Termes et conditions
REGULATIONS OF RESPONDOAI APPLICATION Definitions
Application / System - dedicated RESPONDOAI software and service for Partners, operated by RESPONDOAI and distributed under the business name "RESPONDOAI", available on the Internet in the domain https://www.respondoai.com via mobile applications for Android software. The application allows the establishment of contact between the Partner and the Customer to organize and manage the service and Reservations of the Partner's Services, as well as organize the activities of the Partner's service point. Customer Application - RESPONDOAI's dedicated software and service for Customers, operated by RESPONDOAI and distributed under the business name "RESPONDOAI", available on the Internet at the domain https://www.respondoai.com, via mobile applications for Android software and via widgets that can be embedded on Partners' websites or social media profiles. The Customer app allows Customers to book Partner Services.
RESPONDOAI Price List - defines the scope of basic RESPONDOAI Services and the amount of Fees paid by Partners to RESPONDOAI for the RESPONDOAI Services provided. The details of the RESPONDOAI Price List are specified in the Service Agreement or, in the case of concluding an Online Agreement, in the Partner's Account in the Application. 1. DSA - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act). Customer - an individual who is 18 years of age or older, a legal entity, or an organizational unit without legal personality who has created an account in the Customer Application in order to use the Services offered by the Partners. Partner Account—a part of the Application with IT solutions that allows logged-in users to use the Application. Illegal Content - any information (regardless of its form), which in itself or by reference to an action, including the sale of products or the provision of services, does not comply with the law of the European Union or with the Polish law compatible with the law of the European Union, regardless of the specific subject matter or nature of that law, for example, content that incites to terrorism, content that portrays child sexual abuse, content that incites to racism or xenophobia, content that discriminates, content that violates intellectual property rights, content that violates personal rights or constitutes insult or defamation, content that involves business secrets, links to phishing or fraudulent websites or links that contain malware, including viruses, Trojan horses. Free Period - means 30 calendar days during which a newly registered Partner, subject to acceptance of the Terms and Conditions and other documents required by RESPONDOAI at the time, may use the Application without paying a Fee. Fee or Fees - means the sum of charges payable by the Partner to RESPONDOAI on any account, including in aggregate: price of the basic subscription ("RESPONDOAI Subscription"); fees for additional users using the Partner's Account ("Additional Employees"); charges for additional services as indicated in the RESPONDOAI Price List ("Additional Services"); and any other fees and commissions payable to RESPONDOAI by Partners in connection with the use of the Application, as provided for in the Agreement and other applicable price lists or regulations. Payment System—an electronic payment or payment card system available on the Site that allows payment for Services available on the Site and provided by a third-party operator. Electronic payment or payment card transaction settlement is carried out at the Contractor's choice through, for example, Stripe or another operator indicated on the Service. Partner - an individual, legal entity, or unincorporated organizational unit that uses the Application under the Agreement in connection with its business or professional activity and has created an Account in the Application for itself as an entrepreneur in order to provide Services to Customers. Mobile Payments—The system's functionality allows Customers to make payments for Partner Services through the Payment Provider. Profile - a profile created by the Partner on the Application, including but not limited to (i) Partner's name and address, (ii) contact phone number, (iii) email address, (iv) selected details of Partner's employees/associates (including name/nickname and photo), (v) information about Partner's Services offered (including the name of Partner's Service, its description, duration and actual price, (vi) if applicable - information about the need to prepay or pay a deposit. Reservation - making a Reservation of the Partner Service by the Customer using the Application, indicating the date and time of the Partner Service selected by the Customer. Regulations - these rules and regulations. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons 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), as amended. P2B Regulation - Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users using online intermediary services. AI or AI - software using artificial intelligence (ChatGPT) provided by OpenAI Ireland Limited, based in Dublin, Ireland, address: 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43, Seller - an entrepreneur within the meaning of the Civil Code Act of April 23, 1964 (i.e., Journal of Laws 2023.1610, as amended), who sells Products as part of its business activity. Website - means https://www.respondoai.com. Agreement - an agreement between RESPONDOAI and the Partner regarding the provision of RESPONDOAI Services and the Partner's use of the Application under the terms and conditions set forth in the Terms and Conditions and all other documents required by RESPONDOAI from time to time and accepted by the Partner either through the Online Agreement or the Offline Agreement. Sales Agreement - a sales agreement within the meaning of the Civil Code Act of April 23, 1964 (i.e., Journal of Laws 2023.1610, as amended) concluded between the Seller and the Partner using the Shopping functionality, the subject of which is the sale of a Product to the Partner by the Seller. The rules and regulations of the respective Seller, under which the Sales Agreement was concluded, shall apply to the concluded Sales Agreements in each case. RESPONDOAI is not a party to the Sales Agreements. Service Agreement - a separate agreement for the provision of services between the Partner and RESPONDOAI, concluded through the Offline Agreement. Personal Data Processing Entrustment Agreement - an agreement pursuant to which Partner entrusts RESPONDOAI with all personal data that Partner, as their administrator, will process in the Application using RESPONDOAI Services. When concluding an Agreement, the Personal Data Processing Entrustment Agreement is concluded together with the Service Agreement. At the conclusion of the Online Agreement, the Personal Data Processing Entrustment Agreement is an obligatory and integral part of the Terms and Conditions, and the moment of acceptance of the Terms and Conditions in the Registration process is also the moment of conclusion of the Personal Data Processing Entrustment Agreement. The Personal Data Processing Entrustment Agreement constitutes Attachment No. 1 to the Terms and Conditions. RESPONDOAI Services - services provided by RESPONDOAI to the Partner. Partner Service, Partner Services - any services offered by Partners through the Application to the Customer. Conclusion of Offline Agreement - has the meaning given in Section IV, paragraph 1(a) below. Conclusion of the Online Agreement - has the meaning given in Section IV, paragraph 1(b) below. II. Preliminary Provisions. Contact information The Regulations set out the terms and conditions for the provision of electronic services by RESPONDOAI through the Application, in particular, the terms and conditions for the use of the Application by Partners.
(Contact Information) RESPONDOAI can be contacted by email at contact@responodai.com. III. Types and Scope of RESPONDOAI Services. RESPONDOAI grants Partners access to the Application, allowing direct contact between the Customer and the Partner using AI. Through the Application, Partners can advertise, promote, and offer Partner Services on the Internet and directly to Customers. The Application is available on the Internet through the Website and can also be installed on a mobile device with Internet access. RESPONDOAI Services include: enabling access to the Application; Enabling the creation of a Partner Account and Profile; Enabling the use of the appointment booking calendar, including management of the Partner's Reservations, personnel and equipment; Enabling you to receive and send SMS and email / push notifications; Allowing Partners to access the Customer Application and a widget on the Partner's profile and a widget on the Partner's website and mobile application, enabling online Booking and payment for Partner Services; Provide Partners with an AI-based assistant to manage services, including Reservations and ongoing contact with customers; Providing Customers with the ability to make payments for Services using the Application. The Partner within the Application establishes a Partner Account and a Profile in which he provides his data, including personal data. The data necessary for RESPONDOAI to provide RESPONDOAI Services under the Agreement is the data necessary to establish the Account and Profile. RESPONDOAI ensures the availability of the Application subject to the situations indicated in these Terms and Conditions. The functionalities of the System available to the Partner, including the methods / channels for booking the Partner's Services, as well as the appearance of the Application itself, depend on the current availability of the given solutions and functionalities and may be subject to change for operational and technical reasons. The above shall also apply accordingly to the functionality and appearance of the Application for Customers. The changes referred to in this paragraph shall not constitute an amendment to the Agreement. In order to integrate RESPONDOAI with the messenger the Partner uses (e.g., WhatsApp, Instagram, Messenger, telegram), the Partner is required to provide RESPONDOAI with an access key to enable communication through the API.
