Terms of Service Provided Electronically by Simplito sp. z o.o.
Effective as of 26th of June 2024
§ 1 Introduction
These Terms of Service set forth the principles of using online services that we (as a Service Provider) provide to you as our Client. In these Terms of Service, we indicate what are the rights and obligations of the Parties, that is, you and us, which are in turn related to the use of the Services. The Terms of Service constitute a binding agreement between the Service Provider and the Client, which means that both we and you are obligated to abide by its provisions.
§ 2 Definitions
Some terms used in these Terms of Service are of particular importance. Therefore, we have decided to define them. Below is an explanation of how to understand important terms that appear in the following section of these Terms of Service:
- Service Provider (or “us”, or “we”) – Simplito sp. z o.o. with its registered office in Toruń, Republic of Poland, address: Grudziądzka 1-3, 87-100 Toruń, entered into the Registry of Entrepreneurs of National Court Registry by the District Court in Toruń, VIIth Commercial Division of National Court Registry under the KRS No.: 0000305883, NIP: 9562217643, REGON: 340400555, share capital: PLN 240.663,50,
- Terms of Service – this document,
- Client (or “you”) – a person who accepts these Terms of Service and uses the Services. The Client may be a natural person, a legal person or an organizational unit without legal personality which has legal capacity,
- Party – the Service Provider (us) or the Client (you),
- Account – is a set of functionalities that allow you to log in to our website so that you can use our Services,
6. User – any person who uses the Services. The term “User” includes, in particular, the Client and persons who act on the Client's behalf, such as employees, representatives, or associates. This includes, in particular, persons for whom you (as a Client) have created Accounts within the Services,
7. Services – services provided electronically by us to you, as well as to your Users. The detailed scope of the Services is determined by the contents of these Terms of Service and the established Subscription
8. Software – software created by us, including server, desktop, or mobile software that we distribute under separate licensing provisions. With this software, you can use some of our Services,
9. Infrastructure – a set of technical solutions that we use to ensure the proper operation of the Services. This includes, in particular, a dedicated part of our servers (or servers or cloud services provided by vendors whose services we use) where you can store and synchronize your data,
10. Remuneration – the amount due to us in exchange for the provision of the Services in accordance with the terms chosen by you, determined in accordance with the provisions of these Terms of Service, in particular depending on the selected Subscription
11. Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing business activity on its own behalf and not being a Consumer, who uses the Services,
12. Individual Entrepreneur – an individual who enters into a agreement directly related to his or her business activity, if the content of the agreement shows that it does not have a professional character for them, arising in particular from the subject of their business activity, made publicly available on basis of regulations regarding the Central Register and Information on Business Activity,
13. Subscription – a set of rules regarding the details of our provision of the Services to Clients, including in particular the price, the duration of the Billing Period and the detailed terms of the Service. The terms of the Subscription may take form of a list of detailed information on provided Services, which are published on our website, or agreed upon in individual arrangements between us and you,
14. Detailed Terms – additional regulations, relating to some of our Services, that are part of the agreement between us and the entity that uses the Services to which they apply,
15. 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),
16. Billing Period - a specified period of time within which Simplito provides the Services in accordance with the selected Subscription,
17. Parties – we and you (Client)
18. Consumer – a natural person, which uses the Services in connection with their personal or household activities, not in connection with business or entrepreneurial activities.
## § 3 General provisions
1. These Terms of Service constitute an agreement for the provision of services by electronic means between you and us, the object of which is the provision of Services to you.
2. The agreement shall be concluded in accordance with Polish law and these Terms of Service unless mandatory provisions of law establish a different jurisdiction.
3. Acceptance of the Terms of Service occurs when you create an Account within our Services. Alternatively, acceptance of the Terms of Service may also occur in connection with the commencement of the Services without the creation of an Account, including, in particular, in connection with the use of either the Free Services or the Trial Services - including in connection with the commencement of the Services based on individual arrangements between us and you.
4. The Client and the User are obliged to comply with the provisions of the Terms of Service.
5. Some of our Services may also be governed by other documents that regulated how we provide such Services (Detailed Terms). In such case, we indicate within the Detailed Terms exactly which Services they apply to. The Detailed Terms specify the rights and obligations of the Parties related to the use of the Services to which they apply. To the extent not covered by the content of the Detailed Terms, the provisions of these Terms of Service shall apply. In case of any contradiction between the content of the Detailed Terms and the content of these Terms of Service, the content of the Detailed Terms shall prevail. The Detailed Terms are part of the agreement between us and you to the extent you use the Services to which such Detailed Terms apply.
6. In the event that the content of these Terms of Service or the Detailed Terms in any way contradicts the content of the individual arrangements made between us and you (the Client), made at least in documentary form, especially in the form of an e-mail or in the form of a written document, the individual agreements of the Parties shall take precedence.
7. If you have any questions, comments or would like to raise any other issues, related to the Services or the contents of the Terms of Service, you can write to us at: contact@simplito.com. Alternatively, you may write to us at: Simplito sp. z o.o., 1-3 Grudziądzka, 87-100 Toruń, Poland. Notwithstanding the above, we may publish information on our website about other means of communication between us and our clients, users or third parties.
8. We may carry out activities meant to verify whether the data provided by you as an Entrepreneur are correct, in particular by comparing the data provided in the process of registering an Account or as provided within the Service with data publicly available in the business registers that operate in your country of origin.
9. This document uses the term “Client” and “User”. Some of the rights and obligations indicated in the Terms of Service apply only to the Client, i.e., the person or entity that decides to start using the Services – such as a company that decides to implement the Services in its organization. A User, on the other hand, is a person, such as an employee or contractor of the Client, who uses the Services on behalf of an organization of which they are a member. Some of the provisions of these Terms of Service, relating to technical requirements, liability and illegal activities, rights of Clients and Users, copyrights, or rules for creating an Account within the Services, also apply to Users.
10. Since, as a Client, you may create User Accounts within the Services for the benefit of your employees, associates, and other persons with whom you communicate, you are required to familiarize Users with these Terms of Service, including, in particular, the licensing provisions, liability rules, and User rights and obligations. As a Client, you are responsible for the actions of Users within the Services, including within the Infrastructure as if they were your own.
11. Only a legal person with full legal capacity, or an organizational unit without legal personality with legal capacity, or a natural person who is of full legal age and has full legal capacity and whose rights are not restricted in any way, in accordance with the provisions of applicable law, may enter into an agreement with us. By accepting these Terms of Service, you declare that you are such a person or are acting on behalf of such a person. Impersonating anyone or creating false identification is prohibited.
12. If you are a person acting on behalf of the Client who is a legal entity, you declare that you are fully authorized to act on behalf of the Client and have the right to conclude a contract between the Client and the Service Provider.
