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Terms of Service

§ 1.
DEFINITIONS

Price List – The document available on the WWW website of the Service Provider, in the “PRICING” tag, specifying the current fees for using the subscription Plan of the Saas Service.
Registration Form – The Form available in the administration panel of the Service Provider for the Client to set up an Account. The Registration Form allows to create an Account appropriate for a specific Client. It includes information such as e-mail and Password.
Password – A secret sequence of characters that allows the system to authorise the Client and provide them with the access to the functions assigned to them in the Service Provider’s Software. The password is necessary for the Client to sign up, sign in and use the Service. The Client must not reveal the Password to third parties and they should use a strong, unique Password.
Account – A collection of resources in the ICT system of the Service Provider, marked with an individual name (login) and a confidential Password, in which the Client’s data is stored (as provided by the Client in the Registration Form). In order to create an Account in the system, it is necessary to register it and then read and accept the Terms and Conditions. The Client is responsible for the confidentiality of their Password to the Account.
Login – The Client’s identification that is a sequence of characters assigned to them.
The system may contain only one unique login of a given name.
Subscription time – The period of time for which the Service has been purchased. The time the subscription commences is regarded the moment of paying and crediting the Client’s fee in the electronic payment system.
Subscription fee – The fee paid by the Client via the electronic payment system for using the Saas Service Subscription Plan chosen by the Client, for the period indicated in the Price List and in accordance with the rates as specified in the Price List.
Software – Software which is a creation/work as understood by the legal act dated 4 February 1995 on copyright and related rights (consolidated text in Dz. U. journal of laws from 2022 item 2509), offered by the Service Provider via the Internet in the Saas model.
Subscription plan – The Plan chosen by the Client, in accordance with their needs, specifying the scopes and parameters of the Service, the settlement period and the price for the Service.
Terms and conditions – These Terms and Conditions for electronic provision of Services in the Saas model.
GDPR – Regulation of the European Parliament and of the Council (UE) 2016/679 of 27 April 2016 on protection of natural persons in connection with processing personal data and on free flow of such data and repealing directive 95/46/WE.
Website – The internet website of the Service Provider, operating under the address: push0.com, enabling the Client access the Saas Service.
Agreement – An Agreement for electronic provision of the Service as under the Terms and Conditions.
Service / Saas Service – “Software as a Service”. A Service that consists in making the Software available remotely via the Internet. It enables the Client to use the functionality of the Service Provider’s Software.
Client – Entrepreneur as defined in the Article 43 1 of the legal act dated 23 April 1964 Civil Code (consolidated text in Dz.U. journal of laws from 2022 item 1360 as amended), or their representative who uses the Service.
Service provider – Moralnie Sp z o o. with seat in Poland 41-215 Sosnowiec at ul. Wagowa 28 entered by the Court KATOWICE – SOUTH IN KATOWICE, 8TH COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER to the Register of Entrepreneurs under the KRS number: 0001090841.

    § 2.
    GENERAL

    1. These Terms and Conditions define the detailed rules and conditions for the provision of the Service by the Service Provider in the Saas model – “Software-as-a-Service”.
    2. These Terms and Conditions are the regulations referred to in Article 8 of the legal act of 18 July 2002 on the provision of electronic services (consolidated text in Dz.U. journal of laws from 2020, item 344).
    3. The use of the Service is conditional on the Client’s acceptance of the Terms and Conditions.
    4. The Service Provider makes the Terms and Conditions available to the Client free of charge, and also – at their request – in a manner that enables the acquisition, reproduction and recording of the content of the Terms and Conditions using the ICT system used by the Client.
    5. The Saas Service is provided by Moralnie Sp z o o. with registered office in 41-215 Sosnowiec, Poland. at ul. Wagowa 28 entered by the Court KATOWICE – SOUTH IN KATOWICE, 8TH COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER to the Register of Entrepreneurs under the KRS number: 0001090841.
    6. The Client is obliged to comply with the provisions of the Terms and Conditions.
    7. The Client using the Service confirms that they have the status of an entrepreneur, and the use of the Service is related to their business activity and is of professional nature for them. These Terms and Conditions do not apply to the provision of the Service to consumers as defined in the Article 221 of the legal act dated 23 April 1964 Civil Code (consolidated text in Dz.U. journal of laws from 2022 item 1360 as amended), as well as natural persons concluding an agreement directly related to their business activity, when the content of the agreement shows that it does not have a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. The provisions of these Terms and Conditions do not apply in relations with consumers and entrepreneurs with consumer rights.

