REGULATIONS

Article 1
Definitions

1. The terms used in these Terms and Conditions shall be understood as:
   1. Data Administrator / Service Provider – SWM Smart Web Minds Limited (TIN: IE 4011641OH) based at Dublin 2 (D02 P593), Ground Floor 71 Lower Baggot Street, Ireland.
   2. Terms and Conditions – this document;
   3. Website - https://www.3dbinpacking.com/en/
   4. Service / 3D Bin Packing™ - the Service is provided via the Website and API by the Service Provider on behalf of Users in accordance with the legal requirements defined in these Terms and Conditions;
   5. Agreement – any agreement for providing services concluded between the User and the Service Provider under the terms of these Terms and Conditions;
   6. User – a natural person with full legal capacity running their own business, a legal person, an organizational unit with no legal personality who according to the law is able to conclude an agreement to be provided with digital services by the Service Provider;
   7. User Application – the unit installed by the User on their server that allows them to send and receive requests between the User’s and Service Provider’s servers. The way of configuring the User Application is described in the documentation available on the website: https://www.3dbinpacking.com/en/api-doc;
   8. Registration Form – the form filled out by the user on the Website in order to register an account to access the Service;
   9. API – the digital method, with strict rules and descriptions, through which there is communication between the User Application and the Service. A User can download their unique API key through their Account;
   10. Username – the unique User identifier;
   11. Password – a unique series of digits that meets technical requirements imposed by the Service Provider, selected by the User, in order to authorize access and security of the Account against access by unauthorized persons;
   12. Account – a collection of resources and settings for the User stored in the database of the Service Provider. The User can access their Account by entering the correct Username and Password on the Website;
   13. Account Activation – the act that executes the Agreement between the Service Provider and the User, from the moment of clicking the activation link sent by the Service Provider to the User’s E-mail Address;
   14. Software – the script owned by Service Provider, provided to the User via API, in order to optimize the method of packing;
   15. Newsletter – an electronic newsletter sent out by the Service Provider to Users who have agreed to receive it;
   16. Privacy Policy – the document that specifies the methods of data processing on the Website. Privacy Policy is attached in the form of Appendix 1 to these Terms and Conditions;
   17. Pricing – price list for the providing Services that is an integral part of the Agreement. The Price list is attached in the form of Appendix 3 to these Regulations;
   18. Settlement Period – the period of one calendar month, it is the basis for the settlement of User’s obligations with respect to the Service Provider. The period is counted from the 1st to the last day of the month;
   19. Subscriber Fee – it is the fee for using the Service in accordance to selected User’s Package, calculated down-front of each Settlement Period;
   20. Package – the form of providing Services selected by the User;
   21. SLA the document that sets out the obligation of the Service Provider in terms of guaranteed level of performance of the Service which is an integral part of the Agreement. The SLA is attached in the form of Appendix 3 to these Regulations;
   22. REST - architectural style for distributed hypermedia systems;
   23. External Payment Gateway – the external service, which is independent to the service provider, through which payment is made for Service;
   24. Force Majeure – an event of an accidental or natural (spontaneous) character, on which the Service Provider has no influence (eg. fire, explosion, power failure, earthquake, flood, cloudburst, riots, military or civil actions, war, terrorism acts, including cyber-terrorism, actions and/or omissions from the telecommunication networks providers side, other fortuitous events);
   25. Cookies – small pieces of information sent by a www server and saved on the User’s computer;
   26. E-mail Address – address of electronic post (valid e-mail address).

Article 2
General Provisions

1. The condition for providing Service is to read and accept the provisions of these Terms and Conditions.
2. 3D Bin Packing™ is provided exclusively on behalf of the business entities.
3. The governing time zone for due dates and deadlines for the Service is UTC+1:00.
4. These Terms and Conditions have been in force since the 13th of February 2016.

