I. GENERAL PROVISIONS
We introduce these Terms & Conditions in accordance with the provisions of art. 8 sec. 1 of the Act on electronic services.
The Terms & Conditions shall specify:
The scope and types of services provided on the Website,
Website operation rules
Rules for the use of the Services made available on the Website,
Rights and obligations of the Operator and Users,
Rules for the protection of Users’ personal data.
The Terms & Conditions are made available free of charge before the Agreement for the provision of services on the Website is concluded between the User and the Operator. Terms & Conditions can be downloaded, saved, and the Operator guarantees its full availability.
Provisions of the Terms & Conditions that have not been made available to Users in the way specified in scetion 3 above are not binding.
The User is required to:
Become acquainted with the Terms & Conditions before using the Services
Accept the Terms & Conditions at the latest when the Registration Form is completed,
Observe the provisions of the Terms & Conditions while using the Services.
The User who has not read the Terms & Conditions and has not accepted its content, may not use the Services available on the site.
II. WHAT DOES THE TERMS USED IN TERMS & CONDITIONS MEAN?
The terms we use in the Terms & Conditions have the following meanings:
Email address — designation of the data communications system that enables communication by means of electronic communication, in particular electronic mail (e‑mail);
Registration Form — an element of the Website that allows the User to provide necessary data to set up an Account on the Website;
Account — the User’s profile, used to use the functionalities made available on the Website and storage of resources and files belonging to the User;
Operator – the entity who is the owner of the Website and manage the Website, which means IDivine Limited liability company with its registerred office at, Bohdana Zaleskiego 1 street, 31–525 Cracow, entered into register of entrepreneurs of National Court Register under the number: 0000650206, TIN: 5732873109 statistical number (REGON): 365995833, share capital: 5.000 PLN;
Terms & Conditions – these Terms & Conditions of Dizply.com website.
Registration — creating an Account on the Website by completing the Registration Form and accepting the Terms & Conditions;
Role — a function assigned to the User’s account, specifying the possibilities of accessing to content on other accounts of Users, connected with this account. An account can be assigned one of 4 roles:
Owner - A User who, after using the trial version, has purchased a license to use the Website, has access to all data deposited on the User Account and related accounts and can freely manage them, including adding and defining the rights of other Users.
Administrator - a User who does not have the rights to manage the purchased license, but has the rights to manage content on the User’s Account and its accounts, as well as to add and define Users’ rights,
Manager - A User who has access to campaigns and materials created independently or to whom he has been granted access, as well as has the authority to create and manage tasks.
User - User who has access only to content that has been made available to him or which he observes on the Website without the possibility of creating tasks for other Users.
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),
The Website — a website managed and operated by the Operator, located at the address “dizply.com”, as well as other relevant Internet addresses under which the Operator operates the Website.
Providing the service by electronic means or providing the Service — performing the Service, by sending and receiving data using IT systems, at the individual request of the User, without the simultaneous presence of the parties, the data being transmitted using public networks within the meaning of the Telecommunications Act;
Services — a service or services provided by the Operator via the Website, enabling Users to use the User Account, save projects created, manage projects and work time, make projects and parts thereof available to other Users, as well as a newsletter and a contact form in accordance with these Terms & Conditions;
Act – The Act on 18th of July 2002 on the provision of electronic services.
User — a natural person, legal person or organizational unit without legal personality, which uses the Services provided by the Operator on the Website and has registered through the Registration Form or has been added by the User who has been assigned the Role enabling to create new User Accounts.
III. WHAT SERVICES WE PROVIDE?
Through the Website, the User may use the following Services:
User Account through which the User gains access to the Website and its available functionalities for managing projects, assigning tasks, creating task lists, storing files and creating the User, generating links to User’s work, settling work time, supervising the work of Users included in the project.
Newsletter, i.e. a service provided electronically, which consists in free, periodic emails sent to User’s email address provided by him and containing commercial and marketing information about the Operator’s offer, operation of the Website and the tools made available therein.
Contact form, i.e. a service provided electronically, which is recommended to free access to the Users of the Operator to obtain information about the Operator’s operations, its offer, availability and scope of services provided by the Operator as part of its business.
