Terms of Use

TERMS OF USE

1. Introduction & definitions

1.1. Definitions

1.1.1. Terms of Use: means these terms of use.

1.1.2. Privacy Policy: the document that describes how Service Provider collects, uses, processes, and protects personal data of Users in connection with Application - available at Privacy Policy.

1.1.3. Agreement: Terms of Use together with Privacy Policy (and other related documents), which govern the relationship between Service Provider and User.

1.1.4. Application: "NotiCord" application, a cloud-based software solution developed by Service Provider to enable integration between Discord platform and Notion workspace, described in Section 2 of Terms of Use.

1.1.5. User: any business entity or organization that purchases, accesses, or uses Application for business purposes.

1.1.6. Personnel: affiliates of User to whom User grants access to Application after its legal acquisition in accordance with Terms of Use. Specifically: employees and associates regardless of the type of agreement linking the associate to User, and other entities to whom User grants access to Application in accordance with Terms of Use.

1.1.7. User's Client: User's client, to whom User grants access to Application and individuals on the User's Discord servers.

1.1.8. Service Provider: Łukasz Wiatrak, doing business as "Łukasz Wiatrak Firnity", a sole proprietorship with its registered office at ul. Zamknięta 10, lok. 1.5, 30-554 Kraków, Poland, having Tax Identification Number (NIP): 5130127144 and Statistical Number (REGON): 520124248, who owns and provides Application.

1.1.9. Discord: Discord Inc., its subsidiaries, and related companies. When used in these Terms, Discord Services refers to Discord's - depending on the context - services, applications, websites, and other products that may interact with Application.

1.1.10. Notion: Notion Labs Inc., its subsidiaries, and related companies. When used in these Terms, Notion Services refers to Notion's - depending on the context - services, applications, websites, and other products that may interact with Application.

1.1.11. Stripe: Stripe, Inc., a Payment Service Provider through which subscription payments for the Application are processed. Stripe acts as an independent controller for cardholder and transaction data and may act as a processor for limited subscription metadata. Stripe's terms and privacy notices govern payment processing and are separate from these Terms.

1.1.12. Auth0: Auth0, Inc. (a subsidiary of Okta, Inc.), an authentication and authorization platform used by Application. Auth0's terms and conditions govern the authentication services and are separate from these Terms.

1.1.13. Subscription: the arrangement under which User is granted access to Services, especially to Application functionality and license for a specified period, subject to the payment of fees as set out on Application's website or in separate agreements.

1.1.14. Billing Period: monthly or annual period, in which User pays Subscription fees in exchange for Subscription.

1.1.15. Personal Data: any information relating to an identified or identifiable natural person, as defined under GDPR, that is processed through Application in connection with User's use of Application.

1.1.16. Services: Application and any related services provided by Service Provider, including especially support and feedback mechanisms.

1.1.17. 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).

1.1.18. Customer Marks: any word mark, logo, trade name, service mark or other trademark owned or validly licensed by the User (or its ultimate parent company) that identifies the User's business.

1.1.19. Sub-processor: any processor engaged by the Service Provider to process Personal Data on the User's behalf in connection with the Services (e.g., hosting, authentication, email delivery).

1.1.20. Third-Party Platforms: external services selected and controlled by the User (e.g., Discord, Notion) that the Application interoperates with. They are not Sub-processors of the Service Provider. Their role (controller or processor) vis-à-vis the User is governed by the User's own agreements with those platforms.

1.1.21. Payment Service Provider: a third-party provider that processes payments for the Services (e.g., Stripe). For clarity, Payment Service Providers act as independent controllers for cardholder and transaction data and are not Sub-processors of the Service Provider.

1.2. Purpose of Terms of Use

Terms of Use govern the access to and use of Application by Users. Application is developed and provided by Service Provider. All persons using Application must read Terms of Use available on the relevant website of Service Provider at any time, without payment of any fees. Terms of Use may also be downloaded and printed.

