1. These Terms and Conditions define general conditions for the provision of services included in the offer of Senuto.com website available in the senuto.com domain.
3. The price list is an integral part of these Terms.
4. These Terms have been drawn up on the basis of applicable law, in particular the following provisions:
- Civil Code – Act of 23 April 1964 (Journal of Laws of 1964, No. 16 item 93, as amended) (hereinafter referred to as the Civil Code)
- the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) (hereinafter referred to as the Act on Electronic Services);
- the Act of 4 February 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2006, No. 90, item 631, as amended) (hereinafter referred to as the Copyright Act).
- the Act of August 29, 1997 on the Protection of Personal Data (i.e., Journal of Laws of 2002, No. 101, item 926, as amended) (hereinafter referred to as the Personal Data Protection Act).
5. Terms used in these Regulations have the following definitions:
- Application – software provided as a service by which the User can analyze the matching of the website to the standards of search engines.
- Price list – a document available on the Website that specifies the amount of fees for using the Services included in a given Package. The price list constitutes an offer to conclude the Agreement. The prices indicated in the Price List are valid until the new prices are published in the Price List.
- Personal Data – personal data within the meaning of the GDPR.
- Registration Form – an electronic registration form that allows creating an Account and register the User on the Website to use the Services.
- Password – an individual string of characters chosen by the User, which, together with the Login, is used to log in to the Account. The password must be at least 6 characters long, and contain at least one number and one capital letter.
- Consumer – a person who performs a legal action not related directly to its business or professional activity.
- Account – an individual User Account created by the Service Provider in connection with the Registration entitling him to use the Website Services.
- Test Account – created by the Service Provider in connection with the Registration of an individual User Account authorizing him to use the Website Services within 14 days from the date of Registration.
- Login – the email address of the User, which, together with the Password, is used to log in to the Account.
- Newsletter – electronic newsletter containing information related to the Website (including commercial information) provided to the User by electronic means of communication. The service is provided after the User has placed an order, which can be cancelled at any time.
- Subscription Period – the period in which the Service Provider provides paid Services to the User within the selected Package.
- Subscription fee – remuneration for Services provided under the selected Package. Subscription fees are set out in the Price List.
- Service – benefits received by the User on the basis of a contract concluded by the Parties for the provision of services consisting in particular of providing the User with specific tools available in the Application. The type and scope of Services depends on the choice of the Package.
- Service Provider – Senuto Inc with headquarters in 907 Burlingame Ave Suite 9, Burlingame, CA 94010, the owner of the Website, that provides the services without the simultaneous presence of contracting parties using a telecommunications network.
- User – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, but with legal capacity that has registered and entered into a contract with the Service Provider, the subject of which is the paid use of the Services.
- Test User – is a natural person with full legal capacity, a legal person or an organizational unit without legal personality, but with legal capacity, who has registered and concluded a contract with the Service Provider, which is free to use the Services for a period of 14 days.
- Contract – a contract for the provision of electronic services, the subject of which are the Services specified in the given Package. The contract is concluded at the time of registration.
- Package – Services selected by the User, which the Service Provider provides in the given Subscription Period for the benefit of the User.
- User panel – a set of functionalities in the Application that enable the Account (and a Test Account) to be managed.
- Recurring payment – a method of payment when the User is charged periodically for the selected Services.
- Employee – a person who, on the basis of the User’s rights under the Agreement, entitled the User to use the Application. An employee within the meaning of this definition may only be a person with full legal capacity remaining with the User in an employment relationship or providing services to the User on the basis of a legal relationship other than a contract of employment. The User is responsible as for his own act or omission for the actions and omissions of the Employees.
- Registration – an action of providing relevant data, Personal Data included, and submitting an appropriate declaration of will resulting in the conclusion of the Agreement and opening an Account or Test Account.
- Service – Senuto website maintained by the Service Provider available in the Senuto.com domain.
- Contracting party – Service Provider or User.
- Contracting parties – Service Provider and User.
General terms and conditions of providing services electronically
1. The provision of the Services is carried out using an ICT system that ensures processing and storage, as well as sending and receiving data via telecommunications networks, in accordance with the wording of the Act on the provision of electronic services.
2. The content of the Website is legally protected.
3. The use of the Website, Application and Services may only be carried out on the terms set out in these Regulations.
5. In order to use the Website, the User should have a computer or a device with software that allows browsing websites, and access to the Internet with a bandwidth of at least 512 kb / s. The Website can be accessed with the most popular web browsers, i.e.: Chrome from version 9.0, Firefox from version 3.1, Internet Explorer from version 8.0.
