Terms of Service

§1

Preliminary provisions

1. These Terms define the conditions of use of the websites located at:

   a) https://injectit.io/,
   b) https://customizeme.injectit.io/

2. For the purposes of these Terms of Service, the following concepts shall have the following meaning:
   
   a) Terms of Service – these Website regulations;
   b) Service Provider – Protone Łukasz Ozimek, ul. Partyzantów 23/1, 20-815 Lublin, PL7123162583 on behalf of Inject IT S.à.r.l-S, 9 Rue du Laboratoire, L-1911 Luxembourg, Luxembourg, Numéro TVA LU32093804
   c) Website – a webpage hosted at a following locations: Gravelines (France), Amsterdam (Netherlands);
   d) Back office module – Website service in which the Contractor configures data on its product (e.g. material, color), which afterwards is being made available to its Client while selecting the parameters of the ordered product;
   e) Client component – a component in which the configuration of the Project prepared by the Contractor is visible to his Client;
   f) Integration module - a program that is an implementation of the Client Component for a given e-commerce platform;
   g) User – a natural person to whom the Contractor has granted rights to certain functionalities of the Website through the Account;
   h) Contractor – a natural person running a sole proprietorship, a legal person, an organizational unit without legal personality legal capacity of which is recognized by law, setting up an Account on the Website, using the Services provided on the Website;
   i) Agreement – an agreement for the provision of Services by electronic means concluded between the Service Provider and the Contractor;
   j) Client - a person to whom the Projects created by the Contractor on the Website are made available through the Client Component;
   k) Services – services provided electronically by the Service Provider in accordance with the Agreement and Terms of Service;
   l) Account – an individual Contractor's Account, to which he has access using a login and a password;
   m) Account Administrator – a natural person, an authorized representative of the Contractor who creates an Account and manages the Account;
   n) Data - data of the Contractor and Users, including personal data processed for the purpose of implementing the Agreement;
   o) Registration – an act of providing the Data by the Contractor in the extent necessary to use the Website;
   p) Registration form – an electronic form used to Register a Contractor;
   q) Project – a 3D model of the Contractor's product, uploaded to the Website and configured by the Contractor and then made available to the Client;
   r) Subscription Fee – remuneration paid in advance by the Contractor for the possibility to use the Website Services (unless the Price List states otherwise);
   s)Subscription Period – duration of a contract: 1, 3, 6 months, yearly;
   t) Price list – an attachment to the Terms of Service containing information on charges for using the Services available on the Website depending on the scope of the selected Service and the Subscription Period. Changing the Price List does not constitute a change to the Terms of Service;
   u) Payment Operator – a company independent of the Service Provider, responsible for an internet payment system enabling payments to be made between the Supported and the Supporter – Stripe (https://stripe.com/)
   
   
   
   
   
   
   
   
   
   

§ 2

General conditions for the provision of Services by electronic means

1. The use of the Website takes place using an ICT system that provides processing and storage as well as sending and receiving data via telecommunications networks, in accordance with the Act on the provision of electronic services.

2. In order to use the Website, the Contractor is to have a device with access to the Internet and a web browser.

3. Minimum technical requirements:

1. for mobile devices: 2GB RAM, 2x1.85 GHz, 1280 x 720px, any camera, supported web browser: https://caniuse.com/webgl,

2. for stationary devices: 4GB RAM, 2x1.85 GHz, 1920 x 1080px, any camera, supported web browser: https://caniuse.com/webgl.

4. Upon the successful creation of an Account on the Website, in accordance with the instructions set out in § 3 of the Terms of Use, an Agreement between the Contractor and the Service Provider is concluded in an electronic form, while Services provided by the Website under the conditions specified by law and these Terms of Service are the subject of the Agreement.

5. Services are provided to the Contractor on a commercial basis. The Contractor's Clients do not pay any fees for using the Projects made available to them.

§ 3

Registration

1. In order to use all the functionalities of the Website, it is necessary to have an Account on the Website

2. The Account is created independently by registering on the Website. In order to create an Account one must complete the registration form on the Website.

