By subscribing to 5pillows Service the Customer accepts and agrees to use it in compliance with the Terms of Service stated below.
The 5pillows Service is provided by Emptor Labs Sp. z o.o., Polish limited liability company, with its registered office in Gdansk, 80-386 Gdansk, Leborska 3B, registered in the Gdansk North District Court, VII Commercial Division under the registration number KRS 0000493891 and with Tax Identification Number NIP 5842732924.
Whenever used in these Terms of Service, the following terms shall have the meaning defined hereinafter:
The “Emptor Labs” shall refer to the Service Provider;
The “Customer” and/or “You” shall refer to any natural person or entity that subscribes and uses the 5pillows Service available on the 5pillows.com website solely for the purpose of business activity.
If You register within the service You acknowledge and agree that You are acting as an entrepreneur and uses the Service solely for the purposes of your business activity.
The Customer is entitled to grant the access to the Service to any other natural person hereinafter referred to as the “User”. The Customer is solely responsible for Users any and all actions and omissions within the Service. The Customer as well as the Customer Users are entitled to use all of the Service functionalities as described on 5pillows.com website after receiving the access to the Service.
The “Service” as well as “5pillows” shall refer to the 5pillows Service, provided by Emptor Labs and available on the 5pillows.com website.
The “Content” shall refer to any texts, images, graphics, audio and video files uploaded by the Customer, Customer Users or otherwise available within Customer account.
By purchasing, accessing, installing or otherwise using the Service, the Customer agrees to be bound by the provisions of Terms of Service stated herein.
Emptor Labs reserves at it sole discretion the right to modify and update the provisions of the Terms of Service stated herein. The Customer agrees that their continued use of the Service after such update will constitute their acceptance to be bound by the modified Terms of Service. The most current version of the Terms of Service is available at any time at 5pillows.com website.
If the Customer does not agree with the provisions of Terms of Service stated herein, he/she should not use the Service.
- The 5pillows Service is an electronic customer relationship management Service that enables You to manage interaction with Your customers via different channels of communication.
The Service is provided on an “as is” and “as available” basis, without guarantees of any kind. The Customer expressly agrees that the use of the Service is at their sole risk.
- The Customer understands and agrees that Service Provider uses subcontractors such as hosting partners to provide necessary storage space and technical support required to run the Service. All the Content within the Service is hosted by the Service Provider subcontractors.
- VoIP telecommunication services available to You within the 5pillows Service are provided solely by AitonCaldwell SA, a Polish Stock Company with its registered office in Gdansk. Service Provider is not responsible for VoIP telecommunication service and does not take any responsibility in this scope. Service Provider enables You to enter into agreement for the telecommunication services provided by the AitonCaldwell SA. Service Provider acts on behalf of the AitonCaldwell SA and is dully authorize to conclude the agreement in the name and on behalf of the AitonCaldwell, collect any payments for the VoIP services available within the Service as well as to receive the complaint regarding VoIP services.
- The payment services available within 5pillows Service are provided solely by PayLane Sp. z o.o., a Polish Limited Liability Company with registered office in Gdansk, Arkońska 6/A3 street, 80-387 Gdansk, registered under a registration number KRS: 0000227278, an online payment service provider, according to PayLane Sp. z o. o. payment services terms and conditions. Emptor Labs is not responsible for processing any payment made by the Customer. PayLane may be entitled to process the transaction as well as personal data only in the scope necessary to provide payment services to You.
- Service is available to the Customer, as well as Customer Users only if the Service Subscription is paid and active.
- Within the Service, the Service Provider offers the Customer different 5pillows accounts; the Customer is obliged to choose one of the account types during the registration process.
- By subscribing to the chosen account type You receives only those functionalities which the Service Provider provides and which are stated on the 5pillows.com website.
- The support for the Customers is provided only via email or other ways of communication as indicated and updated from time to time at 5pillows.com website.
- The Customer acknowledges and agrees that by using the Service in free version, and/or using the Service in the first free trial period the Service can be delivered in the limited scope and some of the functionalities can be unavailable.
- The Service Provider assures that the Service will work properly on Windows Platform with the latest versions of Internet Explorer, Google Chrome and Mozilla Firefox web browsers.
Customers obligations and Prohibited Practices
- The Service is provided to the registered Customers.
- On registration to the Service, the Customer is required and agrees to:
- fill out the registration form with current, complete, and accurate data;
- maintain and promptly update provided data as current, complete and accurate as possible;
- choose password;
- keep the secrecy of the user name and password;
- choose an account type;
- subject to Free Trial period, pay all the fees in connection to the use of the Service as required according to relevant price list;
- involve into the Service only such Content that they have full rights to use, especially in the scope that content involve personal data;
- conform to the rules relating to the use of electronic means of communication and intellectual propriety and ownership rights protection in force in the country of the Customer’s residence;
- conform to the rules relating to the data protection in force in the country of the Customer’s residence;
- represent that You act as an entrepreneur and uses the Service for the purposes of conducted business;
- comply with the following Terms of Service or its amended version.
