Terms of Service

Don't hesitate to contact us, if you have any questions about those terms. We'll answer immediately via chat or email. We encourage you to contact us, if you would like to cooperate with us on terms other than those listed below. We're ready to talk about the special needs of our clients and we're ready to configure our services to meet your needs.

§ 1. Introduction

Cooperation with us and using our services is tantamount to concluding a Contract with us
(see provisions of § 3), under the conditions set out in this ToS. The contract is concluded electronically, upon the creation of an account on the User.com Website by performing the activities described in detail on this Website. Therefore, the terms 'Agreement', 'General Terms of Service', Terms of Service and ToS will be equivalent. Contact between us will take place via the details you provided, and our current ones will always be available on our website. "With us", that is: User.com Sp. z o.o., ul. Grzybowska 87, 00-844 Warsaw, NIP: 5272791969, REGON: 366211058, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register under the number KRS 0000654981, with share capital of 5,900 PLN, represented by Grzegorz Andrzej Warzecha - President of the Management Board, hereinafter referred to as the "Service Provider" or "User.com". For the purposes of this Agreement, you will be called a "Customer". Each of the parties will be referred to as the "the Party", and jointly "the Parties".

Read carefully these ToS, including documents contained under hyperlinks, as they are an integral part of ToS.

You can view the latest ToS version at any time. Therefore, be aware that we reserve the right to amend and change the ToS by posting updates and / or changes to our site. It is in your best interest, and at the same time a duty, to check regularly that no changes have been made. By using this website and continuous access to the site, you accept all changes.

By using our services, you confirm that you have reached the age of majority understood by the legal provisions of the given country or region. If your age gives you legal force, you can give permission to use the site to minors who are under your direct protection.

You must know that your safety is most important to us. The main principles that guide us in this regard are here.

§ 2. Definitions

  1. User.com Platform or Product / Service - Marketing Automation & Lead Management class solution. Product made available to the Licensee by User.com under the license in the SaaS model (software as a service).
  2. Subscription Plan - includes conditions regarding the Customer's rights to use the User.com platform
  3. Active User - a user visiting the page on which the User.com widget has been installed
  4. Contact - a user visiting a website or mobile application, uploaded to the system via a flat file created via the REST API or mobile SDK
  5. Failure - Inability to actively use all the functions of the application that should be available in accordance with Annex 1 in its current wording. There are several types of possible service failures:
    • no possibility to log into the application
    • lack of implementation of automation and campaigns
    • no communication with the database, does not accept new data (they are not collected by the widget, and communication at the REST API level returns errors)

§ 3. Subject of the contract and the Service Provider's statements

  1. This Agreement (hereinafter referred to as the "Agreement") includes the conditions for granting a paid non-exclusive license by User.com to the Customer to use the User.com platform (the platform maintenance service hereinafter referred to as the "Service") as part of and for the duration of the Plan specified in the agreement Subscription, including the function of collecting data about website visitors, along with the function of live chat, automation of marketing processes, substitution of content on the client's website, CRM module and all other modules placed on the Platform and covered by the Service and API access to all data "in time real. " This service is an electronic service within the meaning of the Act of 18 July 2002 on the provision of electronic services, and this ToS is the regulations for the provision of electronic services within the meaning of this Act.
  2. The Service Provider ensures that it is fully entitled to conclude the Agreement; the conclusion of the Agreement does not violate any rights of third parties that may affect its performance or require the consent of a third party; there are no agreements or arrangements concluded with third parties, of a private or public law nature, which could be relevant to the validity, effectiveness or enforceability of the Agreement and the Service Provider's obligations arising therefrom.
  3. The Service Provider ensures that it has tangible and intangible assets (including human resources, experience and know-how) necessary to perform the obligations arising from this Agreement. The Service Provider declares that the scope of its basic activity includes the provision of services related to programming and graphic design.
  4. The Service Provider ensures that the works that are the subject of the Agreement will be carried out by the Service Provider through the Service Provider's employees, for whose actions or omissions the Service Provider is responsible as for their own actions and omissions (by "Employees of the Service Provider" the Parties understand the persons remaining in the employment relationship with the Service Provider and persons permanently cooperating with the Service Provider to the extent covered by the subject of the Agreement, based on a civil law contract). Entrusting all or part of the works that are the subject of the Contract to a third party who is not an Employee of the Service Provider (subcontractor) requires the Customer's separate consent, granted in writing, otherwise being null and void. If the Customer agrees, referred to in the previous sentence, to entrust work to subcontractors, the Service Provider will be responsible for the actions or omissions of the subcontractors as for their own. The Service Provider is not authorized to incur any obligations on behalf of or for the benefit of the Customer.

