TERMS AND CONDITIONS OF THE VIBEUU.COM WEBSITE
- GENERAL PROVISIONS
- These Terms and Conditions define the rules for using the website available at: www.vibeuu.com.
- Unless the Terms and Conditions expressly provide otherwise, the following terms and expressions used herein shall have the meanings set out below:
Administrator VIBEUU simple joint-stock company (prosta spółka akcyjna) with its registered office in Kielce, registered address: ul. Karola Olszewskiego 6, 25-663 Kielce, entered into the Register of Entrepreneurs of the National Court Register, whose registration files are kept by the District Court in Kielce, 10th Commercial Division of the National Court Register, under KRS number: 0001176782, REGON: 541934755, NIP: 9592083466, e-mail address: info@vibeuu.com. Demo Application a demonstration (test) version of the application, the purpose of which is to enable the User to become familiar with its functionality; Price the gross price (i.e. including taxes, including VAT) of the Offered Product, stated on the Website, expressed in Polish zlotys; Contact Form a functionality of the Website enabling completion of fields on the Website (providing relevant data) in order to contact the Administrator; Registration Form a functionality of the Website enabling completion of fields on the Website (providing relevant data) in order to create an Account; Account a Website resource identified by the User’s e-mail address and password, enabling access to and use of the Website; Offer has the meaning assigned in clause 5.1 of the Terms and Conditions; Privacy Policy the Website privacy policy available at: www.vibeuu.com; Offered Products all products and services offered by the Administrator available on the Website, the Offer for which the User may obtain by completing the Contact Form; GDPR Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); Website the website operated by the Administrator, available at: www.vibeuu.com, through which the Administrator provides Services; Account Agreement an agreement concluded between the User and the Administrator under the Terms and Conditions, the subject of which is the provision of the Account Service; Offered Product Agreement a sales agreement for an Offered Product concluded between the User and the Administrator using means of distance communication; Service a service provided electronically by the Administrator to the User (in accordance with the Act on Providing Services by Electronic Means), i.e. without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the User, sent and received by means of electronic data processing devices, including digital compression and data storage, fully transmitted, received or conveyed via a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law; Electronic Survey Service has the meaning referred to in clause 2.2.4; Demo Application Service has the meaning referred to in clause 2.2.2; Account Service has the meaning referred to in clause 2.2.1; User a natural person who is at least 18 years of age and has full legal capacity, a legal person, or an organizational unit without legal personality using the Website; Offered Product Order has the meaning referred to in clause 2.1.3. - Subject to any express provisions of the Terms and Conditions to the contrary, the following rules shall apply for the purposes of interpretation of the Terms and Conditions:
- unless the context indicates otherwise, words used in the singular shall include the plural and vice versa, and references to one gender shall include all other genders;
- the expressions “including” or “comprising” shall mean “including, in particular” or “comprising, in particular,” thereby indicating an open-ended catalogue;
- headings, the preamble and titles have been included in the Terms and Conditions for convenience only and shall not affect their interpretation.
- The Terms and Conditions define the rules for using the Website and specify the scope of rights and obligations of the Administrator and the Users related to the use of the Website.
- The Website is operated and managed by the Administrator.
- The purpose of the Website is, in particular:
- to present the offer, scope of business activity and catalogue of services provided by the Administrator;
- to enable Users to contact the Administrator;
- to test the Demo Application.
- The Website and the Services are addressed to entrepreneurs (B2B).
- Use of the Website takes place via an internet browser without the need to install computer software on the Users’ computers or mobile devices.
- In order to use the Website and its functionalities properly, the following technical requirements must be met:
- possession of a computer or mobile device with an up-to-date version of an internet browser installed (i.e. a browser with current manufacturer support and a recommended version), including, for example: Microsoft Edge, Safari, Opera, Firefox, Google Chrome;
- access to the Internet.
- In order to ensure data security on the Website, the Administrator shall take appropriate measures to prevent unauthorized acquisition and modification of data transmitted via the Internet.
- The costs of data transmission related to the use of the Website shall be borne by the User.
- Prior to using the Website, the User is obliged to familiarize themselves with the Terms and Conditions.
- The User is prohibited from undertaking any actions that could disrupt or hinder the operation of the Website or the Demo Application.
- The User is obliged to use the Website in accordance with the Terms and Conditions, the provisions of law applicable in the territory of the Republic of Poland, and principles of good conduct. In particular, the User may not provide unlawful content or content infringing any rights of the Administrator or third parties.
- The User has the right to notify the Administrator of any known cases of violation of the Terms and Conditions.
- If necessary, the User may contact the Administrator by sending an e-mail, calling the telephone number provided in the “Contact” tab, or using the Contact Form. The Administrator shall respond without undue delay, no later than within 7 days from receipt of the message.
- ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE
- The Administrator provides the following Services via the Website:
- enables Users to create an Account and grants them access to such Account (“Account Service”);
- enables Users to use the Demo Application (“Demo Application Service”);
- enables Users to place an order for an Offered Product (“Offered Product Order”);
- enables Users to use the electronic survey service (“Electronic Survey Service”).
- The Services referred to in clause 2.1 are provided free of charge.
- Use of the Services is voluntary.
- The Administrator provides the following Services via the Website:
- ACCOUNT SERVICE
- In order to use the Account Service, an Account must be created. Creating an Account requires:
- completing the Registration Form by providing individual data in the designated fields comprising the Registration Form;
- selecting the checkbox confirming that the User has read and accepted the Terms and Conditions and the Privacy Policy; failure to select this checkbox will prevent effective confirmation of registration and, consequently, the creation of an Account;
- clicking the “Register” button confirming the intention to create an Account; a confirmation e-mail containing an activation link will be sent to the provided e-mail address;
- logging into the mailbox associated with the e-mail address provided in the Registration Form, locating the message received from the Administrator confirming the creation of the Account, and clicking the link “Click here to set a new password”;
- setting a password for the Account and clicking the “Save” button.
- The data referred to in clause 3.1.1 must be accurate, complete, and truthful.
- Failure to provide the required data or to select the checkbox confirming acceptance of the Terms and Conditions and the Privacy Policy will prevent effective registration and, consequently, the creation of an Account.
- Receipt of the Account creation confirmation referred to in clause 3.1.3 shall be equivalent to entering into an agreement for the provision of electronic services – the Account Agreement.
- The User may log into the Account by completing the login form available on the Website with the required data (e-mail address and password) and clicking the button confirming the intention to log in.
- Through the Account, the User may:
- place Offered Product Orders;
- download demo applications;
- download instructions;
- download updates;
- download invoices;
- submit a request to change the plan;
- update their data.
- The User may place an Offered Product Order also without creating an Account.
- The User is entitled to maintain only one Account and to use exclusively their own Account. The User is obliged to keep the Account access data confidential and not to disclose them to third parties.
- The Account Service is provided for an indefinite period. The User may resign from the Account Service at any time, without stating reasons. Resignation from the Account Service results in deletion of the Account and may be effected by contacting the Administrator at: info@vibeuu.com.
- The Administrator reserves the right to block the User’s access to the Account in the event of a breach of the Terms and Conditions by the User.
- In order to use the Account Service, an Account must be created. Creating an Account requires:
- DEMO APPLICATION
- Via the Website, the Administrator enables Users to use the Demo Application free of charge.
- Use of the Demo Application by the User requires the creation of an Account, in accordance with clause 3.1.
- Access to the Demo Application is intended solely for familiarization with its functionality. Use of the Demo Application for other purposes, including commercial purposes, is prohibited.
- The Demo Application is used via an internet browser / cloud-based service. Use of the Demo Application requires installation on a computer running the Windows operating system or on the User’s mobile device running the Android operating system.
- The Demo Application is solely a test version and does not constitute a ready, full-featured product. The Administrator does not guarantee uninterrupted operation of the Demo Application or its full functionality.
- Access to the Demo Application is granted for a period of 14 days from the date of activation. Unless the Parties agree otherwise, upon expiry of this period access to the Demo Application shall be automatically terminated.
- The Administrator reserves the right to suspend, limit, or terminate access to the Demo Application without stating reasons.
- The User may resign from the Demo Application at any time, without stating reasons.
- OFFERED PRODUCT ORDER
- The Administrator offers products via the Website, the offer for which (“Offer”) the User may obtain by completing the Contact Form available on the Website (“Offered Products”).
- Information regarding the types of individual Offered Products provided by the Administrator is available on the Website.
- Placing orders for Offered Products is carried out in accordance with the terms specified in the Offer, the Terms and Conditions, and on the Website.
- After the User completes the Contact Form, through which the User expresses the intention to receive an Offer for a specific Offered Product, the User shall receive the Offer for the given Offered Product at the e-mail address provided in the Contact Form, together with the Terms and Conditions in PDF format.
- Within the period specified by the Administrator in the Offer for the given Offered Product, the User may accept the Offer by sending such information to the Administrator at the indicated e-mail address. Acceptance of the Offer shall be equivalent to entering into the Offered Product Agreement on the terms specified in the Offer and the Terms and Conditions.
- Acceptance of the Offer shall be equivalent to acceptance of the Terms and Conditions.
- After the User accepts the Offer, the Administrator shall send the User information regarding the method and deadline for payment for the Offered Product. Failure to make payment for the Offered Product within 14 days, or within another period indicated by the Administrator, shall result in expiry of the Offered Product Agreement upon lapse of such period.
