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Terms of Use

  1. General Rules

    1. The regulations define the rules of using the services available on the Website available at https://app.descrb.com
    2. The administrator of the Website is Devopsbay limited liability company with its registered office in Sopot, Leśna 1, registered at the District Court Gdańsk - North in Gdańsk, VIII Commercial Division of the National Court Register under the KRS number: 0000918660, with a share capital of 9,900 PLN, REGON: 520136961, NIP: 5851495033 [Administrator].
    3. The administrator provides the User with a tool for automatically generating an extended product description based on the uploaded photo.
    4. The regulations constitute a legally binding agreement between the User, establishing an Account, and the Administrator. The Administrator may, at its discretion, change the content of these Regulations at any time, e.g. in the event of changes in applicable legal regulations, changes in services and features offered by the Administrator or the introduction of new services. Any such change shall become effective after fourteen (14) business days from the date of publication of the updated content of the Regulations. If the User does not agree to the introduced changes, he/she has the right to delete the Account. Logging in to the Account after the amendment of the Regulations is considered as acceptance of the content of the Regulations.
    5. Creation of an Account means that the Administrator will store and process personal data of the person administering the Account on behalf of the User. The principles of personal data processing are available at Privacy Policy
  2. Definitions

    1. In these Regulations, the following terms have the meaning given below:
      1. In these Regulations, the following terms have the meaning given below:
      2. Application - the Administrator's web application available on the Website through which the Administrator provides Services.
      3. Services - any electronic services provided by the Administrator to Users through the Application.
      4. User - a person who, through the Website, uses a Service provided electronically by the Administrator as part of his or her business.
      5. Registration form - a form completed by the User during registration on the Website.
      6. Account - an individual set of resources and privileges for each User, launched on his or her behalf by the Administrator, after completing the registration through the Registration form.
      7. User's external account - the User's account from an external service (e.g. Facebook account, Google account) whose access data (in the form of login and password) are used to establish an Account.
      8. External Account Data - for the purposes of these Regulations, means the User's data from the External Account that the User agrees to transfer (copy) to the Account, in particular email, first name, last name. The password of the External Account is not saved in the Account. Logging in to the External Account always takes place in the login window of the corresponding external service.
      9. External service - an internet platform consisting of websites and other internet tools provided through the Internet by a provider other than the Administrator (e.g. Facebook, Google) allowing access to the Service, using the User's identity saved in External Account Data, as well as authentication and completion of the User's Account with this data in the Service.
      10. Password - a series of alphabetical, numerical or other characters chosen by the User during Registration on the Website or assigned by the Service Provider, used to secure access to the Account.
      11. Data - information about the plot or roof placed by Users in the application.
  3. Registration

    1. Users declare that they use the Application exclusively for commercial purposes and not as consumers or entrepreneurs within the meaning of Article 385(5) of the Civil Code.
    2. Registration of the Account is possible by:
      1. properly filling out the registration form, if such a form is available on the website,
      2. using External Account Data downloaded from the User's External Account.
    3. By registering the Account, the User declares that the person registering is authorized to bind the User with obligations and that they are authorized to register the Account.
    4. Registration using External Account Data downloaded from the User's External Account requires prior confirmation that the data the User previously saved in the External Service can be transferred to the Administrator.
    5. After registering with External Account Data, when logging in to the Account, the User uses the login and password from the User's External Account or the login and password of the Account in the Internet Service.
    6. The User may opt out of linking the Account with the External Account in the Account settings. In such a case, it will be necessary to establish a new password for the Account.
    7. Deletion of the External Account linked to the Account in the External Service does not result in the deletion of the Account, but in the absence of a separate password for the Account, it will lead to the loss of access to it.
    8. By accepting the content of the Regulations, the User agrees to electronic invoicing under art. 106n of the Goods and Service Tax Act.
    9. By sending the registration form or authenticating the Account via the User's External Account, the User declares that:
      1. the provided registration data is complete and accurate;
      2. they have read and agree to the Regulations and Privacy Policy and undertake to comply with them.
    10. After receiving a properly filled out Registration Form, the Administrator will create a unique Account for the User using the email address chosen by them.
    11. By providing an email address in the Application, the User declares that the email address does not infringe the rights of third parties. The User is solely responsible for choosing an email address, and any disputes regarding this matter are resolved without the Administrator's involvement.
    12. The User accesses the Account using a unique identifier, i.e. an email address and password, or through External Account Data. The User is obliged not to disclose the password to any third parties along with the email address and is solely responsible for any damages caused by such disclosure.
    13. One Account is created for one User regardless of how they use the Application.
  4. Terms of use of the Application