§ 4. License type (type of Subscription Plan)

  1. Under this agreement, the Service Provider grants the Customer a license to use the User.com platform based on the conditions described in the Subscription Plan, without territorial restrictions, with the right to sublicense to subsidiaries of the Customer.
  2. The individual Subscription Plans you can use can be found here. However, we also encourage you to contact us to develop a solution that best suits your individual needs.
  3. The collected data in the User.com application are stored for an indefinite period of time for the duration of the license, until the transfer of all data collected during the license to the Customer. After the termination of the contract, the data is permanently deleted within no more than 30 days. At any time, the Customer can also export their data to CSV files, download via API or delete. In the event of slower operation of the application due to the amount of data stored in the website's application, User.com is authorized to delete old outdated data, this deletion takes place each time prior consent of the customer, unless the subscription plan provides otherwise. Expressing consent is by email. The parties agree that retention of anonymous data is 60 (sixty) days. This means that data about anonymous users (only cookies) who have no contact details (user_id, email, telephone number, consent to WebPush communication, identifier used in the mobile application) and have not been active for the last 60 days are completely removed from the system.
  4. User.com under the Subscription Plan enables full functionality to the extent expressed in it by precisely specifying the scope of the service in each Subscription Plan.

§ 5. Service Level Agreament (SLA)

