Administrator – 3Soft S.A. with its registered office in Katowice (40-527) at ul. Gawronów 6, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Katowice – Wschód in Katowice, 8th Commercial Division of the National Court Register under KRS number: 0000422810, NIP: 634-280-89-32, REGON: 242918006, with share capital of PLN 4,835,541.00 paid up in full, e-mail: email@example.com, phone: +48 32 204 27 86, website: occubee.com
Lead Magnet – content offered at no monetary charge in exchange for consent to receive commercial or marketing communications.
Newsletter – content provided at no monetary charge as part of a newsletter sent to the electronic contact address provided by the User.
Terms and Conditions – these Terms and Conditions, which set out the rules for the use of the Services.
Content – any information, text files, audio files, graphics files, software, code, features and other materials.
Services – online sharing of the Content and related products and services, such as the Newsletter and Lead Magnet, at occubee.com.
User – any person using the Services.
II. Preliminary provisions
- The Terms and Conditions set out the terms and conditions for the provision of the Services.
- As a condition of using the Services, the User must read and accept the Terms and Conditions.
- The Services are provided on the basis of a Contract concluded by and between the Administrator and the User based on the Terms and Conditions. The User agrees to abide by the provisionś of the Terms and Conditions and additional terms and conditions attached to individual Services.
- The provisions of the Terms and Conditions shall apply to the extent that they do not conflict with the provisions of the additional terms and conditions attached to individual Services.
III. Types and scope of the Services provided
- Based on the Contract concluded with the User, the Administrator provides the User with Services consisting in:
a) the ability to use the publicly available Content as part of the Services;
b) the ability to subscribe to the Newsletter;
c) the ability to use Lead Magnet Content.
- The detailed scope of the Services provided may be determined by additional terms and conditions attached to individual Services.
IV. Conclusion of the Contract
The User enters into a Contract for the provision of a particular Service by proceeding to use that Service. For some Services, this may involve filling in and submitting an appropriate form available as part of the Services and clicking on the activation link sent to the email address provided by the User.
V. Provision of the Services
- The Administrator undertakes to provide the Services with due diligence, under the terms and conditions specified in these Terms and Conditions.
- The Administrator reserves the right to temporarily interrupt or limit the availability of the Services due to technical or technological reasons (maintenance work), as well as in other justified cases.
- The Administrator may perform its obligations with the help of its Contractors, to which the User agrees.
VI. Intellectual property
- Content such as works, designations and trademarks made available as part of and for the provision of the Services is protected by law.
- The User is obliged to respect the intellectual property rights of the Administrator and its partners, which the Administrator holds on the basis of relevant permits.
- Some Services may allow the User to upload or share their own Content. The User warrants that the Content they upload through the Services will not violate the rights of third parties. The Administrator shall act as a hosting provider with respect to such Content. The Administrator reserves the right to remove the Content from a Service if it breaches the terms of the provision of the Services, violates the law or is deemed inappropriate.
- By submitting, sharing or publishing their Content as part of the Services, the User grants the Administrator a worldwide, non-exclusive, free-of-charge and indefinite authorization to use such Content, modify, reproduce, distribute, make it available to the public, and create derivative works based on it and use it to the above extent, with the possibility of granting further rights to third parties, in particular for the purpose of providing the Services, improving products and services, developing new products and services, and promoting the Administrator’s activities.
- In case of doubt, none of the terms and conditions of the Services provided should be interpreted as constituting the basis for granting the User any intellectual property rights. The Administrator reserves all the rights which were not expressly granted to the User. The Administrator shall have exclusive rights with respect to the Services, including all elements of the Services, know-how and other Content provided as part of the Services, including all intellectual property rights related thereto, with the exception of goods to which third parties have rights (in particular, those subject to open-source licenses).
VII. Terms and conditions of use of the Services
- All Content offered as part of the Services is intended for non-commercial use. The User may use this Content only for their own informational needs or other activities prescribed by law.
- The User shall comply with all applicable laws in connection with the use of the Services. It is prohibited for the User to provide Content of an unlawful nature.
- The User may not take any action involving:
a) modification, reproduction, distribution, public sharing of the Content or Services and creating derivative work based on them;
b) making attempts to recreate, decompile or disassemble the code;
c) gaining unauthorized access to our Content or Services;
d) accessing the Content or Services through automated means for collecting and processing data, such as robots or scrapers;
e) interfering with the proper functioning of the Services, in particular through actions that may impair or compromise the security, integrity or efficiency of the Services;
unless expressly authorized by the Administrator or permitted under applicable law.
VIII. Responsibility of the Administrator
- If the User is a consumer from the European Economic Area (EEA), the United Kingdom (UK) or Switzerland (CH), these provisions do not affect their rights and obligations under mandatory legal provisions. As part of our obligations to consumers, we will be liable for any non-conformity of the content or digital service with the Contract, if discovered:
a) in the case of one-time transactions, such as downloading an e-book – within 2 years from the delivery of the content or service or longer in accordance with applicable law;
b) in the case of delivery of digital content or services on a continuous basis, such as through subscriptions – at any time during the delivery of the content or service.
