Thank you for using AITracker! These terms of service ("Terms") govern your use of and access to our services ("Services"), client software, and websites ("Platform") (collectively, the "AITracker Services"). The AITracker Services are offered to you conditioned on your acceptance, without modification (other than the Special Terms (as defined below) agreed to by the parties pursuant to these Terms of Service), of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy located at https://pl.aisp.pl/wsp%C3%B3%C5%82praca/polityka-prywatno%C5%9Bci), Guidelines (as defined below), and any future modifications thereto, and procedures that may be published from time to time on the Platform or made available to you on or through the AITracker Services (collectively, "Terms"). Upon your acceptance (as defined below), these Terms constitute a legally binding agreement between you and AISP sp. z o.o. ("AISP," as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity. PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE AITRACKER SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS, BROWS, OR OTHERWISE USE THE AITRACKER PLATFORM OR SERVICES. AISP may, in its sole discretion, suspend or terminate access to or use of the AITracker Services by anyone who violates these Terms. If you register for a free trial of the AITracker Services, the applicable provisions of these Terms will apply to that free trial.

The original language of these Terms is Polish. AISP may provide translations for convenience. In the event of a conflict between the original Polish version and any translation, the Polish version will prevail.

    1. Definitions

Account - the primary means of accessing and using the AITracker Services, subject to the fee specified in the selected Plan.

Activity - video uploading, video processing, data queries, data analysis, reporting, and data exporting, which may be associated with the Account.

Authorization - a set of rights and privileges on the Website assigned to the User by the Client.

Client - a natural or legal person who has accepted these Terms with AISP sp. z o.o. Client Data - Files and any other digital data and information that is the subject of the AITracker Services or otherwise entered into the System by the Client (including video files, profile information, billing information associated with the Client);

Content - all data and information available via the AITracker Services or contained in the structure of the System, photos, images, audiovisual works, other information materials and any comments.

Fee - payment for AITracker Services associated with the Account. Files - video files or other data files entered into the System by the Client.

Free video hours – free video hours made available to the Client by AISP sp. z o.o. without the need to pay a Fee.

Guidelines - additional guidelines or rules applicable to specific features, applications, products, or services that may be published on the Platform from time to time or otherwise made available on or through the AITracker Services.

AISP - AISP sp. z o.o., a limited liability company established under Polish law, with its principal place of business at ul. Stanisław Konarskiego 18C, 44-100 Gliwice, Poland, registered in the National Court Register under KRS number 0001083846, Tax Identification Number (NIP) 6312719187, www.aisp.pl.

AITracker Materials – visual interfaces, graphics, design, systems, methods, information, computer code, software, services, "look and feel," organization, compilation of content, code, data, and all other elements of the AITracker Services.

AITracker Services – Website, Computer Program, System, Content, Platform, and all content, services, and/or products available on or through the Platform.

Pipeline – the process of extracting data from a video file or otherwise processing Files on the Platform, which consists of several stages.

Plan - a plan for using the Platform. Various criteria related to the use and functionality of the AITracker Services, based on which the Fee is calculated.

Platform - the AITracker program and cloud computing service.

Reseller - a third-party entity that (i) purchases AITracker Services from AISP sp. z o.o. and resells such AITracker Services to Customers, (ii) bills such Customers directly, and (iii) provides customer service to such Customers.

Special Terms - all details, specifications, and conditions under which the parties have agreed to derogate from these Terms.

Stage - the file processing status at a specific point in time.

System - the integrated cloud computing solution for providing the AITracker Services, including applications, software, hardware, databases, interfaces, related media, documentation, updates, new versions, and other components or materials related thereto.

User - the natural person authorized to use the Account on behalf of the Client.

Website - a compilation of all internet documents (including images, source code files) made available via www.aisp.pl or its subdomains or domains with identical names in other main domains and owned by AISP sp. z o.o.

    2. Authorization to enter into these Terms with AISP

          Use of the AITracker Service is subject to acceptance of these Terms. To accept these Terms for themselves or on behalf of the Client, an individual must have legal capacity to do so. In the case of a legal entity, the entity must be duly registered and in good standing. Acceptance of the Terms is deemed to occur as soon as one of the following occurs first:

• the individual has received confirmation from AISP sp. z o.o. of the creation of an Account and the necessary credentials to log in to their Account; or

• in the case of those AITracker Services and portions of the Website whose use is not dependent on the creation of an Account, upon accessing such services.

