SentiOne Terms of Service

DEFINITIONS

  1. The following terms and conditions (the “Terms of Service”) name the conditions of using SentiOne.pl website, in particular the rights and obligations of registered Users of SentiOne.com.
  2. In these Terms of Service, the following expressions shall have the following meanings:
    1. Account – the method of giving the User access to the resources of the Website by the Operator.
    2. Account Administrator – User who has the right to use and manage the Account.
    3. Account Owner – User who created the Account.
    4. Agreement – agreement for the e-services made by and between the User and the Operator by means of the User's Registration on the Website and acceptance of the Terms of Service.
    5. Billing Cycyle – period of time, during which the User will have the access to the Webiste's services, provided that the paid the Subscription fee.
    6. Key Word – string of characters defined by the User and monitored at their behest by the System in the Internet.
    7. Login – unique name used for the identification of the User on the Website.
    8. Operator – a company acting under the business name SentiOne LLC with its registered seat in Gdańsk, ul. Lęborska 3B, 80-386 Gdańsk, REGON identification number: 145863272, NIP: 5252520285, entered in the Register of Entrepreneurs of the National Court Register with KRS number: 0000400624, with a share capital of PLN 1.233.450,00.
    9. Password – a string of characters chosen by the User and assigned to the User's Account, required for the access to the Website.
    10. Plan – variant of the Account, chosen from the available Plans in the Client Panel in the System.
    11. Registration – creating the Account by the User, using a registration form, provided by the Operator on the Website.
    12. Service – service offered by the Operator through the Website under the terms and conditions set forth in the Terms of Service.
    13. System – software monitoring the activicty of Internet users, available on the SentiOne.com website.
    14. Terms of Service – the following terms of service.
    15. The Price List – an offer presenting comparison of the variant of the Account and the price, proposed by the Operator of the Website. The Price List is available on the website of the Operator.
    16. The Subscription Fee – total monthly charge for the access to the Account, defined in the Price List. The Subscription Fee consists of:
      1. basic fee for the chosen Plan,
      2. ffee for the additional User Accounts.
    17. Trial Period – defined by the Operator period of 14 (fourteen) calendar days, during which the User is granted access to the Website's services free of charge.
    18. User – a natural person with full legal capacity and any legal person or an organizational unit other than body corporate yet given legal personality by the act who by the acceptance of the Terms of Service gained access to the Services provided by the Operator.
    19. Website – the Internet website SentiOne.com, operating under the URL http://sentione.com together with the System, managed by the Operator, under terms and conditions defined in the Terms of Service.

GENERAL PROVISIONS

  1. The Terms of Service define the rules for the use of the Website and the Services offered by the Operator, as well as specify the rights and obligations of both the Operator and the User.
  2. Through the Website and based on the terms specified in the Terms of Service, the Operator provides Services of market and public eye Internet research considering products and services provided by the Users, i.e.:
    1. online monitoring of brands, products, services, topics, persons and events,
    2. archiving database with monitoring results,
    3. preparing reports and analyses based on the monitoring results,
    4. providing information on new online monitoring results.
    5. The Operator provides two versions of the Service:
      1. SentiOne Search,
      2. SentiOne PRO.
  3. SentiOne Search Service is free of charge, the access does not require Registration or login, but only reading and accepting terms and conditions included in the Terms of Service by the User.
  4. SentiOne PRO Service is subject to payment, subject to Article 7 of the Terms of Service. Only the Users who have read and accepted terms and conditions included in the Terms of Service as well as registered their Account according to the instruction indicated in the Terms of Service shall have the access to the Service.
  5. Each User has the right to use the SentiOne PRO Service one time for the period of 14 (fourteen) consecutive days free of charge (the “Trial Period”).
  6. The Operator has the right to entrust the administration of the Website to the third party, for which the User hereby agrees to.
  7. Minimum technical requirements of the Users computer system to use the Website:
    1. Internet connection,
    2. CPU 2.00 GHz
    3. RAM: 1 GB;
    4. Operating system Windows Vista/7, Mac OS X, Ubuntu 11.04 or later, respectively
    5. Minimum screen resolution 1280x800,
    6. Browser:
      1. Firefox 4 or later,
      2. Opera 11.10 or later,
      3. Safari 5 or later,
      4. Chrome 17 or later,
      5. Internet Explorer 9 or later,
      6. JavaScript enabled
      7. Cookies enabled.
  8. The Operator reserves the right to amend technical requirements of the system and manner of providing the Service, for which the User hereby agrees to.
  9. The Operator shall make all effort for the Service-related data online transmission be secure, understood as that the information is transferred observing its confidentiality, integrity and completeness.
  10. The Operator shall not be held liable for technical problems or limitations regarding the IT hardware on the User end, which may render it impossible for the User to use the Site and/or any Services provided thereby.

