Terms of Service

Last updated: 21.08.2026

Definitions
Definitions
General provisions
Types and scope of Services
Terms of providing Services
MediaAgentAI Studio
Further terms of providing Services
Duration of the Agreement
Rules for using the Website
Integrations
Software license terms
Confidential information
Personal data
Liability
Ownership rights
Trafficwatchdog's remuneration
Complaints
Amendment of the Terms of Service
Final provisions
Special provisions
Downloads and Attachments

1. Definitions

AI Act Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act).
Price List an offer presenting the product variants and prices of the Subscription Plans offered by Trafficwatchdog.
Visit Data data relating to visits collected and generated by the Software on the Client's Website.
Documentation means any accompanying documentation made available to the User by Trafficwatchdog in any format (electronic and other than electronic).
Password a string of alphanumeric characters determined by the Trafficwatchdog User and assigned to them. The Password is required to log in to the Client Account or the Demo Account. The User is obliged to keep the Password strictly confidential (not to disclose it to any third parties). The Password can be changed in the settings of the Client Account or the Demo Account.
Client a natural person, legal person, or organizational unit without legal personality to which the law grants legal capacity, acting as an entrepreneur, duly represented by the appropriate natural person, who, by accepting the Terms of Service and completing Registration, has entered into an Agreement for the provision of Services with Trafficwatchdog, opened a Client Account or obtained access to MediaAgentAI Studio on the terms set out in §4a, and has received access to the Services upon fulfilling the conditions set out in the Terms of Service.
Click interactions generated in the online or mobile channel leading to a redirect to a given Website.
Client Account the space made available to the Client within the Trafficwatchdog Website, allowing the Client to use the Services. The Client accesses the Client Account using their Login and Password. The Client logs in to their Client Account after completing Registration or obtaining access from Trafficwatchdog in another manner.
Demo Account the space made available to a Prospective Client within the Trafficwatchdog Website, allowing them to become familiar with a demo version of the Services (the data presented therein is sample data, and the Prospective Client is not able to download and implement the Software). The Prospective Client accesses the Demo Account using their Login and Password. The Prospective Client logs in to their Demo Account after completing Registration or obtaining access from Trafficwatchdog in another manner.
Account(s) collectively referred to as the Client Account and the Demo Account.
Lead a contact or purchase form generated online or via mobile.
Private Link a unique, non-public URL generated by Trafficwatchdog for a Client using MediaAgentAI Studio, enabling access to the Content Studio without the need for Registration, opening a Client Account, or providing a Login and Password. Access via the Private Link is secured by an authorization token stored in a cookie, in accordance with the Cookie Policy.
Login an individual and unique identifier of the Trafficwatchdog User on the Trafficwatchdog Website.
MediaAgentAI Studio a feature of the Trafficwatchdog Service provided via the MediaAgentAI Studio Website (mediaagent.studio), using artificial intelligence algorithms to automatically create marketing content (blog articles, graphics, video materials, and social media posts) based on data retrieved from the Client's Website or the Client's sales system, and subsequently to publish it on the Client's Website and on the social media accounts indicated by the Client. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as processors/subcontractors.
Subscription Period the period during which the Service operates, for which the Subscription Fee is charged.
Subscription Fee the total monthly fee for the provision of the Service, in the amount specified in the Subscription Plan selected by the User.
Software software owned by Trafficwatchdog and any updates thereto, implementing the functionalities of a given Service.
Subscription Plan the variant of the Service provided, selected from among the plans available on the Trafficwatchdog Website or as a result of individual arrangements between the User and Trafficwatchdog.
Prospective Client a natural person, legal person, or organizational unit without legal personality to which the law grants legal capacity, acting as an entrepreneur, duly represented by the appropriate natural person, who, by accepting the Terms of Service and fulfilling the other requirements set out in the Terms of Service, uses the part of the Trafficwatchdog Website that does not require access authorization, or uses the Demo Account.
Report a compilation of collected and analyzed data made available in the Client Account within the Trafficwatchdog Website, or downloaded by the Client in the form of .pdf, .csv, .xls, .xlsx, .doc, or .docx files.
Terms of Service these Terms of Service together with all annexes referred to in their content.
Registration the overall technical activities performed using the tools available on the Trafficwatchdog Website, the purpose of which is to submit the registration form or open an Account, in particular submitting a statement accepting the content of the Terms of Service and completing the registration form with the required User data.
Content Studio a panel accessible via the Private Link, in which a Client using MediaAgentAI Studio reviews, edits, and approves for publication content prepared by the AI agent, and also manages the settings of this Service.
TrafficWatchdog Spark DigitUP Sp. z o.o., Plac Wolnica 13 lok. 10, 31-060 Kraków, NIP 6762496391, registered with the District Court for the City of Kraków-Śródmieście, XI Commercial Division of the National Court Register under KRS number 0000587711, REGON 363042916, share capital of PLN 205,000.00, being the owner of Trafficwatchdog.
Agreement for the provision of Services (Agreement) an agreement for the provision of Services by electronic means concluded between the Client and Trafficwatchdog upon the User's acceptance of the Terms of Service, on the terms set out in the Terms of Service. Acceptance of the Terms of Service is equivalent to concluding the Agreement for the provision of Services by electronic means, without the need to conclude any separate agreement in this respect.
Service(s) Products implementing specific functionalities, and the Software, to which the User is granted electronic access on the terms set out in the Agreement. The detailed scope of the Services is defined in each case and results from the Subscription Plan selected by the User.
User(s) collectively referred to as the Client and the Prospective Client.
Client User a user visiting the Client's Website.
TrafficWatchdog Website a group of websites and applications at the internet address https://trafficwatchdog.pl operated by Trafficwatchdog.
MediaAgentAI Studio Website a website and application operated at mediaagent.studio by Trafficwatchdog, through which the MediaAgentAI Studio Service is provided. Whenever the Terms of Service refer to the Trafficwatchdog Website, these provisions apply accordingly to the MediaAgentAI Studio Website, unless the content of the Terms of Service or the provisions of §4a indicate otherwise.
Client's Website a group of websites and applications belonging to the Client, or to which the Client has authorized access, which are added in the settings of the Client Account or on which the Software has been implemented.
Technical Requirements the minimum technical requirements that must be met in order to use the Trafficwatchdog Website and conclude the Agreement for the provision of services, i.e.: possessing a computer or other device connected to the Internet, equipped with one of the currently supported versions of a web browser supporting JavaScript and cookies (e.g. Chrome, Firefox, Safari, Edge). In order to create a Client Account or a Demo Account, the User must have an active e-mail address.

