TERMS AND CONDITIONS OF THE WEBSITE AND APPLICATION IC PROJECT

§ 1. DEFINITIONS.

1. Website – Internet service available at: www.icproject.com, operated by the Seller,
2. Rules and Regulations – these rules and regulations (of the Website and the Application), referred to in Article 8 of the Act of July 18, 2002 on Electronic Service Provision,
3. Seller – nGroup System Sp. z o.o., ul. Malików 150d; 25-639 Kielce, NIP: 9591926129, REGON: 260468463, registered in the National Court Register by the District Court in Kielce, X Economic Department of the National Court Register, under KRS number: 0000385149, share capital PLN 30,000 (fully paid up), email: support@icproject.com
4. Client – a Consumer or Entrepreneur using the services provided by the Seller electronically on the Website (including, in particular, by creating an Account) or entering into an Agreement with the Seller,
5. Consumer – a consumer within the meaning of Article 221 of the Act of April 23, 1964. – Civil Code, i.e. a natural person with full legal capacity or, in cases provided by law, with limited legal capacity, entering into a Sales Agreement with the Seller or using services provided by the Seller electronically to the extent not directly related to his/her business or professional activity,
6. Entrepreneur – an entrepreneur within the meaning of Article 43(1) of the Civil Code, i.e. a natural person, a legal person or an organizational unit without legal personality, to which an act grants legal capacity, conducting business or professional activity on its own behalf, concluding an Agreement with the Seller or using other services provided by the Seller electronically,
7. Registration Form – a form available on the Website that allows you to create an Account,
8. Account – a set of resources in the Seller’s ICT system, marked with an individual name (login) and password assigned to the Customer, in which the Customer’s data is collected, including in particular information about placed Orders, the establishment of which requires the Customer to complete the Registration Form,
9. Order – a declaration of will of the Customer, constituting an offer to conclude a Contract with the Seller,
10. Agreement – an agreement within the meaning of the Civil Code concluded between the Seller and the Customer at a distance through the Website, in the Polish language, the subject of which are Services,
11. Service – the subject matter of the Agreement, available on the Website, concluded in accordance with the provisions of these Regulations,
12. Deployment Service – a separate Dedicated Service designed to facilitate the start of the Customer’s use of the Software, implemented remotely or onsite in the form of a plan: Basic, Premium or Pro. The Administrator provides a detailed description of each plan on the website: https://icproject.com/wdrozenia-ic-project/,
13. Proof of Purchase – a VAT invoice in electronic form, issued by the Seller and confirming the conclusion of the Contract,
14. Promotion – a strictly time-limited price discount on selected Services that may be subject to the Agreement, or any other benefit provided to the Customer in connection with the conclusion of the Agreement or the establishment of an Account,
15. Newsletter – a service provided electronically by the Seller upon prior consent of the Client, consisting in automatic receipt by the Client at the e-mail address provided by the Client of the most important information, including commercial information, related to the Website,
16. Privacy Policy – a document available on the Website, setting out the rules related to the processing of personal data by the Seller within the Website, being the Seller’s fulfillment of the information obligation referred to in the regulations on personal data protection,
17. Software – ICProject Application operating in the SaaS (Software as a Service) model, based on cloud work, managed by the Administrator, who makes it available to Users on computer and mobile devices, used in particular to manage resources and team tasks and time. The software is made available under the User Agreement.
18. Price List – a list taking into account the amount of fees, related to the use of the Software and specifying detailed issues related to the functionalities of individual versions of the Software, including their Access Limits, published at www.icproject.com. The Price List is an integral part of the Agreement concluded between the Administrator and the User;
19. Billing period – a strictly defined period of time for which payments for the use of the Software are made and for which one of the paid versions of the Software is available;
20. Subscription Fee – means the periodic fee (depending on the subscription plan selected) due to the Vendor from the Customer and paid by the Customer for each commenced Billing Period of use of the Service.
21. Access Limit – a limitation relating to the maximum number of persons who may have access rights assigned by the User to his/her Account. The size of the Access Limit for each version of the Software is specified in the Price List.
22. Force majeure – fortuitous events impossible to foresee and prevent, in particular: sudden major industrial and technological failures, cessation of energy supply, restrictions caused by war, strike, natural disaster, epidemic or order of national and local authorities preventing the implementation of the subject of the contract, etc.
23. Customer Content – any information produced or provided by the Customer and by persons authorized by the Customer as part of the use of the Service or the Software,
24. Civil Code – the law of April 23, 1964. – Civil Code (i.e.: Journal of Laws of 2019, item 1145, 1495),
25. DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market for Digital Services and Amendment of Directive 2000/31/EC (Digital Services Act).

§ 2. GENERAL PROVISIONS.

1. These Terms and Conditions apply to Contracts and other services provided by the Seller through the Software, available on the Website.
2. The services provided electronically by the Seller on the Website consist of enabling the Customer by the Seller:

a) to conclude Contracts under the terms of these Regulations,

b) Establish and have an Account on the Website,

c) receiving the Newsletter,

d) use of other services available on the Website.

