Terms of Service

These Terms of Service set out the rules governing the provision of services through the website and the platform.

Definitions

• Service Operator: Sugester sp. z o.o., Warszawa ul. Smulikowskiego 6/8, 00-389, KRS 0000546750, NIP 5213690735
• Platform: https://apps.sugester.pl
• Website: https://sugester.pl and its language versions
• Mobile Application: the version available on Google Play and iTunes
• Service: a service provided within the Platform
• Module: a distinct part of the Platform with specific functions
• User: an entity possessing legal capacity
• Agreement: a subscription-based service agreement
• Subscription: the fee for the provision of Services within a Billing Period
• Subscription Plan: a package of available features
• Trial Period: a 30-day free period from registration
• Billing Period: one year or another billing period
• Price List: the list available at sugester.pl/cennik
• Regulation: GDPR (EU 2016/679)

§1 Creating a User Account on the Platform

1. Registration and creation of an individual account is required to enter into an Agreement.
2. Registration is possible via the website or the Mobile Application.
3. Registration constitutes acceptance of these Terms of Service.
4. The moment of clicking the "Sign up" button is deemed as entering into the Agreement.
5. The User is obliged to provide a valid e-mail address.
6. E-mail address verification is required within 14 days; failure to verify may result in limited functionality.

§2 Trial Period

1. Upon registration, the User is entitled to a 30-day free access to features.
2. The Subscription Plan is determined during registration.
3. During the Trial Period, it is possible to switch between Plans; activating higher-tier features switches to a higher Plan.
4. After 30 days, the User is informed about the account status and the possibility of paying the Subscription or changing the Plan.

§3 Free Account

1. The User may use the "FREE" version without time limitation.
2. The "FREE" Plan is subject to monthly limits according to the Price List.
3. Limited elements are counted at the time of saving.
4. Unused limits do not carry over.
5. The User may switch to a paid Plan at any time.
6. A month means a calendar month.
7. Switching from a paid version to "FREE" does not entitle the User to compensation.

§4 Changing the Subscription Plan

1. A Plan change is possible at any time.
2. Switching from a higher to a lower Plan restricts functionality.
3. Such restriction may result in loss of access to data.
4. The Operator is not liable for data loss caused by a Plan change.
5. Exceeding limits requires account adjustment; functionality is blocked until adjustment is made.

§5 Paid Subscription

1. The User selects the Plan; the Operator does not charge any fees without the User's decision.
2. The User selects the Subscription option and indicates whether to issue a VAT invoice.
3. Invoice data must be correct, including the tax identification number (NIP).
4. A foreign User with a European tax identification number must provide that number.
5. The amount on the form is in accordance with the Price List and may be reduced by discounts.
6. A discount for the Subscription length may be combined with one promotional discount.
7. Discounts from separate promotional campaigns may not be combined.
8. A promotional discount is redeemed using a code; unused discounts do not carry over to subsequent periods.
9. Access to higher-tier features requires a Plan upgrade.
10. The Service is made available upon confirmation of payment receipt.
11. Information about the Period expiry date is visible in "Account Settings".
12. A renewal notification is sent 7 days before the Period expires.
13. Max and Enterprise Plans may include a package of developer hours.
14. The Operator may reject proposed solutions; the Operator may make commissioned features available to all users.
15. Unrealised work at the end of the notice period is settled as in the last month.

§6 Payments

1. A VAT invoice is issued after payment with the User's data.
2. The User is obliged to present a correcting note in the event of errors.
3. Delivery of an invoice is deemed accepted upon receipt by the mail server.
4. Costs for third-party services are borne by the User.
5. The day of payment is the date the amount is credited to the Operator's account.
6. The Operator reserves the right to change the Price List.

