Terms & Conditions

§ 1 General Provisions

1. The Owner and the Operator of the Platform named PLANBY is NESSPRIM KAROL KOZER based in Warsaw, ul. Zwycięzców 4a/15, 03-941 Warsaw, REGON: 385141742, NIP: 1133008521.
2. In every matter related to the functioning of the Platform, the User is asked to contact electronically via e-mail address: contact@planby.app.
3. These terms and conditions are addressed to Users using the Platform.
4. These terms and conditions are specified in particular:
   • type and scope of services provided electronically,
   • terms and conditions of Services provided electronically, including the technical requirements necessary for cooperation with the ICT system used by the Operator,
   • conditions for conclusion and termination of the Service Agreement,
   • conditions for conclusion of the Service Agreement,
   • complaint procedure.
5. Each User who uses the Platform is obliged to familiarise themselves with these Terms and Conditions and comply with its provisions. The condition to use the Platform is the acceptance of these Terms and Conditions.
6. Each User is obliged to comply with rules of social coexistence, and generally applicable social standards, and to respect the good name and legal interest of the Operator and other Users. All activities that result in infringement of copyrights to the content published on the Platform and to the content available through the Platform are prohibited.
7. The Operator reserves the right to delete the Account or temporarily block Services and the possibility of using the content uploaded on the Platform for Users who violate or do not respect the provisions of the Terms and Conditions, and also infringe in any way the interests of the Operator or other Users.
8. The Platform is dedicated to companies. Other Users may use the Platform to a limited extent, in particular, to find out about the Operator's Services.

§ 2 Definitions

The following expressions have the following meaning:

• Cookies – means text files placed by the server on the User's end device, through which the User uses the website.
• Personal Data – means any information relating to an identified or identifiable natural person.
• Registration Form – means the interactive form available on the Platform, enabling the creation of an account.
• Civil Code – means the Act of 23 April 1964 Civil Code.
• Account – means an individualised collection of ICT resources, allowing the Company to use the Platform.
• Materials – means text, photos, graphics, datasheets, logos, trade names, and slogans made available on the Platform.
• Membership subscription offer – means an offer to purchase a specific type of Membership.
• Subscription period – period of time during which the paid Services are made available.
• Subscription fee – a periodic payment charged by the Operator.
• Membership – a Membership of paid Services selected and ordered by the User.
• Platform – means online platform available at https://planby.app.
• Privacy Policy – means a document containing information about the scope of data processing.
• Company – means an entity that has an account and uses Services provided by the Operator.
• Terms and Conditions – means these Terms and Conditions.
• Service Agreement – means a contract for the provision of electronic services.
• Service – means the services provided electronically by the Operator.
• User – means the Company's representative that has an account.
• Renewal Date – date of automatically renew on an annual or monthly basis.

§ 3 Basic conditions of using the Platform

1. The Platform allows Company to use a React.js based component that lets implement especially Client's schedule, EPG, live streaming timelines, schedules, music events or timelines.
2. The Operator uses “Cookies” files which are saved by the Operator's server on the hard disk of the User's end device.
3. To use the Platform it is necessary for Users to have an active company email, account, device with internet access, and supported browsers (Firefox, Chrome, Safari, Edge in latest versions).
4. The Platform is responsive and dynamically adapts to every screen resolution.
5. The Operator is not a provider of data transmission services.
6. The Operator will make every effort to ensure data transmission security.
7. Users should use appropriate technical measures including antivirus programs.
8. The Operator shall not be liable for technical problems in the User's hardware.
9. Some functionalities may be temporarily unavailable during maintenance.
10. The Platform may contain hyperlinks to third party websites.
11. The Platform is available 24 hours per day, 7 days a week.

§ 4 Services provided by the Operator

1. Services are provided according to these Terms and Conditions.
2. The Platform allows to: contact the Operator, register and open an account, use search engine, create and manage profiles, use React.js component.
3. Services include: Account Service, Newsletter Service, and Membership.
4. Detailed descriptions of services are available on the Platform.

§ 5 Packages

1. The Operator offers: Solo, PRO, Enterprise, PRO Native Beta and Custom packages.
2. Specifications are available at https://planby.app.

§ 6 Account

1. Registration requires opening an Account. Registration is free.
2. The User has the right to possess only one active Account.
3. Users can share inventory on the Platform.
4. Registration requires completing the Registration form.
5. Required data includes: company name, contact person name, email, website, Tax ID, and country.
6. Registration requires acceptance of Terms and Conditions.
7. A confirmation message will be sent after registration.
8. Custom package users will be contacted within 72 hours.
9. Users must provide true and accurate data.
10. Payment methods can be added through authorized vendors.
11. Recurring charges will be authorized until cancellation.
12. Email address is used for all correspondence.
13. Account Service Agreement is concluded upon confirmation.
14. Agreement is for indefinite period unless otherwise stated.
15. Users can delete Account anytime via contact@planby.app.
16. Termination during Subscription Period takes effect at period end.
17. Users must keep passwords secure.
18. Users must update any changed data.
19. Operator can delete or block Accounts for violations.
20. No refunds for blocked accounts due to violations.

