Terms of service

Unless expressly stated otherwise, these Terms of Service set forth the general terms and conditions for the provision of Services via the Website, as well as the provision of other Services by Data Octopus sp. z o.o., with its registered office in Krakow, including in particular the general conditions for the provision of Services consisting in granting Clients access to a part of the Website integrated with specified tools and the Data Octopus application.

The Service Provider is Data Octopus spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, at ul. Wadowicka 8A, 30-415 Krakow, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Krakow, 11th Commercial Division of the National Court Register, under KRS number: 0001010501, NIP: 6793256417, REGON: 524025419, with a share capital of PLN 10,500.00, being the provider of the Data Octopus platform, hereinafter referred to as the Provider.

Contact with the Provider may be established via:

The Provider may also make other forms of contact available within the Website, including an interactive chat.

The Services offered by the Provider are addressed exclusively to Entrepreneurs within the meaning of Section 2 point 6 of the Terms of Service.

The Provider informs that the Website is not an online marketplace within the meaning of the Act of 30 May 2014 on Consumer Rights, and the Provider does not provide online intermediation services therein 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.

In order to use the Service, the User should meet the following minimum technical requirements:

Additionally, in order to obtain Access under the Subscription Plan ordered by the Client, the User should have access to active electronic mail (e-mail).

The use of services provided electronically may involve risks for any Internet user, consisting of the possibility of malware being introduced into their telecommunications and IT system or unauthorized access to and modification of their data. To avoid the above-mentioned risks and threats, each User should apply appropriate technical measures to minimize these risks, e.g., antivirus software or a firewall.

The Service website may use "cookies" or other online identifiers. The rules for using "cookies" are set out in the Cookie Policy available on the Service.

Each User, when using the Service, is obliged in particular to:

The use of the main and essential Services and functionalities of Data Octopus is subject to a fee and requires an active Subscription Plan. The Customer gains Access via a dedicated Customer Account.

All declarations of intent made via devices and communication means assigned to the Customer or under the Customer's control (in particular telephone numbers, email addresses) shall be deemed to originate from the Customer and to take legal effect within the framework of the relationship between the Customer and the Provider.

The Customer represents and warrants that each User holding Access is authorized to undertake any actions on the Website, including in particular placing orders and making other binding declarations of intent on behalf of and for the benefit of the Customer. The Customer acknowledges and agrees that any actions performed by Users on the Website produce direct legal effects with respect to the Customer, as if they had been performed by the Customer personally.

Data Octopus also includes a publicly available section within which the Website Visitor may:

Unless stated otherwise on the Website, the Services and functionalities referred to in paragraph 3 above are provided free of charge.

The Provider may present publicly on the Website content of its choice, including advertising content regarding the offered services as well as goods and services of third parties and entities.

The Provider notes that in the event advertising content is presented on the Website, unless expressly stated otherwise, such content does not constitute an offer within the meaning of the provisions of the Civil Code. Using such offers or services is not part of the Website, and the terms applicable thereto are determined by the relevant third parties.

The Service consisting in browsing and searching content is provided for a definite period of time – until the User closes the Website pages.

The Visitor may, using the mechanisms provided on the Website, subscribe to the Newsletter – i.e., information and content, in particular 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.

Subscription to the Newsletter or ordering the provision of other digital content or digital services pursuant to paragraph 8 above may also be made available by the Provider on a temporary basis. These options may be made available by the Provider either free of charge or for a fee. In the latter case, the price and payment methods will be indicated on the Website in each instance.

Commercial communications ordered by the Visitor are delivered according to the User's choice – in the form of messages sent to the electronic mail (email) address provided by the User or to the telephone number provided by the Visitor in the form of SMS text messages.

The Visitor may also consent to the sending of the Newsletter or other delivery of digital content or services by an entity or entities other than the Provider – in accordance with their choice and the information presented on the Website.

The Visitor may withdraw consent to receive the Newsletter, other digital content, or digital service at any time.

