GENERAL TERMS AND CONDITIONS
INTRODUCTION
The IMPRION is, a platform exclusively owned and operated by the Service Provider available under the app.imprion.eu domain.
The IMPRION is such an automated analytical software, which, within the framework of the available services, provides the Users with the opportunity to obtain information by analyzing the Users' social media interfaces, collecting statistics on them, preparing reports and analyses, through which the Users obtain information about their interfaces, the analysis data of the interfaces and can manage the important, efficient and significant flow of information and service provision for them.
These general terms and conditions define the conditions for using the website available under the app.imprion.eu domain, as well as for using the services available to Users through this website.
The purpose of the information on the Website, as well as the design of the Services and their use by the Users, is to facilitate the activities of the Users. However, the use of the Services does not mean that the User will be able to fulfill all the agreed or prescribed goals and contractual obligations.
Interpretative provisions
IMPRION: is an online platform accessible through the app.imprion.eu website, which provides Users with cloud-based services included in these GTC.
Weboldal: the app.imprion.eu website, is where the IMPRION services are available.
User: the person that uses the services of IMPRION according to the contract between IMPRION and the User.
User Contact Person: in the case of Users, the legal entity is a designated natural person. The Service Provider is in contact with and maintains contact exclusively with this person acting on behalf of the User during the contractual relationship.
Designated Person(s): natural person(s) designated by the User Contact Person, who may have different authorization levels when using IMPRION.
Service: The services available on IMPRION are understood as the services covered by the contract or subscription between the User and the Service Provider in the legal relationship between the Parties.
Parties: the Service Provider and the User together
GTC.: these general terms and conditions
Service Provider: The following service provider, which operates IMPRION. (Company name: Imprion Zártkörűen Működő Részvénytársaság, company registration number: Cg.01-10-142256, regisrty court: Fővárosi Törvényszék Cégbíróság, headquarters: 1136 Budapest, Hegedűs Gyula utca 24., tax number: 32221387-2-41, email address: info@imprion.eu, phone number: +36302509455)
GENERAL PROVISIONS
Users who have a contractual relationship with the Service Provider regarding the use of this platform are entitled to access IMPRION and use the Service.
On IMPRION, the Service Provider provides the service specified in these GTC, as well as the provision of additional services, such as those available to the User. The Services available to the User are subject to registration and subscription. Within the framework of the available services, IMPRION provides the Users with the opportunity to obtain information by analyzing the Users' social media interfaces, collecting statistics on them, preparing reports and analyses, through which the Users obtain information about their interfaces, the analysis data of the interfaces and can manage them more effectively. the important, efficient and significant flow of information and service provision for them.
The provision of the General Terms and Conditions -in the absence of a different agreement between the Parties- govern the Service, the rights and obligations of the User and the Service Provider, as well as other conditions for using the service.
Non-exhaustively relevant legislation with regard tot he General Terms and Conditions:
CVII. of 2001 Act on certain issues of electronic commercial services and services relatied to the information society;
CXII. of 2011 Act - on the right to information self-determination and freedom of information;
V. of 2013 Act – on the Civil Code
Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC
2. ESTABLISHMENT AND TERMINATION OF A CONTRACT RELATING TO RECEIVING THE SERVICE BETWEEN THE PARTIES
2.1. In order to use the Service, it is necessary for the User and the Service Provider to enter into a contract regarding the use of the Services of IMPRION. It is only possible to register on IMPRION with the e-mail address used by the given User. For registration the following information is required: last name, first name, e-mail address, password, username in the case of a legal entity.
2.2. The contract for the use of the Service and IMPRION shall enter into force when, in addition to filling out the Contract data sheet, the registered User, by accepting the provisions of the General Terms and Conditions and the Data Protection Information, agrees to enter into the contract, optionally select additional service(s) to the basic service, and the associated subscription and the fee will be paid to the Service Provider. In the case of legal entities, when filling out the Contract data sheet it is necessary to define a User Contact natural person The Service Provider is only in contact with the User Contact Person and maintain contact with hime during the contractual relationship. Following all these factors, the User will have the ability to use the chosen Service(s).