IV. Rules for conclusion and termination of the Agreement The conclusion of the Agreement between RESPONDOAI and the Partner occurs in one of the following ways: Execution of the Offline Agreement - by acceptance of (i) the Service Agreement with all attachments thereto; and (ii) the Personal Data Processing Entrustment Agreement with all attachments thereto; and (iii) other documents required by RESPONDOAI from time to time. The acceptance referred to in the preceding sentence shall be made in the form and using the tools / functionalities available and used by RESPONDOAI at the time ("Acceptance of the Service Agreement"). If a Partner who has concluded a Service Agreement and independently completed the registration form available in the Application or on the Website, completed accepting the content of the Terms and Conditions, this does not result in the conclusion of an Online Agreement by that Partner. If an Affiliate who independently completed the registration form available in the Application or on the Website, completed by accepting the content of the Terms and Conditions, then enters into a Service Agreement, then the Service Agreement shall replace the Online Agreement from the date of entering into the Service Agreement. or Conclusion of the Online Agreement - by the Partner independently filling in the registration form available in the Application or on the Website, completed by accepting the content of the Terms and Conditions containing the Personal Data Entrustment Agreement (which is equivalent to concluding the Personal Data Entrustment Agreement) and other documents required by RESPONDOAI at the time. In the registration form, when setting up a Partner's Account, the data whose submission is necessary to set up a Partner's Account and use the System are highlighted and marked. The date of the Agreement between RESPONDOAI and the Partner is: in the case of conclusion of the Offline Agreement - the date of Acceptance of the Service Agreement by the Partner; in the case of the conclusion of an Online Agreement - the date of acceptance of the Terms and Conditions in the Registration process. The contract is concluded: in the case of the conclusion of an Offline Agreement - for the specified period indicated in the content of the Service Agreement, amounting to 3 (three) or 12 (twelve) months, respectively ("Term"). After the expiration of the period referred to in the preceding sentence, the Agreement and the Service Agreement shall automatically convert (i.e., without the need for any declaration by RESPONDOAI or the Partner) into concluded for an indefinite period of time, unless RESPONDOAI or the Partner submits to the other party a declaration (in written or documentary form) of its intention to terminate the Agreement no later than one month prior to the expiration of the Term; in case of Online Contracting -. in the case of Monthly Subscription and Additional Services for Long-Term Subscription (as defined in Section VIII) - for an indefinite period of time; in the case of a Long-Term Subscription, for a fixed term consistent with the duration of the Long-Term Subscription ("Long-Term Subscription Term"). RESPONDOAI or an Affiliate may, at the latest one month prior to the expiration of the Long-Term Subscription Term, make a statement to the other party of its intention to terminate the Agreement. The statement may be made in written or documentary form (e.g., e-mail). If RESPONDOAI or the Partner does not make a statement of intent to terminate the Agreement to the other party no later than one month prior to the expiration of the Long-Term Subscription Term, the Agreement will automatically convert (i.e., without the need for RESPONDOAI or the Partner to make any statements) into one concluded for an indefinite term, and the Long-Term Subscription into a Monthly Subscription. In the event that RESPONDOAI or Partner makes the declaration referred to in the preceding sentence, (i) the Agreement will terminate upon the expiration of the Long-Term Subscription Term, (ii) any agreements for Additional Services to the Long-Term Subscription will terminate. Without prejudice to the provisions of Section VIII below, termination of the Agreement shall be subject to the following rules: in the case of an Offline Contract - only after the expiration of the Term, RESPONDOAI and the Customer may terminate the contract by giving 1 (one) month's notice, effective at the end of the next billing period; in the case of the Online Agreement - for the Monthly Subscription and the Additional Services for the Long-Term Subscription (defined in Section VIII) - RESPONDOAI and the Affiliate may terminate the Agreement by giving one (1) month's notice, effective at the end of the next billing period. The Partner shall submit the termination notice in writing, to the address indicated in Section II, paragraph 2(b) of the Terms and Conditions, or in documentary form, to the email address indicated in Section II, paragraph 2(a) of the Terms and Conditions. In order to be effective, the termination notice should allow RESPONDOAI to identify the Partner. RESPONDOAI shall submit the termination notice in writing or in documentary form, to the Partner's address or to the Partner's email address indicated by the Partner in the Partner Account. Termination of the Agreement does not exclude the Partner's obligations to pay the Fees accrued during the term of the Agreement. Partner being: consumer or a natural person entering into an Agreement directly related to his/her business activity, when the Agreement does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity shall have the right to withdraw from the Agreement within 14 days of its conclusion, without stating a reason and without incurring costs, subject to paragraph 11 below. The Affiliate may agree to allow RESPONDOAI to begin providing the Services before the end of the withdrawal period. In this case, the Partner will be obligated to pay for the Services performed up to the time of the withdrawal notice. Partner may cancel the Agreement by sending to RESPONDOAI's Contact Information (RESPONDOAI's email or postal address): form of withdrawal from the Agreement constituting Appendix No. 2 to the Regulations or another statement expressly expressing the will to withdraw from the Agreement. V. Detailed terms and conditions for the provision of services under the Application The Affiliate gains access to the functionality and content of the Application after concluding the Offline Agreement or, in the case of the Online Agreement, after plugging in the card, which means that the Affiliate fills out a form on his/her own, which includes the requirement to indicate invoice details and enter payment card details, while agreeing to charge the RESPONDOAI Services Fees in advance. Under Section IV, Paragraph 9 above, during the Free Period, the Partner shall be granted access to incomplete functionality and content of the Application. The Partner shall provide RESPONDOAI with complete and truthful personal, invoice, contact and other data required by RESPONDOAI and shall verify and update such data without any request from RESPONDOAI. RESPONDOAI sends all notifications regarding the Agreements, RESPONDOAI Services, Partner Account, and Application, as well as invoices to the data provided by the Partner (e-mail, telephone). Thus, RESPONDOAI is not responsible for any damages incurred by the Partner due to the provision of false data, failure to update data, or failure to receive messages / communications addressed by RESPONDOAI. RESPONDOAI, in order to enable the Partners to use the Application, with the conclusion of the Agreement, grants the Partners a non-exclusive, non-transferable, non-transferable, granted for the term of the Agreement, limited to the territory of the Republic of Poland, taking into account the extraterritorial nature of the Internet, license to use the Application (the "Partner License"). The aforementioned License in favor of the Partner entitles the Partners only to the temporary reproduction of the Application by displaying it in a web browser and to its permanent reproduction by installing the Application on a mobile device in order to use it in accordance with its purpose and functionality as specified in the Terms of Use. Partner acknowledges that use of the License for the benefit of Partner in a manner inconsistent with the Terms and Conditions may result in infringement of RESPONDOAI's copyrights in the Application, and Partner may be held legally liable therefor. Establishment of a Partner Account in the Application by the Partner is tantamount to: The beginning of the Free Period; Acknowledgement and acceptance of the provisions of the Terms and Conditions and any other documents made available from time to time by RESPONDOAI; conclusion of the Online Agreement and the Personal Data Processing Entrustment Agreement in the case of conclusion of the Online Agreement; by making a statement that all data provided to RESPONDOAI by the Partner is up-to-date and truthful; authorizing RESPONDOAI to process the Partner's personal data stored in the Partner's Account for the purpose of providing services within the Application and for diagnostic and statistical purposes; In the case of a partner who conducts business and is an entrepreneur, the submission of a statement that the partner is an entrepreneur is within the meaning of generally applicable laws. By agreeing to receive system messages related to the use of the Application at the e-mail address provided, the Partner agrees: for Customers to contact him directly at the e-mail address or telephone number provided by the Partner; that the data provided by him/her, including personal data and information, including photos provided by him/her in the Application and Profile, will be visible to other Partners and Customers, as well as to all Internet users; For RESPONDOAI to send messages in the Application, including notifications of changes in the Application, in particular, technical interruptions in the operation of the Application, changes in the Terms and Conditions, new content published in the Application, new messages and events in the Application - via messages directly in the Application and to the e-mail address indicated in the registration form. All data and information is provided by the Partner voluntarily. An Affiliate can have more than one Profile only if it has an additional subscription. Profiles created in violation of paragraphs 7 - 8 above will be deleted by RESPONDOAI. The number of Additional Employees and Services that can be added to a profile depends on the subscription level. The Partner is obliged to inform RESPONDOAI of the actual number of Additional Employees using the Partner's Account, including the obligation to update the subscription data immediately after adding each new Additional Employee. If the Partner fails to provide RESPONDOAI with the information referred to in the preceding sentence, RESPONDOAI shall be entitled to remove any excess Additional Employees from the Partner's Account