Terms and conditions

Effective Date: 15.05.2024

These terms and conditions ("Terms") govern your membership with Slabu, a product described on our Website [https://slabu.ai/] ("Subscription"). Your Subscription is for the tiered package as selected by you and agreed between us by means of the Website ("Subscription Tier").

By clicking the tick box below, paying for your Subscription, or otherwise accepting the benefit of any part of the Solution, you agree to be bound by these Terms which form a binding contractual agreement between you or the company you represent ("Client", "you") and P@More, a sole proprietorship company duly incorporated under the laws of Poland, with its seat in Łódź, Poland, at Graniczna 57/2 Street, 93-428, NIP (tax id number): 729 274 51 81, REGON (statistical number): 522 681 390, and Crocware, a sole proprietorship company duly incorporated under the laws of Poland, with its seat in Stalowa Wola, Poland, at Monte Cassino 33 Street, 37-450, NIP (tax id number): 865 257 22 12, REGON (statistical number): 384 309 642, both trading as Slabu ("Slabu", "our", "we", "us"). You represent and warrant that you have valid authority to enter into these Terms on behalf of any entity you may represent.

We may change these Terms at any time by notifying you, and your continued use of the Solution following such an update will represent an agreement by you to be bound by the Terms as amended.

In these Terms, capitalized words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.

Please read these terms and conditions carefully before agreeing to proceed with your Subscription.

1. THE SOLUTION

1.1 Order

(a) By submitting an order for the purchase of a Subscription on the Website, or by responding to a quote from us, indicating that you would like us to provide any goods, software, or services to you, including Additional Services ("Order"), you represent and warrant that:

(b) Submitting or agreeing to an Order constitutes your intention and offer to enter into these Terms.

1.2 Your Subscription and the Solution

(a) The Solution: The Solution includes the Software, the Hosted Services, the Support Services, and any agreed Additional Services, to the extent described in your Subscription Tier.

(b) Scope of Subscription: Your Subscription includes the benefits and limitations of your Subscription Tier as set out on our Website and in your Order (as may be amended from time to time by notice to you).

(c) Term of Subscription: Your Subscription will commence on the date we make the Solution available to you (subject to you paying our Fees), and will continue for the Subscription Period, unless terminated earlier in accordance with these Terms.

1.3 Accounts

(a) Accounts: To submit an Order or to use the Solution, you may be required to sign-up, register, and receive an account through the Website ("Account").

(b) Provide Information: As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photos and video, audio files, profile information, payment details, ratings and reviews, verified identifications, verified certifications, and authentication, and other information as determined by us from time to time.

(c) Warranty: You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct, and up-to-date.

(d) Acceptance: Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

(e) Cancellation: We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure by you to comply with these Terms.

1.4 The Software

(a) During the Subscription Period, we grant to you a non-exclusive, non-transferable license to use the Software and Documentation for the Number of Solution Uses. If your Subscription Tier on the Website does not specify a Number of Solution Uses, your license to use the Solution under this clause will be limited to one (1) use (the Number of Solution Uses will be one (1)).

(b) We may from time to time, in our absolute discretion, release enhancements to the Software, where "Enhancements" means any upgraded, improved, modified, or new versions of the Software. Any Enhancements to the Software will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.

(c) We will provide the Software in accordance with all applicable Laws and industry standards.

2. SERVICES

2.1 Services

We will provide you with:

(a) Hosted Services and Support Services, as set out in the Order for your Subscription, or as agreed by us in writing from time to time; and

(b) Additional services from time to time, as set out in any Order accepted by us ("Additional Services").

2.2 Client Obligations

You agree to:

(a) Provide us with all documentation, information, and assistance reasonably required by us to perform the Services; and

(b) Provide us with access to any third-party or other accounts used by you (including log-in details and passwords), as is reasonably required by us to perform the Services.

2.3 Client Material

(a) You warrant that all information, documentation, and other Material you provide to us for the purpose of receiving the Services is complete, accurate, and up-to-date.

(b) You release us from all liability in relation to any loss or damage arising out of or in connection with the Services, to the extent such loss or damage is caused or contributed to by information, documentation, or any other Material provided by you being incomplete, inaccurate, or out-of-date.

2.4 Review of Services

If you review and approve of a Service, then that will constitute acceptance of responsibility for any errors and omissions within that Service (for example, in any copywriting we prepare for you). We will use our best efforts to ensure there are no such errors or omissions.

2.5 Collection Notice and Privacy

(a) We collect personal information about you in the course of providing you with the Solution, to contact and communicate with you, to respond to your inquiries, and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose, and store your information and details how you can access and correct your personal information.

(c) By agreeing to these Terms, you agree to be bound by our Privacy Policy [Privacy Policy URL].

3. FEES AND PAYMENT

3.1 Fee

You agree to pay the Fees in the amounts, and at the times, set out in the relevant Order.

3.2 Subscription Fees

You must pay subscription fees to us in the amounts and at the times specified in your Order, or as otherwise agreed in writing ("Subscription Fees").

3.3 Late Payments

We reserve the right to suspend all or part of the Solution indefinitely if you fail to pay any Fees in accordance with this clause.

3.4 No Change of Mind Refunds

Our Fees are non-refundable for change of mind.

3.5 VAT

Unless otherwise indicated, the Fees do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice.

3.6 Card Surcharges

We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit, or charge card (including Visa, MasterCard, or American Express).

4. CANCELLATION OF YOUR SUBSCRIPTION

(a) You may cancel your Subscription by notice to us. Your Subscription will end in the then-current billing cycle, and you will be charged for that billing cycle.

