General Terms of Service

These Terms of Service shall prescribe the terms and conditions of using the Internet platform at the address www.saasgenius.com. For Polish Click here.

 

DEFINITIONS

 

ACCOUNT

service rendered by electronic means; a modifiable part of the Platform individually assigned to the User, in which data pertaining to the User and his/her activity within the Services and Platform are collected

NEWSLETTER

a free-of-charge service provided by electronic means, through which Users are notified on news on the Platform by receiving selected and edited content in the form of an electronic letter from the Service Provider

PLATFORM

website available in the Internet at the address www.saasgenius.com owned by the Service Provider

PRIVACY POLICY

the document governing security of protecting and processing the personal data of Users; The Privacy Policy shall constitute an integral part of these Terms of Service and shall be available at the address http://www.saasgenius.com/privacy-policy/

PROFILE

an isolated part of the Platform linked to the Account and containing User’s data which are available to the public, also for entities being not Users

TERMS OF SERVICE

these terms of service regulating the provision of Services through the Platform

VENDOR TERMS OF SERVICE

terms of service available at the address http://www.saasgenius.com/vendor-terms-of-use/ which shall complete these Terms of Service by rules and terms and conditions of provision of the Services for the Vendors and rules and terms and conditions of usage of the Platform by the Vendors

CONTENT

any kind of materials hosted by the Service Provider, in particular in the form of opinions and reviews of Vendors’ services and entries on the Platform blog, which the User may browse or upload to the Service Provider’s server in an electronic form by means of the Services

AGREEMENT

an agreement for provision of Services by electronic means concluded by and between the Service Provider and User, the general provisions of which shall constitute these Terms of Service

SERVICES

services provided by electronic means by the Service Provider on the basis of the Terms of Service through the Platform;

SERVICE PROVIDER

Tomasz Górski, pursuing business activity under business name SAASGENIUS Górski Tomasz in Drezdenko at ul. Piłsudskiego 55, Tax Identification Number NIP 2810011775, registered in the Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej, CEIDG) maintained by the minister in charge of economy; the mode of contact with the Service Provider: by e-mail; e-mail address: contact@saasgenius.com; by mail (address for service as indicated above)

USER

an entity with full capacity to perform acts in law using the Services within the frames of the Platform in connection with his/her business or professional activity

VENDOR

The User who presents through the Platform applications, software and other services which are provided by electronic means and which are to support business or professional activity of other entities; Vendor shall also be understood as the User acting for and on behalf of the Vendor on the basis of relevant authorisation

 

  1. PRELIMINARY PROVISION

 

  1. These Terms of Use shall state the terms and conditions of providing the Services for the Users by the Service Provider, as well as the rights and obligations of Users and Service Provider, including the complaint procedure.
  2. The governing law for liabilities resulting from the Agreement and Terms of Service shall be the Polish law. The Agreements related to the provision of Services shall be concluded in the Polish or English language, depending on the Platform language version chosen by the User.
  3. The Service Provider shall provide these Terms of Service to the User free of charge on the Platform prior to the conclusion of the Agreement, as well as – upon his/her request – in a way which enables obtaining, copying and recording the content of the Terms of Service by means of a teleinformatic system used by the User.
  4. Any person willing to use the Platform shall be obliged to become acquainted with these Terms of Service first.
  5. The Service Provider shall not place on the Platform any offers filed in an electronic form within the meaning of the provisions of the Civil Code. In particular, the provisions pertaining to filing an offer in an electronic form shall not apply in this regard.
  6. In order to enjoy all functionalities of the Platform, the User shall satisfy the following minimum technical requirements:
    1. a device with the Internet access which enables a correct display of the Platform interface,
    2. an installed and updated version of the Internet browser: Internet Explorer (9 and higher), Chrome (30 and higher), FireFox (34 and higher), Opera (12 and 30 and higher), Safari (4 and higher);
    3. an active e-mail account;
    4. enabled Cookies and JavaScript support;
  7. The Users shall not be not allowed to provide content of unlawful nature.