3. services provided by the Software, under the concluded Agreement:

a) maintaining an individual Account,

b) creation and storage of databases,

c) resource management,

d) customer relationship management (CRM),

e) creation of plans/tasks,

f) Creating schedules and contact lists,

g) Employee time reporting,

h) Use of the communicator available in the Software,

i) Use of other services and features available in the Software.

4. The Vendor shall make the Software available in the following versions:

a) Basic/Premium/Pro(Paid versions of the Software) – Paid versions of the Software differing from each other in their specifications, functionalities and price of their provision. The Basic/Premium/Pro versions of the Software may be made available by the Vendor free of charge for a test period to a Customer who is an Entrepreneur, in order for Customers to familiarize themselves with its functionalities. Switching the Account from the test mode to the paid Account is tantamount to acceptance by the Customer who is an Entrepreneur of the presented form of the Software.

b) Custom Package – created at the request of the Customer who is an Entrepreneur, depending on individual needs.

5. With regard to Customers who have purchased the Software referred to in paragraph 4 above, the Seller shall make available the possibility of purchasing additional elements:

a) Ticket system – a special module that allows you to manage service requests,

b) Dedicated appearance – customization of the system’s appearance according to the customer’s requirements in terms of changing colors and updating the logo,

c) Premium support – dedicated support of the Customer Success department relying on the highest quality and priority of service,

d) Additional disk space – adding additional space for attaching files.

6. A summary of the functionalities, prices and specifications of each version of the Software can be found in the Price List.

7.  Announcements, advertisements, price lists and other information about the Services provided on the Website shall be read as an invitation to conclude an Agreement, taking into account Article 71 of the Civil Code.

8. the Internet service conducts sales on the territory and outside the borders of the Republic of Poland.

9. The Seller shall exercise the utmost diligence in the execution of Contracts and Orders.

10. Promotions may be organized on the Website under the terms and conditions specified and made public on the Website by the Seller. The Seller also takes into account the possibility of individual determination of the promotional price with the Seller depending on the selected Service and under the terms and conditions specified on the Website. 

11. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is a Consumer, to which he is entitled under generally applicable laws, including, in particular, under the provisions of the Civil Code and the Act of May 30, 2014 on Consumer Rights. In the event of any inconsistency between the provisions of these Terms and Conditions and the regulations referred to in this section, those regulations shall prevail.

12. The provisions of the Regulations concerning Consumers shall also apply to an Entrepreneur who is a natural person conducting business activity registered in the Central Register and Information on Business Activity (CEIDG), who concludes an Agreement directly related to his business activity, when at the same time it follows from the content of the Sales Agreement that it is not of a professional nature for such an Entrepreneur. Verification of whether an activity has a professional character will be carried out, in particular, on the basis of data from the CEIDG with regard to the subject of the activity conducted on the basis of PKD codes. Article 558§1 second sentence and Article 563 and Article 567 § 2 of the Civil Code shall not apply to the buyer referred to above.

13. In connection with the provisions of the Digital Services Act (DSA), the Vendor has designated a point of contact for direct communication with member state authorities, the Commission, the Digital Services Board, and also with customers in the form of an e-mail address: support@icproject.com.

14. A computer or mobile device that meets the following technical conditions is required for the effective implementation of the Services provided on the Website, in particular access to the Software:

a) Internet access,

b) Cookies and Java Script enabled,

c) Installed web browser in the current version (recommended: Google Chrome, supported: [Edge, Firefox, Chrome, Safari],

d) Screen resolution of at least 1366px,

e) Keyboard or other pointing device to correctly complete electronic forms,

f) Internet connection with a minimum bandwidth of download 1 mbit/s, upload 128 kbit/s,

g) Active e-mail account.

§ 3. THE RULES OF USE OF THE WEBSITE AND SOFTWARE AND THE RULES OF CONTENT MODERATION.

1. The Customer shall be obliged to use the Software and the Website in a manner consistent with applicable law, rules of social coexistence and good morals, taking into account respect for personal property and intellectual property rights of persons or third parties.
2. The use of the Website and the Software is entirely voluntary.
3. The Customer may not take actions that could affect the proper operation of the Software and the Website, including, in particular, the Customer may not:

a) interfere with the content and graphic elements of the Website,

b) Post unlawful content on the Website,

c) Introduce harmful data, especially in the form of malware, i.e. viruses, spyware files, etc., into the Software or the Website as an information system,

d) use the Website or the Software for purposes other than its intended use, i.e., in particular, he/she may not send out SPAM or similar messages or conduct any business, commercial, advertising or promotional activities on the Website for his/her own benefit, if this is not the subject of the Agreement.

4. When completing the Registration Form, the Customer is required to read and accept the Terms and Conditions and Privacy Policy.

5. When using the Software and the Website, the Customer is obliged to provide true and factual data and information necessary to establish an Account or to conclude and perform the Agreement.

6. If the Customer makes the use of the Software or the Account on the Website available to other persons, the Customer is obliged to acquaint them with the terms and conditions. The provisions of this paragraph shall apply accordingly.

