1. DEFINITIONS
   1. Account - an electronic data model object, representing a single User in the System. In order to start using the Service, the User must create an Account on the System by completing an electronic registration form;
   2. Billing Period - A period of one month or any other billing period for the Services provided in the Plan selected by the User;
   3. Contract - Agreement concluded between Travatar and the User concerning the provision of Services within the System under the ToS described in these ToS; the Contract enables the use of the Services and is concluded at the moment of creating an Account;
   4. Display - means a single viewing of the Website by a Visitor to the Website (whereby: means each individual opening of a sub-page on the domain of the Website).
   5. DPA - means the agreement for the entrustment of the processing of personal data, concluded between Travatar and the User with the commencement of the Services;
   6. Fee - the fee paid by the User for the provision by Travatar of the Service within the System in a given Billing Period;
   7. Plan - Display Package under which the Services are available. The fee for a given Plan depends on the number of Displays purchased. It is possible to agree on an Individual Plan tailored to your specific needs. It is also possible to offer a fee-free Plan.
   8. Privacy Policy - document governing the security of privacy and the processing of Users' personal data.
   9. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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);
   10. Service - the service performed by Travatar for the benefit of the User, consisting of making the System functionality available electronically, ensuring the smooth operation of the System and storing, processing and securing the data entered by the User in the User Panel and the Site Visitor data collected by the System;
   11. System -
       1. the website accessible on the Internet at the main address https://travatar.ai/, which provides access to the Services; and
       2. an information system - a tool to protect websites from abuse, in particular: the churning of advertising budgets and the disruption of analytics;
       otherwise the software that enables the use of the Service and the System. The software consists of a server part, running on Travatar servers (back-end) and a User Panel, running in the Service user's web browser (front-end);
   12. ToS - these ToS, which set out the rules for the provision of services through the System;
   13. Travatar - Travatar spółka z ograniczoną odpowiedzialnością, with its registered office in Puławy, ul. Ignacego Mościckiego 1, 24-110 Puławy, entered into the National Court Register by the District Court Lublin- Wschód in Lublin, with its registered office in Świdnik, VI Economic Division of the National Court Register, under KRS number: 0000833569, holding REGON number: 385769630, NIP number: 7162828885;
   14. User - (1) a natural person having full legal capacity, using the Services as specified in the Terms of Use; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; using or intending to use the Services available in the System;
   15. User Panel - A separate part of the Account where the User can add the name of the Site they wish to monitor. The system generates a code for such a Site, which the User places on the Site;
   In the User Panel, in the case of sites based on CMS systems such as Wordpress, it is possible to install a plug-in. Once the plug-in is installed, the User enters the code generated in the User Panel either manually or by using a dedicated tool;
   16. Visitors - a person or a computer program (bot) visiting the Website;
   17. Website - A website [or group of websites] (including sub-sites) to which the User has rights or access has been granted by authorized persons;
2. PRELIMINARY PROVISIONS
   1. These ToS set out the general conditions for the use of the Services provided by Travatar.
   2. Paragraph titles used in the Rules are for ease of reference only and do not affect the interpretation of the Rules.
   3. All copyright and other intellectual property rights relating to the System, belong exclusively to Travatar. It is forbidden to copy and use the whole as well as individual parts of the System without the prior written consent of Travatar.
   4. These ToS are made available in the System free of charge to each User prior to the conclusion of the Contract, and also - at the User's request - in such a way that it is possible to obtain, reproduce and record the content of the ToS by means of the IT system used by the User.
   5. The User may use the Services only after having read and accepted the content of the ToS. If the User does not accept the ToS, he/she may not use the Services. As far as the User is concerned, he/she shall be deemed to have accepted the ToS unreservedly when he/she starts using the Services. Furthermore, by accepting the ToS, the User declares that he/she has familiarised himself/herself with the contents of the Privacy Policy.
   6. Travatar reserves the right to modify the ToS, of which it will inform the User each time by email.
   7. Unless otherwise specified, an amendment to the ToS shall take effect from the first day of the following calendar month. The amendment will not be effective earlier than 7 (seven) calendar days after its publication.
