TERMS OF SERVICE

This Terms of Service, along with the Privacy Policy and General Data Protection Regulation EU 2016/697 Compliance Statement constitute a binding “Agreement” established by and between a Customer and/or User (hereinafter referred to also as “You”), and Feedink Sp. z o.o. (hereinafter referred to as “Company”, “Cropink”, “We”), with its registered and based in Poland, Al. Prymasa Tysiąclecia 48A/44A, 01-242 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City Warsaw, XIII Commercial Division of the National Court Register, under KRS number 0000570807, having a tax identification number: PL5272742296.

By accepting this Agreement, either by accessing or using Cropink Service, authorizing or permitting any of Your co-workers, employees, partners to access or use Cropink Service, You agree to be bound by the Agreement. By accepting the Agreement You warrant that You are at least eighteen (18) years old and may lawfully enter into contracts and form binding legal obligations.

If You are entering into this Agreement on behalf of a company, organization or another legal entity, You represent and warrant that You have the legal authority to bind this company, organization or another legal entity and its affiliates by the Agreement and that You are lawfully entitled to enter into contracts. In this case, the terms “Customer”, “User” (where applicable), “You”, “Your” shall refer to such company, organization or another legal entity and its affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and shall not use any of Cropink Services.

DEFINITIONS

All capitalized terms used herein will have the meanings set forth below:

“Account” means the access to the Service enabled with personalized login and password.

“Team” is the workspace in the Service that enables the management of “Users” and “Projects” within the Team.

“Project” means the space where the Customer or User manages the Service, each project is billed separately.

“Project Products” means the number of products imported into the Project.

“Agreement” means this Terms of Service, Privacy Policy as well as General Data Protection Regulation EU 2016/697 Compliance Statement. The Agreement may be extended to cover Non–Disclosure Agreement or Data Protection Addendum upon individual establishment of both Parties.

“Customer” means any person or entity who uses Cropink Service, has access to an active Service Account regardless of its version (Freemium, Trial or Paid) and has the admin’s permissions within the Account.

“User” means any person who uses Cropink Services with the access granted by the Customer.

“Personal Data” means personal data within the meaning of the 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 (hereinafter referred to as  – “GDPR”).

“Pricing” means the payment rules and price at which Service shall be provided to the Customer as defined in https://cropink.com/pricing or agreed with the Customer separately.

“Service” means services developed, supplied and maintained by the Company to the Customer and/or User under the Agreement available via at https://app.cropink.com/ and provided in a form of a web application accessible online.

“Subscription” means a model of payment offered by Cropink that implies that Customer and/or User can access the Service on a recurring basis upon recurring payment triggered automatically unless the Customer resigns from the Subscription. Cropink Subscription may be either Paid – delivered upon payment and in line with the Pricing (“Paid Subscription”), Trial – delivered temporarily upon free trial registration (“Trial Subscription”) or Freemium – delivered temporarily for free with Project Product limitation (“Freemium Subscription”)

“Website” means the https://cropink.com/ and any subpages related to the main domains.

“Figma” We use Figma as an external graphics editor; https://figma.com/

“Figma plugin”, Our plugin shared in the Figma community, used for linking Project data to Figma.

GENERAL STATEMENTS

1. Cropink provides web-based Services dedicated to individuals, businesses, teams, and organizations that use product feeds in marketing platforms with modified product images.

2. Accepting these Terms of Service along with other required legal documents constitutes a condition to use Services and each Customer is obliged to do so before accessing Our Service.

3. Cropink reserves the right to refine or change features, modify functionality, suspend or terminate the Service or the Website. Such action may be taken without prior notice to the Customer and/or User.

4. You grant the Cropink non-exclusive, unlimited in time and territorially unlimited right to use any of Your intellectual property (including trade-marks or service-marks) and company name and display it on the Cropink Website for promotional purposes. We reserve the right to use Your intellectual property and company name as a reference for promotional purposes on the Website and for other communication with existing and prospective Cropink customers and/or users. You can withdraw the consent for Us to do so anytime. Such notification may be delivered via email to [email protected]. 

5. All information, content, design and methods accessible through the Services as well as through Our Website are subject to the Company’s intellectual property rights (as, for example, copyright and trademarks) and are protected as so. You shall not use, download, share such content, designs or information for purposes other than related to using the Services unless You have Our written consent to do so. 

ACCEPTABLE USE POLICY

1. This Acceptable Use Policy applies to Cropink Services, Cropink Figma Plugin extension, and any URLs related to the main domains, all subdomains.

2. To ensure proper functioning and maintenance of the Service, the Customer and/or User shall not misuse the Service and as a consequence, the Customer and/or User is obliged not to intentionally or unintentionally hinder the functioning of the Service, for example, by reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any of its portion) or related systems, networks or data, cause adversary impact on the Cropink domain or IP reputation or affect in any adversary manner the relation of Cropink with its third-party providers;

3. The Customer and/or User shall not upload via the Service or share in any other manner content which may be deemed to be malicious, illegal or inappropriate, including but not limited to:

a. content related to pornography, sexual content, content displaying images or texts objectively recognized as offensive or cruel;
b. content related to racism, xenophobia, discrimination, hate speech, incitement to violence;
c. content related to or inciting fraudulent behaviors.

