Terms of service
§1
Definitions
"Price" means the subscription price for the Platform in the selected payment option. The price is quoted in USD and includes VAT.
"Business Day" means any day from Monday to Friday between 9:00 a.m. and 5:00 p.m., excluding public holidays within the meaning of the Act of 18 January 1951 on Public Holidays.
"Orderd Form" means the service provided by Core in the course of placing an Order, consisting of providing an interactive form. Placing an Order is considered acceptance of these Terms, which form an integral part of the Agreement.
"Core" means the Core Labs sp. z o. o. (l.l.c.) with its registered office in Warsaw, Poland (00- 844), at 87 Grzybowska Street, entered into register of entrepreneurs of the National Court Register, kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under the KRS number (register number): 0001053998 and NIP number (tax identification number): 5273072030, with share capital of 5,000.00 PLN and e-mail address: hello@getcore.app.
"Client" means an individual concluding an agreement with Core both as a consumer within the meaning of Article 22 1 of the Civil Code and as an entrepreneur within the meaning of Article 43 1 of the Civil Code, including an Entrepreneur With Consumer Rights.
"Consumer" means the Client who is a consumer within the meaning of Article 22 1 of the Civil Code.
"Account" means the Client's online profile, which is a separate element of the Platform made available to the Client after authorisation. Authorisation is granted by providing an identifier and password, defined by the Client when creating a profile on the Platform. The Account is necessary to manage the Client's information and to perform all legal or factual actions attributable to the Client which can be performed through the Account, in particular those involving the placement of an Order.
"Newsletter" means the service provided by Core, consisting of the periodic provision to the Client, upon proper consent, of information of a commercial nature, concerning in particular information on content, news and promotions available on the Platform.
"Platform" means a service in the form of a team cooperation platform offered by Core available in desktop and web versions.
"Entrepreneur With Consumer Rights" means a natural person who enters into an agreement directly related to that person's business activity, where it is apparent from the content of that agreement that it is not of a professional nature for that person, arising in particular from the subject matter of that individual's business activity made available on the basis of the provisions on the Central Register and Information on Business Activity (pl. Centralna Ewidencja i Informacja o Działalności Gospodarczej - CEIDG).
"Terms" means these Terms of use, which constitute the general terms and conditions of the Agreement and form an integral part thereof.
"Service" means the website available at https://getcore.app, which allows Clients to download the Platform.
"Subscription" means a payment option in which the fee is debited from the Client's account in a cycle as detailed in the offer.
"Agreement" means the contract for the provision of services for the use of the Platform, concluded between Core and the Client when Core confirms the acceptance of the Order placed by the Client.
"User" means the natural or legal person or organisational unit without legal personality designated by the Client who will use the Platform. The User may be the Client himself.
"Party" means Core or Client.
"Parties" means Core and Client.
"Order" means an order placed via the Order Form.
§2
Account Creation
1. In order to create an Account you must:
1.1. complete the registration form available on the Platform by entering the following data: e-mail address and password. Core is not responsible for the entry of incorrect data during the Account creation process;
1.2. read and accept the Terms by ticking the appropriate box in the registration form available during the Account creation process;
1.3. accept Core's rules for processing personal data and confirm that you have read the Privacy Policy by ticking the appropriate box in the registration form available during the Account creation process.
2. Activation of the Account takes place after the User logs in to the Platform, and is confirmed by a message sent to the e-mail address provided during the registration process.
3. The Client may only have one Account.
4. The Client is responsible for all activities conducted through the Account.
5. It is prohibited to use the Account to introduce unlawful content. The Client acknowledges that the proprietary copyrights in the material made available to the Client as part of the services provided are vested in Core or third parties, and the Client is therefore not authorised to use the material in a manner that infringes such rights, except as permitted by applicable law.
6. Core reserves the right to temporarily block access to an Account or if it is determined that the security of the Platform is compromised. Core may make the Client's continued use of the Account conditional on the Client making a change to the password to access that Account, upon which the Client shall immediately regain access to the Account.
