CONREGO - the developer and supplier of the Application, CONREGO Sp. z o.o. Sp. k., 66-400 Gorzów Wielkopolski, Poland, ul. Ignacego Paderewskiego 40/6, registered by District Court in Zielona Gora, 8th Commercial Division KRS under number: 0000717933, Share capital: 465.921,50 PLN, Tax ID: PL5993215859, REGON: 369440687
Application - computer software within the meaning of the act of 4 February 1994 on copyright and derivative rights (uniform text: Journal of Laws Dz.U. of 1994, No. 24, item 83, as amended) designed to assist in organization of events and promotions, whose basic functionality includes: carrying out Event Attendee registration, assisting in entry pass and ticket sales, invoicing and billing, and sending individual and mass e-mails to Event Attendees.
Administration Panel – the administration part of the Application where the Customer and Users can control processes related to Attendee service.
Website - the website by CONREGO at domains: conrego.pl, conrego.com.pl, conrego.com, serwiskonferencji.pl, informator-konferencyjny.pl, or other domains.
Test Account - an account registered by the Customer using a dedicated form available on Websites, that allows for activating and accessing a free 14-day trial of CONREGO Instance.
Customer Account - a registered Test Account wherein the Customer entered correct, up-to-date, and complete data relating to their business required to draw a VAT invoice and completing at least one Subscription Plan purchase within 30 days.
Subscription Plan - a configuration of CONREGO offer differentiated in respect to available modules and subscription fees, available on the Website and the interfaces of the Test Account and Customer Account.
Subscription Period - by default, a period of twelve months, that can be subject to change on the basis of the Customer’s actions and individual arrangements with CONREGO.
Instance - the Application made available basing on the configuration resulting from the selected Subscription Plan, hosted on a server leased by CONREGO, available at the Customer’s domain of choice - either a Default Domain or external domain.
Technical Support - technical support for Users covering operating the Application, available via: electronic mail at email@example.com address, online chat on the Website and the interface of the Application, and phone +48 95 725 3677.
Module - a set of functions available in the Application designed to handle a specific process related to Event or Attendee service.
Database - the database where all data entered by Attendees and Users of a particular Application Instance are saved, stored, and processed. Databases are kept on web servers located in a data center in Kraków, leased by CONREGO from Krakowskie e-Centrum Informatyczne Jump s.j., ul. Zakopiańska 9, 30-418 Kraków, NIP: PL6792736374, KRS: 0000127720, https://www.kei.pl.
Customer Files - text files, graphic files, video files, sound files, and other files stored within an Instance by its Users and Attendees. Customer Files are kept on servers located in a data server in Frankfurt am Main in Germany, leased by CONREGO from Amazon Web Services, Inc., P.O. Box 81226, Seattle, WA 98108-1226, USA, https://aws.amazon.com/s3/
Default Domain - a subdomain of conrego.com domain that the Customer registers during the Test Account registration process or during the registration process for another Application Instance within the same Customer account. Connection with Default Domains is secured with SSL encryption certificate.
Event – any meeting organized by the Customer with the use of the Application.
Event Website - an Instance of the Application published by the Customer, wherein Users representing the Customer carry out Event organization tasks, including Attendee registration and other tasks handled by Modules available in the selected Subscription Plan.
Customer - a person engaged in business activity or a legal person registering a Test Account, who is the organizer of an Event or acts on behalf of the organizer as a contractor.
User - a natural person granted access to the Test Account or Customer Account and one of Instances by the Customer, representing the Customer in communication with CONREGO.
Attendee - a natural person that uses a publicly available Event Website and carries out legal acts, including entrusting their own personal details to the Customer.
Glitch - an event caused by a defect revealed when using the Application that does not impact the presentation of data and functioning of the Application.
Bug - an event caused by a defect revealed when using the Application that results in a malfunction of the Application’s function or Module, which results of incorrect presentation of data.
2. General Provisions
3. Subject and Terms for Provision of Service
- The subject of this agreement is:
- Customer’s access to the Customer Account - a Test Account that has at least one Instance of selected Subscription Plan paid within at most 30 days after Test Account registration,,
- storing and allowing processing data saved in the Database,
- storing and allowing processing Customer Files by the Users,
- the right to use Technical Support in cases related to using the Application.