1.3. Acceptance of Terms of Use

By authorizing the Application through Discord OAuth, User agrees to be bound by Terms of Use and Privacy Policy. If User does not agree to Terms of Use, they must not authorize or use Application. User represents and warrants that they have the authority to bind their organization to Terms of Use. User is responsible for compliance with Terms of Use by Personnel and User's Clients.

1.4. Scope and applicability

Terms of Use apply exclusively to Users purchasing or using Application for business purposes. If Application is purchased or used by an individual, they will be deemed to be acting on behalf of a business entity and will be subject to Terms of Use as a business User.

1.5. Complete Agreement and additional documents

Terms of Use, together with Privacy Policy, constitute the entire Agreement between User and Service Provider with respect to the use of Application. These documents are incorporated into Agreement by reference and are available on Service Provider's website.

The Marketing Reference Licence set out in 4.9 is deemed accepted upon the User authorizing the Application through Discord OAuth.

1.6. Acceptance of other regulations

Before using Application, User must accept not only Terms of Use, but also the regulations of Discord and Notion, especially Discord's Terms of Service and Notion's Terms of Service. User is responsible for compliance with those regulations by Personnel and User's Clients.

2. Use of Application

2.1. Access to Application

2.1.1. Application is available to purchase and use directly via Service Provider's website at https://app.noticord.com. Application is accessible without any territorial restrictions, although it requires reliable Internet connectivity and the ability to make payments through Stripe payment processor. We are not liable for third-party outages.

2.1.2. Application is available for a payment (Subscription requirement). Service Provider provides a free 14-day trial period in accordance with Service Provider's policies.

2.2. Who can use Application?

2.2.1. Application is available to business entities only. Individuals (non-business individuals) cannot use Application as Users. User is entitled to grant access to Application to Personnel and User's Clients. If an individual would like to purchase Application, they should contact Service Provider individually.

2.2.2. Application is not dedicated to consumers, individuals and natural persons who does not carry a business activity. According to Terms of Use Agreement can be concluded only between Service Provider and entrepreneur in the meaning of Article 431 of polish Civil Code (pol: Kodeks Cywilny), who holds a tax number, especially in particular company or a sole proprietor. By installing you represent that you are acting in a business capacity.

2.2.3. By using Application (concluding Agreement) User declares that User is at least 18 years old, have full legal capacity and authority to act on behalf of entrepreneur described above.

2.2.4. Individuals may use Application only after User grants them access to Application after purchasing it according to Terms of Use. User can grant access to its Personnel or User's Clients. The number of people it can grant access to depends on the scope of the Subscription that User has purchased. User agrees to implement and maintain reasonable security measures, such as strong passwords and two-factor authentication where applicable. User must immediately notify Service Provider of any suspected or actual security breaches, unauthorized access, or misuse of Application.

2.2.5. Any individual purchasing or using Application (other than under the terms of Section 2.2.4.) will be deemed to be acting on behalf of a business entity.

2.3. Requirements for using Application

2.3.1. Using Application requires from User declaring that he/she has read Terms of Use and Privacy Policy, acceptance follows by authorizing the Application through Discord OAuth. User may not share Application with other parties than Personnel and User's Clients, especially different business entities.

2.3.2. To use the Application, User must have:

Discord account with administrator permissions on at least one Discord server (guild),
Notion workspace with appropriate permissions to authorize Application's access to databases and pages,
Valid payment method for subscription billing through Stripe. Access to these third-party services and applications is governed by their respective terms and conditions, and the Service Provider does not supply these accounts or subscriptions.

2.3.3. In order to use Service, it is necessary to connect User's device to the Internet. The costs of data transmission required for downloading, installing, launching and using Application are borne by User on his/her own under agreements concluded with telecommunications operators or other Internet provider. Service Provider will not be responsible for the amount of fees charged for the use of data transmission necessary to use Application.

