TERMS AND CONDITIONS OF THE PROVISION OF ELECTRONIC SERVICES BY SYBILLA TECHNOLOGIES |
version dated 12th of April 2024 |
§1 [GENERAL PROVISIONS] |
1. The terms used in these Terms and Conditions have the following meaning: |
a. Terms and Conditions – these Terms and Conditions of the Website, |
b. Website – website www.sybillatechnologies.com, managed by the Service Provider consisting of a set of IT devices, including in particular software and server solutions, which allow Users to use the resources of the Site via the Internet, |
c. Party – the Service Provider or the User, |
d. Content – any data, products or services available through the Website, |
e. Service Provider/We – Sybilla Technologies limited liability company with its registered office at: Toruńska 59, 85-023 Bydgoszcz, entered into Registry of Entrepreneurs of National Court Registry held by the District Court in Bydgoszcz, XIII Commercial Division of National Court Registry under KRS No. 0000397835, NIP: 9532632892, REGON: 341190982, share capital: 100.000 PLN, |
f. Consumer – a natural person making a legal action not directly related to his/her economic or professional activity, having additional rights, resulting from the provisions of the act of 30th May 2014 on consumer rights (consolidated text of 2020.02.21, Journal of Laws of 2020.287 as amended), |
g. User/You – an entity using the Website. |
2. The definitions indicated in clause 1 shall apply both to the singular and plural of the phrase, unless the content of the particular provision indicates otherwise. |
3. These Terms and Conditions have been introduced by us in order to comply with the requirements indicated in the Act of July 18, 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344, as amended) and constitute an agreement for the provision of services by electronic means, concluded between You and us, the subject of which is the provision of services by electronic means under the principles specified in these Terms and Conditions, in particular specifying the rules for Your use of the Website. |
4. The Service Provider within the meaning of the Act of 18 July 2002 on the provision of electronic services and these Terms and Conditions is: Sybilla Technologies limited liability company with its registered office at: Toruńska 59, 85-023 Bydgoszcz, entered into Registry of Entrepreneurs of National Court Registry held by the District Court in Bydgoszcz, XIII Commercial Division of National Court Registry under KRS No. 0000397835, NIP: 9532632892, REGON: 341190982, share capital: 100.000 PLN. |
5. You can communicate with us using the contact information indicated below: |
a. address: ul. Toruńska 59, 85-023 Bydgoszcz, |
b. e-mail address: |
c. phone number: +48 792 356 675. |
6. Telephone contact with the Service Provider is possible during business hours: 8:00-16:00 UTM. |
§ 2 [TERMS OF SERVICE] |
1. The Website is used to: |
a. familiarization with the Content published within the Website, |
b. learning about our products and services, |
c. contacting us. |
2. As a User of the Website, You are not obliged to pay any remuneration to us. At the same time, we point out that some of our products and services may be offered for a fee. We would like to inform You that the sale of such products or provision of services is based on separate agreements. |
3. You may consent to receive commercial information within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services and the provisions of article 172 of the Telecommunications Law, in the form of a newsletter. The newsletter involves us sending, to your e-mail address, messages containing information about our activities, including products or services. The frequency of sending the newsletter as well as the scope of information it contains is the subject of our decision. You can unsubscribe from the newsletter at any time by unsubscribing via the link included in each e-mail sent as part of the newsletter or by contacting the Service Provider directly. Subscription to the newsletter is voluntary. |
§ 3 [TECHNICAL REQUIREMENTS] |
1. The use of the Website is possible only with devices that meet the technical requirements specified below: |
a. general requirements: |
i. connection to the Internet, including access to an Internet connection with an actual bandwidth of at least 2 Mbps, |
ii. enabling cookies in a web browser, |
b. requirements when using the Website using a web browser: |
i. having a processor with a speed of min. 2.0 GHz |
ii. having a Microsoft Windows 10 or later operating system with updates and security patches installed, a Linux family operating system covered by current technical support, or a macOS system covered by current technical support with updates and security patches installed, |
iii. having a Google Chrome 80 or later, or Mozilla Firefox 90 or later browser, |
iv. enabling JavaScript in a web browser. |
c. requirements when using the Service with a mobile device: |
i. operating system iOS 12 or later, |
ii. operating system Android OS 6.0. or later, |
iii. the mobile device’s support of web browser functionality. |
2. The cost of connecting the device to the Internet shall be based on the contract between the You and the relevant telecommunications operator. |
3. We indicate that the use of the provision of electronic services may involve the existence of threats such as the activity of online criminals, attempts to extort data or payment means, viruses and other malware. Accordingly, we recommend that You use safeguards adequate to the risks, such as: |
