Chatwee

Chatwee Services - Allgemeine Geschäftsbedingungen für die Nutzung

These Terms and Conditions define principles of operation of the “Chatwee” Web Site available under chatwee.com and the terms of provision and use hereof. The Terms and Conditions define rights and duties of the Clients, as well as the rights, duties and responsibilities of Chatwee sp. z o.o. (LLC) as the administrator and operator of the Site.

A condition for use of the Site is making oneself familiar with the content of these Terms and Conditions.

  • General Provisions
    1. These Rules and Regulations specify the types of services, their scope and terms and conditions of their provision by electronic means by Chatwee Sp. z o.o. seated in Sompolno (62-610), ul. Piotrkowska 4, entered into the Register of entrepreneurs, kept by the District Court Nowe Miasto i Wilda in Poznań, IX Commercial Division of the National Court Register, under number 0000438812, Tax ID no. NIP 6652990463, Business Statistical No. REGON 302264113.
    2. By starting to use any of the Services, the Ordering Party confirms that he/she has read the contents of these Rules and Regulations, has accepted their provisions and has undertaken to observe them.
    3. These Rules and Regulations are available free of charge on the website of the Service Provider.
    4. The Service Provider undertakes, upon a request of the Ordering Party sent to the e-mail address: info@chatwee.com or via the Contact Form:
      1. to send the Ordering Party updated information concerning the threats involved in the use of the Services;
      2. to send the Ordering Party updated information concerning the function and purpose of software or data being an indispensable part of the contents of a given Service, uploaded by the Service Provider in the IT system used by the Ordering Party;
      3. to make these Rules and Regulations available to the Ordering Party in a manner allowing for their recording and displaying;
  • Definitions
    1. Whenever in these Rules and Regulations, a term is written with a capital letter, such a term shall be understood as per the definition provided below, unless the context shall require otherwise:
      1. Application - software uploaded on the website, enabling the communication of the website visitors, including the visitors of the Website;
      2. Chatwee – Chatwee Sp. z o.o. with the registered office in Sompolno (62-610), ul. Piotrkowska 4, entered into the Register of entrepreneurs, kept by the District Court Nowe Miasto i Wilda in Poznań, IX Commercial Division of the National Court Register, under number 0000438812, Tax ID no. NIP 6652990463, Business Statistical No. REGON 302264113;
      3. Contact Form - a tool made available on the Website and within the framework of the Account, by means of which the Ordering Party can contact Chatwee;
      4. Client - an entity contracting the services offered by Chatwee against a fee, in this subscribing for the Application against a subscription fee;
      5. Account - a set of resources and settings intended to manage the Application and to contact the Service Provider
      6. Subscription Period - a period in which the Service is provided;
      7. Scheduled Works - works performed by the Service Provider in connection with the maintenance of the Services, which might affect the availability of the Services;
      8. Website - the Internet page or pages via which the Service Provider provides the Services; hosted under the following addresses: www.chatwee.com and www.blog.chatwee.com;
      9. Service Specifications - a description of a given Service, in particularly specifying the parameters and technical requirements;
      10. Party - Chatwee, User, Client;
      11. Agreement - the agreement concluded by and between the Ordering Party and Chatwee, whose scope is the provision of Services;
      12. Service - a given service provided by Chatwee by electronic means in the meaning of the Law, for the benefit of the Ordering Parties, which is described in the further part of these Rules and Regulations;
      13. Ordering Party - Client and User;
      14. Service Provider - Chatwee;
      15. Law - the Law on provision of services by electronic means of 18 July 2002 (Journal of Laws no. 144 item 1204 as amended.);
      16. User - an entity using the free of charge services offered by Chatwee.
  • Types and scope of the Services
    1. Chatwee provides free of charge and payable Services.
    2. The free of charge Services include the following:
      1. Application within free plan,
      2. Contact Form,
      3. Account,
      4. an option to read and comment on the Website contents.
    3. Payable services include the following: Application within the following plans: Standard, Pro, Ultimate and Enterprise.
    4. To be able to use the Services, the Ordering Party shall meet the technical requirements specified in the Service Specifications.
