These Terms of Service shall constitute a standard contractual agreement and they define general conditions as well as rules of the Agreement a User (You) and the Service Provider (We) enter into. In order for the Services to be provided it is required that You acknowledge and accept provisions of the Terms of Service.
The Service within the Application shall be provided without any territorial nor temporal limitations. The Services are provided and the Agreement is realized by Us in accordance with CET (Central European Time).
The Terms of Service have become effective as of 6th April 2016.
For the following words and phrases used in the Terms of Service the following meaning shall be adopted:
We/Data Controller – Landingi sp. z o.o. with registered premises in Cracow at Ludwinowskiej Street no. 7/9 registered in National Court’s Registry under the number 0000449404, having the Tax Payer’s Number (NIP) 6762461659, email address: firstname.lastname@example.org;
Terms of Service – these Terms of Service;
Webiste – http://landingi.com;
Application – a system available through the Internet at the following address: new.landingi.com enabling You to make use of the Service;
Landing page – the User’s website in the Application helping the User with conducting advertising campaigns on the Internet. The Website is displayed to the visitor – a third party – as a result of marketing activities undertaken by the User. The Content of the Landing page is created and managed by the User ion terms and conditions as specified in the Terms of Service;
Lead – data, including the personal data, collected by means of Users’ forms and during a third party’s visits to the Landing page;
Service – a service provided to You by Us by means of electronic communication and through the Application and the Website. The Service shall be provided in compliance with binding law and provisions of the Terms of Service;
Agreement – an agreement on provision of the Service concluded between You and Us, subject to the provisions of the Terms of Service;
Entrepreneur/Enterprise – a natural person conducting on his/her own behalf business activity or a natural person representing a legal person, or an entity having legal capacity according to the applicable law who is capable of entering into the Agreement with the Service Provider;
Natural Person – a natural person having full capacity of acts in law whose entering into the Agreement is unrelated to his/her business or professional activity (a consumer);
third party – any natural or legal person or entity having legal capacity according to the Polish law, except for the User and the Service Provider;
User – a natural person or the Entrepreneur to whom at least one role is ascribed in the Application;
Account – a collection of information and settings saved in Our database for You, being a part of provision of Our services to You. In order to make access to Your Account provision of a proper Password shall be required;
Agency Account – a particular type of the Account which allows the Account Owner to create subaccounts and manage the Users;
Enterprise Account – a particular type of the Account which allows the Account Owner to create subaccounts and manage the Users; however, solely as far as management of the Landing page products or/and Enterprise Account Owner agencies and the Users are concerned;
Account Owner – the User who has accomplished the Registration and is entitled to pay for the Account and manage other Account Users;
Account Manager – the User who is entitled to pay for the Account and manage other Account Users. The Account Owner adds and removes the Account Manager;
Registration – an act which is required in order to create an Account in the Application and for the following acts of making use of the Service by the User;
Account Payment – an act undertaken by the Account Owner and/or Account Manager in order to make use of the payable service subject to the Terms of Service;
Login – User’s email address;
Password – a unique set of signs adjusted to Our technical requirements and chosen by You which is used to authorize access to and secure Your Account against unauthorized access of any Third party;
Software – Service Provider’s own scripts by means of which the Website and/or the Application work properly. The rights to the Software are owned by the Service Provider;
Price List – it contains the list of Prices for provision of the Services subject to the Terms of Service. The Price List is available to the Account Owner and/or Account Manager once they log in and on the Website: http://landingi.pl/cennik and constitutes an integral part of the Agreement;
Settlement Period – a period for which the Account Payment is due;
Fee – money charged due to making the actual use of the Service, calculated either in advance, subject to the Terms of Service, or as far as Agency or Enterprise Account is concerned, in hand, as agreed in a separate agreement on payment;
External Channel of Payments – an external service provider independent of the Service Provider:
