§ 1 General Provisions
- These Terms of Service for the provision of electronic services (hereinafter referred to as the “Terms”) define the rules for using services provided by Ailleron Spółka Akcyjna (a Polish joint-stock company), with its registered office in Kraków, address: al. Jana Pawła II 43b, 31-864 Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under the KRS number 0000385276, TIN (NIP) No.: 9452091626, REGON: 120532280, share capital: PLN 3,706, 651.20 (paid in full) (hereinafter referred to as “Ailleron” or “Service Provider”).
- The Service Provider can be contacted via:
• E-mail address: office@ailleron.com
• Phone number: +48 12 252 34 00
• In person or in writing to the address: al. Jana Pawła II 43b, 31-864 Kraków - The Terms are available on the website located at www.ailleron.com.
- These Terms constitute the terms and conditions within the meaning of Article 8 of the Act of 18 July 2002 on Provision of Electronic Services.
- These Terms specify and regulate, in particular, the rules for the use of the Website by the Users, including the types and scope of services provided by Ailleron electronically, the rules and regulations for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services, especially the general terms and Terms of agreements for agreements concluded with the Service Provider through the Website within the meaning of the chapter 5B of the CRA and the procedure for complaint handling.
- The Terms shall apply to:
• Users’ use of the Website by, among other things, opening, browsing, sharing;
• Users subscribing to the Newsletter;
• conclusion of agreements for the provision of Digital Content or Digital Services;
• Users’ content and the Service Provider’s obligations under the DSA. - The User is obliged to comply with the provisions of the Terms from the moment of undertaking actions aimed at using the Services.
§ 2 Definitions
- Ailleron/Service Provider – Ailleron Spółka Akcyjna with its registered office in Kraków.
- Consumer – a User who is a natural person concluding a relevant agreement with the Service Provider which is not directly related to his/her economic or professional activity.
- Contact Form – electronic service, an interactive form available on the tabs of the Website that enables contact to be made between the User and the Service Provider.
- CRA – Act of 30 May 2014 on Consumer Rights.
- Digital Content – data which are produced and supplied in digital form.
- Digital Service – a service that allows the User to:
a) produce, process, store, or access data in digital form,
b) share data in digital form that have been sent or created by the User of this service,
c) interact with digital data in other forms. - 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 amending Directive 2000/31/EC.
- Form – an online form available on the Website for subscribing to the Newsletter or ordering Resource Material and concluding the Agreement.
- Illegal Content – content which, in itself or by reference to its operation, including the sale of products or provision of services, does not comply with Union law or the law of any Member State that complies with Union law, regardless of the specific subject or nature of that law.
- Newsletter – content provided in the form of Digital Content containing information about products and services provided by the Service Provider, events organized or attended by the Service Provider as well as achievements of the Service Provider by means of an email message sent to the address indicated by the User in marketing, promotional and Service Provider branding purposes.
- Privacy Policy – privacy policy, i.e. a notice explaining how the Service Provider processes personal data, available here: https://ailleron.com/privacy-policy/.
- Resource Material – Digital Content or Services (in particular e-books and webinars) provided by the Service Provider, for which the User does not pay a monetary fee, but provides the Service Provider with personal data for marketing and promotional purposes (in particular, contact to present its products and services and to send Newsletter).
- Resource Material Agreement or Agreement – a distance contract for the provision of Resource Material supplied by the Service Provider, for which the User does not pay a monetary fee, but provides the Service Provider with personal data for marketing and promotional purposes (in particular, contact for the purpose of presenting its products and services and sending commercial information, including the Newsletter).
- Service Contact Point for Authorities – electronic contact point available at dsa.organy@ailleron.com intended for direct communication with authorities of Member States, the Commission, and the Council of Digital Services. Communication via the Contact Point may be conducted in Polish or English.
- Service Contact Point for Recipients – electronic contact point available at dsa.klient@ailleron.com intended for direct and fast communication between Users and the Service Provider.
- Services – services listed in § 3 below.
- Terms – these Terms and Conditions.
- User – a natural person over 13 years of age, whereby if such a person is under 18 years of age, the consent of their legal representative is required, unless they have full legal capacity, or entity which uses the Website and/or the Services.
- User Content – content transmitted or published by the User through the Website and/or in connection with the provision of Services.