4. The Customer and/or User is obliged to comply with this Terms of Service and subsequent documents constituting the Agreement. Cropink reserves the right to permanently delete or temporarily suspend the Account of a person who violates the Agreement, violates legal requirements and obligations or company security or is otherwise subject to sanctions or other business restrictions without any prior notice and shall have no responsibility for any costs arising out of the result of such deletion or suspension. Furthermore, Cropink reserves the right not to renew the Subscription for of the Customer that fulfill the conditions as listed above.

5. The Customer and/or User is responsible for the accuracy, legality, and adequacy of data entered into the Service by the Customer and/or User as well as for every content shared through the Service.

6. Customers and/or Users can upload fonts, logos, graphics, and other content to the Service. Customers and/or Users retain all rights to all the data and content uploaded into the Service and are fully responsible for it.

7. Cropink shall have no responsibility for how Customers and/or Users process data (including Personal Data) inserted and gained through the Service. Upon using the Service, Customers and/or Users should obey the law of their country.

8. As a condition of using the Service the User shall:

a. be responsible for its employees, representatives, and affiliates that have access to the Services;
b. comply with any limitations or restrictions set forth in this Agreement;
c. use the Services only in compliance with applicable law both national and international including court orders (if applicable).

8. The Customer and/or User is responsible for secure storage of passwords and logins leading to the Accounts related to the Service. Cropink shall have no responsibility arising out of reckless or negligent credentials storage by the Customer and/or User.

SERVICE FUNCTIONALITY DESCRIPTION

After setting up the Account, for the period defined by the Company, the Customer and/or User has the right to a freemium or trial period which involves free access to all or limited currently available Cropink features and functions. As the Customer and/or User opts in for a “Subscription” to Cropink their Account will be referred to as “Paid Subscription”. The Service is then chargeable in terms determined in the Pricing. 

GDPR COMPLIANCE

1. Cropink stays compliant with GDPR and expects Customers and/or Users of the Service to respect the principles of the GDPR while processing the Personal Data of EU citizens.

2. Access to Customer and/or User data (including Personal Data).

a.  Customer and/or User has the right to access their Personal Data in order to exercise their right granted by the GDPR. Customer and/or User has the right to access their Personal Data, receive a copy of it, to rectify, delete Personal Data, limit Personal Data processing, object to Personal Data processing and transfer, lodge a complaint with the supervisory body and the right to withdraw consent (if given) to the processing of Personal Data. A detailed description of how to change Your data (including Personal Data) or ask for its removal can be found in Our Privacy Policy.

b. Cropink will not access or modify any piece of data (including Personal Data) or content unless it is necessary to provide the Service, prevent or resolve technical problems with the Service operation or at the Customer’s and/or User’s request with regard to support matters. Cropink will not disclose any part of its Customers and/or Users’ data (including Personal Data) or content, except as described in the Privacy Policy and this Terms of Service.

4. Cropink processes the following types of data as a data controller: Customers’ Personal Data, Users’ Personal Data and Agencies’ Personal Data (if applicable) i.e. name, last name, email address, contact details, basic billing information on invoices and settlements.

5. Customer processes the following types of data (including Personal Data) as a data controller: any Personal Data that is inserted into or uploaded to the Service, any other Personal Data inserted into or uploaded to the Service notwithstanding that inserted by the Customer or User. The Customer is obliged to process (including obtaining) Personal Data that they introduce into the Service in accordance with applicable law and the GDPR.

PAYMENTS, TERMINATION AND REFUND POLICY

1. Customers will be charged for the Subscription in accordance with the Pricing available on the Website or as specified in any custom agreement between the Company and the Customer. Any billing based on an agreement shall explicitly indicate if it involves a change in the pricing model, and all payment arrangements should be construed in alignment with the Terms of Service.

2. The Customer is responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.

3. As Cropink Subscription Customer You agree to pay Cropink the amount that is specified in the Pricing, and You authorize Cropink to bill Your payment instrument in advance on a periodic basis in accordance with this Terms of Service and the Pricing.

4. Cropink reserves the right, at its sole discretion, to modify the compensation structure with prior notice. This includes but is not limited to, circumstances such as the further development and expansion of the Services provided by Cropink.

5. If You dispute any charges, You must let Cropink know within sixty (60) days from the date that Cropink invoices You.

6. As Cropink collects payments it may have limited access to the Customer’s billing information. All payments are processed by the external third-party service provider, who ensures high-security standards.

7. All payments must be made through non-cash transactions, facilitated electronically by external professional entities. The Customer acknowledges and consents to Cropink practice of exclusively sending invoices and payment reminders through electronic means. Electronic receipts for all payments will be managed and securely stored in the Customer’s Account.

