Terms of Service

§ 1. General provisions

1. These terms of service (the “Terms”) set out the rules and conditions of using the “Converise” application (the “Application”) and the services provided by the Provider.

2. The Application is an experimentation operating system: it enables planning and tracking of business experiments, importing and normalising result evidence (including from the Customer's own data warehouse via read-only connectors), running automated quality checks, generating rule-based decision recommendations, and maintaining an organisational record of experiment decisions. The Application is intended both for businesses and for consumers.

3. The Terms constitute the terms of service referred to in Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means (the “Electronic Services Act”).

4. The services are provided by Converise sp. z o.o. (w organizacji) with its registered office at [ADDRESS], entered into the register of entrepreneurs of the National Court Register (KRS) under number [KRS], NIP: [NIP], REGON: [REGON] (the “Provider”).

5. The Provider can be contacted: (1) by e-mail — at: support@converise.io, (2) by post — at the address indicated in § 1(4), (3) by phone — at: [PHONE NUMBER].

6. Pursuant to Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services (the “DSA”), the Provider has designated a single point of contact for direct communication with the authorities of EU Member States, the European Commission, the European Board for Digital Services, and with Customers, in matters covered by the DSA. The point of contact is available at: support@converise.io.

7. Before starting to use the Application, the Customer is required to read these Terms and the Privacy Policy.

§ 2. Definitions

Capitalised terms used in the Terms have the following meaning:

Price List — the document or information specifying the currently available plans of the Service (including any free plan), their scope, the current price, the Subscription Period and other conditions indicated therein.

Consumer — a natural person performing a legal transaction with the Provider that is not directly related to that person's business or professional activity.

Account — the panel created in the Application's IT system allowing the Customer to use its functionalities.

Non-conformity — the non-conformity of the Service with the Agreement (the criteria for assessing conformity of a digital service are set out in Article 43k(1)–(2) of the Consumer Rights Act).

Subscription Period — the period for which the Provider makes the Service available to the Customer in accordance with the Price List.

Subscription Fee — the fee paid by the Customer in advance in exchange for the Service under a paid plan, determined in accordance with the Price List in force at the time it is ordered.

Review — the Customer's opinion about the Application, describing the Customer's experience of using the Service.

Privacy Policy — the document containing information on the processing of Customers' personal data by the Provider.

Terms — the term defined in § 1(1).

Customer Content — any data (including personal data), electronic files, information and materials saved by the Customer within the Account.

Agreement — the contract for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Provider undertakes to supply the Service to the Customer on the terms of the plan selected under the Price List (a free plan or a paid plan); the conclusion of the Agreement requires creating an Account.

Service — the digital service within the meaning of the Consumer Rights Act consisting in the Provider enabling the Customer to use the functionalities of the Application.

Customer — a client (a Business or a Consumer) using the Application.

Provider — the term defined in § 1(4).

Consumer Rights Act — the Polish Act of 30 May 2014 on Consumer Rights.

Electronic Services Act — the term defined in § 1(3).

User — a person using the Application who is a Consumer.

§ 3. Technical requirements, rules of use and security

1. In order to properly use the services provided by the Provider through the Application, the following are jointly necessary: (1) an Internet connection, (2) a device allowing the use of Internet resources, (3) an up-to-date web browser, (4) an active e-mail account.

2. Within the Application it is forbidden for Customers to use viruses, bots, worms or other computer code, files or programs (in particular scripts and applications automating processes or other code, files or tools).

3. The Provider declares that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organisational and technical measures, in particular to prevent third-party access to data, including SSL/TLS encryption, access passwords and anti-malware protections.

4. The Provider declares that, notwithstanding the safeguards referred to in section 3 above, the use of the Internet and of services provided by electronic means may be threatened by malicious software entering the Customer's IT system and device, or by third parties gaining access to the data on that device. In order to minimise this threat, the Provider recommends the use of anti-virus software and means protecting identity online.

5. Use of the Application is free of charge or paid, depending on the plan selected under the Price List. The Price List currently provides a free Early Access plan.

