Terms of service

§ 1 General provisions

1. 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 with its registered office in Kraków, address: al. Jana Pawła II 43b, 31-864 Kraków, entered into the entrepreneurs register of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, Commercial Division XI under KRS number 0000385276, NIP: 9452091626, REGON: 120532280 (hereinafter referred to as “Ailleron” or “Service Provider”).
2. 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
3. The Terms are available on the website located at www.ailleron.com/pl.
4. These Terms constitute the terms and conditions within the meaning of Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
5. These Terms specify, in particular, the types and scope of services provided by Ailleron electronically, the conditions for providing these services, the conditions for concluding and terminating contracts for the provision of electronic services, and the procedure for complaint handling.
6. 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

1. Ailleron/Service Provider – Ailleron Spółka Akcyjna with its registered office in Kraków.
2. Services – services listed in § 3 below.
3. User – a person/entity using the Services.
4. 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.
5. 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.
6. Terms – these terms and conditions.
7. Website – the website located at www.ailleron.com, as well as other service solutions constituting intermediary services offered by the Service Provider, in particular the SaaS platform LiveBank.
8. 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.
9. User Content – content transmitted or published by the User through the Website and/or in connection with the provision of Services.

§ 3 Services

1. The Service Provider renders Services in accordance with these Terms and separate terms of use for each respective Service, if applicable.
2. Within the Website, Ailleron provides the following Services:
   1. provision of contact forms,
   2. provision of forms enabling registration for events/meetings/webinars organized by the Service Provider,
   3. services covered by the SaaS platform LiveBank.
3. 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.
4. The Services referred to in point 2) items 1) and 2) above are provided free of charge, are of a one-time nature, and terminate upon submission of the inquiry/registration or upon earlier cessation of use by the Service Recipient.
5. 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.
6. 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.
7. The use of Services may require providing the Service Recipient’s personal data.

The withdrawal form is as follows:

§ 4 Technical conditions for using services

1. To use the Service, the following minimum technical requirements must be met unless separate terms of use for a specific Service state otherwise:
   1. 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,
   2. installation of one of the web browsers supporting JavaScript and cookies:
      1. Microsoft Edge from version 85,
      2. Mozilla Firefox from version 70,
      3. Google Chrome from version 70,
      4. Opera from version 70,
      5. Safari from version 14.
2. Using the Services may require, in addition to meeting the requirements specified in paragraph 1, having an active e-mail account.
3. 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.
4. The Service Provider takes actions aimed at ensuring secure conditions for using the Service through appropriate safeguards. Regardless of taking these actions, the Service Provider informs about basic potential risks associated with using the Internet:
   1. the possibility of receiving spam, which is unsolicited commercial (advertising) information transmitted electronically;
   2. 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;
   3. the possibility of spyware action, i.e., software that spies on user activities on the Internet;
   4. the possibility of exposure to cracking or phishing (password harvesting);
   5. 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;
   6. 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.
   7. 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 Using the Service

1. The Service Provider reserves the right to 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.
2. Use of the Service is possible provided that the User’s teleinformatics system meets the minimum technical requirements specified in § 4 of the Regulations, unless separate terms of use for a specific Service state otherwise.
3. The content of the Service is protected by copyright and industrial property rights. All works, trademarks, logos, utility designs, industrial designs, etc., presented in the Service, 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 Service does not imply obtaining a license to use intellectual or industrial property belonging to entities within the Ailleron group or third parties.

§ 6 User content and its moderation

1. The User is entitled to use 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.
2. It is prohibited for the Service Recipient to provide unlawful content.
3. It is prohibited to post/share User Content that contradicts applicable laws, social norms, morality, and the provisions of the Regulations, particularly content that:
   1. is untrue, misleading, or could mislead the Service Provider, Users, and/or third parties,
   2. violates the rights and/or personal interests of third parties,
   3. violates or could violate copyrights or other intellectual property rights of third parties,
   4. violates consumer protection rights,
   5. 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,
   6. is offensive, vulgar (including in foreign languages), or contains threats directed at third parties,
   7. serves to conduct activities prohibited by law, such as attempts at fraud and financial scams against other Users or third parties,
   8. serves to conduct unlawful advertising, promotional, or marketing activities, particularly through posting advertisements, sales, or promotion of products, services, projects, or collections,
   9. serves to conduct competitive activities against the Service Provider,
   10. violates the legal order or good customs in any other way.
4. The User is obligated to comply with the prohibitions specified in § 4 throughout the use of the Service and in relation to each offered functionality.
5. Publishing or sending User Content in the Service occurs automatically, and the Service Provider does not automatically verify all User Content transmitted/published using the Service’s functionalities.
6. The Service Provider is authorized to moderate User Content in cases where it constitutes Illegal Content and/or violates the provisions of the Regulations.
7. Moderation can result from:
   1. reports as referred to in § 8,
   2. verification activities initiated by the Service Provider.
8. 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 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.
9. Verification activities referred to in paragraph 7 above and moderation are carried out manually, without the use of algorithmic decision-making.
10. As part of moderation, the Service Provider may impose the following restrictions on User Content:
    1. 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 users of the Service or a specific User,
    2. suspend or terminate the provision of Services to such User, in whole or in part,
    3. suspend or close such User’s account.
11. If the Service Provider, particularly as a result of verification activities referred to in paragraph 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.
12. Based on the conditions specified in Article 15(1) of 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, 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.

