MAXDATA.APP SERVICE REGULATIONS

§ 1. General provisions

This regulation (hereinafter: "Regulation") defines the rules and conditions for using the internet service "maxdata.app", operating at the internet address maxdata.app (hereinafter: "Service").

The Regulation is a regulation referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: "Act on the provision of electronic services").

The Service is owned by Maxdata App Ltd with its registered office in London (registered office address: Flat 3, 331 Brownhill Road, SE6 1AL, London), entered in the Companies House register in the United Kingdom under number 14679169 (hereinafter: "Service Provider").

Contact with the Service Provider is possible via the contact form on the MaxData.app website.

As part of the conducted activity, the Service Provider provides services to Service Recipients indicated in the Regulations via electronic means (hereinafter: "Services").

The Service Provider does not provide services including brokerage services, intermediation services, or investment advisory services, nor does it cooperate with entities providing such intermediation or investment advisory services.

Information about the Services available on the Website, in particular their descriptions, technical and functional parameters, as well as prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of 23 April 1964 (hereinafter: "Civil Code").

Before starting to use the Service, the Service Recipient is obliged to familiarize themselves with the Regulations and the Privacy Policy.

§ 2. Definitions

The capitalized terms used in the Regulations have the following meanings:

Working day - a day that is not Saturday, Sunday, or another day off work within the meaning of the Act of 18 January 1951 on days off work;

Assignment - a term defined in § 14 (1) of the Regulations;

Civil Code - a term defined in § 1 (7) of the Regulations;

Consumer - a natural person entering into a legal transaction with the Service Provider not directly related to their business or professional activity;

Account - a panel created in the Service's IT system, enabling the Service Recipient to use the Services;

Payment operator - an entrepreneur providing electronic payment services to the Service Provider. The current Payment Operator is: Stripe, Inc., pay.MaxData.app.

Declaration - a term defined in § 6 (2) of the Regulations;

Privacy Policy - a document containing information about the processing of Service Recipients' personal data by the Service Provider;

Entrepreneur - a natural person, legal person, or organizational unit without legal personality, which has legal capacity granted by specific regulations, conducting business or professional activity on its own behalf;

Entrepreneur acting as a Consumer - a natural person conducting business or professional activity on its own behalf, who has concluded an agreement directly related to its business activity with the Service Provider, but without having a professional character for that person, resulting in particular from the subject matter of the business activity performed by them;

Regulations - a term defined in § 1 (1) of the Regulations;

Service - a term defined in § 1 (3) of the Regulations;

Agreement - an agreement for the provision of electronic services, including the provision by the Service Provider to the Service Recipient of one or more Services;

Services - services provided by the Service Provider to Service Recipients electronically within the scope of the Service;

Paid Services - a term defined in § 5 (5) of the Regulations;

Service Recipient - a person who is a Consumer, Entrepreneur, or Entrepreneur acting as a Consumer, who has entered into an agreement with the Service Provider or has taken actions aimed at its conclusion;

Service Provider - a term defined in § 1 (3) of the Regulations;

Consumer Rights Act - the Act of 30 May 2014 on consumer rights;

Act on the provision of electronic services - a term defined in § 1 (2) of the Regulations;

§ 3. Technical requirements

Proper use of the Service by Service Recipients requires:
a. Internet connection;
b. Possession of devices enabling access to Internet resources (PC, laptop, smartphone, tablet);
c. Use of an up-to-date web browser;
d. Acceptance of cookies used within the Service.

Creating an Account requires:
a. Fulfillment of the conditions referred to in paragraph 1 above;
b. Possession of a personal email account;
c. Possession of a personal mobile phone and a valid phone number.

Within the Service, Service Recipients are prohibited from using viruses, bots, worms, or other computer code, files, or programs (in particular, automation scripts and application codes or other codes, files, or tools).

