InStream.io services Terms and Conditions
InStream.io services Terms and Conditions
Art 1. Scope of Terms and Conditions
1) This document settles the principles of functioning and using the services of the www.instream.io platform maintained by the company under the name Sales Essence spółka z ograniczoną odpowiedzialnością [limited liability company].
2) This document is addressed at Users – natural persons, legal persons or organizational units holding active account at the Platform.
3) These Terms and Conditions are the terms and conditions mentioned in Article 8 of the act on providing services by electronic means. The Terms and Conditions, apart from being sent via e-mail to the e-mail address indicated by the User, are available in the current version at the website www.instream.io/en/terms.
Art 2. Definitions
1) Administrator – the owner of the Platform – www.instream.io/en/terms with its registered office in Poznań, ul. Obornicka 330, 60-689 Poznań, Tax Identification Number [NIP] 9721252618, National Business Registry Number [REGON]: 360504701, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under number [KRS] 0000546547, with share capital in the amount of PLN 40,000.00 phone number: +48 (61) 625 0705.
2) Entrepreneur – should be understood as a natural person, legal person or organizational unit which is not a legal person and which is granted with legal capacity under the act of 23 April 1964 Civil Code (Journal of Laws No. 16, item 93, as amended), running business or professional activity on its own account.
3) Software – should be understood as a deliverable under the provisions of the act of 4 February 1994 on copyright and related rights (Journal of Laws of 2006, No. 90, item 631, as amended, hereinafter referred to as the “act on copyright”), being computer software, enabling access to services purchased by the User, the use of particular Products or functionalities of the Platform within the framework of the granted license.
4) Product – Device, Service or law which may be the subject matter of the Order.
5) Account – space at the Platform available after signing in (giving the login and password), at which the Client may enter and modify its personal data.
6) Terms and Conditions – should be understood as these Terms and Conditions for providing services and using the Platform.
7) Platform – www.instream.io website along with Software, through the intermediary of which the Administrator provides the services.
8) Agreement – agreement for using InStream concluded between the Administrator and the User.
9) Service Provider – Administrator or another entity – natural person or legal person running activity in the scope of Products offered by the Platform.
10) ADMIN User – natural person, legal person or organizational unit holding an active Account at the Platform, which concluded an Agreement with the Administrator on principles defined in the Terms and Conditions. Only an Entrepreneur may be the Platform User on principles defined herein.
11) User – natural person, legal person or organizational unit which obtained access to the Platform granted by ADMIN User on principles defined in these Terms and Conditions. Only an Entrepreneur may be the User.
12) Client – ADMIN User or User
Art 3. General provisions
1) The use of the Platform means the acceptance of these Terms and Conditions and the commitment to observe the provisions hereof and relevant additional regulations and other documents.
2) The Terms and Conditions and other documents define the conditions on which the Administrator and the Service Provider provide services.
3) Whenever a notification, notice, expression of consent or any other form of contact with the Service Provider is mentioned in the content hereof, this means sending an e-mail by the Administrator or the Service Provider to the address mentioned in the preceding section, unless stipulated otherwise in special provisions of the Terms and Conditions.
4) Accepting the Terms and Conditions and additional regulations, if accepted by the User, the User expresses consent for being sent any information connected with the performance of these Terms and Conditions or additional regulations to its e-mail address.
5) Any information concerning the Platform and Products, including in particular the Terms and Conditions, additional regulations, catalogues, folders, brochures, other information or advertising materials, as well as information contained at the Platform, addressed at Clients by the Service Provider, does not constitute an offer under Article 66 section 1 of the Civil Code.
6) Competent, authorized entities are entitled to all reserved names and trademarks and they are mentioned solely for the purpose of unequivocal identification of Services or Products.
7) The Administrator is entitled to the rights to the logo and name of the Platform and the said rights are subject to legal protection. Any use of the logo and the name of the Platform or the content of the Platform entered by the Administrator or the Service Provider as well as the Administrator’s name, apart from the situations defined by commonly applicable legal provisions, is forbidden.
8) The Client cannot use the Products in a manner violating the rights of third parties.
