Terms and conditions

§ 1 GENERAL CONSIDERATIONS

1. These Terms and Conditions regulate the rules for the use of the Website by Users, including the rules and regulations for the provision of services by electronic means within the meaning of Article 8 of the ESS and the general terms and Terms of agreements for agreements concluded with the Administrator through the Website within the meaning of the chapter 5B of the CRA.
2. The Administrator can be contacted via:
   • e-mail address: personal.data@softwaremind.com
   • telephone number: 12 252 34 00
   • in person at the address: Mariusz Bugalski
3. The Terms shall apply to:
   • Users’ use of the Website by, among other things, opening, browsing, sharing;
   • Users subscribing to the Newsletter,
   • conclusion of agreements for the provision of Digital Content or Digital Services.

§ 2 DEFINITIONS

Terms used in these Terms and Conditions shall have the following meanings:

1. Website – the website available at https://softwaremind.com/ operated by the Administrator, where it is possible to read materials made available by the Administrator, as well as to obtain Digital Content or Digital Services or to conclude a Resource Material Agreement.
2. Administrator – company operating under the name of SOFTWARE MIND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków (31-864) at Aleja Jana Pawła II 43B, entered into the National Court Register by the District Court for Kraków-Śródmieście in Kraków, XI Economic Division of the National Court Register under no.: 0000411748, NIP: 6762453507, e-mail: office@softwaremind.com, tel. No.: 12 252 34 00.
3. User – a natural person over 13 years of age, whereby if such a person is under 18 years of age, the consent of their legal representative is required, unless they have full legal capacity, which uses the Website.
4. Consumer – a User who is a natural person concluding a relevant agreement with the Administrator which is not directly related to his/her economic or professional activity.
5. Form – an online form available on the Website for subscribing to the Newsletter or ordering Resource Material and concluding the Agreement;
6. Digital Content – data which are produced and supplied in digital form.
7. Digital Service – a service that allows the User to:
   • produce, process, store, or access data in digital form,
   • share data in digital form that have been sent or created by the User of this service,
   • interact with digital data in other forms.
8. Resource Material Agreement or Agreement – a distance contract for the provision of Resource Material supplied by the Administrator, for which the User does not pay a monetary fee, but provides the Administrator with personal data for marketing and promotional purposes (in particular, contact for the purpose of presenting its products and services and sending commercial information, including the Newsletter);
9. Resource Material – Digital Content or Services (in particular e-books and webinars) provided by the Administrator, for which the User does not pay a monetary fee, but provides the Administrator with personal data for marketing and promotional purposes (in particular, contact to present its products and services and to send Newsletter);
10. Newsletter – content provided in the form of Digital Content containing information about products and services provided by the Administrator, events organized or attended by the Administrator as well as achievements of the Administrator by means of an email message sent to the address indicated by the User in marketing, promotional and service provider branding purposes.
11. ESS – Act of 18 July 2002 on Electronically Supplied Services.
12. CRA – Consumer Rights Act (of 30 May 2014).
13. Terms – these Terms and Conditions.
14. Privacy Policy – privacy policy, i.e. a notice explaining how the Administrator processes personal data, available here: https://softwaremind.com/privacy-policy/.

§ 3 MINIMUM TECHNICAL REQUIREMENTS

1. To use the Website the following minimum technical requirements must be met:
   • having a computer with access to the Internet with the recommended operating system Windows 11 and Mac OS 10.10 or the minimum operating system Windows 7 or a mobile device with Android or iOS;
   • having one of the web browsers that supports JavaScript and cookies installed:
     • Microsoft Edge starting from version 85;
     • Mozilla Firefox starting from version 70;
     • Google Chrome starting from version 70;
     • Opera starting from version 70;
     • Safari starting from version 14.
2. The use of Digital Content or Digital Service requires, in addition to meeting the requirements indicated in point 1, the possession of an active electronic mail (e-mail) account.
3. In order to correctly use certain Digital Content or Digital Service, software capable of opening and editing files in PDF, DOC, MP4, MP3, MOV, AVI format may be required. Additional technical conditions required by the User to use Digital Content or Digital Service may be indicated each time in the description of a given Digital Content or Digital Service.
4. In the event that the User uses computer equipment or software which does not meet the technical requirements indicated in this § 3, the Administrator does not guarantee the correctness of the functioning of the Digital Content or Digital Services and stipulates that this may have a negative impact on their quality or manner of use, for which he shall not be held liable in such a case.