6. A Customer using the services provided by the Provider is obliged to provide only data (including personal data) consistent with the actual state of affairs. The Provider is not liable for the consequences of the Customer providing untrue or incomplete data.

§ 4. Agreement for the supply of the Service

1. Under the Agreement, the Provider enables the Customer to use the functionalities of the Application to the extent resulting from the plan selected under the Price List.

2. In order to conclude the Agreement, the Customer should: (1) go to the Application's website and select the “Sign up” option, (2) complete the required data in the displayed form, (3) tick the mandatory checkbox with the declaration of having read the Terms and the Privacy Policy and accepting their provisions, (4) click the “Create account” button, (5) click the activation link sent by e-mail to the address provided by the Customer.

3. Use of the Application requires registration, creation of an Account and confirmation of registration by electronic means (via the activation link received from the Provider).

4. Clicking the activation link is equivalent to the Customer concluding the Agreement on the terms of the free plan provided for in the Price List.

5. Alternatively, the Customer may register using their Google or Microsoft account. In that case the Customer should: (1) go to the Application's website, (2) choose registration via a Google or Microsoft account, (3) follow the sign-in flow of the selected identity provider, (4) after the first sign-in, tick the mandatory checkbox with the declaration of having read the Terms and the Privacy Policy and accepting their provisions, displayed before first use of the Application. Completion of these steps is equivalent to the conclusion of the Agreement referred to in section 4 above.

6. The Customer may at any time switch to a paid plan by selecting a plan from the Price List and completing the ordering steps indicated there (including, where the Price List so provides, arranging invoice-based billing with the Provider). The order confirmation communicated to the Customer is equivalent to extending the Agreement on the terms of the selected paid plan.

7. The Customer retains all Customer Content and the information and data entered into their Account when switching between plans.

8. The Provider informs, and the Customer acknowledges, that maintaining conformity of the Service with the Agreement does not require the Customer to install updates: the Application is provided in a software-as-a-service model and updates are applied by the Provider.

9. Sections 10–16 below apply only to Customers who are Consumers or Businesses with consumer rights.

10. If the Customer is not given access to the Service promptly after the conclusion of the Agreement, the Customer shall call on the Provider to provide access without delay. The call may be sent by e-mail to the address indicated in § 1(5)(1). If the Provider does not provide access promptly after receiving the call, the Customer may withdraw from the Agreement.

11. Notwithstanding section 10 above, if access to the Service is not provided, the Customer may withdraw from the Agreement without calling on the Provider to provide access if at least one of the cases indicated in Article 43j(5) of the Consumer Rights Act applies.

12. Independently of sections 10–11 above, the Customer may terminate the Agreement by deleting their Account in the Application or by instructing the Provider to delete the Account, by sending the relevant request to the address indicated in § 1(5)(1).

13. Withdrawal from, or termination of, the Agreement by the Customer, regardless of its basis, is made by submitting to the Provider a declaration of withdrawal or termination. The declaration may be sent by e-mail to the address indicated in § 1(5)(1).

14. If the Customer breaches the Terms and fails to remedy the breach despite receiving a call to do so, the Provider may terminate the Agreement with a notice period of 7 (seven) days by submitting a declaration of termination by e-mail. After the notice period, the Provider ceases to supply the Service. During the notice period the Provider may block the Customer's access to the Service if this is necessary to prevent further breaches.

15. The Provider deletes the Account promptly upon receiving the declaration referred to in section 13 above or upon the lapse of the notice period referred to in section 14 above. Deletion of the Account results in the permanent deletion of the Customer Content saved on it, subject to backup copies which expire automatically within the periods described in the Privacy Policy.

16. The Customer has the right to: (1) export the data of their workspace in JSON format using the export function available in the Application, (2) receive that export for the purpose of transferring data to another system. The export is available at any time during the term of the Agreement, and on request submitted before Account deletion — no later than within 30 days of the request.

§ 5. Fees and settlements

1. Prices in the Price List are expressed in the currency indicated in the Price List. For Consumers and Businesses with consumer rights, prices are total (gross) prices including applicable VAT; for other Businesses the Price List may state net prices, in which case applicable VAT is added to the Subscription Fee.