§7 Duration of the Agreement and Termination

1. The Agreement runs from account creation until termination; a Plan change does not require a separate declaration.
2. The User may terminate the Agreement in writing at any time without giving reasons.
3. The Operator may terminate without notice in the following cases:
   • The User has materially breached the terms of the Agreement
   • The User has acted to the detriment of the Operator, other Users or the Internet
   • The User has used the account contrary to its intended purpose
   • The User has acted unlawfully or posed a threat to data security
4. In the cases of §7 para. 2, 3 and §11 para. 7, no refund is due.
5. Only the account owner may delete the account; after deactivation, there are 7 days to restore it.
6. After 7 days without restoration, the account is automatically deleted without the possibility of data recovery.
7. The Operator is not liable for data loss caused by account deletion.

§8 Mobile Application

1. The Application is available on Google Play and the Apple App Store.
2. It requires a device running Android or iOS and Internet access.
3. Download is free of charge.
4. The scope of features may differ from the web version.
5. Access to full functionality requires logging in via a browser.
6. Registration is possible within the Application or by using an existing account.
7. The account in the web Platform and the Application is one and the same account.
8. Uninstalling the Application does not delete account data.
9. Account deletion requires the procedure set out in §7 para. 5.
10. Data transmission costs are borne by the User.
11. The Application is subject to copyright protection.
12. Users are obliged to use it in accordance with these Terms of Service.

§9 Technical Requirements

Internet access and a web browser (Firefox, Opera, Chrome, Safari, Edge) are required. The latest versions are recommended. Internet Explorer may limit access to certain features.

§10 Platform Updates

1. Updates are free of charge.
2. New features are available in selected Plans.
3. Updates may change functionality; significant changes are communicated via the Platform, e-mail, newsletter, blog or Knowledge Base.
4. Suggestions may be submitted on the forum or by e-mail to [email protected].
5. Updates are implemented in accordance with the intended purpose and the Platform development plan.

§11 General Obligations of the Parties

1. The Platform is available 24/7; the Operator reserves the right to short maintenance breaks.
2. The Operator undertakes to promptly repair defects; failure to repair within 7 days entitles the User to terminate the Agreement.
3. The User consents to receiving VAT invoices electronically.
4. The Operator enables sending electronic invoices; Users have the consent of their contractors.
5. The User is obliged to use the service without infringing the rights of third parties or good practices.
6. The User is the owner of the content; the Operator is not liable; the User is responsible for compliance with the law.
7. The Operator has the right to block access to data that infringes the law.
8. The Operator reserves the right to remove content that infringes the law.
9. The Operator is not liable for damages caused by:
   • Interruptions beyond the Operator's control
   • Incorrect functioning caused by the Operator's actions
   • Access by unauthorised persons
   • Lack of knowledge of the Terms of Service
   • Network threats (hacker attacks, viruses)
10. The Operator's liability is limited to the sum of fees from the last 3 years.

§12 Entrustment of Data Processing

1. The User acting as the data controller entrusts the Operator with the processing of personal data pursuant to Art. 28 GDPR.
2. Scope of "Entrusted Data": data of contractors (ordinary — First name, Surname, Tax ID (NIP), Personal ID (PESEL)) and employees (First name, Surname).
3. Processing solely for the purpose of providing the Service.
4. Processing using IT systems.
5. The Operator processes data from account creation until 30 days after account deletion (due to backups); this may be longer in accordance with the law.
6. Upon termination of the Service, the Operator deletes data and copies; unless the law imposes a retention obligation.
7. The Operator undertakes to exercise due diligence in accordance with the GDPR and Art. 32 (technical and organisational measures).
8. The Operator authorises persons processing data and obliges them to maintain confidentiality (Art. 28(3)(b)).
9. The Operator assists the User in fulfilling obligations towards data subjects (Chapter III GDPR) and Art. 32–36.
10. The Operator reports breaches to the data controller without undue delay.
11. The User as data controller has the right to audit (Art. 28(3)(h)); Monday–Friday 9 AM–5 PM, with 7 days' notice.
12. The Operator provides information demonstrating compliance with its obligations.
13. In the event of deficiencies, the Operator is obliged to remedy them within 14 days.
14. The data controller may terminate the Agreement immediately if the Operator fails to remedy deficiencies or processes data unlawfully.
15. The Operator entrusts data for further processing to entities in the EEA and third countries (Art. 45 GDPR).
16. Data is entrusted only for the purpose and within the scope of the Agreement with the consent of the data controller.
17. The Operator has a data processing agreement with the entities referred to in para. 15.
18. Transfer to a third country without an adequate level of protection only at the instruction of the data controller (unless required by law).
19. The Operator informs the data controller of any legal obligation to transfer before commencing (unless prohibited by law).

