Terms and conditions

§ 1. Definitions

"Account" means the User's account, constituting a set of resources and permissions in the Service Provider's ICT system available to the User, created after the User has completed prior registration; registration and access to the Account may take place via the Website as part of the Services provided under these Terms & Conditions, or through another access channel made available by the Service Provider under the terms specified in separate regulations.
"Terms & Conditions" means these terms and conditions for the provision of services by electronic means.
"Website" means the website available at https://www.behaviorai.eu.
"Service Provider" means DM Dots Sp. z o.o., with its registered office in Gałówek (55-330), Gałówek 37, NIP 9131633963, KRS 0000995121, e-mail address: contact@behaviorai.eu.
"User" means a person using the Services in accordance with these Terms & Conditions.
"Contact Form" means a functionality of the Website enabling a message to be sent to the Service Provider.
"Agreement" means an agreement for the provision of services by electronic means concluded between the Service Provider and the User in accordance with the Terms & Conditions.
"Consumer" means a natural person using the Services in a manner not directly related to business activity.
"Entrepreneur with Consumer Rights" means an entity referred to in Article 38a of the Consumer Rights Act.

§ 2. General provisions

These Terms & Conditions set out the terms and rules for the provision of services by electronic means through the Website.
These Terms & Conditions constitute the terms and conditions referred to in Article 8 of the Act on Providing Services by Electronic Means.
The Service Provider provides the Services in accordance with these Terms & Conditions, the Act on Providing Services by Electronic Means, the Consumer Rights Act, the GDPR, and other applicable laws.
The User is obliged to use the Website in a manner compliant with the law, these Terms & Conditions, and the principles of social coexistence.
The Terms & Conditions are made available to the User before the conclusion of the Agreement in a manner enabling them to be obtained, reproduced, and recorded.

§ 3. Services provided by electronic means

The Services provided by the Service Provider and the applicable fees are described in these Terms & Conditions ("Services").
The Services are intended for natural persons having full legal capacity.
It is prohibited to provide unlawful content, in particular:
1. information and data creating a risk of breaching ICT security,
2. information infringing intellectual property rights,
3. information infringing generally applicable laws.
Use of the Services may involve typical risks arising from the use of the Internet. The Service Provider recommends the use of up-to-date security software.
The Service Provider may introduce updates to the Website, including security fixes and functional and technical changes.

§ 4. Development of the Website
Due to the development of the Website, the scope of the services provided in the scope indicated below may be subject to change, of which the Service Provider shall inform Users in accordance with the procedure for amending the Terms & Conditions.

