AMODIT PLATFORM TERMS OF SERVICE
On the basis of Art. 8, Sec. 1, Pt. 1 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of the Republic of Poland of 2002, vol. 144, item 1204, with amendments), Astrafox Ltd. establishes these Terms for the provision of electronic services (hereinafter referred to as the “Terms of Service“, and abbreviated as “ToS“).
- These Terms of Service define the rules and conditions for using the services of creating and conducting business processes (hereinafter the “Service“) on the Amodit Platform (hereinafter the “Platform“). These Terms of Service constitute an integral part of the Contract concluded with the Customer. In matters not covered by the Contract, the relevant provisions of these Terms of Service shall apply.
- These ToS are available free of charge to the Customer prior to concluding the Contract on the website at: https://amodit.com/terms-of-service/
- Astrafox is the creator and sole owner of the Platform. A condition for using the Service is that the Client must read and accept all of the Terms of Service in this document.
- Users are required to refrain from using the Platform to perform any illegal activities, in particular from:
- using the Platform directly or indirectly for purposes contrary to the law or for purposes of violating the law,
- using the Platform in a manner inconsistent with the ToS, good manners, or generally accepted best practices of Internet usage,
- using the Platform in a manner that violates the rights of Astrafox, other Customers / Users, or third parties, in particular by providing false or misappropriated data, or by impersonating or abusing the rights of other entities,
- providing data by or to the Platform that results in the IT system being overloaded or the data contained in the Platform being modified in an unauthorized manner.
DEFINITIONS USED IN THIS DOCUMENT
- AMODIT – a registered trademark belonging to Astrafox (hereinafter referred to as “Amodit“).
- APPLICATION – a separate individual space with an accompanying database which enables access to the Platform. Available in a paid or free versions. Access to the Application is only possible by using an individual Account.
- PRICE LIST – The list of available services is available after contact by email: firstname.lastname@example.org or through the contact form available at: https://amodit.com/contact/
- WORKING DAYS – days from Monday to Friday, excluding public holidays
- CUSTOMER – a natural person, legal person, or an organizational unit without legal personality but which the law grants legal capacity, entering into a Contract with Astrafox
- USER – a natural person who interacts with the Platform via the Application.
- SERVICE – includes the automation of business processes, and the electronic signing of documents. An individual agreement with the Customer regulates the scope and subject of the service.
- PAID SERVICES
- PLATFORM – tools for building, managing, and using business processes
- CONTRACT – an agreement for the provision of business process automation services concluded individually with the Customer by electronic means
- PROVIDING SERVICES BY ELECTRONIC MEANS – remote provision of a service without the simultaneous presence of the parties, through the transmission of data at the individual request of the service recipient. Data is sent and received using electronic processing devices, including digital compression and data storage, and which is entirely broadcast, received, or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004 – Telecommunications Law.
USERS AND REGISTRATION
- In order to use the platform:
- the User shall complete registration (hereinafter referred to as “Registration“) via the link https://register.amodit.com, and provide all the necessary data such as first name, last name, and e-mail address,
- and by registering, the User voluntarily starts using the Platform, and declares that the data contained in the registration form relates to their person, is complete, and true.
- Upon completing the required steps of the Registration process, the User receives access to the Platform via the Application, which in turn is accessed by means of an individual Account with an assigned login and password created for the User. This first Account is assigned administrator rights and contains the data provided by the User during registration: Name, Surname, e-mail address.
- In the event of any changes to the User’s data, the User is obliged to immediately update the data contained in the Account. The User bears all responsibility in the case of providing or maintaining incomplete, out-of-date, or untrue data.
- The User is not allowed to provide other persons with the possibility of using the Account, including disclosing the password used to access the Account. The User is obliged to keep the Account password secret and secure it against disclosure. The User is obliged to immediately inform Astrafox if third parties have gained control over the access data for the Account, and explain the circumstances of this change of control.
- The User may not use their Account in a manner inconsistent with the nature and purpose of the services provided by Astrafox on the Platform, or in a manner that interferes with the use of these services.
- In the event that the User is in violation of the ToS, legal regulations, or common decency, Astrafox may terminate the Contract with the User, or suspend access to the Account. The above applies in particular to any situation where the User has downloaded or used any data or materials available on the Platform without Astrafox’s consent.
- It is forbidden to aggregate and process data and other information available on the Platform for the purpose of enabling access for third parties within the context of other services whether on the internet, or outside the internet. It is also forbidden to use Amodit trademarks, including characteristic graphic elements, without the consent of Astrafox.