  • Conclusion of the Agreement
    1. The Agreement for the provision of the free of charge Services specified in point 7 above is concluded once the Ordering Party starts using a given Service. The Agreement is hereby concluded for an unspecified period of time.
    2. The Agreement for the provision of the payable Services specified in point 8 above is concluded once the Ordering Party has effectively paid for the Service. The Agreement is concluded for the Subscription Period selected by the Client.
    3. The Ordering Party accepts the fact that using some of the Services, e.g. the Application in the free plan, shall require a prior opening of the Account.
    4. The Ordering Party can use the Application in the free plan exclusively for non-commercial purposes.
    5. Opening the Account, the Ordering Party represents that:
      1. the data provided therein is complete, accurate and true;
      2. the information provided does not breach the rights of any third parties;
      3. has read the contents of the Rules and Regulations and undertakes to observe them;
      4. is authorised to conclude the Agreement, in this in particular is 13 years old at the minimum.
    6. The Service Provider shall be entitled to request the Client to present relevant documents if there are justified grounds to doubt the authenticity of the provided data.
    7. Having received a correctly filled in registration form, the Service Provider shall send a message to the e-mail address provided by the Client, confirming the opening of the Account.
    8. The Service Provider sends the Account access data to the e-mail address provided by the Ordering Party in the registration form, unless this e-mail address has already been used on the Website. In such a case, the Service Provider informs the Ordering Party that the Account cannot be created with the use of such an e-mail address. To get access to the Account, the Ordering Party shall then provide another e-mail address.
    9. The Service Provider may refuse to grant access to the Account in the following cases:
      1. in the event of a justified suspicion that the provided e-mail address is contrary to the law, social life principles, breaches personal rights of third parties or interests of the Service Provider;
      2. in the event of opening the Account again after its removal as a result of a breach of the Rules and Regulations;
      3. in the event when the data provided by the Ordering Party raises justified doubts as to their completeness, accuracy or truthfulness.
    10. The Ordering Party using the Account uses a password selected by himself/herself. The Ordering Party shall assure the confidentiality of the password, refrain from its disclosure to any third parties, secure the password against the access of any third parties and to inform Chatwee about each and any possession or suspected possession of the password by a third party. The Ordering Party shall be responsible for the effects of disclosing the password or granting access to the Account to any third parties.
    11. The e-mail address provided by the Ordering Party for the purpose of the Account opening is used for all and any correspondence related with the provision of the Services. The Service Provider shall have the right to send any technical or legal information or any other information related to the functioning of the Services to the e-mail address of the Ordering Party, including those concerning the book-keeping entries, in this the invoices. In case of any changes, the Ordering Party undertakes to update the e-mail address provided. Should the e-mail address fail to be updated, the correspondence is deemed properly served if served to the previous email address.
    12. Application in the Enterprise plan requires the agreement of individual terms and conditions. For that purpose, the Client shall contact the Service Provider via the Contact Form or via an e-mail sent to info@chatwee.com. The Rules and Regulations apply to the Application in the Enterprise plan, unless the Parties shall agree otherwise.
  • Terms and Conditions of the provision of Services
    1. The Service Provider shall provide the Services in compliance with these Rules and Regulations and the provisions of law, with due care, accounting for the professional nature of the services and with the use of its know-how and experience. The Ordering Party acknowledges and accepts the fact that the Services, that are the scope hereof, are subject to the constantly developing technology. Chatwee reserves the right to improve technical and economic aspects of the Services and tools related therewith and to introduce any changes thereto at any time.
    2. The Service Provider shall send the code verse to the Ordering Party via the Account. With the code, the Ordering Party will be able to start the Application selected by the Ordering Party on the website. The Ordering Party accepts the fact that the use of the Application via the Internet application(s) enabling easy creation, update and extension of the website (CMS) may be prevented or impeded.
    3. The scope of functionalities of the Application in individual plans: Free, Standard, Pro, Ultimate and Enterprise is available on the Website, in the tabs Product and Price list.
    4. The Client concludes the Agreement at their own business risk. Chatwee assumes no liability for any consequences resulting from the conclusion and performance of the Agreement by the Client.
