Terms of Service
Last update: May 24th, 2018
Regulations on providing services via electronic means
- These Regulations provide general terms and conditions of providing services contained in the offer of “tagtog” website, available in the domain tagtog.net .
- These Regulations are made in accordance to applicable law provisions, in particular the following:
- Civil Code – Act of 23 April 1964 (Polish Journal of Laws of 1964, No. 16 item 93 as amended) (hereinafter referred to as the Civil Code)
- Act of 18 July 2002 on providing services by electronic means (Polish Journal of Laws of 2002, No. 144, item 1204 as amended) (hereinafter referred to as the Act on Providing Services via Electronic Means);
- Act of 4 February 1994 on copyright and related rights (uniform text: Polish Journal of Laws of 2006, No. 90, item 631 as amended) (hereinafter referred to as the Act on Copyright).
- Act of 29 August 1997 on personal data protection (uniform text: Polish Journal of Laws of 2002, No. 101 item 926 as amended) (hereinafter referred to as the Act on Personal Data Protection).
- Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (GDPR).
- Terms used herein shall have the following meaning:
- Application – software made available by the Service Provider as a service, via which a User may (i) manage the Project’s Settings to personalize how to process the text they import (ii) import text (iii) perform activity analysis regarding the results provided by the Service Provider (iv) make payments to upgrade or renew their account type.
- Personal Data – personal data within the meaning of the GDPR.
- Registration Form – electronic registration form enabling to create an Account and to register a User on the Website for the purpose of using the Services.
- Password – individual sequence of characters selected by a User, whose purpose – together with Login – is to log in the Account. A Password must consist of at least 7 characters.
- Consumer – a natural person performing a legal deed not related directly to their business or professional activity.
- Account – individual User’s Account, created by the Service Provider in relation to Registration, authorizing the User to use Services provided by the Website. Each User Account has associated a plan that identify the services the User is entitled to.
- Plan - level of Service provided for each User. There are three types of plans: Start, Medium, Large.
- Price-List – document available on the Website, providing amounts of fees for using Services included in the content of a given Plan. The Price-List constitutes the offer to conclude the Agreement. Prices indicated in the Price-List are binding until new prices are published in the Price-List.
- Payment – activity consisting in paying the price of the selected Plan as provided in these Regulations.
- Subscription Period – period during which paid Services are provided by the Service Provider to a User within the frame of a selected Plan.
- Subscription Fee – remuneration for Services provided within the frame of a selected Plan. Subscription Fees for Plans are specified in the Price-List.
- Login – User’s electronic mail address, used together with the Password to log into the Account.
- Service – performance received by a User under an agreement for the provision of services concluded by the Parties, in particular consisting in making available to the User certain tools available within the Application.
- Service Provider – tagtog Sp. z o.o. having its seat in ul. Mostowa 1, 80-778, Gdańsk, Poland. KRS No. 0000700114, tax ID (NIP) 5833269042, the Website owner, providing services via the Website without simultaneous presence of the parties using telecommunication network.
- User – a natural person having full capacity for acts in law, legal person or an organizational unit having no legal personality but having legal capacity, who performed Registration and concluded with the Service Provider an Agreement allowing to use the Services.
- Agreement – agreement on providing services via electronic means whose subject are Services specified in the Website. The Agreement is concluded upon the Registration.
- Project – collection of text documents imported by the User to the Service Provider along with a set of settings defining the analysis tasks to be performed by the Service.
- Project’s Settings – Application functionalities enabling the management of a Project.
- Regulations – these Regulations.
- Registration – activity consisting in submitting appropriate data, including Personal Data, and filing an appropriate declaration of will, resulting in conclusion of an Agreement and establishing an Account.
- Website – tagtog website run by the Service Provider, available in the domain tagtog.net.
- API - tagtog Application programming interface run by the Service Provider, available under the domain tagtog.net.
- Text – any object that can be read imported by a User into the Service Provider. This data is imported by uploading it using the Application. The text is imported via electronic means through the Website or API in different formats: plain text, HTML, XML, reference ID, etc.
- Document - Text along with Annotations added by the User.
- Annotation: metadata attached to a specific fragment of Text.
- Party – the Service Provider or a User.
- Parties – the Service Provider and a User.
General terms and conditions on providing services by electronic means
- The Services are provided with use of a tele-informatic system, ensuring processing and storing, as well as sending and receiving data via telecommunication networks, in accordance with the Act on Providing Services via Electronic Means.
