Prowly.com Terms of Service

Part I. General provisions

  1. These Terms of Service apply to the services provided by Prowly.com and set out the rules and technical conditions for the provision of electronic Services referred to in Part II by the Service Provider.
  2. The following definitions shall apply to the terms used in these Terms of Service:
    1. “Service Provider” shall mean Prowly.com Sp. z o.o. with its registered office at ul. Madalinskiego 71/1, 02-549 Warsaw, entered in the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, 13th Commercial Division of the National Court Register, KRS No. 0000462787, REGON: 146685631, NIP: PL5213649218.
    2. “Service User” shall mean a legal person, an organizational unit without the status of a legal person, or a natural person pursuing business activity who uses the Services provided by Prowly.com under these Terms of Service. The Services provided by Prowly.com are intended exclusively for entrepreneurs.
    3. “Services” shall mean the services within the meaning of the provisions of the Act of 18 July 2002 on Providing Services by Electronic Means provided by the Service Provider.
    4. “Price List” shall mean an offer presenting the comparison of options available in individual Service Packages and prices thereof.
    5. “Registration Form” shall mean an electronic document to be completed by the Service User. This constitutes one of the conditions for the use of the electronic Services provided by Prowly.com.
    6. “Password” shall mean a series of letters, digits, and special characters known only to the person authorized to work in the System.
    7. “Account” shall mean an electronic document assigned to the Service User, created as a result of completing the Registration Form and meeting other requirements necessary to begin and continue working in the System which are defined in these Terms of Service.
    8. “Terms of Service” shall mean this document which specifies the terms and conditions of using the Services provided by the Service Provider by electronic means.
    9. “Fee” shall mean a total monthly payment incidental to the ownership of an Account in the amount specified in the Price List, and in the case of Services provided over a period of more than one calendar month, the Fee shall mean the sum of monthly payments incidental to the ownership of an Account for the provision of Services in the Settlement Period.
    10. “System” shall mean the software installed on the Service Provider’s servers, made available to the Service User on the Service User’s computer through an internet browser, available through the HTTPS protocol after logging in with a unique login and password.
    11. “Service Packages” shall mean the Services ordered by the Service User.
    12. “Settlement Period” shall mean the period in which the Service User has access to the Account and the Service Packages, for which a fee specified in the Price List is due. This period is one full calendar month or a multiple of calendar months.
    13. “Brand Journal” shall mean a module of Services provided by the Service Provider available in the System, used for independent building of the press office.
    14. “Audience Pitch” shall mean a module of Services provided by the Service Provider available in the System, which includes the following sub-modules: “Audience” – used for storing and managing contact databases; and “Pitch” – used for generating and sending mass mailings to the contacts stored in the sub-module “Audience”.
    15. “CRM” shall mean the Service Provider’s platform with all Services available under its modules and all functionalities available to Service Users within the Account.

