REGULATIONS - Data Octopus | Feed management & Data warehouse for e-commerce

REGULATIONS OF THE WEBSITE dataoctopus.io

AND THE PROVISION OF Data Octopus SERVICES

*these regulations are valid from […] (link to the previous version of the regulations -> LOOK)

These Regulations define the general terms and conditions for concluding contracts for the provision of services and for the implementation of services within the dataoctopus.io website and define the general terms and conditions for the implementation of other services of Data Octopus sp. z o.o. with its registered office in Kraków.

1 GENERAL PROVISIONS

Unless expressly stated otherwise, these Regulations define the general terms and conditions and rules for the provision of Services on the Website, as well as for the provision of other Services of Data Octopus sp. z o.o. with its registered office in Kraków, including in particular the general terms and conditions for the provision of Services consisting in making available to Customers a part of the Website integrated with specific tools and the Data Octopus application.
The Service Provider is Data Octopus, a limited liability company, with its registered office in Kraków, at 8A Wadowicka Street, 30-415 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under the KRS number: 0001010501, Tax Identification Number (NIP): 6793256417, National Business Registry Number (REGON): 524025419, with the share capital of PLN 10,500.00, being the provider of the Data Octopus platform, hereinafter referred to as the Provider.
Contact with the Supplier may be made via:

traditional mail sent to the following address: ul. Wadowicka 8A, 30-415 Kraków
electronic mail (e-mail), at the following address:hello@dataoctopus.io.
contact form available on the Website.

The Provider may also provide other forms of contact on the Website, including interactive chat.
The services offered by the Provider are directed exclusively to Entrepreneurs within the meaning of § 2 point 6 of the Regulations.
The Provider informs that the Website is not an online trading platform within the meaning of the Act of 30 May 2014 on consumer rights, and the Provider does not provide online intermediation services within the meaning of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services.

2 DEFINITIONS

The terms used in these Regulations mean:

Octopus Data/Service/Website– an online platform for the e-commerce industry, available at: dataoctopus.io, through which the Provider provides the Services regulated by this document;
Client – the entrepreneur who has accepted the Terms and Conditions and the Privacy Policy, for whom the Services are provided. For the avoidance of doubt, unless otherwise stated or the context indicates otherwise, all provisions of the Terms and Conditions relating to the User shall apply directly to the Client;
Online store– an internet service operated by the Client, available under a specific domain, through which the Client conducts e-commerce activities.
User– an employee of the Client or other natural person acting on their behalf who has obtained valid and effective authorization from the Client (in any form accepted by the Client) to use the Website, including to undertake actual or legal actions within it. The User acts within the limits of their authorization and is responsible for their actions towards the Client. All actions undertaken by the User on the Website are deemed to have been performed in the name and on behalf of the Client, and the consequences of such actions are the responsibility of the Client. All provisions of these Terms and Conditions relating to the Client apply to each User who has access to the Account.
Visitors –a natural person visiting the Data Octopus website and becoming familiar with the publicly available content or using other publicly available functionalities in accordance with these Terms and Conditions;
Entrepreneur– A User or Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code. An entrepreneur in this sense is not a natural person concluding an Agreement directly related to their business activity, when the content of this Agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available under the provisions of the Central Register and Information on Business Activity, who exercises the rights granted to consumers under the Civil Code and the Act of 30 May 2014 on Consumer Rights;
Pages– Customer and Supplier jointly;
Demo – a meeting with the Entrepreneur, during which the Supplier presents exemplary or selected (as selected by the Supplier) Data Octopus capabilities;
Access – a set of specific services, functionalities, resources or tools offered by Data Octopus to which the User gains access under the selected Subscription Plan and the Account created for him;
Subscription Plan/Subscription– the paid option for Access to the DataOctopus platform selected by the Client. This option specifies the specific services, features, resources, and tools that the Client receives for a fee through active access to their Account and the purchased Plan;
Account/Customer Account– a separate part of Data Octopus allocated to the Customer, through which he/she uses Access within the framework and scope of his/her Subscription Plan;
Subaccount– access created by the Customer within his Account for a designated User, enabling the use of selected functionalities of the System within the scope of his Subscription Plan.
Contact form– an interactive electronic form available on the Website, enabling the Customer or Visitor to submit an inquiry or message to the Supplier.
Order form– an interactive electronic form available on the Website at https://dataoctopus.io/pl/order, used by the Customer to select and order a specific Subscription Plan or Service and to provide data necessary to provide services, including the Customer’s identification and contact data.
Working days– days from Monday to Friday, excluding public holidays within the meaning of the provisions of generally applicable law in Poland;
Privacy Policy– a separate document available at Data Octopus specifying the principles of personal data processing by the Supplier;
Cookie Policy– a separate document available at Data Octopus specifying the rules for the use of online identifiers – cookies – on the Website;
Civil Code– Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2025, item 1071);
Statute– this document.