All content provided on the Website is the exclusively property of the Operator. Copy of this content for commercial purposes without prior written consent of the Operator is forbidden.
IV. HOW YOU CAN USE OUR SERVICES?
If the user wants to use the services available on the Website, you should have:
Access to a computer or other terminal device (smartphone, etc.) that allows you to use the Internet,
Using a web browser that allows you to display a website and support for “cookies” and similar technologies,
Have an email address.
When using the Services, the User is obliged to use the Services in the following way:
Use the Services in accordance with the law, morality and the Terms & Conditions,
Not to use the Services in a manner that violates or could affect the Operator’s or third parties’ personal rights,
Not to publish or transmit content that may be offensive, against the law or may infringe copyright or the image of third parties,
Not to use the Services to publish commercials and commercial information that constitute unsolicited commercial information, as well as not to distribute commercial information other than projects carried out by Users using the Website,
Do not take any actions that may result in difficulties or disruptions in the operation of the Website.
The Operator may refuse to provide the Services available on the Website if:
the User is in breach of the generally applicable laws,
the User violates the provisions of the Terms & Conditions,
during registration, the User will provide incorrect or untrue data that is necessary for the Operator to provide the Services correctly,
The User undertakes activities that disrupt the use of the Website or individual Services for other Users.
The Operator may stop providing the Services temporarily or permanently due to the maintenance or modification of the Website.
The User has the right to resign from the Services provided via the Website at any time. In such a case, the Operator shall delete the User’s personal data without delay, no later than within 3 working days from the moment of resignation. The operator informs the user about the deletion of data via e‑mail.
V. HOW DO WE CONCLUDE THE AGREEMENT?
Using the Services available on the Website requires the creation of User’s Account.
The contract for the provision of Services is concluded for an indefinite period of time, and the Terms & Conditions constitutes its integral part. The Operator provides Services for a fee, in accordance with the provisions of Part IX of the Terms & Conditions.
The User may use the 14-day free trial access to the Website.
In order to obtain the testing access to the Service and conclude a contract for the provision of Services, the User must complete a Terms & Conditions Form, made available on the Website in the ” Register” tab and provide the following data:
Account password — which the user is required to determine on their own.
After completing the Registration Form with the User’s personal data, it is necessary to:
By completing the Registration Form, the User can write to subscribe to the Newsletter. For this purpose, the User should check the box regarding the subscription to the newsletter and consent to the transmission of commercial information by electronic means by the Operator by submitting a declaration with the following wording: ” I agree to receive from iDivine ltd commercial information to the e‑mail address provided above “.
By completing the Registration Form and registering on the Website, the User declares that:
The data provided in the Registration Form is complete, true and does not violate the rights of third parties,
The User is an adult and may enter into a contract for the provision of electronic services,
The User accepts the fact that he is obliged to have an active email address.
After registration, the Operator sends to the User’s email address the link to the Account, which allows for the first login. User’s email address is the name of the account and at the same time the User’s Login.
After 14 days of free trail access, the User shall receive an email from the Operator, informing about the end of the period of free trial access and the possibility of using paid access to the Website. In the event that the User is willing to continue using the Website, he is obliged to change the plan to a paid plan and to supplement billing data in the User’s Account. In the event that the User is an entrepreneur — it is also necessary to provide the business activity data, i.e. TIN number, business address, which should be entered by the User into his Account after changing the plan of using the Website.
Operator shall sent to the User correspondence regarding the Services used by the User on the Website to the email address provided by the User. In case of any change of the email address, the User is obliged to update the data in the User’s Account.
The login details are confidential data. The User is obliged not to disclose these data to third parties. In the event of disclosure of login details, the User bears sole responsibility for all damage resulting therefrom.
If the name of the user account is contrary to law, morality, third party rights or violates the interests of the Operator, the Operator may refuse to open an Account, block or delete it.
The User may resign from using the Account at any time. In such a case, the User should send to the Operator a statement on resignation from the Service at the email address: firstname.lastname@example.org. The message should be sent from the email address that was indicated during the registration of the Account.
