Terms

Automater is owned and operated by Sensato OÜ with its registered office in Tallinn, Sepapaja 6, 11415 Tallinn, Estonia, registration number: 16536292, VAT number: EE102519994.

1. Definitions:

1. User - an entity registered in the Automater system. The user can be only an entrepreneur according to the relevant provisions of generally applicable law.

2. Administrator - the owner and administrator of Automater.

3. Fees - the fees incurred by the user for using the services available in the Automater system, which are listed on Automater's website under the "Pricing" tab.

4. Interested Party - a person interested in using Automater's services.

5. Registration - entering the interested party's data in the registration form in order to start using Automater's services and accepting the terms of use which can be found on Automater's website under the "Register" tab.

6. User Customer - a person purchasing a service or goods offered by the User.

7. Credits - virtual coins into which top-ups are exchanged.

8. "Create your own shop " service - a paid service provided by the Automater system, which consists of the possibility to use system templates to start and run an online store by the User.

2. Registration

1. In order to use Automater's services, the interested party is required to register on Automater's website. After successful registration the interested party becomes a User of the Automater system.

2. When registering, the interested party is obliged to provide true data and accept the regulations of using the Automater system.

3. The Administrator declares that the data provided during registration will be covered by confidentiality, and third parties will not have access to them.

4. The User's password will be encrypted with one-way encryption algorithms and its text version will not be stored on the server or made available to third parties.

5. The Administrator reserves the right to refuse to provide services to a User who provided false or untruthful data.

6. The Administrator is obligated to inform Users in a generally accessible place about each interruption in Automater's services in advance. In urgent cases the Administrator reserves the right to interrupt the operation of the services without proper information and explanation.

7. Contact with the User will be carried out by e-mail at the e-mail address provided during registration.

3. Protection of personal data

1. The data controller is Sensato OÜ with its registered office in Tallinn, Sepapaja 6 11415 Tallinn, Estonia, registration number: 16536292, VAT number: EE102519994.

2. The User consents to the processing of his personal data for the purposes of the services provided electronically by the Administrator, in particular to create and maintain an account in the Automater system by means of a declaration on the Site.

3. The Administrator shall be entitled to process the User's personal data in order to implement the provisions of these Terms and Conditions, with particular security requirements. The data shall be used for the purpose of implementing the Agreement.

4. The processing of Users' data for purposes other than those for which they were collected is permissible if it is carried out for legally justified purposes and does not violate the rights and freedoms of the data subject.

5. Users' personal data may be made available to entities entitled to receive them under applicable law.

6. Personal data of Users will not be transferred to a third country, except at the request of entities entitled to receive them under the applicable law, including the competent judicial authorities within the limits of the applicable law.

7. You have the right to access your data and the right to rectify, erase, restrict processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.

8. The User has the right to lodge a complaint to the supervisory authority if he/she considers that the processing of personal data concerning him/her violates the provisions of the General Data Protection Regulation.

9. Pursuant to the General Data Protection Regulation, every person has the right to control the processing of personal data concerning him or her. At the request of the data subject, the controller shall be obliged to inform the data subject in writing, within 30 days, about the rights vested in him or her and to provide information on his or her personal data. The aforementioned right shall be granted to the person concerned not more frequently than once every 6 months.

10. Any correspondence in matters relating to the processing of personal data should be addressed to Sensato OÜ, Sepapaja 6, 11415 Tallinn, Estonia or via the contact form located on the Administrator's website in the Contact section.

4. Monitoring of listings

1. Automater system allows to monitor online auctions on Allegro and eBay as well as other portals explicitly indicated by the Administrator in order to send codes or files in an automated mode. Such service makes it possible to automate sales of the User's services and products, which significantly improves the speed of provision of the User's services. The Administrator may decide to join other auction portals besides Allegro.

