User Agreement for SoGreatWall.com

Preamble

This user agreement outlines the terms and conditions for the functioning and use of the online service SoGreatWall.com located under the internet address www.sogreatwall.com

The provisions of the regulations herein and the provisions of the law in the territory of the Republic of Poland, define the rights and obligations of Subscribers, as well as the rights, duties, and responsibilities of the entities granted the right to conduct, manage and administer the services made available via the web application SoGreatWall.com. Should there be any disputes of this user agreement or the terms and conditions herein, the Polish language version of this document will prevail.

§1 Definitions

These regulations define the terms & conditions for use of the web application SoGreatWall.com, including, in particular, the rights and obligations of registered subscribers of the service.

  1. For the avoidance of doubt, it is agreed that, unless the context in which the concepts are used dictate otherwise, the following definitions apply:
    1. Terms & Conditions – shall be deemed as the rules herein, specifying the conditions of participation and usage of the service SoGreatWall.com, the rights and obligations of the owners of the site, as well as its users associated with the provisions of rendering services electronically. The conditions for the provision of electronic services should be understood within the meaning of the Act of July 18, 2002 on electronic services, protection of personal data, as well as rules defining the scope of responsibilities binding SoGreatWall.com when rendering its services.
    2. The Service – shall be deemed as a web service available at www.sogreatwall.com. The service is an analytical and reporting tool used to create and delivery deports on social media and e-commerce in general. The terms are relevant for the analysis and creation of reports, as well as the reports themselves.
    3. SoGreatWall.com – shall be deemed as the limited liability corporation WebQuest sp. z o.o. with its registered office in Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000352553, REGON 142-372-378, NIP 701-023-02-31.
    4. Subscriber – shall be deemed as any person or entity with full legal capacity to enter into a legally binding agreement, having an active and paid for account that uses the service offered by SoGreatWall.com, upon prior acceptance of the terms & conditions laid out in this user agreement.
    5. User – shall be deemed as the subscriber or any third part, including, in particular, employees and associates of the subscriber, persons or parties acting on the subscriber’s behalf, where the subscriber has granted user access to his paid account in accordance with the selected subscription plan. The Subscriber is also the user when the selected plan stipulates only one user account. A user is also considered a person or entity which downloads reports, free or paid, provided or sold by SoGreatWall.
    6. Account – shall be deemed as a unique record existing in the SoGreatWall.com database attributed to the subscriber or user, confirming the identity of the subscriber or user, attributing specific user settings, and enabling the subscriber or user to use the service.
    7. Registration form – shall be deeded as the form provided by the service upon registration by way of which the subscriber submits the necessary data to create an account.
    8. Registration – shall be deemed as the process of entering the correct and complete data by the subscriber into the registration form, and then accepting its correctness.
    9. Subscription plan – shall be deemed as the scope of services provided to the subscriber within one billing cycle. The details and scope of services included in each plan can be found in the pricelist published at www.sogreatwall.com/plans.html
    10. Subscription fee – shall be deemed as remuneration for services rendered to the subscriber as part of the subscription plan, paid in advance through an electronic payment system or bank transfer, after being issued an invoice (including pro forma invoice) or other accounting document by WebQuest sp. z o.o.
    11. Billing Cycle – shall be deemed as the period of time for which the subscriber must pay the subscription fee. This period can be a month or multiple of it. The billing cycle starts from the date of registration, when the subscriber is obliged to pay the subscription fee for each billing cycle on the calendar day equal to the day of registration. The billing cycle starts on the day of registration, unless, the user has received a trial period, in which case the first billing day is the first calendar day after the completion of the trial period.
    12. Trial period – shall be deemed as a series of consecutive calendar days, defined by SoGreatWall, immediately following registration of a selected subscription plan. During this period the subscriber will have access to all the features and services available in the selected subscription plan. The subscriber is entitled to withdraw from the agreement during this period and thereby incur not cost. For the avoidance of doubt, the can use the free trial period not more frequently than once every 3 years, unless otherwise deemed by SoGreatWall.com. If the trial period is used, the billing cycle starts on the first calendar day after the conclusion of the trial period.
    13. Termination of Trial – shall be deemed as a statement from the subscriber or SoGreatWall.com, submitted and received electronically by SoGreatWall.com, or submitted and received in writing before the end of the trial period.
    14. Termination of subscription – shall be deemed as a statement from the subscriber or SoGreatWall.com, submitted and received electronically by SoGreatWall.com, requesting the termination of service and subscription, effective with the end of the billing cycle in which is way submitted and received.
    15. Removal of account – accounts remain active until the subscriber or user decides to terminate the subscription, or fails to render payment for services. The SoGreatWall reserves the right to remove user accounts, without notice or reason, or block accounts and prevent future access. Such situations can occur when the User violates the terms & conditions, conduct illegal activities, or use the services for illegal activities.
    16. Agreement – shall be deemed as an agreement between SoGreatWall.com and the subscriber, pursuant to which SoGreatWall.com undertakes to provide services to the subscriber through its web application, and the subscriber agrees to pay remuneration in the form of a subscription fee for services in the amount specified in the selected subscription plan.

