TERMS AND CONDITIONS OF SERVICE FOR SPHERE-ENGINE.COM

§ 1

General Provisions

  1. 1.These Terms and Conditions govern the provision of services by electronic means for the www.sphere-engine.com web site and terms of use for the Service provided by the Operator and resulting from the Agreement between the User and the Operator.

  2. 2.Before using the Service, the User is obliged to become familiar with these Terms and Conditions of Service.

  3. 3.Before concluding the Contract with its Users, the Operator provides access to these Terms and Conditions of Service free of charge within the Operators IT system, which allows for downloading, storing and printing of the Terms and Conditions.

  4. 4.The User is obliged to comply with these Terms and Conditions of Service from the moment they begin using the Service.

§ 2

Definitions

  1. 1.The Operator – “Sphere Research Labs” spółka z ograniczoną odpowiedzialnością (limited), with its registered office in Gdynia, registered within the National Court Register held by the District Court for Gdańsk – North in Gdańsk, 8th Commercial Division, under KRS: 0000316381, NIP: 5862219354, REGON:220631894, with share capital of 70,300 PLN

  2. 2.The Web Site – the internet site found at the following URL: www.sphere-research.com, maintained by the Operator on the basis of the following Terms and Conditions of Service.

  3. 3.The User – an individual having full legal capacity, a legal person, an organizational unit with no legal personality granted legal capacity by an Act of law, which uses the Services provided by the Operator through the Web Site on the basis of the following Terms and Conditions.

  4. 4.The Service – sharing an internet platform with the Users based on the SaaS model (Software as a Service) which allows Users to create, compile, modify and test their source codes.

  5. 5.Blocking the Service – limiting the possibility to use the Service provided by the Operator through the Web Site.

  6. 6.Registration – a one-time activity consisting of filling in a form on the Web Site by the User.

  7. 7.Account – a panel which allows the User to use the Service.

  8. 8.Account Activation – activity performed by the User after Registering, which consists of following an activation link sent by the Operator to the User’s e-mail address.

  9. 9.Blocking the Account – lack of possibility for the user to log into their Account which takes place along with Blocking the Service.

  10. 10.Username – individual and unique User ID to be used within the Web Site.

  11. 11.Password – a set of 8 characters defined by the User and assigned to the User, required to log into the Account within the Web Site.

  12. 12.Subscription – the subscription plan for the use of the Service selected by the User.

  13. 13.Trial Period – a given number of entry units, which are granted to the User to be used free of charge.

  14. 14.Subscription Period – the period, for which the User pays a Subscription Fee, throughout which the account remains active.

  15. 15.Settlement Period – the period of one month, after which the User is obliged to make payment of the Subscription Fee.

  16. 16.Subscription Fee – the fee for maintaining the Account for the duration of the Subscription Period in the amount defined in the price list.

  17. 17.Agreement – the agreement between the User and the Operator regarding the provision of Services by electronic means concluded at the time of Registration and acceptance of Terms and Conditions of Service by the User.

  18. 18.Terms and Conditions of Service – the terms and conditions listed herein.

§ 3

Conditions of Service Provision

  1. 1.The Operator maintains a Web Site where they provide the Service in the Software as a Service model.

  2. 2.Within the Web Site the Operator may provide Users with access to the following modules:

    1. a.Sphere Engine Compilers, which provides the User with access to API and documentation for problems, and

    2. b.Sphere Engine Problems, which provides the User with access to API, documentation for problems and a CMS system for creating problems.

  3. 3.While using the Service throughout the Trial Period the User gains access to both modules listed in § 3 item 2 of these Terms and Conditions.

  4. 4.After the Trial Period ends the User has the right to resign from using the Service or purchase one of the Subscription Packages offered by the Operator.

  5. 5.The Operator offers the following three Subscription Packages for the use of the Service:

    1. a.Pay as You Go, which allows for making 10,000 (ten thousand) entries within the Service and access to the Sphere Engine Compilers module.

    2. b.Lite, which allows for making 30,000 (thirty thousand) entries within the Service and gives access to the Sphere Engine Compilers and Sphere Engine Problems modules.