3. GENERAL CONDITIONS FOR THE PROVISION OF SERVICES
   1. In order to use the Services, you must have an installed and up-to-date web browser and JavaScript. On the User's side, the following minimum technical requirements must be met:
      1. have a computer or other device connected to the Internet with a web browser
      2. an active Account with an active e-mail address entered in the System.
   2. The Services can only be used via the System.
   3. In the case of a Fee-Exempt Plan, the User shall enjoy access to and certain services of Travatar for free for a certain period of time and up to a certain number of "page views" per billing period. The User will be informed by Travatar of the terms, duration, extension or expiry of the time and conditions for the use of the free Plan.
   4. Access to the System (except for paid functionalities, made available within the scope of rendering the Services according to a given Plan) is free of charge subject to possible costs of data transmission, which result from the agreements concluded by the User with telecommunication operators or other Internet providers and the scope of such data transmission. The User may bear the costs of individual Services provided by means of the System in the manner and according to the terms indicated in the Terms of Use.
   5. The system stores historical User data for up to 60 days. It is possible to extend the storage period by selecting the appropriate option available in the User Panel. Extension of the storage period of historical data may be subject to additional fees. The user will be informed of the upcoming deadline for deletion of historical data.
   6. It is forbidden to provide unlawful content and to use the Services in a manner contrary to the provisions of the Terms of Use, applicable laws, good morals and principles of social co-existence. Detailed provisions on the regulation of improper use of the Services are described in further sections of the Terms of Use.
   7. Travatar does not place within the System offers made in electronic form within the meaning of Article 661 of the Act of 23 April 1964. - Civil Code.
   8. The System and its components, including design and content, are protected by copyright or other intellectual property rights. These elements may not be distributed or published, in part or in whole, without the consent of Travatar. In particular, the ToS do not allow the reproduction, distribution, lending, sale or any other manner of direct or indirect redistribution, whether paid or unpaid, of the elements of the System with the exclusion of Travatar.
4. USER
   1. Subject to the paragraphs below, Users may be:
      1. natural persons over 18 years of age with full legal capacity who are conducting business activity;
      2. legal entities;
      3. organizational entities without legal personality which are granted legal capacity by law;
      using or intending to use the Services.
   2. For the avoidance of doubt - Travatar does not provide services to consumers.
5. ACCOUNT AND THE CONTRACT
   1. In order to use the Services, the User must have an active Account. For this purpose, he/she completes the registration procedure through the System, by means of the relevant form or by using the authentication by means of linking the Account to another electronic service provider allowing such action (e.g. by linking a Google account; the available integrations are visible from the registration panel). It is also possible, if the respective Plan is selected, to obtain an individual link for Account registration. The individual registration link is sent each time by Travatar from the address no-reply@travatar.ai. As soon as the Account is registered between Travatar and the User, the Contract is concluded for an indefinite period.
   2. The System may send active Users emails regarding changes in the use of the Services and, depending on the consents granted, also commercial offers, newsletters, marketing information, other communications, related to the activities of Travatar.
   3. You are responsible for what happens in and through your Account.
   4. You may not share your Account with any third party and are responsible for keeping your login details confidential. If a User notices that someone unauthorized is using or has used their Account, they must inform Travatar immediately. The Account is also non-transferable and non-transferable.
   5. Travatar verifies an Account, created through a form available on the System by sending a verification link to the email address provided during registration. The User should verify the Account within 14 days of receiving the link. Travatar may restrict the functionality of the Account until the correctness of the email address provided is verified.
   6. To use the Services, the User completes the Account data to the extent indicated in the User Panel.
   7. You represent that you have the Site Visitor's consent to transmit their personal data to Travatar for the purpose of verifying site traffic and applying bot detection and other unwanted phenomena.
