DEFINITIONS

  • Service Provider - Rationale sp. z o.o. with its registered office in Warsaw at the following address: al. Niepodległości 129/19, 02-570 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register (KRS), under KRS number: 0000727138, Tax Identification Number (NIP) : 5213822119, National Business Registry Number (REGON) : 369940533, with the share capital in the amount of PLN 5,000.00 paid in full
  • Terms - shall mean these Terms of Service
  • Bonder Web Service (BWS) - shall mean the Bonder web service (hereinafter referred to as the "BWS") operating at the following website address: https://www.bonder.app, run by the Service Provider on the terms and conditions specified in the Terms
  • Account Owner - shall mean a natural person, a legal person or an organisational unit which is not a legal person, on which the act confers legal personality, having full capacity to make legal acts, which - by accepting the Terms - gained access to the Services provided by the Service Provider through Account Registration in the BWS. The Account Owner shall be responsible for contents entered by the User
  • Account - shall mean the set of saved User's data and individual settings stored by the Service Provider and enabling the Service Provider to provide the Services. Access to the Account shall be possible through the User Panel
  • User - shall mean a person who administers the Account using the User Panel after creating and activating the Account in the BWS. The User may be the Account Owner or may administer the Account upon Owner's authorisation
  • Registration - shall mean one-time action made using a registration form available in the BWS, consisting in the creation of the Account by the User
  • User Panel - shall mean a BWS website which requires providing a Login and a Password by the User, which enables the User to modify the Public Data and Account settings
  • Login - shall mean an e-mail address which constitutes User's unique identifier in the BWS
  • Password - shall mean a string of characters defined by the User and assigned to the Login. The Password is required to sign in to the BWS by the User
  • Service - shall mean the service of publicly sharing the Public Data by the Service Provider through the BWS on the terms and conditions specified in the Terms. Reading and downloading the Public Data shall be possible after entering a correct Data Identifier on one of the BWS websites
  • Public Data - shall mean the set of data voluntarily defined within the Account by the User in the User Panel, which the Service Provider shares on the BWS websites as part of providing the Service. The scope and manner of sharing the Public Data shall be specified individually by the User. Due to the nature of the Service and the comfort of User's Clients, the Service Provider shall force the User to provide their name and surname in the Public Data, which is necessary to perform the Service. Saving data of other persons than the User in the Account shall require obtaining by the Account Owner consent of those persons for the use of their data as part of performing the Service by the Service Provider. If such a consent is not obtained, the Account Owner shall be responsible for sharing such data
  • Data Identifier - shall mean a unique string of characters assigned to the Public Data, which allows other persons to read and download the Public Data through the BWS websites
  • User's Client - shall mean persons who, by the will of the User, received the Data Identifier in order to read and download the Public Data shared through one of the BWS websites. The User's Client does not need to have an Account in the BWS in order to gain access to the Public Data
  • Visitor - shall mean persons visiting the BWS websites
  • Trial Period - shall mean the period until 2021-05-31, 23:59:59 GMT+0, during which the Service Provider allows for keeping the Account free-of-charge
  • Subscription Period - shall mean the period in which the Account is active and for which the Account Owner pays the Subscription Fee. The Subscription Period shall be 1 calendar year from the moment of crediting the Subscription Fee to the bank account of the Service Provider, calculating from the end of the day, e.g. crediting the Fee on 1st February 2021 at any time will set the Account's validity period until 31st January 2022 at 23:59:59 GMT+0
  • GMT - shall mean the Greenwich Mean Time
  • Subscription Fee - shall mean the fee for having the Account in the BWS, in accordance with the Price List
  • Price List - shall mean an offer presenting prices for keeping the Account in the BWS, available on the BWS websites
  • Identification Data - shall mean data defined by the User and used by the Service Provider in order to issue an invoice to the Account Owner for the provided Services:
    • 1. for a natural person - name, surname, address of registered permanent residence, correspondence address;
    • 2. for a legal person or an organisational unit which is not a legal person, on which the act conferred legal personality - company name, Tax Identification Number, address of its registered office, correspondence address.
  • Agreement - shall mean the Agreement on Rendering Electronic Services concluded by and between the Account Owner and the Service Provider at the moment of Registration. Registration shall be tantamount to the acceptance of the Terms by the Account Owner

