The Terms of Service provide the terms and conditions of use of the CoeditorAI system, including conditions for providing services by electronic means, terms of executing and terminating the Contracts, and complaints procedure.
Using the Website and the Services available through the CoeditorAI Website, CoeditorAI API, and CoeditorAI R package requires reading and accepting these Terms of Service.
The Service Provider is Kamil Wais InnowacjeSystemowe.pl, ul. Witkacego 3/329, 35-111 Rzeszów, NIP [tax id]: PL 8133290946, REGON [statistical id]: 180490042, email: contact@coeditorai.com.
§ 2. Definitions
The capitalized terms used herein have the following meanings:
Account means a part of the CoeditorAI system that constitutes a set of resources and rights assigned to the User, accessible after signing in (registering maximum one email address per user);
Act on Consumer Rights means the Act of 30 May 2014 on consumer rights (consolidated text of 21 February 2020, Journal of Laws of 2020, item 28, as amended);
Act on Provision of Electronic Services means the Act of 18 July 2002 on the provision of services by electronic means (consolidated text, Journal of Laws of 3 March 2020, item 1219, as amended).
Contract means a contract for the provision of services by electronic means concluded remotely between the Service Provider and User, the subject and content of which are defined by the provisions of Terms of Service, Price List, and Instructions;
Fee means the remuneration paid by the User to the Service Provider in an amount specified in the Price List (respectively to the selected option) for the use of paid Services in a given Settlement Period;
GDPR means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
Instructions mean any information and notices concerning a description of the current functionalities, capabilities, and working principles of the CoeditorAI system placed on the Website;
Link means a coded link generated and individually assigned to the User, the clicking of which confirms the creation of the Account and enables the User to access it; the User receives the Link in an email sent after the purchase of the Service Provider‘s product or service using the CoeditorAI website;
CoeditorAI system means an IT solution (software together with elements that are not software) made available by the Service Provider to the User in the SaaS model, equipped with a set of functionalities referred to in Terms of Service, Price List, and Instructions;
Personal Data means any information related to an identified or identifiable natural person;
Price List means the information on the Fees for paid Services made available on the Website, constituting an integral part of this Terms of Service;
Privacy Policy means the document setting out the terms of processing Personal Data, available at: https://coeditorai.com/privacy_policy.html;
Processor means an entity processing Personal Data within the meaning of Article 28 of the GDPR, on behalf of the controller of such data according to a data entrustment agreement, being herein the Service Provider concerning the Personal Data.
SaaS means the software as a service installed and maintained entirely within the Service Provider’s infrastructure;
Service Provider means the entity providing Services under the Terms of Service, Price List, and Instructions, i.e. Kamil Wais InnowacjeSystemowe.pl, ul. Witkacego 3/329, 35-111 Rzeszów, NIP [tax id]: PL 8133290946, REGON [statistical id]: 180490042, email: contact@coeditorai.com;
Services mean free of charge and chargeable services provided electronically by the Service Provider to Users under the Terms of Service, Price List, and Instructions;
Settlement Period means a period of performance of the paid Service for which the Fee is due, depending on its option selected by the User, as specified in the Price List, e.g., one month, quarter, half a year, one year, etc.;
Terms of Service mean these terms for the provision of services by electronic means, constituting a model agreement and complying with the obligation referred to in Article 8 section 1 item 1) of the Act on Provision of Electronic Services;
User means an individual with full legal capacity, a legal person, or an organizational unit without legal personality, which is granted legal capacity by law, using the Services, including the functionality of the CoeditorAI website, R package, and API, under the Contract;
Website means the website available at the Internet address coeditorai.com and its subdomain addresses.
§ 3. Types and scope of the Services provided
The Service Provider provides the following Services via the Website and API:
- creation, maintenance, and deletion of the Account,
- access to the CoeditorAI API and use of its functionalities,
- newsletter,
- blog.
The Services are free of charge (Account creation, access to the trial plan of the CoeditorAI API, Newsletter, blog) and chargeable (access to the paid plans of the CoeditorAI API in the selected option after the trial period).
