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This Terms of Service (“ToS”) for electronically supplied service by means of a WEB Application by Shopstory sp. z o.o.
Customer - a natural person, legal person or any other legal entity that entered intocontract with the Shopstory and is a registered user of the Application.
Customer's Website – the website operated by the Customer.
Shopstory/Application – a service consisting of a multitude of functionalities alongside with software, produced by the Shopstory sp. z o.o. that includes Services in currentoffer of the Shopstory, Shopstory is a visual page builder that is installed as an app tothe Contentful CMS.
Shopstory – Shopstory sp. z oo.with its registered office Jaśkowa Dolina 31/20 Street, 80-282 Gdansk, Poland which owns and operates Service and Application.
Consumer – natural person that buys Services for consumption and not to resale or for commercial purposes.
Data – information provided by Google relates to information about the Customer's Website, its subpages and the scope of availability of the subpages of the Customer's Website in the Google search system.
Functionality – a set of functions and possibilities within the software,
Force Majeure - an event, or a series of related events, that is outside the reasonable control of the party affected,
Google - Google Inc. owner of the world's largest search engine available at https://www.google.com/,
Price List – price for Services and access to the Application available via e-mail requestor contact with Shopstory representatives;
Report - a document generated through the Application using access to Data provided by a Google containing content that is current as of the date and hour the Report was generated,
Services - refer to functionalities, their sets, services and their sets, software and other services that are parts of Application that have been labelled as such by the Shopstory for the purposes of ToS and/or commercial offer, labelled in accordance with the Shopstory 's autonomic labelling system, whenever in the ToS a Service is referred, it shall apply to all the Services covered by Shopstory,
Website – internet site hosted by the Shopstory, regarding Shopstory accessible under the address Shopstory,
Working Days – days from Monday to Friday, excluding days stated as holidays by the Law, as well as additional extra free days stated by the Shopstory in accordance with the internal labour law regulations.
ToS regulates legal relationship between Customer and Shopstory, including use of Application. Parties create legally binding obligations and hereby shall examine its provisions prior to receiving an access to the Application.
Shopstory provides the visual page builder that could be installed as an app to the Contentful CMS
The Customer is solely responsible for ensuring that the service is appropriate and suitable for its needs. The Customer agrees that Shopstory does not warrant that any particular result will be achieved, achievable or achieved by any given date as result of using the Application. Shopstory does not warrant that the Customer’s use of the Services will be uninterrupted or error-free.
Shopstory shall decide on the choice of materials/information/data, which shall be included in the Application, the arrangement and the direction of the changes and development as well as on the scope of actualization. The team of persons creating Application and developing the system may be changed. Shopstory is entitled to grant a license or sublicense for usage of Application within the scope stated in ToS, in accordance to any of the Services status, including the source of data or database. In ToS both license and sublicense shall be defined as license, without the distinction.
Application may be modified. Only one actual version of the product is available on the Internet, which is subject to Agreement. Previous versions are not presented online.
Shopstory reserves and the Customer accepts the unavailability of Application for the time required to (i) make necessary amendments, including actualization of any information within the software, (ii) the maintenance and testing by the Shopstory.
In the above mentioned situation, the Shopstory shall provide the Customer the information about the reasons for the unavailability
Shopstory has no control and is not responsible for unavailability of Application and/or its faulty performance caused by the performance of systems not administered byShopstory and required to provide and use Shopstory, including any actions of entities providing Internet access or in cases of Force Majeure.
The periods of unavailability have no effect on the possible payment/subscription period.
Shopstory does not provide Customer with Internet access nor covers the costs of such access or any fees required by suppliers of internet access.
Shopstory reserves the right to make visual or functional modifications to the Application from time to time for the purpose of maintaining or improving security, ensuring optimal performance, meeting standard industry business requirements, and adding or improving functionality. Shopstory reserves the right to make such changes without prior notification to Customer. No such change will materially reduce the functionality of the Application.
The Customer wishing to use the Service and Application shall place an order via e-mail request at the address provided on the Website or when a Website provides such an option create an account on the Website and place an order through the account.
The Customer wishing to use the Service and Application shall indicate a valid e-mail address. When it is not available to create an account, the e-mail address is the primary means of communication between the Customer and Shopstory. It is Customer’s responsibility to check the e-mail. Shopstory is not liable for any email delivery difficulties due to the configuration of the mail servers.
Shopstory would grant the access to the Application to the Customer. Should the Customer require more than one account, Shopstory would inform the Customer about the costs and conditions in regard to each account. When a Website provides such an option, the Customer shall create only one account. Before Customer begins using the Application, he must accept those ToS.