7. The Seller is not responsible for the Customer’s Content posted on the Website, in cases where the Seller:

a) does not have actual knowledge of the Customer’s illegal activity or illegal Content, and, with respect to claims for damages, does not know of facts or circumstances that clearly demonstrate the Customer’s illegal activity or illegal Content, or

b) shall promptly take appropriate action to remove or prevent access to Customer’s illegal Content when it obtains such knowledge or news.

8. It is forbidden to transfer through the Website or the Software personal data of third parties without their consent. In the case of natural persons without full legal capacity, their consent should be given by their legal representatives or legal guardians.

9. If the Customer intends to post Customer Content on the Online Store, he is obliged to behave in accordance with the rules of social intercourse and good morals, including the proper and substantive use of written language.

10. Customer may not post Customer Content that constitutes illegal content within the meaning of the Digital Services Act (DSA), generally applicable laws, or that is otherwise inconsistent with the Terms of Service or good morals, which means, in particular, that Customer may not post Customer Content that:

a) contain links or other spam-like content,

b) are used to conduct activities competitive to the Seller, such as promoting competing websites,

c) are used to carry out unauthorized advertising, promotional, marketing activities, in particular through the placement of advertisements, sales and promotion of products, services, projects, collections,

d) constitute any work within the meaning of the provisions of the Act of February 4, 1994 on Copyright and Related Rights in a manner that infringes the intellectual property rights of the person or third party to whom such rights are vested,

e) concern technical matters related to the functioning of the Website,

f) are used to conduct activities prohibited by law, such as attempts to defraud and defraud other customers;

g) incite violence against any living being, including animals, or praise such violence;

h) propagate any fascist or other totalitarian state system;

i) incite hatred on the basis of gender, sexual, national, ethnic, racial, religious differences, or on the basis of irreligiousness, or praise such hatred;

j) insult a group of people or individuals because of their gender, sexual, national, ethnic, racial, religious affiliation, or because they are irreligious;

k) contain content of a chauvinistic or misogynistic nature, as well as bearing the hallmarks of gender discrimination;

l) Defame or insult any third party;

m) violate the personal rights of any third party;

n) infringe the copyright of any third party;

0) contain vulgarities or other content of an offensive nature;

p) incite or praise dangerous behavior;

q) offend religious feelings;

r) may cause discomfort to other users, particularly through lack of empathy or respect;

s) are otherwise contrary to or unlawful

11. All photos and other materials (including, in particular, texts, graphics, logos) that are works within the meaning of the provisions of the Act on Copyright and Related Rights of February 4, 1994 (i.e.: Journal of Laws of 2019, Item 1231, 2245), hereinafter collectively referred to as Materials, posted on the Website are the property of the Seller or have been used by the Seller with the consent of the person or third party who holds intellectual property rights to the Materials.

12. Both the Customer and any other person accessing the Website shall refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way (including, in particular, for marketing, commercial or profit-making purposes), the Materials posted on the Website without the written consent of the Seller or any other person or third party who holds intellectual property rights to the Materials, except for the use of such Materials within the framework of permitted use as referred to in the provisions indicated in the preceding paragraph.

13. Violation of the provisions of the preceding paragraph could constitute a violation of the law, and thus constitute grounds for civil or criminal proceedings against the persons or entities engaging in such practices.

14. The Customer shall bear full liability to the Seller and third parties or persons for damages related to:

a) Customer’s violation of clauses 9 and 10 above,

b) improper or unauthorized use of the Website, as well as for related technical problems, loss of data or other damage to the operation of the Website, including, in particular, for conducting the activities referred to in Section 3 of this paragraph.

15. The Customer’s liability referred to in the preceding paragraph includes both repairing the damage to the Seller and the third person or entity, as well as incurring additional costs that resulted from the damage, including, in particular, court costs, costs of legal representation, costs of enforcement proceedings and other reasonable costs incurred by the Seller in connection with the damage caused to him and in connection with claims of third persons or entities.

16. The vendor, if it becomes aware that the customer has committed violations of generally applicable laws, including the Digital Services Act (DSA) and these Regulations, may decide on the following restrictions on the provision of services:

a) Block access to such content on the Website,

b) Permanent removal of content from the Website,

c) blocking access to the Account,

d) permanent deletion of the Account,

17. Making the decision referred to in paragraph 16 of the Regulations, the Seller shall depend on the seriousness of the case and the degree of violation of generally applicable law or these Regulations guided by the principles of proportionality and adequacy.

18. A specific restriction will be made only after the reasons for the decision have been presented to the offending Customer. The Customer has the right to appeal against the Vendor’s decision on the terms set forth in the justification.

19. The Seller stipulates that, on its own and at times selected by it, it may verify Customer Content posted on the Website. Verification activities are undertaken by the Seller with due diligence and in good faith. Verification is performed in order to detect, identify and possibly remove, restrict or prevent access to illegal Content. The provisions of clauses 16 – 18 of this paragraph shall apply mutatis mutandis to the decision relating to the restriction of illegal or inappropriate Customer Content about which the Seller has obtained information in the course of its own verification activities. The verification activities described in this paragraph do not give rise to the Seller’s liability for the Customer’s Content, as referred to in paragraph 7 above.

