IC Project Statute

IC PROJECT WEBSITE AND APPLICATION RULES

§ 1. DEFINITIONS.

Web Service — Internet service available at the address: www.icproject.com, run by the Seller,
Regulation — these regulations (Website and Application), referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means,
Salesperson — NGroup System Sp. z o.o., ul. Malików 150d; 25-639 Kielce, NIP: 9591926129, REGON: 260468463, entered in the National Court Register by the District Court in Kielce, 10th Commercial Division of the National Court Register, under KRS number: 0000385149, share capital PLN 30,000 (fully paid), e-mail: support@icproject.com
Client — Consumer or Entrepreneur using services provided by the Seller electronically within the Website (including in particular by creating an Account) or concluding an Agreement with the Seller,
Consumer — consumer within the meaning of Article 221 of the Act of 23 April 1964 — Civil Code, i.e. a natural person with full legal capacity or — in cases provided for by law — limited legal capacity, concluding a Sales Agreement with the Seller or using services provided by the Seller electronically in the scope not directly related to his business or professional activity,
Entrepreneur — an entrepreneur within the meaning of Article 431 of the Civil Code, i.e. a natural person, legal person or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activities in his own name, concluding an Agreement with the Seller or using other services provided by the Seller electronically,
Registration Form — the form available on the Website enabling the creation of an Account,
Account — a set of resources in the Seller's ICT system, marked with an individual name (login) and password assigned to the Customer, in which the Customer's data are collected, including in particular information about placed Orders, the establishment of which requires the Customer to fill in the Registration Form,
order — statement of the Customer's will, constituting an offer to conclude an Agreement with the Seller,
deal — an agreement within the meaning of the provisions of the Civil Code concluded between the Seller and the Customer at a distance via the Internet Service, in Polish, the subject of which are the Services,
Service — available on the Website the subject of the Agreement concluded on the terms provided for by the provisions of these Regulations,
Deployment service — a separate dedicated Service aimed at facilitating the start of the use of the Software by the Customer, implemented in a remote or stationary form in the form of a plan: Basic, Premium or Pro. The administrator provides a detailed description of the individual plans on the website: https://icproject.com/wdrozenia-ic-project/,
Proof of Purchase — VAT invoice in electronic form, issued by the Seller and confirming the conclusion of the Agreement,
Promo — a price discount strictly defined at the time for selected Services, which may be the subject of the Agreement, or another benefit provided for the Client in connection with the conclusion of the Agreement or the creation of an Account,
Newsletters — service provided electronically by the Seller after prior consent by the Customer, consisting in the automatic receipt by the Customer to the e-mail address provided by him of the most important information, including commercial information, related to the Website,
Privacy Policy — a document available on the Website, specifying the rules related to the processing of personal data by the Seller within the framework of the Website, which is the fulfillment of the information obligation referred to in the regulations on personal data protection,
Software — IC Project application operating in the SaaS (Software as a Service) model, based on work in the cloud, managed by the Administrator, who makes it available to Users on desktop and mobile devices, used in particular to manage resources and tasks and team working time. The Software is made available under the User Agreement.
Price list — a list taking into account the amount of fees associated with the use of the Software and specifying the specific issues related to the functionalities of individual versions of the Software, including their Access Limits, published on the website www.icproject.com. The Price List is an integral part of the Agreement concluded between the Administrator and the User;
Billing period — a strictly defined period of time for which payments are made for the use of the Software and for which one of the paid versions of the Software is available;
Subscription fee — means the periodic fee (depending on the selected subscription plan) payable to the Seller from the Customer and paid by the Customer for each started Billing Period of use of the Service.
Access Limit — restriction relating to the maximum number of persons who may have assigned access rights to his Account by the User. The size of the Access Limit for each version of the Software is specified in the Price List.
Force Majeure — unforeseeable and unforeseeable random events, in particular: sudden major industrial and technological failures, stoppage of energy supplies, restrictions caused by war, strike, natural disaster, epidemic or management by national and local authorities preventing the implementation of the subject matter of the contract, etc.
Customer Content — any information produced or provided by the Customer and by persons authorized by him as part of the use of the Website or the Software,
Civil Code — Act of 23 April 1964 — Civil Code (Journal of Laws of 2019, items 1145, 1495),
DSA — Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act)

§ 2 GENERAL PROVISIONS.

These Terms and Conditions apply to Contracts and other services provided by the Seller through the Software, available on the Website.
The services provided electronically by the Seller on the Website consist in enabling the Customer by the Seller:
a) to conclude Agreements on the terms specified by the provisions of these Regulations,
b) setting up and holding an Account on the Website,
c) receiving the Newsletter,
d) use of other services available on the Website.
Services provided under the Software, on the basis of the concluded Agreement:
a) maintaining an individual Account,
b) creation and storage of databases,
(c) management of resources,
d) customer relationship management (CRM),
e) creation of plans/tasks,
f) creating calendars and contact lists,
g) reporting of employees' working time,
h) use of the messenger available in the Software,
i) use of other services and features available in the Software.

