Terms of service

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RE_CLOUD  RULES

I. Definitions and General 

  1. These Rules set out the type, scope and terms and conditions of the "re_cloud" service (hereinafter the "Service"), the terms and conditions for the conclusion and termination of the Service agreement, the procedure for complaints, as well as information on the processing of personal data of re_cloud users. 
  2. The Service provider, hereinafter referred to as the "Service Provider", is REDATA sp. z o.o. with its registered office in Warsaw at Niedźwiedzia 29B, registered in the National Court Register under number 0000898166, held by the District Court for the capital city of Warsaw. 
  3. "User", within the meaning of these Rules, is any entity (natural person, legal person or organisational unit without legal personality, having legal capacity) that uses the Service, an entity that has concluded an agreement for the provision of the Service or an entity for whose benefit such agreement has been concluded.
  4. "Consumer" means a natural person who enters into an agreement for the provision of a Service or for whose benefit such agreement is concluded, for a purpose which is not directly related to their commercial or professional activity. 
  5. "Service" is the service provided by the Service Provider to the User, consisting in granting the User access, via the Internet, to an interactive panel where the User can upload reports (files) from the tools: re_data, pandas_profiling and dbt_docs.
  6. “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

 

II. Agreement Conclusion and Termination

  1. The conclusion of the Service agreement requires the User to complete and accept the registration form available on the Service Provider's website, to read these Rules and accept their content. 
  2. The User who has concluded a Service agreement has the right to withdraw from such agreement within 14 days of its conclusion by sending an email or contact form available on the Service Provider's website from the User's email address or by a message sent after logging in to the re_cloud cloud User panel. 
  3. The Service agreement is concluded for an indefinite term and is renewed for the next settlement period, subject to the provisions set out in the following section. 
  4. Either party may terminate this agreement with effect as of the end of a settlement period, at the latest 14 days prior to the end of the current settlement period
  5. The User terminates the agreement by sending a termination notice by email or a contact form from the User's email address or by a message sent after logging in to the re_cloud User panel. 
  6. The Service Provider terminates the contract by sending a termination notice to the e-mail address provided by the User. 
  7. The Service Provider deletes all data uploaded by the User via re_cloud immediately upon termination or withdrawal from the concluded agreement.

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III. Registration and Activation of Service

  1. The User undertakes to provide the data required by the Service Provider in the registration form when ordering the Service which are true. 
  2. By registering, the User states that they:

     a) have read the Rules; 

      b) agree to the conclusion of the agreement electronically; 

    c) agree to receive information about changes in the provision of the Service by the Service Provider and commercial information from the Service Provider.

  1. The Service Provider may withdraw from the concluded agreement if:

      a) there is a reasonable suspicion that the data provided by the User during registration is false; 

      b) there is a reasonable fear that the Service will be used for purposes which are incompatible with the purpose and nature of the Service, in particular if it will be used by the User in a manner which prevents or interferes with the use of the Service Provider's or other entities' hardware resources, and if there is a reasonable fear that actions which constitute prohibited acts will be carried out by the use of the Service; 

    c) the User has previously used the Service in a manner contrary to its purpose or if the User has infringed third party rights, provisions of the Terms of Use or generally applicable laws during registration or in connection with previous use of the Service. 

  1. The provision of the Service to the User will start immediately after acceptance of the registration form by the Service Provider and activation of the Service by the User, of which the User will be informed by e-mail to the e-mail address provided in the registration form.

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IV. Test Period

  1. After activating the Service, the User is entitled to a free thirty-day access to the Service ("Test Period"). 
  2. Before the end of the Test Period, the User will be informed of the need to make a payment in order to maintain access to the Service. 
  3. If the User does not make a payment, in accordance with the rules specified in section V, the agreement to provide the Service will be terminated on the first day after the end of the Test Period.