Unless stated otherwise on the Website, services consisting in sending the Newsletter, other digital content, or digital service are provided for an indefinite period of time – until the Visitor withdraws consent to their further provision or the Provider ceases their provision.

The Visitor also has the option to use a dedicated contact form available on the Website enabling contact with the Provider in order to arrange a Demo. For this purpose, the Visitor fills in the fields of the contact form marked as mandatory. Further communication is conducted in accordance with the information presented on the Website.

The Provider may also temporarily or permanently provide other publicly available functionalities – including those enabling contact with the Provider.

In the case of all forms and functionalities enabling contact or establishing contact – unless stated otherwise on the Website – the Service is provided for a definite period of time until the Visitor or User sends a message using such a form or closes the Website page or the specific messaging interface.

Access to Data Octopus resources is granted exclusively to a Client who has completed the order form and accepted the Terms of Service and Privacy Policy. Access is granted within the scope of the Subscription Plan selected by the Client.

Access is granted to the Client in accordance with the Subscription Plan ordered by them.

The current price list for services provided by the Provider is available on the website at: https://dofeed.lovable.app/en/pricing and constitutes an integral part of these Terms of Service.

The Provider reserves the right to amend the price list. Amendments become effective upon their publication on the aforementioned website, unless another effective date is expressly specified.

Orders placed prior to the publication of changes to the price list shall be fulfilled according to the previous rates.

The Provider may make available a dedicated subpage enabling order placement, whereby orders placed in this manner shall be deemed placed in accordance with the current price list applicable at the time of their submission.

All Subscription Plans are subject to a fee. Payment shall be made on the terms set forth in these Terms of Service.

The Provider reserves the right to refuse to provide Services to a specific Client without stating a reason.

The granting of Access and the provision of Services and functionalities available under the Subscription Plan selected by the Client is conditional upon placing an order via the order form available at https://dofeed.lovable.app/en/order, acceptance of the order by the Provider, and the transmission of Account access credentials to the Client via e-mail.

Granting the Client Access to Data Octopus in accordance with the Subscription Plan selected by them shall in no case mean the transfer to the Client of a greater extent or scope of rights than directly arising from these Terms of Service. By accepting these Terms of Service, the Client confirms being aware that all rights to Data Octopus, including in particular intellectual property rights, are vested in the Provider or in persons and entities designated by the Provider.

Unless the Parties have agreed otherwise, as part of providing Access under the selected Subscription Plan, upon granting such Access to the Client in accordance with the Terms of Service, the Provider grants the Client a non-exclusive, non-transferable, territorially unrestricted license to use Data Octopus solely within the scope of: running, reproducing, displaying, and using for the purpose of accessing Data Octopus in accordance with its functionalities and intended purpose, and in accordance with the held Subscription Plan, including in particular for the purpose of performing specific operations on data and other content in line with the nature of Data Octopus and exclusively within the scope of the held Subscription Plan.

The license referred to above is time-limited – it is granted for the period during which the Client holds an active Subscription Plan (Subscription Plan period). Following the end of this period, the Client is obliged to cease using Data Octopus and any materials or content derived from it, which should be destroyed or returned to the Provider – in accordance with its instructions.

A Client who does not hold an active Subscription Plan may not use an Account in Data Octopus, unless the Provider agrees otherwise with the Client, in particular if it consents to maintaining the Client's access to the Account for a specified period after the termination of the Subscription Plan, provided that in such case the Provider may decide that such Account will have limited permissions or specific functionalities.

A Client who has received access to their Client Account is obliged to change the access password to their own password that meets appropriate security requirements – minimum requirements in this regard may be specified directly on the Website.

The same Client may hold only one Account.

Subaccounts for Users may be created within the Account, in the number resulting from the selected Subscription Plan. The creation of a Subaccount takes place exclusively upon the Client's request addressed to the Provider. The Client may not independently create Subaccounts.

A User is not permitted to use Accounts of other Users or make the use of the Account available to other persons, including disclosing Account access passwords.

