Terms and conditions of the SimplePod.ai
§ 1
General
1. The Platform is a tool through which the Service Provider, via the Internet, provides
to Clients an electronic service within the meaning of the Act on the provision of
services by electronic means, i.e. the performance of a service provided without the
simultaneous presence of the parties (remotely), through the transfer of data at the
individual request of the Service Recipient, sent and received by means of devices for
electronic processing, including digital compression, and data storage, which is
entirely broadcast, received or transmitted via a telecommunications network within
the meaning of Polish law - the Act of 16 July 2004 - Telecommunications Law (Journal
of Laws 2017.1907, i.e. of 2017.10.12.)
2. The Platform provides the Client with the possibility of remote rental of virtual servers
for computing purposes, which the Client performs on its own. The system updates
automatically to provide more features and be fully compatible with changes.
3. The Platform is run in accordance with the Terms and Conditions and the provisions
of law applicable to the Platform and the Service Provider's activity, in particular on the
Internet.
4. By registering on the Platform and/or creating an account, the Client confirms that
he/she has read the content of these Terms and Conditions and agrees to all its
provisions.
5. The Regulations specify:
a) Scope of the electronic service referred to in the Terms and Conditions,
b) Terms and Conditions for the provision of Electronic Services, including:
- technical requirements necessary for cooperation with the ICT system used by the
Service Provider,
- prohibition of providing illegal content by Clients
c) Terms and conditions for concluding and terminating the agreement for Electronic
Services,
d) Complaint procedure for the Electronic Service,
e) Rules for using the Platform, including the rights and obligations of Clients and the
Service Provider resulting from the use of the Platform,
f) Rules for concluding and performing the agreement for the provision of Electronic
Services and payments.
g) Rules for the refund of the fee paid by the Client,
h) Rules for sending notifications to the Client,
§ 2
Definitions and Contact Details
1. The terms used in the Terms and Conditions with a capital letter mean:
a) Platform – a control panel operating at the address of the Internet domain
https://simplepod.ai/ , with the use of which the Service Provider grants Clients a timelimited license to the software – simplepod.nai (of which the Service Provider is the
creator).
b) ComputingPoint – points used to pay for the Electronic Service, points are
converted: 1USD to 1 ComputingPoint
b) OS - A Linux-based operating system containing a specially configured kernel,
graphics card drivers and proprietary services and scripts necessary for operation,
which is installed on a dedicated data carrier.
c) Dashboard - Control Panel available to the Client after logging in to the
https://dash.simplepod.ai/ website, through which the Client can make configuration
changes and monitor their rented virtual servers.
d) Service Provider – StupidThings.net limited liability company limited partnership with
its registered office in Jagatów, Dolina Krzemowa 6A, 83-010 Jagatowo, NIP:
PL6040221578.
e) Electronic Service – a paid service consisting in the Service Provider granting the
Client a time-limited license to software – simplepod.ai (of which the Service Provider
is the creator). The duration of the license granted depends on the amount of the fee
paid by the Customer.
f) Client – any person who uses the functionalities of the Platform, in particular orders
an Electronic Service via the Platform;
g) Terms and Conditions – these Terms and Conditions governing the rules of
operation of the Platform posted at
https://download.simplepod.ai/legal/Terms_of_Service.pdf
h) Act on the provision of electronic services – Polish law – the Act of 18 July 2002 on
the provision of electronic services (Journal of Laws 2013.1422, consolidated text, as
amended)
i) Civil Code – Polish law – Act of 23 April 1964. Civil Code (Journal of Laws 2016.380,
consolidated text, as amended);
j) GDPR – 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 and on the free movement of such data, and repealing Directive
95/46/EC.
