TERMS AND CONDITIONS OF THE WEBSITE

1. These Terms and Conditions define general conditions, rules and the method of provision of free and paid services by DATAFIC sp. z o.o. with headquarters based in Poznań, Poland. The free and paid services are provided by electronic means, via the www.pulno.com website (hereinafter referred to as “Website”).

§ 2 Definitions

1. Business days - refers to weekdays from Monday to Friday, with the exception of statutory holidays.

2. Password - refers to a string of letters, digits or other characters chosen by the User during the Registration process. It is used to secure access to the User’s Website Account.

3. Consumer - refers to a natural person carrying out a legal action that is not directly related to their business or professional activity with an entrepreneur.

4. User account - refers to an individual User panel activated by the Service Provider for the User, once the User has registered and concluded the contract of service - Running User Account.

5. Entrepreneur - refers to a natural person, a legal person or a business unit that is not a legal person, who is granted legal capacity by the law and is conducting business activities or professional activities as well as any legal actions directly related to it.

6. Terms and Regulations - refers to these Terms and Regulations.

7. Registration - refers to an activity carried out in a manner specified in the Terms and Regulations, required for the User to access all functionalities of the Website.

8. Service Provider - refers to DATAFIC sp. z o.o. with headquarters in Poznań, at Naramowicka 47/109, 61-622 Poznań, Poland, VAT PL9721257308, entered under number 0000574445 in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register. Share capital: PLN 5000, e-mail: info@pulno.com. Service Provider is the owner of the Website.

9. Website - refers to the website on which the Service Provider operates, in the www.pulno.com domain.

10. Durable Medium - refers to a material or a device that enables the User or the Service Provider to store data in a manner that will allow access to the data in the future for the purposes the data serves and that will allow the data to be recovered in an unchanged form.

11. Contract - refers to a distance Contract concluded between the User and the Service Provider under the Terms specified in the Terms and Regulations.

12. User - refers to an entity, for whom, under the Terms and Regulations and in accordance with the law, the services might be provided by electronic means or with whom a Contract might be concluded.

§ 3 General provisions and Website use

1. All rights to the Website, including property rights, intellectual property rights to the name of the Website, its Internet domain as well as the rights to patterns, forms, and logos placed on the Website (with the exception of images placed on the Website that belong to third parties) belong to the Service Provider. They may only be used in a manner specified and compliant with the Terms and Regulations and with the written consent of the Service Provider.

2. The Service Provider will endeavor to ensure that the Website can be accessed by Users of all popular Internet browsers, operating systems, device types, and Internet connection types. The minimum technical requirements to use the Website is an Internet browser in the Chrome 72 or Firefox 65.0.2 or newer version, with Javascript enabled, accepting cookies and an Internet connection with a bandwidth of at least 256 kbit/s. The Website is optimized for a minimum screen resolution of 1024x768 pixels.

3. The Service Provider uses the cookies mechanism. When the User uses the Website, the cookies are saved by the Service Provider’s server on the hard disc of the User’s end device. The aim of using cookies is to improve the performance of the Website on the User’s end device. This mechanism does not destroy the end device of the User and does not cause any changes in its configuration or in the installed software. The cookies can be disabled at any time by the User. However, the Service Provider warns that disabling cookies might cause difficulties or make it impossible to use the Website.

4. To place an order and use the services of the Website, having an active email account is required.

5. The User is prohibited from providing unlawful content and using the Website or the free services provided by the Service Provider in a manner that is contrary to the law, contrary to the decorum or that violates the personal rights of others.

6. The Service Provider declares that the public nature of the Internet and the use of electronically provided services might be associated with the risk of obtaining and modifying the data of Users by unauthorized parties. Therefore, Users should take precautions that will minimize those risks. In particular, they should use anti-virus programs and other programs that aim to protect the identity of Internet users. The Service Provider shall never ask the User to provide his password.

7. The User is not allowed to use the resources and functions of the Website to conduct activities which might infringe the interest of the Service Provider, i.e. advertise another entrepreneur or product; post content not related to the activity of the Service Provider; post content that is false or misleading.

§ 4 Registration

1. In order to create a User Account, the User is required to proceed with the free Registration process.

2. Registration is required to place orders on the Website as well as to access the Limited plan, the free service provided by the Service Provider.