  1. A detailed description and functionality of the Service is included in Annex 1 to this Agreement, which at the same time sets the minimum level of services. However, regarding the scope of functionalities described there and used within a Subscription Plan for a particular Customer, the provisions of the Subscription Plan selected by that Customer are decisive.
  2. The Service Provider ensures ongoing development and update of the User.com Platform and panel as part of the product Roadmap planned by User.com. The Service Provider undertakes to ensure that any new functionalities and updates will not adversely affect the stability of the Platform. Possible new features and updates will be made available after prior testing by the Service Provider and exclusion of errors.
  3. The service will be launched on dedicated servers provided by trusted suppliers with location for EU customers in the EU. Currently, apart from OVH, we also use AWS and CloudFlare services.
  4. The User.com public API has a limit of at least 1000 requests per minute for one application and it will increase over time.
  5. The Service Provider maintains due diligence to maintain the parameters of the Services at a constant level determined in accordance with the provisions of this Agreement, in particular with the provisions of §4 and Appendix No. 1, however, their failure to comply does not constitute non-performance or incorrect performance of the Agreement (Services), but only causes rise of claims specified in §5 section 10 of the Agreement. Subject to paragraph 2 above, the Service Provider may unilaterally, at any time increase the guaranteed level of individual Services, cover SLA new Services and start providing existing Services using equipment / infrastructure with more advanced parameters.
  6. To guarantee the highest quality of services, the Service Provider undertakes to make system backups every 24 hours on a server other than the server supporting the User.com platform. The Service Provider also reserves the right to 5-10 minute breaks in access to the service at the time of updating the application (which usually takes place between 22-5 UTC +01: 00). In the absence of access to the platform for reasons beyond the Service Recipient over 48 hours, the Service Provider will provide within 24 hours the second version of the environment with access to all data from the backup.
  7. In the absence of access to the platform or any of the modules or the lack of functionality of the Platform or any of the modules for more than 24h for reasons beyond the Customer's control, the Service Provider within 24 hours will provide a second, fully functional and covering all modules version of the environment with access to all data from backup. At the Customer's request, in the absence of access to the platform or to any of the modules or the lack of functionality of the platform or any of the modules over 3 days for reasons beyond the Customer's control, he will receive a backup with all data collected during the contract.
  8. The Service Provider reserves the right to make changes without warning as soon as it is detected that any of the applications or libraries that is used have any update, which in the Service Provider's opinion has an impact on the security of processed information.
  9. The Service Provider also reserves the right to have VACUUM FULL run for the entire database once a week at selected times. When implementing VACUUM FULL, there may not be access to the application, and data may not be saved. Unless otherwise agreed by the Service Provider, VACUUM FULL may take place every Sunday from 3:00 UTC +01: 00 until completion, but no longer than until 7:00 UTC +01: 00, the Service Provider reserves the right to change this schedule.
  10. The Service Provider undertakes to refund the remuneration for the Service in the event of complete lack of access to the User.com platform, total lack of access to some modules or complete lack of functionality guaranteed in accordance with Appendix 1 in the current wording (Compensation). The compensation is payable in proportion to the time and scope in which the client did not have access to the platform, module or modules, or functionalities covered by Appendix 1. The compensation, obviously, cannot exceed 100% of the monthly remuneration specified in § 6 para. 2 Agreements. The compensation will be paid upon the explicit and well-justified request of the Customer, after its prior calculation by User.com. Acceptance by Customer of Compensation is tantamount to the Customer's resignation from the claims based on the above-mentioned events, or actions or omissions of User.com described in this section.
  11. All other customer refund cases other than those specified above are set out here.
  12. The Parties declare that the guaranteed level of Services is not part of the Service Provider's service, and failure to comply with the conditions of certain parameters of the Services, caused by a Service Failure, is not an improper performance / non-performance of the SLA / Agreement by the Service Provider. The action referred to above is a kind of gratification unilaterally granted to the Customer by the Service Provider , in particular the gratification does not constitute compensation or the so-called post-transaction rebate (reduction of already paid remuneration).
  13. In the event of a failure of any server or other service provided to the Service Provider by a third party, the Service Provider shall be bound by the same terms as the SLA used by that third party, in particular by OVH, AWS and CloudFlare + (this means, in general, up to 8 hours per response). In the event of any doubts, the Service Provider's SLA shall prevail, and the Service Provider shall not be liable for any errors that may occur on the part of a third party, such as OVH, AWS and CloudFlare. Addresses at which relevant SLAs are available:
    • - OVH: https://www.ovh.pl/private-cloud/uslugi_zawarte/yszneenstwo-i-sla.xml
    • - AWS: https://aws.amazon.com/compute/sla/
    • - AWS: https://aws.amazon.com/agreement/
    • - CloudFlare: https://www.cloudflare.com/business-sla/
  14. In case of doubt, the provisions of §5 para. 13 are not contradictory, but supplement the provisions of §5 para. 10 and take precedence over them - provided that the Service Provider notifies the Customer of such failures or errors on the part of a third party immediately after obtaining information about their occurrence.
  15. The Service Provider is not responsible for the Failure, as well as for non-performance or improper performance of the Contract, if it is caused by force majeure.

§ 6. Payment

  1. The Customer makes payments for the license for the User.com service on the terms and methods specified in the Subscription Plan choosing by him.
  2. The Customer agrees that the Customer's data (in addition to the data from the credit card) may be sent in an unencrypted form and a) be sent to various networks; and (b) amended to comply with the technical requirements of the connecting network or electronic devices. Credit card information is always encrypted during transfer between services. In addition, the Customer agrees to provide current, complete and accurate purchase and account information for all payments on the site. The Customer also agrees to immediately update the account and all information on it, including email address, credit card number and expiration date, which allows the Service Provider to finalize orders placed by the Customer and contact the Customer if necessary.
  3. The Service Provider reserves the right to change the price of products without prior notice by posting new prices on its website. This change will only apply to the customer from the start of the new payment period under the Subscription Plan.
  4. Refund policy and individual cases in which it can be made are described here.

