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Terms of Use

About Us:

 

The owner of this website is CUSTOMER SATISFACTION AI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in 50-071 Wrocław, at Pl. Wolności 7B/2, entered into the register of entrepreneurs by the District Court for Wrocław – Fabryczna, VI Commercial Division of the National Court Register under the number (KRS): 0000838542, Tax Identification Number (NIP): 8982257318, Business Identification Number (REGON): 385951719, share capital: PLN 10000.

 

You may contact us in the following ways:

by phone: +48 572 971 973

via e-mail: [email protected] 

or via Tidio livechat available on the website. 

 

We also invite you to visit our profiles in social networks:

https://www.facebook.com/ratingcaptain

https://www.youtube.com/channel/UCu-WQbFIEki3rCK-KReHPAA

https://www.instagram.com/ratingcaptain/

https://www.linkedin.com/company/rating-captain

 

 

Scope of matters regulated by the Rules and Regulations:

 

The following Regulations set out the rules for creating an account on www.ratingcaptain.com, www.google.ratingcaptain.com and for the provision of our services:

  • verification of actions taken by clients while ordering services or purchasing goods on your sales services; 
  • surveying your customers satisfaction with the goods or services they have ordered by sending out invitations to give feedback or complete surveys;
  • analyzing and recommending changes to descriptions of goods or services or the sales process, or the after-sales process; 

(hereinafter referred to as the “Services”).

 

Use of some of the Services requires the addition of widgets provided by us to your sales website. 

 

These Rules and Regulations do not contain the pricing or payment terms for the Services we offer. This information is available in the Price List.

 

The principles of personal data protection are regulated in the Privacy Policy.

 

You may download the Rules and Regulations in PDF format by clicking here. To open a PDF file, you will need the free Adobe Reader (available at www.adobe.pl) or a similar program that can open PDF files. You may also download or print the Rules and Regulations using the normal functions of your web browser.

 

 

Account Registration:

 

Use of the Services provided by us requires registration of an account on the website. Registration is free of charge and requires providing the data contained in the form. You can also create an account via Facebook integration. Account registration requires acceptance of these Rules and Regulations as well as Privacy Policy.

 

Please note that our Services are not intended for consumers (a consumer is defined as a natural person making a legal transaction with an entrepreneur which is not directly related to his business or professional activity).

 

You are obliged to provide true data and to update it. Updates can be made in the account panel. 

 

You cannot transfer the rights to your account to anyone else and you cannot allow anyone else to use it. You should protect the security of your account and its password, do not provide anyone with the password to the service. 

 

If you are acting on behalf of an organization, legal entity or other entity, you should be authorized to use our service and to act on their behalf.

 

After creating an account, you will gain access to a package of free services provided by the website. Their scope and duration can be found in the Price List. You may order additional paid Services at any time. They will be made available after their payment. 

 

Before ordering our paid Services, you will be asked to indicate the name and registration details of the company you represent. Additionally, you will be asked to agree to receive electronic invoices. Your consent is obligatory in this case. We do not anticipate providing invoices in any other form.

 

 

Company Business Profile: 

 

Once you have created an account on the website, we will create a business profile for your company. After providing us with your website address, we will create a business profile for your company on our site. The business profile will contain your company logo and the color scheme used by your company. By creating an account you agree to such actions. Your business profile will not be placed permanently on the site, it will be removed if you delete your account on our website.

 

 

Displaying reviews on the website vs. the Omnibus directive

 

A consumer, after an order is fulfilled, receives an invitation to provide feedback, which can then be displayed in a Rating Captain widget.

 

As an app user, you have the ability to display reviews according to the Omnibus Directive. 

 

The widgets on your website display all reviews, both positive and negative, which are confirmed by a transaction. The average rating is also calculated based on all reviews collected by Rating Captain. The reviews displayed in the widgets are verified.

 

Therefore, it is not possible for a person who has not made a transaction to give a review and display such a review on your website. In this way, we ensure compliance with the Omnibus Directive.

 

 

Reporting reviews by Consumers

 

Consumers have the ability to report reviews displayed in widgets on Rating Captain's Customers pages. 

 

Dear Consumer, if you have doubts about the authenticity of any review, you can report it by sending an email to: [email protected]

 

 

Ordering Services: 

 

When you order a Service, we will inform you of: 

  1. features (functionality) of the Service you have selected; 
  2. all payments related to a particular Service, including payment dates and methods; 
  3. duration of the Service (contract term) and the cancellation policy for our Services; 
  4. terms of termination or withdrawal from the Service.

