Terms of Use

REGULATIONS OF THE WWW.OXLA.COM INTERNET SITE

PRELIMINARY PROVISIONS
1. These Regulations establish the rules for the provision of services by the Service Provider (as defined below) through the website available at www.oxla.com, including, in particular, the rules of downloading, installation and use of the Product by the User.
2. The Provider of the Site and the services offered through the Site is Oxla sp. z o.o. with its registered office in Warsaw (02-703), ul. Bukowińska 2/189, entered into the Register of Business Entities by the District Court for the City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under No. 0000851382, REGON: 386608946, NIP: 5213902284, with a share capital of PLN 202,000.00 (the “Service Provider”).
3. You may contact the Service Provider by email at: [email protected];
4. These Regulations shall be continuously available on the Site in a manner making it possible to acquire, reproduce and record their content by printing or saving them on a permanent carrier, such as a computer device, at any time.
DEFINITIONS
1. Cluster – a certain number of Nodes that have the same OXLA_HOME folder configuration which are interconnected.
2. Host – a physical or virtual server that can host zero or multiple Nodes.
3. Node –a one running instance of Product running on same Host.
4. Privacy Policy –the document available on the Site, describing, in particular, the rules governing the processing of Users’ personal data in connection with the use of the services available on the Site, including, in particular, in connection with the download, installation and use of the Product.
5. Product – software constituting a database with analytical functions, described in detail in these Regulations and in the documentation available at https://docs.oxla.com, made available for download through the Site in the manner and on the terms indicated in the Regulations.
6. Regulations – these Regulations.
7. Site – the website operated by the Service Provider at www.oxla.com.
8. User – a natural person running a sole proprietorship having full legal capacity, or a legal person or an organisational unit without legal personality, to which the legislature has granted legal capacity, using or intending to use the Service Provider’s services described in the Regulations. Users may only be business entities for whom the agreement for the provision of a given service is of a professional nature.
GENERAL TERMS AND CONDITIONS OF USING THE SITE
1. The Site serves to present the Service Provider’s offer and to provide access to materials, services and functionalities, including, in particular, access to the Product offered by the Service Provider.
2. The Regulations define the type and scope of services provided electronically on the Site, the conditions for the conclusion and termination of agreements, the rules of the use of the Site by the Users, the rules of the use of its additional functionalities, and the rules of downloading, installing and using the Product.
3. A person acting on behalf of a User who is not a natural person shall, by accepting the Regulations and/or starting to use any of the services described in the Regulations, declares, under pain of legal consequences, that he/she is a person authorised to act on behalf of that User either as his/her representative or proxy, as a partner of a partnership, or as an organ of a corporation or another legal person. The User shall be liable for perjury and for any damage to the Service Provider’s property caused by a User’s act.
4. The User, concludes an agreement for providing access to the Site, under the terms and conditions specified in these Regulations, for an indefinite period of time, at the moment when the User effectively brings up the URL address of the Site in the browser window of the User’s device or when the User utilises a redirecting link leading to the Site (i.e. when entering the Site); the agreement for providing access to the Site is terminated when the User leaves the Site.
5. The User will be able to use the Service provided that the User’s ICT system meets the following minimum technical requirements:
  - a ready-to-use browser installed on the User’s Internet-connected device must support HTML5 and the .pdf format; and
  - cookies and javascript must be enabled in the User’s browser;
6. the recommended screen resolution for viewing the Site is 1280 pixels.
7. No fees will be charged or levied for using the Site. For the avoidance of doubt, any fees associated with using the Product are subject to Section 5 of the Regulations.
8. The User must use the Site in accordance with the law and principles of good conduct, taking into account personal rights and intellectual property rights, and, in particular, the copyright vested in the Service Provider or third parties.
9. The User may use the Site exclusively for the User’s own personal use. This means, in particular, that data and any other materials contained in the Site resources, both those copyrighted and not copyrighted, may not be used by the User for commercial purposes, except as pertains to the Product. The rules of using the Product for the purpose of commercial activity by the User are described in detail in section 6 of these Regulations.
10. The User may not undertake any actions which would affect the proper operation of the Site. In particular, it is forbidden to interfere in any way with the content placed on the Site.
11. The User is not allowed to provide any unlawful content via the Site. When using the forms made available on the Site, the User must provide true and accurate information.
FUNCTIONALITIES OF THE SITE
1. On the Site, the Service Provider shall make available to the User the following functionalities:
  1. enabling the download of the Product and the conclusion of an agreement for the use of the Product;
  2. a newsletter subscription; and
  3. a recruitment form.
2. Through the Site, the Service Provider enables the User to download the Product and to conclude the agreement for the use of the Product, under the terms and conditions detailed in sections 5 and 6 below.
3. On the Site, the User may agree to receive commercial information from the Service Provider (newsletter subscription). The User may subscribe to the newsletter by completing the following steps:
  1. completing the subscription form available on the Site by providing the User’s email address;
  2. clicking the „Join now” button.