3. To register, the User should fill the registration form provided by the Service Provider on the Website and forward the completed registration form to the Service Provider electronically by selecting the appropriate function included in the registration form. During the registration process, the User sets an individual password.

4. When completing the registration form, the User can read the Terms and Regulations before accepting their content by selecting the appropriate field in the form.

5. Once the registration form is completed and sent, the User receives an activation link to confirm the User Account Registration. The link is sent to the email address the User provided upon Registration. Upon the activation of the link, a contract for the provision of electronic Account maintenance is concluded. The User gains access to his User Account.

§ 5 Services

1. The Service Provider provides paid and free services to Users electronically. Services are provided 24 hours a day, 7 days a week with the exception of: software updates, equipment inspections, maintenance breaks, malfunctions of the contractors of the Service Provider, force majeure.

2. The Service Provider provides these free services to Users:

  • a) Running User Account;
  • b) Limited Plan

3. The Service Provider reserves the right to alter the type, form, time and way of granting access to the aforementioned Services, of which the Users will be informed in an appropriate manner.

4. The Service of Running User Account is available once the Registration process has been completed. It includes providing the User with a unique panel on the Website, which will enable the User to modify the provided data and place orders for paid Services.

5. Only one free service referred to as Limited Plan per User is allowed. In the case of Entrepreneurs, only one free service referred to as Limited Plan per Entrepreneur is allowed.

6. A registered User may request the Service Provider to delete their User Account. A request to delete the User Account is equivalent to the termination of the contract of service - Running User Account, as per §11 in the Terms and Regulations.

7. The unpaid Service referred to as Limited Plan consists of an audit of one website (up to 50 pages) indicated by the registered User as well as providing the User with a list of warnings, tips, remarks, and issues detected on the audited website. This list of warnings, tips, remarks, and issues will be presented in a report and made available in the User’s Account. The User can also download the report in the XLS format (Excel).

8. Cancellation of the unpaid Service referred to as Limited Plan can be done at any time and involves ceasing to use the Service.

9. The Service Provider has the right to block access to the User Account and free Services provided electronically in the case of the User conducting activities which might infringe the interest of the Service Provider, i.e. advertising another entrepreneur or product; posting content not related to the activity of the Service Provider; posting content that is false or misleading as well as in the case of the User acting in a way that is detrimental to other Users, that violates the law or the Terms and Regulations. The Service Provider might also block access to the User Account and free Services when such an action is justified by security reasons, i.e. hacking activities performed by the User. Blocking access to the User Account and free Services for aforementioned reasons lasts for the period of time necessary to resolve the issue constituting the basis for blocking the access to the User Account and free Services. The Service Provider shall notify the User of the intention to block their access to the User Account and free Services by electronic means to the address provided by the User upon Registration.

10. The Service Provider provides a paid service to Users referred to as Website Analysis (also referred to as ‘Service’).

11. The paid service Website Analysis refers to a service presented by the Service Provider via the Website. It consists of the analysis of websites (the number of websites depends on the plan chosen by the User in the ordering process) indicated by a registered User as well as providing the User with a list of warnings, tips, remarks, and issues detected on the audited Website. This list of warnings, tips, remarks, and issues will be presented in a report and made available in the User’s Account. The User can also download the report in the XLS format (Excel).

12. The Service Provider reserves the right to limit the provision of the Service for websites secured against scanning.

§ 6 Ordering of paid services

1. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle handles all customer service inquiries and returns.

2. Subscribing to one of the monthly plans is equivalent to your agreement to pay the Service Provider the monthly subscription fee in the amount indicated for that plan through Paddle. Payments will be charged on a pre-pay basis on the day you subscribe to a plan and will cover the monthly use of the Services you purchased. In the case of any alterations in plan level during the monthly billing cycle, you will be charged the new price during the subsequent billing cycle. No refunds or credits for partial periods of service, subscription change refunds or refunds for unused months shall be given. Subscriptions are automatically renewed unless you notify the Service Provider before the end of the applicable subscription period that you intend to cancel the subscription. Paddle is then authorized to collect the applicable monthly subscription fee (as well as any taxes) using any credit card or another payment mechanism you provided Paddle with. Subscriptions can be canceled at any time at pulno.com.

