Regulations

Regulations

§ 1 Introduction

1. The Regulations (as defined below) define the conditions of the conclusion of an Agreement by PushPushGo sp. z o.o. with its registered office in Kraków, Ostatnia 1C 31-444 Kraków, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number 0000688693, NIP (Tax Identification Number): 6751601766, REGON (Statistical Number): 367877285 (the "Service Provider") to Clients (as defined below).

2. The Regulations shall constitute the general terms of the Agreement.

§ 2 Definitions

The capitalized terms used herein shall have the following meanings:

Price List - a specification of unit Fees, available on the subpage of the Website https://pushpushgo.com/en/pages/pricing/lite

Calendar Days - consecutive days in the calendar,

Registration Form - the form completed by the Client for the purpose of concluding the Agreement,

Integration - the Client's activity consisting of adding the Integration Code to the source code of the Webpage, allowing the Client to conduct the Campaign through the Website,

Campaign - mailing by the Client through the Website of bulk Notifications, of the content established by the Client, displayed on the Subscriber's terminal equipment (e.g. phone, tablet, PC),

Identification Code - a sequence of characters generated by the Website, added by the Client to the source code of the Webpage, allowing the Client to identify Subscribers,

Integration Code - a sequence of characters generated by the Website, added by the Client to the source code of the Webpage in order to carry out the Integration,

Consumer - a natural person with full capacity to transact acts in law, who carries out with the economic operator a legal act that is not directly connected with its economic or professional activity,

Contact /Contact Data - the Service Provider's phone and address data that may be used by the Client to contact the Service Provider from Monday to Friday, i.e.

• correspondence address: Ostatnia 1C / B2 31-444 Kraków

• e-mail address: [e-mail]

• mobile phone number: [phone]

Account - a service provided by electronic means by the Service Provider to the Client as part of the Website through which the Client uses the Website functionalities,

Client - a natural person, including a Consumer, a legal person, or an unincorporated association granted legal capacity by the Statute, using the Services provided by the Service Provider through the Website,

Test Period - the initial term of the Agreement,

Payable Period - the further term of the Agreement after the expiry of the Test Period to the date of termination or expiration of the Agreement,

Billing Period - the period defined in the Price List for which the Service Provider calculates the periodic Fee in the Periodic Plan,

Account Confirmation - an e-mail sent to the User by the Service Provider after the completion by the Client of the Registration Form,

Plan - one of the plans as part of which the Client is entitled to use the Website, during the Payable Period, described in detail on subpage https://pushpushgo.com/en/pages/pricing

Notification - a unit web push notification formulated by the Client, displayed on the Subscriber's terminal equipment,

Report - the Website functionality allowing the Client to monitor the course and effectiveness of the Campaign,

Regulations - these regulations,

Subscription Plan - means a Plan in terms of which the Customer pays in advance for a selected package containing a given number of available functionalities and may use the Account until the end of the Billing Period.

Registration - a declaration of will made by the Client through the Registration Form with regard to the conclusion of the Agreement

Website - the website available at https://app.pushpushgo.com through which the Service Provider concludes the Agreement with the Client,

Webpage - the Client's webpage with regard to which the Client carried out the Integration and through which Subscribers carry out the subscription,

Subscriber - a natural person, a legal person, or an unincorporated association granted legal capacity by separate provisions, carrying out the subscription on the Webpage,

User - a natural person whom the Client has granted the right to use the Service on his behalf and to the extent determined by the Client.