- Upon creating the Application and accepting the ToS, the Customer:
- agrees to receive messages and information about difficulties, changes, or technical outages in the operation of the Service from Astrafox,
- consents to receive electronic invoices issued by Astrafox for the Service provided to the Customer.
USE OF THE SERVICE
- As part of the services provided, Astrafox offers the Customer:
- the ability to generate an individual Application,
- access to the Platform,
- the ability to create and run business processes,
- customer service.
- The Platform’s services are available through the following forms of the Application:
- Free – which includes indefinite, functionally limited access to the Platform, and the ability to create up to 10 cases per month in each of the processes. The detailed scope of services is specified in the Price List which is available on request. (Contact by e-mail: email@example.com or the contact form available at: https://amodit.com/contact/).
- Paid – which is prepared at the request of the Customer, and which takes into account the Customer’s business process automation needs.
- The Free version of the Application has the following parameters:
- Storage space – 1GB for storing documents
- User accounts – no limit
- Process definitions – no limit
- Cases – 10 per month per process
- The Customer can create and use only one free version of the Application.
- The Customer may at any time change the Free version of the Application into a Paid version via the contact form available at the following link: https://amodit.com/contact/ or via e-mail: firstname.lastname@example.org.
- The Free version of the Application may be deleted by Astrafox if the User takes no actions on the Platform for 30 days from the date of the last login.
- Astrafox reserves the right to refuse to set up the Application for a Customer, in particular when the Customer’s Application has been removed within the last 12 months due to violation of the ToS.
- The Paid version of the Application is available to Customers who purchased the Service on the basis of a separately concluded Contract. The User can obtain the Price List of services offered by Astrafox by phone, e-mail, or via the contact form. Contact details are available on the website at: https://amodit.com/.
- Astrafox makes every effort to ensure the operation of the Service on the latest official versions of Microsoft Edge, Mozilla Firefox, Google Chrome, and Safari.
- In accordance with the terms of their Contract, a Customer using a Paid version of the Application is obliged to pay their fees for using the Service in a timely manner.
- Astrafox issues a VAT invoice at the end of each settlement period specified in the Contract with a payment date of 14 days. If the payment is not made on time, Astrafox reserves the right to inform the Customer via e-mail about the expired payment period, the amount to be paid, and to set a deadline 7 days from that time for settling the arrears. In the event of non-payment of the amount due within the time limit referred to in the preceding sentence, the Customer is considered to have resigned from the Service, the Customer’s Application is blocked, and the Contract is terminated with immediate effect.
- Payments made by the Customer prior to the termination of the Contract as a result of the circumstances specified in sec. 2 above are not refundable.
- Unless paper invoices are specified, the Customer agrees to receive electronic invoices.
- Astrafox reserves the right to change the fees in the Price List at any time. The new Price List applies to all new Customers. The new Price List also applies to existing Customers at such time as they make any changes to their Contract, e.g. changing the number of accounts, or changing the number of processes.
- The Customer may not use the Services in any way, intentionally or unintentionally, which leads to the violation of law, common decency, the provisions of these ToS, intellectual property rights, other rights of third parties, or which are actually or potentially harmful to Astrafox’s business, brand, or reputation.
- The Customer may not use any hardware or software that may damage or interfere with the proper functioning of the Platform, or that intercepts the system, data from the Platform, or any website owned or controlled by Astrafox. The Customer may not take any action which causes an unreasonable or disproportionate load on the internet network, or on Astrafox’s
- Astrafox does not monitor or control the Client’s activity with regards to their use of the Service. However, Astrafox reserves the right (irrespective of other rights under the ToS) to block access to all or part of the Service if Astrafox obtains information, or has a reasonable suspicion, that the Customer’s activity on the Amodit Platform violates the law, Astrafox policy, these ToS, the rights of third parties, or includes any other inappropriate activity. In the case of the above-mentioned situations, Astrafox is not responsible to the Customer for the measures taken.
- The Customer is fully responsible for all information, data, texts, documents, graphics, logos, videos, audio files, or other materials and works that are uploaded, sent, or otherwise made available using the Service. Liability also extends to Content constituting links to other websites, resources, or other services provided by third parties that the Customer
- The Customer declares that they have the rights and titles to the Content, except for content from Astrafox
- Consent, or absence of consent, to the inclusion of Customer information in Astrafox marketing materials is specified in the terms of the Contract for Customers with a paid version of the Application.
