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AISP Terms of Use

Rules for using AITracker, client software and AISP services.

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Get to know the terms of use of AISP sp. z o. o.

Terms of Use

Version valid from October 28, 2026.

Thank you for using AITracker! These terms of service ("Terms") cover your use of and access to our services ("Services"), client software and websites ("Platform") (collectively, the "AITracker Services"). The AITracker Services are offered to you conditioned upon your acceptance without modification (other than the Special Terms (as defined below) agreed to by the parties in accordance with these Terms of Service), all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy at https://en.aisp.pl/kontakt/polityka-prywatnosci/ ), the Guidelines (as defined below) and any future modifications thereto and procedures that may be published from time to time on Platform or made available to you on or through the AITracker Services (collectively, the "Terms"). Once accepted by you (as defined below), these Terms constitute a legally binding agreement between you and AISP sp. z o.o. ("AISP", as defined below). If you are entering into these Terms on behalf of an entity, such as an employer or company for which you work, you represent that you have the legal authority to bind such entity. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING, ACCESSING, BROWSING AND/OR OTHERWISE USING THE AITRACKER SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS, BROWSE OR OTHERWISE USE THE AITRACKER PLATFORM OR SERVICES. AISP may, in its sole discretion, suspend or terminate access to or use of the AITracker Services by anyone who violates these Terms. If you register for a trial of the AITracker Services, the applicable provisions of these Terms will apply to that free trial. 

The original language of these Terms and Conditions is Polish. AISP may provide translations for your convenience. In the event of a conflict between the original Polish version and any translation, the Polish version will prevail.

1. Definitions

Account - the primary means of accessing and using the AITracker Services, subject to the fees specified in the selected Plan. 

Activity - video uploading, video processing, data querying, data analysis, reporting and exporting data that may be associated with the Account.

Authorization - a set of rights and privileges on the Website assigned to the User by the Customer. 

Customer - a natural or legal person who has accepted these Terms and Conditions with AISP sp. z o.o. Customer Data - Files and any other digital data and information that are subject to AITracker Services or otherwise entered into the System by Customer (including video files, profile information, billing information associated with Customer); 

Content - all data and information available through AITracker Services or contained in the structure of the System, photos, images, audiovisual works, other information materials and any comments. 

Fee - payment for AITracker Services associated with the Account. Files - video files or other data files entered into the System by the Customer. 

Free video hours – free video hours made available to the Client by AISP sp. z o.o. without having to pay the Fee. 

Guidelines - additional guidelines or rules applicable to specific features, applications, products or services that may be posted on the Platform from time to time or otherwise made available on or through the AITracker Services.

AISP - AISP sp. z o. o., a limited liability company established in accordance with Polish law, with its main place of business at ul. Stanisław Konarskiego 18C, 44-100 Gliwice, Poland, registered in the National Court Register under number 0001083846, NIP 6312719187, www.aisp.pl. 

AITracker Materials - visual interfaces, graphics, design, systems, methods, information, computer code, software, services, "look and feel", organization, content compilation, code, data and all other elements of the AITracker Services. 

AITracker Services - Website, Computer Program, System, Content, Platform and all content, services and/or products available on or through the Platform. 

Pipeline - the process of extracting data from a video file or any other File processing on the Platform, which consists of several stages. 

Plan - plan for using the Platform. Various criteria related to the use and functionality of the AITracker Services on the basis of which the Fee is calculated.

Platform – AITracker program with cloud computing service

Reseller - a third party entity that (i) purchases AITracker Services from AISP sp. z o.o. and resells such AITracker Services to Customers, (ii) directly bills such Customers, and (iii) provides customer service to such Customers. 

Special Conditions - all particulars, specifications and conditions under which the parties have agreed derogations from these Conditions. 

Stage - file processing status at a specific point in time. System - an integrated cloud computing solution for providing the AITracker Services, including applications, software, hardware, databases, interfaces, related media, documentation, updates, new versions and other components or materials related thereto. 

User - a natural person who has been authorized to use the Account on behalf of the Customer. 

Website - a compilation of all Internet documents (including images, source code files) made available via www.aisp.pl or its subdomains or domains with identical names in other main domains and owned by AISP sp. z o.o.

