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Terms and Conditions of Automatic Business Modeler software in the SaaS model 1. Initial Provisions 1. The present Terms and Conditions determine the detailed principles of provision by the Administrator
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Terms and Conditions of Automatic Business Modeler software in the SaaS model 1. Initial Provisions 1. The present Terms and Conditions determine the detailed principles of provision by the Administrator i.e. Algolytics Sp. z o. o. with its registered office in Warsaw, at ul. Wołodyjowskiego 38a, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Department of the National Court Register, under KRS number , National Business Registry Number (REGON) , Tax Identification Number (NIP) , of Services ensuring use of the Automatic Business Modeler application, available at https://e-abm.pl/#/ or its extension. 2. The main object of activities of the Administrator is sharing the Services against payment and free of charge, on Hardware Platforms, in particular sharing the Application. 3. Terms and Conditions of the Application are provided free of charge, for each User at a. b. In the Account tab in the Application after the User logs in in a manner enabling downloading, saving and printing the Terms and Conditions. 4. Before using the Services, the User confirms that he/she has become acquainted with the content of the Terms and Conditions by way of a separate declaration of will submitted in electronic version, by selecting an appropriate box at the ABM Website. 5. Web pages of the ABM Website operate on the basis of cookies technology. The principles of using cookies by the Administrator are included in the Terms and Conditions. 2. Definitions 1. The Administrator - Algolytics Sp. z o. o., having its registered office in Warsaw, ul. Wołodyjowskiego 38a, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Department of the National Court Register, under KRS number , National Business Registry Number (REGON) , Tax Identification Number (NIP) , initial capital: (two hundred twenty two thousand) PLN. 2. Application - Automatic Business Modeler application, made available for use in the Software as a Service model by the Administrator at the ABM Website used for automatic creation of prediction models and data scoring. 3. Price a fee for the Service (payable each time) selected by the User, stated by the Administrator next to this Paid Service; 4. Time of Access the term each time indicated at ABM Website at Paid Service, when the Administrator provides the Paid Service; the Time of Access is an integral element of the Agreement; the Time of Access is calculated in days. 5. Data - any data, including Personal Data supplied to the Administrator or available to it, as well as shared by the Users at the ABM Website in any way, in particular during Registration, using the ABM Website or the Service, as well as sent to the Administrator via or submitted by phone or otherwise; 6. Personal Data - any information concerning the identified or identifiable natural person; 7. User Data - a collection of information, Data and other elements presenting and describing the profile of a given User, transferred voluntarily and independently by the User to the ABM Website. 8. Application Documentation the documentation determining functionality of the Application, available at: https://e-abm.pl/documentation/#. 9. Password - a sequence of characters determined by the Administrator or the User in order to provide the User with authorized access to the Account and/or the Service; 10. Account space network of the User at the ABM Website, available after logging in (i.e. entering the Login and the Password) including a collection of the User Data and enabling the User to use the Application, in particular to enter, use and manage the data, descriptions and other elements related to participation in the ABM Website, as well as to perform operations related to operation at the ABM Website using tools provided by the Administrator; 11. Login - individual and unique name enabling identification of the User at the ABM Website that has been completely selected by the User during the Registration at the Website, in particular the address specified by the User; 12. Payment Operator - entity providing payment services as defined by the Act of 19 August 2011 on payment services (Journal of Laws as amended); 13. Partner entity other than the Administrator or the User that, on the basis of a separate agreement of cooperation concluded with the Administrator may (via the ABM Website or beyond it) offer the Users its services, not provided by the Administrator; 14. Hardware Platforms programming environments on which the ABM Website is available according to the technical conditions specified in the Terms and Conditions, in particular computers. 15. Terms and Conditions this document, specifying rights and obligations of the Administrator and the User using the Application, constituting the terms and conditions, and referred to in Article 8 of the Act on electronic provision of services, available at: a. b. In the Account tab in the Application after the User logs in 16. ABM Website-website being property of the Administrator, available at https://e-abm.pl/#/ on Hardware Platforms; 17. Service services rendered by the Administrator electronically on the terms provided in the Terms and Conditions including Paid Services and Free-of-Charge Services consisting in enabling the User to use the Application. 18. Free-of-Charge Services - services rendered by the Administrator at the ABM Website electronically on the basis of the Terms and Conditions, except for the Services for which payment is expressly reserved (Paid Services); 19. Paid Services Services rendered by the Administrator electronically at the Website on the basis of the Terms and Conditions for which the Price is expressly reserved, about which the User is informed prior to the beginning of the use of the Paid Service; 20. User entity with the right to use the Service or other persons authorized by the User to use the Service, e.g. employees, collaborators, consultants, contractors, agents, etc. 3. Scope of the Service 1. Logging in to the Application enables the User to use the Service, including in particular: a. automatic creation of prediction models and data scoring, b. saving data in the database of the Administrator, c. using the free electronic assistance in the scope concerning the User using the Service. Assistance is available on working days, Monday to Friday, at 9:00AM - 5:00 PM CET at address: d. after logging in, access to the Documentation Application without any time constraints, via the website https://e-abm.pl/documentation/#. A detailed description of functionality of the Application is available at https://eabm.pl/documentation/# 4. Principles for the Service Agreement 1. The Service Agreement is concluded by the User with the Administrator of the Website, as stipulated in the Terms and Conditions. 