Terms and conditions

Updated: 09/07/2024

These Terms of Use (hereinafter – Terms) govern the access to and use of the web application and services (hereinafter – Service) owned by Deveit sp.z.o.o, a company registered in accordance with the Poland laws (hereinafter – Company).

The Service is designed for the automated reception and analysis of emails, as well as webhooks from integrated platforms, and provides the ability to use the received data for further analysis and processing. The purpose of the Service is to help Users more effectively process Client requests, improve service levels, and optimize business processes.

The use of the Service is governed by these Terms of Use and the Privacy Policy. The Terms of Use may be changed or supplemented by the administration without prior notice to users, and changes take effect upon their posting on the official website of the Company.

1.  ACCEPTANCE OF TERMS

1.  Please read these Terms carefully before using our Service. The Terms contain important information about your rights and obligations as a user of our Service. By using our Service, you agree to comply with these Terms and our Privacy Policy. If you do not agree with any of these terms, please do not use our Service.

2.  By using the Service, you confirm that you are of legal age to enter into binding contracts according to the laws of your jurisdiction and agree to comply with these Terms of Use and the Privacy Policy of  Deveit sp.z.o.o. If you do not agree with any of these terms, please do not use our Service.

3.  The Company reserves the right to modify the Terms of Use unilaterally without prior notice to Users. The updated Terms take effect from the moment of their publication. Use of the Service after such publication constitutes acceptance of the amended Terms by the User. The version of the Terms displayed in the Service at any given time takes precedence over all previous versions.

4.  Users agree that the Service has the right to request information to help identify and verify the identity of Users. The Company is entitled to suspend the use of the Service if Users fail to provide the requested information or if the provided information is deemed inaccurate or incomplete.

2. DEFINITIONS

1.  Website – an online platform owned by the User through which the User gains access to the features and services of the Service.

2.  User – an individual or legal entity that has registered in the Service and uses its functionality for their own needs.

3.  Client – an individual or legal entity that interacts with the User through forms placed on the User’s Website, specifically by submitting data through integrated forms.

4.  Plan – a set of terms and limitations for using the Service, which determine the scope of available features, the amount of processed data, and other service parameters. The cost of the plan depends on the chosen package.

5.  Account – a registered User’s profile that contains the User’s personal data, settings, usage history, and other information necessary to access the features of the Service.

3.  AGE RESTRICTIONS

1.  The Service is intended exclusively for individuals who are at least 18 years old, as well as for authorized representatives of legal entities. Use of the Service by minors is prohibited. The Company is not responsible for any consequences arising from the use of the Service by minors.

2.  By accepting the Terms, you confirm that you are at least 18 years old or you are an authorized representative of a legal entity and have the right to enter into this agreement.

4.  DESCRIPTION OF SERVICE AND FUNCTIONALITY

1.  Deveit sp.z.o.o provides a web application that automatically receives and analyzes emails sent by Clients when filling out forms on Users’ Websites, as well as payloads from other services transmitting data via webhooks. The Service aims to improve the process of receiving and analyzing emails sent during form submissions and offers tools for data analysis, email classification, and report generation.

         The main features of the Service include:

2.  Email reception. The system automatically receives emails from Clients who fill out forms on Users’ Websites. It automatically collects and stores all emails received from Clients, ensuring their availability for further analysis and processing. This feature helps reduce staff workload, minimize the likelihood of human error, and provide prompt customer service.

3.  Data analysis. Our Service provides tools for analyzing the content of emails. This feature allows Users to extract valuable information from large volumes of data, helping them better understand their Clients’ needs:

1. 1.  Identifying main topics and categories of emails (e.g., inquiries, complaints, feedback).

   2.  Analyzing trends in Client inquiries, identifying recurring issues or questions.

   3.  Extracting important data, such as contact information, order details, or specific Client requirements.

4.  Classification and Sorting: The Service automatically categorizes emails for easier processing. This feature helps ensure timely and efficient responses to Client inquiries, reducing wait times and increasing satisfaction:

1. 1.  Identifying the type of inquiry (e.g., technical support, return requests, general questions).

5.  Reporting: The Service generates reports and analytics based on the received data. This feature helps Users evaluate the effectiveness of their inquiry processing and make informed decisions for improvement. Reports may include:

1. 1.  The number of emails received over a specific period.