2. Authority to enter into these Terms with AISP

          Your use of AITracker is subject to your acceptance of these Terms. To accept these Terms for yourself or on behalf of the Client, you must have the legal capacity to do so. In the case of a legal person, the entity must be duly registered and in good standing. Terms are accepted as soon as one of the following occurs first:

    • the person received from AISP sp. z o.o. confirmation of the creation of the Account and the necessary credentials to log in to your Account; or

    • for those AITracker Services and parts of the Website the use of which is not dependent on the creation of an Account, when you access such services.

You may not, without AISP sp. z o. o.'s prior written consent, access the AITracker Services (i) for production purposes, (ii) if you are a competitor of AISP sp. z o. o., (iii) to monitor the availability, performance or functionality of the AITracker Services, or (iv) for other comparative or competitive purposes. The User agrees not to abuse the AITracker Services and not to help other people do so. For example, you may not even attempt to do any of the following in connection with the Services:

    • probe, scan or test the vulnerability of any system or network.

    • violate or otherwise circumvent any security or authentication measures.

    • access, tamper with or use non-public areas or portions of the Services or shared areas of the Services to which you have not been invited.

    • Interfere with or disrupt any user, host or network, such as by submitting a virus to, overloading, flooding, spamming or mailbombing any portion of the Services.

    • access, search, or create accounts on the Services through means other than our publicly supported interfaces (for example, "scraping" or mass account creation)

    • sending unsolicited messages, promotions, advertising or spam.

    • sending altered, misleading or false source-identifying information, including "spoofing" or "phishing".

    • promote or advertise products or services other than your own without appropriate authorization.

    • Abusing referrals or promotions to obtain free credits or access to AITracker services without paying fees, such as more video storage than you deserve.

    • bypass disk space limits.

    • sell the Services unless expressly authorized to do so.

    • Posting or sharing material that is unlawfully pornographic or obscene, or that contains extreme acts of violence or terrorist activities, including terror propaganda.

    • promoting bigotry or hatred against any person or group of people on the basis of race, religion, ethnicity, gender, gender identity, sexual orientation, disability or impairment.

    • harassing or abusing AISP sp. z o.o. staff, representatives or agents providing services on behalf of AISP sp. z o.o.

    • violate the law in any way, including storing, publishing or making available material that is fraudulent, defamatory or misleading; or

    • violate the privacy or rights of others.

Once accepted, these Terms will remain in effect until terminated in accordance with the provisions herein.

3. Modifications to Terms

◦ AISP reserves the right, in its sole discretion, to change, modify, add or remove portions of the Terms at any time by posting such changes on or through the AISP Platform or Services. Please check these Terms periodically for changes. Your continued use of the AISP Services following the posting of such changes as set forth above constitutes your binding acceptance of such changes. Such amended Terms will be effective automatically upon (i) your continued use of the AISP Services or (ii) 30 days after posting such amended Terms on or through the Platform, whichever occurs first. Notwithstanding the foregoing, the resolution of any dispute arising between you and AISP will be governed by the Terms in effect at the time such dispute arose.

4. Our responsibilities

◦ Provision of AISP Services. AISP will (a) make the AISP Services, Content and Customer Data available to Customer in accordance with these Terms, (b) provide Customer with appropriate standard support for the AISP Services at no additional charge and/or enhanced support (for an additional fee), (c) use commercially reasonable efforts to ensure that the AISP Services are available 24 hours a day, 7 days a week, except for: (i) planned outages (which AISP will notify in advance electronically in accordance with the Guidelines), and (ii) any unavailability caused by circumstances beyond AISP's reasonable control, including, for example, acts of God, governmental action, flood, fire, earthquake, civil unrest, act of terrorism, strike or other labor problems, Internet service provider failure or delay, or denial of service attack.

◦ Customer Data Protection. AISP will maintain administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Customer Data as described in the Guidelines. These safeguards will include measures to prevent access, use, modification or disclosure of Customer Data by AISP personnel, except (a) to provide the AISP Services and to prevent or address technical issues, (b) as required by law in accordance with the Mandatory Disclosure Section, and (c) to use Customer Data to train, validate, test, develop and improve AISP models and the AISP Services in accordance with these Terms and the Privacy Policy. The Customer's data is processed in Poland and other countries of the European Economic Area. Cloud services are provided using the Google Cloud Platform infrastructure located in this area.

◦ By agreeing to these Terms and Conditions, the Customer grants AISP a general authorization within the meaning of Art. 28 (2) of Regulation (EU) 2016/679 to engage processors to provide AISP Services. AISP will inform Customer about changes to such processors in accordance with the procedure for amending these Terms set out in Section 3 of these Terms.