The contract for the provision of the Service of the User’s Account, as well as related accounts, is concluded for an indefinite period. The User may terminate the contract at any time on the terms set out in point X below. The minimum period of using the Account is one month.
As a result of concluding the agreement, the User gains access to the Website and a dedicated space on the Operator’s server with parameters depending on the selected access option indicated in the Price List, within which he can save and present designs and files created by him, subject to payment in accordance with point X below.
The User may have several agreements at a given moment, however, for each Account a separate fee is charged in accordance with the option chosen by the User.
Access to the User’s Account may be difficult or impossible in the event of a failure on the part of the Operator, i.e. regarding the environment or IT infrastructure, the causes of which are independent of the Operator and which he could not prevent. In the event of such a failure, the Operator will make all possible efforts so that the User can recover full functionality of the Account as soon as possible.
Access to the Account may also be temporarily limited due to maintenance and development related to the Website. In this case, the maintenance activities will be carried out in such a way as to minimize the functioning of the Website.
VI. SERVICES AND USE THEREOF
Within the Website, Users can use their Account to create and manage projects, save files and generate links to their completed works with the possibility of making them available to third parties, as well as calculate the working time. As part of the User’s Account, the Website also allows User to supervise the work of the User’s subcontractors and to set up a list of tasks for them.
Using the Account after the lapse of 14 days of a free trial subscription is payable, and the fee for using the Account is billed monthly in accordance with point. X of these Terms & Conditions.
The Operator respects the privacy and confidentiality of projects implemented by Users. For this reason, any data owned by Users is not made available to any third party, unless the User requests it or the necessity of disclosing it shall result from the law, court ruling or decision of another authority competent in the case.
The User’s account may be linked to the accounts of other Users as part of the project. In such a case, the account of the User who has been assigned the Role of Owner or Administrator may receive wider authorizations, including viewing the status of Users’ accounts indicated as project participants in the scope of this project implementation and setting up a list of tasks and monitoring their implementation.
In the event of deletion of the User’s Account of User who has been assigned the Role Owner or Administrator, all data related to the implemented project will be deleted. In such a situation, all generated links to designed works are deactivated in the moment of deactivation of the User’s Account by the Website service.
The User may enter into the Website any data regarding the project being implemented, including graphics, video files, and other files that are necessary for the implementation of the project. The User may share files stored on the Website with other Users, as well as store files with prepared elements of the project.
The rights of the person to whom the link to the materials available on the Website is sent, depend on the Role assigned to its User Account. In the case of sending a link to a person who does not have a User Account, this person will only be able to preview the shared materials.
Each User to whom the project or data of another User has been made available, may use the shared content until the Account that was assigned the Owner Role from which the data has been shared has been deleted or suspended. In addition, the shared data may be deleted at any time by the User with the assigned Role of Owner, Administrator or Manager who introduced them to the Website.
The User is responsible for the lawfulness of the content provided on the Website, in particular for the fact that these contents do not violate the rights of third parties, copyrights and licenses of third parties and do not violate the personal rights of third parties and that he has received all necessary consents and permits to use this content each time it is provided. The Operator is not responsible for the violation of third party rights by the User, caused by sharing of content and files on the Website to which the User does not have the appropriate permissions.
The User is obliged to immediately inform the Operator about any unauthorized access in his Account to data made available by the User on the Website.
If the User does not use the Account, which was founded under Free plan, for 2 months period, counted from the date of the last login to The Website, The Operator can remove the account and all information stored on it belonging to the User. Before deleting the Account, The Operator shall inform the User about lack of login via email sent to the email address entered by the User during Registration and the ability to maintain the account by logging in to it, as well as the consequences of the User’s failure to log in within the period specified in the email. If the User does not use the Account for the period indicated in previous sentence, may lose the ability to access to content stored with the Account.
Users can use the Newsletter. The Newsletter service consists of free e‑mail messages periodically sent by the Operator to the e‑mail address provided by the User, which has been indicated in the field of subscription.
Service of Newsletter if provided free of charge for indefinite period of time.