Article 3
The range and type of the Service

1. The service is firstly a simulator and simultaneously an optimizer for the packing of packages.
2. We are aware of the fact that it is important to maximize the use of the packing area and how difficult it is to write an algorithm that helps to solve this problem. Our Software allows the simulation and optimization of packaging.
3. Operational speed of the Service enables the presentation of results in real-time and graphics are generated that present the method of packaging objects with parameters specified by User.
4. A detailed description of the 3D Bin Packing™ functionality is located at: https://3dbinpacking.com.
5. The provided Service is payable and continuous by nature.
6. After logging into the Service we are able to verify the integration of 3D Bin Packing™ with a User Application with the help of test packaging configuration.

Article 4
Technical Requirements

1. In order to make the packing simulation, it is necessary to send a properly prepared request to the Service Provider’s server via API. In response, the User receives a properly formatted response (documentation is available on the website: https://www.3dbinpacking.com/en/api-doc).
2. For proper operation of the Service, it is required to use a device connected to the Internet with a User Application that has a code implementation to enable communication with the server of the Service Provider. The implementation of this code is the responsibility of the User.
3. Support and technical assistance are provided by the Service Provider via e-mail: support@3dbinpacking.com and/or through the contact form located on the Website: https://3dbinpacking.com/en/contact.
4. All the detailed principles of technical assistance are defined in the SLA.

Article 5
Conclusion of the Agreement

1. The User is required to register with the Website in order to conclude the Agreement. It is the User’s responsibility to fill out the Registration Form and accept the Terms and Conditions. Entering an incorrect E-mail Address precludes effective completion of the registration process.
2. The User is obliged, in the course of registration, to provide their true personal data and business data, that are consistent with facts and legal status (in the event of subsequent changes to the data, the User is required to immediately update them in their Account).
3. The conclusion of Agreement occurs on activation through Account Activation by Service Provider and a notice is sent to the User at the e-mail address that was given in the Registration Form.
4. The Agreement is concluded for an unspecified period.

Article 6
Package

1. The selection of a subscription plan by the User determines the Pricing of the Service provided by the Service Provider.
2. Only a User that is logged in on the Website can choose their Package.
3. A detailed list of packages is located in the Price List.
4. Package selection is binding for the Service Provider and for the User.
5. The package selected by the User is renewed periodically with the beginning of a new Settlement Period.
6. Unused resources in the Package do not pass to the next Settlement Period.
7. The user can change Subscription Plans during the term of the Agreement and change payment methods.

Article 7
Fees

1. During the term of the Agreement, the User makes payments with the use of one of External Payment Gateways that they choose:
   1. ingle payments are provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. (”PayPal”). The rules of using single payments and rules of processing them defines the document you can find at the following URL address: https://www.paypal.com/pl/webapps/mpp/ua/servicedescription-full?locale.x=pl_PL ,
   2. single and automatic credit card payments are provided by PSP POLAND Public Limited Company. Their rules for payments and processing are defined in a separate regulation, available at: http://espagobill.com .
2. If paying for a subscription plan with the use of automatic credit card payments, card data must be input according to the requirements of the External Payment Gateway (the Service Provider does not process this data). A User's card is charged automatically based on invoices, until the User switches off this option in their Account.
3. Payments for the Service are calculated in the form of the Subscription Fee, for the User’s chosen Package. If the User exceeds the limit of the Package chosen by the User, the Service Provider automatically charges an additional fee.
4. The fee is determined in the Price List.
5. All fees are charged in accordance with the Package chosen for that Settlement Period and presented in a invoice.
6. The Service Provider sends a invoice to the User electronically at the end of the Settlement Period.
7. In case of a Package change, which is mentioned in Art. 6 no. 6 of the Terms and Conditions, the existing Package is replaced with the newly chosen Package. The subsequent invoice is calculated with reference to the newly chosen Subscription Fee.
8. The User has the right to suspend their account on the Service free of charge and for an unspecified period. In that case, the Service is provided until the end of the current Settlement Period. With the end of the Settlement Period, the User’s API ceases to be active and further continuation of providing the Service is suspended. The User can re-start using the Services at any time.
9. A User whose account has been blocked, is obliged to pay a fee under the terms of Art. 9 points. 1c of these Terms and Conditions, under pain of lawsuit against them for the damage caused;
10. In the event of termination of the Agreement, the Service Provider issues a invoice taking into account the Subscription Fee for the last Settlement Period, and if the user has exceeded the Package limit, it also charges the additional fee for those services.

