Terms & Conditions

§ 1

General

These Terms and Conditions form a model contract and define the terms, conditions and manner of provision of the Service by the Service Provider to the User. The User must read and accept these Terms and Conditions to take advantage of the Service. By clicking the “send results” button you accept these Terms and Conditions.

The service within the Application is provided without territorial or temporal restrictions. The Service Provider’s time zone is CET (Central European Time).

These Terms and Conditions are effective from 26 May 2020.

The terms used in these Terms and Conditions have the following meaning:a. Service Provider – Blastoff, with its registered office at Kraijenhoffstraat 137A, Amsterdam, North Holland, 1018RG Netherlands, entered into the Register of Entrepreneurs kept by the Kamer van Koophandel Amsterdam with the number: 70530483. Website – https://blast0ff.com

d. Application – the system available via the Internet, operated at https://blast0ff.com/pwa-project-cost-calculator, enabling the provision of the Service,e. Landing page – the Application User’s web page which supports the operation of advertising campaigns on the Internet. The page is displayed to a visitor – a third party – as a result of marketing activities undertaken by the User. Landing page content is created and maintained by the User on the terms set out in these T&Cs,

f. Lead – data, including personal data, acquired by the User through the forms and/or left by the Landing page visitors during their visit,

g. Service – a service provided electronically via the Application by the Service Provider to the User in accordance with the law and on the terms set out in these T&Cs,

h. Contract – a contract for the provision of the Service between the User and the Service Provider on the terms set out in these T&Cs,

i. Business – a natural person running a business activity on their own behalf or a natural person representing a legal person or an organizational unit without legal personality, who is legally capable of concluding the Contract with the Service Provider,

j. Natural person – a natural person with full legal capacity, who has concluded the Contract unrelated to the person’s business or profession or occupation (consumer),

k. Third party – a natural person, a legal person or an organizational unit without legal personality within the meaning of the Polish law, other than the User or the Service Provider,

l. User – a Natural person or a Business that holds one of the roles assigned in the Application,

m. Account – a set of resources and settings stored in the Service Provider’s database for the User as part of their use of the Service. The User is required to log in to get access to the Account,

n. Plan – a set of functionalities for an Account defined in accordance with the Price List,

o. Account Holder – a User who has registered and can pay for the Account and manage other Account Users,

p. Account Administrator – a User who can pay for the Account and manage other Account Users. The Account Holder adds and deletes the Account Administrator,

q. Registration – an activity that is a prerequisite for the creation of an Account in the website and subsequent use of the Service by the User,

r. Payment of the Account – an activity performed by the Account Holder and/or the Account Administrator in order to use the paid Service on the terms set out in these T&Cs,

s. Login – User’s e-mail address,

t. Password – a unique string of characters that meets the technical requirements defined by the Service Provider, selected by the User, in order to authorize access and secure the Account against unauthorized access to the Account,

u. Software – proprietary scripts/codes based on which the Website and/or Application operates, owned by the Service Provider,

v. Notifications – an electronic form of notifications concerning the Service, sent to the User in accordance with the Privacy Policy,

w. Privacy Policy – the document that defines the method of processing data on the Website and/or in the Application, including cookies and sending Notifications, which constitutes Appendix 1,

x. Price List – a list of prices for the provision of the Service referred to in these T&Cs, constituting an integral part of the Contract. The Price List is available to the Account Holder and/or the Account Administrator after logging in and on the Website under the link https://landingi.com/pricing,

y. Billing Period – the period that is the basis for the settlement of the Service,

z. Payment – the fee charged for using the Service in accordance with the actual use of the Service, calculated in advance in accordance with these T&Cs or in arrears only for the Agency Account and/or the Enterprise Account under a separate payment agreement,

aa. digital content – data generated and delivered in digital form,

bb. personal data – data allowing identification of a natural person,

cc. Force Majeure – an event of an accidental or natural (act of God) nature, the occurrence of which is beyond control of the Service Provider (without limitation, fire, explosion, power failure, earthquake, flood, cloudburst, riots, actions by civilian or military bodies, war, acts of terrorism (including cyber-terrorism), cyber-attacks (e.g. DDOS), acts and/or omissions of ICT network operators, other random events,