4. A recruitment form is available to the User on the Site. In order to use the recruitment form and submit an application for a job or other form of collaboration, the User should:
  1. complete, as a minimum, the fields marked as required in the form;
  2. read the information obligation below the form;
  3. tick, at least, the consents marked as required;
  4. click “Apply”.
USE OF THE PRODUCT
1. The agreement for the use of the Product is concluded for an indefinite period of time, from the moment the Product is downloaded by the User, provided that the User correctly performs the actions indicated in section 5.2 below.
2. In order to conclude the agreement for the use of the Product, the User must perform the following steps:
  1. Complete the form available on the Site with all the data necessary to conclude an agreement for the use of the Product;
  2. Read and accept these Regulations and give any other required consents;
  3. Click „Accept”.
3. The download and use of the Product is free of charge. However, the User shall bear the costs of connection and use of the Internet in accordance with the User’s agreement with his/her telecommunications operator (Internet provider).
4. The Provider provides the Product, i.e. enables the use of the Product immediately after the User downloads it from the Site and installs it on any chosen computing device.
5. In order to use the Product, the User must have a computer system that meets the following minimum technical requirements:
  1. CPU with x86_64 architecture and support for SSE 4.2 instructions,
  2. 8GB of RAM,
  3. User host system must have a Docker installed or be able to start containers.
6. The Service Provider informs that if the User’s computer system does not meet the above-described minimum technical requirements, the use of the Product may prove impossible, difficult, or the Product may not function correctly.
7. The Service Provider informs that the use of the Product is associated with the risk and threat of the possibility of exposing weaknesses in the User’s cryptographic system and in breaking the User’s secured data communication system in order to obtain personal data or other information.
8. The Service Provider shall ensure that the Product is available continuously, 24/7 (24 hours a day, seven days a week). The Service Provider is not responsible for temporary interruptions in the availability of the Product due to force majeure, the need to carry out necessary maintenance work, or due to other technical reasons.
9. The Service Provider shall ensure that the Product is always provided in the latest version that is available at the time access to the Product is granted. During the period of access to the Product, in the event that the Service Provider carries out updates to the Product that are necessary to make the Product compatible with these Regulations and to ensure an adequate level of security, the Service Provider will inform the User of the available update and of the possible consequences of not installing it through the Site.
10. In order to install the update correctly, the User must follow the Service Provider’s instructions containing information about the update.
11. The Service Provider recommends installing updates as soon as they become available. In any case, the User should install the update no later than 14 days after being notified of its availability in accordance with section 5.9. above. The Service Provider shall not be liable for the incorrect performance of the Product access service, resulting solely from the failure to install an update, in the following cases:
  1. despite having been informed of the available update and the consequences of not installing it, the User did not install the update within the deadline referred to above;
  2. the User failed to follow instructions for the correct installation of the update referred to in 5.10. above and, as a consequence, did not install the update within the time limit referred to in 5.9. above and consequently failed to install or incorrectly installed that update. the User fails to install operating system updates in accordance with the recommendations of the manufacturer of the electronic device owned by the User and the manufacturer of the operating system. Failure to keep the operating system or the Product up to date may lead to a decrease in security.
12. In the case of the unavailability or malfunction of the Product, the User undertakes to cooperate with the Service Provider in order to determine whether the unavailability or malfunction of the Product is due to the characteristics of the User’s digital environment (e.g. the characteristics of the electronic device used by the User or that of the network connection).
DETAILED RULES OF USING THE PRODUCT
1. The Provider grants the User a royalty-free, territorially and temporally unlimited, revocable, non-exclusive, and non-transferable licence to use the Product, without the right to sub-licence, authorising:
  1. to use the Product by reproducing it in the User’s computer’s operating memory;
  2. to make one back-up copy of the Product;
  3. the presentation of the data processed by the Product or a copy thereof by means of any technology;
  4. the public communication and presentation of data processed by the Product;
  5. to input data through the Product, for storage in computer memory or distribution in computer networks, and the analysis of data using the functionality of the Product; and
  6. to make the Product available in such a way as to allow any authorised person to access it whenever such person chooses to do so.
2. Each User may use:
  1. unlimited number of multi-Nodes Cluster of the Product for non-commercial purposes;
  2. one single Node Cluster of the Product for commercial purposes.
3. The Service Provider may inspect the User’s use of the Product. Such inspection shall be carried out during the User’s regular working hours and shall not unreasonably interfere with the User’s business.
4. The User undertakes:
  1. to use the Product in accordance with the applicable legal requirements and its intended use;
  2. to refrain from any interference with the structure of the Product (including its modification or decompilation);
  3. not to duplicate the Product beyond the performance of a licensed backup copy;
  4. not to make the Product available to third parties (whether for a fee or free of charge, in whole or in part).
5. The User may terminate this licence agreement for the use of the Product by permanently discontinuing the use of the Product at any time, such termination not affecting the already existing rights or obligations of the Service Provider or of the User;
6. The Service Provider may terminate this licence agreement for the use of the Product, with immediate effect, by sending an appropriate notice to the User’s email address, provided when downloading the Product, in the event of:
  1. a breach of the provisions of the licence, in particular in terms of copying, modifying or making the Product available to third parties;
  2. when it is necessary to make changes to the Product to such an extent that, in the opinion of the Service Provider, the further effective use of the licence by the User is no longer possible;
  3. cessation of work on the Product.
