Terms and Conditions for Provision of Services by Electronic Means of Communication

I. Introduction

  1. These Terms and Conditions set out the general regulations for providing services offered through the NapoleonCat internet site, which is made available under URL: https://napoleoncat.com and through the NapoleonCat mobile application.
  2. Privacy Policy constitutes an integral part of these Terms and Conditions.
  3. Price List constitutes an integral part of these Terms and Conditions.
  4. These Terms and Conditions have been drawn up based on applicable provisions of the law, particularly:
    • The Civil Code – Act of April 23, 1964 (Journal of Laws of 1964, No. 16, item 1204 as amended, hereinafter referred to as the Civil Code);
    • Act of July 18, 2002, on providing services by electronic means (Journal of Laws of 2002, No. 144, item 1204 as amended, hereinafter referred to as the Act on Providing Services by Electronic Means);
    • Act of February 4, 1994, on copyright and related rights (Journal of Laws of 2006, No. 90, item 631 as amended, hereinafter referred to as the Act on Copyright).
    • Act of August 29, 1997, on personal data protection (Journal of Laws of 2002, No. 101, item 926 as amended, hereinafter referred to as the Act on Personal Data Protection).
  5. The terms used in these Terms and Conditions are defined as follows:
    • Application – the software made available by the Service Provider as a service which the User can use to manage their pages/accounts/profiles in internet services such as Facebook, YouTube, Twitter, Instagram, Linkedin, Google My Business, and perform activity analysis within those pages/accounts/profiles. The number and type of features of the Application made available to a given User depend on the service Plan the User has chosen.
    • Mobile Application – a software application for use with mobile devices that provides access to some of the features of the Application.
    • Price List – a document available on the Site which defines the amounts of fees for using the Services included in the given Plan. The Price List constitutes an offer of Service. Prices contained in the Price List are binding until a new Price List is published by the Service Provider.
    • Personal Data – personal data as per the Act on Personal Data Protection.
    • Registration Form – electronic registration form allows for setting up an Account and registering a new User on the Site to use the Services.
    • Password – individual sequence of characters selected by a User which, along with the Username, is used for logging in to the Account. A Password must consist of at least five characters.
    • Consumer – a natural person performing a legal deed not related directly to their business or professional activity.
    • Account – individual User’s Account, created by the Service Provider resulting from performing a Registration, allowing the User to take advantage of the Services provided through the Site.
    • Trial Account – individual User’s Account, created by the Service Provider as a result of Registration, allowing the User to take advantage of the Services provided through the Site for 14 days from the Registration date.
    • User’s Social Media Account – refers to an account/fanpage/profile/page, etc. within a given Social Media Site, which is to be connected to the Account to provide relevant Services;
    • Login – User’s electronic mail address, which, together with a Password, allows logging into the Account.
    • Newsletter – electronic bulletin containing information related to the activity of the Site (including commercial information) delivered to the User by electronic means of communication. The service mentioned above is provided upon a User’s previous order, which may be withdrawn by the User at any time.
    • Subscription Period – a period during which paid Services are provided by the Service Provider to a User within the scope of the selected Plan in exchange for a Subscription Fee, which amounts to one month or a multitude of a single month, depending on the option selected by the User or on individual agreements with the Service Provider.
    • Commitment Period – the period for which the User agreed to subscribe for the Service, or, in case of an order for more than one Subscription Period – the period until the end of the last of the ordered Subscription Periods.
    • Subscription Fee – remuneration for Services provided within the frame of a selected Plan for the given Subscription Period. Subscription Fees are specified in the Price List.
    • Service – a service provided to a User under an agreement for the provision of services concluded by the Parties, in particular consisting of making certain features available to the User within the Application. Types and scope of Services depend on the selected Plan.
    • Service Provider – Napoleon sp. z o.o. with its registered office in Szpitalna 8A/5 St., 00-031 Warsaw, POLAND registered within the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Registry under KRS#: 0000470410, with a share capital of PLN 4,115,200, VAT#: PL5213650977, the Website owner, providing services via the Website without the simultaneous presence of the parties using telecommunication network.
    • User – a natural person with full capacity for acts in law, legal person or an organizational unit having no legal personality but having legal capacity, who performed Registration and concluded with the Service Provider an Agreement allowing to use the Services upon payment.
    • Trial User – a natural person with a full legal capacity to perform legal action, legal entity, or organizational unit with no legal personality but having legal capacity, who performed Registration and concluded with the Service Provider an Agreement allowing them to use the Services free-of-charge for the period of 14 days.
    • Agreement – agreement for the provision of a particular Package of services by electronic means of communication. The Agreement is concluded upon Registration.
    • Plan – Services selected by the User, provided to them by the Service Provider throughout the agreed Subscription Period.
    • User Panel – a collection of features of the Application which allows for managing the Account (or Trial Account alternatively).
    • Privacy Policy – refers to the Privacy Policy for the Website
    • Payment – activity consisting of paying the price of the selected Package as provided in these Terms and Conditions.
    • Employee – a natural person authorized by a User to use the Application according to rights attributable to the User under the Agreement. Within the meaning of this definition, only a natural person – having full legal capacity, remaining in an employment relationship with the User, or rendering services to the User under a non-employment contract – can be referred to as an Employee. The User shall be liable for any acts and omissions of their Employees as if they were their own.
    • Regulations – these Terms and Conditions.
    • Registration – activity consisting of submitting appropriate data, including Personal Data, and filing an appropriate declaration of will, resulting in the conclusion of an Agreement and establishing an Account or a Trial Account.
    • Website – the NapoleonCat website maintained by the Service Provider, available under URL: https://napoleoncat.com.
    • Internet Services – websites and social media such as Facebook, YouTube, Twitter, Instagram, Linkedin, Google My Business, whose pages/accounts/profiles (depending on a given website) may be managed by a User and where the User may conduct an analysis of activities of such pages/accounts/profiles. The Application enables management and analysis of the Internet Services referred to in the previous sentence. However, the Service Provider may extend the operation of the Application to other Internet Services, and the User shall be informed about that.
    • Party – the Service Provider or a User.
    • Parties – the Service Provider and a User.