6. TRAVATAR SERVICES
   1. Travatar may provide the following Services to Users:
      1. Ad Fraud Prevention, which can have the following functions:
         1. informative, analyzing ad clicks for invalid clicks,
         2. warning, sending alerts when fraud is detected,
         3. Preventive, which involves adding certain addresses to a blacklist and blocking them from displaying adverts; the preventive function may operate automatically or present the user with a list of recommendations to be manually blocked,
         4. reporting including the generation of reports to a CSV file;
         5. others as the System develops
      2. Website Security, which can have the following functions:
         1. Informative - visualization of the type of threats detected by the System, presented on a timeline,
         2. Warning - sending alerts when anomalous, unusual, or harmful behavior of Site Visitors is detected,
         3. Protective - The System may automatically block malicious traffic on the Site or allow manual blocking of malicious traffic, at the User's discretion,
         4. others as the System develops
      3. Analytics, which can have the following functions:
         1. Screens: Site traffic, Audience behavior, User path: the System, within the dashboards, presents the behavior of Site Visitors; the System allows the analysis of different groups of Visitors: humans, bots and low-quality traffic,
         2. Keywords and Campaigns screens: the system analyses the most effective phrases in order to optimize marketing campaigns,
         3. Performance screen: the system presents an analysis of the loading speed of the Site (presenting the data on a timeline), with a breakdown by: (i) countries and (ii) browsers
         4. others as the System develops
      4. API having a function to export extracted data from the System in raw or structured version
      5. others as the System develops
   2. Each of the Services may require you to perform certain additional actions to use the various functionalities. Additional actions may include, but are not limited to, actions such as: adding a script provided by Travatar to the code of the Website or performing certain integrations between the Account and other electronically provided services used by the User. The need to perform necessary additional actions, e.g. integration, is displayed each time in the User Panel.
   3. Services are available according to the current offer and the selected Plan.
   4. When the purchased number of Displays is approached, the System will send a notification to the User (by displaying it in the User Panel or by e-mail, depending on the option selected by the User). Once the purchased number of Displays is reached, access to the Services is blocked, i.e. the System will not continue to monitor the Website.
   5. User may purchase additional Displays, which may mean changing the Plan or incurring or increasing the Fee.
   6. Travatar reserves the right, at its sole discretion, to conduct promotional and marketing actions, at a specific time, for a specific target group, with benefits specified in the action, e.g., additional Displays, discounts, promotional codes and others, at Travatar's discretion.
7. GENERAL OBLIGATIONS OF THE PARTIES
   1. The System is available to Users 24 hours a day. Travatar reserves the right to interrupt: (i) due to periodic maintenance of the System, or (ii) due to random events. Travatar undertakes to promptly repair any malfunctions that prevent or impede access to the System and use of the Services.
   2. Users, undertake to use the Services in a manner that does not infringe the rights of third parties (personal rights, copyrights and other intellectual property rights), good morals and the law.
   3. The User is the owner of all content entered into the System (or otherwise has the rights to use it), for which Travatar assumes no responsibility.
   4. In the event that Travatar receives a report on the unlawful nature of the data uploaded by the User in the System, Travatar has the right to block access to the User's data. In such a case the User will be notified that the User's Account has been blocked and the System cannot be used.
   5. Travatar, by generating the code in the User Panel, grants you a limited, revocable, non-exclusive, non-sublicensable license to install and use this code to use the Services.
   6. The user may only use the license for his/her own business purposes.
   7. Furthermore, as part of the license, the User is not entitled:
      1. permanently or temporarily reproduce the code in whole or in part by any means and in any form,
      2. translate, adapt the code, change the layout of the code or make any other changes to the code,
      3. to reproduce the code or to translate its form, within the meaning of Article 74 (4) (1) and (2) of the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws of 1994, No. 24, item 83, as amended).
8. PAYMENTS
   1. The fee is paid in advance for the Settlement Period.
   2. The amount of the Fee depends on the Plan selected
   3. All payments within the System will be made through an external payment operator in accordance with its internal rules and regulations. Payment methods depend on the technical possibilities made available by the operator.
   4. By using the Services, you agree to receive VAT invoices from Travatar electronically to the email address used during registration.
