Scalable

This document sets out the terms of use and operation of Scalable24.me, as well as the rights and obligations of Users and the duties and scope of liability of the Service Provider of the Scalable24.me application.

The provisions contained in the Terms of Service for access to Scalable24.me services constitute the Terms of Service for electronic services under the Act of 18 July 2002 on providing services by electronic means (consolidated text, Journal of Laws 2020, item 344) using the Scalable24.me online platform.

Definitions

Service Provider, Operator – CMT Soft sp. z o.o., located in Katowice, ul. Barbary 21 lok. 19B, 40-053 Katowice, Tax Identification Number (NIP): 6342812201, National Business Registry Number (REGON): 243047074, entered into the register of entrepreneurs of the National Court Register kept by the District Court Katowice-East in Katowice, 8th Commercial Division of the National Court Register under number KRS: 0000434947 Service – the online platform Scalable24.me operating under the internet address https://scalable24.me, run by the Operator, under the conditions specified in the Terms of Service.
User – a person with full legal capacity, who by accepting the Terms of Service has gained access to the Services. A User may also be a legal entity and an organizational unit that is not a legal person, to which the law grants legal personality, and which uses the Services provided by the Operator.
Login – a unique and individual email address that is a unique identifier of the User in the Service.
Password – a sequence of characters set by the User and assigned to the User. The password is required to log into the Service by the User.
Account – a collection of services provided by the Service along with the individual settings of the User, through which the User may use the Service.
Trial Period – a period indicated by the Operator of consecutive 14 (fourteen) days during which the Account is made available to the User free of charge.
Subscription Period – the period of Account activity for which the User pays the Subscription Fee.
Registration – a one-time activity, consisting in the User creating an Account, made using the registration form provided by the Operator on one of the Service pages.
Application – software installed on the Service Provider's servers, made available to the Service Recipient via a web browser, accessible after logging in with a username and password at the internet address assigned to the Service Recipient.
Service – the Service or Services provided by the Operator under the terms defined in the Terms and Conditions.
Account Owner, Service Recipient – the User, who has created an Account.
Account Settings Panel – a subpage of the Service located at the address https://scalable24.me, where the User can edit the settings of their Account.
Agreement – an agreement for the provision of electronic services concluded between the User and the Operator at the moment of accepting the Terms and Conditions by the User, with content corresponding to the Terms and Conditions.
Terms and Conditions – these terms and conditions.
Server Infrastructure – the technical environment maintained and administered by the Service Provider, on which the Application operates. It consists of elements such as servers, operating systems, and voltage sustaining devices.
Web Browser – software installed on the computers of the Service Recipient, used for communicating with the Service.

Technical Requirements

The use of the Service is possible with the aid of a device with Internet access and a Web Browser, the type and version of which are compatible with the Web Browsers for which the Service has been adapted.
The Service Recipient is obliged to provide at their own expense the aforementioned device with Internet access and the proper version of the Web Browser.
The Service has been adapted for proper operation in the following browser: Chrome version 60.0 or higher. However, the occurrence of errors is reserved, which should be reported to the Operator using the contact information available on the website or in the Application.

Rights and Obligations of the Service User

The Service User is required to provide accurate data during the registration process.

2. The Service User is entitled to free technical support in the scope of using the Application via the email info@scalable24.me as well as to additional forms of technical support, depending on the selected Package.

3. The Service User owns all data entered by them or by Users to whom they have allowed access to the Application and has the right to request the permanent deletion of all data upon the termination of the use of the Service.

4. Each User at the first use of the Application will be required to consent to the use of their image. The User independently manages their own image and can delete videos at any time. The User may not demand additional compensation from the Service User on this account.

5. Each User is required to record and share videos without violating applicable laws.

6. The Service User is responsible for obtaining consent to process the personal data of their customers used in the Application.

7. The User by uploading videos and voice to the Application consents to their use in the process of machine learning of the Service Provider's systems.

