Terms of service | AleAsystent

#1. Preliminary Provisions

These Terms and Conditions define the general conditions, rules, and the manner of providing Services electronically by WebWave sp. z o.o., KRS 0000851194, REGON 386580113, NIP 5272931749, ul. Postępu 14, 02-676 Warsaw (Mazowieckie), hereinafter referred to as "AleAsystent".
By creating a User Account, the User declares that they have read the provisions of these Terms and Conditions, accept them, and agree to comply with them, as well as that they consent to the immediate provision of the Service to them, upon fulfilling the conditions specified in the Terms and Conditions.

#2. Definitions

Unless otherwise stated in the Terms and Conditions, the following capitalized terms shall have the following meanings:

Avatar - refers to an electronic file created by the User in connection with using the Service, which constitutes, in particular, a photo, graphic, or image.
Price List - refers to the price list specifying the current amounts payable for the Services provided by AleAsystent based on these Terms and Conditions, published on the website.
Password - refers to a string of alphabetic, numeric, or other characters selected by the User during Registration, used to secure access to the User Account.
AleAsystent - refers to WebWave sp. z o.o., KRS 0000851194, REGON 386580113, NIP 5272931749, ul. Postępu 14, 02-676 Warsaw (Mazowieckie).
User Account - refers to an individual panel for each User, activated for them on the website by AleAsystent after they have registered.
Subscription Period - refers to the period during which the Service is made available to the User by AleAsystent, in accordance with the order placed by the User, based on the concluded service agreement.
Trial Period - refers to the period during which a specific Service is provided to the User free of charge by AleAsystent, in order to test it. The length of the Trial Period is determined by AleAsystent and is included in the description of the specific Service published on the website.
Terms and Conditions - refers to these Terms and Conditions.
Registration - refers to the set of factual activities specified in the Terms and Conditions, necessary to establish a User Account, order a Service, and use it by the User.
Website - refers to the website operated by AleAsystent at: www.AleAsystent.pl.
Force Majeure - refers to an external event that is unpredictable and unavoidable despite due diligence, particularly: catastrophic natural phenomena, acts of legislative and executive power, as well as strikes, riots, and military actions conducted on the territory of the Republic of Poland.
User - refers to a natural person, legal person, or organizational unit without legal personality, granted legal capacity by law, conducting business or professional activities in their own name.
Service - refers to a service provided based on these Terms and Conditions by AleAsystent electronically through the website.
Dedicated Service - refers to a Service provided on individually negotiated terms with an individually determined scope of available functions.

#3. Registration

AleAsystent provides Services solely to those Users who have registered and have a User Account and have ordered the Service in accordance with the provisions of the Terms and Conditions.
Registration takes place as follows:
1. The User fills in the registration form made available by AleAsystent for the specific Service on the website;
2. The User submits the completed registration form electronically to AleAsystent by selecting the appropriate function found in the registration form;
3. AleAsystent immediately sends an electronic confirmation to the address provided by the User in the registration form, confirming the creation of the User Account;
4. In order to activate the User Account, the User is obliged to click the link provided by AleAsystent in the notification sent regarding the creation of the User Account;
5. Registration occurs at the moment the User activates their User Account, which happens by the User clicking the link mentioned above.
When filling out the registration form, the User is obliged to adhere to the following rules:
1. The User should fill in all fields of the registration form marked as mandatory;
2. All data provided by the User in the registration form should pertain to the User and be true and complete;
3. The User establishes a Password that will secure access to the User Account;
4. The User should read the Terms and Conditions and the Privacy Policy.
Submitting the completed registration form to AleAsystent is equivalent to:
1. Acknowledging and accepting these Terms and Conditions by the User;
2. The User's commitment to comply with the provisions of the Terms and Conditions;
3. The User's consent to receive electronic invoices for the Services provided by AleAsystent to the User, in accordance with their order.
The User is obliged to promptly inform AleAsystent of any changes to their data provided during Registration.
The User is obliged to take all necessary measures to maintain confidentiality and not to disclose the Password to third parties. In the event of circumstances indicating suspicion that the Password has come into the possession of an unauthorized person, the User is obliged to immediately inform AleAsystent of this fact using available means of communication.
The User Account shall be deleted in the following cases:
1. At the request of the User who has registered and does not use any Service;
2. In other cases specified in the Terms and Conditions, particularly in the event of violations of the provisions of the Terms and Conditions by the User.
The User Account will be deleted by AleAsystent within 14 calendar days of the occurrence of the event referred to in paragraph 7 above.

