044

Terms of Service

1. General provisions

  1. These Terms of Service (the “Terms”) set out the conditions for using the online services provided by 044 SOUL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (the “Provider”, “we”), including the S5 CRM service, available at https://044soul.com and/or related subdomains (collectively, the “Service”).
  2. Provider details:
    • full name: 044 SOUL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
    • short name: 044 SOUL sp. z o.o.
    • address: ul. Złota 75A lok. 7, 00-819 Warszawa
    • NIP: 5273161414
    • NIP EU (VAT EU): PL5273161414
    • KRS: 0001169108
    • REGON: 541522343
    • e-mail: info@044soul.com
  3. These Terms are prepared taking into account the applicable laws of the Republic of Poland, including in particular regulations concerning:
    • provision of services by electronic means;
    • consumer protection;
    • personal data protection (GDPR).
  4. By using the Service and/or creating an Account, the User confirms that they have read these Terms and accept them.

2. Definitions

For the purposes of these Terms:

  1. Service – the online services and functionality provided by the Provider via the website https://044soul.com and/or related subdomains, including the S5 CRM system (CRM and other IT solutions).
  2. User – any person (natural or legal) who uses the Service, has created an Account or actually uses the functionality of the Service.
  3. Consumer – a User who is a natural person using the Service for purposes not directly related to their business or professional activity.
  4. Account – an individual access to the Service created for a User, protected by login and password.
  5. Subscription Plan – a paid or free package of services/functionality of the Service provided under specific conditions.
  6. Agreement – the agreement for the provision of electronic services concluded between the User and the Provider under these Terms.

3. Type and scope of services

  1. The Provider may in particular provide the following services:
    • access to the cloud-based S5 CRM system and other IT services;
    • possibility to store, process and manage User data within the functionality of the Service;
    • technical support in the scope specified in the selected Subscription Plan.
  2. The current description of the Service’s functionalities and available Subscription Plans is published on the website https://044soul.com.
  3. Services are provided remotely, by electronic means, generally on a 24/7 basis, except for maintenance windows, failures or other justified interruptions for technical or organisational reasons.

4. Registration, Account and conclusion of the Agreement

  1. To access the full functionality of the Service, the User may be required to create an Account by completing the registration form and providing accurate and up-to-date data.
  2. During registration, the User:
    • confirms the accuracy of the data provided;
    • sets a password and undertakes to keep it confidential;
    • confirms that they have read and accept these Terms;
    • confirms that they have read the Privacy Policy;
    • where appropriate, provides separate consent to receive marketing communications.
  3. The Agreement between the Provider and the User is deemed concluded:
    • for a free plan – at the moment of successful Account creation;
    • for a paid plan – at the moment of order confirmation and successful payment of the Subscription Plan or acceptance of an issued invoice.
  4. The Provider has the right to refuse to create an Account or to block an existing Account in particular if:
    • the User provides false or inaccurate data;
    • the User violates these Terms or applicable law;
    • the Service is used in a way that infringes third-party rights or for purposes contrary to law or good practice.

5. Technical requirements

  1. To use the Service, the following are required:
    • access to the Internet;
    • a modern web browser with JavaScript and cookies enabled;
    • an active e-mail address.
  2. The Provider is not liable for the impossibility of using the Service due to:
    • the User’s hardware or software;
    • the User’s network configuration;
    • the operation of telecommunications providers or other third parties.

6. User rights and obligations

  1. The User undertakes to:
    • use the Service in compliance with the law, these Terms and generally accepted principles of good faith;
    • not disclose their Account access data to third parties;
    • not submit illegal content through the Service, including content infringing third-party rights, malicious code or personal data of third parties without a lawful basis;
    • comply with data protection requirements if data of the User’s own clients/contractors are processed in the Service.
  2. The User has the right to:
    • use the Service’s functionalities within the selected Subscription Plan;
    • receive information about changes in the terms of service provision;
    • terminate the Agreement as provided for in these Terms;
    • submit complaints relating to the Service.

7. Provider rights and obligations

  1. The Provider undertakes to:
    • provide services in accordance with these Terms and applicable law;
    • use reasonable efforts to ensure continuous and secure operation of the Service;
    • apply appropriate technical and organisational measures to protect data.
  2. The Provider has the right to:
    • temporarily limit or suspend access to the Service due to maintenance, upgrades or other justified reasons;
    • block or delete an Account in case of a material or repeated breach of these Terms;
    • modify the functionality of the Service, provided that this does not worsen the scope of services already paid for during the current paid period, unless otherwise agreed with the User.

