Terms of Use

REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES 

PLATFORMS “BRAINIVERSE”  (hereinafter referred to as the “Regulations“) 

§ 1. 

Definitions 

The terms used in the Regulations shall mean: 

1. “Service Provider” – Brainiverse Spółka z ograniczoną odpowiedzialnością with its registered office in Łódź (92-215 Łódź), address: Mazowiecka 3, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Łódź Śródmieście in Łódź, XX Commercial Division of the National Court Register under KRS number: 0000951881, NIP: 7262689756; REGON: 521175495, share capital in the amount of PLN 5,000.00. 

2. “Platform” –  the platform “Brainiverse” operating through the website located at … 

3. “Services” – services provided by the Service Provider on the Platform; 

4. “Client” – any client purchasing services offered by Users on the Platform via the Platform; 

5. “Civil Code”  – the Act of 23 April 1964 – Civil Code (i.e. Dz.U. 2022, item 1360); 

6. ‘GDPR‘ – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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) (OJ L 119, p. 1); 

7. “User” – a person or entity holding a registered account on the Platform; 

8. “Registration” – the process of creating an account by the User on the Platform, involving the provision of personal data; 

9. “Account”  – marked with an individual name (login) and password, a set of resources in the Service Provider’s ICT system, in which the data of the User who has registered on the Platform is collected; 

10. “Offer page” – a page on the Platform where information about a given Service is presented; 

11. “Working day” – one day from Monday to Friday, excluding public holidays; 

12. “Order” – an order for the performance of a service presented on the Platform by its User submitted via the Platform by a User interested in using this service. 

§ 2. 

General 

1. The platform is operated by Brainiverse Spółka z ograniczoną odpowiedzialnością with its registered office in Łódź (92-215 Łódź), address: Mazowiecka 3, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Łódź Śródmieście in Łódź, XX Commercial Division of the National Court Register under KRS number: 0000951881, NIP: 7262689756; REGON: 521175495, share capital in the amount of PLN 5,000.00. 

2. The aim of the Platform is to create a space enabling the presentation of offers for the provision of services with a scientific profile and making orders for these services, as well as enabling the exchange of views and opinions about these services and facilitating the finding of experts from various fields of science in case of need to obtain support or order services in selected fields of science. 

3. The Regulations define the rules for using the Platform, which is used in particular to: 

1. presentation of services offered by Users such as research, expert opinions, translations, legal assistance, and conferences; 

2. communication between Users presenting their services on the Platform and Users interested in using these services; 

3. evaluate the services offered on the Platform and express Users’ opinions about these services; 

4. posting inquiries or announcements by Users; 

5. making Orders by Users and making payments for services offered on the Platform. 

4. The Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344) 

5. The Rules of Procedure shall specify in particular: 

1. rules for using the Platform;  

2. rules for registering and using an account on the Platform; 

3. conditions and rules for placing orders electronically for the purchase of services presented on the Platform; 

4. rules for concluding contracts for the provision of services using the Platform; 

6. The use of the Platform is possible provided that the following technical requirements necessary for cooperation with the ICT system are met: 

1. having a personal computer, smartphone, or other device enabling the use of the Platform, 

2. have access to the Internet, 

3. have the appropriate software, including at least a web browser: Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari in a version that allows displaying content contained on the Platform. 

4. register a User account on the Platform. 

7. It is forbidden for the user of the Website to provide illegal content, as well as to interfere in any way with the content contained on the Platform without the consent of the Service Provider or the administrator of the Platform. 

8. Users may access the content of the Regulations at any time via a link posted on the main page of the Platform; 

9. Each User should read the Regulations before using the Platform. In the event of non-acceptance of the Regulations in whole or in part, the User should stop using the Platform. 

10. The User is obliged in particular to: 

1. not to provide or transmit via the Platform content prohibited by generally applicable law; 

2. use the Platform in a way that does not interfere with its proper functioning; 

3. refrain from taking any action such as sending or placing unsolicited commercial information (so-called spam) via the Website. 

11. The services offered through the Platform are available only to adults. 

12. The Platform Administrator may deprive the User of the right to use certain functions of the Platform, in particular the possibility of placing Orders or adding comments or opinions, including deleting or blocking the User’s Account in the event of a breach by the User of the Regulations, in particular when: 

1. The User has provided false data during registration or ordering; 

2. The User has violated the obligations set out in paragraph 10 of the Regulations; 

3. The User is not of legal age; 

4. In the comments and opinions posted on the Platform, the User uses inappropriate language or otherwise violates the generally accepted principles of social coexistence. 

