These Regulations are the contractual model and define terms, conditions and means of providing the Service by the Service Provider on behalf of the User.
- The terms used in these Regulations shall be understood as:
- Data Administrator / Service Provider - 3DBinPacking.com with its seat in Lubin (59-300), ul. Jana Matejki 18, Polish NIP (TIN): 6922006037.
- Regulations - this document;
- Website - http://3dbinpacking.com
- Service / 3D Bin Packing™ - a service provided with the use of electronic way via the Service by the Service Provider on behalf of Users in accordance with the law requirements defined in these Regulations;
- Agreement - an agreement for providing services concluded between the User and the Service Provider under the terms of these Regulations;
- User - a natural person with full legal capacity and running their own business on its own behalf, a legal person, an organizational unit with no legal personality, which, according to the law is able to conclude an agreement for providing electronic services via electronic way with the Service Provider;
- User Application - the unit installed by the User on their server that allows to send and receive requests between the User’s and Service Provider’s Server. The way of configuring the application is described in the documentation available on the website: http://3dbinpacking.com/en/products;
- Registration Form – the form filled out by the user in order to register on the Website;
- API – the method, of strict rules and their descriptions, in which occurs the communication between the application and Service. User can download their unique API key through their Account;
- Username - the unique User identifier;
- Password - a unique series of digits that meets technical requirements imposed by the Service Provider, selected by the User, in order to authorize access and security of the Account against access to the content by unauthorized persons;
- Account - a collection of resources and settings stored in the database for the user of the Service Provider within the use of the 3D Bin Packing™. It is possible to access the account from the User level after giving the correct Login Name and Password.
- Account Activation - real act that conditions the conclusion of the Agreement between the Service Provider and the User, then from the moment of clicking the activation link sent by the Provider to the User’s e-mail address;
- Software – an author’s script owned by Service Provider, provided to the User by the API, in order to optimize the method of packing;
- Newsletter - an electronic form of the newsletter sent out by the Service Provider to Users who have agreed to receive it;
- Pricing - price list for the providing Services that is an integral part of the Agreement. Price list is attached in the form of Appendix 3 to these Regulations;
- Settlement Period - the period of one calendar month, which is the basis for the settlement of User’s obligations with respect to the Service Provider. The period is counted from the 1st to the last day of the month;
- Subscriber Fee – it is the fee for using the Service in accordance to selected User’s Package, calculated down-front of each Settlement Period;
- Package – the form of providing Services selected by the User;
- SLA Agreement - the document that sets out the obligation of the Service Provider in terms of guaranteed level of performance and / or the Service which is an integral part of the Agreement. The SLA is attached in the form of Appendix 3 to these Regulations;
- REST - a pattern imposing good behaviour toward creating the architecture of dispersed applications;
- External Payment Gateway – the external service, which is independent to the service provider, through which payment is made for using a subscription plan;
- Force majeure - an event of an accidental or natural (spontaneous) character, on which the Service Provider has no influence (eg. fire, explosion, power failure, earthquake, flood, cloudburst, riots, military or civil actions, war, terrorism acts, including cyber-terrorism, actions and / or omissions from the telecommunication networks providers side, other fortuitous events);
- cookies - small pieces of information sent by a www server and being saved on the User’s side;
- e-mail address – address of electronic post (valid e-mail address).
- The condition for providing Service is to read and accept the provisions of these Regulations.
- 3D Bin Packing™ is provided exclusively on behalf of the business entities.
- The due time for Service Provider is UTC+1:00.
- These Regulations enters in force since 13th of February 2016.
The range and type of the Service
- The service is firstly a simulator and simultaneously an optimizer of packing the packages.
- We are aware of the fact that it is important to maximize the use of the package area and how difficult it is to write an algorithm that helps to solve this problem. Designed by our software allows the simulation and optimization of packaging.
- Operational speed of the Service enables to present the results in real-time and to generate graphics that presents the method of packaging objects with parameters specified by User.