    1. Technical requirements necessary for the Application to function properly:
      1. Internet connection;
      2. a web browser;
      3. possessing and providing an email address.
    2. The Administrator is not liable to Users for interruptions in access to the Application caused by telecommunications failures.
    3. All materials, including graphic elements, layout and composition of these elements (layout), trademarks and other information, including databases available in the Application are the property of the Administrator.
    4. It is also prohibited to use the marks of the Application, including characteristic graphic elements, in the provision of one's own services.
    5. Neither party is responsible for security breaches caused by the other party's failure to secure their network or any access information, including login information and passwords.
    6. The User shall ensure that no malicious software is introduced into the Application that would, upon the occurrence of a specified event, the passage of time, or the taking or omitting of any action, destroy the Application, damage or cause the Services to stop operating.
  5. User Data and Description Generation

    1. Through their Account, users can place an order for the generation of descriptions based on uploaded photos.
    2. Data placed by Users in the Application and transmitted through it should not contravene the law, ethical norms, or good manners applicable in Poland.
    3. The generation of descriptions is a paid service under the selected subscription plan provided by the Administrator.
    4. Current Price and available payment methods are available on the website at https://descrb.com/pricing
    5. The report is generated based on the data entered by the User
    6. The User's generation of descriptions is conditional upon receipt of the payable payment by the Administrator in accordance with the rules set out in point 6.3 above
    7. The Administrator issues a refund using the same payment method that the User used (to the same bank account from which the payment was made), unless the User has clearly agreed to a different refund method that does not involve any costs for them.
  6. License

    1. The Administrator retains all rights, titles, and interests in:
      1. Services provided through the Site (and any changes, modifications, and derivative works thereof),
      2. all materials provided by the Administrator to the user in connection with the Site or Application, proprietary data or other proprietary information developed or provided by the Administrator or its suppliers, such as text, graphics,
      3. all patents, copyrights, trademarks, trade secrets, and all other forms of intellectual property rights recognized in any jurisdiction, including in applications and registrations of all of the foregoing, collectively referred to as the “Administrator’s Property”.
    2. This Regulation does not constitute a sales agreement, and title, patent, copyright, trademark, trade secret, intellectual property, or other property rights to any of the Administrator’s property are not transferred to the User.
    3. The Administrator hereby grants the User a limited, non-exclusive, non-transferable license to use the Administrator's Property developed solely for the purpose of using the Services.
    4. The User may print, copy and internally distribute program documentation, user manuals, technical product manuals and other information (provided by the Administrator or made available online by the Administrator) solely for internal business purposes, provided that the User reproduces all copyright and other proprietary notices contained in the original Documentation.
    5. The User shall not:
      1. grant under license, lease, rent, loan or otherwise transfer to any third party the right to access the Services available on the Site;
      2. use the Site or access it to build a competing product;
      3. copy, create or modify any derivative works of the Site (or any component, part, feature, user interface or graphics thereof), except with prior documented consent of the Administrator or to the extent such restriction is prohibited by applicable law;
      4. disassemble, decompile, decode the source code, or in any other way attempt to obtain or learn the source code from which the Site component is compiled or interpreted;
      5. conduct or disclose any comparative testing or performance testing of the Site without the prior written consent of the Administrator;
      6. conduct or disclose any security testing of the Site or any related infrastructure without the prior written consent of the Administrator, including but not limited to network discovery, port and service identification, vulnerability scanning, password cracking, remote access or penetration testing;
      7. remove or modify any program markings or any information regarding the proprietary rights of the Administrator or its licensors;
      8. use the Site in violation of applicable laws or regulations;
      9. send or store materials that are unlawful, indecent, threatening, or otherwise unlawful or that contain offensive content, including materials that infringe on privacy rights;
      10. interfere with the operation of the Site or its contents.
  7. Suspension or deletion of the account