   5. The service will be made available as soon as the receipt of funds into the Travatar account is confirmed.
   6. The user will receive an automatic notification of the activation of the Services and a VAT invoice.
   7. If the Fee is not paid on time, the Services may be blocked in part or in full. Access to the Services to the appropriate extent will be unblocked as soon as funds are credited to your Travatar account.
9. CONFIDENTIALITY
   1. The parties mutually undertake to keep confidential any information obtained during the execution of the Contract, which they may suspect to be confidential commercial information or to be treated as such by the other party. In particular, the following are considered as such data: personal data of persons entered into the System, personal data of the Users, financial data of the Users and their contractors.
   2. Travatar guarantees that only authorized employees or associates of Travatar will be allowed to process personal data from the System.
   3. With the commencement of the Services, you and Travatar shall enter into a Data Processing Entrustment Agreement ("DPA") in the wording set out in Annex 1 to the ToS. By agreeing to the ToS, you also accept and enter into the DPA.
10. NOTIFICATIONS AND NEWSLETTER
    1. Within the System, services such as notifications, newsletters may be available, the use of which is free of charge. The User may, at any time, unsubscribe from the function of receiving notifications and newsletters, by sending the corresponding request to Travatar or by activating the corresponding link, included in the footer of each message, sent within the newsletter.
    2. The use of the notification and newsletter functions is entirely voluntary. The newsletter service is activated by ticking the appropriate checkbox during registration or in the User's settings panel in the System.
11. RESPONSIBILITY
    1. Travatar shall not be liability for damages:
       1. resulting from the User's fault, including under the following circumstances:
          1. infringement of these ToS by the User,
          2. that the User makes the login data for the Account available to third parties,
          3. improper use of the System or failure to comply with Travatar's recommendations regarding the use of the System,
          4. incorrect script configuration on the Site,
          5. conflict between the System and other programs, applications, scripts on the Site owned by the User.
       2. caused to third parties as a result of the User's use of the Services contrary to the Terms of Use or the law;
       3. dangers associated with the use of the network: hacking attacks, viruses infecting the system or similar events that the System will not be able to detect;
       4. arising as a result of the restriction, interruption or discontinuation of the provision of Services to the User due to the User's breach of the ToS;
       5. information and materials downloaded, posted in the System or sent over the Internet by the User;
       6. caused by external factors (e.g. failure of the System) or other circumstances beyond Travatar's control (action of third parties), including those caused by the User;
       7. the User provides false, outdated or incomplete data or information;
       8. caused by malfunctions in the operation of other systems that are not maintained by Travatar and that affect the operation of the System, including the System, including the Internet and providers of services critical to the operation of the System (including the cloud provider);
       9. caused by the non-performance or improper performance of operations carried out through the System, if this is due to a tele transmission or technical fault, equipment failure or connection interruption;
       10. caused by the discontinuity of the provision of the Services, resulting from circumstances for which Travatar is not responsible (force majeure, acts and omissions of third parties, etc.);
       11. caused by any action of bots, i.e. computer programs, hackers or other Site Visitors,
       12. arising in connection with maintenance work on the System, if the time of unavailability of the Services (downtime) does not exceed 8 hours.
    2. At the same time, Travatar does not guarantee the full effectiveness of the System, i.e. the detection of 100% bots, false traffic, fraud, etc. and, consequently, is not responsible for any damage resulting from such activity on the Site.
    3. Furthermore, Travatar stipulates that the report generated in the System within the Ad Fraud Prevention functionality may not be recognized in whole or in part by the entities acting as web traffic providers whose services are used by the User and, consequently, will not allow the User to receive a refund.
    4. If the System is updated, any data, metrics, charts, sections, displayed in the System and reports generated before the update may differ from reports for the same period generated after the update.
12. COMPLAINTS
    1. The User has the right to lodge a complaint. A complaint should contain at least data enabling the identification of the User and an indication of justified reservations and comments on the Services. Complaints may be lodged in accordance with the general rules expressed in legal regulations, as well as by sending a complaint from the postal account associated with the User's Account via e-mail to contact@travatar.ai.
    2. The complaint should be submitted no later than 14 days from the date of the occurrence of the event that is the subject of the complaint.