§2 General Provisions

  1. SoGreatWall.com is owned and operated by the limited liability corporation WebQuest sp. z o.o. with its registered office in Warsaw.
  2. SoGreatWall enables its users to access and use its services, which, is to be understood as access to analytical and reporting tools enabling the analysis of social media channels and ecommerce websites in the form of interacting reports and data visualization, based on data collected by the service.
  3. The use of the service constitutes the acceptance of the terms & conditions herein, with all the related benefits and consequences.

§3 Terms of service

  1. By the acceptance of the terms & conditions, the subscriber declares to use the service to the extent specifically set forth in §2 point 2. Responsibility for damages caused by improper use of the service by the subscriber or user lay with the subscriber or user exclusively.
  2. It is prohibited to use the service for the following purposes without the prior written consent of SoGreatWall.com:
    1. Sell reports or other elements of the service marked as property of SoGreatWall.com and bearing trademarks of ownership or intellectual property belonging to SoGreatWall.com or its partners. Exceptions are provided by WebQuest sp. z o.o. in writing.
    2. Copy or monitor information contained in the service using bots or any other automated software that operates on the same basis.
    3. Perform activities that may have a negative impact on the infrastructure or performance of the service
    4. Linking to fragments of the website without prior authorization
    5. Copying the service SoGreatWall.com in part or in its entirety and republishing on other websites or services
  3. By accepting these terms & conditions, the subscriber agrees to pay remuneration to SoGreatWall.com in the form of a subscription fee, whereas SoGreatWall.com agrees to render services to the subscriber the scope of which are outlined in §2 point 2.
  4. Use of the service is only possible through logging into a registered account, and only on one’s own behalf. The use of the service by a person other than the account holder, be it the subscriber or user, implies that the person has a valid power of attorney to do so. In the absence thereof, or exceeding the scope of the power of attorney, the person is solely responsible for their actions.
  5. If the subscriber is suspected of providing false data or the appearance of legitimate doubt to the authenticity of data provided by the subscriber, SoGreatWall.com reserves the right to request confirmation or identity and authenticity of provided information, in particular, by requesting submission of relevant documents confirming this data. Failure to comply with these requests may result in the termination of subscription.
  6. The subscriber agrees to immediately notify SoGreatWall.com, if there has been any unauthorized use of the subscribers account or information, or even the suspicion of its use. Notifying SoGreatWall.com does not relieve the subscriber of responsibility for any damages caused by unauthorized use of the account, unless the disclosure of the data was due to willful misconduct on the part of SoGreatWall.com.
  7. SoGreatWall.com reserves the right to terminate a subscriber’s or users account, if the subscriber or user has used the service contrary to its intended purpose and by doing so has violated the terms & conditions of the user agreement.
  8. SoGreatWall.com reserves the right to refuse service to selected subscribers or users without giving a reason.
  9. To remove any doubt, it is to be understood that the user agreement for the use of SoGreatWall.com becomes effective and binding at the time of registration, upon its acceptance.
  10. The user agreement is effective for a definite period of time: 30 days or 365 days. The agreement effective for a period of 365, may be terminated by either party pursuant to the termination of subscription. After the expiry of the period for which the agreement is effective, in the absence of the subscriber’s statement that they intend to continue to use the service, the agreement is converted to an agreement effective for an indefinite period, which either party may terminate pursuant to the termination of subscription.
  11. In the event that the subscriber is an individual and not a company or a legal entity, they have the right to terminate the agreement within 10 days of its start (or the start of the trial period), without providing an explicit reason. The subscriber may not terminate the subscription on these terms if he has started actually using the service (e.g. logged into the system). In the event of termination in this form, the fee paid by the subscriber will be refunded using the same method of payment originally used.
  12. In the event the subscription is terminated, the service will be available to the subscriber and user up to the end of the paid for billing cycle. SoGreatWall.com is not obliged to reimburse the subscriber of the unused period.
  13. The subscriber is entitled to change the selected subscription plan at any time. Changing the subscription plan during the billing cycle to one with a lower subscription fee does not entitle the subscriber to seek reimbursement of the difference from SoGreatWall.com
  14. SoGreatWall.com reserves the right to change the fees for subscriptions. In the case that fees are changed, the subscriber will continue using the originally subscribed plan for the originally agreed fee and is not effected by the changes – until the expiry of the current subscription.