(b) Your license to the Solution under these Terms will last for the remainder of the then-current billing cycle to ensure you have an opportunity to retrieve all data you may need from the Software. Once the then-current billing cycle ends, we will have no responsibility to store or otherwise retain any User Data, and you release us in respect of any loss or damage which may arise out of us not retaining any User Data or other Material beyond that point.

(c) Your access to the Solution will be revoked at the end of the relevant billing cycle in which you cancel your Subscription by notice to us.

(d) We may cancel your Subscription immediately at any time. If we cancel your Subscription under this clause 5(d), in circumstances where you have not breached any of these Terms, we will issue you with a refund of a pro-rata amount of the Subscription Fee, in proportion to the remainder of the period in which you will not have access to your Subscription due to our cancellation.

5. UPGRADE AND DOWNGRADES

(a) You may notify us that you would like to upgrade or downgrade your Subscription Tier at any time. If you do, we will:

(b) For the avoidance of doubt, if you choose to downgrade your Subscription, the new Subscription Fees will kick in at the start of the next billing cycle, unless we notify you otherwise. We generally don’t pro-rate downgrades in between billing cycles, however, we reserve the right to from time to time.

(c) If you choose to downgrade your Subscription, you acknowledge and agree we are not liable, and you release us from all claims in relation to, any loss of content, features, or capacity, including any Client Data.

6. OBLIGATIONS

6.1 Your Obligations

(a) You must, and must ensure that all Users, comply with these Terms at all times. You acknowledge and agree that we will have no liability in respect of any damage, loss, or expense which arises in connection with your, your Personnel’s, or any User’s, breach of these Terms, and you indemnify us in respect of any such damage, loss, or expense.

(b) You must not, and must not encourage or permit any User, Personnel, or any third party to, without our prior written approval:

(c) If you become aware of misuse of your Subscription by any person, any errors in the material on your Subscription, or any difficulty in accessing or using your Subscription, please contact us immediately using the contact details or form provided on our Website.

6.2 User Obligations

You agree, and you must ensure that all Users agree:

(a) To comply with each of your obligations in these Terms;

(b) Not to intimidate, harass, impersonate, stalk, threaten, bully, or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content, or harassment in connection with the Solution;

(c) Not to upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic, or racist material using the Solution;

(d) To sign up for a new Solution account ("User Account") in order to use the Solution;

(e) To not share your User Account with any other person;

(f) Not to use the Software for any purposes other than the purpose of the Software, which is to build and deploy AI chains, to be used by Users ("Purpose");

(g) Not to integrate the Software with third-party data or Software, or make additions or changes to the Software, (including by incorporating APIs into the Software) other than for the Purpose;

(h) To not share your User Account information (including your Account information), including log-in details or passwords, with any other person and that any use of your User Account or Account by any person who is not the account holder is strictly prohibited. You must immediately notify us of any unauthorized use of your User Account, Account, password, or email, or any other breach or potential breach of the Solution’s security;

(i) Not to use the Solution for any purpose other than for the purpose for which it was designed, including you must not use the Solution in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);

(j) Not to use the Solution in a way which infringes the Intellectual Property Rights of any third party;

(k) Not to act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Solution;

(l) You must not make any automated use of the Solution and you must not copy, reproduce, translate, adapt, vary, or modify the Solution without our express written consent;

(m) That we may change any features of the Solution at any time on notice to you;

(n) That information given to you through the Software, by us or another User, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

(o) That we may cancel your, or any User’s, Account at any time if we consider, in our absolute discretion, that you or they are in breach of, or are likely to breach, this clause 7.

6.3 Hosted Services

We will store User Data you upload to the Software using a third-party hosting service selected by us ("Hosting Service"), subject to the following terms:

(a) Hosting Location: We may use storage servers to host the Software through cloud-based services, and potentially other locations outside Poland, unless otherwise agreed in writing.

(b) Service Quality: While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Service will be free from errors or defects or that User Data will be accessible or available at all times.

(c) Backups & Disaster Recovery: In the event that User Data is lost due to a system failure (e.g., a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.

6.4 Support Services

If the Solution includes us providing you with support, where necessary to resolve technical issues with the Software ("Support Services"), unless otherwise specifically agreed in writing:

(a) We will take reasonable steps to provide Support Services where necessary. You should first endeavor to resolve any issues with the Software internally and we will not assist with issues that are beyond our reasonable control.

(b) You are responsible for all internal administration and managing access, including storing back-up passwords and assisting your Personnel to access and use the Software.

(c) You will not have any claim for delay to your access to the Software due to any failure or delay in Support Services.

7. POSTED MATERIAL

7.1 Warranties and Indemnity

(a) By providing or posting any information, Material, or other content in connection with the Software ("Posted Material"), you represent and warrant that, and must ensure that all Users make equivalent representations and warranties:

(b) You indemnify us against all damages, losses, costs, and expenses incurred by us arising in connection with any third-party claim that Posted Material infringes any third party’s Intellectual Property Rights.

7.2 Removal

(a) The Software acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material. However, we may, in our absolute discretion, review and remove any Posted Material from the Solution at any time without giving any explanation or justification for removing the Posted Material, including if we determine that the Posted Material infringes a third party’s Intellectual Property Rights, or is reasonably likely to.

(b) You agree that you are responsible for keeping and maintaining records of Posted Material.

8. INTELLECTUAL PROPERTY AND DATA

8.1 Infringing Content on the Software

(a) If you become aware of Posted Material, or other Material, on the Software that infringes the Intellectual Property Rights of any person, or is reasonably likely to, please contact us immediately.

(b) If you submit a complaint to us under clause 9.1(a):