PLATFORM TERMS OF SERVICE
§ 1 PURPOSE OF THE TERMS
- The Terms set forth the conditions for the use and performance of the online service and web platform “Giulio“, as well as the rights and obligations of Users of the Service.
- The Platform is a tool that allows logged-in Users to the develop and create digital collaborative questionnaire regarding the Deal, the subsequent gathering, storage, and management of associated information, as well as any additional services which can be offered periodically.
- Using Services is only possible on condition that the User accepts these Terms. First Use of the Service is considered as acceptance of the Terms and the conclusion of the agreement for the provision of electronic services.
- The Services are intended for individuals aged eighteen (18) years or older. By completing the registration forms and requesting access to Services, User confirms and declare the age requirement.
- The provisions contained in these Terms constitute Regulations for the provision of services by electronic means within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on electronic services by Service Provider.
§ 2 DEFINITIONS
For the purposes of these Terms, the following capitalized terms shall be defined as follows:
- Agreement – has the meaning given in § 4, section 4.
- Platform – platform named Giulio, owned by the Service Provider’s via address https://app.giulio.ai accessible for Users or through other address https://new.giulioapp.com where sign up and log in links are available.
- Civil Code – means the Act of 23 April 1964, the Civil Code.
- Consumer – means a natural person performing a legal action with an entrepreneur that is not directly related to his economic or professional activity.
- Materials – all materials, studies, notes and other files, prepared using the Platform’s functionality that enables the development of materials using artificial intelligence (AI).
- Password – combination of characters created by the User and used to secure access to the Service.
- Deal – refers to a collaborative digital environment within the Giulio platform where Users can collectively gather, manage, and process information related to a specific Deal, transaction, or inquiry. A Deal may include, but is not limited to, the creation and answering of questions, the uploading and sharing of files. User can join the Deal only after an invitation to participate in the Deal form the Owner.
- Owner – is a User within the Giulio platform who possesses the highest level of access and control over a Deal. The Owner is authorized to create and manage the Deal, add and answer questions, upload files, manage user permissions, and perform all necessary actions related to the Deal. The Owner has the exclusive right to invite, assign, or remove other users from the Deal and can add comments and engage in chat communications as part of the collaborative process.
- Responder – is a User within the Giulio platform who is granted access to a Deal by the Owner. The Responder is authorized to answer questions within the Deal and may also add questions, upload relevant files, and participate in discussions through comments and chat. However, a Responder does not have the authority to manage user permissions within the Deal.
- Observer – is a User within the Giulio platform who is granted viewing access to a Deal. The Observer can view all aspects of the Deal, including questions, answers, and files, but cannot modify any content. The Observer is permitted to add comments and participate in chat discussions but has no authority to create, manage, or answer questions within the Deal.
- Service – access to and use of the Platform made available for Users under these Terms. The service can be provided free of charge in the basic version or in the extended version by Subscription. Services are directed for both individuals and companies, whether they are engaged in business activities independently or functioning as consumers.
- Service Provider – Giulio spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław at: Wolbromska Street 14/2, 53-148 Wrocław, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław, VI Economic Department of the National Court Register under the KRS number: 0001030618, NIP: 8992957655, REGON: 52507587900000.
- Subscription – means paid access to the Service, where the scope and amount of the monthly fee depend on the selected Subscription option according to the price list of the Services or the price negotiated with Service Provider representatives.
- Terms – these Terms of Service.
- User – a single natural person contracting the Service Provider to deliver Services, who has an individual User Account enabling the use of the Platform or a person representing a legal entity who is authorized to establish User Account on behalf of the legal entity.
The Users include: Owner, Responder and Observer.
- User Account – an individual access of each User to the Platform, determined by the Login, Password,allowing the User to create Deals, store the User Content, create Materials and cooperate with invited Users in the platform.
§ 3 TECHNICAL REQUIREMENTS
- The use of the Service is possible using any terminal device with access to the Internet and a web browser, the type and version of which are compatible with the web browsers for which the Service has been adapted.
- The User is required to provide the above-mentioned device with access to the Internet and the appropriate version of web browser.
- The Service has been adapted to work properly in the following browsers: Chrome.
§ 4 USER RIGHTS AND OBLIGATIONS
- The full use of the Platform requires the creation of User Account by the User. Service Provider or third parties acting on behalf of the Service Provider offer trial versions and paid versions (Subscriptions) of the Services, including with a free period.