Contents - all and any contents, including information, photos, descriptions, and graphics, placed by the Client in the Account, constituting in a part the works within the meaning of Article 1 of the Copyright and Related Rights Act of 4 February 1994, trademarks and industrial designs,

Agreements - the agreement regarding the provision of Services by the Service Provider to the Client through the Website,

Services - the services provided by electronic means by the Service Provider to the Client through the Website, consisting in maintaining the Account for the Client and making available to the Client the Website functionalities, allowing in particular to conduct the Campaigns,

Fee - the fee due to the Service Provider from the Client under the Agreement

§ 3 General provisions

1. The Regulations have been prepared in Polish and in compliance with the provisions of the Polish law.

2. The Regulations and the attached template of the declaration on the withdrawal from the Agreement are available free of charge on the subpage of the Website defined in § 2 Section 16 hereof, in the manner allowing to obtain, save and replay, including in the HTML format, with the use of the ICT system used by the Client, and shall be provided to the Client in the pdf format together with the attached template of the declaration on the withdrawal from the agreement as an attachment to the Account Confirmation.

3. The Website shall provide tools allowing to conduct the Campaigns, to view Subscribers displaying the User's webpage, and to manage the Account and the User Profile.

4. The Client shall be obliged to provide true data for the purpose of using the Website.

5. The Service Provider shall provide the Services to Clients under the Agreement for a Fee.

6. The proper use of the Website requires fulfillment by the Client of the following minimum technical requirements: use of a PC, Mac, or similar equipment with an operating system (e.g. Linux, Mac OS, Windows or similar, or any other equipment allowing to gain access to and browse the Internet (mobile phone, palmtop, smartphone, tablet, etc.), access to the Internet, Internet browser (Internet Explorer 10 or higher, Mozilla Firefox 14.01 or higher, Google Chrome 10 or higher) (The requirements necessary for the configuration of the browser include service of HTML documents, acceptance of "Cookies" and activated service of javascript in the browser, active e-mail box).

7. The Service Provider shall bear no liability for any irregularities in the functioning of the Services as a result of non-fulfillment of the technical requirements by the Client.

8. The fulfilment of some of the technical requirements defined in Section 6 above may be connected with the necessity to incur charges, in particular for gaining access to the Internet. All and any costs connected with the fulfilment of the technical requirements shall be borne by the Client.

9. The Client may not perform the following activities, otherwise, the Agreement shall be terminated with the immediate effect:

• provide contents of illegal nature, including contents non-conforming with the principles of community life,

• provide contents that violate rights, including copyright and third party rights,

• provide contents that do not comply with the principles generally accepted on the Internet,

• provide contents encouraging hatred based on race, ethnic origin, religion, culture, and sexual orientation,

• provide content promoting pornography or violence,

• send spam within the meaning of Article 10 of the Act on Provision of Services by Electronic Means of 18 July 2002,

• use the Website in a manner hampering its functioning or in the manner that causes any disturbances to the Service Provider.

1. If the Service Provider receives an official notice or reliable information from any other Client or a third party of the nature of the data sent or stored on the Website, violating the provisions of Section 9 above or the activity connected with them, and violation of the provisions of the Regulations by the Client, the Service Provider shall immediately prevent the Client from access to the data or undertake actions aimed at remedying the breaches.

2. The Service Provider uses cryptographic protection of electronic transfer and digital contents by means of application of relevant logical, organizational and technical measures, in particular for the purpose of preventing any third parties from access to data, including by SSL coding, application of passwords, and anti-virus programmes or programmes protecting against unwanted software.

3. The Service Provider informs that despite its application of the securities set out in Section 10 above, the use of the Internet and the services provided by electronic means may pose a threat that harmful software may get to the Client's ICT system and equipment, or that third parties may gain access to the data stored in the equipment. For the purpose of minimization of the afore-mentioned threat, the Service Provider recommends that the Client should use anti-virus programs or measures protecting against identification on the Internet.

4. The Service Provider reserves a right to introduce service breaks as regards the functioning of the Website, up to 24 hours, of which Clients shall be notified through the Website.

5. Acceptance of the Regulations is voluntary, but in the event of non-acceptance of the Regulations by the Client, the Client shall not be authorized to use the Website.