- Website – the website located at www.ailleron.com operated by the Service Provider, where it is possible to read materials made available by the Service Provider, as well as to obtain Digital Content or Digital Services or to conclude a Resource Material Agreement, as well as other service solutions constituting intermediary services offered by the Service Provider, in particular the SaaS platform LiveBank.
§ 3. Types and Scope of Electronic Services
- The Service Provider renders Services in accordance with these Terms and separate terms of use for each respective Service, if applicable.
- Within the Website, Ailleron provides the following Services:
- provision of contact forms,
- provision of Forms enabling subscribing to the Newsletter or registration for events/meetings/webinars organized by the Service Provider, i.e. ordering Resource Material and concluding the Agreement with the Service Provider,
- browsing the content on the Website, including articles on the latest developments and news from the world of technology and IT services, as well as interviews with people from this environment,
- services covered by the SaaS platform LiveBank.
- An agreement with Ailleron for the provision of Services is concluded upon commencement of use of the respective Service, unless separate terms of use for the Service provide otherwise.
- The Services referred to in section 2)(a) and 2)(c) above are provided free of charge, are of a one-time nature, and terminate upon submission of the inquiry or upon earlier cessation of use by the User.
- Unless separate terms of use for the Service provide otherwise, the User may terminate the use of the respective Service at any time. In such case, the agreement for the provision of the respective Service terminates automatically, without the need to submit additional statements.
- Within 14 days from the conclusion of the agreement regarding the respective Service, a User who is a Consumer or a natural person concluding an agreement directly related to their business activity but not having a professional character for it, may withdraw from the agreement without giving any reason and without bearing any costs by submitting a relevant statement to the Service Provider electronically to the address: office@ailleron.com or in writing to the registered office of the Service Provider. To meet the withdrawal deadline, it is sufficient for the User to send a clear statement to the Service Provider regarding the exercise of the right of withdrawal from the agreement before the withdrawal period expires. The statutory withdrawal form may be used, although it is not mandatory. A model withdrawal form constitutes Appendix No. 3 to the Terms.
- The use of Services may require providing the User’s personal data.
§ 4. Minimal Technical Requirements
- To use the Website and/or the Service, the following minimum technical requirements must be met unless separate terms of use for a specific Service state otherwise:
- possession of a computer with Internet access, with the recommended operating system being Windows 11 and Mac OS 10.10, or a minimum operating system of Windows 7, or a mobile device with Android or iOS system,
- installation of one of the web browsers supporting JavaScript and cookies:
- Microsoft Edge from version 85,
- Mozilla Firefox from version 70,
- Google Chrome from version 70,
- Opera from version 70,
- Safari from version 14.
- Using the Services may require, in addition to meeting the requirements specified in section 1, having an active e-mail account. Especially, the possession of an active e-mail account is required for the use of Digital Content or Digital Service.
- In order to correctly use certain Digital Content or Digital Service, software capable of opening and editing files in PDF, DOC, MP4, MP3, MOV, AVI format may be required. Additional technical conditions required by the User to use Digital Content or Digital Service may be indicated each time in the description of a given Digital Content or Digital Service.
- In the event that the User uses computer hardware or software that does not meet the technical requirements specified in this § 4, the Service Provider reserves the right to inform that this may adversely affect the quality or manner of using the Services, for which the Service Provider shall not be liable in such a case. In this case especially, the Service Provider does not guarantee the correctness of the functioning of the Digital Content or Digital Services and stipulates that this may have a negative impact on their quality or manner of use, for which he shall not be held liable in such a case.
- The Service Provider takes actions aimed at ensuring secure conditions for using the Website through appropriate safeguards. Regardless of taking these actions, the Service Provider informs about basic potential risks associated with using the Internet:
- the possibility of receiving spam, which is unsolicited commercial (advertising) information transmitted electronically;
- the presence and operation of malware, including computer viruses, which are special software capable of infecting files in a self-replicating manner, typically without the user’s awareness;
- the possibility of spyware action, i.e., software that spies on user activities on the Internet;
- the possibility of exposure to cracking or phishing (password harvesting);
- sniffing – unauthorized interception, other than what falls within the boundaries of cracking and phishing, involving the use of a sniffer – a computer program whose task is to capture and possibly analyze data flowing over a network;
- the possibility of exposure to the actions of other unwanted or “malicious” software performing actions unintended by the user, not falling within the definitions mentioned above.