The Service Provider shall provide the Services continuously, seven days a week, subject to the provisions of section 4 below.
The Service Provider reserves the right to temporarily suspend the Services’ provision due to maintenance or repair works and in connection with the modernization or reconstruction of the CoeditorAI system. The Service Provider shall make every possible effort to ensure that interruptions in the provision of the Services are not disruptive (including that they take place during the night hours and last as short as possible). Notification of any planned, temporary suspension of the CoeditorAI API shall be provided to the User via the Account or electronically to the email provided during the registration.
The Service Provider provides services to Users.
The Service Provider shall not be liable for disruptions in access to the CoeditorAI API and the interruptions in the performance of the Services related to them, and shall not be responsible for damage resulting from the loss of data by the UserSubscriber, caused by:
- force majeure (understood as a sudden, unpredictable event, beyond the Service Provider’s control, such as fire, flood, natural disasters, epidemics, earthquake),
- failure of the UserSubscriber’s equipment,
- power cuts or the Internet connection outage,
- threats connected with the use of the network by the UserSubscriber (hacker attacks, viruses, etc.),
- unauthorized interference by the User, or third parties,
- faulty operation of telecommunication systems and software installed on the User’s computer equipment;
- the User being unaware or failing to comply with the Terms of Service and applicable law.
Any liability of the Service Provider related to the non-performance or improper performance of the Services (including for loss of data) shall be limited to the actual losses incurred by the User and shall not exceed the amount of the Fee paid in a given Settlement Period.
§ 4. Terms of use of the CoeditorAI system
Using the Website and the CoeditorAI API requires meeting the following minimum technical requirements:
- having a device with an Internet connection; the Service Provider does not cover the costs of connecting the device to the Internet, as the user of the Services bears them according to the network operator rates;
- having an up to date version of a web browser that enables the proper display of the Website resources (e.g., Firefox, Chrome, Safari); the Service Provider recommends that these are the latest stable versions of the above browsers;
- having an active email address;
- having an up to date version of RStudio IDE, R and its depdencies (system libraries and R packages).
The User undertakes to use the the CoeditorAI system in a manner consistent with their intended purpose, the Terms of Service, the Instructions, and in accordance with the applicable law, rules of social conduct, and best practices. The use of resources and functions available on the Website and the CoeditorAI API for purposes other than those specified in the Contract requires a separate, prior consent of the Service Provider.
By accepting these Terms of Service the User undertakes in particular to:
- comply with the prohibition of posting unlawful content, understood as, among other things: prohibition of posting content that is offensive, untrue, immoral, violating good practices, promoting violence and hatred,,
- not to undertake actions aimed at disrupting the functioning of the CoeditorAI system and gaining access to information or data not intended for the User,
- not to undertake any other actions contrary to the applicable laws, good practices, or violating rights and personal interests of the Service Provider and third parties (including intellectual property rights).
If the User violates these Terms of Service, the applicable laws, or acts to the detriment of the Service Provider, other Users, or third parties in any other way, the Service Provider shall be entitled to restrict or terminate their access to the CoeditorAI API, with immediate effect. The User shall be notified immediately of the action taken. Re-access to the system (including access to the CoeditorAI API) requires the prior consent of the Service Provider.
If the event referred to in section 4 above occurs, the User shall undertake immediate actions to eliminate the reason for the restriction or blocking of access to the Services; otherwise, the Service Provider is entitled to terminate the Contract with immediate effect (without notice).
The Service Provider hereby informs Users that the use of services provided electronically, via the Internet is connected with the following threats:
- malware;
- various types of applications or scripts having harmful, criminal, or malicious effects concerning the ICT system of the network user, such as viruses, worms, trojans (Trojan horses), keyloggers, dialers;
- spyware;
- trackers;
- user activities that collect information about the user and send it usually without the user’s knowledge or consent to the developer of the software;
- spam, i.e., unwanted and unsolicited emails sent simultaneously to many recipients;
- phishing for confidential personal information (e.g., passwords) by impersonating a trustworthy person or institution;
- intrusions into a user’s IT system by using, among others, such hacking tools as exploit rootkits.
