Terms and conditions

TERMS OF USE OF THE WEBSHOTAPI APPLICATION #

DEFINITIONS #

Application - an application – Webshotapi – made available to Users by Gawsoft for the purpose of using Services
Price - the cost of purchase of a relevant Package along with any possible additional charges, including taxes, presented to the User in the Application prior to filing an Order
Account - a service provided by electronic means by Gawsoft; a separated part of the Application dedicated individually to the User which enables the use of the Services and purchase of a Package
Licence - A non-exclusive license referring to the Application granted to the User by Gawsoft upon the terms prescribed in the Terms of Use
Package - monthly access to the Services in a scope each time prescribed on the Website which may be purchased by the User for a Price prescribed on the Website
Payment - payment by the User of the Price through systems made available by the Payment Operator or otherwise as prescribed on the Website
Privacy Policy - the document governing security of protecting and processing personal data of the Users; the Privacy Policy supplements these Terms of Use and is available here.
Terms of Use - these terms of use of a website which serve the information obligation against the User who is a consumer as prescribed in Article 14.2 of the Act
Website - a website available at the URL address: https://webshotapi.com which enables the use of the Application
Gawsoft - the business name Gawsoft in Złotoryja (59-500), ul. Wiśniowa 1, Tax Identification Number NIP: 6941639921, National Business Registry Number REGON: 020692583
Agreement - a distance agreement within the meaning of the Act concluded between the User and Gawsoft which constitutes an agreement regulating the Application use
Services - any services provided by Gawsoft to the User by means of the Application, in particular a service involving processing and downloading articles and other publications from some websites in simplified form
Act - the Act on consumer rights of 30 May 2014
User - a person using the Website upon the terms prescribed in the Terms of Use

1. INTRODUCTION #

1.1. The Terms of Use prescribe the general terms of use of the Website which enables the use of the Application.

1.2. The Terms of Use are provided to each User on the website free of charge prior to conclusion of the Agreement, as well as—upon his/her request—in a manner which enables him/her to obtain, copy and record the content of the Terms of Use by means of the used teleinformatic system.

1.3. The User may only use the Services upon becoming acquainted with and accepting the Terms of Use and the Privacy Policy. If the User fails to accept the Terms of Use or the Privacy Policy, the User may not use the Services. In the case of a User who is not a consumer, it is deemed that upon starting to use the Services, the User accepted the Terms of Use and the Privacy Policy without reservations.

1.4. The Terms of Use are supplemented by the Privacy Policy, available here [direct link].

2. GENERAL TERMS AND CONDITIONS OF SERVICE PROVISION #

2.1. In order to use the Services and the functionalities of the Website, in particular to use the Application, the User has to meet the following minimum technical requirements: (a) a device with the Internet access, (b) an active e-mail account; (c) an installed latest version of one of the following online browsers: FireFox, Opera, Edge, Chrome, Safari. [other?]

2.2. Using the Website is free of charge, except for possible costs of data transmission resulting from agreements concluded by the User and purchase of access to the Application as part of Packages available on the Website.

2.3. It is not allowed to provide unlawful content as part of the Services or the Website in a manner contrary to the provisions of the Terms of Use, applicable legal provisions, good practices and rules of social co-existence.

2.4. The Website and its elements, including design and content, are protected by copyright or other rights related to intellectual property. Such elements may not be reproduced, distributed or published, as a whole or in parts, by the User without consent of Gawsoft. In particular, the User is not allowed under the Terms of Use to reproduce, disseminate, lend, dispose of or otherwise redistribute the Website elements, directly or indirectly, whether against charge or free of charge, otherwise than through Gawsoft.

3. USERS #

3.1. Subject to the provisions below, the following entities may be Users: legal persons, organisational units without legal personality but vested with the capacity to perform acts in law under the statute and natural persons who have attained the age of 18 and enjoy full capacity to perform acts in law.

3.2. If the User is between the age of 16 and 18, he/she may use the Services in a scope in which he/she may assume rights and incur obligations in accordance with the legal provisions applicable to the User. If the legal provisions applicable to the User require that he/she may use the Services only upon his/her legal custodian’s consent, upon conclusion of the Agreement, at the latest, such legal custodian must give his/her consent to such conclusion and the use of the Services by the minor User.

