Terms and Conditions

GENERAL
1. The Terms and Conditions define the terms and conditions of using the Website, including the type and scope of the Services provided, the conditions for concluding and terminating the Subscription, and the complaint procedure. Each User is obliged to read the content of the Terms and Conditions.
2. Closer2 provides the Services in accordance with the Terms and Conditions.
3. Definitions set out in point 2. of the Terms and Conditions shall apply to the entire Terms and Conditions and their appendices.
DEFINITIONS
1. Price List – the Price List of Products and Services available through the Website available on the Closer2 website at: www.closer2.io
2. CLOSER2 - CLOSER2 LIMITED LIABILITY COMPANY with its registered office in Poznań, ul. Za Cytadelą 130, 61-659 Poznań, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number: 0001065226, with NIP number: 9721345231 and REGON: 526759605, share capital PLN 150,000 paid in full, which is the service provider of the Website.
3. Consumer – a User who is a natural person who performs activities on the Website that are not directly related to their business or professional activity.
4. Account – a Service available on the Website, through which the User gains access to a personal account constituting a set of data and functionalities containing information about the User, their activities and the Products covered by the Subscription. The Account is created by Registration.
5. Materials – any text, graphics, audio or video files, image, voice, trademarks or service marks or logos, as well as interactive features or software, and other materials used by CLoser2 to prepare the Product. Closer2 Materials or User Materials may be used to prepare the Product, as per the Subscription.
6. Closer2 Materials – Materials provided by Closer2.
7. User Materials – Materials provided by the User.
8. Payment operator – Stripe, inc. (data on the https://stripe.com/en-pl/legal/spc/licenses website), which provides payment services as part of the Website.
9. Closer2 Payment – a service provided by the Payment Operator, enabling Users to make payments for the Subscription and other Services.
10. Privacy Policy – Privacy and Cookies Policy.
11. Product – a paid Service available through the Website, i.e. a smart video plug-in (Customer Controller) created by Closer2 based on the Materials. The Product is available as part of the Subscription.
12. Entrepreneur with Consumer Rights – a natural person concluding an agreement directly related to his business or professional activity, if the content of this agreement shows that it is not of a professional nature for this person, resulting in particular from the subject of his business activity, made available in accordance with the provisions on the Central Registration and Information on Business.
13. Commission – the commission to which Closer2 is entitled in accordance with the Subscription for the number of impressions or clicks.
14. Terms and Conditions – these terms and conditions of the Closer2 website.
15. Registration – the procedure of creating an Account on the Website by the User.
16. Website – a website run by Closer2, available at: www.closer2.io.
17. SLA – an agreement concerning the maintenance of the level of Services provided by CLoser2, concluded within the Subscription or separately from it. The SLA sets forth the terms on which Closer2 will host and maintain the Product.
18. Subscription – an agreement concluded between the User and Closer2, the subject of which is the creation of the Product by Closer2, in accordance with the User's requirements, and the temporary provision of the Product to the User for use, on the terms and conditions specified in the Subscription and in the Terms and Conditions, and after its payment. The rules for payment for the Subscription are specified in section 10 of the Terms and Conditions. A subscription, also referred as a "Subscription agreement”
19. Services – services provided electronically by Closer2 via the Website.
20. User – a natural person with full legal capacity or a natural person who is at least 18 years of age, with limited legal capacity, represented by a statutory representative; a legal person or an organizational unit without legal personality, which is granted legal capacity by law, represented by an authorized natural person using the Website.
21. Business User – a User who is a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Website in connection with their business or professional activity.
22. End User – any person accessing the User's or Business User's website who is the recipient of the content made available there, including, but not limited to, Products under the Subscription.