of which RESPONDOAI has not been informed. When using the Fiscalization Functionality, Partner is required to: VI. Partner's Activities. Partner's Content The partner undertakes that: will make available in the Partner's Account information on the main features of the services it provides; entering data into the Application, Profile Account, will be authorized to do so and will not violate the rights of third parties by his actions; all information and data provided by him in the Application, Account, and Profile will be true. The Affiliate may post content belonging to the Affiliate on its Profile, in particular, descriptions of services provided, prices for services provided, and texts ("Affiliate Content"). Upon Partner's posting of any Partner Content on the Application, Partner grants RESPONDOAI a non-exclusive, royalty-free, territorially unlimited, and indefinite license ("License to RESPONDOAI") to use the Partner Content posted on the Application in accordance with the Terms and Conditions, in the following fields of exploitation, known at the time of granting the License to RESPONDOAI: In terms of recording and reproduction of Partner's Content - production of copies of such content by a specific technique, including digital, magnetic recording, and printing and reprographic techniques; In terms of circulation of the original or copies on which the Partner's Content was fixed - marketing of the original or copies of the work; with respect to dissemination of Partner's Content in a manner other than that specified under letter b) above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making such content available to the public in such a way that anyone can access it from a place and at a time of their own choosing, including making such content available on the Internet, in particular in the Application; whereby Partner agrees that consistent with the scope of the RESPONDOAI License described above, the use of Partner's Content covered by this RESPONDOAI License shall not infringe on anyone's copyrights, including personal copyrights, particularly with respect to the right to mark the work with the author's name. The scope of the License to RESPONDOAI indicated in paragraph 2 above includes RESPONDOAI's right to: use of Partner Content and content posted on the Application by third parties, for the purpose of providing services, for informational purposes, and for the promotion or advertising of the Partner, the Application or the Application to the Customer - also after the Partner resigns from the RESPONDOAI Services after the Partner's Account is deleted, and after the Partner's Content is removed from the Application; Use of Partner's Content made available on the Application without territorial restrictions; The user agrees to use the application in accordance with the laws applicable in their country. The developer is not responsible for any use of the application that violates local laws. to grant further licenses to use Partner Content within the limits of its License to RESPONDOAI. Partner's cancellation of RESPONDOAI Services or removal of Partner's Content or Partner's Account from the Application shall not affect the validity of the aforementioned License in favor of RESPONDOAI. The Affiliate may independently post within the Application, including on its Profile, the logotype / company (name) belonging to it, which constitutes a trademark covered by a protection right ("Logo"). The Partner is aware that with the posting of the Logo, the Partner grants RESPONDOAI permission to use the Logo for the purpose of providing services, for informational purposes and for the promotion or advertising of the Partner, the Application, or the Application to the Customer, in particular on the Internet, without time and territorial restrictions. The Partner agrees not to withdraw such consent, and in the event of withdrawal in violation of the above obligation, RESPONDOAI shall not be obligated to remove the Logo distributed prior to the date of withdrawal of consent. Partner shall be fully liable in damages to RESPONDOAI for any damages RESPONDOAI suffers as a result of the posting of Partner's Content on the Application and RESPONDOAI's use of such Content under the terms of the License to RESPONDOAI and the use of content posted on Facebook and Instagram social media under the terms set forth in paragraph 10 below. In the event that any claims are made against RESPONDOAI by any third parties, Partner shall indemnify RESPONDOAI from all liability and pay all reasonable costs related thereto. Partner shall be liable for its own act or omission for the acts and omissions of persons with whose help it uses the Application, in particular - its employees and associates. In addition, the Partner undertakes: allow RESPONDOAI to carry out verification of the content posted on the Application and Partner Accounts and Profiles-Visit Cards in terms of their authenticity and compliance with the Terms and Conditions, in particular by providing a valid phone number and providing additional explanations; not use any content owned by RESPONDOAI for any purpose other than the proper use of the Application; not use any content of other Partners, Vendors, or Customers without their express consent; not to conduct, including through the Application, any activity or post in the Application, in their social media profiles - Facebook and Instagram, Partner's Account or Profile any content (including information, photos, texts and others): (i) violating the law, contrary to good morals or rules of social coexistence (including: pornographic, suggestive of the sexual nature of services, aiming to promote a particular service through content of a sexual, ambiguous or unethical nature), (ii) related to drugs, legal highs, alcohol or other stimulants, as well as the organization of gambling, (iii) violating the rights and personal rights of third parties, (iv) violating the rules of fair competition, (v) violating the provisions of the Terms and Conditions, (vi) related to or referring to tantra and practices similar to it, or (vii) harming the good name, reputation or reputation of RESPONDOAI (respectively, "Prohibited Activities" and "Prohibited Content"); Use the Application only in a manner consistent with its intended use; not to copy, modify, distribute, or reproduce all or part of the Application; not offer or advertise services or products whose sale or advertising is prohibited or restricted in accordance with applicable laws, and whose offering or marketing is prohibited in accordance with applicable laws - in particular, advertising of alcohol, tobacco products, medicinal products, narcotics, and similar products is prohibited in the Application; not to give third parties access to the Partner's account in the Application, except for the Partner's authorized employees and associates - the Partner is solely responsible for the confidentiality and security of his/her account, including keeping passwords and login confidential; Immediately notify RESPONDOAI of any unlawful use of the Partner's Account by third parties; immediately inform RESPONDOAI if third parties assert their claims due to infringement by the Partner through the Application: Do not post on your Profile or on the profiles-visitors of other Partners, opinions about yourself or the services you provide. People employed or cooperating with a Partner may not add opinions about other people employed or cooperating with that Partner, and professionals with the same specialization may not add opinions about each other. VII. Reservation, its confirmation and cancellation Booking is made through the Application for the Customer. Confirmation of the Booking takes place automatically or is done manually by the Partner, via the Application. The Reservation and the conclusion of the contract between the Partner and the Customer occurs at the moment of its confirmation. The Application allows contact and management of the Reservation through an assistant that is an AI. The terms and conditions under which a Booking is made may be specified by the Partner in the information (terms and conditions, etc.) made available to the Customer in the Customer Application prior to making a Booking. The content of such information and generally applicable regulations, in particular consumer rights regulations, determine whether, what type, and what content of the contract is concluded between the Partner and the Customer at the time of confirmation of the Booking request ("Booking Terms"). Partner may include a redirect to external reservation systems within the responses sent by the Application. The Terms and Conditions of Reservation do not exclude or may not limit the rights of the Customer as a consumer under generally applicable laws, in particular, the right to withdraw from a contract concluded at a distance. VIII. Fees and invoicing In consideration of the use of RESPONDOAI's Services, the Affiliate shall pay RESPONDOAI all Fees in the amount specified in the Agreement or other applicable documents (e.g., regulations or price lists for promotions or packages). Payment of the Fees will be made to RESPONDOAI's bank account indicated on the VAT invoice issued by RESPONDOAI or by automatic debiting of the Fees from the Partner's payment card. RESPONDOAI offers two forms of payment settlement for RESPONDOAI Subscription and Additional Employees, to be chosen at the Partner's discretion: monthly billing ("Monthly Subscription"), and settlement in a cycle longer than one month ("Long-Term Subscription"). IMPORTANT INFORMATION regarding the Long Term Subscription. The Long-Term Subscription includes settlement of a period of more than one month and not more than 12 months. It is paid once, in advance, according to the following rule:(RESPONDOAI Subscription price + fee for the number of Additional Employees at the time of inclusion of the Long-Term Subscription) x (number of months of the Long-Term Subscription). The Long-Term Subscription price does not include services other than those indicated under b). This means that if, after activating the Long-Term Subscription, the Partner adds additional Additional Employees or uses other RESPONDOAI services - these fees will be billed separately, on a monthly basis ("Additional Services to the Long-Term Subscription"). The fee for the Long-Term Subscription is non-refundable. The Affiliate shall not be able to cancel the Long-Term Subscription during the Long-Term Subscription Term and receive a refund of the fee paid or a proportionate part thereof, subject to the entitlement referred to in Section IV, Paragraphs 10-12 of the Terms and Conditions. In the event that the Affiliate reduces the number of Additional Employees from the number current at the time of activation of the Long-Term Subscription, the Affiliate will not be refunded the pro rata portion of the prepaid and unused Long-Term Subscription. This section is without prejudice to the rights of the Partner and RESPONDOAI as set forth in Section IV, paragraph 4(b) of the Bylaws. The Partner states that by accepting