You may not, without AISP sp. z o.o.'s prior written consent, access the AITracker Services (i) for production purposes, (ii) if you are a competitor of AISP sp. z o.o., (iii) to monitor the availability, performance, or functionality of the AITracker Services, or (iv) for other benchmarking or competitive purposes. You agree not to misuse the AITracker Services or assist others in doing so. For example, you may not attempt to do any of the following in connection with the Services:

    • Probe, scan, or test the vulnerability of any system or network. • Breach or otherwise circumvent any security or authentication measures. 

    • Access, tamper with, or use non-public areas or portions of the Services or shared areas of the Services to which you have not been invited. 

    • Interfere with or disrupt the operation of any user, host, or network, for example, by sending a virus, overloading, flooding, spamming, or mail-bombing any portion of the Services.

    • Accessing, searching, or creating accounts on the Services through any means other than our publicly supported interfaces (for example, "scraping" or mass account creation).

    • Sending unsolicited messages, promotions, advertisements, or spam.

    • Sending altered, misleading, or false source-identifying information, including "spoofing" or "phishing."

    • Promoting or advertising products or services other than your own without proper authorization.

    • Abusing referrals or promotions to obtain free credits or access to AITracker services without paying fees, such as more video storage than you deserve.

   • Bypass storage limits.

   • Sell the Services unless expressly authorized to do so.

   • Post or share material that is unlawfully pornographic or obscene, or that contains extreme acts of violence or terrorist activity, including terror propaganda.

    • Advocating bigotry or hatred against any individual or group of individuals based on race, religion, ethnicity, gender, gender identity, sexual orientation, disability, or impairment.

   • Harassing or abusing AISP sp. z o.o. personnel, representatives, or agents providing services on behalf of AISP sp. z o.o.

   • violate any law in any way, including storing, publishing, or making available material that is fraudulent, defamatory, or misleading; or

   • violate the privacy or rights of others.

Once accepted, these Terms will remain in effect until terminated in accordance with the provisions herein.

    3. Modifications to terms and conditions

        ◦ AISP reserves the right, in its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or AISP Services. Please check these Terms periodically for changes. Your continued use of the AISP Services after the posting of any such changes as described above constitutes your binding acceptance of such changes. Such revised Terms will automatically take effect upon (i) your continued use of the AISP Services or (ii) 30 days after the posting of such revised Terms on or through the Platform, whichever comes first. Notwithstanding the foregoing, the Terms in effect at the time such dispute arose will govern the resolution of any dispute arising between you and AISP.

    4. Our obligations

        ◦ AISP reserves the right, in its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or AISP Services. Please check these Terms periodically for changes. Your continued use of the AISP Services after the posting of any such changes as described above constitutes your binding acceptance of such changes. Such revised Terms will automatically take effect upon (i) your continued use of the AISP Services or (ii) 30 days after the posting of such revised Terms on or through the Platform, whichever comes first. Notwithstanding the foregoing, the Terms in effect at the time such dispute arose will govern the resolution of any dispute arising between you and AISP.

        ◦ Customer Data Protection. AISP will maintain administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Customer Data, as described in the Guidelines. These safeguards will include, but will not be limited to, measures that prevent access, use, modification, or disclosure of Customer Data by AISP personnel, except (a) to provide the AISP Services and prevent or address service or technical issues, (b) as required by law in accordance with Section 7.4 (Mandatory Disclosure) below, or (c) as expressly permitted by Customer or User in writing. Services may be provided using equipment or facilities located worldwide.

        ◦ By agreeing to these Terms, the Client grants AISP a general authorization within the meaning of Article 28(2) of Regulation (EU) 2016/679 to engage processors to provide the AISP Services. AISP will inform the Client of changes to such processors in accordance with the procedure for amending these Terms set out in Section 3 of these Terms.

        ◦List of processors:

             ▪ Firebase Services on Google Cloud Platform - hosting, file storage, and backup services   (certificate)

   5. Using AISP services

        ◦Creating an Account. Certain features, functions, parts, or components of the AISP Services may only be used or accessed by account holders. A person who wishes to create an Account must:

            ▪ Complete the registration form in the AITracker computer program or an alternative process provided by the reseller if you purchased access to the AISP Services from a reseller; and

            ▪ Accept these Terms by clicking the "Register" button or other similar button.