- Within the boundaries of the Test Account or Customer Account, one can register:
- one free Instance for 14 days,
- any number of paid Instances.
- Instance of the Application registered within the boundaries of a Test Account shall expire in 14 days if no paid Subscription Plan is assigned to it.
- The Database and Customer Files gathered within an Instance scheduled for deletion shall be removed from CONREGO servers in 30 days from the day the Instance expires.
- Paying for a subscription within 30 days from the registration date shall activate the Instance for a full Subscription Period.
- The Customer is not bound to pay for an Instance and can stop using the service at any time.
- The Agreement on paid Service provision is made when the Customer receives the email message confirming that the payment is complete.
- In the case of resignation, the Customer shall not be refunded for the selected and paid Subscription Plan.
- The Customer can modify the data entered in the Customer Account and modify the Subscription Plans of Instances of the Customer’s choice.
- Changing a Subscription Plan for the selected Instance when using the service will change the remaining Subscription Period. The remaining original Subscription Period shall be shorter or longer, proportionally to the difference between the values of the original and target Subscription Plan.
- In the case of Instance subscription at a discounted price, any successive extension of the Subscription Time will be billed at a regular price.
- Subscription is extended for another one (1) Subscription period after the current Subscription Period expires and the same or a new Subscription plan is selected and paid for.
- An updated price list of Subscription Plans is available on the Website and the interfaces of the Test Account and Customer Account.
- Prices in the price list may be subject to change but such change shall not entail any changes to the Subscription Period of an active subscription.
- Customers and Users are bound not to disclose login credentials of Test Accounts, Customer Accounts, and Administration Panels of Instances linked to their accounts, to any third parties, and to keep these credentials secret.
- CONREGO holds no responsibility for damage resulting from the Customer or Users disclosing login credentials for their Test Accounts, Customer Accounts, and Administration Panels of Instances linked to their accounts, to third parties.
4. Detailed Terms for Provision of Service
- It is forbidden to publish any illegal content on Event Website, including content that:
– infringes third party copyrights;
– infringes personal rights of CONREGO or third parties;
– violates common decency;
– is pornographic, racist, xenophobic, or unethical;
– is illegal according to the Polish law.
- Breaching the statement above may result in legal responsibility of the Customer.
- CONREGO holds no responsibility for any forbidden content placed on the Event Website. The stipulation above is subject to the article 14 of the Act on provision of services by electronic means.
- Should CONREGO a legal notice or a notice from a trusted source about illegal content placed on an Event Website ran by the Customer, CONREGO has the right to make such content unavailable or remove it.
- CONREGO has the right to refuse signing an agreement and providing service or to withdraw from an already signed agreement in following cases:
- the Customer enters data required by CONREGO that are not factual,
- CONREGO has previously withdrawn from an agreement as a result of circumstances that the Customer is responsible for,
- there is a justified suspicion that the service will be used to ends contradictory to the Application’s intended use, in particular if it could be used in such way that it adversely affects other Users’ use of the Application or CONREGO hardware resources,
- there is a justified suspicion that the service will be used unlawfully, in particular to send SPAM,
- in person, or with other persons, or through other persons, the Customer has used the service to ends contradictory to its intended use,
- during the registration or previous usage of the service, the Customer has infringed rights of third parties generally applicable regulations, including but not limited to committing illegal actions,
- the Customer has exceeded the limits of the Application resources described in the Technical Limitations of Service section,
- the User acting on behalf of the Customer is abusing CONREGO Technical Support, constantly expecting information that is already available in educational materials and/or the Application documentation, or asks questions that have been answered at least twice within a period of 30 days from that enquiry,
- the User acting on behalf of the Customer is aggressive, bad-mannered, or offends CONREGO representatives.
- CONREGO and the Customer hold the right to assign the rights and obligations resulting from provision of the service to third parties.
- In the case of such assignment by the Customer, the Customer and Users acting on behalf of the Customer void their right to use the Application.
5. Technical Terms for Provision of Service
- Using the Application is possible if the Customer’s and User’s IT system meets the following minimal requirements:
- Internet access of minimal synchronous throughput of 512 kb/s.
- The Application is available on CONREGO server, where the Application is installed; the Customer and Users are not allowed to download (permanent reproduction) the Application and install it on another server.
