Terms Of Use

These Terms of Use define the legal framework for the use of the SALESmanago Marketing AppStore.

§1. Definition

  1. Terms of Use – this document
  2. SALESmanago – Online Marketing Automation Software
  3. User – you, provided you have the legal capacity to form a legal contract (and are an adult), or are a minor over the age of 13 and have accepted these Terms of Use.
  4. User’s Account – an account enabling the use of the Service, understood as the use of a fully paid package.
  5. User profile – an arrangement that can store information, made available by the Operator within the ICT system, that enables the User to enter, store and modify data necessary for proper usage of the features of SALESmanago. This information is provided to SALESmanago voluntarily and solely by the User.
  6. Services – electronic services within the meaning of the Electronic Provision of Services Act of 18 July 2002 (Journal of Laws of 9 September 2002) available through user accounts.
  7. Website – (www page) a document developed in one of SGML language types (HTML, XML, PHP) downloaded from an Internet server and interpreted by the User by means of a browser (one www. address).
  8. The Operator – Benhauer Sp. z o.o., Grzegórzecka 21, 31-532 Kraków, POLAND Tax Identification Number: 676 244 77 54 REGON: 122334666

§2. Declarations of the Operator and the System User

  1. The Operator confirms that he is in possession of all and any technical means and infrastructure required for cooperation under these Terms of Use for all users of the SALESmanago.
  2. Users of the SALESmanago declare that they will not use SALESmanago in a way that could constitute violation of generally accepted norms and rules of social coexistence.

§3. Operator’s rights and obligations

  1. The Operator shall have the right to block access to the account of any user infringing any provisions contained herein as well as to terminate the agreement concluded by accepting these Terms of Use.
  2. The Operator shall have the right to block access to the account of any user violating generally accepted norms and rules governing the use of services of this kind.
  3. The Operator will make every effort to ensure the highest possible standard of services available within the SALESmanago System.

§4. Registration and acceptance of the Terms of Use

  1. User registration and acceptance of terms and conditions are required for the use of the system.
  2. All prices, terms and conditions are available on the User Acount, on the homepage and subpages of the system.
  3. By accepting these Terms of Use, the User acknowledges that:
    • a. all details entered in the registration form are complete, true and correct,
    • b. he has given consent for his personal data to be processed by the Operator,
    • c. he has agreed to receive VAT invoices generated by the service provider in an electronic format, via email.
    • d. he has given the Operator his express consent to make use of his personal data for administration, statistics or marketing purposes, in accordance with the Personal Data Protection Act of 29.08.1997 as amended (Journal of Laws of 2002, no 101, item 926 as amended), including his consent to receive commercial information delivered by the Operator to the e-mail address or mobile phone submitted during registration, in accordance with provisions of the Electronic Provision of Services Act of 18 July 2002 (Journal of Laws of 2002, no 144, item 1204),

§5. Complaints procedure

  1. User complaints regarding the Operator’s failure to perform provisions of the Contract or his undue performance of any contractual provisions shall be sent to the Operator electronically at the following address: info@salesmanago.pl and should contain in particular:
    • a. User’s contact details,
    • b. reasons for submitting the complaint,
    • c. a description of circumstances forming the basis of the User’s complaint.

§6. User’s obligations

  1. The User shall be obligated to:
    • a. notify the Operator of any changes to data required for billing and other settlements subject to effective delivery of any relevant e-mail messages to a non-updated address,
    • b. observe these Terms of Use,
    • c. observe generally applicable legal provisions,
    • d. observe any rights of third parties.

§7. Technical and content-related limitations

  1. The Operator reserves the right to:
    • a. periodically disrupt the availability of the Service for the purpose of its expansion or maintenance,
    • b. immediately terminate the provision of services should the User breach these Terms of Use,
    • c. change Account or User Profile parameters, including Service features and functionalities,
    • d. terminate the provision of services at any time, by closing the entire Service or any of its parts, subject to prior placement of relevant notification on the Service website.
  2. The Operator excludes his liability for:
    • a. any damage related to third party interference, faulty operation of external factors or other systems (e.g. telecommunications grids) beyond the Operator’s control,
    • b. any damage resulting from the occurrence of force majeure,
    • c. any damage resulting from unauthorized access to the User’s Account or Profile resulting from your negligence,
    • d. any damage resulting from the User’s failure to observe these Terms of Use,
    • e. any damage resulting from incorrect transfer of data within the system, incorrect record or receipt of messages as well as any loss of data contained in transferred messages.
    • f. damage to the User resulting from risk factors characteristic of the Internet, including system attacks or the User’s system becoming infected with malicious software.
  3. The Operator reserves the right to periodically disrupt the availability of the Service for the purpose of its expansion or maintenance, immediately terminate the provision of services should the User breach these Terms of Use, change Account or User Profile parameters, including Service features and functionalities, terminate provision of services at any time, by closing the entire Service or any of its parts, subject to prior placement of relevant notification on the Service website.

§8. Confidentiality

  1. The Operator can disclose personal data of the System Users in circumstances provided for in the Personal Data Protection Act of 29.08.1997 as amended (Journal of Laws of 2002 no. 101, item 926 as amended).
  2. The User Account Database is protected by law. Personal data stored in this database is administered by the Operator. Each User shall have the right to:
    • a. access their data processed by the Operator,
    • b. amend any such data,
    • c. request that personal data processing be terminated by removing any such data from the User Account Database.
  3. The Operator shall exercise due diligence when securing the confidentiality of any and all data received from the User, regarding any business partners and contractors of the User as well as any campaigns launched by the User by means of the SALESmanago System.
  4. The above-mentioned confidentiality requirement does not cover situations in which:
    • a. the data is commonly known,
    • b. the data have been disclosed with the User’s consent,
    • c. the data have been disclosed upon receiving a relevant request from an official body, subject to any applicable legal provisions.
  5. The Operator commits to never disclose the information entered and stored by the User on the User’s Account in the system, in particular contact details. The User exclusively owns all data on the User’s Account within the system. The Operator ensures the safety of the data stored in the system, in accordance with applicable legal regulations.
  6. The Operator commits to use the data entered into the system by the User for no other purposes other than the pursuit of activities applicable to providing the Services.

§9. Fees for the use of the system

  1. The user shall be charged for the licence fee appropriate to the chosen package. The marketing tools are available on the website together with the pricing list (https://appstore.salesmanago.com/#/pricing).
  2. The user can take advantage of the promotion which involves making one of the following marketing tools available for free: Live Chat, Generate customers, Web Push notifications. The tools cannot be combined within the promotion. The user needs to sign SALESmanago Licence Agreement within the BASIC, PRO or Enterprise package with the Operator to compose a package consisting of more than one marketing tool. The promotion remains valid till further notice.
  3. The user can cancel their subscription at any time. There are no cancellation fees. Except for the unpaid subscriptions in the period of promotion, the payment is billed one month in advance. A user who terminates the agreement can expect a full refund for any fees they paid in advance for using the license after the effective date of termination.

§10. Final provisions

  1. Any matters outside the scope of these Terms of Use shall be subject to relevant provisions of the Civil Code and other Polish law.
  2. With regard to any disputes arising in connection with the Service, the parties undertake to resolve any such disputes amicably and with due respect to the interests of the other party.
  3. The SALESmanago users are required to keep track of any changes to these Terms of Use available at www.appstore.salesmanago.com