Terms and conditions of Advocly
Definitions:
Subscription – a recurring fee incurred by the User for being granted access by the Service Operator to the Account and functionalities provided via the Service.
Account – a set of data linked to a given User, including information provided by the User while using the Service and information regarding the User’s activity in the Service. The Account enables the User to use the functionalities of the Service.
Billing Period – the billing period for the Account Agreement. It is one month, i.e., 30 days. It begins when access to the Service is purchased and ends upon the lapse of 30 calendar days.
Service Operator – Advocly P.S.A., with its registered office in Warsaw (02-454) at ul. Szczęsna 26, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number: 0001151203, NIP: 5223323464, with share capital of PLN 40,000.00, acting as the operator of the Service.
Software – computer software based on artificial intelligence provided by the Operator in the Software as a Service model, enabling in particular the analysis of legal documents. A full description of the functionalities is available at the following link: https://advocly.com/
Privacy Policy – the privacy and cookie policy containing provisions regarding the processing of personal data by the Service Operator.
Terms and Conditions – these Terms and Conditions of the Service.
Registration – the process of creating an Account, which includes providing the data required by the Service, accepting the Terms and Conditions and the Privacy Policy, making payment of the Activation Fee and the Tariff for the first Billing Period, and activating the Account.
Service – the online platform operated by the Service Operator, available at advocly.com.
Account Agreement – the agreement for the provision of an Account service, concluded between the Service Operator and the User.
User – a natural person conducting business activity, a legal person, or an organizational unit without legal personality that has legal capacity, who uses the Service after logging in to the Account.
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Initial Provisions
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These Terms and Conditions define the rules for using the Service by Users. Each User is obliged to read these Terms and Conditions and accept their provisions before starting to use the Service.
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Within the Service, the Service Operator enables the use of its functionalities. The primary functionality of the Service is the ability to use the Software.
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By using the Service, the User agrees to be bound by these Terms and Conditions. If the User does not agree with the provisions of these Terms and Conditions, the use of the Service’s functionalities is not permitted.
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Use of the Service is paid. The Operator may also allow the use of the Service free of charge during a trial period.
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Whenever these Terms and Conditions or the Service mention actions taken by the User, such actions should be taken by persons authorized to represent the User. Performing an action on behalf of the User is tantamount to that person declaring that they have the right to represent the User.
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Unless stated otherwise, whenever an email address of the Service Operator is mentioned, it is: [email protected].
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Account
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The User may use the functionalities of the Service only after completing Registration. Detailed rules and conditions for using the functionalities of the Service, including payment rules, are specified in these Terms and Conditions and in the content of the Service.
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Account Registration requires meeting the requirements specified in the Service.
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After fulfilling the obligations referred to in Section 2.2, a confirmation of Account creation and a link to activate it will be sent to the email address provided by the User. Registration is completed at the moment the User activates the Account. At that moment, the Account Agreement and the Acquisition Agreement are concluded.
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The User is obliged to provide true, correct, and up-to-date data during the Registration process and while using the Service. The User is required to update the data in case of any changes.
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The User undertakes to keep the Account login details confidential and protect them against unauthorized access by third parties. The User must immediately inform the Service Operator if they become aware of unauthorized third parties gaining access to the Account login details and, if possible, change them immediately.
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Account Functionalities
- Details regarding functionalities, including their availability and features, can be found in the Service at the following link: https://advocly.com/pricing
- The primary functionality of the Account is the ability to use the Software.
- The User is aware that proper operation of the Service’s functionalities and performance of the Acquisition Agreement may require the User to take appropriate actions.
- The Service Operator emphasizes that some information displayed in the Service, including in particular content generated by the Software and the proper operation of certain functionalities, rely on information whose accuracy and correctness depend on factors beyond the Service Operator’s control. The Service Operator shall not be liable for any damage to the User resulting from any action or omission based on information obtained via the Service’s functionalities.
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Price, Payments, and Refunds
- As part of the Registration process, the User is required to provide data enabling automatic payment of the Subscription.
- The Subscription rates are available at the following link: https://advocly.com/pricing.
- During the term of the Account Agreement, a change in the Subscription may occur. The change will become binding at the start of the next Billing Period, provided that the User is informed about the price change at least 7 days before the beginning of the next Billing Period.
- The User pays the Subscription in advance, before the start of the Billing Period for which the Subscription is due.
- Payment is made exclusively through www.paddle.com.
- The currency of payment is any currency available in Paddle – https://www.paddle.com/help/start/intro-to-paddle/what-currencies-do-you-support.
- All fees include VAT where applicable. A VAT invoice is sent to the User’s indicated email address in electronic form, to which the User consents.