2. General provisions

  1. These general provisions constitute the terms of service referred to in Article 8(1)(1) of the Act of 18 July 2002 on the Provision of Services by Electronic Means, and set out:
    1. the types and scope of the Services provided by electronic means;
    2. the terms of providing Services by electronic means, including:
      1. the technical requirements necessary to cooperate with the ICT system used by Trafficwatchdog,
      2. the prohibition on Users providing content of an unlawful nature,
    3. the rules for using the Trafficwatchdog Website and the Services offered by Trafficwatchdog,
    4. the rights and obligations of Trafficwatchdog and Users,
    5. the terms for concluding and terminating the Agreement for the provision of Services by electronic means,
    6. the rules concerning the protection and processing of the personal data of Users and Client Users,
    7. the complaint handling procedure.
  2. The Terms of Service are available to the User free of charge at all times at: Click here, together with the ability to obtain, reproduce, and record their content using the ICT system used by the User.
  3. The User represents that it is an entrepreneur within the meaning of Article 43[1] of the Act of 23 April 1964 – the Civil Code, and that it will use the Services within the scope of the business or professional activity it conducts.
  4. Using the Trafficwatchdog Website and the Services requires that the end device and ICT system used by the User meet the minimum Technical Requirements.
  5. Access to the paid parts of the Services is possible after creating an Account within the Trafficwatchdog Website, as well as after meeting the other conditions set out in the Terms of Service, including after selecting and paying for the Subscription Plan chosen by the Client.
  6. Trafficwatchdog reserves the right to limit access to selected Services offered via the Trafficwatchdog Website in the cases specified in the Terms of Service.
  7. Trafficwatchdog's technical support personnel may, at the User's explicit request and with the User's consent given on each occasion, gain access to the Client Account or Demo Account solely for the purpose of maintaining, diagnosing, or improving the Service, including providing technical support or assistance with billing.
  8. Trafficwatchdog ensures the operation of an ICT system that enables the Client to use the Services in a manner that prevents unauthorized persons from accessing the content of the transmission constituting that Service, in particular through the use of cryptographic techniques appropriate to the nature of the Service provided, and also enables unambiguous identification of the parties to the Service provided by electronic means. In the event of planned interruptions, upgrades, or other similar cases, Trafficwatchdog may notify the User thereof via the e-mail address made available to it, or in the form of a notice on the website within the Trafficwatchdog Website.

3. Types and scope of Services provided by Trafficwatchdog

  1. In accordance with the provisions of the Terms of Service, Trafficwatchdog provides Users with the following Services:
    • Click Scanner – a system for detecting and counteracting advertising fraud.
    • Affiliate Scanner – a system dedicated to tracking and counteracting affiliate fraud, including commission fraud and lead fraud.
    • Sales Bot – a system operating in the form of a closed Chat Bot, used for product recommendations and generating individual discount codes.
    • AI Sales Rep (Chat AI) – an artificial intelligence module used within the Chat, serving to automatically handle Users visiting the Client's Website by answering their questions and initiating conversation in the Chat Window. The AI Sales Rep may also operate in the form of an AI Mail Agent on the Client's mailbox and handle e-mails from Users. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as processors/subcontractors.
    • AI Voice Assistant (Voice Bot AI) – a system using artificial intelligence technology to automatically handle voice calls redirected by the Client to a phone number belonging to Trafficwatchdog, indicated by Trafficwatchdog. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as processors/subcontractors.
    • Ads Bot AI – a feature of the Trafficwatchdog Service using artificial intelligence algorithms to optimize the product feed and generate advertising components on the Client's instructions. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as processors/subcontractors.
    • Lead Agent AI – a feature of the Trafficwatchdog Service using artificial intelligence algorithms to automatically generate personalized e-mail messages on the Client's behalf. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as processors/subcontractors.
    • IT Agent AI - a feature of the Trafficwatchdog Service using artificial intelligence algorithms to prepare dedicated IT solutions. As a general rule, the use of IT Agent AI does not involve the processing of personal data, unless the Client enters into the tool data identifying natural persons — in such a case the data is processed solely for the purpose of performing the Service. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as processors/subcontractors.
    • Blog Agent AI - a feature of the Trafficwatchdog Service using artificial intelligence algorithms to create and run a blog together with its content. The use of Blog Agent AI does not involve the processing of personal data. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as processors/subcontractors
    • MediaAgentAI Studio – an autonomous media agent available via the MediaAgentAI Studio Website, which, based on data retrieved from the Client's sales system (including via API integration with e-commerce platforms) or from the content of the Client's Website, independently selects topics, creates blog articles, graphics, and video materials, and then publishes them on the Client's Website and on the social media accounts indicated by the Client, in accordance with the settings selected by the Client (including in automatic mode or in a mode requiring the Client's approval of content prior to publication). The scope and quantity of the materials generated results from the Subscription Plan chosen by the Client and any additionally purchased modules (add-ons) extending this scope to further publication channels. The rules of access to MediaAgentAI Studio are set out in §4a. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as processors/subcontractors.
  2. The processing of personal data within each individual service takes place in accordance with these Terms of Service and the Trafficwatchdog Privacy Policy.
  3. In order to use the Services, the User is required to complete Registration and accept the Terms of Service, subject to §4a with respect to MediaAgentAI Studio.
  4. The agreement for the provision of Services by electronic means is concluded at the moment the User accepts the content of the Terms of Service.
  5. Trafficwatchdog may also begin providing a selected Service to the Client on the basis of individual arrangements with the Client.
  6. Remuneration in the amount of the Subscription Fee, as defined in each case and resulting from the Subscription Plan, is due to Trafficwatchdog for the Services provided.
  7. To the extent that the provision of the Services referred to in paragraph 1 above involves the use of artificial intelligence systems (including AI Sales Rep, AI Voice Assistant, Ads Bot AI, Lead Agent AI, IT Agent AI, Blog Agent AI, and MediaAgentAI Studio), Trafficwatchdog complies with the applicable provisions of the AI Act, to the extent described in detail in §11(12a).

4. Terms of providing Services – registration, creation, and use of an account

  1. A Client Account or Demo Account is created through Registration. In order to complete Registration, the User is required to fill in the registration form made available within the Trafficwatchdog Website in accordance with the rules indicated below, and to submit the completed registration form electronically to Trafficwatchdog.
  2. In the registration form, the User is required to provide the data marked as mandatory. In the registration form, the User also has the option of providing optional data or giving optional consents to the processing of their personal data in accordance with the wording provided in the registration form.
  3. Registration and the further use of the Trafficwatchdog Website and access to the Services is conditional upon the User's acceptance of the content of the Terms of Service. Acceptance of the Terms of Service is equivalent to concluding the Agreement, without the need to conclude any separate agreement in this respect.
  4. Trafficwatchdog also allows for the possibility of establishing cooperation with the User by entering into a separate agreement for the provision of Services, including in written form. In such a case, the Terms of Service will form an integral part of the agreement, unless the parties agree otherwise.
  5. Registration is conditional upon Trafficwatchdog activating the Account and granting the User access to the Account. After the User submits the registration form, Trafficwatchdog sends the User, at the e-mail address provided, a reply message with information on how to complete the activation and on the granting of access to the Client Account or the Demo Account.
  6. Upon correctly completing and activating Registration, the User gains access to the Client Account or the Demo Account by logging in to the Trafficwatchdog Website using their Login and Password.
  7. After logging in to the Account, the Client or Prospective Client has the option of editing their data and voluntarily adding additional information.
  8. The User is obliged to:
    1. provide, in the registration form when creating a Client Account or Demo Account, only true, current, and complete required data.
    2. promptly update the data, including personal data, provided during Registration, in particular to the extent necessary for the proper provision of the Services.
    3. keep their Login and Password confidential.

4a. Rules of access to MediaAgentAI Studio

  1. Access to the Content Studio within MediaAgentAI Studio takes place via the Private Link, without the need to complete Registration or open a Client Account. The Agreement with respect to MediaAgentAI Studio is concluded by accepting the Terms of Service in the process of connecting the Client's Website or sales system to MediaAgentAI Studio.
  2. The Client is required to keep the Private Link confidential and not to make it available to unauthorized persons. The Client is responsible for all actions taken via the Private Link, including its misuse by third parties to whom the Client made the Private Link available, unless such disclosure resulted from circumstances attributable to Trafficwatchdog.
  3. If unauthorized possession of the Private Link by a third party is suspected, the Client shall promptly inform Trafficwatchdog thereof, and Trafficwatchdog will invalidate the existing Private Link and generate a new one.
  4. The Client's use of both the Trafficwatchdog Website (Client Account) and the MediaAgentAI Studio Website (Private Link) does not automatically link these forms of access — they are independent authorization methods.

5. Further terms of providing Services

  1. Trafficwatchdog provides the Services specified in §3(1) of the Terms of Service to Users who have completed Registration. Trafficwatchdog provides these Services via the Trafficwatchdog Website and using the Software provided to the User, which must be properly implemented on the User's side.
  2. Upon correctly completing and activating Registration, the User has, within the Account, the option of selecting — or, if this has been established through individual arrangements, of accessing — the selected Subscription Plan, Subscription Period, and Subscription Fee. The detailed scope and duration of the Services referred to in §3(1) above is always defined, and results in each case from the Subscription Plan and Subscription Period selected by the User.
  3. The launch of the Services and the User's access to the Services referred to in §3(1) of the Terms of Service takes place after:
    1. the User confirms the Subscription Plan and Subscription Period through individual arrangements – or the User selects the Subscription Plan and Subscription Period,
    2. the User properly implements the Software on the Client's Website.
  4. In the event of technical problems with implementing the Software, the User may, at any time, seek technical assistance from Trafficwatchdog via e-mail at kontakt@trafficwatchdog.pl or via the request form available on the Trafficwatchdog Website.
  5. Once the User has selected the Subscription Period, Trafficwatchdog will, within 30 days of the date the User selected the Subscription Plan, make available to the User in the Account, or send to their e-mail address, an invoice for the Services provided.
  6. Failure to pay the Subscription Fee within the period specified in the invoice made available to the User for the Subscription Fee may result in the Account access being automatically blocked. If the User pays the Subscription Fee within 14 days from the date the Account access was blocked, this will result in the access being unblocked. Ineffective expiry of the above-mentioned period constitutes a material breach of the Agreement and entitles Trafficwatchdog to terminate the Agreement with immediate effect and delete the Account, following a prior demand for payment sent to the e-mail address assigned to the Account. The date of payment shall be deemed to be the date on which the paid amount is credited to Trafficwatchdog's bank account.

6. Duration and termination of the Agreement for the provision of Services

  1. The Agreement is concluded for an indefinite period.
  2. Either party may terminate the Agreement subject to a 1-month notice period, counted from the end of the month in which the notice was given.
  3. The end of a given Subscription Period, or a User's request to delete their Account, does not result in the termination of the Agreement. If the User submits a request to delete their Account, such a request is treated as a statement of termination of the Agreement subject to the notice period specified in paragraph 2, unless something else clearly follows from the statement made by the User.
  4. Trafficwatchdog may, at any time, block the User's access to the Account or suspend the provision of the Service in the cases indicated in the Terms of Service.
  5. Trafficwatchdog may unilaterally terminate the Agreement with immediate effect where the User:
    1. breaches the provisions of the Terms of Service,
    2. uses the Service or Software in a manner that may endanger the interests of Trafficwatchdog or third parties, including other Users,
    3. breaches the rules of fair business conduct, in particular by failing to comply with legal provisions,
    4. breaches generally applicable ICT security rules by failing to properly protect their equipment against external attacks,
    5. uses the Services in a manner that may disrupt the proper functioning of the Trafficwatchdog Website, the Services, or the Software,
    6. distributes computer viruses or malicious software,
    7. attempts to change, or changes, the parameters of the Software.
  6. The Agreement may be concluded for a fixed term in the case of individual arrangements between the parties, or where made available by Trafficwatchdog and selected by the User in the Account (e.g. a trial package). In such a case, the Agreement expires upon the lapse of the period for which it was concluded.
  7. Any outstanding balance becomes immediately due and payable upon termination or expiry of the Agreement for any reason, and any costs of debt collection, including enforcement (including legal service costs) incurred by Trafficwatchdog will be included in the amount due.
  8. Following termination or expiry of the Agreement, Trafficwatchdog will cease providing the Services, and the User will remove all copies of the Software from the Client's Website and confirm this to Trafficwatchdog in writing or by e-mail within 3 (three) days of the termination or expiry of the Agreement.
  9. If the Software is not removed from the Client's Website within the period referred to above, Trafficwatchdog is entitled to (i) block the operation of the Software or the provision of the Service on its side, and (ii) charge remuneration for the period during which the Software remains active and the Service can be provided, in accordance with the applicable Price List or the arrangements between the Parties.
  10. In the event of termination or expiry of the Agreement:
    1. the User will not be entitled to a refund of remuneration or any other fees,
    2. all data from historical Reports will no longer be available to the User, unless the Agreement provides otherwise,
    3. with respect to MediaAgentAI Studio: materials already published on the Client's Website or on the Client's social media accounts remain there indefinitely, regardless of Trafficwatchdog; unpublished materials (drafts, working versions) stored in the Content Studio are deleted from Trafficwatchdog's systems within 30 days of their generation, in accordance with the rules described in the Privacy Policy — regardless of the moment the Agreement is terminated.

7. Rules for using the Trafficwatchdog Website

  1. Trafficwatchdog reserves the right to modify the technical manner in which the Services are performed, in accordance with the scope and conditions resulting from the rights it holds, and also in accordance with its available technical capabilities.
  2. In order to ensure the security of the transmission of communications and in connection with the Services provided, Trafficwatchdog takes technical and organizational measures appropriate to the level of risk to the security of the Services provided.
  3. In performing the Service for the User, Trafficwatchdog does not guarantee the retrieval and storage of all information that was to be retrieved for the performance of a given Service, including data on every visit, conversation, or every product from the product database on the Client's Website.
  4. Trafficwatchdog is not liable for any prevention of, or limitation on, the Client's use of the Software due to any circumstances of a technical nature beyond Trafficwatchdog's control, or whose resolution requires the cooperation of third parties.
  5. The User is, in particular, obliged to:
    1. use the Services offered by Trafficwatchdog in a manner consistent with applicable law, the provisions of the Terms of Service, as well as accepted customs and principles of social conduct, including in a manner that is not burdensome for other Users or for Trafficwatchdog, and that does not disrupt the operation of Trafficwatchdog or the Trafficwatchdog Website,
    2. pay invoices and other fees and costs agreed between the User and Trafficwatchdog on time,
    3. not provide or transmit within the Trafficwatchdog Website any content prohibited by applicable law, in particular content that infringes the copyright or personal rights of third parties,
    4. refrain from actions such as: 1) posting on the Trafficwatchdog Website any content that violates legal provisions (prohibition on posting unlawful content), 2) undertaking IT activities or any other activities aimed at gaining possession of information not intended for the User, including data of other Users, 3) unauthorized modification of content provided by Trafficwatchdog, in particular that provided within the Trafficwatchdog Website, 4) abusing the rights granted to the User by Trafficwatchdog or by law, in a manner contrary to the socio-economic purpose of that right or to the principles of social conduct.
  6. Trafficwatchdog bears no liability whatsoever for infringement of the rights of third parties or for any damage caused to third parties as a result of, or in connection with, actions carried out by the User (in particular, the scope, manner, and content of the Services used by it) using data collected by the User in connection with the Services provided.
  7. The User is obliged to promptly notify Trafficwatchdog of any instance of infringement of its rights in connection with its use of the Trafficwatchdog Website, as well as of any instance of a breach of the rules set out in the Terms of Service.
  8. Trafficwatchdog may deprive a User of the right to use the Trafficwatchdog Website, and may also restrict its access to part or all of the resources of the Trafficwatchdog Website or the Services offered by Trafficwatchdog, with immediate effect, in the event of the User's breach of the Terms of Service, and in particular where the User:
    1. has provided untrue, inaccurate, or outdated data on the Trafficwatchdog Website that is misleading or infringes the rights of third parties,
    2. has committed, via the Trafficwatchdog Website, an infringement of personal rights, in particular the personal rights of other Users,
    3. has engaged in other conduct inconsistent with the Terms of Service, or conduct that Trafficwatchdog deems reprehensible, inconsistent with applicable law or the general rules of using the Internet, contrary to the purposes for which the Trafficwatchdog Website was created, or damaging to the good name of Trafficwatchdog.
  9. A person who has been deprived of the right to use the Trafficwatchdog Website may not re-register without the prior consent of Trafficwatchdog.
  10. The User may, at any time the Trafficwatchdog Website is available, submit a request to delete their Account. By submitting a request to delete the Account, the User waives the right to further use any Services paid for on the Trafficwatchdog Website. Submission by the User of a request to delete the Account is treated as the User's statement of termination of the Agreement under the procedure set out in §6(3) of the Terms of Service, unless something else clearly follows from the Client's statements or instructions.