- The User acknowledges that the Services and Content are intended for informational purposes only and should not be the sole basis for making economic decisions. Accordingly, the Administrator and its partners shall not be liable for any damage, including losses, incurred in connection with the use of the Services and Content.
- The Administrator’s liability for damages incurred by the User in connection with the provision of the Services will be realized following the complaint procedure and is exhausted in the obligation to compensate.
- To the maximum extent permitted by applicable law, the offered Services and Content are provided on an “as is” basis, without any representations, warranties or guarantees. The Administrator, other Content providers and licensors do not make any warranties, guarantees or assurances (oral or written) and exclude all implied, statutory and other liability regimes in this regard, in particular as to warranty for physical and legal defects, arising from business practices, course of transactions, negotiations, including suitability for a specific purpose or to meet User’s requirements, satisfactory quality, title to products and non-infringement of third party rights. The Administrator, other Content providers and licensors do not warrant that the use or functioning of the Services will be secure, uninterrupted, free of malware or errors, or that the Services will function or operate in conjunction with any other product, software, or infrastructure.
- The total value of the Administrator’s liability for non-performance or improper performance of the Service, shall not exceed the sum of the amounts paid to the Administrator by the User in connection with the use of the Services during the 12 months preceding the occurrence of the violation, or the amount of EUR 50 (whichever is higher).
IX. Responsibility of the User
- The User is obliged to comply with the Terms and Conditions and refrain from any action that is illegal or may lead to a violation of the law in connection with the use of the Services.
- To the extent that the following claims or liability arise from or are related to a violation by the User in connection with the use of the Services of the rights of third parties, the provisions of the Contract concluded with the Administrator, the Terms and Conditions or applicable law, the User agrees to defend the Administrator and persons acting on its behalf against: (i) claims by third parties for infringement of their rights, particularly with respect to personal rights, protection of personal data, business secrets, copyrights, patents, industrial designs, trademarks, other intellectual property rights, (ii) liability for violation of legal order before public authorities, including international organizations. The User undertakes to compensate the Administrator and persons acting on its behalf for damages and costs of proceedings, including fees of legal advisors and experts, as well as imposed financial penalties, incurred in connection with the aforementioned claims or liability.
- If the User, in accordance with the mandatory provisions of law, cannot assume such an obligation, their liability in the above respect will be governed by the general rules.
X. Additional rules for EEA/UK/CH consumers
- If the User is an EEA/UK/CH consumer, they have the right to withdraw from a distance contract within 14 days of its conclusion, without having to give a reason. In order to exercise the right of withdrawal, the User must send us notice to the address given in Section 1 of these Terms and Conditions. The User may use the model withdrawal form attached to the Terms and Conditions for this purpose, but it is not mandatory. Withdrawal from the contract, however, does not relieve the User of the obligation to pay remuneration for services rendered until the withdrawal from the contract, in proportion to the extent of the services rendered.
- The right of withdrawal does not apply to digital content that is not delivered on a tangible medium, as well as services that have been fully performed, if performance has begun with the consumer’s consent, and the consumer confirms the waiver of their right of withdrawal in accordance with the relevant laws, while being asked to do so at the time of purchase.
- EEA/UK/CH consumers may also have the right to file a complaint regarding the conformity of the digital content or services offered with the Contract. The rules for exercising such rights are governed by the relevant laws, including Directive (EU) 2019/770. You may exercise your rights by notifying us at the address given in Section 1 of the Terms and Conditions.
- The specific conditions for exercising the rights provided for EEA/UK/CH consumers may vary depending on the type of Services provided. If you wish to exercise your rights, please contact us for further information.
- If the User is not satisfied with the way their case was resolved, as an EEA/UK/CH consumer they can use alternative dispute resolution (ADR), which is an out-of-court process conducted by an independent third party to help them reach an agreement. If the User is a consumer from the EEA, they can also use the European Commission’s online dispute resolution platform (ODR platform). The ODR platform provides an online tool that facilitates the resolution of disputes between consumers and online retailers. The ODR platform can be accessed at: https://ec.europa.eu/consumers/odr/main/
XI. Technical requirements and special risks
- In general, specific technical conditions are not required to use the Services. In most situations, it will be sufficient to have:
b) a stable connection to the Internet; and
c) an active e-mail account.
- Some Content may require the installation of additional standard software to play certain multimedia. For example, a suitable media player or file reader may be required to play DOC, PDF, MP4, MOV files.
- The offered Services are subject to the standard risks associated with online services, such as interference by third parties in the transmission of information, receipt of unsolicited commercial information (spam) or malware infection. The Administrator recommends that the User installs anti-virus and firewall software and updates the software regularly.
XII. Termination of the Contract
- The Contract for the provision of specified Services may be terminated:
a) as a result of the expiration of the period for which it was concluded (in the case of a fixed-term Contract); or
b) as a result of termination by the User or the Administrator; or
c) as a result of the occurrence of other circumstances specified by law or the Contract.