    5. The Service Provider reserves that the use of the Services may involve a risk. Any potential threats related with the use of the Services include: e.g. personal data theft, malware, etc.
    6. Chatwee uses the typically used on the market technical measures preventing the acquisition and modification of data sent electronically by unauthorised persons.
    7. The Agreement concerns the services that for the reason of their nature cannot be returned.
  • Rights and duties of the Parties
    1. The Service Provider is obliged to continuously provide the Services, subject to point The Service Provider reserves the right to cease or limit the provision of the Services for the reason of the Scheduled Works. In such an event, the Service Provider shall inform the Ordering Party about the Scheduled Works 48 hours (UTC+1) in advance via the Website, Account or e-mail. and The Service Provider reserves the right to cease or limit the provision of the Services without prior notice sent to the Ordering Party in the following cases:
    2. The Service Provider reserves the right to cease or limit the provision of the Services for the reason of the Scheduled Works. In such an event, the Service Provider shall inform the Ordering Party about the Scheduled Works 48 hours (UTC+1) in advance via the Website, Account or e-mail.
    3. The Service Provider reserves the right to cease or limit the provision of the Services without prior notice sent to the Ordering Party in the following cases:
      1. in case of a justified suspicion of improper use of the Services by the Ordering Party, this in particular concerns:
        1. use of the Services for the purposes contrary to the commonly applicable laws,
        2. acts to the detriment of the Service Provider or any other users of the Internet,
        3. use of the Services contrary to the Agreement,
      2. in case when reliable information is obtained about unlawful nature of data published by the Ordering Party on the Website or in the Application,
      3. in case the Ordering Party is found to have provided untrue data in the course of the Account opening procedure or has failed to update such data,
      4. in case of any circumstances that might affect security or stability of the IT system of Chatwee or any other Ordering Parties;
      5. in case of important e.g. legal, tax and economic reasons; in such a case if the provision of Services is terminated during the Subscription Period, the Service Provider, upon the Client’s request, shall reimburse the Client with the subscription fee paid in the proportion to the time period when the Services failed to be provided.
    4. The Service Provider from time to time removes the chat history and files sent via the Application available on the Website. The files and chat histories are removed to prevent the overloading of the server.
    5. The Ordering Party shall be obliged to observe the ban on excessive use of the electronic means of communication and on publishing or sending any unlawful contents on/via the IT system of Chatwee. This in particular includes:
      1. activities resulting in impeding the work of or overloading the IT systems of Chatwee or any other entities directly or indirectly participating the provision or use of the Services;
      2. activities non-compliant with the commonly applicable laws;
      3. activities breaching the rights of third parties, generally accepted social life norms, moral standards, good manners, offensive or infringing someone’s dignity.
    6. The Service Provider reserves the right to immediately remove from the Website any contents specified in point The Ordering Party shall be obliged to observe the ban on excessive use of the electronic means of communication and on publishing or sending any unlawful contents on/via the IT system of Chatwee. This in particular includes: above, and any other contents that might directly or indirectly breach these Rules and Regulations.
    7. The Ordering Party may manage the Application via the Account, in particular:
      1. the User can change the free of charge Application into a payable Application,
      2. the Client may change the payable Application plans, where such a change shall be effective as of the commencement of another Subscription Period, unless the Parties shall decide otherwise.
    8. The Ordering Party undertakes not to sell or transfer any rights and duties arising under the Agreement to/on any third parties and not to grant access thereto to any third parties under any legal title. This in particular concerns the code provided by Chatwee and specified in more detail in point The Service Provider shall send the code verse to the Ordering Party via the Account. With the code, the Ordering Party will be able to start the Application selected by the Ordering Party on the website. The Ordering Party accepts the fact that the use of the Application via the Internet application(s) enabling easy creation, update and extension of the website (CMS) may be prevented or impeded. above. Any breach of the aforementioned duty shall constitute a glaring breach of the Agreement.
    9. The Service Provider makes no back-up copies of the data of the Ordering Party entered into the Application or published on the Website. Chatwee assumes no liability for any damage caused with the loss of data of the Ordering Party.