13. These Terms of Service apply to those Services that are provided by us and are cloud-based, including, in particular, Services where you may use IT solutions based on our Infrastructure, such as
** software as a service,
** platform as a service,
** infrastructure as a service.
This means that the Services revolve around data transfers between you (or any part of your IT infrastructure) and our Infrastructure. The provisions of these Terms of Service do not apply if you, as a Client or User, use the Software solely on your own IT Infrastructure, without registering an Account or purchasing a Subscription. In such a case, you are still bound by the separate license provisions for the use of the Software.
14. Some of the provisions of these Terms of Service grant additional rights to Consumers or Individual Entrepreneurs. The granting of additional rights in favor of one of these groups does not imply their granting to other groups, including, in particular, Entrepreneurs, who do not have the status of Individual Entrepreneurs.
## § 4 Scope of provided Services
1. The Services we provide include the ability to use various types of IT tools, running in the cloud. The detailed scope of the Services that will be provided to you is determined by you at the time of creating an Account or choosing the terms of your Subscription, indicating what features and capabilities will be available under the Services. Precise information regarding the Services we provide, including their use, features, and limitations, if any, are available within our website.
2. Some of our Services are intended for entities engaged in professional computer software development activities. Accordingly, when using such Services, you may:
* use them to create your own IT solutions, which you then offer to your customers,
* use our prefabricated IT solutions, which are available as part of the Services,
* create your own IT solutions that operate in the cloud model as part of our Services - this includes the ability to create and implement your own source code as part of our Infrastructure, as well as create and maintain databases as part of this Infrastructure.
3. The detailed scope of activities that may be performed in connection with the use of the Services may vary depending on:
* what specific Service you choose and what features it has,
* what Detailed Terms apply to a particular Service,
* what Subscription terms you choose,
* what type of software or device you use,
* what detailed arrangements have been made between us and you.
Additional information regarding the scope of the Services and the capabilities they give are available on our website.
4. The use of the Services is possible through the website provided by us, accessible through a web browser. To use it properly, your device should meet the following technical requirements:
** if the Services are being used on a mobile device, you need a mobile phone with Android OS version not lower than 6.0 or with iOS version not lower than 12.3.1, with updates of operating system installed and security patches installed,
** if the Services are being used via a web browser - a device with a web browser installed, for example Google Chrome, Microsoft Edge, Mozilla Firefox, Opera, in a version no older than one year, with updates installed and cookies enabled,
5. In each of the cases indicated above you also need Internet access – without it, the Services will not work. Moreover, in order to use some Services, you might need a camera and a microphone.
6. Notwithstanding the foregoing, we may enable you to link the Services with IT solutions running on our own server service, including, in particular, through APIs or other technologies that enable communication (including that performed without direct human involvement) between our Services and your IT solution. Detailed technical requirements and conditions for establishing such links are described within the documentation of our Services.
7. In addition, you may use some of our Services by means of Software developed by us. In such case, the Software is covered by separate license provisions, with which you must comply.
8. Take into account that we are in no way responsible for the improper or undesired operation of the Services if you, acting as a Client or User, do not have the appropriate hardware or software that complies with the above provisions. Such a situation shall not be considered a justification for termination of the contract for electronic services.
9. We point out that the information contained on our websites about the possibility of acquiring paid Services, information about them, including, in particular, the amount of the Remuneration or information about the details of the Terms of Service of individual Subscriptions, constitutes only an invitation for you to make an offer. Once we are informed that such an offer has been made (that you have placed an order), we will either confirm acceptance of the offer via an email sent to you or refuse to accept the offer.
10. We reserve the right to change the scope of the Services provided, including introducing new Services to our offer, carrying out and cancelling promotional actions concerning the Services or making changes to them. Changes are not binding with respect to Services ordered by you before the effective date of the change. Changes in the amount of the Remuneration for access to the Services shall become effective upon their publication on our website, unless otherwise stipulated.
11. In each case of a reduction in the amount of Remuneration under a sale/promotion, information on the lowest price of the Service, which was in effect during the 30 days prior to the introduction of the reduction, shall be displayed next to the information on the reduced price.
12. Sales organized by us, relating to our Services, are not cumulative, and selected promotions may exclude the validity of other promotions. Detailed information is provided each time in the Terms of Service or regulations of a given promotion.
## § 5 Creating an account
1. In order to use most of the Services, you must create a Client’s Account. Creating a Client’s Account requires you to accept the provisions of the Terms of Service, Privacy Policy and to provide us with your valid email address.
2. Using specific Services may require entering additional data, such as:
* your name and surname, if you are an entrepreneur being a natural person, and where you act on behalf of an entrepreneur who are not a natural person – the name of such an entrepreneur (name of the organization),
* name and surname of a contact person - especially if the Client is not a natural person,
* tax identification number,
* business address.
3. Providing data mentioned above and accepting these Terms of Service leads to a creation of a Client's account.
4. Management of the Services shall be carried out directly within the respective Service.
5. Sometimes we may create a Client’s Account for you ourselves, after obtaining your express consent in this regard. This is especially the case when our representative presents you with the possibilities offered by the Services at an individual meeting. In this case, we ask you to accept the terms of use of the Services by using the activation link.
6. The commencement of use of certain Services may also require the payment of the corresponding Remuneration, in accordance with the terms of the established Subscription. Details of the payment terms for the Services are described in § 10 of these Terms of Service. In such case, access to the Services is granted after the payment is credited to our bank account.
7. When you create a Client’s Account, we will ask you to establish a password. In order to ensure a high level of security of your data, we suggest that the password you create should be at least 8 characters long and contain upper and lower case letters and at least one number.
8. You may only have one Client’s Account within our Services. Only one Client may use one Account within the Services. You do not have the right to transfer your Account access data to other persons
9. Once you have created a Client’s Account, you may begin using the Services.
10. We assume that the information you provide is up-to-date and corresponds to reality. If any of the identification or registration data that pertains to you as a Client changes, you agree to update it immediately as part of the Services.
11. You are fully responsible for keeping the data you provided when setting up your Account accurate and up to date.
12. If you are required to establish a Client’s Account in order to start using the Services, the moment you start using the Services is when you establish a Client’s Account and accept the content of these Terms of Service. In such case, the agreement between us and you is binding as long as you have a Client’s Account under the Services. Termination or cancellation of the agreement is possible in accordance with the provisions of § 20 of the Terms of Service.
13. The mere creation of a Client’s Account is free of charge. On the other hand, the use of certain Services is possible only upon payment of a fee in accordance with the provisions of the Terms of Service.