§ 7 Complaints

1. The User has the right to lodge complaints regarding the Service or the Services.
2. A complaint should include at least:
   1. identification of the person and contact details of the User lodging the complaint (first name, last name, postal address, e-mail address);
   2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The consumer may use out-of-court complaint and redress methods, including the online platform for alternative dispute resolution (ODR platform: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

§ 8 Reporting procedure

1. Any person or entity may submit a report if they believe that specific User Content available within the functionalities of the Service constitutes Illegal Content and/or content that violates the Terms of Service.
2. Reports are to be submitted electronically to the dedicated e-mail address: dsa.klient@ailleron.com.
3. The report mentioned in sections 1 and 2 above should include all necessary information for its consideration by the Service Provider, specifically:
   1. the name and e-mail address of the reporter,
   2. the name of the entity on whose behalf the reporter is acting and their position (if applicable),
   3. 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),
   4. 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 of Service,
   5. 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,
   6. a statement confirming that the information and allegations in the report are accurate and complete and are being provided in good faith.
4. When submitting a report, the person or entity may use the reporting form provided in Appendix No. 1 to the Terms of Service, although this is not mandatory.
5. 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.
6. The Service Provider reviews reports and makes decisions regarding the content reported in a non-arbitrary, objective manner and with due diligence.
7. 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.
8. 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.
9. The decision issued by the Service Provider will determine whether the content reported constitutes Illegal Content and/or content that violates the Terms of Service, 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.
10. If the report is found to be justified and the content reported constitutes Illegal Content and/or content that violates the Terms of Service, the Service Provider will inform the User who transmitted/published the User Content subject to the report about the decision via e-mail.

§ 9 Complaint procedure

1. The person or entity that submitted a report and received a decision regarding it, as mentioned in § 8 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.
2. A complaint can be filed within 6 months from the date of receiving the decision.
3. The complaint is submitted electronically to the dedicated e-mail address: dsa.klient@ailleron.com.
4. The complaint should contain all the information necessary for its consideration by the Service Provider, specifically:
   1. the name and e-mail address of the complainant,
   2. the name of the entity on whose behalf the complainant is acting and their position (if applicable),
   3. the number of decision being complained about,
   4. justification.
5. When submitting a complaint, the person or entity may use the complaint form provided in Appendix No. 2 to the Terms of Service, although this is not mandatory.
6. The Service Provider confirms receipt of the complaint by sending an automatic message to the e-mail address from which the complaint was sent.
7. 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.
8. 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.
9. 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.
10. If the recipient of the decisions mentioned in § 8 section 9 and § 9 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 § 9 has been exhausted.
11. The provisions of § 8, sections 9 and 10, and this § 9 apply accordingly to decisions issued as a result of verification actions initiated by the Service Provider.

§ 10 Data protection

The Service Provider processes personal data according to the principles outlined in the Privacy Policy.

§ 11 Final provisions

1. These Terms and Conditions come into effect on the date of publication on the website www.ailleron.com/pl.
2. Recipients of electronic services can contact the Service Provider directly via electronic means through the Customer Contact Point.
3. 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.
4. The Service Provider reserves the right to unilaterally amend these Terms and Conditions or introduce new ones in the event of:
   1. the introduction of new or amendment of existing generally applicable legal provisions,
   2. changes or emergence of new interpretations of generally applicable legal provisions as a result of court rulings or decisions, recommendations, guidelines, or suggestions,
   3. changes in market conditions,
   4. the introduction or withdrawal of Services,
   5. the necessity to correct typographical and accounting errors and to ensure the clarity of the Terms and Conditions, not increasing the scope of obligations or decreasing the scope of User rights.
5. The new Terms and Conditions or amendments to the existing Terms and Conditions come into effect on the date of publication on the website www.ailleron.com/pl. For Agreements made before the amendment of the Terms and Conditions, the version of the Terms and Conditions in force on the date of their conclusion applies unless separate terms of use for a specific Service provide otherwise.
6. The Service Provider is liable for any damages resulting from the use of the Service on the terms specified in generally applicable legal provisions unless separate terms of use for a specific Service provide otherwise.
7. The Service Provider is not liable for any damages resulting from the use of the Service and the use of Services within the Service in a manner contrary to applicable legal provisions or the provisions of these Terms and Conditions, 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.
8. 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 Service and Services.
9. These Terms and Conditions 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 and Conditions.
10. These Terms and Conditions are governed by Polish law.
11. In matters not regulated by these Terms and Conditions, the provisions of Polish law apply, in particular, the provisions of the Civil Code of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended) and the Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).