7. The Client shall keep the password for the Account confidential.
§3
Technical Requirements
1. Full functionality is only available after logging in to the Account via the Platform.
2. The use of the full functionality is possible on an end device with access to the Internet, equipped with one of the following web browsers:
2.1. Microsoft Internet Explorer version 10.0 or higher;
2.2. Mozilla Firefox version 30 or higher;
2.3. Google Chrome version 28.0 or higher;
2.4. Opera version 11.0 or higher;
2.5. Apple Safari version 5.0 or higher.
3. Your web browser should have cookies and JavaScript enabled.
§4
Order placement and execution
1. Orders are accepted 7 days a week, 24 hours a day.
2. Placing an Order is possible once you have created and logged into your Account.
3. The Order is placed by indicating the payment option, payment method and completing the necessary data in the Order Form, namely:
3.1. an e-mail address;
3.2. name, surname;
3.3. the company, its address and tax identification number - if the Client wishes to receive an invoice; and then confirm the Order. If incomplete or incorrect information and data are entered, Core may ask the Client to complete or correct them.
4. Core's acceptance of the Order is confirmed by an email sent to the e-mail address indicated in the Account.
5. The Agreement is concluded as soon as Core confirms acceptance of the Order placed by the Client, in accordance with section 4 above. The execution of the Order takes place after the payment has been made and credited to Core's bank account. The time for the provision of the Service is calculated in monthly cycles for the days on which the User has used the service.
6. The content of the concluded Agreement is recorded, secured and made available to the Client through the following means:
6.1. making these Terms available on the Platform; and
6.2. sending the Client the e-mail referred to in section 4 above.
§5
Payments
1. Payments may be made as debit or credit card payments via the Stripe services. The payment methods available at any given time are specified on the Platform and may require acceptance of the payment operators' terms and conditions.
2. The Client is obliged to make payment within 3 Business Days from the date of the placing of the Order.
§6
Service
1. Core provides services to Clients in connection with the creation and administration of the Account, the delivery of the Newsletter and the Order Form.
2. Core offers access to the Platform.
§7
Provision of the Newsletter
1. At the express request of the Client, the Client may register for the Newsletter service.
2. The Newsletter service is free of charge.
3. Newsletter is sent at specified intervals by e-mail to the e-mail address specified by the Client.
4. The Client may cancel the Newsletter at any time by clicking on the deactivation link in the content of the Newsletter e-mail received. The cancellation of the Newsletter will be effected immediately. Upon cancellation, the Newsletter service will be completely deactivated. The withdrawal of consent to receive the Newsletter does not affect the lawfulness of the action performed on the basis of the consent granted before its withdrawal.
5. Withdrawal of consent to receive the Newsletter is synonymous with the removal of an individual from the list of Newsletter recipients.
§8
Core liability
1. General principles
1.1. Core strives to maintain the continuity of the Platform. Core's liability for unavailability of the Platform due to factors beyond Core's control of a technical nature or due to the act or omission of third parties is excluded. In the event of any malfunction of the Platform, the Client undertakes to promptly notify Core.
1.2. In the event of a technical malfunction in the operation of the Platform resulting in the unavailability of the Platform, Core will take all measures to rectify the malfunction and its possible negative effects without delay.
2. Provisions applicable only to non-consumers
2.1. In the event that the Client is not a Consumer, Core has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Client and the conclusion of the Agreement.
2.2. In the event that the Client is not a Consumer, Core may terminate the Agreement and cease to provide the services specified in § 6 section 1 of the Terms with immediate effect and without stating the reasons by sending the appropriate declaration to the Client in documentary form.