 

As soon as you order a Service (by clicking on the “Order” button), you will receive an e-mail from us indicating the Services ordered, payment information and a pro-forma invoice. Provision of the Services shall commence upon payment of the pro-forma invoice. If you do not make the payment within 14 days of placing the order, your order will expire.

 

We have provided for the following payment methods on the Service: PayPal, Prompt Payment or payment by credit or debit card.

 

If you choose credit or debit card as your payment method, we will automatically charge your card. You may choose to provide for your credit card or bank account to be automatically charged for all fees due in accepted (usually monthly) billing periods. In this case, the charge for each subsequent billing period will be charged automatically until you opt out of this billing method. You may cancel this billing method in your account panel by un-clicking your credit or debit card. You may also choose one-time payments as a billing method.

 

 

Duration of Service and Fees:

 

Our Services are provided for the specific period of time indicated when you order them.

 

If you have not paid for the Service in advance, you are obliged to pay the fees in accordance with the Price List and on the dates indicated when ordering the Service. The Price List is an integral part of the agreement between us and any changes to the Price List shall not apply to the period for which you have paid in advance. The day of payment shall be the day of crediting our bank account indicated on the issued invoice.

 

We reserve the right to provide discounts on Services to selected customers, and to hold promotional events whereby we will provide selected customers with the opportunity to use additional (unpaid by them) Services from time to time. 

 

Before the end of the billing period for which you ordered the Service, you will receive a notice regarding the possibility of extending the Service for another period, along with payment details. The extension of Service is effective upon your acceptance of the terms proposed by us and payment of the fee. Please note that only timely payment guarantees that the Service will be continued.

 

If you fail to make a payment for a subsequent period, our agreement will terminate at the end of the term for which it was entered into and our provision of the Service will cease on that date. 

 

The above provisions do not apply to one-time Services. You will always be informed about the nature of Service when you order it. Your use of our One-Time Services may be subject to your purchase of a package of Services (such as a Power account). 

 

 

Technical and Hardware Requirements to Use the Services:

 

Use of our Services requires that you have: 

  1. device with access to the Internet with a cookie-capable web browser installed; 
  2. active e-mail account.

 

Please note that we are not able to verify whether you meet these requirements when you create an account or order Services. Such verification shall be at your own discretion.

 

We will make every effort to ensure that the provision of our Services remains uninterrupted and continuous. However, we reserve the right to make interruptions in the functioning of our website resulting from failures and technical errors. We shall endeavor to limit, as far as possible, the negative effects of such interruptions in the functioning of the website.

 

We also reserve the right to interrupt the provision of Services for maintenance purposes. However, such interruptions will not last longer than 24 hours at a time. Whenever an interruption is planned for more than 24h hours, we will provide this information via e-mail.

 

 

Your Obligations:

 

When using the Services, you are obligated to: 

  1. use them in a manner consistent with the Rules and Regulations as well as in a manner that does not violate the law or the rights of third parties, including provisions on the protection of personal data, copyrights, intellectual property rights, personal rights, company secrets as well as principles of social coexistence and public order and established customs;
  2. not to transmit through the Services any unsolicited commercial communications, spam or unwanted and harmful software; 
  3. not to provide content and materials that are harmful, promote or incite violence, sexual violence, any kind of abuse, torture, hatred, including racial and ethnic hatred, as well as pornographic content and any content generally considered harmful from the point of view of the principles of social coexistence; threatening public order, health, human life, violating public security or privacy; aimed at the promotion and persuasion to trade in illegal articles;
  4. not take actions that may expose us to liability to third parties.

 

In case you commit a breach of the obligations set out in sections 1-4 above, we will have the right to block the Service provided to you. If we receive an official notice indicating that you have breached the obligations described in sections 1-4 above, we will notify you immediately.

 

Prior to any planned blocking of the Service, we will request that you cease the breach you have committed and provide a reasonable period of no less than 3 days to refrain from the harmful activity. In addition, we may ask you to provide an explanation. 

 

If you do not cease your conduct within the time periods specified by us as set forth above, or if you refuse to provide an explanation, we may block the Service until you cease your conduct.

 

The period of time during which the Service is blocked may last for a maximum of 1 month. After that period, your access to the Service shall be restored or, if the infringement is not remedied, we shall be entitled to terminate the Service without notice.

 

 

Special Regulations for the Survey Mailing Service:

 

By using the Service of mailing surveys to your clients, you declare that you are the controller of personal data within the meaning of the applicable Polish laws and that you comply with all requirements provided for by Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27 2016 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 (General Data Protection Regulation, GDPR). 

