DMSales Service Terms and Conditions

Last update of the Terms and Conditions: April the 28th of 2025

§1 Definitions of Terms Used in the Terms and Conditions

Administrator – for the purposes of these Terms and Conditions, it is identical to the Service Provider.

Recipient – a natural person or legal entity that is the recipient of a campaign carried out under the Agreement and according to the rules set out in these Terms and Conditions.

Service Recipient – any individual or entity that has signed or otherwise entered into an agreement with the Service Provider under the scope described in these Terms and Conditions.

Service Provider – DBMS Sp. z o.o., with its registered office in Warsaw (00-803), pl. Inwalidów 10/11, 01-552 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw under KRS number 373905, NIP: 527-264-47-02, REGON: 142741338.

User – any person using the Service.

Parties – the Service Provider and the Service Recipient.

Service – an IT platform that enables the automation of searching for and reaching buyers as well as the analysis of events for evaluating sales opportunities, available through the internet (SaaS software). The platform allows Service Recipients to manage their communication activities by planning and executing automated communication processes based on their own data sets and the Service Provider’s data sets under the terms defined by the Parties in the Agreement, according to the chosen service plan.

Support Service – a technical or marketing support service involving the provision of a specialist’s work hours to the Service Recipient based on plans described at https://dmsales.com/cennik/

IT System – a set of cooperating IT devices and software ensuring the processing, storage, transmission, and reception of data within the Service.

Terms and Conditions – this document.

Privacy Policy – a document published on the Administrator’s website informing Users about the collection and use of their personal data.

Agreement – an agreement between the Service Recipient and the Service Provider regulating the Service Recipient’s use of the Service, including the rights and obligations of the Parties. These Terms and Conditions constitute an integral part of the Agreement. The Agreement may be concluded in writing, by document exchange (e-mail), or through acceptance of DMSales service terms in the online registration form.

Account – an account that the Service Recipient can access only after entering a login and password following registration.

Subaccount – a subaccount configured by a registered Service Recipient, accessible only to persons authorized by the Service Recipient. The Service Provider bears no responsibility for the management of Subaccounts.

Login – an alphanumeric string defined by the Service Recipient during registration, necessary to access the Account.

Password – an alphanumeric string necessary to authorize access to the Service Recipient’s Account.

Registration – a one-time action by the Service Recipient to create an Account using the administrative panel provided by the Service Provider on the Service website.

Registration Form – a set of User-provided voluntary data necessary for registration and the conclusion of the Agreement.

Login Process – the process that allows the User to access the Service by entering the Login and Password.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals regarding the processing of personal data and on the free movement of such data (General Data Protection Regulation).

Act on Providing Services by Electronic Means – the Act of July 18, 2002, on the provision of electronic services (Journal of Laws 2002, No. 144, item 1244, as amended).

Marketing Consent – the consent of the User or Service Recipient for the Service Provider to process their data (including personal data) for marketing purposes, including consent to receive unsolicited commercial information and consent for the use of telecommunications terminal equipment for direct marketing purposes.

Failure – an event caused by the Service Provider that prevents the Service Recipient from using the DMSales Service. A Failure does not include situations resulting from authorized service interruptions, the Service Recipient’s breach of the Terms and Conditions, or force majeure.

Price List – a document defining the available Service plans and their costs, including the cost of additional service packages.

Plan – a service variant offered at dmsales.com available to the Service Recipient for a specified subscription fee.

Points – accounting units for the Service, received cyclically under a chosen Plan or purchased separately, exchangeable for specific services provided by the Service Provider according to the Price List.

Service – the DMSales service provided under the principles set out in these Terms and Conditions, the Price List, or additional agreements.

SPAM – correspondence sent to many recipients without their prior consent or despite their objection, with repetitive, non-individualized content. For the purpose of these Terms and Conditions, SPAM also includes sending more than three identical messages to the same recipient on the same day.

Report – information generated by the Service at the Service Recipient’s request.

§2 General Provisions

1. These Terms and Conditions define the rules for the use of the Service by Service Recipients and Users and the services offered through the Service.

2. The Service Recipient and User are obligated to comply with the provisions of the Agreement and these Terms and Conditions.

