服务条款

Last updated: April 28, 2025

1. General Provisions

1. The Examica Platform operating at the address www.examica.io and related mobile applications is operated by Examica Sp. z o.o. with its registered office at ul. Stefana Batorego 18/108, 02-591 Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, under KRS number 0001165288, NIP 7011253725, REGON 541354377, email address: support@examica.io.

2. These Terms of Service define the general terms and conditions and the manner of providing electronic services by the Platform through the website www.examica.io and related mobile applications.

2. Definitions

1. Examica or Service Provider – Examica Sp. z o.o. with its registered office at ul. Stefana Batorego 18/108, 02-591 Warsaw, Poland, KRS: 0001165288, NIP: 7011253725, REGON: 541354377.

2. Platform – The online Platform and related mobile applications belonging to the Service Provider through which it provides Services.

3. Services – products and services offered by Examica electronically through the Platform.

4. User – an entity registered in the Platform, using Examica Services and being a private school or company, individual teacher, or student.

5. Respondent – a third party whose Personal Data may be processed within the Services by the User.

6. Account – identified by an individual login (email address) and password provided by the User, a set of resources in the Service Provider's ICT system where User data is collected.

7. Agreement – an agreement for the provision of electronic Services within the meaning of The Act of 18 July 2002 on the provision of electronic services, concluded through the Platform with the User,

8. Pricing – a document containing a description of the Service Provider's offer and a list of rates and fees for using the Platform, and specifying the rules for their calculation, available in the Platform at the address www.examica.io/en/pricing.

9. Paid Packages – paid services available within the operation of the Platform, guaranteeing additional rights to use Services provided electronically by the Service Provider,

10. Terms of Service – these Examica Terms of Service, available in the Platform at the address www.examica.io/en/terms-of-service.

11. Privacy Policy – the Platform's privacy policy, including cookie policy, available in the Platform at the address www.examica.io/en/privacy-policy.

12. RODO – 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.

13. Personal Data – information relating to an identified or identifiable natural person made available in the Platform.

14. The Act – The Act of 18 July 2002 on the provision of electronic services.

3. Rules for using the Platform

1. Acceptance of the Terms of Service is equivalent to concluding an agreement between the Service Provider, and the User for the provision of electronic Services within the meaning of the provisions of The Act.

2. The User may not infringe Examica's rights, including intellectual property rights.

3. Examica may limit or block access to the Services in case of violation of the Terms of Service.

4. It is not permitted for the User to post illegal content.

5. The following conditions must be met to use the Platform:

   1. connection to the Internet,

   2. having devices allowing for the use of Internet resources,

   3. using a web browser that allows the device screen to display hypertext documents, linked in the Internet by the World Wide Web service, and that supports the JavaScript programming language and accepts cookies,

   4. having an email address,

6. Within the Platform, it is forbidden for Users to use viruses, bots, worms, or other computer codes, files, or programs, particularly those automating script and application processes, or other codes, files, or tools.

4. Types and Scope of Services Provided Electronically

1. Examica provides electronic Services, consisting in particular of providing solutions enabling Users to create and evaluate tests, as well as analyze and share data.

2. Examica provides Services within three models, which are linked to the type of account created in the Platform:

   1. Services for Users who are students aged 16 or older,

   2. Services for Users being individual teachers,

   3. Services for Users being a private school or company.

3. Services for Users who are students include, among others:

   1. Account registration,

   2. creating tests and generating them with the help of artificial intelligence,

   3. creating flashcards and generating them with the help of artificial intelligence,

   4. generating study notes with the help of artificial intelligence,

   5. studying with flashcards directly in the Platform,

   6. completing tests created by the User,

4. Services for Users who are individual teachers include, among others:

   1. Account registration,

   2. creating tests and generating them with the help of artificial intelligence,

   3. conducting online tests,

   4. printing dedicated answer sheets for tests,

   5. automatic scoring of completed answer sheets with the help of a related mobile application,

5. Services for Users who are a private school or company include, among others:

   1. registration of individual Accounts for each member of the organization,

   2. creating tests and generating them with the help of artificial intelligence,

   3. conducting online tests,

   4. printing dedicated answer sheets for tests,

   5. automatic scoring of completed answer sheets with the help of a related mobile application,

6. The Services referred to in points 4, 5, 6 are available to Users within a free package or Paid Packages.

7. Pricing, available at the address www.examica.io/en/pricing, contains detailed information regarding:

   1. currently valid offers,

   2. types of functionalities available within the offered Packages and categories of Users who can use them,

   3. terms and conditions related to the trial period,

   4. rates and fees for Services provided through the Platform and the rules for their calculation.

8. Users who are individual teachers, a private school, or a company:

   1. may enter the data of Respondents who are 16 years of age or older into the Examica system,

   2. may send email messages to Respondents at email addresses indicated by the User, using the functionality of the Platform,

   3. when performing the activities specified above, are obliged to apply the principle of data minimization.

9. Within the activities specified in point 8 lit. b above, Examica provides only the technical infrastructure enabling the sending of messages and is not the entity directing the message to the Respondent.

