TERMS OF USE OF BROWSEWIZ PLATFORM AND APP

1. Initial provisions

1. These Terms and Conditions set out the rules for the use of services provided electronically by the Administrator, including through the website https://www.browsewiz.com/ (hereinafter referred to as the Webpage or the Platform), i.e. the following services:

   • Usage of the BrowseWiz web browser extension (hereinafter referred to as the App),
   • Purchase a subscription to the premium version of the App,
   • Use of the contact form.

2. The administrator of the Platform and the provider of the App and the seller of the subscription to the App is Tomasz Posłuszny, conducting business activity as DevPeer Tomasz Posłuszny, 18/108 Stefana Batorego Street, postal code: 02-591, Warsaw, Poland. Tax number: 5213730587, e-mail: contact@browsewiz.com (hereinafter referred to as the Administrator or DevPeer).

3. These Terms apply to all Users. In the case of Users who are Customers (persons using the App for purposes other than business), these Terms of Use shall apply to the extent that the mandatory consumer protection provisions applicable to the Customer are no more favorable than the provisions of these Terms of Use.

4. Business purposes are understood to mean the use of the App in the context of and for the purposes of business activity - in the case of a commercial entity (company or similar entity), in each case, and in the case of a sole trader, to the extent that the use of the App is of a professional nature for the User.

2. Access to the application

II.1 General conditions

1. The App is made available to Users through the Platform and through intermediary sites.

2. The App is an extension for web browsers using artificial intelligence (AI) solutions. The current range of functionalities offered within the App can be found on the Platform. The range of functionalities presented on the Platform is the full range applicable to the paid version of the App (after purchase of a subscription). The free version may contain limitations in terms of functionality.

3. To use the App, the User must be at least 13 years old or have reached any other age required by the User's country of origin to be able to use the App. For Users who are under the age of majority according to the regulations applicable to the User, the User shall obtain the consent of their parents or legal guardians to use the App before registering and using the App. Parents or legal guardians are required to read these Terms together with the User.

4. If doubts arise as to the age of the User, the Administrator may take steps to verify the age of the User.

5. The Application is made available:

   • In the free version - after prior registration,
   • In the premium version - upon fulfillment of the conditions set out in point a) above and purchase of a subscription, under section 2.3.

II.2. Technical conditions

1. The following technical conditions must be met to download the App:

   • Internet access,
   • An active, updated web browser with cookies acceptance enabled.

2. DevPeer is not responsible for the inability to download the App as a result of not meeting the conditions specified in paragraph 1 above.

3. The App is dedicated to browsers: Chrome, and Edge (in the latest available versions). DevPeer does not guarantee the operation and proper functioning of the App within other browsers, and DevPeer is therefore not responsible for the App not working correctly in other browsers. The User is, however, entitled to report the malfunction by e-mail or via the Contact Form (which does not constitute a complaint) - DevPeer aims to develop the App as far as possible and all information obtained from Users including other browsers will be a valuable source of information.

II.3 Free access

1. The Administrator enables free access to the App. The functionalities of the App in the free version are limited and the free version may not include all the functionalities indicated on the Platform.

2. To gain access to the free version of the App, the User should:

   • Download the App,
   • Agree to receive a newsletter concerning the Administrator's activities,
   • Log in - either through a Google account or by creating an individual account.

3. By logging in, the User accepts these Terms and agrees to the processing of their personal data following the Privacy Policy.

4. By creating an account or logging in through a Google account, the User is required to provide a true and correct e-mail address. If creating an account on behalf of another person, the User should have the authority to create the Account.

5. DevPeer shall not be liable for any difficulties or irregularities concerning the creation of an Account resulting from the provision of an incorrect e-mail address.

6. When creating an account, the User shall establish a password or use the password of the Google account. The password should be established as a secure password, i.e. consisting of at least 8 characters, including upper and lower case letters, numbers, and special characters. The User should not disclose the password to any third party. DevPeer shall not be liable to Users for any damage caused by the User making the password available to a third party or by a third party breaking the password.

II.4 Paid (premium) access

1. To gain access to the premium version of the App, the User must fulfill the conditions described in the section. 2.3. above and purchase a subscription.