◦ Processor List:

▪ Google Cloud Platform, including Firebase - hosting, file storage and backup on servers located in the European Economic Area.

5. Use of AISP services

◦ Creating an Account. Certain features, functions, portions or elements of the AISP Services may only be used or accessed by Account holders. A person who wants to create an Account must:

▪ complete the registration form in the AITracker computer program or an alternative process provided by the reseller if access to the AISP Services was purchased from a reseller; and

▪ accept these Regulations by clicking the "Register" button or another similar button

◦ If several persons need to be associated with one Customer Account, Customer must designate these individuals as Users. Each such User is subject to the restrictions set out in these Terms.

◦ If Customer has designated and authorized Users, such Users will be deemed authorized to act on Customer's behalf when using the Account. AISP is not responsible for verifying the validity of any User's Authorization. However, AISP may, at its discretion, request additional information or evidence of an individual's eligibility. If AISP is unsure whether a User has received Authorization, AISP may, in its sole discretion, prevent such User from accessing the AISP Services.

◦ A User may be associated with multiple Customers and Accounts. Removing a User from one Account will not remove the User from the Platform if the User is associated with multiple Accounts.

◦ Customer and each User associated with the Account must provide AISP with true, accurate, current and complete information about the Customer, Users and the Account and keep it updated on an ongoing basis.

◦ Login to the Account. AISP will provide the Customer with a username and password ("Login Credentials") to access the Account, unless the Customer uses single sign-on or another login service. One Account may be used by multiple Users authorized by the Customer, including employees, contractors, students, or members of the same organization. The Customer may provide those Users with shared Login Credentials where this corresponds to the Customer's working arrangements. The Customer is responsible for designating and revoking Users, maintaining the confidentiality of the Login Credentials, all activity performed through the Account, and promptly changing the password when an authorization ends or unauthorized access is suspected. AISP may require separate Login Credentials or additional safeguards where justified by Account security or Service functionality. The Customer must promptly notify AISP of:

▪ disclosure, loss or unauthorized use of Login Data;

▪ the User leaves the Client's organization;

▪ changing the User's role in the Client's organization;

▪ termination of the User's authorization for any reason.

◦ Account deletion. Customer may terminate these Terms at any time in accordance with Section 17. AISP will permanently delete Customer's Account and Data within six months of the effective date of termination.

◦ AISP reserves the right to suspend or terminate the User's access to the Services upon notice to the User if:

▪ The User violates these Terms,

▪ Your use of the Services would create a real risk of harm or loss to AISP or other users, or

▪ The User does not use any paid Services and has not used AISP Services for 12 consecutive months.

◦ AISP will provide User with reasonable notice via the email address associated with the Account to remedy the activity that caused AISP to contact User and to provide User with the opportunity to export Customer Data from the AISP Services. If, after such notice, User fails to take steps requested by AISP, AISP will terminate or suspend User's access to the Services.

◦ AISP will not provide notice of termination before terminating the contract:

▪ The User materially violates these Terms,

▪ it would create legal liability for AISP or jeopardize our ability to provide the Services to other AISP Users, or

▪ The law prohibits AISP from taking such actions.

◦ Use of the Account is subject to a Fee. After registering an Account, the customer is subject to fees. Fees for the AISP Services consist of a Fee per hours of video processed.

▪ The applicable Fee for processed video hours is charged after processing after reaching the limit of 90% of available hours or within a period of no more than 6 months from the moment of processing.

◦ All Fees are non-refundable, i.e. they are not refundable or credited if the Customer deactivates the Account or terminates these Terms during the ongoing payment period.

◦ All Fees are exclusive of any taxes, levies or duties applicable under applicable law, unless otherwise specified herein. Customer is solely responsible for the payment of any such taxes, fees or duties.

◦ AISP may suspend or terminate the Services if Fees are past due. AISP may delete any User Accounts and Customer Data in the Account, including Customer Data in the Google Cloud Platform, within a commercially reasonable period of time after AISP's request prior to termination of the Services if Customer is more than 30 days in default.

◦ Free video hours. If the Customer uses all Free Video Hours, subsequent video hours processed will be subject to a Fee.

6. Payment

◦ The following provisions apply only if you purchase access to the AISP Services directly from AISP. If you purchase access to the AISP Services through a reseller, payment terms are set forth in your reseller agreement.

