§ 1 General Provisions
The Owner and Operator of the Tool named AutomaSnap, available at automasnap.com, is Automa.Net Spółka z ograniczoną odpowiedzialnością with its registered office in Rzeszów, ul. Małopolska 1/203, 35-620 Rzeszów, Poland, entered into the register of entrepreneurs maintained by the District Court in Rzeszów, XII Commercial Department of the National Court Register under KRS number: 0000897058, REGON: 388750708, NIP: 5170415671, with a share capital of 50,000.00 PLN.
In every matter related to the functioning of the Tool, the User is requested to contact the Operator electronically via the e-mail address: support@automa.net or by calling +48 17 778 34 19.
These Terms and Conditions are addressed to Users using the Tool.
These Terms and Conditions specify in particular:
- the type and scope of services provided electronically,
- the terms and conditions of Services provided electronically, including the technical requirements necessary for cooperation with the ICT system used by the Operator,
- the conditions for the conclusion and termination of the Service Agreement,
- the complaint procedure.
Each User who uses the Tool is obliged to familiarize themselves with these Terms and Conditions and comply with their provisions. Acceptance of these Terms and Conditions is a prerequisite for using the Tool.
Each User is obliged to comply with the rules of social coexistence and generally applicable social standards, and to respect the good name and legal interest of the Operator and other Users. All activities that result in the infringement of copyrights to the content published in the Tool and to the content available through the Tool are strictly prohibited.
The Operator reserves the right to delete the Account or temporarily block Services and the possibility of using the content uploaded to the Tool for Users who violate or fail to respect the provisions of these Terms and Conditions, or who infringe upon the interests of the Operator or other Users in any way.
The Tool is dedicated to companies. Other natural persons may obtain limited access to the Tool, in particular for the purpose of familiarizing themselves with the scope of services offered by the Operator and submitting a request for quotation. Users who are natural persons conducting a sole proprietorship declare that the contract for the provision of electronic services has a professional nature for them.
§ 2 Definitions
- Tool
- the AutomaSnap internet application along with its associated homepage, operating as a cloud-hosted software (SaaS), facilitating the identification of goods and the preparation of sales offers.
- Operator
- Automa.Net Spółka z ograniczoną odpowiedzialnością with its registered office in Rzeszów, ul. Małopolska 1/203, 35-620 Rzeszów, Poland.
- User
- an entrepreneur holding an account and using the services provided by the Operator within the Tool.
- Token
- a unit of account within the Tool, where one Token corresponds to a single execution of the OCR text extraction, data population, or background removal service per submitted image.
- Materials
- any content uploaded or generated by the User within the Tool, including photos of items, photos of nameplates, as well as manual edits, corrections to text fields, and notes entered by the User.
§ 3 Technical Requirements, Functionalities and Operating Rules of the Tool
To use the Tool, it is necessary for the User to have a device with access to the Internet, equipped with an up-to-date version of a web browser such as Google Chrome, Firefox, Safari, or Microsoft Edge, and an active electronic mail (e-mail) account.
The Tool provides the User with a set of functionalities automating the processes of preparing products for sale, in particular:
- Nameplate scanning: Reading text data, including the brand, manufacturer part number, and serial number, from photos provided by the User using an optical character recognition (OCR) system. In the case of using the device's camera directly, this feature requires a one-time consent granted to the browser to access the camera, which may be revoked by the User in the browser settings at any time.
- Product data population: Automatically filling in the technical specifications and identification parameters of the item based on the retrieved data.
- Generation of listing titles and descriptions: Creating ready-to-use text structures including the title and description of the offer, facilitating the subsequent publishing of offers on external trading platforms, such as eBay.
- Market price analysis: Displaying price ranges depending on the technical condition of the item and providing a suggested market price.
- Photo editing: The ability to add product photographs and automatically remove their background to obtain a clean image.
- Data export: The ability to export a set of filtered product data to an external file in formats supported by the Tool.
- User configuration: The ability to customize settings, including the currency of suggested prices, the language of generated descriptions, units of weight, and applying a custom watermark to photos.
§ 4 Trial Period and Tokens
- Each User upon successful account registration receives a free trial period consisting of 10 Tokens.
- The processing of each individual product results in the non-refundable consumption of 1 Token from the User's balance in accordance with the definition specified in § 2 of these Terms and Conditions.
- After exhausting the 10 Tokens within the trial period, the ability to further process new images within the Tool is blocked until new Tokens are granted under the terms specified by separate arrangements or a price list.
- If a User exhausts their trial tokens and does not transition to a paid tier or separate arrangement within 30 days, the Operator reserves the right to delete the inactive Account along with all uploaded Materials without any liability.
§ 5 Rights to Materials and Privacy Protection
The User represents and warrants that they possess all rights, including proprietary copyrights, related rights, and industrial property rights (including protection rights for trademarks/logotypes), to the Materials uploaded or generated within the Tool, and that using this content within the Tool will not infringe upon the intellectual property or personal rights of any third parties.
The User retains their personal rights and ownership to the Materials. However, upon uploading or generating Materials within the Tool, the User grants the Operator a free (royalty-free), non-exclusive, sublicensable, territorially and temporally unlimited (perpetual and global) license to use these Materials for the performance of the Service Agreement, development of technology, marketing, and commercial purposes.