14. Detailed information on which Services are paid and the price of their purchase is available within our website. Please note that individual Subscriptions, the purchase of which enables the use of paid Services, differ from each other, for example, in the detailed scope of available functionalities, the allowed number of Users, disk space, computing power, the maximum number of integrations with other solutions, the maximum number of devices that can be associated with a Service or the duration of a given Service. The purchase of a Subscription allows the use of the Services in accordance with its terms and associated limitations.
## § 6 Safety
1. The use of the Services is possible via a device that belongs to you, such as a computer, tablet, or phone. In addition, our Services may be linked to your (controlled by you) server or cloud solutions. It is your responsibility to ensure the appropriate level of security for these devices or services.
2. We ask you to keep in mind that using the Internet may involve various risks. Not all Internet users have good intentions. Some may try to use inattention or trust to commit crimes or harm others. That is why we inform you about online security risks, such as the activities of online criminals, attempts to extort data or payment funds, viruses, and other malware. At the same time, we recommend, whether you are a Client or a User of the Services, to take the following precautions to increase your IT security:
* locking access to the device with a password or PIN,
* having an updated operating system,
* verifying that you are providing your personal information, either logins or passwords, on the correct website, in particular by verifying the correctness of the URL and checking that the connection to the site is encrypted,
* not sharing your Account password with anyone else using the Services.
3. We also caution you against sharing your device with third parties to enable them to use the Services within your individual Account.
## § 7 Creating additional Users’ Accounts
1. As a Client you can create accounts for your Users within some of the Services.
2. One User Account can be used by one person only. You cannot create shared Accounts which would be used by more than one person. You may not provide paid services to third parties, under which you will create User Accounts for them so that they can use the Services.
3. Within some Services, Users can share various information, including their personal data. This covers, among other places, the information visible within a profile of a given User. In this case, you (as a Client) are a Data Controller who is obliged to inform these Users about processing of their personal data. As such, you should provide the Users with appropriate information on processing of their personal data, assuming you are obliged to follow provisions of GDPR or other data protection regulations applicable in your country of residence.
4. Within some Services, you (as a Client) can grant admin rights to some Users. These enable the Users to add other Users, edit their accounts, modify Client’s data, configure the Services, or make purchases of Subscriptions. By granting admin rights to a given User, you hereby authorize them and grant them rights to undertake all actions prescribed for admins within the Services, including possibly incurring obligations on your behalf.
5. As a Client, you can reset your Users’ passwords. This privilege is also granted to other Users who have admin rights. We would like to indicate that such functionality might not be always available – passwords of some Users cannot be reset by the Client or on our own, which might mean that loss of password of such a User may lead to inability to retrieve data stored within that User’s account.
6. In case of some Services, creation of a User’s account may require providing this User’s email address. This address shall be used to log into the Service or to identify such a User.
7. Detailed scope of privileges and functionalities connected with Users’ accounts is described in Services’ technical documentation.
8. As a Client, you may grant or revoke permissions to Users whose Accounts have been created within the Services used by you, as well as delete Accounts of individual Users. We point out that as a Service Provider we do not provide services for adding or deleting Accounts of individual Users.
9. If a particular Service allows it, Users may activate additional functionalities related to their Accounts, such as two-factor authentication or automatic notifications of new activities within the Services, which are sent to their e-mail address. Taking advantage of these functionalities may require the User to provide additional information, such as a phone number or email address.
10. Entering certain information about Users on the Services, in particular, such as creating a nickname, adding a name or avatar, may be visible to other Users using the Services within your organization.
## § 8 Services provided by the Service Provider
1. We enable you to use Services in continuous manner, 7 days a week, 24 hours a day. Occasionally, however, we may need to shut down Services for a period of time, so that we can perform software updates, fix bugs, or perform maintenance work. As a rule of thumb, we will inform you of such interruptions at least three days in advance. Information in this regard will be forwarded to the email address you have provided within the Services, or displayed directly within the place where you manage the Services
2. Regardless of the above, we indicate that in certain situations we may perform repairs, resulting in temporary interruption of Services, on an ongoing basis, without prior notice to Clients. This occurs when we need to eliminate:
* errors or defects which makes proper use of Services impossible,
* errors or defects caused by improper functioning of external server/communication infrastructure,
* errors or defects for removal of which we would need to shut down Services for an extended period of time.
We make every effort possible as to ensure that periodical technical interruptions cause the Clients as little inconveniences as possible.
3. This paragraph shall not be construed as our obligation to provide a certain minimum level of availability of the Services. Our liability for any technical interruptions implemented in accordance with the provisions of paragraph 1 or 2 is excluded.
## § 9 Rights of Clients and Users
1. The operation of our Infrastructure is based on the IT solutions, created by us, which enable data encryption. Therefore, data, files, or other information that you, as a Client or User, store or save within the Infrastructure may be encrypted. This means that we do not have the ability to read or decrypt them. Access to information stored within the Infrastructure is only possible for people who can log in to the IT solution using their assigned username and password. This also applies if you use our solutions, based on encryption, as part of your IT programs or services. Detailed information on in which situations data is encrypted and under what conditions is available within the documentation for our Services
2. As a Client you retain all rights to source codes, programs, data, files, and conversations which you enter into our Infrastructure. Together with entering these materials into the Infrastructure, you grant us a license for their storage, running, combining with other IT solutions available within the Infrastructure, together with possible data transfers (in scope necessary to provide Services). This license is granted free of charge and is granted in order to enable us to provide Services. This license is granted to the duration of provision of services and is a worldwide license.
3. As a Service Provider, we are not in any way capable or legally obliged to facilitate or enable Clients to recover data stored within the Infrastructure in the event of loss of access caused by the loss of login or password.
4. We continuously try to develop Services, as to meet expectations of our Clients and Users to the fullest extent possible. As such, we would like to inform that the detailed scope of functionalities offered by the Services may change. We do our best to ensure that development of the Services does not significantly affect the usage of most important functionalities of the Services. However, we reserve the right to make changes concerning functioning of the Services, for example, in areas like interface, UX (user-experience), methods in which given elements of the Services function, including basic functioning of Client’s or User’s accounts. Up-to-date information on scope of the Services which Clients can use, are described on our website.
5. Standard scope of the Services does not cover provision of services by us in regard to individual trainings carried out on your or your team’s behalf, which are connected with functioning of the services. These kinds of services can be provided on basis of separate arrangements of the Parties.
## § 10 Fees
1. Using some Services may be connected with the obligation to pay remuneration to us, according to specified Subscription terms, as chosen by you. Detailed information regarding:
* what Services are provided in exchange for Remuneration, and what Services are available free of charge,
* what are the Terms of Service of the Services provided under each Subscription, including the amount of Remuneration, how long the Billing Period is for each Subscription, and what scope of Services fall under a particular Subscription,
are described on our website or are determined between us and you in individual arrangements.