Article 8
Rights and obligations of the User

1. User has the right to:
   1. manage their Account (to edit data they provided, to suspend and restore their Account, and to download the generated API key);
   2. submit ideas for implementation of new functionality to the Service. The Service Provider is open to any ideas for the expansion of the 3D Bin Packing&trade Service and encourages communication via the contact form on the Website: https://www.3dbinpacking.com/en/contact;
   3. direct queries to technical assistance;
   4. obtain information from the Service Provider at least 6 months in advance about the planned sale of the Service to the third person or other assignment of rights, and to obtain information 6 months in advance from the Service Provider in case of planned liquidation;
   5. the guarantee that the prices in the price list will remain unchanged for the term of 1 year, counting from the day that the Service is sold or there is an assignment of rights by the Service Provider;
   6. the guarantee of dissolution of the Agreement by the Service Provider, according to Art. 12 No. 2 of these Terms and Conditions;
   7. request a non-exclusive licence for the Software to be installed on the User’s server, solely in case of announcing bankruptcy or liquidation by the Service Provider;
   8. terminate the Agreement at any time.
2. The User agrees to:
   1. use the data / the business data to which User has the full right to use them;
   2. check before Account Activation whether the User meets the technical requirements set out in Art. 4 of these Terms and Conditions;
   3. make timely payments owing for use of the Service;
   4. pay statutory interest due on demand of the Service Provider in the case referred to in Art. 9 point 1c;
   5. not to use 3D Bin Packing™ in such a way as to disrupt both the work of Service and Service Provider;
   6. use the Service according to its intended purpose;
   7. initiate the complaint procedure in the event that the Service Provider provides the Service improperly or does not provide it to the User.
3. The rights and duties of the User cannot be transferred to other entities and/or individuals without the knowledge and consent of the Service Provider. That means that the User cannot transfer/sell/dispose of their Account to any other entity. The Service Provider is the sole entity authorized to establish any new User Accounts and provide them to each User of the Service.

Article 9
The rights and obligations of the Service Provider

1. The Service Provider has the right to:
   1. inform Users via electronic means about new functionalities of 3D Bin Packing™;
   2. use technical interruptions in the operation of the Service or the Software for its maintenance, modification, and modernization under the terms defined in the SLA;
   3. block Users’ Accounts due to unsettled fees for using the Service. The Service Provider must inform the User about all outstanding invoices through electronic means within 7 days of the start of a new Settlement Period. Within 7 days from the date of receiving the notice, the User Account will be blocked. The Service Provider will issue a invoice that takes into account the Subscription Fee for the full Settlement Period, and if the User has exceeded the Package limit, there is also charged the additional fee;
   4. the accrual of interests in the case where the User’s delays payments, starting from the day following the due date for the invoice for that Settlement Period;
   5. block the User's Account, in the absence of receiving clarification when the User:
      • violates and/or has violated the law and/or these Terms and Conditions;
      • takes and / or took actions that threaten the security of the Service;
      • acts and/or has acted to the detriment of the Service Provider and/or other Users (e.g. as a result of using other people's data or transferring the account to a third party). The provisions of Art. 9 p. 1c shall respectively apply. The Service Provider will issue a final Invoice that takes into account the Subscription Fee for the full Settlement Period, including any unsettled arrears
   6. terminate the Agreement in accordance with Art. 12 of the Terms and Conditions.
2. The Service Provider obliges itself to:
   1. make every effort to ensure the proper provision of Services in a permanent and uninterrupted way, as referred to in the SLA.
   2. inform the User, at least 6 months in advance, about the planned sale of Service to the third person or other assignment of rights, and to inform the User 6 months in advance, in case of planned liquidation;
   3. guarantee that the prices in the Price List will remain unchanged for the term of 1 year dated from the day of the sale of Service or any other assignment of rights by the Service Provider to a third person;
   4. guarantee to dissolve the Agreement, according to Art. 12 No. 2 of the Terms and Conditions;
   5. start negotiations to obtain a non-exclusive licence for the Software installed on a User’s server, in case of announcing bankruptcy or liquidation by the Service Provider.