2. The User is bound by the provisions of the Terms and Conditions from the moment of their acceptance when concluding the Agreement concerning a given Service. 3. The User concludes the Agreement concerning the Service, including Paid Service by submission of an order covering: a) selection of the Paid or Free-of-Charge Service if such an option is available for a given User at the ABM Website; b) Registration of the Account including approval of the Terms and Conditions and c) activation of Access in the case of Paid Service. 4. The User activates access to Paid Service at his/her choice: a) by payment of the Price using on-line payment or card payment; b) by transfer to the bank account of the Administrator. 5. Receipts for the Paid Service when the Price has been paid by bank transfer can be received in the registered office of the Administrator. At the request of the User, the Administrator will issue a VAT invoice, which will be submitted to the address indicated in such a request. 6. The Paid Service Agreement is concluded for a definite period of time equal to the Time of Access. 7. The Free-of-Charge Service Agreement is concluded for a definite period of 14 days. 8. The Administrator can offer the User, at the time of concluding the Agreement or during its effective term, extension of effective term of the Agreement by a period equal to another Time of Access. 9. In the event when the User decides to extend the effective term of the Agreement during effective term of the Paid Service Agreement or the Free-of-Charge Service Agreement, the Paid Service Agreement is concluded for definite time equal to the Time of Access whose run begins simultaneously with the end of the current Time of Access in the case of Paid Service, or upon a 14-day period for which the Paid Service has been made available to the User, unless the User requests prior launching of the Paid Service. 10. The Time of Access is notified to the Registered User before entering into the Paid Service Agreement. The Time of Access to Paid Service is an integral part of the Agreement. 11. The Services are available only to the User having an active Account at the ABM Website. For the whole effective period of the Service Agreement, the User is obliged to have an active Account. 12. The User may, at any moment, remove his/her Account from the ABM Website. For this purpose the User should contact the Administrator. 13. Removal of the Account will prevent access to Paid and Free-of-Charge Services, about which the User will be informed by the Administrator. 5. Registration and Account 1. The Registration on the ABM Website is voluntary. 2. Registration is a condition for creating the Account. 3. Registration is done through: filling in, by the User of the ABM Website, the Internet registration form available at the ABM Website, by supplementing information boxes indicated therein: a) accepting the Terms and Conditions and permitting to process Personal Data contained in the Registration form for the purposes of provision of services at the ABM Website; b) sending by the Administrator a message with the Password to activate the Account to the address of the User of the ABM Website, stated in the Registration form, which, in the case of Paid Service will take place after the User activates the access to Paid Service in a manner indicated in 4 of the Terms and Conditions and after the User's payment of the Price for the Service is verified positively by the Payment Operator or the Administrator,; c) activation of the Account by logging in, including entering the Password and the Login being at the same time the address of the User indicated when filling in the registration form. During the first logging in, the User will be automatically asked for changing the Password to the one individually indicated by the User. 4. During the Registration procedure, specification of Personal Data is voluntary, however, in order to create the Account, it is necessary to specify, during Registration, the following information: a) full name; b) address; c) company; d) contact phone no.; e) country of origin; f) intention to use the Application g) Tax Identification Number and address for deliveries if the User submits a request to issue the VAT invoice. 5. As a result of successful Registration, the User of the Website creates and Account and obtains access to the Services provided by the Administrator, and selected by the User. 6. The User may have only one Account at the Website. 7. The Registered User is obliged to protect his/her Password and not to share it with other users of the Website or third parties. 8. The user is obliged to promptly notify the Administrator in the event of becoming aware that a third party has taken possession of the Password. In the case of no notification, the User may bear the risk related to a third party using his/her Account. 9. The address specified by the User can also be used for electronic communication between the Administrator and the User. 6. General terms of provision of Services 1. The Service may be provided as Free-of-Charge or Paid Service. 2. Access to the Service, including the Application, is obtained the User by opening a proper page at the ABM Website and logging in to the User Account, unless expressly reserved otherwise. 3. Within the ABM Website, the User may gain access to the following Services: 1) Trial Service enabling free-of-charge use of the Application with full functionality for the period of 14 days, given that this period is counted from the date of activation of the Account; 2) Basic Service enabling paid use of the Application with full functionality for the period of 1 month or 1 year, counted from the date of concluding the Agreement, which includes: a. automatic creation of prediction models and data scoring, b. saving data in the database of the Administrator, c. using free electronic assistance in the scope concerning the User using the Service. Assistance is available on working days, Monday to Friday, at 9:00AM - 5:00 PM CET at address: d. the possibility to launch, at the same time, 1 prediction model construction process e. limit of 100 processes that can be activated altogether within a month (Converter: process launch in Quick mode x1 process launch in Advanced mode x3 process launch in Gold mode x5) f. 500MB of disk space 3) Standard Service enabling paid use of the Application with full functionality for the period of 1 month or 1 year, counted from the date of concluding the Agreement, which includes: a. automatic creation of prediction models and data scoring, b. saving data in the database of the Administrator, c. using free electronic assistance in the scope concerning the User using the Service. Assistance is available on working days, Monday to Friday, at 9:00AM - 5:00 PM CET at address: d. the possibility to launch, at the same time, 3 prediction model construction processes, e. limit of 250 processes that can be activated altogether within a month (Converter: process launch in Quick mode x1 process launch in Advanced mode x3 process launch in Gold mode x5), f. 2GB of disk space. 