2. The Service Provider's data are as follows:
StupidThings.net limited liability company limited partnership with its registered office
in Jagatowo, 6A Dolina Krzemowa Street, 83-010 Jagatowo.
e-mail: [email protected]
3. Through the information contained in the Terms and Conditions and the relevant
information available on the Platform, the Service Provider provides the information
referred to in paragraph 2 and informs about:
a) The main features of the service, including the subject of the service and the method
of communication with the Client;
b) the price of the Electronic Service,
c) Method and date of payment;
d) The manner and date of performance by the Service Provider,
e) the complaint handling procedure used by the Service Provider,
f) The existence and content of the guarantees and after-sales services and the
manner in which they are implemented;
g) The functionality of digital content and the technical means of its protection;
h) Relevant interoperabilitys of digital content with computer hardware and software
that Service Provider knows or should know about;
i) The possibility of using out-of-court methods of handling complaints and pursuing
claims and the rules of access to these procedures;
j) Procedure and conclusion of the agreement on the Platform,
§ 3
Procedure for concluding an agreement on the Platform
1. The Platform is used to conclude an Electronic Service Agreement between the
Service Provider and the Client.
2. The procedure for concluding an agreement concerning the Electronic Service via
the Platform consists of the activities described in sections 3 and 4 and the procedure
related to the execution of payments and making the Electronic Service available
described in § 4 of the Terms and Conditions.
3. In order to place an order for an Electronic Service and for the Client to fully use the
Platform, i.e. to use all its available functionalities, it is necessary to:
a) setting up a profile on the website by registering the Client;
b) activating the account via the link included in the e-mail;
c) logging in to the Account using the login and password;
d) payment of the appropriate fee through available payment gateways,
4. After performing the activities referred to in section 3 letters a-d) above, the Client
gains access to the Dashboard Panel, where they can manage their computer, its
status, operations performed by this computer, and temperature preview.
5. Through the Platform, the Client has the option to select and rent a virtual server
with a docker image to be run on the virtual server. The Service Provider does not
accept any liability for failure in calculations or interruption of the calculation process
by software or physical machine error or interruption of Internet access.
§ 4
Payment
1. The Clients' payment for the Electronic Service takes place via the Platform by
depositing the currency selected by the Client on a dedicated deposit address.
Payment is made through the gateways currently available on the website
(MasterCard, Visa, ApplePay, GooglePay).
2. Customer represents that he/she is the authorized user of the card, PIN, key or code
associated with this payment and authorizes the service provider to process the
payment by the selected third party with respect to ComputingPoint, equipment or other
fees incurred by the user.
3. The customer makes a payment to the account and the amount is converted to
ComputingPoints, where 1USD equals 1 ComputingPoint.
4. All purchases on the platform are subject to EU or UK VAT.
5. The Service Provider reserves the right to change the cost of using the Electronic
Service as well as to change the functionality of the Electronic Service in the future.
The provisions concerning the amendment of the Regulations referred to in §13 section
6 of these Regulations shall apply to the said amendments.
6. After the expiry of the period for which the Client has purchased the Electronic
Service, the licence expires and the Service Provider may deprive the Client of access
to the service.
7. Before the expiry of the period for which the Client has purchased the Electronic
Service, he is entitled to extend it for further periods. The provisions of these Terms
and Conditions shall apply to the extension of the Electronic Service.
§ 5
Invoices and returns
1. The Client has the option of receiving an invoice for the services provided by the
Service Provider. In order to receive an invoice, you need to fill in the invoice data
before making the payment and select the option to receive an invoice.
2. Invoices for ComputingPoints purchases are issued within 14 days of purchase and
can be downloaded by the Customer from the https://dash.simplepod.ai/
3. The customer agrees to receive sales invoices electronically to the address
indicated in the form.
4. The customer has the right to withdraw from the agreement and request a refund
for the purchases made only if the funds are not used within 14 days from the
moment of depositing the funds.
5. In order to obtain a refund of the fee, the Client should send a request for a refund
to the following e-mail address of the Service Provider within 14 days from the date
of payment of the fee: [email protected]
6. Each fee refund request is reviewed individually depending on the refund amount,
the transfer fees from the payment gateway provider, and the Service Provider's
processing fee. If you do not meet the conditions described in points 4 and 5, you
can send us a request and we will consider it individually.
7. The fee is refunded within 14 days (in words: fourteen days) from the date of sending
the request by the Client, through the same payment channel through which the
Client made the deposit.
§ 6
Clients' responsibilities
1. All information provided by the Client on the Platform should be consistent with the
factual and legal status.