2. Unless a specific provision of the Terms or individual arrangements with the Provider state otherwise, payments due to the Provider are made by the Customer using the payment methods indicated in the Price List (which may include payment on the basis of an invoice issued by the Provider).

3. In consideration for paid plans of the Service, the Customer is obliged to pay the Subscription Fee in the amounts indicated in the Price List. Changes of the prices indicated in the Price List are announced in the Application and do not constitute an amendment of these Terms.

4. The date of payment is the date on which the Subscription Fee due for the Service is credited to the Provider's bank account. After the payment is credited, the Provider sends to the Customer's e-mail address confirmation of access to the paid plan together with a VAT invoice.

5. Failure to pay the Subscription Fee results in suspension of access to the functionalities of the paid plan until the Subscription Fee is credited to the Provider's bank account; it does not deprive the Customer of access under the free plan, if such a plan is provided for in the Price List.

§ 6. Price List

1. The current Price List is available at: [PRICE LIST URL].

2. The Price List may provide that a defined scope of the Service may be used by the Customer free of charge.

3. The Provider may change the Price List at any time.

4. A change of the Price List does not in any way affect the fees specified in Agreements concluded before the change of the Price List.

§ 7. Complaints — Consumers and Businesses with consumer rights

1. The provisions of this paragraph apply only to Consumers and Businesses with consumer rights.

2. The Service supplied to the Customer by the Provider must be in conformity with the Agreement throughout the period of its supply.

3. The Provider is liable for Non-conformity revealed during the period of supply of the Service.

4. If a Non-conformity is revealed, the Customer may file a complaint requesting that the Service be brought into conformity with the Agreement.

5. The complaint is filed by e-mail to the address indicated in § 1(5)(1).

6. The complaint should contain: (1) the Customer's name and surname, (2) an e-mail address, (3) a description of the revealed Non-conformity, (4) a request to bring the Service into conformity with the Agreement.

7. The Provider may refuse to bring the Service into conformity with the Agreement if this is impossible or would require the Provider to incur excessive costs.

8. After considering the complaint, the Provider responds to the Customer, in which it: (1) accepts the complaint and indicates the planned date of bringing the Service into conformity with the Agreement, (2) refuses to bring the Service into conformity for the reasons indicated in section 7 above, (3) rejects the complaint as unfounded.

9. The Provider responds to the complaint by e-mail within 14 (fourteen) days of its receipt.

10. If the complaint is accepted, the Provider, at its own cost, brings the Service into conformity with the Agreement within a reasonable time from receipt of the complaint and without excessive inconvenience to the Customer, taking into account the nature of the Service and the purpose for which it is used. The planned date is indicated in the response to the complaint.

11. If a Non-conformity is revealed, the Customer may submit to the Provider a declaration of price reduction or withdrawal from the Agreement where: (1) bringing the Service into conformity is impossible or requires excessive costs, (2) the Provider has failed to bring the Service into conformity in accordance with section 10 above, (3) the Non-conformity persists even though the Provider has attempted to bring the Service into conformity, (4) the Non-conformity is so material that it justifies withdrawal without first requesting that the Service be brought into conformity, (5) it is clear from the Provider's declaration or the circumstances that the Provider will not bring the Service into conformity within a reasonable time or without excessive inconvenience to the Customer.

12. The declaration of withdrawal or price reduction may be sent by e-mail to the address indicated in § 1(5)(1).

13. The declaration should contain: (1) the Customer's name and surname, (2) an e-mail address, (3) the date of supply of the Service, (4) a description of the Non-conformity, (5) the ground chosen from among those indicated in section 11 above, (6) a declaration of price reduction together with the reduced price, or a declaration of withdrawal from the Agreement.

14. If the Customer withdraws from the Agreement, the Provider deletes the Account promptly upon receipt of the declaration of withdrawal.

15. The reduced price must remain in such proportion to the contractual price as the value of the non-conforming Service bears to the value of a conforming Service. The Provider refunds the amounts due as a result of the price reduction promptly, no later than within 14 (fourteen) days of receiving the declaration of price reduction.