2.3. The User undertakes to immediately notify the Service Provider by of any changes in their data via e-mail.
2.5. The contract between the Service Provider and the User is concluded for an undefinite period of time, comes about in both Hungarian and English languages, with the fact that, in case of doubt, the Hungarian language is the normative one.
2.6. The Service Provider provides the Services globally
2.7. In terms of the legal relationship between the Parties, the normative law is Hungarian law, these Terms and Conditions, or in the absence of its provisions, the provisions of the Hungarian Civil Code are normative, and the Hungarian courts have jurisdiction to settle any disputes.
2.8. The User accepts that the resulting Service contract is considered a contract concluded in writing. The Service Provider stores the Service Agreement in electronic form, the User can access it on the Service Provider's website -after logging in-, and can read it, save it, and print it out.
The Service Provider sends a confirmation to the User electronically to the e-mail address provided during the User's registration about the creation of the Service contract and access subject to payment, which confirmation can be read, saved and printed by the User.
2.9. Both the User and the Service Provider may terminate the Service Agreement in writing at any time with a notice period of 1 (one) month by the end of the month, with a statement addressed tot he other party by e-mail. Based on the termination, the Service Agreement is terminated at the end of the relevant period or month. It is not possible to terminate the contract during the winter with normal notice.
2.10. With the temrination of the Service Agreement, the Service Provider deletes the User from IMPRION. With the termination of the contract, the Service Provider will no longer provide the Service or the availability of IMPRION to the deleted user. User data will also be removed from the system after deletion. However, this does not affect the preservation of data and documents related to the performance of Services that are still in progress and to be handled based on legal obligations, so it does not result in the immediate deletion of the latter data.
2.11. In the event of unlawful use of the Website in the judgment of the Service Provider, the Service Provider may terminate the contract(s) with the User with immediate effect, in particular, but not exclusively, in the following cases:
if, in the opinion of the Service Provider, the User
violates the business interests of the Service Provider;
violates the GTC;
violates the business interests of those in a business relationship with the Service Provider
2.12. The User Contact specified on the Contract data sheet may designate natural persons who are authorized to act on behalf of the User -with different authorization levels- by specifying the name and e-mail addresses of these persons (Designated Person(s)). The User Contact Person can specify the Designated person(s) in an e-mail addressed to the Service Provider, or withdraw their authorization. Designated Person(s) may have 3 different levels of eligibility as follows:
(1) viewer: is entitled to access IMPRION, i.e. the viewer can access the content provided by the Service Provider if he has access according to the General Terms and Conditions, but is not entitled to manage IMPRION.
(2) editor: Designated person(s) who are also authorized to manage IMPRION,
(3) owner: It is also possible to designate several owner-level persons.
The User or the User Contact cannot grant or withdraw authorization from the Designated Person(s) specified by the User Contact. In relation to the Designated Person(s), only the Service Provider can grant, modify and terminate authorization in IMPRION. Only the User Contact Person is responsible for authorizing, defining, granting, modifying and revoking the Designated Person(s), the Service Provider only assigns, grants/withdraws the rights for the Designated Person(s), the Service Provider is therefore only an executive, is not responsible in any way or form with respect to the Designated Person(s).
3. THE REGISTRATION OF THE USER
3.1. In order to use the Service, the User must register with an email address.
3.2. The Service Provider is entitled to delete obviously incorrect or false registrations, or to reject applications containing such data, and in case of doubt, it is entitled to verify the authenticity of the User's data.
3.3. The User is solely responsible for keeping the User's access data (especially the password) confidential. If the person concerned becomes aware that an unauthorized third party has gained access to his password, he must immediately change his password, and if it can be assumed that the third party is abusing the password in any way, he must immediately notify the Service Provider.
