Terms of Use

§1. General provisions

  1. These Regulations shall apply to contracts for the provision of digital content by the Administrator in connection with the provision of the Software.
  2. Definicje:
    1. Administrator - Rafal Platek operating under the business name "CREAM.SOFTWARE Rafał Płatek", NIP: 6811128955, REGON: 351269894,
    2. Software - means CREAM.SOFTWARE software offered and provided directly by the Administrator for installation on a User's device.
    3. User - Consumer or Entrepreneur using the Software under the terms of the Terms of Use Agreement,
    4. App store - an external vendor that provides the Administrator's Software through its own application store platforms, e.g. Google Play, Apple Appstore, Microsoft Store,
    5. Consumer - a natural person with full legal capacity, using services provided by the Administrator by electronic means under the terms of the Regulations, to the extent not directly related to his/her business or professional activity.,
    6. Entrepreneur - a person conducting business or professional activity on his/her own behalf, using services provided by the Administrator by electronic means under the terms of the Regulations,
    7. Registration form - a form enabling the creation of an Account,
    8. Account - a set of resources in the Administrator's ICT system, marked with an individual name (login) and password assigned to a User, in which the User's data are collected, including in particular information about the ordered Services, the possession of which is necessary to use the Software,
    9. Additional Services - mean the functions made available by the Administrator to a User of the Software within a User Account,
    10. Agreement - Agreement for the provision of digital content - concluded between the Administrator and a User, on the terms and conditions specified in the Terms of Use,
    11. License - a non-exclusive license agreement under which the Administrator grants a User a License to use the Software, on the terms specified in the License. The Agreement is concluded when the Software is installed on a User's end device,
    12. Subscription - Service provided by the Administrator to a User via the Software for a fee, which allows a User to obtain a License for a period of time dedicated to a particular Subscription plan,
    13. Lifetime- a specific Subscription plan that allows a User to obtain a License for an indefinite period of time,
    14. Order - User's declaration of will, constituting an offer to conclude an Agreement with the Administrator,
    15. Terms of Use - these Terms of Use, defining the rules of use of the Software.
  3. These Regulations are made available free of charge in a form that allows a User to download, record and print them.

§2. TYPE AND SCOPE OF SERVICES

  1. By providing the Software, the Administrator provides services to a User in the form of providing a License for the use of the Software in a trial version that does not entail an obligation to pay and in paid versions that can be used under the Subscription or Lifetime plan.
  2. The Administrator provides a trial version of the License, which a User may use for free for the period specified in the Software offer, and the paid version, which enables the use of the Software under the purchased Subscription or Lifetime plan.
  3. In order to use the Software or Additional Services, it is necessary to create an Account.
  4. Within the Account, a User has the ability to:
    1. purchase a Subscription or a Lifetime license for the Software provided by the Administrator,,
    2. manage the License, in particular, may extend the purchased Subscription,
    3. view and manage devices assigned to the Software.
    4. use additional services offered as part of the Account.
    5. update User's data

Any questions about problems running the Software or problems logging into the Account should be directed to the Administrator's email address [email protected]

§3. CREATE AN ACCOUNT

  1. Account registration is a prerequisite for using the Administrator's Software or Additional Services.
  2. After installing the Software on a User's device, a button will be displayed in the Software window to go to the Registration Form, which is used to create an Account.
  3. Before creating an Account, a User is required to read and accept these Terms and Conditions and Privacy Policy.
  4. A User Account is assigned to a specific e-mail address. It is not possible to create several Accounts using the same e-mail address.
  5. An Account is established and active after it is confirmed (double opt-in method), i.e. after clicking on the link confirming the establishment of the Account, which is sent to the email address used during Account registration. An email address used to register an Account that is not confirmed within 24 hours of registration is sent a reminder to confirm, and if it is still not confirmed within another 24 hours, it is deleted automatically.
  6. It is forbidden to transfer the login data for the Account to other persons or entities.
  7. The account is established for an indefinite period of time and its possession does not create any financial obligations for a User towards the Administrator.
  8. In order to create an Account, it is necessary to have an active email address and access to a current web browser (Chrome, Firefox, Microsoft Edge, Safari or Opera) with Javascript support and cookies enabled.
  9. Having an Account is voluntary. An Account may be deleted at any time by sending a request for Account deletion to the Administrator's email address: [email protected] from an email address matching the one assigned to the Account. However, deletion of the Account will result in termination of the Software license agreement, as it is not possible to use the Software without having a user account.