    § 3.
    TYPE AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY

    1. Under the conditions set out in these Terms and Conditions, the Service Provider provides, via the Internet, to the Client, a service in the Saas model consisting in using the functionality of the Service Provider’s Software, in particular:
      • the Client’s obtaining the possibility to send and receive push notifications for mobile devices based on Android and iOS
      • the Client’s sending push notifications according to selected criteria/filters;
      • facilitating and accelerating the implementation of the function of sending push notifications by obtaining the possibility of adding the Service Provider’s library to the Client’s code;
      • the Client’s obtaining the ability to collect and verify statistics including information such as: what mobile devices received push notifications, when they received notifications, how many device users rejected the notification, how many device users reacted to the notification, which mobile devices did not receive the notification.
    2. The Client gains access to the Saas Service by performing all of the below:
      • the Client’s registration consisting in filling-in the information in the Registration Form available in the administration panel (e-mail, password);
      • the Client’s consent to the processing of personal data;
      • reading these Terms and Conditions and accepting them.

    § 4.
    TERMS OF PROVIDING SERVICES BY ELECTRONIC MEANS

    1. In order to use the Saas Service, the Client should comply with all of the following:
      • have constant access to the Internet;
      • use properly configured applications in the administration panel;
      • have properly implemented SDK integration for selected mobile operating systems;
      • have a popular web browser connected to the Internet that supports Cookies;
      • use a device with Android (version 5.1 or later) or iOS (version 13.0 or later) installed.
    2. The Client is solely responsible for protecting the Login and Password used to access the Website. The Client undertakes not to disclose the Password to third parties.
    3. The Service Provider is not liable for damages caused by the Client’s disclosure of the Password or Login to a third party.
    4. The SaaS Service is provided only to business entities.
    5. The Client is obliged, in particular to:
      • respect the ban on providing unlawful content, referred to in Article 8(3)(2)(b) of the legal act on the provision of electronic services of 18 July 2002 (consolidated text in Dz.U. journal of laws of 2020, item 344);
      • enter data that is true to the facts;
      • use the Service in a manner consistent with applicable laws and good mores, taking into account respect for personal rights and intellectual property rights of third parties;
      • not provide and not transfer content prohibited by law, contradictory with good mores or violating the principles of social coexistence;
      • use the Service in a way that does not interfere with its functioning and does not violate its integrity, and in a way that is not burdensome for the Service Provider and other Users.
    6. The Service Provider has the right to block access to the Client’s Account in the event that the Client violates the provisions of the Terms and Conditions, takes actions that threaten the security of the Service, performs unlawful activities, acts to the detriment of the Service Provider, provided data that is untrue, uses the Service for purposes inconsistent with its purpose or non-compliant with the law, including providing unlawful content. The Client is not entitled to a refund for the blocked period.
    7. The Service Provider reserves the right to carry out maintenance works that may cause difficulties or prevent the Client from using the Service. The Service Provider will make every effort to inform about the dates of the works and their expected duration. The Service Provider hereby advises that they make every effort to ensure that the use of the Service is as safe as possible. Nevertheless, the Service Provider hereby advises that a particular threat related to the use of the Website is the potential risk of unauthorised access by third parties, which may cause unforeseen changes in its functioning.
    8. The Service Provider shall not be liable in the event of disruptions in the provision of the Service caused by force majeure, equipment failures, power outages, interruptions in Internet connection, unauthorised interference by the Clients or third parties, faulty operation of ICT systems, software installed on the Client’s equipment.
    9. The Service Provider shall not be liable for loss of profits in running the Client’s enterprise, interruptions in the operation of the enterprise or loss of economic information and other property losses, as well as for any consequences of using information obtained through the Software, loss of data, or indirect damages of the Client. Any liability of the Service Provider for damages arising in connection with this service is limited to the amount of the Subscription Fee paid by the Client during the subscription period in which the improper performance of the service took place. The above limitation does not apply to a situation where the full amount of liability is defined by applicable laws.
    10. The Client, as well as any other person having access to the Website, is obliged to refrain from copying, modifying, disseminating or using in any other way materials posted on the Website without the consent of the Service Provider or another person or third party who has intellectual property rights to the materials, with the exception of using these Materials as part of the fair use referred to in the provisions of the legal act of 4 February 1994 on copyrights and related rights (consolidated text in Dz.U. journal of laws of 2022, item 2509).
    11. The Client bears full responsibility towards the Service Provider and third parties or entities for damages related to:
      • violation by the Client of the law, including in particular the rights of third parties or entities and the provisions of these Terms and Conditions,
      • incorrect or unauthorised use of the Service, as well as for related technical problems, loss of data or other damage to the operation of the Service,
      • posting any work as defined in the provisions of the legal act dated 4 February 1994 on copyrights and related rights (consolidated text in Dz.U. journal of laws from 2022 item 2509) in a manner that violates the intellectual property rights of a third party or entity that is bestowed with such rights.
    12. The Client’s liability as referred to in the preceding item, covers both remedying the damage for the Service Provider or a third party, as well as incurring additional costs that resulted from the damage, including in particular court costs, costs of legal representation, costs of enforcement proceedings and other reasonable costs incurred by the Service Provider in connection with causing damage and in connection with claims of third parties or entities.
    13. The Service Provider does not guarantee that the Saas Service will meet all the expectations of the Client.
      It is in the Client’s interest to become acquainted with the functionalities of the Service before its provision commences.