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V. Payments and settlement

  1. Payment for the Service is made through Stripe Payments Europe, Limited based in Dublin ("Payment Operator"). 
  2. The amount of the fee for providing the Service results from the price list in force on the day of registration of the Service posted on the Service Provider's website. 
  3. In order to make a payment for the Service, the User must have a payment card accepted by the Payment Operator. Detailed technical requirements regarding the types of payment cards may depend on the guidelines of the Payment Operator. 
  4. In order to make a payment, the User should add card details through the re_data cloud User panel, providing its number, expiration date, and CVV/CVC code. The User should also read and accept the Terms and Conditions, the amount of the fee for providing the Service, and the Payment Operator's Terms and Conditions.
  5. The User's card data will be stored only by the Payment Operator.
  6. By making a payment for the Service, the User agrees to the regular charge issued to the card every 30 days (Settlement Period), in accordance with the amount of the fee for providing the Service accepted by the User ("Cyclic Payment").
  7. During the period of using the Service, the User is obliged to maintain the card that was indicated for the purpose of making Cyclic Payments and to provide the necessary funds for their execution. 
  8. In the event of refusal of authorization and cancellation of the Cyclic Payment, the Service Provider will make another attempt to charge the card respectively after 1, 3, and 5 days from the first attempt. After the fourth unsuccessful attempt to charge the card (in particular due to insufficient funds to make the payment, the card's expiration at the time of attempting to charge it, etc.), the Service Provider blocks the User's access to the Service. 
  9. If within 14 days of blocking access to the Service, the User does not make the overdue Cyclic Payment, the agreement to provide the Service will be terminated with immediate effect.

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VI. Service Terms and Conditions

  1. The User may only use the Service within the scope of its specifications and these Rules. The Service Provider is not responsible for the consequences of the software installed by the User, nor for the consequences of third parties coming into possession of passwords to access the Service.
  2. The User undertakes to use the Service lawfully and in accordance with its intended purpose and not to take any action which consists in particular in:

     a) uploading content to re_cloud that does not comply with applicable laws (including but not limited to illegal software, incitement to violence, hatred, pornographic scenes involving children or animals), social norms and customs;

      b) using the Service to process through it special categories of personal data referred to in Article 9 of the GDPR;

     c) acting, intentionally or unintentionally, to the detriment of other Users, as well as other actions to the detriment of the Service Provider; 

   d) transferring to third parties the right to use the Service without the  consent and knowledge of the Service Provider; 

     e) intentionally or unintentionally causing the Service system to be unstable; 

      f) infringing the rights of third parties, in particular copyrights.

  1. The Service Provider has the right to introduce additional technical safeguards at any time to prevent the User from taking actions contrary to the provisions of the Rules. 
  2. In the event of a breach of the Rules or the occurrence of circumstances leading to the instability of the Service system, the Service Provider may withhold further provision of the Service to the User or partially limit its functionality, as well as take other measures to prevent the consequences of the breach of the Rules, without incurring any liability towards the User for this. 
  3. The Service Provider reserves the right to:

    a) discontinue the Service periodically for the purposes of system expansion, hardware maintenance or software updates, upon prior notice to the User by email; 

   b) send technical messages related to the operation of the Service and information about the Service Provider's current offers and promotions to the e-mail accounts provided by the User.

  1. The Service Provider is not liable for the manner in which the Service will be used or for any consequences or damage resulting therefrom, the wording and other content of the transmitted data, interruptions in the functioning of the Service, occurring for reasons beyond the Service Provider's control, loss of data caused by external factors (e.g. hardware, software failure), which, despite the exercise of due diligence, the Service Provider had no control over. 
  2. The amount of the User's claim for non-performance or improper performance is limited to the amount of the fee paid by the User for the provision of the Service for the settlement period in which the event giving rise to the claim occurred. 
  3. The Service Provider’s liability for lost benefits and indirect damages is hereby excluded.
  4. The User is obliged to inform the Service Provider immediately of any changes to their personal data provided during the Service registration process. Any correspondence sent by the Service Provider by e-mail to the User's e-mail address provided at the time of Service registration or any other address subsequently provided (changed) by the User during the provision of the Service is deemed to have been delivered. The same applies to any correspondence sent by registered post to the User's last known address.

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VII. Complaint Procedure

  1. A complaint made by the User in connection with non-performance or improper performance of a service should be made in writing and should specify:

       a) the User, in a way that allows them to be identified; 

     b) the name and type of the service to which the complaint relates; c) the subject of the complaint and the circumstances justifying the complaint.

  1. The complaint should be sent by e-mail to the Service Provider's address. 
  2. The Service Provider will review the complaint within 14 days from the date of receipt and will send the User a response, indicating how the complaint has been resolved and the reasons therefor.