§ 7. Other obligations of the Parties

  1. The Service Provider is not responsible for the consequences of the Customer's disclosing logins and passwords to the User.com panel to third parties, and thus the removal of data in the application by third parties.
  2. Only the Customer has insight into the data that is in his Services panel. The Service Provider cannot view, change or delete Customer data. The Service Provider provides technology and a tool for data collection and communication with users, the Customer is responsible for registration and database management.
  3. For the purposes of the contract, the expression "Confidential Information" means all information of a matter of economic, technical, financial, operational, administrative, obtained in writing, orally or otherwise recorded ( in particular in electronic form), which have been disclosed in connection with the conclusion and implementation of this Agreement, excluding publicly available information.
  4. The Parties undertake to keep confidential Confidential Information and refrain from using Confidential Information for purposes other than those for which it was originally provided, as well as not to transfer any Confidential Information to any third party. The obligation to maintain confidentiality and confidentiality by itself and third parties (including its employees and associates) having access to Confidential Information, includes in particular, but not limited to, the obligation to:
    1. use Confidential Information only for purposes directly related to the given activity,
    2. not disclosing or passing Confidential Information to any third parties, unless it is necessary for the implementation of a given activity;
    3. not to use Confidential Information in the Party's own activities; and
    4. inform the other Party of any breach of the obligations under this Agreement and of any obligation to disclose any Confidential Information in accordance with generally applicable law
  5. The provisions regarding confidentiality and non-disclosure arising from the Agreement shall not apply to:
    1. where their application would prevent the Parties from disclosing information required by applicable law on the basis of an enforceable court decision or an enforceable administrative decision;
    2. if the disclosure of Confidential Information by a Party takes place during judicial, judicial-administrative or administrative proceedings to the extent necessary to properly protect the rights of such Party;
    3. to the advisers of the Parties as well as their subcontractors and consultants who are subject to the obligation of confidentiality; with the proviso that the Party disclosing the Confidential Information to third parties of any information constituting the business secret of the other party referred to in the preceding sentence is responsible for their actions as for their own;
    4. in connection with a dispute, discrepancy or litigation between the Parties, including Confidential Information - whereby the Disclosing Party will take steps to limit the scope of disclosure of Confidential Information for purposes related to such proceeding;
  6. The confidentiality obligation applies from the date of the Agreement conclusion and is not limited by the deadline, it also applies after the termination of this Agreement.
  7. In the event of a breach of the provisions of the Agreement referred to in §7 paragraph 4, the Party shall be obliged to pay to the other Party immediately the contractual penalty amounting to 10% of the monthly remuneration due to the Service Provider for each violation, while the total amount of contractual penalties imposed may not exceed 100 % of the monthly remuneration due to the Service Provider.
  8. The payment of the abovementioned contractual penalty will take place within 30 days of the party finding such a violation, which should be reflected in the Breach Protocol prepared jointly and accepted by both Parties. In the absence of acceptance of the above-mentioned Protocol by either Party, the Parties agree to submit this matter to mediation, and only in the absence of satisfactory results of this mediation within two months from the date of notification of the Service Provider's violation, this issue will be resolved on general principles. The mediator will be unanimously selected by both Parties from among the mediators operating in the area of the Capital City of Warsaw (Poland).

§ 8. Protection of personal data

In addition to the provisions below, here you will find information on our use of personal data and its protection. For more information on the personal data protection procedure applied at User.com, please refer to the Personal Data Protection Policy at User.com Sp. z o.o. z / s in Warsaw of 25 May 2018, without attachments to this Policy, which remain secret, available at the headquarters of User.com, and on request - in electronic form by email.