◦ Credit card authorization. AISP may seek pre-authorization for Customer's credit card account prior to purchasing AISP Services to verify that the credit card is valid and has the necessary funds or credit to cover the purchase. You authorize such credit card account to pay any amounts described herein and authorize AISP to charge such credit card account for any amounts described in these Terms. You agree to provide AISP with updated credit card account information upon AISP's request and whenever previously provided information is no longer valid.

◦ Electronic invoice. After each purchase, the Customer will receive an electronic invoice. If AISP has not requested a credit card pre-authorization, an electronic invoice will be issued to Customer prior to the end of each payment period to pay the Fee for the next payment period. The customer must pay the invoice by the date indicated on the invoice.

7. Customer data

◦ Uploading Customer Data to the Platform. If Customer uploads Customer Data to the Platform, such Customer Data and any processing of such Customer Data must comply with these Terms and applicable law. All right, title and interest in and to the Customer Data belongs to Customer or third parties, whether posted and/or uploaded by Customer or made available on or through the AISP Services by AISP. By uploading Customer Data to the Platform, Customer authorizes AISP to process Customer Data. The customer is responsible for ensuring that:

▪ Customer and any User associated with the Account shall not create, transmit, display or otherwise make available any Customer Data that violates the terms of these Terms and Conditions, the rights of AISP, other Customers or Users, persons or organizations, or is harmful (for example, viruses, worms, malware and other destructive code), offensive, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, invasive of privacy other people, defamatory, hateful or otherwise unlawful; and

▪ Customer and all Users associated with the Account have the necessary rights to use Customer Data, including placing it on the Platform and processing it through the Account.

◦ Accuracy not guaranteed. AISP does not guarantee any accuracy with respect to any information contained in Customer Data and strongly recommends that you carefully consider what you submit, transmit or post on or through the AISP Services. You acknowledge that all information contained in Customer Data is the sole responsibility of the person from whom such Customer Data originated. This means that Customer, not AISP, is entirely responsible for all Customer Data that is uploaded, posted, transmitted or otherwise made available through the AISP Services, and for any actions taken by AISP or other Customers or Users as a result of such Customer Data.

◦ Unlawful Customer Data. AISP is not obliged to pre-screen, monitor or filter any Customer Data or its processing activities by the Customer in order to detect its unlawful nature. However, if such unlawful Customer Data or unlawful processing activities are detected or reported to AISP, or if there are reasons to believe that certain Customer Data is unlawful, AISP has the right to:

▪ notify Customer of such unlawful Customer Data;

▪ refuse to publish it on the Website or place it in the System;

▪ require Customer to bring unlawful Customer Data into compliance with these Terms and applicable law;

▪ temporary or permanent removal of unlawful Customer Data from the Website or Account, restriction of access to it or deletion of it.

◦ If AISP provides compelling evidence that Customer Data is not unlawful, AISP may, in its sole discretion, restore such Customer Data that has been removed from the Website or Account or to which access has been restricted.

◦ Additionally, in the event that AISP, in its sole discretion, determines that Customer Data violates any applicable law, rule or regulation or these Terms, AISP may (but has no obligation to) delete such Customer Data at any time with or without notice.

◦ AISP as an EU data processor will assist Customer as data controller in complying with Customer's obligations under Regulation (EU) 2016/679 by providing access to data subjects and enabling data subjects to exercise their rights under Regulation (EU) 2016/679.

◦ Disclosure under duress. AISP may disclose Customer's confidential information to the extent required by law. In such event, AISP will use commercially reasonable efforts to notify Customer in advance of the forced disclosure (to the extent permitted by law), and Customer will provide reasonable assistance, at Customer's expense, if Customer wishes to contest the disclosure. If AISP is compelled by law to disclose Customer's confidential information as part of a civil proceeding to which AISP is a party and Customer does not contest the disclosure, Customer will reimburse AISP for its reasonable costs of compiling and providing secure access to such confidential information.

8. Services

◦ Use of AISP Services. Subject to these Terms and payment of the applicable Service Fee, AISP grants Customer and its authorized users a non-exclusive, non-transferable, non-sublicensable license to use the AISP Services to:

▪ collecting, storing and organizing customer data, such as adding new files, creating pipelines, visualizing data extracted from files, querying and filtering data extracted from files, generating reports based on customer data, exporting customer data;

▪ add new users and grant them permissions;

▪ modify and delete customer data;

▪ receive reasonable assistance and guidance from AISP regarding the use of the AISP Services.