- It is crucial for the User to install antivirus software on their computers or devices used to connect to the Internet and to keep it regularly updated by immediately installing the latest versions as soon as they become available.
§ 5. Use of the Website and/or the Service
- The Service Provider maintains ongoing supervision of the technical functioning of the Website, ensuring that it operates correctly. However, the Service Provider does not guarantee that the pages of the Website are available at all times or that they function without errors.
- The Service Provider reserves the right to modify the Website, as well as the right to interrupt or discontinue the operation of the Website or withdraw or modify the description of the Services, as well as the right to interruptions or cessation of the Service’s operation due, among other reasons, to maintenance activities. This does not affect the Service Provider’s obligations under previously concluded agreements.
- The use of the Website and the use of the Service is possible on condition that the User’s teleinformatics (IT) system meets the minimum technical requirements specified in § 4 of the Terms, unless separate terms of use for a specific Service state otherwise.
- The Service Provider shall not be liable for technical problems or technical limitations in the computer equipment used by the User which prevent the User from using the Website and/or the Service correctly.
- The User is obliged to use the Website and/or the Service in a manner consistent with these Terms, applicable law, rules of social coexistence and the purposes of establishing the Website/Service, and in particular in a manner that does not infringe the rights of third parties or the rights and interests of the Service Provider.
§ 6. Intellectual property
- Content available through the Website, including blogs/insights and Resource Material provided to the User, is subject to protection under the Act of 4 February 1994 on Copyright and Related Rights and other relevant legislation on copyright and industrial property rights. The Website and Digital Content and Digital Services may contain legally protected trademarks, logos, utility designs, industrial designs etc., which are the property of entities within the Ailleron group or third parties. Their use, copying, distribution, or any other use without the prior consent of the rightful owner is prohibited. Using the Website and/or the Service does not imply obtaining a license to use intellectual or industrial property belonging to entities within the Ailleron group or third parties, unless otherwise stated in these Terms.
- The User may use Digital Content and Digital Service only for personal purposes without the right to further distribute them or use them in any other way for purposes related to his/her business (or other commercial purposes).
- By entering into the Resource Material Agreement, the User acquires a non-exclusive license to use Resource Material in the following fields of exploitation:
- display
- reproduction
- Further fixation and reproduction, marketing of the original and copies, broadcasting and re-broadcasting, as well as public exhibition, display, reproduction and making the Digital Content or Digital Service available in such a way that everyone can access them from any place and at any time chosen by them, as well as any other use of the Digital Content or Digital Service beyond the fields of exploitation indicated in section 3 above is not permitted.
- Modification and alteration of the integrity of the Digital Content and Digital Service is prohibited without the Service Provider’s consent, unless this is due to obvious necessity and the Service Provider would not have a legitimate reason to object to it.
§ 7. Conclusion of the Resource Material Agreement
- Through the Website, the Service Provider enables the User to conclude Resource Material Agreement, i.e. an agreement for the provision of Digital Content or Digital Services (Resource Material), for which the User does not pay any monetary fee, but provides the Service Provider with his/her personal data to be processed for marketing and promotional purposes (in particular, contact to present his/her products and services and to send commercial information, including the Newsletter).
- The conclusion of the Agreement requires:
- reading the Terms and the Privacy Policy;
- filling in and submitting the Form (i.e. inserting the data, clicking the checkbox to use the service and confirms the data indicated by the User, by button: Send me the video, Send me the copy, Send me the guide, Subscribe now, etc.) and
- then confirming the wish to request the Agreement, including subscription to the list of recipients of commercial information, including Newsletter subscribers, by clicking the link sent to the e-mail address provided by the User in the Form.
- The Agreement shall be deemed to have been concluded upon the User’s confirmation of the request to conclude the Agreement referred to in section 2(c) above.
- The User shall receive a confirmation of the conclusion of the Agreement at the latest when the distance contract is concluded.
- In the Form, the User is obliged to provide data that is truthful, accurate and up-to-date, not misleading and does not infringe the rights of third parties. The Service Provider shall not be liable for any erroneous data provided by the User.
§ 8. Object of the Resource Material Agreement
- The object of the Agreement shall be the Resource Material available on the Website selected by the User when concluding the Agreement.
- The description of the Resource Material is made available within the Website and forms an integral part of the Agreement.