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VIII. Personal Data Processing

General

  1. The controller of Users' personal data is REDATA sp. z o.o. with its registered office in Warsaw, Niedźwiedzia 29B, 02-737, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Division of the National Court Register under number KRS 0000898166. 
  2. The Service Provider has implemented the necessary technical and organisational measures to secure the Users' personal data in accordance with applicable laws.
  3. Personal data provided in forms on the Service Provider's website are treated as confidential and are not available to unauthorised persons.


Controller

  1. The Service Provider is the controller of the Users' data provided in the course of registration for the Service, such as first name, last name and e-mail address. 
  2. Personal data will be processed:

      a) in accordance with personal data protection laws;

      b) in accordance with the Rules; 

   c) to the extent and for the purpose necessary for the establishment,         formation, modification or termination of the agreement and the correct            performance of the Service.

  1. Each data subject (if the Service Provider is the controller) has the right of access, rectification, erasure or restriction of processing, the right to object, the right to lodge a complaint with a supervisory authority and the right to data portability, without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal. 
  2. Any data subject (if the Service Provider is the controller) and the processing of their data is based on consent given by the data subject, has the right to withdraw the consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent before its withdrawal. 
  3. The person responsible for the processing of personal data within the Service Provider's organisation may be contacted electronically through the contact form available on the Service Provider's website. 
  4. The deletion of personal data may take place as a result of the withdrawal of consent to data processing or the lodging of a legally permissible objection to the processing of personal data.
  5. The Service Provider reserves the right to process the User's personal data after the termination of the Service agreement or the withdrawal of the consent to process the data only for the purpose of asserting possible claims in court or if national or EU or international law obliges the Service Provider to retain the data. 
  6. The Service Provider has the right to make the User's personal data and other data of the User available to entities authorised under the relevant legislation (e.g. law enforcement agencies). 
  7. The Users' personal data will only be processed in countries that are part of the European Economic Area or in third countries when they meet the requirements of the GDPR.
  8. Only persons duly authorised by the Service Provider have access to the Users' personal data.

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Cookies

  1. The Service Provider's website uses cookies. These are small text data sent by the web server and saved by the web browser software. When the browser reconnects to the site, the site recognises the type of device the user is connecting from. The parameters allow only the server that created them to read the information they contain. Cookies therefore facilitate the use of previously visited sites. The information collected relates to the IP address, type of browser used, language, type of operating system, internet service provider, time and date information, location and information sent to the website via forms. 
  2. The data collected are used to monitor and check how users use the Service Provider's website in order to improve its functionality by providing a more efficient and seamless navigation. 
  3. The Service Provider's website uses the following cookies:

     a) indispensable cookies to enable the use of services available on the                  website, e.g. authentication cookies used for services requiring authentication      on the website; 

  b) cookies used for security purposes, e.g. used to detect misuse of              authentication on the website; 

    c) performance cookies, enabling the collection of information     about the             use of the website's pages; 

   d) functionality cookies, which make it possible to "remember" the user's selected settings and personalise the user's interface, e.g. with regard to the user's chosen language or region of origin, font size, website design, etc.

  1. The User has the option of disabling or restoring the collection of cookies at any time by changing the settings in their web browser. 

 

IX. Miscellaneous

  1. The Rules and Regulations enter into force as of 09.09.2022 and will apply to agreements concluded with the Service Provider from this date onwards. 
  2. The Service Provider may, during the term of the agreement, either introduce new Rules and Regulations for the re_cloud service or make changes to the content of the existing Rules. 
  3. The Service Provider shall notify the User of the change introduced or of the introduction of the new Rules and Regulations by sending an e-mail with the content of the new Rules (and, in the case of changes to the Rules, with information on the changes introduced) and a link to the website containing the content of the new Rules or the changes introduced, to the e-mail address indicated by the User for correspondence. 
  4. The transfer of rights and obligations arising from the Service agreement concluded with the User requires the consent of the Service Provider. 
  5. Any agreements concluded with the Service Provider on the basis of these Rules are governed by the relevant provisions of Polish law. 
  6. These Rules are without prejudice to the consumer's rights under applicable laws, which take precedence over these Rules.

 


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