2. In the course of Automater's services, the User agrees to monitor his/her linked accounts from auction sites, including:

a. getting the current list of Buyers,

b. collecting a list of payments from Buyers,

c. listing of auctions,

d. sending reminders and refund forms to Buyers,

e. issue comments for contractors, download the list of currently listed auctions on the user's Allegro account,

3. Monitoring of a user's auction on Allegro, eBay, as well as others explicitly designated by the Administrator, means that Automater collects from it:

a. list of Buyers,

b. list of payments,

c. data necessary for performance of the contract,

However, the Administrator undertakes not to make the aforementioned data available to unauthorized entities.

4. After the purchase is paid or even before it is paid on Allegro, eBay or other websites explicitly indicated by the Administrator, by the User's Customer (depending on the selected option), the Automater system:

a. will send the purchased codes or files within a maximum of three minutes if the number of credits in your account is greater than zero,

b. will send the purchased codes or files within a maximum of three hours if the User has no available credits in his/her account.

5. In the event that your purchase payment is not immediately credited, the system will check the balance for fourteen days from the date of purchase until it is credited.

6. If the auction is terminated and the User has chosen the option of its automatic resuming, it will be resumed according to the defined settings.

7 If the User's Customer does not pay for the purchase within 7 (seven) days and the User has activated the module of reminding the User's Customer of the unpaid transaction, a reminder will be sent automatically.

8. if the User's customer does not pay for the purchase within 14 (fourteen) days and the User has activated the commission refund module for unpaid transaction via Allegro.pl website, such form will be automatically sent.

9 The Automater system shall also make its services available through the Automater store. Selling the merchandise offered by the User through the Automater merchandise sales system facilitates and speeds up turnover and allows for sales automation. This program is not an intermediary in sales. The User is responsible for any shortages of the goods, defects, irregularities and failure to fulfill the purchase contract of the goods. The Automater system is not the owner of the products displayed by the User as part of the Automater store service and shall not be held responsible for any shortages or defects in the goods, as well as for their quality.

10. When purchasing goods using the Automater Store and the services of payment intermediaries:

a. You permit Automater to process the data received from the selected payment intermediary in the automatic post-payment notification to the extent permitted by applicable law, as well as in accordance with data protection regulations.

b. The User declares that he/she will not use the data sent by the payment intermediary in an unlawful manner or for purposes unrelated to the use of the Automater System services.

11. When making a payment for a purchased good or service, the User's Customer transfers the funds to the account indicated by the User. The Automater System is not an intermediary in money transactions and shall not be held responsible for the actions or omissions of the entities through which the funds were transferred or ordered to be transferred to the User. Any complaints or remarks related to this should be addressed directly to the entity through which the funds were transferred or ordered to be transferred, or to the User.

12. When adding auctions to dispatch codes, the user gives their permission to add an entry to this auction with information about sales support through the Automater system.

13. Automater enables the User to access the history of sent codes.

14. The User is obliged not to use the System and to prevent its use in order to violate or circumvent the law as well as the Terms of Use. The Administrator reserves the right to block the auction and the Automater service in case the User violates the obligation described above.

15. Auction monitoring ceases to be active within 48 hours after the auction ends.

16. User's clients for a given auction will be served by the Automater only if they purchase goods on the auction after activation of the monitoring.

5. "Create your own shop" service

1. The Automater system, using the templates available on the Automater website, allows you to create an online store for the User.

2. In order to create an online shop using the Automater system, the user must use the templates provided on the Automater website and follow the instructions displayed during the process of creating an online shop.

3. The creation of an online shop via Automater by the User shall not be subject to any additional fee upon its launch. Running of online shop is free.

4. The system administrator has the right to refuse the User the possibility to use the service "create your own shop" or to terminate the service with immediate effect in case of violation of the provisions of these Regulations or the applicable law.

5. In case of failure to settle the obligations arising from the service "create your own shop" by the User, the Administrator has the right to suspend the service, until the payment of arrears.

6. Fees

1. The services available in Automater are subject to fees. The current price list for the services is made available on Automater's website under the "Pricing" tab. By using the Automater system the User agrees to bear the costs according to the current price list. The Administrator declares that they will not charge the User without their knowledge.