§13 Data Controller

Sugester sp. z o.o., ul. Smulikowskiego 6/8, 00-389 Warszawa, Poland.

§14 Scope of Data and the Time of Collection

1. Upon registration, the User provides: e-mail, login, password; optionally: photo, first name, surname, other e-mails.
2. The Operator uses additional data from the User/device for comprehensive services.
3. The Operator processes data from device–browser interactions (§19).
4. Processing period: from account creation to 30 days after deletion (backups); may be longer in accordance with the law.
5. The Operator informs Users about data collection; where required — requests consent.

§15 Purpose of Data Processing

1. Data is processed for the following purposes:
   • Service provision: operation, billing, documents, verification, notifications
   • Support and assistance: customer contact, providing help; data access available in "Settings"
   • Invoicing and accounting: invoices, archiving in accordance with Polish/EU law, diagnostics, administration
   • Service information and marketing: new features, integrations, legal changes, discounts, promotions, personalisation; the User has GDPR rights; where consent is required — it will be requested
   • Security and protection: preventing abuse and fraud, detecting law infringement, authority requests, legal compliance
   • Statistics and development: understanding behaviour, preferences, generating statistics
   • Integrations: processing access data for integrated applications (invoices, payments)
   • Other: the Operator informs about other purposes and requests consent where required
2. The Operator applies technical and organisational measures in accordance with the law, GDPR, and SSL encryption.

§16 Suggestion Forum

Comments may be anonymous or private; the Operator decides on the publication of the author's name and content.

§17 Contact with the Data Controller

Sugester sp. z o.o., ul. Smulikowskiego 6/8, 00-389 Warszawa
[email protected]
[email protected]

§18 Contact with the Data Protection Officer

Sugester sp. z o.o., ul. Smulikowskiego 6/8, 00-389 Warszawa
[email protected]

§19 Cookie Policy and Pixel Tags

1. Use requires acceptance of the Policy; cookies are text files containing information for websites.
2. The Operator collects and stores information that may contain personal data using cookies and pixel tags.
3. Cookie activity period:
   • Temporary: automatically deleted after expiry
   • Persistent: active until deleted by the User
4. The User has the right to view, delete and restrict cookies in the browser.
5. Deleting cookies may affect the functioning of the Platform.
6. Cookies and tags may be used by third parties (Google, Facebook) for advertising.
7. The Operator uses:
   • Technical: necessary for functioning (session, performance)
   • Third-party: placed by external services
   • Statistical: gathering statistics
   • Advertising: campaigns, ad personalisation

§20 Complaints Procedure

1. Complaints by e-mail: [email protected] or by post: Sugester sp. z o.o., ul. Juliana Smulikowskiego 6/8, 00-389 Warszawa, Poland.
2. Response time: 14 days from receipt.

§21 Dispute Resolution

1. The User has the right to out-of-court dispute resolution through the EU ODR platform (http://ec.europa.eu/consumers/odr).
2. Disputes are resolved amicably; if no agreement is reached — by the court having jurisdiction over the Operator's registered office.

§22 Amendment of the Terms of Service

1. The Operator reserves the right to amend these Terms of Service; Users will be notified.
2. These Terms of Service are effective from 22 May 2018; they supersede all previous arrangements regarding data processing.