- The Service Operator is not liable for incorrect data provided by the User on which the payment was based.
- The Service Operator allows for a refund of the Subscription only in the following cases:
- The User reports a technical problem preventing the use of the Service, and the Advocly support team is unable to fix the problem within 14 business days from the time it was reported.
- The User submits a refund request before the start of a new billing period, provided that they have not used the service during the current period.
- Refund requests must be submitted electronically to [email protected], including details of the technical issue and any relevant information about the user’s account. If approved, refunds will be processed within 14 business days of the request’s approval. The refund will be made using the same payment method that the user used for purchase.
- Any complaints related to payments handled by Paddle.com Market Ltd can also be directed to Paddle in accordance with their refund policy available at: https://www.paddle.com/legal/buyer-terms
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Duration of the Account Agreement and Termination
- The Account Agreement is concluded for an indefinite period from the moment of Registration.
- The User may terminate use of the Service at any time. The resignation takes effect at the start of the new Billing Period.
- The Service Operator is entitled to terminate the Account Agreement with the User at any time. The Service Operator will notify the User of the termination of the Account Agreement by email sent to the address associated with the Account. Termination of the Account Agreement by the Service Operator becomes effective at the end of the current Billing Period.
- Upon termination of the Account Agreement, the User loses access to information and functionalities related to the Account.
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Technical Requirements
- The use of the Service takes place via the public Internet, which, by its nature, does not guarantee reliable or confidential communication between the User and the Service Operator, including with regard to the content of transmitted information and the confidentiality of User data.
- It is recommended that the User has up-to-date antivirus software.
- The Service Operator may limit the User’s access to certain parts of the Service or the entire Service.
- When using the Service on mobile devices, the recommended system is Android with the latest version of the Chrome browser.
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Intellectual Property
- The Service, as the sole property of the Service Operator, is protected by copyright. This protection covers the content of the Service, the tools that make up its functionalities, and other works recognized by copyright law as protected works. All rights belong to the Service Operator, or the Service Operator has the right to use them based on a separate agreement, and all rights are reserved.
- Any processing of data and other information available in the Service for the purpose of making them available to third parties within other online services, as well as outside the Internet, is prohibited.
- The Service Operator stipulates that any use, decompilation, modification, or further publication of a modified work owned by the Service Operator is prohibited.
- The publication of any data obtained from the Service must include an exact reference to the Service. The Service Operator indicates that, regardless of compliance with the requirement mentioned in the previous sentence, it is prohibited to publish, for commercial purposes, any content owned by the Service Operator by virtue of copyright law, without prior written consent from the Service Operator.
- The creation of any tools or databases containing data regarding the Service Operator’s activities is prohibited.
- Any violation of the provisions of this section constitutes a breach of copyright. The violating party shall return or destroy all copies of the works and any profits obtained from the breach of the Service Operator’s copyright. The right to use the Service shall expire immediately.
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Personal Data Protection
- The Service operates in compliance with applicable personal data protection regulations. Detailed information regarding the scope and rules of privacy is available in the privacy policy at https://advocly.com/privacy
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Prohibited User Actions
- The User is entitled to use the Service in accordance with its intended purpose, within the limits of law and public decency, and with respect for the rights and property of others. In particular, the User undertakes to:
- Not take actions that could disrupt the proper functioning of the Service, including not interfering with the content of the Service and Accounts or the IT elements of the Service.
- Not engage in unethical or illegal activities.
- Refrain from acting in bad faith, from misusing the functionalities of the Service, and from using the Service or its functionalities in a manner inconsistent with its intended purpose and these Terms and Conditions.
- The User is obliged to comply with the obligations set out in Section 10 of the Terms and Conditions at every stage of using the Service, in relation to each functionality offered.
- The Service Operator is entitled to block an Account if there is a suspicion that the Account may have been or may be used for activities that threaten the security of Users in the Service, as well as if the activities undertaken through the Account negatively affect the good name of the Service Operator or otherwise harm the Service Operator.
- In the event of a serious violation of the law using the Service, as well as a serious or repeated breach of the Terms and Conditions, the Service Operator may, respecting the principles of proportionality and free trade, suspend the Account or temporarily or permanently block it, which shall be tantamount to a temporary suspension of services for the User, subject to the following rules:
- Suspending the Account means temporarily suspending its functionalities. A User whose Account is suspended loses the ability to actively use the Service.
- Blocking the Account means the User loses the ability to log in to the Account.