§4 Scope of services

  1. Usage of the service in the scope defined in §2 point 2 of the user agreement is subject to the subscription plans presented on the website www.sogreatwall.com/plans.html
  2. The subscription fees for each subscription plan as well as the details of services provided within the scope of each plan are defined on the website www.sogreatwall.com/plans.html

§5 Subscriber obligations

  1. Any use of the service by the subscriber or user shall be in accordance with the generally applicable laws and rules of social coexistence.
  2. Subscribers shall not use the accounts of other subscribers or share accounts with other persons, with the exception of users.
  3. Subscribers are obligated to provide remuneration for the services provided by SoGreatWall.com, payable monthly in advance on the first day of the billing cycle. Payments will be charged automatically with the prior consent of the subscriber expressed during the registration process. Payments will be processed by the chosen payment intermediary Paylane Sp. z o.o. or PayPal (Europe) S.à r.l. & Cie, S.C.A. In order to facilitate the payment, the users data may be shared with the above mentioned payment processors in order to facilitate and complete the payment.
  4. WebQuest is obliged to issue an invoice or other accounting document for paid services.
  5. Payments by bank transfer must include details of sender and/or invoice number to which the payment relates. Not providing this data may delay the booking of the payment, which as a consequence may temporarily prevent the use of the service.
  6. The date of payment from subscriptions shall be the date of receipt of payment on the accounts of WebQuest.
  7. By accepting these terms & conditions, the subscriber authorized WebQuest to issue VAT invoices (pro forma invoices and to transmit them electronically in accordance with the Regulation of the Minister of Finance dated July 14, 2005, on the issuing and sending of invoices electronically, as well as storing and sharing this information with the tax authority (Dz.U. 2005 Nr 133, poz. 1119).
  8. In the case where payment from the subscriber is delayed for more than 10 business days, SoGreatWall.com will send the subscriber, to the provided e-mail address, a request for prompt payment, which will include a penalty of 10 EUR (or 40 PLN), setting a 7 day limit to settle the due. Not settling the outstanding payment entitles SoGreatWall.com to block the subscriber’s account. Re-enabling the subscriber to access their account is possible after payment of the outstanding debt including interest.
  9. SoGreatWall.com reserves the right to change the subscription fee, where changes will occur no more frequently than every 6 months. Changing the subscription fee in this way does not constitute a change of the terms & conditions or the user agreement.

§6 Personal Data Protection

  1. The personal data administrator will be the limited liability corporation WebQuest sp. z o.o. with its registered office in Warsaw, ul. Nowogrodzka 50/515 postal code 00-695. Upon accepting the terms & conditions herein, the subscriber or user agrees for the operator to process his/her personal data in order to ensure proper functioning and usage of the service and for marketing purposes.
  2. The provision of data is voluntary, however, necessary for the proper access, functioning and usage of the services. The subscriber has the right to inspect their data, the right and the obligation to update their data, and the right to demand their removal.
  3. After the termination of this agreement (regardless of the mode or manner in which the termination occurred), SoGreatWall.com will not process the personal data of the subscriber. SoGreatWall.com, however, reserves the right to process personal data after termination of the agreement, insofar as it is necessary to settle any outstanding payments.
  4. SoGreatWall.com undertakes not to disclose the subscriber’s personal data to any third parties, with the exception of obligation arising from the provisions of applicable laws, or when the release of such data will be required by enforcement of legal authority.
  5. Subscribers may receive information about other subscribers only in cases regulated by the terms & condition herein, or other justified instances, with the prior approval of the parties it pertains.
  6. The subscriber shall not divulge to third parties or users information about other subscribers, which was received from SoGreatWall.com in connection with the use of the services.
  7. SoGreatWall declares that it uses cookies to collect information about the service and its usage. The servers of SoGreatWall save files on the user’s computer which subsequently allow the service to identify the user at each successive visit and logging into their account. Cookies can be disabled; however, they do not interfere with the operation of the computer used to access the service. Cookies are used to monitor the user’s usage statistics, as well as to keep users logged in, after the initial login, while navigating the service. Thanks to this users don’t have to re-enter their credentials when moving from one subpage to another.