        ◦ If multiple individuals need to be associated with a single Customer Account, Customer must designate those individuals as Users. Each such User is subject to the restrictions set forth in these Terms.

        ◦ If Customer has designated Users and granted them Authorization, such Users will be deemed authorized to act on Customer's behalf when using the Account. AISP is not responsible for verifying the validity of any User's Authorization. However, AISP may, at its discretion, request additional information or proof of an individual's authority. If AISP is unsure whether a User has received Authorization, AISP may, at its discretion, terminate such User's access to the AISP Services.

        ◦ A User may be associated with multiple Clients and Accounts. Deleting a User from one Account will not delete the User from the Platform if the User is associated with multiple Accounts.

        ◦ Customer and each User associated with the Account must provide AISP with true, accurate, current and complete information about Customer, Users or the Account and keep it current.

        ◦ Logging into Your Account. AISP will provide Customer with a username and password ("Login Credentials") to be used to log into your Account, unless Customer is using single sign-on or another login service. These Login Credentials may not be used by multiple individuals. If Customer has designated multiple Users, each User will receive separate Login Credentials. Customer and each User are responsible for maintaining the confidentiality of all Login Credentials associated with your Account. Customer must promptly notify AISP:

            ▪ disclosure, loss, or unauthorized use of any Login Details;

            ▪ departure of the User from the Customer's organization;

            ▪ change of the User's role within the Customer's organization;

            ▪ any termination of the User's rights for any reason.

        ◦ Account Deletion. Customer may terminate these Terms at any time in accordance with Section 17. AISP will permanently delete Customer's Account and Data within six months of the effective date of termination.

       ◦ AISP reserves the right to suspend or terminate your access to the Services upon 

notice to you if:

            ▪ The User violates these Terms,

           ▪ The User's use of the Services would create a real risk of harm or loss to the AISP or other users, or

            ▪ The User does not use any paid Services and has not used the AISP Services for 12 consecutive months.

        ◦ AISP will provide you with reasonable notice via the email address associated with your Account to correct the activity that prompted AISP to contact you and to provide you with an opportunity to export your Customer Data from the AISP Services. If, after such notice, you fail to take the steps requested by AISP, AISP will terminate or suspend your access to the Services.

        ◦ AISP will not provide notice prior to termination of the contract:

            ▪ You materially violate these Terms,

            ▪ Doing so would create legal liability for AISP or jeopardize our ability to provide Services to other AISP Users, or

           ▪ AISP is prohibited by law from taking such action.

        ◦ Use of an Account is subject to a Fee. Upon registration of an Account, the customer is subject to fees. Fees for AISP Services consist of a Fee for video hours processed.

            ▪ The applicable Fee for processed video hours is charged after processing has reached 90% of the available hours or within a period of no more than 6 months from the time of processing. 

         ◦ All Fees are non-refundable, meaning they are not refundable or creditable if Customer deactivates their Account or terminates these Terms during the current payment period. 

         ◦ All Fees are exclusive of any taxes, fees, or duties applicable under applicable law, unless otherwise specified herein. Customer is solely responsible for payment of such taxes, fees, or duties.

        ◦ AISP may suspend or terminate the Services if Fees are past due. AISP may delete all User Accounts and Customer Data in the Account, including Customer Data on Google Cloud Platform, within a commercially reasonable time after receiving AISP's request before terminating the Services if Customer is more than 30 days delinquent.

       ◦ Free Video Hours. If Customer uses all Free Video Hours, subsequent processed video hours will be subject to a Fee.

    6. Payment

        ◦ The following provisions apply only if you purchase access to the AISP Services directly from the AISP. If you purchase access to the AISP Services through a reseller, the payment terms are set forth in your agreement with the reseller.

        ◦ Credit Card Authorization. AISP may pre-authorize Customer's credit card account prior to purchasing AISP Services to verify that the credit card is valid and has sufficient funds or credit available to cover the purchase. You authorize such credit card account to pay all amounts described herein and authorize AISP to charge such credit card account for all amounts described in these Terms. You agree to provide AISP with updated credit card account information upon AISP's request and whenever previously provided information becomes invalid.

