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Terms of Use for the AMODIT Platform

Terms of Use for the AMODIT Platform

Based on Article 8(1)(1) of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002 No. 144, item 1204, as amended), Astrafox Sp. z o.o. establishes the Terms of Service for the Provision of Electronic Services (hereinafter referred to as the Terms of Service).

General provisions

  1. These Terms of Service define the rules for using the service of creating and running business processes (“Service”) on the Amodit Platform (“Platform”). The Terms of Service constitute an integral part of the Agreement concluded with the Client. In matters not regulated by the Agreement, the relevant provisions of these Terms of Service shall apply.
  2. These Terms of Service are available free of charge on the website at the address: https://amodit.pl/en/terms-of-service-amodit-platform/ and are provided to the Client before the conclusion of the Agreement.
  3. The administrator of personal data is Astrafox Sp. z o.o., with its registered office in Warsaw, Poloneza Street 93, 02-826 Warsaw, registered in the District Court for the Capital City of Warsaw, in the 13th Commercial Division of the National Court Register, in the Register of Entrepreneurs under the number 0000193522, NIP 525-21-71-560, share capital of 131,200 PLN (hereinafter referred to as “Astrafox”) under the terms and conditions specified in the Privacy Policy available at the link: https://amodit.pl/polityka-prywatnosci/. Astrafox is the creator and sole owner of the Platform.
  4. The condition for the Client’s use of the Service is to read these Terms of Service and accept all its provisions.
  5. When using the Platform, the User is obliged to refrain from any unlawful activities, in particular from:
    1. using the Platform directly or indirectly for purposes contrary to the law or to violate legal regulations,
    2. using the Platform in a manner contrary to the Terms of Service, good practices, or commonly accepted rules of using the Internet,
    3. using the Platform in a manner that infringes the rights of Astrafox, other Clients/Users, or third parties, in particular by providing false or someone else’s data, impersonating other entities, or abusing the rights granted,
    4. supplying data through or to the Platform that causes overloading of IT systems or unauthorized modification of data contained in the Platform.

Definitions used in these terms and conditions

  1. AMODIT – a registered trademark owned by Astrafox (hereinafter referred to as “Amodit”).
  2. APPLICATION – a separate, individual space along with its accompanying database that enables access to the Platform. Available in both paid and free versions. Access to the Application is only possible using an individual account.
  3. PRICING – A list of services available upon contacting via email: poland@amodit.com or through the contact form available on the website: https://amodit.pl/en/contact/, or via a Partner.
  4. BUSINESS DAYS – days from Monday to Friday, excluding public holidays.
  5. CLIENT – a natural person, legal entity, or an organizational unit without legal personality, which is granted legal capacity by law, concluding an Agreement with ASTRAFOX or an ASTRAFOX Partner.
  6. USER – a natural person using the Platform via the Application.
  7. SERVICE – includes business process automation, electronic document signing. The scope and subject of the service are agreed upon individually with the Client.
  8. PAID SERVICE – a service package regulated in an individual agreement with the Client.
  9. PRIVACY POLICY – information regulating the protection of Client’s personal data available at: https://amodit.pl/polityka-prywatnosci/
  10. ASTRAFOX PARTNER – referred to interchangeably as Partner, is an entity that, based on a separate agreement with Astrafox, is authorized to sell, implement, and maintain business processes within the Amodit platform.
  11. PLATFORM – tools used for building, managing, and utilizing business processes.
  12. AGREEMENT – an agreement for the provision of business process automation services concluded individually with the Client electronically.
  13. PROVISION OF ELECTRONIC SERVICES – providing a service without the simultaneous presence of the parties (remotely), through the transfer of data at the individual request of the service recipient, transmitted and received using electronic processing devices, including digital compression and data storage, which is entirely transmitted, received, or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law.