6. In order to create an Account it is necessary to have an active email address.
7. The User acknowledges that the Service Provider is entitled to process the Personal Data provided by the User to the extent necessary to perform the Agreement, as well as to process Personal Data for another purpose, provided that the User consented to it.
8. Names (including trade names), brands, descriptions or trademarks published on the Website pages are protected by law. Any use of them may take place only with the prior written consent of the entitled persons. Any violation of these rights by the User may result in legal sanctions, including compensation claims of authorized entities.
9. The Service Provider provides the Services on the territory of the Republic of Poland and abroad.
1. The usage of the Services is paid, except for the possibility of a free use of the Services by the Test User.
2. Use of the Services requires Registration.
3. By using the Website, the User should in particular:
- refrain from any actions that may hinder or disrupt the operation of the Website or the Application, and from activities which may make it difficult to use the Website or the Application for other Users,
- refrain from interfering with the Website or Application,
- refrain from any actions violating the rights of other Users.
Registration and conclusion of the Agreement
1. The use of the Website Services is possible only after registration.
2. The User’s registration is done by completing the Registration Form available on the Website.
3. The mandatory fields of the Registration Form are marked in the Registration Form.
4. After filling in and submitting the Form, the Service Provider sends to the email address of the User a confirmation of the Registration together with information on the creation of the Test Account. From that moment, the User may use the Test Account for a period of 14 days. The User is entitled to use the Test Account once, that is, after creating the Test Account he is entitled to use such account for no longer than 14 days and is not entitled to set up the Test Account again.
5. Upon the completion of the Registration, a Fixed Term Contract is concluded between the Parties.
6. The contract for a definite period expires on the expiry day of the 14-day test period, unless the User extends the possibility of using the Services by making a Payment for the selected Package. In such a case, making a Payment results in a change of an Agreement for a definite period to an Agreement for an indefinite period.
7. Upon expiry of the Fixed Term Agreement, the User’s Test Account may be removed from the Website.
8. The User is not entitled to transfer the rights or obligations resulting from the Agreement concluded with the Service Provider, without the consent of the Service Provider expressed in writing under pain of nullity.
1. The Registered User via the Account uses the Application and other Services offered as a part of the selected Package.
2. The User uses the Application and Services included in the selected Package in a given Subscription Period. In order to extend the possibility of using the Application, the User is obliged to make the payment in the manner specified in the Regulations.
3. The scope of Services provided as a part of a given Package is specified in the Price List available on the Website.
4. The Service Provider reserves the right to create Individual Packages, whose scope of Services will be determined on the basis of arrangements between the User and the Service Provider.
5. Each User within the Account has the option of using the User Panel through which he can manage their Account.
6. By means of the User Panel, User has the option of using the Application function (the range of available functions depends on the Package).
7. Logging in to the Account requires entering the Login and Password. The Login and Password to the Account are confidential. In order to ensure proper password protection, User should change it at least once a month.
8. Any breach of the confidentiality of the Login and Password should be reported to the Service Provider immediately upon finding the violation.
9. If the Password is lost, the User may ask the Service Provider to set a temporary Password allowing to log into the Account. In order to obtain a temporary Password, User should use the mechanism provided on the Account login page. The new Password will be sent to the User’s email address in the form of an activation link.
10. It is forbidden to share your Account with third parties, except for the User’s employees. The possibility of extending access to the Account for the User’s Employees depends on the type of the Package.
11. Through the Account, the User may make any changes in the scope of the data entered by him and at any time check the scope of the Services used within the selected Package.
12. The provisions of this section are applicable if the User uses the Test Account.
Payments for Services
1. In order to use the Services covered by a given Package, the User must make a Payment.
2. The Service Provider may require the User to pay for the Services in an automated manner, in particular by means of the possibility to collect payments by the Service Provider without active participation of the User (e.g. from the credit card indicated by the User).
3. By choosing Payment for the Service in an automated manner, the User agrees to periodically debiting the card account indicated by the User.
4. In the case of a Test Account, before the end of the period for which the Agreement was concluded, the User will be shown in the User Panel information about the possibility of making a Payment for the first Subscription Period in an automated manner using the appropriate payment form located in the User Panel. Making the first Payment determines the possibility of using the Services after using the Test Account. Before making the first Payment, the Parties may modify the Package in order to define the scope of Services according to the User’s individual needs.
5. Payment for the package is made in advance. The User may make a Payment in advance for more than one Subscription Period.