2. Remuneration for using the Services is charged in advance before the start of the period of using the Services to which remuneration is related to.
3. Due to possible changes in market conditions, we reserve the right to change the cost of using the Services. This kind of change shall not affect the remuneration for the Services you already purchased – only those which you might purchase in the future.
4. We offer one of the following payments methods for purchasing access to the Services:
* bank transfer to our bank account, details of which we will give after you place an order,
* via payment service, provided by a third-party service provider, which allows for payments with use of various payment methods, such as credit card – in this case, payment is made directly when placing the order.
5. The process of purchasing a separate Subscription is carried out in the following manner:
a. the Client selects a specific Subscription relating to a specific Service,
b. the Client provides the data indicated in §5 of the Terms of Service, if not provided earlier, and selects the payment method, as indicated in passage 4,
c. the Client accepts the Terms of Service, if they have not previously accepted them,
d. the Client confirms the order by pressing the "Buy and pay" button, which results in an offer delivered to us, expressing interest in purchase of the Subscription, in accordance with the provision of § 4.8 of the Terms and Services,
e. Client makes payment in accordance with passage 4,
f. we confirm the completion of your order and the commencement of provision of the Services within a given Subscription, or decline to accept the offer, in accordance with the provisions of § 4.8 of the Terms of Service, and return the funds paid by you to us if you have already made payment. If we confirm your acceptance of the order, we consider that an agreement between us and you is concluded,
g. immediately after the payment of the Remuneration is credited to our account, we shall begin providing the paid Service to you. This moment is considered the beginning of the Billing Period.
6. Alternatively, the purchase of a Subscription may be based on an individual arrangement between us and you, under which we will inform you of the terms of the Service and the details of payment of the Remuneration. In such case, we will also provide you with information on how the Remuneration is to be paid to us and we will begin providing the Service once it has been credited to us.
7. In case of some Services, we might enable automatic subscription renewal in regard to Subscription chosen by you. In such a case, before the end of term of the Services under applicable Subscription, we will automatically attempt to charge the remuneration amount from your credit card. If such attempt is successful, the term of Subscription you chose shall be extended for the next settlement period. Automatic subscription renewal is enabled only with your prior consent. Please, remember that granting such consent enables us to charge money from the credit card details of which you have given us, until such consent is revoked. If our attempt to charge the remuneration amount is unsuccessful, you are obliged to pay the remuneration yourself, if you wish to extend the term of Subscription chosen by you.
8. During a payment process, you may be asked to provide additional data necessary to issue an invoice, especially if required information was not provided at the time of creating a Client’s account.
9. An invoice is issued to you without undue delay, after we receive the payment. The invoice is sent to your e-mail address provided within the Services – by accepting these Terms of Service, you agree for such a solution.
10. If you pay the remuneration for the Services by credit card, you must provide accurate credit card's credentials, necessary to perform the transaction. Remember that you can only use a credit card usage of which you are entitled to. If you make the payment as a representative or proxy, then you declare that you are allowed to perform such payment and use credit card credentials required for performance of the transaction.
11. The Services relating to the Subscription are provided by us for a predetermined Billing Period, which is one of the terms of the Subscription. Before the expiration date of a particular Service, we will notify you of the upcoming expiration, and provide you with all the necessary information required to extend the Billing Period, including information on the amount of remuneration and payment details. In such case, if you wish to continue to use the Services as before, you should pay the applicable Remuneration to us.
12. Depending on the legal requirements applicable in a specific country, the final amount of remuneration for provision of services may include applicable taxes. The economic costs of all taxes shall be borne you, acting as a Client, in accordance with the applicable regulations. We act with the utmost care to inform you about taxes owed to the applicable authorities, in accordance with the binding regulations regarding this issue. However, if any doubts regarding payment of taxes arise, inform us about it. In such a case, we shall jointly cooperate in good faith in order to settle all due taxes. If necessary, we may ask you to provide relevant documents proving that the transaction between us and you is tax-exempt. This includes, in particular, an exemption from VAT/GST or other similar tax.
13. In the event of your late payment or non-payment for the Services you have ordered, we have the right to stop the provision of the Services for which you have not paid. Restoration of the services shall take place upon payment of all outstanding fees owed to us. Regardless of the above, in the event of late payment, we may demand payment of statutory interest for late payment in commercial transactions in accordance with applicable law.
14. If a Client will not pay remuneration for another period, after the expiry of the period for which the service was purchased in accordance with the provisions of this paragraph, the Service Provider states that provision of services connected with applicable Subscription may be suspended without any additional notification.
15. If you do not pay for the renewal of your Subscription for the next period, your data and information that you have stored in the Infrastructure are still stored within it. If, within 14 days of the expiration of the previous Subscription, you purchase another Subscription, we will reactivate your service and restore access to your data. Likewise, you will have access to your data stored under the Service if the Service in question is provided as a free service.
16. In case you do not purchase a subsequent Subscription within the 14-day period mentioned above, or you do not have the ability to use a particular Service for free, we have the right to delete the data stored within the Infrastructure that is associated with the expired Services after the indicated period. This also applies to User accounts and data stored in the Infrastructure for use of which no payment has been made. This process is irreversible.
17. Reactivation of the account after the expiration of the Billing Period under which Services were purchase, shall be made upon receipt of the remuneration for the Services in the next period, in accordance with the provisions above. The Client has the right to pay the remuneration for the next period of the Services before the end of the previous Billing Period, so as not to lose access to the service.
18. The moment of payment of the remuneration on our behalf shall be considered the moment of crediting our bank account.
## § 11 Free Services
1. Some Services are available free of charge. This especially applies to Services which are provided to Clients as part of free or trial access. Moreover, some of the Services are shared for free, for purposes of promoting technologies we offer. If a specific Service is free-of-charge, we will inform you about such a fact in clear manner.
2. It is up to us to decide whether a particular Service will be provided free of charge. This includes whether or not we allow for trial access. We carry out activities in this regard on our own volition. We have the right to determine the specific conditions for the provision of Services under free access, in particular the duration of such service or the additional restrictions that are associated with it. We will inform you about these conditions at the time you start using the free Service.
3. Upon end of the free trial access period or end of provision of free services referred to above, we may block account of a Client who used such services, as well as associated User accounts. In such case, you have the right to continue using the Services after making an appropriate purchase, in accordance with the provisions of these Terms of Service.
4. If, despite the termination of free Services, you choose not to purchase a Service in accordance with the provisions of these Terms of Service within 14 days of such termination, we have the right to delete your Client’s account and related User accounts associated within previously used free Services.