3. Registration and setting up an Account is voluntary and free of charge. Registration on the Website requires acceptance of these Terms of Service. By registering, the Contractor declares that he has read the current version of the Terms and Services, including the Privacy Policy, accepts its content and the rights and obligations resulting from its provisions.

4. Setting up an Account requires the authorized representative of the Contractor to accept the obligatory consents and complete the registration form with the data indicated therein, in particular:

   a) name and surname,

   b) e-mail address,

   c) password.

5. The registration form contains fields and statements marked with asterisk (*), which are obligatory to complete the registration and create an Account. Failure to complete the fields referred to in the above sentence results in the inability to create an Account and the refusal to provide Services.

6. After correctly completing the registration form, the Contractor will receive a message to the e-mail address provided, containing the Account activation code.

7. After registering the Account, the Account Administrator completes the business data of the Contractor necessary for the provision of Services, in particular:

   a) Business name,

   b) seat, address,

   c) tax identification number.

8. As a confirmation of the successful creation of the Account (conclusion of the Agreement), the Contractor will receive relevant information to the e-mail address provided during registration.

9. When completing the registration form, the Contractor may not provide personal data of third parties and place the image of third parties without the approval or consent of these parties required by law.

10. In the case of legal persons and organizational units, only a person who is authorized to act on behalf of these entities can set up an Account on their behalf (Account Administrator).

11. The Account Administrator is entitled to grant Users access to specific Account functionalities. For this purpose, it is required to provide the name, e-mail address, password and function of the User.

12. The Contractor and the User may not provide other Contractors, Users or third parties with the Website login data. The Website will not be held liable for the consequences of disclosing login data to third parties by the Contractor or the User. If another Contractor, User or a third party obtains data allowing to log into the Website, or in the event of suspicion of such a situation, the Account Administrator should change the login data and immediately notify the Website.

13. By creating an Account on the Website, the Contractor agrees for the Website to the process provided personal data for the purpose of proper provision of the Website Services specified in the Terms of Service (the conclusion of the Agreement constitutes legal basis for the personal data processing). Detailed rules for the processing of personal data are set out in the Privacy Policy.

14. After creating an Account on the Website and paying the Subscription Fee, the Contractor is granted access to all functionalities of the Website provided for the selected Subscription. The Website may create new functionalities and change or modify the existing ones, which does not constitute an amendment to the Agreement.

§ 4

Website services

1. As part of the Website, the Service Provider delivers Services in three modules:

   a) Back office module (standard);

   b) Client component (standard);

   c) Integration module (optional);

2. After registering and paying the Subscription Fee, the Contractor gets access to the Back office module and the client component (standard services). The integration module is optional, in order to use this service, the Contractor is to place an additional order on the Website (as part of the Subscription Fee paid).

3. As part of the Back office module, the Service Provider delivers the following Website functionalities:

a) uploading a 3D model of the Project by the Contractor:

- the required format of the 3D model: .glb .gltf .obj .fbx;

- the possibility to determine the types of product materials, product spare parts;

- the possibility to assign the price to a product, materials and spare parts.

b) modeling the lighting of the Project:

- the possibility to assign specific types of lighting and place them in 3D space.

c) setting the colors and texture of the Project

- the required color and texture format : .png, .jpeg, .jpg;

- The Service Provider recommends uploading the highest quality colors and textures. The Service Provider is not responsible for the appearance of the Project in case of uploading a Project of lower quality than recommended;

d) the possibility to upload optional parts of the Project;

e) the possibility of grouping parts of the Project into one:

- many parts of a Project can be combined into a functional whole without being separated;

f) the possibility of blocking the editing function of the Project (or a given part) by the Client or allowing the Client to remove elements of the Project;

g) the possibility of moving the Project or its part in space;

h) the possibility to change the size of elements within the frame of parameters set;

i) the possibility to put one’s own text on the Project and edit it;

j) the possibility of switching between Projects (from the Main Project to the detailed Projects and vice versa);

k) the possibility of making the finished Project available to the Client.

