Freshmail Terms of Use
This document sets out terms of use of services provided by the freshmail.pl website and FreshMail System run by the company FreshMail Sp. z o.o., seated in Kraków at ul. Fabryczna 20A, 31-553 Kraków, registered under Tax Identification Number (NIP) 6751496393 and Business Identification Number (REGON) 123040091, entered into the Register of Business Activity kept by the Mayor of the City of Kraków under entry no. 5742/2008 on 9 September 2008 as FreshMail Sp. z o.o., seated in Karków at ul. Fabryczna 20A, 31-553 Kraków, registered under Tax Identification Number (NIP) 6751496393 and Business Identification Number (REGON) 123040091, hereinafter referred to as FreshMail or Partners of the company FreshMail Sp. z o.o. using Whitelabel Service.
I Definitions
1. Terms – “Terms of Use of the freshmail.pl website and FreshMail System”
2. System – means an IT system available online under the name of „FreshMail” operating in the Saas model (does not need installation on the User’s computer) that you can log into through the freshmail.pl website.
3. Website – FreshMail web-based service available on freshmail.pl
4. User – a person entering into the Contract with FreshMail
5. Service Provider – means FreshMail Danuta Fuksa, seated in Kraków at ul.Fabryczna 20a, 31-553 Kraków, registered under Tax Identification Number (NIP): 945-138-67-91
6. Account – functionalities and resources available and allocated to the User within the framework of the FreshMail system
7. Contract – Contract for services provided online by the FreshMail System, which is concluded between the User and the Service Provider after accepting conditions specified herein and filling in an entry form correctly
8. Recipient – a person having an e-mail address at which e-mail messages are sent by means of the FreshMail system
9. Whitelabel Service – making the System available to the Partner under separate contracts and redistributing it under the brand name of FreshMail or under the name indicated by the Partner.
II Terms of Use
1. The Website provides services based on e-marketing and makes tools offered by the FreshMail System available so that the User may run and control marketing campaigns by sending e-mails, SMS, MMS and by other means of electronic communications via Internet.
2. To use the Website, the System and their resources it is necessary to have a device connected to the Internet including browsing software accepting cookies with a JavaScript program and it is required for the User to have an e-mail account.
3. By registering for the services provided by the FreshMail System, the User takes full responsibility for the content of the messages sent by the User .
4. Using a “single opt in” procedure in API model, the User is required to keep the data relating to the registration time of Recipients.
5. One can use the FreshMail System after going through particular stages of registration for a free test account on freshmail.pl by filling in one’s name and e-mail address.
6. A password to the System shall meet high security requirements set forth in the Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 on personal data processing documentation and technical and organizational conditions which should be fulfilled by devices and computer systems used for the personal data processing
7. The User shall not use accounts set up by other Users and give access to his or her account to another person unless that person is authorized to act on behalf of the User.
8. The account in the FreshMail System cannot be sold, changed, transferred.
9. There are no limits concerning the number of accounts the User may have.
10. Additional and optimizing services are provided within the framework of the FreshMail system such as Inboxtest, SpamTest. The FreshMail reserves the right to add, remove, change, restrict and introduce extra fees for the use of services mentioned above.
11. The Service Provider is at all times entitled to block the access to the User’s account without prior notification if:
1. The User has not logged into the account for more than two (2) months
2. The User breaches any provision hereof.
3. The User does not follow applicable law regulations, in particular regulations specified by the Civil Code of 23 April 1964 (Journal of Laws 1964, No.16, item 94 as amended), Act of 18 July 2012 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204), Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws 2002, No 101, item 926)
4. The fees for using the System are not paid for the period exceeding two (2) months
12. The User is not allowed to:
1. Act against the law and good practices of e-mail marketing (set forth by IAB Polska in the document Good practices of e-mail marketing)
2. Import e-mail addresses and other data belonging to people who have not given their consent directly to the User to receive commercial information by electronic means.
13. Accepting the Terms of Use the User hereby declares that:
1. the User has got acquainted with the Terms of Use and accepts all provisions included in this document
2. the User has joined the System voluntarily
3. the data provided in the entry form and in the account are accurate and true,
4. the User gives consent for personal data included in the entry forn by the User to be processed by the Service Provider for the purposes of correct Contract realization,
5. the User gives consent to receive information from the Service Provider as well as to receive messages sent at the request and in agreement with entities cooperating with him and information on obstructions, changes and technical breaks in System and Website operation,
6. personal data and information relating to the User and other people have been included in the Account lawfully and they do not violate third party rights. The Service Provider shall not be liable for the User breaching the provisions set forth in section no. 12 item f,
7. the User gives consent for VAT invoices for the use of the system to be issued and submitted electronically by the Service Provider. The consent may be at any time cancelled by sending a proper statement to the address of the register office of the Service Provider or by submitting the statement to the Customer Service Center.
14. The Service Provider reserves the right to moderate the manner of Service realization and to refuse to provide the Service.
15. In the SMS service is used it is necessary to complete and send the Service Provider a statement concerning the use of sender’s name on behalf of the Customer.