3. The Service Provider provides to registered Users a paid service referred to as Website analysis by electronic means.

4. Registered Users can place orders for paid Services via the Website 7 days a week, 24 hours a day.

5. The User that places an order via the Website, completes the order by selecting a type of Paid Service - a plan that he is interested in, from those offered by the Service Provider. Adding a paid Service to the order can be done by selecting an appropriate command, found below the selected paid Service. The User submits an order by forwarding the order form to the Service Provider by pressing the “Buy now” button on the Website. Every time, prior to forwarding the order form to the Service Provider, the User is notified of the total price for the selected paid Service, the duration of the Service, the scope of the Service (including the number of websites that can be analyzed, depending on the selected plan) and all additional costs that the User is obliged to pay on the basis of the concluded Contract.

6. Submitting the order form by the User is equivalent to the User accepting the Service Provider’s offer for a Paid Service and is the moment of the conclusion of the Contract.

7. A User who is an Entrepreneur is responsible for the validity of the provided data, on the basis of which the VAT invoice is issued.

§ 7 Payment

1. Prices published on the Website are gross prices.

2. The final binding price for the Service is the price visible on the Website at the time the order was placed.

§ 8 Complaints

1. The User may submit a complaint to the Service Provider in regards to the Service provision. Complaints may be submitted by the User via email at support@pulno.com. A complaint should include a description of the problem. Consideration of a complaint by the Service Provider takes place immediately and no later than within 14 days. Decisions regarding complaints are sent to the email address provided during complaint submission.

2. The Service Provider does not rely on extrajudicial settlement of consumer disputes referred to in the Act of September 23rd, 2016 about the extrajudicial settlement of consumer disputes.

§ 9 Contract withdrawal

1. A Consumer who concluded a Contract of Service by electronic means may withdraw from the Contract without providing a reason, within 14 days.

§ 10 Personal data protection

1. The rules of Personal Data protection are included in the Privacy Policy.

§ 11 Contract termination (does not apply to fixed-term contracts)

1. Both the User and the Service Provider can terminate the Contract of free Service Provision at any time and without providing reasons, subject to the preservation of rights acquired by the other party before the dissolution of the abovementioned contract.

2. Both parties can terminate the Contract of free Service provision by submitting an appropriate statement, using any means of communication in a way that will allow the other party to consult such a statement.

§ 12 Final provisions

1. The Service Provider is liable for a lack of implementation of the Contract or an improper implementation of the Contract, but in the case of Contracts concluded with Users who are Entrepreneurs the Service Provider is only liable in the case of intentional damage and only within the limit of actual losses suffered by the User who is an Entrepreneur.

2. The content of these Terms and Regulation can be saved at any time through printing, saving on a medium or downloading from the Website.

3. In the case of a dispute, the parties will seek an amicable resolution of the matter. Any disputes arising out of these Terms and Regulations will be resolved according to the Polish law.

4. The Service Provider informs the User who is a Consumer of the possibility to seek extrajudicial ways of processing complaints and redress. The rules for access to such procedures are available at the offices or on websites of entities entitled to extrajudicial settlements of consumer disputes. Such entities can be consumer ombudsmen or trade inspectorates. The list of those entities is available on the official website of the Office for Competition and Consumer Protection. The Service Provider informs that at http://ec.europa.eu/consumers/odr/ there is an online platform for the dispute resolution between consumers and entrepreneurs system at the EU level.

5. The Service Provider reserves the right to change these Terms and Regulations. All orders received by the Service Provider before the implementation of the new Terms and Regulations are processed in accordance with the Terms and Regulations in force on the day the order was placed by the User. Any changes in the Terms and Regulations come into force within 7 days from the date of publication on the Website. The User will be notified of any changes in the Terms and Regulations no later than 7 days before the changes are implemented via email and will receive a link to the changed part of the Terms and Regulations. The User has the right not to accept the new content of the Terms and Regulations. In such a case, the User is obliged to notify the Service Provider, which will result in the termination of the Contract in accordance with the Terms and Regulations.

6. Contracts with the Service Provider are concluded in English.

7. These Terms and Regulation enter into force on 03/29/2019.