PayPro SA, with registered residence in Poznań, at Kanclerska Street no. 15, 60-327 Poznań, tel. +48 (61) 642 93 44, WWW: www.przelewy24.pl, email: email@example.com. PayPro SA – registered in the Payment Services Providers Registry (eRUP UKNF) run by Polish Financial Supervision Authority under the number IP24/2014 – being an entity independent of the Service Provider and acting as an intermediary in the process of the Fees payment, subject to the Terms of Service and the terms and conditions as specified on the External Channel of Payments website https://www.przelewy24.pl/, or
PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) – being an entity independent of the Service Provider and acting as an intermediary in the process of the Fees payment, subject to the Terms of Service and the terms and conditions as specified on the External Channel of Payments website: https://www.paypal.com/pl/webapps/mpp/ua/useragreement-full?locale.x=pl_PL, or
Braintree Payments 222, with registered premises in Merchandise Mart Plaza, Suite 800, Chicago, IL – being an entity independent of the Service Provider and acting as an intermediary in the process of the Fees payment, subject to the Terms of Service and the terms and conditions as specified on the External Channel of Payments website: https://www.braintreepayments.com/legal/payment-services-agreement-eu;
VAT MOSS – a system to which the Service Provider has been lodged;
materials – works as defined by the Act of 4th February 1994 on copyright and related rights (in Polish: ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych, published in: Dz. U. 2006 No 90, item 631 as amended);
digital content – the data created and delivered in a digital format;
personal data – information by means of which it is possible to identify You;
force majeure – an event caused by an accident or by the forces of nature which cannot be controlled or influenced by the Service Provider (such as fire, explosion, electricity breakdown, earthquake, flood, intense thunder and raining, turmoil, acts of civil as well as military authorities, war, terrorism (including cyberterrorism), by actions of the operators of telecommunications networks and by other unpredictable factors;
telecommunications networks – a combination of interrelated and cooperating IT devices and software which enable the following activities: data processing and storage as well as data sending and reception, via telecommunications networks, by means of a terminal device appropriate for a specific telecommunications network, as specified in the Act of 16th July 2004 – Telecommunications Law (published in Dz. U. of 2004 no. 171, item 1800 as amended);
services provided by means of electronic communication/services provided by electronic means – provision of a service without Your and Our simultaneous presence (at a distance), by data transfer, at Your individual request, being sent or received by means of electronic processing device, including digital compression or data storage, which is entirely conferred, received or/and transmitted through telecommunications network, in the meaning of the Act of 16th July 2004 r. – Telecommunications Law (in Polish: ustawa z dnia 16 lipca 2004 r. – Prawo telekomunikacyjne, published in Dz. U. No 171, item 1800 as amended);
cookies/cookie files – small textual information sent by the www server and saved by Us;
email address – an active address of Your electronic mail account;
working day – the day counted between 8 am to 4 pm, since Monday to Friday, CET, with exclusion of the days off in the Republic of Poland, or days indicated as vacation by the Service Provider on the Website or in the Application.
In order to make proper use of the Website and/or the Application it shall be required to make use of a device with working Internet connection and to turn on the cookie files services.
It is recommended that You operate on the newest version of a search engine. In the event of use of the older versions and/or other versions than the most up-to-date available versions of the search engine, the Service Provider cannot guarantee proper functioning of the Service.
If You require technical assistance, You should contact us by means of the chat service available once You log in the Service, by sending Us an email at: firstname.lastname@example.org or/and by calling Us at the following number (+48) 12 345 03 25. The assistance shall be provided on working days, i.e. from Monday to Friday (with the exception of holidays and non-working days in the Republic of Poland) from 8 am to 4 pm.
We do not provide assistance as far as external services are concerned. Assistance to additional services shall be provided on terms and conditions of separate terms of service or agreement.
Registration and logging in
You may make Registration in the Application and log into the Application later on by providing Us with Your email address (Login) and Password.
Once the Registration is accomplished successfully You are automatically logged into the Application and You may make use of the trial version of the Service for the period of 30 days.