13. A User whose account has been deleted or blocked in accordance with paragraph 8 of the Regulations may not re-register without the prior consent of the Service Provider. 

14. In order to ensure the security of transmission, messages and data, in connection with the services provided, the Platform administrator takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data sent via the Platform. 

15. Acceptance of the Regulations is tantamount to submitting a declaration of age and consent to the processing of data provided by the User during registration by the Service Provider or the administrator of the Platform for the needs related to the business activity conducted by the Service Provider.  

  

§ 3. 

Registration, login and password recovery 

1. In order to use the Platform by the User, it is necessary to create an Account by filling in the registration form, located at: …  

2. Before starting the Registration, the User should read the content of the documents referred to in paragraph 4 point 1) and point 2) of the Regulations. 

3. The first stage of Registration consists in indicating the following User’s data in the registration form: name, surname, telephone number, PESEL number, e-mail address and password, and then accepting the entered data by the User. 

4. In order to complete the first stage of Registration, the User submits a statement according to which: 

1. has read and accepted the content of the Regulations; 

2. has read and accepted the terms of personal data processing indicated in the Regulations in order to take action at the request of the User to whom the data relates; 

3. consented to the processing of personal data pursuant to Article 6(1)(a) of the GDPR for the purpose of ordering the Services; 

4. consented to the presentation of the User’s data on the Platform to the extent necessary to operate the Platform, in particular, to present Users’ offers, place Orders, post inquiries and announcements on the Platform; 

5. has consented to receive notifications … to the telephone number/e-mail address provided in the registration form, used to confirm the data provided during Registration, to provide the User with information about the offers selected by him, Orders placed, ratings, and opinions on offers and information about responses to offers, inquiries and announcements of the User. 

5. After the User accepts the entered data and after submitting the statements referred to in paragraph 4, the Service Provider sends a validation SMS code to the phone number/activation code contained in the e-mail to the e-mail address indicated by the User in the registration form. 

6. The second stage of Registration consists of the validation by the User of the telephone number/e-mail address and account by entering the SMS/activation code referred to in paragraph 5 in the registration form. 

7. Upon validation of the sent SMS/activation code, a contract for the provision of services is concluded between the User and the Service Provider without the need to conclude a separate agreement and confirmation by the User of the accuracy of the data contained in the activation form. 

8. In order to gain access to the User Account after successful Registration, the User Login to the User Account. Logging in takes place by entering the following data on the Website: e-mail address and password, which the User previously indicated in the registration form during Registration. Logging in is possible at: … 

9. After logging in, the User receives full access to the tools made available on the Platform. 

10. You can use a tool to recover your password if you lose it. In order to recover the password, it will be necessary to indicate in the password recovery request the e-mail address that the User indicated in the registration form during Registration. After entering the e-mail and accepting the request for password recovery, the Service Provider will send a message to the e-mail address provided by the User containing an interactive link, the activation of which by the User will reset the password to the Account and provide him with the opportunity to create a new password. The form referred to in the preceding sentence can be found at: … 

§ 4. 

Services provided on the Platform 

1. In order to fully use the Services provided on the Website, the User must register. 

2. The User uses the User Account to access the following free Services: 

1. post on the Platform offers to provide services consistent with the scientific profile of the Platform, in particular services such as research, expertise, translations, legal assistance, conferences; 

2. browse the services offered through the Platform with the possibility of getting acquainted with detailed descriptions of these services and marking services with the “favorite services” function and monitoring the progress of their implementation and changes in their offers; 

3. making Orders by Users and making payments for Orders; 

4. communicate with other Users using the functionality of the Platform, i.e. in the form of posts and opinions, as well as in the form of an internal messenger – chat; 

5. posting on the Platform inquiries and announcements related to the profile of the Platform’s activities; 

6. post on the Platform ratings of services offered on the Platform and express Users’ opinions about these services; 

3. The User confirms that he has read the description and terms of provision of Services in the Registration process and is obliged to comply with the provisions of the Regulations when using the Services. 

§ 5. 

Conditions for placing orders 

1. The condition for placing an Order via the Platform is to provide the necessary information to complete the Order, and to read the content of the Regulations as well as the acceptance of the Regulations by the User. 

2. Placing an Order is done by filling in the appropriate Order form available on the Platform. The condition for the execution of the Order is that the User makes a payment for the service selected by him via the appropriate functionality of the Platform. 