- The downloading of Resource Material which are files (in particular e-books) and the participation in real-time webinars is of a one-time nature.
- In the case of Resource Material constituting Digital Services (made available to the User without the possibility of downloading them, in particular on the Service Provider’s platform), the Service Provider shall ensure the possibility of using them (including replay) for a period of at least two weeks from the date of their delivery.
- The Service Provider shall not be liable for incorrect downloading or saving of the Resource Material by the User resulting in loss of access.
- Resource Material complies with the Agreement if:
- compliance with the Agreement remains in particular description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates;
- they are compatible with the Agreement if, in particular, they are suitable for the specific purpose for which the User needs them, which the User notified the Service Provider of at the latest when the Agreement was concluded and which the Service Provider accepted;
- they are suitable for the purposes for which Resource Material of this type are normally used, taking into account applicable law, technical standards or good practice;
- they are in such quantity and have such features, including functionality, compatibility, availability, continuity and security, as are typical of Resource Material of this type and which the User may reasonably expect, taking into account the nature of the Resource Material and the public assurances made by the Service Provider, its legal predecessors or persons acting on its behalf, in particular in advertising;
- are supplied with such accessories and instructions as the User may reasonably expect;
- comply with the trial version or announcement that was made available to the User by the Service Provider prior to the conclusion of the Agreement.
- The Service Provider shall inform the User of updates, including security features, necessary for the Resource Material to comply with the Agreement and shall provide them to the User for the duration of:
- the delivery of the Resource Material as specified in the Agreement, pursuant to which delivery is continuous, or
- as reasonably expected by the User, taking into account the type of Resource Material and the purpose for which they are used, and the circumstances and nature of the Agreement, if the Agreement provides for delivery of the Resource Material at one time or in parts.
- If the User fails to install the updates provided by the Service Provider in accordance with section 7 above within a reasonable time, the Service Provider shall not be liable for the non-compliance of the Resource Material with the Agreement arising solely from the failure to install the update if:
- it has informed the User of the update and the consequences of not installing it;
- the failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Service Provider.
- The Service Provider may make changes to the Resource Material (excluding Resource Material provided on an one-off basis) consisting of updating, improving or enhancing them. The User shall be informed of any such change by means of a message sent to the e-mail address indicated by the User. If the change materially and adversely affects the User’s access to or use of the Resource Material, the User may terminate the Agreement without notice within 30 days of the change.
- The User may make a complaint about the non-compliance of the Resource Material with the Agreement in any form by contacting the Service Provider in the manner indicated in § 1 section 2 of the Terms.
- The User will be informed of the way in which the complaint has been resolved within 14 days counted from the day following the day on which the Service Provider received information about the complaint. The User will be notified about the resolution of the reported complaint to the e-mail address provided by the User.
- The Service Provider shall be liable for any non-conformity of the Resource Material with the Agreement that existed at the time of delivery and became apparent within 2 (two) years of that time. Any non-conformity of the Resource Material with the Agreement that became apparent before 1 (one) year after delivery shall be presumed to have existed at the time of delivery.
§ 9. Payment Conditions
- The User does not pay a monetary fee for the Resource Material provided to him/her by the Service Provider, however, he/she provides the Service Provider with personal data which will be processed for marketing and promotional purposes.
- If the User does not wish to provide the Service Provider with personal data for marketing and promotional purposes, the User may pay a price specified by the Service Provider. Acquisition of Resource Material for a monetary fee requires individual contact with the Service Provider.
§ 10. Delivery of the Resource Material
- Delivery of the Resource Material to the User shall be made by sending the relevant files or links to the User’s e-mail address no later than:
- 2 (two) days before the scheduled date of the webinar (training, workshop), unless otherwise indicated in the description of the webinar – in the case of webinars taking place in real time;
- 1 (one) working day after the User’s confirmation referred to in § 7 section 2(c) of the Terms reaches the Service Provider – in the case of other Resource Material not described in section 1(a) above.
- In the event that the User signs up for a real-time webinar later than 3 (three) days before its scheduled date, the Service Provider shall be entitled to make the recording of the webinar available to the User within 3 (three) working days of the date of the webinar, instead of providing participation in the real-time webinar.
- The Service Provider reserves the right to change the date of the webinar in real time. Any change of date will be notified to the User enrolled.