dd. ICT system – a set of hardware and software operated together to ensure processing and storage, as well as sending and receiving data via ICT networks using the end device appropriate for the type of an ICT network,

ee. provision of services electronically – rendering a service provided without simultaneous presence of the parties (remotely), by transmitting data at the individual request of the service recipient, as submitted and received by means of electronic processing devices, including digital compression and data storage, which is entirely issued, received and/or transmitted over an ICT network,

ff. cookies – small text information sent via a web server and saved on the User’s side,

gg. e-mail address – electronic mail address (active e-mail address),

hh. business day – Monday to Friday from 8.00 to 16.00 hrs, Central European Time, except for public holidays in the Republic of Poland or holidays specified by the Service Provider on the Website and/or in the Application.

§ 2

Technical requirements

The proper operation of the Websit requires the use of a device connected to the Internet with enabled cookies.

The Service Provider recommends using the latest versions of web browsers. Where the User uses older versions of browsers and/or other than the latest ones that are available, the Service Provider does not guarantee the proper operation of the Service.

The Service Provider does not provide support for the use of any external services, and for extra services only on the terms set out in separate terms and conditions or contract.

§ 3

Registration and logging in

The registration in the Application and subsequent logging is possible by entering the e-mail address (Login) and Password.

Upon successful completion of the Registration, the User is automatically logged in the Application and can use the Service in a 14-day trial version.

The User is required, in the course of Registration, to provide their real e-mail address, which is lawful and legal, which they have the right to use.

The Login on the Website is the e-mail address submitted at the Registration stage. It is possible to change it at a later time.

§ 4

Scope and type of the Service provided

The Service Provider offers access to the Service and delivery of digital development via the Service, along with the use of the Service on terms in accordance with these T&Cs and the Price List.

The Service has parameter limits that differentiate the Plans and the amount of Payment. Description of the Service functionalities, as well as the parameter limits of prices, are set out in the Price List.

Where the Service use parameters are extended (in accordance with the limits set out in the Price List), a message will be displayed in the Account about the need to make a Payment in order to use the Service with parameters so extended. Until the Payment is made, the Service will not be provided with the extended parameters.

The User autonomously uploads their own materials, descriptions and photos. The Service Provider reserves the right to delete a Landing Page containing materials and/or data violating these T&Cs upon becoming aware of the infringement referred to in §10.6 of these T&Cs (notice and takedown procedure).

§ 7

Extra services

The Service Provider offers extra services, which are provided on the basis of separate terms and conditions, as appropriate for these services, which can be ordered through the Website.

§ 8

User’s rights and obligations

a. use the Website and/or Application in accordance with these T&Cs,

b. submit inquiries and/or submit complaints,

c. terminate the Contract pursuant to the terms set out in these T&Cs.

The User agrees to:a. use materials, personal data and/or digital content, for which they have full right of use (these may not infringe the rights of third parties),b. check beforehand that they meet the technical requirements to use the Website,

d. not to use the Website in a manner that interferes with the functioning of the Service,

e. not to use the Website and/or the Application in a manner that violates the law,

f. take care of language correctness, avoid profanity, not to post hyperlinks to websites whose content may violate or is in breach of the provisions of these T&Cs and/or the law,

g. use the Website as intended, in accordance with the law, the provisions of these T&Cs and the rules of social conduct. It is forbidden to use the Service in order to conduct terrorist activities, sabotage or other criminal activity or to violate the law, in contract or in tort, including, in particular, by publishing materials insulting any person or infringing their rights, containing threats, invectives, promoting hatred towards persons and/or animals or in any way harassing the same, posting paedophile materials, content visualizing and/or promoting crime, profaning, offensive, violating or likely to violate personal rights or other legally protected rights of persons, posting materials attacking, degrading and/or supporting violence or encouraging crime. It is also forbidden to place advertising messages that violate the law (e.g., unlawful advertising) or to publish the Landing Page to propose meetings for a fee and/or such not permitted under the law.

h. update materials and/or data, including personal data,

h. not to take any actions that violate the applicable law or morality, or violate personal rights of other Users, third parties or legitimate interests of the Service Provider or other Users or third parties,

i. not to generate excessive or disproportionate traffic on the connections or other infrastructure used to provide the Service,

j. raise claims up to the amount of Payment made by the Account Holder,

k. make Payments for the Service.