II. General terms and conditions on providing services by electronic means

  1. The Services are provided with the use of an IT system, which enables processing and storing, as well as sending and receiving data via telecommunication networks, in compliance with the Act on Providing Services via Electronic Means.
  2. The content of the Website is protected by law.
  3. The Website, the Application, and Services may be used only according to the rules and principles provided in these Regulations.
  4. Before Registering, you should become familiar with these Regulations, the Privacy Policy constituting an integral part hereof, and the Price List for NapoleonCat Services.
  5. To use the Service, the User should have a computer or a device with an installed software allowing to browse web pages and access to the Internet with no less than 1 Mb/s bandwidth. The Service can be accessed with the use of the most popular web browsers, i.e., Chrome version 60 or higher, Firefox version 55 or higher, Edge version 79 or higher, Safari version 11.1 or higher. A mobile device with iOS version 12 or higher or Android version 8 or higher with access to the Internet and no less than 1 Mb/s bandwidth is required to use the Mobile Application.
  6. An e-mail address is required for the purpose of setting up an Account.
  7. Names (including trade names), brands, descriptions, or trademarks published on the Website’s pages are protected by law. They may be used only upon authorized parties’ written consent. Any violation of such rights by the User may result in legal sanctions, including indemnity claims of the authorized entities.
  8. The Service Provider provides their services in and out of the territory of the Republic of Poland.

III. General terms and conditions for using the Website

  1. Use of the Services provided by the Service Provider is subject to payable fees, except for the Trial Account.
  2. Account Registration is required for using the Service.
  3. In order to use the Services, the User should particularly:
    • comply with these Regulations,
    • use the Application only within the scope allowed by an Agreement and these Regulations,
    • refrain from any activities that may hinder or disturb the operation of the Website or Application, and from activities that may hinder other Users’ use of the Service or Application,
    • refrain from activities interfering or attempting to interfere in the Service or Application,
    • refrain from any activities violating other Users’ rights.

IV. Exemption for Consumers

  1. The Website, the Mobile Application, and the Services are intended exclusively for entities that are not Consumers. This means that only an entity that, by concluding the Agreement, performs legal actions directly related to its business or professional activity, may become a Party to the Agreement.
  2. By accepting these Regulations, the User declares and confirms that by concluding the Agreement and using the Website, Mobile Application, and Services, they perform legal actions directly related to their business or professional activity.
  3. In case the Service Provider reveals that the User is a Consumer, the Service Provider has the right to dissolve the Agreement with immediate effect. The previous sentence does not exclude any claims of the Service Provider, particularly any claims related to making false statements by the entity, which concluded the Agreement or made efforts to do so.

