Terms and conditions of the Bizky website https://bizky.ai/en/
§ 1 General provisions
These regulations, hereinafter referred to as “Regulations”, set out the principles for the use of the internet service located at the URL: https://bizky.ai/en/ hereinafter referred to as the “Website” or alternatively as the “Platform” and the rights and obligations of the users of the Website, i.e. entities using the Internet who browse the Platform, hereinafter referred to as “Users”, as well as the rights and obligations of the entity administering the Website, hereinafter referred to as the “Administrator” or alternatively as “Bizky”, electronic services under the terms and conditions set out herein.
§ 2 Definition of terms used in Regulations
The terms used in the Regulations shall mean respectively:
1) About us, Country Coverage, Pricing, Products – a tab in the Website available at https://bizky.ai/en/
2) Administrator or interchangeably Bizky– bChange limited liability company with its registered office at: Warsaw (Poland), Al. Ks. Poniatowskiego 1, (additional address details: Staircase K4, Level 1), 03-901 Warszawa, entered to the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000312229, holding tax identification number (NIP) 7010150265, providing services and electronic services under the terms described these Regulations. The Administrator’s contact details: internet address – https://bizky.ai/en/ e-mail – sales@bizky.ai, telephone +48 539 866 472 (new clients) or 22 667 57 77 (existing clients), correspondence address – Al. Ks. Poniatowskiego 1, additional marking: K4 staircase, Level 1, 03-901 Warsaw.
3) Blog – a tab on the Website, available at https://bizky.ai/blog-2/ where content is published by Bizky, mainly related to the services provided, including these provided electronically.
4) Calculator – a bookmark in the Website available at https://bizky.ai/calculator/ enabling the calculation of the approximate monthly earnings that User is likely to achieve by using the services provided by Bizky under the terms and conditions specified in separate regulations.
5) Contact form – a field available on the Platform, which contains blanks for the voluntary completion of the User’s personal data and, at the same time, an instrument through which a possible commercial cooperation, including the transmission of commercial information (as defined in Article 2(1) of the Act of 18 July 2002 on the provision of services by electronic means [Journal of Laws of 2020, item 344, as amended], between Bizky and the User may be established.
6) Cookies – are short text files constituting IT data used to browse the contents of the Website stored on the User’s end device.
7) Device – a computer, smartphone, or other technical means requiring compliance with the minimum technical requirements set out in the Regulations, necessary for the User to use the Platform.
8) Entrepreneur – a natural person, a legal person or an entity without legal personality performing a legal action on its own behalf in the course of business or professional activity. For this type of User, the slider “For companies” is dedicated.
9) FAQ (Frequently Asked Questions), a bookmark on the Website containing answers to the most frequently asked questions by Users.
10) For Freelancers/For Businesses or interchangeably “Slider” – an interactive field in the top left corner of the Website, allowing to switch between available content for different types of Users.
11) Freelancer – a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity. The Slider “For Freelancers” is dedicated to this type of User.
12) Helpdesk – a tool available as part of the Service to receive requests from Users, which is SaaS platform used on the Service.
13) How does it work? – a tab on the Website available at https://bizky.ai/how-it-works/ outlining the principles of commercial cooperation with Bizky, which is elaborated on in § 3 sec. 4 pt. 3) Regulations.
14) Pop-up window – an interactive field visible in each tab of the Website in the bottom left corner, allowing for making a telecommunications appointment with a person authorised within Bizky on Working Days and also an interactive field visible in each tab of the Website in the bottom right corner, allowing for leaving a text message, as well as adding an attachment. The use of the aforementioned fields by the User is each time associated with the transmission of commercial information (within the meaning of Article 2 (1) of the Act of 18 July 2002 on electronic services [Journal of Laws of 2020, item 344 as amended].
15) Regulations – this document, setting out the terms and conditions of use of the Website, which the User shall accept and read before using the Website.
16) User – any natural person of full legal capacity, who uses the Website via the Internet, being ultimately a Freelancer or a Entrepreneur.
17) Working days – weekdays from Monday to Friday, excluding public holidays.
