REGULATIONS OF THE WEBSITE
(version valid from February 15, 2024)
§ 1. GENERAL INFORMATION
1. The regulations of the DATADIARY website (“Regulations”) apply to www.dataorganizer.io (“Website”), where the DATADIARY service (“Service” or “DATADIARY Service”) is available.
2. The Website Owner and Service Provider is:
DATADIARY simple joint stock company with its registered office in Poznań at ul. Jana Henryka Dąbrowskiego 77A, 60-529 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto I Wilda in Poznań, 13th Commercial Division of the National Court Register under KRS number 0001017418, NIP 9721336108, REGON 524423433, share capital 1.000, — PLN (hereinafter referred to as “DATADIARY” or the “Company”).
If you have any questions, you can contact the Company:
- by e-mail: contact@dataorganizer.io
- by traditional mail: ul. Jana Henryka Dąbrowskiego 77A, 60-529 Poznań
- by phone: +48 571 460 217
3. The Website is intended exclusively for B2B cooperation. Service is provided to all customers except for natural persons and natural persons conducting business activities who perform legal transactions not directly related to their business or professional activity (hereinafter referred to as the “Customer”), i.e. only for companies, organizations, government institutions or other legal entities.
4. The Regulations define the rules for using the Website and the rights and obligations of its users. Please read the Regulations carefully before using the Website and purchasing the Service.
5. User must read the Regulations before using the Website and Services and must agree to the terms and conditions specified in the Regulations. If you disagree with any part of the Regulations, you should not use the Website.
6. The Regulations, as a template contract in electronic form, are binding for users in accordance with art. 384 of the Polish Civil Code and regulates the relationship between the Company and the Customer who purchases the Service on the Website.
7. Only users who have registered an Account in the manner indicated in the Regulations have access to the Service. The Customer is responsible for all the actions and omissions of a person to whom he has granted access to the Account as for his own actions and omissions.
§ 2. BROWSING THE CONTENT OF THE WEBSITE
1. The use of the Website is possible provided that the IT system used by the user meets the minimum technical requirements necessary to cooperate with the Website, i.e.
- the user must have an e-mail account;
- the user must use one of the web browsers that accept cookies.
2. Moreover, when using the services provided on the Website, the Company recommends that the user has updated anti-virus software.
3. The use of the DATADIARY Service is possible only through an electronic device equipped with an internet browser.
4. The user is obliged to use the Website in accordance with the Regulations, applicable law and good practices adopted for using the Internet and performing activities via it.
5. The agreement for access service to the Website is concluded on the terms specified in the Regulations, for an indefinite period of time, when the user successfully calls up the URL of the Website in the browser window of the user’s device or uses the redirection leading to the Website, while the agreement for the Website access service is terminated when the user leaves the Website.
6. The user can not take any actions that would affect the proper functioning of the Website. In particular, any interference with the content posted on the Website is prohibited, and the Company may deprive the user of the right to use the Website (terminate the agreement for access service to the Website), and may also limit his access to some or all of the Website’s resources, with immediate effect:
- the user uses the Website in a manner inconsistent with the Regulations, applicable law and good practices and principles of social coexistence;
- providing false or outdated data by the user, especially if it is a data of another person;
- violating the personal rights of third parties via the Website, in particular the personal rights of other Website users;
- the user conducts activities on the Website that constitute acts of unfair competition.
7. The Company reserves the right to take action against a user who violates the above-mentioned rules for specific factual and legal actions, including blocking the Account, as well as filing claims for damages.
8. The Website is made available to users without the need to register Account, if they use the Website by browsing the content of the Website.
§ 3. RISKS RELATED TO THE USE OF THE WEBSITE
1. The Company reserves that the use of the Website by users may involve risk, hence the Company informs about specific risks related to the use of the Services provided within the Website. This information relates to risks that may occur only potentially. The basic risks associated with using the Website include, among others: malware — various types of applications or scripts, harmful, criminal or malicious activity in relation to the user’s IT system, viruses, worms, Trojans, spyware (Spyware) — programs that track user activities, collect information about the user and transmit it — usually without the knowledge and consent, spam — unwanted and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content, obtaining confidential personal data (e.g. passwords) by impersonating an authorized person, phishing, hacking into the user’s IT system using hacking tools, cryptanalysis — the ability to find weak points in a target’s cryptographic system in order to break or bypass it.
2. To avoid the above threats, the user should equip his computer and other devices used to connect to the Internet with at least an anti-virus program and a firewall. Such a program should be constantly updated.
3. In special cases affecting the security or stability of the Website, the Company has the right to temporarily discontinue or limit the provision of services, without prior notice to users, and to carry out maintenance works aimed at restoring the security and stability of the IT system.
4. The Company is not responsible for interruptions in the provision of services resulting from failures or cases of incorrect operation of IT systems beyond its control.
5. Notwithstanding the above, the Company has the right to discontinue the provision of services at any time if such a justified request is submitted by, for example, an authorized entity, and also has the right to modify the technical method of providing the Services.
