Terms of Service

TERMS OF USE OF THE EMPATYZER SYSTEM

§1. General provisions

  1. The service provider is EMPATYZER sp. z o.o., with its registered office in Bialystok, ul. Warszawska 6/32, 15-063 Bialystok, Poland, KRS 0001048777, NIP 9662180081, REGON 525921140, email: [email protected], hereinafter referred to as the “Service Provider”.
  2. These Terms set out the rules for using the Empatyzer system and for the provision of electronic services through the System.
  3. For the purposes of these Terms:
    1. Empatyzer or System means the online system supporting the development of communication and interpersonal skills and cooperation between people;
    2. User means an individual who holds an Account;
    3. Account means an individual User account within the System;
    4. Organisation means a space created within the System in which a group of Users may use Empatyzer features;
    5. Organisation Administrator means a User authorised to manage a particular Organisation;
    6. Customer means an entrepreneur, legal person, organisational unit, institution or other entity for which a Paid Plan is purchased in connection with its business, professional, statutory or public activity;
    7. Free Plan means the free scope of use of Empatyzer;
    8. Paid Plan means the paid scope of use of Empatyzer assigned to a particular Organisation.
  4. These Terms are made available free of charge before an Account is created and before a Paid Plan is purchased, in a form that allows them to be saved and reproduced.
  5. Creating an Account requires acceptance of these Terms.

§2. Scope and purpose of Empatyzer

  1. Empatyzer provides services including, in particular, maintaining a User Account; providing questionnaires, profiles and development tools; providing recommendations concerning communication and cooperation; providing micro-learning and other development materials; providing features using artificial intelligence; creating Organisations and using team features; and providing analyses concerning teams and Organisations to the extent supported by the System.
  2. Empatyzer is intended to support the development of soft skills. It is not a medical, psychotherapy or healthcare service and is not intended to diagnose any health condition.
  3. Empatyzer is not intended for recruitment or candidate selection, employee performance assessment, or decisions concerning employment, promotion, remuneration, dismissal or allocation of duties. Use of the System for such purposes is prohibited.
  4. Information and recommendations provided by Empatyzer are supportive in nature. The User is responsible for deciding how to use them.

§3. User Account

  1. A User may create an Account independently.
  2. Registration and login may take place using an email address and password or through an external authentication provider made available by the System, in particular Google or Microsoft.
  3. The agreement for maintaining an Account is concluded when registration is successfully completed and these Terms are accepted, and is concluded for an indefinite period.
  4. The User must provide accurate and up-to-date information and protect access to the Account.
  5. The Account is personal and may not be shared with or transferred to another person.
  6. A person who does not have full legal capacity may use Empatyzer only to the extent permitted by applicable law and, where required, with the consent or through the action of a legal representative.
  7. The User may delete the Account at any time. Deletion of the Account terminates the agreement for maintaining that Account.

§4. Organisations

  1. A User may create an Organisation or join an existing Organisation by invitation.
  2. Creation of an Organisation does not constitute confirmation by the Service Provider of the existence, name or legal status of any company, institution or other entity, or of the User’s authority to represent it.
  3. The User is responsible for the name of an Organisation created by that User and may not use a name unlawfully, misleadingly or in a manner that infringes the rights of others.
  4. An Organisation Administrator may, within the functionality available in the System, invite and remove Users and manage Organisation settings.
  5. An Organisation Administrator may view data required to manage the Organisation, in particular a User’s first and last name, email address and information on whether the User has completed a particular questionnaire, survey or task.
  6. An Organisation Administrator does not, solely by virtue of that role, gain access to the content of a User’s questionnaire responses or private conversations with Empatyzer.
  7. An Administrator may remove a User from an Organisation. This does not delete that User’s Account.
  8. After an Account is deleted, the User’s data is no longer available in Organisations to which the User belonged.
  9. Email-domain verification may be enabled for an Organisation. Where enabled, only Users who verify ownership of an email address in the specified domain may be invited to that Organisation.
  10. Domain verification does not constitute confirmation of authority to represent the owner of that domain.

§5. Free Plan and Paid Plans

  1. The Free Plan may be used without a fixed time limit.
  2. One User may create up to 5 Organisations using the Free Plan.
  3. An Organisation using the Free Plan may have no more than 3 Users in total.
  4. Creating additional Accounts or taking other measures intended to artificially circumvent the Free Plan limits is prohibited.
  5. Paid Plans are offered exclusively to Customers. The Service Provider does not enter into Paid Plan agreements with persons purchasing as consumers.
  6. A User purchasing a Paid Plan on behalf of a Customer represents that the User is authorised to make that purchase on the Customer’s behalf.
  7. A Paid Plan is assigned to a specific Organisation. Neither the identity of the person making the payment nor the billing details provided for an invoice or other accounting document changes that assignment.
  8. A Paid Plan may be purchased directly through the System using an available payment provider or on the basis of an individual offer, order or agreement concluded with the Service Provider.
  9. For purchases made through the System, the price, scope of the Paid Plan and billing period are presented before the order is placed. The Paid Plan agreement is concluded when payment is accepted and the Paid Plan is activated.
  10. A Paid Plan may be billed monthly or annually.
  11. If a renewable subscription is selected at purchase, it renews for successive billing periods until cancelled.
  12. Cancellation stops the next renewal. Access to the Paid Plan remains active until the end of the paid billing period, and cancellation alone does not entitle the Customer to a refund for a billing period that has already begun.
  13. If a required payment is not made, the Service Provider may restrict or suspend the Organisation’s access to Paid Plan features.
  14. If a Paid Plan was purchased under an individual offer, order or separate agreement, its provisions prevail over these Terms to the extent that they regulate a matter differently.
  15. Deletion of a User Account does not automatically terminate a Paid Plan agreement concluded by the Customer. Renewal of a Paid Plan must be cancelled through the subscription cancellation mechanism or in the manner specified in the applicable individual agreement or offer.