   2.  Main topics and categories of emails.

   3.  Trends and changes in Client inquiries.

   4.  Information from emails and/or payloads.

5.  REGISTRATION AND ACCOUNT

1.  To use the features of the Service and ensure proper integration of the Website with the Service, registration of an Account is required. Users agree to provide accurate and up-to-date information during registration and to keep it current. You are responsible for maintaining the confidentiality of your Account and password.

2.  Creating an account. To start using the Service, the User must register by providing necessary information, such as first name, last name, and email address, and create a strong password that meets the security requirements of the Service, as specified at the time of registration.

3.  Email confirmation. After providing the information and creating a password, a confirmation email will be sent to the User’s specified email address. The User must follow the link in the email to activate their account.

4.  Account security. The User is responsible for maintaining the confidentiality of their account credentials. In case of suspected unauthorized access, the User should immediately change their password and notify the Service support team.

5.  Manual form linking to the service. After registering an Account, the User can link a Form created on their Website to the Service. The primary method of linking involves creating an entity that describes the form. After generating the Form, the Service provides the User with a unique email address, to which forwarding or sending emails for registration by the Service is configured.

6.  Webhook setup. To ensure the proper functioning of the Service and data analysis, the User may need to configure the sending of data from the Website to the provided webhook link. If your Website is built using a platform supported by the Service, the process is automated. However, if the Website is custom-built, the developer must independently implement the sending of data via webhook.

7.  Automatic service configuration. The Service may require the entry of certain data, such as API access keys, which will be stored in the User’s session until the auto-configuration procedure is completed. Even with auto-configuration, the Service will create Forms that will be associated with the actual Forms on the Users’ Websites.

8.  Beginning data collection. After configuring data sending via webhook or setting up email forwarding and/or additional delivery to the special email addresses generated by the Service, the Service will start collecting and analyzing data from the linked Form. The User will be able to monitor statistics and receive reports on Form activity through the Service interface, as well as manage linked Forms, add new Forms, or delete/edit information about existing Forms.

6.  SERVICE OBLIGATIONS

1.  The Service is obligated to:

   1.  Provide Users with access to the functionality of the Service in accordance with these Terms.

   2.  Grant access to the Service using the User’s chosen login and password.

   3.  Allow the use of the Service for free, in accordance with the Plans chosen by Users.

   4.  Ensure a variety of Plans, allowing the User to choose the most suitable one, if such variety is provided by the Terms.

   5.  Notify Users of any changes to the Plans by publicly posting such information on the Service and/or via email.

   6.  Update and correct technical errors in the Service to ensure the proper provision of functionality.

   7.  Inform Users about changes to the interface and/or in the event of any significant changes to the functionality of the Service.

7.  THE SERVICE USER RISK NOTIFICATION

1.  Using the Service involves certain risks that Users should be aware of:

1. 1.  Technical Failures: The Service is not responsible for technical failures, errors, or interruptions that may occur due to reasons beyond the Service’s control, including but not limited to internet connection issues, hardware or software malfunctions, and actions of third parties.

1. 2.  Incorrect webhook configuration: The Service is not responsible for errors or inaccuracies resulting from the incorrect configuration of webhooks by the User. The User is fully responsible for the proper setup and integration of their Website with the Service.

1. 3.  Data security: While the Service takes measures to protect data, it cannot guarantee absolute security of information. The User is responsible for safeguarding their account credentials and confidential information.

1. 4.  Third parties’ actions: The Service is not responsible for the actions or inactions of third parties that may affect the operation of the Service or the security of the User’s data.

1. 5.  Data usage: The Service is not responsible for the use of data collected through the Service by the User or third parties. The User is obliged to comply with all applicable laws and regulations when using Client data.

1. 6.  Changes in service operation: The Service reserves the right to make changes to the interface, functionality, and terms of service without prior notice to Users. The Service is not liable for any damages or inconveniences caused by such changes.

8.  USER RESPONSIBILITIES

1.  The User is responsible for:

1. 1.  Proper use of the Service: The User must use the Service according to its intended purpose and the terms of use.

   2.  Account security: The User must ensure the security of their account, including maintaining the confidentiality of their password and other authentication data.

   3.  Compliance with laws: The User is required to comply with all applicable laws and regulations when using the Service and processing data.

2.  By using the Service, you acknowledge that you are aware of the stated risks and accept responsibility for their potential consequences.