2.3.4. User is responsible for ensuring that all data entered or managed through Application is accurate, lawful, and does not infringe on the rights of any third party. User will not use Application to upload or store any unlawful or unauthorized content.

2.3.5. Service Provider reserves the right to modify, update, or discontinue Application or any part of it at any time, with or without notice to User. Such changes may be necessary to improve performance, comply with legal requirements, or enhance security. User agrees that Service Provider will not be liable for any modification, suspension, or discontinuation of Application.

2.4. Scope of Services

As part of Agreement, Service Provider provides Services, in which it primarily provides access to the functionality of Application and provides other Services.

2.4.1. Application features

NotiCord integrates Discord platform with Notion workspace, enhancing communication and collaboration by:

Sending real-time Notion updates and notifications to Discord channels,
Allowing the creation of Notion tasks and pages directly from Discord via slash commands,
Displaying interactive quick-action buttons in Discord for task status changes and assignments,
Enabling automatic notifications when Notion pages are created, updated, or when task statuses change,
Providing configurable notification rules to route specific Notion database events to designated Discord channels,
Linking Discord user identities with Notion user accounts for personalized mentions and task assignments.

2.4.2. Other Services

Service Provider provides support and feedback services. For technical assistance or support, User or User's authorized use of Application Personnel and User's Client may contact Service Provider by email at contact@firnity.com.

3. Terms and conditions of electronically provided services

3.1. Requirements to use Application

Application is available to all users of devices that allow the use of Discord, Notion and web browsers, and who meet the technical requirements indicated below. Use of Application requires complying with Agreement and other relevant regulations (in particular, Discord's and Notion's rules and regulations) to access and run it properly on the above device.

3.2. Technical requirements

To use the Application effectively, the User's device and environment should meet the following requirements:

a device (computer, laptop, tablet, or smartphone) with stable Internet access, running a commonly used operating system (e.g., Windows, macOS, Linux, iOS, Android);
minimum recommended screen resolution: 1280x720 pixels;
an updated web browser (MS Edge, Google Chrome, Mozilla Firefox, Safari, or Opera) with JavaScript enabled and cookies allowed (preferably not older than three major releases);
access to Discord platform (including Discord server with administrative permissions) and Notion workspace with appropriate access rights;
an active email account to receive notifications and support information;
software capable of viewing provided documentation (e.g., PDF reader if files are in PDF format).

3.3. Internet access

Application operates in on-line mode, i.e. when Internet access is enabled on User's device. However, Service Provider does not guarantee the timeliness and correctness of these functionalities during their operation in off-line mode.

3.4. Prohibited activities

It is prohibited, in the use of Application, for User to provide content of an unlawful nature, violating the personal rights or copyrights of third parties, or violating in any way the applicable social norms and customs, rules of social coexistence on the Internet (netiquette). In particular, it is prohibited to:

3.4.1. propagating totalitarian regimes, symbols associated with them, inciting hatred or committing a crime;

3.4.2. posting vulgar content, or content containing vulgarisms, or content generally considered offensive;

3.4.3. posting and using the personal information of others and their images without an appropriate basis;

3.4.4. providing malicious software;

3.4.5. posting content that promotes the use of drugs, psychoactive substances, promotes alcohol abuse or gambling, or any other behavior that is prohibited to promote;

3.4.6. acting in the nature of spamming, as well as having the characteristics of an act of unfair competition or unfair market practice;

3.4.7. posting content that undermines the good name or reputation of Service Provider or third parties;

3.4.8. posting links to sites and files containing the content indicated above;

3.4.9. posting content that violates the intellectual property rights of third parties.

3.5. Prohibition of testing

It's not permitted to conduct any penetration tests, security tests, security breach attempts or hacking activities in relation to Application.

3.6. User's responsibility

User is responsible for any content posted by him/her in Application.

3.7. Consequences of violations

In the event that User violates any point of the Terms of Use or generally applicable laws, Service Provider may take any action permitted by law, including restricting User's ability to use Application and Services provided through it.