CUSTOMER SERVICE AND COMPLAINTS
- Astrafox provides Customer Service to Customers upon receiving a Request to the Customer Service Department which contains at least their Account information (i.e. Account name and Application address). Requests can be made:
- Via e-mail: email@example.com
- By phone: 22 355 21 36
- The Customer has the right to submit Complaints in matters relating to the services provided in the following forms:
- Via e-mail: firstname.lastname@example.org
- In writing to: Astrafox, ul. Poloneza 93, 02-826, Warsaw
- By Electronic Contact Form: https://amodit.com/contact/
- Astrafox reserves the right to ignore anonymous reports or complaints.
- In order to receive an effective response to a complaint, the person submitting the complaint should provide their Account information, a description of the situation and the limitation(s) to the Service
- Requests and Complaints are dealt with on working days within 24 hours.
- Responses to Complaints, regardless of how a Complaint was received, are sent to the e-mail address specified in the Complaint.
ACCOUNT CANCELLATION / AGREEMENT TERMINATION
- The Customer may resign from access to either Paid or Free versions of the Application at any time.
- In order to cancel the Service, the Customer must send a request to delete the Application to the e-mail: email@example.com
- After Astrafox approves the resignation request, the Customer’s Account is blocked.
- Within 60 days from the date the Application was blocked, the Customer may submit a written request to make the Application available again. (E-mail to: firstname.lastname@example.org) All fees for the entire period the Application was blocked must be paid in order for the Application to be unblocked.
- After the deadline specified in point 4 above, the Application is irretrievably removed from the Platform along with all the information and documents contained therein.
- Astrafox reserves the right to terminate the Contract with immediate effect, or block access, in whole or in part, to the Service, in the event that the Customer breaches the provisions of the ToS, including:
- failure to pay the fees for the Service within the prescribed period,
- committing unlawful acts,
- violation of the rules concerning the use of Astrafox trademarks and other intellectual property,
- the Customer providing unreliable or untrue data about themself, or not updating this data when it changes,
- the transfer of the rights and obligations for the provision of the Service under the Contract to a third party without the prior written consent of Astrafox.
- Resignation from the Application does not release the Customer from the obligation to pay the fees that are already due and the fees that will be charged in connection with the use of the Application until the expiry of the contract.
- Regardless of the reason(s) and method of termination of the Contract, the Customer is not entitled to demand a refund of their payments, in whole or in part.
PERSONAL DATA PROTECTION
- Amodit is a registered trademark of Astrafox in the territory of the Republic of Poland and other member states of the European Union, as well as in the United States. The Service, the Amodit Platform software, and the content on the amodit.com website (“Works“), such as texts, graphics, logos, button icons, images, audio clips, and applications, are the property of Astrafox or its Partners.
- The Customer is forbidden from using the Works, trademarks, and symbols that are the subject of Astrafox’s rights unless their use results specifically from the Service provided by Astrafox, or if Astrafox agrees in writing to their use by the Customer.
AVAILABILITY OF SERVICE
- Astrafox reserves the following rights:
- The right, at any time, to change, modify, and in particular, update the features of the Service, as well as to modify or replace the hardware or software used to provide the Service, without liability on account of these actions, provided that this does not have a significant negative impact on the provision of the Service.
- The right to interruptions in the provision of the Service resulting from technical reasons (e.g. breakdowns, repairs, inspections, maintenance, replacement of equipment), without liability on account of these reasons. However, in the event of scheduled technical breaks lasting longer than one business day, Astrafox will make every effort to inform the Customer of this fact at least one day in advance. The planned technical break will be carried out in such a way as to minimize the inconvenience to the customer affected by it.
- The right to modify, add, or remove any documents, information, graphics, or other content on the website (http://www.amodit.com) at any time.
RESPONSIBILITY AND ROLE OF ASTRAFOX
- The Customer accepts the form and scope of the Amodit Platform and the Service offered without Astrafox providing any, either express or implied, guarantees.
- Astrafox provides Users with information technology tools that enable communication, but is not responsible for:
- the behavior of Users,
- improper performance or non-performance of factual or legal actions by Users in connection with activities within Amodit,
- the consequences of actions taken by Users and third parties that violate the provisions of the ToS,
- and, in particular, Astrafox shall not be liable for non-conclusion or nullity of contracts concluded between Users, which are the result of Users’ actions or omissions.
- Astrafox is not responsible for the truthfulness and reliability of information provided by Users, or the Users’ ability to be the subject to legal actions.
- The Customer is solely responsible for the use of access to the Platform.