#4. Type and Scope of Services, Ordering Services and Payment Conditions

These Terms and Conditions apply to services provided by AleAsystent electronically to Users of the following Services:
1. difficult client – a module warning about potentially troublesome customers
2. question autoresponder – automatic responses to questions from Allegro customers
3. discussion autoresponder – automatic responses to discussions from Allegro customers
4. set editor – creating sales sets
5. maintenance fee avoider – allows for waiving the maintenance fee for ineffective auctions
A detailed description of the Services and their scope is available on the website.
The prices of the Services are specified in the Price List. Prices provided in the Price List are [net prices expressed in Polish zloty, subject to VAT tax / gross prices expressed in Polish zloty]. The parties are bound by the price specified in the Price List valid and published on the website on the date of the User's order for the Service, in the manner indicated in these Terms and Conditions. Subsequent changes to the Price List do not affect the price applicable at the time of conclusion of the service agreement.
Prices for dedicated Services are negotiated individually and depend on arrangements with the User.
The manner of providing Services electronically by AleAsystent is governed by these Terms and Conditions, unless the User has entered into a written agreement with AleAsystent for the provision of dedicated services during individually conducted negotiations.
AleAsystent provides Services electronically 24 (twenty-four) hours a day, 7 (seven) days a week, to Users who have ordered a Service.
In order to order a Service, the User, after Registration, should use the functionalities available through the User Account to fill out the Service order form, in accordance with the parameters available for each Service.
When specifying the parameters of the Service mentioned in paragraph 7 above, the User receives a summary information regarding the price of the selected Service, its duration, and information about the scope of the Service.
The User places an order for the Service by selecting the appropriate function found under the order form or by creating an account (registration). Subsequently, AleAsystent sends an electronic confirmation to the email address provided by the User during Registration, confirming the conclusion of the agreement for the electronic provision of the Service.
If a Trial Period has been planned for the specific Service, the User who ordered this Service in accordance with the provisions of these Terms and Conditions has the right to use the Service free of charge during the Trial Period in the variant they selected. During the Trial Period or after its expiration, the User may only extend the Service for a fee, by paying for it as per the order placed for the Service by the User, in accordance with the above provisions. If the User does not extend the Service, they will not have access to it after the expiration of the Trial Period. Each User may only use the free Trial Period for a given Service once.
The activation of the Service after the expiration of the Trial Period, and if a Trial Period has not been scheduled for the given Service – after the User places an order for the Service and after the User receives confirmation of the conclusion of the agreement for the electronic provision of the Service from AleAsystent, will take place upon receipt by AleAsystent of confirmation of positive completion of the User's first payment, according to the payment conditions selected by the User, which the User is informed about by AleAsystent.
AleAsystent sends the User who has purchased the Service electronic invoices documenting such purchase to the email address provided by them during Registration.
You can pay the remuneration as well as other fees and amounts due to AleAsystent:

a) by bank transfer to the AleAsystent account indicated on the invoice or provided by AleAsystent in the Order or Order confirmation;

b) by charging your payment card, the details of which you provide to us in your Account;

c) by recurring charges to your payment card; or

d) in any other way available in your Account or indicated on our website.
If the payment is made using a payment card, you must provide us with all required details to carry out the transaction. The provided payment card must allow for online payments and must be valid, issued for you, and must not be blocked or restricted. You must ensure there are sufficient funds in the account to which the card was issued to cover the payment. You must promptly inform us of any restriction, change, or cessation of validity of the provided card.
If you select recurring charging of your payment card as the payment method for Services or Additional Services (the so-called subscription payment model), the specified payment card will be charged periodically with the amount for the Service or Additional Services specified in the Order, during the periods you selected, on the day you purchased the Service or Additional Services (e.g., if you chose a monthly billing period and purchased a Service or Additional Service on November 3, the card will be charged on December 3, and then on the 3rd day of each month). All payment transactions are processed by the PayU payment service, which is an authorized entity to provide such services and holds the appropriate authorizations from the relevant supervisory authority.
As a result of selecting the subscription payment model, we will link your Account with a string identifying the payment card, which will enable subsequent payment transactions in the future. The payment card is identified based on a unique number (so-called token) and a string of characters sent by the payment service. This information is sent to the payment service, and based on it, the payment transactions made with your payment card are authorized. AleAsystent does not store any data regarding the payment cards used for payments.
After selecting the subscription payment model, you will receive a confirmation of the subscription terms at the email address you provided. You can withdraw from this payment model for Services or Additional Services at any time by submitting a resignation from your Account or by writing to the email address: kontakt@AleAsystent.pl.