6. In order to ensure the security of message transmission and in connection with the services provided, the Company takes technical and organizational measures appropriate to the degree of threat to the security of the services provided.
§ 4. REGISTRATION AND MAINTENANCE OF AN ACCOUNT
1. In order to use the DATADIARY Service, the user is obliged to register on the Website (hereinafter “Registration”) and create and maintain an Account (hereinafter “Account”) throughout the entire period of Service provision. The Company provides the opportunity to register an Account in order to use the Service in the manner and under the conditions specified in the Regulations. For this purpose, the user should complete the electronic form provided by the Company on the Website, providing the required personal data, i.e. at least:
- a) the user’s e-mail address;
- b) user access password (hereinafter: “Password”);
- c) Customer’s name.
§ 5. DATADIARY SERVICE
1. The Company provides the DATADIARY Service electronically, by an application (hereinafter referred to as the “DATADIARY Application”) enabling the Customer’s business data from multiple data sources to be combined in one place and then presenting this data in a BI class application/tool (hereinafter referred to as the “Service Results” “).
§ 6. COMPLAINTS
1. In order to activate the Service and in the event of lack of access to the Service, the Customer has the right to submit a complaint either by traditional mail to the following address: ul. Jana Henryka Dąbrowskiego 77A, 60-529 Poznań or by e-mail to the following e-mail address: contact@dataorganizer.io
§ 7. INTELLECTUAL PROPERTY RIGHTS AND LIABILITY
1. All rights, including IP to the DATADIARY Application and to the provided Service Results in whole or in part, in particular text, graphic, multimedia elements and programming elements generating and operating the DATADIARY Application, are reserved to DATADIARY.
§ 8. SERVICE OF DELIVERY OF ADVERTISING MATERIALS INCLUDING NEWSLETTER
1. The service of delivering advertising materials, including the newsletter (hereinafter referred to as the “Newsletter”), means sending by the Company to the e-mail address provided by the user messages containing information about the launch of new functionalities on the Website or information about new services or products of the Company.
§ 9. RULES FOR THE PROCESSING OF PERSONAL DATA
I. PROCESSING OF DATA OF THE PARTY TO THE CONTRACT AND ITS EMPLOYEES/CO-WORKERS
1. The data controller of the personal data of the Customer and Customer’s employees, associates and representatives within the meaning of the provisions of the GDPR is DATADIARY Prosta Spółka Akcyjna with its registered office in Poznań at ul. Jana Henryka Dąbrowskiego 77A, 60-529 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań — Nowe Miasto I Wilda in Poznań, 13th Commercial Division of the National Court Register under KRS number 0001017418, NIP 9721336108, REGON 524423433, share capital 1.000, — PLN (hereinafter: “Administrator” or “DATADIARY”).
§ 10. AI FUNCTIONALITY
1. General information
1.1. Within the DATADIARY Service, the Client has access to the built-in artificial intelligence functionality based on the AI model.
1.2. The AI Functionality enables conversational analysis of business data, report generation, and obtaining answers to questions asked in natural language based on data collected in the Service.
1.3. The use of AI Functionality takes place within certain credit limits (AI processing units), in accordance with the rules described in this paragraph.
2. Credit billing model
2.1. Initial credit allocation:
After creating an Account, the Client receives a one-time allocation of 8000 credits for use.
As part of an active subscription, the Client receives 5000 credits for each purchased data connection.
2.2. Validity period and credit renewal:
credits allocated under the subscription are valid only in a given billing period (from the subscription renewal date to the next renewal date).
Credits are automatically renewed at the beginning of each new billing period.
Unused credits do not accumulate and do not carry over to the next billing period.
2.3. Purchasing additional credits:
The Client has the option to purchase additional credit packages in the amount of 100,000 credits per package.
The price of an additional credit package is 30 EUR net.
Purchased credit packages are perpetual and do not expire.
The purchase of additional credits is available directly in the Service.
2.4. Credit usage order:
Credits allocated under the subscription are used first.
After the subscription credits are exhausted, the system automatically uses credits from purchased additional packages.
2.5. Usage monitoring:
The Client has access to information about the current state of credit usage in the Service interface.
The Service notifies the Client when the pool of available credits is about to be exhausted.
3. Intellectual property and content rights
3.1. AI-generated content:
Subject to compliance with the Terms and Conditions and applicable law, the Client receives rights to use content generated by the AI Functionality in response to their queries.
DATADIARY does not claim intellectual property rights to content generated by the AI Functionality at the Client’s request.
3.2. Base technology:
All rights to the AI model, algorithms, base technology, and the AI Functionality itself remain the property of the AI engine provider or DATADIARY, respectively.
The Client does not acquire any rights to the base technology beyond the right to use the AI Functionality within the Service in accordance with these Terms and Conditions.
3.3. Client input data:
The Client retains all rights to their data and content entered into the AI Functionality.