GENERAL PROVISIONS

  • 1. The Terms shall specify the rules of using the BWS and the Services provided by the Service Provider for the Account Owner as well as define the scope of rights and obligations of the Service Provider and Visitors, including the Account Owner, User and User's Clients
  • 2. The Service Provider shall be the owner of the BWS and the entity which provides the Services indicated in the Terms.
  • 3. The Service Provider shall provide the Service consisting in sharing the Public Data declared by the User through the BWS and on the terms and conditions specified in the Terms.
  • 4. The type and scope of the Public Data as well as the scope of sharing it shall be determined by the User in the User Panel.
  • 5. Only those Users who gained access to the Account in the way indicated in the Terms shall have access to the Account.
  • 6. The Public Data in the scope defined by the User may be read and downloaded by Visitors after providing the correct Data Identifier on the BWS websites.
  • 7. The Account Owner accepts the fact that unauthorised persons who are not User's Clients may gain access to the Public Data. Therefore, the Account Owner shall release the Service Provider from legal liability if such a situation occurs.
  • 8. Reading and accepting the content of the Terms by the Account Owner shall constitute the condition of using the BWS and the Services provided by the Service Provider.
  • 9. The Service Provider reserves the right to entrust a third party with the on-going handling of the BWS.
  • 10. The minimum requirements for User's device, which are necessary for the correct operation of the BWS shall be the following: 1000 MHz processor, 512 MB of RAM, Internet access and a browser which supports Cookies, HTML5, CSS3 and JavaScript.
  • 11. The Service Provider will make all efforts to ensure stable and safe data transfer between devices connecting with the BWS.
  • 12. The Service Provider shall not be responsible for technical problems or device-related limitations on the side of the User and Visitor, which render the correct use of the BWS impossible.

PROVISIONS REGARDING USER'S CLIENTS

  • 1. By using the BWS, the User's Client accepts the provisions of the Terms.
  • 2. The User's Client shall not need to have the Account in the BWS to gain access to the Public Data.
  • 3. When downloading the Public Data, the User's Client may provide an e-mail address which will enable the User's Client to follow changes in the Public Data of a selected User. If changes are introduced in the Public Data by the User, the User's Client will receive a notification about that to the indicated e-mail address.
  • 4. Providing the e-mail address by the User's Client shall be voluntary.
  • 5. The Service Provider undertakes to use the e-mail address of the User's Client only to send notifications connected with the subscribed Public Data.
  • 6. After providing the e-mail address, the User's Client will receive an internet link sent to his/her e-mail box which allows for deleting his/her e-mail address from the list of User's Public Data subscribers. It is possible to unsubscribe from the subscriber list at any time.
  • 7. The Service Provider will not save the e-mail address of the User's Client if the User's Client unsubscribes from the list of User's Public Data subscribers.
  • 8. The Service Provider shall use Cookies towards the User's Client in accordance with the "PERSONAL DATA PROTECTION" section of these Terms.

PROVISIONS REGARDING VISITORS

  • 1. By using the BWS, the Visitor accepts the provisions of the Terms.
  • 2. The Service Provider shall use Cookies towards Visitors, in accordance with the "PERSONAL DATA PROTECTION" section of these Terms.