6. The subscription period begins on the 15th day after the test Account is created, unless the User makes the Payment in advance. In such a case, the Subscription Period begins on the date of the first Payment. If the conclusion of the Agreement is not preceded by the establishment of a Test Account, the Subscription Period begins on the Registration Date. If after the lapse of 14 days from the establishment of the Test Account the User is not entitled to use the Services due to the failure to make the Payment, the Subscription Period begins on the date of payment for the first Subscription Period. The subscription period lasts for one month, that is, the subscription period ends on the day corresponding to the starting date of the Subscription Period day, and if such a day in the month in which the Subscription Period ends, it was not – on the last day of that month.
7. If the payment is made in advance for more than one Subscription Period, the Service Provider provides the Services for the number of Subscription Periods for which the User made the Payment.
8. At the time of payment, the User has the option of using the Application and the Account in a given Subscription Period.
9. In the case of Payments in an automated manner, the payment deadline is the date of confirmation of the correct transaction carried out by the payment institution acting as intermediary in the payment.
10. The Service Provider shall not be liable to the User for delays in starting to use the Services under the selected Package resulting from incorrect or incomplete provision of data by the User, which enable the Payment to be made.
11. The User may change the Package at any time for another Package. In the event that the other Package is a higher-price package than the previous Package, then the Services offered under such a Package will be available from the day following the day on which payment for such a Package was received by the Service Provider. If the change of the Package involves a change to a Package with a lower price than the current one, then the change will take place from the next Subscription Period, however not earlier than 14 days from the selection of the Package with a lower price.
12. When a change to a Package with a lower price than the previous one concerns a User who is not a Consumer, then such User is not refunded the difference between the amount paid for the Higher Price Package and the price of the Package with a lower price regardless of how many Subscription Periods the User paid.
13. When a change to a Package with a lower price than the previous one concerns a User who is a Consumer, then such User is refunded the difference between the amount paid for the Higher Price Package and the lower price Package price for the Subscription Periods following the Subscription Period in which the Package changed. This means that if the User who is a Consumer has paid for one Subscription Period, the difference in price is not refunded for this Subscription Period. However, if such User has paid for more than one Subscription Period, the difference in price is refunded for the Subscription Periods following the Subscription Period in which the change occurred.
14. In the event the Service Provider is obliged to refund the User with cash, such a refund will be made using the same method that the payment took place in first place.
15. The current Price List containing the list of Services provided within the available Packages can be found on the Website. All Package prices on the Website page are given in net amounts and in amounts including Value Added Tax (VAT).
16. The Service Provider reserves the right to change the prices of Packages specified in the Price List, as will be notified on the Website. For the avoidance of doubt, the new rates do not apply to Packages already paid by the User. At the end of the Subscription Period for which the Package has been purchased, the User may purchase another Subscription Period or terminate the Agreement.
17. In order to receive a VAT invoice, the User is obliged to provide the data necessary to issue it, in particular the company (name and surname if the contract is entered into by a person not conducting business activity), address data and NIP. The user agrees to issue, send and share invoices in electronic form.
Intellectual property rights
1. The application is a work within the meaning of the Copyright Act. The User is entitled to use the Application and dispose of it in the manner specified in the Regulations and the Agreement.
2. The User is not entitled to use the Application to the extent other than the extent to which he is entitled to do so under the Agreement and the Regulations. The above limitation shall not affect the User’s right to use the Application to the extent permitted by the mandatory provisions of law.
3. Under the Agreement, the Service Provider grants the User a paid, non-exclusive, non-transferable, limited duration of the Subscription Period for the use of the Application, including its updates and new versions, without the right to grant further licenses for the Application, in the following fields of operation:
- use of the Application by the User (or by persons authorized by the User, if a given Agreement grants such authorization to the User) on computers or other similar devices that the User has at his disposal via the Internet at a place and time selected by the User.
- The User may use the Application solely for the purpose of managing the content, including its publication on the websites, in respect of which the User is entitled to manage the content. The above shall also apply to the use of the Application as a part of the Test Account.
- The User is not entitled, regardless of the technical means used, to enable third parties to use the Application (unless such right is expressly provided in the Agreement) or to use the Application for the needs of third parties in any other way than described in section 8.5 above.
- The User shall not have the right to change or remove any information on copyright and other intellectual property rights contained in the Website or Application.
- User acknowledge that even minor changes to the Application may result in substantial, unforeseen disruptions to the operation of the Application. Users are responsible for any changes made to the Application by themselves or by any person using the Application for this purpose.
- Any use of the Application which exceeds the scope specified herein requires a consent of the Service Provider granted in writing or in electronic form under pain of nullity.