The person for whom a user account has been created is obliged to accept these Terms of Service, and the commencement of using the Subaccount by such person shall be deemed equivalent to the acceptance of these Terms of Service.

The Client bears full responsibility for all actions taken within their Account, including within Subaccounts. The Client is liable for the acts and omissions of persons for whom they create and make available user accounts or for whom a User account is created and made available by the Provider upon the Client's request, as well as of other persons to whom the Client enables Access to Data Octopus, as for their own acts and omissions.

The Client also has the option to log in to their Account in Data Octopus using their Account on external portals indicated in Data Octopus. A Client who logs in to an Account in Data Octopus using an account on an external portal shares certain data from the external portal account with the Website.

The Account contains data and information provided or submitted independently by the Client (which does not apply to data generated or otherwise created directly through and within the Data Octopus Service). The Client is obliged to enter into Data Octopus or provide to the Provider only up-to-date and true data that does not mislead the Provider or other persons, and does not infringe upon applicable legal provisions, third-party rights, and accepted principles of morality.

Unless the Parties agree otherwise, along with Access to Data Octopus, the Client also orders the Data Octopus Implementation Service (hereinafter referred to as: “Implementation”).

The Parties may also mutually agree that the Provider will conduct an audit of specific resources, in particular the Client's IT resources. Its scope, timeframe, and payment terms shall be determined mutually by the Parties each time. In particular, the Provider shall complete and deliver to the Client the completed questionnaire constituting Appendix No. 3 to the Terms of Service.

As part of the Implementation and for its purposes, the Client is obliged to provide the Provider with the necessary data and grant the Provider access to the designated resources, in particular: a) Google Analytics 4 account, b) Google Ads account, c) product feed conforming to the Google Merchant Center (GMC) standard.

In the event that the product feed does not meet the requirements of the GMC standard (current description available at https://support.google.com/merchants/answer/7052112?sjid=2127897075905314807-EU), the Client is obliged to adapt it on its own or commission this service to the Provider for an additional fee.

Depending on implementation needs, the Client may also be required to grant the Provider access to additional resources, including, without limitation, advertising accounts on external platforms (e.g., Meta Ads, Google Ads), an e-commerce engine, or Google Analytics 4.

Failure by the Client to provide the required data or access shall not constitute a default (delay) on the part of the Provider and shall not affect the Client's obligation to pay the remuneration in accordance with the selected Subscription Plan.

The list of content and access permissions necessary for the performance of the Implementation is set out in the Access Granting Instructions, available at: https://dofeed.lovable.app/en/docs. The Client is obliged to provide the Provider with the content and access permissions specified therein within the time limits set forth therein or indicated by the Provider in the course of communication.

In the event of the Client's failure to provide information, data, or access permissions in accordance with the Terms of Service, or in the event of a delay in their provision, the Provider is entitled to suspend the provision of the Services for the duration of waiting for their provision or completion, while retaining the right to full remuneration. In addition, where a strict deadline has been designated for an action or Service to be performed by the Provider, the deadline for the performance of the Service shall be extended accordingly by the time of waiting for the provision or completion of such information, materials, documents, or access permissions. This does not apply to extending the term of the Subscription Plan.

By making any materials, data, content, or access permissions available to the Provider, the Client represents and warrants that it holds the rights to provide them for use by the Provider, and in particular that it holds the relevant economic copyright, licenses, or other authorizations required by law. The Provider shall not be liable to third parties for any damages arising from the infringement of their rights in connection with or as a result of providing the Services or functionalities. In the event that a third party asserts claims against the Provider for infringement of third-party rights, the Client shall promptly indemnify and hold the Provider harmless from such liability and reimburse the Provider for all costs incurred by it in connection with such a claim.

When transmitting any information, data, or other content, including access credentials, the Client should secure them, in particular in a manner compliant with GDPR requirements.

The provisions of this section shall apply to all content, data, materials, or access permissions provided by the Client to the Provider, whether provided for the purposes of Implementation, Access, or the performance of any other Services or deliverables.