3. In matters not regulated by the order form or an individual agreement with the Service Recipient, the provisions of these Terms and Conditions shall apply. In the event of discrepancies between these Terms and Conditions, the order form, or the individual agreement, the provisions of the order form or the individual agreement shall prevail.

4. The order form or individual agreement may exclude or modify certain provisions of these Terms and Conditions.

5. Acceptance of these Terms and Conditions is a prerequisite for concluding the Agreement. Regardless of the above, every User or Service Recipient using the Service is required to comply with the provisions set forth in the Terms and Conditions, and by logging into the Service, they confirm their acceptance of its content.

6. The Service Provider reserves the right to limit access to certain services offered through the Service to Service Recipients who meet specific criteria. Information regarding the possibility of using specific services will be published on the Service’s website. Restricting the provision of certain services does not affect acquired rights, meaning that Service Recipients who have already purchased a given service or entered into an Agreement will receive the services under the agreed terms.

7. The Service Provider has the right to entrust the ongoing management of the Service, including services provided by the Service Provider, to third parties without notifying the Service Recipients.

8. Service Recipients and Users can access the Terms and Conditions at any time via a link placed on the Service’s homepage.

9. The Service Recipient bears full responsibility for the content of the data they provide, including the obligation to change the Password after the first login, and also for any infringement of third-party rights resulting from their choice of Login and Password.

10. The Service Recipient undertakes to observe all security guidelines, particularly to not share their Login and Password with third parties and to regularly change their password. The Service Provider shall not be liable for the consequences of losing or disclosing the Login or Password to third parties.

11. In the event the Service Recipient discovers unauthorized access to their Account or Subaccount in the Service, or the possibility of such unauthorized access by third parties (e.g., theft of Login and Password), the Service Recipient is obliged to immediately inform the Service Provider of the violation. The Service Provider will then block access to the Account. The Service Provider shall not be responsible for any damages resulting from the misuse of Account access by third parties.

12. The Service Recipient is solely responsible for any messages and content sent through the Service, as well as for the manner and execution of electronic discount coupons.

13. The Service Recipient is solely responsible for the legality of sending commercial information to the recipients they specify, in accordance with the Act on Providing Services by Electronic Means.

14. The Service Recipient is solely responsible for the use of data generated during the execution of a data acquisition order by the Service Provider from publicly available sources or other online platforms. The Service Provider informs that no consents or declarations regarding such data have been obtained, nor has the information obligation under GDPR been fulfilled for such generated datasets.

§3 Scope and Terms of Service Use

1. Under the Service, the Service Provider undertakes to provide the Service to the Service Recipient.

2. The Parties may conclude a Service Agreement in the following ways:

   • under standard conditions specified in the Price List — by using the contract template available on the Service Provider’s website,

   • in the case of individually arranged campaigns under the Premium Plan — by completing an order form and sending it via an authorized representative of the Service Recipient, or by sending a scan of the signed order form; the Service Provider must confirm acceptance of the Order,

   • through the exchange of mutual declarations of intent clearly confirming both Parties’ consent to cooperation under individually agreed conditions (Individual Agreement). Such consent and acceptance may be made by e-mail.

3. The scope of services available to the Service Recipient under the payment depends on the selected plan. A list of available plans and included services is available in the Price List and described on the website: https://dmsales.com/cennik/

4. Proper conclusion of the Agreement obligates the Service Recipient to pay the remuneration specified in the order content. Cancellation of the order after the Agreement has been concluded, according to paragraph 2, does not exempt the Service Recipient from the obligation to pay the full amount for the Service, unless otherwise agreed individually by the Parties.

5. The Service Provider reserves the right to temporarily suspend the provision of the Service if the Service Recipient violates legal norms, the rules specified in these Terms and Conditions, especially in §7 (Anti-Spam Policy), or fails to respond to three consecutive warnings regarding non-compliance with these Terms and Conditions. Suspension of the Service does not release the Service Recipient from the obligation to pay.

6. In matters not regulated by the order form or the individual agreement, the provisions of these Terms and Conditions apply.

7. The Agreement is concluded for an indefinite period, except for single orders and exceptions arising from the Agreement.

