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Terms of use - Dailyboard

  1. Definitions

    1. Dailyboard - Dailyboard Sp. z o.o. with its registered office in Poznan, ul. Podlaska 15, 60-623 Poznan, Poland entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań - Nowe Miasto i Wilda in Poznań, VII Economic Division of the National Court Register under KRS number: 0001062014, NIP: 7812058140, share capital: PLN 5,000.00, e-mail address: office@dailyboard.io

    2. Service – a service provided by Dailyboard to the Service Recipient, consisting of providing remote access to the Dailyboard Application and enabling the use of functionalities of the Dailyboard Application for use.

    3. Terms of Use -  this document.

    4. User Account - a collection of resources managed by the Company for the User under a unique name (login), where the User’s data and information concerning the User’s activity on Dailyboard Application are collected.

    5. Service Recipient - a business entity entering into an Service Agreement with Dailyboard in accordance with the provisions of these Terms of use.

    6. Service Agreement - an agreement entered into between Dailyboard and the Service Recipient, governing the provision of a Service by the Dailyboard to the Service Recipient, under the terms of the Terms of use.

    7. User - a natural person acting on behalf of the Service Recipient who registers an Account in the Dailyboard Application.

    8. Owner - a User who establishes and runs a new Organization within Dailyboard Application.

    9. Organization - the basic organizational unit of the Service Recipient within the Dailyboard Application, within which Users can operate. The number of Users in the Organization during a Settlement Period forms the basis for Dailyboard’s remuneration for the provision of the Service to the Service Recipient.

    10. Paddle.com or Paddle - the Merchant of Record handling all the payments and refunds related to the use of the Dailyboard Application.

    11. Trial Period - the term comprising 30 days starting on the day of entering into the Service Agreement, during which the use of the Dailyboard Application is free of charge.

    12. Billing Period - the term comprising one month starting on the day following the conclusion of the Trial Period or the day following the conclusion of the previous Billing Period, and ending on the day corresponding to the initial date of the Billing Period, or if such a day does not exist in a given month, the last day of that month, from the beginning of which Dailyboard is entitled to collect compensation from the Service Recipient for the provision of the service.

  2. General provisions

    1. The Terms of use set out the terms, conditions and scope of the provision of Service by the Dailyboard through Dailyboard Application.

    2. The Service Recipient and the User are obliged to use the Dailyboard Application in a manner consistent with its intended purpose, this Terms of Use, and in accordance with the law and good practices, with due regard to the respect of personal rights, personal data, as well as the copyrights and intellectual property rights of Dailyboard, other users, and third parties.

    3. The Service Recipient and the User are prohibited from providing any content of an unlawful nature.

    4. Technical requirements necessary for using the Dailyboard Application: (1) a computer, laptop, tablet, smartphone, or other multimedia device with internet access; (2) access to email; (3) an up-to-date internet browser: Mozilla Firefox, Google Chrome, Microsoft Edge, Safari, or Opera; (4) enabling the ability to save Cookies and support JavaScript in the internet browser; (5) a minimum screen resolution of 1280x1024 pixels for computers and 360x640 pixels for mobile devices.

  3. User Account

    1. The User’s use of Dailyboard Application, is possible once the User Account has been successfully set up, whereby, once the User Account has been set up, a login to the User Account is required each time for the User’s use of Dailyboard Application.

    2. During the establishment of a User Account, the User can create a new Organization within the Dailyboard Application or join an existing Organization upon the invitation of its Owner. The User may only operate within the Dailyboard Application when associated with at least one Organization.

    3. When creating a new Organization during the establishment of a User Account , the User becomes the Owner of that Organization.

    4. The creation of a User Account is voluntary and free of charge.

    5. The User is not allowed to have more than one User Account simultaneously.

    6. The User, within the bounds established by mandatory legal provisions, is absolutely prohibited from renting, selling, lending, or in any other way providing their User Account, including information, data, or (other) services provided by the Dailyboard within the User Account, to third parties, either in whole or in part, permanently or temporarily.

    7. The creation of a User Account l requires the User to complete three consecutive steps: (1) filling out the registration form, (2) clicking the action button. Upon clicking the button, the User Account is created.

    8. In the registration form, it is necessary for the User to provide the following information: first name, last name email address and password as well as accepting the Terms and Conditions and the Privacy Policy.