7a. Integrations with e-commerce and social media platforms

  1. In connection with the use of Services requiring integration, in particular MediaAgentAI Studio, the Client grants Trafficwatchdog access (authorization) to its sales system / e-commerce platform, and to the social media accounts it indicates, solely for the purpose and to the extent necessary for the provision of the given Service, including retrieving assortment data and publishing prepared materials.
  2. The Client may, at any time, revoke the access granted by disconnecting the integration in the Content Studio or in the administrative panel of the given platform/account. Revocation of access may result in the inability to continue providing the Service to the previous extent.
  3. Trafficwatchdog is not liable for the unavailability, technical changes, functional limitations, or interruptions in the operation of the interfaces (APIs) of the platforms and services with which a given Service integrates, which are beyond Trafficwatchdog's control.
  4. Following termination or expiry of the Agreement with respect to a given Service, Trafficwatchdog's access to the Client's sales system and social media accounts is disconnected.

8. Detailed terms of the Software license

  1. Trafficwatchdog, under the Agreement, grants the Client a limited, revocable, non-exclusive license, not subject to further sublicensing, to install and use the Software, the Service, and the Reports or Documentation – solely for the purpose of using the Service for one or more Client Websites in accordance with the selected Subscription Plan. Subject to the terms of the Subscription Plan or separate arrangements between the Client and Trafficwatchdog in this respect, the Client may, where applicable, remotely access, view, and download Reports stored on the Trafficwatchdog Website. The Client's license, use of, and access to the Service are conditional upon the Client's compliance with the terms and provisions of the Terms of Service. The Client will not:
    1. allow any third party to access, copy, modify, adapt, translate, or otherwise create derivative works of the Software, the Service, the Reports, or the Documentation;
    2. reverse-engineer, decompile, or otherwise attempt to discover the source code of the Software;
    3. rent, lease, sell, assign, or otherwise transfer rights to the Trafficwatchdog Website, the Software, the Service, the Reports, or the Documentation;
    4. remove any proprietary notices or labels from the Software, the Service, the Reports, or the Documentation;
    5. use, send, transmit, or introduce any devices or software, or undertake any actions, that disrupt or attempt to disrupt the operation of the Trafficwatchdog Website, the Software, the Service, the Reports, or the Documentation;
    6. use the Service to develop, create, or allow others to develop or create a product or service similar to or competitive with the Service;
    7. send any virus, Trojan horse, or other malicious or harmful code or attachment;
    8. use bots, crawlers, or similar applications to collect, gather, or compile content from or via the Service;
    9. use the Trafficwatchdog Website, the Software, the Service, the Reports, or the Documentation in any activity that constitutes a violation of applicable law.
  2. The Client will use the Trafficwatchdog Website, the Software, the Service, the Reports, or the Documentation solely for its own internal use, and will not make them available for use by other entities, unless it obtains the express consent of Trafficwatchdog to do so.
  3. The User will comply with all applicable laws and regulations relating to the use of the Trafficwatchdog Website, the Software, the Service, the Reports, or the Documentation.
  4. Trafficwatchdog may, at any time, revoke the license by informing the Client thereof in writing or electronically.
  5. This license expires immediately if the Client fails to comply with any of the provisions or terms of the Terms of Service. Upon such expiry, the Client undertakes to remove and destroy all originals and copies of the Software, Documentation, and Reports in the Client's possession, and then to certify this in writing or by e-mail and deliver such statement to Trafficwatchdog within three (3) business days of the license's expiry. In such a case, the User also undertakes to cease further use of the Service without the express consent of Trafficwatchdog.
  6. The license is granted for the duration of the Agreement. Termination of the Agreement, its dissolution without notice, or the cessation of legal existence in any other manner, is equivalent to the termination or dissolution of the license, which ceases at the latest on the day on which the legal existence of the Agreement ceases. The notice periods for the license are the same as the notice periods for the Agreement.

9. Protection of confidential information and professional secrecy

  1. Confidential information includes any proprietary data and any other information disclosed by one party to the other in any form, including information marked as "confidential." For the avoidance of doubt, confidential information includes, among other things, the Software, the Documentation, the Reports, the Login, the Password, the Private Link, and any data of Client Users.
  2. Information that is already publicly known, or that is already in the possession of the receiving party with the consent of the disclosing party, obtained and developed prior to disclosure and without the use of confidential information, does not constitute confidential information.
  3. Without prejudice to any provisions of the Terms of Service to the contrary, neither party will use or disclose the other party's confidential information without the other party's prior written consent, except that it will perform its obligations arising from the Agreement, or where required by generally applicable law, the Terms of Service, a valid request from a supervisory authority, or a court ruling. In such a case, the party compelled to disclose confidential information will provide notice to the other party to the extent practically possible prior to disclosing such information.
  4. Following termination or expiry of the Agreement, the parties will promptly return or destroy all confidential information and any media containing such information, and will, at the other party's request, provide a written record of the return or destruction.
  5. The Client is responsible for protecting the confidentiality of its Login and Password, and, in the case of MediaAgentAI Studio, its Private Link, made available to the User by Trafficwatchdog, and for any use or misuse of the Trafficwatchdog Website, the MediaAgentAI Studio Website, the Software, the Service, the Account, the Content Studio, the Documentation, or the Reports resulting from actions by third parties using the Password, Login, or Private Link. The User undertakes to promptly notify Trafficwatchdog of any unauthorized use of the Account, the Content Studio, or any other known security breach.
  6. The obligation to maintain confidentiality lasts for the term of the Agreement, as well as for a period of 5 years after its termination or expiry.