3. The Service Provider will confirm the acceptance of the Order by the User offering a given service within three Business Days from the moment of its submission via the Platform. Confirmation will be sent to the User’s e-mail address provided during Registration. If the Order was placed on a Saturday, Sunday or public holiday, the Seller will confirm the acceptance of the Order on the fourth Business Day at the latest. If you do not receive confirmation within the above-mentioned period, you should first check the “spam” folder in the e-mail box provided during Registration. In the absence of confirmation the User, the User may contact the Service Provider by e-mail by sending a message in this matter to the following address: … 

4. The Customer making a purchase via the form on the Platform is bound by the content of the Order placed. By clicking on the “Buy and Pay” field,  the Customer undertakes to pay for the ordered service and confirms acceptance of the Regulations. 

5. The Service Provider has the right to refuse to accept the Order, which will occur when: 

1. the limit of Users who can use a given service offered on the Platform has been exhausted (e.g. the limit of places available at a given conference); 

2. the data provided by the Customer is incomplete, incorrect or raises reasonable doubts as to its veracity; 

3. there were random events on which the Service Provider had no influence and which cause the inability to provide the service. 

6. The Service Provider may also, within the time limit provided for confirmation of order acceptance, contact the Customer using the e-mail address or telephone number provided by the User during the Registration process and:  

1. inform the Customer about the extended deadline for the service selected by him, indicating at the same time what date it is – if the Customer does not accept the extension of the Order deadline within three Business Days, then the Order is canceled; 

2. verify the correctness of the data provided by the Customer in the Order, if they raise justified doubts as to their correctness, 

3. clarify any doubts regarding the details of the Order placed by the Customer. 

7. The Service Provider reserves the right to limit the number of Users who can order a given service offered on the Platform. The User will be informed of such possible restrictions before confirming the Order. 

8. The contract for the provision of the service offered on the Platform is concluded between the relevant Users, i.e. the User who submitted the offer to perform the service and the User who placed the Order for this service. The Service Provider is not responsible for the content and form of the agreement indicated in the preceding sentence, is not a party to such an agreement and is not responsible for any claims arising from such an agreement. 

9. If the Customer expresses such a will when placing an Order, the User offering the performance of the service being the subject of this Order may issue a document confirming the purchase of this service in the form of a bill or VAT invoice and send it to the e-mail address indicated in the Registration process. If the confirmation in the form of a VAT invoice is selected, the Customer is obliged to provide the data necessary to issue a VAT invoice in the process of placing the Order. The Service Provider is not responsible for whether the documents confirming the purchase of the selected service indicated in the preceding sentences will actually be delivered to the Customer. 

10. Payments for services constituting the subject of Orders will be made by Users via the appropriate functionality of the Platform in accordance with the rules set out in § 6 of the Regulations. The Service Provider will charge a margin on each fee on the terms set out in § 6 of the Regulations.  

1. The User is obliged to inform the Service Provider about each change of e-mail address or telephone number, updating the data after logging in to the Account. 

11. Each Order concerns the performance of only one service offered through the Platform in accordance with the content of the offer posted on the Platform and receives its individual number.   

12. The Customer declares that all data provided by him in the Order form are true, while the Service Provider is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with paragraph 6 point 2. 

§ 6. 

Placing an Order and Making a Payment 

1. The fee for the services offered through the Platform is identical to the price of the service indicated in the offer posted on the Platform. The prices of services indicated in the offer are expressed in the gross amount in Polish zlotys. 

2. The margin due to the Service Provider for each fee for the Order made via the Platform in the amount of … % is included in the price given in the offer.  

3. Payment for services offered through the Platform is made using the appropriate functionality of the Platform. 

4. In order to place an Order, the User should do the following: 

1. select an offer on the Platform; 

2. adding an offer to the Cart by clicking the “BUY NOW” button; 

3. selection of the type of Fee; 

4. placing an Order by using the “ORDER AND PAY” button 

5. By clicking on the link “ORDER AND PAY” The User confirms the fact of placing the Order, which the Service Provider will confirm by sending a message to the User’s e-mail address provided during Registration. 

6. The Customer undertakes to pay the remuneration immediately after placing the Order. Payment should be made 24 hours from the moment of placing the order / before the start of the service, and failure to make it in full means that the User offering a given service is not obliged to provide this service. The same effect is caused by making a payment when the maximum waiting time is exceeded. 