§ 9

Service Provider’s rights and obligations

The Service Provider has the right to:a. inform Users, electronically, about important notifications related to the service,b. inform Users, electronically, about useful materials regarding the creation and use of the Landing Page by means of a newsletter,

c. send the above Notifications to Users,

d. ask Users about their general opinion and level of satisfaction from using the service and technical support. The opinions may be collected by asking questions or sending short surveys via the ICT system,

e. research on how Users use the Website, in particular by collecting anonymous information that allows functional and technical improvements (e.g. screen resolution, type of browser used, number of clicks on specific tabs on the Website, etc.),

f. at its sole discretion, change the properties and functionalities of the Service if this does not result in a deterioration of the quality of the Service provided to the User,g. use User’s materials added to the Landing Page as part of the license granted by the User, referred to in §14.5 of these T&Cs,

h. use User’s materials to promote the Application and/or its extra services with the consent of the Account Holder,

The Service Provider agrees to make every effort to ensure the proper provision of the Service in a continuous and uninterrupted manner.

The Service Provider reserves the possibility of temporary unavailability of all or part of the Website and/or the Landing Page for technical reasons, in particular related to maintenance or modifications. The Service Provider will make every effort to ensure that such unavailability is as least disruptive to the User as possible.

In the event of a breach of these T&Cs by the User, the Service Provider may temporarily block access to the User for the User’s fault and/or suspend the provision of the Service and ask for explanations. In the event of repeated breaches, the Service Provider may block access to the Account for a maximum of 60 days. After this period, the Service will be unsuspended. The blockade and/or suspension of the Account does not entail a deterioration of the quality of the Services provided by the Service Provider and only occurs in justified cases and by the fault of the User. The User has the right to make a complaint.

The Service Provider may undertake other actions in accordance with these T&Cs.

§ 10

Liability

The User is fully liable for their activities related to the use of the Website.

The Service Provider will make every effort to secure the Website and the Service it provides against any adverse occurrences. The Service Provider recommends the Users to:a. use software that protects devices connected to the Internet and that protects the identity of persons using the Internet,b. avoid using the Website and/or the Application through public Internet networks (e.g. public WiFi) or accidental hardware,

The Service Provider will not be held liable for:a. incorrect data provided by the User,c. lack of User’s access to the Internet, or for restrictions in such access,

d. limitations and/or incorrect operation of software or devices owned by the User and used to take advantage of the Service,

e. losses suffered and profits lost by the User as a result of acts or omissions of the User, and in particular an improper use of the Website,

f. losses suffered and profits lost by the User who has violated the law or provisions of these T&Cs, and whose Service has been blocked or suspended by the Service Provider,

g. losses suffered and profits lost by the User as a result of acts and/or omissions of third parties not bound by the terms of the Contract, which remain beyond the control of the Service Provider,

h. losses suffered and profits lost by the User as a result of an event of Force Majeure,

i. payments made with the use of an External Payment Channel, as well as the manner in which data, including personal data, is processed by such an External Payment Channel,

j. losses suffered and profits lost by the User as a result of the User’s personal data being transferred to entities authorised to process such data pursuant to applicable laws,

k. links redirecting to third party websites. Such websites are owned and managed by their respective administrators or service providers, as the case may be. The Service Provider will not be held liable for the availability or quality of such websites.

The User at their own risk and on their own responsibility uses the Website and the Services provided via it.

In the event of receiving an official notice or becoming reasonably aware of the unlawful nature of the data, including personal data made available by the User, the Service Provider will contact the User to clarify the matter and will act according to the terms set out in these T&Cs (it will order deletion of data, as a last resort) and the law, i.e. the notice and take down procedure.

The Service Provider is liable for losses caused by it as well as profits lost due to its non-performance and/or undue performance of the Contract, up to the amount of the Payment made by the User. The User agrees not to pursue claims in excess of such amount.

The Website may contain hyperlinks to websites owned and managed by third parties. The Service Provider will not be held liable for the availability or quality of such websites.