§ 3 Scope of services provided on the Website
1. It is a condition of the User’s use of the Platform that he/she reads the Regulations before using it.
2. Use of the services provided by Platform requires the User to have access to the Internet and to a Device.
3. Each User has the possibility to read, download the content of the Regulations to his/her Device and make a printout of the Regulations at any time, with the exception of technical interruptions and cases of force majeure.
4. The object of the Administrator’s activity on the Website is:
1) providing the User with access to the Platform on the terms set out in the Regulations, including familiarisation with the content available on the Website and the services provided by Bizky;
2) providing the User with the opportunity to make an appointment to contact a Bizky representative by means of a Pop-up window, or by leaving a message therein, in which it is necessary to respectively;
a) provide a telephone number in order to have a telephone conversation on Working days or to make an appointment for such conversation on another Working days following the day of the request;
b) provide an e-mail address and a telephone number (if it is required by the Pop-up window) in order to correspond by e-mail with a representative of Bizky on Working days – along with the possibility of leaving a message and its attachment by the User;
– with the reservation, that the User wishing to use the Pop-up window agrees to the processing of the personal data provided in accordance with the Regulations and to the contact and sending of commercial information by Bizky and entities affiliated with Bizky either by capital or personal relationship;
3) providing the User with the possibility of contacting Bizky via the Contact form – Slider “For freelancer” or “For company” depending on the type of User;
– with the reservation, that the User wishing to use the Contact form agrees to the processing of the personal data provided in accordance with the Regulations and to the contact and sending of commercial information by Bizky and entities affiliated with Bizky either by capital or personal relationship;
4) to enable the User to place an order for the services provided by Bizky as set out in § 4 of the Regulations on the terms and conditions set out in separate documents.
5. The use of the Website to the extent described in § 3 sec. 4 point 1-3) and the Regulations does not require the User to register on the Website.
6. The processing of the User’s personal data provided in the Contact form, via Helpdesk or in the Pop-up window by the Administrator, or its affiliates takes place according to the principles specified in § 10 of the Regulations.
§ 4 Placing an order for services provided by Bizky or its affiliates
1. Bizky allows the User to take advantage of its services offered directly on the Website or through the Website, in both of which cases the conclusion of the agreement is made at a distance without the physical presence of the parties, generally in documentary or electronic form, while the relevant technical tools for this purpose are provided by Bizky.
2. Bizky enables a User who is a Freelancer to use the one-time billing service (Slider to the “For Freelancers” field), requiring the creation of an account on the Website through the “Log In” tab, on the terms and conditions set out in the regulations available at https://bizky.ai/en/regulations-bizky-one-time/
3. Bizky allows a User who is a Freelancer to use the subscription service (Slider to the “For Freelancers” box), in the event of a greater demand under the service described in section 2, for which use of the Contact Form is required. Bizky stipulates that the subscription service is provided by an entity affiliated with Bizky in terms of capital or personal relations on the terms described in its relevant documents, characterised by relevant experience and qualifications needed for this type of service.
4. Bizky provides the User, who is an Entrepreneur, with the opportunity to use the Employer of Record (hereinafter referred to as “EoR“) service provided by Bizky (Slider to the field “For companies”). In order to establish the aforementioned business relationship, it is necessary for the Entrepreneur to use the Contact Form. Within a few Working days from the date of application via the Contact Form, the Entrepreneur will be contacted by a representative of Bizky, who will outline the terms of commercial cooperation between the parties and answer the Entrepreneur’s questions.
5. In the event of the conclusion of an agreement for the provision of the EoR service, regulating in detail the rights and obligations of the parties, the Bizky representative will further set up an account on the Website for the User who is an Entrepreneur and any sub-accounts. The functionality of the Entrepreneur’s account and potentially related sub-accounts specified in § 5 of the Regulations.
6. Bizky provides Users, the possibility of submitting queries through the Helpdesk available 24 hours a day, 7 days a week, through which a given User may:
a) submit reports regarding ongoing problems with the Website;
b) make enquiries about services provided on and through the Website, as well as to obtain an automatic response in the case of a more common problem;
c) either make requests to obtain a response by a Bizky employee without undue delay on Working days in cases of more complicated or individual, non-standard requests.