◦ Technical support. AISP will provide reasonable technical support to Customer and its authorized User upon Customer's reasonable request. AISP will respond to Customer support requests using the contacts identified below as quickly as possible. Responding to inquiries from Customers and Users who have accepted these Terms but do not have an Account or are using the AISP Service as part of a free trial may be less expedient or may not occur at all.

◦ Contacts for all support inquiries are email: kontakt@aisp.pl

◦ Notwithstanding the foregoing, if you have purchased access to the AISP Services from a reseller, then first-line technical support will be provided by the reseller and not by AISP.

◦ Modifications to the Services. AISP reserves the right to modify the AISP Services or any part or element thereof from time to time without prior notice, including, but not limited to:

▪ rebranding the AISP Services at our sole discretion;

▪ discontinue provision or development of any particular AISP Service or part or element of the Platform, temporarily or permanently;

▪ taking actions necessary to protect AISP's rights in the event of use of AISP Services that may be interpreted as a violation of AISP's intellectual property rights, dissemination of Internet viruses, worms, Trojan horses, malware and other destructive or illegal activities

◦ Where applicable, Customer may be notified of such modifications when logging into the Account. Modifications, including changes to applicable rates for AISP Services, will become effective thirty (30) days prior to the effective date of such modification

◦ If Customer does not accept the modification, Customer will notify AISP or Reseller (if Customer purchased access to the AISP Services from a Reseller) prior to the effective date of the modification, and these Terms will terminate on the effective date of the modification. Customer's continued use of the AISP Services or any part or element thereof after the effective date of modifications constitutes Customer's acceptance of those modifications. AISP shall not be liable to Customer or any third party for any modification, suspension or discontinuance of the AISP Services or any part or element thereof.

9. Data processing

◦ GDPR provisions ( https://en.aisp.pl/kontakt/polityka-prywatnosci/ ) are hereby incorporated into these Terms of Service by reference. The GDPR sets out how we will process personal data on your behalf in connection with the Services provided to you under these Terms of Service.

10. Limitations

◦ Prohibited activities. Customer and its authorized Users may use the AISP Services and any part or element thereof solely to the extent, through the means and for the purposes specified in these Terms and applicable law. For example, neither the Customer nor any User may:

▪ use the AISP Services or any part or element thereof to commit a criminal offense, violate any applicable law, or to solicit or encourage others to engage in such illegal activities;

▪ copy, reproduce, distribute, modify, adapt, hack, create derivative works of, reverse engineer or decompile the AISP Services or any part or element thereof, or attempt to extract the source code thereof, except (i) as expressly permitted by applicable law and (ii) to the extent AISP is not authorized by such applicable law to exclude or limit the foregoing rights;

▪ use the AISP Services or any part or element thereof unless you have agreed to these Terms.

▪ Some uses require AISP approval. The Customer or any User may not, without the prior express written consent of AISP (email, fax, Skype, etc.):

▪ sell, resell, lease, license, sublicense, distribute, provide, disclose, exploit or otherwise grant access or make the AISP Services available in whole or in part to any third party, unless such third party is another authorized User of the same Customer;

▪ use the AISP Services or any part or element thereof to an extent, by means or for purposes other than those for which their functionality was created;

▪ use the AISP Services or any part or element thereof using programs that send automated queries or requests, unless such program is made available by AISP;

11. Privacy

◦ AISP takes the privacy of its Customers and Users very seriously. AISP Privacy Policy at https://en.aisp.pl/kontakt/polityka-prywatnosci/ is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs AISP's collection, use and disclosure of your or User's personal data.

12. Intellectual property rights

◦ AISP Intellectual Property Rights in the AISP Services. The AISP Services, AISP Materials, AISP trade names and trademarks, and any portions or elements thereof are solely owned and operated by AISP and its third party vendors and hosting partners. AISP Materials are protected by copyrights, trademarks, patents, trade secrets and trademarks, international conventions and treaties, and all other applicable intellectual property and proprietary rights. AISP, its affiliates and its licensors retain all right, title and interest in and to such AISP Services, AISP Materials, AISP trade names and trademarks and any portions or features. Your use of the AISP Services and AISP Materials or any parts or elements thereof does not grant you any ownership or intellectual property rights therein. Any commercial or promotional distribution, publication or use of AISP Materials is strictly prohibited unless you have received express prior written consent from AISP or other applicable rights holder. AISP reserves all rights in and to the AISP Services, AISP Materials, and AISP trade names and trademarks not expressly granted in the Terms.