Shopstory does not allow the sending of automated queries of any sort to the Application or Website without express permission in advance from Shopstory. Shopstory does not allow any practices that may endanger the stability of the Application or Website. Detected infringements may result in termination of access to the Services until the matter is resolved and the malicious activity ceases.
After the offer placed via e-mail is agreed on by the Parties, alongside with the payment terms, Customer would provide Shopstory with all necessary information that would enable installation and configuration of the Application in the existing Customer’s CMS.
Shopstory will provide Customer with passwords and other credentials required to enable access to the Application
Each Party will maintain commercially reasonable administrative, physical and technical safeguards designed to help protect the security of its internal networks from malicious activity and to provide for the privacy, confidentiality and integrity thereof. Neither Party is liable for breaches of security caused by the other Party’s failure to secure its networks or any access information, including login credentials and passwords. Customer will ensure that will not introduce any malicious software into the Application or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, would cause Application to be destroyed, damaged, or rendered inoperable.
Customer is solely responsible for maintaining the security and confidentiality of User’s login information and credentials for its subscription to the Application and is responsible for any use of the Application utilizing such information and credentials. Login credentials and passwords are assigned on a named user basis and may not be shared by multiple individuals.
Customer will pay Shopstory the fees set forth in the Price List.
Any prices stated in the Price List are net prices, with any applicable taxes and duties paid on top of the presented Price, calculated on the basis of the country or state of the Customer’s registered offices.
The fee will be increased by VAT at the applicable rate, and the Parties will take all actions aimed at obtaining the lowest possible VAT rate, including the submission of certificates of residence, and in the case of intra-Community provision of services, registration for EU VAT purposes. A Party which failed to fulfil these obligations willbe obliged to settle VAT.
Fees will be payable in monthly periods, each time on the basis of a VAT invoice correctly issued by Shopstory within 3 days following the end of the given period to which the fee applies. The remuneration will be payable to Shopstory’s bank account within the period of 7 days following the delivery of the VAT invoice to the Customer.
The Services are granted to the Customer only after the due fee has been paid.
Shopstory reserves the right to deny access to the Services and Application until is due fees are paid alongside with statutory interest. The Customer shall be given back the access to the Services and Application– if he/she pays the delayed payment alongside with the statutory interest.
Placing and paying for an order is equivalent to entering into a contract with Shopstory.
Shopstory may include various methods of payment for the Services, with the Customers’ choice, including but not limiting to credit card, bank transfer, Stripe or other financial services. Shopstory would inform the Customer about the possible means of payment.
Consumers within European Union lose their right of withdrawal from the contract within 14 days once the streaming of the digital content provided by Services has begun.
Application, including Services and Software, are subject to the Shopstory's intellectual property rights.
The Application, Services and other contents are offered to Customer „as is", the Shopstory is not liable for or does not provide any guarantee as to accuracy, completeness, or liability thereof.
Shopstory owns all right, title, and interest in and to:
the Application (and any and all developments, modifications, and derivative works of the Application),
any improvements, modifications, suggestions, work product, concepts, inventions, information, drawings, designs, programs, or software whether developed by Shopstory, Customer, either alone or with others,
any materials provided by Shopstory to Customer with respect to the Application and concerning its operation, including but not limited to any documentation, software (whether in object code or source code form), proprietary data, or other proprietary information developed or provided by Shopstory or its suppliers, such as text, graphics (including the underlying web-presentation code of the Application), logos, button icons, images, and any non-public know-how, methodologies, equipment, or processes used by Shopstory to provide the Application to Customer, and
all patents, copyrights, moral rights, trademarks, trade secrets, and any other form of intellectual property rights recognized in any jurisdiction, including Application s and registrations for any of the foregoing,(collectively “Shopstory Property”).
Those ToS are not an agreement of sale, and no title, patent, copyright, trademark, trade secret, intellectual property, or other ownership rights to any Shopstory Property is transferred to Customer
Shopstory hereby grants to Customer a limited, non-exclusive, non-transferable license to use Shopstory Property for the Customer’s use of the Application and solely for purposes of the using of the Application in accordance with the terms of this ToS. Any Shopstory Property related to Application will be deemed to constitute part of the Application and will be subject to all terms and provisions set forth in this Agreement or otherwise applicable to the Application, including terms and provisions related to use rights and restrictions, ownership and distribution of the Application.
Customer may print, copy and internally distribute program documentation, user manuals, product technical manuals and other information (either provided by Shopstory or made available by Shopstory online) describing the operation and use of the Application if and as available (the “Documentation”), provided, that Customer replicates all copyright and other proprietary rights notices contained in the original copy of the Documentation. Any Documentation and any copies made are the property and Confidential Information of Shopstory.
