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REGULATIONS OF THE WEBSITE

surferseo.com

§1. GENERAL CONDITIONS
  1. These Regulations are applicable to services provided by the Administrator via the Website surferseo.com and all its webpages and subdomains, including especially https://app.surferseo.com.

  2. Definitions:

    1. Website – an Internet website available at surferseo.com, as well as all its webpages and subdomains, including especially https://app.surferseo.com, administered by the Administrator, and via which the Administrator provides services specified in these Regulations;
    2. Administrator – Surfer Sp. z o.o. with registered office at the following address: Pl. Solny 14/3, share capital: 5000 PLN, Tax ID (NIP): 8971860264, National Business Registry Number (REGON): 381562688, registered in the register of entrepreneurs of the National Court Register under KRS number: 0000752993;
    3. User – natural person with full capacity for legal actions as well as natural person with limited capacity for legal actions as stated in generally applicable laws, natural person conducting a business activity, legal person or entity with no legal personality who makes use of electronically supplied services provided by the Administrator;
    4. Registration Form – a form available on the Website or an external website, used to create an Account;
    5. Account – marked with individual name (login/e-mail) and password given by the User, collection of resources in the Administrator's ICT system where the User’s data are gathered;
    6. Contract – a Service Contract for services provided by the Administrator via the Website – concluded between the Administrator and the User, for an indefinite period, as per provisions contained herein;
    7. Regulations – these Regulations, as per Article 8 of the Act on Provision of Services by Electronic Means dated July 18th 2002 (Journal of Laws 2017, item 1219) — defining the terms of usage of the Website;
    8. Query – a request for analysis of a specified phrase in a specified location and language, made by the User via the Account.
  3. The services provided by the Administrator via the Website are:

    1. Collection of User data,
    2. Access to other functionalities available on the Website.
  4. The Administrator provides their services worldwide.

  5. These Regulations are available free of charge via the Website www.surferseo.com, where they can be downloaded, saved, and printed.

§2. USAGE OF THE WEBSITE
  1. The User is obliged to utilise the Website in accordance with these Regulations, in a manner consistent with the applicable provisions of the law, as well as the principles of social co-existence and morality.

  2. Any action undertaken by the User should ensure the respect for individual rights of any third parties.

  3. While using the Website, the User is obliged to provide real and correct data and to protect it from any unauthorised access.

  4. Placing personal data of third parties on the Website is forbidden without prior consent of these third parties.

  5. Users may only have one Account. In order to create multiple Accounts, Users require an express consent of the Administrator.

  6. Any User, as well as a third party, with access to the Website, is obliged to refrain from copying, modifying, sharing, transmitting, or using in any other manner the contents and databases available on the Website, apart from the scope of limitations of allowed use.

  7. The password allowing the User to log in to the Website is private and confidential.

  8. Any instances of password exchange between the Users are forbidden.

  9. It is forbidden to attempt to introduce any harmful data into the computerised system (malware, including bots, viruses, spyware, "worms", etc.).

  10. Any content or actions in any way breaching these Regulations or not being compliant with the purpose of the Website may be reported via the e-mail address [email protected]

  11. In order to use the Website, it is necessary to have a computer with minimum requirements: single Core 3.0GHZ processor, 1GB RAM, Nvidia GeForce 5xxx series or equivalent graphics card as well as internet browser with network broadband recommended, as well as keyboard or other pointing device which enables filling in the electronic forms. Recommended requirements: Duo Core of higher processor, 2GB RAM, Nvidia GeForce 7xxx series or equivalent graphics card as well as internet browser with network broadband recommended.

§3. SERVICE PROVISION CONDITIONS
  1. Usage of the Website for regular Account Users is completely voluntary.

  2. Creating an Account on the Website is free of charge and carries no financial obligations. Above point notwithstanding, there is a possibility of purchasing a subscription allowing one to place more Queries every day and use more functions of the Website.

  3. The Administrator takes utmost care to provide their services via the Website in a fully satisfactory manner to the Users.

  4. In order to fully utilise the Website's capabilities, one should familiarise themselves with and accept the contents of the Regulations.

  5. Users are registered on the Website via its webpage containing a Registration Form, by filling it with their data (e-mail address), creating a password protecting the Account, and clicking the button confirming the registration, having first accepted these Regulations.

  6. The contract between the Account User and the Administrator is concluded for an indefinite period.

  7. The Service Contract is considered concluded once the User presses (clicks) the button confirming their registration on the Website.

  8. The Administrator has the right to terminate the Contract concluded with the User with a notice period of 14 days. The termination shall be communicated to the User via e-mail sent to the e-mail address provided during registration.

  9. The User may withdraw from the Contract concluded with the Administrator at any time by sending a message informing of their intent to do so to the address: Pl. Solny 14/3, 50-062, Wrocław, Poland, or to the e-mail address: [email protected], or by deleting their data from the Website via a relevant button.

