REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES – SUBLIME ANALYTICAL PLATFORM
These regulations define, in particular, the types and scope of services provided by electronic means, the conditions for the provision of these services, including technical requirements and the prohibition of providing illegal content, the conditions for concluding and terminating contracts for the provision of electronic services and the complaint procedure , by Marketing Engineers Group sp. z o.o. with its seat in Warsaw, Puławska 2, Stairs B, Floor 5.
§ 1 Definitions and general provisions
1. The following terms used in these regulations mean:
a. Services provided electronically – services performed by sending and receiving data via ICT systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, and the data is transmitted via public networks within the meaning of telecommunications law;
b. Analytical Platform – a service provided electronically by the Service Provider available at: www.usesublime.io ;
c. Service Provider – Marketing Engineers Group sp. z o.o. with its seat in Warsaw, Puławska 2, Stairs B, Floor 5;
d. Service Recipient – an entity using the services of the Service Provider – via the Analytical Platform, which is a party to the contract for the provision of services, being a natural person, legal person or an organizational unit without legal personality, which undertakes to comply with the Regulations;
e. Regulations – this document specifying in particular the types and scope of services provided by electronic means, the conditions for the provision of these services, including technical requirements and prohibitions on the provision of illegal content, conditions for concluding and terminating contracts for the provision of electronic services and complaint proceedings;
f. ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of telecommunications law;
g. Electronic communication means – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, in particular e-mail.
2. The service provider provides services electronically at: www.usesublime.io .
3. Expressing consent to comply with the Regulations when launching the service available on the website www.usesublime.io is tantamount to accepting the terms of the Regulations.
§ 2 Types and scope of services provided by electronic means
1. The service provider provides via the Analytical Platform available at www.usesublime.io the following services by electronic means:
a. access to the Analytical Platform enabling the analysis of data from various sources belonging to the Service Recipient (including: marketing, sales, website traffic);
b. the ability to create and modify charts, summaries and data sets within the Analytical Platform based on data entered by the Service Recipient;
c. the ability to access source data entered by the Customer on the Analytical Platform through the use of SQL;
d. the ability to download reports in pdf / csv format from the Analytical Platform or directly to the e-mail address provided;
e. maintenance and updating of data entered by the Customer on the Analytical Platform;
f. administration of access to the Analytical Platform.
§ 3 Terms of providing services by electronic means
1. The Service Provider provides services to the Service Recipient to the extent and under the conditions set out in the Regulations.
2. The Service Recipient undertakes to comply with the Regulations.
3. The Service Recipient is obliged to use the Analytical Platform and the services provided, in a manner consistent with the law, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties.
4. The Service Recipient is obliged to:
a. not to abuse the means of electronic communication, in particular by causing a work disturbance or overloading the ICT systems of the Service Provider or other entities directly or indirectly participating in the provision of electronic services;
b. not to take actions aimed at testing the possibility of breaking or bypassing the security of the Service Provider’s ICT systems, as well as any other activities that lead to obtaining unauthorized access to all or part of the Service Provider’s ICT systems;
c. use the services provided by the Service Provider in a manner consistent with generally applicable law, morality or the legitimate interests of the Service Provider;
d. not to share data for logging in to the services provided by the Service Provider to unauthorized persons;
e. not to deliver by or to the Service Provider’s ICT systems content that violates the interests of third parties, generally accepted social standards or is inconsistent with generally applicable law, or their introduction or dissemination through the Service Provider’s ICT systems is a violation of generally applicable law.
5. The Service Recipient undertakes to release the Service Provider from liability related to the content introduced by the Service Recipient to or through the Service Provider’s IT systems in violation of point 4 above, in particular in the case of third party claims against the Service Provider.
6. The Service Provider is not liable for damages caused by the use of the Analytical Platform in a manner inconsistent with generally applicable law, morality, or otherwise inconsistent with the Regulations.
7. The Service Provider is not liable for damages caused by the use of the Analytical Platform by an unauthorized person who, as a result of the Service Recipient’s act or omission, gained access to the services provided by the Service Provider.
8. The Service Provider is not obliged to check the content entered by the Customer to the Analytical Platform. In the event of obtaining reliable information or official notification of the unlawful nature of such content or activities related to it, the Service Provider may remove such content and / or suspend the Service Recipient’s access to the services provided. In this case, the Service Provider is not responsible for removing the content referred to in this point or for suspending access to the Analytical Platform.
9. The Service Provider reserves the right to carry out the necessary maintenance works of the ICT system, which may cause temporary difficulties or prevent the Customers from using the Analytical Platform.
10. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily stop or limit the provision of services, without prior notification and without prior notification and carrying out maintenance works aimed at restoring the security and stability of the ICT system.
11. The Service Provider undertakes to maintain the confidentiality of all information, including personal data entered by the Service Users into the Service Provider’s IT system, with the exception of:
a. publicly available or commonly known information, unless it has become publicly available or generally known as a result of violation of the law or contractual obligations between the Service Provider and the Service Recipient;
b. disclosure is required by the provisions of generally applicable law,
c. with the prior consent of the Customer to disclose the information.
§ 4 Complaints procedure
1. Complaints related to the use of the Analytical Platform may be submitted in writing to the Service Provider’s address indicated in § 1 point 1 lit. d of the Regulations or in electronic form to the following address: support@usesublime.io.
2. The complaint should include a description of the complaint: information and circumstances regarding the subject of the complaint (type and date of the event resulting in the complaint) and the request of the Service Recipient submitting the complaint, his contact details.
3. The Service Provider considers complaints immediately, no later than within 14 days from the date of its submission.
4. The Service Recipient submitting a complaint about the Service Provider’s decision regarding the complaint will be informed in the return message to the complaint – in the form in which the complaint was submitted.
§ 5 Minimum technical requirements needed to use the services provided electronically
1. Technical requirements necessary to use the Analytical Platform:
a. Internet connection: 1 Mbit / sec;
b. Web browser;
c. Browser plugins: Java / Flash.
§ 6 Particular risks related to the use of the service provided by electronic means
1. The use of services provided electronically is associated with the risk of infecting the IT system with undesirable software, including software whose only purpose is to cause damage.
2. In order to avoid the risks related to unwanted infection of the IT system, it is recommended to install anti-virus software on the computer used by the Service Recipient. It is recommended that the antivirus program is constantly updated as soon as possible updates are available and that the Client has a system firewall running on the computer.
3. The Service Provider declares that he applies security measures aimed at preventing or significantly hindering breaking into the Service Provider’s system.
§ 7 Final provisions
1. In matters not covered by the Regulations, the provisions of generally applicable law shall apply.
2. For the assessment of the rights and obligations arising from the Regulations, Polish law is applicable.
3. The Service Provider reserves the right to amend the Regulations for important reasons, in particular changes to the law to the extent to which the changes affect the implementation of the provisions of the Regulations, with the proviso that the changes will not in any way infringe the rights acquired by the Service Recipients.
4. Detailed information on the processing of the Customer’s personal data in connection with the use of the Analytical Platform is described in the Data Processing Agreement signed prior to the commencement of the provision of services by the Service Provider.
Warsaw, 1.09.2021
