TERMS OF USE

Effective date: November 04, 2024

Please read these Terms of Use carefully before using this website (hereinafter referred as “Website”).

These Terms of Use (hereinafter – “Terms”) govern your access to and use of the Website.

By using the Website, you accept these Terms and agree to comply with these Terms.

If you do not agree to these Terms, please refrain from using the Website. The Terms of Use cover rules for website usage, privacy rights, and limitations of liability.

1. Definitions

Capitalized Terms indicated below and used in these Terms of Use shall have the following meanings:

Administrator: Limited Liability Company registered under name “ENGIPULSE spółka z ograniczoną odpowiedzialnością”, with its registered headquarters address in Poland, Kraków (postal code 31-526), at 16/138 Czyżówka street, entered in the Polish Register of Entrepreneurs of the National Court Register (KRS) under the KRS number: 0001114490, REGON: 529082020, NIP: 6793303387, with share capital amounted 5000 PLN.
Website: The website operated by Administrator and published under the following URL: https://www.engipulse.com
User: Any individual accessing or using the Website.
Agreement: A digital service agreement between the Administrator and the User based on these Terms of Use.
Consumer: A natural person accessing the Website for purposes not directly related to their business or professional activities.
Downtime: A temporary suspension of Website services or specific features, required for technical reasons, such as maintenance, updates, or repairs.
Digital Content: Data produced and supplied in digital form.
Digital Service: A service that allows the User to produce, process, store, access, share, or interact with data in digital form.
Force Majeure: Any external event of an extraordinary or random nature beyond the control of both the Administrator and the User, including, but not limited to, strikes, riots, armed conflicts, natural disasters, and other unforeseeable circumstances.
GDPR: Regulation (EU) 2016/679, the General Data Protection Regulation, governing personal data processing.
Personal Data: Information relating to an identified or identifiable person, such as name, identification number, or contact details.
Processing: Operations performed on Personal Data, including collection, recording, storage, modification, and deletion.

2. General Provisions

2.1. Scope of Terms of Use
These Terms of Use set forth rules for using the Website, including the procedures and terms governing access to Website content and the rules for using services provided by Administrator through the Website.

2.2. Acceptance and Compliance
To use the Website, Users must agree to these Terms of Use.

2.3. Technical Requirements
To use the Website, Users need to have a compatible device (e.g., a computer, tablet, or smartphone) with an internet connection and a browser that supports JavaScript and cookies files. Users may need additional software to access certain Digital Content or Digital Services on the Website. If a User’s device or software fails to meet the requirements, Administrator does not guarantee the correct operation of the Website or Digital Content and Digital Services on it.

2.4. Amendments
Administrator may amend these Terms of Use for reasons including regulatory changes, updates in Website functionality, or technical requirements. Administrator will notify Users of changes by posting the updated Terms on the Website, effective 14 days from posting. If Users do not agree to changes, they may discontinue use of the Website and notify the Administrator about it via email or postal address.

3. Access to Website and Intellectual Property Rights

3.1. Access
Access to the Website is provided free of charge. Administrator may modify, suspend, or withdraw access to the Website without notice and will not be liable for any temporary unavailability.

User is also responsible for ensuring that anyone who accesses the Website through User’s device or internet connection is aware of these Terms of Use and that they adhere to them.

Administrator reserves the right to introduce temporary suspensions (Downtime) for technical reasons. In case of any planned suspension that may impact regular use, the Administrator will provide a notice on the Website.

The Website is intended for use by Users aged 18 and older and is not directed at Users under this age (hereinafter – “Children”).

Administrator does not knowingly collect personal information from individuals under 18 years old. If you are a parent or guardian and become aware that your child has shared any Personal Data with the Administrator, please contact Administrator via the following email address: [email protected]. If the Administrator learns that Personal Data from a child was collected without parental consent, the Administrator will promptly take steps to delete that data from Administrator’s systems.

3.2. Intellectual Property
The Administrator owns all rights to the Website, including copyrights. Legal protections, particularly under copyright law, cover all technical solutions, graphic elements, and components of the Website, as well as all materials and Digital Content made available or provided to Users as part of the Digital Services. Providing or sharing these materials with Users does not imply any grant or transfer of rights to them unless expressly stated otherwise by the Administrator.

Any copying, reprinting, or use of the materials or data available on the Website requires prior written consent from the Administrator. Specifically, it is prohibited to download, process, or use data and other information from the Website for redistribution on other websites, portals, or outside the internet, or in any manner that infringes on the Administrator’s interests.

The Administrator permits the User to temporarily download a single copy of the Digital Content on the Website for personal, non-commercial, and transitory viewing only. However, the User is prohibited from:

modifying or copying the Digital Content;
using the Digital Content for any commercial purpose or public display (whether commercial or non-commercial);
attempting to decompile or reverse engineer any Digital Content and/or software on the Website;
removing any copyright or proprietary notations from the Digital Content;
transferring the Digital Content to another entity or “mirroring” the materials on any server.