The Application constitutes protected copyrighted material and valuable trade secrets of Shopstory . Accordingly, Customer will not:
authorize or permit use of the Application or Documentation by other persons,
sublicense, lease, rent, loan or otherwise transfer to any third party the right to access and use the Application,
use or access the Application for the purpose of building a competitive product,
copy, frame, modify or create any derivative works of the Application (or any component, part, feature, function, user interface, or graphic thereof) or Documentation, except with the prior written consent of Shopstory or to the extent such restriction is prohibited by applicable law,
decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Application is compiled or interpreted,
use the Application as part of a time-share, cloud services or service bureau or on a hosted basis for its own ASP or SAAS offerings,
perform or disclose any benchmark or performance tests of the Application without Shopstory's prior written consent,
perform or disclose any security testing of the Application or associated infrastructure without Shopstory prior written consent including, but not limited to, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing,
remove or modify any program markings or any notice of Shopstory s’ or its licensors’ proprietary rights,
use the Application in violation of applicable laws,
send or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights
send or store malicious code in connection with the Application,
interfere with or disrupt performance of the Application or the data contained therein,
attempt to gain access to the Application or its related systems or networks in a manner not set forth in the applicable Documentation.
Customer consents to Shopstory’s use (for marketing and promotion purposes) of:
trademarks and trade names which the Customer uses and to which it is entitled, including the Customer’s logo and logotype; this is tantamount to the use of these trademarks and trade names;
basic data on the scope of services provided by Shopstory for the benefit of the client (to build a case study). in particular, in the following scope:
in publications regarding Shopstory's activity, including on Shopstory’s websites;
in internal analyses and materials developed by Shopstory;
in offers and presentations prepared for Shopstory’s clients;
in Shopstory's advertising publications associated with Shopstory’s activity;
in case studies.
As between Customer and Shopstory, Customer owns all right, title, and interest to the specific data and information about the Customer, it’s operations employees submitted, processed, or stored by Customer using the Application (the “Customer Data”).
Customer is solely responsible for the accuracy and quality of the Customer Data. Customer is responsible for updating its own Customer Data.
Customer hereby grants to Shopstory a perpetual, irrevocable, non-exclusive,royalty-free, worldwide, transferable license to use, copy, reproduce, adapt, combinewith other data, edit and re-format, generate, store, disclose, distribute, maintain adatabase of, and make derivative works based upon, any and all Customer Dataexchanged under this Agreement to improve the Services.
Shopstory owns all the information, data, documents and any other output results generated by queries, data feeds, and any use of and access to the Application by Customer (collectively “Results”) to provide and improve the Application, and owns all de-identified, aggregated forms of Customer Data and/or Results as part of Shopstory's services offerings to Customer and other customers. Shopstory will have no responsibility for any decisions made on the basis of Results or for completeness or accuracy of the Results or for their usefulness for Customer’s purposes.
Shopstory declares that it will make reasonable efforts to protect the Customer's data against unauthorized access.
A Customer is entitled to submit complaints regarding provided Services. Complaints may be submitted in a written form to the Shopstory ’s address or in an electronic form to the Shopstory ’s email address: firstname.lastname@example.org
Shopstory does not offer telephone support
In a complaint, the Customer should specify the reason for the complaint and the scope of activities the Customer expects from Shopstory.
Complaints shall be considered within 30 days from the date of receipt by the Shopstory. Shopstory shall inform the Customer about the settlement of the complaint by sending an email to the Customer’s email address.
In case of recognizing the complaint, Shopstory shall perform activities aimed at remedying the state constituting base for the complaint or shall explain the reasons for refusal to recognize the complaint.
These ToS shall be effective upon start of the Service and remain so as long as the Customer receives the Service. In cases where the Service is offered as a free trial, the Service free trial period will automatically terminate if the Customer fails to communicate payment details to Shopstory despite the notification from Shopstory towards end of the period.