GENERAL TERMS AND CONDITIONS OF USE
1. As part of the Website, the User may use, among others, the following functionalities:
  1. browsing the Website;
  2. using the Account and its functionalities after logging in;
  3. selecting and purchasing Products after logging in to the Account;
  4. managing the Products after logging in to the Account;
  5. paying for Subscriptions and other Services when logged into Account;
  6. managing payments and invoices after logging into Account;
  7. helpdesk.
2. Access to the Products is possible after logging into Account, paying for the Subscription, in accordance with point 10 of the Terms and Conditions.
TECHNICAL REQUIREMENTS FOR USING THE WEBSITE
1. In order to use the Website and its functionalities, in accordance with its purpose, it is required to have a device that meets the following technical requirements:
  1. having an active Internet connection allowing for two-way communication via the HTTPS protocol;
  2. having an installed and configured, up-to-date web browser supporting the HTML5 standard and cascading style sheet (CSS) technology, e.g. Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, Safari;
  3. JavaScript and cookies enabled (usually enabled by default in browser).
2. In order to use the Website and its functionalities on a mobile device, in accordance with its intended purpose, it is required to have a device that meets the following technical requirements:
  1. having an active Internet connection allowing for two-way communication via the HTTPS protocol;
  2. having an installed and configured, up-to-date web browser supporting the HTML5 standard and cascading style sheet (CSS) technology, e.g. Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, Safari;
  3. JavaScript and cookies enabled (usually enabled by default in browser).
  4. The Website may not display correctly if User use the Website on devices that do not meet the above technical requirements.
  5. User is responsible for configuring IT equipment, computer programs and platform in order to access the Website, Account and Services. User should use his own antivirus software.
SERVICE ACCOUNT
1. The use of the Website is possible after Registration and logging in to the Account.
2. In the case of natural persons with limited legal capacity, the User's legal representative who performs Registration and other activities on the Website on their behalf declares that they are authorized to act in this respect on behalf of and for the benefit of these persons.
3. In the case of legal persons and organizational units without legal personality, the authorized natural person who performs the Registration on their behalf and performs activities on the Website, declares that they are authorized to act in this respect on behalf of and for the benefit of these entities.
4. Registration is carried out according to the following rules:
  1. The User, and in the case of a person with limited legal capacity – the User's legal representative, should fill in and send the contact form available on the Website;
  2. The User, and in the case of a person with limited legal capacity – the User's legal representative, should accept the Terms and Conditions and the Privacy Policy by ticking the appropriate box in the contact form;
  3. In response, Closer2 will contact User to create an Account;
  4. Closer2 will create an Account after obtaining the following data of the User in the Registration Process, and in the case of a User with limited legal capacity, also the User's legal representative: name and surname, e-mail address, telephone number, date of birth.
  5. With the completion of the Registration and the creation of the Account, an agreement for the creation and maintenance of the Account is concluded. An agreement for the creation and maintenance of an Account concluded by a User with limited legal capacity, without the participation of a statutory representative, requires confirmation by a statutory representative in order to be valid.
  6. After registering the Account, a message confirming the creation of the Account along with login details will be sent to the User's e-mail address. After logging in, the User can change the login details.
  7. The agreement for opening and maintaining the Account is concluded for an indefinite period of time at the time of Account Registration.
TERMINATION AND WITHDRAWAL FROM THE CONTRACT
1. The agreement for opening and maintaining the Account may be terminated by the User at their choice in the following manner:
  1. termination of the agreement for the creation and maintenance of the Account may take place by deleting the Account on the Website with effect at the end of the paid Subscription;
  2. The User may also delete the Account by sending a request to the Closer2 e-mail address to delete the Account on the Website with effect at the end of the paid Subscription;
  3. With the deletion of the Account, the agreement for the creation and maintenance of the Account is terminated, and other agreements between Closer2 and the User, including the Subscription, expire;
  4. After deleting the Account, the User loses access to the Account and related functionalities.
2. Closer2 may terminate the agreement for the creation and maintenance of the Account with immediate effect if, despite a prior request by Closer2, the User continues to commit actions or omissions that violate the Terms and Conditions or generally applicable laws. The User may be summoned by Closer2 via the Website or by e-mail, to the User's e-mail address assigned to the Account, and the deadline set for cessation of infringements must be at least 3 days from the date of sending the request by Closer2.
3. A Consumer or an Entrepreneur with Consumer rights is entitled to withdraw from the agreement concerning a specific Service within 14 days from the date of conclusion of the agreement with Closer2 without giving a reason for withdrawal, by submitting a statement in this regard via e-mail. Upon withdrawal from the agreement for the creation and maintenance of the Account, other agreements between Closer2 and the User, including Subscriptions, expire. The User does not have the right to withdraw from the agreement for setting up and maintaining the Account if, before the expiry of the 14-day period for withdrawal from the agreement, the User starts using the Account or another Service, including the Products.
4. A Consumer or an Entrepreneur with the rights of a Consumer may use the form on withdrawal from the agreement, which constitutes Appendix No. 1 to the Terms and Conditions.
RIGHTS AND OBLIGATIONS
1. Closer2 will make reasonable efforts to ensure the uninterrupted operation of the Website. Closer2 is not responsible for interruptions and failures in the operation of the Website. In order to ensure the proper standard of the Services, Closer2 may make interruptions in the operation of the Website, in accordance with the following rules: Closer2 distinguishes the following types of interruptions in the functioning of the Website or Services:
  1. technical break – a break made between 22:00 and 6:00 CET. During this time, certain functionalities of the Website or Service may be limited or unavailable.
  2. technical failure – an interruption in the functioning of the Website caused by a technical error due to circumstances on the part of Closer2 or service providers within the Website, as a result of which:
    1. a significant number of Users cannot access the Website;
    2. basic functions of the Website are unavailable or their operation is incorrect.
2. The User is obliged to provide true and current data, as well as only such data as to which they are entitled to use them. In the event of a change in data, the User is obliged to immediately update the data on the Website.
3. The User undertakes to keep the access data to the Account secret and to protect them against unauthorized access by third parties. If the User becomes aware of the access data to the Account by unauthorized third parties, the User undertakes to immediately inform Closer2 of this fact and, if possible, to change them immediately.
4. Closer2 is entitled to carry out additional verification of the data provided by the User or the User's legal representative with limited legal capacity, m.in. by providing a valid telephone number and providing additional information.
5. Closer2 is under no obligation to maintain or support the Website or Services or to make any corrections, updates or releases.
6. A person using the Website on behalf of and for the benefit of a User who is a legal person or an organizational unit without legal personality, which is granted legal capacity by law, by accepting the Terms and Conditions, declares that they are authorized to create an Account and to act and perform all activities within the Website on behalf of and for the benefit of such User. Closer2 is entitled to carry out additional verification of such a person by requesting a document confirming the authorization to act on behalf of such User.
