Section 1. General provisions

§1

Within the meaning of these Regulations:

Statute - these regulations of the swotmaker.com website, specifying in particular the types and scope of services provided electronically as well as the rights, obligations and scope of liability of the Service Provider and the Recipient;

Service Provider – pajek.info Alan Pajek, tax number: PL 5311547536, REGON: 525189873, Address: Rustykalna 20/1, Warsaw, Poland
- e-mail: hello@swotmaker.com

Recipient – a natural person with full or limited legal capacity (acting then with the knowledge and consent of his legal representative), a legal person or an organizational unit without legal personality, which uses the services provided electronically, on the terms set out in these Regulations;

Consumer – Recipient who is a natural person concluding an agreement with the Service Provider for the provision of electronic services for purposes not directly related to its business or professional activity;

User – in the case of the Account Subscription Service, a natural person with full or limited legal capacity (acting then with the knowledge and consent of his legal representative) who has been authorized by the Customer to use the Account under the Account Subscription Service and has completed the Registration. The provisions of these Regulations regarding the Service Recipient shall apply to the User, respectively concluded and paid for by the Service Recipient, authorizing the User to use the Account.;

Account a set of resources kept under a unique name (being an e-mail address) in which the Customers data and information about his activities as part of the Account Subscription Service he uses are collected;

Portal - serwis dostępny pod adresem https://swotmaker.com

Service, Services - the service or services provided electronically by the Service Provider to the Service Recipient, listed and implemented on the basis of these Regulations;

Account Subscription Service – The service of ensuring the availability of the Account on the Website and managing the Account after Registration, based on the selected Account option; by the first 7 days from the date of Registration, the Account Subscription Service is a Free Service provided on the terms applicable to this Service, including with the proviso that access to the Account as part of such Service is associated with restrictions specified in further provisions of these Regulations;

Price - The official currency of the portal is: EUR. The price and the taxes due are due to be paid to the Service Provider for the use of Paid Services;

Paid Services - Services highlighted in these Regulations, the use of which is associated with the obligation of payment by the Service Recipient;

Free services - Services highlighted in these Regulations, the use of which does not involve the obligation of the Service Recipient to pay;

Contact form - Free service consisting in sending a message by the Service User to the Service Provider via a dialog box made available on the Website;

Logging in - entering an individual identifier (login) and access password, giving access to the content of the Account, after prior Registration;

Registration - entering and sending data to the Service Provider via a dedicated form available on the Website, after accepting the Regulations, in order to use the Account Subscription Service;;

Newsletter - Free service consisting in sending the information ordered by the Service Recipient by electronic means, after the Service Recipient provides the e-mail address identifying the Service Recipient;

Archiving - storing the information collected by the Customer as part of the Account, after the expiry of the Account validity specified in these Regulations;

Billing period - time defined in days and subscription end date.;

Service Agreement - the rules for the provision of Services by the Service Provider and their use by the Service Recipient, including the rights and obligations of the Service Recipient and the Service Provider, described in these Regulations, in order to present and consolidate the terms of the provision of Services and contractual provisions regarding the Services. In terms of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended);

Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code;

RODO - means Regulation of the European Parliament and of the Council EU 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation).;

Personally Identifiable Information Protection Act - Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended);

§2

1. These Regulations define in particular: the types and scope of Services, the rules for the provision of Services by the Service Provider, the rules of using the Website, the conditions for concluding and terminating Service Agreements, technical requirements necessary for cooperation with the Website, the prohibition of the Service User from providing illegal content and the complaint procedure.
2. The Regulations are made available free of charge to the Service Recipient via the Website at the URL address https://swotmaker.com/terms where the Service Recipient can view, recreate and record it at any time. Each Service Recipient is obliged to read the content of the Regulations before using the Services.

§3

1. The technical requirements for the proper functioning of the Website and the use of the Services by the Service Recipient are
   • Internet connection
   • having an installed and running web browser compliant with the HTML 5 standard and higher
   • enabling the HTTPS secure data transmission protocol, Java Script and Cookies support in the web browser

Section 2. The way of Service Usage

§4

The subject of the Services is to enable the use of the content of the Website, in accordance with the functionalities provided on the Website, the nature of the given Service and your own needs, subject to compliance with applicable law.

§5

1. Services provided through the Portal may be free or paid.
2. Free services :
   • browsing the content of the Website - an information service consisting in providing content at the individual request of the Customer (by displaying a page with a specific URL address);
   • Contact Form
   • Newsletter
3. Account Subscription Service for the first time 7 days from the date of registration (Free Account Subscription Service, also known as the "Trial Period")
4. Paid services :
   • Account Subscription Service after payment in accordance with the Price List (Paid Account Subscription Service);
   • other Services clearly marked as Paid
5. The Paid Services Price List, containing the Prices, is available on the website in the Price List section. The price list also contains information about the tax due. Prices and information about the tax due are presented in EUR.