3 TECHNICAL REQUIREMENTS, GENERAL RULES FOR USING DATA OCTOPUS

In order to use the Website, the User must meet the following minimum technical requirements:
1. have an end device (computer or mobile device) with Internet access;
2. have access to the latest version of a web browser, unless otherwise indicated on the Website;
3. enable Cookies and Javascript in your web browser.
Additionally, in order to obtain Access under the Subscription Plan ordered by the Customer, the User must have access to active electronic mail (e-mail).
Using Services provided electronically may pose a risk to every Internet user, including the possibility of malicious software being introduced into their IT system or unauthorized persons obtaining and modifying their data. To avoid these risks and threats, every User should use appropriate technical measures to minimize these risks, such as antivirus software or a firewall.
The Website may use cookies or other online identifiers. The rules for using cookies are set forth in the Cookie Policy available on the Website.
Each User using the Website is obliged in particular to:
1. use the Website in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet, principles of good manners and in a manner that does not threaten the personal rights and rights of any third parties or other rights and the legitimate interests of the Provider;
2. not providing or transmitting illegal content – prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties;
3. use the Website in a manner consistent with its intended purpose and not interfering with its functioning, in particular through the use of specific software, devices or methods.

4 GENERAL RULES FOR THE IMPLEMENTATION OF PUBLICLY AVAILABLE SERVICES OF THE WEBSITE, NEWSLETTER

Use of the main and core Data Octopus Services and functionalities is subject to a fee and requires an active Subscription Plan. Customers gain access through a dedicated Customer Account.
All declarations of intent made via devices and means of communication assigned to the Customer or under his control (in particular telephone numbers, e-mail address) are deemed to originate from the Customer and have effect within the framework of the relationship between the Customer and the Supplier.
The Customer declares that each User with Access is authorized to take all actions on the Website, including, in particular, placing orders and making other binding declarations of intent on behalf of and for the Customer. The Customer acknowledges and accepts that all actions performed by Users on the Website have direct legal effects on the Customer, as if they had been performed personally by the Customer.
Data Octopus also has a publicly accessible section where Website Visitors can:
1. become familiar with content presented in a publicly accessible manner;
2. subscribe to the Newsletter.
Unless otherwise indicated on the Website, the Services and functionalities referred to in paragraph 3 above are provided free of charge.
The Provider may present on the Website, in a publicly accessible manner, content of its choice, including advertising content on the Website regarding the services offered as well as goods and services of third parties.
The Provider hereby states that if advertising content is presented on the Website, unless expressly stated otherwise, such content does not constitute an offer within the meaning of the Civil Code. Use of such offers or services is not part of the Website, and their terms are determined by the relevant third parties.
The service of browsing and searching for content is provided for a specified period of time – until the User closes the Website pages.
Visitors may use the mechanisms provided on the Website to subscribe to the Newsletter – i.e., information and content, particularly of an advertising or commercial nature, sent to the email address or telephone number provided by the User. Content sent as part of the Newsletter may constitute digital content or digital services.
Newsletter subscriptions or other digital content or services, as described in Section 8 above, may also be made available by the Provider on a temporary basis. These options may be made available by the Provider both free of charge and for a fee. In the latter case, the price and payment methods will be indicated on the Website each time.
Commercial information ordered by the Visitor is delivered according to the User’s choice – in the form of messages sent to the e-mail address (e-mail) provided by him or her or in the form of SMS messages to the telephone number provided by the Visitor.
The Visitor may also consent to the sending of the Newsletter or other provision of digital content or services by an entity or entities other than the Provider – in accordance with his/her choice and the information presented on the Website.
The Visitor may at any time withdraw consent to receiving the Newsletter, other content or digital service.
Unless otherwise indicated on the Website, the services of sending the Newsletter, other content or digital service are provided for an indefinite period – until the Visitor withdraws the consent to their further implementation or the Provider ceases to provide it.
Visitors can also use the dedicated contact form available on the Website, which allows them to contact the Provider to arrange a Demo. To do this, the Visitor completes the contact form fields marked as required. Further contact will be made in accordance with the information presented on the Website.
The Provider may also temporarily or permanently make other publicly available functionalities available – including those enabling contact with the Provider.
In the case of all forms and functionalities enabling contact or establishing contact – unless otherwise indicated on the Website – the Service is provided for a specified period of time until the Visitor or User sends a message using such a form or closes the Website page or a specific messenger.