Art 4. Services provided
1) The Platform enables the use of tools which allow for managing Clients’ contacts and correspondence as well as to organize work in an enterprise.
2) Holding one’s own Account at the Platform is voluntary however the use of complete functionality of the platform requires the payment of a fee in accordance with the price list.
3) The Agreement is concluded in a situation of successful completion of the registration process and opening the Account. Within the first 14 days after the registration, the Administrator grants a free-of-charge license for the use of the Platform on principles defined in Art 10. of the Terms and Conditions. Within the trial period the ADMIN User has the access to all functionalities of the Platform. In such a case the Agreement is concluded for the period of 14 days. After that period the Agreement expires and its renewal is possible upon clicking the button “Extend Subscription”.
4) Repeated access to the Platform is activated within 24 hours. The Agreement is extended this way. The Agreement is concluded for indefinite period of time. It is terminated at the moment of deletion of the Account.
5) The access to the Platform is possible upon the payment of the fee mentioned in Art 9. of the Terms and Conditions. The User may indicate e-mail addresses of any persons, granting the status of a User to them.
6) ADMIN User is entitled to use all tools available at the Platform as well as it can grant the Users with the rights to use the Platform.
7) A Client using the Platform is not entitled to:
a) disseminate, distribute and market the Platform in whole or in parts,
b) interfere with the Platform content,
c) delete the owner markings and technical protections.
8) In case if an entity other than the Administrator is the Service Provider of a given Product, the Product party indicates necessary data to the Service Provider along with the mailing address.
Art 5. Registration
1) Only an Entrepreneur which accepted the Terms and Conditions and carried out the procedure of registration on the Platform, completed with the opening of an account, may be the Platform User.
2) The acceptance of the conditions of these Terms and Conditions by ADMIN User, performing the registration and clicking the Account activation link is the basis for the use of the Platform.
4) The password entered during registration is individually defined by the User. It should meet minimum conditions of correctness with respect to the length, lowercase and capital letters and digits. The Administrator has no access to the password.
5) Upon filling in and accepting data mentioned in Art 5. 3), an activation link will be sent to the indicated e-mail address, the activation of which will activate the User account and simultaneously complete the registration procedure.
6) ADMIN User is obliged to give their real data. The detection of implementation of incorrect data may result in indefinite blockade of the Account.
7) The completion of the registration procedure constitutes granting, by the Administrator to the User, of a license for the use of the Platform on principles defined in Art 10. of the Terms and Conditions.
8) ADMIN User is obliged to update data included in the registration form, necessary for making payments or issuing a VAT invoice, each time it is subject to a change.
10) The registration on the Platform means that the User expresses consent for receiving the Newsletter, commercial, advertising and marketing information from the Administrator, Service Provider and their business partners. The User may, at any time and without giving the reason, resign from receiving the said Newsletter and information by sending a statement on resignation from receiving thereof to the Service Provider’s e – mail address: firstname.lastname@example.org.
Art 6. Principles of using the Platform
1) After registration at the Platform on principles defined in Art 5. of the Terms and Conditions, ADMIN User defines the name of the organization under which it will act on the Platform, indicates its e-mail accounts which it wants to synchronize with the Platform by giving each time data for signing in, for each of them (e-mail address and the password). ADMIN User may add successive e-mail accounts, which it wants to synchronize with the Platform as well as social media from the Account level, in “Settings” sheet.
2) For the purpose of completion of the process of synchronization with the account/social media mentioned in Art 6. 1) above, an activation link, clicking of which will result in its synchronization with the Platform, will be sent to the address of the indicated e-mail accounts. The Administrator has no access to logins and passwords given during synchronization.
3) ADMIN User may grant access for unlimited number of Users to the organization created by itself at the Platform.
4) In order to invite Users to the organization created by ADMIN User, one should indicate, in the “Settings” sheet, e-mail address of the User which they want to add.
5) An invitation with an activation link will be automatically sent to the User’s e-mail address. After clicking the link, the User will be directed to the account opening window at the Platform.
