TERMS AND CONDITIONS FOR USERS OF THE EMPATYZER SYSTEM

1. [Definitions]

The terms used in these terms and conditions mean:

1. Service Provider – EMPATYZER LIMITED LIABILITY COMPANY, KRS 0001048777, NIP 9662180081, REGON 525921140, email: em@empatyzer.com;
2. System – software for interpersonal and intercultural communication training made available to the User under an Agreement between the Service Provider and the Employer;
3. Terms and Conditions – these terms and conditions of the System, available at: empatyzer.com/pl/regulamin/ or by navigating to the “Terms and Conditions” tab in the System;
4. User – a natural person using the System who is an employee or contractor of the Employer;
5. Account – the individual User account in the System;
6. Employer – the entity that is a party to the Agreement with the Service Provider and for whom the User is employed or contracted;
7. Service – the service provided by the Service Provider to give the Users designated by the Employer access to the System;
8. Agreement – the agreement concluded between the Client and the Service Provider regarding the provision of the Service;
9. User’s Device – the electronic device through which the User accesses the System.

2. [General Provisions]

1. The Terms and Conditions define the conditions for the User’s use of the System.
2. All persons using the System may at any time, free of charge, familiarize themselves with the Terms and Conditions directly in the System and on the Service Provider’s relevant websites. The Terms and Conditions may also be downloaded and printed free of charge.

3. [Account Setup in the System]

1. Setting up an Account in the System requires the User to submit a statement of having read and accepted the Terms and Conditions and to accept other mandatory fields indicated as required.
2. To complete the account setup, the User may be required to take tests indicated by the Service Provider (including psychometric tests). The User may receive access to the results of the tests completed in the System. The possibility of re-taking some tests by the User may be limited (e.g., in terms of time available to complete the tests or the number of attempts allowed for a given test).
3. The User is required to provide only accurate, complete, truthful, and up-to-date information.
4. The Service Provider has the right to refuse to set up an Account in the System for a User who already has such an Account, as well as to suspend or delete the Account of a User who uses it in a manner contrary to the Terms and Conditions, legal regulations, social norms, or who causes harm to the Service Provider or Employer.
5. The User’s Account cannot be transferred to another person, including another User.

4. [Using the System]

1. The User may suspend or delete their Account in the System at any time.
2. The User may not share their Account in the System with third parties.
3. The User is obliged to properly secure the access data to the System (login and password) against unauthorized access. The consequences of improper security of data are the User’s responsibility.
4. The Service Provider may provide the User with updates, upgrades, or additional services related to the System. Some updates, upgrades, or services may result in changes to current settings, loss of data or content, or inability to use certain features of the System.
5. The User’s ability to use the System may depend on the Employer’s payment under the Agreement between the Employer and the Service Provider. If the Agreement between the Employer and the Service Provider is paid, and the Employer fails to settle the payment, the User’s Account may be suspended or deleted.
6. In order to ensure the proper functioning of the System, the Service Provider may analyze and use information about the User and their role in the Employer’s organizational structure, as well as any other information about the systems and devices used by the User in connection with performing work or providing services to the Employer.
7. While using the System, the User may receive messages, notifications, and tips, including information about communication with other Users.
8. The Service Provider informs that using the System in a manner inconsistent with its intended purpose or the lack of required cooperation from the User may affect the accuracy of the information, advice, and tips provided by the System.

5. [Conditions for Using the System]

1. It is prohibited to use the System to provide unlawful content, infringing personal rights or copyrights of third parties, or violating any applicable social norms and ethics, including netiquette. In particular, the following is prohibited:

1. Posting and using personal data of other people without a legal basis;
2. Posting vulgar content or content containing swear words or material generally recognized as offensive;
3. Promoting totalitarian regimes, associated symbols, or inciting hatred or crime;
4. Posting content promoting drug use, psychoactive substances, alcohol abuse, or gambling, as well as any other behaviors prohibited by law;
5. Posting content infringing intellectual property rights of third parties;
6. Posting content that undermines the reputation or good name of the Service Provider, Employer, other Users, or third parties;
7. Providing harmful software;
8. Engaging in spamming activities, or any actions resembling unfair competition or unfair market practices;
9. Conducting reverse engineering processes, decompiling, disassembling, decrypting, dismantling, translating, deconstructing, adapting, or using other methods to discover the source code or interfere with the System or online payment systems;
10. Disrupting, blocking, overloading, interrupting, slowing down, or hindering the normal operation of the whole or part of the System;
11. Posting links to pages and files containing the above-mentioned prohibited content.