10. Rules for the processing and protection of personal data

  1. Trafficwatchdog is the controller of the personal data of Clients and of the personal data of the Clients' employees or other persons engaged by Clients that Clients have provided ("User Data"), and processes such personal data in accordance with the rules set out in the Privacy Policy available here: Click here.
  2. The Client hereby represents that it has read and accepts the content of the Privacy Policy, and in particular confirms and acknowledges that:
    1. User Data placed within the Account or elsewhere on the Trafficwatchdog Website will be processed in accordance with applicable law by the personal data controller: Spark DigitUP Sp. z o.o., Plac Wolnica 13 lok. 10, 31-060 Kraków, NIP 6762496391, registered with the District Court for the City of Kraków-Śródmieście, XI Commercial Division of the National Court Register, under KRS number 0000587711, REGON 363042916, share capital of PLN 205,000.00, fully paid up;
    2. if the User places, in the Account or elsewhere on the Trafficwatchdog Website, personal data of the User's employees or other persons engaged by the User, the User is obliged to inform the data subjects of this fact and to acquaint the data subjects with the Privacy Policy referred to in paragraph 1 of this section, and to obtain from those persons written statements confirming that they have read the content of the Privacy Policy, and to submit the signed statements of the data subjects at Trafficwatchdog's request within no more than 3 days of the date such request is made.
  3. The Client may grant Trafficwatchdog consent to access the Account on the target platform for the purpose of providing the Service. To accomplish this, the Client provides the required account information on the Client's chosen platform.
  4. The Client represents that it is the controller of personal data, or a processor acting on the controller's instructions, of the personal data of Users and Client Users. The Client represents that it collects and processes such personal data in accordance with generally applicable law.
  5. The Client authorizes Trafficwatchdog, as Processor, to process on its behalf the personal data of Users and Client Users in connection with the performance of the Services.
  6. In every case, the Client represents that it is entitled to entrust or further entrust the personal data of Users and Client Users to third parties.
  7. The Client represents that, in operating the Client's Website, it complies with applicable regulations concerning the collection of information from Client Users, including with respect to informing Client Users of the scope of data collected and processed by Trafficwatchdog, and, where required by law, obtaining the appropriate consents of Client Users to the collection and processing of data by Trafficwatchdog.
  8. In connection with the provision of the Services, Trafficwatchdog will process the personal data of Client Users. The Client, as the controller of the personal data of Client Users, represents and warrants that it independently and on its own behalf performs, towards the data subjects, all obligations imposed on a data controller by applicable law, including in particular with regard to the proper performance of the information obligation and obtaining from Client Users all consents necessary and required by law for the processing of their personal data, including in connection with the User's use of the Services and the Software; Trafficwatchdog is not liable for the Client's failure to fulfill the obligations referred to in this paragraph, including in respect of the improper performance or non-performance of the information obligation towards data subjects, or failure to ensure an appropriate legal basis for the processing of the personal data of data subjects processed in connection with the Service provided.
  9. The Client is responsible for ensuring the consistency of its external documents – in particular, the Client's Privacy Policy (concerning Users of its website/services) should be updated to include information that the Client uses Trafficwatchdog's solutions and services, which may involve the transfer of data to Trafficwatchdog.
  10. The provisions of the Terms of Service constitute the Agreement or other legally binding instrument between the processor and the controller within the meaning of Article 28(1) of 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 ("GDPR") – under which the Client entrusts Trafficwatchdog, as processor, with the processing of the personal data of Client Users to the following extent: IP address, cookies, basic information about the computer device used to access the Service, an identifier assigned to the device from which visits are generated, end-device parameters, operating system parameters, browser parameters, the general geographic location of the visit, the manner in which a prospective User interacts with the Service and activity data within the Service, time spent on the Service, HTTP header parameters, marketing campaign parameters, data on visited websites, URLs of visited pages, and the date and time of the visit. Where the AI Chat is used, this may also include contact data provided by the Client User during the conversation (e.g. first name, last name, e-mail address, phone number, social media account details); where the AI Voice Assistant is used, this may also include personal data provided during the phone call, such as the phone number initiating the call and the content and recording (voice) of the Client User's conversation.