§ 4. General rules for using the Service

The Service Recipient is obliged to use the Service in accordance with the provisions of the law in force, the provisions of the Regulations, as well as with good manners.

Providing content of an unlawful nature by the Service Recipient is prohibited.

A Service Recipient who is a natural person may use the Service only personally. Only persons authorized to represent the Service Recipient as members of the body, proxies, or attorneys are authorized to use the Service on behalf of a Service Recipient who is not a natural person.

Providing by the Service Recipient data enabling unauthorized access to the Account is prohibited.

The data and information provided by the Service Recipient in connection with the use of the Service must be true, complete, and accurate.

In the event of a reasonable suspicion:
a. of unauthorized use of the Account;
b. of providing by the Service Recipient false, incomplete, or inaccurate data and information; the Service Provider may refuse to conclude the Agreement and perform the Service until the above doubts are clarified.

The Service Provider may suspend the provision of the Service if its performance would pose a threat to the safety of the Service Recipient, other Service Recipients, or the Service. If the Service suspended is a paid one, the Service Provider refunds to the Service Recipient all payments made by them within 7 (seven) working days.

Prior to establishing business relationships and at any time during their duration, the Service Provider may request from the Service Recipient (to ensure the compliance of the services provided with the actual intention of the Service Recipient and to fulfill the obligations imposed on the Service Provider by the AML Law):
a. confirmation of the service execution order, including separate authorization using the Service Recipient's identification data;
b. provision of additional data and information to confirm the identity of the Service Recipient;
c. presentation of documents confirming the identity of the Service Recipient;
d. indication of the purpose of using the Service and documents confirming it;
e. presentation of information about the source of origin of financial values ​​used in the use of the Service and documents confirming it.

If the Service Provider suspects a breach of the provisions of the law in force, legally protected interests of the Service Provider or third parties, the provisions of the Regulations, or good manners by the Service Recipient, the Service Provider may temporarily, for a period not exceeding 30 (thirty) days, block the Service Recipient's access to the Service and suspend the implementation of some or all Services until the breach is clarified.

If the Service Provider determines that the Service Recipient has committed a violation, the Service Provider may issue a warning against further violations or - in the case of a serious violation - terminate the Agreement and terminate the business relationship in the manner indicated in § 6 of the Regulations.

§ 5. Types and Scope of Provided Services

The Service Provider offers the User the option to create an Account in the Service and maintain access to the Account until its deletion.

Services cannot be purchased without having an Account in the Service. In such cases, the Service Recipient will be asked to register before purchasing Services.

The Service Recipient can order Services directly from the Service Provider through the Service.

The Account in the Service allows the Service Recipient to view purchased Services and access materials visible after logging in.

The Service Provider reserves the right for each Service to be provided electronically (online) or in-person at the location and time specified in accordance with the Service description.

Services are subject to payment according to the price visible in the Service description.

The use of Services is available only to individuals with full legal capacity.

Within the Account, the Service Recipient may have access to dedicated and free materials from the Service Provider for a period determined by the Service Provider.

The User agrees to receive invoices electronically.

§ 6. Termination of Agreement and Termination of Business Relations

The provisions of this paragraph regarding the Agreement apply exclusively to the Agreement for the provision of the incomplete Account Service and the Agreement for the provision of the incomplete Account Service.

The Service Recipient may terminate the Agreement (cancel subscription) at any time through the user panel on the maxdata.app/user page.

The Service Provider may terminate the Agreement in cases specified in the Regulations and applicable laws, with a notice period of 7 (seven) business days. To terminate, the Service Provider places a message with the termination declaration on the Account or sends it via the form on the website. Upon expiry of the notice period, the Service Provider, at the request of the Service Recipient, may remove the Service Recipient's Account from the Service.

The Service Provider may block the Service Recipient's access to the Service and suspend the execution of some or all Services during the notice period if necessary to prevent violations by the Service Recipient.

