Sign in Start for free

TERMS OF SERVICE 

of the MailingR Website and System

 

§ 1. General provisions

  1. The Terms of Service provide the terms and conditions of use of the Website and the MailingR System, including conditions for providing services by electronic means, terms of executing and terminating the Contracts, and complaints procedure.

  2. Using the Website and the Services available through the Website (including access to the MailingR System) requires reading and accepting these Terms of Service.

  3. The Service Provider is MailingR spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Naddnieprzańska 24A, 04-205 Warsaw, registered in the Polish Court Register kept by the District Court in Warsaw, 14th Commercial Division, under KRS [entry number]: 0000922648, NIP [tax id]: 9522220567, REGON [statistical id]: 389999686, share capital: PLN 20,000, email: support@mailingr.com.

 

§ 2. Definitions

The capitalised terms used herein have the following meanings: 

  1. Account means a part of the Website that constitutes a set of resources and rights assigned to the Creator or Subscriber respectively, accessible after signing in (or clicking the Link, in case of the Subscriber); 

  2. Act on Consumer Rights means the Act of 30 May 2014 on consumer rights (consolidated text of 21 February 2020, Journal of Laws of 2020, item 28, as amended);

  3. Act on Copyright means the Act of 4 February 1994 on Copyright and Related Rights (consolidated text of 14 June 2021, Journal of Laws of 2021, item 1062, as amended); 

  4. Act on Provision of Electronic Services means the Act of 18 July 2002 on the provision of services by electronic means (consolidated text, Journal of Laws of 3 March 2020, item 1219, as amended).

  5. Civil Code means the Act of 23 April 1964, the Civil Code (consolidated text of 8 October 2020, Journal of Laws of 2020, item 1740, as amended); 

  6. Consumer means an individual who makes a legal transaction with an Entrepreneur that is not related directly to his/her economic or professional activity;

  7. Contract means a contract for the provision of services by electronic means concluded remotely between Service Provider and Creator or User, the subject and content of which are defined by the provisions of Terms of Service, Price List and Instructions;

  8. Controller of the Subscribers’ Data means the Creator that under the provisions of Article 12 of the Terms of Service or a separately executed agreement, entrusts the Processor with the Subscribers’ Personal Data for their processing, to perform the Contract for the use of the MailingR System;

  9. Creator means an individual with full legal capacity, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Services, including the functionality of the MailingR System, under the Contract;

  10. Entrepreneur means an individual who is not a Consumer, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, conducting business activity, including partners in a civil partnership to the extent of their business activities;

  11. Fee means the remuneration paid by the Creator to the Service Provider in an amount specified in the Price List (respectively to the selected option) for the use of paid Services in a given Settlement Period; 

  12. 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 in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);

  13. Instructions mean any information and notices concerning a description of the current functionalities, capabilities, and working principles of the MailingR System placed on the Website;

  14. Link means a coded link generated and individually assigned to the Subscriber, the clicking of which confirms the creation of the Account and enables the Subscriber to access it; the Subscriber receives the Link in an email sent after the purchase of the Creator ‘s product or service using the MailingR System; 

  15. MailingR/MailingR System means an IT solution (software together with elements that are not software) made available by the Service Provider to Creator s in the SaaS model, equipped with a set of functionalities referred to in Terms of Service, Price List and Instructions, aimed at supporting the automation of business processes of Creators, including among others by providing tools to promote and sell newsletters, online courses and other products and services of the Creators (sales platforms, landing page platforms, etc.), as well as functionalities to improve communication with customers (links, archives, etc.) and ensuring the integration of sales platforms with payment and invoicing systems, etc.;

  16. Personal Data means any information related to an identified or identifiable natural person; 

  17. Price List means the information on the Fees for paid Services made available on the Website, constituting an integral part of this Terms of Service; 

  18. Privacy Policy means the document setting out the terms of processing Personal Data, available at: https://mailingr.com/pl/polityka-prywatnosci/; 

  19. Processor means an entity processing Personal Data within the meaning of Article 28 of the GDPR, on behalf of the controller of such data according to a data entrustment agreement, being herein the Service Provider concerning the Personal Data. 

  20. SaaS means the software as service installed and maintained entirely within the Service Provider’s infrastructure;

  21. Service Provider means the entity providing Services under the Terms of Service, Price List and Instructions, i.e. MailingR spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Naddnieprzańska 24A, 04-205 Warsaw, registered in the Polish Court Register kept by the District Court in Warsaw, 14th Commercial Division, under KRS [entry number]: 0000922648, NIP [tax id]: 9522220567, REGON [statistical id]: 389999686, share capital: PLN 20,000, e-mail address: kontakt@mailingr.com;

  22. Services mean free of charge and chargeable services provided electronically by the Service Provider to Creators and Users under the Terms of Service, Price List and Instructions;

  23. Settlement Period means a period of performance of the paid Service for which the Fee is due, depending on its option selected by the Creator, as specified in the Price List, e.g., one month, quarter, half a year, one year, etc.; 

  24. Subscriber means a customer of a Creator receiving access to the Subscriber’s Account after the purchase of Creator’s product or with the use of the MailingR System on terms and conditions specified in a separate agreement concluded with the Creator; 

  25. Terms of Service mean these terms for the provision of services by electronic means, constituting a model agreement and complying with the obligation referred to in Article 8 section 1 item 1) of the Act on Provision of Electronic Services;

  26. User means a visitor to the Website, including subscribing to the Newsletter;

  27. Website means the website available at the Internet address https://mailingr.com/pl/ and its subdomains addresses.

 

§ 3. Types and scope of the Services provided

  1. The Service Provider provides the following Services via the Website:

  1. creation, maintenance, and deletion of the Account (including the Creator’s Account and the Subscriber’s Account),

  2. access to the MailingR System and use of its functionalities,

  3. newsletter,

  4. online chat,

  5. blog.