V. Registration and conclusion of the Agreement

  1. Using the Services made available through the Website is possible only upon Registration.
  2. Registration of a User takes place by completing the Registration Form available on the Website.
  3. Fields of the Registration Form, which are required to set up the Account, are marked accordingly.
  4. After the Form has been filled and submitted, the Service Provider shall send to the User’s email address a confirmation of performing the Registration along with the information on creating a Trial Account. From that moment, the User may use the Trial Account for 14 days. The User shall be entitled to use the Trial Account on a one-off basis. Thus – after creating such Trial Account – they shall be entitled to use the account for a maximum of 14 days and shall not be allowed to open a Trial Account again.
  5. Upon completion of the Registration process, an Agreement is concluded between the Parties for a definite period. The Agreement for a definite period shall expire when the 14-day trial period expires unless the User extends the possibility of using the Services by making a fee for a selected Plan. In such a case, making the payment results in converting the Agreement from the one concluded for a definite period of time into the one concluded for an indefinite period.
  6. For the User to have the ability to use the Application, it is necessary to connect the Account with relevant User Accounts within external Internet Services, for which Services are to be provided through relevant data exchange interfaces.
  7. Depending on the terms for particular Internet Services, a User Account within an Internet Service may be assigned directly to a natural person acting on behalf of the User – for the purpose of these Regulations, such person is referred to as the User’s Employee. The User hereby declares and acknowledges that:
    • they undertake to obtain the consent of that Employee for connecting their User Account within the Internet Service with the User Account of the Application for the duration of the Agreement and use of the Application;
    • they certify and ensure that they are fully authorized to dispose of, manage and use the User Account within the Internet Service;
    • in case such an Employee must be replaced, they are obliged to notify the Service Provider and take all the necessary actions to make relevant changes within the Internet Service and the Application.
  8. The User hereby acknowledges that, by concluding an Agreement, they agree for the Service Provider to access the data in their User Accounts on Internet Services that may be managed/analyzed via the Application. The Service Provider shall use the data indicated in the previous sentence to render Services. The Service Provider may also process and use the above-mentioned data for the purposes of drawing up and publishing studies and analyses regarding Internet Services. Data used in such studies and analyses shall be anonymous, i.e., in particular, they will be published with no indication of the entity they concern.
  9. Upon expiry of the agreement for a definite period of time, the User’s Trial Account may be removed from the Website.
  10. The User is entitled to transfer any rights nor obligations under the Agreement concluded with the Service Provider, without the Service Provider’s consent expressed in a written form or otherwise being null and void.
  11. In case the Registration is performed by an Employee on behalf of the User and not by the User directly:
    • the Employee declares that they are authorized to conclude this Agreement on behalf of the User;
    • upon the request of the Service Provider, the Employee and the User are obliged to present proof of such authorization;
    • the Employee bears full responsibility towards the Service Provider in case this Agreement is concluded without proper authorization.

VI. User Account

  1. A registered User uses the Application and other Services offered within the selected Plan through the Account.
  2. The User uses the Application and Services included in a chosen Plan during a given Subscription Period.
  3. The scope of Services rendered within a given Plan is specified in the Price List available on the Website.
  4. The Service Provider hereby reserves the right to create individual Plans, where the scope of Services is to be determined on the basis of individual arrangements between the User and the Service Provider.
  5. The Account enables every User to use the User Panel to manage their Account.
  6. Through the User Panel, the User may use the features of the Application (the scope of available features depends on the chosen Plan).
  7. Logging into the Account takes place by submitting a Login and a Password. The Login and Password to the Account are confidential. In order to ensure proper protection of the Password, the User should change it at least once every month.
  8. Any violation of Login and Password confidentiality should be reported by the User to the Service Provider immediately upon finding out about such a violation.
  9. In case the Password is lost, a User may ask the Service Provider for a temporary Password allowing them to log into the Account. In order to obtain such a temporary Password, the User should use the mechanism available on the Account login page. The new Password shall be sent to the User’s e-mail address in the form of an activating link.
  10. It is prohibited to make one’s Account accessible to third parties, except for Employees of the User holding their individual Logins and Passwords. The possibility to extend access to the Account to the User’s Employees depends on the type of selected Plan.
  11. The User who selected a Plan, which allows for authorizing an Employee to use the Application, may do it in the Settings Tab of the User Panel – Employees. The User’s Employee gains access to the Account upon authorization. The User indicates which one of their Employees obtains the rights of the Account administrator, i.e. the person who can make significant changes regarding the Service in the management panel of the Application, according to the features of that panel. Indication of the Administrator means that the Service Provider gives a relevant authorization to that person.
  12. Through the Account, the User may perform any changes within the scope of all data entered by them and check the scope of used Services provided within the selected Package at any time.
  13. Provisions of this clause shall apply accordingly in case a User is using a Trial Account.