ACTIVITIES NOT ALLOWED ON THE SITE; RESPONSIBILITY
1. The User is entitled to use the Website in accordance with its intended purpose, within the limits of the law and good manners applicable to the information society, with respect for the rights and goods of other Users, third parties and Closer2. Closer2 is not responsible for the use of the Website by the User in a manner contrary to the law, good practices and the provisions of the Terms and Conditions. Closer2 is also not responsible for the use of the Product by the User or the End User in a manner contrary to the law, good practices and the provisions of the Terms and Conditions. In particular, User agree to:
  1. not to act in bad faith, refrain from abusing the functions of the Product and those made available to the User as part of the Website, not to use the Website or the Products in a manner inconsistent with their intended purpose, as well as contrary to the provisions of the Terms and Conditions;
  2. not to perform activities that could affect the proper operation of the Website and its functionalities, as well as the Products, including not to interfere with the content of the Website or Products, the Account or accounts of other Users, including their IT layer;
  3. not to perform illegal or illegal activities using the Products, including making the Products available to End Users via websites or mobile applications, other than those set out in the Subscription agreement, in particular containing content of an unlawful, terrorist, erotic, pornographic, dating, matrimonial nature, infringing someone else's intellectual property rights, offensive, defamatory, as well as discriminatory or racist;
  4. not engage in disinformation activities using the Products aimed at deceiving or deceiving End Users, e.g. by providing false information.
2. Products are made available to End Users by the User implementing the Product on the User's or a third party's website specified in the Subscription agreement. Closer2 does not automatically verify the manner in which the User has implemented the Products.
3. Closer2, upon obtaining reliable information or official notification that the User's activities using the Website or Products are illegal or violate the provisions of the Terms and Conditions, or in another justified case, including in the event of a justified request by the User, Closer2 may suspend, block or delete the Product and/or Account.
4. In the event of a material breach of the law by the User using the Website or the Product, as well as repeated violations of the provisions of the Terms and Conditions, including in the event of attempts to publish, distribute or share false or illegal content by a given User or multiple Users, acting jointly and in concert, including with the use of different Accounts or Products, Closer2, in compliance with the principles of proportionality and respect for the freedom of trade, may temporarily or permanently block or restrict access to the Account(s) or Accounts or Products, which will be tantamount to suspension or loss of access by the User or End User to the Services, including Products.
5. After the Account is blocked by Closer2, the User loses the ability to log in to the Account. When trying to log in to the Account, information about the administrative block and a request to contact Closer2 appears.
6. Business Users agree to use the Products only in connection with their business or profession. Users who are not Business Users or who are Entrepreneurs with Consumer rights may use the Products in a manner unrelated to business or professional activity.
7. To the extent permitted by law, Closer2's liability arising out of the Services, including the Products, is limited to actual damage excluding lost profits and may not exceed the total amount of the remuneration paid by the User for the Products in the period of 3 months prior to the occurrence of the damage.
8. Closer2 shall not be liable in any amount, except for the wilful misconduct of Closer2, for any problems, damages and any other violations related to the acts and/or omissions of third party service providers on which the operation of the Products and/or Services is dependent. The limitation of Closer2's liability does not apply to the Consumer and the Entrepreneur with consumer rights.
9. Closer2 shall not be liable for Materials, except for Closer2's willful misconduct, which have been created by third parties (external) or Materials that have been developed on the basis of data obtained from parties other than Closer2 and for any damages resulting from such Materials. The limitation of the indicated liability of Closer2 towards the Consumer and the Entrepreneur on the rights of the consumer is limited to the culpable act or omission of Closer2.
10. Closer2 strives to be as accurate as possible. However, Closer2 cannot and does not warrant that the Materials available on the Website are accurate, complete, reliable, current or error-free. Closer2 reserves the right, in its sole discretion, to make changes to the Materials or any portion thereof, in the sole judgment of Closer2, and will notify User via the Service or by email to the email address associated with User Account prior to or after such changes to the Materials, for the sole purpose of improving the Closer2 Products and Services. User use of the Closer2 Materials or the Proprietary Materials or any part thereof is entirely at User own risk and responsibility.
11. There may be information on the Site or in User Account that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. Closer2 reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, of which it will notify the User via the Website or by email, to the User's e-mail address assigned to the Account.
12. Closer2 reserves the right in its sole discretion to:
  1. monitor the Account, Product and Service for violations of the Terms and Conditions;
  2. take appropriate legal action against anyone violating applicable laws or the Terms and Conditions;
  3. remove from the Service or otherwise disable all files and content of excessive size or in any way burdening systems;
  4. otherwise manage the Website in a manner that protects its rights and property and facilitates the proper functioning of the Website, Account and Services.
13. Closer2 does not warrant that the Website, Account or Services will be secure or free from bugs or viruses.
14. The Service, Account, and Services are provided on an "as is" and "as available" basis and without warranties of any kind, either express and/or implied. User agree that User use of the Website and/or Services will be at User sole risk, except as expressly provided in the Terms and Conditions. All warranties, conditions, terms and undertakings, express or implied (including by statute, custom or practice, course of dealing or common law) in connection with the Website and Services and User use thereof, including, without limitation, the implied warranties of quality, fitness for a particular purpose and non-infringement, are excluded to the fullest extent permitted by applicable law.
15. Closer2 shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is caused by an event beyond the reasonable control of Closer2.
PRODUCTS
1. The use of the Products requires an active Account and the conclusion and payment of a Subscription agreement by the User and Closer2. In connection with the Subscription, User and Closer2 may enter into an SLA separately or as part of a Subscription. In the event of a conflict between the content of the Subscription or SLA and the content of the Terms and Conditions, the provisions of these agreements shall prevail.
2. After the Registration, in order to start cooperation and conclude the Subscription, the User sends a request to Closer2 via the contact form available on the Website or by e-mail to Closer2. In response, a representative of Closer2 contacts the User in order to present an offer regarding the Products and to determine the terms of the Subscription. After adapting the Closer2 offer to the User's requirements, the User enters into a Subscription agreement with Closer2. User and Closer2 may enter into separately or as part of a Subscription SLA.
3. Products are created by Closer2 based on Materials owned by Closer2 or provided by User, pursuant to a Subscription agreement between User and Closer2.
4. Subject to Subscription agreement, User Submissions submitted to Closer2 to create a Product are User sole property or User are entitled to transfer them to Closer2 to create a Product as required by User. Closer2 agrees that it will only use User Submissions during the term of Subscription and to provide the Services. User are responsible for the accuracy of the Materials User provide to Closer2. Closer2 is not responsible for improper performance of the Product based on improper User Submissions.
5. By submitting any User Submissions, the User agrees to make them available in the places indicated by the User for their use by Closer2.