these Terms and Conditions, it also agrees that RESPONDOAI may issue electronic invoices in accordance with applicable laws and send them electronically to the email address indicated by the RESPONDOAI Partner. It is the Partner's responsibility to provide an up-to-date invoice email address, to add RESPONDOAI to trusted contacts so that the invoice email is not filtered out as spam, and to notify RESPONDOAI immediately if the invoice email address changes, without a call from RESPONDOAI. RESPONDOAI agrees to send invoices electronically in PDF format in a manner that ensures the authenticity of the origin, integrity of the content, and legibility of the invoices issued from the moment of issuance until the expiration of the statute of limitations on tax liability, as required by Article 106m of the Value Added Tax Law of March 11, 2004, during the term of the consent referred to above. Duplicate and corrected invoices for electronic invoices will be issued and sent electronically (e-mail) in PDF format. Electronic invoices shall be deemed delivered when they are entered into an electronic means of communication in such a way that the Partner can read their contents. If the Partner revokes the consent referred to above, RESPONDOAI shall lose the right to issue electronic invoices on the business day following the day on which RESPONDOAI received the Partner's notice of revocation of consent. In the event that RESPONDOAI withdraws its consent to send invoices electronically, RESPONDOAI will send invoices via snail mail to the Partner's address at an additional fee of PLN 50 net per month. With the withdrawal of consent to send invoices electronically, the Partner agrees to be charged an additional fee. The rules and deadlines for issuing VAT invoices and the deadlines for payment of VAT invoices are set forth in the RESPONDOAI Price List or RESPONDOAI Boost Package, respectively. Failure to pay the Fee, or any portion thereof, within the designated time period will result in the suspension of all RESPONDOAI Services and the blocking of the Partner's Account. RESPONDOAI Services will be resumed, and the Partner's Account will be unblocked within 12 hours on the next business day (Monday - Friday, 9:00 a.m. - 5:00 p.m., excluding Saturdays and public holidays) after the Partner has provided RESPONDOAI by email with proof of payment in full or after the amount due has been credited to RESPONDOAI's account. In the case of Online Agreement, in the situation of inability to collect the Fee from the payment card, the Partner's Account is unlocked when the Partner refills the funds on the card and renews the payment through the Application. Alternatively, the Partner may apply to RESPONDOAI and request to renew the collection of the Fee. The Account will be unblocked immediately after payment of the total Fee due. If the Partner activates the card payment option, the Customer's payment made using a payment card will be reduced by any currently applicable fees of payment service providers and payment institutions, as well as the commission referred to below. An invoice for the fees and commissions charged will be issued and sent after the end of the billing period. X. Powers and Responsibilities of RESPONDOAI RESPONDOAI is never a party to any agreement between the Partner and the Customer, particularly in connection with a Booking made by the Customer. Accordingly, RESPONDOAI shall not be liable for the acts or omissions of the Client, including the Client's payment for the Partner Service or any other payment due to the Partner from the Client. The Partner is obligated to provide the Partner Services in accordance with applicable laws and regulations and is solely responsible to the Client for any violations thereof. In particular, the Partner agrees to provide the Customer with the information required by law in the manner required by law and agrees to allow the Customer to exercise its consumer rights. RESPONDOAI is authorized to conduct verification activities to check the content posted on the Application and Accounts and Profile for authenticity and compliance with the Terms and Conditions. For: receipt by RESPONDOAI of an official notice, other information, or otherwise becoming aware of a suspicion that the Affiliate is conducting Prohibited Activities or publishing Prohibited Content; Partner's violation of the terms of the Agreement, including the provisions of the Terms and Conditions, or acting in a manner intended to circumvent them, including manipulation of the price of Partner's Service or the status of the Booking; offensive behavior toward Customers, other Partners, employees, and associates of RESPONDOAI (including through threats or use of profanity and the like); RESPONDOAI becoming aware of (i) the Partner's behavior that endangered the health of the Customer or caused bodily injury or other harm to the Customer, or (ii) repeated complaints or negative feedback from Customers regarding the Partner's level of service or other behavior toward Customers or accompanying the provision of services, RESPONDOAI shall have the right to take one or more of the following remedial actions (at RESPONDOAI's sole discretion) (the "Remedial Actions"). Outreach activities include the following capabilities: to request the Partner to immediately remove the Prohibited Content from the Application / Profile or to update the content, under penalty of refusal to post the content in the Application / Profile, blocking access to that content or deleting it; or to call on the Partner to immediately stop violating or circumventing the Agreement, including the Terms and Conditions; or refuse to post content on the Application / Profile, immediately block access to the content posted on the Application / Profile, remove content from the Application / Profile; or Temporary or permanent blocking of given functionalities or packages used by the Partner; blocking or deleting the Affiliate's Account / Profile or terminating the Agreement immediately without notice ("Sanction Termination"); in the event of a Sanction Termination, the Affiliate shall not be refunded a pro rata portion of the prepaid and unused Long Term Subscription; Taking any remedial action by RESPONDOAI, including a Sanction Termination, does not relieve the Partner from the obligation to pay the Fees accrued for the RESPONDOAI Services until the Sanction Termination / taking a Remedial Action. In the case of promotions with contractual penalties, this shall be the basis for contractual penalties for early termination due to Partner's fault. In the situations referred to in paragraph 3 above, RESPONDOAI will notify the Partner via email or through the Application of its intention to block access to the Partner's Content, remove content from the Application / Profile, block the Partner's Account or Sanction Termination. In cases of urgency, RESPONDOAI will block access to the Content, remove the Content from the Application / Profile, or block the Partner's Account without notice of such intention. In the event that any claims are directed to RESPONDOAI, or a legitimate request for access to the Partner's data is made by authorized authorities or by an entity intending to assert claims, RESPONDOAI is entitled to review the facts and possibly secure and transfer the Partner's data and other information posted on the Application, necessary for the execution and securing of any claims or fulfillment of requests. RESPONDOAI's aggregate liability under the Agreement and the services provided through the Application does not include lost profits and is limited from all titles to an amount equal to the sum of the remuneration RESPONDOAI received from the Partner during the three months prior to the date of the damage. RESPONDOAI shall be liable to the Partners only for damages incurred by the Partners as a result of the use of the Application and only such damages that were caused solely by RESPONDOAI's willful misconduct. RESPONDOAI shall not be liable to the Partner for: take any of the actions referred to in paragraphs 3 and 4 above; interruptions in the functioning of the Application resulting from causes beyond RESPONDOAI's control, in particular constituting force majeure or as indicated in paragraph 10 below; operation of data communications systems and telecommunications networks when Customers make payments through the Application and Customer Application; problems or technical difficulties on the part of the Partner related to the operation of computer equipment, telecommunications equipment, or Internet access that hinder or prevent the use of the Application or the services offered through it; Authenticity, reliability, correctness, truthfulness, completeness of data and information posted in the Application by the Partner and transmitted by the Partner through the Application; damages caused by the Partner in connection with the operation of the Application or its activities therein, including those related to violation of the Terms and Conditions, unauthorized use of data provided through the Application, providing data and information that is false, incomplete, outdated, or failure to update it; damage caused by the Partner through violation of the rights of third parties, as well as damage caused by the actions of third parties; damages caused by the Partner in connection with their improper performance or non-performance of the agreements concluded through the Application or Services; damages incurred by the Partner due to the Customer's acts or omissions; The content of opinions published by Customers in the Customer Application; The effectiveness of marketing activities carried out by Partners for the benefit of Customers through the Application. RESPONDOAI has the right to temporarily discontinue services in the event of failure, overhaul, or upgrade of the ICT system belonging to RESPONDOAI. In case of termination of the Agreement by RESPONDOAI, the Partner's Account, and all related data and information are permanently blocked. RESPONDOAI shall notify the Partner of the termination and permanent blocking of the Account. In the event of termination of the Agreement by RESPONDOAI and permanent blocking of the Account, the Partner shall not be entitled to any claims against RESPONDOAI in connection therewith. RESPONDOAI will, upon the Partner's request, provide the Partner with the data and information belonging to the Partner stored by the Partner in the Application within 3 months after the termination of the Agreement. After the expiration of this period, the data will be deleted. RESPONDOAI, in accordance with Article 6 of the DSA, is not responsible for the content stored in the System after it has been entered by the Partner, provided that: does not have actual knowledge of illegal activity or illegal content, and with respect to claims for damages, does not know of facts or circumstances that clearly demonstrate illegal activity or illegal content; or shall promptly take appropriate action to remove or prevent access to illegal content when it obtains such knowledge or news.
