§ 1 Scope of the Terms and Conditions

The present Terms and Conditions determine the usage and functionality conditions, rights and responsibilities of users and the scope of responsibility of the Operator of PushAd website located at https://push-ad.com/en

§ 2 Glossary

Terms used in the present document bear the following meaning:

Operator –  PushAd Software Sp. z o.o. with its seat in Warsaw located at al. Jerozolimskie 107, 02-011 Warsaw, inscribed to the entrepreneurs’ National Court Register (Krajowy Rejestr Sądowy) maintained by the District Court for the Capital City of Warsaw, 13th Division of the National Commercial Court Register under no. 0000676524 with NIP no. NIP PL5213780119 and REGON 367216448 i.e. the entity providing the resources of the Portal and the Application;

API – the Application’s functionality enabling its integration with external applications used by the User.

Application – an Internet application enabling the Users ­– depending on the selected package – to create databases of subscribers for Push Notifications, sending Push Notifications, reviewing the statistics on the acquired subscribers and sent notifications.

Pricing – a list of existing fees for using each package within the Application, published on the website https://push-ad.com/en/pricing/.

Personal data– personal data within the meaning of Article 4(1) of Regulation 2016/679, made available by the User for Controller’s processing.

Password – created by the User string of the minimum of 8 (eight) symbols consisting of lower- and uppercase letters, numbers or special signs, used for protecting the access to the Application and other portals of the Operator, which the User obliges to change at least once each 90 days for other password than the last 4 ones. The password required for the User to log into the Portal.

Login – the e-mail address provided by the User upon registering, used for using the Application and other portals of the Operator.

Personal Data Processing – all the operations performed upon Personal Data, such as collection, recording, storage, development, alteration, disclosure, reading the data and their erasure within the meaning of Article 4(2) of Regulation 2016/679.

Terms and Conditions – the present document with annexes constituting its integral part.

Regulation 2016/679 – Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation – lGDPR) (O.J. EU L of 2016, No 119, p. 1) and all implementing acts to this Regulation 2016/679, as well as all binding guidelines of authorities appointed to monitor the execution of Regulation 2016/679.

Portal – an online portal at https://push-ad.com/en enabling e.g. using the Application.

Services – services in the meaning of the Act of 18 July 2012 on the electronic provision of services, which include:
– Information Services – consisting in providing information in the Portal from the scope of Push Notification communications in a broad sense.
– IT Services – consisting in providing Applications by the Operator.

User – a person having full capacity to perform acts in law who through the acceptance of the Terms and Conditions gained access to the Services. The User can be also a legal person and organizational entity other than a legal entity who is given legal entity by the Act and who uses Services provided by the Operator.

§ 3 Technical requirements

In order to use the Portal it is necessary to have a device with Internet access, application used to browse through the Internet content (browser) and in order to use the Application – apart from the above mentioned – also an e-mail account (e-mail). The User or any other person visiting the Portal is obliged to provide the abovementioned devices and the required software on his/her own.

§ 4 First time using of the Application

In order to use the Application the User is obliged to provide his/her e-mail address, create a Password and optionally a Login through the form available at https://app.push-ad.com/?run=onboard/simple/. The successful completion of this actions enables to use the Application for the first time.

A prerequirement for the Operator to begin providing the Service is the acceptance of the Terms and Conditions without any comments.

§ 5 Application Functionality

The User can use the Application to:

• generate the code enabling to integrate the user’s website with the Application;
• attract subscribers (people who accept in their Google Chrome, Mozilla Firefox or Safari browser to receive notifications to the browser from the website);
• create segments from website visitors, manage segments;
• define triggers and set notification recipients;
• generate the notification appearance to the extend enabled by the native format of a given browser;
• send notifications to subscribers on the screens of their computers, telephones and tablets to the browsers of versions enabling such action;
• browse the statistics on the numer of subscribers, sent notifications and their effectiveness.

§ 6 Packages

The User may buy the access to the Application for a month, half a year or a year and use it according to the principles established in the present Terms and Conditions. The price for a given package depends on the package type and the number of subscribers that the User has. The User may also buy a non-standard plan established according to his requirements.

