Terms of Use

I. DEFINITIONS

  1. These Regulations define the terms of use of the Squidility Internet portal and the rules of provision of services thereunder, in particular the rights and obligations of those registered as Squidility users.
  2. Any references hereinafter to:
    1. The Site shall be deemed to mean the Internet portal Squidility, operating under the URL http://squidility.com, managed by the Operator, under terms and conditions defined in the Regulations;
    2. The User shall be deemed to mean any person with full legal capacity, who has accepted the Regulations and thus acquired access to the Services. Also, any legal person or an organizational unit other than body corporate yet given legal personality by the act, who uses the Services provided by the Operator shall be considered a User.
    3. The Account Owner shall be deemed to mean the User with an opened Account.
    4. The Account Administrator shall be deemed to mean the User authorized to administer the Account. Every Account Owner is the Account Administrator.
    5. The Login shall be deemed to mean an individual and unique electronic mail address, serving as an unrepeatable User ID for the Site;
    6. The Password shall be deemed to mean a string of at least 5 characters defined by the User and assigned to the User. The Password shall be required for the User to sign in to the Site;
    7. The Account shall be deemed to mean a set of services provided by the Site along with the Users specific settings, enabling the User to use the Site;
    8. The Billing Cycle shall be deemed to mean a period of time of the Account activity, for which the User is to pay the Subscription Fee; the Period may be a month or any multiple of it;
    9. The Subscription Fee shall be deemed to mean a total charge for having the Account in the Billing Cycle; it shall amount to a total set forth in the Subscription Plan;
    10. The Subscription Plan shall be deemed to mean a variant of the Account activity selected from those available in the Pricelist;
    11. The Pricelist shall be deemed to mean an offer, presenting a set of options and prices for the Subscription Plans of the Site, available at http://squidility.com/pricing;
    12. The Registration shall be deemed to mean a single act, when the User opens the Account using a registration form, provided by the Operator on one of the pages of the Site;
    13. The Service(s) shall be deemed to mean Service or Services rendered by the Operator under the terms and conditions set forth in the Regulations;
    14. The Agreement shall be deemed to mean an agreement for e-services made by and between the User and the Operator by means of the Users acceptance of the Regulations, with contents equivalent to that of the Regulations;
    15. The Regulations shall be deemed to mean these regulations.
    16. The Operator shall be deemed to mean a company acting under the business name of 5am;

II. GENERAL PROVISIONS

  1. The Regulations define the rules for the use of the Site and the Services offered by the Operator, as well as specify the rights and obligations of both the Operator and the User.
  2. The Owner of the Site and the provider of the Services specified in the Regulations is the Operator.
  3. Using the Site and based on the terms specified in the Regulations, the Operator provides Services of analyzing specified content from the Internet, in the scope resulting from the Subscription Plan selected by the User.
  4. Account and Services offered by the Site may only be accessed by Users who have completed Account Registration in the manner specified in the Regulations.
  5. The Site and the Services provided by the Operator may only be used subject to acknowledgment of the Regulations. The Registration is tantamount to confirmation by the User that s/he has read, understood and accepted the terms set out in the Regulations.
  6. The Operator reserves the right to outsource the support of the Site to a third party. The User hereby acknowledges this by accepting the provisions of the Regulations.
  7. Minimum technical requirements of the Users computer system to use the Site:
    1. Internet connection;
    2. Web browser: Internet Explorer 9.0, Firefox 3.6, Opera 9.0 or later, respectively;
    3. Cookies enabled;
    4. JavaScript enabled.
  8. The Operator shall make all effort for the Service-related data online transmission be secure, understood as that the information is transferred observing its confidentiality, integrity and completeness.
  9. The Operator shall not be held liable for technical problems or limitations regarding the IT hardware on the User end, which may render it impossible for the User to use the Site and/or any Services provided thereby.