XI. Complaints. Notifications regarding Prohibited Content
Any complaints related to the malfunctioning of the Application, the Partner may report by e-mail to the e-mail address: contact@respondoai.com . Complaints will be processed within 30 days from the date of receipt by RESPONDOAI. In intricate cases, or when it is not possible to recognize the complaint within the above time limit for reasons beyond RESPONDOAI's control, RESPONDOAI reserves the right to extend the time limit for recognizing the complaint. RESPONDOAI reserves the right to require the complainant to provide information or clarification when the investigation of the complaint requires it. The explanations or information should be provided by the Partner immediately but no later than within 30 days. In case of failure to comply with this deadline, RESPONDOAI is entitled to leave the complaint unprocessed and shall not be liable for it. RESPONDOAI's decision on the complaint will be sent to the email address indicated in the Agreement or from which the Complaint was submitted. In order to make a complaint about a Product ordered using the Shopping functionality, the Affiliate should submit the complaint directly to the Vendor, in accordance with the procedure made available in the regulations of the Vendor and to the addresses indicated by the Vendor. RESPONDOAI is not a party to the Sales Agreements and is not responsible for their execution by the Vendors. Anyone can report to RESPONDOAI information they consider to be illegal content. Within six months from the date RESPONDOAI notifies the decision, the applicant or Partner in the case concerning him/her may file a complaint free of charge at contact@respondoai.com. The complaint referred to in the preceding sentence shall be entitled to: notifier on decisions regarding the notification referred to in paragraph 6 above; Partner on the decision to remove information or prevent access to it or limit the visibility of information; Partner on the decision to suspend or terminate the service, in full or in part; Partner on the decision to suspend or close his or her Account; Partner on matters referred to in the P2B Regulation. RESPONDOAI will hear the complaint within a reasonable time. The partner or applicant on the decision referred to it in paragraph 7, letters a-d. above, shall have the option to use any certified out-of-court dispute resolution bodies. The Partner, with respect to the matters referred to in paragraph 7(b-e) above, has the option of mediation by one of the mediators from the Mediation Center at the National Council of Legal Advisors, upon RESPONDOAI's prior consent to mediation. By bringing cases to mediation, the Partner is aware that it may be charged by the mediator for part of the costs of such proceedings, and RESPONDOAI will bear only a reasonable portion of them. The list of mediators and the rules of the mediation procedure are available at https://mediacje.kirp.pl/. For: frequent transmission of obviously illegal content, the frequent making of obviously unfounded notifications referred to in paragraph 6 above, or filing of often obviously unfounded complaints, as referred to in paragraph 7 above, RESPONDOAI, after issuing a prior warning, shall suspend for a reasonable period of time, as applicable, the provision of services to the Partner (sub-paragraph a), the ability to process requests through the mechanism referred to in paragraph 6 above (sub-paragraph b), or the ability to file complaints referred to in paragraph 7 above (sub-paragraph c). When deciding on the application of the sanctions referred to in paragraph 10 above, RESPONDOAI shall, with due diligence, take into account all relevant facts and circumstances based on the available information, including in particular: The number of obviously unfounded notifications or complaints that were forwarded, made, or filed, respectively, during the period in question; the relative ratio of such number to the total number of information or notifications respectively provided or made in a given period; The burden of abuse and its consequences; the intent of the Partner or applicant referred to in paragraph 6 above, if it can be determined. XII. Technical Requirements In order to use the Application, it is necessary to have devices that allow access to the Internet, e-mail, and a web browser. Use of RESPONDOAI Services through the Application requires an active Internet connection. Use of the Application on a mobile device requires a working mobile device. The Affiliate shall, on its own and at its own risk, ensure that the technical requirements of the mobile device are met, that it is configured, that its software is up-to-date, and that it has access to the Internet. Technical requirements that the equipment must meet:
Phone: the Android operating system not older than version 10; Tablet: Android operating system not older than version 10; PC: minimum 1.4GHz processor, 4.0GB RAM, Google Chrome browser recommended, Internet access. RESPONDOAI uses cookies to collect information related to the use of the Application. Cookies are text files that are stored on the hard drive on the computers of visitors to the Application for the purpose of storing information and data relating to the use of the Application. Failure to enable cookies may cause irregularities or difficulties in the functioning of the Application. Most web browsers in use (e.g., Firefox, Google Chrome, or Internet Explorer) include an option to refuse the request to store cookies. The affiliate can independently set the browser to refuse requests to store all or selected cookies. Specific risks associated with the Partner's use of the Application include sharing login credentials with unauthorized persons who may intentionally alter the configuration of the Partner's Profile or Account. This applies in particular to important elements of the Profile, such as types of Services offered, price lists, photos, and other information about the Partner. Therefore, it is necessary to keep the passwords to the system secret, as well as to separately configure access to the Application for the Partner's employees.