    Where MediaAgentAI Studio is used, this scope also includes catalog data retrieved from the sales system or the Client's Website (product names and descriptions, prices, categories, brands, promotions, product photos) and data necessary to authorize access to the Client's social media accounts used to publish materials.
  11. A Client that entrusts Trafficwatchdog with the processing of specific personal data for the purpose of performing a Service on its behalf represents that such data has been obtained and is processed by the Client in accordance with applicable law (including the GDPR), and that it is entitled to transfer it to Trafficwatchdog. Trafficwatchdog will process the entrusted data solely on the Client's documented instructions and solely for the purpose of the proper performance of the given Service for the Client, in accordance with the Agreement. Trafficwatchdog will not use the entrusted data for any of its own purposes or the purposes of third parties not disclosed in the Agreement, and, upon completion of the provision of the given Service, will delete or return this data to the Client, unless mandatory legal provisions require its further retention.
  12. Where data obtained from publicly available sources is used within a Service (in particular, the Lead Agent AI feature), this data is used solely for the purpose of providing the given Service to the Client, in its name and on its behalf. The Client acknowledges that, with respect to such data, it is the controller of the personal data of the persons to whom messages are directed via Lead Agent AI, while Trafficwatchdog acts as a processor, carrying out the sending of messages on the Client's behalf. The Client undertakes to fulfill all information obligations towards those persons and to ensure that the messages sent comply with applicable law, including the GDPR and the Act of 18 July 2002 on the Provision of Services by Electronic Means (i.e. not to breach the prohibition on sending unsolicited commercial information to natural persons, and to respect a recipient's objection to, or lack of consent for, receiving correspondence). The Client accepts the content of the information obligation and assumes full responsibility for the compliance of the mailing with the GDPR and the Act on the Provision of Services by Electronic Means, releasing the Contractor from any claims by third parties.
  13. The entrusted personal data will be processed by Trafficwatchdog for the purpose of the proper performance of the Agreement, i.e. for the purpose of the proper performance of the Services.
  14. Trafficwatchdog may entrust the processing of the entrusted personal data to another person or entity (a "Sub-processor"), to which the Client hereby gives its general consent. If Trafficwatchdog uses the services of a Sub-processor to carry out specific processing activities on its behalf, the Sub-processor is subject to the same obligations and level of data protection as set out in the Agreement. If the Sub-processor fails to fulfill its data protection obligations, Trafficwatchdog is liable to the Client for the Sub-processor's failure to fulfill its obligations.
  15. Trafficwatchdog undertakes to comply with generally applicable personal data protection laws for the duration of their applicability, and to implement them prior to commencing the processing of the entrusted personal data, and thereafter to apply them throughout the term of the Agreement.
  16. Trafficwatchdog ensures that persons authorized to process the personal data entrusted by the Client undertake to maintain confidentiality or are subject to an appropriate statutory duty of confidentiality.
  17. Trafficwatchdog is entitled to authorize persons acting on its behalf, including Sub-processors, to process the entrusted personal data on the Client's behalf, including to issue such entities, on the Client's behalf, instructions concerning the processing of the entrusted personal data, within the limits of the instructions issued by the Client.
  18. Trafficwatchdog ensures that persons who will process the entrusted data on its behalf have received appropriate training in personal data protection.
  19. Taking into account the state of the art, the cost of implementation, and the nature, scope, context, and purposes of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Trafficwatchdog implements appropriate technical and organizational measures to ensure a level of security appropriate to the assessed risk to the rights and freedoms of natural persons, including, among others, where appropriate: (i) the pseudonymization and encryption of personal data, (ii) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services, (iii) the ability to restore the availability of and access to personal data in a timely manner in the event of a physical or technical incident, and (iv) a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
  20. Trafficwatchdog helps the Client, through appropriate technical and organizational measures, to fulfill its obligation to respond to requests from a data subject exercising their rights set out in Chapter III of the GDPR, in particular requests concerning being informed, access to data, rectification of data, erasure of data, restriction of processing, data portability, objection, and requests related to automated decision-making and profiling. As part of the obligation referred to in the preceding sentence:
    1. Trafficwatchdog undertakes to promptly notify the Client of any notification or request received from a data subject – however no later than within 72 hours of receiving such notification or request;
    2. Trafficwatchdog provides the Client with all information necessary to fulfill a data subject's request within 3 business days of the date the Client requests such information;
    3. Trafficwatchdog does not provide data subjects with responses to requests submitted by them.
  21. Trafficwatchdog helps the Client fulfill the obligations set out in Articles 32–36 of the GDPR, including in particular:
    1. with regard to informing about breaches of the protection of entrusted personal data;
    2. with regard to applying adequate technical and organizational measures, appropriate to the risks identified in connection with the processing of the entrusted personal data;
    3. with regard to the Client carrying out a data protection impact assessment and consultation with the supervisory authority in connection with such an assessment.
  22. Trafficwatchdog maintains a register of categories of processing activities, in accordance with Article 30(2) of the GDPR. Trafficwatchdog makes the above-mentioned register available at the request of the supervisory authority and cooperates with the supervisory authority in the performance of its tasks.
  23. The entrusted personal data is processed by Trafficwatchdog from the moment the Agreement is concluded. Subject to paragraphs 24 and 25 of this section, upon completion of the provision of the Services and termination or expiry of the Agreement, Trafficwatchdog will, depending on the Client's decision, delete or return all personal data and delete all existing copies thereof, unless European Union law or the law of a Member State requires the retention of the personal data. The detailed retention periods for individual categories of data (e.g. visit data, call data, MediaAgentAI Studio content) are described in the Trafficwatchdog Privacy Policy.
  24. Trafficwatchdog has the right to retain data to the extent necessary to establish, pursue, and defend claims, thereby becoming a separate controller of such data in this respect.
  25. The provisions of this section do not affect Trafficwatchdog's right to retain and use data arising from or derived from the Service provided for the purposes of conducting research, statistics, and analysis, improving the Software and the Services, and offering general analytical information to Clients, Prospective Clients, and third parties, provided that such data is aggregated in nature and does not enable the identification of Client Users.
  26. Trafficwatchdog cooperates with supervisory authorities and controlling institutions, and with the Client, upon request.
  27. Trafficwatchdog provides the Client with all information necessary to demonstrate compliance with the obligations set out in this section and the GDPR within 14 days of the date the Client submits a request in this respect, and enables the Client or an auditor authorized by the Client to conduct audits, including inspections.
  28. The Client is entitled to direct inquiries to Trafficwatchdog regarding the correctness of Trafficwatchdog's performance of its obligations concerning the protection of the personal data entrusted to it.
  29. The Client or an auditor authorized by it will exercise the right of audit on Mondays through Fridays between 9:00 a.m. and 3:00 p.m., following prior written notice to Trafficwatchdog given at least 14 days before the planned audit date. The costs of the audit shall be borne by the Client.
  30. The Client will conduct the audit while respecting Trafficwatchdog's trade secrets.
  31. Following the audit, the Client may provide Trafficwatchdog with post-audit recommendations in writing. Trafficwatchdog will be obliged to implement them within the period specified by the Client, which shall be no shorter than 30 days.
  32. Upon becoming aware of a breach of the protection of the entrusted personal data, Trafficwatchdog will, without undue delay and no later than within 72 hours of becoming aware of the occurrence of the event, report it to the Client. This notification will include:
    1. the nature of the personal data breach, including an indication of the categories and approximate number of data subjects concerned, and the categories and approximate number of personal data records concerned by the breach;
    2. the name and contact details of the data protection officer or an indication of another contact point from which further information can be obtained;
    3. the likely consequences of the personal data breach;
    4. the measures taken or proposed to address the personal data breach, including measures to mitigate its possible adverse effects.
  33. Trafficwatchdog undertakes to inform the Client, promptly upon becoming aware, but no later than within 7 days, of any proceedings, in particular administrative or judicial proceedings, relating to the processing of the entrusted personal data. Trafficwatchdog will also inform the Client of any administrative decisions or rulings concerning the processing of the entrusted data addressed to Trafficwatchdog, as well as of any planned – to the extent known to Trafficwatchdog – or ongoing audits and inspections concerning the processing of the entrusted personal data at Trafficwatchdog.
  34. To the extent arising from this section, Trafficwatchdog, as the processor of the entrusted personal data, is liable to the Client, as the controller of the entrusted personal data, for non-performance or improper performance of the Agreement, or on any other legal grounds and bases for pursuing it, on the terms set out in the GDPR – provided, however, that Trafficwatchdog's liability is limited to an amount equal to 100% (in words: one hundred percent) of the total amount paid by the Client as remuneration over the last 2 (in words: two) months of cooperation. The above monetary limitation does not apply to damage caused by Trafficwatchdog through willful misconduct.