Section 3. Agreement for the provision of the Service

§6

1. A condition or conditions for the conclusion of the Agreement for the provision of the following Services :
   • viewing the content of the Portal - it is to read the content of these Regulations before actually starting to use the Service.
   • Contact Form, Newsletter, Free Account Subscription Service - it is to read the content of these Regulations before the actual start of using the Service and its acceptance, provide data marked by the Service Provider as necessary to use the Service and send them to the Service Provider.
2. The contract for the provision of free services related to the use of the content of the Website is concluded after reading the content of the Regulations and the actual use of this Service.
3. In the case of services that require the indication of personal data or user identification data, the contract for the provision of services begins when the data is entered into the Portal.
4. The contract for the provision of the following Free Services is concluded for the time of actual use of a given Service.
5. The Agreement for the provision of the Free Account Subscription Service (Trial Period) is concluded for a period of 7 days from the date of Registration.
6. The trial period allows the user to use the Account on terms adequate for subscription, with certain exceptions, which are described in the Portal pricing tables.
7. The Service Recipient may use the Account after the trial period has expired by concluding an Agreement with the Service Provider for the provision of a Paid Account Subscription Service, on the terms set out in these Regulations. The Service Recipient may use the Account within the scope applicable to the Paid Account Subscription Service and without the Trial Period Limitation also before the end of the trial period, by concluding an Agreement with the Service Provider for the provision of a Paid Account Subscription Service before the end of this period.
8. If, as part of the Free Account Subscription Service, the validity of the Account has expired, i.e. the number of days for which the Agreement for the provision of the Free Account Subscription Service has elapsed and the Agreement for the provision of the Paid Account Subscription Service has not been concluded, the Service Provider performs the Archiving.
9. Archiving in the case of using the Free Account Subscription Service lasts for a period of 1 (one) month from the date of termination of the Trial Period (i.e. after the expiry of the period for which the Agreement for the provision of the Free Account Subscription Service has been concluded). After the end of the Archiving period, the information stored in the Account is irretrievably deleted.
10. The users personal data is archived, however, the elements related to the interaction in the system and the votes cast by the user are not removed in order to maintain the proper state of the analyzes performed by the Portal.
11. The condition for concluding the Agreement for the provision of the Paid Account Subscription Service is to read the content of these Regulations before the actual use of the Service and its acceptance, provide data marked by the Service Provider as necessary to use the Service, and send them to the Service Provider (these activities are performed together with the beginning of the trial period) and making the payment according to the Price List.
12. The Paid Account Subscription Service consists in providing the Service Recipient, in particular, the Limit of operations to be performed in a given settlement period.
13. Failure to pay will prevent you from using such Paid Services.

§7

1. Access to the Account as part of the Paid Account Subscription Service is activated within 24 hours from the moment the Service Providers bank account is credited with the amount due for the Service, i.e. the amount corresponding to the Price and the tax due (in accordance with the Price List), for the option selected by the Customer as part of the Paid Subscription Service Accounts. Making the payment and the period to which the fee applies determine the duration and confirmation of the validity of the Account validity period.
2. In the case of payment using the PayPal system, access to the Account as part of the Paid Account Subscription Service is started automatically when the payment for the Service is received, i.e. the amount corresponding to the Price and the tax due (in accordance with the Price List), for the variant selected by the Customer under the Paid Account. Account Subscription Services to the Service Providers PayPal account.

§8

1. The Agreement for the provision of a Paid Account Subscription Service is concluded for a definite period of time, and access to the Account as part of this Service is active with the limitations of viewing the Account data and resources defined as Team Work - provided that the user has been provided with an invitation to the Team Owner Analysis.
2. Functionalities such as Team Work are described in the form of an article on a blog on the Portal and may evolve during the term of the contract.
3. Functionalities such as Team Work are described in the form of an article on a blog on the Portal and may evolve during the term of the contract.
4. The main functionality of the Portal is the possibility of creating a SWOT Analysis, and its feature is several stages of the analysis: brainstorming, determining the significance and the stage of confronting factors. Depending on the specific type of analysis, the user provides or restricts access to his analysis to other users of paid or free services.
5. As part of the SWOT Maker system, accompanying functionalities are also available, such as, for example, creating a sales funnel as an element of CRM functionality or sales analysis through integration with eCommerce systems.
6. The service provider may freely expand the system functionalities and put them into use for the license

Section 4. The right of the Consumer and Entrepreneur on the consumer rights to withdraw from the Agreement

§9

1. Within 14 days from the conclusion of the Agreement for the provision of the Service in accordance with these Regulations, the Consumer and the Entrepreneur with consumer rights may withdraw from it without giving reasons and without incurring costs, in particular by submitting an appropriate declaration in electronic form or in writing, by sending it to the address Service Provider e-mail address.: hello@swotmaker.com
2. The right to withdraw from the Agreement is not entitled to the Consumer and the Entrepreneur with consumer rights, if he has consented to the commencement of the provision of the Service before the expiry of the above-mentioned the deadline to withdraw from the Agreement. At the same time, we would like to inform you that after the Service is performed by the Service Provider, the Consumer or Entrepreneur with consumer rights will lose the right to withdraw from the Agreement.

