TERMS AND CONDITIONS FOR USERS OF THE EMPATYZER SYSTEM

1. [Definitions]

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

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

2. [General Provisions]

1. These Terms and Conditions govern the terms of use of the System by Users.
2. All persons using the System may, at any time and without incurring any charges, review 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 confirming that they have read and accepted these Terms and Conditions and agree to other mandatory fields.
2. To complete the Account setup in the System, the User may be required to complete tests indicated by the Service Provider (including psychometric tests). The User may gain access to the results of the tests completed in the System. The ability to retake certain tests may be limited (e.g., in terms of the time available for completing 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 create 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 violation of these Terms and Conditions, the law, social norms, or in a manner that could harm the Service Provider or Employer.
5. The User’s Account cannot be transferred to another person, including to 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 responsible for appropriately securing access data (login and password) to the System to prevent unauthorized access. Any consequences arising from the failure to properly secure such data are the responsibility of the User.
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 the current settings, data or content loss, or the inability to use specific features of the System.
5. The User’s ability to use the System may depend on the Employer’s payment obligations under the Agreement between the Employer and the Service Provider. If the Agreement between the Employer and the Service Provider is paid, the User’s Account may be suspended or deleted if the Employer fails to settle the payment.
6. To ensure the proper functioning of the System, the Service Provider may analyze and use information related to the User and their participation in the Employer’s organizational structure, as well as any other information about systems and devices used by the User in connection with performing work or providing services to the Employer.
7. During the use of the System, the User may receive messages, notifications, and alerts containing information, advice, and tips, including regarding communication with other Users.
8. The Service Provider informs that the use of the System in a manner inconsistent with its intended purpose or the lack of required cooperation from the User may affect the accuracy of information, advice, and guidance provided by the System.

5. [Conditions for Using the System]

1. It is prohibited to provide illegal content, infringing personal rights or copyrights of third parties, or violating any social and cultural norms or the principles of online social behavior (netiquette) while using the System. In particular, the following is prohibited:

1. posting and using personal data of other persons without a proper legal basis;
2. posting obscene content or content containing profanity, or content generally considered offensive;
3. propagating totalitarian regimes, symbols associated with them, or inciting hatred or criminal activity;
4. posting content promoting drug use, psychoactive substances, excessive alcohol consumption, gambling, or any other behavior prohibited by law;
5. posting content infringing the intellectual property rights of third parties;
6. posting content defaming or harming the reputation of the Service Provider, Employer, other Users, or third parties;
7. providing harmful software;
8. engaging in spamming or any activity resembling unfair competition or market manipulation;
9. performing reverse engineering processes, decompilation, deassembling, decrypting, dismantling, translating, deconstructing, adapting, or using other methods to discover source code or interfere with the System or the online payment system in any other way;
10. disrupting, blocking, overloading, interrupting, slowing down, or hindering the normal operation of all or part of the System;
11. posting links to websites or files containing content described in the previous points.

1. The User is responsible for the content they post in the System. In case the User posts content that is illegal or in violation of these Terms and Conditions, the Service Provider is entitled to remove such content and to suspend or delete the User’s Account.
2. It is prohibited to conduct any penetration testing, security testing, attempts to break security, or hacking activities with respect to the System.
3. If the User violates any provision of the Terms and Conditions or applicable law, the Service Provider may take all legally permissible actions, including limiting the User’s ability to use the System and the Services provided through it.
4. The User is required to promptly notify the Service Provider of any irregularities in the operation of the System, particularly those that may indicate unauthorized access to the System by third parties.
5. The User consents to the measurement of their activity level in the System.

6. [Liability]

1. The Service Provider shall not be liable for:

1. non-functioning or malfunctioning of the System on the User’s Device that does not meet the technical requirements specified by the Service Provider;
2. consequences resulting from the unauthorized acquisition of the User’s access data (including login and password) by a third party, if the acquisition was caused by factors outside the Service Provider’s control;
3. actions taken by the User or the consequences of omissions 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 electronic communication network used by the User.

7. [Reporting System Errors]

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

1. Identification of the reporter, including identifying information and contact details of the User;
2. Identification of the System functionality to which the report relates and a thorough description of the irregularity;
3. Photos, recordings, or screenshots illustrating the problems occurring in the System to which the report relates.

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

8. [Termination of Use of the System, Suspension of User’s Access to the System]

1. The User may terminate their use of the System at any time by self-deleting their Account or requesting the Service Provider to do so.
2. The User may suspend their Account for up to 5 (five) days. After this period, 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 (and also delete the User’s Account) with immediate effect if:

1. The User violates the provisions of the Terms and Conditions or applicable law;
2. The User provided false or inaccurate information when creating their Account or during the use of the System (including in connection with completing tests referred to in §3 sec. 2 of these Terms and Conditions), which may affect the proper functioning of the System or the correct provision of services by the Service Provider;
3. The User has ended their cooperation with the Employer (regardless of the legal or factual basis for the termination of the cooperation);
4. The Agreement between the Employer and the Service Provider has been terminated, rescinded, expired, or a declaration of withdrawal from the Agreement has been 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 notice or warning to the User.
2. The Service Provider has the right to suspend the provision of the Service to access the System in whole or in part or delete the User’s Account if such a request is made by the Employer or authorized authorities.

9. [Personal Data Protection]

1. The Service Provider attaches particular importance to respecting the privacy of Users and carefully selects and implements appropriate technical and organizational measures to ensure the adequate protection of processed data. In particular, the Service Provider secures data against being disclosed to unauthorized persons and against being processed in violation of applicable laws. The Service Provider continuously monitors the data processing process and limits access to the data as much as possible, granting appropriate authorizations to process data only when necessary for the proper operation and use of the System.
2. If there are any changes or updates to the data contained in the User’s Account (or any other data provided in connection with the use of the System), the User is required to promptly correct the data and notify the Service Provider.
3. Detailed information regarding the protection of Users’ personal data by the Service Provider can be found in the separate privacy policy available at: Privacy Policy

10. [Effectiveness and Modification of the Terms and Conditions]

1. The Service Provider has the right to make changes to the Terms and Conditions. In the event of a change to the Terms and Conditions, the delivery of the modified Terms to the User will take place through posting in the System or on the Service Provider’s relevant websites or by sending them to the email address provided in the System.
2. The provisions of the modified Terms and Conditions shall 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 rights and obligations arising from the Terms and Conditions shall be governed by Polish law.
2. The references to paragraphs (§), subsections (ust), and points (pkt) in the Terms and Conditions mean the relevant editorial units of the Terms and Conditions.
3. The Terms and Conditions come into force on 01.03.2025.