TERMS AND CONDITIONS OF THE

KEYSOFT.PRO ONLINE SERVICE

Thank you for visiting the website of our service and application available at the Internet address http://keysoft.pro (hereinafter referred to as "Keysoft", "Online Service" or “Service”).

Keysoft is an application, a program available over the Internet Service and consisted of a number of tools to facilitate, among others, monitoring and verifying position of Online Services on the Internet and videos posted on YouTube, analyzing keywords and web pages in order to improve search results on the Internet and creating useful reports (hereinafter referred to as "Application", "Application Keysoft").

The form of these terms and conditions assumes to establish general principles and conditions for use of the Application and the Online Service. These terms and conditions, in the event of a decision by the service user to use Keysoft, regulate in particular conditions of use of the Application and the Online Service, including issues of our responsibility.

We invite you to read the terms and conditions,
Keysoft Team

1) DEFINITIONS

1.Definitions used in these Regulations means:

a. APPLICATION, APPLICATION KEYSOFT – the Electronic Service available on the Online Service; application/program available via Online Service that allows the Service User through its functionalities i.a. to monitor and verify the position of websites on the Internet and videos posted on YouTube, to analyze keywords and web pages in order to improve search results on the Internet and to create useful reports. A detailed description of the functionalities and services available within the Application is indicated in the Documentation.

b.PRICE LIST – the price list of subscription plans available on the Online Service’s website.

c.DOCUMENTATION – description of functionalities, operation and elements of the Online Service and the Application available on the Online Service’s website.

d.CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).

e.SERVICE USER’S ACCOUNT – an electronic account on the Online Service that allows the Service User to access the Application, using it in terms of and in accordance with the Documentation and manage the Application. An electronic account is a part of the Application, is given an individual e-mail address (email address) and password, and is a collection of resources and functionalities available in the ICT system of the Service Provider, which collects data provided by the Service User and information about their activities in the Application.

f.NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive from Service Provider regular contents of subsequent editions of the newsletter, including information on new additions in the Application and the online Service.

g.COPYRIGHT ACT – the 4th of February 1994 Copyright and Related Rights Law (Dz. U. No. 24, pos. 83, as amended.).

h.TERMS AND CONDITIONS – the following terms and conditions of using the Application and the Online Service.

i.ONLINE SERVICE, SERVICE, KEYSOFT – the online service of the Service Provider available at the Internet address http://keysoft.pro including its subdomains.

j.SUBSCRIPTION - payable access to the Application in a subscription model under the conditions specified in the Terms and Conditions of the Service.

k.ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Service under the Terms and Conditions.

l.SERVICE USER – (1) a natural person with full legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which uses or intends to use Electronic Services available in the Online Service.

m.SERVICE PROVIDER – SAIGY MEDIA ILONA KALETA entered into the Central Registry and Information on Business of the Republic of Poland (PL-CEIDG) kept by the competent minister of economy, with an address of business operation and service address at: ul. Hoża 86 lok. 410, 00-682 Warszawa, Tax ID: 6562302040, REGON: 362178714, electronic mail address: office@keysoft.pro.

n.THE CONSUMER RIGHTS ACT, THE ACT – the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended).

2) GENERAL TERMS OF USING THE APPLICATION AND THE ONLINE SERVICE

1. Keysoft enables the Service User through its functionalities, among other things, to monitor and verify the position of websites on the Internet and videos posted on YouTube, analyzing keywords and web pages in order to improve search results on the Internet and to create useful reports. A detailed description of the functionalities and services available within the Application is indicated in the Documentation.

2. The Service User is obliged to use Keysoft and the Application in a manner consistent with their purpose, with the Documentation, with these Terms and Conditions and in accordance with the law and good practice having regard to respect for personal rights, personal data and copyright and intellectual property of the Service Provider, other Service Users and third parties. The Service User is obliged not to deliver any illegal content.

3. Technical requirements necessary to use Keysoft and the Application: any multimedia device with Internet access and a web browser; access to e-mail; any web browser; any screen resolution and enabling in the web browser the possibility of recording Cookies and enabling JavaScript.

3) ELECTRONIC SERVICES AVAILABLE IN THE SERVICE

1.Each Service User is allowed to use the Online Service under the conditions specified in the Terms and Conditions.

2. The Service User is allowed to use the following Electronic Services in the Online Service:

a. Application;

b. Newsletter.

