Expanding Web | AI-Driven eCommerce Solutions

Terms And Conditions of using Expanding Web Platform

The parties are:

Marcin Dancewicz acting as a sole trader under the business name Expanding Web Marcin Dancewicz, address: ul. Malinowskiego 1, 59-600 Lwówek Śląski (Poland), having EU VAT number: PL6161455447,

further referred to as: “Expanding Web”,

and

The party submitting an application to become the Expanding Web User,

further referred to as : “User” or “You” .

These Terms and Conditions govern the use of the Platform by the User. By registering as the Expanding Web User, You agree to be bound by these terms of service (the “Terms and Conditions”). These Terms and Conditions are effective as of the date of the User’s registration in the Platform (i.e. creating the Account). Expanding Web’s Privacy and Cookies Policy regarding processing of the User’s Personal Data is available at https://expandingweb.com/privacy-and-cookies-policy

Definitions:
1. 1.1 “Account” – the account created in the Platform, enabling the use of Expanding Web’s Services.
2. 1.2 "Agreement" means the agreement on the basis of which the User is entitled to use the Services according to these Terms and Conditions.
3. 1.3 "Platform" – the SaaS (Software As a Service) application made available through the Website.
4. 1.4 "Consumer" means a natural person who performs a legal act not directly related to their business or professional activity with an entrepreneur/a company.
5. 1.5 "Applicable Data Protection Laws" means all the laws and regulations relevant to the collection, processing and storage of data, especially all data protection laws, including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”).
6. 1.6 "Magento" – the e-commerce platform on which the User may have its online shop implemented.
7. 1.7 "Magento module" – Expanding Web’s module that integrates the User’s online shop implemented on Magento with Expanding Web’s Platform.
8. 1.8 "Output data" means data (e.g. descriptions, SEO data) received by the User as a result of executed request.
9. 1.9 "Paddle" means Paddle.com Inc. whose office is at 54 W. 40th St., New York, NY, 10018, USA (where the User is purchasing the Services from within the United States) and Paddle.com Market Limited, incorporated in England and Wales with company number 8172165 (otherwise, for sales of the Services made in the rest of the world), all operating on the site: https://www.paddle.com/ . Paddle is a reseller of Expanding Web’s Services.
10. 1.10 "Personal Data" means any information relating to an identified or identifiable person as defined in Article 4.1 of the GDPR and in other Applicable Data Protection Laws.
11. 1.11 "Services" mean any services provided electronically within the meaning of the Act of July 18, 2002 on provision of electronic services by Expanding Web to the Users via the Platform, on the terms and within the scope of functionalities described in the Terms and Conditions.
12. 1.12 "Sole trader with consumer rights" means a natural person who performs a legal transaction with an entrepreneur/a company directly related to their business activity, where the content of such transaction indicates that it does not have professional nature for this person, based on the object of their business activity.
13. 1.13 "Submitted data" means data (e.g. information of online shop catalogue, website’s content) submitted by the User in the request.
14. 1.14 "Subscription" means purchasing the specific paid Services available in the Platform for a certain period of time through Paddle.
15. 1.15 "Website" – the following website: https://www.expandingweb.com/ .
The Account and the Subscription
1. 2.1 In order to become the user of the Platform, the User shall have full capacity to perform act in law and shall be either a natural person or an individual running a business as a sole trader or a legal entity. It is also mandatory to create the Account in the Platform. For this purpose, the User shall truthfully fill in the registration form available in the Platform requesting following mandatory data: name, email address and the password. The User must also agree to these Terms and Conditions and accept Expanding Web’s Privacy and Cookies Policy. After this the Account is created.
2. 2.2 When a person signing up to the Platform, acts on behalf of their employer or an entity, this person represents and warrants he/she has full legal authority to bind their employer or such other entity to these Terms and Conditions. In case of doubt, Expanding Web is entitled to demand proof confirming that the person is entitled to act on behalf of and for the User.
3. 2.3 To have access to the Account, the User shall confirm creating it via the provided email address. Expanding Web’s confirmation of creating the Account shall also include these Terms and Conditions and Privacy and Cookies Policy in .pdf format attached to the email. Once the registration process is completed, the Agreement between Expanding Web and the User is concluded, and subject to other terms of these Terms and Conditions, the User shall be able to access all available Services through the Platform.
4. 2.4 The User may also register by signing up through their Google, LinkedIn or other account if such option is made available by Expanding Web.
5. 2.5 After accessing the Platform, the User can purchase a Subscription through Paddle by providing the following details to Paddle: full name and address where the User acts as natural person and company/business name (including the User’s legal form), an address of the registered office or business address and TAX/VAT ID where the User makes a business purchase. Aforementioned data shall be consistent with the VIES database (if applicable). The User has full access to the Platform only if it purchases the Subscription.
6. 2.6 As a general rule, any User can have only one Account assigned to one e-mail address at the same time. If the person acting on behalf of one User, creates the new Account on behalf of another User, Expanding Web can refuse to provide Services for that other User at its sole discretion. The second User shall have no claims against Expanding Web related to refusal to provide Services
7. 2.7 The owner of the Account is the User that data is provided according to the point 2.5. of these Terms and Conditions and indicated on the Subscription receipt issued by Paddle. The User must not open a new Account if there is any outstanding balance for the Platform use. Expanding Web is obliged to start provision of the Services only if all due amounts are paid by the User.