The Service Provider informs Users that it applies modern means to protect the CoeditorAI system against unauthorized actions of third parties. Nevertheless, the Service Provider advises Users that they also take steps to mitigate as much as possible the potential risk of the threats referred to in section 6 above, including:
- equip their electronic devices used to receive the Services with anti-virus software and keep it up to date;
- regularly scan the entire system with anti-virus software;
- have an active firewall;
- keep software up to date;
- not open email attachments of unknown origin;
- read the information contained in application installation windows and their licenses;
- use original system and application from legal sources.
§ 5. Account
Registration and maintenance of an Account are free of charge.
The User may register an Account by filling in the registration form available via CoeditorAI R package, providing his/her data in line with the facts (email), and accepting the Terms of Service and Privacy Policy.
The Contract for maintaining the User’s Account is concluded between the Service Provider and the User upon activation of the Account, which takes place after filling in the form and clicking on the button “Create the Account / Register new email.”
The Contract for maintaining the User’s Account between the Service Provider and the User is concluded upon clicking by the User on the Link, which takes place after the purchase of the Service Provider’s product or service using the CoeditorAI Website.
Signing in to the User’s Account requires providing a login and password. The login is the email address provided by the User. The User creates the password individually in the registration process.
Signing in to the User’s Account requires, in the case of the first visit – clicking the Link, and in the case of subsequent visits - setting up the login and password by the User in the RStudio IDE.
The Service Provider undertakes (and shall oblige the User respectively) to keep the information enabling access to the Account confidential. To maintain login security, the Service Provider recommends creating a strong login password. The Service Provider is not responsible for the consequences of the User sharing the password with third parties.
The Service Provider is entitled to block or delete the Account in circumstances referred to in Article 4 sections 4 and 5 hereof.
Change or recovery of the password is possible through the password recovery or change function available in the CoeditorAI R package.
The Account is created for an indefinite term. The User is entitled to delete the Account at any time without providing a reason. For this purpose, an email should be sent to the following address: contact@coeditorai.com.
§ 6. CoeditorAI System
The Users use of the CoeditorAI API functionalities requires prior registration of the Account, and in the case of paid services – placing an order and paying the Fee.
Within the CoeditorAI API, the Service Provider provides the following Services:
- free access to the CoeditorAI API trial plan,
- paid access to the selected variant of the CoeditorAI API in line with the Price List.
The free-trial plan of the CoeditorAI API:
- requires setting up and signing in with the Account;
- is available on a one-off basis;
- can be switched off by the Service Provider by submitting to the Service Provider the resignation from the use of the trial version or by deleting the Account;
- is available until the expiry of its duration, unless the User places an order for paid Services within the chosen option. The above is tantamount to the fact that access to the paid Services is not automatically activated after the expiry of the trial version use period (no Fee is charged).
The use of paid access to the CoeditorAI API:
- requires signing in with the Account, placing an order for a particular type of the Services and making a payment under the Price List and the terms specified in Article 8 hereof;
- activation of the paid Service shall take place immediately after crediting the Service Provider’s account;
- if the Settlement Period expires, the Contract for the provision of the paid Services shall be extended if the User places a new order under the terms referred to in item 1) above;
- before the expiry of the Settlement Period, the Service Provider shall inform the User of expiry of the Settlement Period and a requirement to make a subsequent payment;
- the Contract for the provision of the Service of paid access to the CoeditorAI API is executed for a period valid for a given type /option of the Services.
If the User breaches obligations referred to in Article 4 Section 3 hereof, or the circumstances referred to in Article 4 Section 5 hereof occur, the Service Provider is entitled to terminate the Contract for the provision of the access Services to CoeditorAI API, without notice.
The Service Provider is not responsible for the malfunction of external entities, does not act as an intermediary in the transactions, and is not a party to the agreement between the User and external entities. In addition, the Service Provider is not responsible for the possible removal of materials from external websites and recommends the User have backup copies of materials posted on the external providers’ websites.
