- These Terms and Conditions determine rules for usage of services supplied in an electronically in the form of cudo.co application.
- For the purposes hereof, the following Terms shall have the following wording:
1) Operator – Akademickie Inkubatory Przedsiębiorczości (AIP) foundation, with the registered office in Warsaw, 00-672 Warszawa, ul. Piękna 68, registered in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for the capital city of Warsaw, the 12th Commercial Department of National Court Register, under KRS number: 0000199402, NIP: 524-24-95-143, running the venture under the name of cudo.co within the startup structure of cudo.co, run by Joanna Zawicka, within the AIP Pre-incubation Programme.
AIP przy Politechnice Warszawskiej
ul. Noakowskiego 18/20 – kl. C
2) Service – the service cudo.co is provided electronically by the Operator to the User using the Internet, in order to provide server space for collecting, processing, and sharing the Content – under the Terms and Conditions specified in the selected Subscription,The Service is paid in accordance with the Terms set out in the Price List and selected by the User Subscription;
3) Website – the www.cudo.co, administered by the Operator, on which the Service is provided as well as it presents the characteristics of the Service;
4) Agreement – the agreement between the Operator and the User of the Service concluded electronically by completing the registration form on the Website;
5) Server – the computer (computers), which stores the Content of the Users and software that enables the proper operation of the Service;
6) User – an entrepreneur who, in the course of their business or profession, has entered into the Agreement in order to use the Service;
7) Collaborator – the person authorized by the User to access the Account of the User, in the extent and on terms specified by the User;
8) Account – the space on the Server assigned to the User, with an assigned unique Internet address, Login, and protected with Password;
9) Account Database – a collection of personal data of Users of the Accounts, which are processed in an orderly manner by the Operator as the administrator of personal data within the meaning of the Personal Data Protection Act of 29 August 1997 (Dz.U. 2002.101.926 as amended) for the purpose of issuing a VAT invoice;
10) Price List – information contained on the Website in a tab https://cudo.co/oferta-cudo-co/ determining the price for the Service;
11) Subscription – a selected by the User from one of the available Services on the Website;
12) Content – graphic files, documents, and other data that can be stored, processed, and made available in electronic form by the User of this Service, and owned by the User;
13) Login – a string of alphanumeric characters signifying the username, and securing access to the Account;
14) Password – a string of alphanumeric characters, obligatory to enter during the login process in order to gain access to the account, which is chosen by the User during the registration process.
§2 CONCLUDING THE AGREEMENT / REGISTRATION OF SERVICES
- Using the Service is possible after concluding an Agreement between the User and the Operator, and making a payment for the use of the Service in accordance with the Price List for a chosen the Subscription.
- The selected Subscription can be preceded by a free trial period prior to the paid Service.
- The contract for the provision of Service is concluded via an electronic registration form on the Website and must be preceded by an acceptance of the Terms and Conditions and approving all conditions indicated by the Operator. By entering the data and approving the registration form the User agrees for registration on the Website.
- In the registration form available on the Website the User is obliged to provide an e-mail address.
- In case of the paid Service, at the latest at the start of the paid Service period, the User is required to provide:
- the name of the company, and surname and first name, if the User is a natural person;
- tax ID (NIP) number or Social Security (PESEL) number, if the User is a natural person;
- the company address or the address of business activity;
- the address for correspondence;
- the contact phone number for the User;
- the e-mail address;
for the purpose of issuing a VAT invoice.
- The User is obliged to update the data provided in the registration form in case of each its change.
- After successful registration on the Website, an Account shall be generated automatically and assigned to the specific User. Afterwards, the User shall establish an individual Login and Password necessary to access the Service.
- If the User selects the Subscription:
- which allows free usage of the Service for a given period, the Account shall be activated immediately after the registration.
- which does not allow free usage of the Service for a given time, the Account shall be activated immediately after the required payment.
- Upon the first logging, the Operator grants the User a temporary, revocable, nonexclusive, and non-transferable license to use the Application, “cudo.co”, within the scope of provided Services, in a place and at a time chosen by the User:
- win case of a paid Service – for the period of time for which the User had paid;
- in case of a free Service – for the period of time specified in the Subscription.
- The User is not entitled to cede, transfer of rights and obligations arising from the contract for the provision of the Service to third parties.
- The license permits the use of the Application (“cudo.co”) only in the extent necessary to use the Service, i.e. for collecting, processing, and sharing of Content on the Account.
