I. Introduction

This document constitutes the Terms of Service, which define the general conditions for providing services available under the BrandSense website, located at brandsense.app.
The Privacy Policy is an integral part of these Terms.
These Terms have been prepared in accordance with currently applicable legal regulations, primarily based on:

• The Civil Code, Act of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended) (hereinafter referred to as the Civil Code),
• Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (Journal of Laws EU L 2016 No. 119, p. 1, as amended) (hereinafter “GDPR”),
• The Act of July 18, 2002, on the provision of electronic services (Journal of Laws 2002, No. 144, item 1204, as amended) (hereinafter the Electronic Services Act),
• The Act of February 4, 1994, on copyright and related rights (consolidated text: Journal of Laws 2006, No. 90, item 631, as amended) (hereinafter the Copyright Act).

Definitions of Terms Used in the Terms:

• Application: part of the Service accessible after logging into the Account, provided by the Service Provider via a web browser as a service (SaaS – Software as a Service), allowing the User to manage pages, accounts, and profiles on social media platforms such as Facebook, Instagram, LinkedIn, WordPress, and analyze the activity of these pages/accounts/profiles.
• Personal Data: personal data as defined by GDPR regulations.
• Registration Form: electronic form enabling the creation of an Account and User registration in the Service to use the Services.
• Password: unique string of characters chosen by the User that, along with the Login, allows access to the Account.
• Price List: document available in the Service that specifies fees for Services included in the selected Package. Prices in the Price List are valid until new rates are published.
• Consumer: natural person who enters into a service agreement with the Service Provider.
• Account: individual account created for the User in the Service as a result of Registration, allowing access to the Services.
• Test Account: account created for the User in connection with Registration, allowing free use of the Services for a period of 7 days from the date of Registration.
• User Account in the Internet Service: refers to an account, profile, page, fan page, etc., in services such as Facebook, Instagram, which is linked to the User Account in the Service for the provision of Services.
• Newsletter: electronic bulletin containing information about the Service and business activities, sent to the User electronically after appropriate consent is given. The User may unsubscribe from this service at any time.
• Subscription Period: the duration of the Services provided by the Service Provider in exchange for a Subscription Fee, lasting one month.
• Login: the User’s email address, which, along with the Password, is used to log into the Account.
• Commitment Period: the duration of the subscription agreement specified by the User, defining the period of using the Services.
• Subscription Fee: compensation due for the provision of Services during a given Subscription Period, as specified in the Price List.
• Service Provider: Simplyweb Jakub Janaszczak, Rudniki 64, 64-330 Rudniki, NIP 7882039610, REGON 525747037, owner of the Service, providing Services electronically.
• Service: services provided by the Service Provider to the User based on the concluded Agreement, particularly functionalities made available in the Application.
• User: natural person, legal entity, or organizational unit that has registered in the Service and concluded an Agreement with the Service Provider for the use of the Services. All references to the User in the Terms also include the Test User unless stated otherwise in the Terms.
• Test User: natural person, legal entity, or organizational unit without legal personality that has registered and entered into an Agreement with the Service Provider for free use of the Services for a period of 7 days.
• Agreement: agreement for the provision of electronic services concluded upon successful Registration, the subject of which is the use of Services specified in the Package.
• Package: a set of selected Services that the Service Provider provides to the User during the Subscription Period for the appropriate Subscription Fee.
• Privacy Policy: document regulating the principles of processing personal data in the Service.
• Payment: payment of the Subscription Fee in the manner specified in the Terms and Price List for a given Package.
• User Panel: a set of Application functions allowing management of the Account or Test Account.
• Collaborator: natural person who, with the User’s consent, may use the Application on behalf of the User based on an employment relationship or other legal relationship, for whose actions the User is responsible.

II. General Principles of Providing Electronic Services

1. The Services are provided using IT systems that enable the processing, storage, transmission, and receipt of data via telecommunications networks, in accordance with the requirements of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws 2020.344 – consolidated text).
   
2. Content available in the Service is legally protected.
   
3. Use of the Service is possible only in accordance with the rules set out in these Terms.
   
4. Before registering, the User should familiarize themselves with the content of the Terms, Privacy Policy, and Price List, which are an integral part of them.
   
