§1 General Conditions
These Terms of Service shall apply to services provided by the Administrator through the surferlocal.com website and all subdomains, including in particular https://app.surferlocal.com. These Regulations shall therefore define the types, scope and conditions for the provision of services by electronic means by SURFER LOCAL Sp. z o.o. with its registered office in Wrocław, Plac Solny 14/3, 50-062 Wrocław, Poland, entered in the Register of Entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under the number 0000880128 (hereinafter referred to as SURFER LOCAL). The Regulations constitute regulations within the meaning of the Act on providing services by electronic means.
- Administrator - SURFER LOCAL Sp. z o.o. in Wrocław with registered office at: Pl. Solny 14/3, 50-062 Wrocław, share capital: 5000 zł, NIP: 8971887866, REGON: 388000462, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000880128;
- SURFER LOCAL - SURFER LOCAL Sp. z o.o. in Wrocław with registered office at: Pl. Solny 14/3, 50-062 Wrocław, share capital: 5000 zł, NIP: 8971887866, REGON: 388000462, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000880128;
- User - a natural person over 18 years of age or a person of full legal age in accordance with the law in force in the place of residence of that person. Minors may use the Website and the Services offered therein only with the consent and under the supervision of adults (legal guardians), as well as a natural person running a business, a legal person or an entity without legal personality, which uses services provided electronically by the Administrator;
- Login or Registration Form - a form available on the Website or on an external website, used to create an Account;
- Account - a set of resources in the Administrator's ICT system, marked with an individual name (login/e-mail) and password provided by the User, in which the User's data are stored;
- Regulations - these Regulations, in accordance with Article 8 of the Act of 18 July 2002 on provision of services by electronic means, i.e. of 6 February 2020. (Journal of Laws of 2020, item 344) - defining the rules of using the Website and Services;
- Inquiry - a request for the analysis of a specific phrase in a specific location and language, submitted by the User through the Account.
- Electronic service - the performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient of the service, sent and received by means of equipment for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or broadcast via a telecommunications network within the meaning of the Telecommunications Law.
- Contract - the contract of sale concluded between the User and SURFER LOCAL via the Website for the Services described in section 3 below, provided by SURFER LOCAL.
- Service or Services - the services provided electronically by SURFER LOCAL as described in § 3 - § 5 below.
- Price List - the current price list for a given type of subscription posted on the Administrator's website: https://surferlocal.com/pricing, whereas if the User activates the second and subsequent slot:
- more than 15 days before the end of the Billing Period, pays 100% of the subscription price for that Slot,
- less than 15 days before the end of the Billing Period and more than 7, pays 66.6% of the subscription price for that Slot.
- less than 7 days before the end of the Billing Period, you pay 50% of the subscription price for that Slot
- Billing period - the period for which the User pays fees for the duration of the subscription to the Service. The settlement period is one month, counted as 30 consecutive calendar days - in case of a subscription for a period of 1 month and 12 months, counted as 365 consecutive calendar days - in case of a subscription for a period of one year. Fees for Subscription for services rendered on the Website are charged:
- in advance each month on the calendar day on which the subscription commenced in accordance with the provisions hereof in the case of monthly subscriptions,
- in advance annually on the calendar day on which the subscription commenced in accordance with the provisions hereof in the case of an annual subscription.
- Slot - functionality of the Service which allows the User to add one active Google User company profile on the Account created by the User as part of the purchased subscription.
§2 Use of the Service
- The User is obliged to use the Website in accordance with these Regulations, in a manner consistent with applicable law, as well as rules of social coexistence and good manners.
- All actions taken by the User should respect the personal rights of third parties.
- When using the Service, the User is obliged to provide true and correct data and to protect it against unauthorized access.
- Posting of personal information of third parties on the Service is prohibited without the prior consent of such third parties.
- The User may have only one Account. Creating multiple accounts requires explicit consent of the Administrator.
- Each User, as well as any third party accessing the Service, is required to refrain from copying, modifying, sharing, transmitting or using in any other way the content and databases available on the Service, outside the scope of fair use restrictions.
- The password enabling the User to log into the Website is private and confidential. In order to ensure control over the account, protect it and prevent unauthorized persons from taking over the account, the User should not disclose the password or details of the chosen payment method to anyone.
- Any exchange of passwords between Users is prohibited.
- Attempts to introduce malware (malware, including bots, viruses, spyware, "worms", etc.) into the system are prohibited.