5. User Account

1. Using the Services requires creating an account in the Platform.

2. The Services are intended for individuals who are 16 years of age or older. By creating an account in the Platform, the User declares that they meet the above condition.

3. Registration in the Platform is free and available 24/7.

4. To correctly create a User account, the following data must be provided:

   1. For Services for students:

      1. email address,

      2. password.

   2. For Services for individual teachers:

      1. first and last name,

      2. email address,

      3. password.

   3. For Services for private schools or companies:

      1. type of organization - school or company,

      2. first and last name of the representative authorized to conclude the Agreement,

      3. email address of the representative authorized to conclude the Agreement,

      4. password.

5. One email address can be used to create only one account in the Platform.

6. By registering an Account in the Platform, the User declares that they are authorized to conclude the Agreement, and that the personal data provided by them is complete and consistent with the facts and does not infringe any rights of third parties. In case of changes in this regard, the User should inform the Service Provider about the above without undue delay.

7. A User who creates an account in the Platform is obliged to maintain the confidentiality of the password and bears sole responsibility for maintaining the security of their account and data and for all actions taken using that account.

8. Accounts are intended for personal use by one person only. The account should not be used with any other person. The User undertakes to immediately notify the Service Provider of any unauthorized use of their data and account and any other breach of security rules. The Service Provider has the possibility to seek compensation from the User who caused any damage to the Service Provider by disclosing access to the account.

9. The account operates indefinitely.

10. The Service Provider reserves the right to delete a User's account if there is no login to the Platform for over 12 months.

6. Payments

1. Payment for Paid Packages is made:

   1. periodically in billing periods selected by the User, which may be 1 month or 12 months ("Automatic Payment"). The User authorizes the online payment service provider to automatically collect fees for the selected Paid Package on behalf of the Service Provider. The fee will be automatically collected according to the Paid Package and billing period selected by the User,

   2. as a one-time payment, which is paid in advance ("One-Time Payment"). The One-Time Payment is not automatically renewed,

   3. based on individual arrangements with the Service Provider.

2. Automatic Payment is possible only using

   1. a payment card registered by the User,

   2. payment in a mobile application made through Google or Apple,

   3. or another selected payment method allowing for cyclical charging of the User's account.

3. If payment cannot be made, in particular due to card expiry, insufficient funds, or other reasons, and if the User does not change the payment method enabling cyclical payment for the Paid Package, the Service Provider will inform the User twice within 7 days about the situation. If, despite two notifications, the User does not indicate a payment method enabling cyclical fee collection, the Service Provider is authorized to suspend access to the Services within the Paid Package.

4. The User may cancel Automatic Payments at any time, provided that the cancellation of the Service is effective at the end of the billing period. All questions related to handling Automatic Payments and the rules for their execution should be directed to the email address support@examica.io.

5. Services within Paid Packages will be activated within 24 hours from the moment the first payment is credited for Automatic Payments, or when 100% of funds are credited for One-Time Payment.

6. A User who is not a consumer within the meaning of the Act of 23 April 1964 – Civil Code, for the purpose of performing the Agreement, authorizes the Service Provider to issue invoices without the recipient's signature.

7. Invoices are made available to the email address indicated by the User, allowing for their download and printing.

7. Processing of Personal Data

1. Examica is the controller of Personal Data:

   1. of Users using the Examica system,

   2. of Respondents whose data is entered by a teacher into the Examica system – in the case of Services for Users who are individual teachers,

   3. of persons who are representatives, employees, or other types of representatives of a school or company – in the case of Services for Users who are a private school or company.

   4. Detailed information regarding the processing of personal data by Examica, including the basis for processing, can be found in the Privacy Policy.

2. Detailed information on the processing of Personal Data of Respondents referred to in point 1 lit. a can be found in the Respondents' Privacy Policy available at the address www.examica.io/en/respondents-privacy-policy.

3. In the case of Services for Users who are a private school or company:

   1. The User is the controller of Personal Data of Respondents or processes entrusted data on behalf of another or other controllers,

   2. The User is responsible for the method and basis of their collection and use, and Examica is solely the entity processing this data as a processor,

   3. The User declares that they have a legal basis for processing Personal Data of Respondents,

   4. The User, as the controller of Personal Data of Respondents or as a processing entity, entrusts Examica with processing their Personal Data,

   5. acceptance of the Terms of Service by the User simultaneously constitutes the conclusion of a Data Processing Agreement between the User and Examica, according to the following template.

4. Examica does not process Personal Data within the meaning of Art. 9 GDPR.

5. The Service Provider reserves the right to entrust or provide personal data of Users, employees or representatives of Users or Respondents to third parties for the proper functioning of the Platform.