8. The Agreement may be terminated at any time without giving any reason, except for agreements under which the Service Recipient uses the Premium Plan.

9. An Agreement under the Premium Plan can be terminated with one month’s notice, effective at the end of the calendar month, unless otherwise specified in the order form or individual agreement.

10. If an Agreement concluded for a fixed term is terminated by the Service Recipient before its expiry, the Service Recipient must pay a contractual penalty equal to the value of the granted discount, proportionally reduced by the period the Agreement remained in force.

11. If a fixed-term Agreement expires, it transforms into an indefinite-term Agreement, to which the provisions of this paragraph apply.

12. The Parties reserve the right to terminate the Agreement with immediate effect in the circumstances provided for in these Terms and Conditions.

13. After 6 months from the termination of the Agreement, or in the case of free plans — after 6 months from the last login to the Service Recipient’s account, the Service Provider is entitled to permanently delete the account along with all associated data.

14. The Service Provider undertakes to commence service provision upon sending the Service Recipient confirmation of the Agreement conclusion.

15. The use of Services is chargeable, except for plans that the Service Recipient may use free of charge under the Price List. The detailed price list is defined when selecting the appropriate Plan via the Service or in the order form or individual agreement. If the price of a specific service is not listed in the form or individual agreement, the price from the current Price List published on the Service Provider’s website applies.

16. The Service Provider will issue the Service Recipient a VAT invoice for the ordered Service in electronic form. The invoice will be available via the Service portal after logging into the Client Panel, unless the Agreement specifies an e-mail address for invoice delivery. A change of such address does not constitute an amendment to the Agreement and can be made by a Client’s representative’s declaration to the Service Provider.

17. Service Recipients and Users are obliged to use the Service in compliance with the Agreement, these Terms and Conditions, and applicable law. In particular, Service Recipients and Users must not introduce content that is illegal, contrary to good morals, or infringes upon the personal rights or rights of third parties. Violation of this obligation may result in immediate termination of the Agreement. The Service Recipient will be liable for any damages suffered by the Service Provider due to such violations.

18. The Service Recipient’s IT environment must meet the following minimum technical requirements for the correct operation of the Service:

• Internet connection,

• A current version of a web browser — according to the provider’s recommendations. The Service Provider guarantees functionality for the latest versions of:

  • Microsoft Edge,

  • Mozilla Firefox,

  • Google Chrome,

  • Safari.

19. The Service Provider is not responsible for malfunction or improper operation of the Service due to failure to meet the above technical requirements.

20. For Premium Plan users, the Service Recipient will have access to one project (client) in the Asana application, where all communication between the Service Recipient and the Service Provider will take place.

21. The Service Provider has the right to:

    • immediately terminate the Agreement, meaning blocking or deleting the Service Recipient’s Account, or

    • immediately limit the Service Recipient’s access to part or all of the offered Services.

22. The rights under paragraph 21 apply in the following cases:

    • provision of false, outdated, incomplete, or misleading data during Registration,

    • violation of binding legal provisions or the rights of third parties,

    • unauthorized use of another person’s login or password,

    • infringement of third-party personal rights, particularly of other Users, Service Recipients, or Service Provider’s partners,

    • overloading the Service Provider’s IT system by improper use of Services,

    • sending messages to persons without their consent, if a complaint is filed against the Service Provider,

    • delays in payment for paid Service variants,

    • other behaviors violating general social coexistence rules, the Agreement, or these Terms and Conditions, particularly §7.

23. The Service Provider may also terminate the Agreement immediately and refund a part of the fee corresponding to the unused portion of the Service if technical, economic, or legal reasons arise that prevent or significantly hinder further provision of the Service. Such circumstances include substantial changes in law or significant price increases by external operators.

24. The Service Provider reserves the right to temporarily suspend or limit the use of Services for planned maintenance or software updates. Maintenance schedules will be published on the Service’s website.

25. The Service Provider may temporarily limit or disable Service usage if there is a serious threat to software security or personal data protection. If this prevents timely Service delivery, the Service will be rescheduled or provided in another agreed manner.