  1. The Customer is the administrator of the personal data of users of the Customer's internet and mobile applications within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46 / EC (Journal of Laws EU.L No. 119, p. 1) (hereinafter referred to as the "Regulation") entrusted for processing User.com on the basis of the provisions of this Agreement. User.com becomes under this Agreement an entity processing personal data on behalf of and on behalf of the Customer within the meaning of art. 31 of the Act and art. 4 Regulation. User.com does not become the administrator of personal data. Notwithstanding the foregoing, User.com is the Administrator of the Customer's personal data, and the rules for processing this personal data can be found here.
  2. The parties are aware of the fact that pursuant to art. 82 paragraph 4 of the Regulation if both the controller and the processing entity participate in the same processing and in accordance with art. 82 paragraph 2 and 3 of the Regulation are responsible for damage caused by processing, they bear joint and several liability for all damage, so as to ensure that the data subject actually obtains compensation. Additionally - in accordance with art. 28 section 10 of the Regulation, if the Processing Entity violates the Regulation in determining the purposes and methods of processing, it is considered to be the controller in relation to this processing, with all the consequences arising from EU and national law.
  3. For the purposes of implementing this Agreement, pursuant to Article 31 of the Act and pursuant to the Regulation, the Customer entrusts User.com with the processing of personal data of the users of the Internet and mobile applications of the Customer to the extent and purpose specified under the Subscription Plan, undertakes to process this data in a manner ensuring compliance with the requirements set out in the Regulation, as well as in legal acts adopted in the national legal order on the basis of this Regulation.
  4. User.com has the right to process Data only for the purpose of performing services under the Agreement, taking into account the nature and purpose of processing specified in the Agreement. The processing of personal data entrusted pursuant to this contract will take place from the moment the data is transferred to the end of this contract.
  5. The entrustment of the processing of personal data referred to above by the Customer includes personal data to the extent necessary for the fulfillment by User.com of obligations under this Agreement. Data is: city, region, country, Time zone, Browser, Browser version, Device, Current URL, Referrer, Initial referring domain, Operating system, Cyclical Commission, Screen height, Screen height, Last Seen (last set or updated property), The first view (the property set or updated for the first time), and the categories of data subjects - users of the Customer's web and mobile applications.
  6. The Customer authorizes User.com to process personal data to the extent and purpose specified in this Agreement, as well as to grant further authorizations to process data to persons cooperating with User.com under an employment contract or civil law agreement.
  7. User.com undertakes to process Data only on the documented instruction or with the documented consent of the Customer - which also applies to the transfer of personal data to a third country or international organization - unless such obligation is imposed on him by European Union or Member State law to which the User.com is subject. In this case, before starting processing, User.com informs the Customer of this legal obligation, provided that this law does not prohibit the provision of such information due to important public interest.
  8. If, to perform specific processing activities on behalf of the Customer, User.com uses the services of another processing entity, User.com undertakes to impose on this other processing entity under the contract concluded in writing the same data protection obligations as in this Agreement, in particular the obligation to provide sufficient guarantees for the implementation of appropriate technical and organizational measures to ensure that the processing complies with legal requirements. If this other processor does not comply with its data protection obligations, full responsibility to the Customer for fulfilling the obligations of that other processor is with User.com.
  9. User.com undertakes to apply the security measures referred to in Art. 36-39a of the Act and in art. 32 of the Regulation, in particular to:
    1. the use of technical and organizational measures ensuring the protection of processed personal data appropriate to the threats and categories of data protected, and in particular should protect the Data against disclosure to unauthorized persons, removal by an unauthorized person, processing in violation of the Regulation and the change, loss, damage or destruction of these data,
    2. admission to operate the IT system and the devices included in it, used to process Data only of employees of User.com or persons remaining with User.com in relation to an order or legal relationship of a similar nature, having valid authorization to process data,
    3. keeping records of persons employed by User.com while processing Data,
    4. not disclosing Data to third parties,
    5. controlling the course of the Data processing.
  10. User.com undertakes, in the cases required by the Regulation, to carry out a Personal Data Protection Impact Assessment (DPIA) and provide this assessment to the Customer before processing the Data.
  11. User.com ensures that persons authorized to process personal data commit themselves to secrecy or that they are subject to the appropriate statutory obligation of confidentiality.
  12. User.com is obliged to secure the Data against unauthorized access to them, in particular to keep the Data confidential and not to record it in any way enabling unauthorized access to the Data.
  13. The Customer and User.com agree that in the case of sending files containing personal data, these files will be protected during transmission over a public network using cryptographic means of personal data protection.
  14. In extraordinary situations not provided for in the Agreement, User.com undertakes to process personal data having regard to data protection and the interest of the Customer.
  15. User.com declares that it has appointed the Data Protection Inspector specified in the Regulation, which supervises and controls the compliance with the above principles of personal data protection. Contact details: Kamil Suplewski, +48 506 577 332, kamil.suplewski@gmail.com.
  16. User.com undertakes to deal promptly and properly with each Customer's question regarding the processing of personal data entrusted to him, in particular those regarding the organization of personal data protection at User.com.
  17. User.com, taking into account the nature of Data processing, where possible helps the Customer by appropriate technical and organizational measures to comply with the obligation to respond to the requests of the data subject in the exercise of his rights set out in Chapter III of the Regulation.
  18. User.com, taking into account the nature of Data processing and the information available to User.com, helps the Customer to meet the obligations set out in art. 32-36 of the Regulation. In particular, User.com undertakes to immediately, not later than 48 hours from detection, inform the Customer of any noticed breaches of personal data protection that will occur in connection with the processing of this data by User.com.
  19. User.com provides the Customer with all information necessary to demonstrate compliance with the obligations set out in Article 28 of the Regulation, and enables the Customer or an auditor authorized by the Customer to carry out audits, including inspections, contributes to and participates in them.
  20. User.com shall immediately inform the Customer if, in its opinion, the order issued to it constitutes a violation of the Regulation or other Union or national law.
  21. The Parties agree that during the implementation of the provisions of this Section of the Agreement they will cooperate closely, informing each other of all circumstances having or likely to affect the implementation of these provisions.
  22. User.com will terminate the processing of Data under this Agreement if the Agreement expires or terminates. In this case, depending on the documented decision of the Customer, User.com will return or delete all entrusted personal data within 30 days from the date of obtaining such a decision of the Customer. User.com does not have to comply with the obligation set out in the preceding sentence only if, pursuant to Union law or national law, it is required to store the Data for a longer period. In such a situation, User.com shall comply with the obligations arising from this paragraph by way of analogy to the Customer at the end of the period of data storage required by Union or national law.
  23. User.com will not process Data if the data subject objects to the processing of his Data. If such objection is raised to User.com, User.com is obliged to immediately inform the Customer about this fact and follow the Customer's instructions.

