Terms and Conditions

Last updated: 19.03.2025 11:00 CET

1. Parties to the Agreement

These Terms and Conditions of Service (the "Terms") constitute a legally binding agreement between Progus sp. z o.o., a company registered under the laws of Poland, with its registered office at Sklepowa 27, 97-500 Radomsko, Poland, registered in the National Court Register under KRS number 0001001234, NIP: 1234567890, REGON: 123456789 (hereinafter "PROGUS" or "Company") and the user of the services provided by PROGUS (hereinafter "User" or "Customer").

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

  • "Service" means any software, application, or digital service provided by PROGUS, including but not limited to Store Locator and Cash on Delivery applications.
  • "Platform" means any third-party platform where PROGUS services are made available, including but not limited to Shopify, Wix, and other e-commerce platforms.
  • "User Account" means the account created by the User to access and use the Service.
  • "Subscription" means the paid access to premium features of the Service.
  • "Content" means any data, information, or materials uploaded, stored, or processed through the Service.

3. Acceptance of Terms

By accessing, downloading, installing, or using any Service provided by PROGUS, the User agrees to be bound by these Terms. If the User does not agree to these Terms, they must not use the Service.

4. Description of Services

PROGUS provides the following services:

4.1 Store Locator Service

A digital service that allows Users to create, manage, and display interactive maps showing physical store locations, including:

  • Location management and customization
  • Interactive map display
  • Search functionality
  • Integration with e-commerce platforms
  • Analytics and reporting features

4.2 Cash on Delivery Service

A service that manages the visibility and functionality of Cash on Delivery payment methods, including:

  • Payment method management
  • Order limit tracking
  • Automatic payment method toggling
  • Integration with Shopify stores

5. User Registration and Account

To use the Service, Users must create an account by providing accurate and complete information. Users are responsible for:

  • Maintaining the confidentiality of their account credentials
  • All activities that occur under their account
  • Notifying PROGUS immediately of any unauthorized use
  • Ensuring their account information remains accurate and up-to-date

6. Subscription and Payment Terms

6.1 Subscription Plans

PROGUS offers various subscription plans with different features and limitations. Details of current plans are available on the PROGUS website.

6.2 Payment

Subscription fees are charged in advance on a monthly or annual basis, depending on the selected plan. Payment is processed through secure third-party payment providers.

6.3 Free Trial

PROGUS may offer free trial periods for new Users. Trial periods are subject to the same Terms as paid subscriptions, except for payment obligations.

6.4 Price Changes

PROGUS reserves the right to modify subscription prices with 30 days' notice to existing subscribers. Price changes will not affect the current billing period.

7. User Obligations and Restrictions

7.1 Permitted Use

Users may use the Service only for lawful purposes and in accordance with these Terms. Users agree to:

  • Use the Service in compliance with all applicable laws and regulations
  • Respect intellectual property rights
  • Not interfere with the Service's operation or security
  • Not attempt to reverse engineer, decompile, or disassemble the Service

7.2 Prohibited Activities

Users are prohibited from:

  • Using the Service for any illegal or unauthorized purpose
  • Transmitting viruses, malware, or other harmful code
  • Attempting to gain unauthorized access to PROGUS systems
  • Violating any applicable laws or regulations
  • Infringing on the rights of third parties

8. Intellectual Property Rights

8.1 PROGUS Intellectual Property

The Service, including its design, functionality, and underlying technology, is owned by PROGUS and protected by intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to use the Service.

8.2 User Content

Users retain ownership of their Content but grant PROGUS a license to use, store, and process their Content as necessary to provide the Service.

9. Data Protection and Privacy

PROGUS's collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Users consent to the collection and use of their information as described in the Privacy Policy.

10. Service Availability and Modifications

10.1 Service Availability

PROGUS strives to maintain high service availability but does not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

10.2 Service Modifications

PROGUS reserves the right to modify, update, or discontinue features of the Service with reasonable notice to Users.

11. Limitation of Liability

To the maximum extent permitted by law, PROGUS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from the use or inability to use the Service.

12. Indemnification

Users agree to indemnify and hold harmless PROGUS from any claims, damages, or expenses arising from their use of the Service or violation of these Terms.

13. Termination

13.1 Termination by User

Users may terminate their account at any time by following the cancellation process provided in the Service or by contacting PROGUS support.

13.2 Termination by PROGUS

PROGUS may terminate or suspend User accounts immediately for violation of these Terms or for any other reason at PROGUS's discretion.

13.3 Effect of Termination

Upon termination, Users' access to the Service will cease, and their data may be deleted according to PROGUS's data retention policy.

14. Force Majeure

PROGUS shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, or government actions.

15. Governing Law and Jurisdiction

These Terms are governed by Polish law. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Poland.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between PROGUS and the User regarding the use of the Service.

18. Changes to Terms

PROGUS reserves the right to modify these Terms at any time. Changes will be effective upon posting on the PROGUS website. Users' continued use of the Service after changes constitutes acceptance of the modified Terms.

19. Complaints and Dispute Resolution

Users may submit complaints regarding the Service to PROGUS at [email protected]. PROGUS will investigate complaints and respond within 30 days. If additional information is required, PROGUS may request such information, and the 30-day period will be counted from the date of providing such information.

The complaint procedure ends with PROGUS sending a response to the complaint notification. The response is sent only to the e-mail address given in the complaint application.

20. Contact Us

If you have any questions about these Terms, please contact us at [email protected].