ACCOUNT REGISTRATION

  1. The access to the SentiOne Search Service does not require creating an Account by the User.
  2. The access to the Trial Period is available after the Registration of the User on the Website and thereby creating an Account using a registration form (available on http://sentione.com) and providing following personal data by the User:
    1. e-mail address,
    2. individual Password to the Account,
    3. unique name of the company that uses the Account or information that the party registering is a natural person that is not self-employed.
  3. Personal data is posted on the Website by the User using method described in the following paragraph of the Terms of Service.
  4. The access to the Trial Period of the SentiOne PRO Service is available after the User follows the instruction included in the Article 2 of the following chapter.
  5. In order to gain the access to the SentiOne PRO Service after the Trial Period is finished, the User shall choose and configure the Plan and finish the Registration by providing additional personal data:
    1. for the natural person:
      1. name(s),
      2. surname,
      3. address,
      4. mailing address,
      5. phone number,
    2. for the legal person or organization unit without legal personality:
      1. full company name,
      2. NIP number,
      3. entrepreneur address,
      4. mailing address (if different from the entrepreneur address),
      5. phone number,
    subject to Article 8 of the following chapter.
  6. The Operator reserves the right to amend the registration form by adding additional fields which filling shall be optional.
  7. By accepting the Terms of Service User becomes obligated to provide real personal data or shall otherwise be blocked from the Website.
  8. The User is solely responsible for the provided personal data. In addition, the User shall be responsible for keeping the Password in confidentiality.
  9. By providing the Service to the User, the Operator does not guarantee finding all monitored Key Words that appear and are available on the Internet.
  10. Should the User decide to use the Service in the Billing Cycle, the Operator is obliged to send the User the pro forma VAT invoice on the e-mail address given during Registration for the provided Service within 3 working days from the day of choosing and configuring the Plan and receiving the personal data mentioned in Article 3 of the following chapter.
  11. In order to use the Billing Cycle the User is obliged to follow the instruction provided in the Article 3 of the following chapter as well as pay for the received on the e-mail address pro forma VAT invoice for the provided Service.
  12. Non-payment of the Subscription Fee till the payment deadline specified in the pro forma VAT invoice for the Subscription Fee shall result in blocking the User from the Account for 7 days. Making the payment by the User for the Subscription Fee within 7 days from blocking the access to the Account shall result in immediate unblocking the access. The ineffective expiration of the 21-days term counted from the day of blocking the access to the Account shall result in automatic deletion of the Account and termination of the Agreement.
  13. The payment term is understood as the day when the Subscription Fee is credited to the bank account of the Operator.
  14. Payment of the Subscription Fee by the User in the time limit specified in the pro forma VAT invoice shall result in the commencement of the next Billing Cycle.

TRIAL PERIOD

  1. Trial Period lasts 14 (fourteen) consecutive days.
  2. The Operator reserves the right to block the User from the Website during the Trial Period, if:
    1. the User, or the person they are responsible for, violated the regulations of the Terms of Service,
    2. The Operator makes an assumption that the User registered more than one Account in the System.