    9. The User has the option, at any time and without specifying a reason, to delete their User Account by sending a relevant request to Dailyboard, particularly through email at: support@dailyboard.io or in writing to the address: ul. Podlaska 15, 60-623 Poznań, Poland. Dailyboard removes the User Account within 7 days from the date of receiving the respective request from the User.

    10. Deleting the Account by the User prevents the User from further utilizing its functionalities, including specific elements of the Dailyboard Application that were accessed through it.

  4. Service Agreement

    1. The Dailyboard Application is intended for business use only. The party to a Service Agreement can only be the Service Recipient acting as a business. To avoid any doubt, Dailyboard emphasizes that a consumer cannot be a party to the Service Agreement.

    2. The provision of the Service by Dailyboard to the Service Recipient is based on a Service Agreement. The condition for entering into the Service Agreement is the creation of a User Account by an authorized representative of the Service Recipient in accordance with the provisions of Section 3 of these Terms of Use, as well as the establishment of a new Organization. Upon successful creation of a new Organization the Service Agreement is deemed to be concluded.

    3. The Service Agreement is entered into for an indefinite period.

    4. The Service Recipient may terminate the Service Agreement at any time and without stating a reason. Termination of the Service Agreement during the Trial Period takes effect at the end of that Trial Period, whereas termination of the Service Agreement during the Billing Period becomes effective at the end of that Billing Period.

    5. Terminating the agreement as specified in point 4.4 is possible by using the “cancel subscription” button available in the subscription settings within the Dailyboard Application. Alternatively, the agreement can be terminated by clicking on the appropriate link in the email confirming the start of the paid subscription.The only User authorized to terminate the Service Agreement on behalf of the Service Recipient is the Owner.

    6. Upon the termination of the service agreement for any reason, Dailyboard will restrict access to the Dailyboard Application for all Users assigned to the organization covered by this agreement. Full access to the Dailyboard Application for these users can be restored by the Service Recipient after entering into a new Service Agreement.

  5. Payment

    1. Order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Payments for the Service made by the User to Dailyboard are made through the Paddle.com Paddle provides all customer service inquiries and handles returns.

    2. No charges for the use of the Dailyboard Application shall be incurred until the end of the Trial Period. Further use of the Dailyboard Application after the Trial Period shall be possible upon entering credit card details within the Dailyboard Application. The use of the Dailyboard Application after the conclusion of the Trial Period is subject to fees.

    3. The fee for the use of the Dailyboard Application will be automatically charged in advance at the beginning of the first or subsequent Billing Period. The aforementioned fee is calculated by multiplying the number of Users within the Organization at the beginning of the Billing Period by the price specified in the pricing list available at the following address:
      https://dailyboard.io/pricing

    4. The Service Recipient may add Users to the Organization during a Billing Period. In such cases, the fee will be charged for each User proportionally - for the remaining days of that Billing Period. The aforementioned fee will be charged at the beginning of the subsequent Billing Period.

    5. Termination of the Service Agreement during a Billing Period does not constitute a basis for a proportional settlement or refund of the fee.

    6. The Service Recipient, who wishes to receive VAT invoices documenting transactions with Dailyboard, should utilize the “Add VAT” option available in the checkout. Invoices will be provided to the Service Recipient automatically.

  6. Liability

    1. Dailyboard’s liability towards the Service Recipient, regardless of its legal basis, is limited, both for individual claims and for all claims in total, to the amount of the price paid under the Agreement, but not exceeding one thousand dollars. The aforementioned limit applies to all claims made by the Service Recipient against Dailyboard. Dailyboard is only liable to the Service Recipient for typical, foreseeable damages at the time of entering into the contract and is not liable for lost profits.

    2. Dailyboard is not liable to the Service Recipient for damages and non-performance resulting from force majeure or any other reasons beyond the control of Dailyboard.

    3. The Service Recipient is responsible for the actions and omissions of the Users as if they were their own actions and omissions. The Service Recipient also guarantees and undertakes to ensure that Users comply with the rules and conditions for using the Service as specified in the Terms of Use.

    4. In the event of a breach of the rules for the provision of services by Users, the Service Recipient shall be fully liable for them, as if they were their own actions and omissions.

  7. Complaints procedure

    1. Complaints related to the operation of the Dailyboard, may be submitted by the User, for example, via email to the address: office@dailyboard.io or in writing to the address: ul. Podlaska 15, 60-623 Poznań.