7. The service is considered paid for at the time of crediting to the bank account – … . 

8. Termination of the contract for the provision of a service constituting the subject of an Order made via the Platform after the Order has been paid for by the Customer, but before the performance of this service or before the completion of its performance does not entitle any of the Parties to the contract regarding the Order to claim a refund of the margin due to the Service Provider. 

  

§ 7. 

Right of withdrawal 

1. The User may withdraw from the contract for the provision of Services without giving a reason by submitting a relevant statement via the Platform or electronically to the following e-mail address: …  The first login to the Platform is considered to be the commencement of using the Services. 

2. The User has the option of deleting the Account on the Platform after submitting a request for deletion of the account via the appropriate form available on the Platform or electronically to the following address: … 

3. Deletion of the User Account takes place within 30 days of sending the message referred to in paragraph 2. Deletion of the Account is tantamount to termination of the previously concluded contract for the provision of Services. 

4. The statement referred to in paragraph 1 and the application referred to in paragraph 2 should contain data enabling the identification of the User submitting the indicated statements in a manner that raises no doubt. The Service Provider reserves the right of additional verification in order to determine whether the author of the submitted statements is in fact the User to whom the indicated action applies. 

5. In the event of withdrawal from the Agreement, to the extent not covered by the Regulations,  the provisions of the Act of 16 February 2007 on competition and consumer protection (i.e. Journal of Laws of 2021, item 275) shall apply. 

§ 8. 

Complaints and Warranty 

1. The Service Provider is obliged to provide Users with Services without defects.  

2. In the event of defectiveness of the Services provided, Users are entitled to general rights provided in particular in art. 556 of the Civil Code and subsequent ones. 

3. In order to exercise the rights arising from the warranty, in the event of accidents resulting in the User’s dissatisfaction with the quality of services provided by the Service Provider or in the event of finding an error in the operation of the Platform, the User may contact the Service Provider via the complaint (application) form. 

4. Complaints are submitted as follows: 

1. using the form on the Platform at: … 

2. by e-mail to the following e-mail addresses: … 

3. by post to the following address: Brainiverse Sp. z o.o., Mazowiecka 3 92-215 Łódź. 

5. A properly submitted complaint (notification) should include: 

1. data allowing identification of the User, including name and surname, e-mail address, postal address (for complaints submitted by letter), as well as (in the case of research) indication of the place where the User encountered the problem,  

2. a detailed description of the problem giving rise to the complaint; 

3. determination of possible requests of the User (in the case of complaints); 

4. indication of the date of occurrence of the event giving rise to the complaint (notification); 

5. bank account number – in case of a request for a refund of payment. 

6. the User’s preferred method of obtaining a response by the Service Provider, e.g. by letter to a given e-mail address or another indicated in the complaint (notification). 

6. Complaints regarding the tests performed are considered within 14 business days. The User will be informed about the result of the response in the manner indicated in the complaint. 

§ 9. 

Out-of-court complaint and redress methods, legal disclaimers 

1. The Service Provider shall not be liable for damages incurred in connection with the use of information presented on the Platform, as well as for the consequences of decisions made on this basis. 

2. The use of the Platform and access to the Services is carried out through data transmission at the expense of the User. 

3. The Service Provider does not guarantee unfaulty and uninterrupted access to the resources of the Platform and that the information obtained will meet the User’s expectations as to their substantive content and usefulness. 

4. The Service Provider reserves that it does not guarantee the achievement of specific goals as a result of using the Services. The results and proper performance of contracts for the performance of services offered through the Platform, as well as the results of communication carried out through the Platform depend on the Users.  The Service Provider is not responsible for the result of using the Services by Users. 

§ 10. 

Responsibility 

1. The Service Provider shall not be liable for interruptions in the provision of Services and inability to access the Services for reasons resulting from force majeure and reasons beyond the Service Provider’s control. 

2. The Service Provider has the right to temporarily suspend the functioning of the Platform due to the maintenance of the website, software and technical devices. 

3. The Service Provider does not guarantee Users the achievement of the effect assumed by them related to the use of the Services. Users are solely responsible for the decisions they make based on information obtained in connection with the use of the Services. 

5. Users confirm that they are aware that the Platform is one of many sources available on the market for obtaining information about services offered through it and establishing contacts with experts in various fields of science. 

6. The Service Provider is not responsible for the consequences of the use by Users of information obtained through the Platform and the use of the Services. 

§ 11. 