 

  1. GENERAL TERMS AND CONDITIONS OF PROVISION OF SERVICES

 

  1. The Service Provider shall provide the following free-of-charge Services to the Users: interactive forms available on Platform websites, operating the Account, reviewing Vendors’ services, Newsletter, software browser within the  Platform, rating software, software rank and Users rank. Chargeable Services shall be provided to Vendors and shall be governed by the Vendor Terms of Service.
  2. The User may terminate each of the Agreements for provision of free-of-charge Services at any time without providing reasons, in the manner as specified in these General Terms of Service or in specific provisions of the Terms of Service. In particular, the User may resign from the Services rendered by means of interactive forms through refraining from using such Services.
  3. If the Service requires providing data, including personal data, then the Service Provider shall mark the data necessary for performance of the Service and fields which shall be mandatory filled with such data.
  4. The User may not publish any elements of the Platform, as well as materials provided on the Platform, to which he/she does not hold right, without the consent of Service Provider or authorized persons.  The Users shall not have the right to record and copy the Platform on any storage carrier.
  5. The Users may not use the Services, whether directly or indirectly, for commercial purposes, also by publishing advertising, sponsoring or promotional materials, or in any other way derive profits from the Services. If the User wants to enjoy such possibility, then he/she should use the Services as the Vendor.

 

  1. USER ACCOUNT

 

  1. Only Users with the Account may use the Services. Each User may have one Account.
  2. In order to create an Account, the User shall complete the registration process through his/her account on LinkedIn website by means of a log-in plugin. Upon first opening of the Account by the User, the User and the Service Provider shall conclude the Agreement for operating the Account for unlimited period of time. The Account shall be non-transferable.
  3. The User may add and amend his/her data as well as identify and correct mistakes in the data entered in the Account settings. The User shall be obliged to keep the data presented in the Account up-to-date and accurate. In the case of their subsequent change, the User should immediately update them using a relevant Account edition form.
  4. User’s data shall be processed in accordance with the Privacy Policy. Providing the data shall be voluntary. Each User shall have the right to access his/her data and correct them. Detailed rights of the User shall be provided for in the Privacy Policy.
  5. The User may terminate the Agreement for operating the Account at any time without providing reasons, through submitting relevant declaration of will to the Service Provider, (also via e-mail, provided that it is the e-mail address at which the Account has been registered) or submitting his/her Account for cancellation. Termination shall become effective upon receipt of such declaration by the Service Provider.
  6. Any infringement of the provisions of the Terms of Service by the User may entail, at the Service Provider’s sole discretion, the following:
    1. Service Provider’s warning addressed at the User,
    2. blocking the access to the Account,
    3. deleting the Content,
    4. deleting the Account along with all Content provided within its frame,
    5. preventing the User to establish an Account again.
  7. The foregoing shall be applicable also in the case of the Service Provider’s receiving a reliable advise or an official notice on a wrongful nature of the Account or the Content.
  8. The Service Provider shall notify the User on deletion of the Account in an e-mail sent to his/her e-mail address indicated at the registration, providing the reason for such termination of the Agreement.

 

  1. PROFILE

 

  1. When creating the Profile, the User shall:
    1. authorises disseminating the image provided to the Platform for the purpose of providing the Services by the Service Provider and of using the Platform functionalities;
    2. agrees on removing the Content which violates these Terms of Service, Platform quality policy and idea, is contrary to good mores, or propagates types of behaviour which are detrimental to health.
  2. It shall be prohibited to created Profiles:
    1. which are independent from User’s identity, in particular it shall be prohibited to create fictitious or false Profiles;
    2. used to send spam/unsolicited commercial information;
    3. of erotic character;
    4. for research activity only, in particular that which consists in carrying out analyses or public opinion polls.

 

  1. CONTENT

 

  1. By uploading the Content to the Platform, the User declares that he/she is its author or at least is entitled to use it and provide it to the Service Provider.
  2. The User may not publish on the Platform Content which:
    1. infringes personal rights or  interests of third parties,
    2. contains threats, incites aggression or contains elements of unlawful violence,
    3. constitutes materials which may be used for unlawful, misleading, malicious or discriminating purposes,
    4. is not suitable for persons of the age under 18,
    5. evidently contradicts the rules of social co-existence or common moral and social norms or rules of netiquette.
    6. contains vulgarisms and phrases which may in any way violate someone’s dignity,
    7. promotes websites which belong to neither the Service Provider nor any of the Vendors.
  3. Actions within the frames of the rating and review system which may result in artificial overstating or understating Vendors reliability shall be prohibited.
  4. Upon sharing the Content on the Platform, the User shall grant to the Service Provider a non-exclusive, free-of-charge license, with the right to grant further licenses, without any limitations as to the territory and time, to use and dispose of (which shall in particular consist in public performance, exhibition, as well as making the Content available in a way enabling anyone to access it where and when they see fit) the entire Content or a part of it in the scope necessary for provision and dissemination of Services, in this development of derivative works on its basis.
  5. The above license may be terminated with immediate effect upon deletion of the Content to which it refers.