20. In the event that the Customer (including any person using the Service or the Software), in good faith, becomes convinced that certain Content of another Customer constitutes Content that does not comply with Sections 9 and 10 of this Section, the Customer may notify the Seller by means of:

a) via email to: support@icproject.com,

b) through the contact form provided on the Website.

21. In order to facilitate the reporting procedure, the Vendor provides the Customer with a form for reporting a violation, which is attached as Appendix 3 to these Terms and Conditions.

22. The notification referred to in paragraph 20 above should include, in particular:

a) sufficiently substantiated explanation of the reasons why the person or entity alleges that the Customer Content does not comply with the Terms of Service;

b) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, if applicable, additional information to identify Customer Content,

c) The name and surname or name and e-mail address of the person or entity making the report, with the exception of a report on information considered to be related to one of the crimes,

d) a statement confirming the bona fide belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.

23. The Vendor shall acknowledge receipt of the application and perform verification of applications and follow-up in accordance with the provisions of these Regulations.

24. The Vendor stipulates that in the event of receipt of any information giving rise to a suspicion that a crime has been committed, is being committed or may be committed that threatens the life or safety of persons, it will inform the relevant law enforcement authorities or other competent public authorities.

25. The Seller shall allow the person reporting the violation to file an appeal against the Seller’s decision on the reported Content. The appeal must be submitted to the Seller immediately, but no later than within 14 days from the date of receipt by the notifier of the Response to the notification of infringement concerning the User Content. If the appeal is denied, the notifier may take the matter to court if there are factual and legal grounds for doing so, in accordance with the final provisions of the Regulations.

§ 4. SERVICE CONTRACT.

1. In order to use the Software, it is necessary to create an Account. Before you create an Account, you must read the Terms and Conditions carefully and accept them.
2. When the Customer creates an Account, he/she clicks the dedicated “Try it for free” or “Create a free account” button located on the homepage of the Website or the buttons available in the Price List for each version of the Software (“Create a free account”). The Customer then enters an e-mail address and completes registration. The Customer receives a link to the e-mail address provided, through which he confirms the e-mail address provided when setting up the Account.
3. Registration on the Website consists of two stages (steps):

a) The stage described in paragraph 2 of this section,

b) Then you need to mark the required consents and complete the Registration Form with the following personal information:

• company name,
• name,
• phone number,
• password.

4. After registration, the Customer can immediately start using the Software. He also receives information with instructions to the e-mail address provided.

5. Once the Account is established in the manner referred to in the two preceding paragraphs, the Customer immediately gains access to the Account through an individual login and password.

6. An account successfully registered on the Website, allows other persons to access the Software, in a number not exceeding the maximum number indicated in the Access Limit for the selected version of the Software.

7. A Customer who has registered an Account with the Service may grant and remove access rights to the Software in the selected version, subject to the limitations of the Access Limits.

8. Making changes to the selected version of the Software by the Customer during its use is possible at any time, except when the scope of functions of the selected version of the Software does not allow it.

9. Making a change to the selected version of the Software is possible provided that the use of the Access Limit in the Customer’s Account allows it.

10. Changing the version of the Software during its use, does not affect the running of the Billing Period.

11. The Account can be deleted at any time by sending a request by the Customer to delete the Account to the e-mail address of the Seller: support@icproject.com.

12. Providing Services through the Website and Software, the Seller shall exercise due diligence to ensure that Customers are fully satisfied.

13. Provision of Services by the Seller to the Customer is made on the basis of an Agreement to which the provisions of these Regulations, the provisions of the Civil Code, the Act on Electronic Provision of Services and other relevant ones apply. The procedure for its conclusion is specified in the Regulations.

14. Provision of data by the customer is tantamount to his declaration of:

a) The truthfulness of any data provided to the Seller,

b) Agree to receive via email correspondence, at the indicated email address, information on any changes to the terms of service of the Seller,

15. Regardless of the data provided during registration, the User may enter additional data and information into his Account, including in particular photos, graphics, text files, etc.

16. From the moment of confirmation of registration on the Website, the User gains access to his/her Account via login (email address) and password.

17. The moment of conclusion of the Contract shall be considered the day on which the Customer confirmed its conclusion by clicking the dedicated button on the Website or otherwise made a declaration of intent to accept its terms and conditions (e.g. e-mail), and the Seller received this declaration.

18. By entering into a Contract with the Seller, the Customer authorizes the Seller to issue VAT invoices without the recipient’s signature,

19. In case of detection of errors in the operation of the Software, the Customer shall have the right to request their removal as soon as possible, depending on the nature and complexity of the error.

§ 5. IMPLEMENTATION SERVICE.