- Astrafox is not liable for damages and lost profits (including loss of data by Customers) caused by:
- Force Majeure,
- interference by third parties (including Customers), especially in connection with the use of the Application by third parties using the login data (obtained from the Customer or in other circumstances beyond the control of Astrafox) of the Customer or its Users,
- external factors and malfunctions of other systems (e.g. telecommunications networks) independent of Astrafox,
- the Customer’s failure to comply with the provisions of the ToS,
- incorrect or untrue Customer data provided during Registration.
- Force Majeure is understood as extraordinary external events which cannot be predicted and could not be prevented. The circumstances constituting Force Majeure include, in particular, epidemics, wars, natural disasters, strikes, breakdowns, DDoS attacks, other disruptions in the operation of the telecommunications network or ICT infrastructure, extraordinary government and administrative actions, and actions of entities which are independent of Astrafox that affect the provision of the Service.
- Astrafox is not responsible for any direct or indirect damage resulting from the loss of the Customer’s files or data stored on our servers; Astrafox exercises due diligence and, as part of the Service provided, makes backups of the Customer’s Application along with all the data and documents contained therein.
- The contractual and tort liability of Astrafox is limited only to direct losses incurred by the Customer. Astrafox is not liable for indirect damages, regardless of their source (in particular losses from: income, profit, interest, other lost profits, pure financial losses, or other contracts, which result from the complete or partial unavailability of the Service), except in the case of willful misconduct or gross negligence by Astrafox. The total liability of Astrafox, regardless of the number and basis of claims by the Customer or a third party, is limited to the total amount paid by the Customer for the Service in the one month immediately preceding the date on which the Customer made a claim against Astrafox. The Customer hereby releases Astrafox from any obligations exceeding the above-mentioned limit.
- The customer releases Astrafox and its employees, associates, contractors, and representatives from all liability related to allegations and claims made by third parties, related to the Customer’s use of the Service, the activity of its Users, violation of these ToS, legal provisions, or the rights of third parties.
REGULATIONS FOR SIGNING DOCUMENTS ELECTRONICALLY
- To use the electronic document signing service in Amodit the User is required to have an information technology system that meets the following minimum technical requirements:
- internet access,
- use of a standard web browser (The browser must be configured to support encrypted connections if you intend to use an encrypted website when logging in to Amodit.),
- use of software that allows the various formats of files sent via Amodit to the User to be read,
- access to the e-mail address configured during Registration or updating the Account.
- The use of certain functionalities of the Platform may require meeting additional conditions, particularly in the case of using advanced or qualified electronic signatures. Advanced Electronic Signatures (hereinafter “AES“) and Qualified Electronic Signatures (hereinafter “QES“) must have:
- an appropriate device or service for creating an electronic signature,
- a valid certificate issued by an advanced or qualified trust service provider,
- software installed and configured as per the requirements of a given trust service provider.
- In order to use the electronic document signing functionality via the Platform, Users must be natural persons of at least 18 years of age.
- Users may use the Platform’s services to sign electronic signatures in their own name and on their own behalf, or – within the framework of being properly empowered – on behalf of, and for the benefit of, legal persons or organizational units without legal personality.
- An external User may be sent an electronic document for signing by the Platform. Upon signing the document, the external User is assigned an ID associated with their email and the document being signed.
- In the event that the data of third parties other than a User is available within an Application or the Platform (e.g. for business process or communication purposes), the User, by entering the data, declares that they have obtained the necessary consent from the person whose data is being entered into the Platform. In the event of unauthorized transfer of this data, the User and Customer bear all liability related to the transfer of this data release Astrafox from all potential claims.
- A User may user their Account:
- to make declarations of will on their own behalf,
- when properly empowered, to make statements on someone else’s behalf, in particular as a representative or member of an enterprise,
- to participate in document workflow processes.
- Astrafox provides the following services to Users:
- Electronic identification of users – Which consists of obtaining, storing, and sharing information on the manner in which the individual elements of the User’s personal data were verified, and the presentation of the User’s On the basis of this information the User’s credibility can be weighed by entities which are contractors with the User.
- Electronic signing of documents – Which consists of confirming the submission of declarations of will by Users, including consensual declarations of will submitted to each other by Users in order to conclude a contract or accept (authorize) the content of a document and on this basis create on behalf of the User a Simple Electronic Signature (SES), Advanced Electronic Signature (AES), or a Qualified Electronic Signature (QES) (also known as a “signature” or “initial” in this context) in accordance with the Regulation of the European Parliament and of the Council (EU) No. 910/2014 of 23 July 2014.
- Electronic document seals– Which consist of ensuring the integrity of the content of a document and the authenticity of the origin of a document, and on this basis, placing a simple electronic seal, advanced electronic seal, or qualified electronic seal (also known as a “seal” in this context) on the document in accordance with Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014.