- Any content or activity that in any way violates these Terms of Service or is inconsistent with the purpose of the Service may be reported via email: firstname.lastname@example.org.
- In order to use the Service, it is necessary to have a computer with the following minimum requirements: single Core 3.0GHZ processor, 4GB RAM, Nvidia GeForce 7xxx series graphics card or equivalent, and a web browser with LTE/4G network access recommended, as well as a keyboard or other pointing device to fill out electronic forms. Recommended Requirements: Duo Core processor or higher, 4GB RAM, Nvidia GeForce 10xxx series graphics card or equivalent, and a web browser with LTE/4G network access recommended.
- Creating a User Account on the Website is free of charge.
- The Administrator shall use its best efforts to ensure that the Services it provides through the Website are fully satisfactory to the Users.
- In order to take full advantage of the Service, you must read and accept the Terms and Conditions.
- Registration of Users on the Website takes place via the website containing a Login Form, by filling it in with their data (e-mail address), creating a password securing an Account and clicking the button confirming registration, after prior acceptance of these Regulations.
- An agreement on provision of services for which the Administrator does not charge fees is considered concluded when the User presses (clicks) the button that confirms his/her registration on the Website.
- The Administrator is entitled to terminate the agreement described in section 5 above concluded with the User with 14 days' notice. The User will be informed about the termination by e-mail sent to the e-mail address provided during registration.
- Setting up a new Account by a User whose previous Account has been deleted requires the explicit consent of the Administrator.
- If you discover any errors in the functionality of the Website, you have the right to request their removal by contacting us via email@example.com, based on the nature and complexity of the error.
- You may terminate your account with the Service at any time, and access to the Service and your account will be provided until the end of the monthly billing period.
- As a result of purchasing a subscription based on the Pricelist, the User may gain access to additional functionalities of the Website indicated in this paragraph and § 5.
- You may, at your option, purchase a renewable subscription for a period of one month or one year at the current fees applicable under the Price List.
- To activate and use the subscription, it is necessary to have a payment card accepted by the payment operator or a PayPal account. In order to activate the subscription, the User should add a payment card, providing its number, expiration date and CVV/CVC code, and accept the terms and conditions of the payment operator, or go through the payment procedure through PayPal,
- The User purchases one subscription for one Slot added by them within their Account. The User may only purchase one subscription per Slot. The User may add more than one Slot to an Account and thus purchase more than one subscription, which will include the same billing period and in the first month the amount will be adjusted according to when the billing period for the account falls in accordance with § 1 p.13 . The user can add or remove a slot at any time, which is equivalent to cancelling the subscription. Cancelling a subscription for one slot does not affect the subscriptions activated by the User for other User slots. When a Slot is deleted, it will remain active until the end of the billing period. Deletion of additional slots happens immediately and the overpayment is credited.
- Provision of the Services by the Administrator continues in the Slot from the time you purchase a subscription until terminated as a result:
- deactivation of Subscription by the User,
- lack of funds on the User's payment card and three unsuccessful attempts to charge the card,
- expiry of the period for which the Subscription was concluded in the case of a single subscription for a period of 12 months.
- When you deactivate your subscription for a particular Slot, you will have access to historical data about that Slot, but that data will not be updated until you reactivate your subscription. In the event of a complete deletion of a Slot by the User from their account, all data pertaining to that Slot is irretrievably deleted.
- When another Slot is added during a Billing Period, the second and each subsequent VAT invoice for subscriptions for that Slot will be billed and issued on the same date, along with invoices for all of Your other subscriptions.
- Invoices will be sent to the email address used to create the account at app.surferlocal.com from the payment provider to Surfer Lcoal - Paddle based:
🇬🇧 Paddle.com Market Limited: Judd House, 18-29 Mora Street, London, EC1V 8BT, United Kingdom
🇮🇪 Paddle Payments Limited: Core B, Block 71, The Plaza, Park West, Dublin 12, Ireland
🇺🇸 Paddle.com Inc: 3811 Ditmars Blvd, 1071, Astoria, NY 11105-1803, USA
- Within 30 days from the date of activation of the first subscription for a given Slot, the User has the right to cancel the subscription without giving any reason. You must then contact the Administrator by email at: firstname.lastname@example.org or by chat in the application and express the desire to receive a refund for activating the subscription. In this case, the Administrator will return the fee paid by the User within 14 days from the date of cancellation of the subscription. The Administrator indicates that Users:
- may not request a refund for second and subsequent purchases of subscriptions for the same Google My Business account,
- may not request more than a total of three refunds for cancellation of subscriptions without cause.