1. The Customer may enter into an Implementation Service Agreement, to which the provisions of these Terms and Conditions shall apply mutatis mutandis, subject to the provisions contained in this paragraph.
2. The Implementation Service Agreement is concluded for a period of 6 months from the date of its conclusion, unless the Customer agrees otherwise with the sales department.
3. Implementation of the Implementation Service shall also be understood as the Vendor’s remaining ready to provide the Implementation Service during the period for which the Implementation Service Agreement is concluded.
4. Once the payment for a given Service is received in the Vendor’s bank account, the Customer and the Vendor will determine the exact date for the start of the implementation Service.
5. The Customer has the right to change the start date of the Implementation Service a minimum of 7 business days before the scheduled implementation date, except by individual arrangement with the implementation department.
6. A change in the date will entail the need to set a new date for the Implementation Service, which may extend the period of the Implementation Service proportionally.
7. In the event of a change in the implementation date of the Implementation Service, the Customer shall be obligated to notify the Customer of its desire to change the implementation date by e-mail to: wsparcie@icproject.com.
8. The vendor undertakes to respond to the rescheduling request within 2 business days of receipt.
9. A new date for the Implementation Service will be determined in consultation with the Customer, taking into account the availability of the Vendor’s resources.
10. If the Vendor remains ready to provide the Implementation Service and the Customer does not allow the Vendor to carry out the implementation within the period for which the Implementation Service Agreement was concluded, the Customer shall forfeit the right to continue providing the Implementation Service without refund.
11. After the expiration of the Implementation Service, it may be implemented for an additional fee agreed individually with the Client.
12. The vendor undertakes to send reminders to the customer about the upcoming expiration of the Implementation Service 3 months and 1 month before the expiration.

§ 6. ORDER PROCESSING RULES.

1. The customer may place an Order:

a) within their Account after completing the Order Form at any time – the Buyer should complete the Registration Form (create an Account), add the Service to the Cart, complete the Order Form and confirm the Order with a dedicated button,

b) to one of the selected e-mail addresses of the Seller: support@icproject.com, , ,wojtek@icproject.commarcin@icproject.commateusz@icproject.compatryk@icproject.com  ,at any time (24 hours a day, 7 days a week) – the Customer should indicate which Services are to be included in the Order in the e-mail message constituting the statement of intent to place the Order,

c) Placing an Order is also possible by phone at one of the following phone numbers: + 48 696 066 966, +48 539 263 518, +48 882 645 696, +48 662 165 665 (24 hours a day, 7 days a week). The Customer should indicate in the telephone conversation which functions/versions of the Software are to be covered by the Order.

2. Confirmation of the placement and acceptance of the order will be sent to the customer by the Seller in the form of an email after the order is placed, no later than within 24 hours.

3. Test Orders placed are processed immediately, and the paid part – after the Customer makes payment up to 7 days after the end of the test period, in accordance with the provisions of § 7 of the Regulations.

4. The execution time of the Order may be postponed in the event of the occurrence of force majeure, which shall be understood as unavoidable, extraordinary, unforeseeable and beyond control circumstances, the effects of which could not be avoided despite all reasonable measures, by the period of its duration.

5. The Seller reserves the right to cancel the Order if the Customer – despite being summoned – has not, within 7 days, completed the deficiencies required for effective execution of the Order, taking into account § 7 point 7 of the Regulations.

§ 7. FEES.

1. Detailed payment issues and the duration of the Contract are determined by the Price List, which is an integral part of the Contract. The Price List is made available on the Website.
2. For the use of the Software during a given Billing Period, a fee is charged to the customer, in the form of a subscription.
3. The user can make subscription settlements in the form of:

a) monthly fees, the amount of which depends on the selected version of the Software, 

b) in the form of a one-time fee paid “in advance” for the entire term of the Agreement. 

4. Charging of the subscription fee begins on the day the Customer activated the respective subscription package.

5. The Customer may agree to make recurring payments for the use of the Service. Making auto-renewable payments is only available via payment card. The Customer authorizes the online payment service provider to automatically charge the Vendor for the subscription plan selected, according to the Price List accepted by the Customer. The fee will be automatically charged for subsequent analogous validity periods of the subscription plan selected by the Customer, until the Customer revokes its consent. The Customer is entitled to revoke, at any time, the consent for recurring payments.

6. Upon completion of the trial version, if the Customer fails to make the appropriate payment by the end of the trial period, the Account is blocked. Once the Account is blocked, the Customer may log in and make payment within 7 days from the date of blocking the Account in order to use the Software, enabled by the payment message that appears.

7. If the Client revokes the consent to recurring payments or fails to pay the fee on time, access to the Software will be completely blocked and all data information stored in the Client’s Account will be lost after 3 months from the date of blocking the Account.

8. The prices given on the Website (in the Price List) are expressed in Polish Zloty (PLN) and Euro (€) and are net prices and do not include VAT.

9. The user can choose one of the following payment methods:

a) payment by regular or online transfer to the Seller’s bank account,

b) payment by payment card – Visa, MasterCard or Diners Club,

c) online payment – Stripe.