During the registration in the Application, You shall provide Us with Your own and true, i.e. factual and legally Yours, email address.
The email address provided during the Registration shall function as Login in the Website and the email address cannot be modified after the Registration (Notifications shall be sent at the email address as well). In the event of Your changing the email address and wishing for the materials to be transferred onto a new Account, You should contact the technical assistance. However, the transfer shall only be made where it is justified and after a thorough verification. The Service Provider may refuse to transfer Your materials/data onto the New Account and ask You to transfer the materials/data yourself during creation of the New Account.
Scope and type of the Services
The Service Provider provides Users with: access to the Service, access to the digital content by means of the Service and ability to make use of the Service on terms and conditions of the Terms of Service and the Price List.
The Registration in the Application and its subsequent use for the period of 30 days upon the Registration shall be free of charge. The trial version of the Service allows Users to make use of the functionalities of the Service for the period of 30 days; however, the use is restricted to 500 visits (of unique users) to the Landing Page.
The use of the Service after the expiry of the trial period, 30-days period as described hereinabove, shall be payable.
The Service shall be provided in a diversified, as far as the parameters are concerned, manner. The diversification affects the Fees. The description of the Service functionalities and parameters as well as applicable prices are determined in the Price List.
In the event of the enhancement of the parameters (subject to the limitations as specified in the Price List) of the use of the Service, the information on the Fee due to the enhanced parameters shall be displayed in the Account. Until the Account Payment is done, the Service shall be provided on the already existing terms (without the enhancement).
After the expiry of the trial period (30 days), in the event of the Fee not being paid, a User shall be allowed to log into the Account within subsequent 60 days. During the 60-days period the User shall be able to pay the Fee for the Service, edit his/her data or remove the Account. After the expiry of the 60-days period, the Service Provider may remove the Account.
The materials (e.g. logos, audio-visual materials, descriptions, or photographs) shall be added by the User him/herself into the Landing page. The materials added by the User shall be displayed in the Landing page. The Service Provider, however, reserves to himself the right to remove the materials which are illegal or infringe the Terms of Service, once he receives notice on infringement as specified in section 10 (6) of the Terms of Service (notice and take down procedure).
The Account Owner and/or Manager shall be able to integrate (connect) his/her Account with the external services. The external services are not provided by the Service Provider. The terms of service of the external services may limit access to the services. At the very moment of integration/connection of the Account with the external services the User agrees on the exchange of the User’s information and data (including the confidential data) between the Service Provider and the provider of the external services as far as it shall be required so that the User could fully benefit from the integration/connection of the services.
Duration of the Agreement
The Agreement shall be concluded at the very moment of the Registration and shall endure either for the 90-days period where the Account Payment is not made, or until the Account removal by the Account Owner in the event of the Agreement termination. In case of the conclusion of a separate payment agreement concerning the Agency Account and/or Enterprise Account, the separate agreement shall determine its termination and dissolution terms.
Within the period of the first 30 days upon Registration the User shall be able to test the Service free of charge, subject to terms and conditions as specified in the Terms of Service. The further use of the Service shall be payable in accordance with the Price List.
The Service Provider and/or the Account Owner may terminate the Agreement. The one-sided declaration on termination shall be made by means of the telecommunications network by the Service Provider, or by clicking on “remove the Account” button in the Application, at any time. The termination shall become effective with the expiry of the last Settlement Period.
During the Agreement, the Service Provider shall be entitled to block access to the Account in the event of lack of the due Account Payment and/or gross infringement of the Terms of Service by the User.
A natural person shall be entitled to contract out from the Agreement within 14 days upon its conclusion. This shall be done by removal of the User’s Account.
The Settlement of the Fee shall depend on:
the number of Leads – as far as the Account is concerned;
the number of the subaccounts – as far as the Agency Account is concerned;
the number of displays (the unique Landing page users) – as far as the Enterprise Account is concerned.