- In the case of cancellation of a webinar scheduled in real time, the Service Provider may offer the User other Resource Material. If the User is not interested in the replacement, he/she has the right to withdraw from the Agreement.
- If the Service Provider has not provided the Resource Material to the User, the User shall call on the Service Provider to provide the Resource Material.
§ 11. Duration of the Resource Material Agreement
The Service Provider shall have the right to contact the User for marketing and promotional purposes (including contacting to present its products and services and sending a Newsletter to the e-mail address indicated by the User) for a period of 24 months from the end of the year in which the Agreement was concluded, unless the Agreement is terminated before the end of that period.
§ 12. Withdrawal from the Resource Material Agreement
- The User may withdraw from the Agreement if:
- the Service Provider fails to deliver the Resource Material within an additional period of 14 days despite the summons referred to in § 10 section 5 of the Terms;
- it is evident from the Service Provider’s statement or from the circumstances that he will not deliver the Resource Material;
- The User and the Service Provider have agreed, or the circumstances of the Agreement clearly indicate, that the specified deadline for delivery of the Resource Material was of material importance to the User, and the Service Provider failed to deliver them by that deadline.
- The User may also withdraw from the Agreement due to non-compliance the Resource Material with the Agreement, if the Resource Material do not comply with the Agreement and:
- it is impossible or requires excessive costs to bring them into conformity with the Agreement or
- the Service Provider has failed to bring the Resource Material into conformity with the Agreement within a reasonable time from the moment it was informed by the User and without unreasonable inconvenience for the User or
- the non-compliance of the Resource Material with the Agreement continues even though the Service Provider has attempted to bring them into compliance with the Agreement or
- the lack of compliance of the Resource Material with the Agreement is so significant that it justifies withdrawal from the Agreement without the User’s prior request to bring them into conformity with the Agreement or
- it is clear from the Service Provider’s statement or circumstances that it will not bring the Resource Material into conformity with the Agreement within a reasonable time or without undue inconvenience to the User.
- The Consumer may withdraw from the Agreement for cause within 14 days from the date of conclusion of the Agreement.
- A model withdrawal form from the Resource Material Agreement constitutes Appendix No. 4 to the Terms.
§ 13. Termination of the Resource Material Agreement
- The Agreement shall be terminated without notice in the event that:
- The User clicks on the cancellation link contained in the content of the email sent within the Newsletter;
- The User submits an effective objection to the processing of his/her personal data for marketing and promotional purposes.
- The Agreement may be terminated without notice if the User does not show any activity related to the Newsletter or contact with the Service Provider, which is understood as not opening emails sent by the Service Provider for at least 6 months.
- In the case of termination or withdrawal from the Agreement, personal data made available for the purpose of concluding the Agreement shall be processed for archiving purposes in order to prove the fact of concluding the Agreement by the User, in particular they shall not be processed for marketing and promotional purposes.
§ 14. Out-of-court Dispute Resolution
- The Consumer shall have recourse to out-of-court complaint and redress procedures, including the possibility:
- to apply to a permanent amicable consumer court to resolve a dispute arising from the Agreement concluded;
- apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the buyer and the seller;
- use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- Detailed information on out-of-court ways of dealing with complaints and pursuing claims, the Consumer may look for at the website https://polubowne.uokik.gov.pl.
§ 15. Newsletter
These § 15 – § 17 apply if the User within the Website has the possibility to sign up for the Service Provider’s Newsletter. It does not apply to the sending of the Newsletter under the Resource Material Agreement.
§ 16. Subscribing to the Newsletter
- Signing up for the Newsletter is done in the Newsletter dialogue box available on the Website by filling in the Form, including providing the email address to which the Newsletter is to be delivered and sending it. The User may also subscribe to the Newsletter by ticking the appropriate checkbox next to the Contact Form.
- The User shall immediately receive a Newsletter subscription message at the e-mail address provided by the User. If the User does not receive such message within 48 hours from the moment of registration, he/she should notify the Service Provider.
- Signing up to the Newsletter shall be tantamount to agreeing to receive commercial information, including direct marketing, as referred to in Article 398(1) of the Act of 12 July 2024 – Electronic Communications Law.
- By signing up for the Newsletter, the User enters into an Agreement for the provision of Digital Content or Digital Services, in which the User is not obliged to provide any other services than providing personal data, and these data are processed by the Service Provider only for the purpose of performing the Agreement – sending the Newsletter.
