Regulations on provision of the services available as part of Prowly.com

Part I. General provisions

  1. These regulations on provision of the services available as part of Prowly.com set out the rules and technical conditions on which the Service Provider provides the electronic Services referred to in Part II.
  2. The terms used in the Regulations mean:
    1. Service Provider – Prowly.com Sp. z o.o. with its registered office at ul. Huculska 6, 00-730 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: 5213649218.
    2. Service User – means a legal person, an organisational unit without the status of the legal person or a natural person who conducts business activity on his own account who uses the Services provided by Prowly.com under these Regulations. The Services provided as part of Prolwy.com are intended only for entrepreneurs.
    3. Services – services within the meaning of the Act of 18 July 2002 on provision of electronic services provided by the Service Provider.
    4. Price List – list of the prices of the individual Packages of Services.
    5. Registration Form – an electronic document which needs to be filled in by the Service User so that it can use the electronic Services provided by Prowly.com.
    6. Password – series of digits, letters and special characters known only to the person authorised to work in the System.
    7. Account – electronic document assigned to the Service User in connection with the fact that it has filled in the Registration Form and met other requirements necessary to begin work in the System.
    8. Regulations – this document, which sets out the terms and conditions of using the Services provided by the Service Provider in the electronic form.
    9. Fee – compensation paid in advance by the Service User for the Service purchased, as per the Price List
    10. System – 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 HTTPS protocol after logging with the login and password.
    11. Packages of Services – Services ordered by the Service User.
    12. Settlement Period – period which starts on the day when the Client pays for a given Package of Services and ends on the last day set out in that Package.

PART II: Types and scope of the Services provided under the Regulations.

  1. The Service Provider provides free and paid services.
  2. As part of the free Services, the Service User, upon registration, may use a 10-day free test version of the System. During that period, the Service User has a possibility of using all modules of the System (possibility of entering contacts to media (Audience), creating pages with content (Story Creator) and dispatching them to its contacts (Pitch), as well as creating 1 news room (Brand Journal) on Prowly.com domain.
  3. As part of the paid Services, the Service User, upon registration (or expiry of the free trial period) has a possibility of purchasing one or a number of modules in a given subscription package.
    1. Story Creator – One Plan – this service covers one month of using the platform, counted from the day on which the payment is booked, and it gives access to all functionalities of Story Creator modules (unlimited possibility of creating dedicated landing pages, i.e. pages with press materials). The purchase of the above-mentioned package is compulsory in order to be able to purchase access to the remaining modules of the System in the packages of the Service User’s choice.
    2. Audience Pitch – Basic – this service covers one month of using the platform, counted from the day on which the payment is booked, and it gives access to all functionalities of Audience Pitch module (possibility of importing contacts to media, managing them, dispatching press information up to 1,000 contacts during one month).
    3. Audience Pitch – Pro – this service covers one month of using the platform, counted from the day on which the payment is booked, and it gives access to all functionalities of Audience Pitch module (possibility of importing contacts to media, managing them, dispatching press information up to 5,000 contacts during one month).
    4. Audience Pitch – Premium – this service covers one month of using the platform, counted from the day on which the payment is booked, and it gives access to all functionalities of Audience Pitch module (possibility of importing contacts to media, managing them, dispatching press information up to 10,000 contacts during one month).
    5. Brand Journal – Basic – this service covers one month of using the platform, counted from the day on which the payment is booked, and it gives access to the following functionalities of Brand Journal module (possibility of creating a Brand Journal on Prowly.com subdomain and integration of maximum 2 social media channels).
    6. Brand Journal – Pro – this service covers one month of using the platform, counted from the day on which the payment is booked, and it gives access to the following functionalities of Brand Journal module (possibility of creating a Brand Journal on one’s own subdomain, integration of maximum 5 social media channels, newsletter form, possibility of integration with external servers).
    7. Brand Journal – Premium – this service covers one month of using the platform, counted from the day on which the payment is booked, and it gives access to the following functionalities of Brand Journal module (possibility of creating a Brand Journal on one’s own subdomain, integration of maximum 10 social media channels, newsletter form, VIP zone, possibility of integration with external servers).
  4. The prices of the paid Services have been set out in the Price List available on www.prowly.com. On the other hand, the payment rules have been described in Part V of these Regulations.
  5. The Service Provider reserves the possibility of changing the functionalities of the System at any time, in particular by means of introducing new functions and improvements for Service Users. If the introduction of changes or updates involves temporary unavailability of the System, the Service Provider will inform Service Users about such work at least 7 days before the planned work by sending an e-mail to the address provided in the Registration Form.