5. To use the Service, the User must have a computer or device equipped with software that enables browsing web pages and access to the Internet with a minimum bandwidth of 512 Kb/s. The Service is accessible via popular browsers such as Chrome, Firefox, Edge, and Safari.
   
6. To create an Account, it is necessary to have an active email address.
   
7. Trade names, trademarks, descriptions, and other materials published on the Service pages are protected by law. Their use may only occur after obtaining written consent from the authorized entities. Any violations of these rights may result in legal consequences, including claims for damages by the rights holders.
   
8. The Service Provider provides Services both within Poland and outside its borders.
   
9. The Service Provider reserves the right to make technical changes in the manner of providing Services, adapting them to applicable regulations and available technological capabilities.

III. General Principles for Using Services

Access to Services is paid, except in cases where the Test User uses the Services for free.
To be able to use the Services, it is necessary to undergo the Registration process.
By using the Service, the User is obliged, in particular, to:

• comply with the provisions of these Terms,
• use the Application only within the scope defined by the Terms,
• avoid any actions that could disrupt the proper functioning of the Service, as well as refrain from actions that may hinder other Users from using the Service,
• refrain from interfering with the operation of the Service or undertaking actions aimed at such interference,
• refrain from any actions that violate the rights of other Users.

IV. Registration and Conclusion of the Agreement

1. Using the Application is only possible after Registration.
   Registration occurs by completing the Registration Form available in the Service, which leads to the creation of the User Account or Test User Account.
   
2. Creating an Account or Test Account means accepting the Terms of Service, of which the User is informed through an appropriate notification. The fields in the Registration Form that are mandatory to fill are appropriately marked.
   
3. After submitting the Registration Form, the Service Provider sends a confirmation of registration and information about the creation of the Test Account to the User’s email address. From this moment, the User has the opportunity to use the Test Account for free for a period of 7 days. A Test Account can only be created once, and its use is time-limited to 7 days. In the case of re-registration as a Test User or attempting such registration, the Service Provider has the right to immediately terminate the Agreement.
   
4. Upon completion of the Registration process, an Agreement is concluded between the Parties for a specified term. The Agreement expires after the 7-day test period unless the User makes a Payment for the selected Package, which extends the use of the Services. In the case of a User who has not used the Test Account and has directly made a Payment, the Agreement is changed to the duration of the Commitment Period.
   
5. During the use of the Test Account, it is not required to provide payment card details or declare a form of Payment.
   
6. According to the rules applicable in the respective Internet Services, the User Account may be directly linked to a natural person acting on behalf of the User. Such a person, according to these Terms, constitutes a Collaborator of the User.
   
7. The User declares that:
   • throughout the duration of the Agreement and use of the Application, they have the consent of the Collaborator to link their Account in the Internet Service with the User Account in the Application,
   • they have full rights to manage and use the User Account in the Internet Service,
   • in case of the need to change the Collaborator, they commit to inform the Service Provider about this fact and complete all formalities related to the change in the Internet Service and Application.
     
8. The User accepts that by entering into the Agreement, they consent to the Service Provider accessing the data concerning the User Accounts in the Internet Services that are managed or analyzed using the Application. This data will be used to provide Services by the Service Provider. Furthermore, the Service Provider may process and use this data to develop and publish analyses and reports regarding the Internet Services, with such data being presented in an anonymous and aggregated form, without identifying the entity to which they pertain.
   
9. After 7 days from Registration and the termination of the Agreement, the User’s Test Account will be deleted from the Service after an additional 30 days.
   
10. The User has no right to transfer rights and obligations arising from the Agreement without the prior consent of the Service Provider, granted in writing or documentarily under pain of nullity.
    
11. If the Registration is carried out on behalf of the User by a Collaborator rather than the User themselves:
    • The Collaborator declares that they are authorized to conclude the Agreement on behalf of the User,
    • at the request of the Service Provider, the Collaborator and the User are obliged to present proof of authorization,
    • the Collaborator is fully responsible in case of concluding the Agreement without appropriate authorization.