- A detailed description of the 3D Bin Packing™ functionality is located at: http://3dbinpacking.com.
- The provided Service is payable and continuous by nature.
- After logging into the Service we are able to verify the integration of 3D Bin Packing™ with User’s application with help of test packaging configuration.
- In order to make the packing simulation it is necessary to send a properly prepared request to the server using the Service Provider, using API. In response User receives properly formatted response (documentation is available on the website: http://3dbinpacking.com/en/products).
- For proper operation of the Service it is required to use the device connected to the Internet with the User’s application that has a code implementation, which enables to communicate with the server of Service Provider. The implementation of this code is up to the Service User.
- Support and technical assistance is provided by the Service Provider via e-mail: email@example.com and / or through the contact form located on the website: http://3dbinpacking.com/en/contact.
- All the detailed principles of technical assistance are defined in the SLA.
Conclusion of the Agreement
- User is required to register with the Website in order to conclude the Agreement. It is also due for them to fill out the Registration Form and accept the Terms and Conditions. Entering incorrect e-mail address precludes effective completion of the registration process.
- User is obliged, in the course of registration, to provide their true personal data or business data, which are consistent with the facts and legal status (in the event of subsequent changes to the data, the User is due to immediately update them by giving actual data on their Account).
- The conclusion of contract occurs upon activation through Account Activation by Service Provider and noticing the User via electronic way, with the use of the e-mail address that was given in the Registration Form.
- The contract is concluded for an unspecified period.
- The selection of a subscription plan by the user determines the launch of services provided by the Service Provider and charging for using a particular subscription plan and appropriately calculated additional fee for exceeding the limit of a plan.
- Only the User that is logged in on the Website can choose their Package.
- A detailed list of packages is located in the Price List.
- Package selection is binding for the Service Provider and for the User.
- The package selected by the User is renewed periodically with the beginning of a new Settlement Period.
- Unused resources in the Package do not pass to the next Settlement Period.
- The user can change Subscription Plans during the term of the agreement and change payment methods.
- During the term of the agreement, the User makes payments with the use of one of External Payment Gateways chosen by him:
- single payments are provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. („PayPal”). The rules of using single payments and rules of processing them defines the document you can find at the following URL address: https://www.paypal.com/pl/webapps/mpp/ua/servicedescription-full?locale.x=pl_PL ,
- single and automatic credit card payments are provided by PSP POLAND Public Limited Company. The rules of using payments and the rules of their processing are defined in a separate regulation, available at: http://espagobill.com .
- While paying for a subscription plan with the use of automatic credit card payments requires inputting the data about the card according to the External Payment Gateway (the Service Provider does not process this data). User' card is charged automatically on the grounds of invoices, until the User does not switch off this option in his account.
- Payments for using the Service are calculated in the form of a Subscription Fee, appropriate for a particular Plan. In case of exceeding the limit of the plan by the User, the Service Provider automatically charges additional fee.
- The fee is determined in the Price List.
- All fees are charged in accordance with the Settlement Period and presented in a VAT invoice.
- Service Provider invoices the VAT documents electronically at the end of the Settlement Period, and User agrees on that.
- In case of a Plan change, which is mentioned in Art. 6 no. 6 of the Regulations, currently used Plan is replaced with a newly chosen. The settlement is calculated with reference to the new Subscription Fee and payment method, as the limit for this Plan is exceeded, additional fee will be charged.
- User has the right to suspend their account on the Service free of charge and for an unspecified period. In that case, the service is provided by the end of next Settlement Period. With the end of the Settlement Period User’s API ceases to be active and further continuation of providing the Service is suspended. The user can at any time hang up their Account, and thus re-start using the Services.