Users and Registration

  1. To use the Platform, the User or, on their behalf, an Astrafox Partner registers via the website https://register.amodit.com, providing necessary information such as first name, last name, email address, and phone number.
  2. By registering, the User voluntarily agrees to use the Platform and declares that the information provided in the registration form pertains to them, is complete, and accurate.
  3. Upon successful registration, the User gains access to the Application, enabling the use of the Platform through an individual Account created for them, with an assigned login and password. The Account contains the information provided by the User during registration: first name, last name, email address, and phone number. The Account is assigned administrator privileges.
  4. In case of any changes to the data included in the account, the User is obligated to update it immediately. The User assumes full responsibility for providing or maintaining incomplete, outdated, or false information.
  5. The User must not allow other persons to use the Account, including disclosing the password used to access the Account. The User must keep the Account password confidential and secure it from disclosure. The User is obligated to promptly inform Astrafox if the Account access data has been taken over by third parties and explain the circumstances of its takeover.
  6. The User may not use their Account in a manner inconsistent with the nature and purpose of the services provided by Astrafox within the Platform and in a manner that disrupts the use of these services.
  7. In case of violation of the Terms of Service, laws, or good practices by the User, Astrafox may terminate the agreement with the User or suspend its performance within their Account. This particularly applies to situations where the User has downloaded or used any data or materials available on the Platform without Astrafox’s consent.
  8. Any aggregation and processing of data and other information available on the Platform for further sharing with third parties within other online services or outside the Internet is prohibited. It is also prohibited to use Amodit designations, including distinctive graphic elements, without Astrafox’s consent.
  9. Upon creating the Application and accepting the Terms of Service, the Client:
    1. Agrees to comply with the provisions of the Terms of Service and the Privacy Policy, as well as other documents and instructions issued by Astrafox in connection with the provision of the Service,
    2. Agrees to receive messages from Astrafox and information about difficulties, changes, or technical interruptions in the Service operation,
    3. Agrees to receive VAT invoices issued by Astrafox for the Service provided to the Client in electronic form.

Use of the service

  1. Astrafox, within the provided services, offers the Client:
    1. The ability to generate an individual Application
    2. Access to the Platform
    3. The ability to create and run business processes
    4. Customer support.
  2. Using the Platform’s services is available through the Application in the following forms:
    1. Free: Provides indefinite, functionally limited access to the Platform. Allows the creation of up to 10 cases per month in each process. Detailed scope of services is defined in the Pricing available upon contacting via email: poland@amodit.com or through the contact form available on the website: https://amodit.pl/kontakt/.
    2. Paid: Prepared on an individual Client order considering their requirements for business process automation. The free version of the Application has the following parameters:1 GB storage space for stored documents
      No restrictions on the number of user accounts
      No restrictions on the number of defined processes
      A maximum of 10 cases per month in each process
      The Client can create and use only one free version of the Application. The Client can change the free version of the Application to a Paid version at any time through the contact form available at: https://amodit.pl/kontakt/ or via email: poland@amodit.com.
  3. The free version of the Application may be removed by Astrafox if no User activity on the Platform is recorded within 30 days from the last login date. Astrafox reserves the right to refuse to create an Application for a Client, particularly if the Client has had an Application removed for violating the Terms of Service within the past 12 months.
  4. The paid version of the Application is available to Clients who have purchased the Service based on a separately concluded Agreement.
  5. Users can obtain the Pricing of services offered by Astrafox by contacting via phone, email, or through the contact form. Contact details are available on the website at: https://amodit.pl/.

Technical Requirements

  1. To use the Service, the Client must have a device that allows access to the Internet, including a browser that accepts “cookies” and has JavaScript enabled.
  2. Astrafox makes every effort to ensure that the Service functions on the latest official versions of Internet Explorer, Mozilla Firefox, Google Chrome, and Safari browsers.