VII. Obligations of the User

  1. The User is obligated to get acquainted with the rules and regulations of the Internet Services, which shall be managed/analyzed with the Application by the User.
  2. The Service Provider shall not be liable for any content published on the Internet Services by the User with the use of the Application.
  3. It is prohibited to publish any content on the Website or the Internet Services which is violating any rights of any third parties, any legal regulations, community life principles, or good customs. In particular, the following content shall be deemed as inappropriate:
    • arousing or propagating racism, fanaticism, hatred, or any type of harm to any groups of people or individuals;
    • persecuting or supporting persecution of other people;
    • showing sexual abuse or violence against people or containing references to pornographic content;
    • containing information causing or constituting threat against any person’s privacy or safety;
    • containing information promoting illegal activities or behaviors, which are offending, constitute a threat, are obscene, defaming, or libelous;
    • violating a third party’s intellectual property rights;
    • containing links to pages with limited access or accessible only after giving the password, or containing hidden pages or pictures (i.e. unavailable form other available pages or not linked with such a page);
    • promoting or supporting criminal activities or undertakings or containing any instructions for illegal activity, violation of other party’s privacy, enabling or creating computer viruses;
    • containing trademarks or names owned by other parties, where the User has not submitted a consent to use, issued by the entitled entity;
    • violating or constituting an attempt to violate rights of privacy protection, rights to use, for commercial purposes, of personal interests, copyrights, trademarks protection rights, contractual rights, or any other rights of any person;
    • spreading propaganda and/or symbols of non-constitutional or illegal organizations.
  4. In case it is revealed that the User publishes inappropriate content referred to in item 6.3 above, or performs activities hindering or destabilizing the operation of the Website, the Service Provider shall be entitled to immediately block the possibility to use the Services, by the User, including the Application, of which the User will be notified by e-mail.
  5. In case the User does not cease the activities referred to in item 6.3 above, the Service Provider reserves the right to terminate the Agreement with immediate effect, resulting in the Service Provider’s right to delete the Account, of which the User shall be notified by e-mail. In case of deletion of the Account due to the User’s fault, the User is obliged to make payment for all of the ordered Subscription Periods until the end of the current Subscription Period, and payments for the ordered Subscription Periods shall not be reimbursed.

VII. Duration of the Agreement

  1. The default duration of a Subscription Period is one month. Upon registration, the User may define a different duration of the Subscription Period (being a multitude of 1 month), depending on the current service offer of the Service Provider.
  2. A User may order one Subscription Period upfront, or, if the current service offer allows, a greater number of Subscription Periods. The Period which includes the sum of all order Subscription Periods, constitutes the Period of Obligation.
  3. Any changes to the Subscription Period are possible only regarding future Subscription Periods with effect after the expiry of the current Period of Obligation, depending on the Service Provider’s current commercial offer.
  4. The first Subscription Period begins on the 15th day from setting up a Trial Account unless the User makes payment before that. In such cases, the Subscription Period begins on the day of making the first payment. If the conclusion of the Agreement is not preceded by setting up of a Trial Account Subscription Period begins upon Registration. If, after 14 days from the day of setting up a Trial Account, the User is not authorized to use the Services due to a lack of proper Payment, the Subscription Period begins on the day such Payment for the first Subscription Period starts.
  5. The Agreement is concluded for the duration of the Period of Obligation, i.e., until the end of the Subscription Period ordered by the User, or in case of orders for a greater number of Subscription Periods, until the end of the last of the requested Subscription Periods.
  6. After the Obligation Period runs out, the Agreement is automatically extended for another Subscription Period of the same duration as the last Subscription Period before the end of the Obligation Period, unless one of the Parties submits a notice of termination. The automatic extension of the Agreement in this mode is considered equivalent to placing an order for another Subscription Period by the User.
  7. In every instance, when the possibility to use the Application is to be extended, the User is obliged to make an upfront payment for the following Subscription Period.