6) The User fills in their name and surname, e-mail account address and the password to the said address for the purpose of synchronization with the Platform.
7) An activation link, the clicking of which will result in the synchronization of the e-mail address with the Platform, will be sent to the e-mail address mentioned in Art 6. 6) above.
8) ADMIN User has the right of insight into all content placed at the Platform by the Users invited by it.
9) ADMIN User may give access to all or some content entered at the Platform by itself or Users to selected Users, within the framework of its organization, as well as to grant additional administration rights.
10) The User may disclose all or some data entered by itself to other Users within the framework of a given organization, provided that it obtained such rights from ADMIN User.
11) The Client has the possibility of changing its personal data after signing in the Platform by means of the Account edition in the sheet “Organization Settings”.
12) The Client cannot disclose data which enables third parties to log into the Account.
13) The Client is forbidden to:
a) place explicit, illegal, indecent, profaning, offensive content or content violating the principles applicable in the society in another way,
b) propagating content which violates or may violate personal goods of persons or their other rights, including copyright,
c) use of threats or invectives,
d) placement of any content of illegal nature, in particular content provoking racial, ethnic, denomination-related hatred, containing erotic or pornographic content, praising fascism, Nazism, Communist era, propagating violence, offending religious feelings, offending religious/national symbols,
e) placement of contact details (outside the fields intended for this purpose),
f) use of programmes (bots) generating Platform inquiries – any actions of this kind may be considered DoS (Denial of Service),
g) violation of generally accepted Netiquette rules,
h) performance of any actions which may hinder or destabilize the operation of the Platform,
i) removal of technical protection measures applied by the Administrator,
j) without prior written consent of the Administrator, the transfer of rights and obligations resulting from the Agreement on third parties,
k) establishment of rights on the rights resulting from the Agreement.
14) The Administrator may impose on the Client temporary blockades for the use of the part or whole Platform for the failure to follow the Terms and Conditions. If the Client holds a few Accounts, the blockade may be applied to all their Accounts.
15) The Administrator shall not incur liability for damages for any losses or damage which occurred as a result of blocking the Account or deleting it.
Art 7. Technical requirements
1) The Platform or the Software may contain such elements as:
c) In order to use the Platform it is necessary that the Clients have active Internet connection and Internet browser enabling the display of websites, a personal computer (PC) or a mobile device with at least the following parameters:
(i) for the computer:
2 GB RAM
procesor Intel® Core™ i3 and higher,
internet acces :10mbit+
(ii) operational system:
- Windows 7 i 8
Google Chrome 40.0.2
Mozilla Firefox 35.0.1
(vi) Minimum browser window size:
- 1200 px
Art 8. Services provided
1) It is necessary to pay the subscription fee in whole to use the Platform. ADMIN User may place an Order, through the intermediary of the Platform, for the access to the Platform 24 hours a day.
2) In case of activation of the link mentioned in Art 5. 5) and clicking the button “Order subscription”, the Agreement with the Administrator, for indefinite period of time, is concluded.
3) The access to the Platform is possible via the Internet, on the principles of the paid use of Software located at the Platform, owing to which it is possible to: trace and monitor communication within the framework of synchronized e-mail box, sharing the relation between users, commenting, managing the calendar, setting reminders, gathering client data.
4) The use of the full version of the Platform is possible only upon prior signing in at the Platform. The Client is responsible for keeping its data, which enables to log in, confidential.
5) The Client using the full version of the Platform also obtains access to Help Desk technical support from 8.00 to 18.00 CET.
6) Technical support is provided:
a) by phone – valid phone numbers are given at the Platform (cost of a call as per rates of phone operators is incurred by the User unless a free-of-charge line is given at the Platform),
b) by e-mail
(i) valid e-mail addresses are given at the Platform,
(ii) Messenger at the Platform, available for direct contact with Help Desk,
(iii) filling in an interactive form at the Platform.
7) Any data entered by the Client using the services through the intermediary of the Platform is stored at the Administrator’s server.
8) Data entered by the Client is available during the use of the Platform by the Client. In case of expiry or termination of the Agreement this data is stored at the Platform for the period of 12 months and after that time any data entered by the Clients are deleted irretrievably.