- Users can create an account by signing in via Google Account or by providing email and password .
- Only the User who has an active User Account in the Platform can use all Services, upload files as well as archive them in his/her account, create Materials and User Content are saved and available on the User’s Account until close or deletion.
- From the moment of completing the registration, the User may use the User Account. From this moment, the User is bound with Service Provider by an agreement for the provision of services by electronic means, in which the Service Provider provides the User with an Account (the “Agreement”). This Agreement is concluded for an indefinite period of time. Creating an Account is equal to entering into a Data Processing Agreement with the Service Provider and submission of an Confidentiality Commitment.
- Service Provider may block a User Account if will have reasonable grounds to believe that an unauthorized person is attempting to use User Account. Service Provider will inform the User about the blockade by sending a message to dedicated e-mail address.
- Service Provider may terminate the Agreement for the provision of services by electronic means, under which Service Provider provides the User with an Account. However, in the case of Users who are Consumers, Service Provider may do so only for an important reason, which is considered to be only one of the following reasons:
- if User use or attempt to use the Platform to commit a crime;
- in case of violation of these Terms.
- The User may terminate the Agreement in any case by requesting the Service Provider to close the User’s Account. The User may make the request by email e-mail: [email protected] or in writing to Service Provider’s address. Termination of the Agreement results in deleting the Users’ accounts together with all data and backup copies.
- The User can also delete the account himself by closing the account in the user account settings.
- Changing the password is possible at any time through users’ settings.
- The User shall use the Service in accordance with the provisions of these Terms.
- It is prohibited to provide unlawful content, in particular content that is offensive, untrue, or misleading.
- User may use Materials for his/her own use, including in the course of his/her business and for commercial purposes.
- INDEMNIFICATION User agrees to indemnify Service Provider for any foreseeable direct loss, damage and reasonable costs (including reasonable attorney’s fees and costs) incurred by Service Provider in connection with: (1) any breach by User of any of the provisions of these Terms (including any additional terms and conditions of User incorporated herein); (2) anything published or otherwise made available by User, including entered in the Materials; (3) any activity in which User engages in or through the Service; and (4) any violation of any law or the rights of a third party by User.
§ 5 RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
- The Service Provider undertakes to provide services with due diligence and standards specified in the Terms of Service.
- The Service Provider shall not be liable for the consequences of disclosure by the User of the login and password to third parties.
- The Service Provider shall not be liable for improper performance of services due to:
- failure of User to fulfil the technical requirements necessary to use the Platform, as referred to in §3 above,
- action of third parties,
- circumstances beyond the Service Provider’s control,
- lack of satisfaction with the Materials, developed by AI.
- The Service Provider shall have the right to temporarily suspend the provision of services preserving the data on the server.
- The Service Provider shall not be responsible for any incorrect operation of the Platform if it results from improper use of the Platform by the User.
- To the fullest extent permitted by Polish law, the Service Provider’s liability for damage incurred, including in connection with the use of the Platform, or the Service Provider’s liability for lost profits, including in connection with the use of the Platform, is excluded. The maximum liability of the Service Provider to the Users for damage caused in connection with the use of the Platform shall be limited to the total amount of fees paid to the Service Provider under the Agreement.
- The Service Provider shall have the right to suspend or limit access to the Service to a particular User if they use the Platform in a manner inconsistent with these Terms.
- The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law and subject to any non-exclusive rights and remedies the User may have under applicable law, the Service Provider, its licensors, and suppliers expressly disclaim all warranties of any kind, express or implied, including but not limited to warranties of merchantability, for a particular purpose or non-infringement. The Service Provider does not warrant that User’s use of the Service will be uninterrupted or error-free, does not warrant that it will verify User data for accuracy, or that it will retain or maintain User’s data without loss. Users acknowledge that use of the Service involves transmission of User data over networks that the Provider does not own, operate, or control, and that the Service Provider is not responsible for any user data lost, altered, intercepted, or stored over such networks. The Service Provider shall not be responsible for delays, interruptions, service failures or other problems associated with the use of the Internet and electronic communications or other systems beyond its reasonable control.
- User may use the Service in conjunction with third party websites, platforms, or platforms (including but not limited to creating a User Account. Use of the third-party Services is subject to the terms and conditions applicable to such third-party Services. The Service Provider makes no representations or warranties with respect to the Third Party Services and expressly disclaims any and all liability arising from use of the third-party services.