XVI. Personal Information. Privacy RESPONDOAI and Partner process Customers' personal data for their own purposes, so they are separate controllers of their personal data. Upon confirmation of the Reservation, a contract between the Customer and the Partner for the provision of Services by the Partner to the Customer is concluded. In addition: The Client may grant the Partner in the Client Application consents for the Partner to process personal data for purposes other than the performance of the contract with the Client and consents for marketing communications; RESPONDOAI makes available to the Partner through the Application the personal data of the Customer needed for the Partner to provide the Services to that Customer; The Partner becomes the controller of such Customer's personal data and is therefore obliged to comply with the principles set forth in the GDPR and is liable under the regulations. Independently, in order to enable RESPONDOAI to provide to the Partner the services within the Application for which processing is necessary: Personal data of Customers who have made a Reservation; personal data of persons the Partner uses when using the Application (employees, associates, contractors, etc.); Customers who have consented to the Partner sending marketing communications; it is necessary for the Partner to entrust the processing of personal data of such persons, and therefore the Partner and RESPONDOAI enter into a Personal Data Processing Entrustment Agreement. The Partner is aware that termination of the Personal Data Processing Entrustment Agreement will result in RESPONDOAI's inability to provide RESPONDOAI Services to the Partner under the Agreement to the extent requiring the processing of data whose controller is the Partner, and therefore, with the termination of the Personal Data Processing Entrustment Agreement - in accordance with Article 475 §1 of the Civil Code - RESPONDOAI's obligations in this regard shall cease. When the Partner uses the tools available as part of RESPONDOAI Services (e.g., appointment calendar, reminders, marketing) - RESPONDOAI will process the Customer's data on behalf of the Partner under the terms of the Data Processing Entrustment Agreement. The purposes for which the Partner will be able to process the Customer's data will depend on whether and what consents the Customer has given to the Partner to process its personal data, whether those consents have not been withdrawn, or whether the Customer has objected to the Partner's processing of its personal data. The Partner is also the controller of the personal data of a Customer with whom it enters into a contract outside the Application (e.g., at a salon). If it enters this data into the Application, it is still the data controller, and RESPONDOAI processes the data on behalf of the Partner under the Personal Data Processing Entrustment Agreement. RESPONDOAI processes data, including the Partner's personal data, only to the extent necessary to properly provide RESPONDOAI Services and properly perform the Agreement. RESPONDOAI is not responsible for the scope of Customers' personal data collected by Partners and for the legality of the collection of such data by Partners. The detailed obligations of the parties in this regard are contained in the Personal Data Processing Entrustment Agreement. RESPONDOAI's privacy policy, including the cookie policy, is available on the Website. The Partner's personal data may be made available to the Seller, with whom the Partner has entered into a Sales Agreement using the Shopping functionality, for the purpose of executing the Agreement and fulfilling the Sales Agreement entered into between the Partner and the Seller. Detailed information on the processing of personal data will be made available by the Seller, in case of questions on how the Seller processes personal data, please contact the Seller directly.
XVII. Final Provisions RESPONDOAI reserves the right to change the Terms and Conditions, including its integral parts, i.e., the RESPONDOAI Price List and other documents used by RESPONDOAI for a valid reason. A valid reason is: comply with generally applicable laws, interpretations, or guidelines of authorized bodies; issuance of a judgment, decision, or other similar act by a court or authorized body; to prevent violations of the Rules or to prevent abuse, as well as to remove ambiguities or doubts of interpretation regarding the content of the Rules; changes in the names, addresses, or company data indicated in the body of the Regulations; Changes in the technical parameters or functionality of the System; changes in the scope, form, terms, or price of RESPONDOAI Services. RESPONDOAI will notify the Partner of any changes to the Terms and Conditions via email sent to the email address associated with the Partner's Account at least 15 days prior to their effective date. The Partner may choose not to accept the changes, in which case the Partner has the right to terminate the Agreement with immediate effect by submitting an appropriate written or documentary statement in accordance with Section IV, paragraph 6 of the Terms and Conditions within 15 days of receiving the notification of the change. RESPONDOAI may amend the Terms and Conditions without observing the notice period referred to in paragraph 2 above in the event that RESPONDOAI: is subject to a legal or regulatory obligation under which it is required to amend the Regulations in a manner that prevents it from meeting the notification period, must exceptionally amend the Terms and Conditions to address an unforeseen and imminent threat to protect RESPONDOAI Services, Customers, or Partners from fraud, malware, spam, data breaches, or other cyber security threats. Any disputes arising under the Agreement will be resolved by the common court of competent jurisdiction for the seat of RESPONDOAI. RESPONDOAI shall have the right to send to the email address of the Partner provided to RESPONDOAI any reminders, calls for payment or notices regarding the Partner's arrears of Fees to RESPONDOAI. In the event that any provision of the Agreement or the Terms and Conditions, as well as other documents accepted by the Partner, proves to be invalid or ineffective, this will not, in any case, result in the invalidity of the Agreement. In such a situation, the parties will use their best efforts to replace the provision deemed invalid or ineffective with a valid and effective provision as close as possible to the original intention of the parties. The relationship between RESPONDOAI and the Partner is governed by: in the case of the conclusion of the Offline Agreement, the Terms and Conditions and the Service Agreement and the attachments indicated therein; in the case of Concluding an Online Agreement: the Terms and Conditions, including its integral parts: Attachment No. 1 - Data Processing Entrustment Agreement for Partners Concluding an Online Agreement; Attachment No. 2 - Model withdrawal form; Attachment No. 3 - RESPONDOAI Price List - available at: http://localhost:3000/en#pricing or in the Partner's Account in the Application; Appendix No. 1 to the RESPONDOAI Biz Application Regulations Personal Data Processing Entrustment Agreement. for Online Contracting Partners §1 DEFINITIONS All terms capitalized in this Personal Data Processing Entrustment Agreement shall have the meaning given in Section I of the Regulations, to which this Personal Data Processing Entrustment Agreement is attached. Other than those indicated in paragraph 1 above, the terms used in the Personal Data Processing Entrustment Agreement shall have the following meanings: Administrator - a natural or legal person, public authority, entity, or other entity that, alone or jointly with others, determines the purposes and means of processing Personal Data. Personal Data - any information about an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular on the basis of an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person. Processor - an entity that processes Personal Data on behalf of the Administrator. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons 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). §2 SUBJECT MATTER OF THE PERSONAL DATA PROCESSING ENTRUSTMENT AGREEMENT Pursuant to the Personal Data Processing Entrustment Agreement, Partner, acting as Administrator, entrusts RESPONDOAI, as Processor, in accordance with Article 28(3) of the GDPR, with the processing of Personal Data to the extent specified in §3 of the Personal Data Processing Entrustment Agreement. §3 SCOPE OF ENTRUSTMENT The subject of the entrustment of Personal Data processing under the Personal Data Processing Entrustment Agreement is any Personal Data that the Partner, as their Administrator, will process in the Application using RESPONDOAI's Services under the Agreement concluded with RESPONDOAI. The Personal Data referred to in paragraph 1 above includes, in particular: Personal Data of the Partner's customers, employees, or associates, such as: name, surname, e-mail address, telephone number, tax ID number or PESEL number; other than those indicated in (i) above, Personal Data resulting from the specifics of the RESPONDOAI Services to be used by the Partner under the Agreement, in particular, Personal Data related to the Customer's Booking history of the Partner's Services and its activity in the Application concerning the Partner, including: Personal Data of the aforementioned persons entered by them into the Application during their use of its functionality, including Customer Data related to their use of the Partner's services; Personal Data of Customers, made available to the Partner by RESPONDOAI under the Agreement in connection with the Customer's booking of the Partner's Service through the Application; Customer data entered by the Partner into the Application in connection with the Partner's use of its functionality, including data of Customers who have concluded agreements with the Partner outside the Application. Personal Data of Customers belonging to special categories