2. It is prohibited for the Client using the Electronic Service to provide illegal content.
§ 7
Safety
1. The Client should use a strong password and enable two-factor authentication
during registration and logging in to the Account.
2. The Platform is not responsible for unauthorized access to the Client's account on
the https://dash.simplepod.ai/ website or for any communication and activity on the
platform, in a situation where the Client did not use a strong password, did not
ensure its security, or the Client's password was leaked to the Internet from other
programs or web portals. The Platform is not responsible for the use of the Client's
account and password by the person who used these data without the user's
consent. If the Client believes that the confidentiality of their login or password may
have been breached, they must immediately notify the administrator of the
3. The Service Provider is not responsible for any loss of data on the virtual server.
4. The Service Provider shall not be liable to the Client for any loss of data or
incomplete calculations resulting from a server failure or insufficient
ComputingPoints funds on the Client's account.
5. ComputingPoints are not any payment instrument, they act as a prepaid balance
for ordering electronic services on the platform. They are not subject to personal
property rights, have no value outside the platform, and cannot be redeemed for
cash.
6. The Client is obliged to make backup copies within their scope.
7. You acknowledge that the virtual server rented by you may stop working at any
time as a result of a failure and no fees will be charged during the failure.
§ 8
Termination of use of the Electronic Service
1. The Client may terminate the use of the Electronic Service at any time. The
agreement for the use of the Electronic Service is terminated by ceasing to use the
Platform. In such a case, the agreement is terminated automatically without the need
to submit additional statements of the parties, with the proviso that the Account
agreement is terminated at the moment of exercising the possibility of deleting the
Account.
2. The Client may at any time shut down and delete the rented virtual servers. The fee
for using the Electronic Service for this computer ceases to be charged within 1 minute
after the virtual server is turned off
3. Complaints regarding Electronic Services should be submitted using the contact
details referred to in § 2 section 2 of the Terms and Conditions.
4. The complaints referred to in paragraph 3 above are considered within 14 days from
the date of their receipt. The Service Provider will inform the Client about the results of
the complaint using the Client's contact details provided by the Client in the complaint.
5. Any liability of the Service Provider for defects in the Electronic Service is limited to
correcting or removing these defects.
§ 9
Complaints
1. The Service Provider informs that in accordance with the current state of the art, it
is not possible to produce a computer program in such a way that it works flawlessly
in all possible configurations.
2. The Service Provider shall not be liable for defects of the Electronic Service resulting
from the Client's incorrectly functioning infrastructure.
3. Complaints regarding the Electronic Service should be submitted using the contact
details referred to in § 2 section 2 of the Terms and Conditions.
4. The complaints referred to in paragraph 3 above are considered within 14 days from
the date of their receipt. The Service Provider will inform the Client about the results of
the complaint using the Client's contact details provided by the Client in the complaint.
5. Any liability of the Service Provider for defects in the Electronic Service is limited to
correcting or removing these defects.
6. The Service Provider's liability towards the customer may be only up to the amount
of the monthly fee for the service, without the possibility of asserting rights in courts,
etc. …
§ 10
Technical requirements
1. In order to use the Platform and conclude an agreement for Electronic Services, the
Client must meet at least the following technical requirements:
a) have a computer that allows you to browse websites;
b) have an e-mail account;
c) have access to websites via a properly configured latest Google Chrome web
browser.d) have Windows 8/10/11 or Mac or Linux.
2. Failure by the Client to meet the technical requirements indicated in the above
clause (in particular different or incomplete configuration of computer hardware or
software) may lead to the inability to use the Platform, including the inability to conclude
an Electronic Service Agreement.
§ 11
Information obligation
1. The administrator of the Client's personal data is StupidThings.net spółka z
ograniczoną odpowiedzialnością spółka komandytowa with its registered office in
Pruszcz Gdański, Dolina Krzemowa 6A, 83-010 Jagatowo, entered into the register of
entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, VIII Commercial
Division of the National Court Register under KRS number: 0000876797 NIP:
6040221578 REGON: 387827389
2. The Client's personal data will be processed in order to perform the contract
concluded between the Service Provider and the Client via the Platform in accordance
with Article 6(1)(b) of the GDPR. Performance of the contract is also understood as the
use by each party of the claims to which it is entitled under this contract. In addition,
the Client's personal data will be processed due to the implementation of the legitimate
interests of the Administrator (Article 6(1)(f) of the GDPR) and in accordance with the
internal privacy policy (Privacy_policy.pdf)
3. The recipient of the Client's personal data will be: accountants, auditors, dealers,
lawyers, persons cooperating with the Service Provider, who are necessary for the
performance of contracts concluded on the Platform.