- Within the boundaries of the agreement on provision of service, CONREGO gives the Customer a paid and non exclusive licence to use the Application according to its intended use, the functionality described in the Subscription Plan within the paid Subscription Period. This licence empowers the Customer and Users to temporarily reproduce the Application by displaying and using it when organizing the Event, including Attendee registration.
- The Customer has no right to make the Application available to third parties, paid, or free of charge, with the exception of making it available to the Attendees in the scope required for registration for the Event and related Event organization processes.
- The Customer is bound to leave intact the information ‘EVENT WEBSITE POWERED BY CONREGO’ with a direct link to CONREGO Website in the footer. Failing to fulfill this condition shall result in the Customer voiding the right to use the Application, i.e. the agreement on provision of service shall be terminated immediately.
- The agreement on provision of service is signed for the period of one (1) Subscription Period, including a licence to use the Application for the same period.
- CONREGO reserves the right, but is not bound, to change the features, function, technical requirements, and Subscription Plans of upcoming versions of the Application.
- CONREGO keeps copies of Databased for up to 72 hours but the Customer is responsible for creating and storing backup copies of all data stored in Databases and Customer Files on the Instances of the Application they use.
6. Technical Limitations of the Service
- Within the boundaries of paid Application Instances, the Customer can:
- store, at any given time, the data of up to 10 000 registered or imported attendees,
- store, at any given time, the data of up to 10 000 registered or imported surveys (in the Surveys module),
- send, in the span of one Subscription Period, up to 100 000 email messages,
- store, at any given time, up to 1GB of data as Customer Files.
7. Terms of Technical Support
- Technical Support for the Customer and Users is available from Monday to Friday (with the exception of Polish holidays and Polish public holidays) between 9.00AM and 5.00PM (Polish time - either UTC+1 or UTC+2 depending on the season) on terms described in separate agreements.
- Provision of Technical Support may require the User to give their login credentials for the Administration Panel of a selected Application Instance, to CONREGO. In such case, the User is bound to do so.
- Technical Support does not include assistance in operating: hardware, operating systems, other software, and applications used by the Customer and Users.
8. CONREGO Responsibility
- CONREGO responsibility for infringement of the agreement on provision of service is limited to the value of the Subscription Plan the Customer has selected.
- CONREGO guarantees the availability of Application Instances during the Subscription Period to be at least 99% annual uptime.
- In the case of the service being unavailable within a paid Subscription Period for a time exceeding the acceptable unavailability time, CONREGO is bound to prolong the Subscription Period of the service by 2 days for each started 24 hours of service unavailability.
- CONREGO reserves the right to make Instances temporarily unavailable in order to update the Application as a part of the service. Customers shall be notified by email at the earliest time possible.
- CONREGO makes effort to make temporal unavailability periods as convenient as possible in respect to the functioning of Event Websites.
- CONREGO holds no responsibility for improper functioning of the Application caused by:
- its misuse by the Customer or Users, including unauthorized modifications made to the Application,
- malfunctions of hardware or other software used by the User,
- actions of third parties that are not CONREGO contractors, and force majeure.
- If Glitches or Bugs are detected in the Application, the User has the right to demand that CONREGO fixes them in a timely manner. The time in which they will be fixed depends on the nature and complexity of the Bug (warranty repair).
9. Responsibility towards Attendees
- The Customer and Users are bound to inform Attendees about the terms of:
- using the Event Website and its intended use,
- registration and participation in the organized Event,
- and purpose of processing Attendee personal details.
- The Customer creating a data set, which is a data set within the meaning of Article 7 Point 1 of the Polish Act on the Protection of Personal Data, automatically becomes a controller of personal data of Attendees who have registered (paid or free of charge registration) or whose data were imported into the Database in order to organize the Event.
- The Customer is responsible for registering the data set with the Polish Inspector General for Personal Data Protection (GIODO).
- The Customer shall be held financially and legally liable for any consequences resulting from improper personal data processing or failing to register the data set with GIODO.
- The Customer has acknowledged that using the Application does not require them to gather, store, and process sensitive data and holds full responsibility for their use, storing, and processing by the Users that can access them.
- Sensitive data (data under particular protection) are:
- racial or ethnic origin, political views, religious or philosophical beliefs, religious denomination adherence, party or association membership,
- data about health, genetic code, addictions, or sexual life,
- data relating to legal charges, rulings of punishment, penalty tickets, and other rulings of courts or administrative bodies,
- bank account number, personal identification number, numbers of identity cards, passports, insurance, and other identification numbers that may be used to identify a person.