1. The User is responsible for the content they post in the System. If the User posts illegal content or content violating the Terms and Conditions, the Service Provider has the right to remove it and suspend or delete the User’s Account.
2. It is forbidden to conduct any penetration tests, security tests, attempts to breach security, or hacker activities on the System.
3. If the User violates any point of the Terms and Conditions or applicable law, the Service Provider may take all legally allowed actions, including limiting the User’s access to the System and the Services provided through it.
4. The User is required to immediately inform the Service Provider about any irregularities in the operation of the System, especially those that may indicate unauthorized third-party access to the System.
5. The User consents to the measurement of their activity level in the System.

6. [Liability]

1. The Service Provider is not liable for:

1. The System not functioning properly or inadequately on the User’s Device that does not meet the technical requirements set by the Service Provider;
2. The consequences of unauthorized third-party access to the User’s access data (including login and password) to the System if the unauthorized access occurred due to reasons beyond the Service Provider’s control;
3. The actions or omissions by the User related to the information obtained through the System.

1. The User acknowledges that the quality of the System, response time, or availability of certain features may depend on the parameters of the Device and the communication network the User uses.

7. [Reporting System Errors]

1. Users may report any irregularities with any System function to the Service Provider’s email address: em@empatyzer.com
2. The report should include:

1. The identifier of the reporter, including identifying data and contact information of the User;
2. The identified functionality of the System, detailing the issue;
3. Photos, recordings, or screenshots illustrating the issues with the System.

1. The Service Provider may request additional explanations, documents, or verification of the reported event.

8. [Ending Use of the System, Suspending User’s Access]

1. The User may end their use of the System at any time by deleting their Account or requesting such action from the Service Provider.
2. The User may suspend their Account for a maximum of 5 (five) days. After this time, the Service Provider may delete the User’s Account.
3. The Service Provider may suspend, in whole or in part, the User’s access to the System (or delete the User’s Account) immediately if:

1. The User violates the Terms and Conditions or legal regulations;
2. The User provided false or misleading information during Account setup or while using the System (including during test completion, as described in §3(2) of the Terms and Conditions), which could affect the proper functioning of the System or the provision of services;
3. The User has ended cooperation with the Employer (regardless of the legal or factual basis for ending the cooperation);
4. The Agreement between the Employer and the Service Provider was terminated, canceled, expired, or a statement of withdrawal was made;
5. The Employer has stopped making payments due to the Service Provider under the Agreement.

1. The suspension of the User’s access to the Account or deletion of the User’s Account may occur without prior warning or notice to the User.
2. The Service Provider has the right to suspend the provision of the Service or delete the User’s Account if such a request is made by the Employer or authorized bodies.

9. [Personal Data Protection]

1. The Service Provider attaches great importance to respecting the privacy of Users and carefully selects and applies appropriate technical and organizational measures to ensure proper protection of processed data. In particular, the Service Provider protects the data from unauthorized access and processing in violation of applicable law. The Service Provider maintains continuous control over the data processing process and limits access to data to the greatest extent possible, granting relevant authorizations to process data only when necessary for the proper operation and use of the System.
2. If there is a change or update of the data contained in the User’s Account (or other data provided in connection with the use of the System) – the User is obliged to immediately correct them and inform the Service Provider.
3. Detailed information regarding the protection of personal data of Users by the Service Provider is available in a separate privacy policy accessible at: Privacy Policy

10. [Validity and Changes to the Terms and Conditions]

1. The Service Provider has the right to make changes to the Terms and Conditions. In case of a change, the Terms and Conditions will be provided to the User by posting them in the System or on the relevant websites of the Service Provider or by sending them to the email address provided in the System.
2. The provisions of the modified Terms and Conditions will bind the User if, after being informed of the changes, the User does not delete their Account in the System.

11. [Final Provisions]

1. The law of Poland applies to the assessment of rights and obligations arising from the Terms and Conditions.
2. References in the Terms and Conditions to paragraph numbers (§), sections (ust), and points (pkt) mean the respective editorial units of the Terms and Conditions.
3. The Terms and Conditions enter into force on 01.03.2025.