10. Internet payments made online via the Site are handled through the Paylane platform available at www.paylane.com, used by STRIPE PAYMENTS Sp. z o.o. with its registered office in Warsaw (00-645), 3A Ludwika Waryńskiego Street, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Division of the National Court Register, under the KRS number 0000937028, NIP 7011062474, REGON 52064212100000,

11. The date of payment of the subscription fee is considered to be the date of receipt of the full amount due to the Seller’s bank account. Any additional charges (bank and postal charges) will be charged to the Customer.

12. The Seller provides for the possibility of applying Promotions.

13. The Seller reserves the right to change the Price List, and the Parties declare that this is not tantamount to changing the terms of the Contract. The Customer will be informed of changes to the Price List each time by email or newsletter, 7 days before the end of the billing period. The Parties are bound by the provisions of the Price List accepted by the Customer.

§ 8. CONTRACT TERMINATION.

1. The contract for the use of one of the paid versions of the Software, i.e. Basic/Premium/Pro or Individual Package, is concluded for a definite period of time with the Customer who is an Entrepreneur and cannot be terminated before its expiration except as described in these Regulations.
2. The Customer shall have the right to terminate the Agreement without notice in the event that there is an interruption in the provision of services exceeding a period of 14 days and resulting from circumstances for which the Seller is to blame. This does not apply to a situation in which the interruption in access to services is the result of circumstances of an objective nature, independent of the Seller (e.g. Force Majeure).
3. The vendor has the right to terminate the contract with a customer who is an Entrepreneur without notice in the case of:

a) indication by the Customer of incomplete, incorrect or fictitious data to the extent specified in these Regulations,

b) the existence of a reasonable suspicion of the use of services provided by the Seller contrary to their purpose (intended use) or in a manner that compromises the integrity of the Seller’s IT system,

c) the existence of a reasonable suspicion of the use of services provided by the Seller in a manner resulting directly or indirectly in widespread obstruction of the free use of system or hardware resources by other Customers,

d) Customer’s violation of common law during or in connection with the use of the Software,

e) violation by the Customer of the rights of third parties (natural persons, legal entities, organizational units without legal personality) during or in connection with the use of the Software,

f) violations of the terms of use of the Software set forth in these Terms and Conditions.

4. The Seller reserves the right, to discontinue the provision of services, upon non-payment by the Customer of at least one due payment (VAT invoice), subject to the provisions of paragraph 7. – after calling the Customer to pay the overdue amount, as well as by taking action by the Seller to obtain the overdue payment.

5. With regard to Customers of the Website and Software who are entrepreneurs within the meaning of Article 43(1) of the Act of April 23, 1964 – Civil Code., the right to withdraw from the Agreement is absolutely excluded.

§ 9. COMPLAINT.

1. The Seller shall be liable to the Customer who is a Consumer and the Entrepreneur referred to in § 2 item 11 of the Terms and Conditions, in case of non-conformity of the Service with the Contract, which existed at the time of delivery and became apparent within two years from that time, if the defect was discovered before the expiration of two years from the date of delivery of the Service to the Customer. The non-conformity of the Service with the Contract, which became apparent before the expiration of one year from the time of delivery of the Service, shall be presumed to have existed at the time of delivery.

1. If the Service is not in compliance with the Agreement, the Customer may request that the Service be brought into compliance with the Agreement. The complaint should include: the Customer’s data, information regarding the Service and the Order, description and date of the Service malfunction and the Customer’s request. The Customer shall also provide the original or a copy of the Proof of Purchase or other proof of purchase of the advertised Service.
2. In order to facilitate the complaint procedure, the Seller shall make available on the Website the Complaint Form attached hereto as Appendix No. 1.
3. Complaints should be submitted to:

a) in case of paper form – by correspondence to the e-mail address of the Seller: support@icproject.com,

b) in the case of electronic mail form – to the e-mail address of the Seller: .support@icproject.com

4. If the data or information provided in the complaint needs to be supplemented, the Seller will ask the complainant to supplement it to the extent indicated before processing the complaint.

5. The Seller undertakes to consider a complaint submitted by the Customer, who, as part of the complaint, requested the removal of the defect, within 14 days from the date of its submission or supplementation by the Customer. If the Seller, in the case referred to in this section, does not respond to the complaint within the indicated period, it is assumed that the Seller recognized the complaint as justified.

6. The Seller shall bring the Service into conformity with the Contract within a reasonable time from the moment the Seller is informed by the Customer of the non-conformity with the Contract, and without undue inconvenience to the consumer, taking into account their nature and the purpose for which they are used. The cost of bringing the Service into conformity with the Contract shall be borne by the Seller.  

7. If the Service is inconsistent with the Contract, the Customer may submit a statement of price reduction or withdrawal from the Contract when: 

a) bringing the Service into compliance with the Agreement is impossible or requires excessive costs pursuant to clauses. 5 and 6 above,

b) The Seller failed to bring the Service into compliance with the Agreement,

c) the Service’s non-conformity with the Agreement continues to exist even though the Seller has attempted to bring the Service into conformity with the Agreement,

d) the failure of the Service to conform to the Agreement is so material as to justify either a reduction in price or withdrawal from the Agreement without first taking advantage of the remedy set forth in paragraphs 5 and 6 above,

e) it is clear from the Seller’s statement or circumstances that it will not bring the Service into conformity with the Agreement within a reasonable time or without undue inconvenience to the Customer,

8. The reduced price must remain in such proportion to the price under the Contract as the value of the non-conforming Service remains to the value of the conforming Service. If the Contract stipulates that the Service is provided in parts or continuously, the price reduction must take into account the time during which the Service remained inconsistent with the Contract. 