5 ACCESS TO DATA OCTOPUS

Access to Data Octopus resources is granted only to Customers who have completed the order form and accepted the Terms and Conditions and Privacy Policy. Access is granted within the scope of the Customer’s selected Subscription Plan.
Access is granted to the Customer in accordance with the Subscription Plan ordered by him.
The current price list of services provided by the Provider is available on the website at: https://dataoctopus.io/pl/cennik and constitutes an integral part of these Regulations.
The Supplier reserves the right to change the price list. Changes will take effect upon publication on the aforementioned website, unless a different effective date is expressly stated.
Orders placed before the publication of changes to the price list will be fulfilled at the current rates.
The Supplier may provide a dedicated subpage enabling the placing of an order, and orders placed in this way are treated as placed in accordance with the current price list in force at the time of their placement.
All Subscription Plans are subject to a fee. Payment is made in accordance with the terms and conditions set forth in these Terms and Conditions.
The Supplier has the right to refuse to provide Services to a specific Customer without giving any reason.
The condition for granting Access and providing the Services and functionalities available in the Subscription Plan selected by the Customer is placing an order via the order form available at https://dataoctopus.io/pl/order and acceptance of the order by the Supplier and providing the Customer with access data to the Account via e-mail.
Granting the Customer Access to Data Octopus in accordance with the Subscription Plan they have selected does not, in any case, grant the Customer any greater number or scope of rights than those directly arising from these Terms and Conditions. By accepting these Terms and Conditions, the Customer acknowledges that all rights to Data Octopus, including in particular intellectual property rights, are owned by the Provider or persons and entities designated by the Provider.
Unless the Parties have separately agreed otherwise, as part of the implementation of Access in the selected Subscription Plan, at the time of granting the Customer this Access in accordance with the Regulations, the Provider grants the Customer a non-exclusive, non-transferable, territorially unlimited license to use Data Octopus solely in the scope of: launching, playing, displaying, using in order to access Data Octopus in accordance with its functionalities and intended use and in accordance with the held Subscription Plan, including in particular for the purpose of performing specific operations on data and other content in accordance with the nature of Data Octopus and solely within the scope of the held Subscription Plan.
The license referred to above is time-limited – it is granted for the duration of the Customer’s active Subscription Plan (Subscription Plan Period). After this period, the Customer is obligated to cease using Data Octopus and any materials or content derived from it, which should be destroyed or returned to the Provider – as directed by the Provider.
A Customer who does not have an active Subscription Plan may not use the Account in Data Octopus, unless the Provider agrees with the Customer otherwise, in particular if the Provider agrees to maintain the Customer’s access to the Account for a specified period after the end of the Subscription Plan, and in such a case the Provider may decide that such an Account will have limited rights or certain functionalities.
The Customer who has been granted access to his/her Customer Account is obliged to change the access password to his/her own password that meets the appropriate security requirements – minimum requirements in this respect may be indicated directly on the Website.
The same Customer may only have one Account.
Sub-accounts may be created for Users within the Account, in the number determined by the selected Subscription Plan. Sub-accounts are created solely upon the Customer’s request to the Provider. Customers are not permitted to create Sub-accounts independently.
The User is not allowed to use the Accounts of other Users or provide other persons with access to the Account, including disclosing the password to access the Account.
The person for whom the user account was created is obliged to accept these Regulations, and the commencement of use of the Sub-account by him/her is tantamount to acceptance of these Regulations.
The Customer is fully responsible for all actions taken under their Account, including Sub-Accounts. The Customer is responsible for the actions and omissions of any individuals for whom they create and provide user accounts, or for whom the Provider creates and provides a user account on their behalf, as well as for any other individuals to whom they provide access to Data Octopus, as well as for their own actions and omissions.
The Customer also has the option to log in to their Data Octopus Account using their Account on external portals indicated on Data Octopus. A Customer who logs in to their Data Octopus Account using an account on an external portal provides certain data from their account on the external portal to the Service.
The Account contains data and information provided or submitted independently by the Customer (which does not apply to data generated or otherwise created directly through and within the Data Octopus Service). The Customer is obligated to enter into Data Octopus or provide the Provider only data that is current, factually accurate, does not mislead the Provider or other parties, and does not violate generally applicable law, third-party rights, or good practice.
Unless the Parties agree otherwise, together with Access to Data Octopus, the Customer also orders the Data Octopus Implementation Service (hereinafter referred to as “Implementation”).
The Parties may also agree that the Supplier will conduct an audit of specific resources, particularly the Customer’s IT resources. The scope, timing, and payment terms will be mutually agreed upon by the Parties.