By selecting a given tariff plan (subscription) the User using the paid version of the Application agrees to the Operator collecting a cyclical (30-day) Payment (PayU S.A. or Stripe) from the credit card – the amount equal to the amount of the tariff plan fee. The fee shall be collected by the Payment Operator once every 30 days. In case of lack of funds on the set payment card or in case of no determined card for the account, the user will be reminded about the need to replenish funds or pay the pro-forma. In case of lack of payment within 14 days, the account will be automatically switched to the Freemium plan until any payment irregularities are corrected. Within 24 hours of making due payment, the previously chosen plan will be reinstated. While the account is switched to the Freemium plan, the account will be limited to functionalities of the Freemium tariff plan.

Under the cyclical payment service the User may save the card details and commission a recurring payment. The card details shall be kept by the Payment Operator (PayU S.A. or Stripe). PayU or Stripe, facilitating the payment realization, shall provide access to the unique User account identificatory by the means of which the User makes cyclical payments for the company.

The User may deactivate the cyclical payment collection form the card at any moment in the ACCOUNT SETTINGS in the PAYMENTS tab.

If the user doesn’t want to use the payed version of the Application, there is a Freemium version. It allows the Operator to display a rotational advertisement in the bell widget area (with a URL address), send notifications to the user’s subscribers and use the PushAd code as a container for other commercial scripts.
On account of advertising campaigns carried out by PushAd the user may be entitled to receive remuneration for the use of subscribers’ base for advertising purposes, regulated by separate contracts.

Creating a Freemium account does not require making any payment.

§ 7 The responsibilities of the User and other person visiting the Portal

During the process of creating a Login and a Password the User is required to provide real personal and contact details necessary to the correct realization of the IT Service as well as their actualization. The User takes full responsibility for the infringement of the abovementioned specific obligation.

The User and other person visiting the Portal are required to use the Portal and the Application in accordance with the law and good practices and are especially required to respect personal rights and intellectual property rights of the third parties.

For protection of his/her interests, the User shall keep in secret details enabling the access to the Application, especially that they provide him with the access to other portals of the Operator. In case the User loses his/her details, it is possible to recover the Login and generated Password using the “Have you forgotten your password?” option. When this option is selected, the User shall follow the instructions displayed by the Portal. After 5 unsuccessful attempts to log in, the account is temporarily blocked.

For his/her safety, when choosing the password, the User shall choose a safe password, i.e. a string of minimum of 8 (eight) symbols consisting of lower- and uppercase letters, numbers or special signs and change it at least once each 90 days for other password than the last 4 passwords used in the Application.

The User is required to use the API solely for the purposes of implementing the contract for providing the Service. Thus, it is forbidden to use the API for other purposes, including the import of data and User documents collected in the Application for other programs or applications.

The User and other person visiting the Portal take full and exclusive responsibility for the content entered by the User to the Portal and the Application, especially for the data necessary to the proper calculation of the amount of public and legal liabilities.

The Operator has the right to suspend or deprive access to the Application if the User goes against the provisions of the Regulations or his actions may jeopardize the security of data collected in the Portal or the Application or its operation shall be detrimental to the good name of the Operator or the reputation of the Portal or Application.

In the cases referred to in paragraph 6 the user is not entitled to reimbursement of the fees he has paid based on the Terms and Conditions and Pricing.

§ 8 Operator Responsibility

The application is solely meant to support conducting business activity by the User, and therefore the Operator shall not be held liable for any such business activity carried out by the User.

The Operator stipulates that the use of the Service is solely at the expense and risk of the visitor.

The Operator reserves the right to temporarily discontinue the provision of the Services in case of any failure or technical upgrading of the Service or Application. Discontinuing the provision of the IT Services for a period longer than 24 h does not cause any liability to the Operator. If the IT Services are not provided for more than 48 hours in a given month, the User shall be entitled to request a reduction of his monthly fee indicated in the Pricing section by 3% of the plan value for each full 24 hours above the time limit indicated above.