7. Filling in the Contact form or contacting via a Pop-up window or Helpdesk in order to place an order by the User for the services described in § 4 of the Regulations, involves the User’s consent to subsequent contact by an authorised person on behalf of Bizky or an entity affiliated with Bizky by capital or personal links, as well as consent to the provision of commercial information to the User within the meaning of Article 2(1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended). Processing of the personal data of the Freelancer and Entrepreneur provided in the Contact form by the Administrator and its affiliated entities takes place according to the principles set out in § 10 of the Regulations.
8. Correct completion of the Contact form by the User, involving the provision of the required personal data specified in the Contact form, results in the User receiving a notification at the e-mail address provided by the User on the subject of Bizky’s acceptance of the requirements for a given User.
9. It is prohibited for the User to delete or provide false data through the Contact form.
§ 5 General terms and conditions of the EoR service
1. After the Entrepreneur places an order for the EoR service and then enters into an agreement in a documentary or electronic form with Bizky through its representative, within a few Business Days the Entrepreneur will be granted access to additional functionalities of the Website under the terms described in § 5 of the Regulations.
2. If the Entrepreneur meets all the requirements referred to in sec.1, he/she shall be granted access to a special account dedicated exclusively to this type of User (hereinafter the “Entrepreneur’s Account”).
3. The use of the Entrepreneur’s Account is free of charge, however, the Website requires the Entrepreneur to accept consent by ticking the appropriate check-box for the transmission of commercial information (within the meaning of Article 2(1) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended) by Bizky or an entity with capital or personal links to it.
4. For security reasons, the Service may request the Entrepreneur or his/her consultants, to change the automatically generated password for the first login, as to request acceptance of the Regulations also through the corresponding checkbox.
5. As part of the EoR service, the Entrepreneur may, inter alia, account through Bizky for his consultants in terms of accounting, finance and human resources under the terms and conditions set out in the agreement with Bizky referred to in § 4 sec. 4 of the Regulations.
6. The Entrepreneur’s Account allows for:
1) placing an order by the Entrepreneur for the billing of his/her consultants through Helpdesk, which as a separate agreement will be concluded in documentary or electronic form by external software dedicated for this purpose;
2) sending invitations to the Entrepreneur’s consultants for the purpose of billing them under the aforementioned sec. 5 angle within the EoR services by Bizky, who will then be granted access to special sub-accounts allowing them to handle the payment of remuneration once the instructions have been submitted by the Entrepreneur and the submission of leave requests once they have been approved by the Employer;
3) submitting instructions via the Helpdesk regarding payment of remuneration to his/her consultants, granting them annual leave, amending the agreement referred to in § 5 sec. 6 point 1) of the Regulations, including its termination, ordering additional services, as well as granting a specific benefit or issuing a specific piece of equipment for a given consultant under the rules set out in separate regulations available at start@bizky.ai, which will involve the sending of commercial information (within the meaning of Article 2(1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended) by Bizky or its capital or personally related entities, as well as Bizky’s business partners;
4) to view the number of Entrepreneur’s consultants billed in Bizky, their payroll, salary payment status, holiday requests and their acceptance by means of external software used for this purpose.
7. In order to use EoR within the Entrepreneur’s Account, the Entrepreneur is required to accept and pay by bank transfer to the bank account indicated by Bizky an accounting document issued by Bizky containing, inter alia, the number of Entrepreneur’s consultants billed through EoR. The date of payment of the aforementioned accounting document by the Entrepreneur is the date of credit on the bank account of Bizky.
8. For the rest, Bizky, including in particular with regard to the amount of the fees for the EoR service, the deposit for the individual consultant of the Entrepreneur, refers to the agreement referred to in § 4 sec. of the Regulations and the agreement mentioned in § 5 sec. 6 point 1 of the Regulations.
§ 6 Termination of services provided by the Platform
1. A User who merely browses the content made available on the Website, including the use of the Helpdesk, without making a request via the Contact Form related to the services referred to in § 3 sec. 4 points. 1-3) of the Regulations, does not have to terminate the contract for the provision of services or the contract for the provision of electronic services in any way.