Section 5. Termination of the Agreement

§10

1. The Service Recipient may terminate the Service Agreement with immediate effect, at any time, by sending relevant information to the following address:: hello@swotmaker.com. In the case of the Newsletter Service, the Service Recipient may also terminate the Service Agreement by clicking on the deactivation link found in each message received as part of the Newsletter.
2. The Service Provider may at any time terminate the Agreement for the provision of the Service with a 14-day notice period for important reasons understood as a significant breach by the Service Recipient of the provisions of the Regulations or a permanent cessation of the provision of electronic services by the Service Provider motivated by objective reasons. The Service Provider sends his statement in this regard to the e-mail address provided by the Service Recipient during Registration.
3. Termination of the contract after 14 days from the date of subscription is not subject to a claim for reimbursement.

Section 6. Obligations and liability of the Service Provider and the Service Recipient

§11

1. The Service Provider is not responsible for the information posted on the Website by the Customers.
2. The Service Recipient declares that all data relating to this Service Recipient provided before using the Services are entirely true, current and complete and that they are actual data.
3. The Service Recipient undertakes not to make his Account available to persons other than the Service Recipient.
4. The Service Provider recommends that the Service Recipient uses a password consisting of at least 8 characters, containing lowercase and uppercase letters as well as numbers or special characters, and its periodic change at least every 30 days.
5. The Service Recipient undertakes to apply the utmost care to protect his login and password against unauthorized access, in particular, he undertakes not to disclose them to third parties.
6. The Service Recipient bears full responsibility for actual and legal actions performed as part of the Website functionality by third parties using his Account and data contained therein, in particular in the scope of payment for the Paid Services ordered. The Service Recipient accepts full responsibility for such activities carried out using the Account assigned to him and the data contained therein, as for his own activities.
7. The Service Recipient is prohibited from providing illegal content, content contrary to decency or violating the interests of the Service Provider.
8. The Service Provider may block access to the Account containing content contrary to the law, decency or inconsistent with the interests of the Service Provider or delete such an Account.
9. The Service Recipient is obliged to perform the obligations arising from these Regulations throughout the use of the Services, except for the confidentiality of information on logins and passwords (this obligation lasts indefinitely).

§12

In the event of a breach of the provisions of these Regulations, the Service Recipient is obliged to repair the damage resulting from this breach on the part of the Service Provider.

§13

The Service Provider reserves the right to interrupt the functioning of the Website if they are caused by the repair, maintenance or modification of hardware or software (which works no longer than 1 hour a week) and for reasons beyond the Service Provider control.

§14

The Service Provider is not responsible for any damage resulting from improper use of the Website by the Service Recipient, in particular for the disclosure of Account passwords, disclosure of personal data and for any damage resulting from the cessation of the provision of Services or removal of the Account by the Service Provider in accordance with these Regulations, as well as resulting from damage resulting from the modification of the Website code or its improper use.

§15

The Service Provider is not responsible for the loss of data by the Service Recipient due to external factors or other circumstances beyond the Service Provider control.

§16

The Service Provider reserves the right to store IT data necessary to provide the Service, in particular text files, in the Service User end devices intended for using these Services.

§17

Detailed rules for data storage are discussed in the section related to the "Cookie Policy"