◦ Content owned by AISP. Subject to these Terms and payment of the applicable Service Fee, AISP grants Customer and its authorized users a non-exclusive, non-transferable, non-sublicensable license to use the AISP Services. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the AISP Platform or Services. You may not copy, distribute or publish any Content or any information obtained or derived from it except as permitted on or through the AISP Services or as otherwise permitted by applicable law.

◦ Customer Data. Customer retains rights to Customer Data. By submitting Customer Data to the AISP Services, the Customer authorizes AISP to process it in order to perform the Service and grants AISP a non-exclusive, royalty-free right to use the Customer Data, including videos, images, registration numbers, metadata and analysis results, for training, validation, testing, development and improvement of artificial intelligence models and the AISP Services. AISP may also use Customer Data in aggregated or anonymized form for research, training, education, statistical and service development purposes. AISP does not publish or share Customer Data for marketing purposes without the Customer's separate consent. The use of personal data is carried out in accordance with the Privacy Policy. The Customer is responsible for having the legal basis, rights, consents and authorizations necessary to transfer the Customer Data and use it for the above purposes. The rights to the models, model parameters, methods, software and improvements developed using the Customer Data are vested in AISP, without prejudice to the Customer's rights to its source materials.

In connection with Customer Data, Customer acknowledges, represents and warrants that: 

(i) Customer owns its Customer Data or has the necessary licenses, rights, consents and permissions to use and authorize AISP to display or otherwise use the Customer Data under any patent, trademark, copyright, trade secret or other proprietary rights in and to its Customer Data in a manner consistent with the intended features of the AISP Services and these Terms, and to grant the rights and licenses set forth in Section 11.3(a), and 

(ii) the Customer Data, AISP's or any AISP Licensee's use of such Customer Data in accordance with these Terms, and AISP's or any AISP Licensee's exercise of the license rights set forth in Section 11.3(a), do not and will not (a) violate, violate or misappropriate any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights or other intellectual property or proprietary rights; (b) violate any applicable law or regulation anywhere in the world; or (c) require a license from or payment of any fees and/or royalties by AISP to any third party for the performance of any AISP Services that Customer has elected to be performed by AISP or for the exercise of any rights granted in these Terms, unless Customer and AISP otherwise agree.

◦ If Customer or User provides AISP with any comments, bug reports, feedback, or modifications to the AISP Services ("Feedback"), AISP will have the right to use such Feedback in its sole discretion, including, without limitation, incorporating such suggested changes into the AISP Services. Customer or User (as applicable) hereby grants AISP a perpetual, irrevocable, non-exclusive, royalty-free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and exploit the Feedback for any purpose.

13. Third Party Sites, Products and Services

◦ The AISP Services may contain links to other websites or services ("Linked Sites") solely as a convenience to Customers. Unless expressly and expressly stated otherwise, AISP does not endorse any such Linked Sites or the information, materials, products or services contained on or available through the Linked Sites. Further, AISP makes no warranties, express or implied, with respect to the information, materials, products or services contained in or available through the Linked Sites. ACCESS TO AND USE OF LINKED SITES, INCLUDING INFORMATION, MATERIALS, PRODUCTS AND SERVICES ON OR AVAILABLE THROUGH LINKED SITES, IS ENTIRELY AT YOUR OWN RISK. Any content identified as Community Provided is provided by third parties and is not developed or maintained by AISP. By using any Community Contributed Code or Libraries in software development, you acknowledge and agree that AISP is not responsible for any performance or damage caused by such Community Contributed Code or Library.