6. The prices and scope of Services, including Products, as well as Subscriptions, are specified in the Price List. All prices given in the Price List are gross prices (including value added tax, i.e. VAT) expressed in Polish zlotys (PLN), unless the Website or the Price List explicitly indicates the net price (excluding the value added tax, i.e. VAT).
7. By making the Product available, the User is aware that they are transferring the Product to the End Users via the Internet and that in this way they grant the End Users a license to use the Product through streaming, in accordance with section 11 of the Terms and Conditions.
8. As part of the Account on the Website, the User has the ability to manage the Products. Through the Account, the User has access to all Products provided to the User by Closer2. Through the Account, the User has access to the following information and functionalities regarding the Products:
9. information on:
  1. Product name;
  2. the URL at which the Product is made available to End Users;
  3. the number of times the Product is viewed by the End User;
  4. the number of clicks on the End User to view the Product;
  5. the number of clicks on the CTA (call to action) of the End User;
  6. the number of full Product views by the End User;
10. information regarding the status of the Product. The following Product statuses are highlighted:
  1. active – a Product paid for and intended to be made available to End Users;
  2. inactive – an unpaid Product or a Product whose operation has been suspended due to the User's non-payment;
  3. terminated – A billed product that has been discontinued to be made available to End Users.
SUBSCRIPTION AND PAYMENTS
1. The subscription, depending on the type selected by the User, is:
  1. 6 monthly – paid monthly, in advance, i.e. in the full monthly amount, before gaining access to the Product in a given billing month. Subject to the Subscription agreement, User will have access to the Product in a given billing month as soon as the payment for the Subscription is credited to Closer2's bank account. If User do not make payment before the end of the billing month, Subscription is suspended until it is paid.
  2. annual, paid in advance, i.e. in full, before User access the Product. Subject to the Subscription agreement, User will have access to the Product as soon as User annual Subscription payment is credited to Closer2's bank account. An annual subscription gives User access to the Product for a period of 1 year.
2. In connection with the use of the Products by End Users, Closer2 is entitled to a Commission from the User, on the terms set out in the Subscription.
The commission will depend on the subscription selected by the User as part of the Subscription. Below is an overview table:
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1. The User's settlement for the Subscription and the Commission is made as part of the Closer2 Payment.
2. The use of Payments Closer2 takes place through the Account. Paying for the Subscription or other Services will require concluding a separate agreement with the Payment Operator and accepting its terms and conditions. Closer2 is not a party to the agreement between the User and the Payment Operator or other payment service provider and has no influence on the content of the agreement or the manner of its implementation. Closer2 is not responsible for the implementation of the payment service as part of the Closer2 Payment carried out by the Payment Operator or other payment service provider. In the event of problems with the Closer Payment, the User should first contact the Payment Operator or another relevant payment service provider in order to clarify any doubts or send a complaint. However, as an exception, and above all as far as technical and organizational possibilities allow, Closer2 may assist the User in clarifying the problem.
3. The Agreement between the User and the Payment Operator regulates the terms of payment for the Subscription or other Services between the User and the Payment Operator using Closer2 Payments, including the necessary steps to verify identity and the terms and conditions for the Payment Operator to withdraw funds from the Payment Operator to Closer2.
4. Payment for the Subscription or other Services is confirmed by an invoice issued by Closer2 in accordance with applicable law. The invoice is issued on the basis of the data provided by the User. The User is obliged, immediately after each change, to update and supplement the data required for the invoice to be issued by Closer2.
5. Closer2 provides the User with invoices in electronic form via e-mail by default. Acceptance of the Terms and Conditions by the User constitutes their consent to the submission of invoices by Closer2 in electronic form, within the meaning of the provisions on value added tax (VAT).
6. Closer2, on the terms described in the Terms and Conditions, provides the User with invoices in electronic form, guaranteeing their authenticity, legibility and integrity of content, by making invoices available in the ".pdf" file. The User is obliged to store them on their own, including by downloading invoices to a durable medium.
INTELLECTUAL PROPERTY
1. The content published on the Website, in any form, (m.in. Closer2 Materials, and other text, graphic, audio and video materials, software that are not User Materials) are subject to the protection of intellectual property rights, including copyrights, related rights and industrial property rights of Closer2 or third parties. Their use without their written consent, under pain of nullity, is prohibited.
2. Any aggregation and processing of data or other information made available on the Website for the purpose of further dissemination or making it available to third parties within other platforms or online services, as well as outside the Internet, is prohibited. The use of Closer2 or Website marks, as well as individual graphic, text or video elements, these marks, as well as other parts of the Website, requires the written consent of Closer2 in each case.
3. Subject to the Subscription agreement, User declare that User have permission from the person whose image or voice is depicted in User Submissions to use, record and distribute User image or voice for the duration of Subscription, including further permission for third parties, and User grant Closer2 permission to do so in order to create and make available the Products in accordance with Subscription. The User declares that User has the appropriate permits of the creator or the entity authorized to dispose of the copyrights or the appropriate collective management organization of copyrights to the musical works used in the User Materials. In the event of the User's violation of the right to the image or voice of a third party or the lack of appropriate permission to use the musical work and a claim in this respect, Closer2 reserves the right to immediately cease providing the Services to the User. The User declares that User bears all responsibility for the use of the image or voice of the person presented in the User Materials, for which the User did not have permission to use. The User undertakes to immediately inform Closer2 in the event of a claim against the User by a third party for the unlawful use of the image or voice of a person depicted in the User Materials. At the same time, in the event of such a claim being filed against Closer2, the User undertakes to immediately join the case on the part of Closer2, both at the pre-trial and judicial stages, and to indemnify Closer2 from liability and indemnify Closer2 for all claims and costs related to the defense of Closer2's rights.
4. The User declares that User is entitled to all intellectual property rights, including copyrights, related rights and industrial property rights to the User's Materials without any restrictions for the benefit of third parties, or that User has appropriate permits to use such Materials (license), in connection with the concluded Subscription. User agree that User bear all responsibility for Closer2's use of the User Submissions that are defective in law. At the same time, in the event of a claim against Closer2 regarding User Submissions or a Product containing User Submissions that is legally defective, the User undertakes to immediately join the case on the part of Closer2, both at the pre-litigation and court stages, and to indemnify Closer2 from liability and indemnify Closer2 for all claims and costs related to the defense of Closer2's rights.
5. Subject to the Subscription agreement, User grant Closer2 a royalty-free, non-exclusive, sublicensable, and non-territorial license to use User Submissions to create the Product, host it, cache it, and display it, for a fixed period of time in accordance with Subscription, in the following fields of use:
  1. in the scope of recording and reproducing the User Materials,
  2. in the scope of dissemination of the work – displaying, copying, sharing the User's Materials,
  3. Identify the names of the elements of User Submissions under which they will be used or distributed.