        ◦ Electronic Invoice. After each purchase, the Customer will receive an electronic invoice. Unless the AISP has requested credit card pre-authorization, the Customer will be issued an electronic invoice before the end of each payment period to pay the Fee for the next payment period. The Customer must pay the invoice by the due date indicated on the invoice.

   7. Customer data

        ◦ Uploading Customer Data to the Platform. If Customer uploads Customer Data to the Platform, such Customer Data and any processing of such Customer Data must comply with these Terms and applicable law. All rights, title, and interest in and to Customer Data belong to Customer or third parties, whether published and/or uploaded by Customer or made available on or through the AISP Services by AISP. By uploading Customer Data to the Platform, Customer authorizes AISP to process Customer Data. Customer is responsible for ensuring that:

            ▪ Customer and each User associated with the Account shall not create, transmit, display or otherwise make available any Customer Data that violates the terms of these Terms, the rights of AISP, other Customers or Users, persons or organizations, or is harmful (for example, viruses, worms, malware and other destructive code), offensive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, libelous, hateful or otherwise unlawful; and

            ▪ The Customer and all Users associated with the Account have the necessary rights to use the Customer Data, including posting it on the Platform and processing it through the Account.

        ◦ The Customer and all Users associated with the Account have the necessary rights to use the Customer Data, including posting it on the Platform and processing it through the Account.

        ◦ Unlawful Customer Data. AISP is not obligated to pre-screen, monitor, or filter any Customer Data or Customer Processing Activity for unlawful purposes. However, if such unlawful Customer Data or processing activity is discovered or reported to AISP, or if there is reason to believe that certain Customer Data is unlawful, AISP has the right to:

           ▪ notify the Customer of such unlawful Customer Data;

           ▪ refuse to publish it on the Website or place it in the System;

           ▪ require the Customer to bring the unlawful Customer Data into compliance with these Terms and applicable law;

            ▪ temporarily or permanently remove unlawful Customer Data from the Website or Account, restrict access to it or delete it.

        ◦ If AISP provides convincing evidence that the Customer Data is not unlawful, AISP may, in its sole discretion, restore such Customer Data that has been removed from the Website or Account or to which access has been restricted.

        ◦ In addition, if AISP, in its sole discretion, believes that Customer Data violates any applicable law, rule or regulation or these Terms, AISP may (but has no obligation) to delete such Customer Data at any time with or without notice.

        ◦ AISP, as a data processor in the EU, will assist the Client as a data controller in fulfilling the Client’s obligations under Regulation (EU) 2016/679 by providing access to data subjects and enabling data subjects to exercise their rights under Regulation (EU) 2016/679.

        ◦ Compelled Disclosure. AISP may disclose Customer's confidential information to the extent required by law. In such a case, AISP will use commercially reasonable efforts to notify Customer in advance of the compelled disclosure (to the extent permitted by law), and Customer will provide reasonable assistance, at Customer's expense, if Customer wishes to contest the disclosure. If AISP is compelled by law to disclose Customer's confidential information as part of a civil proceeding to which AISP is a party and Customer does not contest the disclosure, Customer will reimburse AISP for its reasonable costs of compiling and providing secure access to that confidential information.

  8. Services

        ◦ Use of AISP Services. Subject to these Terms and payment of the applicable Service Fee, AISP grants Customer and its authorized users a non-exclusive, non-transferable, non-sublicensable license to use the AISP Services to:

            ▪ collecting, storing, and organizing customer data, such as adding new files, creating pipelines, visualizing data extracted from files, querying and filtering data extracted from files, generating reports based on customer data, exporting customer data;

            ▪ add new users and grant them permissions;

            ▪ modify and delete customer data;

            ▪ receive reasonable assistance and guidance from the AISP regarding the use of the AISP Services.

        ◦ Technical Support. AISP will provide reasonable technical support to the Customer and its authorized Users upon Customer's reasonable request. AISP will respond to Customer support inquiries using the contacts specified below as quickly as possible. Inquiries from Customers and Users who have accepted these Terms but do not have an Account or are using the AISP Service as part of a free trial may be less effective or may not be responded to at all.

        ◦ The contact for all support inquiries is: kontakt@aisp.pl

        ◦ Notwithstanding the foregoing, if you purchased access to the AISP Services from a reseller, first-line technical support will be provided by the reseller, not the AISP.

