Regulations

Regulations
Terms of Service for Access to the Sales4Team Platform

Effective from September 1, 2024

I. Preliminary Provisions

1. The Terms of Service for Access to the Sales4Team Platform (hereinafter referred to as the "Terms" and the "Service," respectively) govern the rules for using the tools of the Sales4Team Platform, available at www.sales4team.com (hereinafter referred to as the "S4T Platform").

2. The owner of the S4T Platform is AMG Poland sp z o.o., NIP 6762565749, REGON 383296682, with its registered office in Kraków, ul. Henryka Siemiradzkiego No. 27 Apt. 16, 31-137 Kraków, Poland, European Union, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków Śródmieście, XI Economic Division of the National Court Register, under number KRS 0000785111, with fully paid share capital of PLN 10,000 (hereinafter referred to as the "S4T Operator").

3. The email address for electronic communication with the S4T Operator is: [email protected]

4. These Terms constitute terms and conditions as understood under Polish law (Article 8 of the Act of July 18, 2002, on the provision of electronic services).

5. The S4T Operator reserves the right to introduce changes to the Terms at any time. The current version of the Terms is available at www.sales4team.com, where the Client can download the Terms in PDF format.

6. Using the S4T Platform requires the Client to have an IT system that meets at least the following technical requirements:
   a) access to the Internet,
   b) the ability to use a standard web browser, with settings that allow the handling of encrypted connections,
   c) access to an email account, the address of which has been provided to the S4T Operator.

7. Definitions of terms used in the Terms:
   a) Client - An Entrepreneur or Consumer entering into a Service Agreement with the S4T Operator,
   b) Agreement - The Service Agreement between the Client and the S4T Operator, which constitutes a distance contract as defined by Polish law (Article 2, point 1 of the Consumer Rights Act of May 30, 2014, Journal of Laws 2014, item 827) or an agreement concluded in written or documentary form,
   c) Entrepreneur - A natural person, legal person, or organizational unit without legal personality conducting business or professional activities in their own name, as defined by Polish law (Article 43 of the Civil Code, Journal of Laws 2019, item 1145, as amended) or the laws of the country in which they are registered,
   d) Consumer - A natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity, as defined by Polish law (Article 221 of the Civil Code, Journal of Laws 2019, item 1145, as amended),
   e) Privileged Entrepreneur - A natural person entering into an agreement with the S4T Operator directly related to their business activity, but which does not have a professional character for them,
   f) Party - The Client or the S4T Operator, individually,
   g) Parties - The Client and the S4T Operator, collectively,
   h) Working Hours - Business days in Poland from 9 AM to 3 PM,
   i) Fee - The payment due to the S4T Operator for the Service, payable in advance based on the current Price List of the S4T Operator or according to a separately concluded Service Agreement,
   j) Price List - The pricing offer presented by the S4T Operator to the Client prior to entering into the Agreement,
   k) Offer - Information about prices, promotions, discounts, free trial periods, and other details presented to the Client in the Client Panel or on the website www.sales4team.com,
   l) Client Panel - An access panel allowing the Client to create an Individual Account on the platform crm.sales4team.com,
   m) Individual Account - An account in the Client Panel assigned exclusively to the Client, linked to the Client's email address, enabling the setup of Service parameters and the execution of the Agreement,
   n) Payment Operator - Stripe Payments Europe Limited, based at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland, an online payment operator providing a transactional service for handling online payments made by the Client,
   o) Force Majeure - An external event that cannot be prevented even with due diligence (e.g., natural disaster, act of nature, war, riots, actions of authorities, actions of third parties, etc.),
   p) GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation), together with national data protection regulations, including the Personal Data Protection Act of May 10, 2018 (Journal of Laws 2019, item 1781, as amended),
   q) Login - A unique Client identifier required for identification during the use of S4T,
   r) Password - A private and confidential key of the Client used to prevent unauthorized access to S4T.