9.  BOT ATTACKS

1.  In the event that the User’s Site is subjected to bot attacks, resulting in numerous requests being sent through forms on the sites, the Service will not take measures aimed at protecting Users from malicious activity. We do not analyze or filter bot activity and do not provide technical support in cases of bot attacks.

2.  The Service is not responsible for the User’s use of the Plan in the event of a bot attack and states that the security of Sites and forms is the sole responsibility of the User.

10.  PRICING AND MONETIZATION OF THE SERVICE

1.  Trial period. For new Users, the Service offers a trial period allowing them to experience the benefits of paid accounts without limitations. After the trial period ends, the User can choose a suitable Plan or continue using a free account with limited features.

2.  The Service offers two monetization methods:

1. 1.  Subscription: Paid accounts are available via subscription, which can be monthly or annual. The subscription cost depends on the chosen tariff plan and the scope of provided services.

   2.  Payment for additional emails: If the limit for received emails is exceeded, users of paid accounts can pay for additional emails. The cost of additional emails is determined according to the selected plan.

1. 3.  The Service offers the following Plans, which are available on a monthly subscription basis, allowing Users to choose the most suitable option based on their needs:

1.  Explorer plan:

1. 1. Free of charge.

   2. Limited number of forms (email addresses).

   3. Short-term data storage.

   4. Limit on the number of history records and tracked emails.

2.  Essential plan:

1. 1. Increased number of forms (email addresses).

   2. Long-term data storage.

   3. Bigger number of processed emails and history records.

   4. Option to pay for additional emails beyond the limit.

3.  Growth plan:

1. 1. Maximum number of forms (email addresses).

   2. Extended data storage.

   3. No limits on history records and tracked emails.

   4. Priority support.

   5. Additional emails beyond the limit at a discounted rate.

11.  ACCOUNT TYPES

1.  Free account comes with the following limitations and capabilities:

1. 1.  Limited number of forms (email addresses): Users can create a limited number of forms for data collection (email addresses).

   2.  Short-term data storage: The history of received emails will be stored for a much shorter period compared to paid accounts. 

   3.  History record limit: The number of history records will also be limited.

   4.  Tracked emails limit: The number of emails that can be tracked will be restricted.

2.  Paid accounts offer enhanced features:

1. 1. Increased number of forms (email addresses): Users can create more forms for data collection.

   2. Long-term data storage: The history of received emails will be stored much longer than in free accounts.

   3. Unlimited history records: Users can store a larger number of history records without limitations.

   4. Additional emails beyond limit: In case the limit of received emails set by the subscription is exceeded, users can pay for additional emails.

12.  PAYMENT OF FEES

1.  This section outlines the rules and procedures for paying fees for the Service using the Stripe payment system. Using the Service implies adherence to these rules, which ensure the security and convenience of financial transactions. Stripe is chosen for payment processing due to its reliability and compliance with international security standards.

2.  Stripe Terms of Service. Users can review the terms of use for the Stripe payment system on the official Stripe website at the link: Stripe Terms of Service.

3.  Payment via Stripe. To pay for the selected plan, the User will be redirected to the Stripe payment page. On the payment page, the User can enter their credit or debit card details to complete the payment. 

4.  Payment confirmation. After a successful payment via Stripe, the user will receive confirmation of the payment to the specified email address. In case of problems or errors during payment, the user can contact Stripe support for assistance.

5.  Recurring payments. Stripe automatically processes recurring payments for the selected plan for subsequent periods to ensure uninterrupted use of paid services.

6.  Plan upgrade. Users can upgrade their plan at any time by selecting the appropriate plan and making a payment through Stripe. Changes to the plan take effect immediately after successful payment.

7.  Subscription cancellation. Users can cancel their subscription to a paid plan at any time through their personal account on the platform. After canceling the subscription, the user will continue to have access to services until the end of the current billing period.

8.  Refunds. According to the refund policy, refunds are possible only in cases defined by the Service’s terms of service. If a refund is necessary, the user must contact support to submit a refund request and receive additional information. These payment rules through the Stripe system ensure convenience and security for users when making payments for paid service plans.

13.  USER SECURITY AND PRIVACY

1. We understand the importance of security and privacy of our Users’ personal data. All security measures applied in the Service comply with international standards and Polish legislation requirements.

2.  The Service has access to the following personal data:

1. 1.  Information from emails: All information sent to the Service via emails or webhooks will be stored. The content of these emails depends on the users who create the forms and the end users who fill and submit them.