§ 9. Duration and termination / withdrawal from the contract

  1. This license agreement is effective from the moment the confirmation of its conclusion by the Customer in the manner specified on the website http://user.com and is concluded for the period specified in the Subscription Plan chosen by the Customer.
  2. The Customer has the right to terminate the contract without notice if the Service Provider completely discontinues the performance of this contract, and the Service Provider has the right to terminate the contract without notice in the event of an unjustified lack of cooperation of the Customer to the extent necessary for the proper performance of the Service Provider's obligations. The abovementioned termination of the contract should be preceded by a written one, which also means by electronic means - e.g. by e-mail, setting an additional 7-day deadline to remove the violations indicated in this letter. Withdrawal from the Agreement for the reasons referred to in the previous sentence may take place within 7 days of the expiry of the above-mentioned 7-day period and should be made by a letter containing the justification. It also constitutes the basis for a request by a Party to pay a contractual penalty of 100% of the monthly remuneration due to the Service Provider.
  3. The Service Provider reserves the right to immediately terminate the Agreement if the Customer uses the Service: (A) for unlawful purposes, or to participate in any unlawful activities; (B) violating the intellectual property or intellectual property rights of others; (C) to harass, abuse, insult, defame, slander, discredit, intimidate or discriminate on grounds of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (D) provide false or misleading information; (E) to send viruses or other type of malicious code that can be used in a way that will affect the functionality or functioning of the Website or any related website, other websites or on the Internet as a whole; (F) unlawfully collecting or tracking personal data of others; (G) spamming; (H) for obscene purposes; (I) to disrupt or circumvent the security of our Website or related pages, other websites or the Internet as a whole.
  4. The Parties shall not be liable for non-performance or improper performance of the Agreement if it is caused by force majeure beyond the control of the Parties. Under the Agreement, a case of force majeure is considered to be a situation in which the performance of a Party's obligation has become impossible as a result of external, extraordinary, unpredictable events and which could not be prevented, in particular: strikes, unrest, war, flood, hurricane. If the period of force majeure lasts more than one month, the Parties have the right to withdraw from the further implementation of the Agreement, without any consequences, including penalties and damages, after prior written notification, within one month from the date of receipt of the notification by the Party concerned, with effect at the end calendar month.