The Fee for the Service shall be charged periodically subject to the chosen Settlement Period. Until the Fee payment for the enhancement is done, the Service shall be provided on existing terms (without the enhancement). The Application shall calculate proportionately the Fee reckoning for the current Settlement Period.
The Settlement Period shall be renewed automatically for the next settlement periods until the Account is removed.
Each time the Account Payment shall be done in advance and for the entire Settlement Period. Later on, the Fee reckoning may be done in the event of the Account parameters enhancement.
The Fee/Account Payment may be done in hand only as far as the Agency or/and Enterprise Account are concerned and as long as a separate agreement on payment is concluded.
The Agreement shall involve an Account subscription for the settled parameters of the Account. If the Account parameters are enhanced, they cannot be downsized and the Fee payment shall be made. The payment for the next Settlement Period shall include reckoning for the enhanced parameters, subject to the Price List.
If the User is unwilling to make Account Payments, the Service shall become inactive and the Account shall be suspended until the subsequent payment is made.
The Account Owner and/or Manager shall be informed that he/she should pay for the use of the Service.
The Service shall be bought through the Application. The User shall choose the Settlement Period, indicate whether the purchase is made by a natural person or an Entrepreneur and provide the data necessary for an accounting document to be issued by the Service Provider.
The Fee payments shall be made periodically through the External Channel of Payments. The Account Owner shall receive the successful Account Payment confirmation, an invoice, sent to his/her email account and he/she shall see the information about the Subscription in the Application.
In case where the resources on the bank account are not sufficient, the Account Payment for each and every unsettled Settlement Period shall be charged retrospectively. If it is impossible to charge the Account Payment within the period of 3 months, the Account shall be suspended. The Account shall become active again on condition that the Payment in arrears is made.
In case of choosing the card as means of payment the Account could be suspended once the Subscription is annulled. The suspension shall become effective within the expiry the current Settlement Period. The Service could become active again at any time; however, no later than within 90 days upon the suspension.
In the event of conclusion of a separate agreement on payment, the provisions of the agreement shall apply.
The use of the External Channel of Payments shall require the credit card or the Account data to be provided.
The Account Owner agrees to receive the invoices by electronic means. The invoices shall be visible in the Application if the Account Owner logs in the Account.
The Services Provider offers additional services. The services shall be provided on terms and conditions specified in the terms of service applicable to the services which could be purchased by means of the Website.
User’s rights and obligations
The User shall be entitled to:
manage his/her Account (edit the data);
make use of the Website and/or the Application on terms and conditions specified in the Terms of Service;
address questions to the technical assistance department and submit complaint;
terminate the Agreement on the terms and conditions specified in the Terms of Service.
The User shall be obliged to:
make use of the materials, personal data or/and digital content respectively which he/she is entirely entitled to make use of (they cannot infringe a third party’s rights);
check if he/she fulfils the technical requirements for the use of the Website or the Application, prior to their use;
refrain himself/herself from the use of the Website and/or the Application that would impede functioning of the Website;
refrain himself/herself from the illegal use of the Website and/or the Application;
take care of the linguistic correctness, avoid using vulgarisms nor publish hyperlinks to the websites, the content of which is illegal or contrary to the Terms of Service;
make use of the Website and/or the Application in accordance with their purpose, law, provisions of the Terms of Service or principles of community life. It shall be forbidden to make use of the Service for the purposes of conducting terrorist, sabotage or other criminal activity, or any other law infringements, or torts, including posting of the materials offending other persons or infringing their rights, containing threats, invectives, materials propagating hatred towards people or/and animals, or harassing them, of paedophilic character, displaying and/or propagating criminal activity, profaning, abusive, infringing or potentially infringing personal rights or other legally protected values, publishing materials that may or do attack, degrade or/and supporting violence, or encouraging to committing a crime. It is also forbidden to post commercial content which infringes law (e.g. forbidden advertisement) or suggests payable or illegal meetings;
upgrade the materials and/or data, including the personal data, by entering them into the Account;
refrain himself/herself from any activity that is illegal or contrary to the principles of community life, or infringes personal rights of other Users, any third party or justified interests of the Service Provider, or other Users or any third party;
grant a license as described in sec. 14 (5) of the Terms of Service each and every time he/she adds any material;
refrain himself/herself from obtaining access to other Users’ Accounts which he/she does not manage (e.g. by breaking the Password);
refrain himself/herself from generating excessive or disproportionate load of the connections and other infrastructure, by means of which the Service is available;
keep its Password confidential;
refrain himself/herself from making his/her Account available to other Users or any third party;
claim damages or payment of the amount of the Account Payments made by the Account Owner;
make Fee payments for the Service.