  10. The User found to have breached any provisions of these Regulations or any applicable mandatory rules of law may be requested by the Administrator to cease any such activity. The request shall be issued via e-mail to the User's e-mail address provided during registration. If the request is not fulfilled and the User continues to breach these Regulations or the mandatory rules of law, the Administrator reserves the right to delete the Customer’s Account, which is tantamount to immediate termination of the underlying Contract.

  11. Creating a new Account by a User whose previous Account was deleted requires an express consent from the Administrator.

  12. If any errors are detected in the Website's functionality, the User has the right to demand their removal, based on the nature and the complexity of the error.

§4. FUNCTIONALITY OF THE WEBSITE
  1. The basic functionality of the Website consists in placing Queries for analysis of attributes of websites appearing in organic Google searches and analysing their common dependencies, by any selected phrase, in specified location and language.

  2. The analysis results are presented in a graphical format – as charts, reports, lists, etc.

  3. Examples of analyses, as well as a catalogue of available factors, are available in the demo version of the platform at https://demo.surferseo.com.

  4. The Administrator informs that the free Account allows one to utilise all available factors. The Administrator reserves the right to make changes to the availability of individual factors in free Accounts at any moment.

  5. Analyses are carried out in real time, require several minutes to process, and cover anywhere between several and several hundred factors.

  6. The Administrator reserves the right to present analysis results carried out not in real time, containing information not older than three months.

  7. Via the Account the User also has access to results of previous Queries from previous three months.

  8. The Administrator informs that the analysis and the results are presented only for information purposes and the Website is designed for professionals, able to properly utilise them. The analyses are not meant to serve as clues or recommendations, and undertaking any actions on the basis of received results is completely voluntary. The Administrator is therefore not liable for the means of usage of the data acquired via the Website and any results stemming therefrom.

  9. If a Customer forgets / loses the password that they provided during registration, they have an option to use the "Remind Password" functionality, which will generate and send an e-mail to the e-mail address that was provided during registration with a link enabling one to reset the password.

§5. PAYMENT
  1. Creating an Account on the Website carries no financial obligations.

  2. With the free Account a User may place up to 5 Queries every day. Unused Queries are not cumulative.

  3. Placing any additional Queries and access to analysis of factors unavailable in free Accounts requires one to purchase a subscription. Subscription costs 399 USD annually and allows users to make up to 50 Queries every day.

  4. Payments may only be issued online via credit cards, requiring the User to submit their card's number, expiry date and CVC code.

  5. At an express request of the User, sent via e-mail to [email protected], the Administrator may issue a pro-forma invoice and allow the User to issue the payment by other means.

  6. Once the subscription expires, the User shall retain access to Queries results from the previous three months, but loses access to factors that are unavailable in free Accounts.

§6. COMPLAINTS
  1. If the User feels that the Administrator is not providing their services in accordance with the previously established rules, they may file a formal complaint. The User is in such a case requested to inform the Administrator of any alleged breaches, to allow the Administrator an opportunity to clarify their position on the matter.

  2. Any formal complaints should be sent via traditional mail to the following address: Pl. Solny 14/3, 50-062, Wrocław, Poland, or via e-mail sent to the e-mail address [email protected]

  3. The complaint should contain: the name and surname, the applicable e-mail address, the description of alleged breaches, and one's requests relating thereto.

  4. If the complaint is found to not contain sufficient information, the Administrator shall revert to the User and request additional data before responding to the complaint.

  5. The Administrator shall respond to the complaint within 14 days (not applicable to complaints filed by non-consumer Customers). The response to the complaint shall be sent via e-mail, unless the User requests to have the response received via traditional mail.

  6. If no response is received from the Administrator within 14 days, the complaint shall be considered valid (not applicable to complaints filed by non-consumer User).

§7. WITHDRAWAL FROM THE CONTRACT
  1. A User who is also a consumer as per Section 22(1) of the Civil Code, dated April 23rd 1964 (Journal of Laws 2017, item 459), has the right to withdraw from a distance Contract, without providing any reasons thereto, within 14 days of concluding the contract on providing services by electronic means.