§ 10. Final provisions

  1. This Agreement supersedes all prior agreements, arrangements and proposals, oral or written, between the Customer and the Service Provider regarding the use of the Service by the Customer.
  2. The Customer agrees for User.com to publish information on the Customer's use of the Service, including the use of the Customer's logo and other identifying information.
  3. The Parties agree that neither Party may transfer rights or obligations under this Agreement to a third party without the written consent of the other Party (Prohibition of Assignment).
  4. The provisions of the Agreement which are invalid, unlawful or impossible to meet do not exclude the validity of the Agreement in the remaining scope.
  5. When implementing this Agreement, the applicable law is the law applicable to the Service Provider's seat.
  6. The Parties shall endeavor to amicably resolve any disputes arising in connection with the implementation of the Agreement. Disputes that cannot be resolved amicably within two months of the date of submission of the dispute, the Parties shall submit for resolution by a common court competent for the seat of the Service Provider.
  7. The Service Provider is entitled to make changes to this ToS, as referred to in § 1. Introduction, however, these changes will only apply to the Customer from the beginning of a new payment period under the Subscription Plan.
  8. An integral part of the Agreement, apart from the documents to which the hyperlinks highlighted in the text refer, is its Appendix No. 1.

Appendix 1

Application: Description and functionality on the day of granting the License.