  • Liabilities of the Parties
    1. The Service Provider assumes no liability with respect to the User for any damage resulting from non-performance or undue performance of the Services.
    2. The Service Provider may be held liable for damages caused to the Client exclusively for non-performance or undue performance of the liabilities explicitly stated in the Agreement and resulting from the wilful misconduct of Chatwee.
    3. The Service Provider’s liability for damages with respect to the Client excludes the loss of profits.
    4. In each case of the liability borne by the Service Provider with respect to the Client for non-performance or undue performance of the Services is limited to the amount of remuneration received in the Subscription Period for the provision of the non-performed or unduly performed Services by the Service Provider.
    5. Chatwee shall bear no liability with respect to the Client if the non-performance or undue performance of the Services results partly or wholly from:
      1. lack of continuity of the provision of Services by no fault of the Service Provider, in this caused with:
        1. reasons non-attributable to the Service Provider, caused with acts or omissions of third parties;
        2. technical problems related with the infrastructure, outside the control of the Service Provider;
        3. performance of the Scheduled Works;
        4. Force Majeure events;
        5. cessation or limitation of the provision of Services under point 31 above,
      2. breach of these Rules and Regulations by the Client.
    6. The Ordering Party shall bear full and unlimited liability for all and any contents sent via the Application or published on the Website.
    7. The Ordering Party shall bear full and unlimited liability for damage caused to the Service Provider or any third parties in connection with the use of the Services.
    8. The liability of the Ordering Party shall include the liability for any acts and omissions of entities exercising the rights or performing the duties of the Ordering Party that arise under the Agreement.
  • Termination of the Agreement
    1. The User shall have the right to terminate the Agreement via the cessation of the use of the Services and in case of the Users that have their own Account - via the deactivation of the Account.
    2. Chatwee and the Client can terminate the Agreement by sending a respective notice to the other Party via e-mail to the address: info@chatwee.com and the address provided in the Account, via the Account or in writing sent to the registered office of Chatwee. In such a case, the Agreement is terminated upon the lapse of the Subscription Period, for which the Client has paid the subscription fee in accordance with the Services plan selected by the Client.
    3. The Service Provider can terminate the Agreement concluded with the Ordering Party with immediate effect, in this the Service Provider can remove the Account, if:
      1. the Client breaches these Rules and Regulations;
      2. the Service Provider finds, based on justified information, that the Account name is contrary to the law, social life principles, breaches personal rights of third parties or interests of the Service Provider;
      3. the Ordering Party provides untrue, fictitious or outdated data in the registration form;
      4. the Ordering Party uploads contents non-compliant with the commonly applicable laws;
      5. the Ordering Party uses the Services contrary to their purpose, impedes or destabilises the operation of the Website;
      6. the Ordering Party removes the e–mail address used for the opening of the Account,
      7. the Ordering Party repeatedly receives messages on the overloading of the e-mail of the Ordering Party, which prevents further provision of the Services
      8. in case of important e.g. legal, tax and economic reasons, including cessation of conducting business activity.
    4. The Service Provider shall inform the Ordering Party about the termination of the Agreement in the manner as set forth in point The Service Provider can terminate the Agreement concluded with the Ordering Party with immediate effect, in this the Service Provider can remove the Account, if: above via an e-mail sent to the address indicated by the Ordering Party.
  • Intellectual and industrial property rights
    1. Contents of the Website are protected with the intellectual and industrial property rights.
    2. Chatwee has the rights to the contents, in this to logo signs, signage, graphics, trademarks published on the Website. The Ordering Party represents that it has the rights to the contents, in this to logo signs, signage, graphics, trademarks uploaded and published on the Website by the Ordering Party.
    3. The intellectual and industrial property rights granted to a given Party in connection with the performance of the Services shall remain the property of the Disclosing Party or the owner of the rights. It is prohibited to copy, disclose and use (except for the intended purpose of their provision) the contents without the prior written consent of the Disclosing Party.
