Terms of Service for SocialCAPI.com
§ 1
General Provisions
These Terms of Service are directed to users using the socialCAPI.com website.
The Terms of Service define the rules for using services and tools offered by the Administrator and refer to all relationships between the Administrator and the User.
The Administrator is PIOTR LITWA WEB ANALYST SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Gliwice, ul. Plebiscytowa 1 / 121, 44-100 Gliwice, KRS: 0001002753, NIP: 6312709007, REGON: 52369233200000, e-mail: kontakt@piotrlitwa.pl, phone no.: 514 238 897.
§ 2
Definitions
User – a natural person of legal age with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal entity; a natural person conducting business activity; an organizational unit without legal personality to which the law grants legal capacity; who has concluded or intends to conclude an agreement with the Administrator.
Consumer – a natural person concluding an agreement with the Seller not directly related to their business or professional activity.
Entrepreneur with consumer rights – a natural person conducting business activity making a legal transaction – purchase – with an entrepreneur that is not directly related to their business or professional activity.
Website – a service allowing the purchase of access to tools or services offered by the Seller electronically, available at the internet address: FraudScanner.eu.
Product – an electronic product available in the Online Store that is the subject of the Sales Agreement between the User and the Administrator.
Sales agreement – a Product sales agreement concluded or to be concluded between the User and the Administrator through the Website.
Order – a declaration of will by the Client made using an order form and directly aimed at concluding a Sales Agreement for goods with the Seller.
§ 3
Electronic service provision
Through the Website, the Administrator provides electronic services to the User.
The basic service provided electronically to the User by the Administrator is enabling the User to place an order on the Website, leading to the conclusion of an agreement with the Seller.
The User is obliged to:
use the Website in accordance with the law and good customs, with respect for personal rights and copyright and intellectual property of the Administrator and third parties,
enter data consistent with the actual state of affairs.
The User is prohibited from providing unlawful content.
§ 4
Social CAPI
Fraud Scanner is a tool enabling protection of advertising budget funds from malicious activities and unfair practices.
Access to the tool is possible only for registered Users. To create an Account, the User enters data: first name, last name, e-mail and sets an access password.
The User purchases access to the Fraud Scanner tool in the form of a subscription with a monthly billing period.
§ 5
Terms for concluding sales agreements
To use the Website, it is not necessary for the Client’s computer or other device to meet special technical conditions. The following are sufficient:
Internet access,
Standard operating system,
Standard web browser.
The conclusion of a Sales Agreement between the User and the Administrator takes place after the Client has previously made a declaration of will to purchase access to the tool.
To use the tool, the User selects a given offer, Product package. Placing an Order takes place after the Client has completed two consecutive steps:
filling out the Order Form providing:
- first and last name, company name (optional),
- NIP number (in case the User is not a Consumer),
- address (street, house/apartment number, postal code, city, country),
- e-mail address.
Additionally, the Client must:
indicate the form of payment from those indicated in the selection list.
check the “Buy and pay” field in the Order – until this moment there is a possibility of independent modification of the entered data (for this purpose, follow the displayed messages and information available on the Website).
The User cannot make a purchase anonymously or under a pseudonym. In the Order, the User must provide true personal data. The User is responsible for providing false personal data.
The Administrator reserves the right to suspend order fulfillment in a situation where the User has provided false data or when such data raises justified doubts of the User as to their correctness. In such a case, the User will be informed via e-mail about the Administrator’s doubts. In such a situation, the User has the right to clarify all circumstances related to verifying the truthfulness of the provided data. In case of lack of data allowing the Administrator to contact the User, the Administrator will provide all explanations after contact is made by the User.
The Product price displayed on the Website is given in Polish zloty and includes taxes. The User is informed about the total price including taxes of the goods that are the subject of the Order and all other fees during the order placement, including at the moment when the User expresses their will to be bound by the Sales Agreement.
Due to the fact that the Product is an electronic product, access to it is granted immediately after payment is credited to the Administrator’s account.
Access to the tool is provided on a subscription basis – in monthly billing cycles. Payment is automatically collected every month until the User resigns from access to the tool.
The procedure for concluding a Sales Agreement on the Website using an Order proceeds as follows:
The conclusion of a Sales Agreement between the User and the Administrator takes place after the User has previously placed an Order on the Website in accordance with the provisions of these Terms of Service.
After placing an Order, the Administrator immediately confirms its receipt and simultaneously, after receiving payment, accepts the Order for fulfillment. Confirmation of Order receipt and its acceptance for fulfillment takes place by sending the User an appropriate e-mail message to the address provided during order placement, which contains at least the Administrator’s declarations about receiving the Order and accepting it for fulfillment, and confirmation of concluding the Sales Agreement. Upon receipt by the User of the above e-mail message, the Sales Agreement is concluded.
Recording, securing and making available to the User the content of the concluded Sales Agreement takes place through
making these Terms of Service available on the Website,
sending the User an e-mail message.
The content of the Sales Agreement is additionally recorded and secured in the Administrator’s Website information system.