a. blocking access to Your device with a password or PIN, |
b. having antivirus software with an updated virus database, |
c. having an updated operating system, |
d. verifying that You are providing Your personal data on the correct website, in particular by checking the correctness of the URL and verifying that the connection to the website is encrypted. |
4. We shall make every effort to ensure the correct and uninterrupted functioning of the Website. In any case, we will make every effort to reduce the negative effects of the technical failures or technical errors that have occurred as much as possible. |
5. We reserve the right to make temporary suspensions of services for periodic technical interruptions, including those caused by updates, technical changes or bug fixes. You will receive information about the suspension of services directly within the Website. Notwithstanding the above, in the event of the need to carry out technical interruptions due to sudden and unforeseen circumstances, including technical failures, we shall have the right to carry out such interruptions without prior notice to You. |
6. We shall make every effort to make periodic technical interruptions as convenient as possible for You. We shall plan them for the night hours, if possible. |
7. We shall not be liable for technical failure or technical error arising through no fault of us, including, in particular, due to improper provision of services by Internet access, server or cloud service providers. |
§ 4 [PROHIBITED ACTIVITIES] |
1. Since the Content, posted within our IT infrastructure, is publicly available on the Internet, it must not violate the law or the rules of social intercourse. Accordingly, You, as a User, may not use our services: |
a. for the purpose of posting, storing or sending content that violates criminal laws, including trafficking in drugs or other prohibited substances, committing fraud, money laundering, terrorist financing, possession or distribution of child pornography, human trafficking or participation in organized crime groups, |
b. in a way that violates the personal rights of others, slandering or insulting them, violating the good name or slandering a person in the eyes of others, to distribute photos, images of people without their consent, unless such consent is not required under applicable law, |
c. in a manner that infringes copyright or other intellectual property rights, including for the distribution of audio, visual, graphic works or computer software without the permission of the creator or any owner of such rights, |
d. for the purpose of creating or disseminating materials that constitute hate speech, in particular, inciting hatred against specific individuals or groups on the basis of their origin, nationality, skin color, sexual orientation, religion, political or social views, |
e. to send spam or other types of unsolicited marketing information or to send messages using automated algorithms and bots, |
f. for the purpose of sending, creating or performing operations with malicious software, in particular ransomware, spyware or other types of computer viruses, |
g. in a way that results in violations of other laws. |
2. Any person may report to us that someone has posted Content within our IT infrastructure that violates clause 1 above. The report referred to above may be made by e-mail sent to our e-mail address indicated in § 1 clause 5 of the Terms and Conditions. |
3. We reserve the right to immediately suspend the provision of services by electronic means and block access to the Website in the event of receipt of an official notice or request from a public administration authority or other authority authorized to do so, or a Polish or foreign court, or credible news of the use by the User of services provided electronically in a manner that is contrary to the law, the provisions of these Terms and Conditions, which may give rise to legal liability (in particular, civil or criminal), or which may lead to the violation of the rights of third parties, until clarification of all the circumstances associated with the received notice, request or credible news. |
§ 5 [INTELLECTUAL PROPERTY RIGHTS] |
1. The Website and all materials made available on the Website, in particular Content, graphics, publications, descriptions, layout, are works, protected by the provisions of the act of 4th February 1994 on copyright and related rights. Copyright to the indicated works is vested in us or our subcontractors, authors of publications or other third parties. We declare that we are authorized to post the works within the Website. |
2. We declare that the execution of the provisions of these Terms and Conditions, including the use of the functionality of the Website by the Users, will not constitute a violation of any rights or property of third parties. |
3. By gaining access to the Website, You do not acquire proprietary copyrights to the Website and the works included in its content. |
4. All property rights to the Website and their elements indicated in clause 1 and all rights related thereto (including all adaptations and copies) shall remain the property of the Service Provider. |
5. Copying, translation, development, distribution in any form or processing of distributed works is possible only under the conditions specified by law, or after obtaining our written consent or consent of the other person who has copyrights to works and content presented on the Website. |