4. The Service Provider delivers the following methods of making the Project available to the Client:

a) by generating an external link – after clicking the link, the Client is transferred to the Website;

b) by generating a QR code – after scanning the QR code, the Client is transferred to the Website;

c) through the integration module - i.e. a program that is an implementation of the client component for a given e-commerce platform.

5. As part of the client component, the Service Provider delivers the following functionalities of the Website:

a) The Client receives access to the Project;

b) The Client can view the Project;

c) The Client may, on the basis of the parameters provided by the Contractor, configure the Project to his own requirements;

d) The Client has an option to display the Project in augmented reality on his/her device;

e) The Client has an option to save the finished Project and send it to the Contractor;

f) the component collects information about the Client (from which location the Project was viewed, the length of the Project configuration, information about the device and system used to configure the Project, what kind of configuration he/she has made in the Project, which parts of the Project he/she has configured).

6. As part of the integration module, the Service Provider delivers the following functionalities of the Website:

a) The Contractor has the possibility of integrating the Website's functionalities to its own webpage;

b) The Service Provider gives the Contractor an integration code to be placed on the Contractor's webpage source code,

c) The Service Provider gives a link to the WordPress Website plugin.

7. The Service Provider reserves the right to change or extend some functionalities of the Website, which will not constitute an amendment to the Agreement.

§5

Payment method

1. In order to use the full functionality of the Website, the Contractor is obliged to place an order for the provision of Services.

2. In order to place an order, one must complete the order form available in the Account and indicate:

   a) Subscription Fee – in accordance with the Price List,

   b) Subscription Period.

3. All payments are made through the Payment Operator. The data of the Payment Operator are available on the Website. After placing the order, you will be redirected to the Payment Operator's website. The Terms of making payments are available on the Payment Operator's website at https://stripe.com/en-pl/ssa.

4. If the Contractor fails to pay for the order placed or does not pay the monthly Subscription Fee, the Contractor's Account will be blocked until the order or the Subscription Fee is paid.

5. The amount of the Subscription Fee is specified in the Price List available at..., which is an integral part of these Terms of Service. These are gross prices for the monthly period of using the Website.

6. The Service Provider reserves the right to make changes to the Price List at any time.

7. Changes in Fees does not affect the prices of Services already paid. If one selects a Subscription Period longer than one month, the Fee will not change within the selected Subscription Period.

8. Payments made for the ordered Services are non-refundable, except in cases specified by law or indicated in these Terms of Service.

9. A VAT invoice for the Service is issued by the Payment Operator.

10. The Website and the Payment Operator, as part of the obligations under the Act of November 16, 2000 on counteracting money laundering and financing of terrorism (Journal of Laws of 2017, item 1049), reserves the right to register transactions made on the Website. In order to confirm the identity of the Contractor making a transaction on the Website the Payment Operator may request:

1. to make a test payment from the Contractor's bank account;

2. to provide an identity document;

3. a confirmation of the Contractor's identity in any other way.

10. The Website or the Payment Operator may refuse to collect the payment from the Contractor if there is a reasonable suspicion of violating the Terms of Service, in particular violating the provisions of the Act of November 16, 2000 on counteracting money laundering and financing of terrorism. (Journal of Laws of 2017, item 1049).

§ 6

Using the Website

1. It is forbidden to use the Website in a manner inconsistent with the provisions of these Terms of Service, applicable law, good morals or principles of social coexistence.

2. It is forbidden to copy, duplicate or use even partial content of the Website (except for the Project) without a prior written consent of the Service Provider.

3. The Contractor is not entitled to provide third parties with Services in whole or in part (except for Users) nor to develop similar Services to those provided by the Service Provider as a model or other activities that violate copyright and other intellectual property rights.

4. The Contractor undertakes to refrain from any actions aimed at hindering, destabilizing the operation of the Website or making it difficult for other Contractors to use the Website.

5. The Contractor undertakes not to post on the Website, in particular in its Projects, any vulgar or erotic content, nor content that induces racism, persecution for ethnic, cultural or religious reasons, promotes or supports criminal activities, violates the rights of third parties, including intellectual property rights, or constitutes another form of infringement of legally protected goods.