III. SITE ACCOUNT REGISTRATION

  1. The Operator hereby informs the Services may be accessed upon registration of the Account on the Site, including the provision of the Users required personal data, as described in this chapter of the Regulations, as well as the fulfillment of other conditions specified in the Regulations.
  2. The User Registration on the Site, and thus the opening of the Account, is done through completing the registration form provided on one of the pages of the Site, by the User filling in appropriate boxes of the form and clicking the "Sign Up" button.
  3. At least the following data shall be required from the User to fill out the registration form:
    1. First Name;
    2. Users e-mail address;
    3. Users password (Password);
  4. The Operator reserves the right to extend the registration form by adding new fields, however they shall remain voluntary.
  5. Upon registration an activation link shall be emailed to the Users e-mail address provided in the registration form. It is necessary for the User to open the activation link in an Internet browser in order to activate the User Account and to gain access to the Services.
  6. Upon activation of the Account, the User is free to use the Service free of charge (Free Plan) for one month or pay for the Subscription Plan of his/her selection. Upon Users request, an individual Subscription Plan may be negotiated.
  7. After payment of the Subscription Fee for the chosen Subscription Plan, the User is granted access to the Services in an extent of his/her own choosing, and resulting from the Subscription Plan.
  8. The right of access to the Service may be extended for another Billing Cycle upon payment of the Subscription Fee for the following Billing Cycle before the expiry of the current one.
  9. The Agreement shall terminate upon the last day of the Billing Cycle. In any case when the User files in a notice of termination before the expiry of the Billing Cycle, s/he may continue to enjoy the Account and the Services until the end of the Billing Cycle paid for.
  10. Upon the Registration, the User becomes obligated to provide information which is correct, accurate and up-to-date, not misleading and not in any way altering the rights of third parties. In addition, the User shall be responsible for keeping the Password in confidentiality. The User holds exclusive liability for the content of any information submitted. The operator hereby informs that any content uploaded or any orders made by any third parties signing in using the Users Login and Password shall be attributed to the User.
  11. The only way for the User to access the User Account and use the Services provided by the Operator via the Site is to sign in to the Site using the correct Login and Password.

IV. SITE RULES OF USE

  1. The Operator reserves the right to modify the technical manner of rendering of the Services, in line with the scope and conditions arising from the authority held, and also according to the technical capabilities.
  2. In order to ensure the security of transmission of messages and in relation to the Services rendered, the Operator shall take technical and organizational measures adequate to the degree of threat to the security of the Services.
  3. The User is in particular obligated to:
    1. use the Site in a way that does not distort its functioning, in particular through the use of certain software and/or hardware;
    2. use the Site in a manner consistent with the laws in force in the Republic of Poland as well as with the provisions of these Regulations;
    3. not to upload and not to publish on the Site any content prohibited by applicable laws;
    4. use the Site not causing inconvenience to other Users and for the Operator, with respect to everyones personal rights (including the right to privacy) and any other of their rights;
  4. The Operator shall not assume any liability for infringement of third party rights, or any loss of third parties as a result of or in connection with activities carried out by the User with the use of any data collected by the User in connection with the Service provided.
  5. The Operator shall not be held liable for any content obtained in the course of provision of the Service to the User or any damage it might cause.
  6. The User is obligated to notify the Operator immediately in case of any violation of his/her rights, as well as on any breach of the rules set out in the Regulations.
  7. The Operator hereby reserves the right to limit or deny access to any or all of the Services offered through the Site, effective immediately, to any User who violates the provisions of the Regulations, and in particular:
    1. in course of the Registration or in the process of completing it, s/he provided data which was incorrect, inaccurate or outdated, misleading or violating the rights of third parties;
    2. used the Site, directly or indirectly, to infringe personal rights, in particular the personal rights of other Users;
    3. displayed other behaviors that are considered by the Operator reprehensible, inconsistent with applicable laws or general rules of the Internet, contrary to the objectives of the creation of the Site or detrimental to the good name of the Operator.
  8. The Operator also allows the possibility to establish cooperation with the User, by entering a separate agreement for the provision of the Services. In this case, these Regulations shall become an integral part of such agreement.

V. FEES

  1. Using the Services provided by the Operator through the Site is subject to payment, with the exception of the Services provided in the Free Plan.
  2. Details of the Subscription Fees and parameters of individual Subscription Plans can be found in the Pricelist posted on the site at http://squidility.com/pricing.
  3. Subscription Fees are paid in advance for subsequent Billing Cycles.
  4. Day of the month, which will be considered the date of commencement of the Billing Cycle shall be the date when the first payment is posted. The Billing Cycle ends with a date that corresponds to the commencement day on which the given Billing Cycle started; if such day does not occur in the following month, the Period with end on the last day of the current month.
  5. The Account parameters may be changed at any time after the selection of the Subscription Plan.
  6. The change in the Account parameters, referred to above, is made by the Account Administrator.
  7. The Subscription Fee can be paid via an online payment system. Correct payment of the Subscription Fee will be recorded by the Site immediately after transfer is booked to the bank account of the Operator.
  8. Any changes in the Subscription Fees Pricelist shall be announced at http://squidility.com/pricing.

VI. DOWNTIME

  1. The Operator is entitled to temporary downtime in the operation of the Site and breaks in provision of the Services due to technical reasons.
  2. The Operator shall make every effort for the technical breaks to occur at night and as shortly as possible.
  3. For any technical break lasting in excess of 24 hours at a time, the Account Owner shall have the right to apply to the Operator, using the procedures described in item VIII below, with a request to extend the Billing Cycle, during which the technical break occurred, by the same period as the downtime lasted.
  4. The operator shall not be held liable to the Users for nonperformance or misperformance of the Services for reasons attributable to third parties (including telecommunications network operators) or caused by force majeure.