The contract for the provision of the Newsletter service is concluded when the User clicks the “Sing Up” button available on the Website subpage that includes the subscription form. Previously, the User is required to complete the subscription form, which is located at the top of the main page of the Website and provide it with:
User’s e‑mail address,
Tick the selection button regarding consent to receive commercial information.
The activities listed in paragraph 3, performed by User, are synonymous with the fact that the User:
agrees to provide the Service electronically, i.e. sending messages to the User regarding the activities of the Operator and the Website and commercial information to the e‑mail address provided during the registration,
Agrees to the processing of personal data by the Operator on the principles provided for in the GDPR.
Cancellation of the service is possible at any time. If the User wants to resign from the Newsletter service subscription, he should use the link sent in each email containing the Newsletter or send a declaration from the e‑mail address provided on the subscription form to the Operator’s address: email@example.com.
The Operator reserves the right to stop providing the Newsletter service at any time. In this case, personal data collected by the Operator in order to send the Newsletter will be immediately deleted.
VIII. CONTACT FORM
To contact the Operator, the User shall use the Contact Form. The contract for the provision of the Contact Form service is concluded for a definite period of time. The contract is free of charge and it is terminated upon reply to a message left by the User in the Contact Form.
The Contact Form has been made available to Users in the “Contact Us” tab on the main page of the Website in the upper part.
The contract for the provision of the Contact Form service is concluded when the User clicks the “Send Message” button.
The User is required to take the following actions to conclude the contract for the provision of the Contact Form service:
File out the fields of the Contact Form by providing the User’s name and e‑mail address and providing the content of the message,
Selecting the selection button regarding the consent to receive commercial information.
Performing the activities referred to in paragraph 4 above, is tantamount in particular to:
expressing consent by the User for the provision of the Contact Form service by electronic means by the Operator,
expressing consent by the User to the processing of his personal data by the Operator within the meaning of art. 4 points 11 GDPR to provide the Contact Form service in accordance with the rules provided for in the GDPR, in particular in art. 7 GDPR.
The User may resign from the Contact Form until they receive a response to the submitted inquiry.
The resignation of the Contact Form service referred to in para. 6 above, consists in sending from the electronic address (e‑mail), which was submitted in the contact form, a statement to the Operator about the resignation of the Contact Form service to the e‑mail address (email): firstname.lastname@example.org.
The Operator reserves the right to cease providing the Contact Form service at any time.
In the case referred to in paragraph 8 above, the Operator the Operator is strictly required to remove all of User’s personal information collected in order to provide the Contact Form.
IX. INTELLECTUAL PROPERTY RIGHTS
All content and data, including design and other files containing information from the User, provided into the Website are the sole property of the User.
The User, who provides his data and files to other Users, at the same time decides about the possibility of granting a license to use the data for the time they have been made available and about the scope of license.
The Operator does not obtain copyrights or any other property rights to these contents, subject to the content of sec. 4 below in connection with the placement of data, files or other content on the Website by the User.
By placing data, files or content on the Website, the User grants to the Operator a non-exclusive, free and territorially unlimited license, under which the Operator is authorized to analyze the content and files provided by Users to provide the necessary technical assistance, develop the Website and improve the level of provided services.
Under the granted license, content belonging to Users is not made available to any third parties.
The Operator does not use continuous monitoring of content and data placed by Users on the Website, however, if the data or content violates the law or contains content that violates the rights or personal rights of third parties, the Operator may delete such content from the site.
X. FEES AND PAYMENT CONDITIONS
The use of the Website, except for the Services, which have been determined as free of charge, is subject to fees in accordance to the Price List for Services.
The fees indicated in the Price List for Services are payable monthly in advance from the date of activation of the User Account.
Payments for Services may be settled only by credit card through the http://chargebee.com platform for the payment by payment cards or credit cards, operated by Chargebee Inc. with its registered office in Walnut, California 91789, 340 S Lemon Ave # 1537, United States of America.
The service http://chargebee.com automatically generates invoices, which are then sent to the email address provided by the User.
The date of payment is the date of crediting the Operator’s bank account with the transfer amount.