PART II: Types and scope of the Services provided under the Terms of Service

  1. The Service Provider provides free and fee-based Services.
  2. As part of the free Services, the Service User, following the registration, may use a 7-day free trial version of the System (hereinafter referred to as the “free trial period”). During this period, the Service User can use all the modules in the System (enter contacts to the media database [Audience], create pages with content [Story Creator], and send mailings to their contacts [Pitch], as well as create one newsroom [Brand Journal] using the Prowly.com domain.
  3. As part of the fee-based Services, the Service User, following the registration (or the expiry of the free trial period), can purchase one or more of the following subscription packages:
    1. Basic Plan – which covers:
      1. access for 1 (one) user of the System,
      2. Audience + Pitch modules allowing to send out press releases to a maximum of 500 (five hundred) recipients per month,
      3. the Brand Journal module on the subdomain Prowly.com with Prowly branding, which allows for the integration of up to 2 (two) social media channels,
      4. additional services, including chat support, training, and support from a mentor.
    2. Pro Plan – which covers:
      1. access for up to 3 (three) users of the System,
      2. Audience + Pitch modules allowing to send out press releases to a maximum of 2,500 (two thousand five hundred) recipients per month,
      3. the Brand Journal module on the Service User’s own domain or subdomain with Prowly branding, which allows for the integration of up to 5 (five) social media channels and offers the following functionalities: advanced analytics, subscription forms, and integration with Google Analytics account,
      4. additional services, including chat support, training, and support from a mentor.
    3. Premium Plan – which covers:
      1. unlimited number of users,
      2. Audience + Pitch modules allowing to send out press releases to an unlimited number of recipients,
      3. the Brand Journal module on the Service User’s own domain or subdomain without Prowly branding, which allows for the integration of an unlimited number of social media channels and offers the following functionalities: advanced analytics, subscription forms, integration with Google Analytics account, and the VIP function.
      4. additional services, including chat support, training, support from a dedicated mentor, implementation support, SLA.
  4. The prices of the fee-based Services have been set out in the Price List available at www.prowly.com.
  5. The rules on payments have been described in Part V of these Terms of Service.
  6. The Service User is prohibited from providing content that is unlawful. Upon the receipt of an official notification or reliable information regarding the unlawful nature of data stored by the Service User, the Service Provider shall be authorized to prevent the Service User from accessing their Account or terminate the agreement for the provision of Services covered by these Terms of Service. Upon the receipt of reliable information regarding the unlawful nature of the data in question, the Service Provider shall inform the Service User (by sending an email to the address specified in the Registration Form) of the intent to prevent access to their Account until the case is clarified or of the termination of the agreement with immediate effect.

PART III: Conditions for the provision of Services

  1. The technical requirements concerning the use of the Services referred to in Part II of these Terms of Service are as follows:
    1. Internet connection;
    2. Internet browser compliant with the standard of the application:
      1. Chrome in version not older than the last 3 versions as from the major version (updated information: https://en.wikipedia.org/wiki/Google_Chrome_version_history);
      2. Firefox in version not older than the last 3 versions as from the major version (updated information: https://en.wikipedia.org/wiki/Firefox_version_history);
      3. Safari – current stable version not older than one year (updated information: https://en.wikipedia.org/wiki/Safari_version_history);
      4. Microsoft Edge in version not older than the last 3 versions in the stable branch, not older than one year (updated information: https://en.wikipedia.org/wiki/Microsoft_Edge)
    3. Email account.
  2. The Service User takes note that for the proper display of content on the Brand Journal, an internet browser which meets the following technical requirements is necessary:
    1. Supports current HTTP security standards – the Transport Layer Security (TLS) protocol in version 1.0 or higher, combined with strong encryption (updated information: https://en.wikipedia.org/wiki/Transport_Layer_Security);
    2. Supports the CSS Flexible Box Layout Module (updated information: https://caniuse.com/#search=flex)
  3. The Service Provider shall inform, and the Service User takes note that the use of the internet may involve the risk of a damage which the Service User may incur as a result of threats existing in the internet, in particular, of a hacker attack on the Service User’s IT system, password theft by third parties, or infecting the Service User’s IT system with viruses.
  4. The Service Provider undertakes to make every reasonable effort to inform the Service User in advance about any temporary unavailability of the Services.
  5. The Service Provider reserves the right to refuse to provide or discontinue providing the Services in the case where the data indicated by the Service User in the Registration Form are false or where there is a risk that the data may be false or incomplete. The Service Provider reserves the right to request the Service User to deliver relevant documents confirming the accuracy and completeness of the data provided in the Registration Form.
  6. The Service User undertakes to comply with all the provisions of these Terms of Service.
  7. The Service User undertakes to refrain from any actions that could impede or destabilize the functioning of the System or the use of the Services.
  8. The Service User takes full and exclusive responsibility for any content entered to the System, in particular personal data, and confirms that the data was obtained legally and that they hold the data controllers’ explicit consent for the processing of personal data for the purposes of sending commercial information by electronic means using the System and the Services.
  9. Should the Service Provider receive an official notification or reliable information about the unlawful nature of data stored by the Service User, the Service Provider shall be authorized to block access to the Service User’s Account.
  10. The Service User is forbidden to deliver illegal content. Should the Service Provider receive an official notification or reliable information about the unlawful nature of data stored by the Service User, the Service Provider shall be authorized to block access to the Service User’s Account or terminate the agreement on the provision of Services covered by these Terms of Service. Upon the receipt of reliable information regarding the unlawful nature of the data in question, the Service Provider shall inform the Service User (by sending an email to the address specified in the Registration Form) of the intent to prevent access to their Account or of the termination of the agreement with immediate effect.