The Provider may also offer other services within Data Octopus that are not covered by the scope of Access under the Subscription Plan or Implementation (“Additional Services”). Additional Services are provided for a fee, based on a separate order placed by the Client and accepted by the Provider electronically via email.

The scope of available Additional Services is specified in a catalogue made available to the Client by the Provider upon request.

All Data Octopus Services may be ordered in a form accepted by the Provider, in particular upon acceptance by the Client of an offer presented by the Provider.

Offers presented by the Provider may be subject to an expiration date; unless specified otherwise in the offer, the offer shall remain valid for 30 days from the date of its presentation by the Provider. Unless the Provider expressly states otherwise in a given offer or other statement, any document, offer, or other statement presented by the Provider—regardless of its title or designation—shall not constitute an offer within the meaning of the Civil Code.

The Provider may also enable the ordering of individual Services directly within the Data Octopus resources—in such case, the Client places an order for a given Service by following the prompts displayed on the Service.

Additional Services may be offered by the Provider in the form of packages or other bundles of Data Octopus Services or functionalities. Under such packages, the Client may, in particular, receive a specific number of operations or actions on Data Octopus resources or a specific number of time units (man-hours) of Service performance for their benefit.

Where the Parties have agreed to settle the Service based on the consumption of a specific number of time units (man-hours), unless the Provider indicates otherwise, the calculation of hours used from the Client's package shall be based on each commenced unit of time (e.g., each commenced hour).

The Provider may specify that information regarding the use of the hour package will be communicated to the Client, among other means, in the form of a report sent to the Client via email.

The Parties undertake to cooperate with each other for the purpose of performing the Agreement and individual Services. In particular, the Client is obliged to promptly notify the Provider of any circumstances or information that affect or may affect the performance, execution, or course of individual Services.

By uploading or transmitting any data, content, or materials within Data Octopus, the Client 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) reproduce, store, and process materials in the Provider's IT systems, b) prepare necessary adaptations, including alterations, translations, and adaptations of materials, c) grant further authorizations (sublicenses) to subcontractors cooperating with the Provider in the performance of services.

In the event that a given content does not constitute a work within the meaning of generally applicable law, the Client authorizes the Provider to use it to the extent analogous to that specified in Section 10 above.

By granting the Provider access to data sources and IT resources of their organization necessary for the performance of the Data Octopus service, including operated online stores, the Client acknowledges that the Provider may gain access to all data contained in those accounts, tools, or resources. Subject to the remaining provisions of these Terms of Service, the Client authorizes the Provider to use this data to perform the Services, improve Data Octopus Services, provide statistics, as well as create specific content such as reports, statistics, and place such data in public aggregated reports and similar summaries, including regarding the performance and activities of all Data Octopus Clients and Data Octopus itself. The Provider shall not perform operations or actions with such data that would expose the Client to damage, including not using them commercially without the Client's consent, nor disclosing them to third parties.

Unless the Provider has agreed otherwise with the Client, as part of the Services provided, the Provider does not register with any shopping channel or other or similar resource or tool, subject to the sections below. The Client is obliged to create their own accounts in the indicated channels or tools. The Provider bears no liability for any costs incurred by the Client within a given sales channel or any tool or other external resource, and this does not constitute part of the Service. Furthermore, the Provider does not guarantee any position or placement on any sales channel or other tool. The Provider does not guarantee that any segmentation performed in Data Octopus will increase advertising efficiency, due to the number of factors influencing it and the limited control over them.

The Provider provides the Services to the Client with the assistance of its employees and collaborators and is entitled to engage subcontractors (e.g., external specialists). The provisions of these Terms of Service shall also be binding upon the Client with respect to the actions of such subcontractors, unless explicitly stated otherwise. The Provider represents that prior to commencing the performance of the Services, each of its employees, collaborators, or subcontractors will be bound by a confidentiality agreement.