Rights and obligations of the Parties 

1. Service provider: 

1.  depending on the nature of the concluded contract, undertakes to provide the Users with the Services in accordance with the content of the contract for the provision of Services and in accordance with the provisions of the Regulations; 

2. under the concluded contract, there is no obligation to provide Services of a paid nature, in the absence of payment by the User; 

3. under the concluded contract, has the right to cease to provide the Services in the event of the User providing illegal or offensive content; 

4.  has the right to block the account of a User who violates any of the provisions of the Regulations or the law;  

5. has the right to change the provisions of the Regulations, and these changes will apply from the moment they are placed on the website. 

2. The User is entitled to: 

1.  the right to provide the Services to him in accordance with the agreement concluded with the Service Provider and the provisions of the Regulations; 

2. the right to lodge a complaint, in accordance with the provisions of the Regulations; 

3.  the right to withdraw from the contract concluded with the Service Provider, in accordance with the provisions of the Regulations; 

4. the right and obligation to control, change and request the deletion of data provided by him to the Service Provider; 

5. is obliged not to make the account available to other entities without obtaining the consent of the Service Provider in writing. 

3. You agree not to publish in any form all or part of any information available on the Platform in any location outside the Platform.  

§ 12. 

Protection of Personal Data 

1. The administrator of the User’s personal data is the Service Provider who processes personal data in accordance with the provisions of the GDPR as an administrator pursuant to Article 6(1)(b) of the GDPR only to the extent necessary for the purposes of performing the Services and in accordance with the Regulations, as well as in accordance with Article 6(1)(f) of the GDPR for the purposes of the legitimate interests pursued by the Service Provider. 

2. Providing personal data is voluntary, but necessary to perform the Services. Despite the voluntariness, the consequence of not providing personal data will be the inability to perform the Services. 

3. The administrator applies technical and organizational measures to ensure the protection of processed data appropriate to the threats and categories of data protected, and in particular protects the personal data of the training participant against unauthorized access, loss, or damage, subject to other provisions of the Regulations. By accepting the Regulations, the User declares that he is aware of the fact that the administrator of his personal data is the Service Provider, and that he has read the information provided to him by the administrator in accordance with art. 13 – art. 22 GDPR, i.e.: The User has the right to lodge a complaint with the supervisory body in the field of personal data protection if he considers that the processing of personal data violates the provisions on the protection of personal data. The processed personal data will not be transferred to third countries. The User has the right to access their personal data and the right to rectify, delete or limit processing, the right to transfer data, and the right to object to their processing at any time, without affecting the lawfulness of the processing, which was made on the basis of consent before its withdrawal. To the extent that the use of the data provided is based on the consent given, the User has the right to withdraw consent at any time, without affecting the lawfulness of the processing, which was made on the basis of consent before its withdrawal. 

4. Personal data will be processed until the end of the use of training services or until an objection is raised or consent is withdrawn if it was the basis for data processing. The data will not be processed in an automated manner and will not be profiled. 

5. Accepting the Regulations is tantamount to agreeing to the rules contained in the information on the processing of personal data, which information is an integral element of these Regulations and its content is available on the Platform. 

§ 13. 

Copyright 

1. All materials and resources published on the Platform, as well as know-how and methods presented regarding the Services are the exclusive property of the Service Provider. They are covered by copyright within the meaning of the Act on Copyright and Related Rights (i.e. Journal of Laws of 2021, item 1062) (hereinafter: “Copyright Act”). 

2. Photos and all other materials (including texts, recordings, graphics, and logos) posted on the Platform are the property of the Service Provider or have been used by him with the consent of their owners. Using them for commercial purposes without the consent of the Service Provider is illegal and prohibited in accordance with the Copyright Act. 

§ 14. 

Final Provisions 

1. The Service Provider is not responsible for the consequences resulting from disclosure by the User. passwords and logins to third parties, regardless of the reason for disclosure. 

2. All names, trademarks/trademarks, and descriptions appearing on the Platform are protected. 

3. Users agree to the transmission of information and communications by e-mail and digital telephony and consider them to be effectively delivered. 

4. Any changes to the Regulations will be posted on the Platform. 

5. Any doubts arising from the interpretation of the Regulations should be interpreted in a way that ensures compliance of the Regulations with mandatory provisions of law. 

6. Users and the Service Provider agree that they will strive to amicably resolve any disputes arising from the use of the Platform. 

7. In the case of disputes for which an amicable settlement is not possible, they will be settled by the court with jurisdiction over the place of performance of the contract. 

8. The Regulations are valid from 01.01.2013