    § 5.
    PAYMENTS

    1. The Service is available under a Subscription Plan, with a 14-day free trial period for new Clients.
    2. After the trial period ends, the Client must select and pay for a Subscription Plan to continue using the Service with the features specified in the Price List.
    3. The detailed information on the rates of Subscription Fees is provided in the Price List located on the Service Provider’s website in the “PRICING” tab.
    4. The Service Provider reserves the right to amend the Price List. Changes to the Subscription Price List are announced on the Service Provider’s website by publishing the current Subscription Price List. The change of the Subscription Price List does not affect the change in the amount of Subscription Fees paid by the Client before the publication of the changed price list.
    5. The Subscription Period for the provision of the Service is cyclical – monthly, the Service is extended every month after the payment is posted and accepted.
    6. The Client can make the payments referred to in § 5 sec. 2 above, via the Stripe payment platform. In the payment process, the payment service provider may require acceptance of their regulations, provision of additional data or expressing applicable consents.
    7. If the Client chooses the ENTERPRISE Subscription Plan, § 5 sec. 6 above is not applicable.
    8. The subscription commences when the payment is made and is credited to the Stripe platform.

    § 6.
    CONDITIONS FOR CONCLUSION AND TERMINATION OF AGREEMENTS FOR THE ELECTRONIC PROVISION OF SERVICES

    1. The conclusion of an agreement for the electronic provision of services takes place through registration – setting up an Account – in the administration panel – by the Client. For this purpose, the Client is obliged to provide true data.
    2. After registering (setting up an Account), the Client gains access to the Service as part of a 14-day free trial. To continue using the Service after the trial period and unlock additional features, the Client must purchase a suitable subscription package.
    3. Termination of the agreement for the electronic provision of services takes place in the event the Client’s account on the Website is deleted by the Client or the Service Provider in the event of the circumstances indicated in the Terms and Conditions
    4. The Service Provider reserves the right to limit / deprive the Client of the right to use the Service referred to in § 3 para. 1 of the Terms and Conditions, by blocking access to the Client’s Account, in the cases referred to in § 4 item 6 of the Terms and Conditions. If the Service Provider applies the above measures, the subscription fees paid by the Client are not refundable.