  1. Data collection
    1. Tracking pages visited by the user [1]
    2. Filtering users by attributes [2]
    3. Collecting data from the user's browser
    4. Possibility of integration with the FullContact system
    5. Creating dynamic segments
    6. Tag users
    7. User management through lists
    8. Sending custom events
    9. The ability to import and export contacts via CSV files
    10. Organization of company-user interaction in the form of a timeline
    11. Ability to edit user data via the API
    12. Collecting user information via forms on the site
  2. Chat
    1. Ability to send automatic chat messages
    2. The ability to chat with the user via chat
    3. Customizable chat appearance and display mode
    4. Sending chat messages as an email when the user is not present on the site
    5. Agent notifications for chat messages
    6. Access to chat via the mobile application
    7. Ability to set default chat responses
    8. Automatically assign users from a specific segment to agent groups
    9. Ability to add notes, new CRM activities and new CRM sales opportunities
    10. The ability to send messages in three different versions in terms of size
  3. Mailing
    1. Adding your own email templates
    2. Adding your own email messages
    3. Email campaign settings
    4. SMTP connection possible
    5. IMAP connection option
    6. Option to add a user to the database via a link in the email
    7. A / B tests on emails
  4. Automation
    1. Trigger modules:
      1. Start the action at the time of the event
      2. Start the action when visiting the site
      3. Start the action when you chat
      4. Start the action at a specific time on a specific day
      5. Start the action when added to the list
      6. Start the action when the tag is removed
      7. Start the action when removed from the list
      8. Start an action on an incoming or outgoing call
      9. Start the action when you complete the form
      10. Start an action on an incoming or outgoing call
    2. Filtering options in automation
      1. Based on attributes
      2. Depending on whether the user has visited a specific page
      3. Depending on whether the user has received a specific email
      4. Depending on whether the user has completed a specific form
      5. Depending on whether the user has interacted with the modal
      6. Depending on whether the user clicked on the link in the specified email
      7. Depending on whether the agent responded to the message
      8. Depending on whether the user responded to the email
      9. Depending on whether the user is in a particular segment
      10. Depending on the random A / B test
    3. Actions possible to automate
      1. Send chat messages
      2. Sending an email campaign
      3. Display the form
      4. Displaying the modal
      5. Adding or removing a user from the list
      6. Adding a specific tag
      7. Delete the specified tag
      8. Update the user attribute to the specified value
      9. Update the user attribute by the specified value
      10. Add to telephone campaign
      11. Waiting for the specified interval
      12. Emailing to agent
      13. Sending push notifications to the agent
      14. API query
      15. Change of scoring
      16. Add a note
      17. SMS sending
      18. Change of page content
      19. Collecting data from the user's screen
      20. Adding a new deal in the CRM module
      21. Adding new activity in the CRM module
      22. Change of stage at which the deal in CRM is
      23. Calculation of numerical data based on user events or attributes
    4. The ability to set the frequency and conditions for activating the action
  5. CRM
    1. Adding new agent activities
    2. Adding and managing sales opportunities
    3. Storing company data in separate profiles
  6. Management
    1. Adding new agents
    2. Agent access management
    3. Delete the application
  7. Statistics - displaying data on: [5]
    1. The number of registration
    2. Open conversations by day
    3. The average response time by agent
    4. The number of active users
    5. Number of companies
    6. Total number of visits
    7. Total number of unique visits
    8. The number of users in a particular segment by day
    9. The number of companies in a particular segment by day
    10. The number of users with the specified tag
    11. The number of companies with the specified tag
  8. Management dashboards
    1. The ability to create separate analytical dashboards
    2. The ability to display the following information on dashboards
      1. Percentage of new users in the specified number of last days
      2. Daily number of CRM activities by type in the last 30 days
      3. Percentage change in segment size
      4. Segment content in the last 30 days
      5. Percentage of deals by type
      6. Daily number of chats per month
      7. Number of occurrences of the event in recent days
      8. Daily number of activities in the last week
      9. Number of users with the specified tag
      10. Number of active chats
      11. Daily number of chats in the last week
      12. Aggregate value
      13. Number of conversations in recent days
      14. Number of users in the segment in the last 7 days
      15. Number of CRM activities in recent days
      16. Number of events in the last 7 days
      17. Number of people in the segment
  9. Access to the contact center module
    1. The ability to create an SMS campaign
    2. The ability to create telephone campaigns
    3. Ability to add call scripts in telephone campaigns
    4. The ability to answer calls in the User.com panel
    5. The ability to call the user from his profile
    6. Possibility to buy a new phone number
    7. Ability to record conversations
  10. Access to the following API functionalities
    1. User management
      1. Creating a user
      2. Update user attributes
      3. Finding a user by email
      4. Find a user by key
      5. Finding a user by date
      6. Delete the user
      7. Download user data
      8. Download the data of all users
      9. Retrieve the user segment
      10. Adding and removing a user from the list
      11. Setting one or more user attributes
      12. Delete the user attribute
      13. Downloading user hit hits
      14. Download the user timeline
      15. Downloading user events
      16. Downloading user emails
    2. CRM
      1. Creating a company in CRM
      2. Updating company data in CRM
      3. Removal of the company
      4. Download the list of companies
      5. Creating a CRM sales opportunity
      6. Update of the CRM sales opportunity
      7. Remove the CRM sales opportunity
      8. Downloading CRM sales opportunities
      9. Create activity in CRM
      10. Activity update in CRM
      11. Delete activity in CRM
      12. Downloading activity in CRM
    3. Notes
      1. Create a note
      2. Update the note
      3. Download user notes
      4. Delete the note
    4. Tags
      1. Adding a tag
      2. Tag removal
      3. Update tag
      4. Download all tags
    5. Letters
      1. Create a list
      2. Update the list
      3. Addition to the list
      4. Remove the user from the list
    6. Attributes
      1. Create an attribute
      2. Update
      3. Retrieve one or more attributes
    7. Events
      1. Creating events
      2. Downloading one or more events
    8. Segments
      1. Display of segments
      2. Listing segments
    9. Conversations
      1. Download one conversation
      2. Download all conversations
      3. Create a message
      4. Add attachment
      5. Send a webhook
    10. Emails
      1. Send an email
      2. Create, delete or update an email template
      3. Download the email template
      4. Download all email templates