Terms of Service

§1 General Provisions

These Terms of Service define the scope, rules, and conditions of using the VoiceLark.com application.
These Terms are effective as of May 2, 2024. (https://www.voicelark.com)
Familiarization with and acceptance of these Terms is a condition for using the VoiceLark.com application.

§2 Definitions

The terms used in these Terms with initial capital letters are defined as follows:

Service – The VoiceLark.com application, a real-time crypto content aggregator with sentiment analysis.
Service Provider – Optimum Process Limited Liability Company, based in Warsaw (02-222), Jerozolimskie Ave 181B, VAT ID 5213786607, National Court Register (KRS) 0000684901, Business Registry Number (REGON) 367693875.
User – A natural person. Only Users who have reached the age of 18 or are considered adults under the law applicable in their place of residence may use the Service. Minors may use the Service only under adult supervision.
Update – Modifications in the Application made by the Service Provider during the period of its availability to the User including: interface changes, bug fixes, new functionalities, and adaptations to comply with Polish legal regulations.
Failure – A disruption resulting in a break in the operation of the Service or a significant reduction in the quality of the Service’s operation.
Backup – The creation of a data backup by the Service Provider, allowing for the restoration and recovery of the environment after a Failure and the restoration of original data in case of their loss or damage.
Price List – Information about the prices and range of access packages to Subscriptions, posted on www.VoiceLark.com.
Business Day – A weekday from Monday to Friday during the hours of 9:00 AM to 5:00 PM (GMT+01:00), excluding public holidays in Poland.
Password – An individual sequence of characters assigned to a specific User on the Client’s side, securing access to the Application.
Account – A separate area of the Service, secured by a Login and Password, to which only the User has access.
Login – An individual sequence of characters assigned to a specific User of the Application on the Client’s side, enabling the identification of the User in order to ensure their access to the Application and verification of their possession of an access License.
Billing Period – A month counted from the day access to the Service is granted.
Data Center – A professional data center located in Poland equipped with hardware infrastructure enabling the provision of the Service.
Force Majeure – Unpredictable events and events beyond the control of the Parties that disrupt or make it impossible to fulfill mutual obligations by the Parties.
Subscription – An automated payment model for using the Service.
End Device – Desktop computers and mobile devices used by the User to access the Service.
Act – The Act of July 18, 2002, on providing services by electronic means (Journal of Laws 2020.0.344 consolidated text).

§3 Using the Service and Payments

Subscription. The Service Provider offers the possibility to use a paid and auto-renewable Subscription allowing access to the Service and payments for using the Service using the User’s credit card. Access to the Account is automatically extended each month until cancellation. If the User does not cancel the Service before the renewal date in any given month, they authorize the Service Provider to charge for the next month using a credit card. If payment cannot be made due to the expiration of the validity period, lack of funds, or other reasons, the Service Provider has the right to suspend access to the service until payment is made.

Cancellation. The User may cancel the Service at any time, with access to the Service provided until the end of the Billing Period. The Service Provider does not refund payments for the unused portion of access in the Billing Period.

Changes in prices and subscription plans. The Service Provider may periodically introduce changes in fees and specifications of subscription plans, however, any such changes in prices or plans will take effect no earlier than 14 days after sending an email notification to the User.

Issuing and sending invoices. The User agrees to the issuance and sending of invoices electronically.

Contacting the User. Information about the Account such as password changes or plan changes, confirmation messages, notifications) The Service Provider sends exclusively in electronic form by email to the address provided during registration.

Account Owner. The User who has an Account in the Service is the owner of the Account.
Technical support for the Account. The Service Provider ensures technical support and protection of the content stored on the User’s Account by:
1. performing Updates,
2. performing daily Backups,
3. support for Users in the form of FAQs, contact form, and instructional videos.

Service „as is”. The Service Provider states that the Service is available „as is”, i.e., as it is at the moment of access to the Account.

Quality of the Service. The Service Provider guarantees a Service Level Agreement (SLA) quality level of 99%. The SLA level means that the Service Provider ensures the continuity of the Service without Failure for a period not shorter than the product of the SLA level and the number of hours in the month. The SLA level mentioned in the first sentence does not include time covering activities mentioned in §8 subsection 3 below.

Technical requirements. To use the Service, the User must have an active email address and an End Device. The User must have a properly configured web browser on their End Devices. The Service Provider recommends using the following browsers: Mozilla Firefox, Google Chrome, Internet Explorer/Microsoft Edge – in the current version provided by the manufacturer, but not older than 12 months, and the ability to save cookies. To use some functionalities of the Service, it is necessary to install a program that opens *PDF files and enable JavaScript language support.