8. Paid services, payments and invoices

  1. Access to the paid functionalities of the Service is provided under the selected Subscription Plan.
  2. Current prices and payment terms are published on the website https://044soul.com.
  3. Payment may be made:
    • via payment systems/providers;
    • against an invoice issued by the Provider.
  4. The Provider issues invoices with the Provider’s registration and tax data, including NIP 5273161414, NIP EU PL5273161414, KRS 0001169108, REGON 541522343, in accordance with applicable tax regulations.
  5. If payment is not received within the required timeframe, the Provider may limit or suspend access to paid functionalities until payment is made.

9. Term and termination of the Agreement

  1. The Agreement is concluded for an indefinite period unless a specific Subscription Plan explicitly provides otherwise.
  2. The User may terminate the Agreement at any time by:
    • deleting their Account (if such functionality is available in the Service interface), or
    • sending a notice of termination to info@044soul.com.
  3. The Provider may terminate the Agreement or limit access to the Service in particular in the event of:
    • a material or repeated breach of these Terms by the User;
    • use of the Service for purposes contrary to law or third-party rights;
    • prolonged non-payment for paid plans after prior notice to the User.
  4. Termination of the Agreement does not release either party from obligations arising prior to the date of termination, including the obligation to pay for services already provided.

10. Consumer right of withdrawal

  1. If the User is a Consumer who has concluded the Agreement remotely, the Consumer’s statutory rights of withdrawal from the Agreement, within the periods and under the conditions laid down in applicable consumer protection law, apply.
  2. The Consumer may withdraw from the Agreement within 14 days from its conclusion, unless this is excluded by the nature of the services (for example, digital services that begin to be provided before the expiry of the withdrawal period at the Consumer’s explicit request).
  3. Information as to whether and to what extent the right of withdrawal applies in a given case, as well as, where applicable, a sample withdrawal form, may be provided to the Consumer separately.
  4. In the event of a lawful withdrawal from the Agreement, the Provider refunds any payments received from the Consumer within the time limits and in the manner required by applicable law.

11. Complaints

  1. The User has the right to submit a complaint if they believe that the services are being provided in breach of these Terms or do not meet the expectations arising from the Agreement.
  2. Complaints may be submitted to info@044soul.com and should include:
    • data enabling the User to be identified;
    • a description of the issue identified;
    • if applicable – the expected way of resolving the matter.
  3. The Provider reviews complaints within a reasonable period and sends a response to the User’s e-mail address.

12. Liability

  1. The Provider is not liable for:
    • indirect damage, loss of profits or loss of data due to reasons beyond the Provider’s control;
    • Service failures caused by force majeure, acts or omissions of third parties or mismatch between the User’s technical infrastructure and the requirements specified in these Terms;
    • consequences of using the Service inconsistently with these Terms or its intended purpose.
  2. The Provider’s liability for paid services may be limited to the amount actually paid by the User for the last paid billing period, unless stricter liability is required by mandatory provisions of law.

13. Personal data

  1. Rules for the processing of Users’ personal data are set out in a separate Privacy Policy available on the website https://044soul.com.
  2. By using the Service, the User confirms that they have read the Privacy Policy.

14. Changes to the Terms

  1. The Provider may amend these Terms, in particular due to:
    • changes in applicable law;
    • development of the Service;
    • changes in the Provider’s own data or operations.
  2. The Provider will inform Users of amendments by publishing an updated version of the Terms on the website https://044soul.com and, where appropriate, by additional e-mail notification.
  3. Continued use of the Service after the amendments enter into force may be deemed acceptance of the new version of the Terms, provided this does not conflict with mandatory provisions applicable to Consumers.

15. Final provisions

  1. These Terms and the Agreement are governed by the law of the Republic of Poland.
  2. Any disputes arising in connection with the Agreement should, as far as possible, be resolved amicably. If no agreement is reached, the dispute shall be submitted to a court of competent jurisdiction in accordance with applicable procedural rules.
  3. If any provision of these Terms is found invalid, this does not affect the validity of the remaining provisions. In such case, the parties will, to the extent possible, replace the invalid provision with one that most closely reflects the original intent.