9) Within 6 months mentioned in Art 8. 8) after repurchase of the access to the Platform, the Clients will have the access to the entered data again.
10) ADMIN User may, at any time, cancel the use of the service on principles defined in the Terms and Conditions.
Art 9. Price list and other costs
1) Prices given at the Platform in the price list are expressed in USD.
2) ADMIN User undertakes to pay the amount indicated in the price list for the access to the use of the Software license by it and by each approved User. Value added tax (VAT) should be added to that amount as per valid rate, in accordance with the applicable law.
3) In case of the first 14 days after opening the account, the access to the Platform is free of charge.
4) After the expiry of 14 days mentioned in Art 9. 3) the service shall be switched off by the time of activation of the button “Extend Subscription” by the User. The access to the Platform is re-activated within 24 hours.
5) The price for the settlement period in which the ADMIN User used the Platform is determined depending on the number of Users with active account in a given settlement period. In case if the User’s access to the Platform does not last the entire settlement period, the User is obliged to pay the price proportionally for each day in which the User had the possibility of using the Platform.
6) One calendar month is considered the settlement period mentioned in Art 9. 5). The first settlement period lasts from the moment of effective extension of the subscription mentioned in Art 9. 4) by the end of a given month – the price for using the Platform in this period is calculated proportionally for each day in which the Client was actively registered at the Platform.
7) Payments for services rendered by the Service Provider are made on the basis of an issued VAT invoice. ADMIN User expresses consent for sending the VAT invoice via e-mail, without signature.
8) In case of the failure to pay for the access to the Platform within the time limit indicated in the invoice, the access to all functions of the Platform is blocked.
9) ADMIN User has the possibility of the service reactivation at any time.
Art 10. License
1) In case of acceptance of these Terms and Conditions and additional regulations and other documents, the Service Provider who is entitled to proprietary copyrights to the Platform and Software on the basis of which the Administrator renders services, grants the User, for the term of the Agreement, with the license for the use of the Software in accordance with its intended use and nature, for personal use in accordance with these Terms and Conditions and additional documents without the right to modify it.
2) The license granted by the Service Provider entitles the User only to the use of functions defined in the Software and to the use of the Platform.
3) The license is of non-assignable and non-exclusive nature.
4) On the basis of the granted license the User is not entitled to:
a) use the Platform in a manner not in compliance with the law or good practice, in particular to store legally forbidden materials on the Platform, including materials, the storage of which could violate the rights of third parties.
b) store, at the Platform, classified information or information the storage of which is not in compliance with the law,
c) use the Platform for the purpose of violation of company secret, professional secret, telecommunications secret, banking secret or other secrets protected by the law,
d) disseminate or render available, in any way, downloaded data constituting an element of the Platform or Software to third parties,
e) download or multiply data constituting an element of a website or software with respect to which the Service Provider is entitled to exclusive copyrights, for purposes other than the performance of agreements concluded within the framework of the Platform, in particular for the purposes of third parties,
f) disseminate, multiply, copy, disclose, lease, rent or let on hire data contained on the Platform, Software to third parties, irrespective of the form,
g) translate, adjust, change the layout or make any changes in the Software, including deletion of possible errors thereof,
h) grant a sublicense,
i) make decompliation, deassembly, modification and reverse engineering of data constituting an element of a website or Software,
j) make a copy of the Software.
5) The User obtains the license for the use of databases created by itself or Users, depending on the access to the granted license.
6) The administrator does not incur liability for surety and guarantee for the use of the Software by ADMIN User and the User.
7) The Administrator incurs liability only for damage incurred by the User caused by the Administrator, up to the amount of the subscription purchased by the User for the last settlement period.
Art 11. Complaint procedure
1) In case of occurrence of irregularities concerning the functioning of the Platform, the Client is obliged to immediately notify the Administrator about that fact.
2) Any complaints may be placed: in person, in writing, via mail to the following address of the Administrator: Sales Essence spółka z ograniczoną odpowiedzialnością with its registered office in Poznań at ul. Obornicka 330, 60-689 Poznań or via e-mail: email@example.com. Any contact details of the Service Provider necessary for placing the complaint, including e-mail address are also available at the Platform.