9. The Seller shall refund the price due as a result of exercising the right of withdrawal or price reduction immediately, no later than within 14 days from the date of receipt of the Customer’s statement on withdrawal from the contract or price reduction.

10. The Customer may not withdraw from the Contract if the Service is provided in exchange for payment of a price, and the lack of conformity of the Service with the Contract is immaterial. The lack of conformity of the Service with the Contract is presumed to be material. 

11. The seller shall refund the price using the same method of payment used by the customer, unless the customer has expressly agreed to a different method of refund that does not incur any costs for him.

12. The Seller may make a change to a Service that is not necessary for its compliance with the Contract only if the Contract so provides and only for good reasons indicated in the Contract. The Seller shall not make changes to a Service provided on a one-time basis. 

13. If the change referred to in the preceding paragraph materially and adversely affects the Customer’s access to or use of the Services, the Vendor shall inform the Customer of its right to terminate the Agreement without notice within 30 days from the date of the change.

14. The Customer’s right under the preceding paragraph will not apply if the Seller has provided the Customer with the right to retain, at no additional cost, the Services in an unaltered state. 

15. The provisions of this paragraph do not apply to the Entrepreneur, excluding the Entrepreneur referred to in § 2 item 11 of the Terms and Conditions. The Seller’s liability under warranty to Customers who are Entrepreneurs is completely excluded.

§ 10. WITHDRAWAL FROM THE CONTRACT.

1. A Customer who is a Consumer and an Entrepreneur, referred to in § 2 item 11 of the Regulations, shall have the right to withdraw from the Agreement as a contract concluded at a distance, without giving any reason, within 14 days from the date of receipt of the object of the Service, unless the exemption referred to in item 7 of this paragraph applies.
2. Exercising the right referred to in the preceding paragraph requires the Customer to submit a statement of withdrawal from the Sales Agreement within the indicated period:

a) in case of paper form – by correspondence to the Seller’s address: 150d Malik Street; 25-639 Kielce,

b) in case of e-mail – to the e-mail address of the Seller: support@icproject.com.

3. In order to facilitate the submission of the declaration of withdrawal from the Contract, the Seller makes available on the website of the Online Store a model declaration, which constitutes Appendix No. 2 to these Regulations.

4. By cancelling the Agreement, the Customer is obliged to stop using the Service and making it available to third parties. 

5. The Vendor shall refund the price of the Service to the Customer, no later than 14 days from the date on which the Vendor was informed of the withdrawal from the Contract.

6. The Seller shall refund the payment using the same method of payment that the Customer used to purchase the Service, unless the Customer has expressly agreed to a different method of refund.

7. Details of the exercise of the right of withdrawal from the Agreement – as a distance contract – are specified in the provisions of the Law on Consumer Rights.

8. The provisions of this paragraph do not apply to Customers who are Entrepreneurs, in their case the right to withdraw from the Sales Agreement is excluded – which does not apply to Entrepreneurs referred to in §2 item. 11 of the Regulations.

§ 11. RESPONSIBILITY.

1. The Seller shall not be liable for any damage caused by customers providing false, outdated or incomplete data.
2. Customers are solely responsible for how they use the Software provided to them for a fee.
3. The Customer downloads and obtains all data and content provided by the Seller at its own risk.
4. The Seller shall not be liable to the Customers for any loss of profits (lucrum cessans) or any damages (damnum emergens), indirect losses, costs and other charges incurred by the Customer in connection with the performance of his obligations related to the execution of the Contract.
5. By using the Website and the Software, the Customer, who is an Entrepreneur, shall indemnify the Vendor against any loss of personal data of third parties, which data has been entered into the Software or has been misused or unauthorizedly disclosed.
6. The Seller is not responsible for the non-performance or improper performance of services by telecommunications operators with whom the Customer has contracts.
7. In particular, the Vendor shall not be liable for any acts or omissions of the Customer or its employee; any type of damage suffered by third parties as a result of the Customer’s acts or omissions; interruption of delivery, loss or damage to data; non-performance or delay in delivery of services due to causes beyond the control of the Vendor.
8. The Seller shall not be liable for problems or interruptions in the operation of the Internet network that prevent the Customer from using the Software. In particular, the Vendor is not responsible for losses incurred by the Customer as a result of data loss or inability to transfer data, which were caused by interruptions in access to the Vendor’s websites.
9. Neither party shall be liable for damages resulting from Force Majeure.
10. The Seller is not responsible for the speed of data transmission and related limitations, which are the result of circumstances, among others, of a technical and technological and infrastructural nature,
11. The seller is not responsible for errors in the processing of the Order or other instructions of the Customer, resulting from the transmission of incorrect data by the Customer,
12. The Vendor reserves the right to impose restrictions, suspend or terminate the provision of services on the Website or the Software due to its technical maintenance, maintenance work, expansion or work on improving its functionality in case it does not violate the Partner’s rights. At the same time, the Vendor undertakes to make every effort to ensure that the said interruptions take place at night and last as short as possible.