5. Please remember that the ability to provide the Services without payment is our right, not an obligation. This means that we may discontinue any of the free services at any time, as well as change or modify the scope of the free services, reduce the duration of the free trial period, or change the model of a particular service so that it is only available under a paid Subscription. As a Service Provider, we are in no way obligated to extend the free trial period granted to the Clients, due to any circumstances.
## § 12 Helpdesk
1. As a Client, you have the right to report errors, bugs or malfunctions concerning the functioning of the Services to us, in accordance with principles described below. Such reports can also be made by your Users.
2. Reports mentioned in this paragraph may be sent via the dedicated functionality of the Services which is clearly marked by us as a helpdesk – for example in appropriate tab visible after logging into the Service.
3. The content of a report describing an error, bug, or malfunction should include:
* a Client's name and surname or Client’s company name,
* name and surname of the person preparing the report (person acting on behalf of the Client or User),
* e-mail address of the reporting person,
* description of an error, bug or a problem encountered within the Services.
4. If the information provided as part of your report is insufficient for verification, we may ask you to supplement your report and provide us with additional data
5. We will do our best to repair an error or defect in the Services so that you can continue to use the Services as soon as possible. However, we cannot guarantee that every problem will be resolved within the timeframe indicated by the Client or User, in particular, due to the complexity of potential problems. In such a case, the possible repair of errors or defects may require additional time. Sometimes, instead of making a repair, we may allow you to use a temporary substitute solution so as to eliminate the negative effects of an error or defect occurring within the Services.
6. Terms of some Subscriptions may indicate that helpdesk requests will be recognized on a priority basis - if the Client has purchased such a Subscription, their requests are reviewed first.
7. As a Client or User, you may also use the contact methods indicated in this paragraph to ask us any questions related to the Services and use support in regard to the Services.
8. In order to use the helpdesk as provided in this paragraph, you must have access to the Services under your paid Subscription. We do not guarantee that we will be able to make repairs or respond to requests to customers who use free access to the Services.
9. If the process of fixing a bug, error or any other malfunction related to the Services encounters difficulties and cannot be accomplished within the scope of the Services' ongoing support, we may fix the error with the next update of the Infrastructure, Software, or internal software responsible for functioning of the Services.
10. The helpdesk support does not include help connected with:
* errors caused by defects or improper performance of the hardware
* errors caused by using the Services in incorrect way,
* interference in the Services by unauthorized persons,
* improper functioning of the Client’s infrastructure,
* errors caused by improper functioning of software other than Services or our Software, including software, which is integrated with out Services,
* errors caused by malicious software or viruses or unauthorized actions of third parties, in particular due to hacker attacks and other criminal activities,
* carrying out activities directed at the creation or development of software, exceeding the issues of current technical support and bug fixing - this type of services may be provided on the basis of a separate agreement, concluded between us and you.
## § 13 Prohibited activities
1. You should comply with certain rules and restrictions in connection with your use of the Services. These rules apply to both Clients and Users and are as follows:
* You may not use the Services to post, store, or send content that violates criminal regulations. This means, for example, that you may not use the Services to organize trafficking of drugs or other prohibited substances, commit fraud, launder money, finance terrorism, possess or distribute child pornography, participate in human trafficking, participate in organized crime groups,
* you may not use the Services to violate the personal rights of others, slander or insult them - for example, you may not insult them, violate their good name, or take actions that are intended to defame that person in the eyes of others. This also applies to companies and NGOs. You also cannot distribute photos, images of people in a way that may humiliate them - for example, you cannot distribute nude photos of people who have not given their consent. This includes situations where such an image is produced or generated and does not depict a real person, but substantially resembles one,
* you may not use the Services in a manner that infringes copyright or other intellectual property rights - for example, you may not use them to distribute audio, visual, graphic works without the permission of the creator or any owner of such rights. In addition, you may not store or distribute on the Services software for which you do not have the copyright or appropriate license,
* you may not interfere with the operation of the Services or Infrastructure for the purpose of modifying, disrupting, or copying elements of the source code, unless such possibility arises from specific license provisions, including those for the Software,
* you may not use the Services to create or distribute materials that constitute hate speech, in particular, inciting hatred against specific individuals or groups based on their origin, nationality, color, sexual orientation, religion, political or social views,
* you may not use the Services to send spam or other types of unsolicited marketing information or to send messages using automated algorithms and bots,
* you may not use the Services to send, create or perform operations with malicious software, in particular ransomware, spyware or other types of computer viruses,
* you may not combine or integrate the Services with IT solutions of which you are not the owner or authorized user (in particular, in connection with the applicable license agreement),
* you may not use the Services to violate other laws.
2. In addition, your use (as a Client or User) of the Services must be carried out in accordance with the license provisions of the Software and Services. This includes, in particular, the prohibition of using the Software in a manner inconsistent with the applicable license agreements available under these applications. When using the Services, you must comply with copyright and other intellectual property laws, including those arising from the registration of inventions, patents, trademarks, industrial designs, utility models, etc. Remember that the copyright to the Services and the Software belongs to us - you, by receiving the opportunity to use our services, do not become their owner.
3. In a situation where we obtain information that you are carrying out the activities described in passage 1 or 2 of this paragraph as part of using the Services, without additional warnings or requests to act in accordance with the Terms of Service, we may:
a. remove data from the Infrastructure that you have posted as a User or a Client,
b. block your access to the Services for a certain period of time, from 1 month to 2 years, or even forever - both when you are a User and a Client
c. delete your Client’s Account, functioning as part of the Services.
4. We do not conduct any activities that involve monitoring or verifying what you do within the Services. We may receive information about such activities, if any, from:
a. authorized law enforcement agencies, such as the police, a court, or a prosecutor's office,
b. other individuals,
c. from publicly available sources,
d. directly from you.
5. We evaluate each piece of information on violation of passage 1 of this paragraph individually. This is handled by our employees, who very carefully review the information we have collected and make an assessment of how we should respond. We take this kind of information seriously and recognize it immediately, in accordance with the procedures that are described in this document. However, we do not use any automated algorithms or bots to assist us in making a decision or to make it for us.
6. In verifying whether a given action violates the provisions of passage 1 of this paragraph, we take into account:
* existence of possible grounds to believe that an unlawful activity occurred,
* the provisions of laws and the Terms of Service that have been potentially violated,
* whether undertaken activities, having certain degree of probability, are against applicable laws or Terms of Service provisions,
* what measures referred to in passage 3 will be appropriate, taking into account the nature of the violation.
7. At the same time, we would like to indicate that if we receive requests from law enforcement agencies such as the police, prosecutor's office, or the court, we are obliged to comply with their requests, regardless of whether, in our opinion, there is a violation of the law or not. In such a case, we will take the requested action, provided that it complies with the regulations that govern the operation of the law enforcement agency in question and is technically feasible.