2. The subscription is granted to the User for a fixed term of 1 month. If the User does not resign from the subscription, the subscription shall be renewed for the following period of 1 month. In this case, the current (for the day of renewal) Price List shall apply, subject to section 3 below.

3. The current subscription purchase prices are available in the Price List (https://browsewiz.com/pricing). The change of the Price List shall be effective for all Users, with the proviso that the User who is a Consumer, upon being informed of the change of the Price List, shall be entitled to cancel the subscription under the conditions described in section 2.5. and the existing Price List shall apply until the expiry of the Customer’s subscription.

4. The User purchases a subscription after logging into the App under the functionality of their own account or by purchasing a subscription through the Platform.

5. If DevPeer provides several types of subscriptions, the User selects the variant that interests them.

6. After selecting a subscription plan, the User is redirected to the payment form. The purchase procedure and payment are carried out by a third-party service provider, i.e. Stripe. Before making a purchase, the User should read the terms of service of the third-party provider (https://stripe.com/en-pl/legal/ssa) and the privacy policy of the provider (https://stripe.com/en-pl/privacy), while agreeing to the terms and privacy policy of the third-party provider.

7. Because the Premium App is made available to the User immediately after the payment is made, i.e. before the expiration of the 14-day (or longer, if so provided by the law applicable to the User) period for withdrawal from the Agreement without cause by the User who is a consumer, by making the payment such Users declare that they have been informed that they are not entitled to withdraw from the Agreement without cause from the Agreement concluded off-premises.

8. Payments for the subscription are collected on a monthly basis (billing period) in accordance with the payment method selected by the User.

9. The Administrator allows the possibility of providing promotions for new Users of the premium version of the App. In the event that the Administrator organizes a promotion, its terms are set forth in separate regulations published on the Platform (regulations for promotions for new Users).

II.5. Cancellation of Use of the App

1. The User using the App in the free version may cancel the use of the App at any time by deleting their Account.

2. The User using the App in the premium version (subscription) may at any time resign from using the App in the premium version by canceling the subscription effective at the end of the billing period. In such a case, the User's account shall become a free account to which the provision of paragraph 1 above shall apply.

Cancellation of the subscription should be done by sending an e-mail to: contact@browsewiz.com.

III. Changes to the App’s functionality

1. The App is an evolving and modified product. Therefore, the Administrator may decide to change, delete, or modify the available functionalities at any time. Such changes do not result in the deletion of your account or automatic cancellation of your subscription.

IV. Terms of Use of the App

IV.1 General rules

1. The User can use the App only for their own private or legitimate business purposes. This means that the App may not be used in particular for the following purposes:

   • The commission of a criminal or other prohibited act,
   • Inciting to commit a criminal or other illegal act,
   • Taking any action of a hateful nature towards a person or group of persons, in particular on grounds of nationality, race, ethnic origin, identity, sexual orientation, etc.,
   • Infringing the rights, including personal rights, business secrets, or other legally protected rights of persons and entities.

2. The User cannot alter or modify the App, or attempt or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of the App, including models, algorithms, or systems (except to the extent that this restriction is prohibited by applicable law).

3. The User cannot assign their right to use the App to a third party.

4. If the Administrator determines that the User has committed a breach of the rules set out in paragraphs 1 to 3 above, in the event of a negative result of the verification referred to in section 2.1.4 or in the case of non-payment of the subscription fee, the Administrator shall be entitled to immediately block or restrict the account, while informing the User of the reasons for the blocking. If the User does not agree with such a decision of the Administrator, the User has the right to complain in accordance with section VI of these Terms.

IV.2 Disclaimers

1. The functionalities of the App are based on artificial intelligence (AI) solutions, which are new and still under development. Therefore, the use of the App for business, economic, or employment purposes, or any other purposes which may result in damage due to the content generated within the App, should be verified by the Users before using it, due to the risk of errors or irregularities.

2. Due to the way the App works and the fact that the User has significant influence on the content generated by the App, due to the possibility of freely constructing the input content, the content generated by the App may cause distress to the Users or unpleasant feelings. In such a situation, it is recommended to report the generated content to the Administrator via the contact form.

V. Contact form

1. As part of the App, the User has access to a contact form through which they may submit comments, suggestions, and other issues relating to the functioning of the App to the Administrator.