    2. The basis and scope of Dailyboard’s legal liability are determined by the generally applicable legal provisions.

    3. Dailyboard recommends providing the following information in the complaint description: (1) information and circumstances related to the subject of the complaint, especially the type and date of the issue; (2) the claim of the complainant; and (3) the contact details of the complainant - this will facilitate and expedite the examination of the complaint by Dailyboard. The requirements mentioned in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.

    4. If the complainant changes their contact information while the complaint is being processed, they are obliged to inform Dailyboard about it.

    5. The complainant may include evidence (e.g., photos, documents) related to the subject of the complaint. Dailyboard may also request the complainant to provide additional information or submit evidence (e.g., photos) if it will facilitate and expedite the examination of the complaint by Dailyboard.

    6. Dailyboard will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.

  8. Intellectual property

    1. The copyrights and intellectual property rights to the Dailyboard Application belong to the Dailyboard or other authorized third parties and are protected by Copyright Law. The protection granted to them covers all forms of their expression.

    2. Dailyboard Application should be treated like any other copyrighted work. The User is not allowed to copy them except in cases permitted by mandatory legal provisions. The User also undertakes not to modify, adapt, translate, decode, decompile, disassemble, or attempt in any other way to determine their source code, except in cases allowed by mandatory legal provisions.

    3. Trademarks of Dailyboard and third-party entities should be used in accordance with the applicable legal regulations.

  9. Data protection provisions

    1. In the context of the provisions of this Terms of Use, the data controller for personal data processed on the Dailyboard Application is Dailyboard. Personal data is processed for purposes, within the scope, and based on the foundations and principles indicated in the Privacy Policy published on the website https://dailyboard.io/privacy-policy. The Privacy Policy primarily contains principles regarding the processing of personal data by the Service Provider on the Internet Portal, including the legal bases, purposes, and scope of personal data processing, as well as the rights of individuals whose data is concerned. It also provides information on the use of cookies and analytical tools on the Dailyboard Application.

    2. The use of Dailyboard Application, including making purchases, is voluntary. Similarly, the provision of personal data by users of the Dailyboard Application, is voluntary, with exceptions as indicated in the privacy policy (concluding a contract and the legal obligations of the Dailyboard). In addition to the Dailyboard, there are Users of Dailyboard Application who are independent third parties in relation to the Dailyboard and can use Dailyboard Application. Users who process personal data obtained through the Dailyboard Application are obliged to process them in accordance with applicable laws, exercise due diligence in the protection of personal data to which they gain access through the Dailyboard Application, and are obligated not to use the obtained data for purposes other than using the Dailyboard Application, unless such actions are authorized by other applicable legal provisions.

  10. Final provisions

    1. The Terms of use and Service Agreements shall be governed by the laws of the Republic of Poland. To the extent not regulated herein, the provisions of universally binding laws of the Republic of Poland shall apply.

    2. Any disputes between Service Recipient or Users and Dailyboard, concerning Dailyboard including connected with the services provided on Dailyboard Application by the Dailyboard shall be resolved by Polish courts of general jurisdiction competent for the registered office of Dailyboard.

    3. Dailyboard and the Service Recipient may enter into a separate agreement that will modify or supplement the terms of service specified in this Document. If there is a conflict between this Document and the agreement, the separate agreement shall take precedence.

    4. Dailyboard reserves the right to make changes to this Terms of Use for valid reasons, including changes in legal provisions directly affecting the content of the Terms of Use; compliance with a legal or regulatory obligation; changes in the scope or form of the provided Services; addition of new Services; and to counteract unforeseen and direct threats related to the protection of Services and Users against fraud, malicious software, spam, data breaches, or other cybersecurity threats. Information about the planned change to the Terms of Use and the new provisions of the Terms of Use will be sent to the Users by e-mail to the e-mail address indicated during the process of creating the User Account or updated later in the User Account. The change to the Terms of Use shall come into force on the date indicated in the email referred to in sentence above, but not earlier than 14 days after the User has been informed of the change to the Terms of Use.

    5. If any provision of these Terms of Use is declared invalid and/or ineffective in whole and/or in part, this shall not affect the validity and effectiveness of the remaining provisions of the Terms of Use. A provision deemed to be invalid and/or ineffective shall be replaced by a provision with wording permitted by applicable law that as closely as possible reflects the purpose of the provision being replaced.

    6. The Terms and Conditions are effective as of December 30, 2023.