2.3. Core's liability to a Client who is not a Consumer, irrespective of its legal basis, shall be limited - both as part of a single claim and for all claims in aggregate - to the amount of the price paid and the costs of delivery under the Agreement, but no more than 5000 PLN (five thousand zloty). Core shall be liable to the Client who is not a Consumer only for typical damage foreseeable at the time of conclusion of the Agreement and shall not be liable for any lost profits to the Client who is not a Consumer.
2.4. Any disputes arising between Core and the Client who is not a Consumer shall be submitted to the court having jurisdiction over the seat of Core.
§9
Withdrawal and termination
1. The Agreement between the Consumer and Core expires as a result of:
1.1. cancel the Subscription no later than 48 hours before the cyclical fee period expires, which will result in deactivation of the Subscription on the cyclical fee collection date. If this time limit is exceeded, the Subscription will expire at the end of the next cyclical fee period;
1.2. termination of the Agreement by Core in the other events specified in the Terms.
2. Core shall have the right to withdraw from the Agreement concluded with the Client who is not a Consumer within 14 calendar days of its conclusion. Withdrawal from the Agreement in this event may occur without giving any reason and shall not give rise to any claims on the part of the Client who is not a Consumer against Core.
3. The Agreement with the Client may be terminated by Core with immediate effect in particular in the event that Core determines:
3.1. Client provided false identification data;
3.2. Client introduced unlawful content on the Platform, including content that infringes the rights of third parties;
3.3. Client was engaged in any action aimed at disrupting the operation of the Platform;
3.4. Client was engaged in any other activities that may result in damage to Core;
3.5. expiry of an additional period of 5 Business Days for User to remedy the infringements without success. The provisions of sections 1 and 2 above shall apply accordingly.
4. In the event that the Consumer does not agree to the commencement of the Services before the expiry of the 14-day period ( for withdrawal from an Agreement concluded at a distance), the Consumer may withdraw from the Agreement within 14 calendar days without stating a reason, in which case Core will reimburse the Consumer for the cost of the Subscription. It is sufficient to meet the deadline by sending the withdrawal declaration before its expiry. The withdrawal declaration may be made:
4.1. in writing to the following address: Core Labs sp. z o. o., ul. Grzybowska S87, 00-844 Warsaw, Poland;
4.2. in an electronic form via e-mail to: hello@getcore.app.
5. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act of 30 May 2014 (pl. Załącznik nr 2 do ustawy z dnia 30 maja 2014 r. o Prawach konsumenta). The consumer may use the model form, but this is not obligatory.
6. The consumer withdrawal period shall start from the day of conclusion of the Agreement.
7. In the event of conusmer withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed never concluded.
8. Core undertakes to reimburse all payments made by the Consumer immediately, no later than within 14 calendar days of receipt of the Consumer's statement of consumer withdrawal. Core shall reimburse the payment using the same method with which the Consumer paid, unless the Consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the Consumer.
§10
Complaints
1. General provisions
1.1. Complaints should be submitted to the following email address: hello@getcore.app
1.2. The complaint must always include the name and surname or company name of the Client and a detailed description of the situation giving rise to the complaint, as well as any proposals for resolving the situation giving rise to the complaint.
2. Provisions applicable only to the Clients who are Consumers
2.1. The basis and extent of Core's liability to the Client if the service is not in conformity with the Agreement are defined by generally applicable laws, in particular the Consumer Rights Act.
2.2. A complaint may be lodged by the Client:
2.2.1. in writing to the following address: Core Labs sp. z o. o., ul. Grzybowska S87, 00-844 Warsaw, Poland;
2.2.2. in an electronic form via e-mail to: hello@getcore.app
2.3. Core promptly responds to the Client's complaint, but no later than within 14 calendar days from the date of its submission. Failure by Core to respond within the aforementioned period shall mean that Core has acknowledged the complaint as justified.
§11
Personal data
1. The controller of the personal data entered by the Client in the process of creating an Account and using the Service is Core. The data will be processed in order to enable the use of the Platform, the performance of the Agreement, for analytical and statistical purposes and for other purposes in accordance with the relevant legislation. The provision of data is voluntary, however, if this is refused, this may, in some events, result in the impossibility of using the Services.