In the event that User posts content in Application that is prohibited by law or Terms of Use, Service Provider will be entitled to remove such content, and to terminate Agreement on that basis with immediate effect.

3.8. Notification of dangers

Service Provider hereby informs that the use of services provided electronically via the Internet involves risks. The main risk is the possibility of infecting the ICT system with so-called viruses, worms and Trojan horses. To avoid the risks associated with this, it is recommended that Internet users install anti-virus software on your device and keep it updated.

3.9. Separate regulation of additional services

Service Provider reserves the right to make regulations for specific services separate from Terms of Use.

3.10. User's responsibility for the compliance of the actions of Personnel and User's Clients

User is responsible for compliance with the above regulations by Personnel and User's Clients.

4. Licenses and intellectual property rights

4.1. License

The Service Provider grants User a time-limited, non-exclusive, non-transferable, paid, worldwide license to use Application under the conditions described below.

4.2. Fields of exploitation and purpose of license

Service Provider grants User the license for the following fields of exploitation:

4.2.1. reproduction of Application in the cache memory of the device enabling the use of Application;

4.2.2. use of Application by User to the extent specified in Terms of Use under the license granted.

User is entitled to use Application in the above fields of exploitation only in purpose to:

4.2.3. use the functionality of Application in accordance with Terms of Use;

4.2.4. granting access to Application to Personnel and User's Clients.

4.3. Under the license granted, User is entitled to use Application in accordance with Terms of Use, under the terms and conditions specified below:

4.3.1. User is obliged to use Application for the use of his/her own organization, only in accordance with its purpose and functionalities, as well as in a manner consistent with the provisions of generally applicable law and good morals;

4.3.2. it is prohibited to use Application to commit any illegal activities;

4.3.3. Service Provider does not agree that User may make any changes, additions, adaptations or alterations to Application, further translations, reverse engineering, decompiling, disassembling and breaking the source code of Application. User is obliged not to perform actions aimed at creating computer programs based on Application with a similar purpose or function as Application;

4.3.4. Service Provider does not agree that User uses in relation to Application viruses and other code or instructions aimed at distorting, deleting, damaging, disassembling Application;

4.3.5. The Service Provider does not agree that User may remove, cover or alter any copyright or other proprietary rights notices contained in Application.

4.4. Duration of the license

The license is granted only for the duration of Agreement between the parties. License will terminate when Agreement comes to an end pursuant to Section 8 of Terms of Use - in particular, when Subscription expires.

4.5. License payment

The license fee is included in Subscription fee.

4.6. License limitation

Service Provider grants this license only to the extent necessary for the use of Application by User. This means that it is the consensual goal of the parties to limit the scope of the license only to the minimum necessary to allow use of Application in accordance with Terms of Use.

4.7. Service Provider's intellectual property rights

The contents and structure of Application are protected by copyright. The reproduction of data or information, in particular the use of the code of Application or the works placed in Application (including the text of Terms of Use and Privacy Policy), as well as fragments thereof, in cases other than those expressly permitted by law or Terms of Use, without the consent of Service Provider, is prohibited. Also prohibited is any decomplication of the code of Application, reverse engineering and similar actions to familiarize and use the code of Application.

It is prohibited to use in any way Service Provider's trademarks or other trademarks on Application. All trademarks, including the name and logo of Application are subject to legal protection under applicable common law.

The User will not, without the prior written consent of Service Provider or other competent entities, be authorized to record, reproduce or distribute the intangible property referred to in the first sentence above, in whole or in part, by any means and in any form.

4.8. Liability

User is responsible for ensuring that Personnel and User's Clients comply with the provisions of this Section. For violations thereof, User is liable to Service Provider as if it were its own.

4.9 Marketing Reference Licence

4.9.1. Licence grant. For the Term of the Agreement and for twenty-four (24) months thereafter, the User grants the Service Provider a world-wide, non-exclusive, royalty-free licence to use, reproduce and publicly display the Customer Marks solely for the purpose of identifying the User as a customer of the Application in:

the Service Provider's public website(s) and landing pages;
slide decks, case-studies, social-media posts and other non-paid marketing or investor material.

