HTML5 Meeting Website Terms of Service
The definitions used herein have the following meaning:
1. Terms of Service- the Terms of Service when rendering electronic services within the Website.
2. Website- the website accessible on https://www.html5meeting.com.
3. User- a person, legal entity or organizational unit without legal personality to which the provisions of this document specifically recognize a legal capacity when using the Website.
4. Registered User- the User who registered a personal account on the Website.
5. Material of User- verbal, graphic, text, audio or video content that the User may post via the Website or on the Website.
6. Owner of the Website- RTCLab sp. z o.o.
7. Consumer- a person who uses the Website for purposes not directly related to their business or professional activities.
8. Room- the functionality of the Website which allows the Users to conduct audio and video communication and to transmit text messages.
9. Private Room- a Room to which access is granted to Users invited by the User who created the Private Room.
10. Fee for website service- the fee allowing registered users to access the service and certain functionalities for a pre-defined period. The amount of the fee is based on current pricing and can be subject to change.
11. Billing cycle- 30 calendar days.
12. Price list- actual service pricing will be listed on the website. The prices listed are gross.
II. General Provisions
1. These Terms of Service define the rules for use of the Website.
2. The Website is run by the Owner of the Website.
3. The main aim of the Website is to enable the Users to conduct mutual audio, video or text communication within the Rooms.
4. These Terms of Service specify in particular:
- rules for registration and use of the account within the framework of the Website,
- rules for use of the Website, including rules for transmitting data by the User on the Website,
- rules for use of the Room and other functionalities available within the framework of the Website,
- rules for use of the newsletter service,
- complaints procedure,
- rules for personal data protection policy.
5. The minimum hardware requirements to enable use of the Website are as follows:
- A computer with the access to the Internet;
- Access to e-mail or a mobile phone;
- Recommended monitor resolution: 1024x768 pixels;
- Available Web Browsers- detailed information on compatible web browsers is updated and available here.
- In order to use the video functionality, the User’s computer must be equipped with a camera and microphone.
6. Users can get access to the Terms of Service at any time via a link located on the home page of the Website.
7. The Owner of the Website makes effort to give Users the opportunity to use all functionalities of the Website 24 hours a day. However, the Owner of the Website reserves the right to temporarily suspend the operation of some or all functionalities of the Website in order to carry out maintenance, updates or repairs.
8. The Owner of the Website makes efforts to ensure that all functionalities of the Website are reliable. However, the Owner of the Website is not responsible for irregularities in the functioning of the Website.
9. The Owner of the Website may organize contests, promotions and games independently or jointly with other entities for some or all Users. The conditions of such contests, promotions or games shall be specified in separate regulations available within the framework of the Website.
III. Rules of Use of the Website
2. The User is not allowed to copy or store neither elements nor the entire Website and its components in any way shape or form.
3. Users have the possibility to sign up on the Website by registration of a personal User's account on the Website. Registering and creating an account on the Website is a condition to have access to some functionalities of the Website.
4. The registration is made by completing and accepting the registration form available on the Website, in which the User must provide the following information: name and surname, e-mail address or mobile telephone number.
5. The consent to provisions of the Terms of Service and providing data specified during the registration procedure is mandatory to the conditions of registration.
6. There is Fee for the website service to registered users but the Owner of the Website may allow for a free trial period or free access to certain or all functionalities- during the specified trial period a Registered User is only permitted access to one trial account.
7. The Website Use Agreement is concluded with the Registered User by registration of the User's account and receipt of payment or payment confirmation according to point 10. The Website use agreement with the Registered User is concluded for an indefinite period of time.
8. The Registered User may at any time terminate the Website Use Agreement by unregistering the User's account or by terminating the Website Use Agreement- termination of the agreement is made immediately. If the reason for termination is different from described in point 9 a refund may not be applied for the remaining Billing period.
