Terms of Service of the UpWayData.com Online Service

TABLE OF CONTENTS

PRELIMINARY PROVISIONS
GENERAL TERMS OF USE OF THE ONLINE SERVICE
ELECTRONIC SERVICES, RESERVATIONS RELATED TO THE APPLICATION
SUBSCRIPTION ACTIVATION – CONCLUSION OF AN AGREEMENT BETWEEN THE SERVICE USER AND THE SERVICE PROVIDER
AUTHORIZATION TO USE THE APPLICATION
UPDATES AND CHANGES TO THE APPLICATION
TERMINATION OF THE AGREEMENT FOR ACCESS TO THE APPLICATION
LIMITATION OF LIABILITY OF THE SERVICE PROVIDER
CONTACT WITH THE SERVICE PROVIDER
ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS OF SERVICE
COMPLAINT PROCEDURE
STATUTORY RIGHT OF WITHDRAWAL FROM THE AGREEMENT
ADDITIONAL PROVISIONS
COPYRIGHT
TECHNICAL INTERRUPTIONS AND FAILURES
PERSONAL DATA
FINAL PROVISIONS

Thank you for visiting our website available at https://upwaydata.com (hereinafter referred to as the “Online Service” or the “Service”).

Through the Online Service, we provide our software in the SaaS (Software as a Service) model designed for the e-commerce industry, aimed at supporting entrepreneurs engaged in electronic commerce in running and developing their business activities, in particular through tools used to analyze the sales and marketing performance of their products (hereinafter referred to as the “UpWayData Application” or the “Application”).

The UpWayData Application is operated via a web browser — access to the Application is available after registration and logging into the Online Service.

The purpose of these Terms of Service is to establish the general rules and conditions for using the Online Service, including the UpWayData Application. Should you decide to use the UpWayData Application, these terms regulate in particular the rules for using our Application, including payment conditions for the services and issues related to our liability.

We invite you to review these Terms of Service.

The UpWayData Team

Below is the English translation of the provided sections, keeping the legal style and structure suitable for publication on the website.

1. PRELIMINARY PROVISIONS

The owner of the Online Service is UPWAYDATA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Łomża (registered office and correspondence address: ul. Gen. Władysława Sikorskiego 166, unit 0.03), entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001200882; the registry court where the company’s documentation is kept: the District Court in Białystok, 12th Commercial Division of the National Court Register; share capital: PLN 5,000.00; NIP: 7182175995; REGON: 543038060; email address: office@upwaydata.com (hereinafter referred to as the “Service Provider”).
These Terms of Service and all provisions contained herein are not addressed to consumers within the meaning of the Civil Code. For the avoidance of doubt, it is assumed that the Online Service together with the UpWayData Application is intended exclusively for professional entities, including natural persons using the Service and the Application in direct connection with their business or professional activity.
The provisions of these Terms of Service are not intended to exclude or limit any rights of Entrepreneurs with Consumer Rights granted to them under mandatory provisions of law, in particular the Consumer Rights Act. In the event of any inconsistency between these Terms of Service and the above provisions, those provisions shall prevail. With respect to this group of Service Users, those provisions of the Terms of Service that could be considered prohibited contractual terms within the meaning of the relevant provisions of the Civil Code shall also not apply.
The Service Provider reserves the right to conclude a separate agreement with a Service User regulating individual terms of the Service User’s use of the UpWayData Application in a manner different from that resulting from these Terms of Service. In the event of any inconsistency between these Terms of Service and such agreement, the provisions of the agreement shall prevail, while these Terms of Service shall apply in all other matters not regulated by the agreement.
Capitalized terms used in these Terms of Service shall have the following meanings:
a. ONLINE SERVICE, SERVICE – the Service Provider’s online service available at https://upwaydata.com together with its subdomains.
b. TERMS OF SERVICE – these Terms of Service of the Online Service, also setting out the terms for concluding and performing the Agreement for the use of the UpWayData Application.
c. APPLICATION, UPWAYDATA APPLICATION – software intended to facilitate the business or professional activities of Service Users, constituting primarily an IT tool for managing employees and field tasks, consisting of a set of Electronic Services provided in a browser-based version via the Online Service. The scope of available Electronic Services varies depending on the activated Application Version.
d. APPLICATION VERSION – the scope of Electronic Services made available to the Service User, differing in the number of functionalities, resources, and other parameters of the Application offered, in accordance with the Price List. The Service User may select an Application Version as part of the Order, including by individually choosing desired modules and additional products.
e. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Service in accordance with the Terms of Service.
f. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – using or intending to use the Online Service, including the UpWayData Application.
g. SERVICE PROVIDER – UPWAYDATA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Łomża (registered office and correspondence address: ul. Gen. Władysława Sikorskiego 166, unit 0.03), entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001200882; registry court: the District Court in Białystok, 12th Commercial Division of the National Court Register; share capital: PLN 5,000.00; NIP: 7182175995; REGON: 543038060; email address: office@upwaydata.com.
h. SUBSCRIPTION – the payment model under the Agreement in which access to the Application is provided on a continuous basis in exchange for a recurring fee paid by the Service User at the beginning of each subsequent billing period, in accordance with the selected Subscription plan and under the conditions indicated in the Terms of Service and the Price List.
i. PRICE LIST – the Subscription price list for individual Application Versions available on the Online Service.
j. AGREEMENT – an agreement concluded by the Service User with the Service Provider via the Online Service, the subject of which is making the UpWayData Application available to the Service User for use under the conditions set out in these Terms of Service and the Documentation.
k. ORDER – a declaration of intent of the Service User aimed directly at activating the selected Application Version and concluding the Agreement for the use of the UpWayData Application.
l. CLIENT PANEL – an Electronic Service, being a set of resources and functionalities available in the Online Service, secured by the Service User’s individual username (login) and password, which enables the use of other Electronic Services reserved for holders of access accounts to the Client Panel, including the UpWayData Application.
m. DOCUMENTATION – all tutorials and descriptions of the operation and use of Electronic Services, including the functionalities and resources of the UpWayData Application, available on the Online Service, including during the use of the Application in the form of displayed instructions, messages, contextual information, etc.
n. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
o. ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person concluding an Agreement with the Service Provider directly related to their business activity where it follows from the content of that Agreement that it does not have a professional nature for that person, resulting in particular from the subject matter of their business activity disclosed under the provisions on the Central Registration and Information on Business.
p. CIVIL CODE – the Civil Code Act of 23 April 1964 (consolidated text: Journal of Laws of 2023, item 1610, as amended).
q. COPYRIGHT LAW – the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2022, item 2509, as amended).
r. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2023, item 2759, as amended).