TERMINATION OF THE AGREEMENT

  1. The Agreement becomes terminated after 7 days from the blocking the User access to the Account, which becomes blocked due to non-payment of the Subscription Fee in the term specified in the pro forma VAT invoice.
  2. Should the User terminate the Agreement prior to the end of the Billing Cycle, they shall have the access to their Account and to the Service till the end of the fully paid Billing Cycle.
  3. The Operator reserves the right to denounce the Agreement with immediate effect, if the User:
    1. provides false personal data during Registration,
    2. uses the System to infringe personal rights,
    3. displays other behaviors that are considered inconsistent with applicable laws, principles of community life or general rules of the Internet,
  4. Any User whose Agreement has been denounced in connection with the breach of the Terms of Service or in a way mentioned in the Article 3 of the following chapter, shall not be allowed to re-register without a prior consent of the Operator.

DISCLAIMER

  1. The Operator shall not be held liable for technical problems or limitations regarding the IT hardware on the User end, which may render it impossible for the User to use the Website and/or any Services provided thereby.
  2. The User is solely responsible for the content and genuineness of their personal data.
  3. All content attributed to the User as well as any orders made by any third parties signing in using the Users Login and Password shall be attributed to the User.
  4. The User is solely responsible for infringement of third party rights, or any loss of third parties as a result of or in connection with their behaviour (activity or neglect) as a result of using data provided by the Website.
  5. The Operator shall not be held liable in accordance with the provisions of articles 12-14 of the Act of 18 July 2002 on rendering electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
  6. The Operator shall not be held liable for nonperformance or misperformance of the Services for reasons attributable to third parties.
  7. The Operator shall not be held liable for the aftermath caused by force majeure.
  8. The Operator shall not be held liable for the availability and proper operation of external API's from social networks and other web services.

WEBSITE RULES OF USE

  1. The User is in particular obligated to:
    1. use the website in a way that does not distort its functioning
    2. to refrain from actions such as: sending or posting on the Website unsolicited commercial information, IT activities of any other activities aimed to acquire possession of information not intended for the User;
    3. use the Website in a manner consistent with the laws in force in the Republic of Poland as well as with the provisions of these Regulations,
    4. use the website in a manner consistend with the regulations of external social networks integrated with SentiOne, especially Facebook, Twitter, Instagram and YouTube,
    5. refrain from making IT modifications in the System,
    6. Refrain from posting any offensive, racist or pornographic etc. content
    7. use any content published on the Website or gained by the System solely to the Users own internal and personal use. Should the User wish to use the content provided by the system in any other way, the permission of the Operator is necessary. In the case of citation of any information obtained by the System, the User shall be obligated to always provide the source of the data acquired, using postscript: "Source: sentione.com".
  2. The Operator also allows the possibility to establish cooperation with the User, by entering a separate agreement for the provision of the Services. In this case, these Terms of Service shall become an integral part of such agreement.
  3. In case of Terms violation by the User, Operator reserves the right to terminate user's account or limit it's functionalities at any time with no explanation.

