PL

Definitions

Service Regulations – this document, together with all amendments, links and attachments thereto, which – coupled with the Privacy Policy available here – constitute the Terms of Service.  

Service Provider – the company C&F S.A. with its registered office in Warsaw, at 50 Domaniewska Street, postal code 02-672, registered by the WARSAW CITY REGISTRAR’S COURT IN WARSAW, XIII ECONOMIC DEPARTMENT OF THE NATIONAL REGISTER, under the KRS number 0000876957, NIP 5213512353, REGON 141677176. 

Client – the entrepreneur ordering the performance of the Service from the Service Provider, who is a party to this agreement. 

Service – the granting to the Client, and subsequent provision, of access to the Application made available by the Service Provider, in accordance with the terms and conditions of the Service Regulations. 

Application – software made available to the Client by the Service Provider, whose purpose is analyzing the results of marketing campaigns conducted by the Client on Advertising Platforms, accessible by the Client through a web browser after logging in with a login and password, which enables the provision of the Service. 

User – a natural person authorized by the Client to use the Service on its behalf. The User acts on behalf of the Client, and their acts and omissions shall be treated as acts and omissions of the Client. 

Website – the area available on the Internet in the domain channelpulse.io, where the Application made available as part of the provision of the Service is located. 

Account – a separate area within the Website, access to which is only possible after providing correct authorization information, that is the login (User’s name or email address) and password, known only to the User and Client, set by the User.  The Account stores the information necessary to authorize access, data enabling billing and payment, and business data necessary for, or arising from, the use of the Service. 

Registration – the process of creating an Account by the User, consisting of providing authorization information (account name, email address, access password) and additional information necessary for the proper functioning of the Service, as specified in the registration form.  

Agreement – agreement for the provision of services by electronic means, concluded between the Client and the Service Provider, under the conditions described in the Regulations and in the laws of the Republic of Poland, in particular: the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204) and the Act of April 23, 1964 Civil Code (Journal of Laws 2023, items 1610, 1615, 1890, 1933). 

Advertising Platform – any third-party website and software through which the Client can reach its potential customers with its advertisements as part of marketing campaigns. The Client must have its own account on the advertising platform, to which it has access, and which it can also grant to other entities that support it in planning, executing, analyzing results and building an advertising strategy in electronic media.  

Advertising Account – the account on an Advertising Platform thanks to which the Client has access to functions related to publishing advertisements, managing and implementing advertising campaigns, and analyzing their results. The Client may have more than one account on any Advertising Platform. The Client must be able to provide third parties with access rights to the account by providing authorization information (access tokens) or granting access through an API (application programming interface) to applications belonging to third parties. 

Integration – granting to the Application by the Client access to the Advertising Account for the purpose of the Application retrieving data related to the results of marketing campaigns run on that Advertising Account. The Integration process may vary depending on the Advertising Platform on which the Advertising Account resides. Integration shall take place with support from representatives of the Service Provider and in accordance with instructions created and provided by the Service Provider. 

  

Technical Conditions

  1. In order for the Client to be able to utilize the Service, the Users must meet the following technical conditions:
         a. the User must be able to access the Internet;
         b. the User must be using a device connected to the Internet, and with an Internet browser installed which allows them to use resources on the Internet;
         c. the Internet browser must support the use of HTML, Cookies, Java Script, and the https protocol;
         d. the User has and can access a properly configured and working email account. 

Description of the Service

  1. The Service consists in the provision by the Service Provider to the Client of the Application which can be launched by the User using a web browser, in an environment provided by the Service Provider. 
  2. Analyzing results of the Client’s marketing campaigns is possible after completing Integration, which allows the Application to automatically periodically retrieve data for analysis from the relevant Advertising Account. 
  3. The Service Provider shall use the information made available by the Client, referred to in subsection 2 above, solely for the purposes of providing the Service to the Client. 
  4. The analysis made by the Application consists in applying a variety of visualization methods (tables, charts and other ways of displaying data and relationships between sets of data) to facilitate decision making with relation to strategies and tactics of marketing and advertising communications. 