2. Bizky may suspend, with immediate effect, the agreement for the provision of services by electronic means in relation to a User who has entered into a business relationship with Bizky or with an entity related by capital or personality to Bizky in the event that:
1) The User uploads via the Contact form, Helpdesk or Pop-up window unlawful content that violates mandatory provisions of law, including copyright regulations;
2) The User sends unsolicited commercial information via the Contact Form, Helpdesk or Pop-up window,
3) The User blatantly or persistently violates the provisions of the Regulations or takes actions contrary to the aims and purpose of the Website,
4) The User insults Bizky employees by using or not using words commonly used to be vulgar,
5) The User violates other provisions of the Regulations.
§ 7 Complaints procedure
1. The User may report any malfunctions of the Website by sending an e-mail given on the website start@bizky.ai or by means of the Contact form, or Pop-up window, in the content of which he/she enters:
1) the User’s data enabling contact
2) type of malfunctioning of the Website;
3) circumstances justifying the complaint;
4) possible requested method of removing the alleged infringement.
2. Bizky will consider complaints within 14 days of the complaint being made, indicating whether it acknowledges the complaint and how it intends to deal with it or informing the User of the lack of grounds for acknowledging the complaint, together with the reasons for its position.
3. The response to the complaint shall be sent to the e-mail address provided by the User in the Contact form or via the Helpdesk if the User has not provided any other form of response provided for in these Regulations.
4. If a complaint is acknowledged, the Platform shall promptly take such action as it deems appropriate to implement the content of the complaint.
5. Failure to receive a response from Bizky to a complaint lodged by the User within 14 days shall be equivalent to recognition of the complaint.
§ 8 Technical conditions of use of the Platform
1. In order to use the Website, the User should have:
1) a device that transmits teleinformation data;
2) enabled acceptance of cookies and Javascript;
3) access to the Internet;
4) email address.
2. The Administrator collects information contained in cookies, which are text files containing the identifier of the Device used by the User.
3. The User decides on the use of Cookies. Web browsers are often set by default to install these files on the User’s terminal device, who can change the settings at any time.
4. The Administrator informs that disabling the use of cookies by the User may affect the functionalities available on the Website.
5. Detailed information on cookies is contained in the Privacy and Cookies Policy, available at https://bizky.ai/privacy-policy/ which constitutes an integral part of these Regulations.
§ 9 User rights and obligations
1. The User uses the information published on the Website at his/her own risk.
2. It is forbidden for the User to post statements via the Contact form, Helpdesk or Pop-up window:
1) carrying unlawful content;
2) abusive or defamatory, containing threats or obscene or indecent content;
3) false or misleading;
4) infringing the rights of third parties;
5) that spread spam;
6) containing links or advertisements of competing websites;
7) containing viruses or other technology detrimental to the Platform and other Users.
3. User or any person who has knowledge of infringements of rights may report them by sending a message through the Contact form, the Pop-up window or to the e-mail address start@bizky.ai in which he/she shall indicate the type of infringement and the entity which committed it.
4. When using the Platform, the User undertakes to respect the copyrights and rights arising from the registration of inventions, patents, trademarks, utility and industrial designs of the Service and of third parties.
5. User may not copy, modify or distribute the content, images, logos, works without the prior consent of the authorised person. Bizky shall not be liable for the aforementioned actions of the User which are not caught without undue delay after they have been made available on the Platform.
6. Violations of the rules by the User can be reported by sending an email to: start@bizky.ai or via the Contact form, or via the Pop-up window.
7. Within the scope of the Website, it is prohibited for a User to act in a way that would grossly violate the provisions of the Regulations or applicable law.
§ 10 Administrator rights and obligations
1. The Administrator cares for the proper operation of the Website.
2. The Administrator is not responsible for:
1) any misleading content made available by the User;
2) the actions of unauthorised third parties to whom the User has given access to his/her e-mail address and other data indicated in the Contact form or elsewhere;
3) any damage caused as a result of the discontinuation of the provision of services or the discontinuation of the provision of services by electronic means by Bizky, where this has occurred due to the fault of the User or due to the violation of the law or the Regulations;
4) interruptions caused by technical changes to the Website, works aimed at improving or modifying the Platform;
5) hacking attacks consisting of a breach of security with at least a standard level of security;
6) a lack of continuity of the services offered on the Platform due to the actions or omissions of third parties, including those providing telecommunications services to the Platform (hosting providers, etc.);
7) natural disasters resulting in the cessation of the provision of services by Bizky and other force majeure such as war;
8) loss or destruction of data collected and stored on the Website caused by the integration of third parties to whom the User has made available the data provided by the User in the Contact Form or by hacking attacks referred to in sec. 5);
9) lost pecuniary benefits arising in a manner independent of Bizky;
10) any damage arising in connection with the User’s use of the materials available on the Website.