8. 2.8 Without Expanding Web’s consent the User is not allowed to enter the data of other entity when purchasing another Subscription. Even if it does so, that does not mean a transfer of the Account’s ownership to this entity. In case of any change of that data as well as any other data provided by the User (including e-mail address), the User is obligated to provide Expanding Web with accurate data as well as send Expanding Web a documentation that proves such changes. Additionally, each User must have a bank account and provide credit card details to Paddle.
9. 2.9 Any User who does not make a purchase as the Consumer, is obliged to use its business credit cards with regard to chosen payment method. If such User chooses the consumer card instead of business credit card, it undertakes to repay Expanding Web all costs, expenses or lost benefits connected with payments made by a consumer card as well as it waives its right to claim damages, especially in the amount of commission paid in the higher amount that stated in the relevant law provisions.
10. 2.10 The User shall not permit any third party to use or gain access to the Platform and shall use reasonable security measures to protect it against unauthorized usage and/or access. The User is responsible for selecting and continuously managing its password and security settings to protect its Account and Account’s settings (including the use of API services, the User’s contact and payment information) from unauthorized changes. The User is entirely responsible for maintaining the confidentiality and secrecy of the User’s password and the Account’s security settings, as well as the User’s other information. All consequences of the User’s voluntary disclosure of password and Account information, as well as all activities that occur in the Account are the User’s responsibility (including the ones performed by its representatives). The User agrees to notify Expanding Web immediately of any unauthorized use of the User’s Account or any other breach of security.
11. 2.11 The User shall complete or edit their data in the Account as to make it up-to-date.
Description of the Services
1. 3.1 The Platform enables the User to connect the Expanding Web’s API with the User’s online shop to use artificial intelligence (AI) to e.g. generate description for User’s products and categories, create search engine optimization (SEO) data or to use any other Services offered through the Platform.
2. 3.2 In order to use the Expanding Web’s Services, the User shall first purchase the Subscription through Paddle. The Subscription model can be based on the number of requests or tokens and is billed based on the number of received tokens. The chosen Subscription plan can be upgraded and the new Subscription begins at the moment of upgrade. The chosen Subscription plan can be downgraded at the end of its validity and it is not subject to refund.
3. 3.3 If not part of Your Subscription, Expanding Web is not obligated to provide You with any technical support regarding the functioning of the Platform but may choose to do so on its sole discretion. In that event, technical support shall be delivered in English or Polish based on the Account data of the User, and refers to the working days Monday through Friday, from 9:00 to 17:00, Central European Time. Detailed information on technical support is available in “Support” tab in the User’s Account. The requests for support can be sent on the following email address: [email protected].
4. 3.4 Expanding Web reserves the right to maintenance breaks which may cause inaccessibility of the Platform for a period not exceeding 48 (forty-eight) hours during such break as well as to ad hoc breaks caused by the external providers inaccessibility.
5. 3.5 The User acknowledges that using the Platform means that it has read and understood the Terms and Conditions and agrees to comply with them.
6. 3.6 The User acknowledges and agrees that Expanding Web also concludes agreements for provision of Services with other entrepreneurs or business entities that may be the User’s direct competition.
7. 3.7 The Platform can be integrated with other software of external service providers as such availability is provided by Expanding Web. The User is obliged to abide by the terms of service of aforementioned providers as well as their privacy policies.
8. 3.8 The Account can be deleted directly by the User through the “Profile” tab. The above means no access to the Services by this Account from the moment of its deletion as well as immediate termination of the valid Subscription.
9. 3.9 Minimum time period set for the Consumer’s obligations under the Agreement is one month.
10. 3.10 On an individual basis Expanding Web reserves the right to sign an additional agreement in particular with Users who choose Enterprise Subscription or if the Subscription is individually agreed.
Technical Requirements and Security Measures
1. 4.1 Using the Platform requires the following: (i) electronic device that enables web browsing, (ii) an Internet connection and active email address, (iii) a web browser i.e. Mozilla Firefox 107 (or later), Google Chrome Version 109.0.5414, Official Build, 64-bit (or later), Safari 15.6 (or later), (iv) a Javascript enabled, (v) necessary cookies enabled and (vi) the SSL secure data transmission protocol enabled. Please note that if you use older browser versions (e.g. Internet Explorer 6) or disable Javascript, cookies or SSL, you may not be able to access all the functions or some parts of the Platform.
2. 4.2 To use all functionalities available on the Platform, the User has to log into the Platform and create an API token through it. The User undertakes to use a valid API token given by Expanding Web in accordance with these Terms and Conditions, especially in accordance with section 10. In order to integrate the User’s online shop with the Platform, the User has to attach the created token to a request as a bearer token.
3. 4.3 To integrate with Magento, the User has to first install a module available on the Website or at following sites: https://marketplace.magento.com/ and https://github.com/Expanding-Web/magento-ai.
4. 4.4 Expanding Web hereby informs that in the event of the User’s or other person’s changes in the User’s operating system, individual configuration of the User’s electronic device, installation (or use) of another software which may affect the operation of the Platform on the User’s electronic device, the Platform may not operate or operate incorrectly. Expanding Web informs that in such cases the use of the Platform may not be possible or the ability to use the Platform may be restricted.
5. 4.5 All costs of the Internet connection shall be borne by the User in accordance with the provisions of the agreement concluded between the User and their Internet service provider.
