacity who uses services under the Agreement, or an entrepreneur who uses Services under the Agreement for purposes directly related to their business or professional activity;
• Service Provider – an entity providing Services electronically under the Terms and Conditions, Price List, and information on Services available on the Service, i.e., Damian Kamiński, based at ul. Lilli Wenedy 15/30, 30-833 Kraków, NIP 6792950185.
• Act on Providing Services Electronically - Act of July 18, 2002, on Providing Services Electronically (i.e., of March 3, 2020, (Dz.U.2020.344))

Technical Requirements

Using the Service, including in particular using the Services, requires fulfilling the minimum technical requirements necessary to cooperate with the System, i.e.: - having a functional device with an internet connection (e.g., computer, tablet, smartphone), - updated and properly configured versions of internet browsers: chrome, safari, firefox, or opera, - having an active email address, - enabled support for cookies and Java Script.

Use of the Service

1. Within the Service, the Service Provider enables the Service Recipient to:

   • access a platform enabling content publication,
   • collect subscriptions for the newsletter,
   • promote content on social media,
   • collect analytical data regarding their page,
   • manage the Service Recipient's Account, including creating and deleting it,
   • recover lost accounts.

2. By accepting these Terms and Conditions, the Service Recipient particularly undertakes to:

   • respect the ban on providing unlawful content, which includes in particular the ban on posting offensive, false, immoral content, violating good customs, promoting violence and hatred,
   • refrain from actions aimed at disrupting the functioning of the Service and obtaining information and data not intended for the Service Recipient,
   • refrain from other actions that would be inconsistent with applicable laws, good customs or would violate the rights and personal assets of the Service Provider and third parties.

3. The Service Recipient undertakes to use the content posted on the Service solely for personal use and to fulfill the concluded Agreement. Using resources and functions of the Service for other purposes requires separate, prior, and written consent from the Service Provider.

4. In the event that the Service Recipient, while using the Service, violates the Terms and Conditions or applicable laws, as well as acts to the detriment of the Service Provider and/or third parties in any other way, the Service Provider may limit their access or deprive them of access to the Service with immediate effect. The Service Recipient will be notified of the measures taken immediately. Regaining access to the Service requires prior consent from the Service Provider. In the event of the occurrence mentioned above, the Service Recipient is obliged to take immediate actions to remove the cause of access restriction or blocking their Service Recipient's Account, otherwise the Service Provider is entitled to terminate the Agreement with immediate effect without notice.

5. The Service Provider provides Services continuously 7 days a week, subject to provisions regarding particular situations. The Service Provider reserves the right to temporarily suspend the provision of Services within the System due to the necessity of performing maintenance or repair work, as well as due to modernization or reconstruction of the System. The Service Provider will make efforts to ensure that interruptions in the provision of Services are not burdensome for Service Recipients. Information on the planned temporary suspension of the System's operation will be provided electronically to the Service Recipients to the email address provided during registration or via the Service Recipient's Account.

6. The Service Provider shall not be liable for interruptions in the provision of Services or disruptions in access to the Service caused by force majeure (e.g., fire, natural disasters, epidemic), Service Recipient's equipment failures, power or internet connection outages, unauthorized interferences by Service Recipients or third parties, or malfunctioning of telecommunications systems and software installed on Service Recipient's computer equipment.

Service Recipient’s Account

• Registration and management of the Service Recipient's Account are free of charge.
• Registering a Service Recipient's Account is possible by completing the registration form available on the Service and providing the following data in accordance with the factual state:
  • Email address
• An agreement for maintaining the Account between the Service Provider and the Service Recipient comes into effect upon its activation by the Service Recipient, which occurs by clicking on the Activation Link sent by the Service Provider to the email address provided by the Service Recipient during Account registration.
• Logging into the Service requires providing a login and password. The user's email address serves as the login. The password is set by the Service Recipient during the Account registration process.
• The Service Recipient is obligated to keep confidential the information enabling access to the Service Recipient's Account. To maintain login security, the Service Provider recommends changing the login password every 30 days. The Service Provider is not responsible for the consequences of the Service Recipient providing the password to third parties.
• The Account is established for an indefinite period, and the Service Recipient is entitled to delete the Account at any time without specifying a reason. To do this, contact support by sending an email to: [email protected]
• The Service Provider is authorized to block the Account in the circumstances mentioned in the section regarding the use of the Service or delete the Account in situations mentioned in that part of the Terms and Conditions.
• Changing or recovering the password is possible via recovery functions or password changing available in the application settings.
• The Service Provider does not store sensitive information in the database after payment, such as account numbers or credit card numbers.