8. Once we have made a decision to delete your data, account, or block access, we will inform you:
* exactly what decision we made and what measure we took (i.e., deleting content/account or blocking access to your account),
* what facts and circumstances we took into account in making the decision and where we got them from,
* what legal grounds we relied on in making our decision - including, in particular, an indication of the laws or regulations that were violated, along with an indication of why we believe the actions in question were in violation of those laws or Terms of Service,
* how you can appeal our decision.
9. We will inform you of our decision electronically by sending a message to the e-mail address you provided as part of the Services.
10. You have the right to appeal our decision within 30 days from the date you receive information about our decision. In your appeal, you may indicate your arguments and cite evidence that supports them. After receiving your appeal, we will reconsider your case and inform you of our decision. We consider appeals promptly, within a few days of their receipt.
11. If we have determined that there are no grounds to take any action due to a violation of the law or regulations (that is, we will not delete the data/accounts or block access to them), we do not need to inform our Client. We only provide such information to the person who notified us about the violation.
12. Notwithstanding the above, please be advised that if we obtain knowledge that a crime may have been committed or is being committed or may be committed in connection with the use of the Services, especially resulting in a threat to the life or safety of persons, we are obliged to inform law enforcement authorities. This does not exclude the possibility of carrying out the procedure referred to above.
## § 14 Reporting prohibited activities
1. Any person (not just a Client or User) may report to us that our Services are being used by any Client or User in a manner that violates § 13.1. or 13.2. – that is, notify us that the Client or User is not complying with the restrictions of our Terms of Service and is performing activities within the Services that are prohibited.
2. The notification referred to above may be made by Email, sent to: contact@simplito.com.
3. The notification must include the following information:
*what Client / User is in violation of the Terms of Service, or in what area of the Services (e.g., a specific element of the Infrastructure or a specific part of the Service) the violation occurred,
* why the notifier considers the activity to be a violation,
* an indication of the circumstances that make it probable that the violation occurred, in particular, the evidence that proves the existence of the facts indicated in the notification,
* name, surname, and e-mail address of the notifier,
* a statement by the person confirming that he or she is convinced that the information and allegations contained in the notification are correct and complete.
4. Immediately upon receipt of the notification, we confirm its receipt by sending a message to the e-mail address of the notifier.
5. We process notifications without delay, within a few days of receipt. However, we would like to indicate that sometimes we need additional information to verify the legitimacy of the notification - in this case, we may extend the deadline for processing the notification to around two weeks.
6. If the information contained in the notification is incomplete or insufficient for us to make a reliable decision, we may ask the notifier to send additional information or supplement the notification.
7. We consider the notifications objectively and non-arbitrarily, with due diligence.
8. After we consider the notification, we make a decision under which we may decide that:
a. the report is not valid, or the validity of the report cannot be confirmed, in which case we take no further action to remove the account or content or block access to it,
b. the notification is legitimate, in which case we will take a decision to remove the account or content or block access to it, pursuant to the provisions of § 13 passage 3 of the Terms of Service.
9. We inform the person who made the notification about the decision. We do this immediately after the decision is made. In addition, if our decision leads to the deletion of the Account or content or blocking of access to it, we inform the Client or User about it, in accordance with the provisions of § 13.
10. In a situation where the person who made the notification does not agree with our decision, they have the right to appeal it within 30 days. In the appeal, the applicant may indicate their arguments and cite evidence that supports them. Upon receipt of the appeal, we will reconsider the notification and inform the notifier of our decision. We consider appeals promptly, within a few days of receipt
## § 15 Liability of the Client and the Service Provider
1. The term 'Client' within the meaning of this paragraph shall also apply to a User.
2. A Client is liable for their actions or omissions that do not comply with the provisions of these Terms of Service or generally applicable law. You may also be responsible for the content that is stored within the Infrastructure or the Services by you or your User.
3. Except to the extent that we have been informed that the content in question, stored within the Services, violates the law or the provisions of these Terms of Service in accordance with paragraph 13, and after analysis we have determined that we will not remove or block the content, we are not responsible for the content posted by Clients or Users within the Services.
4. If you, as a Client or User, post, upload or store any copyrighted information, data, or files within the Services, you must have the right to use such an item and store it within the Services
5. Since the Services are standardized in nature and depend on the proper operation of elements beyond our complete control, our liability to Clients is limited as follows:
* We are only liable for actual damages caused by our acts or omissions, if any, in connection with the provision of the Services to the Client. Our liability for any other damages, including lost profits, is excluded.
*the Service Provider's total liability for any damages caused to the Client in a calendar year is limited to the value of the remuneration received from the Client in connection with the provision of the Services in such calendar year.
6. Notwithstanding the provisions below, as Service Provider we are not responsible for:
* any service that is not part of the Subscription selected by the Client,
* any activities or services described under the Terms of Service that are performed by entities other than our employees, associates, and authorized subcontractors, which means that we are not responsible for any act or omission of the Client, or any third party related to the use of the Services,
* any improper performance of obligations, as described in the Terms of Service, or any improper provision of the Services, where this is due to Force Majeure or for damages caused by the Client's improper performance of obligations,
* for non-performance of obligations under these Terms of Service or improper provision of Services due to circumstances beyond our control, including, for example, acts of authority, strike, or other labor problem (other than related to the Service Provider's employees), failure on the part of the ISP or DDOS attack,
* for non-performance or improper performance of our obligations, to the extent that this is due to technical or legal limitations beyond our control, in particular in the provision of remote technical support services, as well as the conditions and quality of communication with external service providers,
* for the malfunction of your IT solution that is created using the Services, to the extent that this is not due to the malfunction of the Services.
7. By "Force Majeure" we mean an event that could not have been foreseen with the exercise of due diligence required in commercial relations, which does not result from our acts or omissions none and which we are unable to counteract even if we had acted with due diligence. In particular, we are not liable for the consequences of the following events: general strike, armed conflict in a country, blockade of ports or other commonly used points of entry or exit, earthquakes, floods, epidemics, and other natural force events.
8. We reserve the right, at our own risk, to use subcontractors to perform our obligations under these Terms of Service. We work with such subcontractors in accordance with our company's procedures and in accordance with the instructions communicated to such subcontractor. As a Service Provider, we shall be responsible for the subcontractor's acts and omissions to the Client as if they were our own, especially if there would be a failure to perform or improper performance of an obligation, including delays or failure to meet the deadlines indicated in these Terms of Service.
9. The provisions on exclusion or limitation of our liability do not apply to you if you are a Consumer or Individual Entrepreneur, to the extent that the law excludes such limitations. In such a situation, we apply the general provisions of the law to matters of our liability.