§ 4 INTELLECTUAL PROPERTY

1. Content available through the Website, including blogs and Resource Material provided to the User, is subject to protection under the Act on Copyright and Related Rights of 4 February 1994. The Website and Digital Content and Digital Service may contain legally protected trademarks.
2. The User may use Digital Content and Digital Service only for personal purposes without the right to further distribute them or use them in any other way for purposes related to his/her business (or other commercial purposes).
3. By entering into the Resource Material Agreement, the User acquires a non-exclusive licence to use Resource Material in the following fields of exploitation:
   • display;
   • reproduction.
4. Further fixation and reproduction, marketing of the original and copies, broadcasting and re-broadcasting, as well as public exhibition, display, reproduction and making the Digital Content or Digital Service available in such a way that everyone can access them from any place and at any time chosen by them, as well as any other use of the Digital Content or Digital Service beyond the fields of exploitation indicated in paragraph 3 above is not permitted.
5. Modification and alteration of the integrity of the Digital Content and Digital Service is prohibited without the Administrator’s consent, unless this is due to obvious necessity and the Administrator would not have a legitimate reason to object to it.

§ 5 USE OF THE WEBSITE

1. The Administrator maintains ongoing supervision of the technical functioning of the Website, ensuring that it operates correctly. However, the Administrator does not guarantee that the pages of the Website are available at all times or that they function without errors.
2. The Administrator reserves the right to modify the Website, as well as the right to interrupt or discontinue the operation of the Website due to, among other things, maintenance activities. This does not affect the Administrator’s obligations under previously concluded agreements.
3. The use of the Website is possible on condition that the User’s IT system meets the minimum technical requirements specified in § 3 of the Terms.
4. The Administrator shall not be liable for technical problems or technical limitations in the computer equipment used by the User which prevent the User from using the Website correctly.
5. The User is obliged to use the Website in a manner consistent with these Terms, applicable law, rules of social coexistence and the purposes of establishing the Website, and in particular in a manner that does not infringe the rights of third parties or the rights and interests of the Administrator.

§ 6 CONCLUSION OF AN AGREEMENT

1. Through the Website, the Administrator enables the User to conclude Resource Material Agreement, i.e. an agreement for the provision of Digital Content or Digital Services (Resource Material), for which the User does not pay any monetary fee, but provides the Administrator with his/her personal data to be processed for marketing and promotional purposes (in particular, contact to present his/her products and services and to send commercial information, including the Newsletter).
2. The conclusion of the Agreement requires:
   • reading the Terms and the Privacy Policy;
   • filling in and submitting the Form (i.e. inserting the data, clicking the checkbox to use the service and confirms the data indicated by the User, by button: Send me the video, Send me the copy, Send me the guide, Subscribe now, etc.) and
   • then confirming the wish to request the Agreement, including subscription to the list of recipients of commercial information, including Newsletter subscribers, by clicking the link sent to the e-mail address provided by the User in the Form.
3. The Agreement shall be deemed to have been concluded upon the User’s confirmation of the request to conclude the Agreement referred to in clause 2(c) above.
4. The User shall receive a confirmation of the conclusion of the Agreement at the latest when the distance contract is concluded.
5. In the Form, the User is obliged to provide data that is truthful, accurate and up-to-date, not misleading and does not infringe the rights of third parties. The Administrator shall not be liable for any erroneous data provided by the User.

§ 7 OBJECT OF THE AGREEMENT

1. The object of the Agreement shall be the Resource Material available on the Website selected by the User when concluding the Agreement.
2. The description of the Resource Material is made available within the Website and forms an integral part of the Agreement.
3. The downloading of Resource Material which are files (in particular e-books) and the participation in real-time webinars is of a one-time nature.
4. In the case of Resource Material constituting Digital Services (made available to the User without the possibility of downloading them, in particular on the Administrator’s platform), the Administrator shall ensure the possibility of using them (including replay) for a period of at least two weeks from the date of their delivery.
5. The Administrator shall not be liable for incorrect downloading or saving of the Resource Material by the User resulting in loss of access.
6. Resource Material complies with the Agreement if:
   • compliance with the Agreement remains in particular description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates;
   • they are compatible with the Agreement if, in particular, they are suitable for the specific purpose for which the User needs them, which the User notified the Administrator of at the latest when the Agreement was concluded and which the Administrator accepted;
   • they are suitable for the purposes for which Resource Material of this type are normally used, taking into account applicable law, technical standards or good practice;
   • they are in such quantity and have such features, including functionality, compatibility, availability, continuity and security, as are typical of Resource Material of this type and which the User may reasonably expect, taking into account the nature of the Resource Material and the public assurances made by the Administrator, its legal predecessors or persons acting on its behalf, in particular in advertising;
   • are supplied with such accessories and instructions as the User may reasonably expect;
   • comply with the trial version or announcement that was made available to the Administrator by the Administrator prior to the conclusion of the Agreement.
7. The Administrator shall inform the User of updates, including security features, necessary for the Resource Material to comply with the Agreement and shall provide them to the User for the duration of:
   • the delivery of the Resource Material as specified in the Agreement, pursuant to which delivery is continuous, or.
   • as reasonably expected by the User, taking into account the type of Resource Material and the purpose for which they are used, and the circumstances and nature of the Agreement, if the Agreement provides for delivery of the Resource Material at one time or in parts.
8. If the User fails to install the updates provided by the Administrator in accordance with clause 7 above within a reasonable time, the Administrator shall not be liable for the non-compliance of the Resource Material with the Agreement arising solely from the failure to install the update if:
   • it has informed the User of the update and the consequences of not installing it;
   • the failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Administrator.
9. The Administrator may make changes to the Resource Material (excluding Resource Material provided on a one-off basis) consisting of updating, improving or enhancing them. The User shall be informed of any such change by means of a message sent to the e-mail address indicated by the User. If the change materially and adversely affects the User’s access to or use of the Resource Material, the User may terminate the Agreement without notice within 30 days of the change.
10. The User may make a complaint about the non-compliance of the Resource Material with the Agreement in any form by contacting the Administrator in the manner indicated in § 1 clause 2 of the Terms.
11. The User will be informed of the way in which the complaint has been resolved within 14 days counted from the day following the day on which the Administrator received information about the complaint. The Administrator will be notified about the resolution of the reported complaint to the e-mail address provided by the User.
12. The Administrator shall be liable for any non-conformity of the Resource Material with the Agreement that existed at the time of delivery and became apparent within two years of that time. Any non-conformity of the Resource Material with the Agreement that became apparent before one year after delivery shall be presumed to have existed at the time of delivery.