3.3. The legal custodian of a User between the age of 16 and 18 is obliged, upon each request of Gawsoft, to present the consent to conclude the Agreement and use the Services.

4. ACCOUNT #

4.1. Within the frames of the Website functionalities the User may set up an Account. For this purpose, the User undergoes the registration procedure using the Website functionalities. Upon registration of the Account, an agreement is concluded between Gawsoft and the User, insofar as the User meets the requirements prescribed in clause 3 of the Terms of Use.

4.2. The User may delete his/her Account at any time without providing reason by sending a relevant request at the e-mail address [email protected] or by using relevant functionalities of the Website.

4.3. The User is responsible for any actions undertaken through the Account, unless the relevant Account has been illegally hacked. The User may not share the Account with third persons and is responsible for keeping his/her login and password confidential.

4.4. If the User notices an unauthorized use of his/her Account, then he/she is obliged to immediately notify Gawsoft on this.

5. APPLICATION #

5.1. Within the frames of the Application functionalities the User may process content available in the Internet, i.e. various publications and articles, and download them in simplified form, i.e. without html tags, title, publication date, links to pictures, graphic materials, key words and other unneeded elements of a relevant publication.

5.2. Gawsoft grants the User the Licence to use the Application. Under the Licence at issue, the User is entitled to use the Application for the purpose stated in clause 5.1 above, whereby the Licence is: i) against charge, subject to clause 5.3 below, ii) global, iii) with duration limited to the Package period, iv) without the right to grant sublicences.

5.3. You may use the Application only upon purchasing a Package, except for Services provided by Gawsoft free of charge.

5.4. Depending on the type of Package selected by the User, the User is entitled to generate a number of requests of actions stated in clause 5.1 above resulting from a relevant Package, with a proviso that the number of requests carried out at once is limited to that prescribed in the Package.

5.5. Gawsoft stipulates that the Application may be used to process and download content only from websites which: i) do not block operation of robots; ii) do not block operation of the Application; iii) allow for indexation of their content.

5.6. If a given website does not allow for indexation, the User will be appropriately notified on that in the Application functionalities.

5.7. It is not allowed to publish, in any form and in any place, including in the Internet, content processed by the Application without consent of its author, in particular it is not allowed to publish such content without notice of its original source and author.

5.8. The User is each time obliged to verify the scope of his/her entitlement to use content processes in the Application and whether there are any limitations related to his/her use of such content.

5.9. If Gawsoft obtains reliable information from third persons that the User uses the Application in a manner violating the intellectual property rights, then it may terminate the Agreement with immediate effect (without notice period) and to immediately block User’s access to the Application.

6. AGREEMENT #

6.1. The Agreement is concluded when the Client makes the Payment.

6.2. Gawsoft immediately confirms to the User that the Agreement was concluded by sending him/her an appropriate e-mail.

6.3. If it is obliged to do so, in the e-mail Gawsoft sends the User any information connected with the concluded Agreement as required by the law.

6.4. Gawsoft may refuse to perform the Agreement in the following cases: 6.4.1. data stated in the form are incorrect; 6.4.2. the provisions of the Terms of Use were violated in the course of filing the Order.

6.5. Immediately upon conclusion of the Agreement the User gains access to the Application.

7. PAYMENTS #

7.1. Payments are executed by means of the functionalities and websites provided by the payment operator or otherwise each time as prescribed on the Website.

7.2. A Payment may be made by: i) the PayPal system; ii) card payment executed by the Stripe payment operator.

7.3. The User is obliged to execute the Payment immediately upon selecting and ordering a Package.

7.4. Temporary non-availability of the functionalities and websites referred to in clause 7.1 above does not release the User from the obligation to make the Payment upon restoration of their availability.

7.5. In order to make the Payment, the User selects a Payment method available through the Website functionalities or services provided by third parties and follows displayed messages. Gawsoft is not liable for any damage incurred by the User as a result of use of the functionalities or websites of the payment operator and other third parties.