§ 6 USE OF THE PLATFORM
- Within the Platform, Users can create Deals. Each Deal is assigned to the Deal Owner, who has the authority to send invitations to cooperate with other Users (Responders and Observers), and to manage files in the Deal. The deal can have multiple Owners
- Each User by accepting the invitation and joining the Deal must create User’s Account, accept these Terms of Service and submit a Confidentiality Commitment.
- Specifically, the Platform enables the creation of Materials through functionalities such as: scanning and analysing documents using artificial intelligence simplifies data extraction and answering questions, generating comprehensive Deal summaries, an advanced search function that quickly locates relevant information, enabling Users to find what they need precisely and efficiently, and creating custom templates to streamline workflows.
- Users shall only use the Services in full compliance with the conditions set forth in these Terms and according to the limits which include, among others, limitations to the number of deals (5), number of questions (500), number of generated summaries (5), file storage usage (5 Gigabytes) during the Free Trial Period or. If those limits are crossed the Service Provider has the right to suspend the account and cut the access to functionalities of the Platform.
- In the event that the authorized responses limits are reached, Service Provider is not required to collect, store and/or process any response in excess of the applicable limits.
- Within the Platform, users can also use Chat, used to communicate while working on the Deal. The Service Provider is in no way responsible for the content sent by Users within the Chat.
- Users by creating an account, undertake to maintain a proper culture of information, not to violate the rights of third parties and not to use prohibited or offensive content within the Chat.
- Templates accessible within the application are provided ‘as is’ for informational purposes only and do not constitute advice or a recommended course of action. We make no representations or warranties regarding the accuracy, completeness, or suitability of these templates, and we disclaim all liability for any loss or damage resulting from their use or reliance upon them by users.
§ 7 SUBSCRIPTIONS
- The Service is available in a free trial version – the basic version, available after creating an account, as well as it might be available in paid versions, within a paid subscription.
- User may purchase a paid Subscription directly from the Platform by logging into his/her User Account and purchasing a Subscription, as long as the Platform provides for this possibility. In this case, the Price List will be posted on the Platform, or the Contact with the Company will be required to obtain such pricing.
- From the moment the User selects Subscription, he/she may use the selected Service option. As of that moment, the User is bound with the Service Provider by an agreement for the provision of services by electronic means, under which the Service Provider provides the Service within the selected Subscription option (the “Subscription Agreement“). The Subscription Agreement is concluded for an indefinite period of time.
- The Service Provider may periodically change the price of paid Subscriptions, including periodic subscription fees. The Service Provider will inform Users of any price changes in advance by appropriate notice. Price changes will take effect at the beginning of the next subscription period following the date of the price change. In accordance with applicable law, by continuing to use the Service after the price change takes effect, the User accepts the new price. If the User does not agree with the price change, he/she has the right to reject such changes by cancelling the paid Subscription before the price change takes effect.
- If the Subscription variants are changed, for the User who concluded the Subscription Agreement, the package remains unchanged until the cancellation of the Subscription.
§ 8 TRIAL VERSION
- Trial version of the Platform is free, then continuation of the paid Subscription requires payment of a monthly fee in advance, according to the pricing list or price.
- During the trial period, the User has the option to cancel the Subscription agreement at no cost.
- The free trial version may be terminated at any time during its term by the Service Provider or the User. In case of an early termination of the free trial version, the free trial version will not be continued as a paid Subscription.
§ 9 PAYMENT
- For paid Subscriptions, payment to the Service Provider shall be made at the end of each one-month subscription period, until the User cancel the paid Subscription before the end of the current subscription period.
- The User can make payments in one of the chosen forms available in the Platform, made available by the payment operator (e.g. via credit card or debit card, as well as by making a transfer). Detailed rules for making payments are determined by the payment operator processing payments in the Platform on behalf of the Service Provider.
- The list of currently available payment methods will be indicated each time during the Subscription purchase process.
- Service Provider is not responsible for errors, delays, or interruptions in the provision of services by third parties, including payment operator.
- Monthly payments must be credited to the Provider’s account no later than the last day of the billing month.
- If payment is not recorded on the first day of the 30-day billing period (i.e., the card is declined or the transfer is not posted), Subscription will be withheld until payment is recorded. The User will be informed of the suspension of the Services by e-mail, to the address indicated in the User’s Account.
- During the period of suspension of the paid Subscription, the User will be able to use the free version of the Platform.