14. Disclaimers; No warranty

◦ UNLESS AISP EXPRESSLY PROVIDES OTHERWISE, THE AISP SERVICES, AISP MATERIALS, AND ANY CONTENT, SERVICES OR FUNCTIONS MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE AISP SERVICES ARE PROVIDED ON AN "AS IS" AND "AS IS" BASIS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AISP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY AND RELIABILITY. UNLESS AISP EXPRESSLY PROVIDES OTHERWISE, AISP AND ITS AFFILIATES DO NOT WARRANT THAT THE AISP SERVICES AND ANY CONTENT, CUSTOMER DATA, SERVICES OR FEATURES MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE AISP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AISP SERVICES AND ANY CONTENT, CUSTOMER DATA, SERVICES OR FUNCTIONS MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE AISP SERVICES THROUGH THE SERVER THAT MAKES THEM AVAILABLE, THEY ARE FREE FROM VIRUSES OR OTHER HARMFUL AISP. UNLESS AISP EXPRESSLY PROVIDES OTHERWISE, AISP AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, AISP SERVICES, AISP MATERIALS OR ANY RELATED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Compensation

◦ You agree to defend, indemnify and hold harmless AISP and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, losses, damages, liabilities, including attorneys' fees, arising from your use or misuse of the AISP Services, AISP Materials, representations made to AISP, its affiliates and/or third parties, breach of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties and obligations. AISP reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AISP, and you agree to cooperate with such defense of these claims.

16. Limitation of Liability

◦ No liability: AISP is not liable to the Client or User for any consequences resulting from:

▪ any changes to these Terms, the calculations and rates of the Fees, the AISP Services, the AISP Materials or any part or element thereof (including, without limitation, your Account), including any errors, permanent or temporary interruptions, discontinuance, suspension or other unavailability of the AISP Services or the AISP Materials;

▪ deletion, corruption or failure to store any Customer Data;

▪ use of Customer Data by Customer or any User associated with the Account;

▪ any disclosure, loss or unauthorized use of Customer's or any authorized User's login credentials due to Customer's failure to keep them confidential;

▪ the Customer's use of the AISP Account or Services using browsers other than those accepted or supported by AISP and using a program other than AITracker;

▪ AISP taking any remedies against Customer or authorized Users, for example if Customer or User has committed a crime or violated applicable law by using the AISP Services or any part or element thereof;

▪ differences between technologies and platforms used for access, for example, if certain features, functions, parts or elements of the AISP Services are intended for use on a personal computer or laptop and do not work on a mobile or tablet platform;

▪ AISP applies the remedies described in these Terms, even if the reasonable basis or legal basis for applying those remedies is later found to be unfounded or invalid.

◦ Furthermore, AISP and its affiliates shall not be liable to the Customer for any claims by the User, person, organization or third party against the Customer arising from the Customer's failure to fulfill the following obligations

▪ provide AISP with accurate information about the Customer, Users or Account;

▪ notify AISP of any reasons why the User is not entitled to use the Account on behalf of the Client;

▪ fails to deliver any Products that it has agreed to deliver to such person or Organization (whether such failure is due to AISP's negligence, breach of these Terms or otherwise);

▪ ensure the legality of Customer Data;

▪ obtain the necessary rights to use the Customer Data; or

▪ comply with any restrictions described in these Terms.

◦ Limitation of Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AISP AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT FOR THE AISP SERVICES INVOLVED IN THE BASIS OF LIABILITY DURING SIX MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY. THE ABOVE LIMITATION WILL APPLY REGARDLESS OF WHETHER THE ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION "PAYMENT" ABOVE.

◦ Exclusion of consequential and related damages. IN NO EVENT SHALL EITHER OF THE PARTY OR ITS AFFILIATES BE LIABLE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR ANY LOST PROFITS, REVENUE, GOODWILL OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, COVERAGE, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER THE ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY SUCH DAMAGES OCCUR OR IF A PARTY'S OR ITS AFFILIATES' REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE ABOVE DISCLAIMER DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

17. Termination of these Terms

◦ For convenience. These Terms may be terminated for convenience upon written notice to the other party as set forth in the "Notice" section below:

▪ by AISP after deciding to terminate the provision of AISP Services and close the Platform; or

▪ immediately by either party in the event of initiating liquidation or bankruptcy proceedings of the other party or concluding a negotiated settlement with the other party's creditors or making an assignment on behalf of the other party for the benefit of the creditors.

◦ In case of failure to comply with the conditions. These Terms may be terminated for breach upon written notice to the other party as set forth in the "Notice" section below:

▪ by either party in the event of a breach of these Terms by the other party, if the breach has not been remedied within 30 days of receipt of notice from the party that has not breached the Terms; or

▪ immediately by either party if the other party breaches its obligations, as applicable, in accordance with paragraphs 12 [Intellectual Property Rights] and 15 [Indemnification] of these Terms.