16. Pursuant to Article 34(1a) of the Consumer Rights Act, in the event of withdrawal from the Agreement the Customer is obliged to cease using the Service and making it available to third parties.

§ 8. Complaints — Businesses

1. The provisions of this paragraph apply only to Businesses.

2. If a non-conformity of the Service with the Terms is revealed, the Customer may file a complaint.

3. The complaint is filed in writing or by e-mail to the address indicated in § 1(5)(1), no later than within 30 days of the day the non-conformity was revealed.

4. The complaint should contain: (1) the Customer's name, (2) an e-mail address, (3) a description of the revealed non-conformity of the Service with the Terms.

5. The Provider may refuse to bring the Service into conformity with the Terms if this is impossible or would require the Provider to incur excessive costs.

6. After considering the complaint, the Provider responds to the Customer, in which it: (1) accepts the complaint and indicates the planned date of bringing the Service into conformity with the Terms, (2) refuses to bring the Service into conformity for the reason indicated in section 5 above, (3) rejects the complaint as unfounded.

7. The Provider responds to the complaint by e-mail within 21 (twenty-one) days of its receipt. In particularly complex cases this period may be extended to 30 calendar days.

§ 9. Right of withdrawal

1. Pursuant to Article 27 et seq. of the Consumer Rights Act, a Customer who is a Consumer or a Business with consumer rights has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days of its conclusion.

2. The right of withdrawal is exercised by submitting to the Provider a declaration of withdrawal. To meet the deadline it is sufficient to send the declaration before its expiry.

3. The declaration of withdrawal may be submitted in any form, in particular on the form constituting Annex 2 to the Consumer Rights Act.

4. Upon receiving the declaration of withdrawal, the Provider promptly sends the Customer confirmation of its receipt by e-mail.

5. If the Customer withdraws from the Agreement, the Provider deletes the Account promptly upon receipt of the declaration of withdrawal.

§ 10. Customer Content and Reviews

1. The Customer may send the Provider Reviews concerning the services provided by the Provider.

2. A Review may be sent in any manner, including by e-mail.

3. Sending a Review does not oblige the Provider to publish it.

4. A Review published by the Provider may be removed by it at any time.

5. It is forbidden to post Customer Content or Reviews: (1) containing untrue data, or contrary to law, the Terms or good practice, (2) serving activities prohibited by law, inciting violence or hatred, or insulting any group of persons or any person, (3) capable of infringing personal rights, copyright, image rights or other rights of third parties, (4) containing advertising, promotional, political, religious or discriminatory content, (5) promoting activity competitive with the Provider.

6. Any person using the Application (a “Reporter”) is entitled to report Customer Content or a Review that may infringe the Terms.

7. A report may be made by e-mail to: support@converise.io.

8. A report should contain: (1) a sufficiently substantiated explanation of the reasons why the Reporter alleges that the reported content is illegal, (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling identification of the content, appropriate to its type and to the functionality of the Application, (3) the name or business name and e-mail address of the Reporter, except for a report concerning information considered to involve one of the offences referred to in Articles 3–7 of Directive 2011/93/EU, (4) a statement confirming the Reporter's good-faith belief that the information and allegations contained in the report are accurate and complete.

9. Upon receipt of a report, the Provider sends the Reporter confirmation of its receipt to the e-mail address indicated by the Reporter.

10. If the report does not contain the elements indicated in section 8 above or contains errors, the Provider may ask the Reporter to supplement or correct it within 14 days of receiving the request. If the Reporter fails to do so within that period, the Provider may leave the report unexamined.

11. The Provider verifies the reported content within 14 days of receiving a complete and correct report. As part of the verification, where necessary, the Provider will ask the Reporter for additional necessary information or documents. Until the report is examined, the Provider may block the visibility of the reported content.

12. After verifying the report, the Provider: (1) removes content infringing the Terms, or (2) restores content that does not infringe the Terms (if its visibility was blocked during verification), providing the reasons for its decision.