3) Each complaint should include at least:
a) the User’s contact details such as: name and surname, mailing address, e-mail address or phone number,
b) determination of the date of purchase of the access to the Platform, kind and description of irregularities in rendering the service,
c) determination of the complaint demand.
4) The Service Provider undertakes to consider the complaint without undue delay, however not later than within 14 (in words: fourteen) business days from the date of placement thereof.
5) In special cases the time limit for the consideration of the complaint mentioned in Art 11. 4) may be subject to extension by another period of 14 business days in particular if due to the complexity of the subject matter of the complaint, the consideration is not possible within the first period of 14 business days.
6) A response to the complaint will be sent to ADMIN User, to the e-mail address given in the complaint or, if the complaint was placed in the written form, to the address indicated in the complaint letter or, if such an address was not given, to the e-mail address given in the registration form or changed in the course of the use of the Platform by the User.
7) In case of positive consideration of the complaint, the Administrator shall commence the remedy of the defect.
Art 12. Termination of the Agreement
1) The User has the right, at any time, to terminate the Agreement unless the otherwise stipulated in the Terms and Conditions of providing services. The statement on the Agreement termination may be submitted to the Administrator via e-mail to the e-mail address: firstname.lastname@example.org, via registered mail to the address of Sales Essence spółka z ograniczoną odpowiedzialnością with its registered office in Poznań (60-689), ul. Obornicka 330, or in person to the address of the Administrator’s office.
2) Upon receipt, by the Administrator, of the statement on the Agreement termination within time limit not shorter than 2 weeks from the end of the complete settlement period, the service will be deactivated as of the end of the calendar month and the ADMIN User’s Account will be deleted.
3) In case if the statement on the Agreement termination is submitted within time limit shorter than 2 weeks from the end of the settlement period, it is effective as of the end of the next full settlement period.
4) The Administrator shall not charge any additional fees for the termination of the Agreement.
5) The Administrator has the right to terminate the Agreement, upon notice, with immediate effect, if the Client violates the principles of the use of the Platform, defined in the Terms and Conditions and additional regulations.
Art 13. Indemnity
1) Any actions of the Clients within the framework of the Platform should be in compliance with legal regulations applicable at the territory of the Republic of Poland and good practice commonly accepted on the Internet, including in particular the placement of content of illegal nature by the Users is forbidden. The Clients’ behaviour should also be in compliance with these Terms and Conditions.
2) Only at the Administrator’s explicit consent can the Client copy, multiply or in any other way use, in whole or in part, the information, data or other content placed by the Administrator on the Platform.
3) The Administrator does not incur liability for the method of use and data entered on the Platform by the Client or a person acting on behalf of the Client as well as the effects of the use of the Platform, if such use was in a manner contrary to the provisions of these Terms and Conditions.
4) The Administrator does not incur liability for damage incurred by the Client or a person acting on the Client’s behalf, caused by hazards occurring on the Internet network, independent of the Administrator. Moreover, the Administrator does not incur liability for interruptions in providing access to the Platform which occurred for technical reasons (e.g. in connection with maintenance, inspection or equipment replacement) or for reasons not attributable to the Administrator or the Service Provider.
5) The Administrator reserves the right to cease providing services through the intermediary of the Platform, upon prior notifying the Platform ADMIN User about it.
6) The Administrator does not incur liability for services provided through the intermediary of the Platform by third parties which provide services for Users on their own behalf and on its own account, on principles and under the agreements concluded with the Administrator or its business partners. Determination of the rules of rendering such services is the responsibility of the entity rendering the services and that entity is exclusively liable for the services. Possible complaints addressed at the Administrator or the Service Provider in this respect will be transferred to these entities.
7) The Administrator reserves that the functional scope of the Platform may be changed and updated by the Administrator at any time, with the consideration of the Administrator’s obligations resulting from the agreements concluded by these entities with ADMIN Users. The Administrator shall make effort to inform, through the intermediary of the Platform, about each change of the functional scope of the Platform in advance.