Article 10
Responsibility

1. The User is fully responsible for their actions related with the use of the Account.
2. The Service Provider makes every effort to protect the Website and the Service they provide before the occurrence of any side effects. The Service Provider recommends users:
   1. use software that secures the device connected to the Internet and that protects the identity of people using the Internet;
   2. avoids the use of the Service and the Website using public internet access network (eg. public WiFi) and random equipment;
   avoiding storing Username and Password information in web browsers;
   3. not use the same word for their Username and Password;
   4. set a Password other than the obvious phrases such as "admin"; "Qwerty", "name of the company1" etc.
3. In case when logging into the account, User notices changes which has not previously been informed by the Service Provider, for example, changing of the interface, unheard messages and icons, the Service Provider recommends that User may discontinue the use of the account and contact technical assistance.
4. The Service Provider shall not be responsible for:
   1. incorrectly entered data by the User at the registration stage;
   2. a User’s lack of access to the Internet or limitations on its availability;
   3. limitations of User’s software, or equipment malfunctions, to the method through which the User accesses the Website or the Service;
   4. damages or profits that have been lost by the user, which were caused as a result of disclosure of the Password to the User’s Account, by their fault;
   5. damages and profits that have been lost by the user, which were caused by acts or omissions of theirs, in particular through the incorrect configuration of the User Application;
   6. damages and profits that have been lost by the User, after the Service Provider has blocked the account because of violations to the law or the provisions of these Terms and Conditions;
   7. damages and profits that have been lost by the User, which were caused by the action and/or omissions of third parties not bound with the terms of the Agreement, and which were not dependant on the Service Provider;
   8. damages and profits that have been lost by the User, which were caused as a result of Force Majeure;
   9. processing the payment data, including the personal data referring to using External Payment Gateway by the User;
   10. damages and profits that have been lost by the User as a result of the transfer of personal details to authorized entities on the basis of the relevant law provisions for the purpose of their processing.
5. The Service Provider has no influence on how the User manages their Account, and does not modify the data entered by the User.
6. The Service Provider is responsible for the faults of theirs and profits that have been lost, resulting from the failure and/or improper executing of the Agreement to the amount enlisted in the Subscription Fee in the month of fault. After noting the damage, the User is obliged to make a complaint. The absence of the claim or making it after the deadline for complaints in Article 11, forfeits the User’s right to make claims in any form in the future.
7. In the Website there may be links directing to websites belonging to and managed by third parties. The Service Provider is not responsible for the availability and the quality of these websites.

Article 11
Complaints

1. Complaints should be submitted within 30 days from the date of noticing the issue (eg. malfunction operation of the Service). They should be submitted electronically via the contact form on the Website: https://www.3dbinpacking.com/en/contact. The notification shall indicate:
   1. Login details;
   2. Where possible, an accurate description of the issue (including the time and place of occurrence);
   3. Where possible, instructions or suggestions on how to resolve the complaint;
   4. If the complaint relates to an invoice, please let us know the invoice number.
2. The Service Provider will address a complaint within 30 days of receiving it.
3. The date of the complaint will be the date it is received by the Service Provider.
4. Making a complaint does not affect the Settlement Period nor does it affect access to the Service. In the event that the Service was not available for a period of more than 24 hours due to the Service Provider, the Subscription Fee for the period will be adjusted.