CREATING AND KEEPING THE ACCOUNT IN THE BONDER WEB SERVICE

  • 1. Access to the Services shall be possible after Account Registration in the BWS by the Account Owner and after paying the Subscription Fee by the Account Owner. The obligation of paying the Subscription Fee shall not apply during the Trial Period.
  • 2. Account Registration in the BWS shall be tantamount to accepting the Terms.
  • 3. The registration process shall require the Account Owner to provide an e-mail address and a Password compliant with the requirements specified on the BWS websites.
  • 4. The Service Provider will send a message to the e-mail address provided during the registration process with an internet link which enables Account activation in the BWS. Access to the User Panel shall be impossible until the moment of Account activation.
  • 5. If the Account Owner does not activate the Account within 24 hours from Registration, the data provided during the registration process will be automatically deleted from the BWS database and new Registration will be possible.
  • 6. After Account activation, the User may use the BWS for free during the Trial Period specified by the Service Provider.
  • 7. After the lapse of the Trial Period, the Account Owner may use the Subscription Period. In order to do so, the Account Owner is obliged to provide the Identification Data necessary to issue an invoice by the Service Provider.
  • 8. By way of Registration, the Account Owner shall consent to receiving invoices via e-mail.
  • 9. The Service Provider will render a pro-forma VAT invoice regarding the next Subscription Period available in the User Panel 30 days before the expiry of the Trial or Subscription Period. Within 7 working days from crediting the payment to the bank account of the Service Provider, a VAT invoice will be rendered available in the User Panel.
  • 10. The Service Provider shall have 7 working days to note the payment.
  • 11. If the Service Provider does not note the payment from the Account Owner after the end of the Trial Period or the Subscription Period, rendering the Services for the Account Owner by the Service Provider will be automatically ceased. The User will have the possibility of using the User Panel during the next 30 calendar day following the expiry of the Trial Period or the Subscription Period.
  • 12. If the Service Provider does not note the payment within 30 days from the expiry of the Trial Period or the Subscription Period, the Account will be automatically deleted from the BWS without the possibility of restoring it.
  • 13. The payment of the Subscription Fee on the basis of the pro-forma invoice rendered available in the User Panel will result in the extension of the Agreement by the next Subscription Period.
  • 14. The Agreement on Rendering Services concluded between the Account Owner and the Service Provider shall expire automatically upon the end of the Trial Period or the Subscription Period.
  • 15. The Account Owner may notice the termination of the Agreement at any time by deleting the Account from the BWS. The tool for deleting the Account shall be available in the User Panel. In the case of deleting the Account during the Subscription Period, the fees for the unused period shall not be refundable.
  • 16. After deleting the Account, all data related to the Account shall be permanently deleted and there will be no possibility of restoring them.
  • 17. After deleting the Account from the BWS, the Service Provider will have no possibility of restoring it and it will be necessary to register again.
  • 18. The User shall be responsible for keeping the confidentiality of the Password and Login.
  • 19. User's Login and Password shall constitute the basis for identification by the Service Provider and all transactions concluded through the User Panel shall be considered legally binding.
  • 20. The Service Provider reserves the right to block the Account and cease the provision of the Services during the Trial Period and the Subscription Period if it is proven that the User has not been observing the provisions of the Terms.
  • 21. By way of Registration, the Account Owner consents to electronic communication with the Service Provider to the e-mail address provided during Registration and via the User Panel.

USING THE BONDER WEB SERVICE

  • 1. The Service Provider shall have the right to modify the layout of the BWS and its functionalities during the term of the Agreement.
  • 2. The User of the BWS undertakes:
    • a. to use the BWS in a manner which does not interfere with its correct operation;
    • b. not to try to gain access to Accounts of other Users;
    • c. to use the BWS in accordance with legal provisions and the Terms;
    • d. not to use the BWS in a manner which prevents other Users from correctly using the Services and which prevents the Service Provider from providing the Services.
  • 3. The Service Provider shall not be responsible for damage and violation of personal rights of third parties resulting from User's actions.
  • 4. The Account Owner shall be solely responsible for the data saved on the Account.
  • 5. Users as well as Visitors are obliged to inform the Service Provider about noticed cases of breaching law and violating personal rights of third parties and other Users by the BWS Users.
  • 6. The Service Provider shall have the right to immediately delete or block a given Account, deprive the User of access to his/her Account and to temporarily or permanently cease the provision of the Service for the Account Owner during the Trial Period as well as the Subscription Period if the User violates the Terms or legal provisions. This shall relate in particular to:
    • a. violating personal rights of other persons or entities by the User,
    • b. publishing by the User contents which are contrary to applicable law or which damage the reputation of the Service Provider.
  • 7. If the circumstances referred to in item 6 occur, the Account Owner shall waive any claims against the Service Provider resulting from limitations in providing the Service by the Service Provider.
  • 8. The Service Provider reserves the right to provide the Services on terms and conditions which are determined individually.
  • 9. The Account Owner shall be fully and solely responsible for the content of data saved on the Account.
  • 10. The User shall be able to freely change the data saved on the Account.
  • 11. Due to the nature of the Service and comfort of the User's Clients, the Service Provider shall require from the User to provide his/her name and surname in the Public Data in order to perform the Service.

