Regulations

REGULATIONS OF THE ADMONKS APPLICATION,
DEDICATED FOR SHOPIFY.COM PLATFORM
(hereinafter: The Regulations)

§1 General provisions

  1. ADMONKS application, hereinafter referred to as “the Application” is made available to Users via the website www.admonks.io and from the application store (Shopify app store) by Admonks Spółka z ograniczonąodpowiedzialnością based in Toruń, Poland, having full copyright and intellectual property to the Application.
  2. The application operates on the principles set out in these Regulations.
  3. The Application aims at enabling a fast exchange of information and efficient use of Internet resources. These objectives are implemented in accordance with applicable law and accepted social norms.
  4. The Regulations define the rules for the operation and use of the Application. Regulations together with the Security Policy and Privacy Policy posted on the website www.admonks.io, form an integral whole.
  5. Using the Application by the User is tantamount to acceptance of these Regulations. For the above reason, after installing the Application and before its first launch, namely before using the Application, the User should read the Regulations and accept them.
  6. Acceptance of the Regulations is voluntary, but necessary for the proper use of the Application.
  7. In matters not covered by these Regulations, the provisions of Polish law applicable in this respect shall apply, and all disputes shall be resolved by competent Polish courts.

§2 Definitions

  1. Application – an application, made available to Users via the website www.admonks.io, which a User can install and link to their accounts created on two web portals: Shopify and Facebook.
  2. User – any individual, legal person or organizational unit without legal personality (if it can be traded under law), using the Application in any way, registered and having its own Shopify Account (and thus its login and password).
  3. Account – a place in Shopify where any registered and logged in User can enter or/and modify their data, photo as well as other information related to registering on Shopify.
  4. Login – User’s name selected while registering with www.shopify.com or www.facebook.com that Shopify and Facebook made available to the Application based on the User’s prior consents.
  5. The manner of operation of the Admonks Application – services provided electronically with the use of the Application for its Users, consisting of:
    1. preparing Advertising Campaigns (advertising catalogues),
    2. publishing Advertising Campaigns on Facebook,
    3. narrowing a potential group of Facebook Users (selected by Facebook) to a target group, i.e. recipients most interested in products covered by the Marketing Campaign.
  6. Application Administrator - a person or persons acting on behalf of the Admonks Company, who ensure the proper functioning of the Application and compliance with the Regulations, as well as take steps to enforce compliance with the Regulations by Users, responsible, inter alia, for proper organization and data protection in the Application and the right to access information collected in the Application.
  7. Advertising Campaign – advertising catalogues containing products and services offered by Users, prepared automatically by the Application, based on the parameters selected by the User.
  8. Facebook – social networking site available on www.facebook.com .
  9. Instagram – social networking site available on www.instagram.com .
  10. Facebook User – any individial, legal person or organizational unit without legal personality (if it can be traded under law), having an active account on Facebook, who is the recipient of Advertising Campaigns prepared by the Application.
  11. Pixel – graphics placed on websites, the functionality of which allows the collection of information on logged Facebook Users (individually and with appropriate security rules), on the basis of which websites using Pixel have the opportunity to share the prepared advertising to the above-mentioned Facebook Users via Facebook.
  12. Shopify – an online platform that allows its users to sell goods in their online shopping offer by using solutions offered by the platform.
  13. Force majeure – an external event, not caused by a person who relies on them, which could not have been foreseen or prevented. Such events may include in particular: wars, revolutions, fires, floods, epidemics, transport embargoes, announced general strikes in relevant industries, and official decisions of state authorities and administrations.

§3 Technical requirements for using the Application

  1. Using the Application is possible through electronic devices that enable connection to the Internet and mobile electronic devices that enable the use of web browsers (firefox, opera, chrome, safari).
  2. Due to technical conditions, the Application Administrator does not guarantee that the information sent via the Internet in the Application will reach the User in a faultless, complete and full form.
  3. The Application Administrator is not able to assure the User that the use of the Application will take place without interruptions, technical defects that arise due to reasons attributable to the User's Internet service provider, or maintenance performed by the Admonks Company or other specialized entities.
  4. The Application Administrator will inform the User about the planned date of maintenance work at least one hour in advance. This information will be displayed in the Application in the form of a pop-up message that appears when logging in to the application.
  5. The use of the Application is possible through the Account – registration of the Account is voluntary, but necessary for the proper functioning of the Application. Detailed rules of registration are described in §4 below.
  6. It is necessary to have active Shopify and Facebook accounts to install the Application.
  7. The application does not archive data regarding the history of the paid subscription; however, the User can view the above-mentioned data via Shopify.
  8. The Application Administrator may deprive the User of the right to use the Application in case they deliberately provided false data in the process of account registration or, despite the call, did not immediately cease to breach the above provision.