  1. The Services are free of charge (access to the trial version of the MailingR System, Account, Newsletter, blog, online chat) and chargeable (access to the MailingR System in the selected option after the trial period).

  2. The Service Provider shall provide the Services continuously, seven days a week, subject to the provisions of section 4 below.

  3. The Service Provider reserves the right to temporarily suspend the Services’ provision due to maintenance or repair works and in connection with the modernisation or reconstruction of the Website or the MailingR System. The Service Provider shall make every possible effort to ensure that interruptions in the provision of the Services are not disruptive (including that they take place during the night hours and last as short as possible). Notification of any planned, temporary suspension of the MailingR System shall be provided to the Creators via the Account or electronically to the email provided during the registration.

  4. The Service Provider does not provide Services to Subscribers unless they are also Creators or Users. Any actions taken by the Subscriber using the MailingR System are related to the execution of separate agreements concluded between the Creator and the Subscriber to which the Service Provider is not a party. The preceding means that the entity liable towards the Subscriber for improper performance or non-performance of the agreement is exclusively the Creator or another third party participating in the performance of this agreement.

  5. The Service Provider shall not be liable for disruptions in access to the MailingR System and the interruptions in the performance of the Services related to them, and shall not be responsible for damage resulting from the loss of data by the Creator or the Subscriber, caused by:

  1. force majeure (understood as a sudden, unpredictable event, beyond the Service Provider’s control, such as fire, flood, natural disasters, epidemics, earthquake),

  2. failure of the Creator ‘s or the Subscriber’s equipment,

  3. power cuts or the Internet connection outage,

  4. threats connected with the use of the network by the Creator (hacker attacks, viruses, etc.),

  5. unauthorised interference by the Creator, the Subscriber or third parties,

  6. faulty operation of telecommunication systems and software installed on the Creator’s or the Subscriber’s computer equipment;

  7. Creator or the Subscriber being unaware or failing to comply with the Terms of Service and applicable law.

  1. Any liability of the Service Provider related to the non-performance or improper performance of the Services (including for loss of data) shall be limited to the actual losses incurred by the Creator and shall not exceed the amount of the Fee paid in a given Settlement Period.

 

§ 4. Terms of use of the Website and the MailingR System

  1. Using the Website and the MailingR System requires meeting the following minimum technical requirements:

  1. having a device with the Internet connection; the Service Provider does not cover the costs of connecting the device to the Internet, as the user of the Services bears them according to the network operator rates; 

  2. having an up to date version of a web browser that enables the proper display of the Website resources (e.g., Firefox, Chrome, Safari); the Service Provider recommends that these are the latest stable versions of the above browsers; 

  3. having an active email address. 

  1. The Creator and the User undertake to use the Website and the MailingR System in a manner consistent with their intended purpose, the Terms of Service, the Instructions, and in accordance with the applicable law, rules of social conduct, and best practices. The use of resources and functions available on the Website and the MailingR System for purposes other than those specified in the Contract requires a separate, prior consent of the Service Provider. 

  2. By accepting these Terms of Service, the Creator and the User undertake in particular to:

  1. comply with the prohibition of posting unlawful content, understood as, among other things: prohibition of posting content that is offensive, untrue, immoral, violating good practices, promoting violence and hatred,

  2. not to undertake actions aimed at disrupting the functioning of the Website or MailingR System and gaining access to information or data not intended for the Creator or the User,

  3. not to undertake any other actions contrary to the applicable laws, good practices, or violating rights and personal interests of the Service Provider and third parties (including intellectual property rights).

  1. If the Creator or User violates these Terms of Service, the applicable laws or acts to the detriment of the Service Provider, other Creators, Users, or third parties in any other way, the Service Provider shall be entitled to restrict or terminate their access to the Website (in case of the Creator also access to the MailingR System), with immediate effect. The Creator or User shall be notified immediately of the action taken. Re-access to the Website (including access to the MailingR System) requires the prior consent of the Service Provider.

  2. If the event referred to in section 4 above occurs, the Creator or the User shall undertake immediate actions to eliminate the reason for the restriction or blocking of access to the Services; otherwise, the Service Provider is entitled to terminate the Contract with immediate effect (without notice).