    3. Travatar will consider the complaint within 14 working days, unless the User has not described the subject and scope of the complaint in a way that allows it to be considered or has not provided data enabling the User to be identified. In such a case, the time limit for processing the complaint runs from the day on which the User provided Travatar with the missing information.
    4. Travatar's response to the complaint shall be sent to the address indicated by the User in his/her complaint or by e-mail.
    5. In the event of a justified and accepted complaint, Travatar will contact the User to agree on a method of compensation.
    6. The value of the offset should not exceed the amount corresponding to the total value of the Service Fees for the month in which the problem being the subject of the complaint occurred. In any case, the value of the set-off may not exceed the amount corresponding to the total value of the Charges for the last 2 Billing Periods preceding the Billing Period when the problem being the object of the complaint occurred. In case the complaint is submitted by a User, using the free version of the System, such User is obliged to prove the value of the damage, reported within the scope of the complaint, whereas Travatar's liability in such situation is limited to the amount of PLN 1,200.
    7. The subject of the complaint cannot be:
       1. possible minor malfunctions of the System not causing loss or damage to the data in the User Panel, and
       2. Problems with ineffective detection of artificial traffic on the Site among Site Visitors, particularly those using advanced technology (without prejudice to clause 11.2 of the Terms of Use).
    8. At the same time, due to the early stage of technological development of the System, Travatar stipulates that minor errors or discontinuities in the Services are possible, while it will make every effort to ensure that such a condition (downtime) occurs as rarely as possible.
13. TERMINATION OF CONTRACT
    1. The User may terminate the Contract concluded with Travatar and thus cancel further extensions of the Fees, if he/she incurs them - by law, without giving any reason, by deleting his/her account. If the User decides to terminate the Contract and the Plan Fee has been paid in advance for a longer period of use of the Services, the User shall not be entitled to receive a refund for the unused period of the Services.
    2. In the case of an Individual Plan, the User may terminate the Contract with respect to his or her Plan - by law, without stating a reason, giving one month's notice, or in accordance with the provisions of a separately concluded agreement.
    3. If the User loses the right to represent the company for which he uses the System or any other right related to the possibility of managing a business entity, his Account may be automatically blocked or deleted.
    4. Travatar may terminate the Contract with immediate effect or block the Account only for valid reasons such as:
       1. use of the Website in a manner that is in breach of the Terms of Use,
       2. misleading Travatar in the process of concluding the Contract (including, providing false information entitling Travatar to preferential terms of access to the Services),
       3. delay in payment of the Fee exceeding 30 days,
       4. use of the Service in an unethical manner, e.g. testing of malicious software by the Service.
    5. In addition, Travatar, may, for valid reasons, terminate the Contract with a notice period lasting until the end of the current Settlement Period. The User will be informed each time of the reason for termination of the Cibtract.
14. AMENDMENT TO THE RULES OF PROCEDURE
    1. Travatar may amend the ToS for valid reasons, including:
       1. a change in generally applicable laws relating to Travatar's business or the form of Travatar's business,
       2. upgrade of the System infrastructure or the entire System.
    2. Users will be informed of the change to the ToS in an email sent 7 (seven) days before the new ToS take effect. During this period, the User may refuse to accept the new wording of the ToS (on an opt-out basis - failure to refuse to accept the new wording of the ToS within the deadline will mean acceptance of the new wording of the ToS).
    3. Continued use of the Services constitutes acceptance of the ToS currently in force.
    4. The provision of Services commenced prior to the amendment of the ToS shall be subject to the provisions of the ToS in the version in force at the time of commencement of the Services. Changes to the Terms of Service may not infringe the Users' acquired rights.
15. FINAL PROVISIONS
    1. The law applicable to the obligations arising from the ToS is Polish law. If Contracts are concluded in a language other than Polish, the Polish version shall prevail for the interpretation in the event of any disputes or claims.
    2. Disputes arising between Travatar and the User shall be submitted to the court having jurisdiction over the seat of Travatar.

Annex 1 to the ToS