26. The Service Provider is not responsible for damages caused by Service suspension or difficulties, except in cases of Failure. In the case of a Failure lasting at least 7 days, the Service Recipient may demand compensation limited to actual losses, excluding expected benefits.

27. The Price List is an integral part of the Agreement. Changes to the Price List come into effect after informing the Service Recipient (including publication on the Service’s website and notification via e-mail or system messages). Changes do not affect previously ordered and paid Services.

28. In the case of the Premium Plan, different rules for price updates may apply. Otherwise, the price is adjusted annually according to the average annual consumer price index published by the Central Statistical Office. Adjustments are rounded up to the nearest whole złoty and do not require an Agreement amendment or separate notification.

29. Termination of the Agreement as described in paragraphs 22 and 23 results in the forfeiture of unused Points without the right to claim reimbursement.

30. Each Service Recipient is required to provide an e-mail address for campaign recipients’ contact purposes. This address is automatically inserted into campaign footers. Failure to provide a valid address entitles the Service Provider to suspend campaign sending without refunding costs or Points.

§4 Running Campaigns Without Access to Personal Data

1. Within the Premium Plan, the Service allows for the execution of marketing campaigns using personal data for which the Service Provider is the data controller, without the need for direct access to such personal data by the Service Recipient. In such cases, the Service Recipient does not process personal data and bears no responsibility related to data processing.

2. The Service allows the Service Recipient to define target group criteria and prepare communication content, while all marketing communication is carried out by the Service Provider in accordance with the Price List.

3. The dispatch of communications is carried out independently by the User through the client panel available in the Service.

4. The amount of data available for campaign use depends on the selected Plan or additional Package purchased through the use of Points.

5. Points are credited within the Service after the Service Provider records the payment.

6. When using the Service without access to personal data, no transfer or delegation of personal data by the Service Provider to the Service Recipient takes place. The sender of the marketing communications is the Service Provider.

7. The Service Recipient has no access to specific Recipients’ data; all reports, confirmations, and analyses are automatically pseudonymized, meaning they are stripped of elements that could associate the data with a specific individual or legal entity without access to a separate key, which remains solely in the Service Provider’s possession.

8. The Service Provider declares that it holds the necessary consents allowing the execution of campaigns through the Service towards Recipients. The data shared by the Service Provider within the Service are covered by at least the following consents:

   • consent for the processing of data for marketing purposes (GDPR-based consent),

   • consent to receive unsolicited marketing communications (based on Article 10 of the Act on Providing Services by Electronic Means),

   • consent to receive marketing communications via telecommunications end devices (based on Article 172 of the Telecommunications Law).

9. The Service Provider creates datasets for the Service either by obtaining consents directly or through the commercial acquisition of licenses from other entities that have legally obtained such consents and permit the use of the contact data for commercial purposes.

10. In the event of complaints or claims by Recipients related to the mere conduct of the campaign, i.e., the use of their data in the campaign, the Service Provider is the entity responsible for responding to the Recipients and for the legal consequences of any irregularities in this regard.

11. If a Recipient contacts the Service Recipient directly, the Service Recipient must provide the Service Provider’s contact details and inform the Recipient that their data is processed by the Service Provider.

12. The Service Recipient is solely responsible for the content of the campaign messages. If the Service Provider incurs damages due to the campaign content created by the Service Recipient, the Service Recipient is obligated to indemnify the Service Provider for those damages.

§5 Data Set Generation by the System Along with the Personal Data Processing Clause

1. If provided for under the selected Plan according to the Price List, the DMSales platform enables the generation of data sets based on defined criteria.
   Upon receiving a data set, the Service Recipient acquires a license from the Service Provider to temporarily use the specified package of personal data as per the Agreement.
   The license is granted for a definite period and, unless otherwise agreed, expires at the latest upon termination of the Agreement or deletion of the Service Recipient’s account.

2. The User specifies the parameters for the data set under the license, i.e., defines profiling criteria (such as the Recipients’ place of residence, purchasing preferences, interests).

3. Based on the defined criteria, the Service generates a data set, which is entrusted to the Service Provider for processing.
   The content of the data set is minimized in relation to the purpose of the processing, which is the performance of marketing services.