    § 7.
    CONDITIONS FOR CONCLUSION AND TERMINATION OF AGREEMENTS FOR THE ELECTRONIC PROVISION OF SERVICES

    1. The Client may submit a complaint in connection with the non-performance or incorrect performance of the Service by the Service Provider.
    2. Complaints can be submitted to the Service Provider’s e-mail: [email protected]
    3. In the complaint, the Client is obliged to provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity, and contact details. This information is intended to facilitate and accelerate the processing of complaint by the Service Provider.
    4. Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date they receive the complaint. If it is necessary to carry out additional diagnostic activities, the Service Provider reserves the right to extend the above-mentioned period of time, according to the time needed to perform the diagnostic activities in question.
    5. The Service Provider will inform the Client about the result of analysing the complaint by e-mail sent to the e-mail address provided by the Client.
    6. Complaints cannot be considered in particular when:
      • the incorrect performance of the Service was caused by a failure of the operating system, other third-party software or the Client’s hardware (device, server, computer network) on which the Service is provided;
      • the service is executed by the Client on equipment that does not meet the minimum system requirements or does not have technical parameters enabling proper operation;
      • the complaint is the result of infection of the Client’s device or computer network by viruses, trojans or spyware;
      • the complaint is grounded on the Client’s problems with the Internet connection used – its failures, too low connection parameters or its instability;
      • the reason for the complaint is the fact that the Client forgot the Password and/or login to the Account;
      • the reason for the complaint is the fact that the Client disclosed the confidential data (login, password, network parameters, other) to unauthorised third parties.