V. User Obligations

1. The User is obliged to familiarize themselves with the regulations of the Internet Services they manage or analyze using the Application. This particularly concerns:
   • the Facebook Terms available at: https://pl-pl.facebook.com/terms.php and https://www.facebook.com/page_guidelines.php
   • the Instagram Terms available at: https://help.instagram.com/581066165581870/?helpref=uf_share
   • the LinkedIn Terms available at: https://pl.linkedin.com/legal/user-agreement
     or any other regulations applicable in the social networks managed by the User through the Service.
     
2. Or any terms of service issued by any third-party social network that the User may manage using the Service.
3. The Service Provider does not conduct prior, ongoing, or subsequent monitoring of content published or posted by the User via the Application in the Internet Services. The responsibility for this content lies solely with the User, and the Service Provider is not liable for it.
4. It is prohibited to post content in the Internet Services through the Application that violates the rights of third parties, legal regulations, social norms, or good customs. Such content includes, in particular:
   • promoting racism, hatred, fanaticism, or harmful actions against others or groups,
   • harassment or encouraging harassment,
   • content promoting violence, sexual exploitation, or of a pornographic nature,
   • information violating the privacy or safety of individuals,
   • content promoting illegal activities, offensive actions, threats, defamation,
   • infringement of intellectual property rights of third parties,
   • links to password-protected sites or hidden pages,
   • promoting criminal activities, instructions for illegal actions, violating privacy, creating computer viruses,
   • using trademarks or names of other entities without their consent,
   • infringing privacy rights, image rights, copyright, trademark rights, or other rights of third parties,
   • promoting content related to illegal or unconstitutional organizations.
   • infringing any rights of third parties, including constituting an act of unfair competition as defined by the Act of April 16, 1993, on combating unfair competition (consolidated text: Journal of Laws of 2022, item 1233) or unfair market practices as defined by the Act of August 23, 2007, on counteracting unfair market practices (consolidated text: Journal of Laws of 2017, item 2070) or practices violating the collective interests of consumers as defined by the Act of February 16, 2007 (consolidated text: Journal of Laws of 2021, item 275).
5. If the Service Provider receives credible information or official notification about the unlawfulness of content posted by the User or if the User takes actions destabilizing the operation of the Service, the Service Provider has the right to block access to the Application for that User. The User will be informed of this electronically. The above rules are subject to the provisions of paragraph 5 letter (ii) below.
6. In the case of:
   • (i) the User not ceasing actions mentioned in point VI.3. above, despite prior notice, or
   • (ii) gross violation of the provisions of point VI.3. (even without prior notice),
7. The Service Provider reserves the right to immediately terminate the Agreement in electronic or written form. This results in the deletion of the User’s Account, of which they will be notified via email. In the case of account deletion due to the User’s fault, fees for Subscription Periods are non-refundable.

VI. User Account

1. The User, by using the User Panel available after logging into the Account, has the opportunity to use the Application according to the selected Package.
2. The scope of Services available under a given Package is specified in the Price List, which can be found on the Service website at: https://brandsense.com/en/pricing/.
3. The Service Provider reserves the right to create individual Packages, the scope of which will be determined jointly with the User based on a separate agreement. In such cases, the provisions of the agreement will take precedence over the provisions of these Terms.
4. To log into the Account, the User must provide their Login and Password. The Login and Password are confidential data, and the User should regularly (at least once a month) change the Password to maintain an appropriate level of security.
5. In the event that the confidentiality of the Login or Password is compromised, the User is obliged to promptly notify the Service Provider of this fact.
6. If the User forgets their Password, they can request a temporary Password from the Service Provider, which allows them to log in. A temporary Password can be obtained via the function available on the login page to the Account. The new Password will be sent to the User’s email address as an activation link.
7. The User may not share their Account with third parties, except for Collaborators who use individual logins and passwords. Extending access to the Account for Collaborators depends on the type of Package held.
8. If the Package allows granting Collaborators access to the Application, the User can do this in the User Panel, in the Organization section. Once authorized, the Collaborator gains access to the Account. The User also has the option to designate which Collaborator will act as the Account administrator, meaning they will be able to make significant changes in the Service, in accordance with the functionalities of the Application. The administrator is formally authorized by the Service Provider.
9. Through the Account, the User can make changes to their data and check the usage of Services under the selected Package at any time.
10. These provisions also apply accordingly in the case of the Test Account.

