License Agreement for using Blinkfeed.ai

§ 1 Definitions

For the purposes of the Agreement, the following concepts and terms will have the meaning consistent with the definitions given below, capitalized to emphasize that it is a defined term:

§ 2 Subject of the agreement

  1. The subject of the Agreement is the granting by the Licensor to the Licensee of a perpetual, non-exclusive, non-transferable, territorially unlimited and non-assignable License to use the Software for the Licensee's internal use, in accordance with the terms specified in the Agreement and for the duration of the Agreement.

  2. The granting of the License for the Software is paid. The scope of the License in the variant selected by the Licensee is specified in detail in the Price List ("Pricing") published by the Licensor and constituting an integral part of the Agreement.

  3. The Licensor declares and ensures that it has exclusive and full property rights to the Software that is the subject of this Agreement, subject to the rights resulting from the use of third-party technologies and services (including Google Analytics, OpenAI, Stripe). The Licensor ensures that the use of these technologies is in accordance with their licenses and regulations and that the rights to the Software are not encumbered by any other third-party rights, and the disposal of them is not in any way excluded or limited.

  4. Under the Agreement, the Licensee only acquires the right to use the Software to the extent specified in the Agreement and does not obtain rights on the basis of the transfer of economic copyrights within the meaning of the Copyright Law (in whole or in part).

§ 3 Declarations of the parties

  1. The Licensor declares that:

    a. it is the creator of the Software and as such has copyright to it resulting from the Copyright Law (personal and economic).

    b. The Software is protected by Polish Copyright Law, international copyright agreements, and other generally applicable intellectual property protection laws.

    c. it is authorized to grant the License to the extent described in this Agreement, and also that the use of the Software to the extent specified in the Agreement does not infringe the copyrights of the Software creators.

    d. The Software is an independent and original work within the meaning of the provisions of the Act on Copyright and Related Rights and does not infringe the intellectual property rights of third parties, with the exception of third-party technologies and services (e.g., Google Analytics, OpenAI, Stripe) used in accordance with their licenses. The Licensor declares that it is entitled to grant the License to use the Software to the extent specified in this License and that the use of the Software in accordance with the terms of the License does not infringe the copyrights of third parties.

    e. it undertakes to ensure that persons entitled to moral rights to all or part of the Software will not exercise such rights in relation to the Licensee in a way that would prevent full use of the Software by the Licensee or other authorized entities.

  2. In the event of claims against the Licensee by third parties for infringement of their copyrights - as a result of the Licensee's use of the Software to the extent specified by this agreement - the Licensee shall immediately notify the Licensor of this fact, who undertakes to take over the above claims.

  3. The Licensee declares that:

    a. it undertakes to comply with the provisions of statutory and executive regulations in force in the Republic of Poland.

    b. without the express written consent of the Licensor, it has no right to use the Software to create a competitive product.

    c. it will also not take, directly or indirectly, any actions violating the Licensor's copyrights.

    d. it is obliged to exercise the utmost care to protect and secure the Software against unauthorized access to it by unauthorized persons.

    e. it will notify the Licensor of any cases of access to or use of the Software by any unauthorized person of which the Licensee becomes aware.

§ 3 License Restrictions

  1. The acquisition of the Software License by the Licensee imposes on it the obligation to comply with the provisions of this Agreement, the Privacy Policy, and other separate agreements between the Parties.

  2. The Licensee is obliged to use the Software for its own use, only in accordance with its purpose and functionalities, as well as in a manner consistent with the provisions of generally applicable law and good customs.

  3. The Licensee and Users with access to the Software are prohibited from modifying, disassembling, and copying the Software in part or in whole.

  4. By signing the Agreement and thus receiving the right to use the Software and any of its accompanying elements, the Licensee does not have rights to the Software under the applicable provisions of the Copyright and Related Rights Act.

§ 4 Conclusion of the agreement

  1. The condition for using the Software is:

    a) accepting the terms of this Agreement and the Privacy Policy - which takes place before the first launch of the Software on the Licensee's device (lack of acceptance prevents the use of the Software);

    b) registration by the Licensee via the Licensor's website leading to the creation of the Licensee's Account.

  2. Payment of the Subscription via the Stripe platform.

  3. The granting of the License takes place at the moment of meeting the conditions referred to in paragraph 1 above and the commencement of use of the Software by the Licensee / User.

  4. The use of the Software means in particular its launch, loading, use, download, access or other use or obtaining benefits from the Software.

  5. The License is granted to the extent of full, paid use of the programming in accordance with the provisions of the Agreement.

§ 5 Duration of the Agreement

  1. The Agreement is concluded for a definite period in accordance with the purchased Subscription, and further use of the Software will be possible after purchasing the License for a further subscription period.

  2. The Agreement remains in force until its termination.

  3. After the expiry of the period specified in paragraph 1 above, the Agreement is terminated or, in the case of paying the appropriate License Fee, is extended for a further subscription period.

  4. The extension of the License is subject to the License Fee on the terms specified in the Agreement.

§ 6 Scope of responsibility of the Parties

  1. The Licensor is not responsible for the correctness or accuracy of data generated by software based on the OpenAI GPT-4o model. The User uses the data generated by OpenAI at their own risk and responsibility.

  2. By using the Software, the User accepts the license terms for all integrated third-party technologies and services - Google Analytics, OpenAI, Stripe. The User undertakes to comply with the license terms of these services.

  3. The Licensor does not guarantee that the Software will meet the Licensee's requirements or that the Software will operate without obstacles.

§ 7 Processing of personal data and Privacy Policy

  1. The Licensor processes personal data provided by the Licensee in accordance with applicable law and the Privacy Policy.

  2. The processing of personal data by the Licensor is limited to:

    a) User names and email addresses;

    b) Payment information;

    c) Information about the user's IP address, operating system, and location (approximation of geographical data);

    d) Email data.

  3. Additionally, the Licensor has the right to process user usage and interaction data with Blinkfeed, which is collected through Google Analytics for analytical purposes and to improve the quality of services.

  4. As part of maintaining security, the content of emails is stored locally on the User's device, and usernames and email addresses are stored in the Redis Cloud database.

  5. The Licensor has implemented appropriate technical and organizational measures to protect data, including encryption, access control, and conducts regular security assessments.

  6. The Licensor stipulates that data used for email management and preparation of suggested responses will not be used to train the GPT-4o model on OpenAI's side.

  7. All rules for collecting and processing personal data are contained in the Privacy Policy, available at the following address: https://blinkfeed.ai/privacy

  8. The provision of personal data by the Licensee is voluntary, however, the provision of some data is necessary for the proper functioning of the Software.

  9. The Licensee has the right to access the content of the processed personal data and to control the processing of data, including supplementing, updating, correcting personal data and their deletion.

  10. The Licensor complies with the relevant data protection regulations, including GDPR, CCPA, LGPD, and FADP.

  11. The Licensor reserves the right to periodically update the Privacy Policy. In the event of changes, the Licensor undertakes to inform Users of any changes by publishing a new Privacy Policy on its website. Users should regularly check the website and Privacy Policy to familiarize themselves with any changes.

  12. The administrator of the Licensees' personal data is the Licensor. However, the Licensor is not the administrator of other personal data stored by the Licensee via the Software.

§ 8 Sublicense

  1. The Licensor reserves the lack of possibility to grant a sublicense to the Licensee.

§ 9 Remuneration

  1. For the use of the Software by the Licensee during the period covered by the License, the Licensor is entitled to remuneration (License Fee).

  2. The Licensor places on the website in the form of a Price List ("Pricing") information about the current price of the License for the Software. The individual ranges of Software functionality within the types of paid Subscriptions, as well as the amount of fees paid for selected periods of Software use are indicated in the Price List.

  3. The License Fee is payable in the amount and on the terms specified in the version of the Price List current at the time of concluding the Agreement (including extending the Agreement) and is collected from the Licensee on the following terms:

    a) payable in advance, for the billing period selected by the Licensee under the Subscription;

    b) carried out using the forms of payment indicated in the Agreement and Privacy Policy;

    c) after selecting the electronic payment system, the Licensor's Website redirects the Licensee to the appropriate website of the operator of the given payment system in order to make the payment as the License Fee;

    d) The Licensor will issue a VAT invoice for the purchase of the License - the VAT invoice will be issued and delivered in electronic form to the email address provided during registration for the amount from the Price List corresponding to the selected package under the Subscription; after making the payment, the Licensor will enable the Licensee to use the Software;

    e) The License Fee is non-refundable;

    f) The Licensee authorizes the Licensor to issue VAT invoices without the recipient's signature;

    g) the date of payment is considered to be the date of crediting the Licensor's bank account;

    h) The License Fee may also be paid via recurring payments allowing for automated payment of the Subscription - recurring payments will be launched on the terms specified on the Website, provided that such an option is selected by the Licensee and the Licensee consents to collect funds from the payment card indicated by them;

    i) the payment operator - Stripe - bears sole responsibility for irregularities in the functioning of the payment system and non-performance or improper performance of payment handling as part of payments made by the Licensee for the License.

  4. The Licensee is obliged to inform the Licensor about any changes to the data needed to issue an invoice with an appropriate at least 14 days' notice from the date of the event causing the change, under pain of effectiveness of delivering the invoice based on the data held by the Licensor.

  5. Failure to pay the License Fee (subsequent License Fee as part of extending the Agreement) is tantamount to blocking access to the use of the Software, Software updates and technical support, until the License Fee is paid.

§ 10 Scope of the License

  1. The Licensee has the right to use the Blinkfeed.ai software on personal and business devices in accordance with the terms of this Agreement.

  2. The Licensee may install and run the software on their computers and mobile devices.

  3. The Licensee may synchronize their emails with the software and process parts of emails through OpenAI to generate responses.

  4. The Licensee may, through the Software, manage their email to optimize productivity, in terms of browsing concise summaries of entire email threads, prioritizing urgent messages, and filtering emails.

  5. The Licensee may integrate calendar analysis to streamline response suggestions, significantly reducing the time spent on email correspondence.

  6. The Licensee may automate sending reply messages, follow-ups, respond to recurring questions, and organize emails.

  7. The Licensee has the ability to review and approve all automation actions before they are launched to avoid sending accidental messages.

  8. Data regarding the use of the Software may be collected and analyzed using Google Analytics to improve the quality of services.

  9. The Licensee additionally undertakes to:

    a. secure the Software against access to it by unauthorized Third Parties;

    b. cooperate with the Licensor to the extent necessary to protect the copyrights to the Software;

    c. use the Software in accordance with its intended purpose;

    d. immediately notify the Licensor about any use of the Software inconsistent with the Agreement, about any violations and suspicions of copyright infringement to the Software by any entity, as well as about any irregularities, defects, errors in the operation of the Software, and also to undertake in good faith cooperation with the Licensor in the process of eliminating these irregularities;

    e. not engage or participate with any third party in unauthorized production, reproduction, delivery, transfer or use of false, pirated or illegal software in any way related to the Software (including created based on it).

    f. not make any changes, additions, adaptations or modifications, further translations, reproductions (reverse engineering), decompilations, disassembly and breaking of the Software source code.

    g. not perform activities aimed at creating computer programs based on the Software with a similar purpose or function as the Software.

    h. not use viruses, worms, Trojan horses and other codes and instructions aimed at distorting, removing, damaging, disassembling the Software.

    i. not remove, cover or change copyright information.

    j. not use in any way the Licensor's trademarks or other trademarks placed in the Software. All trademarks, including the name and logo of the Software, are subject to legal protection under the relevant generally applicable laws. The Licensee, without the prior written consent of the Licensor or other appropriate entities, is not entitled to record, reproduce or distribute intangible assets referred to in the first sentence above, in whole or in part, by any means and in any form.

  10. The Licensor is entitled to control the compliance of the Licensee's use of the Program with the terms of the Agreement, in particular, it may demand access to the location of the Software.

  11. The Licensor is entitled to entrust the performance of the Agreement to third parties.

§ 11 Technical requirements

  1. The use of the Program requires having a device with Internet access. Preferred technical requirements for proper use of the Program: Windows 10 operating system or newer or macOS 14 or newer or Linux, where the licensor informs that it has not tested support for this platform and is not responsible for any errors in the program's operation, monitor and graphics card: compatible with XGA standard, minimum resolution 1024x768 16bit, mouse or other manipulator and keyboard.

§ 12 Updates

  1. The Licensor, during the period of validity of the Agreement, may provide the Licensee with updates to the Software. The Licensee acknowledges that the Software may also automatically download and install updates.

  2. The updates referred to in paragraph 1 above are intended only to improve, modernize and develop the Software and may take the form of programs correcting defects, improved or new functions, or completely new versions of the Software.

  3. The Licensee agrees that all or part of each update referred to in paragraph 1 above will be installed automatically without taking any action on the part of the Licensee or undertakes to take such actions if necessary.

  4. Any additional or new components of the Software provided as part of the updates referred to in paragraph 1 above form an integral part of the Software and are subject to the provisions of this Agreement.

§ 13 Termination of the agreement

  1. After the expiry of the Subscription period, the Agreement is terminated.

  2. After the termination of the Agreement, in the case of paying another appropriate License Fee, the License is extended for a further subscription period.

  3. The Licensee may terminate the Agreement at any time by notifying the Licensor of their decision in writing (email) under pain of nullity. Then, the Licensee may use the Software until the end of the given billing period. After its expiry, no further payment will be collected.

  4. In the event of a breach by the Licensee of any of the provisions of this Agreement, it is terminated and does not result in any obligations on the part of the Licensor (in particular, it does not result in the return of the License Fee to the Licensee).

§ 14 Final provisions

  1. In matters not regulated in this agreement, the provisions of the Republic of Poland's Act on Copyright and Related Rights and the Republic of Poland's Civil Code shall apply.

  2. Any changes and additions to the agreement require written form under pain of nullity.

  3. Any disputes arising from this agreement will be resolved by the common court competent for the seat of the Licensor.