FEES

  • 1. The Services provided by the Service Provider shall be provided against payment, except for the Trial Period.
  • 2. The amount of the fees for the Services provided by the Service Provider shall be specified in the Price List.
  • 3. The Subscription Fee shall be collected in advance for the next Subscription Period.
  • 4. The Subscription Fee may be paid using payment methods rendered available in the User Panel.
  • 5. The Account Owner shall consent to the use of external payment intermediary entities by the Service Provider as well as to disclosing necessary personal data of the Account Owner to such entities in order to perform the transaction.
  • 6. In the case of using a payment card in order to pay for the Subscription Fee, the Account Owner shall consent to the fact that payments for the next Subscription Periods will be collected automatically until the moment of deleting the Account by the User through the User Panel or changing the payment method.
  • 7. Changing the method of paying the Subscription Fee shall be possible through the User Panel.
  • 8. The Service Provider shall have 7 working days to note the payment.
  • 9. The Service Provider shall render the rates of the Subscription Fee available in the Price List and the User Panel. The Account Owner may resign from the Services provided by the Service Provider at any time in the case of not accepting the amount of the Subscription Fee.

BREAKS IN THE OPERATION OF THE BONDER WEB SERVICE

  • 1. The Service Provider shall have the right to introduce technical breaks which will prevent Visitors from using the BWS.
  • 2. The Service Provider undertakes to introduce technical breaks during the GMT night time hours and will make all efforts so that technical breaks are as short as possible.
  • 3. In the case of technical breaks lasting more than 24 hours, the Service Provider shall allow for the possibility of adding two times the time of a given technical break to the validity period of the Account.
  • 4. The Service Provider shall not be responsible for the non-performance or undue performance of the Services caused by the circumstances specified in item 1, force majeure or actions of third parties or entities, including providers of network services and failures of the equipment.

PERSONAL DATA PROTECTION

  • 1. The Service Provider shall be the Controller of personal data. Personal data shall be processed in accordance with applicable law, pursuant to the Personal Data Protection Act of 29th August 1997 (uniform text, Journal of Laws (Dz. U.) of 2002, No. 101, item 926 as amended) and the Act of 18th July 2002 on Rendering Electronic Services (Journal of Laws (Dz. U.) of 2002, No. 144, item 1204 as amended).
  • 2. At the moment of Registration, the Account Owner shall accept the content of the Terms and shall consent to the processing of the saved personal data by the Service Provider.
  • 3. When using the service of notifications about changes in the Public Data, the User's Client shall accept the content of the Terms and shall consent to the processing of the saved personal data by the Service Provider.
  • 4. When visiting the BWS, Visitors shall accept the content of the Terms.
  • 5. The stored personal data may be used by the Service Provider in order to establish, change and terminate the legal relationship between the Account Owner and the Service Provider as well as to provide the Services.
  • 6. The Identification Data of the Account Owner shall be used exclusively for the purpose of conducting the payment process and issuing a VAT invoice.
  • 7. User's Public Data shall be used exclusively for the purpose of performing the Service in the manner specified in the Terms.
  • 8. The e-mail address of the User's Client shall be used exclusively for the purpose of sending notifications connected with the subscribed Data Identifier.
  • 9. The Service Provider undertakes to duly protect the processed personal data.
  • 10. The Account Owner shall accept the fact that the saved Public Data may be read by unauthorised persons through the BWS websites. The Service Provider will limit the probability of reading the saved Public Data by unauthorised persons by way of the used mechanisms of providing the Service.
  • 11. The Service Provider undertakes to process the stored personal data lawfully.
  • 12. In the case of a confirmed act of breaching law by the User through the BWS, the Service Provider reserves the right to render the Identification Data of the Account Owner available to legal authorities or third parties.
  • 13. The Service Provider shall use Cookies in order to improve the operation of the BWS. Cookies shall be used by the Service Provider exclusively for the purpose of improving the operation of the BWS, i.a. to remember settings and keep a current session between Visitor's computer and the Service and they shall not be used to track activity on the Internet. Cookies may be blocked or deleted by the Visitor.
  • 14. The User may modify the saved personal data at any time.
  • 15. The complete deletion of personal data shall be possible only by deleting the Account from the BWS. The Account may be deleted through the User Panel. The Service Provider will permanently delete the saved personal data within 7 days from the date of deleting the Account by the User. The fees for the unused Subscription Period shall not be refundable.
  • 16. If the User places personal data of other persons in the BWS, the User shall do that exclusively on his/her own responsibility. A person whose data was used by the User in an unauthorised way, may demand its deletion from the Service Provider. If the User expresses no good will, the Service Provider reserves the right to block or delete the Account. The fees for the unused Subscription Period shall not be refundable.
  • 17. Saving data of other persons than the User on the Account shall require obtaining by the Account Owner the consent of those persons for the use of their data as part of performing the Service by the Service Provider. If such a consent is not granted, the Account Owner shall be responsible for the use of such data as part of performing the Service by the Service Provider.
  • 18. The Service Provider undertakes to exercise due care of Account security. Noticed errors or bugs in the operation of the system should be reported to the help desk.