The Seller provides the Software in the following versions:
a) Basic/Premium/Pro/Enterprise (Paid versions of the Software) — Paid versions of the Software differing from each other in their specificity, functionalities and the price of their provision. Software in Basic/Premium/Pro/Enterprise versions may be made available by the Seller free of charge for a trial period to the Customer who is an Entrepreneur, in order for the Customers to familiarize themselves with its functionalities. Switching the Account from the test mode to the Paid Account is tantamount to acceptance by the Client who is the Entrepreneur of the presented form of the Software.
b) Custom Package — created at the request of the Client who is an Entrepreneur, depending on individual needs.
For Customers who have purchased the Software referred to in point 4 above, the Seller provides the opportunity to purchase additional elements:
a) Ticket system — a special module allowing to manage service requests,
b) Dedicated appearance — adjusting the appearance of the system to the Customer's requirements regarding changing colors and updating the logotype,
c) Premium Support — dedicated Customer Success department support based on the highest quality and priority of service,
d) Additional disk space — Add additional space for attaching files.

A summary of the functionalities, prices and specifications of each version of the Software can be found in the Price List.
Advertisements, advertisements, price lists and other information about the Services provided on the Website should be read as an invitation to conclude an Agreement in view of Article 71 of the Civil Code.
The website sells on the territory and outside the borders of the Republic of Poland.
The Seller takes the utmost care in the execution of Contracts and Orders.
Promotions may be organized on the Website on the terms specified and made public on the Website by the Seller. The Seller also takes into account the possibility of individually fixing the promotional price with the Seller depending on the selected Service and on the rules specified in the Website.
The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is a Consumer, entitled to it under generally applicable law, including in particular under the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights. In case of inconsistency of the provisions of these Regulations with the provisions referred to in this point, those provisions shall prevail.
The provisions of the Regulations concerning Consumers also apply to the Entrepreneur who is a natural person conducting business activity entered in the Central Register and Information on Economic Activity (CEIDG), which concludes an Agreement directly related to the business activity carried out by him, when at the same time it follows from the content of the Sales Agreement that it does not have a professional character for such an entrepreneur. Verification of whether a given activity is of a professional nature will be carried out in particular on the basis of data from the CEiDG in the scope of the activity carried out on the basis of the PKD codes. The second sentence of Article 558 (1) and Article 563 and Article 567 (2) of the Civil Code shall not apply to the buyer referred to above.
In connection with the provisions of the Digital Services Act (DSA), the Seller has appointed a contact point for direct communication with the authorities of the Member States, the Commission, the Digital Services Council as well as with the Customers in the form of an e-mail address: support@icproject.com.
For the effective implementation of the Services provided as part of the Website, in particular access to the Software, it is necessary to have a computer or mobile device that meets the following technical conditions:
a) Access to the Internet,
b) Enabled support for Cookies and Java Script,
c) Installed web browser in the current version (recommended: Google Chrome, supported: [Edge, Firefox, Chrome, Safari]),
d) Screen resolution of at least 1366 px,
(e) A keyboard or other indicating device enabling the correct completion of electronic forms,
f) Internet connection with a minimum bandwidth download 1 Mbit/s, upload 128 kbit/s,
g) Active e-mail account.

§ 3. RULES OF USE OF THE WEBSITE AND SOFTWARE AND RULES OF CONTENT MODERATION.