6. 4.6 The Platform provided by Expanding Web is designed exclusively for the electronic devices consistent with the technical requirements described in these Terms and Conditions. Installation and use of the Platform on the electronic devices not consistent with the requirements described in the Terms and Conditions may lead to incorrect operation of the Platform and the inability to use it by the User.
7. 4.7 Expanding Web informs that it distributes the Platform only through the Website. The User undertakes not to use the Platform through an interface other than provided by Expanding Web which could entail a risk of integrity violation and connection with malicious software, thus compromising the security of the User’s electronic device and data stored therein.
8. 4.8 Subject to the provisions of the preceding clause, the use of the Platform does not increase the security risks of the User’s electronic device. Data sent to and from the User is encrypted using the SSL protocol (green padlock), via https.
9. 4.9 The Platform uses a PHP web application framework – Laravel, an opensource technology which is licensed according to terms of MIT license which legal text is available here: https://laravel-guide.readthedocs.io/en/latest/license/. The User is bound by the aforementioned license and obliged to abide by it.
10. 4.10 The User is obliged to use security measures provided by Expanding Web, including strong password or two-factor authentication (if available).
The User’s obligations
1. 5.1 The User is obliged to keep all the information in the Platform, including but not limited to their identity, accurate, true and up-to-date.
2. 5.2 The User is obliged to abide by any law to which the User is subject.
3. 5.3 The User agrees that any complaints regarding the User’s activity in the Platform shall be handled directly by the User and if such complaints were addressed to Expanding Web, it shall forward them to the User.
4. 5.4 During the use of the Services, it is prohibited for the User to provide to the Platform or through the Platform the content (especially Submitted data) of an unlawful nature, including in particular that: (i) constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third-party right or is threatening, harassing or malicious (ii) violates any applicable law, ordinance, rule, regulation or treaty, (iii) is contrary to principles of community life, good manners and generally accepted principles of conduct, (iv) support or preach radical social attitudes, in particular all kinds of discrimination on the grounds of sex, age, disability, race, religion, nationality, political or social beliefs, trade union memberships, ethnic origin, religion, sexual orientation (v) have racist nature, (vi) incite to commit a prohibited act, crime (offense) or violation of the rights of other people, (vii) provides or submits data and information fabricated in a manner that poses a risk of compromising the security of Expanding Web’s IT systems or the stability of the Platform or (viii) that violates any property of Expanding Web, the User or any third party, especially intellectual property rights.
5. 5.5 The User is not authorised to send Personal Data (including images) of other persons to the Platform. The User declares that the sharing of the User’s own personal data, images and information within the Platform has been performed legally and voluntarily.
6. 5.6 If the User or third party becomes aware of the content which violates the provisions of the Terms and Conditions, third party rights (including but not limited to author’s economic and moral rights) and the provisions of applicable law, the User or third party shall immediately report this information to Expanding Web by the following email address: [email protected].
7. 5.7 The User undertakes not to disclose the details of their Account or allow access thereto to third parties and shall use reasonable security measures to protect against unauthorized usage and/or access. In the event of suspicion that any unauthorized party has gained access to the details of the User’s Account, the User shall immediately inform Expanding Web.
8. 5.8 The User has to comply with applicable third party terms of services when using the Platform, especially Paddle’s terms and conditions, as well as their privacy policies.
9. 5.9 The User is obliged and declares that it has obtained and has all the necessary approvals, licenses, concessions, registrations, permits or authorizations of any state entity or body required in connection with the conducted activity. Expanding Web may demand evidence in this regard at any time.
10. 5.10 During the term of the Agreement, the User may not engage in any activity that is harmful to the Expanding Web’s business activities, values or goodwill.
11. 5.11 The User is solely responsible for any person who has been given an access by the User to its Account and all that person activities within the Platform. These persons always act for and on behalf of the User and are obliged to perform their activities in consultation with and in accordance with the instructions of the User. All provisions applicable to the User, including those relating to its rights and obligations, apply to the aforementioned persons’ activities, rights and obligations within the Platform and in relation to Expanding Web.
Payments
1. 6.1 Payments are made directly to Paddle and the User purchases the Subscription from Paddle and not the Expanding Web. Before the User purchases its first Subscription, the User is obliged to choose a payment method offered by Paddle and provide all payment details to Paddle as well as to read and accept Paddle’s terms of service and privacy policy. Subscriptions are paid in advance.
2. 6.2 The fees of each Subscription are indicated on the ‘Pricing Table’ available on the Website.
3. 6.3 The Subscription shall renew for a corresponding period. Earlier cancellation of the Subscription does not result in a refund of the paid fee and the Subscription lasts for the entire period for which it was purchased. If the User does not want the Subscription to be renewed, the User shall cancel the Subscription before the term of its next renewal.
4. 6.4 The User may be able to use all or only some Services for free for a trial period if such possibility is made available by Expanding Web. The free trial period may end after the time specified by Expanding Web or after the limit of free requests has been reached. After the trial period ends, the User loses the access to the Platform. If the User wants to continue to use the Platform, the User has to purchase the Subscription through Paddle.
5. 6.5 By purchasing the Subscription, You hereby authorizes Paddle to charge the fees and payments from Your credit card when due and according to Paddle’s terms of service. In particular You agree to charge the payment card recurrently in a fixed Subscription amount for the period for which the Subscription was purchased.
6. 6.6 All payments under this Agreement shall be made by the User in the currency available according to the Paddle payment process. After the successful purchase of the Subscription, the User is provided with the Subscription receipt.