   2.  Access to stores for auto-configuration: When using the auto-configuration functionality, such as integration with BigCommerce, store access keys provided by the user will be stored until the form processing and configuration are completed.

1. 3.  Privacy Policy. The rules for processing and storing data are specified in the Service’s Privacy Policy. The Service is committed to ensuring the confidentiality and security of received data in accordance with Polish legislation and international standards, including the European Union’s General Data Protection Regulation (GDPR).

4.  The Service employs the following measures to protect data:

1. 1.  Encryption. All data transmitted between your browser and our server is protected using modern encryption protocols (e.g., SSL/TLS).

   2.  Access control. Access to personal data is granted only to authorized employees who have undergone appropriate training and have the necessary permissions to work with such data.

   3.  Physical security. Servers storing user data are located in secure data centers that meet the highest security standards.

1. 5.  Breach Notification: In the event of a security breach that may affect users’ personal data, we are committed to notifying users and relevant authorities as soon as possible in accordance with legal requirements. We strive to ensure the highest level of security and privacy for our users’ data. If you have any questions or concerns about the security of your data, please contact our support team.

14.  EXTERNAL SERVICES

1.  To ensure the proper and reliable operation of our Service, we use the following external services:

2.  Digital Ocean Hosting: Our Service is hosted on DigitalOcean servers, providing high performance, reliability, and security. Learn more about DigitalOcean on their official website: https://www.digitalocean.com/.

3.  All other functionalities of our Service are provided by internal solutions and infrastructure. We do not share your data with other third-party services without your consent and ensure its protection in accordance with our Privacy Policy.

15.  ADVERTISING AND ANALYTICS SERVICES

1.  To ensure the effectiveness of our internet marketing and improve the performance of the Service, we plan to use the following advertising and analytics services:

2.  Google Analytics: This service is used to collect and analyze data about visitors to our Website. It helps us understand how users interact with our Service and allows us to improve its functionality and user experience.

3.  Google Ads: We use Google Ads to advertise our Service. This helps us attract new users and increase our visibility on the internet.

All data collected through these services will be processed in accordance with our Privacy Policy, the privacy policies and terms of use of Google Analytics and Google Ads, as well as international data protection standards. Users agree to and accept the terms of use and privacy policies of the advertising and analytics services, which can be found at the following links:

• Google Analytics Terms of Service

• Google Analytics Privacy Policy

• Google Ads Terms of Service

• Google Ads Privacy Policy

16.  RESTRICTIONS

1.  The Service reserves the right to prohibit or restrict any user actions that violate the Terms. Such actions include, but are not limited to:

1. 1.  Storing, processing, or distributing information that violates the anti-spam policy of the recipient’s country.

   2.  Copying or commercially using any part of the Service or access to it.

   3.  Transferring account access data to third parties and registering under another person’s name without their consent.

   4.  Using fraudulent or illegal methods to obtain personal information of other clients.

   5.  Sending email messages to clients who have not consented and disseminating information that violates human rights and freedoms.

   6.  Attempting to use card details that do not belong to them to pay for Service tariffs, whether successful or unsuccessful.

2. We do not provide services to users from the Russian Federation and cannot grant them access to the Service or the ability to register and use the Service’s functionality. Users associated with businesses in Russia may be blocked without explanation. We also do not provide services to users from other sanctioned territories or countries in accordance with international sanctions and regulatory requirements.

17.  INTELLECTUAL PROPERTY 

1.  The Service includes software, design, content, and trademarks protected by international copyright law and other applicable laws. Unless otherwise specified, the Company is the exclusive owner of the copyrights to these materials and trademarks.

2.  Users do not have any rights or interests in the Service and its materials, except for the right of access, solely for personal use, in accordance with these Terms and subject to compliance with all copyright notices and other proprietary notices.

3.  Using the Service does not grant you any rights, titles, or interests in the Service’s intellectual property. You agree not to infringe the Service’s copyrights, including, but not limited to, ensuring that you will not fully or partially copy, reproduce, modify, republish, publish, distribute, collect, alienate, license, create derivative works, and/or use the Service’s intellectual property in any other way.

18.  DISCLAIMER 

1.  Warranty disclaimer. The Service is provided “as is” and “as available,” without any warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

2.  Limitation of liability. We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, damages for loss of profits, data, or other intangible losses arising from the use of or inability to use the Service.

