Regulamin Serwisu SignSafe

 

 

The provision of digital services via the website https://signsafe.app (hereinafter referred to as the "Website" or "Service") is carried out by SIGNSAFE SP. Z O.O. with its registered office in Gdańsk (80-416) at al. Gen. Józefa Hallera 134/197, entered into the register of entrepreneurs maintained by the District Court for Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under the KRS number: 0000742005, NIP: 1182178080 and REGON: 380903532 (hereinafter referred to as the "Service Provider"). The Service Provider, as part of the Website, also provides free services electronically on the terms and in the manner specified in this document.

You can contact your service provider:

a) by e-mail sent to: info@signsafe.app

I. Definicje

The terms used in this document mean::

  1. Price-the price expressed in monetary units that the customer who places the order must provide to the seller for the service.
  2. Business days - days of the week from Monday to Friday, excluding public holidays.
  3. Document-an electronic file entered on the site by the user, which, from the moment of submitting an electronic signature, expresses a statement of intent of the signatory of a certain content in relation to the parties indicated in them or the parties who participated in its signing.
  4. Client-a natural person with full legal capacity, a natural person engaged in individual entrepreneurship, a legal entity or an organizational unit that is not a legal entity that is granted legal capacity by special provisions, who places orders on the website or for whose benefit the service provider provides services in electronic form.
  5. Civil Code-the Law of April 23, 1964 (No. 16, item 93 c.).
  6. Consumer-a consumer within the meaning of Article 22 [1] of the Civil Code who is a customer of the service.
  7. Account - a space allocated by the service provider for a given client on the website, within which the client can perform certain actions within the website. Using an account allows you to use the services provided within the service.
  8. Product-a digital service presented on the site, which can be the subject of an order or contract.
  9. Entrepreneur-an entrepreneur within the meaning of Article 43 [1] of the Civil Code, who is a customer of the service.
  10. Entrepreneur on the rights of a consumer-a client who is an individual who enters into a contract directly related to his business activities, when it follows from the content of this contract that it does not have a professional character for him, resulting, in particular, from the subject of the economic activity carried out by him, provided on the basis of the provisions on Central Accounting and information on activities.
  11. Regulations - this document.
  12. Registration-an action performed by the client within the service, leading to the creation of an account by the client.
  13. Internet service, service-Internet service in the domain https://signsafe.app/ which the service provider uses to provide services in electronic form,
  14. Digital content - data received and delivered in digital form, presented on the site, which can be the subject of an order and contract.
  15. Contract-A contract for the provision of products or services, concluded at a distance between the service provider and the client on the terms specified in the rules.
  16. Service-a service provided by the seller in electronic form to the customer in accordance with the provisions of the Law on the Provision of Services in Electronic Form.
  17. Digital service-a service that allows a user who is a consumer or entrepreneur on the rights of a consumer to produce, process, store or access data in digital form, share data in digital form that was transmitted or created by the consumer or other users of this service, and other forms of interaction with data in digital form.
  18. Consumer Rights Act-Law of May 30, 2014 On Consumer Rights (from 2014, No. 827 of um.).
  19. Law on the Provision of Services in Electronic Form – the Law of July 18, 2002 On the Provision of Services in Electronic form (No. 144, item 1204 cit.).
  20. User-an individual who acts on their own behalf or on behalf of the client, performing actions on the site,
  21. Order - a statement of intent made by the service provider by the client, indicating the intention to conclude a contract, which determines, first of all, the number and type of digital products and services among the products presented on the site.

 

II. Postanowienia ogólne

  1. The Terms and Conditions define the general terms and conditions, the terms and conditions for entering into the contract, and the terms and conditions for providing services by the service provider. The Terms and conditions are permanently available on the service's website so that its content can be reproduced, received, and stored by storing it on a storage medium at any time.
  2. The Service Provider makes every effort to ensure that Internet users can use the Internet service, i.e. perform all actions leading to familiarization with the Site content or other actions defined by the rules, using all popular web browsers, operating systems, device types and Internet connection types.
  3. The minimum technical requirements that allow you to use the website are as follows::
    1. computer or mobile device with internet access,
    2. Standard software and operating system: Windows 10, macOS 10.15 (Catalina) or later, Linux (Ubuntu 18.04. or later),
    3. Microsoft Edge version 111 or later, Chrome version 113 or later, FireFox 112 or later, Opera version 97 or later, or Safari version 16 or later,
    4. Javascript enabled in the browser,
  4. To use digital content and services, the user's computer or other device must meet the following technical conditions::
    1. internet access,
    2. any current operating system is Windows 10, macOS 10.15 (Catalina) or later, Linux (Ubuntu 18.04. or later),
    3. Microsoft Edge version 111 or later, Chrome version 113 or later, FireFox 112 or later, Opera version 97 or later, or Safari version 16 or later,
    4. active email account,
    5. for other files: any program that supports electronic files in pdf format, respectively., xsl, mobi, pub.
  5. To place an order or use certain services on the site, the customer must have an active email account.
  6. The provider informs that the public nature of the Internet and the use of services provided in electronic form may be associated with a threat to any Internet user, which consists in obtaining and modifying user data by unauthorized persons and introducing malicious software into the ICT system. To avoid the risks mentioned in the previous sentence, customers should use appropriate technical measures that minimize these threats, in particular, they should use antivirus programs.