of Personal Data referred to in Article 9(1) of the GDPR, but only if: Customers' Personal Data will be entered into the Application by the Partner or by the Customer, and if the necessity of entrusting them to RESPONDOAI by the Partner is due to the specifics of the Partner's Services provided to Customers. §4 PURPOSE, NATURE, AND DURATION OF ENTRUSTMENT OF PERSONAL DATA PROCESSING The entrustment of the processing of Personal Data under the Personal Data Processing Entrustment Agreement occurs with the consent and at the documented direction of the Partner (as referred to in Article 28(3)(a) of the DPA and Article 29 of the DPA), for the purpose of performing the Agreement, that is: conclusion of agreements by Partners with Customers and provision of Partner Services to Customers by Partners, including: Informing customers of an appointment or its cancellation; To contact Customers for the purpose of arranging or performing Partner Services by Partner; maintenance of a calendar of visits by the Partner; Marketing Partner Services; Direct marketing of Partner's Services; profiling/grouping; Customer preference surveys on demand for Partner Services (e.g., in the form of telephone, text message, or e-mail surveys); To fulfill the Partner's legal obligations; creation of statements, analyses, and statistics for the internal needs of the Partner. The Parties consider, as documented in the order referred to in paragraph 1 above, the conclusion of the Agreement and the Personal Data Processing Entrustment Agreement, as well as the Partner's selection of RESPONDOAI Services under the Agreement. RESPONDOAI will process Personal Data entrusted to it for processing by the Partner in a fully or partially automated manner, in electronic form in RESPONDOAI's information systems, including the Application, and in traditional form, i.e., paper. §5 RIGHTS AND OBLIGATIONS OF THE PARTIES The Affiliate declares that any Personal Data entrusted by it to RESPONDOAI for processing under the Personal Data Processing Entrustment Agreement has been obtained and is processed by it in accordance with applicable laws, in particular in accordance with the GDPR. In connection with the preceding sentence, the Partner undertakes to have a legal basis for processing the Personal Data entrusted to RESPONDOAI for processing, which basis is set forth in Article 6(1) of the GDPR or Article 9 of the GDPR. RESPONDOAI is neither obligated nor authorized to verify the lawfulness of the processing of the Personal Data entrusted to it for processing by the Partner. The Parties agree that in the event that the Partner is required to fulfill the information obligation set forth in Articles 13 and 14 of the GDPR to Customers, this obligation will be fulfilled in accordance with the following: In the event that the Customer's Personal Data will be shared with the Partner in connection with the Customer's booking of the Partner's Service using the Application - RESPONDOAI will, using the Application on behalf of the Partner, perform the information obligation to the Customers, providing the Customer with the Partner's information obligation; In the event that the Customer's data will be entered into the Application by the Partner - the Partner will independently perform the information obligation to the Customers. The parties agree that: In the event that the Customer's Personal Data will be shared with the Partner in connection with the Customer's booking of the Partner's service via the Application - RESPONDOAI will, using the Application on behalf of the Partner, receive consent from the Customer for the Partner to provide the Customer with commercial information regarding the products and services offered by the Partner, by means of electronic communication, including to the email address indicated by the Customer, as well as within the service or the Application, and to use telecommunications terminal equipment and automatic calling systems, including voice calls and SMS, for direct marketing purposes, provided that the exact content of this consent is at the discretion of RESPONDOAI in case the Customer's Personal Data will be entered into the Application by the Partner - the Partner will independently collect from the Customer the consent referred to in item a. above. Given the nature of the processing, RESPONDOAI undertakes, to the extent possible, to assist the Partner, through appropriate technical and organizational measures, in fulfilling its obligation to respond to the requests of the Personal Data subject in exercising his/her rights set forth in Chapter III of the GDPR. Taking into account the nature of the processing of Personal Data entrusted to RESPONDOAI by the Partner and the information available to RESPONDOAI, RESPONDOAI undertakes to assist the Partner in complying with the obligations set forth in Articles 32-36 of the GDPR. RESPONDOAI is obliged to assist the Partner in fulfilling its obligation to exercise its right to delete the Personal Data of the person to whom the Personal Data pertains in the event that RESPONDOAI is notified of such a request by the aforementioned person. Specifically, in the event that RESPONDOAI is notified by a Personal Data subject of a request to delete Personal Data entrusted to RESPONDOAI for processing by the Partner, RESPONDOAI shall be entitled, after notifying the Partner within 7 days of the date of the request by the Personal Data subject, to delete his/her Personal Data processed by RESPONDOAI from all media, programs, and applications, including the Application. RESPONDOAI shall assist the Partner in fulfilling its obligation to exercise its right to withdraw its consent for the Partner to provide the Customer with commercial information referred to in §5 Section 3 above in the event that RESPONDOAI is notified of such a request by the aforementioned person. Specifically, in the event that RESPONDOAI is notified by a person to whom Personal Data pertains of a request to withdraw consent for the Partner to provide the Customer with commercial information referred to in §5 Section 3 above, RESPONDOAI shall be entitled, after informing the Partner within 7 days from the date of the request by the person to whom the Personal Data pertains, to comply with the aforementioned request of the person to whom the Personal Data pertains. RESPONDOAI shall be entitled, after informing the Partner in advance, to transfer Personal Data entrusted for processing by the Partner outside the European Economic Area of Personal Data then if it complies with the specific requirements set forth in Chapter V of the GDPR "Transfers of Personal Data to Third Countries or International Organizations" and, in particular, ensures that the transfer of Personal Data takes place on the basis of appropriate legal mechanisms, in particular Commission implementing decisions, standard contractual clauses or other similar legal instruments provided for in the GDPR. The Partner agrees to notify RESPONDOAI immediately, but no later than within 5 days from the date the Partner becomes aware of any proceedings, in particular administrative or judicial proceedings, concerning the processing of the Personal Data entrusted for processing under the Personal Data Processing Entrustment Agreement, any administrative decision or any ruling concerning the processing of such Personal Data, as well as any planned or ongoing audits and inspections concerning the processing of the Personal Data entrusted for processing under the Personal Data Processing Entrustment Agreement. §6 AUDIT RESPONDOAI agrees to provide the Partner with all information necessary to demonstrate compliance with the obligations set forth in Article 28 of the GDPR and to allow the Partner or an auditor authorized by the Partner to conduct audits related to the Partner's entrustment of RESPONDOAI with the processing of the Personal Data indicated in the Personal Data Processing Entrustment Agreement, including inspection and contribution. The Partner's right to audit, referred to in paragraph 1 above, may only be exercised during RESPONDOAI's business hours, i.e., Monday through Friday from 9 a.m. to 5 p.m., excluding public holidays, and may not interfere with RESPONDOAI's work. In addition, the performance of the audit by the Partner must not lead to the disclosure of RESPONDOAI's entrepreneurial secrets. The partner is obliged to inform RESPONDOAI of the planned audit at least fourteen days in advance. The Partner will bear all costs associated with the audit on its own. If the Partner decides to have the audit conducted by an authorized auditor, RESPONDOAI has the right to condition the audit on the conclusion of a confidentiality agreement with the auditor. If deficiencies are found during audits, RESPONDOAI undertakes, to the extent possible, to correct them within the timeframe agreed upon by the Parties. On the other hand, if the deficiencies identified by the Partner are not corrected, RESPONDOAI undertakes to inform the Partner of the reason for their failure to be corrected. §7 USE OF OTHER PROCESSORS The Partner consents, i.e., the general consent referred to in Article 28(2) of the GDPR, to RESPONDOAI's use of other processors (i.e., further processors). If RESPONDOAI uses the services of a downstream processor to perform specific processing activities on behalf of the Partner, the same obligations for the protection of Personal Data as set forth in the Data Processing Entrustment Agreement will be imposed on the downstream processor under the relevant agreement between RESPONDOAI and the downstream processor, in particular the obligation to provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing complies with the requirements of the GDPR. RESPONDOAI will inform the Partner of RESPONDOAI's use of further processors and undertakes to inform the Partner of any intended changes regarding the addition or replacement of further processors, thereby giving the Partner the opportunity to object to such changes. RESPONDOAI will inform the Partner of the aforementioned changes