Section 7. Personal data protection - RODO

§18

1. The Service Provider is the administrator of the Customers personal data. The contact takes place via the e-mail address: hello@swotmaker.com.
2. The personal data of the Customers are processed in order to use the Services, conclude and implement the Agreement for the provision of such a Service, settle the Service (accounting) - in the case of Paid Services, consider questions and complaints in the event of their submission, clarify the circumstances of unauthorized use of the Service, as well as in archiving purposes or possible redress, for contact purposes and for direct marketing of own products and services carried out in a traditional form.
3. For the above purposes, personal data will be processed on the basis of: art. 6 (1) (b), (c) and (f) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC ( GDPR), i.e. in connection with the conclusion and implementation of mutual rights and obligations under the Service Agreement or taking action before the conclusion of the contract, at the request of the data subject, implementation, legal provisions regulating in particular archiving matters (accounting regulations, regulations on the expiry of the limitation period for claims) and in connection with the implementation of the legitimate interests of the Service Provider, understood in particular as ongoing contact, receiving and considering complaints, pursuing claims, direct marketing of own products and services carried out in a traditional form. Personal data processed in connection with the implementation of the Agreement will be processed until its finalization, and for archiving purposes - no longer than until the expiry of the relevant limitation period for claims.
4. In the case of Paid Services, the Customer personal data may be made available to the Website partner - PayPal, operating the PayPal.com system, in order to correctly process the payment.
5. With a separate consent, personal data may be processed for marketing purposes in connection with sending commercial information by electronic means, i.e. pursuant to art. 6 sec. 1 point a GDPR. In this case, the data will be processed for the above purpose until the consent is withdrawn.
6. Providing personal data for the purpose of issuing an invoice results from legal provisions (tax regulations). Providing other data is voluntary (it is not a statutory obligation), but failure to provide it means that the Service Provider cannot properly achieve the above-mentioned purposes. Data subjects have the right to access their content and correct (rectify), delete, limit processing, the right to transfer data or object to their processing, the right to withdraw consent (if it is expressed) at any time without affecting for the lawfulness of processing. The data subject has the right to lodge a complaint with the President of the Personal Data Protection Office, if he considers that the processing of his personal data violates the provisions of the GDPR.

§19

The Service Recipient undertakes to post only information on the Website, including personal data relating to the Service Recipient or other persons, in a manner consistent with the law and not infringing the rights of third parties.

§20

The Service Recipient undertakes not to post personal data of third parties on the Website, if he does not have an appropriate legal basis for this. In particular, the Service Recipient may not import to the Website e-mail addresses and other data belonging to persons who, for example, have not directly consented to the Service Recipient consent to the processing of personal data or receiving commercial information by electronic means.

§21

In order for the Service Recipient to provide personal data of third parties to the Service Provider, it is necessary to conclude a data processing agreement in writing. The Service Recipient is responsible for the presence of such an agreement.

§22

The Service Provider reserves the right to remove the personal data of third parties from the Website in a manner inconsistent with the provisions of the preceding paragraphs.

§23

The Service Recipient may not send messages that are unsolicited commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) via the Website.

§24

1. The Service Provider is not responsible for unlawful use of the Website, data (in particular personal data) placed on the Website by the Customer, the presence and correctness of procedures and instructions for processing personal data implemented by the Customer.
2. The Service Recipient is fully responsible for the compliance of the information held by the Service Recipient and processed by the Service Recipient via the Website with the requirements of law, in particular with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in connection with the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (GDPR), other provisions on the protection of personal data, for the purpose and manner of using the Website according to its intended use for the use of a given Service, including lawful processing by the Service Recipient of personal data of third parties and for the Service Recipient authorized transmission of commercial content by electronic means, in accordance with applicable law.

Section 8. Amendments to the Regulations and Final Provisions

§25

The regulations come into force on 01.06.2022 and is available on the website of the Service.

§26

The Service Provider reserves the right to change the Regulations in the event of important reasons, without the need to inform users about it. The user is obliged to follow these regulations, especially when the date of their change is later than the date of registration or subscription purchase.

§27

This version of the regulations was updated on: 21.02.2024 10:26

§28

In the event of a change in the content of the Regulations on the terms set out above, the Service Recipient has the right to terminate the Service Agreement within 14 days from the date of notification of the change in the Regulations, sent by the Service Provider in advance - 21 calendar days.

§29

In the event of changes to the Regulations, the Service Provider will provide a consolidated text of the Regulations by publishing it on the Website.

Section 9. Final Provisions

§30

1. The law applicable to the conclusion of the Agreement for the provision of the Service is the law of the Republic of Poland, and courts - common courts in the Republic of Poland, unless otherwise stipulated in mandatory provisions of law. Any disputes between the Service Provider and the Service Recipient, who is not also a Consumer or an Entrepreneur with consumer rights, shall be submitted to the court having jurisdiction over the Service Provider seat.
2. The choice of Polish law on the basis of the Regulations does not deprive the Consumer of the protection granted to him on the basis of provisions that cannot be excluded by way of an agreement between the Service Provider and the Consumer under the law which, in accordance with the relevant regulations, would be appropriate in the absence of a choice.
3. The Service Provider agrees to submit any disputes with the Consumer arising in connection with the concluded contracts for the provision of services through mediation proceedings.
4. Detailed information on extrajudicial methods of dealing with complaints and redress, the Consumer may search on the website http://www.uokik.gov.pl or at the offices and websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection.
5. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
6. A dispute with a consumer may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.