#5. Technical Requirements and Service Availability

To properly provide Services through the website, it is necessary for the User's Device to be connected to the Internet and for the User to have installed any version of an internet browser on the Device.
The User acknowledges that after uploading photos, graphics, images, and texts to the IT tools provided by AleAsystent within the given Service, their formats may be adjusted by AleAsystent to meet the requirements of the website, which may affect the quality of the file or other properties.
In order to ensure the provision of the Service at the highest level, AleAsystent reserves the right to improve the technical parameters of the provided Service and its functionality or to update the software used in the provision of the Service to a newer version. AleAsystent will inform Users registered on the website about the above improvements or updates.
AleAsystent has the right to introduce a planned technical break in the functioning of the Service, for a period not exceeding 48 hours, conducted during periods of least load, related to the maintenance and servicing of the website. AleAsystent will inform Users registered on the website in advance about the planned technical break.

#6. Intellectual Property Rights

The Services and software used in connection with their provision, as well as content, appearance, functional layout, and graphic elements of the website are subject to protection under copyright and/or other rights (under Polish and international law), belonging to AleAsystent or its providers.
AleAsystent retains exclusive rights to the website and all its elements, including the software, graphic design of marks and signs, videos, and audio recordings placed on the website.
AleAsystent grants Users a personal, non-exclusive, and non-transferable license to use the materials referred to in paragraph 2 above, without the right to further sublicense.
AleAsystent does not, under any circumstances, transfer any intellectual property rights to the User regarding the website, its parts, or components referred to in paragraph 2 above. Audio or video recordings provided to the User via the website may only be played within the website and may not be altered, modified, or copied by the User in any way.
It is prohibited to copy, modify, or electronically transmit, or in any other form and in any way, any elements of the website in whole or in part without the prior written consent of AleAsystent, except in cases specified in universally applicable laws.

#7. Rules for Using the Website and Services

The User is obliged to use the website and the provided Services in accordance with their intended purpose, and additionally in a manner that does not violate universally applicable laws or the rights and goods of AleAsystent or third parties or good manners.
The User bears full responsibility for the content they introduce through the website or applications and tools provided by AleAsystent within the provided Services, as well as for damages arising from the User's behavior inconsistent with the rules resulting from these Terms and Conditions. It is prohibited for Users to provide unlawful content.
The use of the website and Services is at the User's own risk, and AleAsystent gives no guarantees and assumes no liability for any consequences of the User's use of the website or Services.
The User is not entitled to:
1. Use any equipment or software that may damage or disrupt the proper functioning of the website or the applications and IT tools provided by AleAsystent in connection with the provision of Services;
2. Use any equipment or software that enables intercepting any systems, data, or information from the website;
3. Undertake any actions that could unduly or disproportionately burden the internet network or any other service infrastructure of AleAsystent.
AleAsystent has the right to refuse the User access to the website or Services, terminate the service agreement with the User, block or remove the User Account, remove or change that User's Avatar in cases where AleAsystent obtains credible information that the User is using the website or Services unlawfully or inconsistently with good manners, or otherwise violates the provisions of these Terms and Conditions or acts to the detriment of AleAsystent or other Users. AleAsystent will notify the User electronically at the address provided by the User in the registration form of the intention to take the actions mentioned above.
Blocking access to the User Account or Services for reasons listed in paragraph 5 above lasts for the time necessary to resolve the issue that constituted the basis for blocking access to the User Account or Services. AleAsystent will notify the User electronically at the address provided by the User in the registration form of the intention to block access to the User Account or Services.

#8. Liability

AleAsystent is obliged to provide the Services with due diligence in accordance with these Terms and Conditions.
AleAsystent is liable to the User in connection with the operation of the website or the Service provided to them only in the case of intentional harm.
In particular, AleAsystent is not liable for non-performance or improper performance of the Service, particularly if it is due to:
1. Occurrence of Force Majeure or other circumstances for which AleAsystent is not liable under universally applicable laws;
2. Causes attributable to third parties through whom the Service is provided;
3. Improper use by the User of the website or Service;
4. Use by the User of the website or Service in a manner inconsistent with these Terms and Conditions or applicable laws;
5. Utilization of the User's Password by third parties if those parties gained possession of it with the User's consent or as a result of insufficient security of the Password by the User against unauthorized persons.
In no event shall AleAsystent's liability include lost profits, and furthermore, AleAsystent's liability is limited to the amount paid by the User for the Service provided to them, in connection with which the damage occurred.

#9. Termination of the Service Agreement

Subject to the principles indicated below, either Party may terminate the service agreement electronically at any time and without giving reasons, with a 30-day notice period unless the individual agreement of the Dedicated Service states otherwise.
In the case of the User terminating the service agreement before the expiration of the paid Subscription Period, AleAsystent will not refund the User for the remaining unused Subscription Period.
In the case of AleAsystent terminating the service agreement with the User before the expiration of the paid Subscription Period, AleAsystent will refund the User for the Service in an amount proportional to the remaining unused and paid Subscription Period, calculated from the expiration of the notice period of the service agreement to the day until which the paid Subscription Period should have been valid.
The User terminates the service agreement by sending a relevant declaration of will to AleAsystent via email, with the termination taking effect after the expiration of the notice period of 30 calendar days.
AleAsystent terminates the service agreement by sending a relevant declaration of will to the User at the email address provided by the User during Registration, with the termination taking effect after the expiration of the notice period of 30 calendar days.
AleAsystent has the right to terminate the service agreement with the User without notice in the event of the User delaying payments for the Service for more than 30 calendar days, due to the User's breach of the Terms and Conditions, and in other cases provided for in the Terms and Conditions.