The User agrees that the Account Owner may agree for the Service Provider making use of the materials added by the User for the purpose of promoting the Application and/or additional services of the Service Provider.
The User’s rights and obligations resulting from the Agreement cannot be transferred onto other entities or/and persons without the Service Provider’s knowledge nor consent. This shall mean that the User cannot transfer/sell/dispose of his/her Account onto another entity. The Service Provider shall be a sole entity entitled to provide the Service for the registered User.
The Service Provider’s rights and obligations
The Service Provider shall not interfere with any User’s Account and the information gathered on the Account, or any messages sent and/or materials added, except for when requested by the User due to technical problems, also as far as additional services are concerned and solely within the scope.
The Service Provider shall be entitled to:
inform the Users, by electronic means, about new functionalities of the Application or significant notifications related to the Application;
inform the Users, by electronic means, about useful materials concerning creation and use of the Landing Page by means of a newsletter;
send the above Notifications to the Users;
ask the Users about their general opinion and level of satisfaction for the use of the Application and technical assistance. The opinions may be collected in a form of short questions or brief surveys, by means of the telecommunications network;
examine the manner the Application and/or the Website are used, in particular by collecting anonymous data allowing to improve them functionally and technically (e.g. resolution of a screen, type of a search engine used, the number of clicks on particular tabs on the Website),
modify features, functionalities of the Service, ad-lib, unless it leads to reduction of the quality of the Service provided to the User,
make use of the User’s materials added to Landing Page within the license, as specified in sec. 14 (5) of the Terms of Service, granted by the User,
make use of the User’s materials in order to advertise or promote the Application and/or his additional services, by the Account Owner’s consent,
remove the Account with the moment of the expiry of the 90-days period upon the Registration in the event of the Fee payment not having been made;
remove the Account with the moment of the expiry of the 90-days period in the event of the Fee payment not having been made.
The Service Provider shall exercise the utmost care so that the Service is provided duly, on regular basis and without any disruptions.
The Service Provider shall reserve to himself the right to make the Website and/or the Application and/or the Landing Page unavailable, entirely or partly, due to technical reasons, including a need for maintenance works or modifications to be introduced. The Service Provider shall exercise the utmost care so that the instance of the unavailability is the least onerous for the User.
In the event of the terms or conditions of the Terms of Service being violated by a User, the Service Provider shall be entitled to disable temporarily access to the User’s Account and/or suspend access to the Service, if the violation is the result of the User’s faulty conduct, and to request for explanation. In case of repeated violations of the Terms of Service committed by the same User, the Service Provider shall be entitled to disable temporarily access to the User’s Account for the period of 60 days. Upon the expiry of the 60-days period, the Service shall become active again. The Account and/or Service blockage does not affect the quality of the Service provided by the Service Provider and shall occur only if it is justified and it results from the User’s faulty conduct. In the case, the User shall not be allowed to file a complaint.
The Service Provider shall be entitled to take any other actions in accordance with the terms and conditions of the Terms of Service.
Each User shall be liable for the accuracy of the data, including the personal data she/he uses.