- The Customer agrees that the use of the Service is subject to all applicable laws as well as any and all applicable regulations, including the Terms of Service.
- The Customer is not allowed to involve into the Service any Content that, intentionally
or unintentionally, violates any applicable laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.
- The Customer realizes and accepts that they are solely responsible for the Content posted by the Customers, Customer’s Users as well as any other person or entity under the Customer account, the integrity and safety of the Content as well as processing the Content posted within the Service according to all applicable laws and regulations.
- The Customer realizes and accepts that they are solely responsible for all actions and omissions undertaken within the Customer account, not only by the Customer and Customer’s Users but also any other person or entity using the Customer account.
- The Customer ensures to keep the secrecy of the login details and links that provides to the Service. The Customer ensures that each login created within the Service shall be used only by one User, chosen subscriptions may entitle Client to create multiple logins within the Customer account.
- The Customer is not entitled to use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service. The Customer is not entitled to use any hardware or software to surreptitiously intercept any system, data or personal information from 5pillows.com website.
- The Customer may not take any action which imposes an unreasonable or disproportionately large load on the website network or other Emptor Labs service infrastructure.
- The Customer is not entitled to engage and storage within the Service the amount of data that exceeds the maximum storage amount available within the 5pillows Service account type chosen by the Customer. The Service Provider is entitled to charge the amount of exploitation costs, arising out uploading and storage the large load of data, upon the Customer, disable Customer’s account as well as terminate the Service. The Service Provider is entitled to suspend the Customer account in the event of significant and unexpected usage of the Service that may result in failure to the Service and performance of the Service for other Customers.
- Emptor Labs reserves, at its sole discretion, the right to refuse access to the 5pillows.com website and Service, terminate the Service, remove the Content in the event the Customer was notified to be using the Service for illegal or expressly prohibited practices, or if the Customer was found infringing the Service or any other Emptor Labs websites or services. Service Provider is entitled to immediately suspend the Customer account as well as refuse the access to the Content determined to be unlawful or in violation with any applicable laws and regulations including these Terms of Services.
- Emptor Labs reserves the right to refuse any and all, current or future, use of the Service to the Customer who intentionally or maliciously evades the obligations stated in these Terms of Service, or arising from custom and other good commercial practices in the Internet.
- Emptor Labs reserves the right to issue a warning should the Customer be found using the Service for any abusive or illegal practices. Appropriate actions, such as disabling Customer’s account, terminating the Service shall be taken immediately should the Customer appear to perform or be performing such practices, despite the explicit warning.
- Emptor Labs may offer 14 day Free Trial. If the Service Provider offers Free Trial than within the first 14 days from the initial registration to the Service no payment shall be charged.
- After a 14 day Free Trial time period the Customer shall pay for the chosen subscription to continue the use of the Service. If the Customer is not making any payment for the chosen subscription Emptor Labs is entitled to deactivate his/her account within the Service. The Customer will not be able to use the Service until the payment for the subscription.
- The Customer is obliged to pay in due time the subscription payment for the use of the Service according to the chosen payment scheme, 5pillows account type and the provisions of Terms of Service.
- The Customer is entitled to pay the subscription payment as a recurring payment, per the chosen payment scheme. The recurring payment shall be deducted automatically. The Customer is entitled to authorizes PayLane Sp. z o.o. to process the subscription payment for the chosen account type after the 14 days Free Trial time period. The recurring payment will be issued on the first day after the expiration date of the subscription. If the recurring is unsuccessful at that point, Paylane Sp. z o.o. will retry to complete the payment in the following days and, if the completion of the transaction is unsuccessful, the Service Provider will terminate the Service.
- The subscription payment includes the payment for the subscription of the chosen 5pillows account type. The Customer agrees to pay in advance for the Service. Access to the Service shall be provided to the Customer for a certain period of time, according to the chosen 5pillows account type, upon receiving the subscription payment. If the completion of the payment is unsuccessful, the Service Provider is entitled to suspend Your access to the Service and/or terminate the Service.
- After the term of subscription the Customer is obligate to pay for another subscription in order to use the Service.
- Changes to the account type indicated by the Customer during the subscription comes into force immediately but shall not result in changes to the payment scheme. Changes to the payment scheme comes into force and shall be binding at the following subscription due date. The Service Provider is not refunding any payments between subscriptions.
- The amount of the subscription payment is based on the current price list, which is presented on the 5pillows.com website. The Service Provider may offer and charge the Customer according to the rates from the initial registration.
- Use of the VoIP services is subject to additional fees and rates including telecommunications services rates.
- Emptor Labs reserves, at its sole discretion, the right to change the fees for the Service.
The actual subscription payment rates are available at 5pillows.com website. Upon a change, the new payment plan becomes valid starting from the following subscription due date.