7. 6.7 If the User claims that any payment obligation is incorrect, the User shall immediately notify Paddle. The above does not release the User from the obligation to pay the required amounts to use Services.
8. 6.8 Some transactions may demand Strong Customer Authentication (SCA), which means that electronic payment is performed with multi-factor authentication to increase the security of such a payment. The type of used multi-factor authentication as well as demanding SCA in any case depends on the Paddle’s policy. The implementation of requirements regarding SCA may also lead to processing an increased amount of the User’s Personal Data and transferring the increased amount of the one by Paddle to Expanding Web, so it is recommended to the User to respectively review the privacy policy of Paddle as well as the Privacy and Cookies Policy of Expanding Web.
Modifications of the Agreement
1. 7.1 Expanding Web is entitled to modify the Terms and Conditions binding the User. Expanding Web shall be entitled to amend the provisions of the Terms and Conditions for the following significant reasons:
  1. the necessity to adapt the Terms and Conditions to the applicable law or to changes in the applicable law concerning or affecting the provisions of the Services;
  2. the necessity to adapt the Terms and Conditions to the best practices related to the provision of the Services, including best practices for the protection of the User’s rights;
  3. the necessity to adapt the Terms and Conditions to a recommendation, interpretation, judgement, ruling or decision of the public authority or court ruling concerning or affecting the provision of the Services;
  4. the introduction of new Services or change of the scope or conditions of the Services provided by Expanding Web;
  5. the changes regarding the technical requirements for the provision of the Services;
  6. the changes regarding the conditions and requirements of using the Services.
  7. the introduction of payments or changes in payments for the provision of the Services already being used by the User (however, changing the price list in the ‘Pricing Table’ available on the Website does not constitute a change to the Agreement and the User purchasing the new Subscription is bound by the current fee indicated on it);
  8. the change of the details concerning the entities indicated in the Terms and Conditions (e.g. the change of Expanding Web’s data).
2. 7.2 Expanding Web shall notify the User of changes in the Terms and Conditions via the Platform and email address provided by the User.
3. 7.3 The notification shall include the effective date of the changes and shall be given to the User at least 14 (fourteen) days prior to the planned implementation of the changes.
4. 7.4 The notification shall include the content of the changes and the consolidated text of the Terms and Conditions in a form allowing the User to store and retrieve it in the regular course of actions.
5. 7.5 The amended Terms and Conditions shall bind the User if the User does not terminate the Agreement within 14 (fourteen) days from the date of receiving the information about the changes.
6. 7.6 If the User terminates the Agreement within the aforementioned period according to point 7.5., the Agreement expires at the end of the last day of active Subscription according to the terms of the Agreement and to the end of the Agreement the last accepted version of the Terms and Conditions shall apply. The User can still use their Account, however the User shall not be able to purchase new Subscriptions in that period.
7. 7.7 If the conditions provided in clause 7.5. are not fulfilled, the Agreement shall not be terminated and the User represents that they accept the changes to the Terms and Conditions.
8. 7.8 In the event of non-material changes to the Terms and Conditions (e.g. editorial changes, correction of obvious typographical errors), such changes shall be deemed effective upon posting a notice on the Platform.
Duration and termination of the Agreement
1. 8.1 These Terms and Conditions are effective as of the date the User registers on the Platform and accepts the conditions stated herein. The Agreement is concluded between the Parties at the same time. After the aforementioned actions of the User, the Account is created by Expanding Web. This means that by participating in or using the Services or features of the Platform, you are agreeing to be bound by the Terms and Conditions. You further agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Services shall be subject to and shall abide by these Terms and Conditions.
2. 8.2 The Agreement regarding free Services (e.g. creation and maintenance of the Account, sending the newsletter) is concluded for an indefinite time period. The paid Services purchased through Paddle are provided by Expanding Web to the User for a period corresponding to the term for which the Subscription lasts.
3. 8.3 Any User can terminate their Agreement concluded with Expanding Web by deleting their Account at any time without giving any reason according to point 3.8.
4. 8.4 In the event of any termination, the User shall not be entitled to any refunds of any fees except as provided in these Terms and Conditions or in a separate refund policy of Expanding Web, Paddle’s terms of service or by applicable law. If in any case Expanding Web refunds the User its payment for the Subscription, such Subscription shall terminate immediately after the refund is paid.
5. 8.5 Subject to point 8.7. Expanding Web may terminate the Agreement at any time by a declaration submitted to the User electronically to the email address assigned to the User’s Account without earlier notice. Active Subscriptions shall be refunded unless termination is caused for reasons on the part of the User.
6. 8.6 Subject to point 8.7. Expanding Web is entitled to suspend the User’s access to the Platform for any time according to its discretion, especially for the following reasons: (i) the User breaches the Terms and Conditions or there is a suspicion of such breach, (ii) the User conducts activities that do not fully comply with all applicable local, state, federal and foreign laws, rules and regulations or there is a suspicion of such activities, (iii) in case of delay in payment to Expanding Web for any Services provided by Expanding Web (if apply). If aforementioned suspicions were refuted, Expanding Web shall restore the User’s access to the User’s Account and the Platform. Otherwise Expanding Web is also entitled to terminate the Agreement at any time, without advance notice. Regardless of the circumstances such suspension or termination by Expanding Web shall not give rise to liability.