2. GENERAL TERMS OF USE OF THE ONLINE SERVICE

The Online Service consists of: (1) a website that the Service User may use free of charge to access basic information about the UpWayData Application and functionalities that do not require a Client Panel (e.g., a contact form), and (2) the UpWayData Application, access to which is paid under the terms set out further in these Terms of Service and requires the Service User to log in to the Client Panel.
The Service User is obliged to use the Online Service and the UpWayData Application in a manner consistent with their intended purpose, the Documentation, these Terms of Service, and in a manner compliant with law and good practices, taking into account respect for personal rights, personal data, and copyright and intellectual property rights of the Service Provider, other Service Users, and third parties. The Service User is prohibited from providing unlawful content. The Service User is also prohibited from taking any actions that interfere with the proper functioning of the Service, including making use of the Service burdensome for other Service Users.
The technical requirements necessary to cooperate with the ICT system used by the Service Provider are: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling Cookies and JavaScript support in the web browser.
The Service Provider complies with Article 14(1) of the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text: Journal of Laws of 2020, item 344, as amended), according to which it is not liable for data stored at the request of the Service User if it has no knowledge of the unlawful nature of the data or related activity, and upon receiving an official notification or obtaining reliable information about the unlawful nature of the data or related activity, it shall promptly disable access to such data.
Use of the Online Service involves standard risks inherent in the Internet. The basic threat to every Internet user, including persons using Electronic Services, is the possibility of the ICT system being “infected” by various types of malicious software created mainly to cause damage or gain unauthorized access to the Service User’s data. To avoid such risks, the Service Provider recommends that the Service User equip the device used to access the Internet with antivirus software and keep it continuously updated by installing its latest versions, and also keep the web browser and operating system of the end device up to date.

3. ELECTRONIC SERVICES, RESERVATIONS RELATED TO THE APPLICATION

Any Service User may use the UpWayData Application under the terms indicated in these Terms of Service.
The Electronic Services of the Application are provided for a fee unless these Terms of Service provide otherwise.
A detailed description of the Electronic Services and the rules of their operation is available in these Terms of Service, the Documentation, and the Price List available on the Online Service. Individual functionalities of the UpWayData Application may be subject to specific limits and may differ depending on the Application Version selected by the Service User, including activated Application modules. The Service User may change the Application Version during the term of the Agreement, subject to the obligation to pay the difference in the Subscription price, which may result from selecting a more expensive Application Version than the one currently paid for in accordance with the Price List.
The UpWayData Application provides Electronic Services intended to facilitate the business or professional activities of Service Users. The Service Provider is responsible solely for the proper functioning of the UpWayData Application and for providing Electronic Services in accordance with its Documentation and the Price List. The Service Provider makes certain technical tools available to Service Users but is not obliged to supervise or verify how Service Users use those tools.
The Application services are based on storing, at the request of the Service User, the data entered and transmitted by them and enabling them to view and manage the data stored for them via the Client Panel in the Online Service. In this case, the role of the Application is limited to processing, transferring, and making such data or content generated on their basis available to the Service User via the Application interface. The Service Provider does not verify the reliability, accuracy, or truthfulness of such information and data – this obligation lies solely with the Service User using the Application, who bears sole responsibility for all content and data entered, shared, transmitted, or otherwise provided within the Application and for verifying their correctness and completeness on each occasion. The Application and the results of its use, including generated content, are merely auxiliary (additional) in nature and should not constitute the sole basis for any decisions made by the Service User.
The Service Provider makes due efforts to ensure that the use of the UpWayData Application and Electronic Services is understandable and transparent for Service Users; however, it cannot guarantee that every Service User will be able to operate the Application independently or that it will prove useful in achieving the business goals intended by the Service User. The services of the UpWayData Application are available in the form in which they are delivered (“as is”), and therefore the Service Provider makes no implied or express warranties as to their quality or fitness for particular purposes. The above reservation does not exclude or limit the statutory liability of the Service Provider towards Service Users who are Entrepreneurs with Consumer Rights, in particular with regard to lack of conformity of the service with the Agreement.