        ◦ Modifications to the Services. AISP reserves the right to modify the AISP Services or any part or element thereof from time to time without prior notice, including, without limitation:

            ▪ rebranding the AISP Services at its sole discretion;

            ▪ discontinuing the provision or development of any specific AISP Service or any part or element of the Platform, temporarily or permanently;

            ▪ taking any action necessary to protect the AISP's rights in the event of use of the AISP Services that may be construed as an infringement of the AISP's intellectual property rights, the dissemination of internet viruses, worms, Trojan horses, malware, or other destructive or illegal activities.

        ◦ Where applicable, Customer may be notified of such modifications when logging into their Account. Modifications, including changes to the applicable rates for AISP Services, will become effective thirty (30) days prior to the effective date of such modification.

        ◦ If Customer does not accept any modifications, Customer shall notify AISP or Reseller (if Customer purchased access to AISP Services from a Reseller) before the effective date of the modification, and these Terms will terminate on the effective date of the modification. Customer's continued use of the AISP Services, or any part or element thereof, after the effective date of the modification constitutes Customer's consent to the modifications. AISP shall not be liable to Customer or any third party for any modification, suspension, or discontinuance of the AISP Services, or any part or element thereof.

    9. Data processing 

        ◦ GDPR provisions (https://pl.aisp.pl/wsp%C3%B3%C5%82praca/polityka-prywatno%C5%9Bci ) are hereby incorporated into these Terms of Service by reference. The GDPR governs how we will process personal data on your behalf in connection with the Services provided to you under these Terms of Service.

    10. Limitations

        ◦ Prohibited Activities. Customer and its authorized Users may use the AISP Services and any part or element thereof only to the extent, by any means, and for any purpose specified in these Terms and applicable law. For example, neither Customer nor any User may:

            ▪ use the AISP Services or any part or element thereof to commit a criminal offense, violate any applicable law, or incite or encourage others to engage in such illegal activities;

            ▪ copy, reproduce, distribute, modify, adapt, hack, create derivative works of, reverse engineer, or decompile the AISP Services or any part or element thereof, or attempt to extract the source code thereof, except (i) as expressly permitted by applicable law and (ii) to the extent AISP is not authorized by such applicable law to exclude or limit the foregoing rights;

           ▪ use the AISP Services or any part or element thereof, unless you have agreed to these Terms. 

          ▪ Certain uses require AISP consent. Neither the Client nor any User may, without AISP's prior express written consent (email, fax, Skype, etc.):

           ▪ sell, resell, lease, license, sublicense, distribute, provide, disclose, exploit or otherwise provide access to or make available the AISP Services, in whole or in part, to any third party unless such third party is another authorized User of the same Customer;

           ▪ use the AISP Services or any part or element thereof to the extent, by any means, or for any purpose other than that for which their functionality was designed; 

           ▪ use the AISP Services or any part or element thereof using programs that send automated queries or requests, unless such a program is provided by the AISP;

   11. Privacy

        ◦ AISP bardzo poważnie traktuje prywatność swoich Klientów i Użytkowników. Polityka prywatności AISP pAISP takes the privacy of its customers and users very seriously. AISP's privacy policy can be found at https://pl.aisp.pl/wsp%C3%B3%C5%82praca/polityka-prywatno%C5%9Bci is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs AISP's collection, use, and disclosure of Customer or User personal information.

   12. Intellectual Property Rights

        ◦ AISP Intellectual Property Rights in the AISP Services. The AISP Services, the AISP Materials, the AISP trade names and trademarks, and any parts or elements thereof are owned and operated exclusively by AISP and its third-party providers and hosting partners. The AISP Materials are protected by copyright, trademark, patent, trade secret and trademark laws, international conventions and treaties, and all other applicable intellectual property and proprietary rights. AISP, its affiliates, and licensors retain all right, title, and interest in and to such AISP Services, the AISP Materials, the AISP trade names and trademarks, and any parts or elements thereof. Your use of the AISP Services and the AISP Materials, or any parts or elements thereof, does not grant you any ownership or intellectual property rights therein. Any commercial or promotional distribution, publication, or exploitation of the AISP Materials is strictly prohibited unless you have received the express prior written consent of AISP or other applicable rights holder. AISP reserves all rights in and to the AISP Services, the AISP Materials, and AISP's trade names and trademarks not expressly granted in the Terms.

