REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

1. Website

1. The operator of http://yieldbird.com (“Website“) is Yieldbird Sp. z o. o. with its registered office in Warsaw, address 00-732, ul. Czerska 8/10, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000324436, NIP 679 299 6939, with the share capital of PLN 48,350.00, e-mail: […], phone number […] (“Service Provider”).
2. The services provided electronically on the website (“Electronic Services”) may be used by a natural person or a legal person acting through an authorized person, or an organizational unit without legal personality, to which legal capacity is granted by law, with total legal capacity (“Customer”).
3. The Service Provider owns all the website’s rights and the materials presented therein, including logotypes. Such content may constitute works within the Act of 4 February 1994 on Copyright and Related Rights or registered trademarks and are subject to legal protection.

2. Terms and Conditions

1. These Terms and Conditions (“Terms and Conditions”) set forth the terms, scope, and conditions of the Website Recipient’s use of the Site, and further:

a. conditions of conclusion and termination of the Agreement on Provision of Electronic Services,

b. Terms and Conditions for the provision of Electronic Services, except for other services provided by the Service Provider under the Terms.

c. rules for filing and investigating complaints,

d. Service Provider’s liability rules.

2. Before using the website, the Customer must read the Terms and Conditions and the Privacy Policy. The Customer must accept the Terms and Conditions and Privacy Policy to use the Electronic Services.
3. The Terms and Conditions are made available free of charge via the website in a manner that allows obtaining, reproducing, and recording the content of the Terms and Conditions using a teleinformatic system used by the Customer.

3. Technical conditions

1. It is necessary to use a device communicating with the Internet and equipped with a web browser to use Electronic Services.
2. The minimum technical requirements to use the Electronic Services are:

a. The installed and current operating system on the device,

b. an updated web browser,

c. stable internet connection,

d. active e-mail account.

3. In order to subscribe to the Newsletter and receive it, it is necessary also to subscribe to the Newsletter by concluding the Agreement, in accordance with Section 4 of the Terms and Conditions.
4. Service Provider is not a Provider of data transmission or telecommunication services. All costs associated with data transmission services or telecommunication services required for the Website and Electronic Services shall be borne solely by the Customer under separate agreements concluded by the Customer with these services providers.

4. Electronic Services

1. The Electronic Services provided on the Website consist of:

a. sending by the Service Provider at periods selected by the Service Provider to the e-mail address of the Customer a newsletter containing a selection of the latest publications from the field of Digital & Programmatic (“Newsletter”). The Newsletter is sent to the address indicated in the registration form used for subscribing to the above described Newsletter.

b. downloadable online business materials/resources (“Ebook”).

c. provide a contact form (“Contact Form“). Through the Contact Form, the Customer may contact the Service Provider on the subject of his choice.

2. The use of Electronic Services is free of charge.
3. Electronic Services are provided 24 (twenty-four) hours a day, 7 (seven) days a week, at the request of the Customer. Service Provider makes no warranty as to the availability or performance of Electronic Services.
4. Contracts for the provision of Electronic Services may be concluded in either Polish or English (as requested by the Customer).
5. Service Provider informs that the public nature of the Internet and the conclusion of agreements for the use of Electronic Services may be associated with the legal risks arising from the use of the Internet, including the threat of obtaining, appropriation, or modifying of Customer’s data by unauthorized persons. Consequently, the Customer should use appropriate technical measures to minimize the risk, including antivirus programs or protect the identity of persons using the Internet.
6. Use of the Electronic Services constitutes acceptance of these Terms and Conditions and understanding of the Privacy Policy.
7. The Customer, concerning the use of Electronic Services, is obliged in particular to:

a. provide the Service Provider only with accurate, current, and all necessary data of the Customer;

b. promptly update the data provided to the Service Provider in connection with the conclusion of the Agreement;

c. use the services offered by the Service Provider in a manner consistent with applicable law and without infringing on third parties’ rights, by the provisions of the Terms and Conditions, as well as with customary practice and rules of social coexistence, in particular by not providing unlawful content;

d. use Electronic Services and the Website in a manner that does not interfere with their functioning,
e. respect Service Provider’s rights, including copyrights and intellectual property rights, to the website and materials published on the website,
f. refrain from transferring third-party data, including personal data.

[Newsletter]

8. The Service Provider shall enable the Customer to conclude an agreement for the provision of digital content in the form of the Newsletter, in exchange for the Customers providing their personal data.

9. The Newsletter is sent by the Service Provider via e-mail to the e-mail address indicated by the Customer, upon his/her request.

10. The Newsletter service is possible after the Customer provides his/her e-mail address in the appropriate field on the website or checks the appropriate checkbox to receive commercial information through a dedicated channel. In order to receive the Newsletter, the Customer is not obliged to provide any consideration than providing personal data in the form of e-mail address.

11. To complete the subscription process, Customer is obliged to click the link in the email which Service Provider sent to Customer to address e-mail provided by Customer in newsletter form.

12. The Newsletter subscription agreement is concluded when the Customer confirms the subscription via an activation link. The Newsletter service is provided for an indefinite period.

13. The Customer may withdraw from the Newsletter subscription agreement without giving any reason, within 14 (fourteen) days from the date of its conclusion. Withdrawal from the agreement means resignation from receiving the Newsletter. The Customer may terminate the Newsletter subscription agreement at any time and without giving any reason, with immediate effect. In order to withdraw from the Newsletter subscription agreement or terminate the Newsletter subscription agreement, the Customer should click on the “Unsubscribe” button contained in each email sent within the Newsletter or by sending an email to the Service Provider's email address: [..]