The Service Recipient is obliged to use the Service in accordance with the provisions of these Regulations.
The Service Recipient has the right to use a 14-day free trial period, during which they can use the Service in accordance with the Regulations, without any charges. The free trial period may be extended in the case of periodic promotions, special offers, or an individual agreement between the Service Provider and the Service Recipient in this regard.
If the Service Recipient does not make a payment for the provision of the Service during the trial period, it is considered that they have discontinued the use of the Service. Consequently, the Service Provider has the right to permanently delete the account, along with all the data and shared videos.
The Service Recipient agrees to the use of their company's logo and name by the Service Provider for marketing purposes, particularly for presentation in the reference list.
The Service Recipient consents to the processing of their personal data by the Service Provider for the purposes of providing the Service, and to receiving emails concerning activity summaries in the Application, information on the technical work conducted by the Service Provider, modifications and changes, new features, conducted training, and events.

Rights and Obligations of the Service Provider

The Service Provider commits to providing the Service with due diligence and in accordance with the standards defined in these Regulations.
The Service Provider is not responsible for the consequences of the Service Recipient sharing their Login and Password with third parties.
The Service Provider is not liable for incorrect provision of the Service due to:

Failure to meet the Technical Requirements necessary to use the Application
Actions of third parties
Reasons beyond the Service Provider's control (failures, updates, etc.).

The Service Provider has the right to suspend the provision of the Service while retaining data on the server in the event of non-payment by the Service Recipient.
In the event of non-payment by the Service Recipient for a period longer than 30 days from the date of account validity expiry, the Agreement is considered terminated, and the Service Provider has the right to permanently delete the account, along with all data.
The Service Provider is not responsible for the malfunctioning of the Application if it results from improper use of the Application by the Service Recipient.
The Service Provider is not liable for lost benefits, indirect damages, or damage caused by the Application due to the User's action.
The total cumulative liability of the Service Provider in connection with the provision of Services, regardless of the basis of this liability, will be limited in each case to 1,000 PLN (one thousand zlotys).
The Service Provider has the right to suspend or limit access, as well as delete the Service account in case of their use not in accordance with these Regulations or the applicable legal provisions.

Protection of Personal Data and Privacy

In order to register in the Service, the User is obliged to provide their personal data in the form of an email address. The provision of personal data is voluntary, however, it is necessary to use the Service and create an Account. Without an Account, it will not be possible to use the Services in the Service.
Additionally, to fully utilize the Service described in the Service, apart from the data provided at Registration, it will be necessary for the User to provide their first and last name.
The Operator processes personal data of Users and uses it within the scope and for the purpose necessary for the realization of Services, including to provide information regarding the functioning of the Service, possible ways of using the Service functionalities, and necessary activities related to the provision of Services. The basis for processing personal data is the performance of a contract, that is, Article 6(1)(b) of GDPR.
The Operator processes personal data for the purpose of marketing their own products and services, for instance, by sending emails. The basis for processing is the legitimate interest of the Operator, that is, Article 6(1)(f) of GDPR.
The administrator of the above-mentioned personal data is the Operator.
The Operator informs that the recipients of personal data will be trusted third parties providing services to the Operator, such as IT system providers, dealing with the security of the Service, sending SMS, etc.
The Operator implements the User's rights related to the processing of personal data. These rights stem from the applicable legal regulations concerning personal data, in particular GDPR (Art. 16-21).
The User has the right to:

withdraw any consent given to the Operator for the processing of personal data at any time
access to data: the right to obtain from the Operator confirmation whether the User's personal data is being processed by the Operator and in what way
rectification of outdated or inaccurate personal data, as well as the right to have incomplete data completed
objection to the processing of the User's personal data, if the Operator processes personal data based on its legitimate interest (e.g., for analytical, marketing, evidential, archival purposes), then in case of the User's objection, the Operator must cease processing the User's data unless it demonstrates the existence of significant, justified grounds for processing, which should objectively take precedence over the User's inconvenience or are for the defense of our claims (e.g., in legal proceedings). The right to object is also available when the processing concerns direct marketing, including profiling, based on the legally justified interest of the Operator, e.g., in connection with profiling based on cookies. In this case, the processing of personal data for this purpose must be immediately discontinued
deletion of personal data by the Operator ("the right to be forgotten"), which as a rule involves a demand for the Operator to immediately delete the User's personal data
restriction of processing of personal data, which in practical terms may involve temporarily blocking access to the User's data by the Operator's clients, or transferring data to another system
data portability: the User has the right to receive a copy of personal data which they have provided to the Operator, if processing is based on the User's consent or on a contract, and is carried out by automated means
lodging a complaint with a supervisory authority – to the President of the Office for Personal Data Protection