§4. TERMS OF USE OF THE SOFTWARE

  1. The Administrator provides a trial version of the Software for free download.
  2. In order to use the Software, a User must download and install the Software on his/her compatible terminal device. In order to download the Software and establish an Account, a User must have Internet access. An Internet connection is also required to make an Order.
  3. In order to start using the Software, a User is required to register an Account.
  4. A User agrees to use the Software for its intended purpose and in accordance with the scope of the License, in particular, the User agrees:
    1. to use the Software in a manner that does not interfere with its proper functioning,
    2. to use the Software in a manner consistent with generally applicable laws, rules of social coexistence and good morals, bearing in mind respect for personal property and intellectual property rights of persons or third parties,
    3. not to interfere with the code of the Software, in particular not to force non-standard actions on the Software.

§5. TERMS OF USE OF THE ADDITIONAL SERVICES

  1. The Administrator provides Additional Services only to users of the Software provided by the Administrator, as well as to Users who use the Software offered by the Administrator and provided through Application Stores.
  2. In order to use the Additional Services, a User must download and install the Software on his/her compatible terminal device. In order to download the Software and establish an Account, a User must have access to the Internet.
  3. In order to start using Additional Services, a User is required to register an Account.
  4. A User agrees to use the Additional Services in accordance with their intended purpose, and in particular, the User agrees:
    1. to use the Additional Services in a manner that does not interfere with their proper functioning,
    2. to use the Additional Services in a manner consistent with generally applicable laws, rules of social coexistence and good morals, taking into account respect for personal property and intellectual property rights of persons or third parties,
    3. not to interfere with the code of the Additional Services, in particular, not to force on the Services custom actions for which they were not designed.

§6. SUBSCRIPTIONS AND LIFETIME

  1. The Administrator provides Users with a free trial version of the Software, which they can use in full functionality for the trial period specified in the Software offer. After the expiry of the period referred to in the preceding sentence, access to some of the Software's functionalities will be blocked. In order to continue using all the functions of the Software, a User should purchase a Subscription or Lifetime.
  2. Users can purchase a Lifetime License or a Subscription by selecting one of the plans below:
    1. 30-day subscription - a User obtains a License for a period of 30 days,
    2. Annual subscription - a User obtains a License for a period of one year,
    3. Two-year subscription - a User obtains a License for a period of two years,
    4. Lifetime - a User obtains the License for an indefinite period of time.
  3. The purpose of selecting one of the plans referred to in point 2 of this paragraph, a User should place an Order as part of his/her Account, via the Order form, which can be accessed directly from the Software.
  4. At the time of payment for one of the plans referred to in point 2 of this paragraph, an Agreement is concluded between the Administrator and a User.
  5. After the deadlines referred to in point 2 a), 2 b) and 2 c) of this paragraph, the Subscription will automatically expire. For further use, a User should purchase the License again according to the selected plan.
  6. Within one Order, a User may purchase a greater number of Licenses - for more devices. A User can manage the purchased Licenses by assigning them to selected devices in the Account panel.