§7 Copyright

  1. Subscribers publishing any copyright content on the service shall waive any claim against SoGreatWall.com pertaining to royalties for use of these contents.
  2. The subscriber grants SoGreatWall.com the right to royalty free usage in presentation and other promotional materials data and statements provided by the subscriber

§8 Responsibility

  1. SoGreatWall.com is not responsible for the content posted by the subscriber, the user, or third parties by way of the service.
  2. By accepting the terms & conditions of the user agreement, the subscriber acknowledges that he/she bears the full responsibility for breaking the law or harm caused by their action within the service, including, in particular, violation of the personal rights of others.
  3. Use of the site and its services is done so at the sole risk of the subscriber.
  4. SoGreatWall.com will exercise due effort in order for the use of the service to be possible in accordance with its intended purpose, which is not the same as granting by SoGreatWall.com a guarantee for the proper operation of the service at all times.
  5. SoGreatWall.com does not accept any liability for damages resulting from the interruption or failure of the service, unless this damage is the result of the willful misconduct or gross negligence of SoGreatWall.com. In this case, SoGreatwall.com will be required to repair the damage caused. The liability of SoGreatWall.com is limited to the amount of 12 monthly subscription fees, in force at the time of the harmful event.
  6. In the case of their occurrence, the subscriber agrees to pay all damages resulting from actions that are unlawful, actions contrary to the terms & conditions, or inaction by the subscriber, user, or third parties to whom access was granted, regardless of the guilt. This includes promptly releasing SoGreatWall.com of all claims directed to the subscriber by third parties.

§9 Claims and complaints

  1. Any disruption in the functioning of the service may be submitted by the subscriber within 7 days of the occurrence, by sending an appropriate claim to support@sogreatwall.com
  2. Correctly submitted claims will be considered within a period not exceeding 14 days from the date of receipt. SoGreatWall.com reserves the right to not respond to claims or complaints, if the submission is the result of ignorance of the terms & conditions, or of non-compliance of the subscriber to the requests of SoGreatWall.com
  3. In order to consider a claim or complaint, SoGreatWall.com reserves the right to intervene in the subscriber’s account, to which the subscriber hereby consents.
  4. Ruling on a claim or complaint by SoGreatWall.com is final.
  5. In the case of a complaint concerning services provided by third parties through the site, the claim or complaint will be promptly forwarded to the appropriate party.

§10 Technical requirements

  1. The proper usage of the service requires access to the internet, email, and a standard web browser using HTTP or HTTPS with the active support of cookies, login and password. Minimum screen resolution is 1024x768.
  2. SoGreatWall.com is not liable for non-compliance with the technical requirements necessary to use the service.
  3. Using SoGreatWall.com by way of scripts that mimic human behavior is prohibited.

§11 Final Provisions

  1. SoGreatWall.com reserves the right to unilaterally amend the terms & conditions of the user agreement without giving reason for the change.
  2. SoGreatWall.com agrees to notify by e-mail, to the address provided at registration, about material changes in the terms & conditions, to those subscribers whom they concern directly.
  3. In the case that a change in the terms & conditions occurs, the subscriber upon logging into their account will be presented with the new terms & conditions. Confirmation by the subscriber that they have read and agree to the new terms and conditions in its entirety is also confirmation of the will to remain in a contractual relationship with SoGreatWall.com. Lack of acceptance of the new terms & conditions is equivalent to the termination of the agreement.
  4. In cases not covered by the terms & conditions, the civil code of the Republic of Poland applies.
  5. Any disputes related to the services provided by SoGreatWall.com shall be settled by the courts located in the city of the registered office of WebQuest sp. z o.o.
  6. SoGreatWall.com explicitly states that the service as well as all materials, information, texts, solutions, navigation, graphic elements, code and interactivity of the web application are the property of SoGreatWall.com. However, data and information displayed within the service is provided and owned by the relevant social media service and governed by the terms and conditions of their developer APIs which can be found at the following locations:
    https://developers.facebook.com
    https://developers.google.com/youtube/
    https://vk.com/terms
    https://dev.twitter.com/
  7. Communication between SoGreatWall.com and the subscriber may take the form of e-mail or telephone.
  8. This user agreement and its terms & conditions enter into force on April 30, 2014.

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