- Notwithstanding the above, the Administrator shall have the right to terminate the Contract with immediate effect if the User:
a) violates the provisions of the Contract (e.g., uses the Services in an unauthorized manner); or
b) violates generally applicable laws or the rights of third parties (e.g., violates the intellectual property rights of the Administrator or others); or
c) it is required by applicable law or it is necessary to protect the rights or interests of the Administrator or other persons (e.g., in connection with a decision issued by the competent authorities).
- In the cases referred to above, the termination of the Contract will, in principle, occur automatically at the time of the violation. The Administrator has the right to take additional actions, in particular by blocking the User’s access to the Service.
- In addition, the User may terminate the Contract at any time by notifying the Administrator at the address provided at the beginning of the Terms of Service. For some Services, the Administrator also provides a possibility to opt out via an interactive form available within the relevant Service.
- Upon termination of the Contract, the User will not be entitled to continue using the offered Content or Services. Termination of the Contract does not relieve the User from obligations incurred prior to termination, including the obligation to pay any remuneration in proportion to the duration of the Service.
- If certain Services are chargeable, the User shall be obliged to pay the fees for the Services provided in the amount and according to the terms and conditions specified in the Contract concluded with the Administrator, of which the User shall be expressly informed prior to its conclusion.
- In the case of Lead Magnet Services, if the User does not wish to consent to receive commercial or marketing communications, they may purchase the Content by paying the price individually determined by the Administrator. In order to use this option, the User should contact the Administrator.
- In the event that the User believes that there has been a failure to perform or improper performance of the Service, erroneous billing by the Administrator, or in the event of other objections to the Service, the User has the right to file a complaint.
- The complaint should include:
a) designation of the User;
b) the name and contact information of the person making the complaint;
c) specification of the subject matter of the complaint;
d) presentation of the circumstances justifying the complaint, i.e., as precise a description of the irregularities as possible, along with the time and place of their occurrence;
e) possible indication of the desired method of resolving the complaint.
- A complaint may be submitted in writing to the address given at the beginning of the Terms and Conditions or e-mailed to: firstname.lastname@example.org
- Each complaint will be processed as soon as possible, but no longer than 30 days from the date of its delivery to the Administrator. For EEA/UK/CH consumers, complaints will be processed within 14 days.
- The response to the complaint shall be provided in writing or e-mail, to the address indicated in the body of the complaint.
XV. Final provisions
- The transfer of rights or obligations under the Contract, including the transfer of receivables by the User to another entity, requires the prior written consent of the Administrator under pain of nullity.
- The Administrator may transfer the rights or obligations under the Contract in the event of reorganization, change of ownership structure or sale of all or a significant part of the assets related to the Services, without obtaining separate consent from the User.
- The Contract and the Terms and Conditions are governed by Polish law.
- The parties will attempt to resolve any disputes arising out of or related to the Contract amicably. If it is not possible to resolve the dispute amicably, the parties will submit the dispute for resolution by a Polish common court having jurisdiction over Administrator’s each and every current registered seat. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG), as well as any other similar provisions of terms and conditions of international transactions.
- In the case of EEA/UK/CH consumers, the laws of the country of the consumer’s habitual residence, which cannot be excluded by Contract, shall also apply. These Terms and Conditions do not deprive consumers of the protection afforded to them under such laws.
- The Service Provider reserves the right to: (i) implement new Services, or (ii) change the existing Services, amend the Terms and Conditions or additional terms and conditions of the Services, in particular for legal, organizational or technical reasons, such as:
a) adaptation of the Services to new technologies, business expectations or the market situation
b) adaptation of the Services to new legal provisions, case law, interpretation, the position of authorities or public expectations;
c) preventing the risk of abuse or harm, violation of laws or third-party rights, and ensuring security.
- The Administrator will notify the User of any changes by publishing the new terms and conditions on the website or using other appropriate communication channels. Continued use of the Services by the User will be considered as acceptance of the new terms and conditions.
- EEA/UK/CH consumers, in the event of a change in digital content or services that will adversely affect access to or use of such content or services, other than an insignificant change, have the right to terminate the Contract within 30 days from receiving the information or from the time such content or service is changed, whichever is later. This right shall not apply if the Administrator ensures that the User can retain such content or services without such change.
- Changing the URLs contained in the Contract or the Terms and Conditions, as well as the location of the content and further information or resources linked to the pages available at these URLs, shall not constitute a change in the terms and conditions. The parties will be bound by the terms and conditions as amended to reflect the aforementioned changes.
- Provisions, the nature of which implies that they are to apply even after the expiration or termination of the Contract, shall remain in effect after the expiration or termination of the Contract for any reason.
- In the event that any of the provisions of the Terms and Conditions or the applicable Contract, by operation of law or by a final or final judgment of any authority or court, is declared invalid or ineffective, the remaining provisions shall remain in full force and effect. The invalid or ineffective provisions shall immediately be replaced by provisions that are valid under the law and fully effective, which shall produce legal effects that provide as close as possible to the original economic and image benefits for each party.
- The Terms and Conditions have been drawn up in Polish and translated into other languages available on the website. In case of discrepancies, the Polish version shall be binding.
- The current version of the Terms and Conditions supersedes all previous versions.