6 IMPLEMENTATION

As part of the Implementation and for its purposes, the Client is obliged to provide the Supplier with the necessary data and to grant the Supplier access to the indicated resources, in particular:a) konta Google Analytics 4,b) Google Ads account,c) product feed in the Google Merchant Center (GMC) standard.
If the product feed does not meet the requirements of the GMC standard (the current description is available at https://support.google.com/merchants/answer/7052112?sjid=2127897075905314807-EU), the Customer is obliged to adjust it on their own or commission this service to the Provider for additional remuneration.
Depending on implementation needs, the Customer may also be required to grant the Provider access to additional resources, including advertising accounts on external websites (e.g. Meta Ads, Google Ads), e-commerce engine or Google Analytics 4.
Failure to provide the required data or access by the Customer does not constitute a delay on the part of the Provider and does not affect the Customer’s obligation to pay remuneration in accordance with the selected Subscription Plan.
The list of content and access required to complete the Implementation is specified in the Access Granting Instructions, available at: https://help.dataoctopus.io/pl/articles/10118172-instrukcja-nadawania-dostepowThe Customer is obliged to provide the Provider with the content and access indicated therein within the time limits specified therein or indicated by the Provider in the course of communication.
If the Customer fails to provide information, data, or access in accordance with the Terms and Conditions, or if there is a delay in providing such information, data, or access, the Provider is entitled to withhold the provision of the Services while waiting for such information, data, or access to be provided, while retaining the right to full remuneration. Additionally, if a specific deadline has been set for the activity or Service to be performed by the Provider, the Service completion deadline will be extended by the time it takes to provide or complete such information, materials, documents, or access. This does not apply to extensions of the Subscription Plan period.
By providing the Supplier with any materials, data, content, or access, the Customer represents that they have the rights to provide them for use by the Supplier, and in particular that they hold the appropriate copyrights, licenses, or other authorizations required by law. The Supplier shall not be liable to third parties for damages resulting from any infringement of their rights in connection with or as a result of the provision of the Services or functionalities. In the event that a third party files a claim against the Supplier for infringement of a third party’s rights, the Customer is obligated to immediately indemnify the Supplier and reimburse the Supplier for any costs incurred in connection with such action.
When sending any information, data or other content, including access, the Customer should secure it in particular in a manner consistent with the requirements of the GDPR.
The provisions of this paragraph apply to all content, data, materials or access provided by the Customer to the Provider, provided both for the purposes of Implementation, Access, as well as the provision of any other Services or benefits.

7 SUPPORT AND OTHER SERVICES WITHIN DATA OCTOPUS, OTHER COMMON RULES FOR THE IMPLEMENTATION OF SERVICES

The Provider may also offer other services within Data Octopus that are not covered by the Subscription Plan Access or Implementation (“Additional Services”). Additional services are provided for a fee, based on a separate order submitted by the Customer and accepted by the Provider electronically via email.
The scope of available Additional Services is specified in the catalogue provided to the Customer by the Supplier upon request.
All Data Octopus Services may be ordered in a form accepted by the Supplier, including in particular on the basis of the Customer’s acceptance of the offer presented by the Supplier.
Offers presented by the Supplier may have a limited validity period. Unless otherwise specified in the offer, the offer is valid for 30 days from the date of its submission by the Supplier. Unless the Supplier clearly states otherwise in the offer or other statement, the document, offer, or other statement presented by it, regardless of its name or designation, does not constitute an offer within the meaning of the Civil Code.
The Provider may also provide the option of ordering individual Services directly within the Data Octopus resources – in such a case, the Customer orders a given Service based on the messages displayed on the Website.
Additional services may be offered by the Provider in the form of packages or other sets of Data Octopus Services or functionalities. Within such packages, the Customer may receive, in particular, a specified number of operations or activities on Data Octopus resources or a specified number of time units (man-hours) for the Services to be provided to them.
If the Parties have agreed to settle the Service based on the consumption of a specific number of time units (man-hours), unless the Provider specifies otherwise, the hours used from the Customer’s package will be calculated based on each commenced time unit (e.g. each commenced hour).
The Supplier may indicate that information on the use of the hour package will be provided to the Client, among other things, in the form of a report sent to the Client via e-mail.
The Parties undertake to cooperate with each other to implement the Agreement and the individual Services. In particular, the Client is obligated to immediately notify the Supplier of any circumstances or information that may or may not affect the execution, performance, or course of individual Services.
By posting or transmitting any data, content, or materials within Data Octopus, the Customer grants the Provider a royalty-free, non-exclusive, territorially and temporally unlimited license to use them solely to the extent necessary to provide the services, in particular for data mapping and ensuring the proper operation of the Service. The license includes, in particular, the right to:a) reproduction, storage and processing of materials in the Supplier’s IT systems,b) making the necessary preparations, including modifications, translations and adaptations of materials,c) granting further authorizations (sublicenses) to subcontractors cooperating with the Supplier in the provision of services.
If the given content does not constitute a work within the meaning of generally applicable law, the Customer authorizes the Supplier to use it to the extent analogous to that indicated in paragraph 10 above.
By providing the Provider with access to the data sources and IT resources of their organization, including online stores, necessary for the provision of the Data Octopus service, the Customer acknowledges that the Provider may access all data contained in these accounts, tools, or resources. Subject to the other provisions of these Terms and Conditions, the Customer authorizes the Provider to use this data to provide the Services, improve the Data Octopus Services, provide statistics, and create specific content such as reports and statistics, and include this data in public aggregated reports and similar compilations, including those on the performance and activities of all Data Octopus Clients and Data Octopus itself. The Provider will not engage in any operations or activities with such data that would expose the Customer to harm, including commercial use without the Customer’s consent, including disclosure to third parties.
Unless otherwise agreed with the Client, as part of the Services provided, the Supplier does not register with any sales channel or other similar resource or tool, subject to the sections below. The Client is obligated to create their own accounts in the indicated channels or tools. The Supplier is not responsible for any costs incurred by the Client within a given sales channel, tool, or other external resource, and this is not part of the Service. Furthermore, the Supplier does not guarantee any position or placement on any sales channel or other tool. The Supplier does not guarantee that any segmentation implemented in Data Octopus will result in increased advertising effectiveness due to the number of factors influencing it and the limited influence on them.
The Supplier provides Services to the Client through its employees and associates and is authorized to engage subcontractors (e.g., external specialists). The provisions of these Terms and Conditions also apply to the Client with respect to the activities of such subcontractors, unless expressly stated otherwise. The Supplier declares that each of its employees, associates, and subcontractors will be bound by a confidentiality agreement before commencing the performance of the Services.