13. If content is removed, the Provider promptly notifies both the Reporter and the Customer who published the removed content, providing the reasons for its decision.

14. The statement of reasons includes: (1) an indication whether the decision entails removal of the content, blocking its visibility, demoting it or applying other measures referred to in the Terms, and, where relevant, the territorial scope and duration of the decision, (2) the facts and circumstances on which the decision is based, including, where relevant, whether it was taken pursuant to a report or on the basis of the Provider's own voluntary checks and, where strictly necessary, the identity of the Reporter, (3) where relevant, information on the use of automated means in taking the decision, including whether the content was detected or identified using automated tools, (4) where the decision concerns allegedly illegal content, the legal or contractual basis relied on and an explanation why the content is considered illegal on that basis, (5) clear and user-friendly information on the possibilities of appealing the decision.

15. A Customer whose content has been removed, or a Reporter whose report has been refused, may appeal against the Provider's decision.

16. An appeal may be submitted: (1) by e-mail — to: support@converise.io, (2) in writing, preferably by registered mail — to the address indicated in § 1(4).

17. An appeal should contain: (1) the appellant's name or business name, (2) contact details (e-mail address, correspondence address), (3) detailed reasons why, in the appellant's view, the Provider's decision is wrong and should be changed.

18. The Provider promptly confirms receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.

19. Appeals are examined within 14 days of receipt by the Provider's authorised personnel (these actions are not performed in an automated manner, without human involvement).

20. The Provider notifies the appellant of the decision taken on the appeal by e-mail and, if it simultaneously finds the reported content illegal, takes the measures provided for in the Terms.

21. Sending Customer Content or a Review is equivalent to the Customer declaring that they are its sole author. The Customer bears full liability for the Customer Content and the content of Reviews and the consequences of their publication (including infringement of personal rights and third-party intellectual property rights).

22. Sending a Review is equivalent to the Customer granting the Provider a free, non-exclusive licence to use it, without territorial or time limits, in the Provider's promotional materials (the “Licence”).

23. The Licence entitles the Provider to modify a Review where necessary for its dissemination in a given manner, without changing its substance.

24. The Licence authorises the Provider to grant sublicences to freely chosen third parties to use the Review. Such a sublicence may be granted for consideration or free of charge.

§ 11. Liability and service levels

1. The Provider undertakes to provide the Services with due care.

2. The parties exclude the Provider's liability for lost profits of a Customer who is a Business.

3. The Provider does not guarantee any specific level of performance, effectiveness or usefulness of the Application in relation to the Customer's specific needs and uses. In particular, the decision recommendations generated by the Application are produced by a deterministic, rule-based engine on the basis of the data supplied by the Customer, constitute supporting information only, and do not replace the Customer's own business judgement; the Customer remains solely responsible for business decisions taken on their basis.

4. To the extent permitted by the Civil Code and the Consumer Rights Act, the Provider is not liable to the Customer for the consequences of: (1) Customers using any services or functionalities available in the Application contrary to their intended purpose, (2) Customers providing incorrect or untrue data, (3) the use of Account access credentials by third parties, where those persons obtained the credentials as a result of their disclosure by the Customer or insufficient protection by the Customer against access by such persons.

5. To the extent permitted by the Civil Code and the Consumer Rights Act, the Provider is not liable for disruptions in the functioning of the Application resulting from: (1) force majeure (which is also understood to include unavailability of APIs of key external service providers), (2) necessary maintenance work carried out in the Application, (3) causes attributable to the Customer, (4) causes independent of the Provider, in particular acts of third parties for which the Provider is not responsible.

6. The Provider undertakes to carry out the works referred to in section 5(2) above in a manner as unobtrusive as possible for Customers and, where possible, to inform them in advance of planned works.

7. The Provider undertakes to remove disruptions in the functioning of the Application on an ongoing basis, as far as possible.

8. Upon termination of the Agreement, the Account and the Customer Content saved on it are deleted promptly in accordance with § 4(15); backup copies expire automatically within the periods described in the Privacy Policy. Before termination, the Customer may at any time use the export function referred to in § 4(16).