- In relation to a User who is not a Consumer, registration means granting the Service Provider a consent to inform third parties about the fact of using the Services of the Service Provider by the User, including in particular granting the Service Provider a consent to publish without territorial limitations, including the media, the Internet, printed materials, audio and video, the trademark identifying the User or his goods or services.
Termination of the Agreement
1. The Parties may terminate the Agreement concluded for an indefinite period of time upon one month’s notice at the end of a calendar month by submitting a notice of termination in electronic form, which shall be sent by email to the address of the other Party. If the User is a Consumer, the Service Provider may terminate the Agreement concluded for an indefinite period of time in the manner provided for in the preceding sentence for important reasons, i.e. in the case of:
1. planning by the Service Provider to reduce the scope of the Services or to terminate the Services
2. occurrence of factual or legal circumstances (including changes in regulations) resulting in material difficulties in the provision of Services
3. introduction by the Service Provider’s contractors of new conditions for the provision of services resulting in significant difficulties for the Service Provider in the provision of Services at the current level or in the existing scope
4. occurrence of changes in the website resulting in significant difficulties for the Service Provider in the provision of Services at the current level or in the current scope.
2. Upon termination of the Agreement, the Service Provider is entitled to delete the User’s Account, including all data contained in the Application database. The Service Provider does not delete data or content concerning websites entered by the User in the Application. If the termination of the Agreement concerns the Consumer, the Service Provider is entitled to perform the actions indicated in the first sentence of this point after 14 days from the termination of the Agreement.
3. In the case of termination of the Agreement by the User before the end of the Subscription Period for which the Subscription Fee was paid, the Service Provider shall not reimburse the Subscription Fee in whole or in part. In the case of termination of the Agreement by the Service Provider and in the case of termination of the Agreement concluded with the User being a Consumer, the Service Provider shall reimburse the User for such part of the paid Subscription Fee as would be due for the period following the date of termination of the Agreement.
4. The Service Provider may terminate the Agreement by terminating it with immediate effect through a statement in the electronic form sent via e-mail to the User’s email address in the event that the User:
- violated or violates the provisions of the Rules of Procedure
- took or takes actions that endanger the security of data collected on the Website
- tried or tries to make unauthorised access to the Website,
- performed or performs illegal activities through the Website
- acted or acts to the detriment of the Service Provider
- provided false information during the registration process
- infringed or infringes on the intellectual property rights of the Service Provider, in particular the proprietary copyrights of the Service Provider
- violates the rules (including in particular the regulations) of using the Web Sites
- failed to make the payment due to the Service Provider within the deadline.
5. If the circumstances referred to in points 9.4.1. – 9.4.7. concern a User who is a Consumer, the Service Provider is entitled to terminate the Agreement upon 7 days’ notice. If the circumstances referred to in point 9.4.8. apply to a User who is a Consumer, the Service Provider is entitled to terminate the Agreement with 7 days’ notice, if the User has not made a payment despite the lapse of 7 days from receiving a request for such payment.
6. In the event of termination of the Agreement for the reasons specified in Section 9.4 above, the Service Provider shall not reimburse the Subscription Fee in whole or in part before the end of the Subscription Period for which the Subscription Fee was paid. In the event of termination of the Agreement concluded with a User who is a Consumer in the manner specified in point 9.5 above, the Service Provider shall reimburse the User for such part of the paid Subscription Fee as would be due for the period following the date of termination of the Agreement.
Withdrawal from the Contract by the Consumer
1. A User who is a Consumer may withdraw from the Agreement without giving reasons by making a relevant statement in writing within 10 days from the date of concluding the Agreement, subject to the exceptions indicated in section 10.2 below. In order to meet that deadline, it shall be sufficient to send a statement before it expires.
2. However, the User who is a Consumer, is not entitled to withdraw from the Agreement concluded remotely in following cases:
- provision of services commenced, with the consent of the Consumer, before the lapse of the period referred to in point 10.1 above,
- services with properties specified by the Consumer in the order placed by the Consumer or strictly related to the Consumer,
- benefits which, by their nature, cannot be refunded or the subject-matter of which is liable to deteriorate rapidly.
1. Use of the Website, Applications and Services is made via the Internet, which is connected with the risks occurring while using this network.
2. Risks associated with the use of the Internet include the possibility of introducing harmful software, such as mini-webs, into a device that is connected to the Internet. “viruses’, ‘worms’ and ‘Trojan horses’. Therefore, it is recommended that the User has current software to counteract such threats, such as antivirus software and software to protect the devices against unauthorized access by third parties (the so-called firewall).