8 PAYMENTS, SETTLEMENTS

The Customer is obligated to pay the Provider a monthly fee for the Services, in an amount dependent on the selected Subscription Plan and other services provided by the Provider to the Customer. The fee is increased by applicable VAT, if required by law.
The fee is calculated for each calendar month and invoiced in advance after the end of the relevant billing period. If the provision of Services begins or ends during a calendar month, the fee for that month will be calculated pro rata. The basis for the pro rata calculation will be the total gross fee for the full month and the number of days on which the Services will be provided in a given month, compared to the number of calendar days in that month.
The Supplier issues and sends the Customer an electronic VAT invoice (to the email address provided on the order form) after the end of the billing period. Payment is made on time and to the Supplier’s bank account specified on the invoice.
If the Customer fails to pay on time, the Supplier is entitled to:
1. terminate the Agreement immediately, after prior notice to the Client, setting an additional deadline for payment,
2. charging interest in commercial transactions for delays,
3. limiting or completely blocking Access to Data Octopus and ceasing to provide any Services to the Customer – while retaining the Supplier’s right to remuneration.
The Customer may make a given payment using the system of an external payment operator, e.g. Stripe or another system provided directly by Data Octopus or in the interface of the external operator’s system, if such an option is made available by the Supplier.
The day of payment is considered to be:
1. in the case of payment by bank transfer to the Supplier’s bank account – the day on which the Supplier’s bank account is credited with the full amount of such payment,
2. in the case of payment in another way, including using the infrastructure of an external operator (including card payments), in accordance with the information in Data Octopus – when the Supplier receives information from the system of such payment operator about receipt of the Customer’s full payment.
If the fees depend in any way on the number of products, the number of products shall be understood as the total number of products (including product variants) in the Customer’s source product feed that has been made available to the Supplier.
The Supplier is entitled to change the Supplier’s remuneration, including all or selected elements thereof, by means of a unilateral declaration of change in their amount, along with information on the effective date thereof, addressed to the Customer by email. The effective date of the changed prices (remuneration or individual elements thereof) will be no less than 30 days from the date the Supplier sends this declaration. A Customer who does not accept the new prices (remuneration) should terminate the contract within 14 days of the Supplier sending the declaration referred to in the preceding sentence, observing the notice periods specified in these Regulations, with the existing remuneration rates applying during the notice period. Failure by the Customer to terminate the contract within the time limit and in accordance with the preceding sentence is tantamount to acceptance of the new prices.
If the prices for services indicated by the Supplier are expressed in a currency other than the Polish zloty (PLN), in case of doubt for the purpose of determining the amount of this fee, as well as in the case of issuing an invoice in Polish zloty, the average exchange rate of this currency announced by the National Bank of Poland shall be decisive for the conversion of this fee:

in the case of making payments using the infrastructure of an external operator (including card payments), in accordance with the information in Data Octopus – the exchange rate on the day the Customer makes the payment,
in the event of the Customer making payment in another way – the exchange rate on the day the Supplier issues the invoice.