If the User does not pay the payment for a given calendar month of using the Website on the date indicated by the Operator, the Operator will notify the User of this fact. In addition, in such a case the Operator may refuse to provide further Services to the User, who shall be informed about this fact via e‑mail. If the payment is not made within 7 days from the date of receipt of the notification, the User’s account will be suspended.
XI. TERMINATION AND WITHDRAWAL FROM THE CONTRACT
The contract for the provision of services may be terminated by either party upon one month’s notice.
In any event, the User may also use the option of deleting the User Account, available at the User’s request, which should be addressed to the Operator at the following address: email@example.com, who deactivates the Account and deletes all data and content provided by the User.
The Operator may terminate the contract for the provision of Services without prior notice, including delete the User Account in the following situations:
If the User’s Account remains unpaid for the last 3 months,
When the User has deleted the e‑mail address which is used to contact the Operator regarding the settlement of fees for using the Website and did not provide another e‑mail address, or if the User’s e‑mail box is overcrowded for at least 30 days, and the Operator receives recurring messages about its overflow.
When the User violates the provisions of the Terms & Conditions,
When the User places on the Website content and data which is unlawful or violates the rights of third parties or violates the personal rights of third parties, or when the data or content infringes the essential interests of the Operator,
When the User uses the Service inconsistent with its intended use.
In the event of failure to pay the first monthly fee for using the Account within 14 days of its activation.
In the event of termination of the contract for the provision of Services by the Operator, the Operator shall inform the User about termination without delay, no later than within 7 days from the moment the circumstances, which allows the Operator to submit such statement, have become apparent, as far as providing the information to User is technically possible.
If the User whose account has been deleted due to violation of the Terms & Conditions or due to other accidents allowing the Operator to terminate the contract for the provision of Services without notice, re-establishes an Account on the Website, the Operator is entitled to refuse to provide the Services.
The User who is a consumer within the meaning of art. 22 1 of the Polish Civil Code, and therefore uses the Website for purposes not directly related to business or professional activity and the contract has been concluded at a distance off the business premises has the right to withdraw from the contract.
The User who is a consumer may withdraw from the contract for the provision of the Service within 14 days from the conclusion of the contract. In the event that the User wants to use the Website immediately, he should submit a statement on resignation from the right to withdraw from the contract.
The declaration on withdrawal from the contract may be submitted by the User through the withdrawal form or by sending to the Operator an email containing a statement on withdrawal from the contract, the specimen of which is attached as Appendix 1 to the Terms & Conditions.
XII. PROCESSING OF PERSONAL DATA
The Operator processes User’s personal data in accordance with the Act and the GDPR.
The Operator is the controller of personal data that Users have made available to him using the Website.
In order to use the Services provided on the Website, it is necessary for the User to provide personal data indicated in the Registration Form or Subscription Form of the Newsletter.
Users’ personal data are processed in order to create a User Account and conclude an agreement for the provision of Services and the correct provision of these Services.
XIII. WARNING FOR THE RISK OF USING THE SERVICES
Internet is a public network, therefore the use of the Services available on the Website may involve standard risk. By agreeing to the use of the Terms & Conditions, the User also declares to accept this risk.
Due to the risks associated with using the Internet, the Operator does not guarantee full security of using the Website. The Operator recommends that Users use the protection measures of the equipment used to use the Website, including the use of passwords and other access control mechanisms, the installation of antivirus software, operating system updates, and the use of only secured wi-fi networks.
The Operator ensures and undertakes that its IT system enables the use of the Services in a manner that prevents unauthorized access to their content, including content entered and stored on the Website by Users.
The operator is not responsible for:
Breaks in access to services that have been caused by necessary repairs and administrative changes,
Disruptions in Internet operation, interruptions in its delivery and interruptions in access to the Services caused by force majeure,
Discontinuation of the Services to Users who have violated the Terms & Conditions,
Damages which have been caused to third parties and which result from the Users using the Services contrary to the Terms & Conditions and the provisions of generally applicable law.
The Operator shall not be liable for the consequences resulting from providing by the User data that is untrue, incorrect or incomplete, as well as for the consequences of providing by the User third parties data without their consent or knowledge. In such case, the User bears full responsibility for the consequences of his actions.