10. If you violate any provision of these Terms of Service, you shall indemnify and hold harmless the Service Provider and its agents, managers, members and employees from any damages, losses, costs, including court and legal fees, expenses and asserted liabilities, incurred, or paid by Service Provider as a result of any violation of these Terms of Service, including its Users or agents.
## § 16 Intellectual Property
1. All rights, including intellectual property rights in the software necessary to provide the services indicated in the Terms of Service (including the Software) are our property or solutions that we use in accordance with the terms of the licenses binding us and the third party that owns such solution
2. As a Service Provider, we are entitled to enter into a binding agreement covering your use of the Services and to enforce the provisions of the Terms of Service, including with respect to your use of elements protected by intellectual property laws. The conclusion or performance of the provisions indicated in the Terms of Service, including your use of the Services, will not lead to the infringement of any rights or property of third parties (including our affiliates), especially with respect to intellectual property or any other agreements concluded by us with third parties.
3. Our websites, all visual and programmatic elements used to provide the Services, ran via a web browser, as well as their individual components, are copyrighted works. We declare that we own all rights, including intellectual property rights in such pages, including graphics, descriptions, product images, sales and marketing content, website content and website source code. You are not entitled to distribute or copy our website and other elements indicated above as well as content, posted within our websites, unless such right arises directly from the provisions of law.
4. In order to provide the Services, we use various open source libraries, programs, and frameworks. The Service Provider uses these elements in accordance with the license terms and informs, if required, about the use of these elements. The Service Provider declares that all licenses pertaining to these elements allow the Service Provider to use them in order to provide the Services in accordance with the Terms of Service.
5. All proprietary rights associated with the software used to provide the Services and all rights related thereto shall remain our property.
6. With your acceptance of the Terms of Service, we grant you a non-exclusive, worldwide license that allows you to use the software necessary to use the Services, in particular the Infrastructure, the software running within your web browser or the Services’ documentation, in accordance with the Terms of Service in the following fields of exploitation:
* use of the Services to carry out day-to-day business activities in your enterprise, statutory activities undertaken within the framework of a non-governmental organization, or other activities undertaken by you, in connection with home and personal activities,
* to create your own IT solutions using the Services, including using certain functionalities of the Services to create complete IT solutions,
* offering your own IT solutions, created using the Services, to your customers, including in the model of providing IT services or in the model of licensing the solution you have created,
* enable Users to use the Services for which you have created Accounts,
* uploading data within the Services, creating printouts and copies of uploaded data.
7. You are obligated to use the Services and all materials (e.g., Services’ documentation) and rights associated with the Services (including all adaptations and copies) in accordance with the Terms of Service.
8. You are authorized to use and share the Services with individual Users for whom you have created an account under the specified Services.
9. Some Services may assume the existence of various restrictions related to the use of the Services, including those related to disk space, computing power, the maximum number of integrations with other solutions, the maximum number of devices that may be associated with the Service, the scope of functionality or the maximum number of Users who may use the Services, in which case you may use the Services in a manner that does not violate these restrictions. If the restriction applies to Users, the Service may be used simultaneously by such number of Users who have access rights in accordance with the Subscription you have selected. Simultaneous use means the number of Users who have individual Accounts within the Services at any given time. If you wish to change your Subscription to create more User Accounts than specified above, you should contact us or change the terms of your Subscription directly within the Service.
10. The license referred to in this paragraph is granted for the duration of provision of the Services, in accordance with the Subscription you have selected, or other specific arrangements made between you and us (e.g., free access). After this period, the license will expire, and in order to continue to use the Services and to renew the license, you will need to purchase the applicable Subscription or obtain another right to use the Services.
11. Simplito logo, Simplito name are registered trademarks, protected in the European Union and other countries. You may not use these marks as part of your business without our prior consent.
12. The license fee indicated in this paragraph is part of the remuneration indicated in § 10 of the Terms of Service.
13. The license granted under this paragraph does not include a license to use the Software, installed on your device, such as a computer, server, or telephone. You may use such Software under separate license provisions, which are available on our website and directly under these programs.
14. Our Services assume that you may create your own IT solutions using it. However, this does not entitle you to interfere with the source code of the solutions on which the Services and the operation of the Infrastructure are based. Regardless of this, some of our products, including in particular the Software, may assume the possibility of making changes to it, including at the source code level. In such case, the ability to make changes to the Software is implied by the relevant license agreement that covers the Software.
15. Remember that you are not authorized to make the Services available to third parties for a fee, other than the Client itself or its Users, or to allow third parties to use the Services or the Infrastructure, in particular to act as an agent, sub-licensor, intermediary, host or separate service provider, without the prior consent of the Service Provider.
## § 17 Personal data protection
1. Pursuant to the provisions of GDPR as the Service Provider, Simplito sp. z o.o. with its registered office in Toruń, Poland we inform you that we are data controller of your personal data, where you are a person using the Services, including in particular the data provided in the electronic form during the registration process of an individual Client's account.
2. We process Clients’ and Users’ personal data according to detailed provisions, regulated in the Service Provider’s Privacy Policy, available on our website. The Service Provider indicates that they have implemented and maintain appropriate technical and organizational safeguards relating to the protection of personal data.
## § 18 Processing personal data as a processor
1. Due to the fact that as a Client you are an entrepreneur or other legal entity, you are obliged to comply with provisions of GDPR concerning Data Controllers. Within the Infrastructure you may store encrypted personal data, such as: personal data of your customers, suppliers, service providers, contractors, associates, or employees.
2. In order to ensure compliance with provisions of GDPR, you conclude a data processing agreement with us, which shall relate to detailed obligations connected with processing of personal data by us (processor) on your behalf (data controller). Acceptance of the provisions of these Terms of Service is tantamount to acceptance of the data processing agreement published on our website
## § 19 Security
1. Because our Services may (depending on which Service you use and to what extent you use it) use data encryption solutions created by us, we stipulate that we have no ability to access the data that is stored within the Infrastructure. Therefore, if you stop using the Services, including as a result of non-renewal of the duration of the services provided under a paid Subscription, expiration of the term of individual Services, termination of the Services, including those provided free of charge or as part of a free trial period, you may lose access to your data. We indicate that you should export any data stored in the Infrastructure yourself. Such export should be performed prior to the termination of a particular Service for any of the reasons indicated above, as after such termination neither you and your Users, nor we, will be able to access stored data
2. The Services do not include paid or free support in the recovery or export of data from the Infrastructure, other than as indicated in passage 1.
## § 20 Termination of the contract
1. As a Client you have the right to terminate the contract for the provision of electronic services at any time, without giving a reason, by deleting their account within the Services. In this case, we delete your data within the Infrastructure and User’s accounts connected with the Services. This also means that we may delete all data stored within the Infrastructure which relate to you or your Users, including files, messages, and tasks. As such, we ask you to export all your data stored within the Services before you delete your account.