3. Administrator is not responsible for illegal activities of the User if he is not aware of the facts and circumstances of these activities.
4. If the User obtains undoubted information about unlawful activity within the Platform, Administrator is entitled to call for their cessation without undue delay.
5. If a User fails to comply with the summons referred to in sec. 4, the Administrator may block the use of the Website to the User for a period of 30 days, with the possibility of its extension for further periods.
§ 11 Principles of personal data processing
1. The Users are informed that the Administrator is bChange limited liability company with its registered office at: Warsaw (Poland), Al. Ks. Poniatowskiego 1, (additional address details: Staircase K4, Level 1), 03-901 Warszawa, entered to the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000312229, holding tax identification number (NIP) 7010150265.
2. The User further agrees to the processing of personal data by Bizky and entities affiliated with Bizky on a capital or personal basis, in the event of using the part of the services referred to in the Regulations which are not provided directly by Bizky.
3. The Administrator undertakes to store personal data securely.
4. Personal data and information contained in the Contact form or in an e-mail, as well as through Helpdesk, will be used by the Administrator to conclude, amend, terminate the agreement with the User and to ensure the highest quality of services provided electronically.
5. The User has the right to access and modify his/her personal data at any time, as well as to delete them immediately upon notification to the Administrator, who will modify or delete the data completely at the request of the User.
6. The Administrator undertakes to apply technical and organisational measures to ensure data protection, in particular by protecting the data against unauthorised access.
7. The Administrator may transfer the User’s personal data provided via the Contact form, Pop-up window or Helpdesk to entities affiliated with him/her on the principles specified in the Privacy and Cookies Policy, available at https://bizky.ai/privacy-policy/, which constitutes an integral part of these Regulations.
§ 12 Final provisions
1. The Regulations are available at the following address: https://bizky.ai/regulations/
2. Any appendices mentioned in or under the Regulations are an integral part of the Regulations.
3. Bizky may amend the Regulations, which may involve the launch of a new version of the services provided on the Website. The said change in the form of a message visible on the Platform, shall become effective on the date indicated by the Platform, which cannot be shorter than 14 days from the moment the modified Regulations are made available to the Users and the User accepts this version of the Regulations.
4. The date specified in sec. 3 may be missed by Bizky if a legal obligation or court ruling obliges Bizky to implement the new version of the Regulations more quickly.
5. Use of the Website after the period indicated in sec. 3 shall mean acceptance by the User of the new version of the Regulations.
6. Amendments to the Regulations may occur in principle for the following reasons:
1) changes in generally applicable laws directly affecting the content of the Regulations;
2) imposition of specific obligations by the authorities of the Polish state or by European Union regulations;
3) prevention of abuse;
4) security considerations;
5) technological and functional changes ;
6) improvement of privacy protection;
7) changes in the scope of services provided, including provision of new services;
8) editorial modifications, corrections, contact details, including changes to the nomenclature or definitions of terms used.
7. Refusal to accept the provisions of the amended Regulations by the User means automatic termination of the agreement with the Service, within 14 days through a statement containing the personal data of the User indicated in the Contact form, sent via Helpdesk or Pop-up window, or sent by the User to the e-mail address start@bizky.ai
8. If the User is an Entrepreneur, any disputes arising on the basis of the Regulations or agreements shall first be resolved amicably by the Parties by way of negotiations or mediation, and if the Parties fail to reach an agreement – by a common court with jurisdiction over the seat of Bizky.
9. The law applicable to the consideration of disputes that may arise from these Regulations or the use of the Website shall be the law of Poland.
10. These Regulations were last modified on 21th of september 2023 yr.