6. The Contractor declares that all Projects on the Website have been posted by him in a manner consistent with the law, in particular that the Contractor has proprietary copyrights to them and that his actions do not infringe the rights of third parties.

7. By posting the Projects or other materials, the Contractor grants the Service Provider an indefinite, non-exclusive license to use, record, reproduce and make the Project available for the purpose of implementing the Agreement and making the Project available to the Client.

8. The license referred to in paragraph 7 shall be terminated upon deletion of the Project or the Contractor's Account. The Contractor is not entitled to a remuneration for granting the license.

9. The Contractor is responsible for the User's actions as for his own. In the event of a breach of Terms of Service by the User, the provisions relating to breaches by the Contractor shall apply.

10. The Contractor will make every effort to ensure that Clients do not use the Website in a manner inconsistent with its intended use.

§ 7

Account blocking

1. The Contractor is obliged to use the content of the Website in a manner consistent with the provisions of these Terms of Service, applicable law and the principles of social coexistence.

2. In the event of a breach of the provisions of these Terms of Service, legal regulations or otherwise affecting legally protected goods, the Service Provider reserves the right to block the Account, block the Contractor's access to some of the Services available on the Website, and in particularly blatant cases – irreversible deletion of the Account, in the event of ineffective prior call on the Contractor to cease the violations. Blocking the Account as well as blocking the Contractor's access to some of the Services available on the Website may, at the Service Provider's discretion, be used for a limited period or until its cancellation.

3. The deletion of the Account constitutes the termination of the Agreement for the provision of Services. The Contractor is notified of the fact of blocking the Account, blocking access to part of the Services or deletion of the Account via the e-mail address provided during registration.

4. In case referred to above in § 7 section 2, the Contractor has the right to submit a complaint in a manner specified in § 10 of these Terms of Service.

5. In the event of blocking or deleting the Account, the Service Provider shall not refund any payments made by the Contractor.

§ 8

Liability

1. The Service Provider undertakes to ensure the highest possible quality of the Services provided.

2. The Contractor acknowledges that due to the technical configuration of the equipment used by the Contractor while accessing the Website, certain functions of the Website may be unavailable to him.

3. Upon prior posting a relevant information on the Website, the Service Provider reserves the right to temporarily disable the operation of the Website at any time for the purposes of maintaining, updating or technically improving the Website or expanding the content of the Website, which does not constitute improper performance of the Agreement by the Service Provider.

4. The Service Provider reserves the right to transfer all rights to the Website, to its complete liquidation or to cease providing the Services in part or in full.

5. The Service Provider is not responsible for the content and form of data posted by the Contractor on the Website, as well as he is not responsible for the content posted by the Client.

6. Abovementioned provision of § 8 section 5 does not apply if the Service Provider finds out about the illegal nature of the data or about their inconsistency with the provisions of these Terms of Service and does not take appropriate actions.

7. The Service Provider is not responsible for the dissemination of Contractors' data by other Contractors or third parties, if it occurred in violation of the provisions of these Terms of Service or applicable law.

8. The Service Provider is not responsible for the effectiveness of payment transactions made via the Payment Operator. Any remarks related to the payment transactions made in the manner specified in the preceding sentence are to be reported by the Contractor directly to the owner of the Payment Operator.

9. The Service Provider is not responsible for the fulfillment of any tax or other public-law obligations incumbent on the Contractors.

§ 9

Termination of the Agreement

1. The Contractor is entitled to terminate the Agreement at any time:

1. in case of a 12-month Subscription Period with a …-month notice, effective at the end of the month;

2. in case of a …-month Subscription Period with a ...-month notice, effective at the end of the month;

3. in case of a monthly Subscription Period with effect at the end of the month.

2. The Contractor may terminate the Agreement by:

   a) submitting a request to delete the Account,

   b) sending a declaration on termination of the Agreement to an e-mail of the Service Provider contact@injectit.io

3. The Contractor is entitled to use the full functionality of the Website during the Agreement termination period.

§ 10

Complaint procedure

1. The Contractor may report any complaint related to the functioning of the Website by sending a complaint notification form to the following address: contact@injectit.io

2. The complaint will be processed under the following conditions:

   a) it is submitted by the Contractor to the appropriate address,

   b) it contains a stated reason for the complaint and possibly define the scope of activities that the Contractor expects to be performed,

   c) it contains the current data of the Contractor.