VII. PERSONAL DATA PROTECTION

  1. Upon acceptance of the Regulations, the User agrees for the Operator to process his/her personal data provided at the Registration, under the terms of the Regulations. The subject of the processing may also be the personal data provided by the User after the Registration, should the need to provide it arise from the Regulations or if the data changed after the Registration.
  2. The personal data administrator will be the Operator who processes the personal data in accordance with the law.
  3. The Users personal data shall be processed by the Operator to establish, shape, amend or terminate the legal relationship between the User and the Operator, as well as to document the sale of Services to the User with his/her access to the System in the pre-selected scope.
  4. The Operator is obligated to implement technical and organizational measures to protect the processing of the Users personal data adequate to the risks and to the category of data to be protected. In particular, the data should be protected against unauthorized disclosure, takeover by an unauthorized person, processing in violation of the law, modification, loss, damage or destruction.
  5. The Operator shall ensure that special attention is to be applied in order to protect the interests of the User. The Operator shall also ensure that the received personal data of the User is to be:
    1. processed in accordance with the law;
    2. taken for specified and legitimate purposes and not subject to further processing incompatible with those purposes;
    3. substantively relevant and adequate in relation to the purposes for which they are processed;
    4. stored in a form allowing identification of data subjects, however not longer than it is necessary to achieve the purpose of the processing.
  6. The Operator shall reserve the right to disclose selected information concerning the User to competent authorities or third parties upon request for such information, based on an appropriate legal basis and in accordance with the applicable laws.
  7. The Operator declares that cookies are used in order to collect information related to the provision of the Services. These are files that the Operators server saves on the Users computer so that User could be "recognized" at each successive visit to the Account. The cookies do not interfere with operation of the computer used by the User to access the System and the User is free to disable cookies through the options menu in the web browser. However, disabling cookies may adversely effect the Site usability (e.g. it may prevent the use of specific functions, or prevent receiving personalized information when using the Site). Cookie files allow:
    1. keeping the User signed in throughout the session (after the initial signing in) so that the User is not requested to sign in with their Login and Password moving from one subpage of the Site to another;
    2. building the statistics for the Sites subpages.
  8. Every User reserves the right to access, correct and amend their personal data, as well as the right to request that their data processing be discontinued or the data deleted; these require an application in writing to the Operator. Should the deletion regard the data determining the use of the Site and Services provided through it, the User shall lose the ability to use the Services, rendering this equivalent to the removal of the User Account.
  9. Should the User upload to the Site any personal information of other people (including their names, telephone number or e-mail address), this may be done only at the Users own risk and subject to non-infringement of applicable laws and/or personal rights of these people.
  10. The Operator declares that he will apply all diligence to ensure Users with a high level of security in using the Site. Any events effecting the security of information transmission, including suspicion of sharing files containing viruses or other files of similar nature, should be reported to the Operator.
  11. The Operator informs the user acknowledges that any notifications, information and other messages from the Operator, related to the provision of the Service, shall be send using electronic mail to addresses provided in the User Registration form.

VIII. CLAIMS AND COMPLAINTS

  1. Any complaints relating to the provision of the Services by the Operator as well as questions regarding the use of the Site should be addressed to the e-mail address info@squidility.com.
  2. The Operator refuses to consider any complaints resulting from non-compliance with the Regulations.
  3. The operator shall consider the complaint within 7 business days from the date of its reception and shall immediately inform the User by e-mail as to how it is to be dealt with.
  4. The consideration of the complaint by the Operator shall be considered final.
  5. All other notes, comments and questions concerning the operation of the Site may be directed by email to: info@squidility.com.

IX. CLOSING PROVISIONS

  1. The Operator reserves the right to transfer all or part of the rights and obligations arising from the Regulations onto a third party or entering into outsourcing contracts related to them; the User hereby agrees to it by becoming bound by the Regulations. The User may not assign or waive any rights or obligations under the Regulations without a written consent from the Operator.
  2. The Users of the Site shall be free to access the Regulations at any time, using the link found on the Sites landing page.
  3. The Operator stipulates, that the Site and any of its graphic elements of the Operator, the Operator logos, navigation solutions, selection and layout of the Site-presented content are protected with the exclusive rights of the Operator.
  4. In matters not covered by these Regulations, the Polish law shall apply, and in particular the provisions of the Civil Code and other acts of law.
  5. The operator shall reserve the right to alter the Regulations at any time. Any such amendment to the Regulations shall be communicated by the Operator at http://squidility.com/terms-of-use with at least seven days notice.