WEBSITE RULES AND REGULATIONS
§1. General statement
These Rules and Regulations define the general terms, conditions and the manner of providing services electronically by Ermlab sp. z o.o. (Co. Ltd.) with its head office in Olsztyn, via the following website www.plon.io (hereinafter referred to as “the Website”).
The website enables Users to purchase computing power in the form of allocating resources to the User’s project, i.e. the number of CPU cores and RAM memory, enables to create programme code to analyse data, create visualisation and build prediction models. The Website is addressed mainly to students, researchers, lecturers, training companies, analytical companies and programmers of Python/Julia/R/Octave, providing support for teams through the ability to work on the same project, to rent resources on demand, and to publish their own projects.
- Password - means a string of letters, numerals or other characters selected by the User during the Registration on the Website, used to secure access to the User Account on the Website.
- User Account - means an individual User panel placed on the Webpage of the Website, activated on behalf of the User after his Registration.
- Rules and Regulations - means these Website rules and regulations.
- Registration - means the actual action performed in a manner specified in the Rules and Regulations, required in order to be able to use all features of the Website.
- Webpage - means the webpages under which the Service Provider runs the Website, operating under the domain www.plon.io
- Service Provider - means Ermlab sp. z o.o. (Co. Ltd.) with its head office in Olsztyn (10-683), ul. Władysława Trylińskiego 14 (14 Władysław Tryliński Street), NIP no.: 7393868502, REGON no.: 281608583, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn, VIII Economic Division of the National Court Register under no. KRS 0000515976; e-mail: firstname.lastname@example.org, who is also the owner of the Website.
- User - means a natural person performing a legal action not directly related to his business or profession.
§3. General Provisions and Use of the Website
- All rights to the Website, including economic copyright, intellectual property rights to its name, Internet domain, Webpage, as well as templates, forms, and logotypes belong to the Service Provider and they may only be used in a manner specified in the Rules and Regulations.
- The Service Provider uses “cookies”, which are stored by the Service Provider's server on the hard disk of the User’s device during the use of the Webpage. The use of “cookies” is intended to provide a correct performance of the Webpage on the User’s device. This mechanism does not damage the User’s device and does not affect the configuration of that device nor the software installed on that device. Every User may disable “cookies” in the web browser of their device. However, the Service Provider states that disabling “cookies” may make it difficult or impossible to use the Webpage.
- In order to be able to create a User Account on the Website, the User is required to have an active e-mail account.
- It is forbidden for the User to provide unlawful content and use the Website, its Webpage or the Service Provider services in a manner contrary to law, good morals, infringing personal property of third parties or legitimate interests of the Service Provider.
- The Service Provider declares that the public nature of the Internet and the use of electronic services may entail the risk of unauthorised access and modification of the User Data by unauthorised persons, thereupon the Users should use appropriate technical measures to minimise the risks identified above. In particular, they should use anti-virus software and a programme that protects the identity of the Internet Users. The Service Provider will never ask the User to provide his Password in any form.
- The User is entitled to use the resources of the Website solely for his own use. It is unacceptable to use the resources and features of the Website for the purpose of conducting any activity that would violate the Service Provider's business.
- The user shall make the registration in order to create a User Account.
- In order to make the Registration, the User shall complete the registration form provided by the Service Provider on the Webpage and send the completed registration form electronically to the Service Provider by selecting the appropriate function on the registration form. During the Registration, the User establishes an individual Password.
- The User may also register through his accounts on the websites such as www.facebook.com or www.google.com. In that case, creating a User Account takes place through dedicated redirection from the Webpage to the webpage through which the User makes the Registration, where the User is asked to provide the username and password that he holds to the user account on that website. Upon authorisation, the User is redirected back to the Website where he is creating a User Account, with a link to the user account on the website through which the User is making the Registration. The username for that particular website and its password are not recorded and stored by the Service Provider.
- While completing the registration form, the User has an opportunity to review the Rules and Regulations, accepting their content by marking an appropriate field on the form.
- During the Registration, the User may voluntarily agree to processing of his personal data for marketing purposes by marking an appropriate field on the registration form. In that case, the Service Provider explicitly informs the User of the purpose of collecting his personal data, as well as known by the Service Provider or intended recipients of such data. Expression of consent means, in particular, agreeing to receive commercial information from the Service Provider through the User’s e-mail address provided on the registration form.
- After submitting the completed registration form, the User immediately receives a confirmation of the Registration from the Service Provider to the e-mail address provided on the registration form. That means conclusion of the agreement on providing, by electronic means, the service of managing User Account, and the User shall have the ability to access the User Account and the services made available under the User Account.
- The Service Provider provides free and paid services to the Users by electronic means. Services are provided 24 hours a day, 7 days a week.