PART IV: Concluding and terminating the agreement

  1. In order to start using the fee-based Services, the Service User must first read and accept the provisions of these Terms of Service, register in the System, and receive access to their individual Account. Moreover, access to Services referred to in these Terms of Service will be granted only after the payment for the selected Service Package has been made in accordance with the Price List, unless a separate cooperation agreement concluded by Service Provider and the Service User specifies otherwise. Before the work in the System may begin, the Service User is obliged to sign a personal data processing agreement with the Service Provider, as detailed in Part VII. The fulfilment of all the conditions described in this paragraph shall be equivalent to the conclusion of the agreement on the provision of Services by electronic means relating to the use of the System according to selected Service Package.
  2. In order to start using the free Services, the Service User must first read and accept the provisions of these Terms of Service, register in the System, and receive access to their individual Account. The first use of the Services described here shall be equivalent to the conclusion of the agreement on the provision of Services by electronic means. After the conditions referred to in the two preceding sentences of this paragraph have been met, the Service User may at any time purchase any of the fee-based Service Packages.
  3. The Service Provider reserves the right to refuse to provide or discontinue providing the Service in the case where the data provided by the Service User in the Registration Form are false or there is a risk that the data provided may be incorrect or incomplete. The Service Provider also reserves the right to request the Service User to deliver relevant documents confirming the accuracy and the completeness of data provided in the Registration Form.
  4. The Service Provider shall have the right to terminate the agreement on the provision of Services without a notice period and discontinue providing the Services in the following instances:
    1. In the case the Service User violates the essential provisions of these Terms of Service;
    2. In the case the Service User publishes content in potential breach of the applicable law or principles of morality; and
    3. In the case the Service User uses the Services against their intended use.
  5. The agreement on the provision of Services shall be terminated when the period for which the Service(s) were purchased expires.
  6. The termination of the agreement on the provision of Services shall take effect when one of the following events occurs:
    1. In the case the Fees are paid using a payment card or a credit card, upon the expiry of the Settlement Period for which the Service User has paid the Fee, unless the Service User pays the Fee for the next Settlement Period on the first day of the new Settlement Period;
    2. In the case the Fees are paid using a traditional bank transfer it is possible to terminate the agreement on the provision of Services with 1-month notice period.
  7. The notice period referred to in paragraph 6.2. shall be calculated from the last day of the Settlement Period in which a termination notice has been submitted.
  8. The termination notice referred to in paragraph 7 above shall be null and void unless made in writing to the addresses of the Parties to the agreement.
  9. The termination notice referred to in paragraph 8 above shall be null and void unless made in writing and submitted to the addresses of the Parties to the agreement or by email: support@prowly.com

PART V: Payments

  1. The Service User who has decided to purchase any of the fee-based Service Packages can pay the applicable fee in one of the following ways:
    1. by means of an online payment system (card payments are processed by Braintree).
    2. by means of a traditional bank transfer on the basis of a VAT invoice to the bank account specified therein, sent to the Service User’s email address.
  2. Fees for subsequent Settlement Periods are to be paid in advance, unless a separate cooperation agreement signed between the Service Provider and the Service User introduces a different charging mode.
  3. The Settlement Period expires on the day preceding the date which corresponds to the starting date of access to the platform in the subsequent month of the provision of Services (or its multiple – depending on the duration of the agreement on the provision of Services), and in the case where there is no such date in the subsequent month – on the last day of the month.
  4. By selecting a credit or debit card as payment method, the Service User simultaneously agrees to automatically debit the card for all charges due in a given Settlement Period. At the same time, the Service User agrees that the Service Provider employs external entities to act as intermediaries in the payment process and discloses data necessary to carry out transactions to those entities.
  5. If the Service User chooses a credit or debit card as payment method, the amount due for each subsequent Settlement Period will be charged automatically until the Account User notifies the Service Provider of their intent to discontinue the Service.
  6. In the case a credit or debit card is selected as payment method, the Service User may cancel the Service at any time by disconnecting the credit or debit card from the payment system, unless the Service User is bound by a dedicated contract stating otherwise. In such case, after the Settlement Period expires, the Parties agree that the agreement on the provision of Services shall not be extended for a successive Settlement Period.
  7. Once the payment has been processed, the Service User receives an invoice to the specified email address. At the Service User’s request, the VAT invoice may be also sent by traditional mail to the address provided during registration. In such a case, the Service Provider issues the invoice within 7 days from the day on which the request was made, and sends it to the address provided during the registration.
  8. If the invoice has not been paid / no payment has been made for the selected Service Package, after expiry of the payment deadline indicated in the invoice, the Service Provider reserves the right to discontinue providing the Services covered by that Package and block access to them.