III. Rights and obligations

  1. It is prohibited to use the resources and functions of the website for the purpose of carrying out activities by the client that infringe on the interests of the service provider, i.e., in particular, advertising activities of another entrepreneur or product, activities for posting content that is not related to the activity of the service provider, activities for posting untrue or misleading content.
  2. The Client must, in particular,:
    1. do not provide or provide content that is prohibited by law, such as content that promotes violence, slanders or violates the personal benefits and other rights of third parties,
    2. use the website in a way that does not interfere with its functioning, in particular by using certain software or devices,
    3. do not take actions such as: sending or posting unsolicited commercial information (spam)within the website,
    4. use of the website in a manner that is not burdensome for other customers and the service provider,
    5. use of any content posted on the website is for personal use only,
    6. use the Internet service in accordance with the provisions of the legislation in force in the territory of the Republic of Poland, the provisions of the Rules, as well as the general rules for using the Internet.
  3. It is prohibited for clients to post in the context of using the services specified in clauses IV and V of the Rules, the content of which, in particular, may include::
    1. be placed in bad faith, for example, with the intention of encroaching on the personal benefits of third parties,
    2. violate any rights of third parties, including those related to the protection of copyright and related rights, the protection of industrial property rights, the secrecy of the enterprise, or related to confidentiality obligations,
    3. include personal data of third parties and distribute the image of third parties without the permission or consent of third parties,
    4. have an offensive character or pose a threat to others, contain vocabulary that violates good morals (for example, using profanity or terms that are usually considered offensive),
    5. otherwise violate the provisions of the Regulations, good morals, norms of current legislation, social or moral norms.
  4. If the client violates the provisions of these Rules, the service provider may terminate the service agreement after a preliminary unsuccessful request for termination or elimination of violations with the establishment of an appropriate time limit, subject to a 14-day notice period.

 

IV. General Terms of Service, account

  1. The service provider provides free information services through the site, providing content about the offer, news and other information related to the service provider's activities.
  2. The client can use the free service of creating an account on the site. To create an account, the client performs registration, which consists in filling in the fields marked as required, available in the interactive registration form provided on the service's website, and sending this form to the service provider using a special button. The service provider sends the activation link required to complete the account creation process to the email address specified by the client. The client confirms their identity and desire to create an account by clicking on the activation link that links to the site pages. Activation of the account is necessary to ensure the full functionality of the account and provide services to the client within its framework.
  3. After creating an account, the service provider provides the client with the opportunity to use the full version of the service as part of a free 30-day trial. The free trial period is only available for new customers.
  4. The account management service is provided for an indefinite period of time. The client can delete the account by sending a request to the service provider at info@signsafe.app.

 

V. special terms of service

  1. The service provider provides a service that allows customers to make statements of intent on their own behalf or on behalf and on behalf of others by submitting a handwritten signature to the text of the statement of intent and creating an eIDAS-compliant electronic signature on the selected document.
  2. In order to make a signature using the service, the user adds a document saved in PDF format in A4 format using the account, with the ability to edit the document blocked. You can't use the service to sign documents saved in a different format.
  3. You can specify other users or individuals who do not have an account on the site who can access the content of the document. If you grant access to a person who does not have an account on the site, they will only be able to sign the document by hand after creating an account on the site. If the user can provide data to third parties, the user, entering the data of such a person into the service, must have the necessary consent to transfer this data and be responsible for their correctness and compliance with the right to transfer them.
  4. Documents added by the client to the system will be stored in their account so that you can access their content during the subscription period and for at least 1 month after the subscription ends. The Service is not responsible for the loss of documents stored in your user account as a result of actions of third parties, i.e. it is not responsible. in particular, failures of third-party providers of related services (Hostingolders, licensors, service recipients, network service providers, mobile operators, programming errors, etc.), hacker attacks, events called force majeure. Due to the risks that arise, the service recommends that its users make an additional copy of the data on external storage media. The maximum amount of data (documents) that a user can save in an account is no more than 1 GB of data. To free up storage space, the user must delete documents from the account and/or transfer them to external storage media.
  5. The service provider provides the client with a free package of tags that can be inserted into documents to simplify the process of specifying caption locations on the document. Any modification of tags is prohibited, such as changing the color, inserting your own logo, and other similar actions.