▪ Effect of termination. Upon termination of these Terms,

◦ AISP deactivates and permanently deletes the Account within six months from the date of entry into force of the termination of these Regulations. If the Customer has expressly requested earlier deletion of the Account, AISP will comply with such request within 1 month of its receipt

◦ The customer must:

▪ stop using and prevent further use of the AISP Services, including, but not limited to, the Platform;

▪ pay any amounts due to AISP under these Terms; and

▪ fulfillment of all obligations incurred by the Customer under these Regulations before their termination; and

◦ The following provisions will survive termination of these Terms: Sections 1, 7.4, 10, 11, 12, 14, 15, 16, 18 and 19.

◦ If AISP terminates these Terms as a result of an unremedied breach by Customer or User, AISP is entitled to apply the same or similar measures to other persons who use the AISP Services in violation of these Terms. Notwithstanding the foregoing, AISP may also pursue any other remedies available under applicable law. Following any remediation, Customer or User may lose Access to or suffer loss of certain features, functions, portions or elements of the AISP Services.

◦ If AISP has reasonable grounds to believe that the Customer's or User's use of the AISP Services, including the Account, may harm third parties, AISP has the right to take appropriate measures under its control to prevent, stop and eliminate the harm, as far as possible, in order to protect those third parties.

18. Who are you concluding the contract with?

◦ AISP with which the Client concludes an AISP agreement:

▪ Name: AISP sp. z o. o.

▪ E-mail: kontakt@aisp.pl

▪ postal address: ul. Stanisława Konarskiego 18C, 44-100 Gliwice, Poland

◦ Governing Law and Jurisdiction. The parties will attempt to amicably resolve any dispute arising from these Terms or relating to the AISP Services.

◦ These Terms and the rules, policies and guidelines incorporated herein shall be governed by and construed in accordance with Polish law. If an amicable resolution of the dispute is not possible, the dispute will be resolved by a common court having jurisdiction over the seat of AISP in Gliwice, unless mandatory provisions of law provide otherwise.

◦ We each agree that we will bring any Disputes against the other in our individual capacity and not as a plaintiff or class member in any purported class, representative or association proceeding. We further each agree that disputes will be resolved only on an individual basis and not in a class, consolidated or representative action.

◦ If any part of this provision is held to be unenforceable, then the remainder of this provision will remain in full force and effect and will be construed and enforced as if the portion held to be unenforceable were not contained herein.

◦ Use of the AISP Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

◦ Nothing in these Terms and Conditions limits the party's right to apply to the competent authority or to demand security for a claim or protection of intellectual property rights under the terms provided for by applicable law.

19. General provisions

◦ Relationships of the Parties. The parties will act solely as independent contractors. These Terms will not be construed to create an agency, partnership, joint venture, fiduciary duty or any other form of legal relationship between Customer and AISP, and Customer will not represent to the contrary, whether expressly, by implication, ostensible or otherwise. These Terms and Conditions are not intended for use by third parties.

◦ If any term or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, such provision will be enforced to the maximum extent permissible to give effect to the intent of the parties. This will not affect the validity and enforceability of any remaining terms, provisions or parts thereof.

◦ Entire contract. These Terms constitute the entire agreement between Customer and AISP regarding Customer's use of the AISP Services and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, relating to their subject matter. Except as otherwise provided in these Terms, no modification, change or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom such modification, change or waiver is to be asserted.

◦ Customer may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without the prior written consent of AISP. Any attempted assignment, transfer or delegation without such prior written consent will be null and void and unenforceable. Notwithstanding the foregoing, Customer or its permitted subsequent assigns or assigns may assign or transfer these Terms or delegate any rights or obligations under these Terms without consent: (1) to any entity controlled by or under common control with Customer or its permitted subsequent assigns or assigns; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change in control or ownership of Customer or its permitted successors or assigns.

◦ No waiver. The failure of either Party to exercise or enforce any provision or any of its rights under these Terms will not be deemed a waiver of future enforcement of that or any other provision or right.

◦ Except as otherwise provided in these Terms, all notices under these Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after posting, or (c), except notices of termination or claims for damages ("Legal Notices"), which will be clearly identifiable as Legal Notices, on the date sent by email. Billing notifications will be directed to the appropriate contact person designated by you. All other notices will be directed to the appropriate system administrator of the Services designated by you.

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AISP

AISP sp. z o. o. · ul. Stanisława Konarskiego 18C, 44-100 Gliwice · kontakt@aisp.pl · +48 888 651 334 · Support: support@aisp.pl

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