Data storage center. The Service Provider declares that all materials and information entered by the User, including personal data, are stored in an external Data Center. Changing the location of the Data Center does not constitute a change to these Terms.

§4 Access to the Service

Using the Service. Using the Service is subject to the terms specified in these Terms.

Starting a Subscription. Starting a Subscription is tantamount to entering into an electronic contract in accordance with the Act. The Subscription begins by filling out an e-form on the VoiceLark.com website, accepting these Terms by the User, and making the Subscription payment using a credit card for the first Billing Period. After receiving confirmation of payment from the Service Provider, the User gains access to the Account. The rules for the first login are specified in §5 of the Terms.

Providing data. The data provided by the User in the e-form must be consistent with the actual and legal state. During the Subscription period, the User is obliged to promptly update this data in each case of their change. In case of failure to perform this duty, or its improper performance, all information and documents sent by the Service Provider to the User at the previous data, including email addresses, will be considered effectively delivered.

Unlawful actions in the Service. The Service Provider reserves the right to immediately block or remove from the Service the Account of a User who:
1. by their action or omission aims to violate the security of data stored in the Service, especially if they attempt unauthorized access to the Service;
2. performs actions not compliant with generally applicable law,
3. by their action or omission aims to cause or causes harm to the Service Provider, its clients, or contractor
4. posts, publishes, sends by email or otherwise materials that could disrupt, block, or limit the functionality of the Service or End Devices or telecommunications equipment associated with the Service, such as viruses or other codes, files, or computer programs.

Trial periods. The Service Provider reserves the right to introduce free trial periods, entitling access to the Service for testing purposes, for a period determined by the Service Provider. After the end of the trial period, the condition for further use of the Service is the payment of the Subscription for the first Billing Period.

§5 Granting Access and First Login to the Application

Granting Login and Password. After the User fills out the e-form, an email will be sent to the email address provided during the form filling, containing an activation link.

Responsibility for securing access data. The sole responsibility for securing Passwords and Logins of Users rests with the User. In case of a justified suspicion that the Password or Login is possessed by an unauthorized person, the User should immediately change the Password. To ensure additional protection of access to the Account, the Service Provider recommends changing the Password at least once every 30 days. To maintain control over the Account and prevent the Account from being taken over by unauthorized persons (e.g., viewing history), the User should not disclose other data enabling Subscription (e.g., the last four digits of the credit card number or email address) to anyone.

§6 Rights and Obligations of the Parties

Ensuring the quality of the Service. The Service Provider commits to providing the highest quality of the Service, including by providing technical support as mentioned in §3 subsection 6.

Data Protection Officer. The administrator of data entered and stored on the Account is solely the User, who fully decides on the purposes and means of their processing. The sole responsibility for processing data, in particular for creating, changing, viewing, and deleting data, rests with the User.

Compliance with the law. The User is obliged to use the Application solely in a manner consistent with these Terms and applicable general legal regulations, in particular to provide true information during registration, promptly update data in case of their change, and timely settle payments.

Transferring rights. The User is not authorized to transfer rights related to the Subscription Service to third parties.

Breaks in access to the Service. The Service Provider reserves the right to:
1. announced periodic technical breaks,
2. perform Service Updates between 10:00 PM and 6:00 AM (GMT+01:00).
Limitation of the Service Provider’s liability. The Service Provider is not liable for disruptions in the provision of the Service caused by:
1. improper functioning of the web browser,
2. improper functioning of the internet connection,
3. actions of third parties,
4. causes independent of the Service Provider,
5. disclosure by the User of access data, including Login or Password, to unauthorized persons,
6. Force Majeure.

§7 Reporting Failures

Accepting reports. The Service Provider accepts reports of Service Failures via email hello@voicelark.com.

Description of the Failure. In the email, the Service Recipient is required to provide a description of the Failure.

Accepting reports of Failure. A report made at a time other than Business Hours on a Business Day is considered made in the first working hour of the Business Day on which the report was made or the nearest Business Day following the day the report was made.

§8 Failure Repair Procedure

Initiating actions. The Service Provider undertakes actions aimed at removing the Failure based on the report and verifies the validity of the report unless information about the occurrence of the Failure was confirmed based on a separate report or as a result of service actions.

Limitation of the Service Provider’s liability. The Service Provider is not responsible for not removing the Failure, caused by non-fulfillment of the obligations by the Service Recipient specified in these Terms.