    4. The Ordering Party shall be liable for all and any breaches in respect of any contents sent to the Service Provider and then published by him. In case of any breach of the provisions of point Chatwee has the rights to the contents, in this to logo signs, signage, graphics, trademarks published on the Website. The Ordering Party represents that it has the rights to the contents, in this to logo signs, signage, graphics, trademarks uploaded and published on the Website by the Ordering Party.-The intellectual and industrial property rights granted to a given Party in connection with the performance of the Services shall remain the property of the Disclosing Party or the owner of the rights. It is prohibited to copy, disclose and use (except for the intended purpose of their provision) the contents without the prior written consent of the Disclosing Party., the Ordering Party, upon the first call of Chatwee and at its own expense, undertakes to: (i) effectively undertake any steps necessary to rectify the breaches, (ii) effectively remove any effects of the breaches, (iii) hold the Service Provider harmless of any liability with respect to any third parties in the scope arising from the breaches.
    5. On the basis of these Rules and Regulations, the Ordering Party hereby grants the Service Provider a free of charge license to use the trademark uploaded/published by the Ordering Party on the Website or in the Application. The trademark can be used by the Service Provider exclusively for the purpose of the provision of Services. The license is granted for a period of five (5) years, after the lapse of which the license shall automatically extend into an unspecified time period.
  • Handling complaints
    1. Any complaints concerning the technical aspects of the Services functionalities as well as concerning any issues related to the Services can be sent to the e-mail address: info@chatwee.com via the Contact Form or in writing - to the registered office of Chatwee.
    2. The complaint shall include: data of the Ordering Party (including name and surname or business name, postal address or e–mail address), address of the Website of the Service Provider concerned with the complaint, subject matter of the complaint and reasons (with the indication of the date and hour when the problem occurred).
    3. The complaint can be filed within 1 month as of the day when the issue complained about occurred.
    4. A complaint filed after the lapse of deadline specified in point The complaint can be filed within 1 month as of the day when the issue complained about occurred. as well as a complaint that fails to include the data specified in point The complaint shall include: data of the Ordering Party (including name and surname or business name, postal address or e–mail address), address of the Website of the Service Provider concerned with the complaint, subject matter of the complaint and reasons (with the indication of the date and hour when the problem occurred). shall be dismissed without reviewing.
    5. The Service Provider shall make its best efforts to review the complaint within 30 (thirty) days as of the date of its receipt by the Service Provider.
    6. A complaint reviewed in accordance with the provisions of the Rules and Regulations shall not be subject to any further or another review.
  • Personal Data Processing
    1. The principles of the processing of personal data of the Ordering Parties are specified in the Privacy Policy, published on www.chatwee.com/privacy, and in the Data Processing Agreement (DPA), published on www.chatwee.com/dpa.
  • Final provisions
    1. The Service Provider reserves the right to change these Rules and Regulations. The information about any such change shall be sent to the Ordering Parties that are the Account holders by electronic means to the provided e-mail addresses.
    2. Chatwee shall have the right to change the provisions of these Rules and Regulations or to introduce different Rules and Regulations. The Ordering Party that is an Account holder shall be informed any changes in the provisions of these Rules and Regulations or about the introduction of the new Rules and Regulations via an e–mail message sent to the e–mail address provided by the Ordering Party. Moreover, the new or changed Rules and Regulations shall be published on the Website of the Service Provider. The new or changed Rules and Regulations shall come into force and effect upon the lapse of 14 days as of the date the Ordering Party has been informed about them. In the event that the Ordering Party does not accept the changes introduced to the Rules and Regulations or the new Rules and Regulations, the Ordering Party shall have the right to terminate the Agreement following the procedure specified in points 47-48 of the Rules and Regulations.
    3. In matters not regulated herein, the generally applicable provisions of the Polish law shall respectively apply to the Services. All and any disputes arising from the performance of the Agreement shall be settled by a Polish common court of the proper jurisdiction for the registered office of the Service Provider.
    4. These Rules and Regulations do not limit the consumers’ protection rights that might be exercised by the Ordering Party in compliance with the applicable legal provisions in the country of his/her residence.
    5. The Rules and Regulations are effective from 01 December 2020

Last Updated: 30.11.2020

Chatwee Team