§ 12. DATA PROTECTION.

1. The Seller is the Administrator of the Customers’ personal data.
2. The Seller, as Administrator, processes personal data in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation), the Act of May 10, 2018 on the protection of personal data (i.e.: Journal of Laws of 2019, item 1781) and other relevant data protection regulations.
3. The Customer may consent to the Seller’s processing of his personal data for the purpose of receiving the Newsletter at the e-mail address indicated by the Customer.
4. All detailed rules regarding the processing of personal data, including, in particular, the purposes and legal grounds for processing and the rights of Customers as data subjects, are contained in the Privacy Policy.

§ 13. ENTRUSTMENT OF PERSONAL DATA.

1. The Customer, supplementing his Account with personal data, entrusts it to the Seller for processing.
2. The customer declares that it has collected this data in accordance with applicable laws, and the vendor declares that it undertakes to use personal data only to the extent necessary to provide services.
3. The vendor undertakes to apply measures to ensure the protection of the processed data and to keep records describing how the data is processed.
4. The vendor is not authorized to share personal data with third parties, with the exception of collaborators and authorized data processors.
5. If a violation of the protection of entrusted personal data is detected, the Seller shall immediately, no later than within 24 hours of obtaining such information, report it to the Customer, taking into account the provisions of Article 33 RODO.
6. The Vendor is obliged to assist the Customer as a Personal Data Controller in fulfilling its obligation to respond to requests from data subjects with respect to personal data entrusted for processing.
7. In the event of termination of the Agreement, the Seller is obliged to delete the personal data entered by the Customer into the Seller’s information systems.
8. For detailed information on the processing of personal data, please refer to the Privacy Policy.

§ 14. FINAL PROVISIONS.

1. The Seller reserves the right to amend these Terms and Conditions. Amendments shall come into force at the time expressly indicated by the Seller, not earlier than 7 days after their announcement. Orders placed prior to the entry into force of the changes referred to in the preceding sentence will be executed on the terms in effect at the time of their placement. Changes in the Regulations may be dictated by:

a) change the terms of service,

b) The need to adapt the Regulations to legal changes,

c) the need to adjust the Regulations to a decision, judgment or other ruling of a competent court or state body,

d) the need to fulfill a legal obligation incumbent on the Seller,

e) editorial changes.

2. The Seller may expand the range of services offered and make changes to the content of the Terms and Conditions. The changes made may not violate the Customer’s rights under the acquired rights.

3. The Seller reserves the right to issue instructions, temporarily suspend, and ultimately delete the Accounts of Customers who, despite the application of prior warnings, by their actions violate the provisions of these Regulations, hinder the use of the Website or Software to other entities or violate the provisions of generally applicable Polish law.

4. In the case of Contracts concluded with Customers conducting business in the form of a civil partnership, in the event of dissolution of the User’s partnership, the one of the partners who concluded the contract with the Seller, or to whose e-mail address the link used to confirm the registration of the Account on the Website was sent, is authorized to continue using the Services. If, despite the application of the above rule, it is impossible to determine which of the Clients is authorized to use the Services, the Seller shall consider as authorized the one of the Clients who first contacts the Seller.

5. The Vendor undertakes to supervise the proper functioning of the Software, as well as to make the necessary updates.

6. The Parties undertake to inform each other of any change of address, telephone number, e-mail address and any data necessary for the execution of the Agreement. In case of failure to comply with this obligation, all correspondence – including an invoice sent to the previous address or e-mail address, shall be deemed effectively delivered

7. Any disputes between the Seller and the Customer – subject to their mutual agreement – will be resolved amicably or in the presence of an independent and impartial mediator.

8. A buyer who is a Consumer may:

a) use the out-of-court ways of handling complaints and pursuing claims referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes and the entity authorized to conduct proceedings on out-of-court resolution of consumer disputes, to which the Seller is subject, is the … Provincial Inspector of Commercial Inspection in Kielce (address: 76 Henryka Sienkiewicza St., 25-501 Kielce, e-mail: wiih.kielce@pro.onet.pl, website: www.wiihkielce.pl),

b) file a complaint through the EU ODR online platform, available at the following link: http://ec.europa.eu/consumers/odr/.

9. If it is not possible to resolve the dispute amicably, the court with jurisdiction over the dispute will be the court with jurisdiction over the Seller’s headquarters/head office, and in the case of a Buyer who is a Consumer, the court with jurisdiction according to the general rules.

10. In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply, including in particular the provisions of the Civil Code, the Law on Consumer Rights, the Law on Copyright and Related Rights and the provisions on personal data protection.

11. The regulations are effective as of 22.01.2025.