    3. c.Business, which includes the possibility to make up to 200,000 (two hundred thousand) entries within the Service and gives access to the Sphere Engine Compilers and Sphere Engine Problems modules.

  6. 6.Access to the Account of the Service offered through the Web Site is only possible for Users, who have Registered and Activated their Accounts.

  7. 7.The Operator has the right to entrust the maintenance of the Web Site to a third party, for which the User agrees upon accepting these Terms and Conditions.

  8. 8.The User should fulfill the following requirements to use the Web Site:

    1. a.Have access to the internet,

    2. b.Have an internet browser installed on their device in the most up-to-date version (Google Chrome, Mozilla Firefox, Safari or Opera).

    3. c.In the case of storing data on a local drive, as per point 6 item b, the system requires functioning software for downloading data to a local drive (HTTP client).

  9. 9.The Operator reserves the right to modify the technical means for delivering the Service.

  10. 10.Using the Service by Users of the Service may take place upon their request, through a web browser after logging into the User Account.

§ 4

Registration

  1. 1.Provision of the Service is only possible following a Registration and acceptance of these Terms and Conditions.

  2. 2.After carrying out the process of Registration the User is obliged to

  3. 3.Following Activation of the Account by the User, they obtain the right to use the Web Site and the Service for the duration of the Trial Period. After the Trial Period, the Agreement expires, unless the User makes payment of a Subscription Fee for one the Subscription Packages available from the Operator.

  4. 4.The User bears the responsibility for maintaining the confidentiality of their Password and other authenticating data, which they receive from the Operator.

  5. 5.By carrying out the process of Registration and Activation of the Account the User agrees for the Operator to begin the provision of the Service until they withdraw from the Agreement, which shall result in the consequences indicated in § 11 of these Terms and Conditions.

§ 5

Rights and Obligations of the User

  1. 1.The User is Obliged to:

    1. a.use the Service in a way which will not interfere with the functioning of the Service and the Web Site,

    2. b.use the Service in a way which will not be in breach of any provisions of the current Law which is effective within the territory of the Republic of Poland, or provisions of these Terms and Conditions,

    3. c.withhold from sharing their username and password, as indicated in § 3 of these Terms and Conditions, with any third persons,

    4. d.make timely payments of the Subscription Fee after the Trial Period ends, if the User decides to continue using the Service,

    5. e.inform the Operator about any malfunctions of the Service.

  2. 2.The User has the right to:

    1. a.uninterrupted access to the Service subject to provisions of § 6 point 2 item a) and § 8 of these Terms and Conditions,

    2. b.remove their account. By removing their Account, the User resigns from the use of any Services paid for within the Web Site.

§ 6

Rights and Obligations of the Operator

  1. 1.The Operator is Obliged to:

    1. a.ensure uninterrupted access to the Service subject to provisions of § 6 item 2 letter a) and § 8 of these Terms and Conditions,

    2. b.to fix any malfunction in provision of the Service reported by the User within 1 working days from the moment the malfunction is reported, and in case of a lack of possibility to remove such malfunction, to inform the User of that fact and set a new date which will not exceed the following 14 working days.

  2. 2.The Operator has the right to:

    1. a.Temporarily suspend the Service for the purpose of maintenance or modification of the Service. In the case of a period of technical downtime exceeding 2 hours, the User has the right to have their Subscription Period extended by a corresponding period.

    2. b.Send messages to e-mail addresses of Users including technical information related to the functioning of the Web Site and provision of the Service,

    3. c.Block the Account providing access to the Service to users, whose Accounts have been used for any activity which was in breach of the current provisions of the Law,

    4. d.Block the Account providing access to the Service in case the User does not comply with the provisions of these Terms and Conditions.

§ 7

Responsibility of the Operator

  1. 1.The Operator does not bear any responsibility for any activities of the User which were undertaken based on the results obtained when using the Service.

  2. 2.The Operator does not bear any responsibility for the financial results of the Users activity based on the results obtained when using the Service.

  3. 3.The Operator does not bear any responsibility for technical problems or technical limitations caused by the User’s computer equipment, which they use to access the Web Site and the Service.

  4. 4.The Operator does not bear any responsibility for breaching any rights of any third persons and any damages to third persons resulting from any activity conducted by the User with the use of the Web Site or the Service.