IX. Payment for Services

  1. The User is obliged to make Payment for the ordered Services according to the selected Plan. The Payment is required for using the Services.
  2. The Service Provider may require that the User makes payments for the Services in an automated manner, in particular using the Service Provider’s ability to charge the User without their active involvement (e.g., by charging a credit card indicated by the User).
  3. Automated payments are processed by PayLane Sp. z o.o. with its registered office in 6/A3 Arkońska St., 80-387 Gdańsk, KRS#: 0000227278, or by Stripe Payments Europe Ltd., with its registered office in Dublin (Ireland), The One Building, 1 Grand Canal Street Lower.
  4. By selecting automated payments, the User agrees that the credit card account he provides is charged periodically.
  5. In case of a Trial Account, before the Agreement expires, the User shall receive a message in the User Panel informing them of the possibility to make an automated Payment for the first Subscription Period. Making the successful Payment is the condition for continuing provision of Services after the Trial Account expires. Before making the first Payment Parties of the Agreement may modify the Plan in order to determine the scope of Services to suit the User’s individual needs.
  6. Payment for the ordered Subscription Period shall be made in advance, no later than on the last day before the given Subscription Period begins. In case an order is placed for more than one Subscription Period, the Service Provider may require advanced payment for all of the ordered Subscription Periods.
  7. Upon successful Payment, the User shall be authorized to use the Application and the Account for the duration of the ordered Subscription Period.
  8. In case of making an automated Payment, the date of the Payment receipt to the Service Provider from the automated Payment operator shall be deemed as the Payment date.
  9. The Service Provider shall bear no liability towards a User for any delay in providing access to the Services within the selected Plan resulting from the improper or incomplete submission of the User’s, which enables making the required Payment.
  10. A User may change the selected Plan into another one at any time based on the above terms. Where the newly selected Plan is of a higher price than the current one, using the Services included in the different Plan shall be possible from the date following the day of receipt of Payment for such upgraded Plan in the Service Provider’s account. Where the change of the Plan consists of changing into a cheaper Plan than the current one, the change shall take place after the current Subscription Period expires, however not earlier than 14 days after selecting the cheaper Plan. Changing the Plan to one of a lower Price does not influence the Price for the current Subscription Period.
  11. In case when the Service Provider is obliged to return any funds to the User for any reason, such refund will be made by the same means as the Payment made by the User, unless the parties agree otherwise.
  12. The current Price List containing a specification of Services provided within the available Plans is placed on the Website. All Plan prices on the Website are presented in net amounts to which a proper amount of VAT is added according to the current rate.
  13. The Service Provider hereby reserves the right to change Plan prices specified in the Price List, of which they will inform on their Website. To avoid any doubts, the new payment rates shall not apply to Subscription Periods already paid for by the User. From the moment the Subscription Period for which the Plan was purchased expires, the User may purchase the next Subscription Period or terminate the Agreement.
  14. To receive a VAT invoice, the User shall be obliged to submit data necessary to issue an invoice, in particular their business name (name and surname in case of concluding the Agreement by a natural person not conducting business activity), address data and VAT tax ID (NIP). The User hereby agrees for issuing, sending, and enabling invoices in electronic form.

X. Intellectual property rights

  1. The Application constitutes work as per the Act on Copyright. The User shall be entitled to use and manage the Application in accordance with these Regulations and the Agreement.
  2. A User of the Application shall not be entitled to use it in a different scope than resulting from the Agreement and these Regulations. The above limitation shall not affect the User’s right to use the Application in the scope resulting from absolutely binding provisions of the law.
  3. Under the Agreement, the Service Provider grants to the User a payable, non-exclusive, non-transferable license to use the Application limited by the duration of the paid Subscription Periods, including its updates and new versions, without the right to sublicense the Application, in the following exploitation fields:
    • using the Application by the User (or persons authorized by the User, if a given Agreement grants them such right) on computers or other similar devices held by the User, via Internet, in time and location chosen by the User.
  4. Using the Application cannot exceed the scope referred to in the Regulations and the Agreement, notwithstanding technical abilities to use the Application differently. The User shall not be entitled to make any modifications to the Application. Using the Application shall be possible only with the use of tools provided for that purpose by the Service Provider, and within the scope, those features allow for.
  5. The User may use the Application only to manage and publish content on Internet Services, in which the User has the right to manage the content. The above also refers to using the Application with a Trial Account.
  6. Regardless of the used technical measures, the user is not authorized to allow third parties to use the Application (excluding situations where such rights are expressed i the Agreement) or to use the Application for any third parties’ purposes other than determined in clause 8.5 above.
  7. The User shall not have the right to change or remove information on copyrights or other intellectual property rights from the Website or the Application.
  8. The User hereby acknowledges that even small modifications of the Application may cause significant, unpredictable disturbances in its functioning. The User shall be liable for any changes of the Application made by them or by any person(s) authorized by the User for this purpose.
  9. Any use of the Application in excess of the scope referred to in these Regulations shall require express Service Provider’s consent made in a written or electronic form otherwise null and void.
  10. Performing the Registration is equivalent to granting the Service Provider consent to inform third parties about the fact that the User uses the Service Provider’s Services; including, in particular, giving the Service Provider consent to publish, without territorial limitations, including media, Internet, printing materials, audio and video, the User’s marks, such as, among other things, business name, and trademark identifying the User or its goods or services.

