Terms of Service
(hereinafter the "Terms")

§1 PRELIMINARY PROVISIONS

1. These Terms set out the rules under which the Service Provider provides the Service in the SaaS model (the "SaaS Service"), enabling access to the functionality of the Software via the internet.
2. The SaaS Service is provided by Yak Consulting sp. z o.o., with its registered office at Brzoskwiniowa 26, 55-020 Żórawina, Poland, KRS (company registration number): 0001182122, NIP (tax ID): 8961654267, REGON: 542155680.
3. Yak Consulting sp. z o.o. declares that it holds the exclusive economic copyright to the Software, with the exception of components that are libraries derived from open source software. The libraries are included in the Software and distributed as part of the Software in accordance with the terms of the licenses that govern their use.
4. The Service Recipient confirms that they have read these Terms, accept the provisions contained herein, and undertake to comply with them. Failure to accept the Terms makes it impossible to place an order and use the SaaS Service.

§2 DEFINITIONS

1. Service Provider – Yak Consulting sp. z o.o., with its registered office at Brzoskwiniowa 26, 55-020 Żórawina, Poland, KRS: 0001182122, NIP (tax ID): 8961654267, REGON: 542155680.
2. Service Recipient – an entity using the Service Provider's Service. Only a business (entrepreneur within the meaning of the applicable generally binding law) may be a Service Recipient.
3. SaaS Service – the service of access to the functionality of the Software, provided electronically by the Service Provider to the Service Recipient.
4. Software – computer software constituting a work within the meaning of the Polish Act of 4 February 1994 on Copyright and Related Rights, offered by the Service Provider via the internet in the SaaS model. The Software runs exclusively on the Service Provider's servers and devices. Access to the Software is provided via the HTTPS protocol. Using the Software requires placing an order and accepting these Terms. The login and password are created by the Customer during the registration process.
5. Web Service – the Service Provider's Software operating at the Service Provider's domain address and enabling the Service Recipient to access the SaaS Service.
6. Web Service ordering system – the part of the Web Service enabling the Service Recipient to place orders for the SaaS Service.
7. Order Form – a form available on the Service Provider's website enabling the Service Recipient to place an order.
8. Account – a dedicated part of the Web Service containing the Service Recipient's stored data (provided by the Service Recipient in the Registration Form), which the Service Recipient can access after logging in with their login and password.
9. User – the Service Recipient or a person authorized by the Service Recipient to use the Software made available by the Service Provider.
10. Login – the identifier of the Customer or of the Customer's user. The Login is a string of characters assigned to a User of the Software. The rights held by a given Customer in the system are assigned to the Login. Only one login with a given name may exist in the system.
11. Password – a confidential string of characters that allows the system to authenticate the user and gives the user access to the functions assigned to them in the software. A password is required for the Customer to log in and operate in the software. The Customer should not disclose the password to third parties and should use strong, unique passwords.
12. Servers – the devices on which the Service Provider's SaaS software is installed.
13. Browser – software installed on the Service Recipient's device used to display websites, required to use the SaaS software. Browser versions that ensure the correct operation of the Service Provider's Software: Google Chrome, Firefox, Microsoft Edge, Safari, Opera – up to three versions back, with JavaScript and cookies enabled.
14. Website – a website based on the SaaS software, which the Service Recipient customizes with their own graphic and text materials for their own needs.
15. Subscription Fee – the fee paid by the Service Recipient for using the SaaS Service, for the period indicated in the price list and at the rates specified in the Price List.
16. Price List – a document made available on the Service Provider's website, specifying the current fees for using the SaaS Service.
17. Electronic payment service – the operator PAYU.

§3 TYPE AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY

1. Under the conditions set out in these Terms, the Service Provider provides the Service Recipient, via the internet, with a service consisting of enabling the Service Recipient to use the functionality of the Software. In order to gain access to the SaaS Service, the Service Recipient:
   1. orders the service via the website (order form), providing the data necessary to set up the service and issue accounting documents (the Service Recipient's name, the Service Recipient's address, tax ID, the first and last name of a person authorized to represent the Service Recipient, and their phone number and e-mail address),
   2. accepts these Terms,
   3. activates the account by clicking the link in the activation e-mail,
   4. pays the subscription fee specified in the price list for the installation of the software and use of the SaaS system.
2. The fee is paid via the electronic payment service directly from the order page, or by bank transfer based on the details in the e-mail generated for the Service Recipient after placing the order.
3. Subsequent fees are paid via the electronic payment service directly from the order page at a time convenient for the Service Recipient. The Service Recipient is also informed by e-mail about the approaching expiry date of the service.