7.6. By accepting the Terms of Use, the User agrees to receive e-invoices at the e-mail address stated at registration on the Website.

7.7. If funds need to be returned to the User, this will take place in the same manner in which the User made the Payment.

8. WITHDRAWAL #

8.1. A User being a consumer has the right to withdraw from the Agreement within 14 days from the date of its conclusion.

8.2. Taking into account the type of Services provided as part of the Agreement, i.e. access to the Application, in order to gain access immediately, the Consumer is obliged to file a statement in which he/she consents to provision of the performance before the lapse of the term for withdrawing from the Agreement. Otherwise, the User gains access to the Application within 14 days from making the Payment and concluding the Agreement.

8.3. In the case referred to in clause 8.2, the consumer loses the right to withdraw from the Agreement upon gaining access to the Application in accordance with Article 38.13 of the Act.

8.4. Entities other than consumers do not enjoy the right to withdraw from the Agreement.

9. LIABILITY #

9.1. Gawsoft is not liable for any use of the Application and its functionalities by the User in violation of the provisions of the Terms of Use, law, good practice and other generally applicable rules.

9.2. In particular, Gawsoft is not liable for User’s violation of intellectual property rights, in particular proprietary copyrights of third parties.

9.3. If the User violated any rights of third parties by means of the Application functionalities, the User undertakes to release Gawsoft from any liability against third parties, and if it is necessary to pay any damages, penalties or other amounts ordered from Gawsoft in connection with the User’s violation.

9.4. To the extent permitted by legal provisions Gawsoft is not liable for any damages incurred by the Users in connection with their use of the Application, unless they arose in connection with Gawsoft’s intentional action. At the same time, the liability of Gawsoft is limited to the loss actually incurred by the User and does not cover profits lost by the User.

10. COMPLAINTS #

10.1. The User may file a complaint related to operation of the Application.

10.2. The User files a complaint by: i) sending an e-mail to the address [email protected].

10.3. The complaint will be considered by Gawsoft within 14 days from the filing date. The User will be notified on the result of consideration by mail or e-mail.

11. CONTACT #

11.1. In order to quickly contact Gawsoft, the User may: i) send an e-mail to [email protected]

12. AMENDMENT TO THE TERMS OF USE #

12.1. Gawsoft may amend these Terms of Use due to material reasons, whether legal (change of generally applicable legal provisions related to the Gawsoft’s activity or change of the Gawsoft’s business form) or technical. The reason for any amendment to the Terms of Use is each time provided in the manner described below.

12.2. The Users will be notified on any amendment to these Terms of Use by an e-mail sent 7 days before effective date of the new wording of the Terms of Use. In this time the User who is a consumer must accept the Terms of Use again or refuse to accept them. If in turn the User who is not a consumer fails to terminate the provision of Services by Gawsoft by the said date, he/she is deemed to have accepted the Terms of Use in their amended wording without reservations.

12.3. Any Orders filed prior to the effective date of an amendment to the Terms of Use are processed in accordance with the content of the Terms of Use as applicable at that date. Amendments to the Terms of Use may not infringe the acquired rights of Users.

13. FINAL PROVISIONS #

13.1. The governing law for liabilities resulting from the Terms of Use is Polish law. Any agreements are concluded in the Polish language.

13.2. A consumer may take advantage of dispute resolution methods which are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which a consumer may refer for dispute settlement within the frames of ADR is available here: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm

13.3. A consumer may also take advantage of out-of-court means of considering complaints and seeking claims by submitting his/her complaint through the EU ODR online application available at: http://ec.europa.eu/consumers/odr/

13.4. If the User resigns from taking advantage from ADR or ODR, any disputes arising out of the Terms of Use or Rental agreements will be settled by a common court with the jurisdiction determined according to the rules as prescribed by a legal act applicable to the User being a consumer.

13.5. Any disputes arising between Gawsoft and the User not being a consumer shall be referred to the court with the local jurisdiction over the registered office of Gawsoft.

These Terms of Use shall come into effect on: 31-10-2022