1.1 Subject of the following General Terms and Conditions (hereinafter "GTC") is the usage of the software platform https://acosbot.com (hereinafter "website") operated by the company Acosbot Sp. z o.o. Manganowa 4/18, 53-441 Wrocław, Poland (hereinafter "Acosbot"), by customers via internet connection. To use the website an internet connection and internet browser are required. These are not provided by Acosbot, but must be downloaded and installed by the customer (currently only: Firefox, Google Chrome, Safari).
1.2 The services provided by Acosbot are addressed to business customers (B2B).
2.1 The services provided by Acosbot result from the product description on the website Acosbot and include tools providing optimization capabilities of advertising campaigns.
2.2 Acosbot is entitled to change and adapt the content of the services including the provided software platform, in order to keep Acosbot up to date with the latest technology.
2.3 Acosbot reserves the right to use third parties for the performance of its services without restriction and at any time.
2.4 The right to use Acosbot exists only within the current technological framework. Acosbot temporarily restricts its services if this is necessary due to capacity limits, the security or integrity of the servers or for carrying out technical checks, and this serves the proper or improved provision of services. In these cases, Acosbot considers the legitimate interests of the customer, such as: e. g. by prior information.
2.5 In order to rectify and eliminate errors and faults, the customer authorizes access to application data upon conclusion of the contract. The access by the Acosbot is only taken as far as this is necessary for fault checking and error removal.
3.1 User-independent fees are payable in advance for the duration of the contract, unless a shorter billing period has been agreed upon. Payments of the customer are made either by credit card or bank transfer.
3.2 Acosbot provides an electronic invoice for each payment transaction in the customer service area.
3.3 Acosbot can change the prices at the beginning of the next contract period with an appropriate notice period of at least one month. If the customer does not object to the change within a reasonable period set by Acosbot, the change is considered as accepted. Acosbot points out to the customer in the change announcement that the change will become effective if he does not object.
3.4 If the customer is in default of payment, Acosbot can block his services.
4.1 Acosbot reserves the right to restrict the use of the Acosbot platform, block the customer account and delete the customer's content if the customer violates the rights of third parties, these terms and conditions, legal regulations or other important interests of Acosbot. Acosbot considers the legitimate interests of the customer when choosing the measure.
4.2 The right of the contracting parties to terminate the contract for good cause without notice remains unaffected. Good cause shall be deemed to exist if one party to the contract grossly violates the obligations expressly regulated in this contract, and in particular if insolvency proceedings are opened over the assets of the other party to the contract or if the other party to the contract becomes insolvent.
5.1 Customer undertakes not to process or distribute any criminal content, to infringe the rights of third parties or to violate these GTC within the scope of use.
5.2 The customer is not allowed to use mechanisms, scripts, software solutions or other measures in connection with the use of Acosbot software which could disturb or excessively burden the functioning of the website.
5.3 The customer is responsible for all activities carried out using his user account. In case of customer's account abuse, if there is no violation of the existing duties of care, the customer is not liable.
6.1 The customer exempts Acosbot from all claims which third parties assert against Acosbot through illegal use of Acosbot by the customer. The customer takes over the costs of the necessary legal defense of Acosbot including all court and lawyer costs in the legal amount. This shall not apply if the customer is not responsible for the infringement. The customer is obliged to provide Acosbot immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in case of a claim by third parties.
7.1 Acosbot is only liable without limitation for intent and gross negligence of its legal representatives and executives. For the fault of other vicarious agents, liability shall be limited to such damages that are typically to be expected.
7.2 Acosbot is only liable for slight negligence if a duty is violated, the observance of which is of importance for the achievement of the purpose of the contract. In case of violation of a cardinal obligation, the limitation of liability according to paragraph 1 of this liability regulation shall be applied accordingly.
7.3 Acosbot does not guarantee that the website have online availability of 100%. Server problems may occur which temporarily restrict access to the webiste. Acosbot is not liable for any damage that may occur because of unavailability.
7.4 The customer is aware that the access to his data stored with third parties as well as the data exchange with third parties is carried out via a software interface provided by third parties, on which Acosbot cannot have any influence. Disconnection of the Acosbot from this software interface or faulty data transmissions, which are due to interface problems, therefore do not represent a culpable breach of duty of Acosbot; Acosbot is therefore not liable for any resulting damages for the customer.
8.1 Acosbot is entitled to change these GTC at any time and without giving reasons. The changed conditions will be communicated to the customer immediately before the change. If the customer does not object to this change in writing within a period of two weeks after receipt of the notice of change, the change shall be deemed to have been accepted.
8.2 If the customer objects to changes to these GTC, both parties have the right to terminate this contract properly. The old conditions shall continue to apply until the termination is effective.
9.1 All declarations sent within the scope of the contractual relationship must be made in writing or by e-mail.
9.2 The parties agree to apply the laws of the Republic of Poland to all legal relations arising from this contractual relationship, to the exclusion of the UN Sales Law.
9.3 The registered office of Acosbot shall be agreed as the place of jurisdiction for all disputes arising in the course of the settlement of this contractual relationship.
10.1 In 2016, the European Commission launched an Internet platform for online dispute resolution (so-called "Dispute Resolution"). The ODR platform is intended to serve as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts.
10.2 The ODR platform will be accessible via the following link: http://ec.europa.eu/consumers/odr
10.3 Acosbot is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.