PART VI: Complaints

  1. Any complaints reported by the Service User or any other person who visits www.prowly.com should be made in writing and sent to the address indicated in the Service Provider’s designation or by email to: support@prowly.com.
  2. A complaint notification should include a detailed description of the event which justifies the complaint, and the name and surname as well as email address of the Service User or another person who visits www.prowly.com.
  3. The Service Provider shall review the complaint within 14 days from the date of the receipt of the notification.
  4. The Service Provider’s response to the complaint will be sent only to the email address provided in the complaint.

PART VII: Processing and protection of personal data

  1. The data controller shall ensure the confidentiality and protection of personal data as specified in paragraph 3 and 12 below in accordance with the provisions laid down in these Terms of Service as well as in the Personal Data Protection Policy.
  2. The Service Provider is to be regarded as the controller of the personal data referred to in paragraph 3 below provided by the Service user during registration in the System.
  3. The Service Provider is to be regarded as the controller of the personal data provided by the Service User, i.e. the following data categories:
    1. The first and last names of entrepreneurs conducting business activity;
    2. The first and last names of contact persons representing the Service User;
    3. The email addresses and the mobile numbers of persons referred to in items 3.1. and 3.2. above, as well as their IP numbers and cookies data.
  4. The data referred to in paragraph 3 above shall be processed by the Service Provider solely for the following purposes:
    1. Relating to the performance of the agreement on the provision of Services by electronic means, i.e. in connection with the Services covered by the agreement on the provision of Services by electronic means (including services relating to complaint management, keeping statistics);
    2. Relating to the direct marketing of own products and services. Marketing information concerning the Service Provider’s products and services will be sent until the Service User objects to the processing of personal data relating to them for the abovementioned marketing purposes, including profiling, to the extent that the processing will be related to the Service Provider’s direct marketing activities; and
    3. Subject to the consent – the Service Provider will forward commercial information and marketing materials relating to third parties to the email address specified in the newsletter subscription form.
  5. Providing personal data is voluntary, however, the processing of personal data by the Service Provider for the purposes set out in paragraph 4.1. above is necessary for the performance of the agreement on the provision of Services by electronic means.
  6. The data subject shall be entitled to withdraw their consent at any moment. The withdrawal of consent is, however, without prejudice to the lawfulness of data processing activities performed on the basis of the consent prior to the withdrawal.
  7. The withdrawal of the consent to the processing of personal data by the Service Provider may be made by a declaration in any form, including via email sent to the Service Provider’s email address, i.a. [_support@prowly.com__].
  8. Each person shall have the right to access, rectify, or delete their personal data processed by the Service Provider.
  9. During the registration of the Service User in the System, the Service Provider shall make the necessary information relating to the collection of personal data by the Service Provider as well as information necessary to ensure the fairness and transparency of the processing available to the Service User.
  10. The Service Provider may publish banners and links to other internet pages and portals. Using a banner or a link, the Service User is transferred to a page owned by another person.
  11. With regard to personal data provided by the Service User when using the individual functionalities of the System other than the personal data of the Account users, the Service Provider shall be regarded as the controller of the personal data.
  12. The Service User, for the purpose of the Services, entrusts the Service Provider with the processing of personal data entered in the System by the Service User. The personal data entrusted to the Service Provider shall include in particular, but not be limited to, the following categories of data, the content of which depends on the category of persons to whom the Service Provider’s content is dedicated:
    1. The journalists’ first and last names;
    2. The journalists’ telephone numbers;
    3. The journalists’ emails addresses.