§ 4 Agreement

1. The Client may carry out the Registration and use the Website on a 24/7 basis.

2. The Client may use the Website only through the Account..

3. In order to concluding the Agreement between the Service Provider and the Client, it is necessary for the User to fill in the Registration Form, to choose one of the Subscription Plans, to accept the Terms and Conditions and to activate the "Create Account" button under the Registration Form.

4. After activating the button referred to in paragraph 3 of this section, the Client will receive an activation link to the e-mail address provided in the Registration Form, which enables the activation and Confirmation of the Account.

5. From the moment of registration, i.e. from the date of activation of the "Create an account" button, a Contract is concluded between the Service Provider and the Client.

6. After activation of the Account, the Customer shall gain access to the Website, however, conducting of the Campaign shall be possible after completing by the Customer data for payment (invoice + card)

7. During the Test Period, Service Provider shall provide Services to Client free of charge. After the expiration of the Test Period, subject to subpara. 8 below, the Agreement shall expire and the Account shall be partially blocked by the Service Provider by preventing the Client from conducting the Campaign. To the remaining extent, Client shall have access to the Account.

8. At the time of account creation, Customer will be entitled to select one of the Subscription Plans. The Customer selects a Plan through the Account by activating the icon dedicated to that Plan located in the Payments tab and activating the "I choose a plan" button. Upon activation of the "I choose a plan" button the Agreement for the Paid Term is concluded between the Client and Service Provider for an indefinite period of time, starting from the date of activation of the "I choose a plan" button until the date of termination or expiration of the Agreement.

9. If Customer deletes payment card information during or after the Test Period, Customer will have access to the Account but will not be able to run the Campaign.

10. The Client shall pay the Fee in advance on a recurring basis on the commencement date of each subsequent Billing Period during the term of the Agreement.

11. If the Customer deletes the payment card data during the Billing Period, the Customer has access to the Account and the possibility of running the Campaign until the end of the Billing Period. The Service Provider will prevent the sending of the Campaign immediately after the end of the Billing Period in which the payment data was deleted.

12. Customer is entitled to change the Subscription Plan during the Test Period and the Billing Period..

13. In the event of a change in the Subscription Plan used by the Client, the Service Provider shall be obligated to enable the Service functionalities available in the selected Subscription Plan from the beginning of the next Billing Period, and the Client shall be charged the amount appropriate to the Subscription Plan on the first day of the next Billing Period

14. Each Party shall be entitled both during the Test Period and the Paid Period to terminate the Agreement with immediate effect.

15. When concluding the Agreement, the Customer provides a login and password, which will be used to access the resources of the Account. The password should consist of at least 8 characters.

16. The Customer is not entitled to share the login and password with a third party.

§ 5 Services

1. Under the Agreement the Service Provider shall provide to the Client, through the Website, for the Fee, subject to the provisions of § 4 item 6 of the Regulations, the following Services: conducting the Campaigns, identification of Subscribers, monitoring the effectiveness of the Campaigns in the form of the Report.

2. In order to conduct the Campaigns the Client shall be obliged to carry out the Integration after opening the Account.

3. The Client shall carry out the Integration by adding the Integration Code to the source code of the Webpage. The Client may remove the Integration Code from the source code of the Webpage at any time, in which event it shall be impossible to conduct the Campaigns. The integration process may be also undone with the use of the browser by means of activating the "Deactivate integration" button.

4. Notifications shall be edited by the Client. A single notification may consist of 30 characters, including spaces, as regards the notification title and 40 characters, including spaces, as regards the content of the Notification. In the content of the Notification the Client may also add a graphic file, which does not affect the number of characters that may be placed in the Notification.

5. For the purpose of identification of Subscribers the Client shall be obliged to add the Identification Code to the source code of the Webpage. The Client may, at any time, remove the Identification Code from the source code of the Webpage, but in such an event it will be impossible to identify Subscribers.