The Client acknowledges that DATADIARY processes this data for the purpose of providing the Service in accordance with the rules set out in § 9 of the Terms and Conditions.
4. Data protection and confidentiality
4.1. Data usage:
Data entered by the Client into the AI Functionality and interactions with this functionality are not used to train AI models (opt-out).
DATADIARY may store and process this data solely for the purpose of providing, maintaining, and improving the Service and for ensuring compliance with applicable law.
4.2. Data retention period:
Client interactions with the AI Functionality (queries and responses) are stored for a period not exceeding 30 days from their creation, unless the Client deletes them earlier.
After this period, the data is permanently deleted, unless longer storage is required by applicable law.
4.3. Data security:
DATADIARY applies appropriate technical and organizational measures to secure data processed within the AI Functionality.
Data processing within the AI Functionality is carried out in accordance with the privacy policy and rules set out in § 9 of the Terms and Conditions.
5. Rules for using the AI Functionality
5.1. Permissible use:
The AI Functionality may only be used for purposes that comply with the law and these Terms and Conditions.
The Client undertakes not to use the AI Functionality to generate, transmit, or store any content that is illegal, offensive, violates third-party rights, or is otherwise inappropriate.
5.2. Prohibitions:
It is forbidden to use the AI Functionality for activities that could harm, disable, overload, or negatively affect the Service or DATADIARY infrastructure.
It is forbidden to attempt to bypass technical limitations or security measures of the AI Functionality.
It is forbidden to use the AI Functionality to generate obscene content, threats, content infringing copyright, intellectual property rights, or other third-party rights.
5.3. Availability of AI Functionality:
DATADIARY does not guarantee uninterrupted availability of the AI Functionality.
DATADIARY reserves the right to limit, suspend, or terminate access to the AI Functionality for technical, business, or legal reasons.
DATADIARY is not responsible for any damages resulting from the unavailability of the AI Functionality.
6. Liability
6.1. Limitation of liability:
DATADIARY is not responsible for content generated by the AI Functionality or for decisions made by the Client based on this content.
The AI Functionality is provided “as is” and DATADIARY makes no warranties as to its accuracy, reliability, completeness, or suitability for a particular purpose.
6.2. Client responsibility:
The Client bears sole responsibility for how the AI Functionality is used and for decisions made based on content generated by this functionality.
The Client is responsible for all actions performed using the AI Functionality through their Account.
6.3. Content verification:
The Client is required to verify content generated by the AI Functionality before using it.
DATADIARY recommends that the Client not rely solely on content generated by the AI Functionality when making important business decisions.
7. Modifications to the AI Functionality
7.1. DATADIARY reserves the right to modify, update, or suspend the AI Functionality at any time, subject to the provisions of § 11 paragraphs 2 and 3 of the Terms and Conditions.
7.2. DATADIARY will make efforts to inform Clients about significant changes to the AI Functionality with appropriate advance notice.
§ 11. FINAL PROVISIONS
1. Any comments or questions regarding the functioning of the Website should be sent electronically to the following e-mail address: contact@dataorganizer.io. The Company reserves the right to answer selected questions, in particular if the Company has previously provided explanations for an analogous or similar issue, and to post them in the “FAQ” or similar tab on the Website.
2. The Company is entitled to change the Regulations for the following reasons if:
- a) the change concerns the method or extension of the scope of the Services, e.g. with new parameters or functionalities;
- b) the change concerns improving the security of the Website or users;
- c) the change concerns a change in the Company’s data (e.g. change of company name, trademarks);
- d) the change concerns technological changes within the Website;
- e) the change concerns changes to the privacy policy;
- f) modernization and improvements;
- g) the change concerns changes in remuneration and payment terms;
- h) in generally applicable legal provisions that affect the services provided, resulting in the need to change the Regulations to the extent resulting from these legal changes (adaptation to legal requirements);
- i) changes in the interpretation of legal provisions resulting from court judgments or resolutions, decisions, recommendations or other acts issued by authorized bodies that affect the Services provided by the Website, resulting in the need to change the Regulations to the extent resulting from these decisions or recommendations.
3. Changes to the Regulations referred to in section 2 is possible after informing users about the scope of changes and making the amended Regulations available to them, in particular by publishing it on the Website and sending it to the e-mail address assigned to the Account, with 7 days’ notice. In such a situation, the User is entitled to terminate the contract with the Company within 30 days of receiving information about the change to the Regulations. The current Regulations remain in force until the date of termination of the contract with the Company.
4. If any disputes between the Customer and the Company are not resolved amicably, any legal action or proceeding arising under these Regulations will be brought exclusively in the common court located in Poland competent in accordance with the provisions of the Polish Act of November 17, 1964 — code of civil procedure for the Company’s registered office and the parties irrevocably consent to the jurisdiction and venue therein.
5. Governing law. This Regulations will be governed by and construed in accordance with the laws of Poland.
6. The Regulations are valid from 2024.