If the Operator maintains an official notification of the unlawful nature of stored data provided by the User together with a commitment to prevent access to them, the Operator shall not be liable to the User for damages arising due to the impossibility of access to such data.
Both the Operator and the User who have concluded a contract, an integral part of which is the Terms & Conditions, are obliged to repair the other side of the damage that arose due to non-performance or improper performance of obligations under the Terms & Conditions. An exception to this rule are situations in which non-performance or improper performance of duties is the result of circumstances for which neither party is responsible.
If the User is not satisfied with the Services provided, he may file a complaint. In the complaint, the User should indicate:
User’s email address,
Description of the problem being the basis of complaint.
Complaints in which the information indicated in paragraph 1 above, will not be considered by the Operator.
Complaints shall be sent in writing to the Operator’s address, i.e. ul. Bohdana Zaleskiego 1, 31–525 Kraków or by e‑mail to the following address: firstname.lastname@example.org .
The Operator considers complaints within 14 days from the date of receipt. The operator may ask the User to provide additional information necessary to consider the complaint. In such case, the complaint will be reviewed no later than 14 days after receiving additional information from the User. In case of lack of sending the additional information, the Operator is entitled to leave the complaint unanswered.
Failure to respond to a complaint within 30 days is tantamount to its recognition, subject to sec. 4 above.
The Operator immediately notifies the User of the decision on the User’s complaint by sending an e‑mail to the e‑mail address provided in the complaint.
The User, who is a consumer, may also use the out-of-court dispute resolution option via electronic means via the ODR internet platform of the European Union, which allows lodging complaints and claims related to the Agreement concluded with the User. The platform is available at: https://ec.europa.eu/consumers/odr/ .
XVI. FINAL PROVISIONS
For important reasons the Operator is entitled to unilaterally amend the Terms & Conditions, especially when the provisions of the generally applicable law change and this has an impact on the provisions of the Terms & Conditions.
The Operator informs Users about each change to the Terms & Conditions via the User’s Account within the Website and e‑mails sent to the Users’ e‑mail addresses. Each amendment to the Terms & Conditions applies to contracts already in force, but only if the User, after informing about the change in the Terms & Conditions, will not exercise his right to withdraw from the contract for the provision of electronic services.
In matters not regulated in the Terms & Conditions, the relevant provisions of applicable law shall apply, including the provisions of the GDPR.
All disputes that have arisen or may arise in connection with the Terms & Conditions shall be considered by the court having jurisdiction over the seat of the Operator.
Terms & Conditions come into force on 01/08/19.
Appendix No. 1 – Withdrawal Form
TO: iDivine ltd with its registerred office at Cracow, Bohdana Zaleskiego 1 street, 31–525 Cracow, entered into register of entrepreneurs of National Court Register under the number: 0000650206, TIN: 5732873109 statistical number (REGON): 365995833, share capital: 5.000 PLN;
FROM: (User’s name and address)
I hereby inform about the withdrawal from the contract for the provision of services by electronic delivery — access to the Dizply.com Website and use of the Website.
Date of conclusion of the contract (date of registration of the User’s Account): _
Date of submitting the declaration: __
The instruction on the right to withdraw from the contract:
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the date of contract conclusion.
To exercise your right to withdraw from the contract, you must inform us of your decision to withdraw from this contract by way of an unambiguous statement sent to the email address email@example.com or in writing to ul. Bohdan Zaleskiego 1, 31–525 Kraków, or via the withdrawal form available on the Dizply.com Website.
You can use the withdrawal form, but it is not mandatory. You can also fill out and send the withdrawal form or any other unambiguous statement electronically on our website dizply.com. If you use this option, we will send you a confirmation of receipt of information about withdrawal from the contract on a durable medium (e‑mail, for example).
To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Effects of withdrawal from the contract
In the event of withdrawal from this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us), promptly and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract.
We will make a refund using the same payment methods that you used in the original transaction, unless you have explicitly agreed otherwise. in any case, you will not incur any fees in connection with this return.
If you wish us to start providing services before the deadline for withdrawing from the contract, you must submit a statement of withdrawal from the right to withdraw from the contract.