- Content of the Website is protected by law.
- The Website, the API, the Application and Services may be used only in accordance with rules and principles provided in these Regulations.
- In order to use the Website the User should have a computer or a device with an installed software allowing to browse web pages, and access to Internet with minimum 512 kb/s transfer function. Access to the Website may take place with use of the most popular web browsers, i.e.: Chrome from 9.0 version up, Firefox from 30 version up, Internet Explorer from 11.0 version up.
- In order to use the API the User should have a computer or a device with an installed software allowing making HTTPS requests.
- In order to establish an Account it is necessary to have an active address of electronic mail (e-mail).
- User hereby acknowledges that the Service Provider is entitled to process Personal Data given by the User, within the scope necessary to perform the Agreement, and to process the Personal Data for sending email notifications with the status of the Service.
- Names (including trade names), brands, descriptions or trademarks published on the Website’s pages are protected by law. They may be used only upon authorized parties’ written consent. Any violation of such rights by the User may result in legal sanctions, including indemnity claims of the authorized entities.
- The Service Provider provides its services in and out of the territory of the Republic of Poland.
General terms and conditions of using the Website or API
- Using the Services is free-of-charge for the accounts under the Start Plan. Each project from the user can have a collection of a limited number of Documents. Each Document represents Text of a maximum length of 2MB. Payable Plans (Medium, Large) are described in the pricing section at tagtog.net.
- Services can be used upon Registration.
- Using the Website or API the User should, in particulary:
- observe these Regulations,
- use the Application only within the scope allowed by an Agreement and the Regulations,
- refrain from any activities that may hinder or disturb operation of the Website or Application, and from activities that may hinder other Users’ use of the Service or Application,
- refrain from activities interfering or attempting to interfere in the Service or Application,
- refrain from any activities violating other Users’ rights.
Registration and execution of the Agreement
- Using the Services of the Website or API is possible only upon Registration.
- The User’s Registration is performed completing the Registration Form available on the Website.
- The Registration Form’s fields, which must be filled obligatorily, are marked in the Registration Form.
- After the Form has been filled and submitted, the Service Provider shall send to the User’s email address confirmation of performing the Registration along with general information about the Service.
- Upon completion of the Registration an Agreement for an undefined period is concluded between the Parties.
- Users hereby acknowledges that, by concluding an Agreement, they agree for the Service Provider’s access to data of their Projects, Documents and Account created or imported using the Application. The data indicated in the previous sentence shall be used by the Service Provider for the purposes of rendering Services.
- The User shall not be entitled to transfer rights and obligations under the Agreement concluded with the Service Provider, without the Service Provider’s consent expressed in a written form otherwise being null and void.
The User’s Account
- Through the Account a registered User uses the Application which provides the Service.
- The Service Provider hereby reserves the right to create individual payment plans, where scope of the Services shall be determined on the basis of arrangements between the User and the Service Provider.
- The Account enables every User to to manage his/her Projects.
- The Account enables every User to upgrade or renew the Plan associated to their account.
- In the Website, within the Project’s Settings the User may use Application’s functions to interact with the selected Project.
- Logging into the Account consists in submitting the Login and a Password. The Login and Password to the Account are confidential and are sent encrypted to the Service Provider using Secure Sockets Layer (SSL) technology (the industry standard to secure online communications).
- Any violation of Login’s and Password’s confidentiality should be notified by the User to the Service Provider immediately upon finding out about such a violation.
- If a Password is lost the User may reset the Password for the Account. In order to set a new Password the User should use a mechanism available on the Account login page in the Website.
- The new Password shall be sent to the User’s e-mail address in the form of an activating link.
- It is prohibited to make one’s Account accessible to third parties.
- The User is obligated to get acquainted with the rules and regulations of Website which shall be managed/analysed with the Application by the User.
- The Service Provider shall not be liable for contents published or imported on Websites by the User with the use of the Application.