FEES

  1. Using the SentiOne PRO Service after the Trial Period is subject to payment,
  2. Details of the Subscription Fees can by found in the Price List of the Operator.
  3. Subscription Fees shall be paid in advance for each consecutive Billing Cycle.
  4. Day of the month, which will be considered the date of commencement of the Billing Cycle shall be the date when the first payment is credited to the bank account of the Operator. The Billing Cycle ends with a date that corresponds to the commencement day on which the given Billing Cycle started; if such day does not occur in the following month, the Period with end on the last day of the current month.
  5. The Subscription Fee is composed as follows:
    1. basic fee for the chosen Plan,
    2. fee for the additional queries,
    3. fee for the additional User Accounts.
  6. The information about the method of making the payment is available in the User panel in the System.
  7. Additional queries and additional User Accounts can be bought at any time and shall be valid when the payment in the amount indicated in the User panel is posted.
  8. User can resign from already paid additional plans in the User panel.
  9. Change of the plan is available at any moment.
  10. In case of switching the Plans from more to less expensive, the switch is introduced after the end of the paid Billing Cycle.
  11. In case of switching the Plans from less to more expensive, the Operator shall send the User pro forma VAT invoice for the quota that makes the difference between the fee for more expensive Plan for new Billing Cycle (commencing with the change of the Plans) and the fee for the less expensive Plan (cheaper proportionally to the amount of days left to the end of the current Billing Cycle).The change in the Subscription Plan shall take effect with the payment of the pro forma VAT invoice.
  12. The User can buy additional Accounts and additional queries at any time. The User can activate additional Account or queries by giving adequate instruction to the Operator. The activation is automatic. Payment for the additional Account or queries shall be added VAT invoice for the next clearing period, reduced by the number of days that passed since the commencement of the current Billing Cycle.
  13. The User can resign from already bought additional Accounts or queries at any time. In this case, additional Accounts or queries shall be blocked immediately.
  14. The Subscription Fees can be paid via bank transfer on an individual bank account or an online payment system available in the User panel in the System.
  15. The Operator shall reserve up to 3 days from making the payment by the User for booking the transfer in the System.
  16. The Operator shall reserve up to 3 days from booking the payment to issue a VAT invoice. The User agrees to send them the invoice via e-mail.
  17. The Operator shall reserve the right to make changes in the Price List. These changes shall be announced in the “Pricing” bookmark and shall be in force since the commencement of the next clearing period.
  18. Online payments are serviced by PayLane sp. z o.o. which is located in Gdańsk, Poland at ul. Arkońska 6/A3, zip code: 80-387, KRS: 0000227278.

DOWNTIME

  1. The Operator is entitled to temporary downtime in the operation of the Website and breaks in provision of the Services.
  2. The Operator shall make every effort for the technical breaks to occur at time when the inconvenience become reduced to a minimum.
  3. In case of a downtime lasting in excess of 24 hours at a time, the Operator shall inform the User about the occurrence via e-mail.
  4. For any technical break lasting in excess of 24 hours at a time, the User shall have the right to apply to the Operator, with a request to extend the Billing Cycle, during which the technical break occurred, by the same period as the downtime lasted.

PERSONAL DATA PROTECTION

  1. Upon acceptance of the Terms of Service, the User agrees for the company SentiOne LLC with its registered seat in Gdańsk, ul Lęborska 3B, 80-386 Gdańsk (the „Organizer”) to process their personal data in order to allow using the Service of the Organizer as well as conduct by the Organizer other marketing actions in the future.
  2. Upon acceptance of the Terms of Service, the User declares, that they has read following admonition:
  3. Using the Service provided by the Organizer may only be used subject to the personal data voluntary provided to the Organizer. Each User of the Website has unlimited access and possibility to amending own personal data. After the end of using the Service of the Organizer, personal data of the Users shall be used for marketing purposes of the Organizer. The recipient of the personal data of the Users is the Organizer.
  4. The personal data administrator shall be the Operator who processes the personal data in accordance with the law, in particular with the provisions of the Personal Data Protection Act dated 29 August 1997 (consolidated text, Journal of Laws from 2002, No. 101 item 926, as amended) and the Act of 18 July 2002 on rendering electronic services (Journal of Laws from 2002 No. 144, item 1204, as amended).
  5. The Operator shall reserve the right to disclose selected information concerning the User to competent authorities or third parties upon request for such information, based on an appropriate legal basis and in accordance with the applicable laws.
  6. Transaction data, in that personal data, can be transferred for the benefit of PayLane Sp. z o.o. located in Gdańsk at Arkońska 6/A3, zip code: 80-387, KRS: 0000227278, on the terms that it will be beneficial in services connected to processing payments.
  7. Each User has the access to own personal data, as well as the right to correct and complete them. The User has also the right to request the cease of processing their personal data and deleting them, which shall be tantamount to loss the right to use the Service by the User and deleting their Account.
  8. The User is responsible for all personal data of other persons (including their name, surname, phone number or e-mail address) posted by them on the Website, under the condition that they do not violate the regulations consistent with the laws in force.
  9. The Operator reserves the right to process the personal data of the Users in order to create, amend or terminate legal relation between the User and the Operator.
  10. The Operator declares that cookies are used in order to collect information related to the provision of the Services. These are files that the Operators server saves on the Users computer so that User could be "recognized" at each successive visit to the Account. The cookies do not interfere with operation of the computer used by the User to access the System and the User is free to disable cookies through the options menu in the web browser. However, disabling cookies may adversely effect the Site usability (e.g. it may prevent the use of specific functions, or prevent receiving personalized information when using the Site). Cookie files allow:
    1. keeping the User signed in throughout the session (after the initial signing in) so that the User is not requested to sign in with their Login and Password moving from one subpage of the Site to another;
    2. building the statistics for the Sites subpages.
  11. The Operator declares that he will apply all diligence to ensure Users with a high level of security in using the Website. Any events effecting the security of information transmission, including suspicion of sharing files containing viruses or other files of similar nature, should be reported to the Operator using the address contact@sentione.com.
  12. The Operator informs and the User acknowledges that any notifications, information and other messages from the Operator, related to the provision of the Service, shall be send using electronic mail to addresses provided in the registartion form.