The license referred to in subsection 2 is granted in the widest possible scope across all fields of exploitation, including in particular the right to:
- Fixation and Reproduction: Permanently or temporarily record and copy Materials in server memory, computer networks, or any electronic and digital media, regardless of format or standard.
- Modification and Adaptation: Translate, adapt, alter, extract text data from, and create derivative works from the Materials, as well as use and dispose of such derived studies.
- AI and Algorithm Training: Use Materials for automated data processing, analytics, and for training, testing, developing, and refining artificial intelligence (AI) models, machine learning algorithms, and optical character recognition (OCR) systems owned or utilized by the Operator.
- Distribution and Display: Publicly display, broadcast, transmit, and present Materials via the Internet or other digital communication networks.
- Marketing and Promotion: Use Materials for the Operator's marketing, advertising, promotion, sponsorships, and sales promotion, as well as for educational or training purposes.
The User gives explicit consent to the Operator to exercise moral rights to the Materials and declares that they will not exercise these rights against the Operator or its authorized sub-licensees.
The Tool, including its underlying software, source code, user interface, graphic layer, and compiled data structures, constitutes a protected database owned entirely by the Operator. Users entering Materials do not become co-creators of this database. Automated data mining, web scraping, or systematic downloading of content or generated data from the Tool is strictly prohibited without the express written consent of the Operator.
Personal data, cookies, as well as operational and diagnostic data, including error reports collected by external analytical tools and data processing service providers such as Google Analytics and PostHog, are processed under the terms described in the Privacy Policy available at automasnap.com/privacy.
§ 6 Liability
- The Tool is provided on an "As Is" and "As Available" basis. The User uses the Tool completely voluntarily and at their own risk. The Operator makes no warranties of any kind, whether express, implied, or statutory, regarding the satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, or performance of the Tool.
- The Operator shall not be liable to Users or third parties for any damages related to the use of data generated by the Tool or the inability to use the Tool, regardless of the cause. Due to the automated nature of character recognition algorithms and external data processing systems, generated descriptions, titles, and market valuations must be verified by the User in each instance prior to their final commercial use.
- The Operator shall not be liable for the compliance of the generated Materials with the terms and rules of external platforms, such as eBay, nor for any potential blocking of the User's accounts on those platforms.
- The Operator excludes its liability for damages resulting from a lack of continuity in the provision of services, including those caused by circumstances beyond its control, which include force majeure, intentional network attacks blocking access, server infrastructure failures, as well as downtimes, unexpected deprecations, algorithm metric updates, or errors on the part of third-party technological system, hosting, large language model (LLM), or API providers (including, but not limited to, Google Gemini/Vision, OpenAI, and Amazon Web Services).
- The Operator shall not be liable for technical problems or limitations in the ICT systems and hardware used by the User that prevent the professional use of the Tool.
- The Operator's liability to the User arising from the provision of services is limited solely to actual damage and does not include lost profits. Furthermore, this liability is capped at the maximum amount of remuneration actually received by the Operator from the respective User for using the services within the given billing period.
- The Operator conducts ongoing supervision over the technical functioning of the Tool, exercising due diligence to ensure its proper operation, but does not guarantee that the Tool will be completely free of errors or that it will operate without any disruptions.
§ 7 Complaint Procedure
- Any complaints regarding the incorrect functioning of the Tool or improper provision of services by the Operator should be reported electronically to the e-mail address: support@automa.net.
- A complaint submission should include the User's name, the e-mail address associated with the account, and a description of the technical problem encountered.
- Correctly submitted complaints will be considered by the Operator immediately, no later than within 14 days from the date of their receipt. The User will be notified of the method of consideration of the complaint via e-mail.
§ 8 Amendments to the Terms and Conditions and Final Provisions
- The User has the right to stop using the Tool at any time and request the deletion of their account along with associated data by sending such a request to the e-mail address: support@automa.net. If the User requests account deletion during an active paid subscription or billing cycle, the Service Agreement will terminate at the end of the current paid billing period, and the Account shall remain accessible until the expiry of such period. The User is not entitled to a pro-rated refund for any unused portions of a subscription or remaining Token balances upon premature account deletion.
- The Operator reserves the right to introduce amendments to these Terms and Conditions for important legal, regulatory, or technical reasons, including changes in legal regulations, the implementation of new technologies, security considerations, or changes in the scope of services provided.
- The Operator shall inform about planned amendments by publishing the updated text of the Terms and Conditions on the website automasnap.com at least 14 days in advance. Within this period, the User has the right to refuse acceptance of the amendments by sending a relevant statement to the e-mail address: support@automa.net, which shall be equivalent to the termination of the agreement. The absence of an objection within the designated period shall be deemed as acceptance of the new version of the Terms and Conditions.
- In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on Providing Services by Electronic Means, and the Act on Copyright and Related Rights.
- The User is not entitled to transfer any rights or obligations arising from the agreement to a third party without the prior written consent of the Operator, under pain of nullity.
- If any provision of these Terms and Conditions is deemed invalid or legally ineffective, the remaining provisions shall remain in full force and effect.
- Any disputes arising between the Operator and the User shall first be resolved amicably. In the event that an amicable settlement cannot be reached, the dispute shall be submitted to the court of law having local jurisdiction over the registered office of the Operator, which is the Court in Rzeszów.