  2. The above provision is not applicable in the following instances:

    1. provision of services, where the trader carried out a service as per the consumer's express consent, where the consumer had been informed before the service was provided that they would lose their right to withdraw from the Contract once the service is carried out,
    2. contracts for services for which the price or remuneration is dependent on variations of the financial market, outside of the trader's control, which may occur before the contract withdrawal term is due,
    3. contracts for services covering non-prefabricated items, manufactured based on the consumer's specifications or used to serve their own, individual needs,
    4. contracts for services covering items that quickly deteriorate or with short "best consumed before" time frames,
    5. contracts for services covering items delivered in a sealed packaging, which, once opened by the consumer, prevents the item from being returned due to health or hygiene concerns,
    6. specific contracts for services covering items that, due to their inherent nature, are inseparably connected to other items once delivered,
    7. contracts for services covering alcoholic beverages, the price for which was established when concluding the Service Contract, and which may be delivered only after 30 days, and their price is dependent on variations of the financial market, outside of the trader's control,
    8. contracts in which the consumer expressly demanded that the trader performs urgent repairs or conservatory works. If the trader provides any additional services to those requested by the consumer, or delivers any items other than spare parts required to perform repairs or conservatory works — the consumer has the right to withdraw from the contract with regards to the additional services or items,
    9. contracts for services covering sound or video recordings, or software delivered in a sealed packaging, if the packaging was opened by the consumer following the delivery,
    10. journals, periodicals, or magazines, except subscription contracts,
    11. contracts concluded at a public auction,
    12. contracts for services covering accommodation other than for residential purpose, transport of goods, car rental services, catering, or services related to leisure activities, if the contract provides for a specific date or period of performance,
    13. contracts covering supply of digital content which is not supplied on a tangible medium, if the service has begun with the consumer's prior express consent and with the acknowledgement by the consumer of losing the right to withdraw.
  3. In order to withdraw from the Contract, one should file a written declaration via traditional mail or e-mail, within the statutory period of 14 days since the conclusion of the Contract, or delete their data from the Website, using the relevant button (field).

§8. COPYRIGHT PROTECTION
  1. All photographs and other materials (including texts, graphics, logotypes, etc.) available on the Website are considered property of the Administrator or have been utilised by the Administrator with consent of third parties possessing the relevant copyrights.

  2. Copying the photographs and other graphical materials, as well as reprinting any of the texts available on the Website, or their publication on the Internet without prior written consent of the Administrator or the third party possessing the relevant copyright, is forbidden.

  3. Downloading graphical materials from the Website and using them for promotional or commercial purposes is also forbidden for all third parties.

  4. Any usage of the above mentioned materials without a prior written consent of the Administrator or the third party possessing the relevant copyright is against the law and may constitute a basis for initiating legal proceedings against the party engaging in such activities.

§9. PERSONAL DATA PROTECTION

The Administrator is the Personal Data Administrator of the User, and the basis for processing of personal data is the underlying contract or undertaking actions on the User's request before concluding a contract. Any details relating to the processing of the personal data can be found in the Privacy Policy.

§ 10. EXCLUSION OF RESPONSIBILITY
  1. The Administrator is not liable for actions of the Users that are not compliant with these Regulations and for instances of the Users not fulfilling their legal obligations in accordance with the mandatory rules of law.

  2. Administrator is not liable for any damages caused by not being supplied with complete, correct, and updated data by the User.

  3. The Administrator is not liable for incorrect usage of the data acquired via Queries placed by the User or a third party. Provided analyses are considered specialist data and are meant for professionals. Incorrect usage of the data may produce unwanted results.

  4. The Administrator is not liable for damages incurred by Users resulting from force majeure, as per the applicable provisions of the Polish law.

§11. FINAL PROVISIONS
  1. The Administrator reserves the right to introduce limitations to the usability of the Website caused by technical issues, conservatory works, or upgrade implementation. Simultaneously, the Administrator is obligated to limit the above mentioned technical breaks to night time and to have them last as briefly as possible.

  2. The Administrator reserves the right to introduce changes to the Regulations, and to expand or limit the scope of services rendered. Any such changes shall be communicated to the User via e-mail, sent to the e-mail address provided during the registration on the Website. The changes shall be introduced not earlier than after 5 days since informing the User.

  3. The changes to the Regulations shall not aim at modifying the rights that the Users acquired prior to introducing them.

  4. The provisions of these Regulations are not aiming at waiving or limiting any of the rights of the User being a consumer, as per the Civil Code dated April 23rd 1964 (Journal of Laws 2017, item 459), applicable as per the mandatory rules of law. Should any of the provisions of these Regulations not comply with the above mentioned rules of law, the rules of law shall take precedence.

  5. Any conflicts between the Administrator and the Users shall be resolved in an amicable manner or by means of mediation proceedings assisted by an independent, neutral mediator. The User may file for amicable resolution at the Permanent Consumer Arbitration Court or file a request to the relevant Regional Inspectorate for Trade Inspection.

  6. Any detailed information, contract details, and lists of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection. The User may also file their complaint via the European Union's ODR platform (online dispute resolution), available at: http://ec.europa.eu/consumers/odr/.

  7. Should an amicable resolution not be possible, the conflict shall be resolved by the relevant court as per the provisions of the Polish law for the User also being a consumer as per Article 22(1) of the Civil Code dated April 23rd 1964 (Journal of Laws 2017, item 459).

  8. For disputes between the Administrator and a non-consumer User, the relevant court shall be the court of competent jurisdiction as per the Administrator's registered address.

  9. Any matters not regulated by these Regulations shall be regulated by the applicable provisions of the Polish law, especially the Civil Code dated April 23rd 1964 (Journal of Laws 2017, item 459), and any other applicable acts.

  10. These Regulations are applicable starting with the 19th of November 2018.