2. For 1 (one) code message sent for a transaction from Allegro, eBay or Erli the system will debit 1 (one) credit from the user's account.

3. For 1 (one) code message sent for a transaction from online store, API or store plugin, the system will debit 2 (two) credits from the user's account.

4. Automater payments are handled by Stripe, Inc. Complaints, if any, in the event of delays in recharging your account should be addressed to the payment intermediary Stripe, Inc. Transaction data, including personal data, may be transferred to Stripe, Inc. to the extent necessary to process payment for your order.

5. The user can top up his account with credits after logging in to the panel and going to the Subscription tab.

6. The prices listed on the website are gross amounts. On the relevant payment page VAT will be added to the total amount according to the applicable rates.

7. If the user wants to receive a VAT invoice for the top-up he/she has to mark this option before starting the payment process.

8. The choice of payment method is carried out on the Stripe website, i.e. stripe.com, after selecting the number of credits the User wishes to purchase. Payment for credits is possible by a quick online transfer, credit card or through the BLIK system.

9. the cost of credits is variable and their current price can be checked in the User's Panel or in the "Price List" tab on Automater's website.

10. Top-ups are booked automatically, but in extreme cases the waiting time may be extended to 24 hours.

7. Filing and processing of complaints

1. Complaints about the functioning of the Automater system can be submitted electronically via the contact form located in the "Contact" tab, as well as via the complaint system, whose address was indicated in the message containing the code, or by mail to the Administrator's registered office address.

2. The complaint should include at least the User's data, description of the reported objections and a request for the manner of recognition of the complaint.

3. In justified cases, the Administrator may ask the User to supplement the complaint.

4. The Administrator shall consider a complaint within 30 days (in particular if it concerns a consumer) from the date of its receipt and shall respond in electronic or written form. In case consideration of the complaint requires cooperation of the Administrator with other entities participating in the provision of services, this term may be extended by the time necessary to obtain relevant information from these entities, but it cannot exceed 60 days.

5. If the Administrator does not respond to the contents of the complaint within the time limit specified in paragraph 4 above, the complaint shall be deemed justified.

8. Closure of account

1. Closure of the account maintained for the User will be possible after prior contact via e-mail at [email protected] and will not involve any charges.

9. Contact

1. Contact with the Administrator is possible via e-mail at [email protected] or via the "Contact" tab on Automater's website.

10. Infringement of Terms of Use and Administrator's liability

1. In case of violation of the provisions of these Regulations or the applicable law by the User, the Administrator reserves the right to refuse or withhold the provision of services to the User.

2. The User is responsible for providing false data, as well as for any actions that are contrary to the law or the provisions of the Regulations. The 3. Administrator shall not be liable for any damage incurred by the User as a result:

a. Acts or omissions of entities for which the Administrator is not responsible,

b. occurrence of force majeure events,

4. The administrator is not responsible for the content of auctions in which the Automater system is used.

5. The Administrator is not responsible for the type and scope of services provided by the User which use the Automater system, including their compliance with applicable law.

6. In case of violation of the law by the User, the Administrator reserves the right to report the violations to the appropriate authorities.

11. Amendments to the Rules of Procedure

1. The Administrator reserves the right to make changes and updates to these Terms of Use, as well as to replace them with new Terms of Use. Users will be informed of all changes made to these Terms of Use by sending an e-mail to the e-mail address provided by the User upon registering in the Automater system. Changes to the Terms of Use become effective at the time specified by the Administrator, but not earlier than 14 days after the User is sent the notification with information about the changes.

2. If the User does not accept the changes to the Terms of Use, he/she has the right to refuse to accept the provisions of the new Terms of Use. In such a case, the User will no longer be able to use the Automater system.

3. A change of the Administrator's data does not constitute a change to the Terms of Use. The Administrator will inform about the change of his/her data on Automater's website.

4. Any agreements concluded on the basis of the Terms of Use shall be governed by Estonian law. The competent court for any disputes arising from these Terms of Use shall be the common court having jurisdiction over the Administrator's registered office.