3.4. The User undertakes to update the personal data provided for registration as necessary in order to ensure that they are timely, complete and in accordance with reality. The Service Provider cannot verify the identity of the user currently using or registering an account. For this reason the Service Provider cannot reassure that the person’s real identity matches with the account. If the Service Provider is unable to reach the User due to incorrect or outdated data, and the unavailability is his or a third party's responsibility (e.g.: outdated address, mailbox ignored, etc.), the resulting disadvantages burden the User. The User is responsible for the protection of his account and assures the Service Provider that he will do everything possible to prevent abuse. Users are obliged to keep account information (e.g. password) confidential and protect it from third parties. In case of abuse, the User's behavior can also be blamed. Users are obliged to inform the Service Provider immediately if there is reason to suspect that a third party has become aware of the access data and/or is abusing a user account.
3.5. The User is solely responsible for the punctuality, accuracy, and veracity of the data provided for registration. The Service Provider excludes any kind of responsibility that arises from the incorrectness, typos, incorrect or false nature of the data provided on the Website or in connection with the provision of untrue data.
3.6. Any data incorrectly entered on the Website or data that has otherwise lost its relevance, as well as the password, can be changed on the User's own interface after logging in.
3.7. In the event of unlawful use of the Website in the opinion of the Service Provider, the Service Provider may terminate the contract with the User with immediate effect and delete the User.
3.8. Registration by the User requires that:
- the User must define a password or, in case of gmail registration, he can log in with the gmail password,
- fill out the Contract data sheet and
- accepts the General Terms and Conditions and the Data Protection Information.
After that, the User can access IMPRION with the e-mail address and password previously given by the User. In case of forgetting the password, the Service Provider will send a password reminder to the e-mail address provided, upon request.
3.9. In order to use the service, in is also necessary that
- the User and the Service Provider must also enter into a written contract regarding the use of the relevant Service
- the User must also pay the first monthly fee for the subscription of the basic service and the optional additional service(s) chosen by the User
4. THE SERVICES
4.1. The Service Provider can provide the Service ensured by IMPRION and available to Users as follows:
1.) Basic service:
The basic contract includes the connecting of a social media asset - in the case of Facebook, one page for a maximum of 5 added users. In this package, upon connection, the Service Provider loads the software with the data of the last 3 months. The basic contract package includes all the data analysis services of the Imprion software, in addition to the tagging option for social media asset posts.
Additional services:
2.) Connecting further social media assets
In addition to the basic contract package, it is possible to connect additional social media assets - pages in the case of Facebook - for an additional fee per page.
3.) Enable e-mail notifications
The software offers the possibility to send notifications based on the values indicated by the system, the extra cost of this is determined per page.
4.2. In the event that the User consents to the Service Provider listing the User as a partner in its advertisements, promotions, etc., the User becomes entitled to free e-mail notification according to 3.) above during the contract period in addition to the basic service 1 social media asset -Facebook page– for the use of additional services.
4.3. The price list for the Service fee is attached to these GTC.
4.4. The contract is for an idefinite period.
4.5The User can legally terminate the contract in writing by e-mail at any time within 1 (one) month's notice before the end of the month. In this case, the monthly fee for the end of the given month will be invoiced to the User.
4.6. The User is obliged to pay a fee corresponding to the basic service or the additional service of his choice in advance each month, and upon crediting the amount, he will be entitled to access the chosen content.
In addition to the basic service, the User can request additional services to be switched on and off at any time.
4.7. The fee is paid by recurring bank card payment. Recurring bank card payment (hereinafter: „Recurring payment”) is a function that means that with the bank card data provided by the User during the registration transaction, new payments can be initiated in the future without re-entering the bank card data.
In order to use the Recurring payment, the Service Provider agrees by accepting these Terms and Conditions that subsequent payments initiated on this website after successful registration, if access to paid content is selected, are initiated by the Service Provider by re-entering the bank card details and without the consent of the User per transaction.