II. Access Rules for the Service

1. The S4T Operator provides the Service electronically in accordance with the provisions of Polish law (the Act on the Provision of Electronic Services of July 18, 2002).
2. Sales4Team is a modern platform utilizing advanced technologies to offer Clients a simple, intuitive experience on the S4T Platform and to ensure the highest level of security in using the S4T Platform.
3. Using the S4T Platform requires the Client to create an Individual Account. To create the Individual Account, it is necessary to provide the Client's personal data. The Client will receive a Login and Password for their Individual Account.
4. Providing the required data for creating an Individual Account is entirely voluntary; however, failure to provide it will prevent access to the S4T Platform and the conclusion of the Agreement. The Client declares that the data provided is accurate. The Client is responsible for providing false data and any resulting consequences.
5. By creating an Individual Account, the Client confirms, by checking the relevant boxes (checkboxes), that they have read and accepted the following documents:
   a) Terms of Service for Access to the Sales4Team Platform
   b) Privacy Policy
   c) Data Processing Agreement
6. During registration, the Client sets their own unique Password for the Individual Account. The Client is responsible for safeguarding their Password and must not disclose it to unauthorized individuals. AMG is not responsible for unauthorized use of the Client's Individual Account if the Client's negligence results in the Password being compromised.
7. Activation of the Individual Account by the Client is equivalent to entering into an Agreement between the Client and the S4T Operator for the provision of the Service, which involves granting the Client access to the functionalities of the S4T Platform.
8. The Individual Account allows the Client to add other users who can use the S4T Platform on behalf of the Client. The Client is responsible for the actions of the users they add as if they were their own.
9. A Client who is not a Consumer or Privileged Entrepreneur acknowledges that they are not entitled to withdraw from the Agreement under the provisions of Polish law (the Consumer Rights Act of May 30, 2014).
10. A Client who is a Consumer or Privileged Entrepreneur may withdraw from the Agreement within 14 days of signing it, without providing any reason, by submitting a withdrawal statement to the S4T Operator.
11. The withdrawal statement can be sent electronically to [email protected] or by traditional mail to the address of the S4T Operator. The statement can be made using a form, the template of which is attached to the Consumer Rights Act of May 30, 2014, though this is not mandatory.
12. Effects of Consumer or Privileged Entrepreneur Withdrawal from the Agreement:
    a) in the event of withdrawal from a distance Agreement, the Agreement is considered void,
    b) In the event of withdrawal, the S4T Operator will promptly, but no later than 14 days from receiving the withdrawal statement, refund all payments made by the Consumer or Privileged Entrepreneur, subject to Section 12d.
    c) The refund will be made using the same payment methods that were used by the Consumer or Privileged Entrepreneur in the original transaction, unless the Consumer or Privileged Entrepreneur explicitly agrees to a different method that does not involve any additional costs for them.
    d) If the Consumer or Privileged Entrepreneur withdraws from the Agreement before the 14-day period, they are obligated to pay for the services provided up to the moment of withdrawal.
13. The right to withdraw from a distance Agreement does not apply to the Consumer or Privileged Entrepreneur concerning a Service Agreement if the S4T Operator has fully performed the Service with the explicit consent of the Consumer or Privileged Entrepreneur, for example, by indicating in the Agreement a service start date shorter than 14 days from the date of the Agreement.
14. The S4T Operator has the right to terminate the Agreement immediately and block the Client's Individual Account without the right to a refund if the Client uses the Service in violation of:
    a) the Agreement or the Terms,
    b) the law,
    c) actions that harm the S4T Operator,
    d) actions that harm third parties, particularly other Clients of the S4T Operator.
15. While using the Service, the Client is obligated to refrain from any unlawful actions, particularly:
    a) using the Service directly or indirectly for purposes that violate the law or for the purpose of breaking the law,
    b) using the Service in a manner contrary to the Terms, good customs, or generally accepted principles of Internet usage,
    c) using the Service in a way that violates the rights of the S4T Operator, other Clients, or third parties, especially by providing false or third-party data, impersonating others, or abusing the rights they have,
    d) unauthorized modification of available systems,
    e) unauthorized login to the Service, for example, by using someone else's credentials.
16. If access to the Service is restricted for reasons attributable to the Client, the Client is not entitled to a refund or reduction of Fees for the period during which access to the Service was restricted.