§ 17. Duration of the Newsletter Agreement
- The frequency of delivery of the Newsletter to the User shall be decided by the Service Provider, with the Service Provider reserving the right to send the Newsletter once.
- Subject to section 3 below, the Agreement referred to in § 16 section 3 of the Terms shall cease to be in force after 2 (two) years from the end of the year in which it was concluded. After this period, the Service Provider will no longer address the Newsletter to the User, unless the Agreement is extended or the parties conclude a new Agreement.
- The User may terminate the Agreement at any time without notice and without giving any reason. The Agreement will be terminated in particular if:
- The User clicks on the unsubscribe link contained in the content of the email sent as part of the Newsletter;
- The User submits an effective objection to the processing of his/her personal data for the purpose of sending the Newsletter.
- The User may make a complaint about the non-compliance relating to Newsletter in any form by contacting the Service Provider in the manner indicated in § 1 section 2 of the Terms.
- The User will be informed of the way in which the complaint has been resolved within 14 days counted from the day following the day on which the Service Provider received information about the complaint. The User will be notified about the resolution of the reported complaint to the e-mail address provided by the User.
§ 18. User Content and its Moderation
- The User is entitled to use the Website and/or the Service in accordance with its intended purpose, within the limits of the law and good practices applicable to the information society, while respecting the rights and interests of others.
- It is prohibited for the User to provide unlawful content.
- It is prohibited to post/share User Content that contradicts applicable laws, social norms, morality, and the provisions of the Terms, particularly content that:
- is untrue, misleading, or could mislead the Service Provider, Users, and/or third parties,
- violates the rights and/or personal interests of third parties,
- violates or could violate copyrights or other intellectual property rights of third parties,
- violates consumer protection rights,
- is discriminatory (including based on gender, race, nationality, ethnic origin, language, religion, gender identity, or sexual orientation), incites violence or hatred, or is pornographic in nature,
- is offensive, vulgar (including in foreign languages), or contains threats directed at third parties,
- serves to conduct activities prohibited by law, such as attempts at fraud and financial scams against other Users or third parties,
- serves to conduct unlawful advertising, promotional, or marketing activities, particularly through posting advertisements, sales, or promotion of products, services, projects, or collections,
- serves to conduct competitive activities against the Service Provider,
- violates the legal order or good customs in any other way.
- The User is obligated to comply with the prohibitions specified in § 6 throughout the use of the Website/Service and in relation to each offered functionality.
- Publishing or sending User Content in the Website/Service occurs automatically, and the Service Provider does not automatically verify all User Content transmitted/published using the Website’s/Service’s functionalities.
- The Service Provider is authorized to moderate User Content in cases where it constitutes Illegal Content and/or violates the provisions of the Terms.
- Moderation can result from:
- reports as referred to in § 20,
- verification activities initiated by the Service Provider.
- The Service Provider may also moderate User Content based on an order to take action against specific User Content issued by competent national judicial or administrative authorities under applicable Union law or national law consistent with Union law, as referred to in Article 9(1) of DSA.
- Verification activities referred to in section 7 above and moderation are carried out manually, without the use of algorithmic decision-making.
- As part of moderation, the Service Provider may impose the following restrictions on User Content:
- fully or partially delete such User Content, restrict its visibility, or limit access to it in a way that it will not be visible or accessible to persons using the Website/Service or a specific User,
- suspend or terminate the provision of Services to such User, in whole or in part,
- suspend or close such User’s account.
- If the Service Provider, particularly as a result of verification activities referred to in section 7 above, obtains any information giving rise to suspicion that a crime jeopardizing the life or safety of a person or persons has been committed, is being committed, or may be committed, it immediately informs law enforcement authorities or judicial authorities of the concerned Member State or Member States and provides all available information on the matter.
- Based on the conditions specified in Article 15(1) of DSA, the Service Provider publishes at least once a year, in a format suitable for machine reading and in an easily accessible manner, clear, easily understandable reports on any content moderation conducted during a given period.
§ 19. Complaints
- The User has the right to lodge complaints regarding the Website or the Services.
- A complaint should include at least:
- identification of the person and contact details of the User lodging the complaint (first name, last name, postal address, e-mail address);
- precise specification of the subject matter of the complaint and circumstances justifying the complaint, as well as a description of the inaccuracies in the complained Service and expectations regarding the resolution of the complaint.