Bank card data is handled in accordance with card company rules. Neither the Service Provider, nor Wunderbytes Kft. as a data processor has an access to bank card data.
In the case of this payment method, the User’s bank account is automatically debited every month with the amount corresponding tot he chosen content. The User has the right to withdraw his consent at any time without giving reasons, in which case the automatic debiting of his bank account will be terminated immediately.
In specific cases, after prior consultation, the fee for using the software can be settled by bank transfer.
4.8. The Service Provider may suspend the performance of the monthly fee-based Services after an additional period of 5 (five) days announced in an e-mail notice, if the User - e.g. due to changed bank card data or any other reason - you failed to pay the service fee, or a specified part thereof, by the deadline. The period of suspention is a maximum of 30 days from the expiration date of the current account. If the service fee is paid, the Service Provider will reactivate the User's access to the Services. If the settlement of the monthly fee does not take place for a maximum of 30 days after the invoice payment deadline, the contract for monthly fee-based Services will be automatically terminated by the Service Provider. The User is also obliged to pay the monthly fee for the affected service or additional service for the period during the suspension.
4.9. The monthly fee as a service fee is the same as the fee for the given services (basic service and possible additional service(s).
4.10. The monthly fee is paid in advance for the relevant period (from the first day of the month to the last day of the month, i.e. for the entire month) in advance as described above. If the User has paid the monthly fee, the Service Provider will send the invoice to the User in the form of an electronic invoice.
4.11. The User accepts the fee specified in the price list by filling out and accepting the Contract data sheet. It is also possible to define an individually agreed price ont he Contract data sheet.
The Service Provider has the right to unilaterally modify the price list by notifying the User of the planned modification at least 60 days before its entry into force. In case the User does not wish to accept the planned motification, he must notify the Service Provider befor the modification enters into force. This provision of the User also means the termination of the Agreement, with the date of termination being the last day of the month of entry into force.
If the fee is increased, the Service Provider will notify the User at least 60 days before the fee increase at the e-mail address indicated as the contact e-mail on the Website. If the User does not cancel the contract properly, at the latest by the time when the increase becomes due, then the increased service fees apply.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Service Provider ensures that the User can use the basic service or any additional service(s) selected by the User based on the General Terms and Conditions during the duration of the contract. The User is entitled to use the basic service or the additional service(s) of his choice during the duration of the contract.
5.2. The Service Provider does not assume any responsibility for the User's illegal actions.
5.3. The user is obliged to refrain from any illegal activity related to the subject of this contract, as well as from violating official regulations and contractual clauses.
5.4. If any activity related to the use of the Service is not permitted according to the law of the User's country, the User is solely responsible for the use.
5.5. The User acknowledges that by terminating or suspending the Service, the User will not be able to access the Services provided tot he User during the time of the suspension, and therefore the Service Provider shall not have any liability or obligation to compensate the User.
5.6. The Services Provider is entitled to suspend the operation of the Website in order to maintain the Service or the Website, or to perform other necessary tasks, without prior notice to the User.
5.7. The Service Provider does not guarantee that the Services used by the User fully satisfy the User's needs.
5.8. The Service Provider is not responsible for the occurrence of any force majeure, the possible stoppage or interruption of the services of the social media interfaces API or the cloud provider, or hacker attacks.
5.9. IMPRION does not take any responsibility for the disruption of the API connection. IMPRION offers APIs that allow users to directly access and control our software using third-party software, provided that the functionality of the APIs is in accordance with the availability requirements of these terms and conditions to the extent that their functionality is controlled by IMPRION. IMPRION cannot guarantee the lack of accessibility or compatibility of interfaces, provided that the deficiencies are related to third-party software or software modifications over which IMPRION has no control. The same restrictions apply if the user connects third party software and IMPRION with the corresponding interfaces.