- The User is entitled to use the Service in accordance with its intended purpose, within the limits of law and public decency, and with respect for the rights and property of others. In particular, the User undertakes to:
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Service Operator’s Liability
- The User is fully aware that the Service Operator may rely on data provided to it or obtained from publicly available sources, for the accuracy, correctness, or completeness of which the Service Operator is not responsible. The User understands that the data and content contained in the Service may not be exhaustive. The Service Operator is not required to and does not verify their correctness.
- The Service Operator makes reasonable efforts to ensure the timeliness, accuracy, and uninterrupted availability of the Software and the content of the Service. The User is obliged to further verify the information on their own outside the Service. The Service Operator is not liable for any consequences resulting from the content being out of date, inaccurate, or unavailable at any time, including consequences arising from reliance on such content without verification.
- While the Service Operator makes every effort to ensure that the functionalities available within the Service are continuously accessible and operate correctly, it shall not be liable for any consequences arising from their malfunction or unavailability at any time, including any resulting from reliance on these functionalities.
- The Service Operator shall not be liable if, for any reason, the Service is unavailable at any time or for any period.
- The Service Operator makes every effort to ensure that the Service is free from malicious software; however, the Service Operator is not liable for the consequences of using the Service for the User’s computer or mobile system, including technical infrastructure and data.
- The Service Operator is not liable for the proper functioning of telecommunications operators providing connectivity to the Service both on the Service Operator’s side and on the side of persons using the Service.
- The Service Operator is not liable for any legal, financial, or other consequences of the User’s use of the information contained in the Service. The Service Operator is not liable for any damage or loss incurred by the User or third parties in any way related to the use of this information, including for the purpose of making decisions in an individual case. The User uses the Service and the functionalities available within the Service at their own risk and must verify them before use.
- The Service may contain links to websites belonging to third parties. The Service Operator is not liable for the availability of the content found on these websites.
- If the User becomes aware of an error in the operation of the Service or an error in the data available through the Service, the User is obliged to inform the Service Operator about it, and the Service Operator will make efforts to remove the incorrect operation or incorrect data.
- The Service uses artificial intelligence to analyze legal documents. However, the results of this analysis are for informational purposes only and do not constitute legal advice, legal opinion, or a recommendation for action.
- Using the Service does not replace consultation with a qualified lawyer or legal advisor. The User should verify the results of the analysis independently and, if necessary, consult a professional lawyer.
- The Service Operator is not liable for any decisions, actions, or omissions taken on the basis of the results of the analysis provided by the system. The User uses the service at their own responsibility.
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Inquiries and Complaints
- Inquiries, requests, complaints, and comments from the User regarding the operation of the Service, services provided via the Service, or hardware should be sent to [email protected]. The complaint should include at least the email address assigned to the Account and a detailed description of the circumstances and irregularities causing the complaint. If the data or information provided in the complaint does not allow the Service Operator to examine the complaint, the Service Operator will request that the User clarify the doubts or provide additional information electronically, if it is necessary to consider the complaint by the Service Operator, indicating precisely the doubts or the required information. If, despite this, the User does not provide the required data, the Service Operator may leave the complaint unexamined.
- The complaint should be submitted within 30 days from the occurrence of the event being complained about. Complaints will not be considered after the expiration of the aforementioned 30-day period.
- Complaints will be processed within 30 days from the date of their receipt. The response to the complaint is sent electronically to the address provided in the complaint.
- By submitting a complaint, the User agrees to the processing of personal data in the form of the email address from which the complaint was sent.
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Final Provisions
- The Service Operator has the right to amend the provisions of the Terms and Conditions by publishing them on the Service and providing such information to the User at the email address provided. The changes come into force on the date indicated by the Service Operator, unless applicable law provides otherwise. The User should familiarize themselves with the changes made by the Service Operator.
- A User who does not agree with the changes to the Terms and Conditions is entitled to terminate the Account Agreement without notice within 7 days of being informed by the Service Operator about the change to the Terms and Conditions, in accordance with section 5.3. Failure to submit a statement in the form and within the period indicated in the previous sentence, or further use of the Service by the User after the changes in the Terms and Conditions come into effect, is tantamount to accepting these changes.
- The Service Operator may, at any time, change the scope or type of content available in the Service and may also expand, modify, limit, or discontinue any or all functionalities available within the Service.
- The law applicable to all agreements between the User and the Service Operator is Polish law.
- Any disputes related to the services provided by the Service Operator within the Service are subject to the exclusive jurisdiction of the court competent for the Service Operator’s registered office and will be governed by the applicable Polish legal regulations.
- The Service Operator reserves the right to make binding interpretations of these Terms and Conditions.
- If any provision of these Terms and Conditions is invalid or ineffective, it does not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by provisions that best reflect the business purpose and nature of the relationship between the Service Operator and the User.