Using the Services

Use of Services is possible after prior registration of the Service Recipient's Account within the Service, acceptance of the Terms and Conditions and Privacy Policy, knowledge of the Price List and information on available Services posted on the Service, and in the case of paid services – after payment of the Subscription fee.

Service Recipients can use Services for free – within early access to the Service, and paid for after the full application version is released – within the selected variant of paid Services according to the Price List. The paid Service Agreement is entered into when the Service Recipient confirms the order for the Service by selecting the "order and pay" button. Orders that cannot be confirmed within 7 days will be canceled.

Orders for Services are accepted and registered by the Service Provider from Monday to Friday between 8 am and 4 pm throughout the calendar year. Ordered free Services will be activated within 24 hours from their confirmation by the Service Recipient, and ordered paid Services within 24 hours from posting the Subscription fee on the Service Provider's account, which amount depends on the selected Service variant.

During and after the completion of the free Service, the Service Recipient has the opportunity to enter into a paid Agreement by paying for the selected subscription plan. Upon completion of the free Service and the possibility of concluding a paid Agreement, the Service Provider will notify the Service Recipient electronically. The paid Service Agreement is concluded for the period specified in the selected variant of Services and the Price List available on the Service.

Payments

The Service Recipient is obliged to pay for the paid Service upfront according to the Price List within 7 days from order confirmation, otherwise, the Service Provider has the right to withdraw from the Agreement and cancel the order.

If a particular Service variant is not specified in the current Price List, the Service Recipient is subject to an individualized price list (as per separate agreement with the Service Provider). The Service Provider allows payment in the following forms: Traditional transfer, Blik, Quick transfer, as well as through intermediaries Stripe and lemonsqueezy, which allow gateways such as przelewy24 or card payment. The payment moment is the date the payment is credited to the Service Provider's bank account. The costs related to executing payments are borne by the Service Recipient.

The Service Provider will issue the Service Recipient an invoice based on the information provided during the registration of the Service Recipient's Account. If the Service Recipient is a VAT payer, they should provide their VAT number during registration or in the order and indicate if a VAT Invoice should be issued. The Service Provider will deliver the invoice to the Service Recipient at the email address provided within 7 days of its issuance. The Service Recipient consents to receive invoices from the Service Provider electronically, in accordance with Art. 106n sec. 1 of the Act of March 11, 2004, on Value Added Tax.

Any changes concerning Subscription Fees will be announced on the Service by publishing the updated Price List. Changes in the Price List do not affect the amount of Subscription Fees paid by Service Recipients based on an Agreement concluded before the modified Price List was published.

Termination of the Agreement

The Termination of the Service Agreement will take place: - regarding the Service Recipient Account management Service – at the moment the Service Recipient places an order for Account deletion (by making changes to the Service Recipient Account or sending a removal declaration to the Service Provider's email address) or due to deletion of the Service Recipient Account by the Service Provider regarding termination of the Agreement due to reasons specified in the relevant provisions of the Terms and Conditions, - regarding the free Service – following the end of the period of its operation and in connection with the lack of payment of the Subscription Fee for the paid Service; - regarding the paid Service - with the expiration of the period for which the Service was purchased and the lack of continuation of the Agreement for another Billing Period, meaning non-payment of the Subscription Fee for the next Billing Period.

The Service Recipient can terminate the Agreement without specifying reasons by deleting the Service Recipient Account in the System or sending a request to: [email protected]. In this case, the Agreement expires at the end of the current Billing Period, and previously made payments will not be refunded. Within 30 days of paying for the Service, the Service Recipient has the right to withdraw from the Agreement without specifying reasons. In such a case, the Service Recipient must send a withdrawal declaration to the appropriate email address, and the refund will be processed within 14 days from the receipt of the withdrawal declaration.