III Payments
1. The User may choose the manner of payment.
2. The amounts of fees have been determined and can be found on freshmail.pl/cennik
3. The User may pay being logged into the account by means of available payment methods. Payments made are not subject to return.
4. An electronic VAT invoice is issued after the payment is made.
5. The User may track the history of payments by clicking Payments tab to view History of payments „Payments>History of payments” (PL:Płatności > Historia płatności”)
6. There are two payments methods the User may choose:
1. Prepayment – advance payment for a specified number of messages to be sent
2. Without limits – depends on the selected number of Recipients
The User has the right to buy any number of packets included in the price list. The System will automatically extend the validity of the Account in case of paying a Lump Sum or will automatically fill up the Account by the number of credits purchased.
7. The Account shall be filled up or extended after the payment has been credited by the User to our account.
IV Obligations
1. The Service Provider shall not be held liable for any damage, loss of data, information or income incurred as a result of a failure to submit the data or information to the Campaign Recipient or another addressee or due to delays in submitting them or technical breaks in System or Website operation which may appear for reasons beyond the control of the Service Provider such as events whose occurrence could not have been prevented despite due diligence efforts of the Service Provider.
2. The Service Provider shall be obliged to keep data basis gathered by the User and any of its parts in strict confidence.
3. The Service Provider shall not be held liable for the unlawful use of the System by the User.
4. The User takes full responsibility for the content of data the User is sending in accordance with law regulations.
5. The User, subject to the Act on copyrights and related rights cannot:
1. Permanently or temporarily reproduce the System in its entirety or in part by any means and in any form.
2. Reproduce the System code or translate its form as provided for in art. 74 sec. 4 point 1 and 2 of the Act of 4 February 1994 on copyrights and related rights (Journal of Laws 2000, No. 80, item 904).
3. Observe, study and test the way the System operates in order to get familiar with the idea and rules of the entire System but only if it was done without any connection with the use of the System described in the Contract.
4. Use the System in a way that is against the law.
5. Use the System in a way that violates good practices of e-mail marketing
6. Import e-mail addresses of people who have not given consent to receive commercial information by electronic means from the User.
6. The Service provider shall not in any way interfere with the content of sent messages unless otherwise expressly provided in the Contract.
7. The User shall take full and sole responsibility, including liability for damages, for consequences of Campaigns sent by the User. It particularly applies to incurred losses, sending messages with obscene and forbidden content and those treated as spam, thus those that violate provisions of the act on services provided by electronic means.
8. In the event when the Service Provider receives credible and documented information that messages with content that violates the provisions of the act on services provided by electronic means have been sent via the System, then the Service Provider has the right to block User’s access to the System until the day of presenting necessary explanations by the User.
9. The Service Provider is obliged to provide services of the highest quality.
10. The Service Provider shall be not be held liable for disturbances in System operation if they resulting from factors such as force majeure, equipment breakdown, User’s improper use of the System even if Users lost their data in consequence.
11. The Service Provider shall not be held liable for temporary unavailability of the System that results from actions aiming at changing and upgrading the System. As far as it will be possible, Users shall be notified of planned technical breaks and their duration.
12. The Service Provider shall not be held liable for third parties unauthorized use of materials posted by the User.
13. It is forbidden for the User to use graphic elements, their arrangement, composition and marks covered by the rights the Service Provider is entitled to unless otherwise expressly provided herein or unless the Service Provider gives his consent to it.
14. The Service Provider reserves the right to moderate the contents sent by the User. Moderation shall be done by workers of the Customer Service Center or by System Administrators.
15. Moderation of contents applies to the Users using the System based on the Prepaid or Lump Sum payment option. In the event of Users who signed the Contract for services, the necessity for moderation expires after a month from the date of signing the contract.
16. On working days moderation is done regularly from 8 a.m. to midnight whereas on days outside regular working days the Service Provider reserves the right to extend the moderation time to 12 hours.
V Final provisions
1. The Service Provider is entitled to amend the Terms and introduce a new version of services rendered within the framework of the System.
2. The Service Provider is obliged to notify all Users of the System of any amendments to the Terms 30 days before the Terms enter into force. The notification shall be sent by e-mail at the address indicated by the User during the registration process.
3. The Contract may be terminated at any time and for any reason. The User may send the resignation from the Services by sending an electronic mail at info@freshmail.pl or the address of the company’s register office.
4. The User may transfer rights and obligations arising from the Contract to a person that meets the requirements of signing the Contract only upon the written consent of the Service Provider.
5. The Parties agree that any statements directed at the other Party during the period of using the System may be made in the form of electronic correspondence and they shall be sent:
1. In case of the User at the e-mail address indicated in the entry form.
2. In case of the Service Provider at info@freshmail.pl or directly to the assigned account manager, whose e-mail address can be found in the System after logging into the Account for the first time.
6. In matters not regulated by the Terms generally binding law provisions shall be applied.
7. Any disputes between the Service Provider and the User shall be resolved by the Court with the jurisdiction over the register office of the Service Provider.
8. The Terms in the version presented above have been valid since 23 May 2013.