7. As part of the Product, the Service Provider uses open source software of third parties, which is subject to open source licences. The licenses are distributed together with the database and are located in Docker.
8. To the fullest extent permitted by applicable law, the Service Provider shall not be liable to the User for any damage, including loss of profits, directly or indirectly related to the use of the Product, in particular those resulting from a malfunction of the Product, regardless of whether the User was informed of the possibility of such damage.
LINKS TO OTHER SITES
1. The Site contains redirecting links to information and services provided through other sites provided by the Service Provider, including, in particular, the site available at: https://docs.oxla.com/.
2. The Site also contains redirecting links to the Service Provider’s official profiles on social networks (Twitter, LinkedIn or Discord).
  In the situation described in this section 7.2., the regulations or other documents defined by third parties providing the service in question or providing the site in question shall apply, and the Service Provider is not a party to the agreements on the provision of electronic services concluded between the User and such third party. Responsibility for services provided to Users by third parties is determined by the relevant agreements concluded by the User with those third parties.
TERMINATION OF THE AGREEMENT ON THE PROVISION OF SERVICES BY ELECTRONIC MEANS
1. The Parties may, at any time, terminate any agreement for the provision of services described in the Regulations, without giving any reason and with immediate effect, except for the service for the use of the Programme, to which the provisions of section 6 of the Regulations apply.
COMPLAINT PROCEDURE
1. In the case of concerns regarding the operation of the Site and its functionality or concerns regarding the operation of the Product, the User may submit a complaint by sending an email to: [email protected].
2. Complaints are dealt with immediately, within no more than 14 calendar days from the date of complaint. The User shall receive a reply in the form of an email sent to the email address from which the complaint was sent.
PROCESSING OF PERSONAL DATA
1. The personal data of individuals using the functionalities available through the Site and of individuals using the Product shall be processed in accordance with the rules described in the Privacy Policy, available under “Privacy Policy”, to which a link is provided in the footer of the Site.
AMENDMENTS TO THE REGULATIONS
1. The Service Provider is entitled to unilaterally amend these Regulations, to the extent that they have not been individually agreed with the User, for legitimate reasons. In particular, the occurrence of one of the following circumstances is considered as a justified reason:
  1. a change in the generally applicable law in the Republic of Poland to the extent that such a change in the law modifies the content of these Regulations or imposes an obligation on the Service Provider to modify such content in a specific manner;
  2. decisions, recommendations, obligations or acts of an analogous nature issued by public administration bodies, to the extent that such administrative acts modify the content of these Regulations or impose an obligation on the Service Provider to modify that content in a specific manner;
  3. the introduction by the Service Provider of new functionalities of the Site or Product or modification of their existing scope – in this case, modification of the content of the Regulations is permissible to the extent concerning such new functionalities;
  4. any changes to the products, services, operations or business model of the Service Provider;
  5. the introduction by the Service Provider of new or the modification of existing IT systems – in this case, the content of the Regulations may be amended to the extent that is objectively necessary and directly related to the introduction or modification of the said IT systems;
  6. the emergence of judicial or administrative case law which indicates that contractual provisions analogous to those applied by the Service Provider may be unlawful – in this case, an amendment to the content of the concluded agreement shall be admissible to the extent that, based on a comprehensive consideration of the circumstances of the case, it can be objectively considered that, from the point of view of the average customer of the Service Provider, the proposed amendment is to the benefit of such customer;
  7. the Regulations need to be supplemented, clarified or modified due to provisions of law commonly applicable in the Republic of Poland or for the sake of the greater clarity of its provisions for the Users – in this case, a change in the content of the Regulations shall be admissible to the extent which allows the Regulations to be adjusted to the provisions of the law or to achieve a greater clarity of its provisions.
2. The Service Provider shall inform the User of amendments to the Regulations by the publication on the Site of at least:
  1. the content of the planned amendment to the Regulations;
  2. the effective date of the amendment; and
  3. the consolidated text of the Regulations.
3. Any amendment to the Regulations shall not apply to agreements for the provision of services concluded prior to the effective date of the amendment to the Regulations. In the case of such agreements, the provisions of the Regulations, in force on the date on which the User expresses his or her will to conclude such an agreement for the provision of services, shall apply.
FINAL PROVISIONS
1. The Regulations shall come into force on the 20th of July, 2023.
2. For any matters not regulated by the Regulations, the relevant provisions of law shall apply. For the avoidance of doubt, it is assumed that none of the provisions of the Regulations limits the User’s rights that he/she is entitled to under the provisions of the law in force in the territory of the Republic of Poland. In the case of the existence of such a provision, the provisions of the applicable law shall apply unconditionally.
3. Disputes arising from the Regulations which cannot be resolved amicably between the Users and the Service Provider shall be settled by the court with jurisdiction over the Service Provider’s registered office.

Terms of Use

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