6. The Client may monitor the effectiveness of the Campaigns with the use of Reports. The Report contains information on the activity of Subscribers within the period of 24 hours of the mailing the Campaign.

7. Within the term of the Agreement the Client shall have access to the archival Reports in the "Campaigns" tab.

§ 6 The User's rights and obligations

1. The Client shall be obliged to use the Website in compliance with the Regulations.

2. In the event the Client uses the Website other than in compliance with the Regulations, in an illegal manner or in the manner that violates third party rights, the User shall cover the damage suffered by the Service Provider and third parties in connection with the said use by the Client of the Website, and all and any costs connected with pursuing by the Service Provider or any third parties of the said claims (including court costs, legal fees and fees due to experts).

3. In the event the Client uses the Website other than in compliance with the Regulations, in an illegal manner or in the manner that violates third party rights, the User shall appear before a competent court or authority at a request of the Service Provider or any third party.

4. The Client shall immediately notify the Service Provider of any issues connected with the functioning of the Website.

5. In the event of violation of the provisions of the Regulations or legal provisions in force by the Client, the Service Provider shall be entitled, at its own discretion, to:

• send a warning,

• terminate the Agreement with the immediate effect and delete the Account.

1. The Client declares that it holds economic copyright in the Contents or that it is authorised to use the Contents on any other legal basis, and that the Contents do not and will not violate third party rights in any manner whatsoever.

2. The Client shall bear all and any costs and liability connected with the use of the Contents.

§ 7 Wynagrodzenie i płatności

1. The Fee due to the Service Provider from the Client shall be expressed in the Polish currency (PLN), EUR and USD.

2. The Client not being a Consumer shall be obliged to pay the Fee defined in the Price List as the net Fee plus output VAT.

3. The Client being a Consumer shall be obliged to pay the Fee defined in the Price List as the gross Fee, which includes all required taxes.

4. The Client may pay the Fee only by means of on-line payments, served by Stripe Inc. with its registered office in 354 Oyster Point Blvd, South San Francisco, CA 94080, United States of America.

5. On-line payments made through Stripe shall be posted by the Service Provider in real time.

6. In the Subscription Plan, on the first day of the Billing Period, the Client shall be required to pay the Fee for the relevant Billing Period and the Service Provider shall make available to the Client the VAT invoice for the relevant Billing Period via the Account and send it to the e-mail address provided by the Client in the Registration Form. Until the time of payment of the Fee for a given Billing Period, the Client shall have access to the Account; however, the Client shall not be entitled to implement the Campaign.

7. Service Provider shall make three attempts to collect the due Fee by debiting Client's Payment Card. In the event of three unsuccessful collection attempts, the Client's Account shall be blocked.

8. Following the receipt of the payment of the Fee in compliance with Section 6 or 7, the Service Provider shall make the VAT invoice available to the Client, and in the case of Clients being consumers it shall make available the receipt, through the Account, and send it to the e-mail address provided by the Client in the Registration Form.

§ 8 Complaints

1. A complaint about the services provided by the Service Provider may be filed by the Client with the use of the Contact Data.

2. The complaint should contain a brief description of the situation and requests or suggestions of the Client.

3. The above requirements are only recommendations aimed at facilitating consideration of the complaint by the Service Provider. A failure to meet the above requirements by the Client shall not affect the date or the manner of considering the complaint.

4. The Service Provider shall consider the complaint within 14 Calendar Days of the receipt thereof. A failure to present a position on the complaint filed by the Client being a Consumer within the time limits indicated in the first sentence shall mean acceptance of the complaint by the Service Provider.

§ 9 Liability

1. The Service Provider shall be liable towards the Client not being a Consumer for any damage resulting from non-performance or undue performance of its obligations resulting from the Regulations, including the Agreement, only if the damage is caused through wilful misconduct of the Service Provider.

2. If the Service Provider's action or omission resulting in the damage constitutes non-performance or undue performance of any of the Service Provider's obligations resulting from the Regulations, including the Agreement, the Client not being a Consumer shall not be entitled to pursue a claim for remedy of the damage resulting from tort.