Payments

  1. Clients using the Paid version of the Application are required to pay for the Service on time according to the terms of the agreement.
  2. Astrafox or an Astrafox Partner issues an invoice at the end of each billing period specified in the Agreement, with a payment term of 14 days. In case of non-payment within this period, Astrafox or the Partner reserves the right to inform the Client via email about the overdue payment, the amount due, and an additional 7-day period to settle the arrears. If the payment is not made within the aforementioned period, it is assumed that the Client has resigned from the Service, the Client’s Application is blocked, and the agreement is terminated with immediate effect.
  3. Payments made by the Client before the termination of the agreement due to the circumstances specified in paragraph 2 above are non-refundable.
  4. The Client agrees to receive invoices electronically unless they explicitly express a desire to receive paper invoices.
  5. Astrafox reserves the right to change the amount of fees at any time. The new price list applies to new Clients and, for existing Clients, upon making any changes, such as the number of accounts or the number of processes.

Prohibited practices

  1. The Client must not use the Services in any way, whether intentionally or unintentionally, that leads to the violation of laws, good practices, the provisions of these Terms of Service, as well as intellectual property rights or other rights of third parties, or in any way that is or may be harmful to the business, brand, or reputation of Astrafox.
  2. The Client must not use equipment or software that could damage or disrupt the proper functioning of the Platform, nor use it to intercept the system or data from the Platform or any website owned or controlled by Astrafox. The Client must not take any actions that cause an unreasonable or disproportionately large load on the internet network or Astrafox’s infrastructure.
  3. Astrafox does not monitor or control the Client’s activities concerning their use of the Service. However, it reserves the right (regardless of other rights under the Terms of Service) to block access to all or part of the Service if it receives information or has reasonable suspicion that the Client’s activities within the Amodit Platform violate laws, Astrafox’s policy, these Terms of Service, the rights of third parties, or for any other improper reason. In such situations, Astrafox is not liable to the Client for the measures taken.

Content

  1. The Client is fully responsible for any information, data, texts, documents, graphics, logos, videos, audio files, or other materials and works that they upload, transmit, or otherwise make available using the Service. This responsibility also includes Content that constitutes links to other websites or resources or other services provided by third parties that the Client uses.
  2. The Client declares that they have the rights and titles to the content, except for content originating from Astrafox resources.
  3. A Client who purchases access to the paid Application may consent to the inclusion of information about them in Astrafox’s marketing materials under the terms specified in the Agreement.

Customer Support and Complaints

  1. Astrafox provides Customer Support through client submissions via email: serwis@amodit.com, or by phone at: 22 355 21 36. Clients seeking assistance from the Customer Support Department should include at least the name of their Account in the submission.
  2. Clients have the right to submit complaints regarding the services provided by the Provider in the following forms:
    1. Electronically: serwis@amodit.com
    2. In writing: to the address: Astrafox Sp. z o.o., based in Warsaw, Poloneza Street 93, 02-826 Warsaw
    3. Contact form available on the website: https://amodit.pl/kontakt/
  3. Astrafox reserves the right not to respond to anonymous submissions or complaints.
  4. To ensure efficient handling of complaints, the complainant should provide the name of their Account, a description of the actual state of affairs, and the objection(s) regarding the services provided.
  5. Submissions and complaints are reviewed on business days within 24 hours.
  6. The Client is notified of the outcome of the complaint review in writing or via email to the address provided in the complaint.

Account Termination / Agreement Termination

  1. The Client may cancel access to both the paid and free Application at any time.
  2. To cancel the Service, the Client should send a request to delete the Application via email to poland@amodit.com or through an Astrafox Partner.
  3. Upon review of the cancellation request by Astrafox, the Client’s account will be blocked.
  4. Within 60 days from the date of blocking the Application, the Client may submit a written request via email to poland@amodit.com for the Application to be re-enabled. The condition for re-enabling the Application is the payment of fees for the entire period of suspended access.
  5. After the period specified in point 4 above, the Application will be permanently deleted from the Platform along with all the information and documents contained therein.
  6. Astrafox reserves the right to terminate the agreement with immediate effect or to block access to the Service, in whole or in part, in case of the Client’s violation of the Terms of Service, including but not limited to:
    1. Failure to pay the Service fees within the specified period,
    2. Engaging in prohibited practices,
    3. Violating the rules regarding the use of Astrafox trademarks and other intellectual property,
    4. Providing inaccurate or false information about themselves or failing to update this information when it changes,
    5. Transferring the rights and obligations under the Service agreement to a third party without prior written consent from Astrafox.
  7. The Client’s cancellation of the Application does not release them from the obligation to pay the already due fees and fees that will be charged in connection with the Client’s use of the Application until the agreement expires.
  8. Regardless of the reasons and the mode of termination of the agreement, the Client is not entitled to request a refund of payments made, either in full or in part.