  4. use of the User's Materials as part of graphic, video and multimedia works,
  5. translate, adapt, rearrange, or otherwise alter User Submissions, including any computer program;
  6. use the User Materials in whole or in part, including as part of compilations, collections, collective works or combinations with other goods, including other works, in various versions, including modified and shortened, in versions with a changed illustrative or informational layer.
6. Subject to the Subscription agreement, Closer2 declares that it is entitled to all intellectual property rights, including copyrights, related rights and industrial property rights to the Products created from the Closer2 Materials without any restrictions for the benefit of third parties or that it has the appropriate permissions to use such Materials (license).
7. Subject to the Subscription agreement, upon payment thereof, Closer2 grants the User a non-exclusive, non-sublicensable and non-territorial license to use the Product, for a definite period of time, consistent with the paid Subscription, in the following fields of use:
  1. in the scope of permanent or temporary reproduction of the Product in its entirety, in order to place the Product on the Internet, i.e. on the website or in the mobile application, in accordance with the Subscription;
  2. to the extent that the User distributes the Product, in such a way that the End User can view the Product at a time of their choosing, through streaming on the website or mobile application, in accordance with the Subscription.
8. Subject to the Subscription agreement, upon making the Product available, the User grants the End User a non-exclusive, non-sublicensable and non-territorial license to use the Product, in the following field of exploitation, i.e. displaying the Product via streaming, at a time of their choosing.
9. Subject to the Subscription, the User declares that Closer2 has the right to use the name (company) or graphic designation (logo) of the User, as well as to inform in publications presenting the portfolio of Closer2 (including, but not limited to, brochures, folders in paper or electronic form, as well as through the Closer2 website, social media or advertising or marketing materials) about the authorship of the Product, in a manner that does not infringe the good name and reputation of the User.
10. Except as expressly indicated, the User is prohibited from:
  1. copy, distribute or modify any part of the Website without the prior written consent of Closer2;
  2. (use, modify, create derivative works from, transfer (whether by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose the Materials, except as expressly permitted in the Terms and Conditions;
  3. (interfere with servers or networks connected to the Service;
  4. use or launch any automated system (including, without limitation, "robots" and "spiders") to access the Service; and/or
  5. circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict the use or copying of any content or that enforce limitations on the use of the Service.
11. In connection with Terms and Conditions and the legal relationship between Closer2 and the User, each party may have access to certain non-public and/or proprietary information of the other party, in any form or medium, including, without limitation, trade secrets and other information related to the other party's products, software, technology, know-how or business, and any other information, which a reasonable person should reasonably believe is proprietary, confidential or competitive sensitive ("Confidential Information"). For the avoidance of doubt, the Service, the Product, and the Subscription and their underlying technologies are considered Closer2 Confidential Information. Each party shall take reasonable measures, at least as protective as those taken to protect its own confidential information, but in no event less than reasonable care, to protect the other party's Confidential Information from disclosure to third parties. The receiving party's obligations with respect to any Disclosing Party's Confidential Information shall not apply and/or shall expire if such information: (a) was already legally known to the receiving party at the time of disclosure by the disclosing party; (b) it was disclosed to the receiving party by a third party who had a right to do so without any restriction of confidentiality; (c) is or has become publicly available to the public through no fault of the receiving party; or (d) is independently developed by the receiving party without access to or use of the disclosing party's Confidential Information. Neither Party shall use or disclose the other Party's Confidential Information except in performance of its obligations under Terms and Conditions or the SLA ("Permitted Use"). The receiving party will only permit access to the disclosing party's Confidential Information to its employees, consultants, affiliates, agents, and subcontractors who have a need to know such information in connection with Permitted Use, who are required to maintain confidentiality with the receiving party at least as strictly as the terms set forth herein. The receiving Party will be permitted to disclose the Confidential Information to the extent that such disclosure is required by law or order or by a court or similar judicial or administrative authority, provided that it notifies the disclosing Party of such required disclosure to enable the disclosing Party to seek an injunction of protection or to otherwise prevent or limit such disclosure. All rights, title and interest in and to the Confidential Information are and will remain the exclusive property of the Disclosing Party.
12. The Service allows User to view, access, link to, and use content from Third-Party Sources (as defined below) that is not owned or controlled by Closer2 ("Third-Party Content"). The Service may also allow User to communicate with and interact with Third-Party Sources. "Third-Party Sources" means: (i) third-party sites and services; and (ii) Closer2 partners and customers.
13. Closer2 is not affiliated with and has no control over any Third-Party Sources. Closer2 assumes no responsibility or liability for the content, terms of use, privacy policies, actions or practices of any Third-Party Sources, except for the willful misconduct of Closer2. Before taking any action, the User is obliged to read the terms of use and privacy policy of any Third Party Source with which he interacts.
14. Closer2 is not responsible, beyond willful misconduct, for the accuracy, appropriateness, usefulness, security, or intellectual property rights (as defined below) of the Third-Party Content.
15. Closer2 does not endorse any advertising, promotions, campaigns, products, services, or other materials contained in or transmitted to User from Third-Party Sources.
16. By using the Service, User may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable. User always have the option to choose whether to interact with a Third-Party Source or view and use the Third-Party Content. User interaction with a Third-Party Source and use of and reliance on Third-Party Content is at User sole discretion and risk.
17. User are solely responsible for User interaction with the Third-Party Source and for User own Materials.
PERSONAL DATA PROTECTION
1. Personal data of Users, legal representatives of Users and persons acting on behalf of Users, End Users, as well as any other persons viewing the content provided by Closer2 are collected and processed by Closer2 in accordance with applicable laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR") on the protection of natural persons with regard to the processing of personal data and on free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and in accordance with the provisions of the Privacy Policy.
2. Due to the fact that the Services on the Website, including the Products, are information society services, in accordance with the GDPR, the processing of the User's data or of any other person with limited legal capacity who is under 18 years of age takes place after the consent or approval of the User's statutory representative.
3. Closer2 will use any personal information it may collect or obtain in connection with the Website, Account or Services, in accordance with the privacy policy which is available at www.closer2.io. By accepting the Terms and Conditions, the User and each person visiting the Website agree to the use of personal data that is provided or made available by the User or the person browsing the Website, in accordance with the Privacy Policy.
4. Closer2 reserves the right to access, read, store, and disclose any information it obtains in connection with the Site, Account, Product, Services, SLAs, Subscription, to the extent Closer2 reasonably believes it is necessary to (i) satisfy any applicable laws, regulations, legal process, subpoenas, or governmental requests, (ii) enforce the Terms of Service, including to investigate potential violations, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Closer2, its users, or the public.