    1. The User may delete their account at any time by reporting such an action through the System's "Delete Account" functionality. Deleting an account is equivalent to terminating the service agreement with the Administrator, with the exception of a paid order according to the subscription.
    2. The Administrator may, at their discretion, close or suspend the account by sending a notification to the registered email address if there is reason to believe that the User is using the account in violation of the Regulations or any other use of the account, which is unacceptable by the Administrator or if the User has not been active on the account for over 4 years.
    3. After closing the account, all rights and obligations arising from these Regulations expire automatically, with the exception of payment obligations towards the Administrator and points 6, 8, 9, and 10 of the Regulations.
    4. After closing the account, all rights and obligations arising from these Regulations expire automatically, with the exception of payment obligations towards the Administrator and points 6, 8, 9, and 10 of the Regulations.
  8. Complaints

    1. In the event of non-performance or improper performance of services by the Administrator, or non-fulfilment of their obligations in accordance with the Regulations, the User has the right to submit a complaint directly to the Administrator. The parties exclude the provisions regarding warranty resulting from the Civil Code, with the reservation of the provisions of the Regulations below.
    2. The complaint must be reported no later than one week from the day of receiving information on its causes.
    3. All complaints concerning the Services must be reported electronically to the email address: contact@devopsbay.com with a precise description of the complaint and reasons for reporting it, along with data identifying the User reporting the complaint, with the reservation that:
      1. User identification data should include at least name, surname, and contact details - email address;
      2. The complaint description and reasons for reporting it should provide a detailed description of any defects or errors found and their consequences.
    4. Before filing a complaint, the User is obliged to verify that the reason for non-performance or improper performance of the Service is not due to reasons for which the User is responsible.
    5. The day of filing the complaint by e-mail is considered the day when the complaint appears in the Administrator's server.
    6. Failure to provide or imprecise provision of the above information by the User prevents the complaint from being considered.
    7. Complaints are excluded from the scope of defects, malfunctions and irregularities not directly related to the use of the Services or resulting from:
      1. user errors or mistakes,
      2. incorrect functioning of the Internet browser or telecommunication links on the User's side
      3. activities of third parties who do not participate at the initiative of the Administrator in providing the Services.
    8. If the information provided in the complaint requires supplementation, the Administrator's representative requests the User submitting the complaint to supplement it before considering it.
    9. The response to the complaint containing the method of its consideration will be sent only to the email address provided by the User. In particularly justified cases, including at the explicit request of the User, the Administrator sends a response to the complaint to a different email address specified by the User or in writing to the address specified by the User for correspondence.
  9. Disclaimer

    1. The Administrator is not responsible for any damages resulting from cessation of the Services, if it results from the impossibility of effective performance of the services due to the fault of the User, e.g. inability to complete an order due to the User's inbox being full. The Administrator is also not responsible for damages resulting from discontinuing the Services and deleting the account of a User who violates the Regulations.
    2. The Administrator is not liable for actions and decisions made by Users based on information obtained through the Report.
    3. The Administrator is furthermore not responsible for:
      1. the content or up-to-date nature of published User Data.
      2. any damages to third parties resulting from the use of Services by Users in a manner contrary to the Regulations or applicable law;
      3. the loss of User Data caused by external factors (e.g. software failure) or other circumstances beyond the Administrator's control (actions of third parties);
      4. damages resulting from the lack of continuity in delivering Services;
      5. the provision of untrue or incomplete information by Users during registration or when using the Services;
      6. non-compliance by the User with the terms of the Regulations.
  10. Final provisions

    1. The Account is non-transferable, and access to it and the right to use it belong solely and directly to the User for their own business purposes.
    2. The User acknowledges that the Account may not be used under any circumstances for the resale of the Administrator's services to third parties.
    3. The Administrator reserves the right to change the Terms and Conditions. Users will be notified of the proposed changes by email.
    4. A separate written agreement between the Administrator and a specific User may modify the provisions of the Terms and Conditions in the relationship between the Administrator and that specific User (referred to as an enterprise agreement). Provisions of a separate agreement do not affect the conditions for the application of the Terms and Conditions with respect to other users.
    5. The competent court for resolving disputes related to the implementation of the provisions of the Terms and Conditions is the court that has jurisdiction for the Administrator's registered office.
    6. In matters not regulated by the Terms and Conditions, the provisions of the Act on the provision of electronic services, the Personal Data Protection Act, the Civil Code and other mandatory provisions of Polish law shall apply.