9 SERVICE PROVISION TIME, TERMINATION OF SERVICE PROVISION

The Services, including Access to Data Octopus, are provided for the duration of the Subscription Plan selected by the Customer.
If a given Subscription Plan was valid for a specified period of time, the Agreement in this respect shall be terminated at the end of the period of that Plan, unless the Customer orders another Subscription Plan.
In the case of a Subscription Plan whose duration has been designated as indefinite, each Party may terminate the Agreement with respect to its implementation with a one-month notice period, effective at the end of the calendar month.
The Customer may cancel the Subscription Plan at any time, subject to the notice period provided for in these Regulations.
Resignation may be submitted:a) by sending an e-mail to the following address: hello@dataoctopus.io from the address assigned to the Customer Account, orb) directly in the Data Octopus application in the appropriate tab (“Unsubscribe”), if available.
The withdrawal is effective upon its delivery to the Supplier electronically.
The Provider has the right to suspend the provision of Services, including in particular blocking the Customer’s Access to Data Octopus, including the Account, as well as terminating the Agreement for the provision of Services, with immediate effect, in particular in the event of:

violation by such a Client of the Regulations, provisions of applicable law, principles of good manners or conditions or rules of using given tools or infrastructure of external suppliers and operators used within Data Octopus,
when the Customer’s actions or omissions are detrimental to the Supplier,
the Supplier receives any complaint about the activities of a given Customer or in any other case where the Supplier has doubts as to the compliance of the User’s activities with the specificity and nature of Data Octopus, the law and the principles of social coexistence,
arrears in any payment due to the Supplier from the Customer – in this case after a prior unsuccessful request to remedy the breach.

Additionally, the Supplier is entitled to immediately cease providing the Services to the Customer for important reasons, which the Parties understand to be:

the occurrence of changes in the scope of the Services provided in Data Octopus, including in particular those caused by organizational, technological or technical reasons, including changes in the technical requirements necessary to use Data Octopus or individual Services, as well as changes consisting in the termination of Data Octopus, the provision of a given Service, its change or the introduction of new Services or functionalities, as well as the need to improve the Services, functionality or operation of Data Octopus, preventing abuse and the need for security reasons,
the occurrence of changes in the provisions of generally applicable law and their interpretation/interpretation, which affect the Services provided,
the occurrence of cases of issuing a decision, ruling or other similar act by courts, authorities or other types of institutions affecting the provisions of the Services provided or the rights and obligations of the Parties, as well as the imposition of specific obligations by such courts, offices or other types of institutions.

In the case referred to in paragraph 5 above, the Customer shall not be entitled to any claims against the Supplier.
Information about the suspension or termination of the provision of Services may be sent to the Customer electronically, including via messages on the Website.

10 COMPLAINTS, LIABILITY

The User may submit complaints regarding Data Octopus Services within 7 days from the date the cause of the complaint occurred.
Complaints can be submitted via e-mail to: help@dataoctopus.io.
The response to the complaint will be provided to the User in the same form in which it was submitted.
Unless the Supplier specifies a different deadline, it will respond to the complaint within 5 Business Days from the date of receipt of the complaint, although in special cases the response period may be extended to 10 Business Days.
If responding to a complaint requires additional data or information from the User, the Provider will request it from the User. The deadline for responding to the complaint will then run from the date the documentation is completed.
The Provider ensures the provision of the Services with due diligence, and the Provider is not liable for any damages in any way related to the subject matter of the Agreement and the provision of the Services, or for their direct or indirect consequences, except for the liability expressly set out in these Terms and Conditions. In particular, by accepting the Terms and Conditions, the Customer declares that he or she is aware that the Services provided by the Provider within Data Octopus do not guarantee or ensure that the User will achieve a specific financial result, sales result, economic result, business or organizational result, or any other financial parameters or other results assumed and expected by the User.
The Supplier and any persons or entities used by the Supplier to provide the Services are liable to the Customer solely for any damage suffered by the Customer as a direct result of the Supplier’s failure to perform or improper performance of its obligations under these Terms and Conditions or legal provisions, solely as a result of willful misconduct or gross negligence, and only to the extent of the actual damage suffered by the User. The Supplier’s liability to the Customer for lost profits is excluded.
The circumstance that the act or omission from which the damage resulted constituted non-performance or improper performance of a previously existing obligation excludes the Customer’s claims for compensation for damage on other grounds, including tort.
The Customer shall not be entitled to any claims against the Provider arising from third party claims arising from the User’s use and exploitation of Data Octopus in its business or any other business related to Data Octopus.
The Supplier shall not be liable for non-performance or improper performance of services caused by force majeure, which shall be deemed to be events that could not be foreseen and were caused by circumstances beyond the Supplier’s control, in particular: epidemics, war, fire, drought, flood, other natural disasters, new legal regulations, strikes, lockouts, lockdowns and boycotts, hacker attacks on the Website, provided that they constitute force majeure.
The Supplier is not liable in particular for:

disruptions in operation or lack of access to Data Octopus resulting from improper use by the User,
failure of the Customer to meet the required input data standards specified by the Supplier,
discrepancies between the data presented in the application and the actual state, if they are the result of incorrect configuration of the data source, specific data transfer or incorrect quality (purity) of the input data,
technical problems caused by the User’s failure to meet technical requirements or resulting from reasons beyond the Provider’s control, including force majeure, failure of the Internet or the User’s IT resources,
the consequences of making Data Octopus available to third parties by the Customer or the lack of appropriate protection against access by unauthorized persons,
damage resulting from incorrect recording or reading of data by the User.

The above limitations of liability shall apply even after the termination of the Services.

11 DATA PROCESSING ENTRUSTMENT

The Customer declares that he is the controller of personal data, within the meaning of Article 4, point 7) of the GDPR, in the personal data sets collected by him or collected, generated or otherwise processed using the Provider’s Services made available to him.
The Customer declares that in relation to the personal data entrusted to the Supplier under this Agreement, it has the necessary, or at least one, legal basis for the processing of personal data, as referred to in Article 6, paragraph 1 of the GDPR.
The Supplier declares that it has implemented appropriate technical and organisational measures to ensure that the processing meets the requirements of the GDPR and the Personal Data Protection Act and protects the rights of data subjects.
The Customer entrusts the Supplier with the personal data specified in paragraph 5 below for processing in order to perform the Services covered by the Regulations.
The Customer entrusts the Supplier with the following types of data for processing:

Regular data

name and surname;
mailing or shipping address;
phone number;
email address;
IP address;
Device ID;
purchase history of the customer/user in the Administrator’s store/service;
history of the customer/user’s activity in the Administrator’s store/website, including browsing history;
statistical and demographic data;
other data regarding the device of the user/customer of the Administrator’s store/website.

The Supplier provides services related to data processing for the duration of the Services covered by the Regulations.
After the provision of processing services has ended, the Supplier will delete all personal data and copies thereof, except where the obligation to continue storing such data arises from European Union law or the law of a Member State or the Supplier and the Customer agree otherwise.
Data processing by the Provider is of a secondary nature.
The Provider processes data for the purpose of providing the Services covered by the Regulations.
Detailed description of the flow of information constituting personal data in connection with the performance of the Basic Agreement:

The Customer provides the Supplier with personal data of its customers;
The personal data provided is processed by the Provider on the Google Cloud Platform cloud service. The Provider declares that it uses a Google Cloud Platform license, which guarantees that the data processed in the cloud may only be processed within the European Economic Area;
Processing involves modifying personal data provided by the Client in order to meet the requirements of advertising channels and systems selected by the Client (e.g. performing customer segmentation on the provided database);
Additionally, the processing involves storing the Customer’s personal data during the validity period of the purchased subscription service;

The provisions of the Regulations constitute a documented order of the Client.
If the Client has chosen tools and technologies for the implementation of the Basic Agreement, the use of which results in the transfer of personal data to a third country, the above constitutes a documented order of the Client.
The Customer’s consent to use the service providers listed in paragraph 26 below shall also be deemed to be a documented instruction from the Customer.
Processing operations will be performed in the Provider’s IT environment and tools selected by the Customer available from the public Internet.
The Supplier will process personal data by performing operations on personal data or sets of personal data in an automated and non-automated manner, such as:

profiling,
analyzing,
collecting,
fixation,
organization,
tidying up,
storage,
adapting or modifying,
download,
browsing,
exploitation,
disclosure by message,
dissemination or other types of making available,
matching or combining,
restricting, removing or destroying.

The data entrusted for processing concern the following categories of adults and children:

Customers/users of the Administrator’s services conducting business activities;
Customers/users of the Administrator’s services who are consumers;
potential clients/users of the Administrator’s services conducting business activities;
potential customers/users of the Administrator’s services who are consumers;
employees and associates of the Administrator.