 

In addition, you represent and warrant that you are authorized to process your clients’ personal data in the scope of sending them the surveys prepared on our website (i.e. that there is an appropriate basis for processing this data in your case). 

 

The survey mailing service involves entrusting us with the processing of personal data of clients surveyed by you for the purpose of sending an invitation to provide feedback on a service or product. 

 

The content of the data processing entrustment agreement binding us in relation to the aforementioned Service forms an integral part of the Privacy Policy.

 

 

Our Obligations:

 

We shall provide our Services with the due diligence required for professionals. We ensure that they are provided to the best of our knowledge in this regard. We also make every effort to protect the data you provide and undertake not to disclose it to third parties.

 

Our liability to you is limited to the amount of compensation charged by us for the Service. We also exclude our liability for lost profits. 

 

We are not responsible for how you use our Services (including the tools provided). 

 

The exclusion of our liability does not apply to cases of mandatory statutory liability.

 

We shall use reasonable endeavors to maintain the continuity of Services but shall not be liable for any unavailability of the Service due to technical disruptions, extensions, force majeure or acts or omissions of third parties.

 

 

Refund Guarantee: 

 

As a condition of the refund guarantee, you must integrate with Rating Captain and start sending your first e-mails within 3 working days of registering your account with the tool. If the condition is fulfilled and the user does not receive ANY feedback to the rating profile, the Service Provider will refund the paid subscription fee after 30 days (applies to Growth, Captain and Power plans). 

 

Despite the performance of services planned for the first month, in the case of the Local SEO plan - the refund takes place when no results were recorded in the Google My Business profile.

 

 

Termination of Services:

 

The Service Agreement you enter into with us is a fixed-term agreement. It may be terminated only in the cases described in the following Rules and Regulations. 

 

You may terminate the agreement for the provision of Service if we fail to maintain the standard and level of performance for the Service to the extent we declared when you placed your order. In such a case, you may terminate the agreement immediately by first requiring us to put an end to the non-compliance within 30 days. After this period has expired without success, you may terminate the agreement.

 

In case of a change in the Price List with respect to the Services provided, you have the right to terminate the Services upon notice effective as of the effective date of any change in the Price List. A notice of termination may be submitted by the effective date of such change.

 

We are entitled to terminate the Service to you immediately if: 

  1. it has become objectively impossible to continue providing the Service; 
  2. we cease or suspend the provision of such Service; 
  3. we file for bankruptcy, restructuring or reorganization proceedings or are subject to liquidation as a company;
  4. you violate the obligations set forth in “Your Obligations” and, after your account has been blocked, you fail to correct the violations within 1 month.

 

If the Service Agreement is terminated by notice:

  1. for reasons attributable to us;
  2. as a result of amendments to the Rules and Regulations

you are entitled to a refund of fees paid for the period after the termination of Service. If the Service is terminated for any other reason, you are not entitled to a refund of any fees already paid.

 

 

Complaints:

 

You may make a complaint in writing or via e-mail and send it to the address listed under “About Us.” Your complaint should must include:

  1. your details which will enable us to contact you and your login on our website;
  2. type of Service which the complaint concerns, 
  3. description of irregularities that occur and circumstances justifying the complaint; 
  4. indication of your request, i.e., information on the manner in which you expect us to resolve the complaint.

 

If your claim does not contain any of the above elements, we will ask you to complete it.

 

We will consider your complaint within 14 days of receiving it. If we ask you to provide more information in your complaint, the time limit for us to investigate will begin upon receipt of the completed complaint.

 

Once we have reviewed your complaint, you will be notified of our decision and the reasons.

 

 

Final Provisions:

 

The law governing the provision of Services is Polish law.

 

We reserve the right to amend the Rules and Regulations or introduce additional regulations which will govern the provision of particular Services. You will be informed thereof by making available the consolidated text of the Rules and Regulations on this subpage and by sending information about the amendment to the e-mail address provided by you for contact. The amendment shall become effective as of the date indicated by us, but not earlier than within 14 days from the date of sending the Rules and Regulations to your e-mail address (i.e. introducing them to the means of electronic communication in such a way as to enable you becoming acquainted with their contents).

 

If the introduced amendments modify the conditions of Services provided to you, you may terminate the provision of these Services effective as of the effective date of the amendments to the Rules and Regulations. You may submit your notice of termination until the effective date of the amendments to the Rules and Regulations.

 

 

Current version of the Rules and Regulations: V1.0. 22.04.2022

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