- It is prohibited to publish on the Website and Websites contents violating third parties’ rights, legal regulations if force, community life principles or good customs. In particular the following contents shall be deemed as those aforementioned:
- Personal Data
- harming any groups of people or individuals;
- containing information causing or constituting threat against any people’s privacy or safety;
- containing information which constitute threat;
- violating third parties’ intellectual property rights;
- containing links to pages with limited access or accessible only after giving the password, or containing hidden pages or pictures (i.e. unavailable form other available page or not linked with such a page);
- violation of other party’s privacy, enabling or creating computer viruses;
- violating or constituting attempt to violate rights of privacy protection, rights to use, for commercial purposes, of personal interests, copyrights, trademarks protection rights, contractual rights or any other rights of any person;
- In case of finding out that the User publishes on Websites the contents referred to in clause 6.3 above, or performs activities hindering or destabilizing operation of the Website, the Service Provider shall be entitled to immediately block the possibility to use the Services, including the Application, by the User which shall be notified to the User via e-mail.
- In case of non-ceasing of activities referred to in clause 6.3 above, the Service Provider reserves the rights to terminate the Agreement with immediate effect, resulting in the Service Provider’s right to delete the Account, which shall be notified to the User via e-mail.
Payment for Services
- In order to use the Services included in a given Plan the User must make a Payment.
- The Service Provider may require that the User make payments for the Services in an automated manner, that is in particular by means of Service Provider’s ability to draw payments without User’s active involvement (e.g. drawing funds from the credit card indicated by the User).
- Automated payments are processed by Braintree Payment gateway - PayPal (Europe) S.a.r.l. et Cie, S.C.A. with its seat at 22-24 Boulevard Royal L-2449, Luxembourg
- By selecting automated payments the User agrees that the credit card account he provides be charged periodically.
- Payment for the Plan shall be made in advance.
- The Subscription Period starts on the day of the first successful Payment.
- From the moment of successful Payment the User shall be authorised to use the Plan paid and the Account during a given Subscription Period.
- The Subscription Period lasts for one month, i.e. the Subscription Period shall end at the date corresponding to the beginning date of the Subscription Period (such as 20th May - 20th June), and if there is no such date in the month when the Subscription Period ends (such as the 31st) - on the last day of that month.
- In case of making an automated Payment, the date of the Payment receipt to the Service Provider from the automated Payments operator shall be deemed as the Payment date.
- The Service Provider shall bear no liability towards a User for delay in commencing of using the Services of a selected Plan, resulting from improper or incomplete submission of the User’s data enabling performance of the Payment.
- A User may change a Plan into another one at any time. Where a different Plan is the one of a higher price than the current one, using the Services included in the different Plan shall be possible from the date following the day of receipt of Payment for such Plan in the Service Provider’s account. Where change of a Plan consists in changing into a cheaper Plan than the current one, the change shall take place from the next Subscription Period, however not earlier than 14 days after selecting the cheaper Plan.
- Where change into a cheaper Plan than the current one concerns a User, such a User shall not receive difference between the amount paid for more expensive Plan and for a cheaper Plan notwithstanding number of Subscription Periods paid for by the User.
- In the event the Service Provider is obliged to reimburse any funds to the User, such reimbursement shall be effected by means of the same payment method that was used during a payment.
- The current Price-List containing specification of Services provided within the frame of available Plans, is placed on the Website. All Plans prices on the Website are presented in net amounts (VAT excluded).
- The Service Provider hereby reserves the right to change Plan prices specified in the Price-List, which shall be notified on the Website. In order to avoid doubts, new payment rates shall not apply to the Subscriptions already paid for by the User. As from the moment of the lapse of Subscription Period for which the Plan was purchased, the User may purchase the next Subscription Period with the new price or terminate the Agreement.
- In order to receive VAT invoice, the User shall be obliged to provide with the data necessary to issue an invoice, in particular business name (name and surname in case of concluding the Agreement by a natural person not conducting business activity), address data and tax ID (NIP). The User hereby agrees for issuing, sending and enabling invoices in electronic form.
Intellectual property rights
- The Application is a work within the meaning of the Act on Copyright. The User shall be entitled to use and manage the Application in accordance with these Regulations and the Agreement.
- A User shall not be entitled to use the Application in a different scope than resulting from the Agreement and Regulations. The above limitation shall not affect the User’s right to use the Application in the scope resulting from absolutely binding law provisions.
- Under the Agreement the Service provider grants to the User a non-exclusive, non-transferable license to use the Application, without the right to sublicense the Application, in the following exploitation fields:
- using the Application by the User on computers or other similar devices held by the User, via Internet, in time and place selected by the User according to the Plan associated to their account.