§ 8

Force Majeure

The Operator does not bear any responsibility for damages to Users resulting from the occurrence of Force Majeure, which includes events which could not have been foreseen or the consequences of which could not have been prevented.

§ 9

Fees

  1. 1.Except for the duration of the Trial Period using the Service provided by the Operator is subject to fees as per provisions of these Terms and Conditions.

  2. 2.The amount of Subscription Fee is defined by the price list found at the following URL: http://sphere-engine.com/pricing.

  3. 3.The Subscription Fee for Subscription as defined in § 3 item 5 letter a) of these Terms and Conditions is a one-off fee. The Subscription may be renewed after the number of entries granted by the Operator is fully used.

  4. 4.The Subscription Fee for Subscription as defined in § 3 item 5 letter b) and c) of these Terms and Conditions is recurring and charged in monthly intervals.

  5. 5.The Subscription Fees regarding Subscriptions defined in § 3 item 5 letter b) and c) of these Terms and Conditions are to be paid up front for the entire Subscription Period.

  6. 6.In case none of the Subscription Packages defined in § 3 item 5 of these Terms and Conditions meet the requirements of the User, the Operator makes it possible for the User to make the purchase of a suitable Enterprise Subscription after signing a separate contract. In such case the fee is calculated individually for each User.

  7. 7.The Subscription Fee stated in the Price List is a gross amount.

  8. 8.Subscription Fees are to be paid to the account of the Operator with the use of PayPal.

  9. 9.In the case of a lack of payment of the Subscription Fee for the coming Subscription Period, the Operator shall block the possibility for the User to use the Service.

§ 10

Personal data protection and privacy policy

  1. 1.In compliance with the act of August 29, 1997, on personal data protection (i.e. Journal of Laws of 2016, point 922) the User agrees for their personal data to be processed by the Operator.

  2. 2.The Operator of the Service is also the Operator of personal data, which processes the data in compliance with provisions of the law.

  3. 3.The detailed information regarding the processing of personal data can be found within the Privacy and Cookie File Policy to which can be found at the following URL: http://sphere-engine.com/private.

§ 11

Withdrawing from this Agreement

  1. 1.The User who fulfills the definition of a consumer may withdraw from this Agreement within 14 days from the day it was concluded.

  2. 2.In compliance with article 38 point 13 of the Act of May 30 2014 on consumer rights (Journal of Laws of 2014, item 427 as amended) the Operator informs the User, that a User who fulfils the definition of a consumer forfeits the right to withdraw from the Agreement if fulfilling the obligation (Provision of the Service) begun with their clear consent before the end of the withdrawal period.

§ 12

Dispute Settlement

  1. 1.In case any dispute arises from the provision of the Service by the Operator for the User, the parties shall first use every effort to negotiate an amicable solution. The User and the Operator shall negotiate in good faith and engage persons authorized to make suitable decisions in the process of these negotiations.

  2. 2.If within the period of 30 days from the beginning of these negotiations the User and the Operator fail to reach an amicable agreement the dispute is to be submitted to a common court having jurisdiction over the defendant.

  3. 3.In the case of any disputes with consumers, regardless of the provisions of § 12 point 1 and 2, the consumer may use out of court complaint and redress procedures. Shall they wish to amicably resolve the matter related to purchases made online the consumer may file a complaint through the European Union interned ODR platform available under the following URL: www.ec.europa.eu/consumers/odr

§13

Operator’s contact details

Operators contact details:

a) Telephone: +48 587351159,

b) E-mail: contact@sphere-research.com,

c) Street address: Al. Zwycięstwa 96/98, 81-451 Gdynia, Poland.

§ 14

Final Provisions

  1. 1.These Terms and Conditions become effective on 01/01/2015.

  2. 2.The Operator has the right to one-sidedly amend these Terms and Conditions. Any changes to these Terms and Conditions become effective 7 days after they have been published on the Web Site and Users have been informed via e-mail.

  3. 3.In any matters not regulated by these Terms and Conditions, provisions of the act on the provision of services by electronic means, the act on personal data protection, the act on consumer rights, the Civil Code and all common law regarding provision of the Service.