The Service Provider shall exercise the utmost care to safeguard the Application and the Service against any adverse events. It is advisable that the Users shall:
make use of the protective software installed on the device connected to the Internet and the software protecting identity of the Internet users;
make use of the Services only by means of trusted devices and refrain from using the public Internet connections (e.g. public Wi-Fi connection);
refrain from saving Login or Password within the search engine;
refrain from using the identical Login and Password for the Account;
set other phrases than the obvious ones, e.g. “admin”, “qwerty”, “company name”, as a Password;
The Service Provider shall not be liable for:
User’s data being incorrectly entered,
lack of access to the Internet on the side of the User or its limitations;
limitations or malfunctioning of software or devices belonging to the User and which foreclose making use of the Service;
damages incurred and loss of profit on the side of the User or any Third Party caused as a result of the Password disclosure due to the User’s faulty conduct;
damages incurred and loss of profit on the side of the User or any Third Party resulting from the User’s actions or non-actions, in particular due to the improper use of the Application by the User,
damages incurred and loss of profit on the side of the User due to his/her illegal conduct or the Terms of Service infringement and whose Account has been disabled by the Service Provider;
damages incurred and loss of profit on the side of the User resulting from the actions or non-actions of any Third Party, not being a party of the Agreement, which could not be influenced by the Service Provider,
damages incurred and loss of profit on the side of the User resulting from the force majeure;
payments realised within the External Channel of Payments and the manner of data processing within the External Channel of payments,
damages incurred and loss of profit on the side of the User resulting from the provision of the User’s personal data to the legally authorized entities;
links to the websites belonging to the Third Parties. The websites belong to and are managed by their administrators or service providers. The Service Provider shall not be liable for their accessibility or quality.
The User shall make use of the Website and the Services provided by means of the Website at her/his own risk and responsibility.
The Service Provider shall have no control over the manner the User manages her/his Account nor over the materials he/she adds or marketing campaigns he/she makes. The Service Provider shall not modify the above content.
In the event that the Service Provider receives an official notification or actual knowledge on unlawful character of the data, including the User’s personal data, the Service Provider shall contact the User in order to get the situation explained and act in accordance with the Terms of Service (he shall order removal of the data and disable the Account, or, eventually, remove the Account) and binding law – notice and take down procedure.
The Service Provider’s pecuniary liability for his faulty execution or non-execution of the Agreement resulting in damages incurred and loss of profit on the side of the User shall be limited to the amount of the Account Payments made by the Account Owner. The User shall refrain from claiming the damages exceeding the above limitation.
The Website might contain links to the third party’s (third-party-owned or third-party-managed) websites. The Service Provider shall not be liable for their accessibility or quality.
The Service Provider cannot and shall not guarantee that the repair works due to Website and/or the Application and/or Landing Page failure be done within a certain time or that he shall take action concerning the repair works within a certain time so that the Website and/or the Application and/or Landing Page work properly again. Should the Account Owner require such a declaration, this shall require for a separate SLA to be concluded.
The complains shall be filed within 30 days upon the day when the damage occurs (e.g. malfunctioning of the Services) by electronic means. The complaint shall include the following data:
the description of the reason for the complaint as detailed as possible (including its time and place);
presumptive settlement of the complaint;
number of an invoice, if this is the subject of the complaint.
The complaints shall be settled at Our earliest convenience; however, this shall be no longer than within 14 days.
The day of the complaint filing shall be the day when the Service Provider receives the complaint.
The fact that the complaint has been filed shall not affect the Settlement Period nor provision of the Service.
The Account Removal
The Account may be removed in the Application. The Account Owner may remove Accounts of the Users he/she added at any time.
In the event of the Service being provided to the User within the Settlement Period, the Account shall be removed at the moment of dissolution of the Agreement, i.e. at the moment of the Settlement Period expiry. In the event of the Service being provided to the User within the trial period, the Account shall be removed by the Service Provider upon expiry of the 90-days period since the Registration.