COMPLAINTS

  • 1. Complaints regarding the operation of the BWS should be sent via e-mail to the Support Team.
  • 2. A complaint may be submitted only from the e-mail address provided during Registration. The content of a complaint should include the reason for submitting the complaint and its detailed description.
  • 3. Complaints which are not compliant with the Terms will not be considered.
  • 4. The Service Provider shall have 14 working days to respond to complaints. This period may be extended depending on the reason for submitting a given complaint and User's will to cooperate.
  • 5. The decision of the Service Provider regarding a complaint shall be final and binding.

OTHER PROVISIONS

  • 1. The Service Provider shall have the right to transfer a part or all of its rights and obligations resulting from these Terms to a third party on the basis of sub-contracting agreements.
  • 2. The Account Owner may not waive the rights and obligations resulting from these Terms in favour of other persons and entities without the consent of the Service Provider.
  • 3. In matters not regulated by the Terms, the provisions of the Polish Civil Code and other Acts shall be applied.
  • 4. The Service Provider shall have the right to introduce changes in the Terms during the term of the Agreement concluded with the Account Owner.
  • 5. If the Account Owner does not consent to changes made in the Terms, the Account Owner may delete the Account from the BWS through the User Panel after the expiry of the Trial Period or the Subscription Period.
  • 6. The Terms shall enter into force on the day of publishing them on the BWS websites.
  • 7. The Terms together with the history of changes shall be available on the BWS websites.
  • 8. The Service Provider reserves the possibility of ceasing the provision of the Services completely for convenience.
  • 9. In the case of the situations specified in Article 5 and Article 8, the Service Provider will refund fees for the unused period to the Account Owner within 90 calendar days. Any other costs incurred by the Account Owner shall not be refundable.
  • 10. Any disputes which may occur on the basis of the application of these Terms shall be subject to jurisdiction of Polish common courts.
  • 11. The court having jurisdiction over the registered office of the Service Provider shall be the competent court for the resolution of disputes which may occur on the basis of the application of these Terms.
  • 12. Any and all materials coming from the Service Provider which are rendered available in the BWS (and in particular texts, logos, artworks and website layout with selected colours) shall be subject to protection within the meaning of the Act of 4th February 1994 on Copyright and Related Rights.
  • 13. If the Service Provider suffers damage as a result of User's illegal activity, the entity which commits breaches undertakes to pay for the entire damage of the Service Provider.
  • 14. The Service Provider shall not be responsible for contents published in the BWS by the User.
  • 15. The Account Owner shall be responsible for the data saved on the Account.