4. SUBSCRIPTION ACTIVATION – CONCLUSION OF AN AGREEMENT BETWEEN THE SERVICE USER AND THE SERVICE PROVIDER

Use of the UpWayData Application services is subject to payment. Commencing use of the UpWayData Application requires creating access to the Client Panel and activating a Subscription, which takes place after the Service User places an Order for the selected Application Version electronically via the Online Service.
The Service User may place an Order to activate a Subscription by logging into the Client Panel, selecting an Application Version, and making the required payment in accordance with the current Price List – upon activation of the Subscription, an Agreement is concluded between the Service User and the Service Provider under the conditions specified in these Terms of Service, the Order, and the Price List.
Use of the Client Panel is possible after registering an individual access account – for this purpose it is necessary to: (1) go to the registration form visible on the Online Service, (2) provide the data indicated as mandatory by the Service User (first and last name/company name, login, NIP number, phone number, email address, and password), and (3) confirm the registration by clicking the designated action field. The Service User is obliged to keep their data provided within the Client Panel up to date in the event of any changes. The Service User may not, without the Service Provider’s permission, hold more than one account in the Client Panel of the Service at the same time. Subject to Section 5 of these Terms of Service, the Service User is obliged to keep access to the Client Panel and the Application confidential from third parties. The Service User is prohibited from making their account available to others, in particular through rental or lending.
The use of the UpWayData Application and its individual functionalities may require the Service User to provide other data (e.g., required for billing purposes) – information on the scope of required data is provided each time in the UpWayData Application, including in the Documentation, before the Service User performs a specific action. In the event of any doubts regarding the scope of required data, the Service User should follow the information and messages displayed in the UpWayData Application.
The Service User does not acquire ownership of the Application or any copyright to it – the subject of the Agreement between the Service Provider and the Service User is solely access to the Application and the Electronic Services comprising it on the terms set out in these Terms of Service.
A detailed description of the functionalities, capabilities, rules of operation, and services within the UpWayData Application is available in the Documentation, including through additional messages, explanations, and contextual information displayed while using the Application and navigating its interface. Individual functionalities of the UpWayData Application may be subject to certain limits and differ depending on the Application Version selected by the Service User, including activated Application modules. The Service User may change the Application Version during the term of the Agreement, subject to the obligation to pay the difference in the Subscription price that may arise from choosing a more expensive Application Version than the one currently paid for under the Price List.
The Service Provider makes the following payment methods available to Service Users in the Service:
a. electronic payments and card payments via Stripe.com – detailed information on currently available payment methods is provided on the Online Service during the placing of the Order and on the payment service provider’s website at https://www.stripe.com.
b. payments are processed, depending on the Service User’s choice, by Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).
After being redirected to the payment gateway, the Service User should make the payment without delay. Otherwise, the payment session may expire and the transaction will not be completed, and the Subscription will not be activated. In order to activate the Subscription, the Service User must then repeat the Order process in the same manner as before.
Subscription activation occurs without delay, but no later than within 2 Business Days from the date on which the Service Provider’s bank account or settlement account is credited.
In the case of access to the Application under the Subscription model, payment for access to the Application is recurring and is automatically renewed at the beginning of subsequent billing periods until the Subscription is cancelled.
a. Unless the Price List provides otherwise, the Subscription billing period is 1 month – starting from the date of placing and paying for the Order for that Subscription (i.e., Subscription activation). This period also constitutes the minimum duration of the Service User’s obligations towards the Service Provider under the concluded Agreement.
b. Subscription cancellation is possible at any time and without giving any reason, subject to the condition that it becomes effective only at the end of the period for which the Subscription was paid – in such case, the Agreement between the Service User and the Service Provider, together with access to the Application, expires at the end of the billing period in which the Service User cancelled the Subscription.
c. Subsequent Subscription payments are made by charging the Service User’s payment instrument (debit or credit card) by the payment service provider on the first day of each new billing period. In order to maintain continuity of the Subscription, the Service User should ensure successful payment authorization at the beginning of the billing period – otherwise, the Subscription will be interrupted and may be resumed by placing and paying for a new Order in the same manner as the first time.
Cancellation of the Subscription in any manner, including by deleting the account in the Client Panel or discontinuing use of the Application in any other way after access has been granted, does not entitle the Service User to a refund of payments for the unused period. This reservation is not intended to exclude or limit any statutory rights of Service Users who are Entrepreneurs with Consumer Rights, especially with regard to the right of withdrawal from a distance contract referred to in Section 12 of these Terms of Service.
The prices displayed on the Online Service are given in Polish zloty. The Service User is informed on the Online Service, including during the Order and payment process for the Subscription of the selected Application Version, of the total price including taxes and other costs, or where the amount of such fees cannot be determined, of the obligation to pay them. The Service Provider provides in the same manner the total price or remuneration covering all payments for the adopted Subscription billing period, and where the Subscription provides for a fixed rate, also the total monthly payments under that Subscription.
The recording, securing, and making available to the Service User of information about the concluded Agreement for access to the UpWayData Application takes place by: (1) making these Terms of Service available on the Online Service before the Order is placed, (2) sending the Service User an email confirming the purchase after payment has been made, and (3) making the invoice available to the Service User in the Client Panel.

5. AUTHORIZATION TO USE THE APPLICATION

A Service User who has purchased a Subscription for access to the Application may authorize other persons to use the Application under the concluded Agreement, which may in particular apply to persons employed by or cooperating with the Service User in the course of their business or professional activity in connection with which the Application is to be used. The authorizing Service User is obliged to ensure that the Service User authorized by them is bound by the provisions of these Terms of Service and other conditions of the Agreement and complies with them. The legal relationship between the authorizing Service User and the authorized person, as well as the granted authorization, its scope, and purpose, may not violate these Terms of Service and the Agreement for access to the Application, including by exceeding the rights granted thereunder to the authorizing Service User.
In the event of authorizing another person, the Service User is jointly and severally liable together with the Service User authorized by them for all actions of that Service User using the Application, and such Service User shall be treated as authorized to act on their behalf without the need to present any powers of attorney within the scope of the granted authorization.
Except for the case indicated in the preceding paragraph, the Subscription does not authorize the lending, leasing, sublicensing, or gratuitous making available of the Application in whole or in part.