either through the Application or through a message addressed to the Partner using electronic mail (e-mail). The Partner shall be entitled to object to the changes in writing under pain of nullity within 7 days from the date of receipt of information about the aforementioned changes and providing justification thereof. The parties assume that the absence of objection within this period shall signify the Partner's consent to the change of the further processor. The Partner agrees not to object to the aforementioned changes without valid reasons. In the event that Partner objects to a change involving the addition or substitution of further processors in accordance with paragraphs 2 and 3 above, it may not be possible to process Personal Data for the purposes set forth in this Personal Data Processing Entrustment Agreement. In such a situation, RESPONDOAI shall be entitled to terminate the Personal Data Processing Entrustment Agreement without notice, and RESPONDOAI's liability, if any, for non-performance or improper performance of the Personal Data Processing Entrustment Agreement or the Agreement caused by the inability to process Personal Data for the purposes specified in this Personal Data Processing Entrustment Agreement shall be excluded by the Parties. §8 TECHNICAL AND ORGANIZATIONAL MEASURES Pursuant to Article 28(3)(b) of the GDPR, RESPONDOAI shall ensure that persons authorized to process Personal Data entrusted to it under the Personal Data Processing Entrustment Agreement have been obligated to maintain the secrecy of the processed Personal Data to which they have access. Pursuant to Article 28(3)(c) of the GDPR, RESPONDOAI undertakes to apply the technical and organizational measures required under Article 32 of the GDPR, i.e., in particular, adequate to the identified risk of violation of the rights or freedoms of the entrusted Personal Data under the Personal Data Processing Entrustment Agreement. Partner undertakes to use technical and organizational measures to ensure an adequate level of security of Customers' Personal Data. Such technical and organizational measures include, in particular: Proper authentication in the Application; An appropriate degree of security within the IT equipment used in the use of the Application; Proper processing, storage, and archiving of documents (including forms) containing Customers' personal data and any statements and consents expressed by Customers. §9 PROCEDURE RELATED TO DATA PROTECTION VIOLATIONS. MUTUAL TRANSFER OF INFORMATION The Parties undertake to immediately notify each other of potential breaches of protection of Personal Data entrusted to RESPONDOAI for processing under the Personal Data Processing Entrustment Agreement. In the case of a suspected breach of Personal Data Protection, the Parties undertake to cooperate in accordance with the provisions of the GDPR. Information on a breach of the protection of Personal Data entrusted to RESPONDOAI for processing under the Personal Data Processing Entrustment Agreement should include, at a minimum: a description of the nature of the breach and, if possible, an indication of the category and approximate number of persons whose Personal Data was breached as well as the amount/type of Personal Data affected; A description of the possible consequences of a violation of the protection of Personal Data; a description of the measures used or proposed to remedy the violation, including minimizing its negative effects. The Parties unanimously confirm that they will consult on the necessity and content of notifications of breaches of protection of Personal Data entrusted to RESPONDOAI for processing under the Personal Data Processing Entrustment Agreement to the supervisory authority. §10 RESPONSIBILITY Any liability of RESPONDOAI for non-performance or improper performance of the Personal Data Processing Entrustment Agreement, including the provision or use of Personal Data contrary to the Agreement, and RESPONDOAI's recourse liability to the Partner shall be limited to an amount equal to the net remuneration received by RESPONDOAI from the Partner under the Agreement during the three months preceding the occurrence of the damage. If RESPONDOAI Services are provided by RESPONDOAI to Partner less than three months prior to the occurrence of the damage, any liability of RESPONDOAI for non-performance or improper performance of the Personal Data Entrustment Agreement, including for providing or using Personal Data contrary to the Agreement, and RESPONDOAI's recourse liability to the Partner, shall be limited to an amount equal to the net remuneration received by RESPONDOAI from the Partner under the Agreement during the period in which RESPONDOAI provides RESPONDOAI Services to the Partner. The liability referred to in this paragraph of the Personal Data Processing Entrustment Agreement shall cover only the direct damages incurred by the Partner, i.e., only the losses incurred by the Partner, and shall not cover the benefits that the Partner could have achieved if the damage had not occurred. Partner agrees that in the event RESPONDOAI and Partner are jointly and severally liable and RESPONDOAI pays to an authorized entity full compensation related to the processing of Personal Data under the Personal Data Processing Entrustment Agreement, it will reimburse RESPONDOAI at RESPONDOAI's first request for funds equivalent to: part of the compensation corresponding to the part of the damage for which the Partner is responsible (recourse claim), and the difference between the amount of compensation paid by RESPONDOAI corresponding to the portion of the damage for which RESPONDOAI is responsible and the amount indicated in paragraph 1 above in connection with the limitation of RESPONDOAI's liability described in this provision. §11 MOMENT OF CONCLUSION, DURATION, TERMINATION OF PERSONAL DATA PROCESSING ENTRUSTMENT AGREEMENT The Personal Data Processing Entrustment Agreement is entered into between RESPONDOAI and the Partner upon the Partner's acceptance of the contents of the Terms and Conditions during the Registration process. The Personal Data Processing Entrustment Agreement shall be concluded for the duration of the Agreement, i.e. the Personal Data Processing Entrustment Agreement shall be terminated without the need for additional statements, as a result of termination or expiration of the Agreement. RESPONDOAI may terminate the Personal Data Processing Entrustment Agreement with immediate effect, without notice, if it is determined that Partner processes the Personal Data entrusted to RESPONDOAI in an unlawful manner, in particular without the legal basis set forth in Article 6(1) of the GDPR or in Article 9 of the GDPR. In the event that RESPONDOAI processes the Personal Data entrusted to it under the Personal Data Processing Entrustment Agreement in violation of the Personal Data Processing Entrustment Agreement, Partner may terminate the Personal Data Processing Entrustment Agreement with immediate effect, without notice, upon the ineffective expiration of an additional period of time set by RESPONDOAI by Partner to cease violations, not less than seven days. The termination referred to in paragraphs 3 and 4 above is tantamount to termination of the Agreement with immediate effect. Termination or cancellation of the Personal Data Processing Entrustment Agreement shall not relieve the Parties from their obligations to cooperate and provide explanations if such obligations arise under the GDPR. Within three months from the date of termination of the Personal Data Processing Entrustment Agreement or receipt of a written request for deletion of Personal Data from the Partner, RESPONDOAI shall: to remove the Personal Data entrusted to him/her for processing under the Personal Data Processing Entrustment Agreement from all media, programs, and applications, including copies of either. irreversibly anonymize the data covered by the deletion request, unless the obligation for their further processing results from separate legal regulations. The Parties unanimously declare that the obligation to delete Personal Data indicated in Paragraph 6 above refers only to the Personal Data entrusted for processing by the Partner under the Personal Data Processing Entrustment Agreement, in particular, it does not include situations where RESPONDOAI in accordance with the provisions of the Agreement, processes the same Personal Data as a separate Administrator. In such a situation, RESPONDOAI will cease to process the Personal Data for the purposes specified in §4.1 of the Personal Data Processing Entrustment Agreement, however, RESPONDOAI may process the Personal Data for the processing purposes it specifies. §12 FINAL PROVISIONS The Personal Data Processing Entrustment Agreement shall be amended in accordance with the procedure provided for amending the Regulations. Any disputes arising under the Personal Data Processing Entrustment Agreement shall be resolved by the common court of competent jurisdiction for the seat of RESPONDOAI. In the event that any provision of the Personal Data Processing Entrustment Agreement proves to be invalid or ineffective, this shall not, in any case, result in the invalidity of the Personal Data Processing Entrustment Agreement. In such a situation, the Parties shall use their best efforts to replace the provision deemed invalid or ineffective with a valid and effective provision as close as possible to the original intention of the Parties. Appendix No. 2 to the RESPONDOAI application regulations Model withdrawal form (This form must be completed and returned only if you wish to withdraw from the contract) RESPONDOAI [Address], email address: [_] I ........................... hereby inform you of my withdrawal from the contract for the provision of services concerning.............................. Contract date:............................. Name/Company: ........................................ Address: ............................................. Signature (only if the form is sent on paper) Date ..................