All requests regarding the processed personal data, including the rights of the User, can be sent by the User by email to: info@scalable24.me or in writing to the Operator's address provided in this Regulation (Definitions, Service Provider). The User's requests will be fulfilled without delay, but no later than within one month of their receipt. This period may be extended due to the complex nature of the request or the number of requests, by an additional two months, about which the Operator will inform the User
Personal data will be processed for the time necessary to perform the Services for the User, and after the completion of their provision, for the time necessary to demonstrate the correctness of the Operator's performance of obligations for the User. This period corresponds to the length of the limitation period for claims.
Personal data processed for the purposes of conducting marketing activities will be processed for the duration of their conduct by the Operator or the expression by the User of opposition to further processing of personal data for marketing purposes, or the withdrawal of consent to send marketing information by email. Withdrawal of consent does not affect the legality of processing before withdrawal.
The Operator undertakes technical and organizational measures to protect personal data against unlawful or unauthorized access or use, as well as against accidental destruction, loss, or violation of integrity.
As part of ensuring the security of processed personal data, the Operator commits to maintain the confidentiality of the data (the Operator protects the data from accidental disclosure to third parties) and their integrity (the Operator protects the data against unauthorized modification).
The User's personal data may be processed by third parties only if such an entity commits to providing appropriate technical and organizational measures ensuring the security of personal data processing, as well as to maintaining the confidentiality of this data. Every employee of the Operator who has access to personal data has the appropriate authorization and is obliged to maintain confidentiality.

Cookies

The Operator uses so-called service cookies primarily for the purpose of providing the User with Services rendered electronically and to improve the quality of these Services. Therefore, the Operator and other entities providing analytical and statistical services on its behalf use cookies, storing information or gaining access to information already stored in the User’s telecommunication terminal equipment (computer, phone, tablet, etc.). Cookies used for this purpose include:

cookies with data entered by the User (session identifier) for the duration of the session
authentication cookies used for services requiring authentication for the duration of the session
security cookies, e.g., used to detect fraud in the scope of authentication
persistent cookies for personalizing the User’s interface, for the duration of the session or slightly longer
cookies for monitoring website traffic, i.e., data analytics, including Google Analytics cookies (these are files used by Google company – i.e., an entity entrusted by the Operator with personal data processing – for the purpose of analyzing the User’s use of the Service, including creating statistics and reports regarding the Service functioning).

The Operator, as well as its Partners, also use cookies for marketing purposes, including directing behavioral advertising to the User. For this purpose, the Operator and its partners store information or gain access to information already stored in the User’s telecommunication terminal equipment (computer, phone, tablet, etc.). The use of cookies and personal data collected through them for marketing purposes, especially in terms of promoting services and goods of third parties, requires the User's consent. This consent can be withdrawn at any time.
The Operator informs that the ways of using and deleting cookies are contained in the instructions of internet browser manufacturers, Google Chrome:http://support.google.com/chrome/bin/answer.py?hl=pl&answer=95647
In the process of processing personal data of Users, the Operator may perform profiling without the User's consent, based on the legally justified interest of the Operator concerning processed cookie files, to adjust the content and marketing messages displayed on the Service and on other websites visited by the User to the preferences and interests of the User, based on data such as visits to pages and clicks within individual functionalities of the Service pages, login and registration dates, data regarding the use of individual services on the Service pages.