  3. The Service Provider hereby informs the Creators and Users that the use of services provided electronically, via the Internet is connected with the following threats: 

  1. malware; 

  2. various types of applications or scripts having harmful, criminal, or malicious effects concerning the ICT system of the network user, such as viruses, worms, trojans (Trojan horses), keyloggers, dialers;

  3. spyware;

  4. trackers;

  5. user activities that collect information about the user and send it usually without the user’s knowledge or consent to the developer of the software;

  6. spam, i.e., unwanted and unsolicited emails sent simultaneously to many recipients; 

  7. phishing for confidential personal information (e.g., passwords) by impersonating a trustworthy person or institution; 

  8. intrusions into a user’s IT system by using, among others, such hacking tools as exploit rootkits. 

  1. The Service Provider informs Creators and Users that it applies modern means to protect the Website and the MailingR System against unauthorised actions of third parties. Nevertheless, the Service Provider advises the Creators and Users that they also take steps to mitigate as much as possible the potential risk of the threats referred to in section 6 above, including to:

  1. equip their electronic devices used to receive the Services with anti-virus software and keep it up to date;

  2. regularly scan the entire system with anti-virus software;

  3. have an active firewall;

  4. keep software up to date;

  5. not open email attachments of unknown origin;

  6. read the information contained in application installation windows and their licences;

  7. use original system and application from legal sources.

 

§ 5. Account

  1. Registration and maintenance of an Account are free of charge. 

  2. The Creator may register an Account by filling in the registration form available on the Website, providing his/her data in line with the facts (name, surname, and email), and accepting the Terms of Service and Privacy Policy. 

  3. The Contract for maintaining the Creator’s Account is concluded between the Service Provider and the Creator upon activation of the Account, which takes place after filling in the form and clicking on the button “Create the Account.”

  4. The Contract for maintaining the Subscriber’s Account between the Service Provider and the Creator is concluded upon clicking by the Subscriber on the Link, which takes place after the purchase of the Creator’s product or service using the MailingR System. 

  5. Signing in to the Creator’s Account requires providing a login and password in the login form available on the Website. The login is the email address provided by the Creator. The Creator creates the password individually in the registration process or appropriately through editing the Account’s settings. 

  6. Signing in to the Subscriber’s Account requires, in the case of the first visit – clicking the Link, and in the case of subsequent visits and setting up the login and password by the Subscriber by editing the settings of the Account – entering these data in the login form available on the Website. 

  7. The Creator undertakes (and shall oblige the Subscriber respectively) to keep the information enabling access to the Account confidential. To maintain the login security, the Service Provider recommends creating a strong login password, changing it every 30 days, logging out of the Account, and closing the web browser after using the MailingR System. The Service Provider is not responsible for the consequences of the Creator or Subscriber sharing the password with third parties. 

  8. The Account is created for an indefinite term. Creator is entitled to delete the Account at any time without providing a reason. For this purpose, an email should be sent to the following address: support@mailingr.com. 

  9. The Service Provider is entitled to block or delete the Account in circumstances referred to in Article 4 sections 4 and 5 hereof. 

  10. Change or recovery of the password is possible through the password recovery or change function available on the Website.

  11. The Creator may supplement or edit information about themself by editing individual sections of the Account. Still, each time undertakes to provide truthful, current data that does not violate the rights of third parties. 

  12. The Subscriber may set and edit the login and password, update the subscription to the Creator’s services by editing the appropriate section of the Account (cancellation of the subscription, change of card data), and access through the Account to additional materials added by the Creator. 

  13. The Creator may upload the Account only with the content they own the right to, including the economic copyrights within the meaning of the Act on Copyright. If any claims against the Service Provider resulting from the breach of Creator ‘s economic rights or personal copyright to the content posted by the Creator in the MailingR System are raised by third parties, the Creator shall indemnify the Service Provider from liability resulting from such claims and shall cover all expenses incurred in connection with such claims.

  14. Entering Subscribers’ Personal Data into the MailingR System (setting up the Account for a Subscriber) in connection with the purchase of the Creator’s products or services and using the MailingR System on terms specified in a separate agreement executed between the Creator and the Subscriber, constitutes the entrustment of the Subscribers’ Personal Data to the Service Provider by the Creator on terms specified in Article 12 hereof (data entrustment agreement). 

  15. By accepting the Terms of Service and using the MailingR System, the Creator represents that is the Controller of the Subscribers’ Personal Data posted on MailingR System and that is fully liable towards them for meeting the obligations arising from the GPDR and other applicable laws. Including, in particular, the disposal and proper documentation of the legal base for the processing of Subscribers’ Personal Data entrusted to the Service Provider and the fulfilment of information obligations. 

  16. The Creator is obliged to acquaint the Subscribers with the Terms of Service and Privacy Policy, draw up and make terms of sale of its products or services using the functionality of the MailingR System available to the Subscribers free of charge, and set out the conditions for the processing of the Subscriber’s Personal Data.

 

§ 6. MailingR System

  1. The Creator’s use of the MailingR System functionalities requires prior registration of the Account, and in the case of paid services – placing an order and paying the Fee. 

  2. Within the MalingR System, the Service Provider provides the following Services: 

  1. free access to the MailingR System trial version,

  2. paid access to the selected variant of the MailingR System in line with the Price List. 

  1. The trial version of the MalingR System: