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  1. ABOUT US
    UpMenu is owned by TASTYSOFT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (a limited liability company) with a registered office in Łódź (address for service: Sienkiewicza 85/87/8 P. XI, 90-057 Łódź); entered in the Register of Entrepreneurs of National Court Register under KRS number 0000411725; The Registry Court in which the company documentation is stored: The District Court of Łódź — Śródmieście in Łódź, XX Commercial Division of KRS (National Court Register); Share capital of PLN 5 000; NIP (taxpayer identification) number: 7252058310; REGON (National Business Registry) number: 101374260 (hereinafter: “Service Provider”).
  2. DEFINITIONS
    For this regulation, the following definitions shall apply:
    1. CIVIL CODE — the act of 23 April 1964 (Journal of Laws No 16, item 93, with later amendments).
    2. CUSTOMER PANEL — Electronic Service, available after the creation of the Recipient’s account at www.upmenu.com/admin
    3. COPYRIGHTS — the act of 4 February 1994 on copyright and derivative rights (Journal of Laws No 24, item 83, with later amendments).
    4. TERMS AND CONDITIONS — terms and conditions for the use of the Service
    5. WEBSITE, UPMENU SERVICE, UPMENU — the Service Provider’s website, available at https://www.upmenu.com/, consisting of the Customer Panel and its functionalities, as well as a website where the Recipient can access functionalities that do not require a Customer Panel.
    6. SERVICE — this service is provided by the Service Provider to the Recipient through the UpMenu Website in accordance with the Terms and Conditions.
    7. RECIPIENT — (1) A natural person with full legal capacity, for whom the use of the Service, including the conclusion of contracts for the provision of services, is directly related to their business or professional activity (i.e., not a consumer in this case); (2) Legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; — using or intending to use the Service
    8. SERVICE PROVIDER — TASTYSOFT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (a limited liability company) with a registered office in Łódź (address for service: Sienkiewicza 85/87/8 P. XI, 90-057 Łódź); entered in the Register of Entrepreneurs of National Court Register under KRS number 0000411725; The Registry Court in which the company documentation is stored: The District Court of Łódź — Śródmieście in Łódź, XX Commercial Division of KRS (National Court Register); Share capital of PLN 5 000; NIP (taxpayer identification) number: 7252058310; REGON (National Business Registry) number: 101374260.
  3. ORDERING THE SERVICE AND PAYING FOR THE SERVICE
    1. The Service can be ordered through the Customer Panel
    2. The Service is paid for in advance via online payment
    3. The Service is considered successfully ordered by the Recipient when:
    4. The Recipient has paid for the Service
    5. The Recipient has sent to the Service Provider all materials required by the Service Provider
    6. The Recipient has completed all tasks necessary for the Service (e.g., profile configuration, card adding, etc.) required by the Service Provider
    7. The Recipient has given the Service Provider all necessary permissions to external resources needed to perform the Service (e.g., domain access, social media profiles access, etc.).
  4. GENERAL TERMS OF SERVICE
    1. All the most important conditions of the Service, such as the scope of the Service, cost of the Service, conditions of the Service, minimum duration of the Service, and dates of performance of the Service are described in the UpMenu in the Customer Panel. This paragraph explains certain conditions in detail.
    2. Promote UpMenu with the use of materials created during the performance of the Service and with the use of results from the performance of the Service (including the creation of case studies from the performance of the Service)
    3. The Service Provider undertakes to run Facebook advertising. One package advertises one restaurant.
    4. The Service Provider undertakes and has the right to run advertising in any manner to the best of its knowledge and skill. The Service Provider does not send ads to the Recipient for approval
    5. The Recipient has the right and possibility to monitor the effects of advertising in Facebook Ads Manager.
    6. The Recipient has the right to make comments and suggestions on how the Service is performed, but they are not binding on the Service Provider.
    7. The Recipient agrees to provide full administrative access to Facebook Business Manager and, at the request of the Service Provider, the necessary access to perform the required integrations to perform the Service.
    8. The Service Provider does not guarantee the results shown in the initial calculation.
    9. The Recipient may increase the monthly budget during the Service.
    10. The monthly budget is taken directly from the Recipient’s card added to Facebook Business Manager
    11. Budget consumption will depend on the number of visitors to the Recipient’s website, the attractiveness of the Recipient’s content and the activities of the competition.
  5. COMPLAINTS ABOUT THE SERVICE
      1. Complaints about the Service may be submitted by the Recipient through the contact form available on the Website in the “Contact Us” tab, or submitted in writing to the address listed below: Sienkiewicza 85/87/8 P. XI, 90-057 Łódź.
      2. The Service Provider recommends specifying in the description of the complaint: (1) The detailed information and circumstances, especially the type and the date of the irregularity; (2) The Recipient’s claims, and (3) the contact details of the person who submits a complaint — This will facilitate and speed up the processing of the complaint by the Service Provider. However, those requirements are only a recommendation and do not affect the effectiveness of complaints that will not contain this information.
      3. The Service Provider will address the complaint immediately, at the latest 30 calendar days following the submission of the complaint.
    1. ADDITIONAL CONTRACT PROVISIONS
      1. The Service Provider has the right to withdraw from the Contract within 14 calendar days from the date of its conclusion with the Recipient. Within the given period, the Contract can be withdrawn without giving reasons, and it cannot give rise to any claims on the part of the Recipient to the Service Provider.
      2. In accordance with Article 558, para. 1 of the Civil Code, the Service Provider excludes its liability for the warranty to the Recipient under any contract concluded on the Website.
      3. The Service Provider is entitled to verify the veracity, reliability, and accuracy of the information provided by the Recipient at any time. In terms of verification, the Service Provider is entitled, among others, to request the Recipient to send a scan of their certifications or other documents needed for verification. The Service Provider is entitled to suspend the Service for the duration of the previously mentioned verification.
      4. The Service Provider performs the Service to the best of its ability. Under no circumstances the Service Provider and its suppliers will be liable for damages or violations of third-party rights caused directly or indirectly by the performance of the Service. This includes damages caused by not being able to use the Website, interruptions in service, and any recurring, incidental or special damages of any kind, including loss of profits, lack of results or cost reduction, regardless of whether the Service Provider representative was informed of the possibility of such damage, or claims by a third-party.
      5. The Service Provider does not verify the reliability, correctness, and veracity of the content entered by the Recipient in the Customer Panel that is necessary for the performance of the Service. The Recipient uses the Customer Panel, enters content into it, and uses its functionality at its own risk.
      6. The Service Provider is not liable for damages and non-fulfillment of obligations resulting from force majeure or any other cause beyond the control of the Service Provider.
      7. Under no circumstances the Service Provider is legally liable for damages arising from the use, misuse, or inability to use the Website regardless of how the damages arise and what they relate to, whether in contract, tort or any other form of liability, even if the Service Provider knew, should have known or was informed of the possibility of such damage.
      8. The Service Provider is liable to the Recipient, regardless of the legal basis, only up to the amount of fees paid by the Recipient for the Service Provider’s Services. The Service Provider is liable to the Client only for typical and factual damage that was foreseeable at the time the contract was concluded, excluding lost profits.
    2. ENTRUSTING THE PROCESSING OF PERSONAL DATA
      1. The use of the Service may require the Recipient to entrust the Service Provider with personal data belonging to third parties (in particular, customers of the Recipient’s restaurant). The entrustment of personal data processing is regulated in Appendix 1 to these Terms and Conditions.
    3. FINAL PROVISIONS
      1. Contracts concluded with Tastysoft sp. z o.o. through UpMenu are concluded in accordance with Polish law and in the Polish language.
      2. If any of the Terms and Conditions provisions prove invalid in whole or part, the remaining provisions remain in force. At the same time, the Service Provider and the Service Recipient agree, at the request of either of them, to replace the invalid provisions with provisions that are most similar to the provisions being replaced in terms of legal force and economic effect.
      3. Amendments to the Terms and Conditions — The Service Provider reserves the right to update and amend these Terms and Conditions for important reasons, for example: changes in the law; addition of new Services or important changes in the scope of current Services — to the extent that these changes affect the provisions of these Terms and Conditions. The amended Terms and Conditions are binding on the Recipient if the requirements specified in Articles 384 and 385, para. 1 of the Civil Code have been met; That means the Recipient has been accurately notified of the changes and has not terminated the Contract within 14 calendar days from the date of notification.
      4. Any disputes arising between the Service Provider and the Recipient will be submitted to a court with territorial jurisdiction over the seat of the Service Provider.