COMPLAINT PROCEDURE
1. In the event of any irregularities in the functioning of the Website, including the Services, the User should first contact Closer2. User can contact Closer2 technical support at the e-mail address indicated on the Website. The User should provide in particular the data necessary to identify the problem related to the malfunction of the Website or its individual functionalities.
2. Closer2 makes every effort to ensure that the services provided on the Website are of the highest quality. Notwithstanding the above, the User is entitled to file a complaint free of charge regarding non-performance or improper performance of the Services by Closer2.
3. The User does not bear the costs of the complaint procedure.
4. When filing a complaint, the User should provide at least the following User data: name and surname or name of the User, User's e-mail address assigned to the Account, circumstances justifying the complaint, including data allowing for the identification of the problem, as well as the User's request related to the complaint.
5. If the data or information provided in the complaint do not allow for the consideration of the complaint, in particular do not allow for the proper identification of the problem, Closer2, if it is necessary for the proper consideration of the complaint, will ask the User via e-mail to clarify any doubts or obtain additional information from the User. In the message addressed to the User, Closer2 will specify its doubts or indicate the information necessary to consider the complaint.
6. The complaint is considered by Closer2 within 14 days from the date of its submission by the User. Closer2's response regarding the complaint is sent via e-mail to the e-mail address assigned to the Account.
7. The User is obliged to file complaints about any irregularities in the functioning of the Website, including the Services, within 7 days of detecting the irregularities, and no later than within 14 days of the occurrence of the irregularities. If the complaint is not submitted within the specified period, it is deemed that the User accepts such functioning of the Website, including the Services and Products, and Closer2 will not be liable in any respect in this respect. The time limitation for filing a complaint Closer2 does not apply to the Consumer and the Entrepreneur with consumer rights.
DISPUTE RESOLUTION
1. Subject to the provisions below, any disputes related to the Services will be submitted to the competent common courts. In relations with entities that are not Consumers, the competent court is the court with subject matter jurisdiction in Poznań (Poland).
2. The consumer has the right to use out-of-court methods of resolving consumer disputes through the European ODR platform developed by the European Commission, which is available on the website:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.
1. The consumer has the right to use out-of-court dispute resolution. Detailed information on the possibility of using out-of-court dispute resolution methods by the Consumer is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php
http://polubowne.uokik.gov.pl/rejestr,5,pl.html
1. The Office of Competition and Consumer Protection has a Contact Point that provides information on amicable consumer proceedings. The contact point provides assistance in filling in applications, provides information about entities that participate in resolving disputes and about other ways of pursuing consumer claims. The Contact Point can be contacted at: Pl. Powstańców Warszawy 1, 00-950 Warsaw, phone number: 22 55 60 332, 22 55 60 333, e-mail address: kontakt.adr@uokik.gov.pl.
CONTACT CLOSER2
1. In all matters related to the use of the Website, Users may contact Closer2 at the following e-mail address: regulations@closer2.io
CHANGES TO THE TERMS AND CONDITIONS
1. The Terms and Conditions shall enter into force on the date of their publication on the Closer2 website available at: www.closer2.io
  1. Closer2 is entitled to amend the Terms and Conditions in particular in the following cases:
  2. the need to improve the safety of Users;
2. the need to improve the operation of the Website or its functionality, as well as the introduction of its newer version (changes of this type will not be related to the increase or introduction of additional fees in relation to the fees already charged and will not affect the possibility of using the Website);
3. the need to counteract abuses or violations committed using the Website's functionalities;
4. introduction of a new or additional service or functionality of the Website,
5. changes to or discontinuation of individual Services, including Products (such changes will not affect Products paid for before they came into effect);
6. changes in generally applicable laws or other legal, technical or regulatory reasons affecting the content of the Terms and Conditions;
7. the need to introduce editorial changes to the Regulations.
8. Closer2 will inform the Users of any change to the Terms and Conditions via the Website or by e-mail, to the User's e-mail address assigned to the Account.
9. Amendments to the Terms and Conditions shall enter into force within a period of not less than 15 days from the date of notification of the amendment to the Terms and Conditions, unless the provisions of generally applicable law provide otherwise.
10. Closer2 is entitled to amend the Terms and Conditions without observing the 15-day deadline referred to above, including with immediate effect, if:
  1. the change is related to a legal or regulatory obligation imposed on Closer2, and it will not be possible to comply with the obligation imposed within the above-mentioned deadline,
  2. to: counter the threat related to the protection of online intermediation services, protect Users from fraud, malware or harmful software, spam, data breaches or other cybersecurity threats.
11. Closer2 informs Users about changes in the Terms and Conditions by posting a message about changes to the Terms and Conditions. Closer2 may also inform about changes to the Terms and Conditions via e-mail by sending a message about the change to the Terms and Conditions to the User's e-mail address assigned to the Account.
12. To Products that are active before the date of entry into force of the new Terms and Conditions, the provisions of the Terms and Conditions in the current wording shall apply.
13. In order to develop the Website and Products, Closer2 is entitled to introduce new services or functionalities to the Website. Changes made to the Website may be related to the need to conduct prior product tests. Changes to the Website or Products will not be related to the prejudice of the rights acquired by the Users.
14. A User who does not accept the amendment to the Terms and Conditions and who is bound by the new Terms and Conditions, subject to 16.7., is entitled to terminate the agreement for the creation and maintenance of the Account with immediate effect.
15. The use of the Website or Products by the User after the amendments to the Terms and Conditions have been made shall be tantamount to the User's submission of a statement of acceptance of the changes to the Terms and Conditions.
16. The Terms and Conditions are available on the Closer2 website at www.closer2.io, in a way that allows them to be obtained and recorded, at any time.
FINAL PROVISIONS
1. Closer2 makes the Terms and Conditions available on the Closer2 website at: www.closer2.io
2. The following appendices to the Terms and Conditions constitute an integral part thereof:
3. Appendix No. 1 – Template of the form on withdrawal from the agreement.
4. If any provision of the Terms and Conditions is or is found to be defective, ineffective or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected.
5. Closer2 and the User are independent contractors. Nothing in these Terms and Conditions creates a partnership, joint venture, agency, or employment relationship between Closer2 and User.
6. All receivables, claims, rights and licenses granted hereunder may not be transferred by the User to a third party without the written consent of Closer2, but may be transferred to a third party by Closer2 without the consent of the User. With regard to Consumers and Entrepreneurs with consumer rights, the above-mentioned transfer made by Closer2 may take place only with the consent of such user.
7. Unless otherwise provided for by mandatory provisions of law, the applicable law for agreements concluded between the User and Closer2 in connection with the use of the Website shall be the Polish law. Making a choice of Polish law is not related to the loss by the Consumer of legal protection granted to him on the basis of mandatory provisions of law, the exclusion of which is not possible by way of a legal act, in accordance with the applicable law that would be applicable in the absence of a choice of law.
8. Any disputes arising in connection with the use of the Website will be considered by Polish courts with jurisdiction over the registered office of Closer2.