6. UPDATES AND CHANGES TO THE APPLICATION

Unless the Agreement provides otherwise, the Service Provider is, as a rule, not obliged to further develop the Application beyond updates required by law (including those maintaining its conformity with the Agreement for Entrepreneurs with Consumer Rights).
Subject to paragraph 1 above, the Service Provider may make Application updates available – the availability, scope, or frequency of such updates may differ depending on the Application Version or the selected Subscription plan, in accordance with the details provided in the Documentation and the Price List.
If an update is issued for the Application Version subscribed to by the Service User, they shall be informed of this at least by means of an appropriate notice within the Application interface (e.g., a message displayed after logging into the Client Panel).
With respect to Service Users who are Entrepreneurs with Consumer Rights, the Service Provider may modify the Application – i.e., the digital content or digital service – where such modification is not necessary to maintain conformity with the Agreement, only if at least one of the justified reasons specified in the Agreement exists, i.e., when the change is necessary for: (1) adapting the digital content or digital service to a new technical environment; (2) adapting to an increased number of users or other significant technical and operational considerations; (3) improving the stylistic, visual, or aesthetic value of the Application, without affecting its substantive value – and only to the extent to which that reason affects the change. The above applies only to the Application supplied under the Agreement on a continuous basis for the period specified therein (Subscription) – however, the Service Provider may not modify digital content and digital services supplied on a one-off basis. Introducing the change referred to above may not involve any costs for the Service User, and the Service Provider is obliged to inform them in a clear and understandable manner of the change made. If such change materially and negatively affects the Service User’s access to or use of the Application, the Service Provider is obliged to inform them, with reasonable advance notice on a durable medium, of the characteristics and date of the change and of the right to terminate the Agreement without notice within 30 days from the date of the change or from being informed of it, if the information is provided later than the change. The right of termination referred to in the preceding sentence shall not apply if the Service Provider has ensured that the Service User may retain, at no additional cost, the Application in conformity with the Agreement in an unchanged state.

7. TERMINATION OF THE AGREEMENT FOR ACCESS TO THE APPLICATION

The Service User may, at any time and without giving any reason, resign from using the Application by deleting their account in the Client Panel and discontinuing the Subscription. This may be done by sending an appropriate request to the Service Provider, for example by email, or by using the account deletion option available within the Client Panel. A resignation submitted via the Client Panel becomes effective upon its submission by the Service User, as confirmed by an appropriate message and an email sent to the Service User’s email address. Upon resignation, the Service User loses the ability to log in to the Client Panel. Discontinuing use of the Application does not release the Service User from the obligation to pay, nor does it entitle them to receive a refund of payments made and due to the Service Provider for use of the Application in accordance with the Agreement and the Price List, including in connection with a Subscription period that has already begun and is ongoing.
The Service Provider reserves the right to suspend the Subscription and, ultimately, also to terminate the Agreement for the provision of the Application to a given Service User – the Service Provider takes such actions only when and to the extent necessary, subject to the conditions below.
The grounds for suspension and, ultimately, termination of the Agreement with respect to a given Service User may only be valid reasons consisting in gross or persistent violations of these Terms of Service or other conditions of the Agreement concluded with the Service Provider, in particular where:
(1) the Service User is in arrears with any due payments to the Service Provider for maintaining the Subscription;
(2) the actions of the Service User unlawfully infringe the reputation of the Service Provider and its Application;
(3) the Service User uses the Application contrary to its intended purpose and subject matter as resulting from these Terms of Service, the Agreement, or the Documentation;
(4) the Service User provides incomplete (where mandatory) or false contact or billing data (e.g., first and last name, company name, address);
(5) the Service User uses the Application for unlawful activity or activity constituting abuse of rights, infringing third-party personal rights or other rights, contrary to good practices or principles of social coexistence;
(6) the Service User’s actions create a threat to the security of the Service Provider’s ICT system;
(7) the Service User provides Illegal Content or other content inconsistent with these Terms of Service in the Application, including unlawful, vulgar, or offensive content, content infringing third-party personal rights and copyright or other intellectual property rights, content contrary to good practices and principles of social coexistence, as well as content directly or indirectly promoting other websites, companies, products, and services competing with the Service Provider and the Online Service; or
(8) the Service User uses the software made available to them contrary to the terms of use, including the limitations and exclusions specified in these Terms of Service or the Documentation, or contrary to generally applicable law, including copyright provisions regulating private use or unfair competition regulations.
Suspension of the Subscription consists in suspension of the ability to log in to the Client Panel. During suspension, it is also impossible to use any functionalities and resources of the UpWayData Application associated with the Client Panel. Suspension may be imposed for a fixed period indicated by the Service Provider or for an indefinite period – until the reason for suspension has been clarified and ceased. During suspension, the Service User should take action to remove the cause that formed the basis for the suspension and, once it has been removed, is obliged to inform the Service Provider thereof without delay. The Service Provider resumes the Subscription without delay, no later than within 7 Business Days from the moment it confirms that the cause of suspension has ceased.
Before deciding to suspend or terminate the Agreement, the Service Provider shall, where possible, call upon the Service User to cease the infringements, and only if such call proves ineffective or impossible may the Service Provider take an appropriate decision. The Service Provider may also suspend immediately and without prior notice, solely to the extent and in the case necessary to prevent the risk of continuation of infringements that could expose the Service Provider to serious damage (e.g., unauthorized dissemination of Application resources or other breach of the terms of use of the Application by the given Service User justifying immediate suspension of their Subscription). Immediately after making such decision, the Service Provider sends the Service User a message informing them of the reason for the suspension or termination of the Agreement to the email address provided in their Client Panel. The Service Provider undertakes first to decide to suspend the Subscription and only if such suspension proves ineffective or purposeless due to the gross nature, including the recurrence and scale of the infringements, may the Service Provider decide to terminate the Agreement. A decision to terminate the Agreement results in the irreversible deletion of the Service User’s access account in the Client Panel and all data assigned thereto.
If the Subscription suspension lasts at least 30 calendar days and the reasons for suspension have still not ceased, the Service Provider has the right to decide to terminate the Agreement with at least 7 days’ notice by sending an appropriate statement to the email address provided in the Client Panel. After the expiry of the notice period, the termination becomes effective.
Regardless of the preceding provisions, with respect to a Service User who is not an Entrepreneur with Consumer Rights, the Service Provider may, at its discretion, suspend the Subscription or terminate the Agreement with immediate effect in the event that the Service User breaches its provisions or other conditions of the Agreement governing the use of the Application, which shall not give rise to any additional claims by that Service User against the Service Provider.
In the event of deletion, uninstallation, or resignation in any other way from the use of the Application – including suspension or termination of the Agreement for reasons or initiative lying solely on the side of the given Service User – that Service User shall not be entitled to a refund of fees for the unused Subscription period or to an extension of the Subscription by the period during which the Service User could not use it. The reservation referred to in the preceding sentence is not intended to exclude or limit any statutory rights of a Service User who is an Entrepreneur with Consumer Rights, in particular with respect to the right to submit complaints under the procedure provided for in Section 11 of these Terms of Service.
Termination of the use of the Application services in any manner (including through deletion of the Client Panel access account) is without prejudice to the possibility of further storage of the Service User’s data for the period necessary to fulfill the remaining processing purposes (other than those related to the performance of the Agreement) in accordance with the privacy policy of the Online Service.