III. Terms of Service Provision

1. When a Client creates an Individual Account, they receive access to the Client Panel in a basic free version.
2. The Client may choose an extended paid version in the Client Panel, which is billed according to the Offer's terms. When selecting the extended paid version, the Client designates the payment method through the Payment Operator.
3. The subscription fee for the Service will be automatically charged at the start of each period specified in the Offer.
4. Invoices for subscription fees will be generated by the Payment Operator after the payment is made.
5. Failure to fully utilize the Service in the chosen extended version does not entitle the Client to a full or partial refund of the fee.
6. Online payments are processed by the Payment Operator.
7. The S4T Operator commits to providing the Service according to the terms of the Agreement and Terms of Service, while the Client agrees to comply with the provisions of both the Agreement and the Terms.
8. The S4T Operator grants the Client a free, non-transferable, and non-exclusive license to use the software provided through the S4T Platform. This license is solely intended to allow the Client to use S4T as permitted by the Agreement and Terms.
9. The S4T Operator reserves the right to periodically maintain or update the S4T platform. The Operator will make every effort to minimize the impact of these actions on access to S4T.

IV. Disclaimer of Liability

1. The S4T Operator is not responsible to Clients for any legal, financial, reputational, or other consequences that may arise while using the S4T Platform.
2. The S4T Operator is not liable for limitations or suspension of tools available on the S4T Platform caused by changes implemented by third parties (e.g., service providers used by the Client).
3. The S4T Operator is not responsible in the following cases:
   a) restrictions or interruptions in access to the S4T Platform due to factors beyond the Operator's control,
   b) damages caused by unauthorized access to the S4T Platform resulting from the Client's negligence,
   c) damages resulting from the Client's violation of the Terms or legal regulations,
   d) damages caused by Internet risks (e.g., hacking, viruses).
4. The S4T Operator is not liable for failure to perform or improper performance of obligations under the Agreement and will not be held responsible for property or personal damages resulting from acts of Force Majeure. Force Majeure includes events beyond the S4T Operator's control that could not have been foreseen or prevented despite due diligence, such as acts of war, embargoes, riots, terrorism, uprisings, sabotage, natural disasters, acts of legislative or executive authorities, transportation disruptions, or epidemic/pandemic states.
5. The S4T Operator will notify the Client of any Force Majeure event within 3 business days of its occurrence, sending an electronic notification to the email address provided in the Agreement. This notification will include the nature of the event, expected duration, and any measures taken to avoid or minimize its effects, unless such notification is impossible due to the Force Majeure event itself.

V. Complaint Procedure

1. If the Client believes that the Service has been provided in violation of the Agreement or the Terms of Service, the Client has the right to file a complaint. Complaints should be submitted in writing to the email address: [email protected].
2. The complaint must include the Client's details, Login, a description of the subject of the complaint, and the Client's request regarding the defective provision of the Service.
3. The S4T Operator will respond to the complaint within 30 days (14 days in the case of a complaint submitted by a Consumer or a Privileged Entrepreneur) from the date of receipt. If the S4T Operator is unable to respond within the specified time frame, it will do so as soon as possible.
4. If the S4T Operator does not accept the complaint, the Client has the right to pursue further out-of-court or judicial proceedings at their discretion.
5. Complaints related to online payments are handled by the Payment Operator. The Client may submit payment-related complaints directly to the Payment Operator or through the S4T Operator.

VI. Final Provisions

1. The Client is responsible for the consequences of making false statements or providing incorrect or false data.
2. The S4T Operator's contact address is [email protected].
3. The Client agrees to receive VAT invoices, VAT duplicates, and corrective invoices without the recipient's signature and to receive them electronically in PDF format.
4. The Client acknowledges that actions conducted through the S4T Platform do not guarantee specific economic benefits, and the S4T Operator is not liable for such circumstances.
5. If any provisions of the Terms are found to be ineffective or invalid, the remaining provisions will remain in force.
6. In accordance with Article 6(1) of the Act on Providing Services by Electronic Means (Act of July 18, 2002, Journal of Laws 2002 No. 144, item 1204, as amended), the S4T Operator informs the Client of particular risks related to the use of electronically provided services, including malware, spyware, and phishing. Up-to-date information on electronic communication threats can be found on the UKE website (www.uke.gov.pl).
7. Any disputes arising from these Terms between the S4T Operator and the Client will be resolved by the common court of law competent for the registered office of the S4T Operator.
8. Polish law will govern all potential disputes between the S4T Operator and the Client (material law clause).
9. The languages used in communications between the Client and AMG are Polish and English.