Vi. Orders

  1. Information about products and services contained on the website of the Internet service is not an offer, but an invitation to conclude a contract in accordance with Article 71 of the Civil Code.
  2. To place an order, the user selects a product or service according to the options available on the site and fills out the order form, filling in at least the required fields marked with an asterisk (*).
  3. After filling out the order form, the user selects the preferred payment method, confirms familiarization with the terms and conditions, and then confirms placing the order using the button designed for this purpose.
  4. From the moment of making a correct payment, a contract for the provision of services is concluded on the terms defined in the regulations.
  5. The contract specified in paragraph 4 is concluded for one month and is calculated to the exact date and time of service activation.

 

VII. Payment terms and methods

  1. Purchased services are provided on a prepaid model. The Client pays for the services in accordance with the selected type of Service and the provisions of the Rules.
  2. The available payment methods for an Order are described on the site's pages and presented to users at the checkout stage.
  3. If you have chosen a payment card as the payment method, you agree to pay for the subscription on the basis of an automatic renewable payment in accordance with the selected service. The fixed fee is based on the current price list available on the service's website. The User has the right to withdraw their consent to periodic debiting of funds from their payment card at any time. In case of payment by the client's payment card, additional service functions (for example, additional storage space) can be provided for a separate payment (specified in the account). Unless otherwise specified at the time of ordering or due to the nature of the additional functionality, payment for the additional functionality is automatically renewed along with the main subscription fee for the service.
  4. If a refund is required for a transaction made by the user with a payment card, the service provider has made a refund to the bank account assigned to the user's payment card.

 

VIII. Responsibility of the Service Provider

  1. The service provider informs that in accordance with article 15 of the Law of July 18, 2002 on the provision of services in electronic form, it is not obliged to verify the transmitted, stored or transmitted data specified in articles 12-14 of the said law, if this data is not received from it.
  2. In accordance with paragraph 1, the service provider is not responsible for documents, including their contents, entered by you as part of your use of SignSafe.
  3. The Service provider is not responsible for the obligations of users resulting from their actions using the service provider's systems.
  4. The Service provider is not responsible for the data entered by the user in the service provider's systems, and is not responsible for actions performed by the user that caused any harm to this user, other users or third parties, or made it impossible or hindered the provision of services by the service provider.
  5. The Service Provider is not responsible for the content of the websites and for any damage caused by users or third parties in connection with access to the websites to which the links available on the service provider's websites may be redirected.
  6. The Service Provider is not responsible for any disruptions to the service or its websites, or for any damage caused by the User in connection with this, if it was caused by::
    1. force majeure circumstances that could not have been foreseen, and in cases where force majeure circumstances were predictable - when the consequences of their occurrence could not have been prevented;
    2. actions or omissions of third parties, including the SignSafe hosting provider, for which the service provider is not responsible;
    3. technical problems that occur on the user's or user's side, including due to failures of phones, tablets and other devices on which users make signatures; third-party software that may block or reduce the functionality of SignSafe; lack or poor quality of Internet connection.
  7. The service provider does not have the right to verify the identity of signers using SignSafe. Thus, it is not responsible for submitting a signature by an unauthorized person. The Service provider does not undertake to participate in activities related to the identification of persons who signed the signature using SignSafe.
  8. In the event of damage incurred by the User and resulting from an intentional act of the service provider, the service provider is liable only for the actual damage suffered by the User, provided that the service provider's liability is limited to the amount paid by the user for the service, except in cases where other rules arise from individual consumer rights.