4. Only data of Recipients who have given their consent to have their data entrusted to the Service Provider’s partners for marketing purposes may be entrusted.

5. The Service Recipient is granted a license to process the data for a defined period and solely for the purpose of marketing its own services, unless otherwise agreed individually with the Service Provider to expand the purpose of processing the licensed data.

6. The licensed data set cannot be used for:

   • marketing third-party services,

   • non-marketing purposes (e.g., social or political campaigns),

   • activities contrary to these Terms and Conditions, especially §7 (Anti-Spam Policy).

7. The use of licensed data for purposes other than marketing requires the Service Provider’s consent and is only possible under an Individual Agreement, with the restriction that the campaign may only target Recipients who have expressly consented to such non-marketing use or where there is another valid legal basis for processing.

8. Only Service Recipients who have the necessary measures to properly process the entrusted personal data according to the Agreement and these Terms and Conditions are eligible to use the DMSales Service.

9. A Service Recipient using the Service variant involving entrusted personal data acts as a data processor and must:

   • Ensure that access to the entrusted data is granted only to persons authorized in writing by the Service Provider, properly trained and obligated to maintain data confidentiality;

   • Apply technical and organizational measures appropriate to the risk and category of the protected data, particularly securing them against unauthorized access, theft, unlawful processing, alteration, loss, damage, or destruction;

   • Use IT systems that comply with current legal standards (including GDPR) for processing entrusted data;

   • Support the Service Provider, as reasonably possible, in fulfilling its obligation to respond to Recipients’ requests related to the entrusted personal data;

   • Support the Service Provider, as reasonably possible, in meeting the obligations specified in Articles 32–36 of the GDPR (data security and breach reporting);

   • Allow the Service Provider to audit compliance with GDPR within 14 days of receiving notice of the planned audit.

10. The Service Provider reserves the right to verify the performance of the obligations described in paragraph 9 during the license term. The Service Recipient is obliged to provide all documentation related to the processing of entrusted data and grant access to the premises where data are processed for security verification purposes.

11. Upon license expiration, the Service Recipient must delete or return all entrusted personal data and remove any copies containing such data.

12. The Service Recipient must provide the Service Provider with any necessary information to demonstrate compliance with the obligations under this Agreement and allow audits by the Service Provider or its authorized auditor.

13. The Service Recipient may not use another data processor for the entrusted data without the prior detailed or general written consent of the Service Provider.

14. The Service Recipient must inform the Service Provider within 3 business days if it receives a data deletion request or an objection to further marketing use from a person whose data was entrusted.

15. The Service Recipient must delete, within 5 business days, the entrusted data concerning a person indicated by the Service Provider.

16. The Service Provider may condition the release of the defined data set on the Service Recipient’s payment of all or part of the invoiced amount for the set.

17. The Service allows Service Recipients to enrich their own data with data from the Service Provider’s database. Such enriched data are entrusted under the conditions described in this paragraph.

18. Entrusted data sets include unique control addresses (test records), meaning addresses either fictional or belonging to collaborators of the Service Provider, for verifying proper use of the entrusted data and detecting violations of these Terms and Conditions or data protection regulations.

19. In the case of inquiries about the source of the data or data deletion/objection requests:

• The Service Recipient must indicate DBMS Sp. z o.o. as the data controller;

• Direct individuals to the contact form available at https://dbms.com.pl/iod/

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20. As part of the Service’s functionalities, the Service Recipient may use their own data solely for carrying out their own marketing and sales activities to defined recipients.
    In this case, the Service Recipient acts as the data controller and is fully responsible for sending messages to those recipients. The data entrusted to the Service Provider is used only to operate the Service’s functionalities and is not stored or processed otherwise.

21. The Service Recipient may request the Service Provider to acquire information about businesses from publicly available sources (e.g., websites, public registers, forums, social media).
    In such cases:

    • The Service Recipient is the data controller,

    • The Service Provider acts as the processor,

    • The acquired data does not include consents or information obligations required by GDPR; the Service Recipient assumes full responsibility for any legal compliance.

