Terms and conditions

§1. General provisions

1. These Regulations, together with all appendices thereto, define the terms and conditions for the provision and use of the services available in the Website (hereinafter also referred to as “VOXES”), the administrator and Service Provider of which is Patryk Gułaś conducting business activity under the name of Indefio Patryk Gułaś with its registered office in Łęczna (21-010) at ul. Spacerowa 1/38, NIP: 5050127076.

2. VOXES, by making available the resources of the ICT system and servers, allows Users/Businesses to store and share their content (data) on the Website.

3. The Website is intended to present User Statements on various types of products and services, in particular on computer applications and programs, allowing them to submit comments, corrections, opinions and suggestions on specific products in order to improve their efficiency and functionality.

4. Subject to the provisions of these Regulations, it is hereby acknowledged that the storage of Users’ content on the Website entails the possibility that such content, once uploaded to the Website, will be indexed by online search engines.

5. By using the Website, a User or a Business accepts these Regulations and attachments hereto and undertakes to abide by all of its provisions. The use of the Website requires the acceptance of all the provisions of the Regulations. By starting to use any of the functionalities of the Website, the User agrees to all its terms and conditions and undertakes to observe them unconditionally.

6. In general matters related to the operation of the Website, the Users/Businesses may contact the Operator by sending an e-mail to help@voxes.io.

7. The Operator makes these Terms of Use available to the Users free of charge in a manner allowing its downloading, copying and printing.

8. From the moment of starting to use the Website, the User and the Business are obliged to observe the provisions of these Terms of Use.

§2. Definitions

The terms written in these Regulations with capital letters shall be defined as follows:

Payment Provider – means the business entity – Stripe Payments Europe, Ltd., based in Dublin (C/O A&L Goodbody Ifsc North Wall Quay Dublin 1, Dublin 1, Co Dublin, operating at the following address: https://stripe.com;

Business – an entity that uses a paid service (including access to the Business Cockpit) provided by the Operator, with the proviso that during the initial period of using the Website (up to 10 people who voted, commented or created a post) the service provided to the Business shall be free of charge;

Form (Comment Form) – an IT tool (field, table, tab, survey) made available to the User as part of the Website, through which the User can publish Comments on the Website;

Account – a section of the Website maintained for the User, allowing him to use the Website, where User data and his activities on the Website will be collected, marked with a unique User ID containing his login (e-mail address) and password, made available to the User by the Operator, with access to specific functionalities and services of the Website;

Login and Password – unique data entered by the User/Business during registration on the Website, which cannot be shared to third parties; the User shall receive a confirmation of having been assigned a login and a password by e-mail.

Operator – the owner and operator of the Website – Patryk Gułaś running business activity under the following name: Indefio Patryk Gułaś with its registered office in Łęczna (21-010) at ul. Spacerowa 1/38, entered in the Central Register and Information on Economic Activity (CEiDG), e-mail address: help@voxes.io.

Business Cockpit – a separate management module, a subpage of the Website (software provided by the Service Provider) containing dedicated functionalities and made available to the Business;

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Regulations – these Regulations and appendices thereto forming an integral part thereof;

Registration – the act of creating an Account on the Website by the User;

Website – an online web portal available at https://voxes.io, run by the Operator under the terms and conditions specified in the Regulations, administered by the Operator, providing Users and Businesses with IT tools for posting content, exchanging information and presenting testimonials and opinions;

Service – a service provided by the Operator by electronic means on the terms specified in these Regulations;

Unpaid Service – a service provided free of charge to the User;

Paid Service – a service provided for a Business; a payment service offered by an entity selected by the Service Provider, providing services involving the provision, maintenance and processing of credit card, payment card or bank transfer payments as part of online banking;

User – a natural person with full legal capacity, a legal person, an organisational unit without legal personality which was granted legal capacity by the relevant statute but does not have the status of Business, which makes use, via the Website, of Unpaid Services provided by the Operator in accordance with these Regulations;

Comments – all content and materials, in particular: texts (opinions, remarks, reviews, descriptions, comments), photographs, test results, links (URLs), audiovisual or multimedia materials, logos, placed and published on the Website by Users or Businesses.

§3. Types and scope of services

1. Subject to the terms specified in the Regulations, the Operator runs an online platform to provide paid and unpaid Services.

2. As part of the Website, the Operator provides Comment Forms for use by Users and Businesses to publish their subjective Comments about Businesses’ products and services.

3. As part of the Website, Businesses are provided with access to the Cockpit by the Operator.

4. The Operator provides the following functionalities for the exchange of information between Users and Businesses:

 a. a post-publishing system allowing Users and Businesses present their comments

 b. a post-voting system

 c. a Comment-upvote system

 d. a product's Roadmap preview system – a Roadmap is simply posts grouped by status

5. The Website is an ICT platform which enables the provision of the following unpaid services to Users:

 a. placing Comments in the Forms;

 b. reading Comments of other Users and Businesses;

6. In their Comments, Users may give opinions on and suggestions for products or services provided, as long as they comply with the Regulations.