XI. Termination of the Agreement

  1. Both Parties may terminate the Agreement upon a one-month termination notice with effect at the end of the calendar month by submitting a relevant declaration via email to the other Party’s email address or in writing.
  2. Upon termination of the Agreement, the Service Provider shall be entitled to remove the User’s Account, including all data in the Application’s database. The Service Provider shall not remove data or contents introduced by the User via an Application to Internet Services.
  3. In case of termination of the Agreement by a User before ending of the Obligation, the Service Provider shall be entitled to a full Payment of the Subscription fee for all Subscription Periods until the end of the Obligation Period and shall not return any Subscription Fees made for that Period neither in part nor in full
  4. The Service Provider may terminate the Agreement with immediate effect by a declaration in electronic form to the User’s email address if the User:
    • violated or violates provisions of the Regulations
    • undertook or undertakes activities causing risk for data collected in the Website
    • undertook or undertakes attempt for unauthorized access to the Service
    • performed or performs illegal activities via the Website
    • acted or acts to the Service Provider’s detriment
    • submitted untrue data during Registration
    • violated or violates the Service Provider’s intellectual property rights, in particular, the Service Provider’s proprietary copyrights
    • violates rules (in specific bylaws) of using Internet Services
    • has not made a timely payment due to the Service Provider.
  5. In the case of termination of the Agreement due to reasons referred to in clause four above before the end of the Obligation Period, the Service Provider is entitled to receive Payment (or in case it has already been made to keep the Payment) of the Subscription Fees in full for all Subscription Periods until the end of the Obligation Period.
  6. In cases defined in clause four above, particularly in cases, the Payment term has been exceeded, the Service Provider is entitled to suspend the provision of Services until the fees are paid as per these Regulations and the requirements of the law, based on the following terms:
    • suspension may include particularly, at the will of the Service Provider, disallowing the User to use the Services, the Application or some of its features or limiting their ability to do so;
    • The User is obliged to make Payment of the Subscription fee for the entire suspension period;
    • the suspension does not exclude other rights of the Service Provider, particularly the right to dissolve the agreement.

XII. Information on particular risks related to using the service provided by electronic means

  1. Using the Website, Application, and Services takes place through the Internet, related to risks arising while using the internet network.
  2. Risks related to using the internet consist of, among others, the possibility to introduce to a device connected to the Internet a particular malicious software that may cause detriment, such as, among other things, “viruses,” „worms,” and “Trojans.” Concerning the above, it is recommended for a User to have up-to-date software counteracting such risks, such as anti-virus software and software protecting devices from third party unauthorized access (a so-called “firewall”).
  3. Risks are also caused by activities of third parties attempting to gain unauthorized access to devices and data without the User’s knowledge and contrary to their intent. To prevent such activities it is recommended to keep the Password giving access to the Account strictly confidential.

XIII. Complaints

  1. A User is entitled to submit complaints regarding provided Services. Complaints may be submitted in a written form to the Service Provider’s address indicated under URL: https://napoleoncat.com/contact or in an electronic form to the Service Provider’s e-mail address hello@napoleoncat.com.
  2. In a complaint, the User should specify the reason for their complaint and the scope of activities the User expects from the Service Provider.
  3. In case of recognizing the complaint, the Service Provider shall perform activities aimed at remedying the state constituting the base for the complaint or shall explain the reasons for refusal to acknowledge the complaint.