7. 8.7 If this Agreement is concluded with the Consumer or the Sole Trader with consumer rights, Expanding Web can only suspend the User’s Account or terminate the Agreement due to the significant reason and if the User does not cease the breach concerned, despite the 7 (seven) day period set by Expanding Web to do so. A significant reason constituting grounds for termination of the Agreement shall be:
  1. violation of the provisions of law, social norms or the rights of third parties by the User;
  2. violation of the provisions of the Terms and Conditions, including in particular: (i) providing illegal and prohibited content (including Submitted data), (ii) providing false details regarding the User’s Personal Data including payment details, (iii) any activity of the User that is harmful to Expanding Web’s business activities, values or goodwill;
  3. the User’s breach of the terms of the licence granted for the Platform or the Magento module;
  4. performance of actions which infringe or threaten the security of the Platform by the User;
  5. permanent discontinuation of the provision of the Services or a change of the scope of the Services by Expanding Web;
  6. a court judgement or a decision of the public authority.
8. 8.8 Any outstanding balance for the use of the Expanding Web’s Services rendered through the date of termination, and other obligations unpaid by the User shall be immediately due and payable by the User in full.
Complaints
1. 9.1 The User’s complaints regarding Expanding Web’s Services shall be submitted to Expanding Web’s email address: [email protected].
2. 9.2 The complaint should contain a description of Expanding Web’s misconduct and email address assigned to the User’s Account.
3. 9.3 All complaints shall be handled within a reasonable timeframe, not exceeding 14 (fourteen) days. Information on the acceptance or rejection of the complaint along with its justification is sent to the User’s email address provided in their Account.
4. 9.4 In the event of refusal to consider a complaint in accordance with the method proposed by the User or failure to consider the complaint within 14 (fourteen) days from the date of its receipt by Expanding Web, the User shall have the right to pursue a claim in court.
5. 9.5 If Expanding Web has not responded to the complaint of the User who is the Consumer or the Sole trader with consumer rights within the time limit referred to in point 9.3., it is considered that the complaint has been accepted.
6. 9.6 The User who is the Consumer, at any time during the complaint procedure before Expanding Web, can request for the issue being the subject of the complaint procedure to be resolved by a third party and for this purpose: (i) apply to the mediator or institutions before which the mediation proceedings will take place with a request to conduct mediation, or (ii) apply to the institution before which the arbitration proceedings will take place with a request for consideration of the case by the arbitration court, or (iii) seek help from the appropriate municipal or county consumer advocate. For the avoidance of any doubt, the instruction included above does not constitute an arbitration clause or an automatic consent of Expanding Web to participate in mediation or arbitration proceedings.
7. 9.7 Expanding Web hereby informs the Users who are the Consumers about the possibility of using the European ODR platform, facilitating the independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes between the consumers and entrepreneurs via the Internet. The ODR platform is available at: http://ec.europa.eu/odr .
Intellectual Property Rights
1. 10.1 All Intellectual Property Rights in or related to the Platform and the Magento module and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Expanding Web. “Intellectual Property Rights” shall mean copyrights, patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how, algorithms, methods of computation and data processed for proper functioning of the Expanding Web’s software (especially any data of statistical nature) and any other form of registered or unregistered intellectual property rights.
2. 10.2 Expanding Web grants the User a non-exclusive, non-assignable, and non-transferable right to use the Platform in accordance with all of the conditions set forth herein. All rights not expressly granted hereunder are reserved by Expanding Web.
3. 10.3 The User’s rights and obligations under the licence granted by Expanding Web are as follows:
  1. The User has a non-exclusive and non-transferable right to display and use the Platform and the Magento module on the electronic device;
  2. The right to use the free functionalities is limited in time and continues until the termination of the Agreement;
  3. The right to use paid functionalities is limited in time and lasts within valid Subscription period;
  4. The User may exercise their rights, including the use of the Platform and the Magento module, only personally or if entity by an authorized employee or other person (through the User Account);
  5. The User may use the documentation accompanying the Platform and the Magento Module only for the proper performance of the Agreement;
  6. The User undertakes to use the Platform and the Magento Module in a manner that is consistent with all laws that apply to the User and jurisdiction under which it is subject as well as with all laws that apply to the Platform due to Expanding Web’s territorial jurisdiction, including but not limited to applicable copyright and other intellectual property restrictions.
4. 10.4 The User shall not: (i) use or attempt to use another User’s Account and/or access another User’s data through the Platform or the Magento Module; (ii) rent, lease, sublicense, distribute, transfer, copy, modify or create derivative works of the Platform or the Magento module or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or the Magento Module or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in the Platform or the Magento module; (vi) collect, use, copy, or transfer any information obtained from the Platform or the Magento Module without the consent of Expanding Web; (vii) use bots or other automated methods in the Platform or in the Magento module; (viii) create the Account in the Platform using a fake identity or an identity of another person or entity; or (ix) access the Platform or the Magento module through the interfaces not provided by Expanding Web, (x) copy, distribute or isolate the components of the Platform or the Magento module and create products based on the Platform or the Magento module (derivative works), (xi) use the Platform or the Magento module for a purpose other than indicated in these Terms and Conditions, (xii) attempt to reverse engineer the source code of the Platform or the Magento module by decompilation or in any other way, unless permitted to do so by law, which to the extent applicable expressly override this provision.
5. 10.5 If the Platform or the Magento module are used by the User in contradiction to the conditions set out in these Terms and Conditions and the User fails to cease the violations within 7 (seven) days of being requested to do so by Expanding Web, then the rights described in point 10.3 above are terminated immediately after this term expires.