VII. Payments for Services

1. The User is obliged to settle payments for the ordered Services according to the selected Package. Making a payment is a necessary condition for gaining access to the Services.
2. The Service Provider may require automatic deductions for the Services, meaning that payments can be processed without the User’s involvement (e.g., by charging the credit card provided by the User).
3. By opting for automatic payments, the User consents to regular charges to the payment card account they specified.
4. In the case of the Test Account, before the end of the Agreement period, the User Panel will display information about the possibility of making the first payment for the Subscription Period through an automated payment form. Payment is necessary to continue using the Services after the Test Account ends. Before making the first payment, the Parties may change the Package, adjusting the scope of Services to the User’s individual needs.
5. Payment for the selected Subscription Period must be made in advance, no later than 1 day before the start of the respective Period. In the case of ordering several Subscription Periods at once, the Service Provider may require a one-time payment for the total amount.
6. Upon payment, the User gains access to the Application and Account for the Subscription Period for which payment was made.
7. In the case of automated payments, the payment is considered executed on the day the Service Provider receives confirmation of a successfully completed transaction from the payment intermediary.
8. The Service Provider is not liable for delays in starting the Services resulting from incorrectly or incompletely provided data necessary for processing the payment by the User.
9. The User has the opportunity to change the Package to another one. In the case of changing to a more expensive Package, access to new features will occur after the payment for the new Package is credited. If the User changes the Package to a cheaper one, the change will take effect from the next Subscription Period, but no earlier than 14 days after submitting the change request. A reduction in the Package price does not affect the payment for the current Subscription Period.
10. If the Service Provider is obliged to refund the User, the refund will occur in a manner chosen by the Service Provider.
11. The current Price List, which specifies the prices of Services under individual Packages, is available on the Service website. All prices are quoted in net amounts, to which applicable VAT must be added.
12. The Service Provider reserves the right to change the prices of Packages. Information about changes will be published on the Service pages. New prices do not affect Subscription Periods that have already been paid.
13. To receive a VAT invoice, the User must provide the relevant data, such as the company name, address, and VAT number. The User agrees to the issuance, transmission, and sharing of invoices in electronic form.

VIII. Duration of the Agreement

1. The standard subscription period lasts one month.
2. The User has the option to order one Subscription Period in advance; however, if the Service Provider’s commercial offer allows it, they may also order a larger number of Subscription Periods. The total duration of all ordered Subscription Periods constitutes the so-called Commitment Period.
3. Changes to the length of the Subscription Period can only occur regarding future periods and take effect after the current Commitment Period ends, in accordance with the Service Provider’s current commercial offer.
4. The first Subscription Period begins on the 8th day from the creation of the Test Account.
5. The Agreement is concluded for a period corresponding to the Commitment Period, meaning until the end of the paid Subscription Period. If the User ordered a larger number of Subscription Periods, the agreement lasts until the end of the last one.
6. After the Commitment Period ends, the agreement automatically extends for the next Subscription Period, which lasts the same duration as the previous Subscription Period, unless either Party submits a resignation notice before the end of that period. Automatic renewal means the User has ordered another Subscription Period.
7. Each renewal of access to the Application requires prior payment for the new Subscription Period.
8. The User can resign from the automatic renewal of the Subscription Period by contacting the Service Provider in advance, either by sending an email to kontakt@brandsense.app or using the chat window available on the Service. If the User submits a resignation before the end of the current Commitment Period, payment for the next period will not be charged. If payment has already been collected, it will be refunded after the User submits a resignation via email or chat. Submitting a resignation from automatic renewal is equivalent to terminating the Agreement.
9. Considering that the Service Provider provides Services on an “as-is” basis, the User does not have the right to demand a refund in the cases indicated in point XIV, paragraph 4 of the Terms. To allow the User to review the offer, the Service Provider enables the creation of a Test Account and the use of Services for free for a period of 7 days.