XIV. Personal data

  1. The User acknowledges and gives consent to the fact that the Service Provider may, in compliance with the Privacy Policy, process Personal Data of the User, their Employees and other persons acting on behalf of the User in relation to the use of the Application, provision of Services or any commercial agreements between the User and the Service Provider, including in particular any natural persons who have their assigned User Accounts in Internet Services, as well as people who contact the User in Internet Services.
  2. The User, as the controller of the personal data of their Employees and other persons as per item 1 above, is obliged to adhere to all legal requirements related to transferring or disclosing such personal data to the Service Provider. In particular, the User is obliged to provide each person mentioned in item 1 above with the contents or a link to the contents of the Privacy Policy and make sure that person confirms that they have become familiar with the policy.
  3. The user is obliged to comply with the above obligation in relation to the persons mentioned in item 1 above whenever the earliest of the below listed situations occurs:
    • before the given person registers as the User’s Employee within the Application;
    • before the personal details of such person are transferred by the User or another person acting on behalf of the User to the Service Provider;
    • before the Service Provider gains access to the personal data of such person in any way in relation to their use (or planned use) of the Services by the User.
  4. Upon the request of the Service Provider the User is obliged to present the Service Provider with documents confirming fulfillment of the obligations mentioned in item 2 above.

XV. Liability

  1. The Service Provider declares that the Website, the Mobile Application, and their Services may become temporarily unavailable due to necessary technical maintenance work regarding software of hardware such us, updating software, maintenance of hardware, periodical inspections, replacing elements of the system. Any downtime of the Website, the Mobile Application, or the Services may result from the unavailability or improper operation of the Internet Services or services provided by third parties, which the Service Provider uses, such as hosting services. Unavailability mentioned in this clause does not constitute any basis for any claims towards the Service provider.
  2. The Service Provider does not bear any responsibility for non-performance or improper performance of any obligations resulting from any causes beyond the control of the Service Provider.
  3. The User acknowledges that the scope of services and features of the Application is significantly dependable on technical, legal, and organizational conditions decided upon by the Internet Services. Those conditions may change, and the Service Provider has no control over the process of implementing those changes. Due to the above, the Service provider may not guarantee that the scope of possible Services and features will remain unchanged throughout the duration of the Agreement. The Service Provider does not bear any responsibility for the consequences of such changes in the scope of Services resulting from the changes of conditions for the provision of services by the Internet Services, and alterations of these Servies may not constitute a basis for any claims.
  4. Services are rendered on an “as-is” basis, i.e., with no guarantees or warranties of availability and functioning. In particular, the Service Provider does not guarantee in any way that:
    • Services will meet the requirements of the User;
    • The Services will be provided in an uninterrupted, timely, safe manner, free of any faults,
    • all information obtained by the User as a result of using the Services will be true and accurate;
    • any errors in the operation or functionality of the Application or any software used for the provision of services will be removed.
  5. No assurances apply to the Services provided (included any assumed guarantees as to the satisfactory quality, appropriateness, or compliance with the description), except for the cases when these assurances are directly indicated in these Regulations.
  6. To the broadest extent permitted by law, the liability of the Service Provider for damages, including those incurred by the User, in connection with the Services, the Application, the Mobile Application, or the Website is excluded. In particular, the Service Provider, its partners, suppliers, members of the Management Board, employees, associates or attorneys shall not, in any case, tell the User or other third parties for any damages, losses or lost profits, including, in particular, direct, indirect, pure financial losses, consequential damages (including, for example, loss of profits, revenues, business interruption, loss of data or computer programs, loss of reputation or good name, legal costs or court costs), including, in particular, damages resulting directly or indirectly:
    • from the use of the Services, Website or Application by or on behalf of the User, or any functionality, content, products or services distributed or provided on the Website or Services;
    • from relying on the completeness, accuracy of any advertising or marketing activities in connection with the Services;
    • from any changes that the Service Provider may introduce in the Services, or for permanent or temporary suspension of the provision of Services (or any functionality within the Services);
    • from removing or damaging any content maintained or transmitted through the Services;
    • from violation by the User of the obligation to keep secret the data required for logging into the Account;
    • from any failures or interruptions in the operation of the Website, Application or Services resulting from errors, data loss, defects, viruses, interruptions or delays in operation or data transmission, or for any other reasons.
  7. The exclusion of liability referred to in the preceding paragraph applies to liability, which may arise on any basis, including contractual, statutory, for tort, including for non-performance or improper performance. This exclusion of liability also applies if Service Provider has been expressly informed of the possibility of damage or should have foreseen such possibility.
  8. Irrespective of the above provisions and without prejudice to them, the limit of the Service Provider’s liability towards the User on any basis in connection with the Agreement, Regulations or Services, due to events taking place in a given calendar year, is equivalent to three times the average monthly Subscription Fee (or, in case of a Subscription Period exceeding one month – per month) from the last three months preceding the occurrence of an event justifying liability.
  9. The provisions of this “Liability” section are applicable to the fullest extent permitted by law.