- The complaint may be submitted within 30 (thirty) calendar days from the day on which the event occurred that constitutes the basis of the complaint.
- Complaints may be submitted in writing to the Service Provider at the following address: al. Jana Pawła II 43b, 31-864 Kraków, or via e-mail to: office@ailleron.com.
- Complaints will be considered by the Service Provider within a period not exceeding 14 (fourteen) days from the day of receipt of a correctly submitted complaint by the Service Provider. The person lodging the complaint will be informed about the manner of handling the complaint via e-mail or ordinary mail.
- The above provisions do not affect the statutory rights of consumers in relation to non-performance or improper performance of the Agreement, including the possibility of asserting claims through means other than a complaint.
§ 20. Reporting Procedure
- Any person or entity may submit a report if they believe that specific User Content available within the functionalities of the Website/Service constitutes Illegal Content and/or content that violates the Terms.
- Reports are to be submitted electronically to the dedicated e-mail address: dsa.klient@ailleron.com.
- The report mentioned in sections 1 and 2 above should include all necessary information for its consideration by the Service Provider, specifically:
- the name and e-mail address of the reporter,
- the name of the entity on whose behalf the reporter is acting and their position (if applicable),
- the exact electronic location of the content being reported, e.g., precise URL(s), and when necessary or justified, additional information that allows for the identification of illegal content (e.g., a screenshot),
- an explanation of the reasons why the person or entity alleges that the indicated content constitutes Illegal Content and/or content that violates the Terms,
- the request of the person or entity reporting, i.e., indicating the actions the Service Provider should take regarding the information reported, e.g., removal, restriction of access, limitation of visibility,
- a statement confirming that the information and allegations in the report are accurate and complete and are being provided in good faith.
- When submitting a report, the person or entity may use the reporting form provided in Appendix No. 1 to the Terms, although this is not mandatory.
- The Service Provider confirms the receipt of the report by sending an automatic message to the e-mail address from which the report was sent.
- The Service Provider reviews reports and makes decisions regarding the content reported in a non-arbitrary, objective manner and with due diligence.
- The Service Provider decides regarding the content reported and informs the reporter via e-mail no later than 30 days from the receipt of the report. In particularly justified cases, such as due to the complexity of the matter, the decision period may be extended. In such cases, the person or entity reporting will be informed via e-mail about the reasons for the extension and the expected time frame for handling the report, which will not exceed 60 days from the receipt of the report by the Service Provider.
- If additional information from the reporter is necessary to consider the report, the Service Provider may request it by sending a relevant request to the e-mail address provided in the report, along with an explanation of why the information given in the report is insufficient for proper consideration of the matter. In such cases, the time frames mentioned in section 7 above will be extended by the period from the date the request for additional information is sent to the reporter until the information is provided to the Service Provider.
- The decision issued by the Service Provider will determine whether the content reported constitutes Illegal Content and/or content that violates the Terms, provide the justification for such a decision (indicating the legal or contractual basis and the facts and circumstances that form the basis for the decision), and specify any actions the Service Provider will take concerning such content.
- If the report is found to be justified and the content reported constitutes Illegal Content and/or content that violates the Terms, the Service Provider will inform the User who transmitted/published the User Content subject to the report about the decision via e-mail.
§ 21. Complaint Procedure
- The person or entity that submitted a report and received a decision regarding it, as mentioned in § 20 section 9 above, as well as the User who transmitted/published the User Content that is the subject of the report, have the right to file a complaint if such a decision has negative consequences for them.
- A complaint can be filed within 6 months from the date of receiving the decision.
- The complaint is submitted electronically to the dedicated e-mail address: dsa.klient@ailleron.com.
- The complaint should contain all the information necessary for its consideration by the Service Provider, specifically:
- the name and e-mail address of the complainant,
- the name of the entity on whose behalf the complainant is acting and their position (if applicable),
- the number of decision being complained about,
- justification.
- When submitting a complaint, the person or entity may use the complaint form provided in Appendix No. 2 to the Terms, although this is not mandatory.
- The Service Provider confirms receipt of the complaint by sending an automatic message to the e-mail address from which the complaint was sent.