        ◦ AISP-Owned Content. Subject to these Terms and payment of the applicable Service Fee, AISP grants Customer and its authorized users a non-exclusive, non-transferable, non-sublicensable license to use the AISP Services. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted materials from or through the Platform or AISP Services. You may not copy, distribute, or publish any Content or any information obtained or derived therefrom, except as permitted on or through the AISP Services or as otherwise permitted by applicable law.

        ◦ Customer Data. AISP may use Customer Data in an aggregated or anonymized format for research, training, educational, and other similar purposes. AISP may not otherwise use or display Customer Data without the User's written consent. AISP respects the User's exclusive ownership of Customer Data. Unless the User expressly consents, use of the AISP Services does not grant AISP a license to use, reproduce, adapt, modify, publish, or distribute Customer Data created by the User or stored in the User's Account for commercial, marketing, or other similar purposes of AISP. Customer expressly grants AISP the right to use and analyze aggregated system activity data related to the use of the AISP Services by Customer and its Users to optimize, improve, or enhance the operation of the AISP Services and to develop new features and functionality in connection with the AISP Services, at AISP's sole discretion. Customer is solely responsible for its own Customer Data and the consequences of posting or publishing it on or through the AISP Services. In connection with Customer Data, Customer confirms, represents, and warrants that: (i) Customer owns its Customer Data or has the necessary licenses, rights, consents, and permissions to use and authorize AISP to display or otherwise exploit the Customer Data under all patent, trademark, copyright, trade secret, or other proprietary rights in and to its Customer Data in a manner consistent with the intended functions of the AISP Services and these Terms, and to grant the rights and licenses set forth in Section 11.3(a), and (ii) the Customer Data, AISP's or any AISP Licensee's use of such Customer Data pursuant to these Terms, and AISP's or any AISP Licensee's exercise of the license rights set forth in Section 11.3(a), do not and will not (a) infringe, violate, or misappropriate any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or other intellectual property or proprietary rights; (b) violate any applicable law or regulation anywhere in the world; or (c) require any license from, or payment of any fees and/or royalties by, AISP to any third party for the performance of any AISP Services that Customer elects to have AISP perform or for the exercise of any rights granted in these Terms, unless Customer and AISP agree otherwise.

        ◦ If Customer or User provides AISP with any comments, error reports, feedback, or modifications to the AISP Services ("Feedback"), AISP shall have the right to use such Feedback in its sole discretion, including, without limitation, incorporating such suggested changes into the AISP Services. Customer or User (as applicable) hereby grants AISP a perpetual, irrevocable, non-exclusive, royalty-free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit, and use the Feedback for any purpose.

   13. Third-Party Sites, Products, and Services

        ◦ AISP Services may contain links to other websites or services ("Linked Sites") solely for the convenience of Customers. Unless otherwise expressly and specifically indicated, AISP does not endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites. Furthermore, AISP makes no express or implied warranties with respect to the information, materials, products, or services contained on or accessible through Linked Sites. ACCESS TO AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH LINKED SITES, IS AT YOUR SOLE RISK. Any content identified as community content is provided by third parties and is not developed or maintained by AISP. By using any community-provided code or library in software development, you acknowledge and agree that AISP is not responsible for the performance or damage caused by such community-provided code or library.

  14. Disclaimers; No Warranty

        ◦ UNLESS AISP EXPRESSLY PROVIDES OTHERWISE, THE AISP SERVICES, THE AISP MATERIALS, AND ANY CONTENT, SERVICES OR FUNCTIONS MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE AISP SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AISP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY AND RELIABILITY. UNLESS AISP EXPRESSLY PROVIDES OTHERWISE, AISP AND ITS AFFILIATES DO NOT WARRANT THAT THE AISP SERVICES AND ANY CONTENT, CUSTOMER DATA, SERVICES OR FUNCTIONS MADE AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THAT THE AISP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AISP SERVICES AND ANY CONTENT, CUSTOMER DATA, SERVICES OR FUNCTIONS MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE AISP SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNLESS AISP EXPRESSLY OTHERWISE AGREE, AISP AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, AISP SERVICES, AISP MATERIALS, OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

   15. Compensation

        ◦ You agree to defend, indemnify, and hold harmless AISP and its affiliates, and their respective directors, officers, employees, and agents, from and against any and all claims, losses, damages, liabilities, and expenses, including attorneys' fees, arising from your use or misuse of the AISP Services, the AISP Materials, your statements made to AISP, its affiliates, and/or third parties, your violation of these Terms, your violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. AISP reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AISP, and you agree to cooperate with such defense of these claims.