APPENDIX NO. 1 – Template of the withdrawal form

A Consumer or an Entrepreneur with the rights of a Consumer wishing to withdraw from the agreement may use the model of withdrawal from the agreement provided below. The form below should be completed and sent to Closer2 only if you wish to withdraw from the contract.

CLOSER2 SP. Z O.O.

Za cytadelą 130, 61-659 Poznań

I, __________________________ (name and surname) hereby inform you about my withdrawal from the contract for the __________________________ Service as part of the __________________________ website.

The date of conclusion of the agreement is __________________________ (the date of conclusion of the agreement).

Privacy Policy

§1 General provisions

The data administrator is Closer2 sp. z o.o. Za Cytadelą 130, entered into the Register of Entrepreneurs under KRS number**: 0001065226**, for which registration files are kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań, VIII Commercial Division – National Court Register, NIP: 9721345231, REGON: 526759605, share capital PLN 150,000 paid in full. Data protection is carried out in accordance with the requirements of generally applicable legal regulations, and their storage takes place on secured servers.

For the interpretation of terms, the glossary of the Terms and Conditions is used or as described in the Privacy Policy (if it results directly from the description).
For the purposes of better understanding of the Privacy Policy, the term "User" has been replaced with the term "You", "Administrator" – "We". The term "GDPR" means 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.

§2 Data Controller

Closer2 is the data controller of the data of its customers and visitors to our website. This means that if you fill in the contact form, event sign-up or newsletter form on our website, we process your data such as: name, surname, e-mail address, phone number, position, place of work, company address, IP address.
Personal data is processed:

in accordance with the provisions on the protection of personal data,
in accordance with the implemented Privacy Policy,
to the extent and for the purpose necessary to establish, shape the content of the Agreement, amend or terminate it and properly perform the Services provided by electronic means,
to provide services available on our website, such as customer widgets and database management. For example, this may include contact information that is necessary to register users, maintain user accounts, and enable the use of widget features.
to respond to inquiries, reports and complaints related to the use of our services. This information may include contact information and the content of correspondence.
with your consent, we may process personal data for marketing purposes, including sending newsletters, information about new products and services, and promotional offers.
to analyse how users use our website, which allows us to improve it and tailor the offer to the needs of users. This may include collecting data about your navigation and activity on the website.
to ensure the security of our IT systems, to detect fraud and to protect our rights and interests.
to the extent and for the purpose necessary to fulfil legitimate interests (purposes), and the processing does not violate the rights and freedom of the data subject:
- to the extent and for the purpose consistent with the consent expressed by you if you have filled in the contact form,
- to the extent and for the purpose consistent with the consent expressed by you if you have subscribed to the newsletter,
- to the extent and for the purpose consistent with your consent if you have signed up for a webinar/training/conference.