The Customer is obliged to use the Software and the Website in a manner consistent with the applicable law, the principles of social coexistence and good morals, taking into account the respect of personal rights and intellectual property rights of third parties.
The use of the Website and the Software is completely voluntary.
The Customer may not take actions that could affect the proper functioning of the Software and the Website, including in particular the Customer may not:
a) interfere with the content and graphic elements of the Website,
b) post illegal content on the Website,
c) introduce harmful data into the Software or the Website as an IT system, in particular in the form of malware, i.e. viruses, spyware files, etc.,
d) use the Website or the Software for purposes other than its intended purpose, i.e. in particular may not send SPAM or similar messages and carry out any economic, commercial, advertising or promotional activities on its behalf within the Website, if this is not the subject of the Agreement.
‍
When filling out the Registration Form, the Customer is obliged to read the content of the Terms and Conditions and Privacy Policy and to accept their content.
When using the Software and the Internet Service, the Customer is obliged to provide true and factual data and information necessary for the creation of an Account or the conclusion and execution of the Agreement.
In the event that the Customer makes available the possibility of using the Software or the Account on the Website to other persons, the Customer is obliged to familiarize them with the terms and conditions. The provisions of this paragraph shall apply mutatis mutandis.
The Seller is not responsible for the Customer Content posted on the Website, in cases where the Seller:
a) has no actual knowledge of the illegal activity or illegal Customer Content and, with respect to claims for damages, is unaware of the facts or circumstances that clearly indicate illegal activity or illegal Customer Content, or
b) take appropriate action without delay to remove or prevent access to illegal Customer Content when it becomes aware of such knowledge or communication.
It is forbidden to transfer personal data of third parties through the Website or the Software without the consent of these persons. In the case of natural persons who do not have full legal capacity, the consent must be given by their legal representatives or legal guardians.
If the Customer intends to place Customer Content in the Online Store, the Customer is obliged to behave in accordance with the rules of social coexistence and good customs, including proper and substantive use of written language.
The Customer may not post Customer Content that constitutes illegal content within the meaning of the Digital Services Act (DSA), generally applicable laws or otherwise inconsistent with the Terms and Conditions or good practices, which means, in particular, that it may not post Customer Content that:
a) contain links or other content of a spam nature,
b) are used to conduct activities that are competitive with the Seller, e.g. to promote competitive websites,
c) serve to carry out prohibited advertising, promotional, marketing activities, in particular by posting advertisements, selling and promoting products, services, projects, collections,
d) constitute any work within the meaning of the provisions of the Act of 4 February 1994 on copyright and related rights in a way that infringes the intellectual property rights of a person or a third party to whom such rights are entitled;
e) relate to technical matters related to the functioning of the Website,
f) are used to carry out activities prohibited by law, such as attempts to defraud and extort funds from other Clients;
(g) call for or condone violence against any living creature, including animals;
(h) promote any fascist or other totalitarian state system;
(i) incite or condone hatred on the basis of gender, sexual, national, ethnic, racial, religious or religious differences, or on the basis of non-denominational hatred;
(j) insult a group of the population or individuals because of their gender, sexual, national, ethnic, racial, religious or religious affiliation or because of their non-denominational nature;
(k) contain content of a chauvinistic or misogynistic nature, as well as bearing the hallmarks of gender discrimination;
(l) defame or insult any third party;
(m) infringe on the personal property of any third party;
n) infringe the copyright of any third party;
o) contain profanity or other content of an offensive nature;
(p) encourage or condone dangerous behaviour;
q) offend religious feelings;
(r) may cause discomfort to other users, in particular through lack of empathy or respect;
(s) are otherwise contrary or unlawful
All photographs and other materials (including, in particular, texts, graphics, logos) which are works within the meaning of the provisions of the Act of 4 February 1994 on copyright and related rights (i.e. Journal of Laws of 2019, items 1231, 2245), hereinafter collectively Materials, posted on the Website are the property of the Seller or have been used by the Seller with the consent of a person or a third party that has intellectual property rights to the Materials.
Both the Customer and any other person having access to the Website are obliged to refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way (including in particular for marketing, commercial or commercial purposes), the Materials posted on the Website without the written consent of the Seller or any other person or third party to whom own intellectual property rights in the Materials, except for the use of such Materials to the extent permitted the use referred to in the provisions referred to in the preceding paragraph.
Infringement of the provisions of the preceding paragraph could constitute a violation of the law and thus constitute grounds for the initiation of civil or criminal proceedings against persons or entities engaging in such practices.
The Customer bears full responsibility towards the Seller and third parties for damages related to:
a) violation by the Customer of points 9 and 10 above,
b) incorrect or unauthorized use of the Website, as well as for related technical problems, loss of data or other damage in the operation of the Website, including in particular for carrying out activities referred to in point 3 of this paragraph.
The liability of the Customer referred to in the previous point includes both compensation for the damage to the Seller and a person or third party, as well as the incurring of additional costs that resulted from the damage, including in particular court costs, costs of legal representation, costs of enforcement proceedings and other reasonable costs incurred by the Seller in connection with the damage caused to him and in connection with the claims of persons or third parties.
If the Seller becomes aware that the Customer has committed violations of generally applicable regulations, including the Digital Services Act (DSA) and these Regulations, the Seller may decide on the following restrictions on the provision of services:
a) blocking access to such content on the Website,
b) permanent removal of content from the Website,
c) blocking access to the Account,
d) permanent deletion of the Account,
Making the decision referred to in point 16 of the Regulations, the Seller depends on the seriousness of the case and the degree of violation of generally applicable law or these Regulations, guided by the principles of proportionality and adequacy.
The implementation of the specified restriction will take place only after the preliminary presentation of the reasons for the decision to the Customer who committed the violation. The Customer has the right to appeal against the Seller's decision on the terms set out in the justification.
The Seller reserves the right to verify the Customer Content posted on the Website on its own and at times of its choice. Verification activities are undertaken by the Seller with due diligence and in good faith. Verification is carried out in order to detect, identify and possibly remove, restrict or prevent access to illegal content. The provisions of points 16 — 18 of this paragraph apply to the decision relating to the restriction of illegal or inappropriate Customer Content, the information about which the Seller has obtained in the course of its own verification activities. The verification activities described in this point do not give rise to liability of the Seller for the Customer Content, as referred to in point 7 above.
In the event that the Customer (including any person using the Service or the Software), being convinced in good faith that certain Content of another Customer constitutes content inconsistent with points 9 and 10 of this paragraph, the Customer may notify the Seller of this fact by means of:
a) by e-mail to the following address: support@icproject.com,
b) through the contact form posted on the Website.
In order to facilitate the reporting procedure, the Seller provides the Customer with a breach notification form, which is Appendix No. 3 to these Regulations.
The notification referred to in point 20 above shall contain in particular:
a) a sufficiently reasoned explanation of the reasons why the person or entity concerned alleges that the Customer Content is incompatible with the Terms and Conditions;
b) a clear indication of the precise electronic location of the information, such as the exact URL or exact URLs, and, where appropriate, additional information to identify the Customer Content;
(c) the name and e-mail address of the person or entity making the report, with the exception of a report concerning information deemed to be related to one of the offences,
(d) a statement confirming the good faith belief of the reporting person or entity that the information and allegations contained therein are correct and complete.
‍
The Seller confirms the acceptance of the application and verifies the applications and follow-up actions in accordance with the provisions of these Regulations.
The Seller reserves the right to inform the relevant law enforcement authorities or other competent public authorities in the event of any information that gives rise to suspicion that a crime has been committed, is being committed or is likely to be committed which threatens the life or safety of persons.
The Seller allows the person reporting the violation to appeal against the decision taken by the Seller on the reported Content. The appeal must be submitted to the Seller immediately, but no later than 14 days from the date of receipt by the notifier of the Response to the notification of a violation concerning the User Content. In case of refusal to take into account the appeal, the applicant may refer the case to court proceedings if there are factual and legal grounds for this, in accordance with the final provisions of the Regulations.