    16. Limitation of Liability

        ◦ No Liability: AISP shall not be liable to the Client or User for any consequences arising from:

            ▪ any changes to these Terms, the calculation and rates of Fees, the AISP Services, the AISP Materials, or any part or element thereof (including, without limitation, the Account), including any errors, permanent or temporary interruption, discontinuance, suspension, or other unavailability of the AISP Services or the AISP Materials;

            ▪ deletion, corruption, or failure to store any Customer Data;

            ▪ use of Customer Data by the Customer or any User associated with the Account;

            ▪ any disclosure, loss, or unauthorized use of the Customer's or any authorized User's login credentials due to the Customer's failure to maintain their confidentiality; 

             ▪ the Customer's use of the AISP Account or Services using browsers other than those accepted or supported by the AISP, or using a program other than AITracker;

            ▪ AISP's enforcement of any remedies against the Customer or authorized Users, for example, if the Customer or User has committed a crime or violated applicable law by using the AISP Services or any part or element thereof; 

           ▪ differences in the technologies and platforms used for access, for example, if certain features, functions, parts, or elements of the AISP Services are designed for use on a personal computer or laptop and do not work on a mobile platform or tablet;

            ▪ AISP's exercise of the remedies described in these Terms, even if the reasonable grounds or legal basis for exercising those remedies are later found to be unfounded or invalid.

        ◦ Furthermore, AISP and its affiliates shall not be liable to the Customer for any claims by the User, person, organization or third party against the Customer arising from the Customer's failure to comply with the following obligations:

           ▪ provide AISP with accurate information about the Customer, Users, or Account;

           ▪ notify AISP of any reason why a User is not authorized to use the Account on behalf of the Customer; 

           ▪ fail to deliver any Products that it has agreed to deliver to such person or Organization (whether such failure is due to AISP's negligence, breach of these Terms, or otherwise);

            ▪ ensure the legality of the Customer Data;

            ▪ obtain the necessary rights to use the Customer Data; or

            ▪ comply with any restrictions described in these Terms.

        ◦ Limitation of Liability. IN NO EVENT SHALL AISP AND ITS AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT FOR THE AISP SERVICES GIVING RISE TO LIABILITY DURING THE SIX MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATION WILL APPLY WHETHER THE ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS PURSUANT TO THE "PAYMENT" SECTION ABOVE.

        ◦ Exclusion of consequential and related damages. IN NO EVENT WILL ANY PARTY OR ITS AFFILIATES BE LIABLE ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUE, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ABOUT THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY OF THE SITE OR ITS AFFILIATES OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  17. Termination of these Terms

        ◦ For convenience. These Terms may be terminated for convenience upon written notice to the other party as indicated in the "Notice" section below:

            ▪ by the AISP upon the decision to terminate the provision of the AISP Services and close the Platform; or 

           ▪ immediately by either party, in the event of the initiation of liquidation or bankruptcy proceedings against the other party, or the conclusion of a negotiated settlement with the other party's creditors, or an assignment on behalf of the other party for the benefit of its creditors.

        ◦ Failure to Comply. These Terms may be terminated for breach upon written notice to the other party as indicated in the "Notice" section below:

            ▪ by either party in the event of a breach of these Terms by the other party if the breach is not cured within 30 days of receipt of notice from the non-breaching party; or

            ▪ immediately by either party if the other party breaches its obligations, as applicable, under paragraphs 12 [Intellectual Property Rights] and 15 [Indemnification] of these Terms.

           ▪ Effect of termination. Upon termination of these Terms,

        ◦ AISP will deactivate and permanently delete the Account within six months of the effective date of termination of these Terms and Conditions. If the Customer has expressly requested earlier deletion of the Account, AISP will comply with such request within one month of receiving it.

        ◦ The customer must:

           ▪ cease using and prevent further use of the AISP Services, including, but not limited to, the Platform;

           ▪ pay all amounts due to AISP under these Terms; and

           ▪ fulfill all obligations incurred by Customer under these Terms prior to their termination; and

        ◦ The following provisions will survive any termination of these Terms: Sections 1, 7.4, 10, 11, 12, 14, 15, 16, 18 and 19.