§7. PAYMENTS

  1. In connection with the implementation of Orders, the Administrator is entitled to remuneration according to the prices presented in the process of placing the Order, applicable at the time of placing the final Order.
  2. The prices given by the Administrator on his website are net prices expressed in Euro. Complete calculation with all taxes depends on a User's location and it is provided in the process of placing the Order.
  3. Before placing the final Order, a User is informed about the total price of the Order.
  4. A Proof of Purchase is attached to each Order, and the User agrees that he will receive an electronic invoice or payment confirmation to the e-mail address provided in the Registration Form.
  5. When placing an Order, the User may - at his/her discretion - choose one of the following, but not limited to, payment methods:
    1. credit card payment (Visa, Discover, Mastercard, American Express and others) - The order is processed no sooner than upon the positive result of the authorization of the full amount for the Order. In practice, this provides almost immediate delivery.
    2. payment via the PayPal online platform - The order is processed no sooner than upon the positive result of the authorization of the full amount for the Order. In practice, this provides almost immediate delivery.
    3. payment by a bank/wire transfer to a bank account - delivery takes place only after payment is received in full. Paying by credit card usually offers immediate access to the products ordered.
  6. When placing an Order, a User may take advantage of discount coupons provided by the Administrator, which reduce the value of the Order by a set percentage or amount. Before placing the Order, the User will be informed of the final amount of the Order including the discount.
  7. The Administrator sends information about the activation of the License electronically, to the e-mail address indicated by the User in the Registration Form.
  8. If a User fails to make payment within 3 days from the date of placing the Order, the Administrator may request the User to make the payment within no less than 3 days. If the User fails to comply with the summons within the specified period, the Administrator may cancel the Order, informing the User by e-mail.
  9. All orders and payments are processed by our payments partner 2Checkout (Verifone): Verifone Payments BV dba 2Checkout | [Mail address: P.O. Box 11334, 1001 GH Amsterdam] Singel 250, 4th floor, Amsterdam, 1016AB, Netherlands

§8. WITHDRAWAL

  1. At the time of placing the Order, a User who is a Consumer or Entrepreneur, consent to the performance of the contract for the supply of digital content before the deadline to withdraw from the contract referred to in art. art. 27 of the Act of May 30, 2014 on consumer rights.
  2. Pursuant to Art. 38 point 13) of the Act of 30 May 2014 on consumer rights, the right to withdraw from the Agreement is not available to a User who is a Consumer or Entrepreneur, in relation to the Agreement for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the User, before the deadline to withdraw from the Agreement for a given Service and after the Administrator has informed the User about the loss of the right to withdraw from the given Agreement.
  3. A User who is an Entrepreneur is not entitled to withdraw from the Agreement.

§9. COMPLAINTS

  1. Any complaints regarding the services provided by the Administrator as part of enabling the Account management should be directed by Users to the Administrator's e-mail address: [email protected]
  2. The complaint should contain data enabling the identification of a User, the subject of the complaint and requests related to the complaint.
  3. The administrator is obliged to consider the complaint within 14 days from the date of receipt of the message. If an incomplete complaint is received, the Administrator will call a User to complete it under pain of leaving the complaint unrecognized.

§10. PERSONAL DATA PROTECTION

  1. The Administrator is the Administrator of the User's Personal Data.
  2. The Administrator, as the Administrator of personal data, processes personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95 / 46 / WE (GDPR), the Act of May 10, 2018 on the Protection of Personal Data (Journal of Laws of 2019, item 1781) and other relevant provisions on the protection of personal data.
  3. A User's personal data is processed in order to enable the use of the free version of the Software or to perform the obligations arising from the Agreement specified in these Regulations. Detailed information on the processing of User's personal data, including information on his/her rights, can be found in the Privacy Policy https://www.creamsoft.com/en/privacy/

§11. FINAL PROVISIONS

  1. The Administrator reserves the right to amend these Regulations. The changes come into force at the time clearly indicated by the Administrator, not earlier than 7 days from the date of their announcement. Services ordered before the changes referred to in the preceding sentence enter into force, will be performed on the terms applicable at the time of ordering. A user who does not agree to the changes introduced in these Regulations should refrain from using the Software.
  2. The provisions of these Regulations are not intended to exclude or limit any rights of a User who is a Consumer, conferred on him by the mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
  3. Any disputes between the Administrator and a User - subject to their mutual consent - will be settled amicably or in the presence of an independent and impartial mediator. A User who is a Consumer may request the dispute to be resolved to the Consumer Ombudsman, to the Permanent Consumer Arbitration Court or to the competent Provincial Inspectorate of Trade Inspection.
  4. Detailed information, contact details and a list of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection. A user may submit his/her complaint, e.g. via the EU online dispute resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.
  5. If it is not possible to settle the dispute amicably, the court having jurisdiction over the disputes will be the court competent for the Administrator's seat, and in the case of a User who is a Consumer, the court competent according to general rules.
  6. In matters not covered by these Regulations, the relevant provisions of law generally applicable in the Republic of Poland shall apply, including in particular the provisions of the Civil Code, the Act on consumer rights, the Act on copyright and related rights and the provisions on the protection of personal data.