§4 Installation and launch of the application

  1. Any individual may become a User of the Application.
  2. Installation of the Application is free and requires filling in the forms according to the instructions and giving consents, which the User will be asked by Shopify and Facebook to complete. Providing all the above data is voluntary, but necessary for the proper operation of the Application.
  3. By completing and approving the forms and consents indicated in the paragraph above, the User confirms that they have read these Regulations, accept their provisions, and consent to the processing of personal data.
  4. The User does not have the right to use the Application before correct completion of the forms and consents indicated in points 2 and 3 above.
  5. The User may update or change the data provided during registration, only through Shopify and Facebook.
  6. After registration, the User is entitled to free use of the Application for up to 28 calendar days within the so-called trial period. After the expiry of the above trial period, a paid period accounted for every 30 calendar days begins.
  7. The User may delete the Application at any time. For this purpose, the User should uninstall the Application from the portal in which he installed the Application, i.e. uninstall the Application from Shopify and uninstall the Application from Facebook separately.

§5 Downloading the Application from the Application Store

  1. When downloading the Application, the operators of the individual Application Stores automatically process the User's personal data:
    1. User’s name in the Application Store,
    2. E-mail address saved in the Application Store,
    3. Customer number,
    4. Date and time of downloading,
    5. Payment information,
    6. Individual device identification number.
  2. The Admonks Company and the Application Administrator have no influence on the processing of the above personal data and are not responsible for their processing. In case of any questions or concerns regarding the processing of the above the User's personal data, the User can read the Privacy Policy of the Application Store, i.e. in the Privacy Policy of the Shopify App Store.

§6 Application functionalities

  1. With the use of the Application, the User has, among others, the possibility to:
    1. create own and individually personalized Advertising Campaigns,
    2. determine, according to own needs, the time frame of each Advertising Campaign prepared by the Application and specify the frequency of their publication,

§7 The rules of using the Application

  1. For the Application to function properly, users are required to install the Application on their account on Facebook. Installation of the Application will proceed in accordance with the rules set out in the Facebook Regulations. By installing the Application on Facebook, the User accepts its regulations.
  2. By installing the Application on Facebook, the User consents to the processing of their personal data on Facebook and profiling of such data.
  3. Advertising Campaigns are prepared and published to the group of people selected by the Application, based on the above data.
  4. The Application User can activate or deactivate any Advertising Campaign at any time. The User also has the option to modify the parameters of Advertising Campaigns.
  5. It is forbidden to offer goods and services that are against the law or violate good customs. Offers violating the provisions of these Regulations may be deleted by the Administrator.
  6. Shopify partners and the User should archive their own data related to the use of the Application Account, particularly the history of purchases, contracts concluded and payments.
  7. The settlement currency of the transaction module is the US dollar.
  8. Online transactions are carried out using the electronic payment intermediary chosen by Shopify. The terms of the transaction are described in the relevant regulations available when making the payment.

§8 User rights and obligations

  1. By accepting these Regulations and using the Application, the User commits:
    1. not to infringe copyright, related rights, personal rights and rights arising from the registration of inventions, patents, trademarks, utility and industrial models, as well as other rights on intangible assets of the Application Administrator and third parties;
    2. not to collect fees or any other remuneration from anyone for providing any information about the Application or information contained in the Application;
    3. not to post, as part of using the Application:
      1. data or information that is untrue, illegal or violates the rights or interests of third parties, fraudulent, intentionally misleading or any other that could cause any damage to the Users using the Application,
      2. content against cultural norms, generally applicable laws, dangerous, violating generally accepted cultural norms, vulgar, aggressive, indecent, obscene, drastic, illegal, information, materials and statements that call for intolerance, hatred, violence, cruelty or violation of law anyhow,
  2. The User is liable for damage or violation of third-party rights caused by placing unlawful content in the Application, as well as for using the Application as incompatible with the law or these Regulations.
  3. The User acknowledges that any content that is unlawful or contrary to these Regulations shall be immediately removed by the Application Administrator.

§9 Responsibility of the Application Administrator

  1. The Application Administrator exercises due diligence to ensure efficient and lawful operation of the Application. The Application Administrator is responsible for the Advertising Campaigns they created, but in no way guarantees the correctness, completeness of any information posted on the Application by the Users.
  2. The Advertising Campaign created by the Application may contain links to other websites owned and run by independent entities, entrepreneurs, service providers. The Application Administrator shall not be liable for the content included in the above-mentioned links.
  3. The Application Administrator is not responsible for events caused as a result of Force Majeure and is not liable:
    1. for lack of access to the Application or the prepared Marketing Campaign resulting from reasons beyond his control,
    2. for incorrect functioning of the Application due to defects of the device used for the Application,
    3. for damage caused in connection with the use of the Application, in particular failures of the User's equipment, delays and disruptions in the transfer of information,
    4. for the consequences of disclosing the password to the User's account to third parties, which occurred due to reasons beyond the Application Administrator.
    5. for irregularities in the functioning of the Application in a situation where the User edited any elements of the Advertising Campaigns,
    6. for any irregularities in the functioning of the Application caused by reasons attributable to the User, in particular, when the User uninstalls an Application from Facebook or Shopify, or installs any other software that prevents Pixel from working.