§ 7 Trial Period

1. 5-day trial period applies to PRO, PRO SaaS and Custom packages after registration.
2. Valid payment method required but not charged during trial.
3. Charges begin after trial unless cancelled.
4. Contact Operator to unblock account after trial termination.

§ 8 Membership Agreement

1. Information on Platform is invitation to conclude agreement.
2. Acceptance via email and payment concludes agreement.
3. Users declare acceptance of Terms and Conditions.
4. Confirmation email sent with agreement details.
5. Agreement automatically renews annually or monthly.
6. Amendments must be in writing unless agreed otherwise.
7. Data secured via email.
8. Membership Agreement prevails over Terms in case of discrepancies.
9. Payment activates Membership and Account access.
10. Subscription Period starts from Account access date.
11. Functionalities depend on purchased Membership.
12. Article 66(1) of Civil Code is excluded.

§ 9 Payments

1. Services are payable per price list at https://planby.app.
2. Membership valid for one month or 12 months.
3. Subscription Fee paid in advance for entire period.
4. Payment via authorized payment vendors.
5. New period starts day after previous period ends.
6. Account blocked if payment not made for next period.
7. VAT invoices issued electronically in PDF format.

§ 10 Complaints regarding services

1. Report complaints to contact@planby.app.
2. Confirmation sent to registered email.
3. Include name, email, device details, and problem description.
4. Complaints considered immediately.
5. User informed via email about resolution.
6. Supplementary information may be requested.
7. Justified complaints may result in subscription extension.
8. Third-party complaints submitted directly to those parties.

§ 11 Obligations of the User

1. Users must use Platform according to applicable law and Terms.
2. Prohibited activities include: providing illegal content, disrupting Platform, publishing unauthorized materials, promoting hatred, spamming, web scraping, and interfering with Platform operations.
3. Report violations immediately to contact@planby.app.
4. No interference with Platform content or appearance.
5. Operator may claim damages for violations.
6. Web scraping tools are not allowed.

§ 12 Responsibility of the Operator

1. Users use Platform voluntarily.
2. Operator not liable for damages from Platform use or unavailability.
3. Not liable for device malfunctions or technical requirement non-compliance.
4. Liability limited to actual damage, not lost profits, up to fees paid.
5. No guarantee of error-free or uninterrupted operation.
6. Not liable for: Terms violations, unauthorized access, technical limitations, data loss, viruses, delays, or quality issues.
7. 99% service availability except during maintenance (7-day notice).
8. No guarantees about accuracy or availability of content.

§ 13 Copyrights

1. Operator has all intellectual property rights to Platform.
2. Program, interface, and all elements are copyright protected.
3. Non-exclusive, non-transferable license granted to Users.
4. Users may not reproduce, sell, or distribute Platform.
5. Users must have rights to all materials they provide.
6. Users grant Operator license to use Materials for Platform operation, including: storage, display, reproduction, dissemination, adaptation, and derivative works.
7. Custom Package includes additional usage rights.
8. Users retain personal rights to Materials.
9. Operator will disclose infringing User information upon court request.
10. Company reimburses Operator for third-party infringement claims.
11. Materials may be marked with digital watermark.
12. Platform is protected database; systematic downloading prohibited.

§ 14 Termination of the Agreement

1. Termination notice sent to contact@planby.app.
2. Operator confirms receipt via email.
3. Pro-rated refund for early termination.
4. Immediate termination by Operator for: Terms violations, false data, or actions harming Operator.
5. No refund for Operator termination due to violations.
6. Operator may terminate with 14-day notice without reason.

§ 15 Data privacy protection

Detailed information related to collecting and processing personal data is available in the Privacy Policy at https://planby.app/privacy.

§ 16 Amendments to the Terms and Conditions

1. Operator may amend Terms for legal, technical, security, or functional reasons.
2. 14-day notice period before amendments take effect.
3. Users can accept or refuse amendments.
4. Refusal results in termination within one month.
5. Silence deemed acceptance after deadline.
6. Immediate amendments allowed for legal obligations or security threats.

§ 17 Dispute Resolution

1. Polish law and jurisdiction applies.
2. Disputes settled amicably first.
3. Court jurisdiction over Operator's seat.

§ 18 Final Provisions

1. Polish law applies including Civil Code and related acts.
2. Users cannot transfer rights without written consent.
3. Invalid provisions replaced with valid similar provisions.