 Terms of Service

  1. The User must act in accordance with the Service Regulations. 
  2. The Client shall be held responsible for its Users’ actions and omissions. 
  3. The User shall not allow access to their authorization information (login and password to their Account) to any third party, with the exception of those parties previously expressly authorized by the Client. 
  4. The User shall be held responsible for the actions and omissions of any third party they allowed access to their Account.  
  5. The User shall not perform any harmful activities, including in particular:
         a. attempting to access any other User’s Account without authorization,
         b. attempting to disrupt any other User’s access by purposefully generating excessive load on networking devices or computers, using DOS, DDOS, DNS Spoofing attacks or any activities
    of     similar character and results; 
         c. unauthorized scanning of the Service Provider’s networks in search of vulnerabilities or security gaps;
         d. unauthorized monitoring of networks in order to capture data not addressed to this particular User;
         e. modifying information sent out from the User’s device in order to wrongly identify the User, or cause the Application to perform in an unauthorized manner, or disrupt the
    performance of the Application;
         f. performing any technical activity which may cause harm to other Users or the Service Provider;
         g. performing any activity which is illegal or encroaches upon the rights of the Service Provider or other Users, in particular sending out or storing content that is illegal or violates the
    rights of third parties    . 
  6. The Service Provider reserves the right to take immediate action to block the User’s access to the Service in case it has a reasonable suspicion that the User has taken or has attempted to take the actions indicated in subsection 5 above. 
  7. Service Provider reserves the right to terminate the Agreement with immediate effect if the suspicions referred to in subsection 6 above are found to be true. 
  8. The Client agrees to provide the Service Provider with the Users’ feedback and its own feedback on the Service, in particular on the usability, usefulness, quality, problems with use, missing or malfunctioning features of the Application, as well as information on its needs. 
  9. The Service Provider shall treat as confidential any and all information made available to it by the Client, the results of analyzing the aforementioned information, as well as information on the Client’s needs, and its feedback about the Service.   

Conclusion and Termination of the Agreement

  1. The Service shall be available solely to the Clients selected by the Service Provider who have concluded the Agreement with the Service Provider by agreeing in writing to use the Service for testing purposes and to abide by the Service Regulations.  
  2. The Agreement is concluded for a period of 3 months. The Service Provider and the Client may jointly decide to extend the duration of the Agreement. 
  3. The Service shall be available solely to Users who successfully completed their Registration. 
  4. A necessary condition for the successful completion of Registration is accepting the terms of these Service Regulations. 
  5. A necessary condition for the use of the Service is successfully completing its integration with at least one Advertising Account. 
  6. Due to the Application being still in development, the Client and its Users shall treat as confidential any and all information about the Service they obtain while the Agreement is in effect, unless its disclosure has been agreed to by the Service Provider. 
  7. The Agreement may be terminated by the Client at any time prior to the expiration of the period referred to in subsection 2 above. 
  8. Upon expiration or termination of the Agreement, all Accounts shall be deactivated. The Service Provider shall, without undue delay, delete from the Application and stop updating any and all information related to the provision of the Service to the Client, in particular all contact information and data retrieved from Advertising Accounts. 
  9. Upon expiration or termination of the Agreement, the User shall, without undue delay, be informed by the Service Provider how they can themselves stop the Application from retrieving data from Advertising Accounts. 

Payments

The Service is provided free of charge. 

 Copyrights

  1. Property copyrights for the Application and all elements of the website are the exclusive property of the Service Provider or entities from which the Service Provider has obtained the appropriate license. This applies to both graphics and video elements, as well as the functionality of the Application. 
  2. The Client and its Users shall not use the Application or any elements of its website, such as content, graphics, videos or functionalities for any purposes other than those directly related to the Client’s business activity.  
  3. The use by the Client or its Users of any elements referred to in subsection 2 above for marketing purposes is allowed on condition that their source is clearly indicated. 
  4. Violation of the conditions set out in subsections 2 and 3 above, or any unauthorized use of the Application or the elements of its website referred to in subsection 2, shall constitute an infringement of the copyright of the Service Provider or third parties. 

Liability

  1. The Service Provider shall not be held liable for the consequences of temporary unavailability of the Service. 
  2. In no event shall the Service Provider or its contractors be liable for any direct or consequential damages incurred by the Client, lost or compromised data, lost profits or revenues, caused by interruption of the Service, failure of the equipment used to provide the Service, or malfunctioning of the Application. 
  3. The Application and the Service are intended solely to support the Client in independently achieving its business goals and objectives by providing auxiliary IT tools. The Client is required to verify the results and outputs provided by the Application and their suitability for the Client’s goals and objectives on its own before using them in its business. The Service Provider shall not be liable for any damages incurred by the Client as a result of decisions made by the Client based on the analyses performed by the Application as part of the Service.  

Final Provisions

  1. This document is available on the website https://www.channelpulse.io/. 
  2. The Service Provider reserves the right to amend these Service Regulations at any time. Amendments become effective on the date of publication of the new version of these Service Regulations at the Internet address indicated in subsection 1 above. 
  3. The Service Provider shall notify the Client and Users of changes to these Service Regulations by sending relevant information to the email address indicated in the Agreement or during Registration, with a reasonable advance notice of no less than 14 days. The Client shall have the right to inform the Service Provider of their failure to accept the changes to the Service Regulations within 14 days of the receipt of this information, and to terminate the Agreement. 
  4. These Service Regulations have been drawn up in the Polish language. If they are translated into languages other than Polish, disputes regarding interpretation or meaning will be resolved in accordance with the rules of the Polish language. Only the version in Polish shall be considered binding.