Continuity of the Service is at the discretion of Shopstory, who may suspend or terminate them anytime it wishes. In the event of termination of the agreement, Shopstory will complete Orders placed prior to the date of termination. Each Party has the right to terminate the Service(s) and/or these ToS any time. In such an event, neither Party may claim anything from the other party except their receivables accruing during the Service
The above does not apply if Shopstory provides the possibility to create an account and subscribing to Services, and the Customer benefits from this option. In such a case both parties may terminate the agreement in accordance with the notice periods indicated on the Website
Termination shall be through performance of relevant Service termination actions inthe Application. Termination shall be effective upon communication by Shopstory ofthe confirmation of termination through the Application or e-mail
In the event that the Customer acts in breach of these ToS, its annexes or its regulatory obligations and fails to remedy such breach within 5 (five) days from receipt of the related notice, Shopstory shall become entitled to terminate the Service partially or completely. At its discretion, Shopstory may partially or completely suspend the Service within said period or until remedy of said breach
Shopstory may terminate these ToS and the Service in the event that the Customer fails to settle due fees, becomes insolvent voluntarily or involuntarily, becomes bankrupt or postpones bankruptcy, or becomes subject to assignment of trustee, composition with creditors or similar procedures, or ceases its operations permanently or switches to a materially different area of operation, or disposes of its assets wholly or substantially.
Upon termination of the Customer’s account:
The Customer must immediately settle all due fees and fees incurred up through the effective date of termination.
Shopstory may permanently delete the Customer’s Account, including all information and data it contains
Provisions in these Terms that by their nature are intended to survive termination of these Terms, will so survive, including the following sections: Fees, License, Customer Data, Limitations on Damages, Personal Data Protection, Final Provisions.
In case where the Service has been suspended or terminated as set forth under the ToS, the Customer may not claim any damages, such as indemnity, loss of profit, loss of customers etc. In the event that the Service or the ToS are terminated for a reason attributable to the Customer, no amount paid in advance by the Customer shall be refundable.
In no event will Shopstory, its suppliers, shareholders, officers, employees or agents beliable for any lost profits, indirect, incidental, special, punitive or consequential damages, including damages arising out of this agreement or the use of or reliance upon the services or products, even if it has not been advised of the possibility of such damages. Under no circumstances will company’s total liability of any kind arising out of or related to this agreement and use of the services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amount paid by the Customer during the one-month period prior to such claim arising. The parties agree that this section shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy.
Shopstory will not be liable to the Customer or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from:
The use, disclosure, or display of the Data contents
The inability to use the Service,
Any modification, price change, suspension, or discontinuance of the Service,
The Service generally or the software or systems that make the Service available,
Unauthorized access to or alterations of the Customer’s transmissions or data
Statements or conduct of any third party on the Service.
Shopstory will not be liable for or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Shopstory ’s reasonable control.
Data implemented by the Customer into Application or login site during the Contract, belongs to the Customer, even after termination, expiry or dissolution of Contract in any way. Among said data there might be some information that is considered personal data on the basis of GDPR.
By placing an order for a Report, the Customer agrees to be contacted by Shopstory at the given email address in order to provide the necessary data.
The Shopstory is the administrator of personal data provided by the Customer in order to enter the Contract:
name, surname, e-mail address, phone number, WEBSITE address, registered office address, payment data – for the Customer being natural person
name, surname, e-mail address, phone number, address – for a natural person presented as a contact person by the Customer
names, surnames and e-mail addresses of the Customer and end-users, as well as the information about logging in to Shopstory and ways of using software i.e. frequency of usage of certain modules.
The Shopstory processes said data only within the provisions of Law, and only in circumstances where at least one of the conditions is met:
Processing is required to execute the Contract, and the Customer or a person providing data is a party thereof, or to commence any actions at that persons request in the scope of: name, surname, address of the Customer, phone number and e-mail of the Customer or the Administrator, data related to fees on the basis of the Contract, login data and user data of Application in order to secure safety and accessibility of application and its development,
Processing is necessary to fulfil legal obligations resting on the Shopstory as data administrator
A person concerning data has consented to processing their personal data for one or more specified goals, while processing on this base is only performer after prior consent from said person in accordance with the law, especially for e-mail or phone marketing
Processing is necessary for the reasons resulting from legally justifiable interests held by the Shopstory as a data administrator, especially within the scope of claim reclamation or direct marketing.
This Agreement shall be governed by and construed in accordance with the laws of Poland. The Parties hereby submit to the exclusive jurisdiction of the courts located in Poland in case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.
The Shopstory may at any time change the name Shopstory and/or names of Services and any other names included into ToS to other names, as well as change phone numbers, website address and to send new contact information to the e-mail address provided by the Customer. Said changes are not changes to ToS or the Contract.
The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof, are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral, and may be amended or modified only by an instrument in writing signed by both parties.
If any provision of the Terms shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and ofthe remaining provisions of the terms shall not be impaired. The Terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.
This ToS is available on the domain Shopstory.app. A Customer may also download the content of the ToS from the abovementioned domain and save it on the Customer’s data carrier.