7. The Website is an ICT platform which enables the provision of the following services to Businesses:

 a. obtaining information about the products and services being the subject of opinions;

 b. obtaining information about the vision for product or service development (the roadmap);

 c. providing a link (URL) to the Business’ website;

 d. sharing Forms;

 e. setting up the Business’s profile and providing access to that profile after its successful registration;

 f. ensuring the possibility of logging into the Website;

 g. changing the status of a Comment;

 h. adding further comments to a Comment;

 i. buying and changing the subscription plan and changing payment details.

8. The use of the Website by the User and the Business is possible provided that the User's and Business's ICT system meets standard technical requirements:

 a. Active connection to the Internet,

 b. Standard web browser,

 c. Having an active e-mail address,

 d. Standard operating system.

9. The Operator reserves the right to modify the technical method in which the Service is provided.

10. The Operator takes steps to ensure proper operation of the Website and undertakes to remove any irregularities in its operation without undue delay.

§4. Logging into the Website

1. The use of the Website by the User/Business is possible after logging in to it and creating a User Account using the online tools available on the Website.

2. Provision of the Service is possible only after acceptance of the Regulations and the Privacy Policy.

3. The User/Business can register using the registration form by entering their e-mail and password.

4. The registration form for Users and Businesses is the same and the same type of account is created through registration.

5. Each User can set up a Business Cockpit of which he will be the administrator and which will be assigned to his Account.

6. The User/Business is responsible for keeping their password and other credentials necessary to use the Website confidential.

7. It is forbidden for the User/Business to use the personal data of other persons on the Operator's Website.

8. Each User may have one account only. The Operator may refuse to create an Account having a specific name and delete an already created Account at any time if it is already used within the Website or if the Operator obtains reasonable, reliable information that it is contrary to the law, good manners or violates personal rights of third parties.

9. Access to the Account may not be transferred to another User or third party.

§5. Rights and obligations of Businesses

1. The User who wants to obtain the status of a Business shall be granted access to the Business Cockpit.

2. After accessing the Business Cockpit, the User receives access to the Business's administration panel. By default, each Business Cockpit is created with a free subscription plan, which allows access to the Business’s public website.

3. If the number of Users (those who voted, commented on or created a post) exceeds 50 or number of categories exceeds 2, access to the public website will be blocked and the Business will receive a notification in the administration panel on the need to upgrade the subscription plan.

4. The subscription plan may be changed at any time during the use of the Website.

5. After the 50 User or 2 categories limit is reached, access to the Business Cockpit shall be changed to payable.

6. The Operator's remuneration for the service of making the Business Cockpit available depends on the number of actual Users who publish their Comments in the Business Cockpit, as well as on available functionalities.

7. The monthly remuneration of the Operator for each subscription plan is available on https://voxes.io/pricing.

8. Payments shall be made in arrears for a given account period via Stripe (stripe.com).

9. For the purposes of the subscription plan upgrade fee, the Business will be asked to provide the following information: e-mail address, payment/credit card details, owner's name on the card, country or region of the Business.

10. After starting the subscription, the Payment Service Provider will collect the required amount of remuneration on a monthly basis.

11. If the subscription plan is changed, the price shall be calculated in consideration of the time remaining in the current plan.

12. The Business may cancel the subscription.

§6. Rights and obligations of Users/Businesses

1. The User/Business is obliged to:

 a. use the Website in a manner that does not disturb its operation,

 b. use the Website in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of these Regulations, and the Privacy Policy,

 c. refrain from actions such as sending or publishing on the Website unsolicited commercial information, as well as actions aimed at obtaining legally protected information which was not addressed to the User,

 d. refrain from undertaking advertising, commercial or promotional activities, including “product placement”,

 e. whenever required, provide true data that is not misleading or infringes on the rights of third parties,

 f. not to use the Website services in a manner which is burdensome for other Users/Businesses;

 g. refrain from submitting and transmitting content which is prohibited by applicable laws and regulations,

 h. observe the property rights or personal rights of the Operator, the Website and third parties, in particular the personal rights of other Users.

2. It is forbidden to post on the Website Comments which:

 a. call for aggression and violence, endorse racial or ethnic discrimination, discrimination conditioned by gender or religion, etc., are pornographic in nature,

 b. contain links (URLs) to other websites in the Comment body;

 c. contain personal and contact details, including e-mail addresses;

 d. are vulgar, offensive, aggressive or have a form of expression which may be considered to stand in contrast to morality or infringe the rights of third parties;

 e. otherwise violate the rights of the Operator, other Users/Businesses or the Website.