The Client is obliged to ensure the legality of the personal data collection entrusted as well as the fact and process of entrusting it.
The Customer has the right to oblige the Supplier to update the technical and organizational measures to secure the entrusted personal data.
The Customer is obliged to perform activities resulting from generally applicable law in the scope of control over the processing of personal data by the Supplier.
The supplier undertakes to:

processing of personal data, including in particular the transfer of personal data to a third country or an international organization, only upon the documented instruction of the Client
informing the Customer about the legal obligation to transfer personal data to a third country or an international organization, imposed on the Supplier by the law of the European Union or the Member State to which the Supplier is subject, and the Supplier is exempt from the above obligation if the law prohibits him from providing such information due to important public interest reasons.
take all appropriate measures required under Article 32 of the GDPR. Appropriate measures result from an analysis carried out by the Provider, taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing, as well as the risk of varying likelihood and severity of the violation of the rights and freedoms of natural persons;
assist the Client, as far as possible, taking into account the nature of the processing and the information available to him:

to fulfil the obligation to respond to requests from the data subject regarding the exercise of his or her rights set out in Chapter III of the GDPR,
comply with the obligations set out in Articles 32-34 of the GDPR.

providing the Client, to the extent possible, with the information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR.

The Provider may entrust the processing of personal data to other processors.
The Supplier will always inform the Customer 14 days before transferring the processing of personal data to another processor about: the intention to use the services of another processor of personal data; the value associated with using the services of another processor, and the identity of that entity.
The Customer has the right to object to the sub-entrustment of personal data to another processor within 48 hours of receiving information from the Provider. In the absence of such objection, it is assumed that the Customer has consented to the sub-entrustment.
The Supplier declares that it is aware of its responsibility towards the Customer for the fulfillment of obligations by another entity processing personal data pursuant to Article 28, paragraph 4 of the GDPR.

The Supplier shall authorise the processing of personal data by persons who have committed themselves to confidentiality or are subject to an appropriate statutory obligation of confidentiality.
The provisions of paragraphs 22-26 above do not in any way limit the Supplier’s right to grant authorizations to process personal data under Article 29 of the GDPR.

12 FINAL PROVISIONS

The Client hereby grants the Supplier’s free and unlimited consent to include its data, including its trademark or logo (logotype), in the information about the commencement of cooperation or in the list of clients, together with the disclosure of the fact of providing Services to such Client on the Supplier’s websites, in social media, in the list of contractors, in brochures, advertising, sales presentations and any other advertising or marketing materials, and has the right to include information on the performance and completion of the Services for the Client in these channels.
The publication or use of materials in the form of a case study regarding cooperation with the Client requires each time the prior consent of the Client expressed in documentary form (e.g. e-mail).
The Regulations are continuously available on the Data Octopus website, in a manner enabling their acquisition, reproduction and recording of their content by printing or saving on a medium at any time when browsing the Website.
Unless otherwise indicated, all rights to Data Octopus, including copyrights, intellectual property rights to its name, internet domain, website, infrastructure and resources of Data Octopus, as well as to other content, in particular forms, logos, as well as photos, materials, descriptions and other, belong to the Provider, and may be used only in the manner specified in and in accordance with the Regulations, the Agreement and the provisions of generally applicable law.
It is prohibited to copy, reproduce, modify, duplicate, or distribute any part of Data Octopus without the prior written consent of the Provider, under pain of nullity, except as expressly permitted by applicable law and these Terms and Conditions. The Provider may take steps, including legal proceedings, to protect its own interests and those of third parties.
Any disputes arising between the Provider and the User shall be settled by the court having jurisdiction over the Provider’s registered office.
In matters not regulated in these Regulations, the provisions of the Civil Code and other relevant provisions of Polish law shall apply.
These Terms and Conditions are subject to change. Users will be notified of any changes via a notice published on the Data Octopus website, including their effective date. The effective date of any changes will be no less than 14 days from the date of their publication.
If the User does not accept the new Terms and Conditions, they are obligated to terminate the Agreement within 14 days of being notified of the change to the Terms and Conditions, observing the notice periods specified in these Terms and Conditions, or in the absence of such a period, with a 3-month notice period, effective at the end of the calendar month. During the notice period, the existing provisions of the Terms and Conditions shall apply. Failure by the Customer to terminate the Agreement within the time limit and in accordance with the preceding sentence is tantamount to acceptance of the new Terms and Conditions.
If a change in the Regulations or prices (remuneration or their elements) is related to changes in generally applicable provisions of law or their interpretation, the Supplier is entitled to introduce changes in the Regulations or prices (remuneration or their elements), the entry into force of which will take place within a period shorter than the one indicated in section 8 above, and the Supplier is entitled to refuse to accept the changes, with the effect referred to in section 9 above.
If any provision of these Regulations is or becomes ineffective in whole or in part (for example due to changes in legal provisions), this shall not affect the effectiveness of the remaining provisions.
The assignment of receivables and rights by the Customer requires the consent of the Supplier expressed in writing under pain of nullity.
Communication between the Parties will take place via electronic mail (e-mail).
If these Regulations are available in a bilingual or multilingual version, in the event of any language discrepancies, only the Polish language version of the Regulations shall be binding.