§4 TERMS OF PROVIDING SERVICES ELECTRONICALLY

1. The SaaS Service is provided (activated) for the Service Recipient after the Service Recipient has accepted these Terms and paid the fee due.
2. In order to use the SaaS software services, the Service Recipient:
   1. should have a computer device with the Windows, Android, Linux or an equivalent operating system installed,
   2. should have internet access guaranteeing uninterrupted access to the Web Service with a bandwidth of at least 1024 kb/s,
   3. should have a correctly configured web browser in a version no lower than that suggested by the Service Provider,
   4. should point the domain records to the IP address indicated on the Service Provider's website or sent by e-mail in the confirmation of receipt of the first subscription payment, if the Service is to operate under the Service Recipient's domain.
3. The Service Recipient's orders for the SaaS Service are accepted and registered by the Service Provider 24 hours a day, throughout the calendar year.
4. Orders for the SaaS Service that raise any doubts will be verified and may be cancelled by the Service Provider. The Service Recipient will be informed of this fact by e-mail sent to the e-mail address they provided.
5. Orders for the SaaS Service are fulfilled exclusively for business entities.
6. The subscription period is extended automatically upon confirmation by the online payment system or upon the payment being credited to the account.
7. If the subscription period is not extended, the account remains inactive for 2 months and is then deleted.
8. The Subscription Fee rates specified in the Price List available on the Service Provider's website do not include VAT (net prices).
9. After the subscription fee has been received, a VAT invoice is generated within 5 business days and can be downloaded after logging in to the Customer Account, in the "invoices" section.
10. The Service Provider is not obliged to refund the Service Recipient any payment made in advance if the Service Recipient resigns from using the SaaS Service, except where the activation of the SaaS Service is delayed beyond 5 business days from the date of receipt of the subscription fee, the Service Recipient does not agree to the delay, and cancels the order.
11. The subscription period begins after the end of the trial period or upon the expiry of the previously paid subscription.
12. In the event of non-payment, the service is blocked until the payment is settled. If no payment is made within 60 days of the issue date of the unpaid pro forma invoice, the SaaS Service is automatically terminated and the Service Provider deletes the contents of the Service Recipient's database and files from the server.
13. Changes to the Subscription Fee Price List are announced on the Service Provider's website by publishing the current Subscription Fee Price List. A change to the Subscription Fee Price List does not affect the amount of Subscription Fees paid by the Service Recipient before the amended price list was published.
14. The Service Recipient undertakes to respect the prohibition on providing unlawful content referred to in the applicable provisions on providing services by electronic means (in Poland: Article 8(3)(2)(b) of the Act of 18 July 2002 on Providing Services by Electronic Means). Furthermore, the Service Recipient undertakes not to take any actions aimed at disrupting the operation of the Web Service.
15. The Service Provider has the right to block the operation of the service if the Service Recipient violates the Terms, takes actions threatening the security of the Software, performs unlawful acts, acts to the detriment of the Service Provider, has provided false company data, or uses the service for purposes inconsistent with its intended use and/or contrary to the law, including providing unlawful content. The Service Recipient is not entitled to a refund for the period of the block.
16. The Service Provider is not liable for disruptions in the provision of the SaaS Service caused by force majeure, hardware failures, power outages, interruptions in internet connectivity, unauthorized interference by Service Recipients or third parties, faulty operation of telecommunications systems, or software installed on the Service Recipient's computer equipment.
17. The Service Provider's liability for damages related to improper performance of the SaaS Service may only cover actual damage. The Service Provider is not liable for loss of profits in the operation of the Customer's business, business interruptions, loss of business information or other pecuniary losses, or for any consequences of using information obtained through the software, loss of data, or indirect damage suffered by the Service Recipient. Any liability of the Service Provider for damages arising in connection with this service is limited to the amount of the Subscription Fee paid by the Service Recipient for the subscription period in which the improper performance of the service occurred. This limitation of liability applies regardless of the legal basis of the claim. The above limitation does not apply where full liability is prescribed by mandatory provisions of law.
18. The Service Provider is not liable for any damage resulting from the use, inability to use or faulty operation of the application, or from improper use of the software by the User/Customer, nor for damage resulting from the improper functioning of the Customer's computer equipment.
19. The Service Provider is not liable for damage caused by the Customer disclosing the Password or Login to a third party.
20. The Service Provider does not guarantee access to the Service at all times.
21. The Service Provider does not guarantee that the SaaS Service will meet all of the Service Recipient's expectations. It is in the Service Recipient's interest to familiarize themselves with the functionality of the Software before the provision of the SaaS Service begins.
22. The Service Provider may include on its websites links to content published on other websites or to the websites of Service Recipients. This does not mean that the Service Provider takes a position on the content published there or bears responsibility for it.
23. The Service Recipient bears full responsibility for any potential infringement of copyright, industrial property rights, personal rights and any other rights with respect to all materials (in particular graphics, photos, trademarks) uploaded by them to the Software or uploaded by the Service Provider at the Service Recipient's request.