§ 8 PAYMENT CONDITIONS

1. The User does not pay a monetary fee for the Resource Material provided to him/her by the Administrator, however, he/she provides the Administrator with personal data which will be processed for marketing and promotional purposes.
2. If the User does not wish to provide the Administrator with personal data for marketing and promotional purposes, the User may pay a price specified by the Administrator. Acquisition of Resource Material for a monetary fee requires individual contact with the Administrator.

§ 9 DELIVERY OF THE RESOURCE MATERIAL

1. Delivery of the Resource Material to the User shall be made by sending the relevant files or links to the User’s e-mail address no later than:
   • two days before the scheduled date of the webinar (training, workshop), unless otherwise indicated in the description of the webinar – in the case of webinars taking place in real time;
   • one working day after the User’s confirmation referred to in § 5 clause 2(c) of the Terms reaches the Administrator – in the case of other Resource Material not described in clause 1(a) above.
2. In the event that the User signs up for a real-time webinar later than three days before its scheduled date, the Administrator shall be entitled to make the recording of the webinar available to the User within three working days of the date of the webinar, instead of providing participation in the real-time webinar.
3. The Administrator reserves the right to change the date of the webinar in real time. Any change of date will be notified to the User enrolled.
4. In the case of cancellation of a webinar scheduled in real time, the Administrator may offer the User other Resource Material. If the User is not interested in the replacement, he/she has the right to withdraw from the Agreement.
5. If the Administrator has not provided the Resource Material to the User, the User shall call on the Administrator to provide the Resource Material.

§ 10 DURATION OF THE AGREEMENT

The Administrator shall have the right to contact the User for marketing and promotional purposes (including contacting to present its products and services and sending a Newsletter to the e-mail address indicated by the User) for a period of 24 months from the end of the year in which the Agreement was concluded, unless the Agreement is terminated before the end of that period.

§ 11 WITHDRAWAL OF THE AGREEMENT

1. The User may withdraw from the Agreement if:
   • the Administrator fails to deliver the Resource Material within an additional period of 14 days despite the summons referred to in § 9 clause 4 of the Terms;
   • it is evident from the Administrator’s statement or from the circumstances that he will not deliver the Resource Material;
   • The User and the Administrator have agreed, or the circumstances of the Agreement clearly indicate, that the specified deadline for delivery of the Resource Material was of material importance to the User, and the User failed to deliver them by that deadline.
2. The Resource Material do not comply with the Agreement and:
   • it is impossible or requires excessive costs to bring them into conformity with the Agreement or
   • the Administrator has failed to bring the Resource Material into conformity with the Agreement within a reasonable time from the moment it was informed by the User and without unreasonable inconvenience for the User or
   • the non-compliance of the Resource Material with the Agreement continues even though the Administrator has attempted to bring them into compliance with the Agreement or
   • the lack of compliance of the Resource Material with the Agreement is so significant that it justifies withdrawal from the Agreement without the User’s prior request to bring them into conformity with the Agreement or
   • it is clear from the Administrator’s statement or circumstances that it will not bring the Resource Material into conformity with the Agreement within a reasonable time or without undue inconvenience to the User.
3. The Consumer may withdraw from the Agreement for cause within 14 days from the date of conclusion of the Agreement.
4. A model withdrawal is attached to the Terms.