#10. Complaint Procedure

Complaints related to the operation of the website, the provision of Services, and questions regarding the use of the website should be submitted to the email address kontakt@AleAsystent.pl. The complaint submission should contain identification data of the complainant (first name, surname, address) and justification for the complaint.
AleAsystent will consider the complaint within 14 calendar days from the date of its receipt and will promptly inform the User via email about how it was resolved. In case the information provided in the complaint requires supplementation, the time for considering the complaint may be extended.
The User does not have the right to appeal against the content of the response to the complaint.

#11. Final Provisions

The processing of personal data by AleAsystent is carried out on the principles expressed in the Privacy Policy.
The Terms and Conditions serve as the general terms of contracts in the sense of the Civil Code. The application of any general terms of contracts or commercial regulations of the User is excluded.
The Terms and Conditions may be amended by AleAsystent at any time, without the prior consent of the User. Information about the change in the Terms and Conditions will be communicated to Users at the email address indicated during registration. The changes referred to in the previous sentence will be binding on the User from the date specified by AleAsystent, which cannot occur sooner than 14 days from the date of informing AleAsystent of these changes. The User has the right to terminate the service agreement within 14 days from the date of receiving information about changes in the Terms and Conditions. If within the time specified in the previous sentence, the User does not terminate the service agreement, and in case they are not using the Services at that moment – does not delete the account, it will be deemed as acceptance of the changes in the Terms and Conditions and the service agreement. In the case of a termination of the Agreement due to changes in the Terms and Conditions, the Services will be rendered based on the previous wording of the Terms and Conditions until the end of the current subscription period. Subsequent orders may only be placed based on the amended wording of the Terms and Conditions.
The User may not transfer rights and obligations arising from the Agreement to a third party without the prior written consent of AleAsystent.
AleAsystent may transfer all rights and obligations to other entities at its discretion, which the User consents to, and regarding this, is obliged to inform the User in a manner appropriate for the change of the Terms and Conditions. The provisions of paragraph 3 apply accordingly.
If any provision of the Terms and Conditions is declared invalid by a binding court ruling, the remaining provisions of the Terms and Conditions remain in effect. The User and AleAsystent will primarily attempt to resolve disputes amicably; however, if an agreement cannot be reached, the dispute will be subject to resolution by the competent court.
In matters not regulated by the Terms and Conditions, universally applicable provisions of Polish law apply.

#12. Complaints

Complaints regarding the provision of Services by AleAsystent should be submitted to the email address: kontakt@AleAsystent.pl. In the subject of the message, please state "Complaint."
A complaint should include:
1. Identification data of the User, particularly: name, surname or company name, address, contact phone number, email address;
2. Indication of the Service to which the complaint pertains;
3. A detailed description and reason for the complaint;
4. Indication of the request.
The complaint will be addressed no later than 14 calendar days (in words: fourteen) from its receipt by AleAsystent. Within this period, AleAsystent will inform the User submitting the complaint about the manner of its resolution. This information will be sent to the email address provided according to point 2 of this paragraph.
A condition for making any claims against AleAsystent by the User is the exhaustion of the complaint procedure.
In the case of Dedicated Agreements, the response time for complaints and their removal is specified in the relevant annex to the agreement.

#13. Final Provisions

The content of these Terms and Conditions may change. Users will be informed of any change in the content of the Terms and Conditions by placing a message on the homepage of the website by AleAsystent, in the News tab, regarding the change in the Terms and Conditions and its scope. AleAsystent will ensure the publication of the above message on the website for at least 14 consecutive calendar days from the first display moment, and will additionally inform Users with User Accounts about the change in the content of the Terms and Conditions by sending the relevant information to the email address provided by the User during Registration.
Any disputes arising in connection with these Terms and Conditions or the concluded service agreement will be attempted to be resolved amicably by the Parties. If necessary to take the dispute to court, the competent court for all matters related to the application of these Terms and Conditions or the concluded service agreement will be the court competent regarding AleAsystent's registered office.
The law applicable for resolving any disputes arising from these Terms and Conditions or the concluded service agreement is Polish law.
These Terms and Conditions come into effect on December 7, 2021.