In the event of withdrawal from a distance contract, the Agreement is considered not concluded. A Service Recipient who is a consumer within the meaning of the Civil Code and the person referred to in Art. 38a of the Consumer Rights Act may opt out of the product or service purchased on the Service without reason within 14 days from the date of its receipt. Maintaining this deadline requires sending the withdrawal declaration to the Service address or the email provided in the Terms and Conditions.

The Service Provider is entitled to terminate the Agreement without notice in case of: - providing false or incomplete data by the Service Recipient, indispensable for executing the Agreement, - justified suspicion or establishing Service Recipient's use of Services inconsiderate of the Terms and Conditions or in violation of applicable laws, or infringing on third parties' rights, especially in situations where the Service Recipient breaches obligations specified in the section concerning the use of the Service.

Complaint Procedure

If there are any objections regarding the functioning of the System or irregularities in the Services provided by the Service Provider, the Service Recipient can file a complaint by sending it to the following email address: [email protected]

The complaint submission should indicate: - login/email address assigned to the Service Recipient and contact details, - the subject matter of the complaint – indication of irregularities along with the indication of their occurrence date and duration, - a proposed way of resolving the complaint.

Before handling the submitted complaint, the Service Provider may request the Service Recipient to complete it if the information submitted by the User requires clarification for appropriately handling the complaint.

The complaint will be handled promptly, but no later than 14 days from the date of receiving the complaint submission by the Service Provider, and the manner of handling the complaint will be communicated electronically to the Service Recipient at the email address associated with the Service Recipient's Account.

All other comments regarding the functioning of the Service and questions related to the Services should be directed via email to: [email protected].

Protection of Personal Data and Confidentiality

• The data administrator of the Service Recipients is the Service Provider.
• The data administrator processes the personal data of Service Recipients, namely email address, to allow the Service Recipients to use the System, including for the provision of Services to the Service Recipient.
• Providing personal data by Service Recipients is voluntary, but without providing them, using specific Services might prove impossible.
• The Service Provider endeavors to ensure the security and confidentiality of personal data, in particular, by performing data processing in compliance with applicable law (GDPR and sector regulations) and ensuring appropriate security measures.
• More information on the protection of Service Recipients' personal data, along with information regarding cookie policy, is available in the Privacy Policy on the Service.

Intellectual Property Rights

The Service Provider reserves that both the Service and System contain content protected by intellectual property law (e.g., graphic elements, logos, computer programs). Use of the Service does not mean acquiring any intellectual property rights to the works on the Service. Without obtaining prior consent from the Service Provider, it is prohibited to copy, distribute, use, and modify any components of the Service or System.

The Service Provider grants the Service Recipient only a non-exclusive license (hereinafter: "License") allowing the use of the Service and System consistently with its purpose, including as defined in the Terms and Conditions, Price List, and other announcements posted on the Service. The issued License does not authorize the Service Recipient to grant further licenses (sublicenses). The License is granted by the Service Provider without territorial limitations for a specified period corresponding to the period of providing the Service access to the System and expires with the deletion of the Service Recipient's Account.

Final Provisions

• The Terms and Conditions are available free of charge in the Service for every Service Recipient.
• The Service Provider reserves the right to make changes to the content of the Terms and Conditions while protecting acquired rights.
• The Service Provider will inform Service Recipients about changes to the Terms and Conditions no later than 14 days before their planned entry into force by displaying a message and publishing the new Terms and Conditions on the Service as well as sending information about the planned change electronically to the email address associated with the Service Recipient’s Account. Lack of objection from the Service Recipient to the proposed changes within 14 days from notification is equivalent to acceptance of the new Terms and Conditions. In the case of opposition, the Agreement is terminated on the day preceding the entry into force of the new Terms and Conditions, which also results in the termination of the agreement for maintaining the Service Recipient’s Account.
• The Service Provider may differently regulate the terms of using the System based on a separate agreement concluded with the Service Recipient. In such a case, the provisions of the said agreement have precedence over the provisions of the Terms and Conditions in the event of conflict.
• These Terms and Conditions are subject to Polish law. All disputes arising out of these Terms and Conditions will be resolved through amicable negotiations, and if an agreement cannot be reached - before the competent common court for the Service Provider's seat.
• In matters not regulated by the Terms and Conditions, the generally applicable provisions of Polish law will apply.
• The content of these Terms and Conditions is available in the Service, i.e., the Web Application.
• The Terms and Conditions take effect from December 10, 2024.