Each data subject (if we are the data controller) has the right to access data, rectify, delete or limit processing, the right to transfer data, the right to object, the right to lodge a complaint with the supervisory authority.
Contact with the person supervising the processing of personal data in the Closer2 organization is possible by e-mail at the following e-mail address: regulations@closer2.io
We reserve the right to process your data after termination of the Agreement or withdrawal of consent only to the extent necessary to pursue possible claims before the court or if national or EU regulations or international law oblige us to retain data.
Closer2 has the right to make the User's personal data and other data available to entities authorized under the relevant provisions of law (e.g. law enforcement authorities).
Deletion of personal data may take place as a result of withdrawal of consent or lodging a legally permissible objection to the processing of personal data.
Closer2 does not make personal data available to entities other than those authorized under the relevant provisions of law.
Personal data is processed only by persons authorized by us or processors with whom we work closely.

§3 how we protect and store your information

We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. Please note, however, that we cannot guarantee that information will not be compromised as a result of unauthorized penetration of our servers. Because the security of your information depends in part on the security of the computer, device, or network you use to communicate with us and the security you use to protect your user IDs and passwords, make sure you take appropriate measures to protect that information.
Your Personal Information will be kept until we erase the record and delete it proactively or you send a valid deletion request. Please note that in some circumstances we may retain your Personal Data for longer periods of time, such as (i) where we are required to do so under legal, regulatory, tax or accounting requirements or (ii) so that we have an accurate record of your dealings with us in the event of any complaints or challenges or (iii) if we reasonably consider that there is a prospect of litigation relating to your Personal Data or contacts.

§4 how we share your personal information

With our service providers and business partners (e.g., to offer products or services), including, without limitation, third-party hosting providers (such as Amazon Web Services) and other vendors and service providers (such as Hubspot (CRM), Intercom (support tickets), Lumigo (monitoring and notification), LogRocket (performance), Sentry (monitoring and notification), Stripe (payment processing), Google Analytics (analytics), Mixpanel (analysis), Metabase (analysis), Segment (analysis)) to help us provide the services of the Website and Platform.
In the context of the Platform, we allow our customers to share certain content/information with third-party integrations. Please note that these actions are performed by the customer himself and are subject to his request.
Our employees and affiliates.
To the extent necessary, in relation to regulators, courts or competent authorities, in order to comply with applicable laws, regulations and rules and requests from law enforcement, regulators and other governmental authorities, or if required by a court order.
If in the future we sell or transfer, or are contemplating to sell or transfer some or all of our business, shares, or assets to a third party, we will disclose your Personal Data to such third party (actual or potential) in connection with the above.
In the event of an acquisition or merger with a third party, bankruptcy or similar event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the above events.
Where you have consented to us sharing or sending your Personal Data (e.g. where you have given us consent for marketing activities or consented to optional additional services or functionalities).

§5

We do not offer our products or services for use by children, so we do not knowingly collect Personal Data from and/or about children under the age of eighteen (18). If you are under the age of eighteen, please do not provide us with any Personal Data without the involvement of a parent or guardian. In the event that we become aware that you are providing Personal Data in violation of applicable privacy laws, we reserve the right to delete it. If you believe we may have such information, please contact us at: regulations@closer2.io

§6 Cookies

The website www.closer2.io ****use cookies. These are small text files sent by a web server and stored by the browser's computer software. When the browser reconnects to the page, the website recognizes the type of device from which the user is connecting. The parameters allow only the server that created them to read the information contained in them. Cookies therefore make it easier for you to use websites that you have previously visited.
The information collected includes your IP address, the type of browser you use, your language, your operating system, your internet service provider, time and date information, your location, and the information you send to the website via a contact form.
The data collected is used to monitor and check how users use our websites in order to improve the functioning of the website by providing a more effective and trouble-free navigation. We monitor information about users using the Google Analytics tool, which records user behavior on the website.
Cookies identify the user, which allows us to tailor the content of the website they use to their needs. By remembering their preferences, it allows them to properly match the ads addressed to them. We use cookies to guarantee the highest standard of convenience of our website, and the collected data is used only within Closer2 to optimize operations.
We use the following cookies on our website:
- "necessary" cookies, which are used to enable the use of services as part of the website,
- "performance" cookies, enabling the collection of information on how the website pages are used;
- "functional" cookies, which allow us to "remember" the settings selected by the user and personalize the user interface, e.g. in terms of the selected language or region of the user's origin, font size, appearance of the website, etc.;
- "advertising" cookies, which are used for marketing purposes.
The user can disable or restore the option of collecting cookies at any time by changing the settings in the web browser. Instructions for managing cookies are available at:

http://www.allaboutcookies.org/manage-cookies

Additional personal data, such as e-mail address, is collected only in places where the user has expressly consented to it by filling in the form. We store and use the above data only for the needs necessary to perform the given function.

If you have any questions regarding the processing of your personal data, please contact:

Email: regulations@closer2.io
Address: 130 Za Cytadelą Street, 61-659 Poznań

Please read this Privacy Policy carefully and contact us if you have any concerns.