§ 7. Newsletter
The Service Provider shall provide a free-of-charge Service consisting of sending information on the following topics: subscription sale of access to content, new functionalities of the CoeditorAI System, and promotions of the Services (hereinafter: “Newsletter”) via email to the email address provided by the User during registration.
The Newsletter service is provided free of charge for an indefinite term.
All Newsletter content and graphics are subject to copyrights or other rights vested in the Service Provider or third parties and are protected by law. Copying, modifying, and using them in a manner contrary to their purpose or without the consent of the Service Provider may constitute an infringement of law.
Activation and signing up for the Newsletter requires performing the following actions: (i) providing in an electronic form available on the Website the following data: name and email address, (ii) reading the Terms of Service (in particular in part related to the Newsletter) and Privacy Policy and (iii) activating the Newsletter Service by clicking on the “Subscribe” button.
By providing the User’s email address and clicking on the “Subscribe” button, the User agrees to receive commercial information to the email address provided, within the scope referred to in section 1 above.
The User may deactivate the Newsletter Service at any time, which constitutes termination of Contract for the Newsletter Service. Deactivation of the Newsletter Service requires clicking on the link “Unsubscribe” included in the email, which results in the discontinuation of sending the Newsletter by the Service Provider to the email address indicated by the User.
The User may re-subscribe to the Newsletter at any time.
§ 8. Payments
The User shall pay for the paid Service in advance in accordance with the Price List. The prices given are expressed in United States Dollars [USD] and are net prices.
Due to the nature of payment methods available on the Website, the User shall pay immediately for paid Services, i.e., immediately after placing the order; otherwise, the Service Provider has the right to cancel the order.
If the Service type is not specified in the valid Price List, the User shall be bound by a personalized price list corresponding to the content of a separate agreement executed with the Service Provider.
The Service Provider enables making payments in the following modes:
- online payments made via the Website by payment card (Visa, American Express, Mastercard…), the number of which is entered by the User while placing an order for paid Services, implemented and supported using the functionality of:
- the Stripe platform available at stripe.com; the entity providing payment services is Stripe Inc. with registered office at 510 Townsend Street, San Francisco, CA 94103, USA;
- charging the User’s payment card automatically for subsequent months of subscription (revolving payments) – the amount of the revolving payment is specified when placing an order; the User agrees to have his/her payment card charged in accordance with the placed order and may at any time withdraw his/her consent to revolving payments by using the appropriate functionalities of the Website or functionalities made available by third parties.
The moment of payment is the payment confirmation submitted to the Service Provider by the payment operator.
If a need to refund a transaction made by the User with a payment card arises, the Service Provider shall refund the bank account assigned to the User’s payment card.
The Service Provider shall bear the costs related to the payment processing.
The Service Provider shall issue an invoice to the User based on the data provided by the User during the registration of the Account or the payment process. If the User is a VAT payer, they shall provide its tax ID and indicate whether to issue a VAT invoice during the registration or in the order. The Service Provider shall deliver the invoice to the email provided by the User within seven days of receipt of the payment.
The User agrees to receive invoices from the Service Provider electronically under Article 106 n (1) of the Act of 11 March 2004 on value-added tax. Any changes to the Fees shall be announced on the Website by publishing the current Price List. Modification of the Price List does not affect the Fees paid by the User under the Contract concluded before the announcement of the changed Price List.
§ 9. Termination of the Contract
The Contract for the Services shall be terminated:
- with reference to the Account Service – at the moment of submission by the User of an instruction to delete the Account (by making changes to the Account or by sending a declaration of the Account deletion to the Service Provider’s email address) or as a consequence of deleting the Account by the Service Provider in connection with the termination of the Contract.
- with reference to the Newsletter Service – upon unsubscribing from the Newsletter by the User or upon the termination of the service by the Service Provider;
- with reference to the CoeditorAI API trial plan access Service – upon expiry of its duration and in connection with failure to pay the Fee for the paid Service;
- with reference to the CoeditorAI API paid plan access Service – upon the end of the term for which the Service was purchased and in the event of User’s failure to continue the Contract, which shall be understood as a failure to pay the Fee for the next Settlement Period or cancellation of the recurring payment.