Regardless of other provisions of the Regulations, the Service Provider may terminate the Agreement if:
a. the identity of the full-age User cannot be verified in accordance with the provisions of the Regulations;
b. there are reasonable doubts about the accuracy, authenticity, or completeness of the identification data provided by the full-age User or the documents used to verify them;
c. there are reasonable suspicions that the Service Recipient is using the Service contrary to generally applicable law, especially to commit, attempt, or aid in the commission of a crime specified in Article 299, 165a, and Chapters XXXV-XXXVI of the Act of June 6, 1997, Penal Code;
d. there are reasonable suspicions that the Service Recipient is using the Account in an unauthorized manner;
e. unauthorized access to Service Recipient data allowing login to the Service by third parties is obtained.

In the event of termination of the Agreement for the reasons specified in paragraph 5 above, the Service Recipient may refuse to re-sign the Agreement and thus refuse access to the Services provided within the Service.

The termination of the Agreement does not affect the validity of other Agreements fulfilled by one of the Parties until the termination.

The termination of the Agreement is tantamount to the termination of business relations between the Service Provider and the Service Recipient.

§ 7. Right of Withdrawal from the Agreement

The provisions of this paragraph apply exclusively to Agreements concluded by Service Recipients who are Consumers or Entrepreneurs acting as Consumers.

The Service Recipient has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days from the date of its conclusion.

The right to withdraw from the Agreement is exercised by the Service Recipient by submitting a statement of withdrawal from the Agreement (hereinafter: "Statement"). To meet the deadline for withdrawal from the Agreement, it is sufficient to send the Statement before the deadline referred to in paragraph 2 above.

The Statement may be submitted by the Service Recipient in any form, in particular using the form attached as Annex No. 2 to the Consumer Rights Act. To facilitate the exercise of the right of withdrawal from the Agreement, however, the Service Provider recommends submitting the Statement in the manner specified in paragraph 5 below.

In the event of a decision to withdraw from the Agreement, the Service Recipient should send a message containing the following elements via the form on the website:
a. first name and last name/company name of the Service Recipient;
b. email address;
c. explicit statement of withdrawal from the Agreement;
d. The Service Provider sends confirmation of receipt of the Statement immediately after receiving it, via email.
e. Immediately, but no later than within 7 (seven) business days from the date of receiving the Statement, the Service Provider deletes from the Service the Account belonging to the Service Recipient.

§ 8. Liability of the Service Provider

The Service Provider is not liable for:
a. temporary unavailability of all or some Services;
b. consequences of actions taken by the Service Provider to adapt the operation of the Service to applicable legal regulations;
c. damages arising during or in connection with the use of the Service;
d. non-performance or improper performance of the Service resulting from the Service Recipient's actions contrary to the Regulations or the law, in particular the use of another person's personal data;
e. non-performance or improper performance of obligations arising between Service Recipients;
f. damages resulting from using the Service in a manner inconsistent with its purpose, provisions of the Regulations, or applicable laws;
g. non-performance or improper performance of the Service due solely to the Service Recipient's actions;
h. non-performance or improper performance of the Service due to the actions or omissions of third parties, for which the Service Provider is not liable;

The Service Provider makes every effort to ensure that the Service is available to Service Recipients at all times.

The Service Provider is not liable for disruptions in the functioning of the Service resulting from:
a. maintenance, conservation, and modernization work carried out on the Service;
b. reasons attributable to the Service Recipient, in particular the malfunctioning of the Service Recipient's devices or the Service Recipient losing connection to the Internet;
c. reasons beyond the control of the Service Provider, in particular the actions of third parties, for which the Service Provider is not liable.
d. The Service Provider undertakes to carry out the work referred to in paragraph 3 point 1 above in a manner that is as least burdensome as possible for the Service Recipients.

§ 9. Complaints

In the event that the Service Provider provides services not in accordance with the Regulations, the Service Recipient has the right to file a complaint.