- Using the Application cannot exceed the scope referred to in the Regulations and the Agreement, notwithstanding technical abilities to use the Application in a different way.
- The User shall not be entitled to make any modifications to the Application. Using the Application shall be possible only with use of tools provided for that purpose by the Service Provider and within the scope those tools enable.
- The User shall not be entitled, notwithstanding the used technical measures, to allow third parties to use the Application.
- The User shall not have right to change or remove information on copyrights or other intellectual property rights from the Website or the Application.
- The User hereby acknowledges that even small modifications of the Application may cause significant, unpredictable disturbances in its functioning. The User shall be liable for any modifications of the Application made by him/her or by person(s) used by the User for this purpose.
- Any use of the Application in excess of the scope referred to in these Regulations shall require express Service Provider’s consent made in a written or in an electronic form otherwise being null and void.
Termination of the Agreement
- Parties may terminate an Agreement concluded for indefinite period upon one-month termination notice with the effect at the end of calendar month, by submission of a declaration via email to the other Party’s address. The Service Provider may terminate an agreement for indefinite period as provided in a previous sentence due to important reasons, i.e. in case of:
- the Service Provider’s planning to limit the scope of provided Services or to cease providing the Services
- occurrence of factual or legal circumstances (including change of law provisions) resulting in material difficulties to provide the Services
- introduction, by the Service Provider’s contractors, new terms and conditions of providing services, resulting in the Service Provider’s material difficulties to provide Services on current level or within current scope
- introduction of changes in Website or API resulting in the Service Provider’s material difficulties to provide Services on current level or within current scope.
- In case of termination of the Agreement by a User before ending of the Subscription Period for which Subscription Payment has been made, the Service Provider shall not reimburse the Subscription Payment either in full or in part. In case of termination of the Agreement by the Service Provider and in case of termination of the Agreement with a User, the Service Provider shall return to the User such part of the Subscription Fee that would be due for the period after the date of termination of the Agreement.
- Upon the termination of the Agreement the Service Provider shall be entitled to remove the User’s Account, including all data in the Application databases. The Service Provider will remove Personal Data associated to the User. The Service Provider can remove data or contents introduced by the User via an Application to Website or API upon request.
- The Service Provider may terminate the Agreement with immediate effect by declaration in electronic form to the User’s email address if the User:
- violated or violates provisions of the Regulations
- undertook or undertakes activities causing risk for data collected in the Website or via API
- undertook or undertakes attempt for unauthorized access to the Service
- performed or performs illegal activities via the Website
- acted or acts to the Service Provider’s detriment
- submitted untrue data during Registration
- violated or violates the Service Provider’s intellectual property rights, in particular the Service Provider’s proprietary copyright
- violates rules (in particular bylaws) of using Websites
Information on particular risks related to using the service provided by electronic means
- Using the Website or API, Application and Services takes place via Internet, which is related to risks arising while using the internet.
- Risks related to using internet consist in, inter alia, in possibility to introduce to a device connected to Internet software that may cause detriment, such as, among other things, "viruses", "worms" and "Trojans". In relation to the above it is recommended for a User to have up-to-date software counteracting such risks, such as anti-virus software and software protecting devices form third parties’ unauthorized access (so called “firewall”).
- Risks are also caused by activities of third parties attempting to gain unauthorized access to devices and data without the User’s knowledge and contrary to his/her intent. In order to prevent such activities it is recommended to keep the Password giving access to the Account strictly confidential.
- A User is entitled to submit complaints regarding provided Services. Complaint may be submitted in a written form to the Service Provider’s address indicated in clause 1.4. of the Regulations or in an electronic form to the Service Provider’s e-mail address email@example.com .
- In a complaint the User should specify the reason for complaint and the scope of activities the User expects from the Service Provider.
- Complaints shall be considered within 21 days as from the date of receipt by the Service Provider. The Service Provider shall inform the User about settlement of the complaint by sending an e-mail message to the User’s email address.
- In case of recognizing the complaint the Service Provider shall perform activities aimed at remedying the state constituting base for the complaint or shall explain the reasons for refusal to recognize the complaint.
Exemptions from liability
- The Service Provider hereby reserves that the Website, API, Application and Services may be temporarily unavailable in relation to necessity to take technical activities regarding software or equipment, such as, e.g. updating, fixing, maintaining, review, exchange.
- Where interruption or temporary suspension of the Website, API, Application or Services availability are predictable, the Service Provider shall inform Users on such occurring in advance, in the Service’s main page or by sending an e-mail message to the User’s email address.
- The Service Provider shall not bear liability for non-performance or improper performance of obligations due to reasons not attributable to the Service Provider. The Service Provider’s liability for non-performance or improper performance of obligations shall be limited to actual damage, however not exceeding three times Service Provider’s monthly average remuneration received from the User during a year when the damage took place.
Modifications of the Regulations
- The Service provider hereby reserves the right to introduce amendments to the Regulations due to important reasons upon previous notifying the Users, 7-day in advance. The amendments shall enter into force after 7 days as from the date of notifying the Users, however an appendix introducing the amendments may provide longer term of entering particular amendments into force. The following provisions shall apply in respect to amendments:
- An important reason shall mean, in particular:
- change of the Service’s or Application’s activity processes, including modification, extension or adding new functionalities of the Website, API or Application that may interfere the regular use of the Service by Users
- adapting the Regulations, Website, API or Application to legal requirements, in particular to changes of law provisions
- reasonable reservations submitted by Users
- Notifying Users on changing the Regulations shall be performed by sending to Users an e-mail message containing an appropriate information and uniform text of the amended Regulations, as well as by placing the appropriate information in the Website and making available the uniform text of the amended Regulations on the Website.
- A User who does not agree to amendments of the Regulations shall be entitled to terminate the Agreement within 7 days as from receiving email on amendment to the Regulations. The User may submit a notification on termination in electronic form, sending such message by email to the address: firstname.lastname@example.org or in written form, by sending notification on termination by post or courier mail to the Service Provider’s address. In case of the User’s submitting termination notice, termination shall be effective as at the moment of delivery of the notice to the Service Provider.
- As regards Users, who perform Registration during the period between the Regulations amendments publication and entering into force, during that period current provisions of the Regulations shall apply, and from the moment of entering the amendments into force – provisions of the amended Regulations. At the registration stage such Users shall be informed about the introduction of modifications of the Regulations. Due to the aforementioned reasons the users shall not receive separate e-mail notifications on introducing amendments; moreover, in respect to such Users no right to terminate the agreement because of introducing the amendments shall apply.
- These Regulations and Agreement are governed by the law of the Republic of Poland.
- Issues not regulated in these Regulations shall be governed by appropriate law provisions of the Republic of Poland, in particular provisions of the Civil Code, Act on Providing Services via Electronic Means, Act on Copyright, GDPR, Act on Personal Data Protection and Act of 2 march 2000 on Protection of Certain Consumers’ Rights and on Liability for Damage Caused by a Dangerous Product (uniform text: Polish Journal of Laws of 2012, item 1225).
- Provisions of clauses 13.1 and 13.2 above shall be applicable only within such a scope, as choosing of the law of the Republic of Poland is legally permitted in a given case. Provisions of clauses 13.1 and 13.2 above, as well as other provisions of these Regulations shall not violate provisions of different countries than the Republic of Poland, if contractual excluding thereof is impossible (which may concern in particular provisions aimed to protect consumers). The preceding sentence shall not apply if in a given case it is permitted to exclude also such provisions of different countries because of choosing the law system according to clauses 13.1 and 13.2 above.
- Any disputes between the Parties, including in particular disputes regarding application, interpretation, non-performance or improper performance of Agreements shall be subject to Polish Courts’ jurisdiction. Any and all disputes between the Service Provider and a User, in particular disputes regarding application, interpretation, non-performance or improper performance of Agreements shall be settled by the Court appropriate for the Service Provider’s business seat and its address.
- Provisions of clause 13.4 above shall be applied only to the extent in which an agreement submitting disputes to the jurisdiction of Polish courts or – appropriately – agreement on submission of disputes to courts appropriate for the Service Provider’s business seat is allowed in a given case. Provisions of clause 13.4 above shall not violate law provisions otherwise determining jurisdiction or – appropriately – court’s local competence, if such provisions cannot be exempted under the clause 13.4 above.
- As regards legal relationships between the Service Provider and the User, using the User’s contractual patterns shall be exempted (it regards in particular general conditions of agreements, contractual patterns, regulations etc.).
- These Regulations are available on the page tagtog.net. A User may also download the content of the Regulations from the abovementioned page and save it on the User’s data carrier.