§5 CONDITIONS FOR COMMENCING AND TERMINATING THE PROVISION OF SERVICES ELECTRONICALLY

1. The provision of the service by electronic means begins upon activation of the service by the Service Provider, which takes place immediately after the Service Provider has received the subscription fee paid by the Service Recipient in the amount due.
2. The subscription period begins on the day the SaaS service is activated or upon the expiry of the previously paid subscription.
3. The agreement for the provision of the service by electronic means is terminated upon the occurrence of one of the following events:
   1. the Service Recipient submits a notice of termination of the service, by e-mail to the Service Provider's e-mail address or in writing to the Service Provider's registered office address, effective as of the end of the paid subscription period,
   2. the expiry of the period for which the Subscription Fee was paid, unless the Service Recipient pays the Subscription Fee for a further period before the end of that period.
4. The Service Provider also reserves the right to restrict or deprive the Service Recipient of the right to use the services referred to in § 3 of the Terms, by blocking or removing the service, in the event of a violation by the Service Recipient of the provisions of these Terms or of generally applicable law, or in the event of refusal to accept updates related to ensuring the data security required by the legal system, including the GDPR; after first calling on the Service Recipient to cease the violations and the ineffective expiry of a 7-day period for complying with the Service Provider's request. If the Service Provider applies the above measures, the Subscription Fees paid by the Service Recipient are not refundable.
5. The Service Provider reserves the right to update the Software to a newer version.

§6 COMPLAINTS PROCEDURE CONCERNING AGREEMENTS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

1. Complaints regarding the services referred to in § 3 of the Terms, as well as those related to billing, may be submitted by the Service Recipient by e-mail to: info@foto.guru.
2. A complaint concerning non-performance or improper performance of the SaaS Service should include:
   1. the Service Recipient's contact details,
   2. a precise description of the irregularities in the provision of the service,
   3. the date of occurrence and duration of the reported irregularities.
3. Complaints regarding billing, including the amounts of Subscription Fees, should indicate: the invoice number, its issue date, and the irregularity found in the invoice.
4. Complaints will be considered by the Service Provider no later than within 30 calendar days of receipt of the complaint. If additional diagnostic actions are necessary, the Service Provider reserves the right to extend the above period by the time needed to perform those diagnostic actions. The Service Provider will inform the Service Recipient of the outcome of the complaint by e-mail sent to the e-mail address provided by the Service Recipient.
5. Complaints cannot be accepted where:
   1. the person submitting the complaint has not paid the Subscription Fee for the period to which the complaint relates and/or does not have the right to use the SaaS Service,
   2. the irregularity in the performance of the SaaS Service was caused by a failure of the operating system, other third-party software, or the computer hardware itself (computer, server, computer network) on which the SaaS Service is used,
   3. the SaaS service is used by the Service Recipient on equipment that does not meet the minimum system requirements or does not have the technical parameters enabling correct operation, including with regard to the volume of data processed,
   4. the complaint is the result of the Service Recipient's computer or computer network being infected by viruses, trojans or spyware,
   5. the cause of the complaint is problems with the Service Recipient's internet connection (its failures, insufficient connection parameters or instability; this applies in particular to mobile, radio or satellite connections),
   6. the cause of the complaint is loss of data after the end of the SaaS service period for which the Subscription Fee was paid,
   7. the cause of the complaint is the Service Recipient forgetting the password and/or login to the Account,
   8. the cause of the complaint is the disclosure by the Service Recipient of confidential data (login, password, network parameters, other) to unauthorized third parties,
   9. the complaint concerns loss of data after the end of the subscription period,
   10. the Service Recipient has not ensured the correct configuration of the Service Recipient's domain records pointing to the Service Provider's IP address,
   11. the Service Recipient has not ensured the continuous operation of the domain pointed to the Service Provider's IP address.