- In order to meet the requirements stated in the Atricle 3 of the Polish Act on personal data protection of 29th August 1997 (consolidated text from Journal of Laws 2016 Item 195 as amended), the Customer entrusts personal data processing, in the scope required to fulfill the agreement, to CONREGO.
- The Customer states that personal data entrusted to CONREGO have been gathered in compliance to applicable law and the Customer is entitled to entrust personal data processing.
10. Customer Responsibility in Terms of Payment Processing Using the Application
- The Customer that plans to sell tickets using electronic payment methods and the Payments Module needs to own an active customer account in the system of one of payment processors integrated with the Application: Stripe, PayPal, Blockchain.com, DotPay, eCard, FirstData (Polcard), Paylane, PayU, Przelewy24, or other available in the interface of the Payments Module.
- Integration of selected payment processors with the Payments Module will require entering proper credentials identifiers, configuration parameters, and access credentials to the account on the payment processor platform.
- Before the Customer begins selling tickets or entry passes and accepting payments from Attendees using a selected payment gateway, they are bound to:
- completely test the Application’s integration with the selected payment gateway (including authorization and settlement in a test environment, e.g. using a test account or value multipliers to reach a minimal amount),
- cover all costs related to fees and rates of the payment processor the Customer has an agreement with,
- inform the Attendees of refunds policy in the case of giving up participation and handle such refunds using the Customer’s own tools,
- properly configure and test proforma and final invoice generation, in particular the data and other parameters required by applicable tax law.
- CONREGO holds no responsibility for improper Payment Method configuration, or improper integration with payment processor services, or faulty transaction data resulting from errors, or faulty invoices, or incorrect payment reports.
- CONREGO hereby declares that it holds exclusive copyrights to the Application, excluding its elements that are open source libraries. These libraries were entered into the system and are published in compliance with the licences that state the terms of their use.
- The Customer and Users understand that failing to comply with the above statement may infringe exclusive copyrights to the Application and the Customer may be held legally responsible for such infringement.
12. Confidential Information
- CONREGO and the Customer (hereinafter referred to as Parties) agree that all information shared before signing an agreement is Confidential Information.
- In particular, Confidential Information includes the information constituting Parties’ secret within the meaning of Article 11 sec. 4 of the Act of 16 April 1993 on combating unfair competition (consolidated text, Journal of Laws of 2003 No. 153, item 1503), encompassing all technical, technological, organizational, and any other information that have any economic value, is not commonly known, and which Parties made effort to keep confidential.
- Confidential information also includes any other information that is not a company secret but its disclosure could cause damage to the Party.
- Parties shall not disclose, use, or disseminate Confidential Information, unless they have a written permission of the other Party. In particular, Parties shall:
- protect Confidential Information with at least the same level of diligence as the other Party;
- use gathered Confidential Information only to ends related to the cooperation between the Parties.
- All gathered Confidential Information and media the information is stored on shall be given to a Party on demand.
- Duties described in this Agreement do not concern:
- information that was commonly known before this Agreement was signed or becomes commonly known when this Agreement is in effect and it did not result from any Party’s actions;
- Confidential Information a Party is bound to disclose based on a judicial injunction or any other injunction resulting from the applicable law or actions carried out by legal or administrative bodies. In this case, if possible, the Party shall inform the other Party about this so that the other Party may attempt, on its own and using its own resources, actions to prevent Confidential Information disclosure;
- Confidential Information disclosed by a Party if the other Party has given a written permission to do so.
- The Operator of personal data of Customers, Users, CONREGO Newsletter Users, and persons using the Website within the meaning of the Act on personal data protection is CONREGO.
- Data are submitted by the Customer or their Users when:
- subscribing to CONREGO Newsletter,
- registering a Test Account,
- registering a Customer Account,
- on the Website or when correcting or updating details.
- Submitting personal data by the Customer and Users is voluntary but necessary for provision of service.
- Within the boundary of service provision, following personal data of Users is gathered:
a) CONREGO newsletter and Test Account services
- User’s first name
- User’s email address (the email address is a login that enables access to the Test Account’s panel).