Protection of Personal Data

  1. In the event that the User provides or shares personal data, the Administrator will process it in accordance with applicable laws and the Privacy Policy available at: https://amodit.pl/polityka-prywatnosci/.

Intellectual Property

  1. Amodit is a registered trademark owned by Astrafox in the territory of the Republic of Poland, other member states of the European Union, as well as in the United States. The Service, the Amodit Platform software, and the content available on the website https://amodit.pl/ (“Works”), such as texts, graphics, logos, button icons, images, audio clips, and applications, are the property of Astrafox or its Partners.
  2. The Client is prohibited from using the Works, as well as trademarks and designations that are the subject of rights belonging to Astrafox, unless such use results from the nature of the Service provided by Astrafox or if Astrafox gives written consent for their use by the Client.

Availability of the Service

  1. Astrafox reserves the right to:
    1. Change or modify the features of the Service, especially its updates, as well as modify or replace the equipment or software used to provide the Service at any time and without liability, provided that this does not have a significantly negative impact on the provision of the Service.
    2. Interrupt the Service due to technical reasons (e.g., failures, repairs, inspections, maintenance, equipment replacement) without liability. However, in the case of planned technical interruptions lasting longer than one business day, Astrafox will make every effort to inform the Client of this fact at least one day in advance. Planned technical interruptions will be conducted in such a way as to minimize inconvenience to the Client.
    3. Modify, add, or remove any documents, information, graphics, or other content on the website https://amodit.pl/ at any time.

Responsibility and Role of Astrafox

  1. The Client accepts the form and scope of the offered Service and the Amodit Platform without any warranties, either express or implied, provided by Astrafox.
  2. Astrafox provides Users with IT tools to facilitate communication between Users but is not responsible for Users’ behavior, nor for their failure to perform or improper performance of actual or legal actions in connection with activities on the Amodit Platform. Additionally, Astrafox is not responsible for the consequences of actions taken by Users and third parties that violate the provisions of the Terms of Service. In particular, Astrafox is not responsible for the non-conclusion or invalidity of contracts concluded between Users resulting from Users’ actions or omissions.
  3. Astrafox is not responsible for the truthfulness and reliability of the information provided by Users or the Users’ capacity to be a subject of legal actions.
  4. The Client bears sole responsibility for using access to the Platform.
  5. Astrafox is not liable for damages and lost profits (including data loss by Clients) caused by:
    1. Force Majeure,
    2. Third-party interference (including Clients), especially in connection with the use of the Application by third parties using Client’s login data obtained from the Client or in other circumstances beyond Astrafox’s control,
    3. External factors and malfunctioning of other systems (e.g., telecommunications networks) independent of Astrafox,
    4. Client’s failure to comply with the Terms of Service,
    5. Incorrect or false data provided by the Client during registration.
  6. Force Majeure refers to extraordinary, external events that cannot be predicted or prevented. Circumstances constituting Force Majeure include, in particular, epidemics, wars, natural disasters, strikes, failures, DDoS attacks, or other disruptions in the operation of telecommunications networks or IT infrastructure, as well as extraordinary governmental and administrative actions and actions of entities affecting the provision of Astrafox services, whose activities are independent of Astrafox.
  7. Astrafox is not responsible for any damages (indirect or direct) resulting from the loss of Client files or data stored on its servers; Astrafox exercises due diligence and, as part of the Service, performs backups of the Client’s Application, including all data and documents contained therein.
  8. Astrafox’s contractual and tort liability is limited exclusively to the direct losses incurred by the Client. Astrafox is not responsible for indirect damages, regardless of their source (particularly such as: loss of revenue, profit, interest, or other lost benefits, pure financial losses, losses resulting from other agreements related to the unavailability of the Service or parts of it), except in cases of intentional misconduct or gross negligence by Astrafox. Astrafox’s total liability, regardless of the number and basis of claims by the Client or third parties, is limited to the total amount paid by the Client for the Service in the month immediately preceding the date the Client submitted the claim to Astrafox. The Client hereby releases Astrafox from all obligations exceeding the above-mentioned limit.
  9. The Client releases Astrafox and its employees, collaborators, contractors, partners, and representatives from all liability related to allegations and claims made by third parties in connection with the Client’s use of the Service, the activity of its users, violation of these Terms of Service, laws, or third-party rights. 