The Operator shall not be held liable for the accuracy or reliability of the contractor data obtained by the User using the Application functionality described in paragraph 6 section 4.

The Operator shall not be held liable for the content of advertising and promotional materials placed on the Portal or Application or distributed to Users as part of the advertising service provided by the Operator to other entities.

The operator shall not be held liable for any damages resulting from improper operation of the equipment or software of the User and other persons visiting the Portal.

The Operator shall not be held liable for any damages resulting from the disclosure of data accessing the Application to third parties by the User.

The Operator shall not be held liable for any damages resulting from the use or misuse of the Portal or Application, or any improper use of the Portal or Application by the User or any other person visiting the Portal unless such damages result from the intentional action of the Operator.

The Operator shall not be held responsible for any use of the Portal or Application by the User or any other person visiting the Portal in any manner contrary to the law, including in a manner inconsistent with the provisions of the Terms and Conditions.

§ 9 Claim handling procedure

Any possible complaints shall be reported by the User or any other person visiting the Portal in writing to the address indicated in the Operator’s designation, or via email to we.care@push-ad.com in order for them to be taken into account.

The complaint should include a detailed description of the incident justifying the complaint, name, surname and email address of the User or any other person visiting the Portal.

The Operator shall process the complaint within 14 days after the receipt of the application unless it is necessary to provide the Operator with additional information. In such case, the 14-day period is counted from the date of the delivery of such information.

The response to the complaint is sent solely to the email address given in the complaint.

§ 10 Protection of Intellectual Property Rights

The selection and layout of the content provided on the Portal and the Application constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights and as such benefit from the protection under legal provisions.

Any other works, trademarks and other elements such as texts, pictures or multimedia placed on the Portal or the Application are protected under paragraph 1.

Using the Portal or the Application by the User or any other person visiting the Portal does not imply their acquisition of any rights on intangible assets to the available works.

It is forbidden to copy or modify any part of the Portal or Application in whole or in part, or modify or otherwise than in the manner provided for in the Terms and Conditions without prior written consent of the Operator expressed in writing and shall be otherwise null and void.

§ 11 Data protection

It is the User that is the Controller of Personal Data processed by the Operator as part of the Service provision.

The User shall entrust the Operator with processing of entrusted data for the purposes of Service provision and within the scope in which they are collected as part of execution of the Terms of Use (e.g. name, surname, email address, telephone number, web browser ID, CookieID, IP address).

The Operator will process the data entrusted in line with applicable laws for the period of Service provision based on the said entrusting. After termination of the Service provision, the Operator shall be obliged to transfer the entrusted data to the User, which does not exclude further processing by the Operator acting as the controller, provided that this is compliant with applicable laws.

§ 12 Privacy Policy

As part of the provision of the Services, the Operator or the entities authorized by him shall be entitled to collect and process the data necessary for the provision of the Services that are not personal data.

The Operator declares that he uses the cookies mechanism which, by saving a short text information on the computer of the User or other person visiting the Portal, enabling him to be identified in order to optimize the use of the Portal and the Application.

The operator declares that he collects information about persons visiting the Portal or using the Application solely for its own purposes, and that these information are made available to third parties solely if:

• – it is required by legal provisions;
• – it is done for the purpose of providing Services and after receiving appropriate consent from the User;

The Operator reserves the right to compile statistics describing the population of the Users or other persons visiting the Portal in order to present them to potential commercial partners.

The detailed scope of the Privacy Policy has been described at: https://push-ad.com/en/privacy-policy/ .

§ 13 Final Provisions

The content of the Terms and Conditions is available on the Portal and may be saved on any device or printed at any time.

The Operator reserves the right to change the Terms and Conditions as well as the Pricing, however, any changes to the Pricing do not affect the provision of Services that has already been paid.

Any abovementioned modifications shall be effective within 7 (seven) days since the day of making the Terms and Conditions available in new wording.

The Terms and Conditions apply from 13.07.2018.