11. Liability

  1. In the event of claims being asserted against Trafficwatchdog by third parties or state authorities arising from:
    1. a breach by the Client of any of the provisions or terms of the Agreement,
    2. the Client's use of the Service,
    3. a breach by the Client of applicable law in connection with the Service – Trafficwatchdog will promptly notify the Client of such claims or proceedings, and the Client undertakes to take, at its own expense, all legal steps necessary to ensure Trafficwatchdog is properly protected against such claims, by making available to Trafficwatchdog all documents and information held by the Client necessary to demonstrate that the claim is unfounded, and, in the event of litigation, the Client undertakes to join the proceedings in place of, or alongside, Trafficwatchdog, to the extent legally possible; in the event of litigation or administrative proceedings that may result in Trafficwatchdog being ordered to pay a claim or a penalty, the parties will cooperate with one another, consult on procedural steps taken, and present evidence in their possession.
  2. In the event that a competent authority imposes a final and binding monetary penalty on Trafficwatchdog, or a court awards against Trafficwatchdog a claim by a third party, including a Client User, where such penalty or claim results from:
    1. a breach by the Client of any of the provisions or terms of the Agreement,
    2. the Client's use of the Service,
    3. a breach by the Client of applicable law in connection with the Service – the Client will pay Trafficwatchdog the full amount of the monetary penalties or the full amount of the claims of third parties, including Client Users, resulting from final and binding court judgments or decisions of competent authorities imposing or awarding such penalties or claims against Trafficwatchdog, within 7 days of the date Trafficwatchdog presents a demand for payment documented by a final and binding court judgment or a decision of the authority, together with any court costs or costs of other proceedings related to the claim awarded against Trafficwatchdog by the court or authority.
  3. Trafficwatchdog is not liable for any damage suffered by the User, the Client User, or third parties resulting directly or indirectly from:
    1. unauthorized access to the Account or unauthorized alteration of the Client's data or data from the Client's Website,
    2. the use of the Trafficwatchdog Website, the Service, the Software, the Reports, or the Documentation in a manner inconsistent with their intended purpose or the provisions of the Agreement.
  4. Trafficwatchdog is not liable under warranty for defects in the results of the Services or of Trafficwatchdog's work performed as part of carrying out the Services.
  5. Trafficwatchdog is not liable for lost profits.
  6. Trafficwatchdog's total liability, regardless of the legal basis on which it is pursued and on any and all legal grounds combined, is limited to 100% of the fees paid by the Client over the last 2 months of cooperation, except for damage caused through willful misconduct.
  7. The Services and Software are provided to the User in a state ready for implementation. To the maximum extent permitted by generally applicable law, Trafficwatchdog is not liable for errors and damage arising through the fault of the User and resulting from improper implementation of the Software provided.
  8. Trafficwatchdog makes every effort to ensure that the Service operates correctly. However, as a Service based on Software, predictive algorithms, third-party services, and constant Internet connectivity, Trafficwatchdog does not guarantee that the Service will operate without interruption or free from errors, or that it will always be available, error-free, or free from failures. If Trafficwatchdog receives notice of any failure or malfunction, or becomes aware of one independently, it will make every effort to restore the availability of the Service as quickly as possible. Such incidents will not be considered a breach of the terms of the Agreement.
  9. Trafficwatchdog makes every effort to ensure that the Click Scanner Service and the Affiliate Scanner Service identify the abuse and fraud defined within the scope of the Service; however, Trafficwatchdog does not guarantee that the Service will detect or prevent all types or all instances of abuse. Information contained in, or available within, the Service, including Reports, may contain inaccuracies or errors.
  10. Trafficwatchdog may introduce improvements or changes to the Trafficwatchdog Website, the Service, the Software, or the Reports and Documentation at any time. If Trafficwatchdog expands the Service to include new or additional features or capabilities, it reserves the right to change the terms of the Service.
  11. Trafficwatchdog does not guarantee that the Service will operate at all times, or during any period of downtime:
    1. caused by interruptions in access to public networks, networks, or servers,
    2. caused by failures of the Client's equipment, systems, or local access services;
    3. in the case of previously scheduled maintenance or repair work;
    4. caused by events arising from force majeure, such as strikes, riots, uprisings, fires, floods, explosions, war, epidemics, pandemics, actions by state authorities, labor conditions, earthquakes, natural disasters, or interruptions in the provision of internet services in the area where Trafficwatchdog's servers or the Client's servers are located.
  12. Trafficwatchdog is not liable for content, information, communications, images, recordings, advertising materials, entries, e-mail messages, or other materials generated automatically or semi-automatically by AI-based tools made available within the Service, to the extent that such content is created, configured, approved, published, or used by the Client.

    In particular, Trafficwatchdog is not responsible for the content of responses given by AI Sales Rep (Chat AI), the statements of the AI Voice Assistant during phone calls, materials generated by Ads Bot AI, Blog Agent AI, or Lead Agent AI, materials (articles, graphics, video materials, posts) generated by MediaAgentAI Studio, or for the content of e-mail messages, graphics, descriptions, articles, advertisements, blog posts, posts, offers, or other materials prepared using these tools. The Client bears sole responsibility for verifying such content before using, publishing, sending, or making it available to third parties, and for the consequences of its use. This includes, in particular, the obligation to ensure that the use of content generated or processed using artificial intelligence complies with applicable law, platform terms of service, good practice, and does not infringe the rights of third parties.

    In particular, the Client is responsible for assessing whether the manner in which content generated or modified by artificial intelligence systems is used requires the labeling, disclosure, or informing of recipients of its artificial origin, generation, or modification, including in cases provided for by legislation concerning artificial intelligence, consumer protection, advertising, unfair market practices, copyright, personal rights, image rights, trade secrets, and personal data protection.

    In particular, the Client undertakes not to use the Service in a manner leading to the publication or dissemination of content that is misleading, unlawful, infringes the rights of third parties, breaches the terms of service of advertising or sales platforms, or may create a false impression of the authenticity of persons, products, events, places, opinions, recommendations, results, certificates, entitlements, or other factual circumstances.

    If applicable law, the terms of service of a given platform, the nature of the content, or the context of its use require content to be labeled as generated, processed, or modified using artificial intelligence, the Client undertakes to ensure such labeling in a manner that is clear, appropriate to the given communication channel, and consistent with the applicable regulations and platform requirements.
  13. a) To the extent that the Services use artificial intelligence systems subject to the AI Act (including AI Sales Rep, AI Voice Assistant, Ads Bot AI, Lead Agent AI, IT Agent AI, Blog Agent AI, and MediaAgentAI Studio), Trafficwatchdog complies with the obligations imposed on it by the AI Act in the role appropriate to the given Service (provider or deployer of an artificial intelligence system), including in particular the transparency obligations set out in Article 50 of the AI Act:
    1. With respect to Services enabling direct interaction with a natural person via an artificial intelligence system (in particular, AI Sales Rep within the AI Chat and the AI Voice Assistant), Trafficwatchdog ensures, in accordance with Article 50(1) of the AI Act, that such person is informed that they are interacting with an artificial intelligence system, unless this is obvious from the point of view of the circumstances and context of use.
    2. With respect to Services generating text, graphic, audio, or video content using artificial intelligence systems (in particular, Ads Bot AI, Blog Agent AI, Lead Agent AI, IT Agent AI, and MediaAgentAI Studio), Trafficwatchdog will make efforts to ensure that – to the extent required by Article 50(2) of the AI Act, and to the extent that the technical marking of synthetic content is provided by the providers of the artificial intelligence systems used – the generated content contains the required technical markings enabling it to be identified as content generated or modified by AI.
    3. The obligation to disclose to end recipients that given content (including an image, audio, or video material) has been artificially generated or modified, in particular in the cases specified in Article 50(4) of the AI Act (so-called deepfake content), rests with the Client as the entity publishing or disseminating such content, in accordance with the liability rules set out in paragraph 12 above.
  14. b) Where the Client selects the automatic publication mode for materials generated by MediaAgentAI Studio, such materials are published on the Client's Website or on the Client's social media accounts without prior verification or approval by the Client. The choice of the automatic mode constitutes a conscious decision by the Client, who thereby assumes full responsibility for the content of the published materials on the terms set out in paragraphs 12 and 12a above, including their compliance with applicable law, in particular the AI Act.
  15. The Client bears sole responsibility for the lawfulness of activities involving the sending of personalized e-mail messages via Lead Agent AI. In particular, the Client is required to ensure that messages sent via Lead Agent AI do not constitute "unsolicited commercial information" directed to a recipient who has not given their consent thereto – to the extent that the requirement to obtain such consent arises from mandatory provisions of law (including the Act of 18 July 2002 on the Provision of Services by Electronic Means). The Client is also required to comply with personal data protection regulations when using Lead Agent AI, including processing and sending contact data only to persons/entities in respect of which it has a legal basis for marketing communication. Trafficwatchdog is not liable for the sending of e-mail messages carried out by the Client using Lead Agent AI, nor for any breach by the Client of any regulations in connection with such activity. In the event of any claims, demands, or penalties being directed against Trafficwatchdog in connection with the Client's activities in using Lead Agent AI, the provisions of §11(1)–(2) of the Terms of Service shall apply (the Client will, in particular, be required to release Trafficwatchdog from liability and cover any penalties, costs, or damages).