    § 8.
    PERSONAL DATA PROTECTION

    1. The Controller of the personal data of the Clients collected through the Website is the Service Provider (Moralnie Sp z o . with registered office in 41-215 Sosnowiec, Poland at ul. Wagowa 28.entered by the Court KATOWICE – SOUTH IN KATOWICE, 8TH COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER to the Register of Entrepreneurs under the KRS number: 0001090841., who can be contacted by the Clients via the e–mail: [email protected]
    2. When accepting the Terms and Conditions and starting to use the Service, the Client agrees for the processing of their personal data by the Service Provider. The recipient ensures that the consent also covers all the Client’s Users.
    3. Below the Registration Form, the Client can check a box to express their consent to the Service Provider processing their personal data of the e-mail address for the purpose of sending marketing information regarding products and Services offered by the Service Provider via electronic means of communication, pursuant to Article 10(1) and (2) of the act on the provision of electronic services (consolidated text in Dz.U. journal of laws from 2020 item 344).
    4. In the case of giving consent referred to in § 8(3) above, the Service Provider reserves the right to send electronically to the Client’s e-mail address marketing information regarding the Service Provider’s products and Services, commercial information and other marketing materials.
    5. Personal data of the Clients and their Customers are processed by the Service Provider in accordance with the provisions of applicable laws, including in particular the provisions of the Act of 10 May 2018 on the protection of personal data (consolidated text in Dz.U. journal of laws of 2019, item 1781), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and the Act of 18 July 2002 on the provision of electronic services (consolidated text in Dz.U. journal of laws from 2020 item 344).
    6. The Service Provider declares that it undertakes to use personal data in accordance with the law and only to the extent necessary to perform the Services specified in these Terms and Conditions and for the purposes set out herein. Personal data of the Clients are processed by the Service Provider in order to:
    7. perform the SaaS Service Agreement (pursuant to Article 6(1)(a) and (b) of the GDPR);
    8. fulfil the Service Provider’s legal obligation (pursuant to Article 6(1)(c) and (3) of the GDPR);
    9. perform marketing activities of own products or services (pursuant to Article 6(1)(f) of the GDPR);
    10. pursue or secure claims (pursuant to Article 6(1)(f) of the GDPR).
    11. Providing personal data by the Client is voluntary, however, the consequence of not providing personal data will be the inability to provide the Service. In order to gain access to the Service, it is necessary to set up an Account by completing the Registration Form, including providing the e-mail address of the Client.
    12. The Service Provider uses Cookie files to collect information related to the use of the Service by the Client. Cookies enable the adaptation of the Service to the needs of the Clients and other persons using it, ensuring the development of the Service’s functionality, for statistical purposes. The Service Provider informs that restrictions on the use of Cookies may affect the functionality of the Website.
    13. The Client declares that the personal data provided by them are true and is liable for providing false data.
    14. The Service Provider provides the Client with the right to request from the Service Provider access to their personal data, the right to rectify, delete or limit processing them, the right to object to processing in certain statutory cases, the right to transfer their personal data and the right to submit a complaint to the supervisory authority. The scope of the rights of the data subject results from the basis for the processing of personal data and is specified in applicable laws.
    15. The Client’s withdrawal of consent to the processing of personal data will be tantamount to termination of the Agreement for the provision of Services referred to in § 3 sec. 1 of these Terms and Conditions, and in this case the Service Provider shall not be liable for the inability to perform its obligations towards the Client. The Client’s withdrawal of consent shall not affect the lawfulness of processing based on the Client’s consent before its withdrawal.
    16. The Service Provider applies appropriate technical and organisational measures to ensure the security of personal data provided by the Clients, in particular preventing access to them by third parties or their processing in violation of the law, preventing data loss, damage or destruction.
    17. The Client’s personal data may be transferred to entities authorised to receive them under applicable laws, including the competent judicial authorities. The Client’s personal data may also be transferred to third parties indicated by the Service Provider in connection with the services provided to the Clients as part of the Service, i.e. partners providing the following:
      • marketing services;
      • debt collection services;
      • bookkeeping and accounting services;
      • advising and consulting services;
      • online payment services.

    § 9.
    PERSONAL DATA PROTECTION

    1. The content made available on the Website, trademarks, company names, logos, photos, multimedia and any other works contained therein as defined in the Act of 4 February 1994 on Copyright and Related Rights (consolidated text in Dz.U. journal of laws of 2022 item 2509) are protected by the provisions of generally applicable laws.
    2. Using the Service does not mean that the Client has acquired any rights to intangible assets to the works on the Website. In particular, it is prohibited, without the prior written consent of the Service Provider, to copy, distribute, use or modify any components of the Website.

    § 10.
    FINAL

    1. The Service Provider reserves the right to amend the content of the Terms and Conditions. The Service Provider shall notify the Client about changes to the Terms and Conditions by making the content of the new Terms and Conditions available on the Website. The Service Provider may also send the amended Terms and Conditions to the Client’s e-mail address.
    2. The Terms and Conditions may be changed in particular in the event of technological or organisational changes in the operation of the Service or changes in technical and organisational conditions or legal provisions for the provision of the Service.
    3. If any of the provisions of the Terms and Conditions are or become invalid or ineffective, this does not affect the validity of the remaining provisions.
    4. Declarations of will made by the Service Provider and the Client in electronic form (via e-mail) will be equivalent to declarations made in writing.
    5. Any disputes between the Service Provider and the Client who is not a Consumer will be resolved in the first place through negotiations, with the intention of settling the dispute amicably. Should this prove to be unreachable or the outcome be unsatisfactory for any of the parties, the disputes shall be resolved by a common court competent for the seat of the Service Provider, pursuant to the provisions of the Code of Civil Procedure of 17 November 1964 (consolidated text in Dz.U. journal of laws from 2021, item 1805, as amended).
    6. The Terms and Conditions are effective from 01.06.2025.
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