IX. Intellectual Property Rights

1. All copyrights and intellectual property rights to the Application and Service, including all textual, graphic, multimedia elements, software, and databases, are reserved for the Service Provider.
2. The User has the right to use the Service and Application only in the manner specified in these Terms or based on a separate agreement.
3. The Application may only be used to access the Services, including posting and publishing content on Internet Services. This also applies to using the Application within the Test Account.
4. The User is not authorized to share the Service or Application with third parties unless explicitly permitted by the Agreement. It is also prohibited to use the Service or Application for the benefit of third parties in a manner other than that specified in the Terms.
5. The User may not modify or remove copyright or other intellectual property rights notices that appear in the Service and Application.
6. The User understands that even minor changes in the Service or Application may cause serious, unforeseen disruptions in their operation. The User is responsible for all modifications made by themselves or by individuals they have enlisted for assistance.
7. Any actions that go beyond the scope defined in these Terms will require the explicit consent of the Service Provider, granted in writing, documentarily, or electronically, under pain of nullity. In particular, actions including:
   • reproducing, selling, distributing, or putting into circulation the Application or Service in whole or in part, including transmitting or sharing them in computer systems, networks, or other IT systems.
   • examining and testing the operation of the Service and Application to discover their mechanisms and principles of operation.
   • independently modifying the software of the Application or Service.
   • extracting data from the Application or Service, its components, modifying, decompiling, or disassembling, and using this data independently of the Application or Service.
   • obtaining information about the internal structure of the Application or Service in ways other than through the Service Provider.
   • using the Services via an application other than the one provided by the Service Provider.
8. Registration in the Service means that the User consents to the Service Provider informing third parties of the User’s use of its Services. In particular, the User agrees to publish in any media, without territorial limitations, information such as the name of the company and the User’s trademark, identifying their activities, products, or services.

X. Information on Potential Risks of Using Electronic Services

1. Using the Service, Application, and Services occurs via the Internet, which carries risks associated with using this medium.
2. The main threats associated with using the Internet include the possibility of malicious software being installed on the user’s device, such as “viruses,” “worms,” or “trojan horses,” which may cause harm. Therefore, it is recommended that the User ensure they have up-to-date protective software, including antivirus programs and tools to secure against unauthorized access by third parties (firewalls).
3. An additional risk may be attempts by third parties to gain unauthorized access to the User’s devices and the data stored on them, without the User’s knowledge and consent. To minimize the risk of such actions, it is recommended to keep the Password to the Account confidential and avoid sharing it with others.

XI. Termination of the Agreement and Suspension of Services

1. The Service Provider has the right to terminate the Agreement with the User with a 14-day notice period. The termination may be submitted electronically via an email sent to the User’s address or in writing. The User may terminate the Agreement at any time by sending a notice of termination electronically to kontakt@brandsense.app or in writing, as well as by removing the payment card data from the User’s Account or using the chat window available in the Service. The termination takes effect at the end of the Commitment Period in which it was submitted.
2. Upon termination of the Agreement, the Service Provider has the right to delete the User’s Account, including all data saved in the Application’s database. However, this does not apply to content entered by the User via the Application into the Internet Services – these remain untouched.
3. If the User terminates the Agreement before the end of the Commitment Period, the Service Provider has the right to retain the full subscription fee due for all remaining subscription periods until the end of that period and does not refund any previously paid fees, in whole or in part.
4. In addition to the situation mentioned in point VI.5. of these Terms, the Service Provider may terminate the Agreement with immediate effect by sending a notification electronically to the User’s email address or in writing if:
   • The User violates the provisions of the Terms,
   • takes actions threatening the security of data in the Service, Application, or mobile application,
   • attempts to gain unauthorized access to the Service or Application,
   • engages in illegal activities through the Service or Application,
   • acts to the detriment of the Service Provider,
   • provides false information during Registration,
   • infringes the intellectual property rights of the Service Provider, including copyright,
   • fails to comply with the regulations of the Internet Services,
   • does not make payment by the designated deadline,
   • creates more than one Account without the Service Provider’s consent,
   • registers more than once as a Test User without the Service Provider’s consent.
5. In the event of termination of the Agreement for the above reasons before the end of the Commitment Period, the Service Provider has the right to retain or receive full subscription fees due until the end of that period.
6. In cases of payment violations or other obligations, the Service Provider may suspend the provision of Services until compliance with the Terms is restored. Suspension may include restricting access to Services, Application, or selected functionalities of the Service, and the User is obliged to pay subscription fees for the entire duration of the suspension. Suspension does not exclude other rights of the Service Provider, including termination of the Agreement.