§10 Payments

  1. Admonks has 3 calling plans depending on the money spent on advertising: 29 $ when the revenues generated by the Application do not exceed $ 1000, 49 $ when the revenues generated by the Application do not exceed $ 10,000, 99 $ revenues generated by the Application exceed $ 10,000.
  2. Admonks obtains information about the revenue generated by the Application from Facebook.
  3. The User is obliged to make a payment for using the Application based on an invoice issued to the User by Shopify. The fee indicated in point 1 above will be added each time to the fee for the use of Shopify.
  4. After receiving the payment from the User, Shopify is obliged to provide the above-mentioned payments to Admonks.
  5. The date of crediting the Shopify account is considered the date of payment for using the Application.
  6. Charging begins at the end of the trial period, providing the payment is accepted. In case of lack of consent, the product catalogues will no longer be available, and the advertising campaigns will cease to work.
  7. Since the fee for using the Application is a component for the use of the Shopify portal by the User, the Admonks Company is not responsible for any changes in prices specified in the Shopify price list.
  8. The Admonks Company is not responsible for any changes in prices specified in the Facebook price list.
  9. The Admonks Company is obliged to inform Users only about the change in prices indicated in point 1 above. In the event of a change in the price list, the Admonks Company undertakes to inform the User via e-mail.
  10. If the price changes indicated in point 1 above are not accepted, the User may opt out of using the Application. In this case, they are obliged to uninstall the Application from the portal in which they installed the Application, i.e. to uninstall the Application from Shopify and uninstall the Application from Facebook separately before the end of the given settlement period. If this deadline is not met, the fee referred to in point 1 will continue to be charged.

§11 Privacy policy

  1. The application collects information provided voluntarily by the User, subject to subsequent provisions.
  2. The application processes information about parameters of transactions carried out separately by each User via the online store located on Shopify, in particular such data as:
    1. Information about the purchased product,
    2. Information about the Store,
    3. Information about the Customer – the Customer’s e-mail address, the country of shipment and the value of the transaction carried out.
  3. The data provided by the User in the Application is not made available to third parties without the User's consent. The User's consent cannot be presumed and their statement is necessary. These consents are received by the Facebook social networking site, which enables the Application to provide Advertising Campaigns on Facebook.
  4. All data provided in connection with the transactions carried out by the User may be processed only for the proper functioning of the Application and only for the period when the User uses the Application.
  5. Detailed information regarding the processing of personal data is regulated in the Security Policy and the Privacy Policy of the Admonks Company.

§12 Complaint procedure

  1. In the event of irregularities in the functioning of the Application, the User may submit a complaint.
  2. Complaints should be reported to the Application Administrator:
    1. by email, i.e. via a message sent to: giodo@admonks.io
    2. by regular mail to the Admonks Company: ul. Grudziądzka 132, 87-100 Toruń;
  3. The Application Administrator considers the complaint within 14 calendar days from the date of receipt of the complaint.
  4. The Application Administrator will inform the User about the recognition or non-recognition of a complaint in the form identical to the form of the received application, i.e.:
    1. in the case of receiving an e-mail message, the Administrator's reply will also be given in the form of an e-mail message,
    2. in the event of receiving a written complaint, then the Application Administrator will also provide a written response to the address indicated by the User,
  5. The complaint should contain at least:
    1. User's data: name, surname, address, e-mail address,
    2. a description of reported irregularities in the functioning of the Application,
    3. the date of observation of the irregularity by the User.

§13 Final provisions

  1. These Regulations may be changed by the Application Administrator at any time. The changes will be published on a regular basis in the form of a uniform text of the Regulations on the Application’s website.
  2. These Regulations are valid from the date of their announcement – publication on the Application’s website.
  3. In the event of a change to the Regulations, the User will be notified of the updated Regulations at the moment of logging in. The User is obliged to read the Regulations in a new wording. By accepting the Regulations, the User agrees with the terms and conditions set out in the updated Regulations.
  4. The User may address any questions or concerns regarding these Regulations or the rules of using the Application to the Application Administrator by e-mail or in writing to the Admonks Company (Grudziądzka 132, 87-100 Toruń).