§7 CONFIDENTIALITY CLAUSE

1. The Service Provider irrevocably and unconditionally undertakes to keep Confidential Information, within the meaning of this section, strictly secret.
2. Confidential Information means all information (including information provided or obtained orally, in writing, electronically or in any other form) related to this Agreement, obtained during the negotiation of the terms of this Agreement and during its performance, regardless of whether it was made available to the Service Provider in connection with the conclusion or performance of this Agreement or obtained on that occasion in another way, as well as all non-public information about the Service Recipient's activities and about entities with which the Service Recipient cooperates or has cooperated, which is provided to the Service Provider or which the Service Provider comes into possession of, directly or indirectly (Confidential Information).
3. The Service Provider may not disclose, make public, transfer or otherwise make available to third parties, or use for purposes other than the performance of this Agreement, any Confidential Information.
4. The confidentiality obligation does not apply to Confidential Information that was obtained from a third party authorized to provide such information, whose disclosure is required under mandatory provisions of law or at the request of competent authorities, or which is publicly known.
5. The confidentiality obligation referred to in this section binds the Service Provider for the entire term of this Agreement and for a period of 5 years after its expiry and/or termination.

§8 DATA SECURITY

1. The Service Provider takes all measures necessary to protect the Customer's data and any other data entered by the Customer into the Software.
2. The Service Provider undertakes not to make the data entered by the Customer available to third parties.
3. The Service Provider is not responsible for the content of the data entered into the Software by the Customer.
4. While using the Service, cookies may be installed in the User's IT system. Cookies are used by the Service Provider for, among other things, statistical purposes. By default, web browsing software allows cookies to be placed on the end device. These settings can be changed to block the automatic handling of cookies in the web browser settings or to notify the user each time cookies are sent to their device. Detailed information about the options and methods of handling cookies is available in the software (web browser) settings. Restricting the use of cookies will affect some of the functionality available on the website.

§9 PERSONAL DATA

1. Upon accepting the Terms and starting to use the Service, the Service Recipient consents to the processing of their personal data by the Service Provider. The Service Recipient warrants that this consent also covers all of the Service Recipient's Users.
2. The controller of personal data is the Service Provider, which processes the personal data of Users in accordance with the law, including in particular the GDPR and the applicable provisions on personal data protection and on providing services by electronic means.
3. The Service Provider processes the Service Recipient's personal data to the extent necessary for mutual cooperation, activation, commencement of provision, modification, termination and proper performance of the Service and operation of the Software, marketing analyses, and settlements with the Customer.
4. The Service Recipient has the right to access the processed personal data at any time, as well as the right to correct it, transfer it, and request its deletion.

§10 INTELLECTUAL PROPERTY RIGHTS

1. The content made available in the Web Service and the Software, the trademarks, company names, logos, photos and multimedia used in it, and all other works within the meaning of the Polish Act of 4 February 1994 on Copyright and Related Rights, enjoy the protection provided for by generally applicable law.
2. Using the Web Service and the Software does not mean acquiring any intellectual property rights to the works contained in the Web Service. In particular, it is prohibited to copy, distribute, use or modify any components of the Web Service and the Software without the prior written consent of the Service Provider.