6. 10.6 The User’s material (including tradenames, logotypes) are and shall remain their sole and exclusive property, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto.
7. 10.7 The User grants to Expanding Web a worldwide, royalty-free, sublicensable, and transferable right to use, display, publish and store the User’s material within the Platform as well as to transfer it to external providers in the range and for the purposes of the Services provided, especially to be given the Output data.
8. 10.8 The User also grants to Expanding Web a worldwide, royalty-free, sublicensable, and transferable right to use, display and publish the User’s tradenames, logotypes or other trademarks of the User on Expanding Web’s websites and accounts in social media for promotional and marketing purposes of Expanding Web for the duration of the Agreement and 3 years after it ends.
Confidentiality
1. 11.1 The User agrees to safeguard and, except Expanding Web’s written consent, not to disclose to anyone any proprietary or confidential information acquired in relation to the User’s access to the Platform. Such information includes, without limitation, Personal Data, principles of operations of the Platform, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds (“Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not include information or material that (i) is publicly available or becomes publicly available through no action or fault of the User and any other person or entity, (ii) was already in the User’s possession or known to the User prior to being disclosed or provided to it by or on behalf of the other party as evidenced by written documentation in User’s possession prior to receipt the Confidential Information, provided, that, the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to Expanding Web or any other party with respect thereto, (iii) was or is obtained by the User from a third party, provided, that, such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to Expanding Web or any other party with respect to such information or material, or (iv) is independently developed by the User without reference to the Confidential Information.
2. 11.2 The User shall not sell, transfer, publish, disclose, display, or otherwise make available any portion of the Confidential Information to others except as expressly provided for herein. The User agree to secure and protect the Confidential Information in a manner consistent with the maintenance of Expanding Web’s rights therein. The User shall use its best efforts to assist Expanding Web in identifying and preventing any unauthorized access, use, copying, or disclosure of the Confidential Information, or any component thereof, or any of the algorithms or logic contained therein. Without limitation of the foregoing, the User shall advise Expanding Web immediately in the event the User learns or has reason to believe that any person to whom the User has given access to the Confidential Information has violated or intends to violate the confidentiality of the Confidential Information or any other proprietary rights of Expanding Web, and the User shall, at the User’s expense, cooperate with Expanding Web in seeking injunctive or other equitable relief in the name of the User or Expanding Web against any such person. The User agrees to maintain the confidentiality of Expanding Web’s Confidential Information using at least as great a degree of care as the User uses to maintain the confidentiality of the User’s own most confidential information (and in no event less than a reasonable degree of care). Especially, the User is obliged to conclude non-disclosure agreements with any person that has access to the User’s Account, which content shall allow for objective protection of Confidential Information. The User acknowledges that the disclosure of any aspect of the Confidential Information or any information which, at law ought to remain confidential, shall immediately give rise to continuing irreparable injury to Expanding Web inadequately compensable in damages at law, and Expanding Web is entitled to seek and obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies which may be available. In addition, Expanding Web may immediately terminate the User’s Account and all license rights granted herein, in the event the User breaches any of its confidentiality obligations.
3. 11.3 The disclosure of the Confidential Information is not a breach of these Terms and Conditions if it was made due to the demand of common courts, administrative courts, public authorities due to the obligation stipulated by the provisions of applicable law and the User notifies Expanding Web immediately about this obligation and in any case before the disclosure and discloses the Confidential Information only in the least possible extent.
4. 11.4 The User is obliged to keep confidentiality of the Confidential Information during the term of the Agreement and for 20 (twenty) years after its termination.
5. 11.5 Expanding Web agrees to safeguard and, except the User’s written consent, not to disclose to anyone any proprietary or confidential information acquired in relation to the User’s access to the Platform. The Parties hereby jointly agree that anonymous data collected through the Platform by Expanding Web are not confidential information or trade secrets of the User and may be used to perform other services by Expanding Web as well as to develop existing ones, to which the User hereby agrees.
Liability
1. 12.1 The provisions of this paragraph do not apply to the Users being Consumers or Sole traders with consumer rights, if they are inconsistent with the general provisions on liability provided for in the Polish Civil Code. In such a case, the provisions of the latter shall apply.
2. 12.2 If the User is not the Consumer or the Sole Trader with consumer rights, Expanding Web is only liable for the acts resulting from the intentional fault of Expanding Web.
3. 12.3 Unless applicable law prohibits it, Expanding Web shall not be liable in any way for any loss of profits, revenues, sources of income or data, damage to property, business disruption, loss of commercial data or any other direct or indirect damage. The reservation set out in the above sentence applies regardless of the cause of the damage and whether any claim was made on the basis of the Terms and Conditions, tort law or on any other basis, and whether it was reported in connection with the use or inability to use the Platform. This reservation also applies when Expanding Web has been notified of the possibility of damage.
4. 12.4 Expanding Web is not liable in particular for:
  1. the User's actions or omissions that violate the law or the provisions of the Terms and Conditions;
  2. actions or omissions of Internet service providers or the external providers as well as failures and disruptions in the operation of the Internet network through which the User uses the Platform or the Platform itself due to the abovementioned circumstances;
  3. any damage to the User resulting from incorrect read or write of information on the part and the fault of the User,
  4. the manner in which the content published in the Platform or the Output data will be used by the User or other persons,
  5. the manner in which Expanding Web’s Services will be used by the User,
  6. loss of data caused by hardware or system failure or other circumstances for reasons beyond the control of Expanding Web,
  7. the User’s inability to use the Platform or any loss incurred by the User caused by such inaccessibility,
  8. the use of anonymous data derived from the Platform.