§ 4. CONTRACT FOR THE PROVISION OF SERVICES.

In order to use the Software, it is necessary to create an Account. Before creating an Account, you must carefully read the content of the Terms and Conditions and accept its terms.
Setting up an Account by the Client requires clicking on the dedicated button”Try it for free” or”Create a free account” located on the main page of the Website or the buttons available in the Price List in individual versions of the Software (”Create a free account”). The Customer then enters the e-mail address and makes the registration. To the specified e-mail address, the Customer receives a link, through which he confirms the e-mail address provided when creating the Account.
Registration on the Website consists of two stages (steps):
a) The stage described in paragraph 2 of this paragraph,
b) Then you must mark the required consents and complete the Registration Form with the following personal data:
- the name of the company,
- name and surname,
- phone number,
- password.
After registration, the Customer may immediately start using the Software. He also receives information with instructions to the specified e-mail address.
After creating an Account in the manner referred to in the two preceding points, the Client immediately accesses the Account through an individual login and password.
An account effectively registered on the Website, allows access to the Software to other persons, in a number not exceeding the maximum amount indicated in the Access Limit for the selected version of the Software.
The Customer who has registered an Account on the Website may grant and remove access rights to the Software in the selected version, subject to the restrictions resulting from the Access Limits.
It is possible for the Customer to change the selected version of the Software while using it at any time, except when the scope of the functionality of the selected version of the Software does not allow it.
It is possible to change the selected version of the Software provided that the use of the Access Limit in the Customer Account allows it.
Changing the version of the Software while using it does not affect the course of the Billing Period.
The Account may be deleted at any time by sending a request by the Customer to delete the Account to the Seller's e-mail address: support@icproject.com.‍
By providing the Services using the Website and Software, the Seller takes due care to ensure that Customers are fully satisfied.
The provision of Services by the Seller to the Customer is carried out on the basis of the Agreement, to which the provisions of these Regulations, the provisions of the Civil Code, the Act on the provision of services by electronic means and other relevant provisions apply. The procedure for concluding it is set out in the Regulations.
Providing data by the Customer is tantamount to submitting his statement about:
a) the truthfulness of all data provided to the Seller,
b) consent to receive by e-mail correspondence, to the indicated e-mail address, information about any changes concerning the rules of provision of services by the Seller,

Regardless of the data provided during registration, the User may enter additional data and information into his Account, including in particular photos, graphics, text files, etc.
From the moment of confirmation of registration on the Website, the User gains access to his Account via login (email address) and password.
The moment of conclusion of the Agreement is considered to be the day on which the Customer confirmed its conclusion by clicking on the dedicated button on the Website or otherwise submitted a declaration of will to accept its terms (e.g. e-mail), and the Seller has received this statement.
By concluding an Agreement with the Seller, the Customer authorizes him to issue VAT invoices without the signature of the recipient,
In case of detection of errors in the operation of the Software, the Customer has the right to demand their removal as soon as possible, depending on the nature and degree of complexity of the error.

§ 5. IMPLEMENTATION SERVICE.

The Customer may conclude an Agreement for the provision of the Implementation Service, to which the provisions of these Regulations apply accordingly, taking into account the provisions contained in this paragraph.
The contract for the provision of the Implementation Service is concluded for a period of 6 months from the date of its conclusion, unless otherwise agreed by the Customer with the sales department.
The implementation of the Implementation Service should also be understood as the Seller's readiness to provide the Implementation Service during the period for which the Agreement for the provision of the Implementation Service was concluded.
Upon receipt of payment for a given Service to the Seller's bank account, the Customer together with the Seller determine the exact date of commencement of the implementation Service.
The Customer has the right to change the start date of implementation of the Implementation Service to a minimum of 7 working days before the planned date of implementation, except for individual arrangements with the implementation department.
The change of the deadline will entail the need to set a new date for the implementation of the Implementation Service, which may proportionally extend the period of provision of the Implementation Service.
In the event of a change in the implementation date of the Implementation Service, the Customer is obliged to notify the desire to change the implementation date by e-mail to the following address: wsparcie@icproject.com.
The Seller undertakes to respond to the request for a change of deadline within 2 working days of its receipt.
The new deadline for implementation of the Implementation Service will be determined in agreement with the Customer, taking into account the availability of the Seller's resources.
In the event that the Seller remains ready to provide the Implementation Service and the Customer does not allow the implementation by the Seller during the period for which the Agreement for the provision of the Implementation Service was concluded, the Customer loses the right to further implementation of the Implementation Service without reimbursement of remuneration.
After the expiration date of implementation of the Implementation Service, it may be implemented for an additional fee agreed individually with the Customer.
The Seller undertakes to send the customer reminders about the impending expiration date of the Implementation Service 3 months and 1 month before its expiration.