8) The Service Provider does not incur liability for unavailability of the service or its incorrect functioning caused in particular by:
a) specific nature of the Internet network functioning, in particular interruptions or delays in transmission,
b) flow management mechanisms applied by the Internet network suppliers,
c) other technical aspects which the Service Provider has no impact on despite exercising due care in the method of performance of services connected with the Platform,
d) interruptions in the operation of the Platform in case of technical and maintenance works,
e) defective functioning of IT systems not administered by the Administrator and necessary for giving access to and correct operation of the Platform.
9) The Service Provider does not incur liability for defectively performed functions of the Platform, including in particular the ones which are the result of wrong data entered by the Client.
10) The Administrator does not incur liability for errors in data entered by the Clients into the Platform.
11) The Administrator does not incur liability for damage caused, being the result of the use of the Platform by the Users.
Art 14. Data safety
1) Processing of Client Data given in the Registration process and data rendered available on the Account rendered available by the Client is done at the Client’s request.
3) Client personal database is subject to legal protection.
4) The Administrator guarantees complete confidentiality of Client data entered into the Platform, in particular it will not be rendered available to unauthorized persons.
5) The Administrator guarantees complete data confidentiality.
6) Each Client has the right to view their personal data processed by the Administrator, the right to correct data and the Client may demand that the data processing is discontinued by deletion from personal database. Explicitly expressed statement of will on the demand for discontinuation of personal data processing or deletion of personal data addressed at the Administrator constitutes the basis for the deletion of the Account.
7) Performing the correct Registration the Client expresses consent for the use of their personal data and information by the Administrator for marketing, information and statistical purposes as well as for the purpose of publication in such media as the Internet, telecommunications networks, press, radio, TV, mobile and stationary telephony, whereas publication in media may take place only in such a way that the presented information does not allow for linking with the name and surname or the method of direct contact with the User. The aforementioned consent, in case of expressing a separate consent, may also relate to allowing the Administrator for disclosing personal data to the Administrator’s business partners for the aforementioned purposes.
8) During the registration the Client expresses consent for gathering, processing and using data given, including e-mail address, by the Administrator for the purpose of advertising, market research or client behaviour and preference research, with the intended use of the research results for the purposes of improving the quality of services rendered by the Administrator in accordance with the act on providing services by electronic means.
9) Sales Essence spółka z ograniczoną odpowiedzialnością with its registered office in Poznań at ul. Obornicka 330, 60-689 Poznań, Tax Identification Number [NIP] 9721252618, National Business Registry Number [REGON]: 360504701, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under number [KRS] 0000546547, with share capital in the amount of PLN 40,000.00 is the personal data Administrator.
Art 15. Final provisions
1) Any disputes which may occur in connection with these Terms and Conditions shall be solved by negotiations between the Parties which undertake to act in good faith. In case if the procedure mentioned in the preceding sentence turns out ineffective, the dispute shall be presented for examination by common courts with competent jurisdiction for the Administrator’s registered office.
2) To matters not settled by these Terms and Conditions the provisions of the Polish law, including in particular:. the Act of 23 April 1964 Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended), the act of 29 August 1997 on personal data protection (Journal of Laws of 2002 No. 101, item 926, as amended), the act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No. 144, item 1204) and the act of 4 February 1994 on copyrights and related rights (Journal of Laws of 2006, No. 90, item 631, as amended) shall apply.
3) Any comments, opinions, information on the violation of the Terms and Conditions should be sent to the e-mail address: email@example.com
4) Considering, in a manner provided for by the law, particular provisions of these Terms and Conditions invalid or ineffective does not impact the validity or effectiveness of the remaining provisions of the Terms and Conditions. A rule as close to the purposes of the invalid provision and the entire Terms and Conditions shall be applied in the place of invalid provision.
7) In case of non-conformity between the provisions of the Terms and Conditions and the provisions of regulations for the use of particular services of the Platform, the provisions of those regulations precede.
10) These Terms and Conditions come into force on 03.08.2015.