§ 12. The Provider's intellectual property

1. All components of the Application, in particular: (1) the name of the Application, (2) the logo of the Application, (3) images and descriptions, (4) the principles of operation of the Application, all of its graphic elements, the interface, software, source code and databases — are protected by law, including under the Polish Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 — Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable provisions of law, including EU law.

2. Any use of the Provider's intellectual property without its prior, express consent, in breach of the Terms, is prohibited.

§ 13. Out-of-court dispute resolution — Consumers and Businesses with consumer rights

1. The provisions of this paragraph apply only to Consumers and Businesses with consumer rights.

2. A Customer who is a Consumer or a Business with consumer rights may use out-of-court means of handling complaints and pursuing claims.

3. Detailed information on such means and the rules of access to those procedures are available at the offices and on the websites of: (1) district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection, (2) Voivodeship Inspectorates of Trade Inspection, (3) the Office of Competition and Consumer Protection (UOKiK).

§ 14. Personal data

Information on the processing of personal data by the Provider is contained in the Privacy Policy available at /privacy on this website.

§ 15. Change of the Service — Consumers and Businesses with consumer rights

1. The provisions of this paragraph apply only to Consumers and Businesses with consumer rights.

2. The Provider may change the Service in the event of: (1) the need to adapt the Service to newly emerging devices or software used by Users to use the Service, (2) the Provider's decision to improve the Service by adding new functionalities or modifying existing ones, (3) a legal obligation to make changes, including the obligation to adapt the Service to the current state of the law.

3. A change of the Service may not involve any costs for the Customer.

4. The Provider informs the Customer of a change of the Service by publishing a message in the Account. Independently, information about the change may be sent to Customers by e-mail.

5. If the change of the Service will materially and negatively affect access to the Service, the Provider is obliged to inform the Customer of: (1) the characteristics and date of the change, and (2) the Customer's right to terminate the Agreement with immediate effect within 30 (thirty) days of the change.

6. The information referred to in section 5 above is sent by e-mail no later than 7 (seven) days before the change.

7. Termination under section 5(2) above is made by submitting a declaration of termination, which may be sent by e-mail to the address indicated in § 1(5)(1).

8. Termination of the Agreement under section 5(2) above has the same effects as § 7 provides for withdrawal from the Agreement due to a Non-conformity.

§ 16. Amendments to the Terms

1. The Provider may amend the Terms, among others, in the event of: (1) a change of the Provider's business activity, (2) the Provider commencing the supply of new services, modifying services supplied to date or discontinuing them, (3) a technical modification of the Application requiring the Terms to be adjusted, (4) a legal obligation to make changes, including the obligation to adapt the Terms to the current state of the law.

2. Customers will be informed of an amendment to the Terms by publication of the amended version in the Application. Independently, the amended version will be sent to Customers by e-mail.

3. Agreements concluded before the amendment of the Terms are governed by the version of the Terms in force at that time.

4. A Customer who does not agree to the amendment may terminate the Agreement with immediate effect within 10 (ten) days of receiving the information about the amendment. The absence of termination is deemed consent to the amended Terms.

5. Termination is made by submitting a declaration of termination, which may be sent by e-mail to the address indicated in § 1(5)(1).

6. Promptly after receiving the declaration referred to in section 5 above, the Provider deletes the Account.

§ 17. Final provisions

1. The current version of the Terms applies from [EFFECTIVE DATE] onwards.

2. The Terms are governed by Polish law. Any disputes arising under the Terms will be resolved through amicable negotiations and, if no agreement is reached: (1) in relations with Businesses — by the common court having jurisdiction over the registered office of the Provider, (2) in relations with Consumers and Businesses with consumer rights — by the competent common court determined in accordance with generally applicable law.

3. In matters not regulated by the Terms, the generally applicable provisions of Polish law apply.

4. Where the Customer entrusts the Provider with the processing of personal data as described in the Data Processing Agreement available at /dpa on this website, that Data Processing Agreement forms an integral part of the Terms.