6. RESPONSIBILITY
6.1 The Service Provider takes all reasonable and expected measures for the safe operation of the platform, however, in addition, it does not make any express or implied warranty or guarantee for the security of the website, its freedom from computer viruses, spyware and other harmful programs, timeliness, accuracy, and for its uninterrupted operation. The use of the Service presupposes the User's knowledge of the technical and technical limitations of the Internet and the acceptance of the error possibilities associated with the technology.
Consequently, the Service Provider is not responsible for any damage that occurs due to the connection to the Website or from any hardware or software error of the User's computer, as a result of the interruption of the Internet connection or other operating errors or attacks on the page of the User or the Designated Person. The User is responsible for protecting the User's and Designated Person's computer, as well as the data and vulnerabilities contained therein.
6.2. The Service Provider is not responsible for the accuracy, correctness, timeliness or content of the materials uploaded by the User on the Website, as well as for the fact that the materials on the Website are constantly updated and contain current information. The Service Provider is not responsible for the availibility of expired or removed content or materials on the Website.
6.3. The User may use the Website and use the Services at his own risk. The Service Provider's guides and function descriptions for the use of the Website do not constitute a guarantee that the User uses the Website correctly, so the Service Provider cannot be held responsible for the resulting consequences.
6.4. The purpose of the information on the Website, as well as the design of the Services and their use by the Users, is to promote the activities of the Users. However, the use of the Services does not mean that the User can fulfill his legal, regulatory or contractual obligations. Therefore, the User may not refer to IMPRION or any other Service in such a way as to fulfill the legal, regulatory and contractual conditions applicable to the User. Furthermore, the Service Provider does not guarantee that the User will be able to fulfill any set goals or undertaken obligations by using the Website.
6.5. The Service Provider does not assume responsibility for any indirect or direct damage (for example, but not exclusively listed, thus not excluding other possibilities: loss of data, loss of business profit, interruption of business activity, other financial losses) resulting from the use of the Website or possible inhibited operation.
The Service Provider's liability is limited to the provisions of this contract, and based on this, the amount of possible compensation may not exceed the amount of the fee paid by the User.
6.6. Neither the Service Provider, nor its employees, nor its agents shall be liable for any losses, damages, or costs (including, without limitation, any lost profits, indirect, incidental, or consequential losses) that may arise from the use of the Services. The User uses the Services solely at his own risk and accepts that the Service Provider shall not be liable for material or non-material damages arising from the use of the Services, for breaches of contract caused intentionally, through gross negligence or criminal acts, as well as damage to life, limb, or health, or in addition to liability for damages.
6.7. The Website can contain such connecting points (links), which leads to the pages of other service providers. The Service Provider assumes no responsibility for the data protection practices and other activities of these service providers.
6.8. The Service Provider is not responsible for losses, data loss or any other resulting damage attributable to the failure of the Website.
6.9. The User is not entitled to uninterrupted access to IMPRION and acknowledges that it is technically impossible to achieve 100% availability. The Service Provider strives to keep the platforms in operation without interruptions. However, maintenance, security and capacity work, as well as events beyond the control of the Service Provider (e.g. power outages, power outages, overloaded hubs) may lead to temporary problems and unavailability of services.
A fault claim cannot be asserted in the event of an insignificant deviation from the agreed or assumed quality of the service, or in the case of minor damage to the usability of the services in accordance with the purpose of the contract. The Service Provider expressly disclaims all guarantees and liability for the following:
incorrect user data provided by the user during registration, or other data published, uploaded or otherwise provided by the user on the IMPRION platform;
the uninterrupted availability of IMPRION, or possible outages, interruptions or malfunctions of IMPRION's services related to the system or network, if these are outside the Service Provider's sphere of influence; especially not for errors resulting from force majeure events or failure of communication networks and/or gateways;
minor errors and disturbances in IMPRION's services that do not impede the purpose of the contract.