Regulations on Electronic Document Signing

  1. To use the electronic document signing service in Amodit, Users must have an IT system that meets at least the following technical requirements:
    1. Internet access
    2. The ability to use a standard web browser, which, in case of intending to use an encrypted site for logging into Amodit, should support encrypted connections
    3. The ability to use software that can read files sent by individuals with whom the User communicates via Amodit in various formats
    4. Access to a configured email address provided during registration (hereinafter referred to as “Registration”) or account update.
  2. Using certain Platform functionalities may require meeting additional conditions, especially when using advanced or qualified electronic signatures, which may include having the appropriate device or service for electronic signing and a valid certificate issued by a provider offering suitably advanced or qualified trust services for issuing electronic signature certificates, as well as installed and properly configured software required by the trust service provider.
  3. Users of the electronic document signing service via the Platform can be natural persons who are at least 18 years old.
  4. Users, when using the Platform, may act on their behalf and for their benefit, or – within the scope of their authorization – on behalf of and for the benefit of legal entities or organizational units without legal personality. Users can use the Platform services and place electronic signatures.
  5. Electronic document signing does not require having an account on the Platform. Only the User who sends the document for signing needs to have an account, regardless of whether they are signing the document themselves.
  6. If the Platform allows entering third-party data (e.g., for recommendation or communication purposes), the User, by entering such data, declares that they have obtained the necessary consent from the person whose data they are entering for its use on the Platform and that they bear all responsibility for any unauthorized transmission of such data and will indemnify Astrafox from all possible claims.
  7. Users may use their Account:
    1. To make declarations of intent on their behalf
    2. To make declarations of intent on behalf of others, within their authorization, particularly as a representative or member of a business entity
    3. To participate in the document circulation process.
  8.  Astrafox provides Users with the following services:
    1. Electronic User Identification – involves obtaining, storing, and sharing information on how individual personal data of the User was verified and presenting the User’s status, based on which entities that are User’s contractors weigh the User’s credibility.
    2. Electronic Document Signing – involves confirming the submission of declarations of intent by Users, including mutual declarations of intent made towards each other by Users to conclude a contract or accept (authorize) the content of a document, and creating an electronic signature, advanced electronic signature, or qualified electronic signature on behalf of the User in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014, also giving it contextual significance such as marking as “signature” or “initial”.
    3. Electronic Document Sealing – ensures the integrity of the document content and authenticity of the document’s origin, creating and placing an electronic seal, advanced electronic seal, or qualified electronic seal on the document in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014, also giving contextual significance to the seal.
    4. Electronic Document Storage – involves storing documents on the Platform’s servers.
    5. Permanent Medium of Digital Document – involves storing or transmitting a document online in a way that prevents its modification and allows access to the information in the future, for an appropriate period, enabling the reproduction of stored information in an unchanged form, with the option of confirming the content by the consumer or business after receiving the document.
  9.  Users can create business accounts, i.e., accounts for natural persons conducting business activities, legal entities, or organizational units without legal personality (hereinafter referred to as “Companies”), within which Company data, a list of Users authorized to participate in document circulation (including making declarations on behalf of the Company), and activity history within Amodit are collected. It is prohibited to create Company accounts using the data of these entities without authorization to represent them or proper authorization from persons authorized to act on behalf of these entities.