§ 12 TERMINATION OF THE AGREEMENT

1. The Agreement shall be terminated without notice in the event that:
   • The User clicks on the cancellation link contained in the content of the email sent within the Newsletter;
   • The User submits an effective objection to the processing of his/her personal data for marketing and promotional purposes.
2. The Agreement may be terminated without notice if the User does not show any activity related to the Newsletter or contact with the Administrator, which is understood as not opening emails sent by the Administrator for at least 6 months.
3. In the case of termination or withdrawal from the Agreement, personal data made available for the purpose of concluding the Agreement shall be processed for archiving purposes in order to prove the fact of concluding the Agreement by the User, in particular they shall not be processed for marketing and promotional purposes.

§ 13 OUT-OF-COURT DISPUTE RESOLUTION

1. The Consumer shall have recourse to out-of-court complaint and redress procedures, including the possibility:
   • to apply to a permanent amicable consumer court to resolve a dispute arising from the Agreement concluded;
   • apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the buyer and the seller;
   • use the assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
2. Detailed information on out-of-court ways of dealing with complaints and pursuing claims, the Consumer may look for at the website http://polubowne.uokik.gov.pl.
3. The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales agreement or service agreement.

§ 14 NEWSLETTER

These §14 – §16 apply if the User within the Website has the possibility to sign up for the Administrator’s Newsletter. It does not apply to the sending of the Newsletter under the Resource Material Agreement.

§ 15 SUBSCRIBING TO THE NEWSLETTER

1. Signing up for the Newsletter is done in the Newsletter dialogue box available on the Website by filling in the Form, including providing the email address to which the Newsletter is to be delivered and sending it. The User may also subscribe to the Newsletter by ticking the appropriate checkbox next to the contact form.
2. The User shall immediately receive a Newsletter subscription message at the e-mail address provided by the User. If the User does not receive such message within 48 hours from the moment of registration, he/she should notify the Administrator.
3. Signing up for the Newsletter shall be tantamount to agreeing to receive commercial information referred to in the ESS and art. 172 of the Act of 16 July 2004 Telecommunications Law.
4. By signing up for the Newsletter, the User enters into an Agreement for the provision of Digital Content or Digital Services, in which the User is not obliged to provide any other services than providing personal data, and these data are processed by the Administrator only for the purpose of performing the Agreement – sending the Newsletter.

§ 16 AGREEMENT DURATION

1. The frequency of delivery of the Newsletter to the User shall be decided by the Administrator, with the Administrator reserving the right to send the Newsletter once.
2. Subject to clause 3 below, the Agreement referred to in § 15 clause 3 of the Terms shall cease to be in force after 2 years from the end of the year in which it was concluded. After this period, the Administrator will no longer address the Newsletter to the User, unless the Agreement is extended, the parties conclude a new Agreement.
3. The User may terminate the Agreement at any time without notice and without giving any reason. The Agreement will be terminated in particular if:
   • The User clicks on the unsubscribe link contained in the content of the email sent as part of the Newsletter;
   • The User submits an effective objection to the processing of his/her personal data for the purpose of sending the Newsletter.
4. The User may make a complaint about the non-compliance relating to Newsletter in any form by contacting the Administrator in the manner indicated in § 1 clause 3 of the Terms.
5. The User will be informed of the way in which the complaint has been resolved within 14 days counted from the day following the day on which the Administrator received information about the complaint. The Administrator will be notified about the resolution of the reported complaint to the e-mail address provided by the User.

§ 17 AMENDMENTS TO THE TERMS

1. The Administrator reserves the right to amend these Terms for important reasons, such as legal, technological and business change. Users shall be informed of amendments to the Terms by posting the new, amended version of the Terms on the Website.
2. Amendments to the Terms shall come into force on the date of posting the new version or on the date specified with the information on amendments to the Terms.
3. In the case of concluded Agreements, the amended Terms shall come into force as of the effective date indicated by the Administrator. In the case of contracts concluded before that date, the User may terminate the relevant contract due to the changes in the Rules and Regulations or demand that the Rules and Regulations as previously in force be applied to him/her.

§ 18 APPLICABLE LAW

1. The provisions of the applicable law, in particular the provisions of the Act of 30 May 2014 on Consumer Rights, the Civil Code Act of 23 April 1964 and the Act of 18 July 2002 on Electronic Services Supply shall apply to matters not regulated in the Terms.
2. The Terms shall be governed by Polish law.
3. Issues related to the protection of personal data are described in the Privacy Policy.

§ 19 OTHERS

1. Software Mind sp. z o. o. (with its registered seat in Cracow, Poland) and its affiliates operating in the United Kingdom are not affiliated with Mind, The National Association for Mental Health in United Kingdom.