3. The provision of Section 2 above shall not apply to personal injury.

§ 10 Withdrawal

1. The Client being a Consumer who has concluded the Agreement may, under Article 27 of the Consumer's Rights Act of 30 May 2014, within 14 Calendar Days, withdraw from the Agreement without giving a cause and without incurring any costs, except the costs due to the Service Provider for the service performed by the time of the withdrawal, subject to Section 5.

2. In order to meet the time limit indicated in paragraph 1 of this section, it is sufficient to delete the payment card data via the Account.

3. The time limits set out in Section 1 hereof shall be counted from the date of the conclusion of the Agreement.

4. The Client being a Consumer may not withdraw from the Agreement, if the Service Provider has performed the Service in the whole, at an express consent of the Client, who was notified prior to the commencement of the service provision that after the completion of the service by the Service Provider it shall lose the right to withdraw from the Agreement.

5. The Service Provider shall not be obliged to refund payments made by the Client regardless of the extent to which the Client has used the functionalities of the Website in a given Billing Period.

6. If payment card details are deleted during the Billing Period, the Client is entitled to use the Service and run the Campaign until the last day of the started Billing Period.

§ 11 Personal data

1. The data controller with regard to the Users’ personal data is the Service Provider.

2. The personal data of our customers is processed in accordance with generally applicable legal standards, in particular the Regulation of the European Parliament and the Council of April 27, 2016 regarding the protection of individuals with regard to the processing of personal data and the free flow of such data along with the repeal of Directive 95/46 / EC (general data protection regulation - GDPR), in particular the act on the protection of personal data and on the provision of electronic services.

3. Detailed information about the processing of Clients' personal data and the use by the Website of cookies is contained in the privacy policy, available on the subpage of the Website at https://pushpushgo.com/en/pages/privacy/

§ 12 Out-of-court procedure for considering complaints and pursuing claims and principles of access to the procedures

1. If the Service Provider does not accept the complaint filed by the Client, and the Client does not agree with the Service Provider's position, the Client shall be entitled to subject the dispute to determination by an arbitration tribunal or may request the arbitration tribunal to proceed to mediation or to initiate the arbitration proceedings.

2. Information on the access to the procedures indicated in Section 1 hereof is available on the subpage of the Office of Competition and Consumer Protection at https://uokik.gov.pl/spory_konsumenckie.php and on the websites of Regional Consumer Ombudsmen, Regional Trade Inspectorates and social organizations whose objects include protection of consumers' rights. The Client being a Consumer may also use the online dispute resolution platform (ODR) available at http://ec.europa.eu/consumers/odr/.

3. In the event that the out-of-court procedure for considering complaints does not result in settlement of the dispute between the Service Provider and the Client, the dispute shall be subject to determination by a court of local and material jurisdiction.

4. Disputes arising in connection with the conclusion or performance of the Agreement or the Service Agreement between the Service Provider and the User not being a Consumer shall be subject to determination by a court for the registered office of the Service Provider.

§ 13 Final provisions

1. In the event of any conflict of the Regulations with the Consumers' rights resulting from generally applicable legal provisions, the illegal provisions of the Regulations shall not bind the Consumer and the Service Provider shall undertake actions or omissions in compliance with legal standards.

2. The Service Provider may modify the Regulations for important reasons.

3. Clients shall be notified of the modification of the Regulations by e-mail sent to the e-mail address indicated in the Registration Form 14 days prior to the effective date of the modified Regulations.

4. The Client may accept or refuse to accept the modified Regulations. In the event of non-acceptance of the modified Regulations, the User shall terminate the Agreement with immediate effect.

5. To matters not provided for herein the generally applicable legal provisions of the Polish law shall apply, in particular the provisions of the Polish Civil Code and the Consumers' Rights Act.