5. 12.5 The User is solely liable for ensuring that any information they provide to or through the Platform is accurate, complete and up to date as the Output is based on the information provided. Expanding Web is not liable to and will not verify the information provided by the User.
6. 12.6 Expanding Web provides Services only on behalf of the User and therefore is not a party to the agreements concluded between the User and other persons (e.g. clients of the Users’ sites or online shops). Expanding Web is not liable and is unable to assume any liability for the failure to perform or negligent performance of such other persons’ obligations or obligations toward these persons.
7. 12.7 Expanding Web shall not be liable for the inability to provide the Services to the User as a result of force majeure. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of Expanding Web affected and which by the exercise of reasonable diligence Expanding Web was unable to prevent e.g. riot, war, invasion, act of foreign enemies, hostilities, terrorism, flood, fire or other physical natural disasters, epidemic, act or actions of government or shortage of materials or supplies.
8. 12.8 Copying the content contained in the Platform or using it by the Users contrary to these Terms and Conditions may result in infringement of the copyrights of Expanding Web or third parties or entities and may result in claims of these persons or entities related to the infringement of their copyrights.
9. 12.9 The User agrees that it shall be responsible for all activities that arise from the activities on its Account, whether initiated by the User or other person even on the User’s behalf and Expanding Web shall be entitled to rely on any requests which have been initiated from the User’s Account. Expanding Web disclaims any liability for any activity in the User’s Account, whether initiated or authorized by the User or not, unless it is Expanding Web’s intentional fault. Subject to Expanding Web’s intentional fault, the User is solely responsible for use of the Platform by its employees, co-workers or any unauthorized person and the User is liable for them as for its own actions.
10. 12.10 If Expanding Web prevails in any action, suit, or proceeding arising from or based upon these Terms and Conditions, Expanding Web shall be entitled to recover from the User Expanding Web’s reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding.
Indemnification
1. 13.1 Subject to point 13.2 below, the User shall indemnify, defend, and hold harmless Expanding Web and its subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) from and against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, reasonable attorney fees, accounting fees, and expert witness fees) incurred by Expanding Web, known or unknown, contingent or otherwise, directly or indirectly arising from the User’s breach of any term or provision of these Terms and Conditions or any way related to the User’s use of the Platform. Expanding Web shall notify the User of any such claim and shall cooperate with the User, at the User’s expense, in defending or settling such claim. The User must not settle any such claim in a manner that imposes any non-indemnified costs or otherwise adversely affects Expanding Web’s rights without Expanding Web’s prior written consent. Expanding Web may join in defense with counsel of its choice at its own expense. If the User does not assume the defense of any such claim within thirty (30) days after the date notice of such claim is given, Expanding Web may defend against such claim in such manner as it may deem appropriate at the User’s expense, including, without limitation, settling such claim, after giving notice of the same to the User.
2. 13.2 The User who is the Consumer or the Sole trader with consumer rights agree to indemnify and hold Expanding Web and its subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of such User’s: (a) use of the Platform; (b) violation of the Terms and Conditions or any law or regulation; or (c) violation of any right of a third party, if it was caused by the fault of the User and up to the amount of damage suffered by Expanding Web in connection with this faulted activity or omission.
Disclaimer of warranties
1. 14.1 THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED AND EXPANDING WEB SPECIFICALLY DISCLAIMS THE WARRANTIES REGARDING THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
2. 14.2 EXPANDING WEB DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES PROVIDED BY THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE (ESPECIALLY THE ONES PROVIDED BY THE EXTERNAL PROVIDERS), THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED OR THAT THE PLATFORM WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
3. 14.3 The User agrees that Expanding Web has no obligation to provide any updates, upgrades, patches, bug fixes or other modifications of the Platform, but can provide them on its sole discretion. Expanding Web has also no obligation to provide or enable any particular features or functionalities of the Platform which can be modified or deleted by aforementioned modifications. The User further agrees that all updates or any other modifications shall be deemed to constitute an integral part of the Platform, and shall be subject to the provisions of these Terms and Conditions. The Platform will be updated to the latest version automatically without the separate consent of the User. In particular, it is possible to change and update individual functionalities of the Platform or make these functionalities available only while using the Platform. Expanding Web will inform the User when the update is necessary. In the event that the User does not use the updates/patches provided by Expanding Web, the Platform may not work properly and the User may be deprived of access to the entire Platform or some of its functions.
4. 14.4 If you are the Consumer or the Sole Trader with consumer rights, depending on the country or region you reside in, the laws of that region or country may not allow the exclusion of warranties to apply to you to the extent stated above.
Newsletter subscription
1. 15.1 If the User or other person agrees to receive commercial information, Expanding Web also provides the service of sending a newsletter.
2. 15.2 Expanding Web makes available this Agreement before signing up for the newsletter by the User, in such a way that it can be downloaded, saved or printed.
3. 15.3 In order to start providing the newsletter Service, the User or other person provides its e-mail address and name, agrees to the processing of the above data in order to receive the newsletter and clicks the "Subscribe" button. By clicking the “Subscribe” button, the User or other person declares at the same time that it has read the Agreement and the Privacy and Cookies Policy and accepts the provisions contained therein.