8. LIMITATION OF LIABILITY OF THE SERVICE PROVIDER

This section of the Terms of Service and none of the provisions contained herein are directed to, and thus do not bind, a Service User who is an Entrepreneur with Consumer Rights, unless the application of the provisions below to such Service User is not prohibited by generally applicable law.
Pursuant to Article 558 § 1 of the Civil Code, the Service Provider’s liability under warranty for defects in the Application towards the Service User is excluded. The total liability of the Service Provider and the only compensation or satisfaction available to the Service User under the Agreement for access to the Application consists of prompt repair of the functioning of the Application and its Electronic Services, without prejudice to any liability resulting from mandatory provisions of law.
Under no circumstances shall the Service Provider or its suppliers be liable for damage or infringement of third-party rights caused directly or indirectly by the functioning of the UpWayData Application, including damage caused by inability to use it, interruptions in operation, and any recurring, incidental, or special damages of any kind, including loss of profits or cost reduction, regardless of whether the Service Provider’s representative was informed of the possibility of such damage or third-party claims. None of the limitations contained in these Terms of Service and separate terms of the Agreement shall limit the Service Provider’s liability for personal injury caused by the intentional act of the Service Provider. The Service User expressly acknowledges the Service Provider’s right to act on behalf of its suppliers solely with respect to the exclusion of liability and the exclusion and/or limitation of duties or obligations specified in this section.
The Service Provider shall not be liable to the Service User for damages and non-performance of obligations resulting from force majeure events (e.g., natural disasters, epidemics, wars, riots, unrest, floods, fires, acts of executive or legislative authorities) or any other causes beyond the reasonable control of the Service Provider.
The Service Provider’s liability towards the Service User, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of remuneration paid under the Agreement for access to the Application, and in any event no more than one thousand Polish zloty. The monetary limitation referred to in the preceding sentence also applies in the absence of conclusion of an Agreement with the Service User or where claims are not directly related to the Agreement. The Service Provider shall be liable towards the Service User only for typical damages foreseeable at the time of conclusion of the Agreement, caused intentionally or through gross negligence, and shall not be liable for lost profits in relation to the Service User.

9. CONTACT WITH THE SERVICE PROVIDER

The primary form of ongoing remote communication with the Service Provider, depending on the Service User’s choice, is the contact form on the Service website (typically available in a “Contact” tab) or email (office@upwaydata.com), through which information regarding use of the Online Service and the UpWayData Application may be exchanged with the Service Provider. Service Users may also contact the Service Provider by other means permitted by law using the contact details indicated at the beginning of these Terms of Service.
The Service Provider also makes it possible for Service Users using the Application to contact technical support via the help module, including internal chat, available after logging into the Client Panel.

10. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS OF SERVICE

This section of the Terms of Service contains provisions arising from the Digital Services Act insofar as they concern the Online Service and the Service Provider. As a rule, the Service User is not obliged to provide content while using the Online Service unless these Terms of Service require the provision of specific data (e.g., data required to place an Order). The Service User may also have the possibility to provide and store data, for example via the Client Panel in the Service, using tools made available for this purpose by the Service Provider. In every case of providing content by the Service User, they are obliged to comply with the rules contained in these Terms of Service.
CONTACT POINT – The Service Provider designates the email address office@upwaydata.com as its single point of contact. The contact point enables direct communication between the Service Provider and Member State authorities, the European Commission, and the European Board for Digital Services, and at the same time enables recipients of the service (including Clients/Service Users) to communicate directly, quickly, and in a user-friendly manner with the Service Provider by electronic means for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its contact point.
Procedure for reporting Illegal Content and actions pursuant to Article 16 of the Digital Services Act:
a. Any person or entity may report to the Service Provider, at office@upwaydata.com, the presence of specific information that such person or entity considers to be Illegal Content.
b. The report should be sufficiently precise and properly substantiated. For this purpose, the Service Provider enables and facilitates the submission, to the above email address, of reports containing all of the following elements: (1) a sufficiently reasoned explanation of why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and surname or name and email address of the person or entity submitting the report, except for reports concerning information considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the reporting person or entity that the information and allegations contained therein are accurate and complete.
c. A report referred to above shall be deemed to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in relation to the information concerned if it enables the Service Provider acting with due diligence to determine – without a detailed legal analysis – the illegal nature of the activity or information concerned.
d. If the report contains the electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity an acknowledgment of receipt of the report. The Service Provider shall also, without undue delay, notify such person or entity of its decision regarding the information covered by the report, providing information about the possibilities for appealing that decision.
e. The Service Provider shall process all reports it receives through the mechanism referred to above and make decisions with respect to the information to which the reports relate in a timely, non-arbitrary, and objective manner and with due diligence. If, for the purpose of such processing or decision-making, the Service Provider uses automated means, it shall include information on this in the notification referred to in the previous point.
Information on restrictions imposed by the Service Provider in connection with the use of the Online Service with respect to information provided by the Service User:
Regardless of and without prejudice to the other provisions governing the terms of use of the Service, the Service User is bound by the following rules when providing any content within the Online Service:
i. the obligation to use the Online Service, including for posting content (e.g., within Orders or the Client Panel), in accordance with its intended purpose, these Terms of Service, and in a manner compliant with law and good practices, taking into account respect for personal rights and the copyright and intellectual property rights of the Service Provider and third parties;
ii. the obligation to provide content that is factually correct and not misleading;
iii. the prohibition of providing unlawful content, including the prohibition of providing Illegal Content;
iv. the prohibition of sending unsolicited commercial information (spam) via the Online Service;
v. the prohibition of providing content violating commonly accepted rules of netiquette, including content that is vulgar or offensive;
vi. the obligation to hold – where necessary – all required rights and permissions to provide such content on the Online Service, in particular copyrights or required licenses, permits, and consents for their use, dissemination, sharing, or publication, especially the right to publish and disseminate them in the Online Service, as well as the right to use and disseminate image or personal data in the case of content that includes the image or personal data of third parties;
vii. the obligation to use the Online Service in a manner that does not pose a threat to the security of the Service Provider’s ICT system, the Online Service, or third parties.
b. The Service Provider reserves the right to moderate content provided by Service Users on the Online Service. Moderation takes place in good faith and with due diligence, either on the Service Provider’s own initiative or upon receipt of a report, in order to detect, identify, and remove Illegal Content or other content inconsistent with these Terms of Service, or to disable access thereto, or to take necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements laid down in the Digital Services Act, or the requirements contained in these Terms of Service.
c. The moderation process may be carried out manually by a human or may be based on automated or partially automated tools facilitating the Service Provider’s identification of Illegal Content or other content inconsistent with these Terms of Service. Upon identification of such content, the Service Provider decides whether to remove or disable access to the content, otherwise limit its visibility, or take other measures it deems necessary (e.g., contact the Service User in order to clarify concerns and amend the content). The Service Provider shall clearly and comprehensibly inform the Service User who provided the content (if their contact details are available) of its decision, the reasons for it, and the available possibilities for appealing that decision.
d. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
Any comments, complaints, claims, appeals, or objections regarding decisions or other actions or omissions taken by the Service Provider on the basis of a received report or a decision of the Service Provider made in accordance with these Terms of Service may be submitted according to a procedure analogous to the complaint procedure indicated in Section 11 of these Terms of Service. The use of this procedure is free of charge and enables complaints to be submitted electronically to the designated email address. Use of the reporting and complaint-handling procedure shall be without prejudice to the right of the person or entity concerned to initiate court proceedings and shall not affect their other rights.
The Service Provider shall process all comments, complaints, claims, appeals, or objections regarding decisions or other actions or omissions taken by the Service Provider on the basis of a received report or a decision made in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or other submission contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified, or that the information to which the complaint relates is not illegal and inconsistent with these Terms of Service, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to the removal or disabling of access to the content, otherwise limiting its visibility, or take other actions it deems necessary.
Service Users or other persons or entities who submitted reports of Illegal Content and to whom the Service Provider’s decisions regarding Illegal Content or content inconsistent with these Terms of Service are addressed have the right to choose any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State for the purpose of resolving disputes concerning those decisions, including with respect to complaints that have not been resolved within the Service Provider’s internal complaint-handling system.

11. COMPLAINT PROCEDURE

This Section 11 of the Terms of Service sets out a complaint-handling procedure common to all complaints submitted to the Service Provider, in particular complaints relating to Electronic Services, Agreements for use of the UpWayData Application, and other complaints related to the operation of the Service Provider, the Online Service, and its Application.
Unless the Agreement or separate individual arrangements of the parties provide otherwise, the total liability and obligations of the Service Provider towards the Service User with respect to the functioning of the UpWayData Application are governed by these Terms of Service, in particular the reservations and limitations contained in Sections 3 and 8. The above shall not exclude the pursuit of claims under mandatory provisions of law.
With respect to a Service User who is an Entrepreneur with Consumer Rights, the basis and scope of the Service Provider’s liability are regulated by statute, in particular by the provisions of the Civil Code and the Consumer Rights Act. In the case of a complaint regarding the functioning of the Application under an Agreement concluded on or after 1 January 2023, the Service Provider’s liability shall be determined by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43h–43q thereof. These provisions specify in particular the basis and scope of the Service Provider’s liability towards an Entrepreneur with Consumer Rights in the event of lack of conformity of the Application’s digital content or digital services with the Agreement. These provisions shall take precedence over any contractual arrangements contained in these Terms of Service.
Complaints may be submitted, for example, by email to: office@upwaydata.com, or in writing to: UPWAYDATA SP. z o.o., ul. Gen. Władysława Sikorskiego 166, lok. 0.03, 18-400 Łomża.
The Service Provider recommends including in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity; (2) the Service User’s expectations; and (3) the contact details of the complainant – this will facilitate and expedite the Service Provider’s handling of the complaint. The requirements indicated in the previous sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
If the contact details provided by the complainant change during the handling of the complaint, the complainant is obliged to notify the Service Provider thereof.
The complainant may attach to the complaint evidence related to the subject matter of the complaint (e.g., photos, documents, or screenshots). The Service Provider may also request the complainant to provide additional information or send evidence (e.g., photos) if this facilitates and expedites the complaint-handling process.
The Service Provider shall respond to the complaint without undue delay, no later than within 14 calendar days from the date of its receipt.