PART III Terms and conditions of providing services

  1. The technical conditions concerning the use of the Services referred to in Part II of the Regulations are as follows:
    1. Connection to the Internet;
    2. Internet browser (with a standard corresponding to chrome 28.0+, FireFox 22.0+, Safari 6+, Internet Explorer 9+) which enables displaying on the computer screen hypertext documents (HTML) connected in the Internet by means of the network service with Java Script and Cookies enabled;
    3. E-mail account.
  2. The Service Provider informs, and the Service User acknowledges that the use of the internet may involve the risk in the form of a damage which the Service User may incur as a result of threats existing in the internet, and, in particular, hacking into the Service User’s IT system, acquisition of passwords by third parties, infection of the Service User’s IT system with viruses.
  3. The Service Provider declares that it will make every reasonable effort to inform the Service User in advance about temporary unavailability of the Services.
  4. The Service Provider reserves the right to refuse or discontinue to provide the Services in the case in which the Service User’s data indicated in the Registration Form are false, or there is a risk that the data may be false or incomplete. The Service Provider reserves the possibility of requesting the Service User to deliver relevant documents confirming the truthfulness and completeness of the data provided in the Registration Form.
  5. The Service User undertakes to comply with all provisions of the Regulations.
  6. The Service User undertakes to refrain from any actions which may make it more difficult to use the Services or destabilise the operation of the System.
  7. The Service User takes full and exclusive responsibility for entering content in the System, in particular personal data, as well as confirms that it has acquired them legally, and holds relevant permits to send commercial information electronically to the parties which hold these data.
  8. Should the Service Provider receive an official notification or reliable information about unlawful nature of the data stored by the Service User, the Service Provider may block access to the Service User’s Account.
  9. The Service User is forbidden to deliver illegal content. Should the Service Provider receive an official notification or reliable information about unlawful nature of the data stored by the Service User, the Service Provider may block access to the Service User’s Account or terminate the agreement on provision of the Services to which these Regulations apply. Should the Service Provider receive reliable information about unlawful nature of the data, it will notify by e-mail (the e-mail provided in the Registration Form) the Service User about its intention to block the Service User’s access to the Account, or termination of the agreement with immediate effect.

PART IV: Entering into and termination of the agreement.

  1. The Service User may start to use the paid Services only if it acquaints itself and accepts in advance the provisions of the Regulations, registers itself and gets access to an individual Account. Furthermore, the access to the Services referred to in the Regulations is not possible until the payment is made for a given Package of Services, as per the Price List. If, in order to start the work in the System, the Service User is obliged to sign the agreement on processing of personal data with the Service Provider referred to Part VII, this condition needs to be met also to enable the Service Provider to start providing the Services. Fulfilment of all conditions described in this section is tantamount to entering into the agreement on provision on the electronic services, whose subject matter is the use of the System, depending on the Package of Services chosen.
  2. The Service User may start to use the free Services only if it acquaints itself and accepts in advance the provisions of the Regulations, registers itself and gets access to an individual Account. The first use of the services described here is tantamount to entering into the agreement on provision of the electronic services. Upon fulfilment of the conditions referred to in the two preceding sentences of this section, the Service User has, at any time, the possibility of purchasing any of the paid Packages of Services.
  3. The agreement on provision of the services may be terminated by either party with a one-month notice period with immediate effect as of the end of the calendar month. Should the agreement referred to in the previous sentence be terminated, the Service Provider is not obliged to refund the Fee paid by the Service User in connection with the purchase of a given Package of Services.
  4. The Service Provider has the right to terminate the agreement on provision of the services without observing the notice period, and discontinue the provision of the Services in the following cases:
    1. Service User’s breach of important provisions of the Regulations,
    2. posting by the Service User content which does not comply with applicable law or decency,
    3. Service User’s use of the services in contravention of their indented use.