 

IX. Termination of the agreement

  1. You have the right to unsubscribe in accordance with a monthly notice that takes effect at the end of the calendar month/billing period. The Client makes an opt-out by clicking a special button available in the User account panel.
  2. The Service Provider has the right to terminate the service agreement within a 14-day notice period if the User violates the provisions of the Rules.
  3. Before submitting an application for termination of the contract in accordance with the procedure specified in paragraph 2, the service provider calls on the user to stop violations by setting an appropriate period of at least 3 days.
  4. The service Provider has the right to immediately terminate the service agreement without retaining the notice period when: :
    1. The User delays payments to the service provider for at least 14 days;
    2. The user did not purchase the hosting service for the next twelve-month period;
    3. The user uses the service in a way that is considered to be committing a crime;
    4. When using the service, you attempt to gain unauthorized access to the service provider's systems, including content and documents that are not intended for the user.
  5. The application for termination of the contract or its termination is submitted in writing or by e-mail using the following information:: a) the user's address data and e-mail address specified at the time of placing an order or after updating them in the administrative panel; b) the service provider's address data and e-mail address specified on the service's website.
  6. The User must pay for the service and pay additional fees during the notification period.

 

X. service complaint

  1. The Client can file a complaint to the service provider about the incorrect provision of services, the lack of provision of services provided by the Rules, or the incorrect functioning of the service.
    1. Complaints that arise due to violations of the site's functioning and the provision of services specified in clause 1 above can be reported by the client by e-mail: info@signsafe.app.
  2. In the complaint, the client must indicate their first and last name, postal address and description of the violations that have occurred.
  3. The seller considers the complaint within 14 days.
  4. In case of deficiencies in the complaint, the seller may call the client to fill out the complaint in the required amount specified by the seller, immediately, but not later than 7 days from the date of receipt of the request by the client.

 

XI. Responsibility for compliance of digital content and services with the contract

  1. The service provider undertakes to provide the client entering into the contract with the provision of digital services in accordance with the contract.
  2. The provisions of clause IX of the regulation apply only to customers who are consumers and entrepreneurs with consumer rights. These terms and conditions do not apply to other customers.
  3. Compliance of digital services is assessed in accordance with the criteria specified in the Consumer Rights Act.
  4. The Service Provider is liable for non-compliance with the Agreement on Digital Services delivered in a lump sum or in parts that existed at the time of their delivery and were disclosed within two years from that date, as well as continuously delivered services that occurred or were disclosed at the time when they were supposed to be delivered in accordance with the agreement.
  5. If the digital service doesn't match, the client can send an email to: info@signsafe.app.
  6. The service provider recognizes the application and informs about the method of its settlement within 14 days by sending a response to the client by email, or if this address is not available, by regular mail. Failure to respond during this time period means that the User's Request is recognized as legitimate.
  7. If the digital service does not comply with the contract, the consumer may request that it comply with the contract.
  8. The service provider brings the digital service into compliance with the contract within 14 days from the date when it was informed by the client of non-compliance with the contract. The costs of bringing digital services into compliance with the contract are borne by the service provider.
  9. The service provider may refuse to bring digital services into compliance with the contract if this is not possible or requires excessive costs.
  10. If the digital service does not comply with the agreement, the customer who is a consumer can apply for a price reduction or termination of the agreement, if:
    1. The service provider refused to comply with the digital service contract or failed to comply within the time period specified in the rules,
    2. non-compliance of the digital service with the contract still occurs, despite the fact that the provider has tried to bring the digital service into compliance with the contract,
    3. the lack of compliance of a digital service with the contract is sufficiently significant to justify a reduction in the price or termination of the contract without first using the protection measure specified in the clause. IX PPK. 7 of the rules,
    4. It is clear from the seller's statement or circumstances that it will not bring the digital service into compliance with the contract within a reasonable time or without any undue inconvenience to the customer.
  11. The reduced price must remain in the proportion in which the cost of digital services that do not comply with the contract remains in the same proportion as the cost of digital services that do not comply with the contract. If the agreement specifies that the digital service is provided partially or continuously, the price reduction should take into account the time during which the digital service remained incompatible with the contract.
  12. The client cannot withdraw from the contract if the digital service is provided in exchange for payment of the price, and the lack of compliance of the digital service with the contract does not matter. It is assumed that the discrepancy between digital services and the contract is significant.