8. License and Content Upload by the User

1. Examica grants the User a non-exclusive, non-transferable license to use the Services.

2. The User may not copy, modify, decompile, or provide the Services to third parties.

3. Intellectual property rights to the Services belong exclusively to Examica.

4. The User retains rights to their materials uploaded to the Platform.

5. Examica receives a license to use these materials to improve the Services.

9. Updates and changes to Services

1. The Service Provider may perform automatic updates of the Services.

2. The Service Provider reserves the right to suspend or terminate the provision of the Services.

10. Liability of the Service Provider

1. The Service Provider declares that it makes every effort to ensure the Platform is available uninterruptedly and to provide Services at the highest level, including in particular:

   1. The Service Provider does not exclude temporary suspension of access to the Platform in connection with the need for repairs or maintenance and improvement of the Platform or adding services without prior notification to Users,

   2. The Service Provider reserves the unconditional right to temporarily suspend or interrupt the provision of the Platform in cases other than those specified in the previous point, including blocking access for selected Users, selected websites, or selected IP addresses.

2. The Service Provider is not liable for:

   1. any damages incurred by third parties as a result of Users using the Services in a manner contrary to the Terms of Service,

   2. content provided by Users that may violate the law,

   3. the content of tests prepared by Users and related results,

   4. Users providing incomplete or untrue data.

3. The Service Provider is not responsible for difficulties or interruptions in the operation of the internet network that prevent the use of the Platform. In particular, the Service Provider is not liable for losses resulting from interruptions in access to the Platform.

4. Both Examica and the User are not liable for losses incurred as a result of force majeure.

5. The Service Provider's liability towards the User for damages incurred and lost profits is limited to the amount of remuneration received in connection with the performance of the agreement concluded by accepting the Terms of Service.

6. The Service Provider is not liable for any damages arising from improper use of the Platform by Users, in particular for disclosing account passwords, Personal Data, and in particular for damages resulting from the deletion of a User's account violating the Terms of Service or legal provisions.

11. Complaints

1. The User and the Respondent may submit a complaint regarding the Services to the email address support@examica.io. The message must originate from the email address assigned to the User or Respondent in the Platform.

2. The complaint should contain at least the name and surname of the User or Respondent, a description of the reported reservations, and the claimant's request.

3. Examica will consider the complaint within 30 days from the date of submission. After exhausting the complaint procedure, the User has the right to pursue ungranted claims in the common court with jurisdiction over the Service Provider's address.

4. The response to the complaint is sent to the email address provided during registration or complaint submission.

5. If the data provided in the complaint requires supplementation, Examica will ask the claimant to provide additional information.

6. The Service Provider will not consider a complaint if the formal requirements for the complaint have not been met.

12. Withdrawal from the Agreement

1. A User who is a consumer within the meaning of Art. 22¹ of the Act of 23 April 1964 – Civil Code, or an entrepreneur with consumer rights referred to in Art. 556⁴ and Art. 556⁵ of that Act, has the right to withdraw from a distance contract without stating a reason, within 14 days from the date of concluding the agreement.

2. Regardless of statutory limitations regarding the provision of digital content, the Service Provider grants the User the right to withdraw from the agreement and receive a refund, provided that the following conditions are jointly met:

   1. The User has not actively used the Services, i.e.

      1. The User has generated no more than 5 tests (test generation is counted at the moment of clicking the "Generate" button),

      2. The User has created no more than 10 results, where a result can be created by a Respondent participating in an online test or by scanning a completed answer sheet by a Respondent,

   2. The User has not used multiple accounts to circumvent free plan limits,

   3. The User has not shared their account login with other people.

3. If the above conditions are met, the User may withdraw from the agreement within 7 days from the date of its conclusion by sending an email message with a request to withdraw from the agreement to the address support@examica.io, using the email address assigned to the User Account.

4. In case of non-fulfillment of the conditions indicated in point 8.2, the right to withdraw from the agreement may be limited in accordance with Art. 38 point 13 of the Act on consumer rights, regarding the provision of digital content.

5. The provisions of this paragraph do not apply to Users who are entrepreneurs (with the exception of entrepreneurs with consumer rights), who do not have the right to withdraw from the agreement.

13. Changes to the Terms of Service

1. Examica reserves the right to change the Terms of Service to the extent permitted by applicable law and at any time. Changes come into effect 14 days from the date of their introduction. Information about the changes will be placed on the Platform's website.

2. Changes to the Terms of Service may not infringe upon the rights acquired by Users.

3. In case of non-acceptance of the introduced changes, the User must cease using the Service.

4. Continuing to use the Services after this period means acceptance of the changes.

14. Final Provisions

1. The User may terminate the agreement by deleting the account or sending information about resignation to the email address: support@examica.io.

2. Account deletion does not affect the lawfulness of Personal Data processing before the moment of resignation.

3. All disputes between the Parties shall be settled amicably. However, in case of inability to resolve the dispute amicably, the court with jurisdiction to hear the dispute is the court with jurisdiction over the Service Provider's registered office.

4. In matters not regulated by these Terms of Service, the relevant provisions of Polish law shall apply, in particular the Act of 23 April 1964 – Civil Code, The Act of 18 July 2002 on the provision of electronic services, and the Act of 30 May 2014 on consumer rights and other relevant laws.

5. If any provision of the Terms of Service is found to be ineffective, it does not affect the validity of the remaining provisions.

6. The Terms of Service are effective from April 28, 2025.