4.9.2. No endorsement implied. Use of the Customer Marks must not suggest that the User endorses the Application or the Service Provider beyond being a customer.

4.9.3. Opt-out / withdrawal. The User may object to, or withdraw, this licence at any time by written notice. The Service Provider will cease the challenged use within thirty (30) days of receiving the notice (or such shorter period as is commercially reasonable for online media).

4.9.4. Warranties. The User represents that it owns, or otherwise has the right to license, the Customer Marks and that the Service Provider's permitted use will not infringe the rights of any third party.

5. Payments

5.1. Subscription

Payment for the use of Services (in particular, access to Application) and the granting of a license to use Application as described in the Section 4 of Terms of Use is made by purchasing a Subscription. There is monthly or annual Subscription available. User is eligible for support and automatic version updates as long as chosen Subscription is active.

When Subscription renews each Billing Period, User is automatically billed for Application based on the subscription tier User chose. Changing the subscription tier is possible in the next unpaid Billing Period.

Subscriptions are processed through Stripe payment platform. Payment processing, billing, and subscription management are handled through Stripe's secure payment infrastructure.

5.2. Scope of Subscription

As a part of Subscription User gets access to Services. After purchasing Subscription User can grant access to Application to Personnel and User's Clients. The scope and limitations of each subscription tier are as follows:

Starter Tier ($19/month):

1 Discord server
1 Notion workspace
1,000 notifications per month
10 notification rules
Unlimited users within the connected server

Additional subscription tiers (Pro, Business, Enterprise) with higher limits may be available. Current subscription tiers and details are described on Application's pricing page.

5.3. Purchase and payment for Subscription

User may purchase monthly or annual Subscription. This means that User will be charged every Billing Period, respectively. Subscription fee may include, but are not limited to, subscription fees based on the subscription tier that User will purchase or the duration of access. All fees are charged in accordance with the pricing and terms specified on Service Provider's website at the time of purchase or renewal. The price is available on Application's pricing page at https://noticord.com/pricing.

Payment for Subscription is processed by Stripe, Inc., a third-party payment processor. Service Provider uses Stripe to handle all payment transactions securely.

User agrees to comply with the payment terms and conditions of Stripe, including those relating to payment methods, billing cycles, and the handling of payment information. Service Provider is not responsible for any errors or issues arising from the payment processing conducted by Stripe. User agrees to provide accurate and complete payment information and to keep this information updated as necessary. All payments are due in advance and are non-refundable, except as explicitly provided in Terms of Use or as required by applicable law.

5.4. Taxes and charges

The fees listed on Service Provider's website do not include any taxes, levies, or duties imposed by taxing authorities. User is responsible for paying all such taxes, including, but not limited to, any VAT, sales tax, or other taxes applicable to the purchase or use of Application. If Service Provider is required to collect such taxes from User, they will be added to the total cost and invoiced to User accordingly.

5.5. Discounts

The Service Provider may introduce discretionary discounts or promotional programs from time to time. Such discounts will be communicated through Service Provider's website or other official channels.

5.6. Details of payments

Payment details, Subscription terms, discounts and other information related to payment terms are available on the pricing page at https://noticord.com/pricing.

5.7. Fee changes

Service Provider reserves the right to change the fees for Application at any time. Any fee changes will be communicated to User through email or other means, and will take effect at the next billing cycle. Continued use of Application after a fee change constitutes acceptance of the new fees. If User does not agree to change fees, he can terminate Agreement by cancelling Subscription. Failure to cancel Subscription within 30 days of notification of the change constitutes acceptance.

6. Liability

6.1. Limitation of Liability

To the maximum extent permitted by law, Service Provider's total liability for any claims arising from the use of Application will not exceed the amount User paid for Application in the last 12 months. Service Provider is not responsible for indirect, incidental, or consequential damages (such as lost profits or data) even if we knew they might happen.