      5. In matters not regulated by these Terms and Conditions, General provisions of Polish law shall apply, particularly provisions of the Civil Code; the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No 144, item 1204, with later amendments); and other relevant provisions of generally applicable law.

ATTACHMENT NO. 1 TO THE TERMS AND CONDITIONS: PERSONAL DATA PROCESSING ENTRUSTMENT AGREEMENT
The Recipient (hereinafter: “Trustor”) and the Service Provider (hereinafter: “Processor”) in order to comply with their obligations under the law, in particular, with the provisions of Regulation (EU) No 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), hereinafter referred to as GDPR, as well as for the proper implementation of the provisions of these Terms and Conditions. The Trustor entrusts the Processor with the personal data of third parties for processing so that the Processor provides the services indicated in the Terms and Conditions and to the extent and in accordance with the terms of this Contract and with the provisions of the Terms and Conditions.

  1. The Trustor declares that the personal data entrusted to the Processor for processing has been collected in accordance with applicable laws and that they are the administrator of the provided data.
  2. The Processor undertakes to use personal data only to the required extent for the performance of the Services referred to in the Terms and Conditions.
  3. The range of the data processed includes: the name, email address, phone number, order data and social media profiles of the Recipient’s customers whose data were entered by the Recipient through the UpMenu system tools into the Customer Panel in order to handle orders created by these people in the Recipient’s restaurant with the use of the UpMenu system.
  4. The Trustor entrusts the data for the sole purpose of:
    1. proper fulfillment of the Contract by the Processor, including the Contract for the provision of the Service (the data is kept for the period necessary to perform, terminate or expire the concluded Contract) — Article 6(1)(b) of GDPR.
    2. establishment, vindication or defense of legal claims that may be raised by the Trustor against the Processor or that may be raised by the Processor (data is kept for the period of existence of the legitimate interest of the Processor, but no longer than the limitation period of claims, i.e. 3 years for claims related to the conduct of business) – pursuant to Article 6(1)(f) of GDPR.
  5. The Processor processes the entrusted personal data only on the basis of a duly documented request from the Trustor. The Processor will not entrust personal data to further entities without the express written consent of the Trustor in this regard.
  6. Before processing personal data, the Processor undertakes to secure them by implementing and maintaining technical and organizational measures that ensure an adequate degree of security corresponding to the risks involved in personal data processing referred to in Article 32 of the GDPR Regulation.
  7. The Processor undertakes to use its best endeavors in processing the entrusted personal data. The Processor undertakes, to the best of its ability and taking into account the nature of data processing and the information available, to help the Trustor comply with the obligations under Articles 32-36 of the GDPR Regulation, as well as in responding to the data subject’s requests for the exercise of their rights.
  8. The Processor undertakes to grant authorizations to process personal data to all persons who will process the entrusted data to perform this Contract on its behalf.
  9. The Processor undertakes to ensure that the processed data are kept confidential by the persons authorized to process personal data for the purpose of this Contract — both during their employment and after the termination of their employment.
  10. After completing the processing services, the Processor deletes all personal data and any existing copies of the data, unless European Union law or the law of a Member State mandates the retention of personal data.
  11. The Processor declares that any person (e.g., full-time employee, a person under civil law contracts, or other persons working for the Processor) who is allowed to process data entrusted by the Processor will be obliged to keep such data confidential. This secrecy also includes information on securing the personal data entrusted for processing.
  12. about any legally authorized request to provide personal data to state authority, unless the prohibition of notification results from the provisions of the law, especially if determined by criminal procedural rules, when the prohibition is aimed at ensuring the confidentiality of the initiated investigation;
    1. about any legally authorized request to provide personal data to state authority, unless the prohibition of notification results from the provisions of the law, especially if determined by criminal procedural rules, when the prohibition is aimed at ensuring the confidentiality of the initiated investigation;
    2. about any unauthorized access to personal data;
    3. about any request received from the person whose data is processed while refraining from responding to the request;
    4. about an initiated audit of how the entrusted personal data is processed;
    5. about any doubt regarding the instruction given to them by the Trustor if, in their opinion, it will constitute a violation of the GDPR Regulation.
  13. The Processor will make available to the Trustor, upon request, all information necessary to demonstrate that the Processor has complied with the obligations imposed by the Trustor under this Contract, as well as the provisions of the GDPR Regulation.