Terms and Conditions

REGULATIONS of mProfi.io website

Thank you for visiting our Website available at: https://mProfi.io (hereinafter referred to as: „mProfi.io”, „Internet Service”, „Website”).

mProfi.io is a service used to familiarize with the rules of using and functionalities of mProfi.pl platform, by means of which it is possible to communicate with recipients, including: sending and receiving messages, building and segmenting recipient databases or obtaining opinions of recipients through questionnaires and voting.

mProfi.io platform consists of: an information website, where Electronic Services are available without the need to register an Account, and a service platform through which, after registering an Account, it is possible to use a number of functionalities indicated in the regulations, including creating one’s own, personalized version of the mobile application.

The formula of these regulations assumes the establishment of general terms and conditions of use with respect to the Website. The said terms and conditions, in case the service recipient decides to use MProfi.pl, regulate in particular the principles of using the Website, including issues concerning our responsibility.

We encourage you to become familiar with the regulations.
mProfi.io team

ABOUT US

The owner of mProfi.io is MATERNA COMMUNICATIONS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered into the register of entrepreneurs of the National Court Register, Registry Court: District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register with its registered office and address for service: 28A Wita Stwosza Street, Warsaw 02-661 , KRS 0000197766, NIP 5213285986, REGON 015656980, share capital: PLN 50,000.00, e-mail address: support@mprofi.io, telephone number: +48 22 852 13 80 (hereinafter referred to as: “The Service Provider“).

DEFINITIONS

The definitions used in these Regulations shall mean:

  1. APPLICATION, MOBILE APPLICATION – a mobile application (software for mobile devices along with its elements that are not computer programs within the meaning of the Copyright Law, but constitute its integral part) constituting a separate functionality made available to the Clients through mProfi.pl Website.
  2. PRICE LIST– price list concerning the use of paid functionalities of the Website and Electronic Services available on the Website in the “Price List” tab.
  3. CIVIL CODE – Act of law, Civil Code, dated 23 April 1964. (Journal of Laws No. 16, item 93, as amended).
  4. ACCOUNT – Electronic Service, marked with an individual e-mail address and password provided by the Service Recipient, a set of resources and functionalities available in the Service Provider’s IT system, in which data provided by the Service Recipient and information about their activities on the Website is collected.
  5. RECIPIENTS – third parties in relation to the Service Provider, whose personal data Administrator is the Client/User communicating with them via the Site functionalities.
  6. COPYRIGHT – Act of law concerning copyright and related rights dated 4 February 1994. (Journal of Laws No. 24, item 83 as amended.)
  7. REGULATIONS – these Regulations of the Website.
  8. INTERNET SERVICE, WEBSITE, PL – Internet service, service platform available at URL: https://mProfi.io.
  9. ELECTRONIC SERVICES AVAILABLE WITHOUT ACCOUNT REGISTRATION – Electronic Services available at mProfi.pl as part of the information website: Blog, Contact Form and Newsletter.
  10. ELECTRONIC SERVICES AVAILABLE FROM THE SERVICE PLATFORM – Electronic Services made available within the service platform in a self-service form (SaaS), after prior registration of the Account indicated on the Website, in particular after going to the “Functionalities” tab.
  11. SERVICE RECIPIENT/CLIENT – (1) a natural person having full legal capacity to perform legal transactions, and conducting business activity; (2) a legal entity; or (3) an organizational unit without legal personality, to which the Act grants legal capacity; using or intending to use Electronic Services available at mProfi.io.
  12. SERVICE PROVIDER – MATERNA COMMUNICATIONS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the Register of Entrepreneurs of the National Court Register, Registry Court: DISTRICT COURT FOR THE CAPITAL CITY OF Warsaw, XIII Commercial Division of the National Court Register with its registered office and address for service: 28A Wita Stwosza Street, Warsaw 02-661 , KRS 0000197766, NIP 5213285986, REGON 015656980, share capital: PLN 50,000.00, e-mail address: support@mprofi.io, telephone number: +48 22 852 13 80.
  13. LAW ON CONSUMER RIGHTS, ACT OF LAW– Act dated 30 May 2014, concerning consumer rights (Journal of Laws of 2014, item 827, as amended).)