The Client is obliged to pay the Provider a monthly remuneration for the Services in an amount dependent on the selected Subscription Plan and other services provided by the Provider to the Client. The remuneration shall be increased by applicable VAT, if the obligation to pay it arises from legal provisions.

The remuneration is calculated for each calendar month and invoiced in advance, after the end of a given billing period. If the provision of Services begins or ends during a calendar month, the amount of remuneration for that month shall be calculated proportionally. The basis for the proportional calculation will be the total gross remuneration amount for a full month and the number of days on which the Services are provided in that month, relative to the total number of calendar days in that month.

The Provider issues and transmits to the Client a VAT invoice in electronic form (to the e-mail address provided in the order form) after the end of the billing period – in the event that the Provider or the Client is subject to the obligation to issue and receive structured invoices referred to in Article 2(32a) of the Act of 11 March 2004 on Goods and Services Tax, the issuance, transmission, and receipt of VAT invoices shall also take place using the National e-Invoicing System (KSeF), in accordance with the applicable legal regulations in this regard. Payment shall be made within the time limit and to the Provider's bank account specified in the invoice.

In connection with the process described in the preceding paragraph, as part of keeping accounts, we issue and receive structured invoices in the National e-Invoicing System (KSeF) and record them in accordance with applicable regulations. Therefore, the legal basis for processing personal data in this scope is Article 6(1)(c) of the GDPR (compliance with a legal obligation).

In connection with the process described in paragraph 3, data contained in invoices or associated with registration numbers contained in invoices (KRS, CEIDG) will additionally be received by the Head of the National Revenue Administration (within the KSeF system), who remains an independent data controller.

The date of payment shall be deemed to be:

If 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 Client's source product feed that has been made available to the Provider.

The Provider is entitled to change the Provider's remuneration, including all or selected elements thereof, by way of a unilateral declaration of the change in their amount together with information on the date of their entry into force, sent to the Client by e-mail, provided that the effective date of the amended prices (remuneration or individual elements thereof) shall not be earlier than 30 days from the date the Provider sends this declaration. A Client who does not accept the new price amounts (remuneration) should, within 14 days of the Provider sending the declaration referred to in the preceding sentence, submit a notice of termination in accordance with the notice periods specified in these Terms of Service, whereby the existing remuneration rates shall apply during the notice period. Failure by the Client to submit a notice of termination within the time limit and in accordance with the preceding sentence is equivalent to acceptance of the new prices.

Where the prices of services indicated by the Provider are expressed in a currency other than the Polish zloty (PLN), in case of doubt for the purpose of determining the amount of such liability, 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 (NBP) shall be decisive for the conversion of this liability:

The Services, including Access to Data Octopus, are provided for the duration of the Subscription Plan selected by the Customer.

Where a given Subscription Plan has been concluded for a fixed term, the Agreement in this respect shall terminate upon the expiry of the term of such Plan, unless the Customer orders a subsequent Subscription Plan.

In the case of a Subscription Plan concluded for an indefinite term, either Party may terminate the Agreement in respect of its performance upon one month's notice, effective at the end of a calendar month.

The Customer may cancel the Subscription Plan at any time, subject to the notice period provided for in these Terms and Conditions.

Cancellation may be submitted: a) by sending an e-mail to: hello@dataoctopus.io from the address assigned to the Customer's Account, or b) directly within the Data Octopus application under the appropriate tab ("Cancel subscription"), if available.

Cancellation becomes effective upon its electronic delivery to the Provider.

The Provider reserves the right to suspend the provision of the Services, in particular to block the Customer's Access to Data Octopus, including the Account, as well as to terminate the Service Agreement with immediate effect, in particular in the event of:

In addition, the Provider is entitled to immediately discontinue the provision of the Services to the Customer for important reasons, which the Parties understand to mean:

In the case referred to in Section 5 above, the Customer shall not be entitled to any claims against the Provider.

Information regarding the suspension of the Services or their termination may be communicated to the Customer electronically, including by means of notifications within the Service.

The User may submit complaints regarding the Data Octopus Services within 7 days from the date of occurrence of the cause for complaint.