4) Premium Service enabling paid use of the Application with full functionality for the period of 1 month or 1 year, counted from the date of concluding the Agreement, which includes: a. automatic creation of prediction models and data scoring, b. saving data in the database of the Administrator, c. using free electronic assistance in the scope concerning the User using the Service. Assistance is available on working days, Monday to Friday, at 9:00AM - 5:00 PM CET at address: d. the possibility to launch, at the same time, 10 prediction model construction processes, e. limit of 1000 processes that can be activated altogether within a month (Converter: process launch in Quick mode x1 process launch in Advanced mode x3 process launch in Gold mode x5), f. 10GB of disk space. 5) Custom Service enabling paid use of the Application with full functionality in the period and on the terms agreed individually between the Administrator and the User. 4. The Administrator is entitled to temporary and short-term down-times of the ABM Website or particular Services for its improvement, adding the Services or conducting the maintenance. 5. The Administrator is entitled to conduct, at the ABM Website, information, promotional and advertising activity, including posting advertisements of goods and services at the Website. 6. The Administrator does not provide services offered by the Partners, in respect of which the Agreement concluded according to the Terms and Conditions is exclusive of such services. 7. The Services offered by the Partners are provided by them and are subject to separate principles regulated by the Partners. The User will be informed about the terms on which the Partners provide their services at the ABM Website before beginning to use them. 8. In the event of temporary deactivation of provision of Services the Administrator shall notify the Paid Service Users thereof, and access to the Service will be accordingly prolonged at the request of the Paid Service User, sent in the complaint mode to the address of the Administrator. 9. The Administrator is not an entity providing payment services. 7. Technical requirements necessary to use the Services 1. Technical terms of use of the ABM Website are significant for its proper functioning, as well as for the security of the Data stored on the Account. 2. Access to and use of the ABM Website and the Application are possible for the User using a computer: a) equipped with any operating system; b) with one of the following browsers installed, with enabled operation of cookies and JavaScript: c) Broadband Internet access. i. Chrome (the latest version); ii. FireFox (the latest version); 3. The condition for using the Services at the ABM Website is, in addition, that the User must have an inbox. 8. Personal Data protection and processing and Privacy Policy 1. Personal Data are subject to legal protection, and the administrator of the Personal Data processed within the ABM Website is the Administrator. 2. Every User has the right to inspect his/her Personal Data processed by the Administrator, the right to correct his/her Personal Data, as well as to demand to cease processing such data and to remove them. 3. In order to exercise the rights referred to above, it is required to send a proper request in writing to the Administrator with the following note: Personal Data or via to Revocation of consent to processing of the User's Personal Data by the Administrator is tantamount to resignation from the use of the Service and will result in removal of personal data of the User. 4. The Administrator does not share the User Personal Data in any way other than stemming from the object of activity of the ABM Website or the scope of granted consents and statements, to other data administrators without the legal basis ordering the Administrator to do so, and ensures making any effort so that Personal Data are guarded properly, and especially as stipulated in the provisions of the Act on personal data protection and executive regulations issued on its basis. The User Personal Data may be, however, entrusted to another entity for processing as necessary to provide the Services, in accordance with the Act on personal data protection of 29 August 1997 (Journal of Laws 1997 no. 133 item 883 as amended). 5. The Administrator pays special attention to Users' privacy protection, selects and uses, with all due diligence, any technical and organizational measures ensuring protection of the processed Personal Data including security of programming nature, such as data encryption systems. The Administrator, in particular, protects data against their disclosure to unauthorized persons and processing with violation of binding legal regulations. The Administrator exercises constant control over data processing and limits access to the data by third parties to the greatest possible extent, giving appropriate authorizations only when it is provided by the law. 6. Personal Data of the User are processed in order to provide the Service. The collected personal data may also be used for informing the User on the Administrator and the services provided by it. The Administrator reserves the right to disclose selected information concerning the User or other natural person using the Services to competent authorities, or to third parties that report a request to provide such information, relying on an appropriate legal basis, only when it is compliant with the regulations of the law binding on the territory of the Republic of Poland. Apart from cases above, information regarding the User will not be disclosed to any third party without permission of the User, excluding cases in which entrusting processing of personal data to third parties is necessary to complete the Service. 7. Under the Service implementation, the following data are processed: full
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