12. STATUTORY RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The provisions concerning the consumer contained in this Section 12 of the Terms of Service apply exclusively to an Agreement concluded with a Service User who is an Entrepreneur with Consumer Rights.
A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, subject to the exceptions indicated in Section 12.5 and the costs specified in Section 12.5 of these Terms of Service.
The withdrawal period for an Agreement whose subject matter is the use of the UpWayData Application begins on the date of conclusion of that Agreement.
To comply with the withdrawal period, it is sufficient to send the declaration before its expiry. The declaration of withdrawal may be submitted, for example, by email to: office@upwaydata.com, or in writing to: UPWAYDATA SP. z o.o., ul. Gen. Władysława Sikorskiego 166, lok. 0.03, 18-400 Łomża. For this purpose, the consumer may use the model withdrawal form constituting Annex No. 2 to the Consumer Rights Act, but this is not obligatory.
The right of withdrawal from a distance contract shall not be available to the consumer, among others, with respect to contracts: (1) for the provision of services for which the consumer is obliged to pay the price, if the Service Provider has fully performed the service with the consumer’s express and prior consent, who was informed before the performance began that upon full performance by the Service Provider they would lose the right of withdrawal and acknowledged this; (2) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Service Provider began performance with the consumer’s express and prior consent, who was informed before the performance began that upon performance by the Service Provider they would lose the right of withdrawal and acknowledged this, and the Service Provider provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
In the event of an effective withdrawal from an Agreement to which none of the exclusions indicated in Section 12.5 above apply, the following consequences and costs related to the consumer’s exercise of the right of withdrawal shall apply:
a. The Service Provider is obliged to refund to the consumer all payments made by them without undue delay and no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal, subject to the costs indicated in point b below. The Service Provider shall make the refund using the same payment method used by the consumer, unless the consumer expressly agreed to another refund method that does not involve any costs for them.
b. In the case of a service the performance of which – at the consumer’s express request – began before the expiry of the withdrawal period (e.g., activation of the Subscription), a consumer exercising the right of withdrawal after making such request is obliged to pay for the services performed until the withdrawal. The amount payable shall be calculated proportionally to the scope of the performance rendered, taking into account the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the amount shall be calculated on the basis of the market value of the performance rendered.
c. In the event of withdrawal from an Agreement whose subject matter is digital content or digital services – from the date of receipt of the consumer’s declaration of withdrawal, the Service Provider may not use content other than personal data supplied or created by the consumer during the use of the digital content or digital service supplied by the Service Provider, except for content which: (1) is useful only in connection with the digital content or digital service that constituted the subject of the Agreement; (2) relates exclusively to the consumer’s activity during use of the digital content or digital service supplied by the Service Provider; (3) has been combined by the Service Provider with other data and cannot be separated therefrom or can be separated only with disproportionate effort; (4) has been generated jointly by the consumer with other consumers who may continue to use it. Except for the cases referred to above in points (1)–(3), the Service Provider shall, at the consumer’s request, make available to them content other than personal data that was supplied or created by the consumer during the use of digital content or digital services supplied by the Service Provider. In the event of withdrawal, the Service Provider may prevent the consumer from further using the digital content or digital service, in particular by preventing access thereto from the Client Panel, which shall not affect the consumer’s rights referred to in the previous sentence. The consumer has the right to recover digital content from the Service Provider free of charge, without hindrance on the part of the Service Provider, within a reasonable time and in a commonly used machine-readable format.
d. In the event of withdrawal from an Agreement whose subject matter is digital content or digital services supplied by the Service Provider, the consumer is obliged to cease using the digital content or digital service and making them available to third parties.

13. ADDITIONAL PROVISIONS

This Section 13 of the Terms of Service and all provisions contained herein are not addressed to, and thus do not bind, a Service User who is an Entrepreneur with Consumer Rights, unless application of the provisions contained in this section to such Service User is not prohibited.
The Service Provider has the right to withdraw from the Agreement concluded with the Service User within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement in this case may occur without giving any reason and shall not give rise to any claims on the part of such Service User against the Service Provider.
The Service Provider is entitled at any time to take actions aimed at verifying the truthfulness, reliability, and precision of the information provided by the Service User, in particular the data provided in the Client Panel or in their Order. For the purpose of verification, the Service Provider is entitled, among other things, to request that the Service User send scans of certificates, attestations, or other documents necessary for verification. During the verification referred to in the previous sentence, the Service Provider is entitled to suspend activation of the Application or suspend the services provided to the Service User for the duration of the verification.
Any disputes arising between the Service Provider and the Service User shall be submitted to the court having jurisdiction over the registered office of the Service Provider.

14. COPYRIGHT

The copyrights and intellectual property rights to the Online Service as a whole and to its individual elements, including the UpWayData Application, as well as to the content, graphics, works, designs, and marks available therein, belong to the Service Provider or other authorized third parties and are protected under Copyright Law and other generally applicable legal provisions. Protection of the Online Service and the UpWayData Application covers all forms of their expression.
The structure, organization, and source code of the Online Service and the UpWayData Application constitute a valuable trade secret of the Service Provider and its suppliers. The Online Service and the UpWayData Application shall be treated similarly to any other work protected by copyright. The Service User has no right to copy the Online Service, Client Panel, UpWayData Application and its Electronic Services, or the Documentation, except where permitted by mandatory legal provisions. The Service User also undertakes not to modify, adapt, translate, reverse engineer, decompile, disassemble, or in any other way attempt to determine the source code of the Online Service and the UpWayData Application, except where permitted by mandatory legal provisions.
Individual elements of the Online Service and the UpWayData Application may be subject to separate terms of use and licenses – in such case the Service User is also obliged to comply with them. The Service Provider also reserves the right to individually agree license terms with the Service User by way of a separate agreement concerning use of the Application.
The Service Provider’s and third parties’ trademarks should be used in accordance with applicable law.