Deadline for removing the Failure. The Service Provider will strive to take actions concerning the removal of the Failure as soon as possible so that the inconvenience caused by its existence is as minimal as possible for the User, however not longer than 48 business hours from accepting the report. The implementation of the report within the time specified in the first sentence applies if the cause of the service report occurred on the side of the Service Provider. The implementation of the report is considered completed with the removal of the Failure.

Service Provider’s right to resolve particularly complex problems. The Service Provider reserves the right to resolve particularly complex problems through Service Updates.

§9 Intellectual Property Rights

User’s obligation to respect copyright. The User is obligated to respect copyright, especially arising from the registration of inventions, patents, trademarks, utility models, and industrial designs of other persons.

All rights to the Service. All rights to the Service, including proprietary copyrights, intellectual property rights to its name, internet domain, and patterns, forms, logos belong to the Service Provider, and their use can occur only in a manner consistent with these Terms and applicable legal regulations.

§10 Data Protection

Ensuring appropriate technical and organizational measures. The Service Provider declares that it has appropriate technical and organizational measures, including proper security, enabling the processing of personal data in accordance with the provisions of 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, Official Journal of the EU L 119, p. 1, hereinafter referred to as GDPR).

Scope of personal data. The Service Provider may process personal data provided by the User only to the extent necessary to use the Service in accordance with these Terms. The Service Provider processes such data as: email address and credit card number to enable the Subscription Service, and data collected on the User’s Account in the scope of their storage in the Service Database in the specified Data Center.

Service Provider’s obligations. The Service Provider undertakes to:
1. ensure data protection and take data protection measures as mentioned in Art. 32 of the GDPR, in particular to ensure encryption of data and secure them from access by unauthorized persons,
2. respond to requests from the data subject in the scope of exercising rights specified in Chapter III of the GDPR („Rights of the data subject”), comply with the conditions of using services of another processing entity (Subprocessor),
3. limit access to personal data exclusively to persons whose access to data is necessary for the realization of the Subscription and ensure that these persons receive appropriate training in data protection,
4. maintain documentation describing the data processing method,
5. define detailed conditions for processing personal data in the Privacy Policy.

§11 Service Provider’s Liability

Limitation of the Service Provider’s liability. The liability of the Service Provider is limited only to intentional damage and within the actual losses incurred by the User.

Warranty. The Service Provider does not provide a warranty that VoiceLark.com is free from defects.

Responsibility for technical problems. The Service Provider is not responsible for technical problems or technical limitations that occur in computer hardware or any other type of equipment used by the User to access the Service, which prevent or hinder the User from using the Service.

Force Majeure. The Service Provider is not liable for disruptions in the functioning of the Service caused by Force Majeure, in particular equipment failure, actions of third parties, unauthorized interference by Internet users, etc., even if they would result in data loss by the User.

Liability for actions or omissions of the User. The Service Provider is not liable for damages caused by the actions or omissions of Users, in particular for using the Service in a manner not compliant with applicable legal regulations or these Terms.

Liability for actions of external providers. The Service Provider is not responsible for the improper functioning of the Service if it is caused by third parties (in particular telecommunications operators, telecommunications and electricity link providers).

The Provider is not responsible for decisions made by the user on the basis of information contained in the Service. The Service only collects and gathers information made available by content authors on the Internet.

§12 Dispute Resolution

Amicable dispute resolution. The Parties undertake to amicably resolve any arising problems and unforeseen situations, in accordance with the principles of good cooperation, taking into account the interests of each Party.

Court jurisdiction. In case of impossibility of amicable dispute resolution, the Parties submit the dispute for resolution by the court competent due to the seat of the Service Provider.

For the settlement of disputes, Polish law and Polish courts of competent jurisdiction shall apply.

§13 Final Provisions

Availability of the Terms. These Terms are public, free of charge, and available at (https://www.voicelark.com) and their content can be recorded at any time by printing, downloading, or saving on an external medium.
Changes to the Terms. The Service Provider reserves the right to change these Terms.

Information about changes to the Terms along with the new content of the Terms. The Service Provider posts on the website at least 14 days before the changes take effect.

Interpretation of the Terms. In case of doubts regarding the application of these Terms, the Service Provider reserves the right to the final interpretation of its provisions, and the User has the right to request the proper interpretation from it.
Application of national regulations. In matters not regulated in these Terms, the provisions of generally applicable Polish law apply. If any of the provisions of these Terms is found to be invalid, unlawful, or unenforceable, it will not affect the validity, legality, and enforceability of the remaining provisions.