8. Subscription is valid for an unspecified period of time. Each party may terminate the Agreement without giving any reason. Upon the termination, the Customer and/or User will be able to access their Account for the period that has been covered by the last payment.

9. The Agreement between the Customer and Cropink may be terminated upon a written request delivered via email to [email protected].

10. The Customer may manage Subscription directly from the Service delivered by the Company.

11. Once You cancel the Account in the Service We may permanently delete Your Account and all the data associated with it, including Your emails from the Service.

12. If a legal provision obliges us to do so We may process Personal Data despite the cancellation request.

13. If You do not log in to Your Account for at least 6 months We may treat Your Account as inactive and permanently delete the Account and all data associated with it.

14. We reserve the right to change Our prices and/or pricing models including the metric that You are charged for during the term of this Agreement. If We do change prices and/or pricing models including the metric that You are charged for We will provide notice of the change – at Our discretion – on Our Website or via email to You. To continue to use the Service after the price change becomes effective and constitutes Your consent for the amended amount.

15. All amounts paid during the Subscription are non-refundable. The only exception from being non-refundable is when Cropink cancels Your Account without a cause. In such a case Cropink may refund a prorated portion according to Your billing cycle. Cropink will not refund any payment if there is a cause for the Account cancellation, such as a violation of this Terms of Service or Our Privacy Policy.

16.  If payment is not received by Cropink within the due date specified on the invoice or agreed otherwise between parties, and without prejudice to any other rights and remedies available to Cropink under this Agreement or by law, We may, without incurring liability to the Customer:
(i) Suspend access to all or part of the Services, including disabling the Customer’s password and limiting access to the Service. During the period of non-payment of the invoice(s), We shall have no obligation to provide any or all of the Services. 

(ii) Impose interest charges from the day on which the payments are due, at a rate not exceeding the maximum legal rate allowable under applicable law.

18. The Customer is responsible for covering all taxes associated with their purchases under this agreement. All fees owed by the Customer must be paid without any entitlement to counterclaims or set-offs, and without any deductions or withholdings, except as required by applicable law. In cases where applicable law mandates a deduction or withholding, the Customer is responsible for ensuring that Cropink receives an amount equal to what it would have received without such deduction or withholding. Furthermore, all fees for the Services, as per the current price plan, unless otherwise agreed, will be adjusted to account for any applicable taxes.

USER AND CROPINK RIGHTS

1. Intellectual Property. Except for rights expressly granted under this Agreement, nothing in this Agreement will function to transfer any of Cropink Intellectual Property rights to the Customer and/or User, and Cropink will retain exclusive interest in and ownership of its Intellectual Property.

2. The Customer and/or User is obliged to respect the Company’s Intellectual Property rights whether using the Service, or the Website. You may only use Our brand assets with Our consent. We reserve the right to review your Project and assets in the Service.

3. We may view the content You enter into the Service in case We need to solve a technical or functional issue or in case We suspect that You may violate the Agreement.

4. Furthermore, Cropink reserves its right to limit data retention time in case of Accounts with no active for more than 6 months. Accounts and with no active for more than 6 months may be scheduled for deletion. 

5. Customer and User represent and warrant that they either own or have the right to use all of the content they include, upload, or share via the Service. Cropink shall not be responsible for any of the data, text, numerical data, graphic materials, links, and other types of content uploaded, stored by Customers and/or Users within their Accounts. The Customer and/or User retains ownership of all materials uploaded to the Service. Such materials can be disclosed by the Company only as described in this Terms of Service and Privacy Policy.

LIABILITY

1. Cropink does not guarantee compatibility of offered Services with the software of other providers. Customer and/or User shall bear full responsibility for the choice and consequences following the use of other software in combination with the Service.

2. These Terms of Service are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law.

3. In no event and under no circumstances Cropink, its directors, members, employees or agents shall be liable to You for any direct, special, indirect, or consequential loss or damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise in any way connected with:

a. Your use or inability to use the Website, the performance of the Website;

b. any errors or omissions in the Website’s operation; any action was taken in connection with the Service;

c. any errors or omissions in the Website’s operation; any action was taken in connection with the Service, copyright or other intellectual property owners;

d. any damage to any Customer’s and/or User’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, stoppage, the accuracy of results, or computer failure or malfunction, even if foreseeable, or even if parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, higher power, telecommunications failure, or theft or destruction of the Service).

Compliance with Figma Services Policy

Our use and transfer to any other provider of information received from Figma will adhere to Figma Services User Data Policy, including the Limited Use requirements. 

CHOICE OF LAW

1. Parties agree that any disputes arising out of or in connection with this Agreement and the Service shall be resolved amicably.

2. Otherwise any disputes shall be solved by a court having jurisdiction over the registered office of the Company.

3. This Agreement shall be governed by, and construed in accordance with, the laws of Poland.