6. The source code of the Website constitutes and contains our company secrets. You agree not to perform actions to learn the source codes, in particular, they agree not to reproduce, decompile or disassemble, obtain or change the source code, use it in whole or in part for other use or educational purposes. |
7. In the event that You post content within the Website that constitutes works within the meaning of the provisions of the act of 4th February 1994 on copyright and related rights, You grant to us a non-exclusive, royalty-free license, valid throughout the world in terms of reproduction, recording and storage of works within the server or cloud infrastructure used by us. |
§ 6 [COMPLAINTS] |
1. You may file a complaint regarding the services provided by us, in particular the malfunctioning of the Website. You may file a complaint electronically to our e-mail address specified in § 1 clause 2 of the Terms and Conditions. The content of the complaint should include: |
a. Your name and surname, |
b. Your e-mail address, |
c. description of the issue, |
d. Your requests. |
2. If the information contained in the complaint is incomplete and insufficient to recognize the complaint, we may ask You for additional information before processing the complaint. |
3. The submitted complaint will be answered within 14 days of receipt. The answer to the complaint will be sent to the e-mail address You provided in the submitted complaint. |
§ 7 [LIABILITY] |
1. Our liability for the provision of services indicated in these Terms and Conditions is excluded to the fullest extent permitted by law. The Parties exclude the Service Provider’s liability under warranty for physical and legal defects of the Service. The exclusion of a liability does not apply to Consumers. |
2. Users: |
a. are solely responsible for the content that they have posted within the Website, |
b. bear sole responsibility for adequately securing access to the devices on which the Website can be used (in particular, by means of passwords and PIN numbers), |
c. agree not to rent, lease, license, distribute, transfer, make available for free, copy for resale, reproduce, modify or share the Website and any materials and rights related to the Website (including all adaptations and copies) or documentation, |
d. agree to use the Website and all materials and rights related to the Website in accordance with these Terms and Conditions, |
e. are not entitled to make any changes, corrections, modifications in the Website and any materials and rights related to the source code of the Website (including all adaptations and copies), |
f. shall not have the right to make or permit to be made copies of the Website and any materials and rights related to the source code of the Website, except as expressly permitted by these Terms and Conditions or applicable law and only to the extent of such permission. |
§ 8 [CONSUMER RIGHTS] |
1. If You are a Consumer, you have the right to use methods of amicable resolution of disputes. |
2. Detailed information regarding Your possibility to use out-of-court methods of handling complaints and pursuing claims and rules for access to these procedures are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following websites of Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php; www.uokik.gov.pl/sprawy_indywidualne.php www.uokik.gov.pl/wazne_adresy.php. |
3. If You are a Consumer, You have the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims: |
a. You are entitled to apply to a consumer court of arbitration referred to in art. 37 of the act of 15th December 15 2000 on the Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded agreement. The regulations for the organization and operation of consumer courts of arbitration are set out in the Regulation of the Minister of Justice of 25th September 2001 on determining the regulations for the organization and operation of permanent consumer arbitration courts (Journal of Laws 2001, No. 113, item 1214); |
b. on the website www.ec.europa.eu/consumers/odr there is a platform for an online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales agreement or service provision agreement. |
§ 9 [PERSONAL DATA PROTECTION] |
1. We collect and process the personal data You provide in accordance with applicable laws and in accordance with our privacy policy available at the link: https://sybillatechnologies.com/privacy-policy/ |
2. The Website uses cookies in accordance with Article 173 (1) of the Act of July 16, 2004. Telecommunications Law. Detailed rules for their use and how You can opt out of receiving them are described in the content of the privacy policy. |
§ 10 [FINAL PROVISIONS] |
1. We reserve the right to change the provisions of the Terms and Conditions. The change becomes effective on the date specified by us, no less than 14 days from the moment of publishing the information about the change. |
2. In matters not regulated by the Terms and Conditions, the relevant provisions of Polish law shall apply. |
3. Any disputes arising in connection with the content of the Terms and Conditions will be resolved by the court having jurisdiction over the Service Provider’s office. This limitation does not apply to Consumers. |
4. If any provision of the Terms and Conditions is declared invalid by a final court decision, the remaining provisions shall remain in force. |