2. To use the contact form, the User, after logging in, selects the appropriate tab and files the form, and agrees to the processing of the User's personal data included in the form, in accordance with the Privacy Policy.

3. Questions that do not relate to the functioning of the App or the Platform will not be dealt with by the Administrator.

VI. Return and complaints policy

1. Every User has the right to complain about the functioning of the Platform or the App. In the case of Users using the free version of the App, if they make a complaint, they shall not be entitled to any financial claims against the Administrator, except for particularly justified cases under generally applicable legislation.

2. A complaint may relate to any malfunctioning of the Platform or the App subject to the Reservations contained in section 3.2 of these Terms.

3. It is recommended that a complaint is made via the contact form provided within the App or to the e-mail address: contact@browsewiz.com. Users using the App for business purposes should make their complaints via the contact form.

4. The complaint should include:

   • The User's contact details, if different from the account details,
   • A detailed description of the problem or irregularity found, together with screenshots showing the problem or irregularity,
   • The User's proposal for recognition of the complaint.

5. The Administrator shall respond to the complaint submitted by the Consumer within 14 days from the date of complaint submission to the e-mail address indicated in the complaint or to the e-mail address which is the account login. Responding may also refer to the need to supplement information or data regarding the reported irregularity. If the Administrator does not respond to the complaint within the time limit indicated above, the complaint shall be deemed accepted.

6. The Administrator shall respond to a complaint submitted by a User who is not a Consumer within 30 days from the date of filing the complaint. Responding may also refer to the need to supplement the information or data regarding the reported irregularity.

7. The Administrator is not bound by the method of complaint handling proposed by the User.

8. If it is confirmed that the reported defect or irregularity prevented the User from using the App or prevented the User from using a part of the App functionality, the Administrator shall refund to the User a part of the subscription fee calculated in proportion to the period and extent of the inability to use the App.

VII. Copyright

1. All copyrights and intellectual property rights in the App vest exclusively with the Administrator. Nothing in these Terms or any other agreement shall be construed as granting the Users any further rights than those to use the App under the terms of the Agreement.

2. The User shall be entitled to use the content generated by the App in any lawful manner they choose. However, such content may not be individual and may also be similar or identical to content created by third parties or generated by the App for the benefit of other Users or generated by other tools based on artificial intelligence. Therefore, the User must inform the origin of the generated content and not attribute its authorship.

VIII. Limitations of liability

1. Except for a situation in which such a limitation is unacceptable due to generally applicable laws protecting the User, the Administrator shall not be liable for the following circumstances:

   • Damage caused to the User or a third party as a result of the use of the App up to the amount exceeding 50 EURO,
   • Indirect damage, i.e., all cases of indirect, special damage, lost profits, goodwill, etc., which the Administrator cannot be held liable for.

2. The provisions of Paragraph 1 above shall not apply to Users protected under mandatory and generally applicable consumer protection laws in the applicable territory.

3. The Administrator shall not be liable to Users for any damage caused by the User's use of the App contrary to the Terms.

IX. Dispute resolution

1. In the event of a dispute concerning the use of the Platform or the App, the Administrator and the User shall first attempt to resolve their dispute amicably.

2. If the Parties fail to reach an amicable settlement, either Party shall have the right to take legal action. In the case of Users who are Consumers, they have the right to take legal action before a court of competent jurisdiction concerning generally mandatory legal regulations protecting a given User, and in the absence of such regulations - before a court of competent jurisdiction of the Administrator. Users who are not Consumers may take legal action before the court with jurisdiction over the Administrator's seat.

3. A User who is a Consumer and a permanent resident of the EEA may also take advantage of the possibility to submit a dispute to an alternative dispute resolution body via the European Commission's Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.

X. Processing of personal data

1. The Administrator shall process the Users' personal data in accordance with the Privacy Policy.

XI. Change of Terms of Use

1. These Terms of Use may be amended at any time.

2. Users using the App shall be informed of amendments to the Terms and Conditions to the e-mail address used within the account in the App. Amendments to the Terms of Use shall come into effect after 30 days from the date of informing the User about such amendment. During this period, the User who is a Consumer who has taken out a subscription may cancel the subscription. In such a case (cancellation of the subscription before the amendment to the Terms and Conditions comes into effect), the previous provisions of the Terms and Conditions shall apply to such User.