§ 6. RULES FOR THE EXECUTION OF ORDERS.

The Customer can place an Order:
a) within his Account after previously filling out the Order Form at any time — the Buyer should fill out the Registration Form (create an Account), add the Service to the Cart, fill out the Order Form and confirm the Order with a dedicated button,
b) to one of the selected e-mail addresses of the Seller: support@icproject.com, wojtek@icproject.com, marcin@icproject.com, mateusz@icproject.com at any time (24 hours a day, 7 days a week) — the Customer should indicate in the e-mail constituting a declaration of will about the willingness to place the Order, which Services are to be covered by the Order,
c) placing an Order is also possible by phone to one of the phone numbers: + 48 696 066 966, +48 539 263 518, +48 882 645 696, +48 662 165 665 (24 hours a day 7 days a week). The Customer should indicate in a telephone conversation which functions/versions of the Software are to be covered by the Order.
Confirmation of submission and acceptance for the execution of the Order will be sent to the Customer by the Seller in the form of an e-mail after placing the Order at the latest within 24 hours.
Placed Test Orders are executed immediately, and the paid part — after payment by the Customer up to 7 days after the end of the test period, in accordance with the provisions of § 7 of the Regulations.
The time of execution of the Order may be postponed in the event of force majeure, which should be understood as unavoidable, extraordinary, unpredictable and beyond control circumstances, the consequences of which could not be avoided despite taking all reasonable measures, by the duration of its duration.
The Seller reserves the right to cancel the Order if the Customer — despite the call — has not completed within 7 days the deficiencies required for the effective execution of the Order, taking into account § 7 point 7 of the Regulations.

§ 7. FEES.

The details of payment and the duration of the Agreement are determined by the Price List, which is an integral part of the Agreement. The price list is available on the website of the Website.
For the use of the Software in a given Billing Period, you are charged a subscription fee.
The user can make subscription settlements in the form of:
a) monthly fees, the amount of which depends on the selected version of the Software,
b) in the form of a one-time fee paid “in advance” for the entire duration of the Agreement.
The calculation of the subscription fee begins on the day on which the Customer activated the respective subscription package.
The Customer may agree to recurring payments for the use of the Service. Automatically renewable payments are only available through a payment card. The Customer authorizes the entity providing online payment services to automatically charge the Seller a fee for the selected subscription plan, according to the Price List accepted by the Customer. The fee will be automatically charged for subsequent analogous periods of validity of the subscription plan chosen by the Customer, until the Customer revokes the consent. The Customer is entitled to revoke, at any time, the consent for recurring payments.
After the end of using the trial version, in case the Customer fails to pay the appropriate fee until the end of the trial period, the Account will be blocked. After blocking the Account, the Customer may log in and make the payment within 7 days from the date of blocking the Account in order to be able to use the Software, which is enabled by the payment message that appears.
In the event that the Customer revokes the consent to recurring payments or fails to pay the fee on time, access to the Software will be completely blocked and all data stored in the Customer's Account will be lost after 3 months from the date of blocking the Account.
The prices indicated on the Website (in the Price List) are expressed in Polish zlotys (PLN) and euros (€) and are net prices and do not include VAT.
You can choose one of the following payment methods:
a) payment by ordinary or online transfer to the Seller's bank account,
b) payment by payment card — Visa, MasterCard or Diners Club,
c) online payment — Stripe.
Online payments made via the Website are handled via the Paylane platform available at www.paylane.com, used by STRIPE PAYMENTS Sp. z o.o. with its registered office in Warsaw (00-645), at ul. Ludwika Waryńskiego 3A, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the City of Warsaw in Warsaw, XII Commercial Division KRS, under KRS number 0000937028, NIP 7011062474, REGON 52064212100000,
The date of payment of the subscription fee is considered to be the date of receipt of the full amount due on the Seller's bank account. Any additional fees (bank and postal) are charged to the Customer.
The Seller provides for the possibility of applying the Promotion.
The Seller reserves the right to change the Price List, and the Parties declare that this is not synonymous with a change in the terms of the Agreement. The Customer will be informed about changes to the Price List each time by e-mail or via newsletter, 7 days before the end of the billing period. The pages are bound by the provisions of the Price List accepted by the Customer.

§ 8. TERMINATION OF THE CONTRACT.