- The Service Provider makes a decision regarding the complaint and informs the complainant via e-mail no later than 30 days from the receipt of the complaint. In particularly justified cases, such as due to the complexity of the matter, the complaint review and decision-making period may be extended. In such cases, the person or entity filing the complaint will be informed via e-mail about the reasons for the extension and the expected time frame for handling the complaint, which will not exceed 60 days from the receipt of the complaint by the Service Provider.
- If additional information from the complainant is necessary to consider the complaint, the Service Provider may request it by sending a relevant request to the e-mail address provided in the complaint, along with an explanation of why the information given in the complaint is insufficient for proper consideration of the matter. In such cases, the time frames mentioned in section 7 above will be extended by the period from the date the request for additional information is sent to the complainant until the information is provided to the Service Provider.
- After considering the complaint, the Service Provider issues a decision regarding it. This decision specifies whether the complaint is justified, provides the justification for such a decision, and specifies the actions that will be taken regarding the content covered by the complaint.
- If the recipient of the decisions mentioned in § 20 section 9 and § 21 section 9 above does not agree with its content, they have the right to appeal the decision to the court, file a complaint with the Coordinator for Digital Services, or seek help from a certified out-of-court dispute resolution body. The rights mentioned in the previous sentence apply regardless of whether the complaint procedure outlined in this § 21 has been exhausted.
- The provisions of § 20, sections 9 and 10, and this § 21 apply accordingly to decisions issued as a result of verification actions initiated by the Service Provider.
§ 22. Data Protection
The Service Provider processes personal data according to the principles outlined in the Privacy Policy.
§ 23. Final Provisions
- These Terms come into effect on the date of publication on the website www.ailleron.com.
- Recipients of electronic services can contact the Service Provider directly via electronic means through the Customer Contact Point.
- Authorities of EU member states, the Commission, and the Digital Services Council can contact the Service Provider directly via electronic means through the Contact Point for authorities.
- The Service Provider reserves the right to unilaterally amend these Terms or introduce new ones in the event of:
- the introduction of new or amendment of existing generally applicable legal provisions,
- changes or emergence of new interpretations of generally applicable legal provisions as a result of court rulings or decisions, recommendations, guidelines, or suggestions,
- changes in market conditions,
- the introduction or withdrawal of Services, thematically related to the subject of the Website,
- the expansion of the capabilities of the Website,
- changes in the methods of payment offered, procedure for handling complaints, etc. resulting from the way the Service Provider operates,
- the necessity to correct typographical and accounting errors and to ensure the clarity of the Terms, not increasing the scope of obligations or decreasing the scope of User rights.
- In the case of the occurrence of one of the aforementioned reasons, the Terms may be amended to the extent that is necessary due to the reason. Users shall be informed of amendments to the Terms by posting the new, amended version of the Terms on the Website.
- The new Terms or amendments to the existing Terms come into effect on the date of publication on the website www.ailleron.com or on the date specified with the information on amendments to the Terms. In the case of concluded Agreements, the amended Terms shall come into force as of the effective date indicated by the Service Provider. In the case of contracts concluded before that date, the User may terminate the relevant contract due to the changes in the Terms or demand that the Terms as previously in force be applied to him/her unless separate terms of use for a specific Service provide otherwise.
- The Service Provider is liable for any damages resulting from the use of the Website on the terms specified in generally applicable legal provisions unless separate terms of use for a specific Service provide otherwise.
- The Service Provider is not liable for any damages resulting from the use of the Website and the use of Services within the Website in a manner contrary to applicable legal provisions or the provisions of these Terms, particularly those resulting from the provision of incorrect or false information or personal data by Users, or in the event of Users failing to promptly update their information or personal data.
- The Service Provider is not liable for technical problems or technical limitations occurring in the computer equipment, end device, ICT system, and telecommunications infrastructure used by the User, which prevent the User from correctly using the Website and Services.
- These Terms apply to all intermediary services provided by Ailleron unless a separate agreement has been concluded and/or separate terms of use apply to such services. In such cases, the provisions of the agreement and/or separate terms of use take precedence over the provisions of these Terms.
- These Terms are governed by Polish law.
- In matters not regulated by these Terms, the provisions of Polish law apply, in particular, the provisions of the Act of 30 May 2014 on Consumer Rights, the Civil Code of 23 April 1964 and the Act of 18 July 2002 on Provision of Electronic Services.