Information on restrictions on use of services (according to DSA)

RESTRICTIONS ON THE USE OF SERVICES IN TERMS OF CONTENT PROVIDED BY RECIPIENTS OF THE SERVICE

In accordance with the requirements of Regulation (EU) 2022/2065 of the European Parliament and of the Council (Digital Services Act, DSA)

I. Definitions

Service Provider – Occubee S.A. with its registered seat in Katowice (40–527) at ul. Gawronów 6, Poland, entered into the register of entrepreneurs of the National Court Register kept by the District Court Katowice-Wschód in Katowice, VIII Commercial Department KRS under the KRS number: 0001083172, NIP (tax identification number): 954-286-67-00, REGON (business statistical number): 527612815, with share capital of PLN 4,299,997.00, paid-up in full, e-mail:  office@occubee.com, www: www.occubee.com

Client – an entrepreneur who uses the Services provided by the Service Provider on the basis of a Contract concluded with them. 

Contract – a contract concluded between the Service Provider and the Client, the object of which is the provision of Services by the Service Provider to the Client;

Regulations – the regulations setting out the terms and conditions for the provision of Services, made available to the Client prior to the conclusion of the Contract and forming an integral part thereof;

Services – services specified in the Contract, provided electronically by the Service Provider;

System – software under the name of “Occubee” for advanced online business data analysis, based on artificial intelligence, using computational intelligence methods to analyse data in order to automate business processes, facilitate operational and strategic decision-making and plan proper business development, shared on Internet in a service model of Software as a Service (SaaS);

User or End-User – a person who, on the basis of the Contract concluded by the Client, is authorised to use the Services, who has access to the System, granted by the Client.

II. Role of the Service Provider

The Service Provider makes available an online System that enables the Client and Users to share content, including between the Users of a given Client, in accordance with the terms set out in the Contract and the Regulations. Making the System available does not mean that the Service Provider has knowledge of the content shared by the Client and Users. In the event of identifying or suspecting that the content is not compliant with applicable laws, the provisions of the Contract, or the Regulations, the Service Provider will take the actions described below to detect and remove such content.

III. Remedies

  1. The Service Provider reserves the right to moderate the content that the Client or End Users enter into the System or develop using the System and store in the System’s infrastructure, if it violates the common law, provisions of the Contract, the Regulations or good practices. Content moderation may be carried out either automatically or manually.
  2. If the content in question violates or there is a reasonable suspicion that it may violate common law, the provisions of the Contract, the Regulations or good practices, the Service Provider may take measures which:
    • affect the availability, visibility or reachability of such content, for example by removing it or blocking access to it, and/or
    • affect the User’s ability to provide such content, including by suspending or closing the User’s account.

IV. Verification activities

The Service Provider may, on its own initiative, undertake verification activities or other actions aimed at detecting, identifying, and removing or preventing access to content that violates applicable laws, the provisions of the Contract, the Regulations, or good practices.

V. Reporting of illegal content

  1. The Service Provider provides tools to report illegal content electronically. In order to make a report, it is necessary to fill in an appropriate form, including the completion of all fields marked as mandatory.
  2. The Service Provider shall inform the reporter of the receipt of the report and the decision taken without undue delay, provided that the contact details of the reporter are available electronically.
  3. The Service Provider may, after a prior warning, temporarily suspend the ability to submit reports for individuals or entities that repeatedly submit obviously unfounded reports.

VI. Moderation of content

  1. If the Service Provider has reasonable doubts about the legality of the content submitted by the Client or User – i.e. the suspicion that the content is itself illegal or refers to illegal activities – the Service Provider may require the Client and/or User to provide relevant explanations and/or evidence proving the legality of the content in question. To this end, the Service Provider will set an appropriate deadline for the submission of explanations, which shall not be shorter than 7 days.
  2. In the event that the explanation or evidence is not submitted within the set time limit, or where the explanations provided and/or evidence submitted prove insufficient to resolve the doubts, the Service Provider may remove the content in question or prevent access to it.
  3. The Client has the right to appeal against the Service Provider’s decision in accordance with the principles set out in Section XVI of the Regulations.

VII. Suspension or closure of the User’s account

  1. In the event that the Client’s or User’s actions violate common law, the provisions of the Contract, the Regulations or good practices, the Service Provider may, via e-mail, call the Client and/or User to remove such content and cease violations, under pain of suspension or closure of the User’s account.
  2. In the case of repeated or significant violations, the Service Provider may suspend or close the User’s account. The Client and the User will be informed of such a decision by e-mail, together with an indication of the reasons for the suspension or closure of the account.
  3. The creation of a new account for a User whose account has been suspended or closed, as well as allowing such User to use another account, requires the prior consent of the Service Provider.
  4. The Client shall have the right to appeal against the Service Provider’s decision in accordance with the provisions of Section XVI of the Regulations.
  5. Regardless of the measures taken by the Service Provider as described above, the Client bears full responsibility for their own actions and omissions, as well as for the actions and omissions of the Users in connection with the use of the System. In particular, the Client may be held liable for damages to the Service Provider, other Clients, and/or Users.