The User is entitled to terminate the Contract concerning access to the CoeditorAI API at any time by submitting a statement including the will to terminate the Contract to the email address of the Service Provider: contact@coeditorai.com or by deleting the Account. In such a case, the paid Contract expires at the end of the current Settlement Period and any Fees previously charged shall not be refunded.
The Service Provider is entitled to terminate the Contract without notice in case of:
- the provision by the User of false and incomplete data necessary for the execution of the Contract,
- justified suspicion or finding that the User uses the Services in a manner contrary to these Terms of Service or in a way violating generally applicable provisions of law or the rights of third parties, including in particular a violation by the User of the obligations set out in Article 4 Section 3 hereof or in the situation referred to in Article 4 Section 5 hereof,
- justified suspicion or finding that the User abused CoeditorAI system, especially in a way that is harmful to other people or impacts experience of other users who use the product and services.
The Service Provider is entitled to stop providing the Services for a good cause, understood as significant financial and business reasons (including change in the profile of activity and scope of the services offered), changes in legislation directly affecting the Service Provider’s business or Service Provider’s ceasing to operate. The Service Provider shall give no less than 30 days notice of the planned termination of Services related to CoeditorAI API via the Website and e-mail.
§ 10. Complaints procedure
In the event of concerns about the functioning of the CoeditorAI Website or irregularities in the provision of the Services by the Service Provider, the User may file a complaint by sending it to the following email address: contact@coeditorai.com.
The complaint shall indicate:
- login/e-mail address assigned to the User and their contact details,
- the subject matter of the complaint – indication of irregularities, date of their occurrence and duration,
- proposed manner of resolving the complaint.
Before the complaint is considered, the Service Provider may request the the User to supplement the complaint if the information referred to in section 2 above requires clarification to consider the complaint properly.
The consideration of the complaint shall take place immediately but no later than within fourteen days of receipt of the complaint by the Service Provider. The Service Provider shall notify the User of the manner of settlement electronically to the email address provided by the User .
Any other comments on the functioning of the CoeditorAI System and questions regarding the Services should be directed via email to the following email address: contact@coeditorai.com.
§ 11. Technical support
During the Contract term and as part of the Fee, the User may use the Service Provider’s technical support in relation to the Services.
To obtain technical support, one shall report the issue to the following email address: contact@coeditorai.com, indicating the type of irregularities and bugs.
The Service Provider shall respond to the reported issue no later than 72 hours of the notification receipt.
The Service Provider’s technical support does not apply to:
- components subject to independent modification by the User,
- errors resulting from the User‘s unauthorized interference with the Service settings,
- issues resulting from the User‘s failure to meet the technical requirements necessary to use the Service.
§ 12. Users Personal Data
The controller of the Personal Data of Users is the Service Provider.
The data controller processes the User’s Personal Data, i.e., name, surname, business address, email address, tax ID, bank account number, to enable them to use the Website and the CoeditorAI API, including the provision of Services.
The provision of Personal Data by Users is voluntary; however, it may not be possible to use particular Services without providing such data.
The Service Provider shall endeavour to ensure the security and confidentiality of Personal Data, particularly by carrying out processing pursuing the applicable laws (GDPR and sectoral regulations) and providing appropriate security measures.
More information on the protection of the Personal Data of Users, together with information on the cookies policy, can be found in the Privacy Policy available on the Website at: https://coeditorai.com/privacy_policy.html. The User declares that he has read the content of the document mentioned above.
§ 13. Intellectual property rights
The Service Provider reserves that the content of the Website and the CoeditorAI API are protected by intellectual property law, e.g., computer software, graphic elements, logotypes, text, video, or audio content.
The use of the Website and the CoeditorAI API does not imply acquiring any intellectual property rights to the works contained therein. It is forbidden to copy, distribute, use or modify any components of the Website or the CoeditorAI API without the Service Provider’s prior consent.