Article 12
Termination of the Agreement

1. The Agreement can be terminated by the User at any time, with the termination finalized at the end of the Settlement Period.
2. The Agreement can be terminated by the Service Provider in the case of overdue payments or breaching the provisions of the Terms and Conditions by the User. The Agreement can be terminated at the end of the Settlement Period (overdue payments) or immediately (breaching the Terms and Conditions). In case of the immediate termination of the Agreement, the User’s Account is deleted and the User is obliged to pay for the whole Settlement Period, including the latest one that has been started by the User.
3. The User should log on into the Website in order to terminate the Agreement through their Account and choose the option to remove their Account. The Service Provider will send an E-mail informing the User to confirm their request to delete the account by clicking a link in the E-mail. When the link is clicked, Agreement is terminated.
4. The Service Provider terminates the Agreement by sending appropriate information including the reasons for termination to the User's e-mail.
5. The termination of the Agreement is tantamount to discontinuing providing Service and deleting User’s Account after the Settlement Period is ended, subject to paragraph 2 hereinbefore.

Article 13
Personal Data Protection

1. Data Administrator ensures the security of personal data provided by all Users. These data are protected and secured against the access of unauthorized persons. Access to the Account is encrypted.
2. The service of payments takes place outside the Service. The personal data and/or credit card data needed to make payments in Service, are saved in the IT system managed by the External Payment Gateway.
3. User’s personal data are processed in accordance with the Privacy Policy.

Article 14
Intellectual Property Rights

1. All rights for Software and Service belong to the Service Provider. The Service Provider enables Users to use 3D Bin Packing™ via API and through the Website.
2. It is not permissible to use the Website and Services in a way that violates the rights of the Service Provider. In case of noticing any violations, the Service Provider shall take appropriate legal steps directed against the infringer.
3. 3D Bin Packing™ is the name of one of the products the Service Provider offers. Both the website: https://www.3dbinpacking.com/en/ and the logo shown on the Website operate in trading and are used by the Service Provider without time and space limitations.
4. It is forbidden to distribute any parts of the Service, especially the logo of 3D Bin Packing™ without the written consent of the Service Provider.

Article 15
Final Provisions

1. The Service Provider provides the content of Terms and Conditions through the Website: https://www.3dbinpacking.com/en/regulations. A copy of the Terms and Conditions can also be produced at the request of a person when they have problems displaying or reading them on the Website. To do this, please contact support support@3dbinpacking.com.
2. The Service Provider reserves the right to make changes to the Terms and Conditions. Every document includes the date from which its provisions apply.
3. Users will be notified about every significant change in the Agreement, at least 14 days before they come into force. The Service Provider will send the relevant message to the User’s e-mail.
4. In the situation referred to above, the User has the right to terminate the Agreement at the time that the new Rules are entered into force. The lack of making notification of a desired termination of the Agreement or lack of its termination shall be deemed as consent to the provisions of the Agreement, on terms consistent with the new Regulations.
5. Every new document of these Terms and Conditions shall be effective with the beginning of a new Settlement Period.
6. The change of the range and/or kind of Service, which is not supposed to breach the Terms and Conditions, does not constitute a substantive amendment to the conditions of the Agreement.
7. For issues not regulated in these Terms and Conditions, the relevant provisions of Polish law are in force.
8. In the event of change and / or cancellation due to a final court judgment of any of the provisions of these Terms and Conditions, the remaining provisions shall remain in power.
9. The Service Provider declares its willingness to resolve any disputes in a conciliatory way.
10. Any disputes between the Service Provider and Users shall be settled by the court competent for the seat of the Service Provider.
11. The Appendices to these Regulations are an integral part of the Agreement.

Appendix no 1: Privacy Policy

Appendix no 2: The SLA

Appendix no 3: Pricing