3. Complaints are processed by the Service Provider within 30 days of their receipt, if the Contractor clearly and transparently formulates the notification.

4. If a complaint is incomplete or ambiguous and it prevents it from examination within the above time limit referred to in § 10 section 3, the Service Provider will ask the Contractor to supplement it within 7 days.

5. In the event of an ineffective summons, referred to above in § 10 section 4, the complaint shall not be considered.

6. The Contractor shall be notified of the settlement of the complaint to the current e-mail address.

§ 11

Personal Data Protection

1. Providing the Contractor's personal data specified in the registration form is required to register on the Website and gain access to all functionalities of the Website. Providing the User's personal data is required for them to gain access to the functionality of the Website.

2. Detailed information on the processing of personal data can be found in the Website's Privacy Policy available at https://injectit.io/privacypolicy/

§ 12

Intangible Property Rights

1. All materials posted, made available on the Website, as well as the manner of their presentation (layout) are under protection provided for in the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2016, item 666) or in the Act on industrial property rights of June 30, 2000 (Journal of Laws of 2013, item 1410) and are vested in the Service Provider, unless their content or circumstances clearly indicate otherwise.

2. The proprietary copyrights to the Website or related to the Website, in particular the software that is a work, belong to the Service Provider or have been made available on the basis of valid license agreements and are subject to legal protection in accordance with the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws of 2006, No. 90, item 631, as amended). As a consequence, the Contractor is entitled to use the software and other works posted on the Website only for the purpose and within the limits resulting from the functionalities provided by the Service Provider, and may not duplicate or distribute them in any form or in any way, including copying, photocopying, including posting on the Internet – without a written consent of the Service Provider.

§ 13

Terms of License for the Integration module

1. The condition for the legal use of the Integration Module referred to in §4 section 5 is to accept these Terms of a paid, incomplete, non-exclusive and non-transferable License granted by the Service Provider.

2. Confirmation of obtaining a license is obtaining a license key and/or installing and launching the Integration Module by the Contractor on the previously indicated domain.

3. The Service Provider declares that he is entitled to grant a license to use the Integration Module to the extent specified in these terms and that the use of the Integration Module software does not infringe the copyrights of third parties.

4. The Integration Module is subject to the Service Provider's copyrights and is protected under the Polish Act on Copyright and Related Rights as well as agreements, contracts and international conventions.

5. A non-exclusive license is granted to the Contractor for the duration of the selected Subscription Period and only for the purpose of implementing the Client component for a given e-commerce platform.

6. The condition for obtaining the license is the payment of the Subscription Fee by the Contractor. Failure to pay the full amount due is equivalent to illegal use of the Integration module and may result in criminal and civil liability.

7. The integration module can be installed on a given e-commerce platform.

8. The Contractor may not sub-license the subject of the license or any part thereof nor assign, transfer or make it available in any form to third parties without the written consent of the Service Provider

§ 14

Final Provisions

1. These Terms of Service are available at the seat of the Service Provider and at the electronic address ... in an electronic version, enabling its acquisition, reproduction and recording using the ICT system used by the Contractor.

2. The Service Provider reserves the right to amend these Terms of Service. The changes come into force 7 days after publication.

3. If the amendments to the Terms of Service are not accepted, the Contractor is entitled to terminate the Agreement in accordance with the provisions of the Terms of Service before the effective date of the amendments to the Terms of Service. In this situation, until the expiry of the Agreement, the provisions of the Terms of Service in the previous wording shall apply.

4. In matters not covered by these Terms of Service, the provisions of polish law shall apply, in particular the Civil Code.

5. Any disputes arising from the implementation of the provisions of these Terms of Service, the parties will try to settle amicably. In the event of disagreement, disputes will be considered by a common court with jurisdiction over the registered office of the Service Provider.