Technical Parameters of the Service

The Service Provider offers the Service Recipient the possibility to use the Service according to the parameters described on the page www.scalable24.me
In the case of exceeding the available limits in a given Package, the ability to use the Service will be restricted to the extent to which its further use will mean further exceeding the individual limits.
The Service Recipient will be informed about exceeding the available limits via email to the Service Recipient's correspondence address or through an appropriate message in the Application.
The Service Provider reserves the right to introduce changes to the Application, including its modification, introduction of additional functions, changes in appearance and the way individual elements operate, provided that the introduced changes will not reduce the capabilities of the Application for the Service Recipient in relation to the state as of the date of the Agreement.

Application Security

The Service Provider ensures that all necessary measures are taken to securely store and archive data stored in the Application by the Service Recipient.
The Service Provider ensures that access to the Application is possible exclusively through an encrypted SSL connection, authorized with the appropriate certificate.
The Service Provider commits to creating backup copies of the database no less frequently than every 24 hours.
The Service Provider ensures that the daily backup copies are maintained for a period of no less than 7 days from the date the backup was created.

Ordering and Providing Service

The agreement between the Service Recipient and the Service Provider is concluded upon the completion and approval of the Registration Form by the Service Recipient, and along with it – the creation of an account in the Application.
The scope of the Service and its price depend on the selected package defining the chosen variant of the application, in accordance with the offer described on the website www.scalable24.me
A VAT invoice for the use of the Service will be issued after the payment has been made.
The Service Recipient agrees to the issuance of VAT invoices by the Service Provider in electronic form and sending them via email to the address indicated by the Service Recipient.
To fulfill the Service, the Service Recipient commits to provide correct credit card information.
After the expiry of the paid Settlement Period, the Service Provider will charge the Service Recipient's credit card to extend the Service for another Settlement Period. The forecasted amount of the next charge and its date are presented after logging into the service panel.
The Service Recipient may delete the saved credit card data at any time. This is tantamount to ceasing to collect charges for subsequent settlement periods. The account remains valid until the end of the paid Settlement Period.
In the case of non-use of the Service despite its payment, refunds are not anticipated.

Complaints and Withdrawal from the Contract

In the case that the Service is not provided in accordance with the arrangements of these Terms of Service, the Service Recipient has the right to file a complaint.
The complaint should be sent by email to info@scalable24.me and contain a description of the reported concerns.
The complaint notification should include information describing the address where the Application is available, the complainant's data, their login in the system, the time the problem occurred, and a detailed description of the problem.
If as a result of the filed complaint, the Service Recipient could not use the Service in accordance with the Terms, discounts and free periods of using the Application are anticipated. Financial compensations are not the result of a positively resolved complaint. The provision covered by the preceding sentence does not apply to Customers who are Consumers. Consumers have the right to a refund of money.
The Service Recipient may withdraw from the Contract after each full settlement period without paying for the next Settlement Period. In case the next Settlement Period is paid and started, the contract remains in force until its completion.
In the case of a reduced fee for the use of the Service as a result of a long-term commitment constituting a multiple of the Settlement Period, the Contract remains binding until the completion of all Settlement Periods covered by the agreement, as a result of which there is a reduced payment. It is possible to terminate access to the Application before the end of the Settlement Period at the explicit request of the Service Recipient, however, this does not result in a refund of the fees paid.

Intellectual Property Rights Protection

The Service Provider declares that it is authorized to provide the Service.
The graphic design, applied solutions, content layout, and the concept of working with the Application constitute works within the meaning of the Act of 04 February 1994 on copyright and related rights and as such are protected under the law.
The use of the Application by the Service Recipient or other persons does not imply the acquisition of any rights to the intangible goods to the works made available.
It is forbidden to copy, modify, or distribute the Application in whole or in part, as well as to modify or use in a manner other than specified in the Terms and Conditions without the written consent of the Service Provider.