§ 6
Withdrawal from contract and complaints
The Product that is the subject of the Sales agreement constitutes an exception to the right of withdrawal from a distance contract based on Article 38 section 1 point 13 of the Consumer Rights Act of May 30, 2014. The User confirms that they are aware that they do not have the right to withdraw within 14 days by familiarizing themselves with these terms of service and confirming this state of affairs by checking an additional check-box appearing on the Website before finalizing payment.
Complaints related to the Product or the provision of Sales Service and Electronic Services may be submitted by the User, for example:
in writing to the address: socialCAPI ul. plebiscytowa 1/121 44-100 Gliwice
electronically to the address: kontakt@socialcapi.com.
In the complaint description, the User should provide:
information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities;
User’s demands,
contact details of the person submitting the complaint.
The Administrator’s response to the complaint takes place immediately, no later than within 14 calendar days from the date of its submission.
If the goods are non-compliant with the contract, the User is additionally entitled to rights such as demanding a reduction in the Product price and refund of part of the paid funds.
The provisions contained in this paragraph also apply to Entrepreneurs with consumer rights, if provided for by separate provisions of Polish law.
§ 7
Payment methods and terms
The User is obliged to make payment immediately after accepting the final order, after selecting the “Buy and pay” option.
In case of choosing electronic payment, the Online Store redirects the User to the Stripe payment system, whose operator is Stripe Inc, [entity data].
The Administrator sends the User a VAT invoice or other settlement document to the e-mail address indicated by them during Order placement. The User agrees to receive the invoice or settlement document electronically. In case of wanting to receive an invoice or settlement document to an address other than the one provided, the User is obliged to indicate this through one of the available contact methods.
After crediting the payment from the User, the Administrator proceeds to Service fulfillment.
§ 8
Administrator’s obligations
The Administrator undertakes to strive for uninterrupted access to the Website and ensures the security of transactions carried out through the Website.
The Administrator is not liable for damages suffered by the User as a result of faulty operation of devices used by the Client to use the Website and Services.
The Administrator is not liable for the operation of interfaces and connections that are not its property or are not operated by it.
The Administrator is not liable for disruptions, including interruptions, in the Website’s operation caused by force majeure or unauthorized actions of third parties. However, the Administrator reserves the right to planned interruptions related, for example, to technical modifications, about which the User will be informed on the Website.
The Administrator undertakes to fulfill Orders within the established time.
§ 9
Affiliate program
The User has the opportunity to voluntarily join the affiliate program.
The affiliate program gives the User the opportunity to obtain financial benefits in the form of _____ calculated from each service purchase made by another User through a link individually generated for the User-member of the program.
The User declares their will to join the affiliate program and receive an individually generated link by filling out a separate form.
The Administrator maintains a current register of affiliations, taking into account purchases and registrations made using the User’s individual link and on this basis calculates the amount due to the User.
The Administrator settles with the User by sending them the amount referred to in section 4 above at the end of each billing month.
§ 10
Personal data in the online store
The controller of personal data processed in connection with the implementation of the provisions of these Terms of Service is the Website Administrator.
Each person whose personal data is processed by the Administrator has the right to:
their individual control
their correction and completion
their deletion
limitation of their processing
their transfer
filing a complaint with the supervisory authority.
Providing personal data is always voluntary, but in certain cases – indicated each time during use of the Website – failure to consent to data processing may result in inability to place an order. Possible recipients of personal data of Website Users:
in case of a User who, while using the Website, uses electronic payment methods or payment cards, the Administrator shares the collected personal data of the User with the selected entity handling the above payments on the Website.
In all matters related to personal data protection, the Client may contact:
in writing to the address: social CAPI ul plebiscytowa 1 /121 44-100 Gliwice
electronically to the address: iodo@socialcapi.com
Personal data is processed for purposes, scope and based on principles detailed in the Privacy Policy [link].
§ 10
Out-of-court methods of dispute resolution and pursuing claims
The Administrator consents to submitting potential disputes arising in connection with concluded agreements through mediation proceedings. Details will be determined by the parties to the conflict.
The User has the opportunity to use out-of-court methods of complaint resolution and pursuing claims. Among others, they have the opportunity to:
turn to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded agreement,
turn to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable resolution of a dispute between the User and the Administrator,
use the help of a district (municipal) consumer rights ombudsman or social organization whose statutory tasks include consumer protection.
More detailed information about out-of-court methods of complaint resolution and pursuing claims, the Consumer can seek on the website http://polubowne.uokik.gov.pl.
The Consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts or service agreements.
§ 11
Final provisions
The Administrator is entitled at any time to unilaterally introduce changes or additions to these Terms of Service, about which the User will be informed by e-mail. Changes will come into effect according to the deadline communicated in the information.
The terms of cooperation are determined exclusively by the Terms of Service. All informational or advertising materials regarding cooperation are only informational in nature and are not legally binding. The competent court for resolving disputes arising from the terms of service is the court competent for the Seller’s registered office unless the provisions state otherwise.