- The Service Provider provides the Users with a paid service, which consists of the ability to purchase: computing power in the form of allocating resources to the project (the number of CPU cores and RAM memory), access to premium projects.
As part of the provided service, the User has an opportunity to:
- execute the written code on the basis of allocated computing resources offered by the Service Provider;
- use a panel that allows to allocate appropriate computing resources to each project, i.e. the ability to specify for each project the number of processor cores and RAM memory required to run that project.
- The fee is charged for the activated project (in the process of activation, regardless of whether the user is using it or not, every minute the User Account is charged in proportion to the size of the resources, according to the rules described on the Webpage), for providing the Service Provider’s ICT resources, so that the User can develop a programme in accordance with the provisions of §6. If the User forgets to turn off the project, it will automatically stop after 24 hours so that the User account is not charged.
- The Service Provider provides the Users with the following free service by electronic means: Contact form, Newsletter, Management of the User Account.
- The Service Provider reserves the right to choose and change the type, form, time and manner of granting access to the mentioned services, and will inform the User in a manner that is appropriate to make amendments to the Rules and Regulations.
- The Contact Form service consists of sending a message to the Service Provider using the form placed on the Webpage. In order to use the service, the User shall complete the form provided on the Webpage and send the completed form electronically to the Service Provider by selecting an appropriate feature on the contact form.
- Opting out of the Contact Form service is possible at any time and it means discontinuing of sending messages to the Service Provider.
- The Newsletter service consists of sending electronic messages to the User’s e-mail address by the Service Provider in order to provide the User with the news and platform updates posted by the Service Provider.
- Each Newsletter addressed to the Users includes, in particular: information about the sender, filled in “subject” field, specifying the content of the message, and information on the possibility and the manner of opting out of the free Newsletter service.
- The Newsletter service is provided to every User who registered at Website.
- The User may opt out of receiving the Newsletter at any time by unsubscribing through the link provided in each e-mail sent under the Newsletter service or otherwise notifying the Service Provider.
- Management of the User Account service is available upon registration, on the principles set out in §4 of the Rules and Regulations. Within the User Account, the Service Provider provides basic access to computing resources for € 4 per month, which is about 85 h in basic configuration.
- Within the Management of the User Account service, the User may:
- create projects and edit the code in the editor built into the functionality of the Website, use programming languages: Python, Julia, R, Octave;
- add co-workers and edit together with them;
- publish projects in an accessible public repository.
- The User who made the Registration may ask the Service Provider to remove the User Account. Requesting the removal of a User Account is equivalent to the termination of the agreement on providing the Management of the User Account service electronically, in accordance with §10 of the Rules and Regulations.
- The Service Provider has the right to block access to User Account and services provided electronically, in case the User acts to the detriment of the Service Provider or other Users, breaches any law or provisions of the Rules and Regulations, or when blocking access to User Account and services provided electronically is justified by reasons of the security, in particular: in case the User breaks the security of the Webpage or performs other hacking activities. Blocking access to User Account and services provided electronically for the aforementioned reasons takes place for a period of time that is necessary to resolve the issue that constitutes the basis for blocking access to User Account and services provided electronically. The Service Provider electronically notifies the User of the intention to block access to User Account and services provided electronically, sending a message to e-mail address provided by the User on the registration form.
§6. Orders for paid services
- The information provided on the Webpage in relation to paid services is the Service Provider's offer to conclude an agreement on providing the User electronically with paid services via Website.
- The User may accept the Service Provider's offer for paid services on the Website 7 days a week and 24 hours a day through the Webpage.
- The User accepts the Service Provider's offer for paid service by selecting the appropriate option displayed by the Service Provider on the Website. In order to add funds to the User Account, the User makes a prepayment to the Service Provider's bank account. Before accepting any Service Provider's offer, the User is informed of the total price, duration and scope of the service, as well as of all additional costs that he is obliged to incur in connection with the agreement on providing services electronically.
- Before concluding the service agreement, by marking the appropriate field on the service order form the User may agree that the Service Provider begins providing the service before the expiration date of cancellation of the agreement.
- The final price binding the parties is the service price displayed on the Webpage at the time of placing the order by the User.
- The final price binding the parties is the service price displayed on the Webpage at the time of placing the order by the User.
- Upon crediting Service Provider’s bank account with payment, the User shall immediately receive such information through the User Account as well as the confirmation of conclusion of the agreement on providing paid services.
- In the event that the User agrees to begin using the service in accordance with §6 section 4, the service will be enabled after making the payment by the User. In the event that the User does not agree to begin using the service in accordance with §6 section 4, the service will be enabled after making the payment by the User and after 14 days from the date of conclusion of the agreement in accordance with @PA_9983@. The validity period of paid service is calculated from the moment of enabling the Service. Enabling the service means beginning to provide paid service to the User by the Service Provider.