- The User, whose account has been blocked, is obliged to pay a fee under the terms of Art. 9 points. 1c of these Regulations, under pain of lawsuit against them for the damage caused;
- In the event of termination of the Agreement, the Service Provider issues a VAT invoice taking into account the Subscription Fee for the last Settlement Period, and if the user has exceeded the Package limit, it also charges an additional fee.
Rights and obligations of the User
- User has the right to:
- manage their Account (edit data provided by themselves, to suspend and restore the account, and then downloading the generated API key);
- submit ideas for implementation of new functionality to the Service. The Service Provider is open to any ideas of expansion of 3D Bin Packing™ and because of this it encourages communication via the contact form on the Website: http://3dbinpacking.com/en/contact;
- direct queries to technical assistance;
- obtain information from the Service Provider at least 6 months in advance about the planned sale of the Service to the third person or other assignment of rights, and to obtain information 6 months in advance from the Service Provider, in case of planned liquidation;
- the guarantee that the prices in the price list will remain unchanged in the term of 1 year, counting from the day of Service sale by the Service Provider to the third person or other assignment of rights;
- the guarantee of dissolving the Agreement by the Service Provider, according to Art. 12 No. 2 of the Regulations;
- request non-exclusive licence for the Software installed on the User’s server, solely in case of annoucing bankcruptcy or liquidation by the Service Provider;
- terminate the Agreement at any time.
- User agrees to:
- use the data / the business data to which User has the full right to use them;
- check beforehand whether it meets or not the technical requirements set out in Art. 4 of these Regulations;
- make timely payments owing for using the Service;
- pay statutory interest due on demand of the Service Provider in the case referred to in art. 9 points 1c;
- not to use 3D Bin Packing™ in such a way to disrupt both the work of Service and providing Service;
- use the Service according to its intended purpose;
- initiate the complaint procedure in the event that the Service Provider provides the Service improperly or does not provide it to the User.
- The rights and duties instituted to the User in respect of the conclusion of the Agreement cannot be transferred to other entities and / or individuals without knowledge and consent of the Service Provider. That means that the user cannot transfer / sell / dispose of their accounts to another entity. The Service Provider is the sole entity authorized to establish any new User Accounts and provide them to each User Service.
The rights and obligations of the Service Provider
- Service Provider has the right to:
- inform Users via electronic means about new functionalities of 3D Bin Packing™;
- use technical interruptions in the operation of the Service or the Software for its maintenance, modification and modernization under the terms defined in the SLA;
- block User Accounts due to the lack of settling fees for using the Service. The Service Provider inform the User with the use of electronic means and within seven days since the start of the new Settlement Period about all of the due arrears. Within 7 days from the date of receiving the notice, the User Account is blocked. Service Provider issues VAT invoice as taking into account the Subscription Fee for full Settlement Period, and if the User has exceeded the Package limit, there is also charged the additional fee;
- the accrual of interests in case of User’s delay in payments, late payment at the statutory rate for each day of delay, starting from the day following the date of expiry of the deadline set for settling the payment;
- block the User's Account in case of the absence of receiving the clarification, when User:
- violates and / or violated the law and / or these Regulations;
- takes and / or took actions that threaten the security of the Service;
- acts and / or acted to the detriment of the Service Provider or / and of other Users (e.g. as a result of using other people's data or transfer the account to a third party). The provisions of art. 9 p. 1c shall respectively apply.
- terminate the Agreement in accordance with Art. 12 of the Regulations.
- Service Provider obliges itself to:
- make every effort to ensure the proper provision of Services in permanent and uninterrupted way, which is referred to in the SLA.
- inform the User, at least 6 months in advance, about the planned sale of Service to the third person or other assignment of rights, and to obtain information 6 months in advance from the Service Provider, in case of planned liquidation;
- guarantee that the prices in the Price List will remain unchanged in the term of 1 year dated from the day of the sale of Service by the Service Provider to the third person or any other assignment of rights;
- guarantee to dissolve the Agreement by the Service Provider, according to Art. 12 No. 2 of the Regulations;
- start negotiations on obtaining non-exclusive licence for the Software installed on the User’s server, in case of annoucing bankcruptcy or liquidation by the Service Provider.
In case when logging into the account, User notices changes which has not previously been informed by the Service Provider, for example, changing of the interface, unheard messages and icons, the Service Provider recommends that User may discontinue the use of the account and contact technical assistance.
The Service Provider shall not be responsible for:
- The User is fully responsible for their actions related with the use of the Account.
- The Service Provider makes every effort to protect the Website and the Service they provide before the occurrence of any side effects. Service Provider recommends users:
- using software that secures the device connected to the Internet and that protects the identity of people using the Internet;
- avoiding the use of the Service and the Website using public internet access network (eg. public WiFi) and random equipment; avoiding to store login and passwords in the web browser;
- using not the same Login and Password when using the Account;
- setting passwords other than the obvious phrases such as "admin"; "Qwerty" "name of the company1" etc.
The Service Provider has no influence on how the User manages their Account, and do not modify the data entered by the User.
The Service Provider is responsible for the faults of theirs and profits that have been lost, resulting from the failure and / or improper executing of the Agreement to the amount enlisted in the Subscription Fee in the month of fault. After noting the damage the User is obliged to make a complaint. The absence of the claim or making it after the deadline prevents making claims in any form in the future.
In the Website there may be links directing to websites belonging and managing by third parties. The Service Provider is not responsible for the availability and the quality of these websites.
- incorrectly entered data by the User at the registration stage;
- User’s lack of access to the Internet or limitations on its availability;
- limitations and / or User’s software, or equipment malfunctions, which are the basis for the use of the Website or the Service;
- damages and profits that have been lost by the user, which were caused as a result of disclosure of the password to the User Account, by their fault;
- damages and profits that have been lost by the user, which were caused by acts or omissions of theirs, in particular through the incorrect configuration of the User’s application;
- damages and profits that have been lost by the User, which violated the law or the provisions of these Regulations, and to whom the Service Provider has blocked the account;
- damages and profits that have been lost by the User, which were caused by the action and / or omissions of third parties not bound with the terms of the Agreement, and which were not dependant on the Service Provider;
- damages and profits that have been lost by the User, which were caused as a result of force majeure;
- processing the data, including the personal data reffering to using External Payment Gateway by the User;
- damages and profits that have been lost by the User a result of transfer of personal details to authorized entities on the basis of the relevant law provisions for the purpose of their processing.
- Complaints should be submitted within 30 days from the date of noticing the damage (eg. malfunction operation of the Service) electronically via the contact form on the website: http://3dbinpacking.com/en/contact. The notification shall indicate:
- Possibly most accurate description of (including the time and place of occurrence);
- Possible instruction how to resolve the complaint;
- If the complaint relates to an error in the invoice, please let us know its number.
- Taking the complaint into consideration follows as soon as possible, no longer than 30 days.
- The date of making the complaint shall be the date of receiving the claim by the Service Provider.
- Making a complaint, does not affect lasting of the Settlement Period or the process of providing the services. In the event that the performing the Service was impossible because of the Service Provider, then the Subscriber Fee is not charged.
Termination of the Agreement
- The Agreement can be terminated by the User at any time, however, with the result at the end of the settlement period.
- The agreement can be terminated by the Service Provider in case of due payments or breaching the provisions of the Regulations by the User, however, accordingly to the occurred situation at the end of the settlement period (due payments) or immediately (breaching the Regulations). In case of the immediate termination of the Agreement, User’s Account is deleted and the User is obliged to pay the remuneration for the whole settlement period, including the last, that has been started by the User.
- The User should log on into the Website in order to terminate the Agreement from the point of their Account and choose the option to remove the account. The Service Provider will send an e-mail informing the User to confirm the want of deletion of the account by clicking a link mentioned there. When Activating that link the Agreement is terminated.