  13. The purpose of the processing of personal data referred to in paragraph 12 above entrusted to the Service Provider is to provide Services, i.e. to send commercial information using the System in the scope resulting from the agreement on the provision of Services by electronic means concluded with the Service User.
  14. The processing of personal data entrusted to the Service Provider will be carried out based on the agreement concluded between the Service User and the Service Provider in written form. At the moment of registration to the System, the Service User will receive the personal data processing agreement to his or her email address. The agreement will be concluded once both Parties sign the personal data processing agreement.
  15. The Service Provider, with regard to the processing of personal data entrusted to him by the Service User, uses Amazon Web Services, Inc. solutions for hosting cloud services, including Amazon EC2 for the maintenance of the application layer and the persistence layer, Amazon CloudFront as Content Delivery Network, and Amazon SES for servicing transaction messages, to what the Service User gives consent.
  16. The Service Provider declares that the processing of personal data applies technical and organizational measures for the protection of personal data of which he is the controller and of personal data entrusted to him. The Service Provider declares to have drawn up and implemented the Personal Data Protection Policy and the instructions of IT system management for personal data processing referred to in the ordinance of the Minister of Internal Affairs and Administration of 19 April 2004 on the documentation of the personal data processing and technological and organizational conditions which shall be met by devices and IT systems used for the personal data processing.
  17. The Service Provider declares that every person (permanent employees, individuals performing work on the basis of civil-law contracts, other people performing work for the Service Provider) who will be permitted to process personal data entrusted by the Service User shall be bound to preserve the confidentiality of the data. Also, all information concerning the methods for personal data protection shall be confidential.
  18. The personal data processing agreement referred to in this Part shall be concluded for a fixed period linked to the duration of the Services purchased by the Service User. The termination of the agreement on the provision of Services by electronic means will result in the termination of the data processing agreement.
  19. Upon termination of the agreement on the provision of Services by electronic means, all personal data provided by the Service User to the Service Provider shall be destroyed. At the Service User’s request, the Service Provider shall provide a destruction protocol to confirm the data in question have been destroyed. This protocol shall be delivered to the Service User within 14 calendar days from the date on which the request was submitted to the Service Provider.
  20. Personal data is processed taking into account the principles of accountability, adequacy, and fairness.
  21. The Service Provider reserves the right to make the data available to public administration authorities and bodies authorized to process the data under the applicable regulations, e.g., law enforcement authorities or courts.

PART VIII: Principles of liability and the protection of intellectual property rights

  1. The Service Provider takes note that in relation to rendering Services, intellectual property rights, and in particular copyright-protected works (e.g., selection and layout of content, logos/logotypes, names, multimedia, photos, etc.) are being made available to the Service User.
  2. The Service User is obliged to observe the applicable legal regulations. Any cases of copying, changing, or displaying in the public of the content made available without the Service Provider’s consent is forbidden, unless specified otherwise in separate agreements concluded between the Service User and the Service Provider or the mandatory legal regulations.

PART IX: Final provisions

  1. The Service Provider has the right to publish the Service User’s “name” and website address in the reference list, unless the Service User objects.
  2. These Terms of Service shall be valid from 17.04.2018.
  3. These Terms of Service are made available to the Service User free of charge at https://prowly.com/pages/terms_of_services, which enables the Service User to download, save, and print out the Terms of Service.
  4. The Service Provider reserves the right to amend the Terms of Service and the Price List, however any changes to the Price List do not affect the Services that have already been paid for. The Service User is bound by the new contents of the Terms of Service in the case consent has been given. In the case the Service User does not accept the new contents of the Terms of Service, the agreement shall be terminated on the last day of the last Settlement Period which has been paid for in full.

The applicable law shall be the law of Poland.