2. Notwithstanding the foregoing, you may also terminate the contract for the provision of electronic services by:
* sending by mail a letter with a statement of termination to our address, indicated in the Terms of Service,
* sending an electronic message to the address: contact@simplito.com.
In this case, the contract is terminated 30 days after the Service Provider receives the message.
3. If you have purchased a Subscription in accordance with the provisions of the Terms of Service and have made a declaration of termination, the part of the remuneration corresponding to the unused part of the Subscription will not be refunded. In such a case, the contract for the provision of services by electronic means shall be effectively terminated upon the expiration of the time for the provision of services in accordance with the Subscription. This also applies if you have deleted your Account within the Services, as stated in passage 1.
4. If you violate the Terms of Service, as determined in accordance with the provisions of paragraph 13 of the Terms of Service, and we decide to delete and block your account, we may terminate the agreement binding us and you without notice. We may also do so if you are in arrears in the payment of any amounts due to us.
5. The termination of the agreement referred to in passage 4 will result in the deletion of all data stored within the Infrastructure, including the User accounts that you have created. In this case, the amount of money corresponding to the unused portion of the Subscription will not be refunded. Termination of the agreement does not prevent us from taking further legal action, including seeking additional compensation, if it is deemed justified.
6. We reserve the right to terminate the agreement for provision of the Services with two months' notice. We may do so in particular in the event of a material change in the subject matter of our business or the discontinuation of the Services. In such a case, we will refund to you the unused portion of the remuneration, according to the Subscription, purchased by you
## § 21 Complaints
1. If you are not satisfied with the way in which we provide the Services, you are entitled to file a complaint.
2. Complaints may be submitted:
* by an e-mail, by sending our e-mail address: contact@simplito.com,
* by a letter sent to our postal address: Grudziądzka 1-3, 87-100 Toruń, Republic of Poland
3. A complaint should include:
* your name, surname, and an e-mail address
* description of a complaint,
* your requests.
4. Before considering the complaint sent to us, we may ask you to send us additional information if the information you have given us so far needs to be clarified in order to properly consider the complaint.
5. We will respond to your sent complaint within 14 days from the day we receive it.
6. a response to the complaint will be sent to you electronically, to your e-mail address.
## § 22 Rights of Consumers
1. If you are a Consumer or an Individual Entrepreneur, you may withdraw from the agreement for provision of the Services within 14 days after registering your account and accepting the Terms of Service. The statement of withdrawal can be sent by you to the e-mail address contact@simplito.com or by post, to: 1-3 Grudziądzka Street, 87-100 Toruń, Poland. As a Consumer or Individual Entrepreneur, you may also delete your account directly within the Service, which is equivalent to withdrawal from the agreement for provision of the Services. Withdrawal from the contract by the Consumer or Individual Entrepreneur shall lead to a refund of any payments made by the Consumer or Individual Entrepreneur before the expiration of the aforementioned 14-day period.
2. In addition, if you are a Consumer or Individual Entrepreneur, you have the right to report the non-conformity of the digital service provided to you with the Agreement. In particular, you have the right to do so if you believe that:
a. the Services do not conform to their description, do not correspond to the advertising messages created by us,
b. the Services are provided with insufficient quality or in incorrect quantity or do not have the functionality they should have,
c. the Services are not interoperable with other software or services with which they should be interoperable,
d. the Services do not provide updates or technical support,
e. the Services are not fit for the purpose for which they were created, taking into account applicable standards and good practices,
f. the Services are not available to the extent required by market standards,
g. the Services do not provide security at an adequate level given the nature of the service in question.
3. If you consider that the Services are not in compliance with the agreement, you may request that we correct the provision of the services, as to ensure compliance with the agreement.
4. If we fail to comply with your request referred to in passage 3, you have the right to submit a declaration of withdrawal from the agreement or reduction of the price.
5. In the event of a dispute between you and the Service Provider, where you are a Consumer, you may submit a request for dispute resolution through the European Online Dispute Resolution Platform, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. If the Consumer decides to use the abovementioned platform, they should provide the following email address of the Service Provider: contact@simplito.com.
## § 23 Final Provisions
1. The agreement between us and you shall be governed exclusively by the laws of the Republic of Poland. Any disputes related to the provision of the Services by us shall be resolved exclusively by the common courts having jurisdiction over the registered office of our company. The contract between us and you shall be subject to the exclusive jurisdiction of the Polish courts. This provision does not limit your rights regarding choice of court and applicable law if you are a Consumer or Individual Entrepreneur.
2. Any disputes between us and you shall be resolved amicably through mutual negotiations and consultations. All negotiations and discussions in this regard will be treated as confidential. If the Parties fail to reach an agreement, either Party shall have the right to assert its rights in court, in accordance with the contents of these Terms of Service and the law. This provision does not constitute an arbitration clause.
3. You shall not have the right to transfer or assign any rights or obligations granted to you under these Terms of Service and obtained by you in connection with our provision of the Services, without first obtaining our consent in writing or documentary form. This shall also apply to the transfer of such rights or obligations within our group or to other companies affiliated with us in person or in equity.
4. We shall be entitled to amend the provisions of these Terms of Service due to such matters as:
* changes in laws that force changes in the way we provide services,
* changes to our business model, including, in particular, the development of our services, the addition of new features or the creation of new IT solutions - we stipulate that this may also include the discontinuation of old services,
* the need to make changes to further secure the interests of our company, especially with regard to liability or payment issues,
* changes in the organizational structure of our company or a change in the entity providing services (e.g., by another company in our capital group),
* changes in the licensing terms of our software.
5. A change in the Terms of Service shall come into force on the date we indicate in the contents of the message informing you about the change. The effective date of such change shall not be shorter than 14 days from the moment of informing you about the change. We will provide you with information about the change in the Terms of Service by means of electronic communication, in particular by email, sent to the email address you have provided within the Services or directly via the Services. Your continued use of the Services after the date of the change in the Terms of Service shall constitute your acceptance of the new version of the Terms of Service. If you do not agree to the change in the Terms of Service, please notify us before the effective date of the change. In such case, we will be forced to discontinue provision the Services to you and refund you a portion of the fees you paid corresponding to the unused portion of the term of the Subscription you purchased.
6. All communications between us and you regarding the provision of the Services, including matters relating to the Terms of Service or filing complaints, may be made electronically using the contact methods indicated within the Terms of Service. This includes making additional arrangements between you and us regarding the provision of the Services.
7. However, this does not prohibit you from contacting us by other means of communication, including letters or registered mail, if expressly permitted by the provisions of this or any other document that is binding us.
8. These Terms of Service shall apply from 26th of June 2024.
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