3.  The Service is not responsible for the processing of Users’ Personal Data and payments by the “Stripe” payment system.

4.  The Service is not responsible for incorrect or incomplete fulfillment of its obligations due to the User providing outdated or incorrect registration information on the Service.

5.  External links. The Service may contain links to external websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.

6.  Service changes. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We are not liable to you or any third party for any changes, suspension, or discontinuation of the Service.

7.  Internet access. Using the Service requires internet access, which has its own features and risks. We are not responsible for any internet or communication failures that may affect the availability or quality of the Service for you. We recommend that you be aware of the potential risks associated with using the internet, such as viruses, malware, and other threats that may affect the security of your computer and data.

8.  Legal information. This disclaimer is governed by and construed in accordance with Polish law and international law. By using our Service, you agree to submit to the jurisdiction of the courts of Poland in the event of any legal disputes arising in connection with the use of the Service.

9.  We are not responsible for cases where someone impersonates the Service to obtain any information from you. Please be cautious and ensure you are communicating with our official support service. User support is only available through the means specified in these Terms.

19.  JURISDICTION AND DISPUTE RESOLUTION 

1.  This section governs the legal jurisdiction and procedures for resolving disputes arising from the use of the Service.

2.  Applicable law: These Terms are governed by and construed in accordance with the laws of the Republic of Poland. Any issues arising in relation to these Terms or the use of the Service are governed by the laws of the Republic of Poland.

3.  Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts of the Republic of Poland in the event of any legal disputes arising from the use of the Service. Depending on the nature of the dispute and the amount of the claim, disputes may be adjudicated in either the District Court (Sąd Rejonowy) or the Regional Court (Sąd Okręgowy).

4.  Local regulations: You agree to comply with all local rules, regulations, and legal requirements that may affect your use of the Service.

5.  International requirements: If you use the Service outside the Republic of Poland, you are also required to comply with international requirements and agreements regarding the use of its services.

6.  Dispute resolution: In the event of any disputes or disagreements arising from the use of the Service, we encourage you to first contact us to resolve the issue through negotiation. If the dispute cannot be resolved through negotiation, it will be subject to resolution in the appropriate court of the Republic of Poland, according to the address of the Company.

7.  This section is an integral part of the Terms of Service and is intended to ensure clarity and transparency in the relationship between the user and the company.

20.  GENERAL PROVISIONS

1.  These Terms constitute the entire understanding and agreement between the Service and the Users regarding the functionality. You agree to abide by these Terms exclusively. Your agreement to the Terms is personal and cannot be transferred or assigned to third parties without your consent. Please report any violations of these Terms to support@formlogger.com.

2.  If any part of these Terms is found to be invalid or unenforceable for any reason, such part shall be deemed separate and severable from the other parts of these Terms, without affecting the validity, legality, and/or enforceability of the remaining provisions.

3.  Users agree that the Service may transfer any rights under these Terms to third parties without any notice or consent of the User.

4.  Users may leave public reviews about the functionality, and the Service may use these reviews without any restrictions or obligations, including copying, disclosure, licensing, and distribution, and they will not be considered confidential information.

5.  In the event that you believe the Service has violated your rights or legitimate interests, you must send us a written claim for direct dispute resolution. The claim must be sent by email to support@formlogger.com.

6.  The parties agree to continue fulfilling their obligations under these Terms during the dispute resolution process and until such obligations are terminated or expired in accordance with the provisions of these Terms, except when it explicitly hinders the resolution of the dispute.

21.  FEEDBACK AND CONTACT

1.  We are always ready to receive your feedback, questions, and suggestions for improving our Service. Your thoughts help us enhance our functionality and provide you with the best user experience. You can contact us in the following ways:

1. 1. Email: You can send your questions, suggestions, and feedback to our email address: support@formlogger.com.

   2. Feedback Form: On the Service, you will find a feedback form that you can fill out to send your message. We strive to respond to all inquiries as quickly as possible.

   3. Social Media: You can also reach out to us through our official social media pages. We actively engage with our Users on these platforms.

2.  Processing of requests. We aim to respond promptly to all your inquiries. Depending on the nature of your request, processing may take from a few hours to several working days. Please provide as much information as possible in your message so we can respond to your questions or resolve your issues more quickly and accurately.

3.  Important notes. Ensure that you provide current and accurate contact information so we can get in touch with you for further discussion of your request. Any messages containing offensive, inappropriate, or illegal content will not be considered.