XII. Complaint Procedure

1. The User has the right to submit complaints regarding the Services provided. Complaints may be submitted electronically by sending an email to: kontakt@brandsense.app.
2. In the content of the complaint, the User should indicate the reason for the complaint, provide their email address, the name of their company, and specify what actions they expect from the Service Provider regarding the resolution of the complaint.
3. If the complaint is deemed justified, the Service Provider will take appropriate steps to remove the cause of the reported problem or inform the User of the reasons for rejecting the complaint.

XIII. Personal Data Processing

1. In connection with the use of the Service, Application, provision of Services, and business contacts between the User and the Service Provider, the Service Provider will process the personal data of the User, their Collaborators, and other individuals acting on behalf of the User, including, in particular, natural persons assigned to the User’s Accounts in Internet Services. Detailed information regarding the processing of personal data by the Service Provider can be found in the Privacy Policy.
2. As the administrator of the personal data of their Collaborators and other persons mentioned in paragraph 1, the User is obliged to comply with all legal requirements concerning the transfer or sharing of these individuals’ data with the Service Provider. In particular, the User undertakes to provide each of these individuals with the content or link to the Privacy Policy and ensure that they are familiar with its provisions.
3. These obligations must be fulfilled by the User at one of the following moments:
   • before registering a given person as the User’s Collaborator in the Service,
   • before transferring the personal data of this person to the Service Provider, both by the User and individuals acting on their behalf,
   • before the Service Provider gains access to this individual’s personal data in any other way in connection with the User’s use (or planned use) of the Services.
4. At the request of the Service Provider, the User is obliged to provide documents confirming the fulfillment of the above obligations.
5. As part of the Services available in the Application, the Service Provider will also process personal data for which the User is the administrator. Therefore, it is necessary to conclude a data processing agreement between the Service Provider and the User, which constitutes the Agreement on the entrustment of data processing – an integral part of this document.

XIV. Liability

1. The Service Provider reserves that the Service, Application, and Services may periodically be unavailable for technical reasons, such as updates, maintenance, reviews, or equipment replacement. The unavailability of the Service, Application, and Services may also result from issues on the part of internet service providers, such as hosting services or Internet Services used by the Service Provider. Temporary unavailability does not constitute grounds for claims against the Service Provider.
2. The Service Provider is not liable for non-performance or improper performance of obligations caused by factors beyond its control. It is also not responsible for technical problems resulting from limitations of the User’s computer equipment, information systems, or telecommunications infrastructure that may prevent the use of the Services.
3. The User acknowledges that the scope of Services and functionalities of the Application and Service depend on the technical, legal, and organizational conditions set by the operators of Internet Services. Changes to these conditions may affect the availability and functionalities of the Services, and the Service Provider is not liable for their consequences.
4. The Services are provided on an “as-is” basis, which means they are not covered by any warranties or guarantees regarding their operation or availability. In particular, the Service Provider does not guarantee that:
   • The Services will meet the User’s requirements;
   • They will be provided without interruptions, on time, securely, or error-free;
   • The information obtained as a result of using the Services will be accurate and truthful;
   • Any errors in the operation of the Application, Service, or other systems will be corrected.
5. The Services are not subject to any guarantees, including implied guarantees of satisfactory quality, fitness for a particular purpose, or compliance with descriptions, unless such guarantees are explicitly stated in these Terms. To the maximum extent permitted by law, the Service Provider excludes its liability for any damages incurred by the User in connection with the use of the Services, Application, or Service.
6. In particular, the Service Provider, its partners, board members, employees, collaborators, or agents are not liable for any damages, including direct damages, indirect damages, financial losses, or consequential damages (e.g., loss of profits, revenues, business interruptions, loss of data, computer programs, reputation, or goodwill, legal or court costs) resulting directly or indirectly from:
   • The User’s use of the Services, Service, or Application, or on their behalf;
   • Relying on the completeness or accuracy of promotional or marketing actions related to the Services;
   • Changes in the Services or temporary/brief suspension thereof;
   • Deletion, damage, or loss of access to any content transmitted or maintained through the Services;
   • Violation by the User of the confidentiality of login data;
   • Failures or interruptions in the operation of the Service or Services, including those caused by errors, data loss, viruses, defects, or delays in data transmission.
7. This disclaimer of liability applies to all legal bases, including contracts, torts, and other statutory obligations. The disclaimer also applies in situations where the Service Provider has been previously informed of the potential for damages or should have anticipated it.
8. Notwithstanding the above provisions, the maximum liability of the Service Provider to the User for all events in a given calendar year is limited to three times the average monthly subscription fee (or in the case of a longer Subscription Period – converted to a month) from the three months preceding the event justifying this liability.
9. The provisions of this point apply to the fullest extent permitted by law.