Data Processing Agreement

The subject of this Agreement is the entrustment of Personal Data processing on behalf of the Operator by the User. By entering into an Agreement with the Operator, the User declares that it issues a command to the Operator to process the Personal Data contained in the Agreement for the purpose and to the extent necessary to perform the obligations of Scalable24.me arising from the Agreement.
The User entrusts the Operator with the following data: first name, last name, email address, telephone number of customers and potential customers of the User, hereinafter referred to as "Personal Data", i.e. persons to whom the User will direct correspondence.
The User:

entrusts the Operator with Personal Data, including the processing activities of Personal Data for the purpose of performing Services
entrusts the Operator with the Personal Data of the following categories of persons - customers and potential customers of the User
entrusts the Operator with ordinary Personal Data, i.e., non-sensitive (not related to health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data), unless the User is authorized under the appropriate legal provisions to process sensitive data
consents for the Operator to use the services of other entities processing Personal Data (so-called sub-processor) in the scope related to the performance of the Agreement.

The Operator:

undertakes to perform the processing activities of Personal Data for the purpose and to the extent necessary to perform the Agreement
will process Personal Data only within the scope and for the purpose necessary for the implementation of the provisions of the Agreement.

The User declares that it is the administrator of all Personal Data transmitted to the Operator in connection with the use of the Service.
The User declares that:

they possess technical and organizational measures ensuring the protection of Personal Data processing as required by the legal provisions applicable to the Operator, particularly to safeguard Personal Data against being made available to unauthorized persons, seizure by an unauthorized person, processing in violation of the law, and against alteration, loss, damage, or destruction of said data, and to meet other requirements specified in legal provisions concerning personal data protection
they maintain documentation as required by law that describes the methods of Personal Data processing.

The User declares that the Personal Data transferred to the Operator have been collected and are processed in compliance with the law, particularly that the appropriate consents from the customers have been obtained, or that another legal basis exists for the processing of Personal Data by the User.
The execution of this Agreement does not involve any monetary benefits on the part of the User, and all financial settlements shall be carried out within the scope of the Agreement.
The Operator commits to:

keep the Personal Data and other data confidential, particularly information constituting a trade secret to which the Operator may gain access in connection with the performance of this Agreement, even after its expiration or termination
immediately inform the User of any security breach of any information disclosed to the Operator by the User in connection with or during the performance of the Agreement
notify the User of any breach of the obligations arising from this Agreement without delay, no later than within 2 working days from the moment the breach is identified
as far as possible, assist the User - through appropriate technical and organizational measures - in fulfilling the obligation to respond to requests from the person whose Personal Data are concerned, with regard to the execution of the rights of that person established in the relevant legal provisions
considering the nature of the processing of Personal Data and the information available to the Operator, assist the User - solely within the scope related to the performance of the Agreement - in fulfilling the obligations regarding personal data protection imposed on them by the laws of the European Union.

The User commits to:

downloading or deleting Personal Data transferred to the Operator upon termination of the Agreement. If the action is not taken within 14 days, the Operator will be entitled to delete the Personal Data without notifying the User. If the User decides to download the Personal Data previously entrusted to the Operator, the Operator will also delete all backup copies of the Personal Data
releasing the Operator from all informational obligations towards the individuals whose Personal Data are used, and to fulfill those duties independently – under the penalty of all liability provided by the relevant legal provisions, and under the penalty of compensatory liability towards the Operator.

Final Provisions

These Regulations are available on the website www.scalable24.me
The Service Provider reserves the right to change the Regulations at any time.
In the event of a change to the Regulations during the Settlement Period, the Service Recipient uses the service based on the Regulations in the previous form until the end of the given Settlement Period.
In the case of changes to the Regulations, the Service Recipient will be informed about the change by at least one of three methods of informing about changes:

sending information via email to the address provided during registration
a message within the application
information about the need to accept the new version of the Regulations when extending the validity of the account.

unless the changes in the Regulations do not relate to areas concerning the Service Recipient or the packages that the Service Recipient uses.

All changes to the Regulations are valid from the day they are published on the website www.scalable24.me.
Using the service means acceptance of the Regulations.