3. The Service Provider is obliged to provide Electronic Services without defects.

4. Detailed description of the Electronic Services and their mode of operation is available in the Terms and Conditions and in the Documentation on the Online Service's Website.

4) THE CONDITIONS OF USE OF THE APPLICATION

1. Start of using the Application is possible after creating the Service User's Account, i.e. performing a total of three subsequent steps by the Service User – (1) filling out the registration form, (2) clicking the action field and (3) confirming the intention of creating the Account by clicking the confirmation link sent to the provided e-mail address. The registration form requires the Service User to provide the following data: e-mail address and password.

2. Using the Application and each of its functionalities may require the provision of other data by the Service User - each time information about the scope of the required data is given on the Online Service's Website.

3. After creating the Service User's Account it is possible to use the Application in a free-of-charge plan, with limited functionalities. The Service User has an option to use other Application's paid plans after the purchase by the Service User the Subscription under the conditions specified in the Price List.

4. Detailed description of functionalities and services available as part of the Application is indicated in the Price List and in the Documentation.

5. Access to the Application’s paid plans after the purchase of the Subscription by the Service User is activated by the Service Provider within a maximum of 48 hours (typically 1-2 hours) after posting the payment. The Service User is obliged to make the payment immediately, not later than in 7 days.

6. Purchase of the Subscription is possible from the Price List level and on the appropriate tab available as part of the Service User's Account. The fee for the use of the Application is calculated in a subscription model, i.e. the Service user is obliged to make the payment in advance for a their chosen plan and for a period of use of the Application specified in the Price List.

7. In case of expiry of the purchased Subscription's term, the Service User can purchase the next. The fee for the next subscription can be paid in two ways - depending on the choice of the Service user during payment (this choice the Service user may also change during the term of the Subscription by using the option under their account in the Service, or PayPal account):

a. Automatic renewal - fee for the next subscription will automatically be taken before the expiry of the previous Subscription - this is the default option when making payment.

b. Manual renewal – fee for the next subscription has to always be taken in the same way as for the first.

8. The Service Provider makes available the following methods of payment:

a. Electronic payments via PayPal (the payment system is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A. Company, registered in R.C.S. Luxembourg under the number B118 349).

9. The Service Provider shall issue the Service User an invoice in electronic form and send it to the email address specified by the Service User as part of the Account. Issue of an invoice requires former provision of billing data by the Service User as part of their Account.

10. The Service User is obliged to update their current data provided as part of the Account in the case of a change.

11. The Service User is allowed to own more than one Account in the Online Service at the same time.

12. The Service User, at any time and without giving a reason, can resign from the Application by sending an appropriate request to the Service Provider, in particular via the contact form, to the e-mail address: office@keysoft.pro or in writing to the address: ul. Hoża 86 lok. 410, 00-682 Warszawa. The Service User can also resign from further use of the Application on their own by deleting the Service User's Account, using options available as part of the Account. In case of resignation from the Application during the purchased Subscription, Service Provider shall immediately return the Service User's funds in proportion to the unused period.

5) THE CONDITIONS OF USE OF THE NEWSLETTER

1. Use of the Newsletter is free of charge and is possible after provision of an e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab available on the Online Service’s website and clicking the action field.

2. The Service User has the option, at any time and without stating the cause, to resign from the Newsletter by sending a request to the Service Provider, particularly via e-mail at the address: office@keysoft.pro or in writing at the address: ul. Hoża 86 lok. 410, 00-682 Warszawa.

6) CONTACT WITH THE SERVICE PROVIDER

The essential form of the current communication at a distance with the Service Provider is contact form, electronic mail (e-mail: office@keysoft.pro) and traditional mail (ul. Hoża 86 lok. 410, 00-682 Warszawa), through which the user may exchange with us information about Keysoft. The Service User may also contact us in other ways permitted by law.

7) COMPLAINTS REGARDING THE ONLINE SERVICE

1. Complaints related to the function of the Application may be submitted by the Service User e.g. via electronic mail to the following address: office@keysoft.pro, in writing to the following address: ul. Hoża 86 lok. 410, 00-682 Warszawa or via contact form.

2. It is recommended that the Service User provides the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a Service User's request; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.

3. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission.