- If the subscription is cancelled after the aforementioned 30-day period, no refund will be given.
- To unsubscribe, deactivate or delete a Slot, the User may send a message informing about such intention to SURFER LOCAL: Pl. Solny 14/3, 50-062, Wroclaw, Poland, or to the e-mail address: email@example.com, or perform the aforementioned actions within the relevant functionality of the Service using the appropriate button.
- The Administrator reserves the right to introduce discretionary promotional actions concerning the terms and prices of the offered subscriptions. The Administrator shall inform users of the terms and deadlines of promotional campaigns in a manner chosen by the Administrator, in particular via the Account, in the Website or by e-mail.
§5 Functionality of the Service
- Analysis results are presented as charts, reports, summaries, etc.
- Most of the analysis is done in real time, it can take a few minutes to process. Some of the functionalities, for example: estimated site traffic or keyword volume, are taken from a pre-calculated database.
- The administrator reserves the right to present the results of analyses conducted not in real time.
- Through your Account, you have access to the results of your queries for the past three months, though access may be limited to a shorter period for users on free accounts.
- The Administrator informs that the analyses and results are presented solely for informational purposes and the Service is intended for owners of Google company profiles who are able to use them properly. The analyses are not to be used as guidelines or recommendations, and taking any action based on the obtained results is entirely voluntary. Therefore, the Administrator shall not be held liable for the use of the data obtained via the Website and the results thereof.
- If the Customer forgets/loses the password he/she provided during registration, he/she has the opportunity to use the "Reset password" functionality, which will generate and send to the e-mail address provided during registration a message with a link allowing to reset the password.
- Each Account after registration is assigned only to one User and only this User is its owner. The Administrator points out that it is not possible to assign, transfer or otherwise transfer (resell accounts) existing User Accounts to other entities. This also applies to existing limits on the Account. The Administrator also points out that it is not possible to share the same Account by several Users or by other third parties.
- The exact and current scope of functionality of the Service and Services offered through it by the Administrator is available at [https://surferlocal.com/].
- If the User, who is a consumer as defined by Article 22 (1) of the Civil Code, believes that the Administrator does not provide his services in accordance with the previously agreed rules, he may file a formal complaint. In such a case the User is asked to inform the Administrator about all the alleged violations in order to enable the Administrator to clarify its position on the matter.
- All formal complaints should be sent by post to the following address: Pl. Solny 14/3, 50-062, Wrocław, Poland, or by e-mail to firstname.lastname@example.org.
- The complaint should contain your name and surname, a proper e-mail address, a description of the alleged violations and your demands related to it. In case of a complaint, please indicate the reasons for the complaint and information necessary to identify the order.
- If it is determined that the complaint does not contain sufficient information, the Administrator will again request additional data from the User before responding to the complaint.
- The Administrator shall respond to the complaint within 14 days (does not apply to complaints submitted by Clients who are not consumers). The response to the complaint will be sent via e-mail, unless the User requests that the response be sent by post.
- SURFER LOCAL will consider the complaint within 14 days and inform about the method of its resolution In the absence of a response from the Administrator within 14 days, the complaint is considered valid (does not apply to complaints submitted by Users who are not consumers).
- For users who are consumers within the meaning of Article 22 (1) of the Civil Code, a complaint may be submitted within 12 months from the date on which the User activated access to the Service or from the date of delivery of an invoice containing an incorrect calculation of the amount due for the supply and use of the Service. Complaints submitted after this period shall not be considered, of which SURFER LOCAL shall immediately notify the User.
§7 Withdrawal from the Agreement
- The User who is also a consumer within the meaning of Article 22(1) of the Civil Code of 23 April 1964. (Journal of Laws of 2017, item 459), has the right to withdraw from the Agreement concluded remotely, without giving reasons, within 14 days from the date of conclusion of the agreement on provision of services by electronic means.
- The above provision does not apply in the following cases: the provision of services in which the trader has performed the service in accordance with the consumer's express consent, if the consumer has been informed before the performance of the service that after the performance by the trader he will lose the right to withdraw from the Agreement, contracts for the provision of services where the price or remuneration depends on fluctuations in the financial market beyond the trader's control, which may occur before the expiry of the withdrawal period,