The contract for the use of one of the paid versions of the Software, i.e. Basic/Premium/Pro or Individual Package, is concluded for a specified period with the Client who is an Entrepreneur and cannot be terminated before its expiration, except for the situations described in these Terms and Conditions.
The Customer has the right to terminate the Agreement without observing the notice period in the event of a break in the provision of services exceeding the period of 14 days and resulting from circumstances for which the Seller is at fault. This does not apply if the interruption in access to services is the result of circumstances of an objective nature, independent of the Seller (e.g. force majeure).
The Seller has the right to terminate the contract with the customer who is the Entrepreneur without observing the notice period in case of:
a) indication by the Customer of incomplete, incorrect or fictitious data within the scope specified in these Regulations,
b) the existence of a reasonable suspicion of the use of services provided by the Seller not in accordance with their purpose (purpose) or in a manner that violates the consistency of the Seller's IT system,
c) the existence of a reasonable suspicion of the use of services provided by the Seller in a manner that directly or indirectly results in broadly understood difficulties in the free use of system or hardware resources by other Customers,
d) violation by the Customer of the provisions of the law generally applicable during or in connection with the use of the Software,
e) violation by the Customer of the rights of third parties (natural persons, legal entities, organizational units without legal personality) during or in connection with the use of the Software,
f) violation of the terms of use of the Software set out in these Terms and Conditions.
‍
The Seller reserves the right to discontinue the provision of services as soon as the Customer fails to pay at least one required fee (VAT invoice), subject to the provisions of paragraph 7. — after prior request of the Customer to pay the overdue payment, as well as by taking action by the Seller to obtain the overdue payment.
For Customers of the Website and Software who are entrepreneurs within the meaning of Article 43 (1) of the Act of 23 April 1964 — Civil Code., the right to withdraw from the Agreement is strictly excluded

§ 9. COMPLAINT.

The Seller is liable to the Customer who is the Consumer and the Entrepreneur referred to in § 2 point 11 of the Regulations, in the event of non-compliance of the Service with the Agreement that existed at the time of delivery and became apparent within two years from that moment, if the defect was found before the expiration of two years from the date of delivery of the Service to the Customer. It is presumed that the lack of conformity of the Service with the Agreement, which became apparent before the expiration of one year from the time of delivery of the Service, existed at the time of its delivery.
If the Service is inconsistent with the Agreement, the Customer may request compliance with the Agreement. The complaint should contain: the Customer's data, information regarding the Service and the Order, the description and date of finding the defective operation of the Service and the Customer's request. The Customer is also obliged to provide the original or a copy of the Proof of Purchase or other proof confirming the purchase of the advertised Service.
In order to facilitate the complaint procedure, the Seller makes available on the Website the Complaint Form constituting Appendix No. 1 to these Regulations.
Complaints should be submitted:
a) in the case of paper form — by correspondence to the Seller's e-mail address: support@icproject.com,
b) in the case of electronic mail form — to the Seller's e-mail address: support@icproject.com.
If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller will ask the complainant to supplement it to the indicated extent.
The Seller undertakes to consider the complaint submitted by the Customer, who as part of the complaint requested the removal of the defect, within 14 days from the date of its submission or completion by the Customer. If the Seller, in the case referred to in this point, does not respond to the complaint within the indicated period, it is assumed that he has considered the complaint to be justified.
The Seller brings the Service into compliance with the Agreement within a reasonable time from the moment when the Seller was informed by the Customer about the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Service into compliance with the contract shall be borne by the Seller.
If the Service is not in accordance with the Agreement, the Customer may submit a declaration of price reduction or withdrawal from the Agreement when:
a) bringing the Service into compliance with the Agreement is impossible or requires excessive costs in accordance with points 5 and 6 above,
b) The Seller has not brought the Service into compliance with the Agreement,
c) the lack of conformity of the Service with the Agreement persists even though the Seller has tried to bring the Service into compliance with the Agreement,
d) the lack of conformity of the Service with the Agreement is significant enough to justify a reduction in the price or withdrawal from the contract without first taking advantage of the protection measure specified in points 5 and 6 above,
e) it is clear from the Seller's statement or circumstances that he will not bring the Service into compliance with the Agreement within a reasonable time or without undue inconvenience to the Customer,
The reduced price must remain in such proportion to the price resulting from the Agreement in which the value of the non-conforming Service remains to the value of the Service in accordance with the Agreement. If the Agreement provides that the Service is delivered in parts or on a continuous basis, the price reduction shall include the length of time during which the Service remained inconsistent with the Agreement.
The Seller shall refund the price due as a result of exercising the right of withdrawal from the contract or reduction of the price immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the contract or reduction of the price.
The Customer may not withdraw from the Agreement if the Service is provided in exchange for payment of the price and the lack of conformity of the Service with the Agreement is insignificant. It is presumed that the lack of conformity of the Service with the Agreement is material.
The Seller shall refund the price using the same method of payment used by the Customer, unless the Customer has expressly agreed to another method of refund, which does not entail any costs for him.
The Seller may change the Service, which is not necessary for its compliance with the Agreement, only if the Agreement so provides and only for the legitimate reasons indicated in this agreement. The Seller does not make changes to the Service provided on a one-time basis.
If the change referred to in the previous point significantly and negatively affects the Customer's access to or use of the Service, the Seller will inform the Customer of his right to terminate the Agreement without observing the notice period within 30 days from the date of making the change.
The Customer's right resulting from the preceding paragraph shall not apply if the Seller has provided the Customer with the right to retain, at no additional cost, the Services in the unchanged state.
The provisions of this paragraph do not apply to the Entrepreneur, with the exception of the Entrepreneur referred to in § 2 point 11 of the Regulations. The Seller's liability under warranty to Customers who are Entrepreneurs is completely excluded.