- User’s phone number (to provide Technical Support and advice regarding the use of the Test Account).
b) Customer Account
- the Customer’s company name,
- first name and surname of the User acting on behalf of the Customer,
- NIP (Tax ID Number) or other administrative reference code of the Customer,
- the Customer’s registered office address,
- email address of the User acting on behalf of the Customer (email address is a login enabling access to Customer Account’s panel),
- phone number of the User acting on behalf of the Customer.
- CONREGO guarantees protection of personal data entrusted to it for processing.
- Personal data processing is carried out in compliance with the Polish law, in particular with the Act on personal data protection, the Act on provision of services by electronic means, and related implementing acts.
- Processing personal data of the Customer and Users is carried out to provide CONREGO service and inform about changes in the offer, new methods of using the service, and for marketing purposes.
- CONREGO reserves the right to disclose selected information about the Customer or Users of the Application to proper administrative bodies or third parties that demand such information basing on a valid legal justification if and only if it is compliant with the Polish law. Except the conditions listed above, data about the User or a person using the Website shall not be disclosed to any third party without consent from the User or a person using the Website.
- The User is responsible for the security of Test Account and Customer account login credentials and cannot share them with third parties. If there is a need to create an additional User account in a selected Application Instance, the form available in the Users Module shall be used.
- The User is bound to immediately notify CONREGO about changing personal data of the Customer or the User entrusted to CONREGO. Should there be no such notification within 3 days from the change, the previous personal data of the User shall be deemed up-to-date.
- The User is bound to immediately update Test Account or Customer Account login credentials if there is a suspicion that these credentials have been obtained by any third party.
- CONREGO informs that that as a connection between the User or any natural person and the Website is made, information about the number (including IP) and the type of end device of the User or any natural person that the User or any natural person uses to access the Website, is entered into system logs. CONREGO informs that it shall also process, in compliance with the Polish law, the data regarding the number (including IP) and the type of end device of User or any natural person using the Website, and the connection time of aforementioned persons with the Website. These data are processed in particular for technical and statistical purposes.
- CONREGO uses cookie files in order to gather information related to the User’s or other natural person’s use of the service. Cookies are used to:
- adjust the service to the needs of Users and other persons using the service,
- create the statistics of visits on Website subpages.
- CONREGO employs adequate technical and organizational measures to ensure the security of personal data submitted by Users, in particular measures preventing third parties from accessing or processing the data and violating the law, preventing data loss, corruption or deletion.
- Email messages directed to the Customer and Users who have given consent to receive business information via electronic means contain links that allow for withdrawal of such consent and being removed from the contact list.
- Every User has the right to access their personal data, correct them, complete them, and to demand to stop processing their data and delete them. In order to do so, the User should:
- log into a subscribed CONREGO Instance and delete the User account in the Users Module and/or,
- log into the Customer Account (accounts.conrego.com) and delete their account.
- After the User has concluded their use of the service using the Customer Account, CONREGO can process their personal data in the scope necessary to:
- provide the User with the Website promotion or advertising content (provided that CONREGO has User’s valid consent to do so).
- CONREGO has the right to publish, on the Website, information including names and web addresses of Event Websites made by Users using the Application. CONREGO is bound to remove such information should the Customer or User this information relates to demands so.
- CONREGO has the right to use selected data describing Event Websites made by Users using the Application (including but not limited to the number of registered Attendees) for analysis aimed at developing the Application and its functions. These data can be published by CONREGO but only in aggregated summaries relating to the use of the Application, in a manner that does not diversify individual Customers and Users and their Event Websites. Data usage shall not include Attendee personal data.
- User has the right to file complaints about the quality of Service provision.
- Complaints are to be filed via email at firstname.lastname@example.org
- A complaint should contain a description of the filed complaint and complete information regarding Customer Account with the exception of the password.
- CONREGO shall process complaints as quickly as possible but no longer than 14 days. The reply to the complaint will be sent to the User exclusively by email.
15. Final Provisions
- CONREGO informs the User about particularly important stipulations of the agreement on provision of services by placing them on the Website.
- The Parties declare readiness and willingness to reach settlement on any possible conflicts resulting from the provision of service.
- In a case when such settlement is not possible, all conflicts and claims shall be tried by the appropriate Court for the registered office of CONREGO.
- The law applicable to the agreement is the Polish law.