9.The User can terminate the contract for using the service in a case where the Owner of the Website failed to meet the agreed requirements provided that the User has filed a complaint describing the issue and the Owner of the Website had not issued a solution within the 30 day term. In such case the User has the right to claim a refund of the Fee for the website service proportionally to the time left for the end of the Billing cycle that was paid. Any further liability to the Owner of the Website is excluded.
10. The conclusion of the Website Use Agreement will be made upon receiving payment or payment confirmation of the Fee for website service to the account of the Owner of the Website and access to the account will not be granted until this time.
11. The User will make payment for the Fee for the website service by providing their credit card information to the Owner of the Website or registered payment provider within the requested time frame. A list of accepted credit cards is listed is listed on the website.
12. The Fee for website service is taken from the Registered User in advance for a Billing Period and entitles the Registered User to use the Website until the end of the Billing Period. At the end of a Billing Period the User is automatically charged a Fee for the use of the Website for the next Billing Period in accordance with the current Price List on the day of commencement of the original Billing Period.
13. By accepting the Terms of Service the Registered User agrees to automatic credit card billing for Fees for website service in the amount agreed at the commencement of billing period. In case automatic credit card billing for Fees for website service is not possible, the Owner of the Website will inform the Registered User by asking to update credit card information. In the case of Fees for website service not being paid for the next Billing Period the Owner of the Website will block access to the functionality of the Website for a period of 30 days. If during this period the Registered User has not re-instated automatic credit card billing the Owner of the Website is entitled to terminate the Use Agreement immediately and without further notice.
14. The User may conclude an agreement with the Owner of the Website for free delivery of a newsletter issued in electronic form to the User by the Owner of the Website. The newsletter is delivered to the e-mail address specified by the User at the time chosen by the Owner of the Website. The agreement for the delivery of the newsletter is concluded for an indefinite period of time, and each party may terminate it at any time with immediate effect.
15. The Owner of the Website may terminate the Website Use Agreement or prevent use of the Website or block or limit certain parts of the service immediately should the user:
- during the registration process or during the payment process on the Website provided data which is untrue, inaccurate or outdated, misleading or which violates the rights of third parties,
- infringed personal rights of third parties through the Website, in particular personal rights of other Users of the Website,
- committed other violations against binding laws, good practices or principles of social coexistence or detrimental actions to the reputation of the Owner of the Website, its employees, co-workers or contractors.
- If the user registered more than one free trial account
16. If the account was terminated for reasons described in point 13 or 15 no refund can be issued for use of the website or reimbursement given for the remaining Billing period.
17. A person who is denied the right to use the Website cannot register again without prior consent by the Owner of the Website.
18. The User of the Website is obliged in particular to:
- not deliver and disseminate content prohibited by law,
- refrain from activities such as transmitting or posting within the Website commercial information which is not ordered,
- use the Website in a manner which does not disturb its operation,
- use any content placed within the Website only for personal use,
- use the Website in a manner consistent with all applicable laws and provisions of the Terms of Service.
IV. Rules for Use of Functionalities of the Website and Transmission of Material of the User
1. Using certain features of the Website require registration and conclusion of the Website Use Agreement. Users joining the Room as an attendee do not require any registration or agreements.
2. The basic functionality of the Website is enabling video, audio and text communication between Users in the same Room. In order to use basic functionalities of the Room there is no need to install additional software. The use of some functionalities of the Room may require the installation of additional software, to which the User will be informed on the Website.
3. In order to gain an access to the Room the User shall type the URL address in their web browser. The name of each User who starts using the Room is shown to other Users of this Room. In the case of a Private Room, the User may begin using such a Room only after being accepted by the User, who created the Private Room.
4. The communication is possible only between Users who use the same Room at the same time. The Website does not save any communications between the Users.
5. The Registered User may create a Private Room through the functionality available after signing in through their personal account. The Registered User always has access to the Private Room created by them. The Registered User may adjust some elements of the Private Room within the options made available by the Owner of Website. The Registered User, who created the Private Room, may delete the Private Room from the Website at any time.