- The User by accepting these Terms and Conditions, and creating the Account:
- declares that the User knows the Terms and Conditions and agrees to abide by,
- declares that the User agrees for the processing of personal data by the Operator to the extent necessary to provide the Service,
- declares that any data that has the status of personal data was entered in the Service by the User voluntarily and consciously;
- consents to the transfer and creation of his invoices in electronic form issued by the Operator in connection with the provision of Services;
§3 CONDITIONS OF PROVIDING AND USING THE SERVICE
- The User uses the Service at his own risk. The Operator shall not be responsible for any damages resulting from the Service, except as described in this paragraph.
- The contact between the User and the Operator is made only by e-mail.
- The User acknowledges that in order to provide the Service, the Operator uses a third-party co-operation in order to provide computing power and access to the Internet, to provide administration services, etc.
- The Operator provides the Service and the Website with due diligence and in accordance with his best knowledge and technical capabilities.
- The Operator, in justified cases, has the right to request the User to cease any activity concerning the use of the Account, if they are deemed undesirable by the Operator, even if they do not violate these Terms and Conditions – such a request shall be sent to the User by e-mail.
- The Operator shall not be responsible for damages caused by malfunctioning of the Website or the Account through no fault of him, including for faultless loss of Content.
- The responsibility of the Operator for damages resulting from non-exercise or improper execution of the Service agreement is limited to the value of the remuneration received by the Operator from the User within the last 12 months of using the Service.
- In a case of a free Subscription, the Operator reserves the right to:
- block and remove the Service, at its own discretion upon prior notice in case of account inactivity for the perion exceeding 1 month
- to change its name (address) when another User, using paid Service, claims the name. In that case, the Operator shall contact the User, giving them the opportunity to convert the Service into a paid one
- OThe Operator, in particular, does not guarantee that: the Service meets the specific requirements of the User, the Service will be provided safely and without errors, the results of the Service shall be free of errors, the errors found in the Service shall be corrected.
- The Operator has the right to:
- periodic interruptions of availability of the Service (maintenance breaks), in a manner which shall least impede the normal use of Service and shall publish on the Website an information about planned interruptions specifying their duration;
- the immediate cessation of the Service, if a User violates the provisions of the Terms and Conditions or provisions of current law;
- modify features, aesthetic and functional elements of the Website and Accounts, and to publish image and text advertisements that appear in time chosen by the Operator.
- The User within his Account can manage the stored Content, including viewing, modifying, and making it available to the general public or colleagues, or hiding it in its sole discretion and at his own risk.
- The Operator is not responsible for the Content of the Accounts. The User agrees not to collect, store, or process personal data in accordance with the Personal Data Protection Law.
- The User is solely responsible for adding and managing the Content.
- The use of the Service by the User may not lead to:
- violation of personal rights and copyright of other entities;
- attempts of illegal entry into computer systems of the Operator and other servers on the Internet, or prevention or interference of use of system resources or hardware of the Operator by other Users (for example: hacking attacks including DDoS, phising, and the like; promoting or publishing of tools for illegal activities, including electronic security breaches, inter alia: tokens, keys, passwords, credit card numbers and the like; promoting or publishing of information about illegal activities, including hacking, phising, cracking and the like);
- committing a forbidden act within the meaning of the applicable laws, transmitting spam, or delivery of illegal content;
- storing or publishing information including sexually explicit, pornographic, or warez (containing illegal software) content, as well as racist or discriminatory content, and also storing and publishing of content commonly considered offensive;
- violations of privacy of other Internet users, publishing unlawful data or data inconsistent with the actual facts;
- other acts constituting a violation of the existing law, social norms or accepted practices, or decorum;
- destabilization of the Service or disrupting the continuity of the Services.
- Within the Service the User may work with the Collaborators in the number not greater than indicated in the chosen Subscription.
- The User can assign the Collaborators permissions in access to the Account, appropriate to the technical capabilities of the Website.
- The Collaborators can add and browse the Content.
- The Operator shall not be held responsible for any operations carried out by the Collaborators or the User.
§5 SECURITY OF CONTENTS
- The Operator shall protect User’s Data from access by third parties, with the exception of the Collaborators, indicated by the User or persons to whom the User revealed the access data to the Account.
- The User shall receive the access the Data by entering the Login and Password, which are the primary means of Data security.
- The User may at any time change the password and login.
- The User is solely responsible for the security of the Password and Login, including making them available to unauthorized persons.