3. The actions of third parties seeking unauthorised access to the devices and data without knowledge and against the will of the User are also a threat. In order to prevent such actions, it is recommended that Users keep their Account Password strictly confidential.
1. The User is entitled to submit complaints concerning the provided Services. A complaint may be submitted in writing to the address of the Service Provider indicated in point 1.5.14. of the Terms and Conditions or in electronic form to the email address of the Service Provider [email protected]
2. In the complaint, the User should specify the reason for the complaint and the scope of activities that the User expects the Service Provider to perform.
3. Complaints are considered within 21 days from the date of their receipt by the Service Provider. The Service Provider shall inform the User about the result of the complaint processing by sending an email to the User’s email address, and if such information is not possible, in writing by post.
4. If the complaint is accepted, the Service Provider shall take steps to remedy the condition being the basis for the complaint or shall justify the refusal to accept the complaint.
Disclaimer of liability
1. The Website, Application and Services may be temporarily unavailable due to the necessity to undertake technical activities related to the software or hardware, such as updating, maintenance, inspection or replacement.
2. In the event that a break or temporary suspension of the availability of the Website, Application or Services is possible, the Service Provider shall notify the Users of such events in advance on the homepage of the Website.
3. In relation to Users who are not Consumers, the Service Provider shall not be liable for non-performance or improper performance of obligations resulting from reasons beyond the Service Provider’s control. In relation to Users who are not Consumers, the liability of the Service Provider for non-performance or improper performance of obligations is limited to the amount of actual damage suffered with limitation to three times the average monthly net remuneration of the Service Provider received from the User in the year in which the damage occurred.
Amendments to the Rules of Procedure
1. The Service Provider reserves the right to introduce changes to the Regulations for an important reason upon prior 7-day notification to the Users. Amendments shall come into force 7 days after the date of notification to the Users, however, the annex introducing the amendments may provide for a longer period of entry into force of particular amendments. The following provisions shall apply to amendments:
2. Important cause should be understood in particular:
- the need to modify the Service Provider’s IT systems
- changing the processes of the Website or Application, including modification, extension or addition of new functionalities of the Website or Application
- modernization of the Service or Application
- adaptation of the Regulations, the Service or the Application to legal requirements, in particular to changes in legislation
- justified comments submitted by the Users.
3. The Users will be notified about the change of the Regulations by sending an email message to the Users containing the appropriate information and the unified text of the amended Regulations, as well as by posting the appropriate information in the Service and making the unified text of the amended Regulations available in the Service.
4. The User, who does not agree with the changes of the Regulations, is entitled to submit the termination of the Agreement within 7 days from receiving the email message about the change of the Regulations. The User may submit a notice of termination in electronic form by sending such notice by email to the email address: [email protected] or in writing by sending a notice of termination by post or courier to the address of the Service Provider. In the case of a notice of termination submitted by the User, such notice shall have the effect of termination of the Agreement at the moment of delivery of such notice to the Service Provider.
5. Users who register in the period from the moment of publication of amendments to the Regulations to the moment of their entry into force shall be bound by the provisions of the current Regulations and in the period starting from the day of entry into force of amendments – by the provisions of the amended Regulations. Such Participants at the Registration stage shall be required to agree to the amendments to the Regulations. For the above reasons, Participants will not receive separate email notifications about the implementation of changes, nor will the right to terminate them due to the implementation of changes apply to them.
4. All disputes between the Parties, including but not limited to disputes concerning the validity, interpretation, non-performance or improper performance of the Agreements, shall be subject to the jurisdiction of the Polish courts. All disputes between the Service Provider and the User who is not a Consumer, including in particular disputes concerning the validity, interpretation, non-performance or improper performance of the Contracts, shall be settled by the court competent for the seat and address of the Service Provider.
5. The provisions of paragraph .4 above shall apply only to the extent that the agreement on submission of disputes to the jurisdiction of Polish courts or, respectively, the agreement on submission of disputes to the jurisdiction of the court of the Service Provider’s registered office, is admissible in such a case. The provisions of paragraph .4 above are without prejudice to any provisions determining otherwise the jurisdiction or, as the case may be, the venue of the court, if such provisions cannot be derogated from by the provisions of paragraph .4 above.
6. If the Regulations are also prepared in a language version other than the Polish one, then in case of discrepancies between the different language versions, the Polish one shall be binding.
7. With regard to legal relations between the Service Provider and the User, the use of the User’s contractual templates is excluded (this applies in particular to general terms and conditions, model contracts, regulations, etc.).
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