§ 10. WITHDRAWAL FROM THE CONTRACT.

The Customer who is a Consumer and an Entrepreneur, referred to in § 2 point 11 of the Regulations, has the right to withdraw from the Agreement as a contract concluded at a distance, without giving any reason, within 14 days from the date of receipt of the subject of the Service, unless the exclusion referred to in point 7 of this paragraph applies.
The exercise of the right referred to in the previous point requires the Customer to submit a declaration of withdrawal from the Sales Agreement within the indicated period:
a) in the case of paper form — by correspondence to the Seller's address: ul. Malików 150d; 25-639 Kielce,
b) in the case of e-mail — to the Seller's e-mail address: support@icproject.com.‍
In order to facilitate the submission of a declaration of withdrawal from the Agreement, the Seller makes available on the website of the Online Store a model of the declaration constituting Appendix No. 2 to these Regulations.
By withdrawing from the Agreement, the Customer is obliged to stop using the Service and making it available to third parties.
The Seller shall refund the price of the Service to the Customer, no later than within 14 days from the date on which the Seller was informed of the withdrawal from the Agreement.
The Seller shall refund the payment using the same method of payment used by the Customer when purchasing the Service, unless the Customer has expressly agreed otherwise to return the Service.
The details regarding the exercise of the right of withdrawal from the Agreement — as a contract concluded at a distance — are determined by the provisions of the Consumer Rights Act.
The provisions of this paragraph do not apply to Customers who are Entrepreneurs, in their case the right to withdraw from the Sales Agreement is excluded — which does not apply to Entrepreneurs referred to in §2 point 11 of the Regulations.

§ 11. LIABILITY.

The Seller is not responsible for possible damages caused by the provision by the Customers of false, outdated or incomplete data.
Customers are solely responsible for how they use the Software provided to them for a fee.
The Customer collects and obtains all data and content provided by the Seller on his own responsibility.
The Seller shall not be liable to the Customers for loss of profits (lucrum cessans) or any damages (damnum emergens), indirect losses, costs and other debts incurred by the Customer in connection with the performance of his obligations related to the performance of the Agreement.
By using the Service and the Software, the Customer being an Entrepreneur releases the Seller from liability for the loss of personal data of third parties, which data has been entered into the Software or has been improperly used or unauthorised disclosed.
The Seller is not responsible for non-performance or improper performance of services by telecommunications operators with which the Customer has concluded contracts.
The Seller is not responsible, in particular, for any actions or omissions of the Customer or its employee; any type of damage suffered by third parties as a result of the actions or omissions of the Customer; interruption of delivery, loss or damage of data; non-performance or delay in the provision of services for reasons beyond the control of the Seller.
The Seller is not responsible for any problems or interruptions in the operation of the Internet network that prevent the Customer from using the Software. In particular, the Seller is not responsible for losses incurred by the Customer as a result of loss of data or inability to transmit data, which were caused by interruptions in access to the Seller's websites.
Neither party shall be liable for damages resulting from the action of Force Majeure.
The Seller is not responsible for the speed of data transmission and related limitations, resulting from the occurrence of circumstances, among others of a technical, technological and infrastructural nature,
The Seller is not responsible for errors in the handling of the Order or other instructions of the Customer, arising as a result of the provision of incorrect data by the Customer,
The Seller reserves the right to introduce restrictions, suspend or terminate the provision of services on the Website or Software, caused by its technical service, maintenance work, expansion or work on improving its functionality in the event that this does not violate the rights of the Partner. At the same time, the Seller undertakes to make every effort to ensure that said breaks take place during the night hours and last as short as possible.

§ 12. PROTECTION OF PERSONAL DATA.

The Seller is the Administrator of personal data of Customers.
The Seller as Controller processes personal data in accordance with the provisions 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 movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), the Act of 10 May 2018 on the protection of personal data (i.e.: Journal of Laws of 2019, pos. 1781) and other relevant provisions on the protection of personal data.
The Customer may consent to the processing by the Seller of his personal data in order to receive the Newsletter to the e-mail address indicated by the Customer.
All detailed rules regarding the processing of personal data, including in particular the purposes and legal bases of processing and the rights of Clients as persons to whom personal data relate, have been included in the Privacy Policy.

§ 13. ENTRUSTING PERSONAL DATA.