22. The Service Recipient may also acquire publicly available data using tools provided by the Service.
    In this case, the Service Recipient acts entirely at their own responsibility, ensuring compliance with applicable law (e.g., database protection laws, GDPR) and the relevant rules of the platforms from which data are sourced.

23. When using Service functionalities involving data for which the Service Recipient is the controller, it is the Service Recipient’s responsibility to fulfill all GDPR obligations, including information duties.

§6 Personal Data and Confidentiality

1. The Service Provider is authorized to process the personal data of Service Recipients provided during Registration or submitted in connection with the performance of the Agreement, including data entered directly by the Service Recipient to use the Service’s functionalities.
   The legal basis for processing is the necessity to perform the Agreement (Article 6(1)(b) of the GDPR).

2. The Service Recipient’s data may be entrusted to third parties (e.g., the Service Provider’s subcontractors) if necessary for the proper performance of the Agreement.
   This does not apply to personal data of third parties entered into the System by the Service Recipient.

3. The Service Provider may use the Service Recipient’s data for the purpose of marketing its own services.
   The legal basis for processing in this case is the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR).

4. The Service Recipient has the right to access their personal data, correct them, and – after ceasing to use the Service – request their deletion.

5. The Service Provider has the right to process the Service Recipient’s personal data to the extent and for the period necessary to pursue its claims and defend against claims, as well as for the period resulting from obligations under generally applicable law.

6. The Service Provider ensures an appropriate and high level of data protection (including personal data) by applying technical and organizational measures adequate to the risk, compliant with the applicable data protection standards.

7. The Service Provider is the data controller for the Service Recipient’s personal data.
   The Service Recipient is the data controller for the personal data of third parties entered into the System by the Service Recipient.

8. The Service Provider has appointed a Data Protection Officer (DPO).
   The Service Recipient may contact the DPO via e-mail at: [email protected]

9. The Service Recipient has the right to file a complaint regarding the Service Provider’s actions to the President of the Personal Data Protection Office (PUODO).

10. The Service Provider ensures the confidentiality of message content transmitted via the Service, as well as the data of entities from or to which they are directed, unless disclosure is necessary for proper service performance or required by law.
    Such information may be disclosed only to authorized entities in cases specified by law.

11. In the case of service variants provided without entrusting personal data, the Service Provider does not provide the Service Recipient with detailed information about campaign recipients.
    If a detailed report needs to be created for the Service Recipient, the provided data will be pseudonymized, i.e., stripped of elements enabling the identification of campaign recipients.

§7 Anti-Spam Policy

1. The DMSales Service and its dedicated IT platform are intended for sending marketing communications or carrying out informational campaigns and may not be used as a means for distributing SPAM.

2. The Service Provider supervises the correct use of the DMSales tool, including its use by Service Recipients working with their own data sets.

3. A Service Recipient using the DMSales platform with their own data sets is obliged to use personal data and entities’ data acquired legally, truthfully, and within the scope covered by appropriate consents or within the limits of other valid legal bases for processing.

4. If the Service Provider finds that SPAM has been sent, or if there are repeated complaints from recipients regarding campaigns conducted via the DMSales platform, or if the error rate within campaigns based on the Service Recipient’s own data sets exceeds 10% of the addresses used for sending, the Service Provider may block the Service Recipient’s ability to send messages via the DMSales platform until it receives satisfactory explanations.
   Blocking the ability to send messages does not oblige the Service Provider to refund any fees for the Service.

5. The Service Recipient is obliged to formulate the content of communications sent via the Service while observing the following principles:

   • The communication must not violate applicable laws, encourage violations of the law, or praise such violations;

   • Communications promoting pornography, prostitution, gambling (except promotion of entities licensed to operate gambling activities in Poland), narcotics, tobacco, alcohol, prescription-only medicines, or firearms may not be sent via the DMSales platform;

   • Communications promoting violence or having a religious nature may not be sent via the DMSales platform;

   • Communications containing discriminatory content based on gender, age, ethnicity, race, disability, religion or lack thereof, worldview, trade union membership, political beliefs, or sexual orientation are not permitted;

   • The content of communications must not mislead recipients regarding the sender or falsely suggest that the recipient has previously undertaken specific actions or decisions (e.g., using phrases such as “Thank you for your interest in our offer…” or “In response to your inquiry, we inform you…”), nor suggest that failure to act may have negative consequences for the recipient;

   • Communications must not contain malware, spyware, applications launched without the recipient’s knowledge or consent, or links to websites containing such malicious software.