- The Service Provider terminates the Agreement by sending appropriate information including the reasons of termination to User's email.
- The termination of the Agreement is tantamount to discontinuing providing Service and deleting User’s Account after the Settlement Period is ended, subject to paragraph 2 hereinbefore.
Personal Data Protection
- Data Administrator ensures the security of personal data provided by all Users. These data are protected and secured against the access of unauthorized persons. Access to the account is encrypted.
- The service of payments takes place out of Service. The personal data and/or credit card data, needed to make payments in Service, are saved in the IT system which is managed by the External Payment Gateway.
- User’s personal data are processed:
- in accordance with the provisions on the protection of personal data, in particular in accordance with the Law of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002 No. 101, item. 926, with further amendments) and implementing acts to that Act;
- the scope and purpose that are necessary to create and shape the content of the Agreement, its change or termination, and the proper implementation of the Services which are provided with the use of electronic channels.
- User’s personal information (e-mail) can be processed for fulfilling legal objectives, that are executed by Data Administrator, which do not violate the rights and freedoms of the person they relate to (eg. information of new 3D Bin Packing™ functionalities).
- User has the right to access the personal data processed by the Data Administrator as well as the right to amend them at any time.
- Data Administrator reserves the right to share personal information and any other details to authorized entities under applicable rules (eg. law enforcement agencies).
- Removal of personal data may occur due to:
- the termination of the Agreement;
- withdrawal of consent or making legally permissible opposition to the processing of personal data.
- Service Provider stipulates that they store User’s data for the period of time required by law, within the scope and purpose necessary for the purposes of any future claims between the Agreement’s parties or in connection to the law, which they are obliged to comply with (eg. tax laws).
- Service Provider does not share personal information with no other entities than authorized under the relevant provisions of the law.
Intellectual Property Rights
- All rights for Software and Service belong to the Service Provider. The Service Provider enables Users to use 3D Bin Packing™ through API.
- It is not permissible to use the Website and Services in the way that violates rights of the Service Provider. In case of noticing such violations of intellectual property law, the Service Provider shall take appropriate legal steps directed against the infringer.
- 3D Bin Packing™ is the name of one of the products the Service Provider offers. Both the website: http://3dbinpacking.com and the logo shown on the Website which operate in trading and used by the Service Provider without time and space limitations.
- It is forbidden to distribute any parts of the Service, especially the logo of 3D Bin Packing™ without the written consent of the Service Provider.
- Service Provider provides the content of Regulations through the website: http://3dbinpacking.com/regulations. Terms can also be produced otherwise, the individual request of a person when it has problems from displaying or reading the Rules. To do this, please contact Support: firstname.lastname@example.org.
- Service Provider reserves the right to make changes in these Regulations. Every document is the date on which its provisions apply.
- User will be notified about every significant change of the Agreement, at least 14 days before the new Rules becomes in force of. The service provider will send the relevant message to the e-mail user.
- In the situation referred to above, User has the right to terminate the Agreement at the time of the new Rules are planned to enter into force. The lack of making notification of a desired termination of the Agreement or lack of its termination shall be deemed as consent to the provisions of the Agreement, on terms consistent with the new Regulations.
- Every new document of these Regulations shall be effective with the beginning of a new Settlement Period.
- The change of the range and/or kind of Service, which is not supposed to breach the Regulations, does not constitute a substantive amendment of conditions of the Agreement.
- For issues not regulated in these Regulations, the relevant provisions of Polish law are in force.
- In the event of change and / or cancellation due to a final court judgment of any of the provisions of these Regulations, the remaining provisions shall remain in power.
- Service Provider declares its willingness to resolve any disputes in a conciliatory way.
- Any disputes between the Service Provider and Users shall be settled by the court competent for the seat of the Service Provider.
- The Appendices to these Regulations are an integral part of the Agreement.
Appendix no 2: The SLA Agreement
Appendix no 3: http://3dbinpacking.com/en/pricing