PART V: Payment

  1. The Service User who has decided to purchase any of the Packages of paid Services can pay for it in the following manner:
    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 pro-forma invoice, to the bank account provided in it.
  2. Once the payment has been booked, the Service User will have a possibility of downloading from it the VAT invoice. At the Service User’s request, the VAT invoice may be also sent by traditional post to the address provided during the registration. In such a case, the Service Provider will issue the invoice within 7 days of the day on which the request was made, and send it to the address provided during the registration.
  3. If the pro-forma invoice is not paid for the Package of Services chosen, 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 should be sent by the Service User or any other person who visits www.prowly.com in writing to the address indicated in the Service Provider’s designation or by e-mail to: pomoc[at]prowly.com.
  2. The complaint should include a detailed description of the event which justifies the complaint, name and surname as well as e-mail address of the Service User or another person who visits www.prowly.com.
  3. The Service Provider will look into the complaint within 14 days of the day on which it was received.
  4. The answer to the complaint will be sent only to the e-mail address provided in the complaint.

PART VII: Processing and protection of personal data

  1. The Service Provider administers the data related to the information provided by the Service User during the registration (data of natural persons who conduct business activity, data of contact persons). The Service Provider will process the data only for the purposes connected with the provision of the Services covered by the agreement on provision of the electronic services (including those connected with complaints, statistics), direct marketing of its own products and services, as well as – if relevant consent has been given – for purposes connected with sending commercial information from the Service Provider electronically. Each person has the right to view its data and correct them. Data are provided on a voluntary basis, but theyare necessary to achieve the above-mentioned purposes.
  2. The Service User is the administrator of the personal data entered by the Service User in the process of using the System’s individual functionalities. For the purpose and to the extent discussed here, the Service User, pursuant to Article 31 of the Personal Data Protection Act of 29 August 1997, entrusts the Service Provider with processing of the data.
  3. The Service Provider declares that it uses technical and organisational means aimed at protecting the personal data entrusted in compliance with the regulations referred to in Articles 36-39, and meets the requirements set out in the regulations referred to in Article 39 of the Personal Data Protection Act of 29 August 1997. In particular, the Service Provider declares that it has prepared and implemented a security policy and instruction for managing the IT system used to process the data referred to in the Regulation of the Minister of Interior and Administration of 29 April 2004 on documentation for processing personal data as well as technical and organisational conditions which the devices and IT systems used for personal data processing should meet.
  4. The Service Provider declares that each person (e.g. full-time employee, persons providing services under a civil law agreement, other persons who work for the Service Provider) who will be allowed to process the personal data entrusted by the Service User will be obliged to keep these data in secret. That secret also covers any information concerning the manners in which the personal data entrusted for processing are protected.
  5. The agreement on entrusting the processing of personal data referred to in this Part is entered into for a definite period of time, corresponding with the period during which the Services purchased by the Service User will be provided. Termination of the agreement on provision of the electronic Services made available as part of the System is tantamount to termination of the agreement on entrusting the data processing.
  6. At the Service User’s request, the Service Provider will provide a report confirming destruction of the data entrusted. Such a report will be delivered to the Service User within 14 calendar days of the day on which such a request was received by the Service Provider.
  7. The Service Provider declares that at the Service User’s request it is possible to enter into a separate written agreement on entrusting the data processing. To this end, the Service User should get in touch with the Service Provider by an e-mail sent to: biuro[at]prowly.com.
  8. The Service Provider reserves the right to make the data available to public administration offices and bodies authorised to process the data under the applicable regulations, e.g. law enforcement offices or courts.

PART VIII: Responsibility for and protection of intellectual property rights

  1. The Service Provider points out that in connection with the provision of the Services it makes available to the Service User content protected by intellectual property rights, in particular copyrighted works (e.g. selection and layout of the content, logos/logotypes, names, multimedia, photos, etc.).
  2. The Service User is obliged to comply with 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 it results from separate agreements conducted by the Service User with the Service Provider or mandatory legal regulations.

PART IX: Final provisions

  1. The Service Provider has the right to publish Service User’s “name” and address of its website in the reference list, unless the Service User objects to that.
  2. These Regulations take effect on 1 October 2016.

The Regulations are made available to the Service User free of charge on the website at the following address http://prowly.com/terms/regulamin.pdf, which enables the Service User to download, save and print out the Regulations.

The Service Provider reserves the right to change the Regulations and Price List, but changes to the Price List do not affect the Services already paid for. Information about changes will be sent to Service Users to the e-mail addresses provided by them during the registration, at least 14 days before the changes take effect. Lack of Service User’s consent for the changes gives it the right to terminate the agreement unilaterally without the need to observe the notice period.

The Polish law is the governing law.