12. Ownership rights, trademark protection, and advertising

  1. The Service, which includes, among other things, the Software, and all intellectual property rights to the Service, the Software, the Reports, and the Documentation, is and will remain the property of Trafficwatchdog. All rights not expressly granted to the Client under the Agreement are expressly reserved and retained by Trafficwatchdog without limitation.
  2. The Client will authorize Trafficwatchdog to use marks including trademarks, service marks, and other designations identifying the Client ("Marks") for use by Trafficwatchdog in advertising materials, information materials, and publications referring to the parties' cooperation, on the terms set out in this section.
  3. The Client grants Trafficwatchdog a non-exclusive, non-transferable, and limited license to use the economic copyright to the Marks, and Trafficwatchdog acquires this license.
  4. The grant of the license is free of charge.
  5. Trafficwatchdog is entitled to use the Marks on the Trafficwatchdog Website, including on the home page and in sections containing information about entities cooperating with Trafficwatchdog, as well as in advertising and information materials.
  6. Trafficwatchdog is obliged to use the Marks in a manner consistent with the Client's specifications, standards, and guidelines, as well as in accordance with generally applicable Polish law and good practice.
  7. The Client may, at any time, revoke the license by informing Trafficwatchdog thereof in writing.
  8. The Client undertakes:
    1. not to use any trademarks, trade names, service marks, logos, domain names, or other distinctive brand features, or any copyrights or other rights related to the Service, for any purpose without the express consent of Trafficwatchdog;
    2. not to register, attempt to register, or help a third party register any trademark, trade name, marks of the Trafficwatchdog Website, logo, domain names, or other distinctive brand features, copyrights, or other ownership rights related to Trafficwatchdog;
    3. not to remove, obscure, or alter any copyright, trademark, or other ownership notice appearing in or in connection with the Service.
  9. Trafficwatchdog makes materials generated within MediaAgentAI Studio (articles, graphics, video materials, social media posts) available to the Client solely for use by the Client in its business activity, including publication on the Client's Website and on the Client's social media accounts. Trafficwatchdog does not guarantee that the generated materials constitute works within the meaning of copyright law, nor does it guarantee the Client exclusivity as to their use. The extent to which the Client may use materials generated using artificial intelligence tools, including the possibility of their further distribution by third parties, results from the terms of use (license) applicable to the AI technology providers indicated in the Privacy Policy. Trafficwatchdog is not liable for the use of these materials by the Client or by third parties.

13. Trafficwatchdog's remuneration

  1. Remuneration in the amount of the Subscription Fee, as defined in each case and resulting from the Subscription Plan or individual arrangements with the Client, is due to Trafficwatchdog for the Services provided.
  2. Detailed information on the amount of the Subscription Fees and the parameters of the individual Subscription Plans, including any additionally paid modules (add-ons) extending the scope or quantity of materials generated within a given Service (e.g. within MediaAgentAI Studio), is set out in the Price List published on the Trafficwatchdog Website or the relevant Website through which the given Service is provided, or the prices individually agreed with the User apply.
  3. The Subscription Fees are paid for successive Subscription Periods on the basis of an invoice sent by Trafficwatchdog.
  4. The User may, through individual arrangements, request Trafficwatchdog to change the Subscription Plan.
  5. Invoices will be issued and made available via the National e-Invoice System (KSeF), in accordance with applicable law.

14. Complaints

  1. The User has the right to submit complaints regarding the Services.
  2. Complaints may be submitted by post to: Spark DigitUP Sp. z o.o., Plac Wolnica 13 lok. 10, 31-060 Kraków, or by e-mail to: kontakt@trafficwatchdog.pl, with the note: "Complaint."
  3. A complaint should include:
    1. the first and last name or full name of the person submitting the complaint, and their Login,
    2. a correspondence address (in the case of a complaint submitted by post) and an e-mail address (in the case of a complaint submitted by e-mail),
    3. an accurate description of the event underlying the complaint,
    4. a statement of the demands made by the person submitting the complaint.
  4. Complaints may be submitted within 60 (sixty) days of the date of the event underlying the complaint. Compliance with the complaint deadline for a complaint submitted by post is determined by the postmark date on the envelope containing the complaint letter, and, in the case of a complaint submitted by e-mail, by the date the complaint was sent by e-mail.
  5. Complaints submitted by post or sent by e-mail within the period referred to in paragraph 4 above, and containing the data and information referred to in paragraph 3 above, will be considered.
  6. Upon receiving a complaint, Trafficwatchdog will respond to it within 14 (fourteen) days of the date the complaint was delivered. After exhausting the complaint procedure, the User has the right to pursue any unresolved claims before the common court with local jurisdiction, in accordance with the provisions of the Code of Civil Procedure.
  7. Trafficwatchdog is responsible for the conduct of the complaint procedure.

15. Amendment of the Terms of Service

  1. The Terms of Service enter into force on the date of their publication on the Trafficwatchdog Website.
  2. Trafficwatchdog reserves the right to amend the Terms of Service where one of the following important reasons arises, among others:
    1. a change in the laws governing the provision of the Services that affects the mutual rights and obligations set out in the Agreement, or a change in the interpretation of such laws as a result of court rulings, decisions, recommendations, or guidance from the relevant authorities or bodies,
    2. a change in the manner of providing the Services due to technical or technological considerations,
    3. a change in the scope or manner of providing the Services through the introduction of new Services or the withdrawal of existing ones.
  3. In the event of a change to the content of the Terms of Service, the User has the right to terminate the Agreement within 14 days of being notified of the change to the Terms of Service. In this case, the Agreement is terminated upon the expiry of the 1-month notice period, during which time the User remains bound by the existing provisions of the Terms of Service.
  4. In the event of changes being made to the Terms of Service, Trafficwatchdog will make available the consolidated text of the Terms of Service by publishing it on the Trafficwatchdog Website, and will also notify the User by e-mail of the change, at the e-mail address provided in the Account.

16. Final provisions

  1. Polish law is the governing law for the Agreement, and the courts with jurisdiction are the common courts of the Republic of Poland, unless otherwise provided by mandatory legal provisions. Any disputes between Trafficwatchdog and the User will be submitted for resolution to the common court with local jurisdiction over Trafficwatchdog's registered office.
  2. Trafficwatchdog may modify the technical manner in which the Services are performed, in particular for reasons of a technological nature (the development of browsers and technology), but without deteriorating its quality, and also without affecting the scope of the rights and obligations of the User and Trafficwatchdog.

17. Special provisions regarding billing, fee, and contract termination rules

  1. For Users using the Service via external trading platforms, app stores, or e-commerce platforms (hereinafter collectively referred to as "External Platforms"), the detailed technical requirements, billing rules, fees, and the procedure for terminating agreements are governed and carried out directly by the operator of the given External Platform.
  2. Terms specific to the IdoSell platform (IAI S.A.):

    In the case of installing and using the Trafficwatchdog application via the IdoSell Apps trading platform, the following rules apply:
    1. Billing and payments: Payment for use of the Trafficwatchdog application is made by the User directly to the operator of the IdoSell platform (IAI S.A.), on the terms and within the deadlines set out in the terms of service of the IdoSell platform. The Service Provider (Trafficwatchdog) does not charge such Users any direct subscription fees.
    2. Cancellation and notice period: Cancellation of use of the application and termination of the agreement for the provision of the Service takes place by canceling the application subscription in the administrative panel of the IdoSell platform. Cancellation of the subscription takes effect at the end of the current billing period established within the IdoSell platform, and the User retains full access to the application's functionality until that time.
  3. Where the Service is made available via additional External Platforms, the Terms of Service may be supplemented with provisions specific to the given External Platform. Such provisions apply solely to Users using the Service via that Platform, and do not constitute an amendment to the Terms of Service requiring renewed acceptance by existing Users using the Service on the general terms.

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