§6. Technical requirements and security

  1. Using Empatyzer requires a device with Internet access, an up-to-date web browser supporting HTTPS and JavaScript, the ability to use technical mechanisms required to maintain a session and operate the System, and a working email address.
  2. Use of online services involves typical risks, including theft of access credentials, phishing, malicious software and exploitation of vulnerabilities in the User’s device or software.
  3. The User should appropriately secure the device and access credentials and promptly notify the Service Provider if unauthorised access to the Account is suspected.

§7. Rules for using Empatyzer

  1. The User must use Empatyzer in accordance with applicable law, these Terms and the intended purpose of the System.
  2. In particular, it is prohibited to:
    1. provide unlawful content or content infringing the rights of others;
    2. enter third-party data or content that the User is not authorised to use;
    3. obtain or attempt to obtain unauthorised access to Accounts, Organisations, data or System infrastructure;
    4. circumvent System security measures, restrictions or limits;
    5. introduce malicious software or interfere with operation of the System;
    6. conduct security or penetration testing without the Service Provider’s consent;
    7. reverse engineer, decompile or otherwise attempt to obtain source code, except where expressly permitted by applicable law;
    8. use Empatyzer for any purpose referred to in §2(3).
  3. The User is responsible for information and content entered into the System by that User.

§8. Artificial intelligence

  1. Some Empatyzer features use artificial intelligence systems. Such features are appropriately identified within the System.
  2. Responses generated using artificial intelligence may be inaccurate, incomplete or unsuitable for a particular situation.
  3. Empatyzer does not replace professional legal, medical, psychological, financial or other advice requiring specialist qualifications.
  4. For some features, the Service Provider may use artificial intelligence technologies and models supplied by third parties.
  5. The rules governing processing of personal data in connection with such features are set out in the Privacy Policy.

§9. Data and intellectual property

  1. The rules governing processing of personal data are set out in the Empatyzer Privacy Policy.
  2. The User is responsible for having the right to use any content and data entered into the System.
  3. The User permits the Service Provider to technically process such content and data to the extent necessary to provide the service, deliver selected features and ensure security of the System.
  4. Rights in Empatyzer, including the software, source code, interface, materials, databases, names and designations, belong to the Service Provider or the relevant rights holders.
  5. The User is granted the right to use the System only to the extent and for the period resulting from these Terms, the selected Plan or a separate agreement. Use of Empatyzer does not transfer any intellectual property rights in the System to the User.

§10. Availability, suspension and termination of services

  1. The Service Provider takes measures to ensure proper and secure operation of Empatyzer, but the System may be temporarily unavailable, in particular due to maintenance, updates, failures or security-related events.
  2. Empatyzer is continuously developed and its features may be changed, in particular for technological or security reasons, due to changes in law or as part of product development.
  3. A material change to the scope of a Paid Plan does not affect the terms of a billing period that has already been paid for, unless the change is required for legal or security reasons.
  4. The Service Provider may restrict, suspend or terminate access to an Account or Organisation in the event of a material breach of these Terms or applicable law, a threat to the security of the System or other persons, an attempted unauthorised access, or provision of false information material to use of the System.
  5. Where the nature of a breach allows it, the Service Provider may require the User to remedy the breach before permanently terminating access.
  6. The Service Provider may discontinue the Free Plan or a particular free feature by giving Users at least 30 days’ prior notice.

§11. Liability

  1. Empatyzer is a tool intended to support the User. The Service Provider is not liable for decisions or actions taken by a User or Customer solely on the basis of information or recommendations obtained through the System.
  2. The Service Provider is not liable for consequences of using the System contrary to these Terms or its intended purpose, or for consequences of a User allowing third parties to access the Account.
  3. In relation to a Customer, the Service Provider’s liability for loss of profit and indirect or consequential loss is excluded.
  4. The Service Provider’s aggregate liability to a Customer in connection with a Paid Plan may not exceed the total net fees paid for the relevant Organisation during the 12 months preceding the event giving rise to liability.
  5. The limitations set out in paragraphs 3 and 4 do not apply to loss or damage caused intentionally by the Service Provider.

§12. Complaints

  1. Complaints and reports concerning operation of Empatyzer may be submitted to [email protected].
  2. A submission should contain information enabling identification of the Account or Organisation concerned and a description of the issue to the extent necessary to review it.
  3. The Service Provider may request additional information necessary to review the submission.
  4. Complaints are reviewed without undue delay and no later than within 14 days of receipt.

§13. Changes to these Terms

  1. The Service Provider may amend these Terms in the event of changes in applicable law, the manner or scope of operation of Empatyzer, introduction of new features or plans, technological changes, changes concerning payments or security, or the need to prevent abuse.
  2. The User will be informed of a material amendment at the email address assigned to the Account at least 14 days before the amendment takes effect, unless an earlier change is required for legal or security reasons.
  3. A User who does not accept the amended Terms may delete the Account before the amendment takes effect.
  4. An amendment to these Terms does not change the terms of a paid billing period already commenced, unless required for legal or security reasons.

§14. Final provisions

  1. These Terms and agreements concerning Empatyzer are governed by Polish law.
  2. Disputes are resolved by courts having jurisdiction under applicable law.
  3. These Terms may be made available in other language versions. In the event of any discrepancy, the Polish-language version prevails.
  4. These Terms take effect on the date on which they are published.

 

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