8) WITHDROWAL FROM AN AGREEMENT

1. This section of the Terms and Conditions applies only to the Service Users who are consumers and regards agreements concluded between them and the Service Provider.

2. The right to withdraw from an agreement concluded remotely does not apply in the case of agreements (1) on rendering services, if the Service Provider has fully performed the service at the expressed consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Service Provider; (2) in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (3) regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the expressed consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Service Provider of the loss of rights to withdraw from the agreement.

3. With the exception of clause 8 pt. 2 of the Terms and Conditions, consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs.

4. In order to meet the deadline to withdraw from the agreement, it is sufficient to send the declaration of withdrawal before it expires. The declaration of withdrawal may be submitted e.g. in writing at the address: ul. Hoża 86 lok. 410, 00-682 Warszawa or electronically via e-mail at the address: office@keysoft.pro.

5. The course of the term to withdraw from the agreement begins on the agreement conclusion date.

9) EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THOSE PROCEDURES

1. This section of the Terms and Conditions applies only to the Service Users who are consumers.

2. Detailed information regarding the possibilities for Service Users who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available at the offices and websites of district (municipal) consumer advocates, social organizations, whose statutory tasks include the protection of consumers, Regional Commercial Inspection Inspectorates and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php.

3. Consumer may also receive free of charge aid in the matter of settling a dispute, using the free of charge aid of the district (municipal) consumer advocate or a social organization, whose tasks include the protection of consumers (incl. the Consumers’ Federation, Polish Consumers’ Association).

4. At the address http://ec.europa.eu/consumers/odr there is available a platform of online dispute resolution system between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with one-stop service for consumers and businesses seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online sale or an online service contract.

10) COPYRIGHT

1. Copyright and intellectual property rights to the Online Service and the Application as a whole and to its individual components, including content, graphics, works, specimen and marks available as part of it belong to the Service Provider or other authorized third parties and are protected by the Copyright Law and other provisions of generally applicable law. The protection granted to the Online Service and to the Application includes all forms of their expression.

2. The Online Service and the Application should be treated like any other work subject to the copyright protection. The Service User has no right to copy the Online Service, the Application or the Documentation except in cases permitted by the mandatory provisions of law. The Service User also undertakes not to modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to determine the source code of the Online Service or the Application, except in cases permitted by the mandatory provisions of law.

3. The Service Provider’s trademarks should be used in accordance with the applicable provisions of law.

4. The Service User using the Online Service and the Application does not receive any copyright to the Online Service and the Application. The Service User is granted only - subject to the conditions specified in the Terms and Conditions and in a separate agreement regarding the use of Application - non-transferable and non-exclusive license authorizing them to use the Online Service and the Application in a manner consistent with their purpose, with the Documentation, with these Rules and Conditions and in accordance with the law and good practice having regard to respect for personal rights, personal data and copyright and intellectual property of the Service Provider, other Service Users and third parties.

5. A license in case of a paid plan of the Application is granted at a time of the Subscription’s payment and for a specified period – according to the paid Subscription.

11) PROVISIONS REGARDING FIRMS

1. This section of the Terms and Conditions relates exclusively to Service Users who are not consumers.

2. The Service Provider shall be accountable to the Service User who is not a consumer, regardless of legal basis, only to the amount of the last paid Subscription and in case of no Subscription paid, to the amount of 1.000,00 (one thousand) Polish Zlotys. The Service Provider shall be accountable to the Service User who is not a consumer only for typical damage foreseeable at the time of conclusion of the agreement excluding lost profits.

3. The Service Provider shall not be liable to the Service User who is not a consumer, for damages and failure to meet the liabilities resulting due to force majeure or due to any other causes beyond the control of the Service Provider.

12) FINAL PROVISIONS

1. Agreements concluded through the Keysoft are concluded in accordance with the Polish law and are drawn up in Polish.

2. These Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Service Provider, which cannot be excluded by agreement. Service Provider warrants in this case, the consumer protection afforded to them by provisions which cannot be excluded by agreement.

3. Amendment of the Terms and Conditions – the Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; adding new Electronic Services – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions and change in methods of payment. The amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384[1] of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.

4. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204; the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.

Thank you for careful reading!

If you have questions, we are always available - please contact us.

We invite you to cooperation,
Keysoft Team

13) MODEL WITHDRAWAL FORM (APPENDIX 2 TO THE CONSUMER RIGHTS ACT)

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