The Data Controller respects the Users’ right to privacy his duty is to protect the security of their personal data. In order to fulfil his duties, the Data Controller inter alia makes use of the secured scrambling protocol during the Registration, logging in and making use of the Application (SSL).
The payments shall be operated with the External Channel of Payments, i.e. outside the Application. The personal data and/or credit card data required for the Fee payments shall be saved in the telecommunications network dedicated to the External Channel of Payments. For the purpose of the settlements, the invoice data shall be saved in the Application.
The User’s personal data shall be processed in the following manner:
In accordance with the provisions of the Polish Act of 29th August 1997 on personal data protection (in Polish: Ustawa z dnia 29 sierpnia 1997 r. o ochronie danych osobowych, published in the Dz. U. 2002 r. No 101 item 926 as amended) and related administrative acts;
Within the scope and purposes necessary to conclude, determine the content, modify the content, dissolve or realise properly the Agreement or proper provision of the Services provided by electronic means;
Within the scope and purposes necessary to fulfil legally justified purposes realised by the Data Controller, on condition that the data processing shall not violate rights or freedoms of the person whose data is processed.
Every User shall have full access to her/his data that is processed by the Service Provider. Each and every person shall be entitled to modify the data at any time.
The Data Controller shall not make the User’s personal data available to any entities except for those authorized to have such access on the basis of the binding law provisions (e.g. execution authorities).
The personal data might be removed due to:
dissolution of the Agreement;
retraction of the consent for or filing of a lawful opposition to the personal data processing.
The Service Provider declares that he shall store the Users’ data for the duration required by the binding law provisions and for the purposes of the future, prospective claims between the Parties or in relation to the binding law provisions (e.g. tax law).
The Data Controller shall not make the User’s personal data available to any entities except for those authorized to have such access on the basis of the binding law provisions.
The personal data in the Application shall be kept confidential and shall not be visible to other Users than the Account Owner and/or Manager.
In the event of the marketing campaign being launched by the User and gathering personal data by means of Landing Page, the User shall be obliged to obtain proper consent for the data processing and fulfil information obligations imposed on him/her by the provisions of the binding law. As far as Leads personal data is concerned, the Account Owner shall be the data controller and thus be liable for their processing. In this respect the Service Provider shall act solely as an intermediary who processes the data for and on behalf of the Account Owner as far as the telecommunications network is concerned.
The Website, Application and each Landing Page make use of the cookie files. The files in use process anonymous data on the use of the Website, Application and each Landing Page. These are the Internet analytics tools – the Service Provider’s own or external tools implemented by the User to the Landing Page. The files allow Us to improve functioning of the Website, Application and each Landing Page and adjust them better to the needs and expectations of the visitors. Both tools collect anonymous data, observe the tendencies without identification of unique users/visitors. Similarly to other services, the tools make use of their own cookie files to analyse actions undertaken by the visitors. The files are used to store the information on e.g. time of the beginning of the current session, the status of the visitor (if he/she is a new visitor or he/she has already been to the website), the manner the visitor accessed the website (if he/she has been referred to the website from the other website), the screen resolution and the manner of moving in the website.
Each visitor browsing the Website, Application and each Landing Page shall manage the cookie files by modification of his/her search engine settings. Should he/she wish not to make use of the cookie files, he/she shall disable the cookie files on his/her device or remove the files lastingly. However, he/she shall bear in mind that it could result in lower quality of the Service because the cookie files will no longer be collected and the information will no longer be read.
The User shall receive Notifications on significant aspects of the Application functioning from the Service Provider.
On the day when the termination of the Agreement shall become effective, the Account and all the data in the Account shall be removed.
Intellectual property rights
All rights to the Website and/or Application and/or the materials added to the Application by the Service Provider belong to the Service Provider.
It is forbidden to make such use of the Website and/or Application that infringes the Service Provider’s and/or any third party’s rights. In the event of IPRs infringement, the Service Provider shall undertake necessary legal steps against the infringer.