The Service Provider grants the User a non-exclusive licence (hereinafter referred to as the “Licence”) authorising them to use the Website and the CoeditorAI API respectively, in a manner consistent with their intended purpose, including under the terms hereof, Price List and Instructions and other notices published on the Website, and the Licence granted shall not entitle them to grant any further licences (sub-licences).
The Service Provider shall grant the Licence without territorial limitations for a definite term corresponding to the duration of the provision of the Services. It shall expire upon deletion of the Account (cease of the Newsletter Service use, respectively). The Service Provider shall grant the Licence without territorial limitations for a definite term corresponding to the duration of the provision of the Services. It shall expire upon deletion of the Account (cease of the Newsletter Service use, respectively).
§ 14. Out-of-court dispute resolution and enforcement of claims
The User is entitled to use out-of-court complaint and claims enforcement procedures, particularly with the support of the municipal (district) Consumer Ombudsman or the European online platform for dispute resolution (ODR) between entrepreneurs and Consumers, available at the following web address: http://ec.europa.eu/consumers/odr
The information on other available methods of out-of-court dispute resolution, including a list of Consumer ombudsmen and proceedings related to out-of-court dispute resolution, is available on the Office of Competition and Consumer Protection website at the following address: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
In matters not covered by these Terms of Service, generally applicable provisions of Polish law shall apply, in particular the provisions of the Civil Code, the Act on Consumer Rights, the Act on Copyright or the Act on Providing Electronic Services.
§ 15. Final provisions
The Terms of Service are available free of charge on the Website for each User.
The Service Provider reserves the right to amend these Terms of Service subject to the protection of already acquired rights if at least one of the following occurs:
- changes in the provisions of law having a direct impact on the content of the Terms of Service or the Service Provider’s business;
- issuance of decisions or rulings of administrative bodies or courts, affecting the performance of the Contracts covered by these Terms of Service;
- implementation of new technological solutions concerning the Website, the CoeditorAI API and Services covered by these Terms of Service;
- implementation of solutions aimed at improving the operation of the Website, the CoeditorAI API and the services provided to Users;
- change of the Service Provider’s data;
- implementation of solutions aimed at improving privacy and preventing abuses;
- limitation or extension of the Website’s offer or the scope of Services (including the introduction or withdrawal of functionalities being a part of the CoeditorAI API);
- a need to remove ambiguities, errors, or typing mistakes that have appeared in the Terms of Service;
changes to the methods of payment.
The Service Provider shall inform the Users of amendments to the Terms of Service no later than 14 days before their planned entry into force by: displaying a notice and publishing the new Terms of Service on the Website, and sending information about the planned amendment electronically to the email address assigned to the Account. The User may object to the amendments introduced until they come into force by informing the Service Provider by email to the following address: contact@coeditorai.com. Submission of an objection constitutes termination of the Contract, including the one for the continuous provision of services (e.g., Newsletter).
The User‘s failure to object to the proposed amendments within 14 days of the notification shall be deemed acceptance of the new Terms of Service. If the objection is raised, the Contract shall be terminated on the day preceding the effective date of the new Terms of Service, which shall also result in discontinuation of the Account Service.
Under a separate agreement concluded with the User, the Service Provider is entitled to settle the terms of using the Website and the CoeditorAI API differently. In such case, if any conflicting provisions occur, the provisions of the abovementioned agreement shall prevail over the provisions of these Terms of Service.
These Terms of Service are governed by Polish law. Any disputes under these Terms of Service shall be resolved by amicable negotiations and, in the case of Entrepreneurs, if no agreement is reached, before a common court with jurisdiction over the Service Provider’s registered office.
In matters not covered by these Terms of Service, the provisions of generally applicable Polish law, including the Civil Code, the Act on Consumer Rights, the Act on Copyright, GDPR, and the Act on Provision of Electronic Services, shall apply.
The content of these Terms of Service is available on the Website.
Text on this website