The Service Provider does not guarantee the repair time from a failure of the Service and/or the Application and/or the Landing Page or the response time to take corrective action to remove the fault, re-enable the Website and/or the Application and/or the Landing Page. If the Account Holder wishes to have a guaranteed response time, a separate Service Level Agreement (SLA) must be signed.

§ 11

Complaints

Complaints should be filed electronically within 30 days of discovering a fault (e.g. faulty operation of the Service) to the technical support. The complaint should include:a. Login,b. possibly accurate description of irregularities (including time and place of occurrence),

c. possible indication of how the complaint should be resolved,

d. if the complaint concerns an error in the invoice, please provide the invoice number.

The complaint is processed within the earliest possible date, but not later than 14 days.

The date of filing a complaint will be the date of receipt of the complaint notice by the Service Provider.

Filing a complaint does not affect the Billing Period or the provision of the Service.

§ 12

Personal Data Protection and Privacy Policy

The terms for the processing of personal data are set out in the Privacy Policy constituting Appendix 1.

§ 13

Intellectual property rights

All rights to the Website and/or materials entered into the Website by the Service Provider vest in the Service Provider.

It is forbidden to use the Website in a manner that infringes the rights of the Service Provider and/or third parties. Upon becoming aware of a violation of intellectual property rights, the Service Provider will take the relevant legal measures against the violating party.

The designation “Blastoff” in its word and/or graphic form identifies one of the products of the Service Provider, which is present in trade without any temporal or territorial limitations. “Blastoff” is a trade name of the Service Provider.

It is forbidden to distribute any elements of the Website, including in particular the “Blastoff” logo, without the written consent of the Service Provider. The User may not delete, cover, prevent the reading of or modify trademarks, copyright notices or other designations regarding intellectual property rights. It is also forbidden to copy, trade, distribute, modify the materials outside the Application or create dependent works based on material available in the Application for use outside of the Application, without the prior written consent of the Service Provider.

By adding material via the Service, the User each time grants a non-exclusive license to the Service Provider for the material, for the duration of the Contract and for the following fields of exploitation as necessary to provide the Service:a. entering to the memory of electronic devices (e.g. a PC), including servers forming a part of ICT systems,b. permanent and/or temporary duplication and/or copying, with the use of any techniques, in whole or in part, in an unlimited number of copies, in particular with the use of any known printing, digital, magnetic recording, copying and printing techniques, duplication with the use of any vision and computer technologies, in any system, format and on any media, including the exchange of such media, without limitation in print, in ICT networks or digitally,

c. public and/or non-public provision within the framework of the provision of electronic services, free of charge, irrespective of territorial, temporal or linguistic restrictions,

d.public and/or non-public distribution by any means of wireless and wireline transmission for the dissemination of marks, sounds and/or images, permanently and/or temporarily, in any technology, free of charge at the place and time chosen by other Users and/or third parties,

e. placement on the network in a manner that allows it to be viewed by other Users and/or third parties or transmitted on demand.

§ 14

Final provisions

The Service Provider makes available these T&Cs before the Registration and sends these T&Cs using a durable medium. These T&Cs may also be made available in a different manner, upon individual request of a person, if such person encounters problems in displaying or reading these T&Cs. Please contact technical support to this end.

The Service Provider reserves the right to amend these T&Cs. Each document is marked with the date from which its provisions are effective.

A change to the scope and/or type of Services that does not violate these T&Cs will not be considered to be a material change of the terms of the Contract. A change in the Price List constitutes a material change to the terms of the Contract, but becomes effective only upon the expiry of the Billing Period applicable at the change of these T&Cs.

Where a third party becomes aware of a violation of the law, such party is required to contact the technical support department and submit a reliable message or an official notification of the illegal nature of the data, including personal data, made available by the User.

To matters on which these T&Cs remain silent, relevant provisions of Polish law and/or the law applicable to the place of residence of the consumer will apply.

Should any provision of these T&Cs be changed and/or invalidated as a result of a valid court’s decision, the remaining provisions will remain in force.

The Service Provider declares its willingness to resolve any disputes amicably, including by Alternative Dispute Resolution.

Any disputes between the Service Provider and the User who has made the Payment for the Service in the name of a Business will be settled by the court competent for the registered office of the Service Provider.