The sign “Landingi” in a form of a word and/or graphic identifies one of the Service Provider’s products and is used on the market in or in relation to business activities without any temporal nor territorial limitations. “Landingi” shall be deemed a commercial name of the Service Provider.
No element of the Website and/or the Application, including the “Landingi” logo, shall be used without the Service Provider’s written consent. In particular, the indications, trademarks, information on copyrights or other IPRs, or copyright notes must not be removed, covered, made unreadable or modified. It is also forbidden to copy, vend, disseminate, modify the materials outside the Application or to create derivative works on the basis of the materials available in the Application and make use of the derivative works outside the Application without the Service Provider’s written consent.
By addition of the materials by means of the Service, the User shall grant a nonexclusive license for the material to the Service Provider, for the duration of the Agreement, on the the following fields of exploitation:
uploading the content to the memory of an electronic device (e.g. computer), including telecommunications networks servers;
registration and/or copying, permanently or temporarily, by any available technique, entirely or partly, in unlimited number of copies, in particular by means of every known typographic, digital, magnetic, printing, visual, computer method, in any system, form, size and any device or carrier, also as a part of carriers exchange, including printing out, telecommunications networks and digital format;
making available to the public and/or privately as a part of provision of services by means of electronic communications, free of charge, regardless of territorial, temporal or linguistic limitations;
dissemination to the public or privately by any transmission media or devices, cable and non-cable transmission which serves to transmit signs, signals, sound and/or vision, permanently or temporarily, in any technological manner, free of charge, at a place and time of choice of the Users or any third party;
placing it on the Internet so that other Users and/or any third party may see it or sending it upon a request.
The Service Provider shall make the content of the Terms of Service available to the Users and sends the Terms of Service by means of a permanent carrier. The Terms of Service might be made available in any other manner, upon the User’s or Third Party’s individual request should there be a problem with its displaying or reading. If so, the Users are kindly asked to contact the technical assistance.
The Service Provider shall be entitled to introduce modifications to the Terms of Service. Each document shall indicate the date when it becomes effective.
The Users shall be informed through an email message sent to the email address ascribed to their Accounts on each substantial modification of the Terms of Service within at least 14 days prior to the date when the modifications will have become effective. The modifications of the terms of payment shall become effective no sooner than upon the expiry of the current Settlement Period.
In case of substantial modification of the Terms of Service specified in clause 3 hereinabove, every User may terminate the Agreement until the modification becomes binding. If the User does not notice the Service Provider on termination or does not terminate the Agreement within the period specified hereinabove, it shall be deemed that the User agrees on provision of the Services in accordance with the Terms of Service as modified.
Modification of the scope or type of the Services which is not contrary to the currently binding Agreement shall not be deemed a substantial modification of the Terms of Service. Modification of the Price List, however, shall be deemed substantial modification and shall become effective upon the expiry of the current Settlement Period.
The Services provided by the Service Provider consist in the data storage, including the storage of the personal data added by the Users. The Service Provider shall store the data or transfer them via the Internet solely in accordance with the Terms of Service.
In the event of a Third Party noticing the violation of rights, she/he shall be obliged to contact the technical assistance and send an official notification on the unlawful character of the data, including the User’s data.
In case of any subject matters not being covered by the Terms of Service, the applicable law shall be the Polish law (the applicable provisions) and/or the provisions applicable in the consumer’s place of residence.
In the event of any provision of the Terms of Service being declared to be null and void by the court, the other provisions shall survive.
Each and every dispute shall be settled in an amicable manner, in particular the Service Provider declares his willingness to participate in ADR (Alternative Dispute Resolution).
Each and every dispute between the Service Provider and the User who has paid the Fee for the Service and purchased it for his Enterprise shall be settled by the court having jurisdiction in the place of the Service Provider’s residence.
In the event of any doubts as far as meaning or wording of the Terms of Service is concerned, the Polish version is the original one and its wording shall prevail.