6. When using their own data sets for marketing campaigns, Service Recipients must not suggest or inform that the Service Provider is the data controller for the recipients of the campaigns based on these own data sets.

§8 Generating Business Entity Reports

1. The Service Recipient has the option to generate reports on business entities (hereinafter: “Report”) via the module available in the DMSales Service, in the quantity resulting from the purchased package and the Price List.

2. The service of generating Reports consists of acquiring and integrating data previously defined by the Service Provider, based on a proprietary algorithm sourcing publicly available information about entities conducting business activities in Poland.

3. The result of this verification is the presentation of the collected information in the form of a structured Report, showing data available online as of the date the data was gathered by the Service Provider’s infrastructure.

4. If the Service Recipient does not use the available limit of Reports during the term of the Agreement, they are not entitled to request a refund for the unused and non-generated number of Reports.

5. The Service Provider states that the currentness of some data generated in the Report depends on the currentness of data made available by certain entities through APIs.
   The Service Provider is not responsible for any discrepancies between the data contained in the Report and the data available in public registers (e.g., e-KRS, CEIDG, VAT White List) or for inaccuracies resulting from discrepancies between registers and the data disclosed through API interfaces.

6. The Service Provider is also not responsible for data entered by the Service Recipient into the DMSales Service for the purpose of generating Reports, nor for any actions taken by the Service Recipient that may cause any damage to their business or third parties.
   In particular, the Service Provider is not responsible for damages suffered by the Service Recipient or third parties arising from the use of the Report, nor for the conclusions drawn by the Service Recipient based on the Report.

§9 Other Services

1. As part of the DMSales Service, the Service Provider may offer additional services under the terms specified in the Price List and detailed on the website www.dmsales.com

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2. In particular, the Service Provider may, for an additional fee specified in the Price List, an individual agreement, or within a premium package, provide the following additional services:

   • website positioning (SEO),

   • business card positioning (e.g., Google My Business),

   • technical support assistance,

   • software integration,

   • content generation using OpenAI technology.

3. The Service Provider also offers a service for monitoring announcements submitted by bidders in public procurement processes, using publicly available announcement platforms.
   The quality of the generated reports depends on the timeliness and quality of the source data, for which the Service Provider is not responsible.

4. If the performance of services agreed upon in the Agreement requires receiving specific materials or information from the Service Recipient, and they are not delivered within the agreed time:

   • The Service Provider will prepare the service based on the information and materials already available,

   • The Service Provider will send the Service Recipient a draft of the planned actions based on this information and materials,

   • The Service Recipient must accept or reject the proposal within 3 business days; failure to respond within this period is considered acceptance,

   • Upon acceptance (including implied acceptance), the Service Provider will proceed with the service based on the submitted plan,

   • If the project is rejected, the Service Provider will suspend further work until the required information is received from the Service Recipient, and the agreed deadlines will be appropriately postponed.

5. Suspension or non-performance of actions on the part of the Service Provider due to delays in providing materials or information by the Service Recipient, combined with a lack of acceptance of the prepared draft, does not release the Service Recipient from the obligation to pay the full agreed price for the service by the previously agreed deadlines.

§10 Limitation of Liability

1. The Service Provider shall not be liable for technical problems or technical limitations occurring in the computer hardware, end devices, IT systems, or telecommunications infrastructure used by the Service Recipient that prevent the proper use of the Service and the services offered through it.

2. The Service Recipient is solely responsible for ensuring the technical compatibility between their computer hardware or end device and IT system and the Service.

3. The Service Provider shall not be liable for:

   • loss of data by the Service Recipient within the Account due to Failure, hardware failure, system error, or other reasons beyond the Service Provider’s control,

   • negative consequences resulting from the Service Recipient’s failure to log out of the Service after completing an action,

   • consequences of using the Service and its functionalities in a manner inconsistent with the law, the provisions of the Terms and Conditions of particular services, or accepted standards of conduct,

   • the manner in which the Service Recipient uses the Account and Service and any resulting damages,

   • consequences arising from unauthorized use of an e-mail address and/or mobile phone number during the Registration process,

   • data transmission speed and related limitations resulting from technical, technological, or infrastructure circumstances,

   • the content of any communications sent by the Service Recipient via the Service.