- If a late payment is recorded, the suspended paid Subscription will be renewed within 3 (three) days after the payment is credited. The User is not entitled to a refund for the suspension period.
- In the case of suspension of the paid Subscription due to late payment and resumption due to payment, the previous billing period remains unchanged, which means that the next payment will be due on the last day of the billing period as if the delay in payment did not occur.
- After 14 days of suspension, the Service Provider has the right to cancel the User’s account.
§10 TERMINATION OF SUBSCRIPTION
- The User may terminate a paid Subscription at any time. Termination can be done by cancelling the subscription in the User’s Account or by contacting the Service Provider at the email address: [email protected].
- In case of cancellation of paid Subscription, the Subscription will be cancelled as of the day after the last day of the current Subscription period, and the version of the Service will be downgraded to a free version. There are no refunds for any partial subscription periods unless expressly stated in these Terms.
- The User may renew the paid Subscription or change the Subscription option at any time, but the 30-day trial period is not available for renewal.
§11 CUSTOMER SUBSCRIPTION AGREEMENT WITHDRAWAL
- The Customer has the right to withdraw from the Subscription Agreement concluded with the Service Provider through the Platform within 14 days after its conclusion without giving any reason.
- In order to exercise the right of withdrawal, the Customer must inform the Service Provider by sending a statement of withdrawal to the address indicated in § 2 point 8 of his or her decision to withdraw from the Subscription Agreement (for example, by letter or via e-mail).
- If any payment for the Service was made by the Consumer up to the time of withdrawal from the Subscription Agreement, the amount paid shall be promptly refunded to the Consumer by the Service Provider in the exact manner in which the payment was made. If payment has not been made, no refund applies.
§ 12 PERSONAL DATA PROTECTION
- Users’ personal data submitted within the User Account shall be processed in accordance with the Privacy Policy available at: https://new.giulioapp.com/privacy-policy-2/.
- In issues related to the processing of personal data, please contact: [email protected]
- If the User’s Account is deleted or the subscription is terminated. the User’s personal data will be removed from the Platform 1 months after one of the above circumstances.
- The Provider notes that data collected on the Platform can be used for AI systems learning and Platform development, a process in which the system improves its performance and accuracy in performing tasks based on experience. In any case, the data is processed in accordance with applicable regulations maintaining appropriate data protection standards. Among these, data may be anonymized for the development of the Platform.
§ 13 CLAIMS
- Users are entitled to make a claim in matters relating to the Service.
- The claim should be submitted by e-mail to the address [email protected] or to another dedicated address generated by the Service Provider and agreed in writing to the registered address of the Service Provider.
- The Service Provider recommends providing in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the expectations of the User; and (3) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- The Service Provider shall make every effort to respond to the claim without undue delay, but no later than within 14 (fourteen) days from the date of receiving the claim containing all the information necessary for its resolution.
- The Platform and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law and subject to any non-exclusive rights and remedies the User may have under applicable law, Service Provider, its licensors, and suppliers expressly disclaim all warranties of any kind, express or implied, including but not limited to warranties of merchantability, for a particular purpose or non-infringement. Service Provider does not warrant that User’s use of the Platform and/or the Service will be uninterrupted or error-free, does not warrant that it will verify Materials, User Content for accuracy and/or legality, or that it will retain or maintain User Content or other User’s data without loss. Users acknowledge that use of the Service involves transmission of User data over networks that Service Provider does not own, operate, or control, and that Service Provider is not responsible for any user data lost, altered, intercepted, or stored over such networks. Service Provider shall not be responsible for delays, interruptions, service failures or other problems associated with the use of the Internet and electronic communications or other systems beyond its reasonable control.
§ 14 PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
- The Service Provider represents and warrants that it has the right to provide the Service.
- Use of the Platform by the User or other persons does not imply that they acquire any rights to the Platform or intangible property rights to the works made available.
- It is not permitted to copy, modify, or distribute the Platform in whole or in part, or to modify or use it in a manner other than that specified by the Terms, without the written consent of the Service Provider.
- The User using the Platform does not receive ownership of any copyrights in the Platform.
- In the case of use of the Platform, in particular, subject to the provisions of §16, the Service User is granted only – under the conditions indicated in the Terms – a free, non-transferable, non-transferable and non-sublicenseable, valid worldwide and non-exclusive license entitling him to use the Platform and the Materials generated therein, in a manner consistent with its purpose, with these Terms, and in a manner consistent with the law and good morals, bearing in mind respect for the personal rights, personal data and copyrights and intellectual property of the Service Provider, other Users and third parties, in particular, with regard to the materials contained in the Materials.