The Customer, supplementing his Account with personal data, entrusts them for processing by the Seller.
The Customer declares that he has collected this data in accordance with applicable law, and the Seller declares that he undertakes to use personal data only to the extent necessary for the provision of services.
The Seller undertakes to apply measures to ensure the protection of the processed data and to maintain documentation describing the manner of their processing.
The Seller is not entitled to share personal data with third parties, with the exception of cooperating persons and authorized to process data.
In the event of a violation of the protection of entrusted personal data, the Seller is obliged to report it to the Customer immediately, no later than within 24 hours after receiving such information, taking into account the provisions of Article 33 of the GDPR.
The Seller is obliged to assist the Customer as the Administrator of Personal Data in fulfilling the obligation to respond to the requests of data subjects in the scope entrusted to the processing of personal data.
In case of termination of the Agreement, the Seller is obliged to delete personal data entered by the Customer into the Seller's IT systems.
Detailed information on the processing of personal data can be found in the document Privacy Policy.

§ 14. USE OF THE NAME AND LOGO OF THE COMPANY.

If cooperation is established between the Customer and the Seller, the Customer agrees to the use by the Seller of the company name and the Customer's logo free of charge only within the Website (icproject.com).
The logo referred to in paragraph 1 shall be provided to the Seller by the Customer or obtained by the Seller directly from the Customer's website.
Said use includes the posting of the name of the company and the Customer's logo on the subpages of the Website, including in the sections presenting the industries to which the Customer applies, and in the lists of customers using the Service.
The consent referred to in paragraph 1 is granted simultaneously with the acceptance of these Terms and Conditions and does not constitute marketing consent — it does not include the use of the Customer's name or logo in social media, blog articles, advertisements, promotional materials or other marketing channels outside the Website.
The Customer declares that he has all rights to the company name and logo transferred or acquired in accordance with paragraph 2, and their use by the Seller to the extent specified in this paragraph does not violate the rights of third parties.
The Seller reserves the right to technically adapt the logo format only for the purpose of its correct display on the Website, without making changes in its content or proportions.
The Customer may at any time withdraw the consent referred to in paragraph 1, in written or electronic form, provided that the removal of the company name and logo from the Website will take place within 30 days from the date of receipt of the request by the Seller.

§ 15 FINAL PROVISIONS.

The Seller reserves the right to amend these Terms and Conditions. Changes come into force at the time expressly indicated by the Seller, not earlier than after 7 days from the date of their announcement. Orders placed before the entry into force of the amendments referred to in the preceding sentence will be executed on the basis of the rules in force at the time of their submission. Changes to the Terms and Conditions may be dictated by:
a) change of the conditions of the services provided,
b) the need to adapt the Regulations to legal changes,
c) the need to adapt the Rules of Procedure to a decision, judgment or other ruling of the competent court or state body,
d) the need to comply with the legal obligation incumbent on the Seller,
e) editorial changes.
The Seller may expand the range of services offered and make changes to the content of the Regulations. The changes made must not violate the rights of the Customer in respect of acquired rights.
The Seller reserves the right to apply instructions, temporarily suspend and, as a last resort, delete Accounts of Customers who, despite the application of prior warnings, violate the provisions of these Terms and Conditions, hinder the use of the Website or the Software by other entities or violate the provisions of generally applicable Polish law.
In the case of Agreements concluded with Customers conducting business activities in the form of a civil partnership, in the event of dissolution of the User's company, the partner who concluded an agreement with the Seller or to whose e-mail address a link used to confirm the registration of the Account on the Website is entitled to continue using the Services. In the event that, despite the application of the above rule, it is not possible to determine which of the Clients is entitled to use the Services, the Seller considers the Customer who first contacts the Seller as entitled.
The Seller undertakes to supervise the proper functioning of the Software, as well as to make the necessary updates.
The Parties undertake to inform each other about each change of address, telephone number, e-mail address and any data necessary for the execution of the Agreement. In case of breach of this obligation, all correspondence, including an invoice sent to the previous address or e-mail address, shall be deemed to have been effectively delivered.
Any disputes between the Seller and the Customer — subject to their mutual consent — will be settled amicably or in the presence of an independent and impartial mediator.
The Buyer who is a Consumer may:
a) use the out-of-court methods of dealing with complaints and pursuing claims referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes and the entity entitled to conduct proceedings for out-of-court resolution of consumer disputes, to which the Seller is subject, is... Trade Inspectorate in Kielce (address: ul. Henryka Sienkiewicza 76, 25-501 Kielce, e-mail: wiih.kielce@pro.onet.pl, website: www.wiihkielce.pl),
(b) lodge a complaint via the EU ODR online platform, available at the following link: http://ec.europa.eu/consumers/odr/.
In the absence of the possibility of amicable settlement of the dispute, the court with local jurisdiction to hear disputes will be the court competent for the registered office/main establishment of the Seller, and in the case of the Buyer who is a Consumer, the court competent according to the general rules.
In matters not regulated by these Regulations, the relevant provisions of generally applicable law will apply, including in particular the provisions of the Civil Code, the Act on Consumer Rights, the Act on Copyright and Related Rights and the provisions on the protection of personal data.
The Terms and Conditions are valid from 14.08.2025.

‍