6. By posting or placing Materials of the User within the Website the User represents their own views and opinions and takes full responsibility for the published content. The Owner of the Website is not liable for any Materials of the User, unless such liability follows from applicable law.
7. The User is not allowed to post or place Materials of the User on the Website which are: against the law, pornographic, racial hatred, religious hatred, ethnic hatred, propagate violence or vulgarity and the general violation of applicable laws and principles.
8. Using a Room for purposes not consistent with applicable laws, particularly aimed at the organization of gambling, including poker, is also not allowed.
9. Each Material of the User which is posted or placed on the Website must be the result of their personal creativity or the User must be authorized by the owner of the Materials to use them within the Website, as well as meet the following requirements:
- Material content of the User must be consistent with good practices, in particular it cannot include offensive information,
- Material content of the User must not violate copyrights or other similar rights, including the right to image protection, as well as the personal rights of any third party,
- Material content of the User must not constitute direct and intentional commercial information related to entities other than the Owner of the Website.
10. The Owner of the Website reserves the right to remove or block the possibility of posting and placing Materials of the User which violate the Terms of Service without notice to the User, as well as the right to block participation on the Website in relation to individuals violating the provisions of the Terms of Service or the provisions of general and applicable law.
11. Together with publication of Material from the User by the User the Owner of the Website may publish part of the IP address, from which there was a connection to the server of the Website during posting.
12. When posting or placing Material from the User on the Website the User grants the Owner of the Website a non-exclusive license to use the content of the Material of the User as a whole, as well as all elements included in the Material of User, in whole and in fragments, with and without modifications, with no time limit, free of charge and without territorial restrictions, together with the right to the sublicense, paid or free of charge, on the same terms, in order to enable providing services through the Website.
13. At the moment of commencing video communication the User consents to publication of the User’s image within the Website.
14. The Owner of the Website, acting also by the assigned moderators, shall be entitled to any transfer or modification of the Material within the framework of the Website, as well as to block or remove the Material of the User or entire discussions if the Material of the User violates the Terms of Service.
15. The Owner of the Website reserves the right to fine a User who violates the Terms of Service by posting contents or other materials of a commercial nature, as well as placing advertisements on commercial terms.
16. If in connection to a breach of law or rights to a third party by any Material of the User posted or placed on the Website for which the Owner of the Website may be liable whatsoever, the User is obliged to exempt the Owner of the Website from such liability to the fullest extent permitted by law, and if the Owner of the Website incurs losses or expenses, to reimburse such losses or expenses up to the full amount.
V. Right to Withdrawal by a Client who is a Consumer
1. The rules described below are related to agreements:
- for a personal account registered on the Website,
- for a newsletter.
2. The User who/which is the Consumer is entitled to withdraw from a distance agreement within 14 days as of the date of its conclusion via the form constituting Annex no 2 to the Consumer Rights Act. To observe the time-limits it is sufficient to send a declaration of intent before that date. The content of the form constituting an annex to the above mentioned act, supplemented by data of the addressee, is an appendix to these terms of service and is accessible within the account panel.The Consumer is not entitled to withdraw from an agreement in relation to the following agreements:
- service agreement, if the Owner of the Website has performed the service fully upon the explicit consent of the Consumer, who has been informed before commencing the service, that after performing the service by the Owner, they lose their right to withdrawal,
- on providing newspapers, periodicals and magazines, except for subscription agreement,
- on providing digital contents, which are not saved on a material carrier, if the performance of an agreement commenced upon the explicit consent of the consumer before the end of the time limit for withdrawal and after informing them by the Owner on losing the right to withdrawal,
- in other cases specified by applicable laws.
3. Depending on the type of agreement concluded by the Consumer with the Owner of the Website regarding the Website, the Owner of the Website may, in regards to the nature of goods or services offered to the consumer:
- require consent of the consumer for commencement of rendering services before the time limit for withdrawal from a given distance agreement;
- require consent of the consumer for rendering services in whole before the time limit for withdrawal from a given distance agreement;
- require consent of the consumer for rendering services in the form of delivery of digital contents not recorded on a material carrier before the time limit for withdrawal from a given distance agreement.