CLAIMS AND COMPLAINTS

  1. Any complaints relating to the provision of the Services by the Operator should be addressed to the e-mail address contact@sentione.com or to the mailing address:
    SentiOne Sp. z o.o.
    ul. Lęborska 3B
    80-386 Gdańsk
  2. The complaint letter should contain:
    1. name and surname - in the case of a natural person,
    2. the business name - in the case of a legal person or an organizational unit other than a legal person, however recognized as having legal personality under the Act,
    3. the Users Login,
    4. the exact address of the entrepreneur, optionally the mailing address, should it be different from the address of seat or residence,
    5. the email address provided during the Registration,
    6. a detailed description and reason of the complaint.
  3. The Operator refuses to consider any complaints resulting from non-compliance with the Terms of Service.
  4. The Operator shall consider the complaint within 7 business days from the date of its reception.
  5. The consideration of the complaint by the Operator shall be considered final.
  6. All other notes, comments and questions concerning the operation of the Website may be directed by email to: contact@sentione.com.

CLOSING PROVISIONS

  1. Access to the latest version of the Terms of Service is available on the Website under the URL http://sentione.com in the „Terms of Service” bookmark, in a format ready to download, save and print.
  2. The Operator reserves the right to amend the Terms of Service at any time.
  3. In case of the amendment the Terms of Service, the Operator shall inform about the fact on the Website under the URL http://sentione.com in the „Terms of Service” bookmark with 7 days notice. The User shall be bound by the new Terms of Service, should they not denounce the Agreement at the earliest possible time of denunciation. In case of denunciation the Terms of Service by the User, the Agreement terminates with effect from the day of last, fully paid Billing Cycle.
  4. The Operator declares that the Website, the System and all elements it includes are exclusive property of company SentiOne LLC with its registered seat in Gdańsk, ul. Lęborska 3B, 80-386 Gdańsk, REGON identification number: 145863272, NIP: 5252520285, entered in the Register of Entrepreneurs of the National Court Register with KRS number: 0000400624, with a share capital of PLN 1.233.450,00.
  5. The Operator reserves the right to transfer all or part of the rights and obligations arising from the Terms of Service onto a third party or entering into outsourcing contracts related to them; the User hereby agrees to it by becoming bound by the Terms of Service.
  6. The User may not assign or waive any rights or obligations under the Terms of Service without a written consent from the Operator.
  7. In matters not covered by these Regulations, the provisions of the Civil Code and other acts of law shall apply.