14. The Service Provider may terminate the Newsletter subscription agreement in the event of the Customer's inactivity for a period of one year, including the Customer's failure to open messages, as well as in the case referred to in section 4 point 7 letter c of this Terms and Conditions, which does not require prior notification of the Customer by the Service Provider.

[E-book]

15. The Service Provider provides E-books - downloadable online business materials.

16. In order to download an E-book the User is not obliged to provide any services other than providing personal information indicated in the download form.

17. In order to download an E-book the User fills out a dedicated form, providing his/her personal information, accepts the Website Terms of Use and sends it to the Service Provider using the "Download” button or similar.

18. The Agreement for downloading an E-book is not continuous. Upon delivery of data to the Service Provider and download of the E-book by the Users, the Agreement is completed.

19. Downloading the E-book is equivalent to joining the Newsletter provided in accordance with these Website Terms of Use.

[Contact Form]

20. The Contact Form service is available after the Customer has provided the following information: i) first name, ii) last name, iii) e-mail address. Optionally, the Customer may provide additional message content and the content of the Customer’s Website and the organization (entity) along with the Customer’s position as a representative.

21. The conclusion of the Agreement for the use of Contact Form takes place through the insertion by the Customer of the data required to be activated by the given Electronic Service and by pressing the “Send” or analogous button.

22. The Contact Form as a service is not continuous. The contract for the use of the Contact Form is concluded for a definite period and is deemed to be fulfilled when the information via the Contact Form is sent to the Service Provider.

5. Personal Information

1. The Service Provider is the Administrator of the personal data processed on the website in connection with the use of Electronic Services.

2. In connection with the provision of Electronic Services, the Service Provider may collect from the Customer and process the following personal data: e-mail address, name, surname, place of work, position, the organization of which he is a representative, and other data contained in the content of the message sent by the user.

3. Newsletter and Contact Form recipients have the right to access their data and modify or delete them. Data modification or unsubscribing from the Newsletter is possible through the registration form available on the Website / or by clicking on the appropriate link available in the Newsletter sent to the Customer.

4. Personal Data is processed for the purposes, to the extent and based on the grounds and principles indicated in Privacy Policy.

6. Service Provider’s liability

To the extent permitted by law, Service Provider is not responsible for:

1. Acts and omissions of telecommunications carriers and service Providers used by the Customer to access the Website and Electronic Services,

2. interruptions or difficulties in access to the Website and Electronic Services caused by necessary technical interruptions, failures of telecommunication connections, or caused by force majeure,

3. The Customer’s actions which are inconsistent with the Terms and Conditions, including damage caused to third parties as a result of the use by the Customer of Electronic Services in a manner contrary to the Terms and Conditions and the law,

4. Provision of false data by the Customer during the use of Electronic Services, including to third parties, whose data, including personal data, was provided by the Customer during the use of Electronic Services,

5. inability or difficulty in using the Electronic Services due to non-fulfillment the technical requirements specified in the Terms and Conditions,

6. consequences of the Customer providing false, incomplete or incorrect data in the form, or for non-delivery of the Newsletter for other reasons attributable to the Customer, e.g. overflowing mailbox.

7. Complaints

1. In matters related to the provision of Electronic Services, the Customer has the right to file a complaint. In addition, the Service Provider is responsible to the Customer for the compliance of the Newsletter with the agreement, in accordance with Chapter 5b of the Polish Law on Consumer Rights (Article 43a-43g).

2. The complaint should include at least the following information:

a. Customer’s first and last name,

b. Customer’s e-mail address,

c. description of circumstances justifying the complaint,

d. Customer’s demand.

3. If the complaint does not contain the data indicated in point. 2 above, the Service Provider may request the Customer to complete the data. If the data are not met, the complaint cannot be investigated by the Service Provider.

4. Complaints may be directed to the Service Provider’s address, i.e., Yieldbird Sp. z o. o. with its registered office in Warsaw, 00-732, 8/10 Czerska Street, marked “Complaint,” or to the following e-mail address: […]
5. The Service Provider will recognize complaints within 14 days from its receipt. The Service Provider will inform about the method of processing the complaint corresponding to the practice of filing a complaint.

8. Final Provisions

1. The Service Provider is entitled to make changes to the Terms and Conditions for important reasons, in particular in the case of changes in the conditions of provision of Electronic Services, suspension of the provision of Electronic Services or their liquidation in whole or in part, as well as in the case of changes in legal regulations in the scope influencing the realization of the provisions of the Terms and Conditions.

2. The amendment of the Terms and Conditions with references to the Newsletter shall come into force after 14 days from the moment of informing the Customer about the changes and making the amended Terms and Conditions available. If the Customer does not accept the changes to this Terms and Conditions, he/she should immediately, no later than 14 days from the date of announcement of the changes, terminate the Newsletter subscription agreement in accordance with section 4 point 14.

3. If the change of digital content significantly or negatively affects the Customer's access to digital content, the Service Provider will inform the Customer in advance on a durable medium about the type and date of the change. In this case, the Customer will be able to terminate the Newsletter subscription agreement without notice within 30 days from the date of the change or notification of the change, if the notification was later than the change.
4. The modifications of the Terms and Conditions references to other Electronic Services other than Newsletter, become effective as of the date of their publication on the website and apply only to agreements concluded after the publication of the changes.
5. The laws of Poland shall govern the obligations arising from these Terms of Use, and the applicable Polish ordinary courts shall settle any disputes.
6. In matters not regulated by these Terms and Conditions, provisions of Polish law shall apply, in particular the Act on Consumer Rights and requirements of the Civil Code.
7. The customer, a consumer, may use the out-of-court complaint and redress procedures. Disputes regarding agreements concluded via the Internet may be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or through an arbitration court at the Provincial Inspectorate of Trade Inspection.
8. The Terms and Conditions shall enter into force on […].