6.2. Exclusions of Liability

The Service Provider is not liable for:

6.2.1. any issues, disruptions, or damages arising from Third-Party Platforms (including Discord and Notion) or Payment Service Providers (including Stripe), which are selected and controlled by the User. For clarity, this bullet does not apply to the Service Provider's Sub-processors (e.g., Microsoft Azure, Auth0); the Service Provider remains responsible for its data-protection obligations regarding Sub-processors as set out in the DPA.

6.2.2. possible damages and lost profits incurred by the User caused directly or indirectly by the operation, non-operation or malfunction of Application;

6.2.3. damages caused by User's failure to comply with the Terms of Use or different accepted initial regulations (especially Discord's and Notion's regulations) or illegal use of Application or the used device;

6.2.4. any loss of data, unauthorized access, or damages resulting from User's failure to implement appropriate security measures, such as strong passwords and access controls.

6.2.5. actions taken by User or the consequences of omissions in connection with the information obtained through Application;

6.2.6. any damages resulting from User's use of Application in violation of applicable laws or Terms of Use;

6.2.7. interruptions in the operation of Application, both for those caused by external factors and those caused by internal factors – in particular, if it is due to technical problems on the part of Discord or Notion;

6.2.8. non-performance or improper performance of services by telecommunications operators with whom User have entered into the relevant agreements;

6.2.9. non-functioning or improper operation of Application on a User device that does not meet the technical requirements;

6.2.10. interruptions in the operation of Application due to malfunctions caused by the malfunctioning of hardware, software or telecommunications links (data communications systems), the maintenance of which is not the responsibility of Service Provider;

6.2.11. loss of data due to failure of equipment, IT services or other circumstances beyond Service Provider's control;

6.2.12. content and materials placed in Application, in particular of an advertising or marketing nature, not originating from Service Provider, including those related to third-party products and services;

6.2.13. infringement of the rights of third parties by you or persons using Application under User's control using Application;

6.2.14. all consequences resulting from interception of User's access data to Application (e-mail, password) by a third party, if such interception occurred for reasons beyond Service Provider's control.

6.3. Indemnification

User agrees to indemnify and hold harmless Service Provider, its affiliates, and their respective officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

6.3.1. User's use of Application;

6.3.2. violation of these Terms of Use or applicable laws;

6.3.3. infringement of any third-party rights, including intellectual property rights and privacy rights;

6.3.4. any data or content provided by User through Application;

6.3.5. any claims, liabilities, or damages arising from data transfers to Third-Party Platforms (Discord, Notion) or Payment Service Providers (Stripe), including incidents within those platforms, except to the extent caused by the Service Provider's breach of this Agreement, the DPA, or applicable law.

6.4. Force Majeure

Neither party will be liable for any failure or delay in performing their obligations under these Terms due to circumstances beyond their reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, cyber-attacks, or regulatory changes. In such cases, the affected party will notify the other party as soon as reasonably practicable and use commercially reasonable efforts to resume performance.

6.5. No Warranty

The Application is provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Service Provider does not warrant that Application will be uninterrupted, error-free, or free of harmful components. User assumes all risks associated with the use of Application.

6.6. Third-Party Platforms and Data Transfers

By using Application, User acknowledges and accepts that personal data may be transferred between third-party platforms like Discord, Notion or other described on the list of Sub-processors. Application facilitates the integration between these platforms, enabling the transfer, processing, and modification of data on behalf of User. This includes the possibility of sending data contained in Notion to Discord and vice versa.

User agrees that Application's functionalities involve interaction with both Discord and Notion services, which may result in downloading, modifying, or processing information and data from these platforms on behalf of User.

Service Provider has no control over how such third-party platforms process, store, or secure this data after transfer. User assumes all risks associated with the transfer of data to these platforms and agrees that Service Provider is not responsible for any unauthorized access, misuse, or further processing conducted by these platforms.

7. Complaints

7.1. Right to make complaints

Users (or Personnel and User's Clients on behalf of User) may report any irregularities or complaints related to any of Application's functions to Service Provider's email address: contact@firnity.com or in hard copy to Service Provider's contact address: ul. Zamknięta 10, lok. 1.5, 30-554 Kraków, Poland

7.2. Information required in the complaint

The complaint should include:

7.2.1. designation of the person making the complaint, indicating the necessary data identifying User, including e-mail address (do not send the password) and the User's Discord server name and Notion workspace name;

7.2.2. designation of the functionality to which the complaint relates and a comprehensive indication of what the irregularity consists of.

7.3. Completion of the complaint

If the required information is missing, Service Provider may call on the complainant to complete it. During the complaint process, Service Provider may request additional explanations, documents or verification of the event subject to the complaint.

7.4. Complaint processing time

Complaints will be considered within 14 days from the date of receipt by Service Provider of a complaint containing all necessary data. Service Provider will promptly inform the complainant about the consideration of the complaint by e-mail or another identical channel.

7.5. Application of the complaint

This complaint procedure applies only to Application and not to related programs and applications such as, in particular, Discord or Notion.

8. Termination of Agreement

8.1. Types of termination of Agreement

Agreement may be terminated by:

expiration,
unilateral termination by Service Provider,
unilateral termination by User, under the terms described below.

8.2. Expiration of Agreement

Agreement is terminated by expiration:

8.2.1. after User's Subscription is expired;

8.2.2. if Discord or Notion's service provider no longer supports functionality of Discord or Notion necessary to function of Application;

8.2.3. if any of programs or applications necessary to use Application (especially Discord and Notion) is no longer available for use;

8.2.4. if Service Provider discontinues operation of Application.

8.3. Unilateral termination by Service Provider

The following actions will be considered a violation of Terms of Use and will constitute grounds for unilateral termination of Agreement by Service Provider:

8.3.1. violation of any of Discord's or Notion's rules and regulations, which User agreed to abide by when entering into Agreement;

8.3.2. non-payment of Subscription fee in the indicated date;

8.3.3. engaging any activities by User (or Personnel and User's Clients) that, in Service Provider's sole discretion, may cause harm to Application, its users, or the reputation of Service Provider;

8.3.4. using Application by User (or Personnel and User's Clients) to the extent inconsistent with the license granted (under Section 4 of Terms of Use);

8.3.5. compromising the security or integrity of Application or any associated services or programs;

8.3.6. violating the intellectual property rights of Service Provider or any third party;

8.3.7. involving illegal activities or misuse of Application;

8.3.8. violations of Section 3 of Terms of Use, in particular Section 3.4;

8.3.9. User's failure to perform its duties as a Personal Data Controller under GDPR; which prevent Service Provider from complying with data protection obligations;

8.3.10. other far-reaching violation Terms of Use (including other documents that form Agreement).

8.4. Unilateral termination by User

8.4.1. User is entitled to unilaterally terminate Agreement anytime by cancelling Subscription through Stripe Customer Portal or by contacting Service Provider. Upon cancellation, User's access to Application will continue until the end of the current paid Billing Period, after which the Subscription will not renew.

8.4.2. Canceling Subscription will prevent any further Subscription renewals from being processed. User's access to Application will remain active until the end of current Billing Period (Subscription).

8.4.3. Access to Application will be deactivated at the end of last paid Subscription period. Data retention follows the policies outlined in the Privacy Policy. Event log data will be retained for 30 days for quota audits and debugging. Other account data will be retained until User requests deletion or as required by applicable law.

8.4.4. Refunds for early cancellation of a Subscription are not provided, except as required by applicable law. All payments are non-refundable as stated in Section 5.3.