Complaints may be submitted via electronic mail (email) to the following address: help@dataoctopus.io .

A response to the complaint will be provided to the User in the same form in which it was submitted.

Unless the Provider indicates a different timeframe, it shall respond to the complaint within 5 Business Days from the date of receipt; in exceptional cases, however, the response period may be extended to 10 Business Days.

If responding to the complaint requires obtaining additional data or information from the User, the Provider shall request the User to provide it. In such case, the deadline for responding to the complaint shall run from the date the documentation is supplemented.

The Provider ensures the performance of the Services with due diligence; however, the Provider shall not be held liable for any damages in any way related to the subject matter of the Agreement and the performance of the Services, nor for their direct or indirect consequences, beyond the liability expressly set forth in these Terms of Service. In particular, by accepting the Terms of Service, the Client acknowledges and agrees that the Services provided by the Provider within Data Octopus do not guarantee or ensure the achievement of any specific financial result, sales performance, economic result, business or organizational outcome, nor the achievement of any other financial parameters or other results assumed and expected by the User.

The Provider and the individuals or entities engaged by the Provider to perform the Services shall be liable to the Client solely for damage incurred by the Client directly as a result of the Provider's non-performance or improper performance of obligations arising from the Terms of Service or legal provisions solely due to willful misconduct or gross negligence, and within the limits of the actual damage incurred by the User. The Provider's liability to the Client for lost profits is excluded.

The fact that the act or omission from which the damage arose constituted non-performance or improper performance of a pre-existing obligation excludes the Client's claims for compensation on any other legal grounds, including tort.

The Client shall not be entitled to any claims against the Provider arising from third-party claims resulting from the User's use and exploitation of Data Octopus in its business activity or any other activity related to Data Octopus.

The Provider shall not be held liable for non-performance or improper performance of the services caused by force majeure, which is understood as events that could not have been foreseen and were caused by circumstances beyond the Provider's control, in particular such as: epidemic, war, fire, drought, flood, other natural disasters, new legal regulations, strikes, lockouts, lockdowns, and boycotts, hacker attack on the Website, provided that it possesses the character of force majeure.

In particular, the Provider shall not be liable for:

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

The Client represents that it is the Controller of personal data or has another legal basis for processing personal data, including entrusting its processing to the Service Provider.

The Provider represents that it has implemented appropriate technical and organizational measures to ensure that processing meets the requirements of the GDPR and the Personal Data Protection Act, and protects the rights of data subjects. A detailed description of the measures in question is set out in Appendix No. 2 to the Terms of Service.

The Client entrusts the Provider with the personal data specified in Section 4 below for processing for the purpose of performing the Services covered by the Terms of Service.

The Client entrusts the Provider with the processing of the following types of data:

Device ID;

The Provider provides services related to data processing for the duration of the Services covered by the Terms of Service.

Upon completion of the provision of services relating to processing, the Provider shall delete all personal data and copies thereof, unless further storage of such data is required by European Union or Member State law or the Provider and the Client agree otherwise.

The processing of data by the Provider is of a secondary nature.

Detailed description of the flow of information constituting personal data in connection with the performance of the Principal Agreement:

The provisions of the Terms of Service constitute documented instructions of the Client.

If the Client has selected tools and technologies for the performance of the Principal Agreement the use of which results in the transfer of personal data to a third country, the foregoing constitutes documented instructions of the Client.

The Client's consent to the use of service providers listed in Section 18 below shall also be deemed documented instructions of the Client.

Processing operations will be carried out within the Provider's IT environment and via tools selected by the Client available over the public Internet.

The Provider will process personal data by performing operations on personal data or sets of personal data, whether or not by automated means, such as:

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

The Client has the right to obligate the Provider to update the technical and organizational measures securing the entrusted personal data.

The Client is obliged to perform actions arising from generally applicable law in respect of inspecting the processing of personal data by the Provider.