3. The User/Business has the right to:

 a. have uninterrupted access to the Website, subject to § 11 of the Regulations;

 b. notify of any violation of his/its rights and any breach of the rules set out in the Regulations or the Privacy Policy, as well as of any irregularities, defects or interruptions in the operation of the Website and of the improper quality of the Services – by sending an e-mail to help@voxes.io.

4. The User may terminate the contract at any time and without stating any reason. A declaration of termination of the contract may be submitted by each User in writing or by e-mail, to the address of the Service Provider. Submitting such a declaration shall mean that the Account will be deleted.

§7. Comments

1. Each User and Business is entitled to submit a Comment. Comments submitted by these parties may be removed by the Operator. At the same time, the Operator would like to stress that this provision does not aim to restrict freedom of speech, but rather to ensure respecting the principle of objectivity and fair competition.

2. The User/Business can edit and delete a Comment once they posted it.

3. The User may post only fact-based Comments on services and products available on the Website. Comments should be formulated in a clear and comprehensible manner.

4. All published opinions, comments and testimonials are Users’ subjective statements. Individuals posting untrue statements and opinions that violate the law or protected rights of third parties may be subject to criminal or civil liability.

5. A User’s Comment having the nature of a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text in Journal of Laws of 2018, item 1191, as amended), shall mean granting to the Operator a non-exclusive, free of charge and non-transferable licence to use such a work, which shall include, in particular, publication of the work on the Website, as well as in other materials. In case of doubt, licence shall be granted with regard to all fields of use known at the time when the Opinion was published, in accordance with Article 50 of said Act.

6. The Website does not constitute a public forum serving the distribution of any content. The possibility of publication of Comments serves the purpose of exchanging factual, truthful information that is observant of the law in force and good manners, and pertains to the service or products. The Website may restrict the User's or the Business's freedom of expression on a discretionary basis by deleting or refusing to publish a Comment, in particular if the Comment:

 a. is not of an informational nature and is an advertisement within the meaning of the Act of 16 April 1993 on combating unfair competition (consolidated text, Journal of Laws of 2018, item. 419, as amended) and the Act of 23 August 2007 on preventing unfair market practices (Journal of Laws 2007 No. 171, item 1206, as amended),

 b. infringes the copyrights of third parties, in particular plagiarises other works, and the User/ Business is not the sole author of the Comment,

 c. violates the personal rights of the Website or third parties, is in conflict with the interest of the Website, in particular contains references to entities running activities that are competitive to that of the Website,

 d. contains e-mail and website addresses,

 e. contains words that are vulgar, offensive or threatening,

 f. is in conflict with these Regulations, the Privacy Policy or contains other content prohibited by the law in force,

 g. in any other case which the Operator deems justified.

7. The Website reserves the right to verify the authenticity of the Comment by contacting the User/Business (a verification text message or e-mail) in accordance with the Privacy Policy.

8. User’s Comment may be commented on by another User or Business, to which the User agrees.

9. Comments posted on the Website by Users/Businesses are an expression of Users’ subjective opinions. Users/Businesses shall take responsibility for the content of their Comments.

10. The Operator does not control or monitor the Comments posted by Users or Businesses on the Website. The Operator does not verify the Comments posted on the Website for truthfulness or factual content.

11. The Operator has the right to block access to a Comment in whole or in part if it does not comply with the Regulations or the law in force.

12. Any violation of the provisions of these Regulations by Users/Businesses should be reported to help@voxes.io.

§8. Rights and obligations of the Operator

1. The Operator must:

 a. make every effort to ensure uninterrupted and correct access to the Website,

 b. promptly repair any defects to the Website reported by the User,

2. The Operator has the right to:

 a. temporarily suspend the Website for the duration of maintenance activities or modification of the Website as well as due to force majeure,

 b. send to the e-mail addresses of Users/Businesses technical communications on the functioning of the Website and the provision of the Service,

 c. block the accounts of Users/Businesses whose activities have violated the provisions of generally applicable law and these Regulations,

 d. send a warning to the User/Business via e-mail in case of violation of these Regulations;

 e. delete a Comment if it violates the provisions of generally applicable law or these Regulations;

 f. block the User's/Businesses' access to the Website

§9. Operator's liability

1. The Operator shall not be liable for any actions of the User or the Business resulting from a specific use of the Website, including any damage. Such actions or omissions shall be the sole responsibility of the User/Business.

2. The Operator shall not be liable for Business’s activities, including for products or services offered by the Business as well as the level and quality of customer service after the purchase of a product or service.

3. The Operator shall not be liable for technical problems or technical limitations in the User's or Business's computer equipment, which prevent him from using the Website.