XV. Amendments to the Terms

1. The Service Provider reserves the right to make changes to the Terms for significant reasons, after prior notification to Users 7 days in advance. The amended Terms take effect after 7 days from the date of notification unless the User terminates the Agreement during this time. The annex regarding changes may provide for a longer period for their entry into force.
2. Changes to the Terms may be made in particular (but not exclusively) for the following reasons:
   • the necessity to modify the Service Provider’s information systems;
   • changes in processes related to the operation of the Service or Application, including their expansion or introduction of new features;
   • modernization of the Service or Application;
   • changes in the operation of Internet Services;
   • adapting the Terms, Service, or Application to changing legal requirements, particularly changes in regulations;
   • justified remarks made by Users;
   • other circumstances arising from legal, factual, business, or organizational situations.
3. Notification of Users about changes to the Terms will be done by sending an email containing information about the changes and a link to the amended version of the Terms, as well as by publishing the relevant information in the Service and making the consolidated text of the amended Terms available in the Service.
4. A User who does not accept the introduced changes has the right to terminate the Agreement within 7 days of receiving the email notification about the change in the Terms. The termination may be submitted electronically by sending a statement to the email address: kontakt@brandsense, or in writing by sending a statement by post or courier to the Service Provider’s address. Termination of the Agreement takes effect at the end of the current Commitment Period, during which the notification was made, while until that moment, the previous Terms apply.
5. For Users who register between the publication of changes and their entry into force, the previous provisions of the Terms apply until the moment the changes take effect. By registering during this period, the User will be obliged to accept the amended Terms. Therefore, these Users will not receive separate email notifications and will not have the right to terminate the Agreement due to the changes made.

XVI. Final Provisions

1. These Terms and the Agreement are governed by the laws applicable in the territory of the Republic of Poland.
2. In matters not regulated in these Terms, Polish law provisions apply.
3. The provisions of paragraphs 1 and 2 apply only to the extent that the choice of Polish law is legally permissible. In cases where some provisions of the laws of other countries cannot be contractually excluded, these Terms do not infringe upon those provisions unless their exclusion is legally permissible.
4. All disputes between the Parties, including those regarding the validity, interpretation, performance, or non-performance of the Agreements, are subject to the jurisdiction of Polish courts. In particular, disputes will be resolved by the court competent for the seat of the Service Provider.
5. The provisions of paragraph 4 concerning jurisdiction and local court competence apply only to the extent that such arrangements are legally permissible. If provisions cannot be excluded, then the court’s jurisdiction or local competence will be determined according to applicable law.
6. In the event of discrepancies between the language versions of the Terms, the Polish version is binding.
7. In relation to legal relations between the Service Provider and the User, the application of the User’s standard contract templates, such as general terms of contracts, contract templates, or regulations, is excluded.
8. These Terms are available in electronic form on the website brandsense.app. The User may download their content and save it on their own data carrier.