This permission will automatically terminate if the User violates these Terms of Use, and it may be revoked by the Administrator at any time.

Unauthorized use or duplication of Digital Content or software on the Website may result in legal action, immediate suspension of access of the User to the Website, and may require the return or deletion of any obtained Digital Content.

4. User Obligations

Users are responsible for:

Providing accurate information while interacting with the Website;
Using the Website in a lawful manner and respecting third-party rights;
Abstaining from posting unlawful, offensive, or misleading content, or content that infringes on the rights of others;
Avoiding activities that harm Administrator’s reputation or disrupt Website operations.

5. Privacy and Data Protection

Administrator is committed to protecting User privacy and processes Personal Data according to GDPR and relevant privacy laws. Administrator’s Privacy Policy (available under the following URL: https://engipulse.com/privacy-policy/) provides detailed information on data collection, use, and storage practices. By using the Website, Users consent to data processing in line with these terms and warrant that any data provided is accurate.

6. Liability Limitations

6.1. General Liability Disclaimer

The Digital Content on the Website is provided solely for general informational purposes and is not intended as advice on which a User should rely. Users should seek professional or specialist guidance before taking or avoiding any action based on the content of the Website.

Administrator disclaims liability for any interruptions, loss of data, or damages arising from User’s use of the Website.

6.2. Force Majeure
Administrator will not be liable for delays or failures due to Force Majeure events beyond Administrator’s control.

6.3. Exclusion of Indirect Damages
If the User is a business entity, Administrator disclaims liability for indirect losses, including loss of profits, revenue, business, or reputation, as well as other unforeseeable damages arising from the use of the Website.

6.4. Consumer Use Disclaimer
For Users accessing the Website as Consumers, Administrator provides the Website solely for private use. Administrator disclaims liability for business-related losses incurred due to Consumer use of the Website.

7. Digital Content and Services Agreement

7.1. Conclusion of Agreement

The Agreement for the provision of Digital Services mentioned in section 1 of these Terms between the Administrator and the User is established when the User begins browsing the Website content and terminates once the User stops using the Website.

To receive some of the Digital Content or Digital Services (e.g. “Newsletter” or other marketing materials), Users agree to provide personal data, which will be processed for marketing purposes. This agreement is completed once the User submits the respective Website form and/or confirms their request by clicking a verification link sent by the Administrator.

7.2. Delivery
Digital Content or Digital Services are delivered via email. For events organized by the Administrator, including real-time webinars, the Administrator may reschedule such events and notify Users of any changes.

7.3. Updates and Modifications
Administrator may update Website content to ensure compliance or enhance Website functionality, usability and completeness.

7.4. Complaints and Compliance
Users may submit complaints regarding Digital Content or Digital Service provided to them within 14 days of delivery. Administrator will respond within 14 days of receiving a complaint.

8. Cybersecurity

8.1. Protection
Administrator does not guarantee the Website is free from bugs or viruses. Users are responsible for configuring their devices for security, including using up-to-date antivirus software.

The Administrator is not liable for any loss or damage caused by viruses, distributed denial-of-service attacks, or other technologically harmful materials that may infect the User’s equipment, programs, data, or other proprietary material resulting from the User’s use of the Website or downloading any Digital Content from it or any linked website.

The Administrator assumes no responsibility for the content of websites linked to the Website, and such links should not be interpreted as an endorsement by the Administrator. The Administrator is not liable for any loss or damage that may arise from the User’s activities on any linked websites.

8.2. Unauthorized Access
Users must refrain from attempting unauthorized access to the Website or introducing harmful content or program code. Administrator may report such breaches to relevant legal authorities.

9. Complaints and Dispute Resolution

9.1. Submitting Complaints
Users may submit complaints regarding Website operation or services via email to Administrator’s contact email address [email protected] or in writing to the address of Administrator’s registration specified in this Terms. For efficient processing, Users should include their name, email address, a description of the issue, and the desired resolution.

9.2. Out-of-Court Dispute Resolution
After exhausting the internal complaint procedure, Consumers may seek out-of-court dispute resolution. Options include filing a request to the Consumer Court of Arbitration or using the EU ODR platform at https://ec.europa.eu/consumers/odr/. Access to out-of-court dispute resolution is voluntary, requiring agreement from both parties.

10. Applicable Law and Jurisdiction

10.1. Governing Law
These Terms of Use are governed by Polish law according to Administrator’s registered address. For business Users, jurisdiction is established based on the location of Administrator’s registered headquarters office, with the exclusive jurisdiction of Administrator’s local courts applying.

10.2. Transfer of Rights
Users may not transfer rights or obligations under these Terms of Use without Administrator’s consent.