4. 15.4 The User or other person shall confirm the subscription to the newsletter by clicking on the activation link that Expanding Web will send to their e-mail address. Confirmation of the subscription will result in adding the User to the list of subscribers’ database and starting the provision of the Service.
5. 15.5 The Service is provided for an indefinite period and may be terminated at any time by either Party. The User or other person unsubscribing from the list of subscribers means withdrawal of consent to the sending of commercial information and results in the automatic termination of the Service. However, Expanding Web may stop sending the newsletter, in particular, if the User or other person has not opened any message from Expanding Web for at least a year from the start of the newsletter Service or reading the last e-mail (sent newsletter). In such a case, Expanding Web will also remove the data from the system for sending the newsletter without separate notification to the subscriber.
6. 15.6 Expanding Web may also change the subject of the newsletter or the frequency of publishing the newsletter at any time.
7. 15.7 The remaining provisions of the Agreement shall apply to the newsletter Service. In particular, subscribing to this Service is possible provided that the subscriber meets the technical requirements set out in section 4 above.
8. 15.8 If the subscription to the newsletter is directly related to the delivery of free digital content, a person who does not want to consent to the processing of their personal data in order to use the newsletter Service, but wants to receive the given digital content, has the option of concluding an agreement for delivery of digital content, under which it will be obliged to pay the price for this content. For this purpose, please contact the Expanding Web at the e-mail address: [email protected] .
Verification process of the User’s opinions
1. 16.1 These provisions govern the rules for adding, publishing and verifying opinions regarding digital content or Services offered by Expanding Web, posted on the website or on Expanding Web's social media accounts.
2. 16.2 Expanding Web places opinions or fragments of opinions of persons after prior verification whether the person is Expanding Web’s User or has used the given Services.
3. 16.3 If it is possible to post opinions on a given social networking site used by Expanding Web, all opinions, both positive and negative, are published. The indicated opinions are not subject to verification by the owners of social networking sites, but are subject to subsequent verification by Expanding Web.
4. 16.4 For the verification referred to in point 17.2 and 17.3 above, Expanding Web shall determine the compliance of the data of the person who issued the opinion with the register of User’s data (including the compliance of the name, surname and e-mail address), or of persons who used the Services.
5. 16.5 In the event that the Expanding Web determines that the person issuing the opinion is not its User or has not used the Services, it will ask that person for proof that he/she purchased the Subscription through Paddle, and in the absence of such proof, remove the opinion or contact the appropriate entity for this purpose.
6. 16.6 Expanding Web may also remove or modify the opinion (or request such modification from the appropriate entity) if the opinion: (i) is untrue or misleading or contains untrue statements of facts; ii) infringes or limits the rights of third parties, and in particular infringes copyrights, trademarks, other intellectual property rights or the right to the image, as well as the obligation of confidentiality; iii) is against the law, decency, in particular is offensive, contains threats, is defamatory, contains or incites to hate speech, discriminates, or slanders; iv) contains embedded links to external websites, e-mail addresses, website addresses, messenger numbers, product prices; v) is reproduced or duplicated by a person; vi) requires removal due to a cease and desist order against a third party; vii) concerns Services, that is no longer available.
7. 16.7 Published opinions are not sponsored and are independent of the contractual relationship between the User and Expanding Web.
Final provisions
1. 17.1 The Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Poland.
2. 17.2 Any litigation based hereon, or arising out of, under, or in connection with these Terms and Conditions shall be brought and maintained exclusively in the court competent for Expanding Web’s business seat, unless the User is the Consumer or the Sole Trader with consumer rights and otherwise provided by the applicable provisions of the Polish law.
3. 17.3 Unless the Agreement is concluded with the Consumer or the Sole Trader with consumer rights, Expanding Web shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Expanding Web’s Services without the User’s prior consent. In that case, the User shall also not be entitled to assign any of its rights or obligations hereunder in whole or part.
4. 17.4 If any provision of the Terms and Conditions is found to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable it shall be so narrowly drawn, without invalidating the remaining provisions of the Terms and Conditions or affecting the validity or enforceability of such provision.
5. 17.5 The Terms and Conditions are available free of charge on the Expanding Web’s Website. The User can read the content of the Terms and Conditions, print, record and reproduce them by any technique in order to store and read their content.
6. 17.6 To all matters not covered by these Terms and Conditions, provisions of law generally applicable in the Republic of Poland shall apply including in particular the provisions of the Act of May 30, 2014 on Consumers Rights, the Act on July 18, 2002 on Providing Services by Electronic Means, the Act of February 4, 1994 on Copyright and Related Rights and the Act of April 23, 1964 – the Civil Code.
7. 17.7 The provisions of the Terms and Conditions do not infringe the rights of the Consumers and Sole Traders with consumer rights resulting from applicable law, which applies first, before the provisions of the Terms and Conditions. If any provision of these Terms and Conditions is contrary to the statutory rights of the Consumers or the Sole Traders with consumer rights, such provision cannot be interpreted in a way that violates these rights.
8. 17.8 In case of any questions regarding this Terms and Conditions, the User may contact Expanding Web using the address of the business seat of Expanding Web:
  
  Expanding Web Marcin Dancewicz
  address: ul. Malinowskiego 1
  59-600 Lwówek Śląski (Poland)
  
  or by email address: [email protected] and by phone number: (+48) 693 868 369.