4. Despite maintaining the highest standards and continuous verification of the database’s correctness, the Service Provider reserves that up to 8% of the data administered by the Service Provider and used within the Service (under these Terms and Conditions) may be incorrect. This shall not constitute grounds for complaints.
   In case of a complaint regarding an excessive number of incorrect data records, the justification of the complaint will be assessed based on the entire dataset made available to the Service Recipient.

5. Unused Points or funds in the Service Recipient’s account are non-refundable and cannot be exchanged for cash.
   Unused Points or funds expire without the right to reimbursement or compensation after one year from their acquisition or upon the closure of the Service Recipient’s account.

6. If the Service for paid plans is not paid for by the beginning of the next billing period, the Service Provider shall suspend service provision.
   After 6 months, the Service Provider shall delete the account and associated data.

7. In the case of the Premium Plan, the fee established in the agreement is charged for:

   • granting access to the Service functionalities within the agreed scope,

   • maintaining readiness to provide services,

   • providing support by staff assigned to the Service Recipient.

   The Service Recipient must pay the full fee for the Premium Plan during the Agreement term, regardless of their actual use of the functionalities in a given billing period.

8. The Service Provider does not guarantee the results of the campaigns conducted by the Service Recipient using the Service, particularly, it does not guarantee increased sales, revenue, or customer interest resulting from the campaign.

§11 Complaints

1. Complaints may be submitted in the event of:

   • failure by the Service Provider to meet the deadlines for service delivery as specified in the Terms and Conditions or the Agreement,

   • non-performance, improper performance, or defective performance of a Service covered by the Agreement between the Parties.

2. A complaint regarding the provided contacts (for which the Service Provider is the data controller) may be submitted only electronically according to the rules described on the Service Provider’s website at: https://dmsales.com/pomoc/reklamacje-kontaktow/

   .

3. Service malfunctions or complaints may be reported 24/7 via the online chat available on the Service Provider’s website: www.dmsales.com

   .

4. A complaint must be submitted within 30 days from the date the service was to be delivered or the day the failure occurred.
   Complaints submitted after this deadline will not be considered, and the Service Provider will promptly notify the Service Recipient of this fact.

5. The Service Provider shall process the complaint within 21 days from the date of its receipt.
   The date of submission is considered the date the complaint is delivered to the Service Provider.

6. The Service Provider undertakes to ensure the proper functioning of the Service to the extent permitted by current technical knowledge and to eliminate reported irregularities within a reasonable time.

7. In case of service malfunctions, the Service Recipient must immediately notify the Service Provider via the customer support available within the application or on the Service Provider’s website.

8. During Service usage, the Service Recipient is obliged to keep their Login and Password confidential and to make every effort to prevent unauthorized persons from accessing them.

9. The Service Provider reserves the right to intervene in the Service Recipient’s Account to the extent necessary to correct any malfunctions or Service disruptions.

10. If the complaint is accepted, the Service Provider will credit the Service Recipient’s account with a number of Points at least equal to the value of the complained-about service.

11. Complaints regarding entrusted or provided data are limited to the following cases:

    • The provided phone number does not exist;

    • The phone number is incorrectly assigned to the indicated person;

    • The contact does not meet the requirements defined in the Terms and Conditions or the Agreement

§12 Changes to the Terms and Conditions

1. The Service Provider is entitled to amend these Terms and Conditions at any time.

2. The new version of the Terms and Conditions becomes binding from the date of its publication on the website dmsales.com.

3. For Service Recipients who concluded Agreements based on an earlier version of the Terms and Conditions, the new version shall become binding upon informing these Service Recipients about the change, unless they submit a statement terminating the Agreement within 7 days of receiving the notification.
   Both the notification of the change to the Terms and Conditions and the statement terminating the Agreement due to the change may be submitted by e-mail.