The Provider undertakes to:

The Provider may entrust the processing of personal data to other processors with the prior general consent of the Client. The Client consents to the sub-processing of personal data by the entities specified in Appendix No. 1 to the Terms of Service.

The Provider shall in each case inform the Client, 14 days prior to engaging another processor, of: the intention to engage another personal data processor; the value associated with engaging the other processor; and the identity of such entity.

The Client has the right to object to the sub-processing of personal data to another processor within 14 days from the date of receipt of the notification from the Provider. In the absence of such objection, the Client shall be deemed to have consented to the sub-processing.

The Provider represents that it is aware of its liability towards the Client for the performance of obligations by another personal data processor pursuant to Article 28(4) GDPR, including for ensuring a legal basis for any further transfer of data processing to third countries.

The Provider shall authorize to process personal data only persons who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

The provisions of Sections 18–22 above in no way limit the Provider's right to grant authorizations to process personal data pursuant to Article 29 GDPR.

The Client hereby grants the Provider free-of-charge and indefinite consent to include its details, including its trademark or logo (logotype), in an announcement regarding the commencement of cooperation or in a client list, along with disclosing the fact of providing Services to such Client, on the Provider's websites, in social media, in the contractor list, in brochures, advertising, sales presentations, and any other advertising or marketing materials, and the Provider has the right to publish information in these channels regarding the execution and completion of the Services for the Client.

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., email).

The Terms of Service are continuously available on the Data Octopus website in a manner enabling their acquisition, reproduction, and recording of their content by printing or saving onto a data carrier at any time while browsing the Service website.

Unless indicated otherwise, all rights to Data Octopus, including proprietary copyrights, intellectual property rights to its name, Internet domain, website, infrastructure, and Data Octopus resources, as well as to other content, in particular to forms, logotypes, as well as photos, materials, descriptions, and others, belong to the Provider, and their use may only take place in a manner specified and compliant with the Terms of Service, the Agreement, and applicable legal regulations.

It is prohibited to copy, duplicate, modify, reproduce, or distribute any part of Data Octopus without the prior written consent of the Provider under pain of nullity, except in cases expressly permitted by applicable law and the Terms of Service. The Provider may take steps, including through legal proceedings, in order to protect its interests and those of third parties.

The settlement of any disputes arising between the Provider and the User shall be submitted to the court with jurisdiction over the registered office of the Provider.

In matters not regulated by these Terms of Service, the provisions of the Civil Code and other applicable provisions of Polish law shall apply.

The content of these Terms of Service is subject to change. The User will be informed of any amendments via information published on the Data Octopus websites, indicating the date of their entry into force. The effective date of the amendments will not be less than 14 days from the date of their publication.

If the User does not accept the new wording of the Terms of Service, they are obliged, within 14 days from the date of notification of the amendment to the Terms of Service, to give notice of termination observing the notice periods indicated in these Terms of Service, or in the absence of such a period, observing a 3-month notice period with effect at the end of the calendar month, provided that during the notice period, the existing provisions of the Terms of Service shall apply. Failure by the Client to terminate the Agreement within the time limit and in accordance with the preceding sentence is equivalent to acceptance of the new wording of the Terms of Service.

In the event that an amendment to the Terms of Service or prices (remuneration or components thereof) is related to changes in the provisions of applicable law or their interpretation, the Provider is entitled to introduce amendments to the Terms of Service or prices (remuneration or components thereof) that enter into force within a period shorter than that indicated in section 8 above, provided that the Provider is entitled to refuse acceptance of the changes, with the effect referred to in section 9 above.

If any provision of these Terms of Service is or becomes ineffective in whole or in part (for example, due to a change in legal provisions), this shall not affect the validity of the remaining provisions.

The assignment of claims and rights by the Client requires the consent of the Provider granted in writing under pain of nullity.

Communication between the Parties shall be conducted via electronic mail (email).

If these Terms of Service exist in a bilingual or multilingual version, then in the event of linguistic discrepancies, the Polish language version of the Terms of Service shall be exclusively binding.