Service "as is"
1. The Service is made available to the User on an "as is" basis and an "as available" basis, without any warranties, whether express or implied, including, in particular, warranties regarding the operation, functionality, or results of using the Service.
2. The Service Provider makes no representations or warranties regarding:
3. The User uses the Service at their own risk, acknowledging that use of the Service may involve limitations or technical imperfections typical of digital services.
the suitability of the Service for a specific purpose,
its uninterrupted operation,
Change of functions
1. The Service Provider reserves the right to modify, update, expand, limit, or completely remove any functionalities of the Service at any time and without giving reasons, including, in particular, for the purpose of improving the operation of the Service, its development, or adapting it to technical, legal, or operational requirements.
2. The Service Provider may introduce technical interruptions, temporary shutdowns, or change the manner in which the Service or its elements operate, including interfaces, modules, or integrations.
3. The User shall have no claims whatsoever against the Service Provider arising from modifications, limitations, interruptions in the provision of the Service, liquidation of functionalities, or the removal of access to specific capabilities of the Service, including claims for damages or reimbursement of fees paid.
its compliance with the User's expectations,
the accuracy, completeness, or timeliness of the data presented as part of the Service.
Suspension of the provision of services
1. The Service Provider reserves the right to terminate or suspend the provision of the Service or access to the User's Account at any time, for any reason or without giving reasons, subject to the rules set out in these Terms & Conditions.
2. Termination or suspension of access may occur, in particular, in the event of the User's breach of the provisions of these Terms & Conditions, a threat to system security, suspicion of harmful activities, or other justified technical or operational reasons.
3. The User shall not be entitled to compensation, redress, reimbursement, or refund of fees in connection with the termination or suspension of access to the Service or the Account.
Availability
1. The Service Provider does not guarantee constant, uninterrupted, or error-free availability of the Service or any of its functionalities.
2. The Service or its elements may be temporarily unavailable for technical, organizational, maintenance-related reasons, reasons resulting from failures, or for other reasons beyond the Service Provider's control, without the need to inform the User in advance.
3. The Service Provider shall not be liable for interruptions in the availability of the Service or for any damages, inconvenience, or losses resulting from the unavailability of the Service or the suspension of the possibility of using the Service.
Data loss
1. The Service Provider shall not be liable for the loss, damage, distortion, or inability to recover data stored or processed by the User as part of the Service, regardless of the cause of such events.
2. The User is obliged to make backup copies of data independently and to secure such data, including securing access to the Account, on their own and at their own responsibility.
3. The Service Provider shall not be liable for the consequences of technical failures, actions of third parties, User errors, breaches of the rules for using the Service, or other events that may lead to data loss or limited availability of data.
Feedback
1. By providing the Service Provider with any opinions, comments, suggestions, ideas, feedback, or proposals concerning the Service ("Feedback"), regardless of the form in which they are provided, the User grants the Service Provider a non-exclusive, free-of-charge, irrevocable, transferable, worldwide, and perpetual license to use the Feedback in any manner.
2. The Service Provider is entitled to use the Feedback for any purposes, including development, marketing, analytical, commercial, product-related, and research purposes, without any obligation to inform the User or pay any remuneration.
3. The scope of the license granted includes, in particular, the rights to record, reproduce, process, adapt, modify, publish, make available, implement, and use the Feedback in whole or in part, in any manner.
Fees
1. The Service Provider informs that the Service or certain functionalities thereof are provided free of charge; however, they may in the future become paid or be covered by another monetization model, such as a subscription, points system, one-off payments, payments for access to specific functions, premium packages, or other business models used in digital services.
2. Use of the Service during the period in which the Service is made available free of charge does not constitute an obligation on the part of the Service Provider to continue providing the Service without fees or within the same functional scope.
3. The Service Provider reserves the right to change the business model and the fee structure for using the Service, including the introduction of paid plans, limitation of functions available under free plans, or changes to the rules for using individual functionalities.
4. The User shall be informed of the introduction of fees within an appropriate period before they are applied, in accordance with the rules set out in these Terms & Conditions.

§ 5. Registration and access to the Account

Account registration is carried out online through the Memberstack service.
After registration, the User receives an e-mail message with an activation link. The Account becomes active after clicking the link.
Access to the Account requires entering a login and password.
The User undertakes to use passwords meeting the minimum security requirements (at least 8 characters, one digit or one special character).
The Service Provider enables password reset through the e-mail address indicated during registration.
The Service Provider may block access to the Account in the event of detected security breaches.
The Account enables:
1. submitting complaints,
2. editing the User's data,
3. deleting the account.

§ 6. Technical requirements

A technical condition for the proper use of the Website and the Services provided through it is the use of a personal computer with access to the Internet, equipped with an operating system (Windows, Mac OS, Linux, or similar) and an up-to-date web browser: Opera, Firefox, Google Chrome, or Safari.
The Website is also adapted for display on portable devices such as a smartphone, tablet, or palmtop. A technical condition for using the mobile version of the Website is the use of a mobile device with access to the Internet, equipped with one of the popular up-to-date web browsers (Android Browser, Chrome Mobile, Opera Mini, or Safari Mobile).
Use of the Website may require enabling cookies and JavaScript.