4. The Operator shall not be liable for any infringement of the rights of third parties or any damage caused to third parties as a result of or in connection with activities carried out by a User or a Business, in particular in case of infringement by a User or a Business of copyrights and other intellectual property rights of third parties.

5. The Operator shall not be responsible for ensuring the truthfulness of the content of the Website made available from the Business's websites, in particular information concerning products and services, including prices and descriptions.

§10. Complaint procedure

1. Users and Businesses have the right to submit complaints in matters related to the operation of the Website.

2. Complaints may be submitted in writing, by registered letter, to the following address: Indefio Patryk Gułaś with its registered office in Łęczna (21-010), Spacerowa 1/38, or by sending an e-mail to help@voxes.io, stating the reason for complaint.

3. Complaints shall be considered within 14 days from the date of receipt by the Operator of a correctly submitted complaint (i.e. one that contains the required elements and does not require being supplemented), subject to the possibility of extending the prescribed time limit by no more than 8 days, should it be necessary to explain the cause of the complaint in detail.

4. As part of the complaint procedure, the Operator has the right to interfere with the User Account or the Business Cockpit.

5. The User/Business will receive information on how the complaint will be dealt with by e-mail to the address provided during registration.

6. Complaints with vulgar or offensive content directed at the Operator will not be considered.

§11. Force Majeure

1. The Operator shall not be liable for interruptions in the functioning of the Website and interruptions in the provision of the Service caused by force majeure understood as an event which could not be predicted and whose consequences could not be prevented.

2. In particular, acts of force majeure shall be considered to include acts of catastrophic nature (e.g. fire, flood, earthquake, hurricane), acts of legislative and executive authorities, disturbances to community life (e.g. wars, riots, emergencies) and malfunctions of the servers through which the Website operates.

3. In case of force majeure, the Operator is obliged to immediately inform the User / Business about the interruption to the provision of the Service and state the reason for it.

§12. Right of withdrawal

1. The User who is a consumer may withdraw from the Service Agreement specified in these Regulations without providing any reason; however, the following conditions shall apply:

 a. The deadline for withdrawal from the agreement is 14 days from the date of concluding the agreement, which shall be understood as the first logging into the Website and accepting the Regulations and Privacy Policy;

 b. To meet the above deadline, it shall be sufficient to send a statement of withdrawal before its expiry;

2. The declaration of withdrawal from the Agreement may be submitted by the User in writing to the Operator's address or in an electronic form to help@voxes.io.

3. In accordance with Article 38 (13) of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827) the right of withdrawal from an off-premises contract (supply of digital content) shall not be granted to a consumer if he agreed to have the provision of the service started before the expiry of the 14-day withdrawal period and after being informed by the Service Provider about the loss of the right to such withdrawal.

4. If the User withdraws from the Agreement in the Account registration procedure, a non-activated Website Account shall be immediately deleted.

§13. Personal data protection

1. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the User/Business agrees for the Operator to process personal data provided in the registration form and the data updated during the use of the Website for the purpose of providing the Service.

2. The Operator processes personal data in accordance with the Privacy Policy published on the Website, available at https://voxes.io/privacy.

3. By accepting the Regulations, Users agree to the processing of their personal data.

§14. Disputes resolution

1. In the event of a dispute arising from the provision of the Service by the Operator to a User or a Business, negotiations shall be conducted first to resolve it amicably. The User/Business and the Operator resolve to negotiate in good faith and to engage persons having the authority to issue binding decisions.

2. If within 30 days from the commencement of negotiations the User/Business and the Operator fail to reach an agreement, the dispute shall be submitted to a competent common court of law.

§15. Operator's contact details

All written or electronic correspondence should be delivered to the Operator through the following means of contact:

 a. tel. +48 792 074 765,

 b. e-mail: help@voxes.io,

 c. address: 21-010 Łęczna, ul. Spacerowa 1/38

§16. Final provisions

1. These Regulations shall enter into force on March 30th, 2020.

2. All correspondence, messages and information delivered in electronic form from the Operator to the User or the Business shall be sent to the e-mail address provided on the Website.

3. The Operator reserves the right to unilaterally amend and modify the Regulations. Amendments to the Regulations shall enter into force 7 days after publishing the amended text of the Regulations on the Website and notifying Users and Businesses of this fact.

4. In the event of not accepting amendments to the Regulations, a User or a Business shall refrain from using the Service and immediately inform the Operator about their decision. In such a case, declaring non-acceptance of the Regulations shall be deemed as a termination of the Agreement, thus resulting in the deletion of the User's Account or the Business's Cockpit, respectively.

5. If a provision of these Regulations becomes invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of the Regulations. The Website shall endeavour to replace an invalid or ineffective provision with a new, legally enforceable provision.

6. In matters not regulated by these Regulations, the provisions of generally applicable Polish law shall apply and any disputes shall be resolved by Polish courts of competent jurisdiction.

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