 

XII. Right to terminate the contract

  1. A consumer who has entered into a contract has the option to terminate the contract within 14 days without giving a reason, in accordance with paragraph 2 below.
  2. The consumer's right to terminate the contract is excluded in the following cases::
    1. provision of services, if the seller has fully performed the service with the explicit consent of the consumer, who was informed before the start of the provision of services that after the seller performs the service, he will lose the right to terminate the contract,
    2. A contract in which the subject of provision is a non-manufactured product produced in accordance with the specifications of the consumer or intended to meet his individual needs,
    3. Agreements in which audio recordings or visual recordings or computer programs delivered in sealed packaging are provided, if the packaging was opened after delivery; provision of magazines, periodicals or magazines, with the exception of a subscription agreement,
    4. Contracts for the supply of digital content that is not recorded on a physical medium, if the performance of the service began with the explicit consent of the consumer before the expiration of the term of termination of the contract and after the seller informed him of the loss of the right to terminate the contract.
  3. To submit an application for termination of the contract, the consumer can use the sample form of termination of the contract, but this is not necessary. To save the deadline, just send the application before it expires. The seller immediately confirms receipt of the form submitted via the service's website to the consumer.
  4. In case of termination of the agreement, the Agreement is considered incomplete. What the parties provided is returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the product.
  5. The seller is obliged to return all payments made by the consumer, including the cost of delivery of the goods, to the consumer immediately, no later than 14 days from the date of receipt of the consumer's application for termination of the contract. The seller will refund the payment using the same payment method used by the consumer, unless the consumer agrees to a different refund method, and this method will not incur any costs for the consumer.
  6. The seller may refrain from returning the payment received from the consumer until the goods are returned or the consumer provides proof that they were sent back, depending on which event occurred earlier.
  7. If the consumer exercising his right to terminate the contract chose a method of delivery of the goods at the conclusion of the contract that differs from the cheapest conventional delivery method offered by the seller, the seller is not obliged to reimburse the consumer for the additional costs incurred by him.
  8. The consumer is obliged to return the goods to the seller immediately, but not later than 14 days from the date of its termination. To save the deadline, it is enough to send the goods to the seller's address before the expiration of this period.
  9. In case of termination of the contract, the consumer bears only direct costs for the return of the goods.

 

XIII. Intellectual property rights

  1. Any content posted on the service provider's websites and systems (including graphics, texts, page layouts, and logos), and not from you or other providers, is protected by copyright and is the exclusive property of the service provider. Use of such content without the written consent of the service provider entails civil and criminal liability.
  2. The User is required to use any content posted on the service provider's websites only for personal use. Use of content to a different extent is only permitted if this is explicitly stated by the service provider.
  3. Your use of the service provider's websites and systems, including the use of text materials, images, images, applications, databases, or other content, does not imply that you are acquiring copyrights or related rights.
  4. Access to the service provider's systems after the user purchases the service is provided under the terms of a fixed-term and non-exclusive license, without the right to transfer the license or sublicense.
  5. You may not perform the following actions without the explicit consent of the service provider:
    1. copying, modifying and transmitting electronically or otherwise the site or its parts, as well as individual materials provided through it,
    2. distribution of content posted on the site in any way,
    3. retrieving the database content and reusing it in whole or in part.

 

XIV. Out-of-court ways to handle complaints and file claims

  1. A customer who is a consumer has m.in. the following options for using out-of-court methods of handling complaints and filing claims::
    1. he / she has the right to apply to the permanent arbitration Consumer Court operating under the commercial inspection with a request to resolve a dispute that has arisen as a result of the concluded purchase and sale agreement;
    2. he has the right to apply to the provincial inspector of the trade inspection to initiate mediation proceedings for the peaceful settlement of the dispute between the customer and the seller;
    3. they can get free assistance in resolving a dispute between a customer and a seller, or they can also get free assistance from a district (city) consumer rights defender or a public organization whose statutory tasks include protecting consumer rights (m.in. Consumer Federation, Association of Polish Consumers). Consultations are provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and the Polish Consumer Association at email porady@dlakonsumentow.pl;
    4. złożyć swoją skargę za pośrednictwem unijnej platformy internetowej ODR, dostępnej pod adresem: http://ec.europa.eu/consumers/odr/.

 

XV. Personal data protection

The service provider processes personal data of customers in accordance with the current legislation and rules set out in the Privacy Policy located on the service's website.

 

XVI. Final provisions

  1. The Service Provider reserves the right to change these Terms and Conditions. The service provider notifies about the change of the rules on the website of the Internet service at least 14 calendar days prior to the entry into force of the changes in the rules. Changes to the rules do not apply to users who placed an order for a paid service during the validity period of the previous version of the rules. A change in the rules during the term of a continuous contractual relationship obliges the other party, if the requirements set out in art. 384 of the Civil Code, and the party did not terminate the contract in the near future.
  2. In other matters not regulated by the provisions of this Regulation, the relevant provisions of Polish law apply.