- Storage of electronic documents – Which consists of storing documents on the Platform’s
- Durable medium for a digital document – Which consists of: storing or transmitting a document online in a way that prevents its modification; allowing future access to the information for a period appropriate to the purposes for which this information is used; allowing the stored information to be reproduced unchanged; having the additional possibility of verifying the content by the consumer or enterprise after receiving the document.
- Users have the option of setting up accounts for companies, such as accounts for natural persons conducting a business activity, legal persons, or organizational units without legal personality (hereinafter referred to as “Companies“), within which the data of Companies are collected, a list of Users authorized to participate in the document workflows of, including making representations on behalf of, the Company, and the history of operations within Amodit. It is forbidden to set up Accounts for Companies, and to use the data of these entities, without the right to represent them or being duly empowered by persons authorized to act on behalf of these entities.
- Users who have an Account for a Company authorize Astrafox to use the name or symbol (logo) of the enterprise for whom the Account was created, in order to mark the Account and the User, as well as to perform the services specified in the ToS, and provide information about the Service
- As part of the Platform, additional services may be provided, including an API service, the terms of which are specified in the contract concluded with the Customer.
- If the provision of a specific service, available on the Platform requires the action of a specialized entity (in particular a qualified trust service provider), then these services will be provided by those specialized entities on separate and specific terms for those services.
- As part of their Account, Users have the option of sending to the Platform’s server documents consisting of electronic files containing information that are, in particular, the subject of a statement, agreement, consultation, or an offer to conclude a contract (hereinafter referred to as “Files“). The maximum size of one File, available file formats, and the number of Files that can be sent depend on the Account parameters assigned by Astrafox. As part of the Platform, it is possible to view files that have PDF, DOC, DOCX, XLS, XLSX, ODS, and ODT formats.
- The User may indicate Files that will not constitute an integral part of the document for signature, and that will be made available to the indicated recipients only for viewing or downloading.
- The User may indicate other Users who will have access to the content of the document referred to in paragraph 1, and define their role in the process to be to reconcile or accept the content of Files related to the document. The User may also indicate a person who is not a User by providing their e-mail address, or telephone number. In such a case, the person indicated will be informed about the documents included, and the contents of those documents, in the document workflow process.
- All persons indicated to make declarations of will should be duly authorized to represent the entity for which the Account for the Company was created. Astrafox is not liable due to the lack of appropriate authorization on the part of persons authorized by the administrator of the Account for Company.
- By selecting the “Sign” option (or any other option meaning acceptance), the User submits a declaration of will (appropriate to the content of this option) regarding the content expressed in the document, and the document is treated as signed by the User.
- As soon as all entities indicated as a [“SIGNER”] confirm the “Sign” option, the content of the document is approved, and if the document constitutes a contract, the contract is concluded in the wording specified in the content of the accepted document. An electronic version of the document will appear on the Account of each of the signing Users, along with annotations on the dates and method of signing, as well as the data of the Users who signed the document.
- As part of the Platform, Users receive a status corresponding to the manner in which their personal data was verified. Verification of Users’ personal data may take place via the identification service provided on the basis of a separate agreement (regulations) by service providers other than Amodit.
- As part of Amodit, the User may, in particular, be provided with the following methods of User verification:
- Verifying access to the e-mail account (e-mail),
- Verification of data in a qualified electronic signature,
- Verification of access to a phone number (SMS message),
- Verification using the identification service provided by a service provider other than Astrafox, on the basis of separate regulations.
- Astrafox may change these ToS at any time. Astrafox shall notify the Customer of the amendment to the ToS 10 days before their entry into force by placing relevant information and the updated version of the ToS in the Customer Application or on the website https://amodit.com/terms-of-service/
- The law applicable to the contract between the User and Astrafox, to which the services provided by Astrafox through Amodit is subject, is Polish law, unless the law in the European Union provides for a different characteristic in relation to the consumer.
- The Parties agree that any statements addressed to the other Party when using the Service may be submitted in the form of electronic correspondence sent to:
- in the case of a Customer – to the e-mail address provided in the registration form
- in the case of Astrafox to the address: email@example.com
- In matters not covered by the ToS, the provisions of generally applicable law shall apply, in particular the Civil Code, and the Act on the provision of electronic services and Regulation of the European Parliament and of the Council (EU) No. 910/2014 of 23 July 2014. Any disputes arising between Astrafox and the Customer will be submitted to a common court with jurisdiction over the seat of Astrafox.
- The regulations in this version are valid from 10.11.2020.