GENERAL TERMS of USE of mProfi.io

  1. mProfi.io was created in order to facilitate, for the Clients, their becoming acquainted with the essence and functionalities of mProfi service platform. Within the Service, its Provider makes available a number of technical information about Electronic Services provided by the service platform, including the configuration of its own application enabling contact with recipients.
  2. The Service Recipient is obliged to use the Website in a manner consistent with the law and good manners, taking into account the respect for personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data in conformance with actual condition. The Service Recipient is prohibited from supplying illegal content.
  3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop, tablet, smartphone or other multimedia devices with Internet access; (2) Internet browser: Mozilla FireFox version 44.0 and above, or Internet Explorer version 11.0 and above, Opera version 35.0 and above, Google Chrome version 48.0 and above, Safari version 9.0 and above; (3) enable cookies and Javascript support in your web browser.
  4. The Service Provider complies with Article 14(1) of the Act of 18 July 2002, on the provision of services by electronic means. (Journal of Laws of 2002 No. 144, item 1204, as amended) according to which: that who provides the resources of an IT system for the purpose of data storage by the service recipient is not aware of the unlawful nature of the data or related activities shall not be liable for the stored data, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or related activities, will immediately prevent access to such data.
  5. The Service Provider maintains the Website and is responsible for the correct provision of Electronic Services of the Website. In addition to the Service Provider, the Website also includes Service Recipients – these are independent third parties in relation to the Service Provider, who may use the Electronic Services provided by the Site through the Website.
  6. The Administrator of personal data processed on the Website in connection with the implementation of these Terms and Conditions is the Website Owner, with respect to the functionalities available on the Website, except for Recipients for whom the Administrator is the Client/Service Recipient. In the case of Recipients, the Administrator of personal data is the entity that uses Electronic Services available on the service platform – a third party in relation to the Service Provider, who is at the same time a Client/Service Recipient on the Website. Personal data is processed for the purposes, to the extent, and pursuant to the grounds and principles indicated in the privacy policy published on the Service Website. The privacy policy includes, first of all, the rules concerning the processing of personal data by the Administrator on the Website, including the grounds, purpose and scope of processing of personal data, and the rights of people to whom the data applies, as well as information on the use of cookies and analytical tools on the Website. The use of the Internet Service is voluntary. Similarly, the provision of personal data by the Service Recipient using the Website is voluntary.

ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE WITHOUT THE NEED TO REGISTER AN ACCOUNT

  1. The Website distinguishes between Electronic Services available without the need to register an Account, and Electronic Services available through a service platform in a self-service form (SaaS), after prior registration of an Account on the Website.
  2. Without prior registration of an Account, the Service Recipient may use the following Electronic Services on the Website:
    Blog
    Contact form
    Newsletter
  3. Browsing the Blog available on the Website is free of charge and available to every Service Recipient. Browsing the Blog itself is possible after clicking the “Blog” tab available on the Website. The Service Recipient has the possibility, at any time and without explanation, to stop viewing the Blog through closing the browser.
  4. Using the Contact Form is possible after (1) filling in the contact form, and (2) clicking on the Website after filling in the “Send” response field – until then, it is possible to modify the entered data on your own. The following data must be provided by the Client in the form: Name, surname, e-mail address, subject and text of the message. The use of the Contact Form is of a one-off nature, and is completed at the moment of sending a message through it, or at the moment of closure of the contact form by the Service Recipient.
  5. Using the Newsletter takes place after entering the name and e-mail address to which the next editions of the Newsletter are to be sent, and then clicking the “Save me” field in the Newsletter tab visible on the Website. The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service Recipient may unsubscribe from the Newsletter (resigning form the receipt of the Newsletter) at any time, and without giving any reason, by sending an appropriate request to the Service Provider, in particular by e-mail to the following address: support@mprofi.io or in writing to the address: ul. Wita Stwosza 28a, 02-661 Warszawa.

ACCOUNT

  1. The Electronic Service Account shall be provided for an indefinite period of time and free of charge.
  2. The creation and use of an Account is possible after a total of three consecutive steps have been taken by the Service Recipient – (1) completion of the registration form, (2) clicking on the “Create a free account” field, and (3) confirmation of the intention to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the registration form it is necessary for the Service Recipient to provide the following data: e-mail address and password.
  3. The Service Recipient has the possibility, at any time and without giving a reason, to delete the Account (resign from the Account) by using the appropriate option available within the Account, or by sending an appropriate request to the Service Provider, in particular by e-mail to the following address: support@mprofi.io or in writing to the address: ul. Wita Stwosza 28a, 02-661 Warszawa.

ELECTRONIC SERVICES AVAILABLE ON THE SITE WITHIN THE SERVICE PLATFORM

  1. The Website distinguishes between Electronic Services available without the need to register an Account, and Electronic Services available through a service platform in a self-service form (SaaS), after prior registration of an Account on the Website.
  2. The use of Electronic Services available after account registration is payable with respect to the fees for use; details can be found on the Website, in the “Price List” tab.
  3. As part of the service platform (SaaS), the Service Recipient may use the Electronic Services listed and described on the Website, in particular after going to the “Functionalities” tab.

CONTACT WITH mProfi.io

The basic form of regular remote communication with the Service Provider is electronic mail (e-mail: support@mProfi.io ) and traditional mail (28A Wita Stwosza Street, Warsaw 02-661 ), through which you can exchange information about using mProfi.io with us. Service Recipients may also contact us in other ways permitted by law.

METHODS OF PAYMENT FOR FUNCTIONALITIES AVAILABLE at mProfi.io

  1. The use of the paid functionalities of the Service is possible after topping-up the account with points.
  2. For specific paid functionalities of the Website (in particular those indicated in the Price List on the Website) – the Service Provider provides the following forms of payment: Prepaid and Postpaid.
  3. In the case of Postpaid payments, the Service Recipient concludes a separate agreement with the Service Provider, in which individually negotiated rates, payment terms and the scope of selected functionalities are indicated.
  4. In the case of Prepaid payment, the Service Provider provides the following methods of payment:
    Electronic payments and credit card payments through website PayU.pl – the current available payment methods are listed on the website of the Online Store in the tab informing about the payment methods, and on the website: http://www.payu.pl. Settlement of transactions with electronic payments and payment cards are carried out according to the Customer’s choice via the PayU.pl service. Handling of electronic payments and payment cards is carried out by:
    pl – PayU S. A. company, with its registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, share capital at an amount of PLN 4,000,000 paid up in full, NIP: 779-23-08-495.
  5. Payment deadlines: if the Client chooses to pay via PayU (electronic or credit card), the Client is obliged to make the payment within 1 calendar day from the date of conclusion of the agreement.

SETTLEMENT WITH POINTS

  1. It is possible to to up the account with points on the conditions specified in paragraph 8.
  2. The balance of points on the account is updated each time after sending a text message, in accordance with the following rule:
    the number of text messages sent multiplied by the cost of a text message, expressed in points.

OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES AS WELL AS THE RULES OF ACCESS TO THESE PROCEDURES

  1. This paragraph of the Regulations applies only to Service Recipiets who are consumers.
  2. Detailed information on the possibility for the Client who is a consumer to use out-of-court complaint and redress procedures, and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  3. President of the Office for the Protection of Competition and Consumers has made available a contact point (phone No.: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, or address for correspondence: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), whose task is, among other things, to assist consumers in cases concerning out-of-court settlement of consumer disputes.
  4. The consumer has the following exemplary means of out-of-court complaint handling and redress: (1) a request for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspectorate (more information at the website of the inspector competent for the place of business activity of the Seller); and (3) district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumer Association). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open from 8:00 a.m. to 6:00 p.m., fees apply according to the operator’s tariff).
  5. The online dispute resolution platform between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract (more information on the website of the platform itself, or at the website of the Office of Competition and Consumer Protection): https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

PROVISIONS APPLICABLE TO COMPANIES

  1. The Service Provider is entitled to remove the content posted by the Service Recipient who is not a consumer on the Website, if it considers it to be inconsistent with the subject matter of the Website, untrue, unreliable, indecent, offensive or infringing the rights of third parties.
  2. Resignation of a Service Recipient who is not a consumer from the use of paid functionalities of the Website during their availability period shall not entitle him/her to a refund for the remaining period of their availability thereof.
  3. The Service Provider has the right to withdraw from the contract for the provision of electronic services concluded with a Service Recipient who is not a consumer within 14 calendar days from the date of its conclusion. Termination of the agreement in this case may take place without justification, and does not give rise to any claims against the Service Provider on the part of the Service Recipient who is not a consumer.
  4. The Service Provider may terminate the contract for the provision of an Electronic Service to a Service Recipient who is not a consumer with immediate effect and without indicating the reasons, by sending an applicable notification to the Service Recipient.
  5. The Service Provider is entitled to take action at any time to verify the truthfulness, reliability and accuracy of the information provided by a Service Recipient who is not a consumer. Within the scope of verification, the Service Provider is entitled, inter alia, to request the Service Reciepient who is not a consumer to send a scan of the certificates, confirmations or other documents necessary for verification. During the verification referred to in the previous sentence, the Service Provider is entitled to suspend the account of the Recipient who is not a consumer for the duration of verification.
  6. The Service Provider shall bear liability towards a Service Recipient who is not a consumer, regardless of its legal basis, only up to the amount of the last paid fee for the use of the Website, and in the absence thereof up to PLN 1,000.00 (one thousand Polish Zloty). The Service Provider shall be liable to a Service Recipient who is not a consumer only for typical and actually incurred damages foreseeable at the time of the agreement conclusion, excluding lost profits.
  7. The Service Provider shall not be liable to the Customer who is not a consumer for damages and non-performance of obligations due to force majeure or any other reasons beyond the control of the Service Provider.

COPYRIGHTS

  1. Copyrights and intellectual property rights in relation to the Website as a whole and its individual elements, including the content, drawings, works, patterns, and symbols available through it, are the property of the Service Provider or other authorized third parties, and are protected by the Copyright Law, and other commonly applicable provisions of law. The protection granted to the Website covers all forms of expression.
  2. Trademarks of the Service Provider and third parties (trademarks, logos) may not be used without the consent of the Service Provider.

FINAL PROVISIONS

Contracts entered into by mProfi.io are concluded in accordance with the Polish law and in the Polish language.

  1. Amendments to the Regulations – the Service Provider reserves the right to make changes to the Regulations for important reasons, i.e. changes to the law; addition of new Electronic Services – insofar as these changes affect the implementation of the provisions of these Regulations. The amended Regulations shall be binding on the Service Recipient if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been complied with, i.e. when the Service Recipient has been duly notified of the changes, and has not terminated the agreement within 14 calendar days from the date of notification. In the event that an amendment to the Regulations results in the introduction of any new fees, or an increase in the current fees, the Service Recipient who is a consumer has the right to terminate the agreement.
  2. In matters not regulated herein, the generally applicable provisions of Polish law shall apply, in particular: of the Civil Code; Act on the Provision of Electronic Services, dated 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); Consumer Rights Act, and other relevant provisions of generally applicable law.

Thank you for your careful reading!

If you have any questions, we are always at your service – please contact us.

Looking forward to doing business with you,
mProfi.io team