The Service Recipient submitting a complaint for the reasons stated in paragraph 1 above should send a message through the contact form on the MaxData.app website, containing the following elements:
a. First and last name/company name of the Service Recipient;
b. Email address;
c. Subject of the complaint (description of identified irregularities);
d. Circumstances substantiating the justification of the complaint;
e. Proposal for resolving the complaint.
f. The deadline for processing the complaint and providing a response is 30 (thirty) days from its receipt by the Service Provider in the correct and complete form. The lack of a response within the deadline indicated in the preceding sentence constitutes acknowledgment of the complaint.

The Service Provider responds to the complaint via the form on the website.

§ 10. Intellectual Property of the Service Provider

All components of the Service, in particular:
a. the name of the Service;
b. the logo of the Service;
c. the operation rules of the Service's website, all its graphic elements, the interface, the software, the source code, and the databases, are subject to legal protection under the provisions of the Act of February 4, 1994, on Copyright and Related Rights, the Act of June 30, 2000 - Industrial Property Law, and other applicable legal regulations, including the regulations of the European Union.

Any use of the Service Provider's intellectual property without their prior explicit permission is prohibited.

§ 11. Processing of Personal Data

Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at the following address: https://legal.maxdata.app

§ 12. Out-of-Court Dispute Resolution

The provisions of this paragraph apply exclusively to Service Recipients who are Consumers.

The Service Recipient has the option to use out-of-court methods of complaint resolution and claims enforcement.

Detailed information regarding the possibility for the Service Recipient to utilize out-of-court methods of complaint resolution and claims enforcement, as well as the rules for accessing these procedures, are available at the Service Provider's headquarters or can be provided upon request by the Service Recipient.

The Service Recipient may also use the online dispute resolution platform (ODR) available at: http://ec.europa.eu/consumers/odr/.

§ 13. Amendment of the Regulations

The Service Provider may amend the Regulations in the event of:
a. a change in the Service Provider's scope of business activities;
b. the introduction of new services by the Service Provider, the withdrawal of previously provided services, or the modification of currently provided services;
c. technical modifications to the Service requiring adjustments to the Regulations;
d. a legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.

Service Recipients will be notified of changes to the Regulations by publishing the amended version on the Service's website at least 14 (fourteen) days before the effective date of the changes. Within the period specified in the preceding sentence, the amended version of the Regulations will also be sent to Service Recipients via email.

A Service Recipient who does not agree to the amendment of the Regulations may terminate the Agreement by sending a statement of termination to the Service Provider via email before the changes take effect. Failure to submit a termination within the period specified in this paragraph shall be deemed as consent to the provision of services by the Service Provider in accordance with the amended provisions of the Regulations.

The provisions of paragraph 3 above do not apply to changes to the Regulations consisting of:
a. changes to the Service Provider's identification and contact details;
b. changes to the name of the Service and its internet address;
c. changes to the technical requirements for using the Service and services, which will not restrict or deprive current Service Recipients of the ability to use the Service or services or impose additional obligations on them.

§ 14. Assignment

In the event of the transfer of rights and obligations of the Service Provider arising from concluded Agreements to another service provider (hereinafter: "Assignment"), the Service Provider is obliged to notify Service Recipients at least 14 (fourteen) days before the effective date of the Assignment using the form on the website.

A Service Recipient who does not agree to the Assignment may terminate the Agreement by submitting a termination statement to the Service Provider via the form on the website before the Assignment takes effect. Failure to submit a termination within the period specified in paragraph 1 shall be deemed as consent by the Service Recipient to the Assignment.

§ 15. Final Provisions

The current version of the Regulations is effective from March 10, 2023.

The Service Provider provides the content of the Regulations before creating an Account.

The Regulations may also be provided in another manner, upon individual request of the User or a third party, in case there is a problem with displaying or reading the Regulations. For this purpose, please contact technical support.

Updated on: 18/03/2024