§6 TECHNICAL REQUIREMENTS
§7 PERSONAL DATA
- The Administrator of Users’ personal data, which is the contents of the Account Database, is the Operator which undertakes to process the personal data to the extent necessary to provide the Service and to issue a VAT invoice. The Operator may process personal data for other purposes only with the consent of the User or if permitted by applicable law.
- The Administrator entrusted the processing of personal data to Joanna Zawicka, contact: email@example.com
- The User has the right to inspect and modify, or delete their data stored in the Account Database.
- The User agrees to provide User’s personal data.
- The Operator declares that the computer infrastructure of the Website meets the requirements of generally applicable laws regarding technical and organizational conditions which should be fulfilled by devices and computer systems in order to use them for personal data processing.
- On the account of using the Service, the User is obliged to pay to the Operator payment – according to the Price List and selected Subscription current at the date of conclusion or renewal of the Agreement.
- The remuneration is paid on the basis of the placed order. After the payment, the Operator shall send the User an electronic VAT invoice stating the remuneration for providing the service.
- The remuneration is payable in advance. Lack of the payment at the due term may result in locking the Service.
- The billing period may be: 1 month, 3 months, 6 months, or 12 months, depending on the selected option from the Price List. The accounting period begins on the date of first usage of the Service.
- The User is obliged to pay the remuneration for the entire period for which the Service was ordered, even if the User did not use the Account out of his choice.
- The Operator shall inform the User by e-mail sent to the address indicated on the registration form about the necessity of payment for new accounting period, and in case of failing to extend the agreement also about the removal of the Account.
- The Service may contain free trial. When the free trial period is over, the User shall be able to continue to use the Service only after the payment for the service, in accordance with the paragraph 3 above.
- If the User changes the Subscription to a higher offer, the change shall result in a beginning of a new accounting period.
- The change of Subscription to a lower offer after using a free trial period or after a renewal of Service may result in some loss of functionality and/or Account limits. The Operator shall not be responsible for any loss it may cause.
§9 TERMINATION OF AGREEMENT AND CESSATION OF SERVICE
- The Agreement is concluded for a definite period of time specified in the Subscription selected by the User. The duration shall start from the date of activation of the Account. Before the end of the duration of the Agreement the User may submit an extension notice in order to extend the period for the period specified in the Subscription chosen by the User.
- The Operator may terminate the Agreement with the User with an immediate effect in case of gross violation by the User of the rules for using the services specified in the Terms and Regulations.
- The Operator may terminate the Agreement with the User with a 30 day notice in any time.
- The termination notice shall be made by e-mail.
- In the event of termination of the Service, the Operator shall notify this fact to the User.
- The notice shall indicate the end date of the service period and the deadline for transferring data from the Account.
- After the data transfer deadline, the Operator shall be entitled to delete the data from the Account with no liability for the operation.
§10 COMPLAINT PROCEDURE
- The User shall make a complaint for failure or improper performance of the agreement by effective sending the complaint by e-mail to the Operator using the e-mail address indicated on the Operator’s Website, and include at least:
- the full name of the User and the name of User’s Account;
- description of the problem, along with all available details;
- The Operator shall be obliged to respond to the complaint within 7 days from the date of its receipt, indicating whether the complaint is accepted and how the problem will be solved.
- Complaints which shall not meet the requirements mentioned in the paragraph 10, shall have no effect.
- The complaint procedure shall be conducted exclusively in an electronic form.
The exclusive rights to the content made available at the Website, in particular the copyrights for the Application, for photos, the service name, the Operator’s trademarks, and the other graphic elements, software, and database are protected by law and belong to the Operator or entities with which the Operator has entered into appropriate agreements. Copying or other forms of use of any of the parts of the Website or the Application without the consent of the Operator is forbidden.
§12 AMENDING THE TERMS AND CONDITIONS
Any amendments to the Terms and Conditions shall be published on the Website, additionally the User shall receive the information about any amendments to the Terms and Conditions – including an amendment’s validity date – in an e-mail message sent to the User and through the Website.
§13 FINAL PROVISIONS
- These Terms and Conditions, in accordance to the provisions of the Law on Electronic Services and the Civil Code, is binding.
- All matters not regulated within this Agreement shall be resolved by provisions of the Civil Code and applicable laws.
- All correspondence between the Operator and the User shall be sent using electronic mail:
- in the case of the Operator the address is firstname.lastname@example.org,
- in the case of the User shall be used the e-mail address entered in the registration form.