§ 7. Term of the Agreement and resignation from the Services

The User may use the Services or resign from them at any time. The agreement for the provision of Services related to the Account is concluded for an indefinite period upon activation of the Account in accordance with these Terms & Conditions. No minimum duration of the User's obligations is specified, and the User is not obliged to use the Service for any period of time.
Resignation from the Services may take place by sending an e-mail containing the User's relevant statement to the e-mail address kontakt@behaviorai.pl or by post to the Service Provider's address (DM Dots Sp. z o.o. with its registered office in Gałówek (55-330), Gałówek 37, NIP 9131633963, KRS 0000995121), as well as by deleting the account by the logged-in User.
If the Account is deleted by the User, the agreement for the provision of Services related to the Account shall be terminated with immediate effect, without the need to make any additional notifications, in particular without the need to give prior notice of termination of the agreement in question.
The Service Provider has the right to terminate the Agreement for the provision of Services related to the Account by sending an e-mail containing an appropriate statement of termination to the e-mail address or by post to the correspondence address provided by the User. The Agreement shall be terminated after the expiry of a 30-day notice period.
Both the User and the Service Provider may terminate the Agreement for the provision of Services related to the Account with immediate effect in the event of the gross breach by the other party of the rules of these Terms & Conditions, as well as in the event of non-compliance with generally applicable laws.
In accordance with applicable law, a User who is a Consumer shall have the right to withdraw, without stating any reasons, from a distance contract concluded under the rules set out in these Terms & Conditions, the subject matter of which is the Services, at any time, including within 14 days from the date of its conclusion.
In order to exercise the right referred to above, the User should inform the Service Provider of their decision to withdraw. Informing the Service Provider of such decision shall also be deemed to include resignation from the Services in any manner described above, made within the period indicated in the preceding paragraph.
The User may also withdraw from the agreement by way of an unequivocal statement submitted using the Service Provider's contact details indicated in these Terms & Conditions, for example by sending an appropriate letter by post (to the address of DM Dots Sp. z o.o. with its registered office in Gałówek (55-330), Gałówek 37, NIP 9131633963, KRS 0000995121) or by e-mail (to the address contact@behaviorai.eu).
In order to meet the withdrawal deadline referred to above, it is sufficient to send information concerning the exercise of the User's right to withdraw from the agreement before the withdrawal period expires.
If the Service Provider receives a statement of withdrawal from the agreement or resignation from the Services from the User, the User shall not be charged with any costs of the Service provided.
Exercising the right to withdraw from the agreement or resignation from the Services under the rules described in this paragraph shall not affect the performance of the Parties' obligations concerning services performed before the date of withdrawal or resignation.
The right to withdraw from an off-premises contract or a distance contract shall not be available to the User in the situations indicated in Article 38 of the Consumer Rights Act of 30 May 2014, in particular if the Service Provider has fully performed the service with the User's express and prior consent, where the User was informed before performance commenced that after performance by the Service Provider they would lose the right to withdraw from the agreement, and acknowledged this, and also if the entrepreneur has fully performed the service with the consumer's express and prior consent, where the consumer was informed before performance commenced that after performance by the entrepreneur they would lose the right to withdraw from the agreement, and acknowledged this.

§ 8. Complaints

Complaints may be submitted:
to the Service Provider's e-mail address,
by post to the registered office address,
via the Contact Form.
A complaint should include the User's details, a description of the event, and the request.
Complaints shall be considered within 14 days in the order of receipt.
The Service Provider may request supplementation of the data necessary to consider the complaint.
Notification of the manner in which the complaint has been handled shall be made in written or electronic correspondence.

§ 9. Protection of personal data

The controller of personal data is the Service Provider.
Personal data are processed on the basis of Article 6(1)(b), (c), and (f) GDPR.
The User has the right to:
access to data,
rectification,
erasure,
restriction of processing,
data portability,
object.
The User may lodge a complaint with the President of the Personal Data Protection Office.
Detailed rules for the processing of data are described in the Privacy Policy available at https://www.behaviorai.eu/privacy-policy.

§ 10. Out-of-court methods of dispute resolution

A User who is a Consumer may use out-of-court methods of complaint handling and pursuing claims, among others, in the following manner:
by applying to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded agreement;
by applying to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Service Provider.
The User may obtain free assistance in resolving a dispute between the User and the Service Provider by contacting the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
Detailed information concerning the possibility for the User to use out-of-court methods of complaint handling and pursuing claims, as well as the rules for access to those procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Voivodeship Inspectorates of the Trade Inspection, and at http://www.uokik.gov.pl.
In order to resolve a consumer dispute arising as a result of the provision of electronic services and a distance transaction concluded over the Internet, the User may use the free online dispute resolution platform operating within the European Union, "Online Dispute Resolution" (ODR). This tool gives the consumer and the seller the possibility to resolve a dispute amicably without the need to go to court. The ODR platform is available at: ec.europa.eu/odr
The Service Provider is not obliged, but allows participation in out-of-court procedures upon the User's request.

§ 11. Other information

The language of the agreement is Polish.
Contact with the Service Provider is possible via e-mail at contact@behaviorai.eu.

§ 12. Amendment of the Terms & Conditions

The Service Provider may amend the Terms & Conditions for important reasons related to the development of the Website and changes in the scope of the Services described in these Terms & Conditions.
Any amendment to the Terms & Conditions shall be announced on the Website and communicated by e-mail.
The User may resign from the Services within 14 days of being notified of the changes.
Use of the Services after amendment of the Terms & Conditions shall mean acceptance of the changes.

§ 13. Final provisions

Matters not governed by these Terms & Conditions shall be governed by Polish law.
Disputes shall be examined by the court having jurisdiction in accordance with the provisions of the Polish Code of Civil Procedure.
These Terms & Conditions are available on the Website in a form enabling them to be downloaded and recorded.
In the event of discrepancies, the electronic version shall prevail.