- Under the license the User is authorized to use the Platform and Materials in accordance with its purpose and these Terms, and solely for its use.
- The license is granted at the time of conclusion of the Agreement and for the duration of the Agreement.
- Trademarks of the Service Provider and third parties should be used in accordance with applicable laws.
- Users may upload or otherwise submit content to the Platform (“User Content“). For the avoidance of doubt, “User Content” is all information, materials and other content that is added, created, uploaded or distributed, on the Platform. The User is solely responsible for all User Content published by the User. The User represents that with respect to any User Content that the User publishes, (1) the User owns such User Content or has the right to publish such User Content, (2) such User Content or the Provider’s use of such User Content under the license granted below does not: violate these Terms and Conditions, applicable law, or the intellectual property or other rights of third parties.
§ 15 NOTIFICATION RESPONSE PROCEDURES
- The Service Provider shall have the right to intervene in the development of the data structure, Platform settings and User privileges, if it fulfils the requests made by the User or if these actions are required for the proper operation of the Platform and do not cause data loss.
- Notifications relating to the support of the use of the Platform, including its potential operation errors may be sent by the User via e-mail to [email protected]
- The Service Provider is not obliged to make notified changes, in particular changes to the Platform and the data entered. Under certain circumstances, the Service Provider may offer to make some changes upon payment of a fee, based on an individually prepared estimate.
§16 DISCLAIMERS RELATED TO THE USE OF AI
- Materials in the Platform can be developed by artificial intelligence.
- The User is fully responsible for the use of the generated Materials, In particular, the Service Provider notes that the Materials are prepared using AI and cannot be considered professional advice, and that the Service Provider is not responsible for decisions made after the influence of the Materials.
- The User may use the Materials for any lawful purpose, subject to compliance with these Terms and acceptance that such use is at the User’s own risk.
- For use of the Materials towards third parties, User must inform the recipients that the content is generated by artificial intelligence.
- User may publish content created in part using AI Products under the following conditions: the published content is attributed to the User’s name, the role of AI in creating the content is clearly disclosed in a manner that no reader could overlook and that a typical reader would find easy enough to understand.
- The Service Provider makes no warranty or guarantee as to the accuracy, completeness or reliability of the Materials and assumes no liability arising in any way from User’s use of the materials created in the Platform or any omissions or errors contained in the materials.
- Service Provider strongly recommend the User obtain professional and independent advice before acting on any advice contained in the materials.
- We reserve that the materials are searched and placed in the Materials by artificial intelligence. The Service Provider is in no way able to verify that the materials used, available on public sources and the Internet, do not violate the rights of third parties, and therefore the Service Provider makes no representations about their origin.
- The Service Provider, to the fullest extent permitted by law, shall not be responsible for the services provided by AI providers, for the operation of AI, including the occurrence of any malfunctions, and for any content and advises generated by AI. In particular, the Service Provider is not responsible for interruptions in service related to technical faults and service interruptions of AI providers.
§17 MISCELLANEOUS
- These Terms are available on the website https://new.giulioapp.com
- Service Provider reserves the right to change the Terms at any time.
- By using the Service after the effective date of any changes to these Terms, the User will be deemed to have accepted such changes. If the User decides not to use the Service after the updated Terms become effective, the User may delete his/her account by contacting the Service Provider.
- In the case of changes to the Terms the User will be informed of the change by at least one of the two methods of informing about the changes:
- sending information by email to the User address provided as part of creating the User Account,
- information about the need to accept the new version of the Terms during the User Account renewal process.
- Any changes to the Terms become effective on the day they are published on the website https://new.giulioapp.com subject to point 4 of this paragraph. Using the Service means acceptance of the Terms.
- The Service Provider may assign the provisions of these Terms and may assign or delegate in whole or in part any of its rights and obligations under these Terms and Agreement. User may not assign these Terms and Agreement, either in whole or in part, nor assign his/her rights under the Terms and Agreement, nor sublicense such rights to any third party.
§18 DISPUTE RESOLUTION AND GOVERNING LAW
- To the extent permitted by applicable law, these Terms and any disputes or claims arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are exclusively governed by and construed in accordance with the laws of Poland.
- Except where prohibited and without limitation to any statutory rights for Consumers, the User agrees that the courts of Poland with local jurisdiction over Service Provider registered office shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter.