I. Definitions

TERMS OF USE

These Terms of Use define the rules for using the ModeView Service by its Users in accordance with the (Polish) Act of 18 July 2002 on the provision of electronic services.

SERVICE

ModeView is an internet service that enables management of multimedia presentations of items (products) in the form of multimedia files (360 presentations, video files, photo files), available at http://www.modeview.com. The service is intended for Users engaged in business, professional or commercial activities (companies, entrepreneurs, freelancers) who do not engage in competitive activities with ORBITVU. The Service is not intended for consumer purposes. The rules on the special protection of consumer rights do not apply to the Service.

SERVICE ADMINISTRATOR

The administrator and owner of the Service is Orbitvu Sp. z o. o. with its registered office in Tarnowskie Góry, Sienkiewicza 48, registered in the National Court Register kept by the District Court in Gliwice under the KRS number 0000366154, having the Tax Identification Number (NIP) 6452515131.

SUBSCRIPTION

A defined plan of paid access to the ModeView Service under which the User can use the Service.

USER

A natural or legal person who has registered with the Service and accepted these Terms of Use to use the Service for business or professional purposes.

ACCOUNT

A part of the Service available after the User logs in, allowing for operations on the Stored Resources belonging to the User.

STORED RESOURCES (RESOURCES)

Information, data, multimedia materials, names, signs, symbols placed within the Service by the Administrator and the User.

FUNCTIONALITIES

Operations possible on the Stored Resources within the Service.

PUBLISHING STORED RESOURCES

The key functionality that allows the User to publish and share Stored Resources.

II. General rules

1. By registering, the User declares that they have read the contents of these Terms of Use and fully accept them.

2. The Service is available at  www.modeview.com .

3. The Service includes at least the following functionalities:

   • publishing of Stored Resources

   • configuration of Resources

   • generating HTML code enabling easy embedding of Resources

   • management of Resources:

   • adding a Resource

   • storing a Resource

   • browsing and searching Resources

   • editing Resources

   • creating multimedia presentations consisting of Resources

   • exporting Resources

   • transferring Resources to another User

4. The User may only publish Resources within the Service for which they have obtained permission for publication and use or for which they are the author. By publishing Resources within the Service, the User declares that they have the copyright to them or a license to distribute and use them to the extent necessary for their use within the Service in accordance with these Terms of Use.

5. By publishing Published Resources, the User does not transfer the copyright to them to the Administrator, which will remain with the previous copyright holders. However, the Administrator is granted a non-exclusive, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Stored Resources in connection with the provision of the Service, subject to the restrictions set forth in these Terms of Use.

6. Posting Resources containing content that is unlawful, in violation of applicable law, incites racial, ethnic, or religious hatred, is generally considered morally reprehensible or socially unacceptable, contains pornographic material, promotes fascism, Nazism, communism, violence, insults religious sentiments, infringes on the rights of others including copyright, industrial property, and personal rights, as well as distributing images of individuals who have not given their consent is prohibited.

7. The User bears full responsibility for any violation of the rights of third parties, including copyright and personal rights. In the event of any claims by third parties arising from the User's use of the Service, the User shall bear all costs of defending against such claims and shall reimburse the Administrator for all reasonable costs incurred as a result of such claims raised by third parties.

8. The Administrator shall not be liable for:

   • damages caused by improper use of the Service by Users

   • Service malfunctions, if they result from events that the Administrator could  not reasonably foresee or prevent, in particular in the case of Service malfunctions related to the quality of services provided directly by network operators, equipment failures, force majeure events, or unauthorised interference

   • interruptions in the provision of the Service due to technical reasons (e.g. maintenance, inspection, equipment replacement)

9. The Administrator shall make every effort to ensure the proper functioning of the Service, but does not guarantee the preservation of entrusted Resources and data. Their possible loss cannot be the subject of any claims against the Administrator. The User should have their own backup of the Resources stored within the Service.

10. The Administrator shall make every effort to ensure the reliability and availability of the Service around the clock. However, the Administrator does not guarantee the possibility of connection and reserves the right to suspend the provision of the Service for technical reasons, including maintenance breaks.

11. Messages sent by the Administrator to the email address provided by the User are deemed effectively delivered.

12. The Administrator reserves the right, in the event of a violation of these Terms of Service, to block or permanently delete the User's account along with their Resources without prior notice and without giving a reason, in particular in the event of any doubts as to the legality of the source of the Resources, the content contained therein, or any infringements of the rights of third parties, including copyright, industrial property, and personal rights.

13. Termination of the provision of the Service by the Administrator occurs with the blocking or deletion of the User's account, as well as in the event of the User's failure to pay the necessary fees for using the Service in accordance with the Subscription.

III. Administrator's Copyrights to the Service

The Administrator is the owner of the Service and all its components (excluding Stored Resources), including software, and has full copyright ownership.

IV. Personal Data and Privacy Policy

1. The personal data provided by the User to the Administrator will be stored and processed in accordance with the applicable law, in particular with 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").

2. The Controller of the personal data provided by the User is the Service Administrator.

3. By registering, the User is obliged to provide true data, including company and personal data, such as first name, last name, e-mail address, address, and contact telephone number. This data will not be visible to other Users.

4. The legal basis for processing personal data provided by the User is:

   1. Article 6(1)(b) of the GDPR (processing is necessary for the performance of a contract with the User or to take steps to enter into a contract at the User's request). This applies to the processing of personal data necessary to provide the Service to the User.

   2. Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the Controller). This applies to sending technical newsletters to the User containing information about the functioning of the Service, such as account expiration, technical interruptions, new functionalities, and legal warnings.  As long as the User has an account for the Service, the Administrator  reserves the right to send them the above-mentioned technical information.

   3. Article 6(1)(a) of the GDPR (processing is based on the User's consent). This  applies to situations where the User contacts us by email or through a contact form to receive commercial information (such as a marketing newsletter or an offer).

5. The User's data held by us will not be disclosed to other individuals or entities for advertising or commercial purposes.

6. The Administrator registers all User Resources with the IP addresses from which they were added and deleted. If there is a reasonable suspicion of an offence or crime, the Administrator will provide this data to the authorised law enforcement authorities. The Administrator will also provide IP addresses upon request by authorised bodies. The basis for processing the above data will be Article 6(1)(f) of the GDPR (the legitimate interest of the Administrator).

7. The User of the Service has the right to access, edit, or delete his or her data within his or her Account.

8. Other information required by law regarding our processing of personal data is included in the ORBITVU Privacy Policy, available at  https://orbitvu.co/account/privacy .

V. Technical requirements

The following technical requirements are necessary for cooperation with the teleinformatics system used by the Administrator to provide the Service:

• Internet connection with a minimum bandwidth of 512 kbit/s,

• Internet browser such as EDGE, Chrome, Opera, FireFox or Safari, in the latest available version, that enables calling and browsing hypertext files (HTML) on a  computer screen (or other electronic device),

• Support for Javascript language and acceptance of "cookies".

VI. Fees

The User uses the Service within the subscription plan. The Administrator publishes the terms and types of plans, along with prices, on the Service's website.

VII. Complaints

1. Complaints regarding the functioning of the Service may be reported by the User via email to the Administrator at  it@mode360.eu .

2. The User will be notified of the way the complaint will be handled in the same way as they submitted the complaint, within 14 days from the date of submitting the complaint.

VIII. Other provisions

1. All issues regulated herein shall be governed by the laws of the country where the Administrator is based.

2. In matters of dispute, the deciding authority shall be a Polish common court with jurisdiction over the Administrator's registered office. Before initiating a court  proceeding, the User is obliged to use the complaint procedure specified in the Regulations.

3. The Service Administrator reserves the right to make changes to these Terms of Use for valid reasons. The User will be informed about any planned changes to these Terms of Use by email, no later than 15 days before they come into force. In case the User does not agree with the proposed changes, they will have the right to terminate the Service Agreement within 15 days from receiving the notification of planned changes.

4. These Terms of Use come into force on the day of 10th of April 2023 and remain in effect until it is amended or repealed.