- Payments for Offered Products are made in accordance with the rules and regulations of the payment operator.
- Immediately after the payment is credited to the Administrator’s bank account, the Administrator shall grant the User access to the Offered Product.
- ELECTRONIC SURVEY SERVICE
- Via the Website, the Administrator enables Users to use the Electronic Survey Service. The purpose of the Electronic Survey Service is to conduct market research and identify Users’ needs in order to prepare an appropriate Offer.
- The Electronic Survey Service consists in the User voluntarily and free of charge selecting answers to the questions made available by the Administrator.
- The Electronic Survey Service is one-time and ends upon completion of the survey. However, the User may complete the survey multiple times.
- The electronic survey is made available via the Website to an unlimited number of Users.
- The electronic survey is anonymous, unless the User voluntarily provides contact details in order to contact the Administrator.
- COMPLAINTS
- The Administrator is responsible for ensuring that the Services are provided in conformity with the Account Agreement and the Offered Product Agreement. For this purpose, the User has the right to submit a complaint. A complaint may be submitted by e-mail to: info@vibeuu.com.
- With respect to Users who are not consumers, the Administrator shall not be liable under the statutory warranty for defects (rękojmia) referred to in the Civil Code.
- The complaint should include data enabling the Administrator to identify the User (such as, for example, name and surname, e-mail address).
- The Administrator shall consider the complaint and respond to it no later than within 14 days from the date of its receipt.
- In the event of a dispute between a User who is a consumer and the Administrator concerning a submitted complaint, the Consumer has the right to use out-of-court methods of complaint handling and pursuing claims; in particular, the Consumer has the right to file a motion to initiate mediation, a motion to have the matter examined by an arbitration court, or to seek assistance from the district (municipal) consumer ombudsman.
- Detailed information on the possibility of using out-of-court dispute resolution and claim enforcement methods, as well as the rules of access to such procedures, is available on the website: www.uokik.gov.pl.
- LIABILITY
- The Administrator shall not be liable for any damage related to deletion of the User’s Account by the User.
- The Administrator’s liability for lost profits is excluded.
- The Administrator shall not be liable for:
- errors (including interruptions in the operation of the Website or the Demo Application) resulting from force majeure, i.e. a sudden and unforeseen event the effects of which neither party could have foreseen;
- errors (including interruptions in the operation of the Website or the Demo Application) resulting from the User’s fault, including, for example, improper use of the Website;
- technical problems or technical limitations of the User’s device;
- Users using the Services in a manner contrary to the Terms and Conditions or applicable law;
- lack of continuity in providing the Services resulting from circumstances for which the service provider is not responsible.
- PERSONAL DATA
- The controller of personal data is VIBEUU simple joint-stock company (prosta spółka akcyjna) with its registered office in Kielce, registered address: ul. Karola Olszewskiego 6, 25-663 Kielce, entered into the Register of Entrepreneurs of the National Court Register, whose registration files are kept by the District Court in Kielce, 10th Commercial Division of the National Court Register, under KRS number: 0001176782, REGON: 541934755, NIP: 9592083466, e-mail address: info@vibeuu.com.
- Personal data are processed in accordance with generally applicable law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), as well as in accordance with the Terms and Conditions and the Privacy Policy.
- The Administrator ensures the protection of the personal data it processes. In particular, the Administrator applies appropriate technical safeguards and organizational measures to protect processed personal data, appropriate to the risks and categories of data protected. In particular, the Administrator safeguards data against disclosure to unauthorized persons, acquisition by an unauthorized person, processing in breach of the law, as well as alteration, loss, damage or destruction.
- Detailed information regarding the processing of personal data, including sensitive personal data, is set out in the Privacy Policy.
- AMENDMENTS TO THE TERMS AND CONDITIONS
- The Administrator is entitled to amend the Terms and Conditions for reasons such as:
- a change in legal regulations;
- issuance of an administrative decision or judgment as a result of which the Administrator should amend the Terms and Conditions;
- a change in the functionality of the Website.
- The Administrator is entitled to amend the Terms and Conditions. Any amendment shall enter into force on the date indicated by the Administrator, which in each case shall not be earlier than 7 days from the date the Users are informed of the amendments to the Terms and Conditions.
- The Administrator shall inform Users having an Account about amendments to the Terms and Conditions by sending them the new version of the Terms and Conditions together with information on the provisions being amended, or by making the new version of the Terms and Conditions available on the Website. Notification of amendments may also be made by posting a notice visible upon entering the Website or after logging into the Account.
- The Administrator is entitled to amend the Terms and Conditions for reasons such as:
- FINAL PROVISIONS
- The Terms and Conditions are available on the Website.
- In matters not regulated herein, the provisions of Polish law shall apply.
- These Terms and Conditions enter into force on 01/01/2026.