  10. Users with Company accounts authorize Astrafox to use the name or designation (logo) of the business for which the account was created to mark the Account and the User, as well as to perform services specified in the Terms of Service and information activities about the provided services.
  11. Additional services, including the API service, may be provided within the Platform under the terms specified in the agreement concluded with the Client.
  12. If providing a specific service available on the Platform requires the involvement of a specialized entity (particularly a qualified trust service provider), such services will be provided by specialized entities under terms separately and specifically defined for the given service.
  13. Within their Account, Users can upload to the Platform’s server documents consisting of electronic files containing information that is, in particular, the subject of the declaration, agreement, consultation, or constitutes an offer to conclude a contract (hereinafter referred to as “files”). The maximum size of a single file, the available file formats, and the number of files that can be uploaded depend on the parameters assigned by Astrafox to the Account. The Platform allows viewing files in PDF, DOC, DOCX, XLS, XLSX, ODS, ODT formats.
  14. Users can specify files that will not be an integral part of the document for signing but will be available to designated recipients for viewing or downloading only.
  15. Users can designate other Users who will have access to the document’s content mentioned in point 1 and specify their role in the process of agreeing or accepting the content of files related to the document. Users can also designate a person who is not a User by providing their email address or phone number. In such a case, the designated person will be informed about their inclusion in the initiated document circulation process and the document’s content.
  16. All persons designated to make declarations of intent must be properly authorized to represent the entity for which the Company account was created. Astrafox is not responsible for the lack of appropriate authorization on the part of the persons authorized by the Company account administrator.
  17. By confirming the “Sign” option (or another option indicating acceptance), the User makes (as appropriate to the content of this option) a declaration of intent regarding the content expressed in the document, and the document is considered signed by the User.
  18. When all entities designated as “SIGNERS” confirm the “Sign” option, the document’s content is approved, and if the document constitutes a contract, the contract is concluded with the content specified in the accepted document. Each signing User’s Account will display an electronic version of the document with annotations on the dates and methods of signing and the data of the Users who signed the document.
  19. Within the Platform, Users are assigned a status corresponding to the method used to verify their personal data. Verification of Users’ personal data can be conducted through an identification service provided by third-party service providers, under a separate agreement (regulations), other than Amodit.
  20. Within Amodit, the following user verification methods may be available:
    1. Verification of access to the email account,
    2. Verification of data in a qualified electronic signature,
    3. Verification of access to the phone number (SMS),
    4. Verification via an identification service provided by a service provider other than Astrafox, under a separate set of regulations. 

Final Provisions

  1. Astrafox may change the Terms and Conditions at any time. The current version of the Terms and Conditions is available at: https://amodit.pl/regulamin-platformy-amodit/
  2. The applicable law for the agreement between the User and Astrafox, concerning the services provided by Astrafox within Amodit, is Polish law, unless EU consumer law specifies otherwise.
  3. The parties agree that any statements directed to the other party during the use of the Service may be made in the form of electronic correspondence, sent to:
    1. In the case of the Client – the email address provided in the registration form,
    2. In the case of Astrafox – to the address poland@amodit.com or via an Astrafox Partner.
  4.  In matters not regulated by the Terms and Conditions, the provisions of generally applicable law shall apply, in particular, the Civil Code, the Act on the Provision of Electronic Services, and Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014. Any disputes arising between Astrafox and the Client shall be submitted to the common court having local jurisdiction over the seat of Astrafox.
  5. These Terms and Conditions are effective from March 24, 2022.