15. TECHNICAL INTERRUPTIONS AND FAILURES

The Service Provider makes due efforts to ensure the proper and uninterrupted functioning of the Online Service, including the UpWayData Application. However, due to the complexity and sophistication of the UpWayData Application, as well as external factors beyond the Service Provider’s control (e.g., DDOS – distributed denial of service attacks), errors and technical failures may occur which prevent or in any way limit their functioning. In such case, the Service Provider shall take all possible and reasonable measures to minimize the negative effects of such events as much as possible. The Service Provider shall promptly inform Service Users of any errors and technical failures referred to above and of the expected time for their removal.
The Service Provider does not guarantee that the Online Service, including the UpWayData Application, is free from errors or that the Service User will be able to use it without problems or interruptions. Furthermore, due to the constant development of new techniques for hacking and attacking Internet networks, the Service Provider cannot guarantee that the UpWayData Application will be free from vulnerabilities to intrusions or attacks. The Service Provider makes efforts, with due diligence resulting from the professional nature of its activity, to prevent such situations by applying appropriate security measures in line with current standards and trends.
Apart from interruptions caused by errors or technical failures, other planned technical interruptions may also occur, during which the Service Provider undertakes actions aimed at developing the Online Service and the UpWayData Application and securing them against errors, technical failures, or attacks referred to above.
The Service Provider plans technical interruptions in such a way that they are as little burdensome as possible for Service Users, in particular by planning them at times of reduced traffic (e.g., nighttime hours) and only for the time necessary for the Service Provider to perform required actions. The Service Provider informs Service Users of planned technical interruptions with appropriate advance notice, also indicating the expected duration of the interruption.
The Service Provider shall not be liable to Service Users for damages and non-performance of obligations resulting from any errors and technical failures and technical interruptions referred to in this Section 15 of the Terms of Service. This section is not intended to exclude or limit any rights of a Service User who is an Entrepreneur with Consumer Rights provided by generally applicable law, in particular with regard to the Service Provider’s liability for improper performance.

16. PERSONAL DATA

The controller of personal data processed in the Online Service in connection with the implementation of these Terms of Service is the Service Provider. The personal data of Service Users are processed for the purposes, during the periods, and on the bases and according to the principles indicated in the privacy policy published on the Online Service. The privacy policy contains in particular the principles concerning the processing of personal data by the Controller in the Online Service, including the bases, purposes, and periods of processing, the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Service. Use of the Online Service is voluntary. Likewise, the provision of personal data by a person using the Online Service is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the Agreement and statutory obligations of the Service Provider).
Use of the Online Service may involve the need for the Service User to entrust to the Service Provider personal data belonging to third parties (e.g., employees, clients, or other persons whose data are stored at the Service User’s request within the UpWayData Application). Matters concerning entrusting the processing of personal data are governed by the data processing agreement constituting Annex No. 1 to these Terms of Service.
A Service User who stores in the Online Service any data concerning third parties, including their employees, contractors, clients, or other third parties, is obliged to ensure that such data have been collected in accordance with generally applicable law and that all necessary information obligations towards those persons have been fulfilled or all necessary consents and permissions enabling the storage of their data in the UpWayData Application have been obtained. The Service User is liable towards the Service Provider for any possible damage caused to the Service Provider and the Online Service as a result of claims arising from the storage of personal data of persons whose data the Service User obtained, processed, or placed in the Online Service without proper authorization.

17. FINAL PROVISIONS

Agreements concluded on the basis of these Terms of Service shall be concluded in the Polish language.
If any provision of these Terms of Service proves invalid in whole or in part, the remaining provisions shall remain in force, and the Service Provider and the Service User undertake, at the request of either of them, to replace the invalid provisions with provisions whose legal force and economic effect are as close as possible to those being replaced.
The Service Provider reserves the right to amend these Terms of Service for important reasons, namely: changes in law; changes in the type and form of Electronic Services or other offered services; addition or removal of Electronic Services; changes in payment methods and deadlines or in the performance of the Agreement; the need to counter an unforeseen and direct threat related to the protection of the Online Service, including the UpWayData Application and its Electronic Services, and Service Users against fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that such changes affect the implementation of these Terms of Service.
a. Notice of proposed changes shall be sent at least 15 days before the date on which such changes enter into force, subject to the possibility that a change may be introduced without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend the Terms of Service in a manner that prevents compliance with the 15-day notice period; or (2) must exceptionally amend its Terms of Service in order to counter an unforeseen and direct threat related to the protection of the Online Service, including the Application and its Electronic Services, and Service Users against fraud, malware, spam, data breaches, or other cybersecurity threats. In the latter two cases referred to in the previous sentence, the changes take effect immediately unless a longer implementation period is possible or necessary, of which the Service Provider shall notify each time.
b. In the case of agreements of a continuous nature, the Service User has the right to terminate the agreement with the Service Provider before the expiry of the notice period for the proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notice. In the case of a continuous agreement, the amended Terms of Service shall bind the Service User if they were properly notified of the changes in accordance with the notice period before their implementation and did not terminate the agreement during that period. Additionally, at any time after receiving notice of the changes, the Service User may accept the introduced changes and thus waive the remainder of the notice period. In the case of agreements of a nature other than continuous agreements, changes to the Terms of Service shall in no way affect rights acquired by the Service User before the date on which the changes enter into force.
c. If an amendment to the Terms of Service results in the introduction of any new fees or an increase in current fees, an Entrepreneur with Consumer Rights shall have the right to withdraw from the Agreement.
In matters not regulated by these Terms of Service, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text: Journal of Laws of 2020, item 344, as amended); the Consumer Rights Act; Copyright Law; and other relevant generally applicable legal provisions.

Thank you for taking the time to read our Terms of Service.

If you have any questions, we remain at your disposal — please feel free to contact us.
We look forward to working with you.
The UpWayData Team