XVI. Changes to these Regulations

  1. The Service provider hereby reserves the right to introduce amendments to the Regulations due to important reasons upon a 7-day notice in advance. The amendments shall enter into force after 7 days from the date of notifying the Users. However, an appendix introducing the amendments may include an indication of a longer period before particular modifications enter into force. The following provisions shall apply in respect to amendments:
  2. Changes to these Regulations may be introduced in particular (but not exclusively) for the following reasons:
    • the necessity to modify the Service Provider’s computer systems
    • change of the Service’s or Application’s activity processes, including modification, extension, or adding new functionalities of the Website or Application
    • modernization of the Website or Application
    • change in the processes of how Internet Services operate
    • adapting the Regulations, Website or Application to legal requirements, in particular to changes of law provisions
    • reasonable reservations submitted by Users.
    • other factual, legal, commercial, or organizational circumstances.
  3. Notifying Users on changes in these Regulations shall take place by an e-mail message containing the appropriate information and a link to the content of the amended Regulations and by placing the correct information on the Website and making available the uniform text of the amended Regulations on the Website.
  4. The User who does not agree to the amendments of the Regulations shall be entitled to terminate the Agreement within seven days as from receiving an email regarding the amendment to the Regulations. The User may submit a notice of termination in electronic form, by sending a message by email to hello@napoleoncat.com or in written form, by sending a notice of termination by post or courier mail to the Service Provider’s address. In case of the User’s submitting termination notice, termination shall take the effect of termination of the Agreement upon the end of the Obligation Period. In such case, these Regulations remain in force between the User and the Service Provider until the Obligation Period comes to an end.
  5. As regards the Users who perform Registration during the period between the amendments to these Regulations are published and enter into force, during that period, current provisions of the Regulations shall apply, and from the moment of entering the amendments into force – provisions of the amended Regulations apply. At the registration stage, such Users shall be required to give their consent to modify the Regulations. Due to the aforementioned reasons, the users shall not receive separate e-mail notifications on introducing amendments; moreover, with respect to such Users, no right to terminate the agreement shall apply due to the changed regulations.

XVII. Final provisions

  1. These Regulations and the Agreement are governed by the law of the Republic of Poland.
  2. Issues not regulated in these Regulations shall be governed by appropriate law provisions of the Republic of Poland, in particular provisions of the Civil Code, Act on Providing Services via Electronic Means, Act on Copyright, Act on Personal Data Protection and Act of 2 march 2000 on Protection of Certain Consumers’ Rights and on Liability for Damage Caused by a Dangerous Product (uniform text: Polish Journal of Laws of 2012, item 1225).
  3. Provisions of clauses 1 and 2 above shall be applicable only within such a scope, as choosing of the law of the Republic of Poland is legally permitted in a given case. Provisions of clauses 1 and 2 above, as well as other provisions of these Regulations, shall not violate provisions of different countries than the Republic of Poland, if contractual exclusion thereof is impossible (which may concern in particular provisions aimed to protect consumers). The preceding sentence shall not apply if, in a given case, it is permitted to exclude also such provisions of different countries because of choosing the law system according to clauses 1 and 2 above.
  4. Any disputes between the Parties, including in particular disputes regarding application, interpretation, non-performance, or improper performance of Agreements shall be subject to Polish Courts’ jurisdiction. Any disputes between the Service Provider and a User who is not a Consumer, in particular disputes regarding application, interpretation, non-performance or improper performance of Agreements shall be settled by the Court appropriate for the Service Provider’s registered address.
  5. Provisions of clause four above shall be applied only to the extent in which an agreement submitting disputes to the jurisdiction of Polish courts or – appropriately – agreement on submission of disputes to courts appropriate for the Service Provider’s business seat is allowed in a given case. Provisions of clause four above shall not violate law provisions otherwise determining jurisdiction or – appropriately – court’s local competence if such provisions cannot be exempted under clause four above.
  6. If these Regulations are made also in a non-Polish version, in case of discrepancies between different language versions the Polish version shall prevail.
  7. Regarding legal relationships between the Service Provider and the User, using the User’s contractual patterns shall be exempted (it regards in particular general conditions of agreements, contractual patterns, regulations, etc.).
  8. These Regulations are available on the page napoleoncat.com. A User may also download the content of the Regulations from the abovementioned page and save it on the User’s data carrier.