2. Core ensures that it complies with all the obligations indicated in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), in force since 25 May 2018, in particular, considering the state of the technology, the cost of implementation and the character, scope, context and purposes of the processing of Personal Data and the risk of infringement of the rights or freedoms of natural persons of varying probability and gravity, Core shall implement appropriate technical and organisational measures to ensure a degree of security appropriate to the risk.
3. The Client has been informed and accepts that e-mail addresses are provided to Core in the process of registering an Account by the Client for the purpose of providing communication through the Service, as well as for Core to send commercial information, including offers and other similar communications, to the Client electronically.
4. The Client may consent to the processing of his/her personal data by Core's partners for marketing, analytical and statistical purposes.
5. Notwithstanding the above provisions, the Client consents to the processing and analysis of data, which do not constitute personal data, collected by Core through the Platform for statistical and analytical purposes.
6. Detailed rules for the processing of Clients' personal data are specified in the Privacy Policy.
§12
Applicable law and dispute resolution
1. The law applicable to Agreements between Clients and Core shall be the law of Poland.
2. All disputes will be settled by the competent Polish common courts.
3. In the event of a dispute, the Client who is a Consumer has the possibility to resort to extrajudicial means of handling complaints and pursuing claims. In particular, the Client who is a Consumer is eligible to apply to the Mazovian Voivodeship Inspector of Trade Inspection in Warsaw with its seat in Warsaw (00-015), at ul. Sienkiewicza 3 (website address: www.wiih.org.pl), with a request to initiate mediation proceedings, and is eligible to apply to the Permanent Consumer Arbitration Court at the Voivodeship Inspector of Trade Inspection in Warsaw, with a request to resolve a dispute arising from the concluded sales agreement, to which Core hereby agrees.
4. The User may also obtain free assistance and the necessary information from the district consumer ombudsmen.
5. Detailed information on extrajudicial methods of resolving disputes between an entrepreneur and a consumer can be found on the website of the Office of Competition and Consumer Protection at: https://www.uokik.gov.pl/spory_konsumenckie.php
6. The Client who is a Consumer has also the possibility to use the EU online ODR platform available at: https://ec.europa.eu/consumers/odr/
7. The exercise of extrajudicial methods of handling complaints and redress is voluntary.
§13
Final provisions
1. Core may amend the Terms or the price of the services provided when:
1.1. this involves changes due to the entry into force of new legislation;
1.2. this involves the repeal or amendment of legislation already in force affecting the provision of the Terms or the operation of the Platform;
1.3. this involves the adaptation of the Terms to the necessary changes made to the IT system;
1.4. this involes a change in the scope of the services provided.
2. Core notifies each time changes are made to the Terms or the price of the services provided by publishing the changes on the website or by sending information to the Client's e-mail address with a link to the website on which the Terms are published or the price changes are presented.
3. A change to the Terms or the price of the services provided shall take effect fourteen days after notification of the change to the Terms the Client who is a party to the Agreement, unless the Client terminates the Agreement in writing or by means of a statement sent to hello@getcore.app before the expiry of this period.
4. Core can be contacted via the following telephone number: (48) 503 439 174. Contact is available on Monday-Friday during 9:00 AM - 5:00 PM CET, except major holidays.
5. To the extent not covered by these Terms, the provisions of Polish law shall apply.
6. Core does not transfer any rights to the Client other than those expressly indicated in the Terms, including in particular the transfer of property rights and the granting of implied licences. Any signs identifying Core, in particular trademarks, may only be used by the Client with Core's prior written consent under pain of voidness.
7. Regarding Clients who are not Consumers, Core may assign the rights and obligations under the Contract to any third party without the consent of the Client who is not a Consumer.
8. The Terms shall enter into force on 14 Feb 2024. Last updated: 14 Feb 2024.