8.5. The right of entrepreneurs onwith consumer rights to withdraw from the Agreement within 14 days of its conclusion

The User who is an entrepreneur with consumer rights has the possibility to withdraw from the concluded agreement within 14 days of its conclusion. The right of withdrawal may be exercised by submitting a declaration in writing or by e-mail, and in order to meet the deadline indicated in the previous sentence it is sufficient to send the declaration before the expiry of the aforementioned 14-day period to the address of the Service Provider.

8.6. Effects of termination of Agreement

8.6.1. In the event of termination of Agreement on the basis of points 8.2. or 8.3. of Terms of Use under the terms described above, Service Provider will terminate User's access to Services (in particular, access to Application) and deactivate User's Subscription. In the event of termination of Agreement on the basis of Section 8.2. or Section 8.3., no refund of the fee will be provided unless required by applicable law.

8.6.2. Service Provider, before terminating User's access to Services, will be entitled to restrict his access to Services until the situation is clarified or request User to cease the violations that are the basis for termination of Agreement.

8.7. Form of termination

Either party may terminate Agreement by providing written or documentary (for example e-mail) notice to the other party. For termination by User, notice may be given through Stripe Customer Portal or by email to Service Provider. For termination by Service Provider, notice may be given by email to User's registered email address or any other means reasonably calculated to provide notice. Notwithstanding this provision, the cancellation of Subscription by User will be considered a termination of Agreement under the terms described above.

9. Personal Data protection

9.1. Personal Data Protection – procedures and policies

The use of Application is subject to our Privacy Policy and data protection practices, which are detailed in the following documents:

Privacy Policy: This document explains how Service Provider collect, use, and safeguard Personal Data when while using Application.
Data Processing Agreement (DPA): If you are a business entity acting as a data controller under GDPR, this agreement outlines how we process personal data on your behalf, including data retention, security measures, and your rights as data controller.

By using Application, User agree to the terms outlined in these documents. For more detailed information, please refer to Privacy Policy and DPA.

9.2. Data Handling Upon Termination

In accordance with DPA, Service Provider will, at User's choice, either delete or return all personal data processed on behalf of User within thirty (30) days following the effective date of termination, unless retention is required by applicable law or for legitimate business purposes.

10. Final provisions

10.1. Survival of Terms

The following provisions will survive the termination of this Agreement: Section 6, Section 7, Section 9 and any other provisions that by their nature are intended to survive termination.

10.2. Applicable law

The law applicable to this Agreement is Polish law.

10.3. Court of competent jurisdiction

The Polish courts have jurisdiction over disputes arising under Agreement. The competent court for disputes arising from Agreement is the court with jurisdiction over Service Provider's registered office.

10.4. Modification of Terms of Use

Any changes to Terms of Use will be made by posting the updated Terms of Use on Service Provider's website and emailing notice and sending the new Terms of Use to User. User may not accept the changes and terminate Agreement under the terms described in Section 8. Failure to terminate Agreement within 30 days after the notice referred to above is deemed acceptance of the changes by User.

The above provision will also apply mutatis mutandis to Privacy Policy or other documents contained in Agreement, unless otherwise specified in these documents.

10.5. Notices

All notices or other communications required or permitted under Terms of Use should be delivered to Service Provider at contact@firnity.com or to User at the email address provided in their account. Notices sent by email will be deemed received upon receipt, as verified by electronic confirmation.

10.6. Assignment

User may not assign or transfer any rights or obligations under Terms of Use, whether by operation of law or otherwise, without the prior written consent of Service Provider. Any attempt by User to assign or transfer the rights or obligations without such consent will be null and void.

10.7. Severability

If any provision of Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision will be deemed deleted, and the remaining provisions of Terms of Use will remain in full force and effect.

10.8. Compliance with Discord and Notion regulations

Terms of Use is to be in compliance with Discord's and Notion's own regulations. In case of disagreements between Terms of Use and these regulations that cannot be interpreted in a consensual manner, Discord's and Notion's regulations will prevail.

10.9. Applicability of Terms of Use

Last updated: [TO BE UPDATED]

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