- Where appropriate, tax on goods and services (VAT) shall be added to the payment price
in accordance with currently effective rates. Upon the receipt for each payment Emptor Labs will issue an invoice for the Service. The Customer expressly agrees to receive invoices issued by Emptor Labs by the electronic means of communication.
- The invoice shall be available and ready to download by the Customer within the Customer account.
Emptor Labs maintains no refund policy. However we are very customer-friendly, so if you think we can do something for you, send us an email!
- In the event of not receiving a payment or any other situation which causes failure to receive payment, or any chargeback imposed on Emptor Labs that relates to your payment, Emptor Labs reserves, at its sole discretion, the right to suspend Your account and/or terminate the Service immediately, without any prior notice to the Customer.
- Any and all provisions of this section “Payment” as well as other provisions of the Terms of Services regarding payments does not concerns the Freemium account. By using the Freemium account the Customer is not obligate to pay any subscription payment as indicated in price list, provided that the Customer is obligate to pay any and all operation costs for all the VoIP Services ordered directly by the Customer.
Copyright and License
- The Service as well as its portions is the property of Emptor Labs and is protected by Polish copyright laws. Nothing in this agreement constitutes license for the Customer to exploit the Service or any portion of the Service.
- The Service as well as any portions of the Service, any and all Service features and functionalities are provided by the Service Provider and may be use only within the Service and may not be independently manipulated or copied as well as used without the Service Provider consent.
- No part of the Service website may be reproduced or transmitted in any form or by any means without written permission from Emptor Labs.
- The Service Provider obtains no access to the Content posted by the Client within the Service. The Service Provider does not pre-screen and/or moderate the Service but has full rights to refuse or remove any Content from the Service.
Disclaimer of Warranties and Limitation of Liabilities
- EMPTOR LABS DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. EMPTOR LABS DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
- For breach or default by Emptor Labs of any of the provisions of these Terms of Service, Emptor Labs entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by Customer for the Service that is the subject of the claim in one month’s immediately preceding the date the Customer notifies Emptor Labs of such claim, or in the aggregate, in respect of all claims under or related to the Services provided by Emptor Labs to the Customer.
- IN NO EVENT WILL EMPTOR LABS NOR ITS AGENTS, EMPLOYEES, CONTRACTOR OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF PROJECTS, CONTENT, DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
- Emptor Labs is not responsible for any delay or failure in performance of the Service as well as any loss of data, content due to Force Majeure or other occurrences that are beyond Emptor Labs reasonable control.
- Emptor Labs is not responsible for short, temporary and accidental suspension of the service, as the result of circumstances which Emptor Labs could not foresee or suspect.
- Emptor Labs does not own or control other networks, information and systems outside of its own network, nor is Emptor Labs responsible for performance or non-performance within such networks.
- Emptor Labs exercises no control over and takes no responsibility for the integrity and confidentiality of the Content within the Service when storage by the Customer and/or passing over the Internet, especially the Service Provider takes no responsibilities for any loss or damage from Your failure to comply with security obligation arising out of this Terms of Services.
- Emptor Labs does takes no responsibility for the integrity of the Service with third party products and services and shall not be liable for any damages or losses resulting from Your use of the Service within third party products and services.
- Emptor Labs may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or software used to deliver the Service provided that this does not have a material adverse effect on the Service. The Service Provider can offer the Customer access to the Service via mobile application at it sole discretion as well as to terminate this feature at any time.
- The Customer acknowledges that the use of the Service is at Customer’s sole risk and Emptor Labs is in no way responsible for the conduct of the Customer and/or the Content within the Service.
- Emptor Labs shall not be responsible for the quality of Content provided by the Customer within the Service and received by the Customer final recipient.
Termination of the Service Agreement
- The Customer may terminate the Service at anytime with an immediate effect.
- Unless expressly or explicitly mentioned in these Terms of Service, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due according to the Payment Section of these Terms of Service. Any payment made for the Customer will not be re-calculated. The Customer shall not have any right for reimbursement of the sum paid nor any part of such sum. Emptor Labs will not perform any recalculation of the payment amounts. If the Customer terminates the Service any payments already made shall be recognized as due for the term the Customer actually enjoyed the Service and the Customer entitles the Service Provider to withhold any payments made so far.
- The Customer is solely responsible for terminating the Services as well as canceling the Customer account and Content within the Service.
- After Cancellation all of the Customer Content shall be inaccessible form the Service and within 30 days deleted from any backups and logs. Any and all Customer Content cannot be recovered after it has been deleted from the Service.
- The Service Provider is in its sole discretion entitled to suspend and/ or terminate the Service as well as to refuse any and all current or future use of the Service for any reason at any time. After termination of the Service the Service Provider shall delete your account as well as any Content in Your account within 30 days.
- Emptor Labs reserves the right to modify, add or delete any documents, information, sites or other content appearing on or in connection with the 5pillows.com website, including these Terms of Service, at any time without prior notice.
- The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
- This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The Polish Court, competent with the respect to the Service Provider residence, shall be the governing jurisdiction.