 

  1. NEWSLETTER

 

  1. The Service Provider shall provide the Newsletter subscription service free of charge for the Users who give their voluntary consent to this.
  2. In order to subscribe for the Newsletter, the User shall order the subscription by means of the form available on the Platform and by providing his/her e-mail address.
  3. Upon activation of the button confirming the ordering of the Service, the Service Provider and User conclude the agreement for provision of Newsletter service for an unlimited period of time.
  4. The User may at any time terminate the agreement for provision of the Newsletter service by deactivating his/her subscription. Resignation from the Newsletter shall be executed through a relevant link provided in the footnote of each message sent under the Newsletter service or through change of relevant settings of the Account.
  5. The consent concerning the receipt of commercial information by electronic means sent by the Service Provider shall be voluntary and the User may cancel it at any time.

 

  1. LIABILITY

 

  1. The Service Provider shall provide teleinformatic infrastructure and ensure its smooth technical operation, what shall constitute the scope of its liability for the Platform and Services.
  2. The Service Provider shall not be held liable for any damage resulting from:
    1. infringement by the User of the provisions of these Terms of Service,
    2. intentional disclosure by the User of the username or password for his/her Account to any third person,
    3. the Content presented on the Platform, in particular opinions or reviews and Users actions following reviews or software rating,
    4. quality of Vendors’ services,
    5. removal of the Account or the Content by the Service Provider for reasons attributable to the User,

- unless such damage results from intentional action of the Service Provider.

  1. The Service Provider shall not verify reviews and opinions shared by the Users on the Platform and shall not be held liable for their content.
  2. The Service Provider shall not verify Vendors. The User shall use a link to Vendor’s website at his/her own risk.

 

  1. REPORTING INFRINGEMENTS AND COMPLAINTS

 

  1. The User who has noticed data of unlawful nature, in particular infringing copyrights, shared on the Platform should immediately notify the Service Provider on such fact at the e-mail address contact@saasgenius.com. If the Service Provider receives reliable information on unlawful nature of data or activity related to them, then the Service Provider shall immediately prevent access to such data, but first shall notify the User who has placed such data on the Platform on its intent to prevent the access to them.
  2. In such cases, the Service Provider shall not be held liable against the User for any damage resulting from preventing the access to such data.
  3. The User shall have the right to file a complaint concerning operation of the Platform. The complaint should include at least details enabling identification of the User (first and last name, address for correspondence, optionally telephone number) and state reservations and comments concerning the Platform or the Services. The complaint shall be sent at the e-mail address contact@saasgenius.com or at the address of the registered office of the Service Provider as stated at the beginning. If the complaint needs to be complemented, then the Service Provider shall request the complaining person to make the complaint more specific.
  4. The Service Provider shall take a stance towards the complaint within 14 (fourteen) days from the receipt of such complaint if it had been filed correctly. The User shall receive a response at the address, from which the complaint has been sent, or at the address stated in the complaint notification form.

 

  1. AMENDMENT TO THE TERMS OF SERVICE

 

  1. The Service Provider may amend these Terms of Service due to material reasons, whether legal (change of generally applicable law or change of organizational form of the Service Provider) or technical (modernization of the Platform or Services).
  2. The Users shall be notified on any change to these Terms of Service, as well as the reason of such amendment
    by an e-mail sent at the address stated by creating the Account 14 (fourteen) days before the new Terms of Service come into effect, and by a message, which shall be displayed on the homepage of the Platform 14 (fourteen) days before they come into effect.
  3. The User shall accept anew or refuse to accept the provisions of the Terms of Service.

 

  1. FINAL PROVISIONS

 

  1. Should any discrepancies between the English version of these Terms of Service and any their translation occur, then the Polish version of this Agreement shall be legally binding.
  2. Any disputes arising out of the concluded Agreements or User’s using the Website shall be subject to the Polish law and Polish common courts with the local jurisdiction over the registered office of the Service Provider.
  3. The Service Provider may transfer all or a part of rights and obligations resulting from the Terms of Service to a third person or entrust a third person with enforcement of those rights and obligations.
  4. To any matters not specified in these Terms of Service, relevant provisions of the generally applicable law, in particular of the Act of 23 April 1964 – the Polish Civil Code, and with regard to Vendors – Vendor Terms of Service, shall apply.

 

These Terms of Service shall be effective as of: 01/06/2016.