        ◦ If AISP terminates these Terms due to an unresolved breach by a Customer or User, AISP is entitled to pursue the same or similar remedies against any other person who uses the AISP Services in violation of these Terms. Notwithstanding the foregoing, AISP may also pursue any other remedies available under applicable law. Upon exercise of any remedy, the Customer or User may lose access to or experience loss of certain features, functions, portions, or elements of the AISP Services.

        ◦ If AISP has reasonable grounds to believe that the use by the Customer or User of the AISP Services, including the Account, may cause harm to third parties, AISP has the right to take appropriate measures within its control to prevent, stop and eliminate the harm, where possible, in order to protect those third parties.

18. Who are you entering into a contract with?

        ◦ AISP with which the Customer concludes an AISP agreement:

           ▪ Name: AISP sp. z o.o.

           ▪ Email: kontakt@aisp.pl

           ▪ Postal address: ul. Stanisław Konarskiego 18C, 44-100 Gliwice, Poland

        ◦ Governing Law and Jurisdiction. In the event of a dispute, controversy, or claim arising out of or in connection with these Terms, including, but not limited to, their formation, validity, breach, or termination, the parties will attempt to resolve the matter amicably through mutual negotiations. If a mutually acceptable solution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including remedies at law, subject to the terms set forth below. Notwithstanding the foregoing, and subject to the terms set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. If the parties cannot reach an amicable resolution of the dispute, the dispute will be finally resolved in court or by arbitration, subject to the terms set forth below.

        ◦ These Terms (and any further rules, policies or guidelines incorporated herein by reference) shall be governed by and construed in accordance with the laws of Poland, without giving effect to any principles of conflicts of law.

        ◦We each agree that we will bring any disputes against the other in our individual capacity, and not as a plaintiff or class member in any purported class, representative, or association proceeding. We further agree that any disputes will be resolved solely on an individual basis and not in a class, consolidated, or representative action. The arbitrator has no authority to modify these provisions.

        ◦ If any part of this provision is held to be unenforceable, then the balance of this provision will remain in full force and effect and will be construed and enforced as if the part held to be unenforceable were not contained herein.

        ◦ Use of the AISP Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

        ◦ Notwithstanding the foregoing, you and AISP agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party's right to (i) pursue enforcement actions through appropriate federal, state, or local agencies, if such actions are available, (ii) seek injunctive relief in a court of law, or (iii) bring an action in a court of law to resolve intellectual property infringement claims.

   19. General provisions

        ◦ Relationship of the Parties. The Parties will act solely as independent contractors. These Terms will not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal relationship between Client and AISP, and Client makes no representation to the contrary, whether express, implied, apparent, or otherwise. These Terms are not intended to be used by any third party.

        ◦ If any term or provision of these Terms is held invalid, unenforceable, or unlawful, in whole or in part, for any reason, that provision will be enforced to the maximum extent permissible so as to effect the parties' intentions. The validity and enforceability of any remaining terms, provisions, or part thereof will not be affected.

        ◦ Entire Agreement. These Terms constitute the entire agreement between Customer and AISP concerning Customer's use of the AISP Services and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral, regarding their subject matter. Except as otherwise provided in these Terms, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom such modification, amendment, or waiver is sought.

        ◦ Customer may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without AISP's prior written consent. Any attempted assignment, transfer, or delegation without such prior written consent will be null and void. Notwithstanding the foregoing, Customer or its permitted subsequent assignees or assigns may assign or transfer these Terms or delegate any rights or obligations under these Terms without consent: (1) to any entity controlled by Customer or under common control with Customer or its permitted subsequent assignees or assigns; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of Customer or its permitted subsequent assignees or assigns.

        ◦ No Waiver. The failure of either Party to exercise or enforce any provision or any of its rights under these Terms will not be deemed a waiver of future enforcement of that or any other provision or right.

        ◦ Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after sending, or (c), except for notices of termination or claims for damages ("Legal Notices"), which will be clearly identifiable as Legal Notices, on the date they are sent by email. Billing notices will be addressed to the appropriate contact person you designate. All other notices will be addressed to the appropriate system administrator for the Services you designate.