Any other complaints related to the use of the Website shall be addressed to email@example.com. The complaint application shall include the reason of complaint.
The Owner of the Website is obliged to deal with every complaint within 14 calendar days.
VII. Personal data
1. The Users' personal data provided during registration on the Website or with newsletter sign up are processed by the Owner of the Website solely for the purpose of performance of registration and maintenance of personal User’s account service (and communicating with the User for this purpose) and possibly newsletter service, if the User expresses the will to receive a newsletter.
2. If the User agrees, the personal data of the Users may be also processed in the broadly defined purposes of marketing goods and services owned by the Owner of the Website, as well as partners of the Owner of the Website. Consent to the processing of personal data for marketing purposes is voluntary.
3. Personal data submitted by the Users is processed by the Owner of the Website acting as a personal data administrator. The User has the right to access or correct their personal data and to object to its processing and request to cease processing completely, however, this may result in the impossibility of fulfilment of a placed Order or other rights provided in the Terms of Service. Data providing is voluntary but necessary for the fulfilment of the Order or the registration of the User’s account respectively.
4. The User may consent separately to receive to a given e-mail address commercial information within the meaning of the Act on rendering electronic services from the Owner of the Website and the entities cooperating with the Owner of the Website. This consent may be withdrawn at any time.
5. The User may consent separately to calls from the Owner of the Website to an indicated telephone number for broadly defined marketing purposes, also by using automated systems, including the transfer of commercial information within the meaning of the Act on rendering electronic services. This consent may be withdrawn at any time.
VIII. Service Owner Responsibilities
1.The liability of the Owner of the Website, its agents, employees (regardless of the basis of employment), entities related to the Owner of the Service and subcontractors is limited only to the amount of the last Fee for website service paid by the Registered User- Fees for the website service may be refunded only in the examples described in the Terms of Service or if the law requires such action. Specifically excluded is the responsibility of the Owner of the Website, its agents, employees (regardless of the basis of employment), entities related to the owner of the Service and subcontractors for indirect damages and for lost income.
2. Limitation of liability referred to in paragraph 1 above does not apply to cases where the damage was caused intentionally.
3. Limitation of liability referred to in point 1 above does not apply to cases where the claimant is a consumer and the limitation of liability is excluded under applicable law. In such a situation, the responsibility of the entities referred to in point 1 above is limited to the maximum extent permitted by applicable law.
IX. Final Provisions
1. In the case of Clients who/which are not consumers the competent court for any disputes arising from use of the Website is the court competent for the registered seat of the Owner of the Website.
2. In any matters not governed herein, the provisions of the territory of Poland shall apply.
3. These Terms of Service shall enter into force as of 2 August 2016.
4. The Owner of the Website may amend the Terms of Service due to important reasons. Amendments may be dictated by changes related to technological, legal, economic or organizational business activities conducted by the Owner of the Website, as well as changes in the structure or content of the Website or offer of the Owner of the Website. Any amendments to the Terms of Service shall be communicated to the Users on the Website and shall come into force as of the date of notification of amendments to the Users, including through publication of the Terms of Service in new form on the Website, with notification of content and amendments.
5. The Registered Users are notified of the amendment to the Terms of Service also via e-mail and have 14 days as of the date of notification to terminate the agreement for use of the Website by liquidation of the User Account or termination as of the date specified in the Terms of Service, if they do not consent to the amendments. Account liquidation or termination of the Website Use Agreememt due to changes in the Terms of Service does not entitle the User to claim any refund of Fees for the use of the Website or any other requests for reimbursement of fees or other compensation.
6. For the avoidance of doubt, it is stated that a change to the Price list does not constitute a change to the Terms of Service. A Price list change does not affect the amount for Fees for the use of the Website for Billing periods prior the change.