6.10. IMPRION allows to collect data from several third-party data sources and services, including various third-party websites (collectively, “Third Party Services”). The Third Party Services from which data may be collected is selected by IMPRION at its sole discretion, and IMPRION may change the Third Party Services compatible with the Service during the Term. In addition, IMPRION may terminate compatible Third Party Services if the respective providers of the Third Party Services terminate the applicable services or cease to make such services available to IMPRION. If User creates custom connection software to access third party services of your choice (“Custom Connection Services”), access to such custom connection services is solely the User's responsibility. The Service Provider has the right to interrupt the User's use of the services if the User violates the terms of these GTC or the laws.
The Service Provider does not assume any responsibility for data or other content collected from Third Party services, such as Facebook, Google Analytics and Google Ads or individual connection services. It is the sole responsibility of the User to ensure that they are authorized to use the Service to collect and process such data through the use of the Service and to obtain any consents and authorizations that may be required from time to time in relation to such data or other content. and their processing using the Service. The Service Provider is not responsible for such third-party services, custom connection services or software, and the User is solely responsible for obtaining any necessary licenses or consents for their use. He must familiarize himself with the applicable terms and conditions, including restrictions on use, of such third-party services and individual connection services and agree to be bound by the third-party terms and conditions applicable to such third-party services in the Individual connection services in addition to the terms of the Agreement.
In addition, the Service may contain links to third party websites and content as a service to those interested in such information. The Service Provider does not monitor, support, accept, or exercise any control over the websites or content of third parties. The Service Provider is not responsible for updating or revising such websites or third-party content, and does not guarantee their accuracy or completeness. In addition, if the User follows a link or otherwise exits the Service, please note that these terms no longer apply. User should review the applicable terms and policies, including privacy and data collection practices, for each website, third-party content or service provider to which you navigate from the Service. The User can access and use content from third parties at his own risk.
7. Data protection
The Service Provider treats the personal data in its possession confidentially and uses them exclusively as described in the Data Management Information on the Website. During data management, the Service Provider takes into account the data protection legislation in force at all times. The Service Provider's detailed data protection information - forming an annex to these GTC - is available on the Website. The parties state that the Service Agreement and the data and information that came to the attention of the parties in the course of it are classified as business secrets.
8. COPYRIGHT AND KNOW-HOW
The Website is under copyright protection. The Service Provider is the owner of the copyright or the authorized user of all content displayed on the Website, any author's work or other intellectual creation (including, among others, all graphics and other materials, the layout and editing of the Website's interface, the used software and other solutions, ideas, implementation ).
Registration, use of the Website, and no provisions of the General Terms and Conditions grant the User the right to use or exploit any protected content on the Website.
In addition to the display associated with the intended use of the Website, the necessary temporary duplication and the making of copies for private purposes, these intellectual works may not be used or exploited in any other form without the prior written permission of the Service Provider.
9. CUSTOMER SERVICE, COMPLAINT HANDLING
The User shall send the arising complaint to the Service Provider in the form of an e-mail to the e-mail address info@imprion.eu. The service provider will investigate the complaint and respond in writing within 30 days.
10. OTHER PROVISIONS
10.1. Based on the contract between the Service Provider and the User, the compensation to be paid for the Services used by the User, as well as the other benefits defined in the contract, have been established with regard to the limitation of liability contained in Chapter 6.
10.2. The Service Provider is entitled to unilaterally modify the terms of these Terms and Conditions at any time. The Service Provider shall notify the User - in the absence of a different provision of the General Terms and Conditions - by means of publication on the Website, at least 8 days before the amendment takes effect.
10.3. The Service Provider reserves the right to make any changes or corrections to the Website at any time, without prior warning. The Service Provider also reserves the right to move the Website under a different domain name.
10.4. By using the Service, the User expressly consents to the storage of all data provided by the Service Provider for the period specified in these Terms and Conditions.
10.5. According to the General Terms and Conditions and disputed issues related to the Services, according to the General Terms and Conditions II. and III. The District Court, depending on the value limit, the Capital Court has exclusive jurisdiction.
Date of entry into force of these General Terms and Conditions: April 1, 2023.