- cIn the event that the User agrees to begin using the service in accordance with §6 section 4, the service will be enabled after making the payment by the User. In the event that the User does not agree to begin using the service in accordance with §6 section 4, the service will be enabled after making the payment by the User and after 14 days from the date of conclusion of the agreement in accordance with @PA_9983@. The validity period of paid service is calculated from the moment of enabling the Service. Enabling the service means beginning to provide paid service to the User by the Service Provider.
- The User may make a complaint to the Service Provider in relation to the use of services provided electronically by the Service Provider. The complaint may be submitted electronically and sent to the Service Provider's electronic address. The user shall describe the problem on the complaint form. The Service Provider shall immediately, but not later than within 14 days, examine the complaint and reply to the User's e-mail address provided on the complaint form.
- The Service Provider does not resolve disputes out-of-court as it is described in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§8. Cancellation of the agreement
- A User who has concluded the agreement on providing services electronically may cancel the agreement within 14 days without giving a reason.
- The cancellation period begins on the day of concluding the agreement on providing services electronically.
- The User may cancel the agreement on providing services electronically by submitting a declaration of cancellation to the Service Provider. The declaration may be submitted on the form, which template was provided by the Service Provider on the Webpage at the following address: Cancellation Form. In order to meet the deadline, it is sufficient to send declaration before the expiration of the deadline.
- In the event of cancellation of the agreement on providing services electronically, the agreement is considered as not concluded.
- The right to cancel the agreement does not apply to Users being Consumers with regard to service agreements if the Service Provider has fully performed the service with the explicit consent of the User being the Consumer, who has been informed that, upon completing the service by the Service Provider, he will lose the right to cancel the agreement.
§9. Personal data protection
- The Service Provider is the administrator of all personal data provided voluntarily by the Users to the Service Provider during the Registration.
- The Service Provider processes User personal data in order to provide services electronically and to use it for other purposes specified in the Rules and Regulations. Data is processed solely under the law or consent expressed by the User.
- Collection of personal data provided to the Service Provider is reported by the Service Provider to the General Inspector for Personal Data Protection.
- Personal data provided to the Service Provider are provided voluntarily, but with the reservation that the failure to provide data specified in the Rules and Regulations during the Registration process will make the Registration and setting up the User Account impossible.
- Any person who provides the Service Provider with their personal data shall have the right to access its content and to correct it.
- The Service Provider shall guarantee the possibility to remove personal data from data collection, especially if the User Account will be deleted. The Service Provider may refuse to delete personal data if the User has violated the applicable law and the retention of personal data is necessary in order to clarify those circumstances and determine the User's liability.
- The Service Provider protects provided personal data and makes every effort to protect it from unauthorised access or use. Collected User's personal data is treated as a separate database, stored on the Service Provider's server in a special safety zone, which provides appropriate protection.
§10. Termination of agreement
- Both the User and the Service Provider may terminate the agreement on providing services electronically at any time and without giving any reasons, subject to preserve the rights acquired by the other party before terminating the above mentioned agreement and the provisions below.
- The parties may terminate the agreement on providing services electronically by submitting an appropriate declaration of will, in particular by any means of distance communication, in such a way as to enable the other party to familiarise with it.
§ 11 Final provisions and amendment to Rules and Regulations
- The content of these Rules and Regulations may be preserved by printing, storing or downloading at any time from the Webpage.
- The Service Provider informs the User being the Consumer about the possibility of out-of-court complaint examination and pursuing claims. The rules of access to those procedures are available in head offices or on the webpages of entities entitled to out-of-court dispute resolution. Those entities may be, in particular, ombudsmen or Voivodeship Inspectorates of the Trade Inspection, which are listed on the webpage of the Office of Competition and Consumer Protection at the following Internet address: http://www.uokik.gov.pl/spory_konsumenckie.php. The Service Provider informs that there is an EU-wide platform of online system for resolving disputes between consumers and entrepreneurs at http://ec.europa.eu/consumers/odr/ (ODR platform).
- If a dispute arises on the grounds of an agreement on providing services electronically, the parties will seek to resolve the issue amicably. All disputes arising in connection with these Rules and Regulations shall be governed by Polish law.
- The Service Provider reserves the right to amend these Rules and Regulations. All agreements on providing services electronically concluded prior to the date of entry into force of the new Rules and Regulations are executed under the Rules and Regulations which were in force on the date of concluding the agreement on providing services electronically. The amendment of the Rules and Regulations comes into force within 7 days of its publication on the Webpage. The Service Provider will inform the User of the amendment of the Rules and Regulations seven days before the entry into force of the new Rules and Regulations by sending an e-mail message with a link to the amended text. In case the User does not accept the new content of the Rules and Regulations, he shall inform the Service Provider thereof, which results in termination of the agreement in accordance with the provisions of §10.
- The Rules and Regulations come into force on 10 January 2017.