4. The Client's personal data will not be transferred to third countries, i.e. outside the
European Economic Area.
5. The Client's personal data will be processed for the period required for the parties
to pursue claims and for the period required by law. And if the processing of personal
data is based on consent, it will be processed until it is withdrawn.
6. The Client has the right to access their data and the right to rectify, delete, limit
processing, the right to transfer data, the right to object, the right to withdraw consent
at any time without affecting the lawfulness of processing (if the processing is based
on consent), which was made on the basis of consent before its withdrawal;
7. The Client has the right to lodge a complaint with the supervisory authority if they
believe that the processing of their personal data violates the provisions of the General
Data Protection Regulation of 27 April 2016;
8. Providing personal data by the Client is a condition for concluding a contract for the
provision of Electronic Services by the Service Provider. The Client is obliged to
provide them, and the consequence of failure to provide personal data will be the
inability to conclude and perform the above-mentioned service contract.
9. The Client's personal data will not be processed in an automated manner.
§ 12
Notifications
1.Us The Provider sends to the Customer, to the e-mail address provided by the
Customer during the registration and login process, a notification about the low balance
of ComputingPoints.
2. After appropriate configuration, the service provider sends notifications to the
Customer to the e-mail address and via the Telegram program about offline virtual
servers.
3. The Service Provider stipulates that the notifications referred to in paragraphs 1 and
2 above may not present the actual facts.
§ 13
Activities prohibited on virtual servers
1. Virtual servers made available to Clients under these Terms and Conditions:
a) They cannot be used for illegal activities.
b) cannot be used to conduct DDoS attacks.
c) They cannot be used for cryptocurrencies without explicit permission.
d) They may not be used to run applications that infringe copyrights.
e) illegal material, including child pornography.
f) cannot be used to send spam.
g) They may not be used to interfere with the security of other systems or networks.
h) They cannot be used to run spyware or malware.
i) cannot be used for activities that may destabilize the network.
j) may not be used to share an account with third parties without the permission
of the owner of the service.
k) They cannot be used to compromise passwords or data.
l) They may not be used for activities that violate the privacy of others.
m) cannot be used to store personal data without appropriate permissions.
n) They cannot be used to conduct gambling activities without the required
licenses.
o) They cannot be used to distribute unauthorized software.
p) trafficking activities.
q) terrorist activities.
r) They may not be used for activities related to racial or religious hatred.
s) They cannot be used to violate environmental regulations.
t) They cannot be used for unauthorized monitoring of network traffic.
u) use proxies for IP masking or other methods to disguise your place of residence,
or to circumvent geo-restrictions on your order
§ 14
Liability of the Service Provider
1. The Service Provider is not responsible for the loss of the Client's data.
2. The Service Provider reserves the right to temporarily shut down the server for
maintenance at any time.
3. The Service Provider does not guarantee uninterrupted access to the server.
4. The Service Provider is not responsible for financial losses resulting from the lack of
access to the server.
5. The Client undertakes to regularly create backup copies of their data and the Service
Provider is not responsible for the Client's failure to perform this obligation.
6. The Service Provider is not liable for damages resulting from force majeure.
7.Us The Provider is not responsible for the consequences of the actions of third
parties, such as hacker attacks.
8. The Service Provider reserves the right to limit or block access to the server in the
event of violation of the Terms and Conditions.
9. The Service Provider does not guarantee the compatibility of the server with the
Client's software.
10. The Client is fully responsible for the security of their data on the server.
11. The Service Provider is not responsible for hardware or software failures beyond
its control.
12. The Service Provider is not responsible for problems resulting from incorrect server
configuration by the client.
13. The Service Provider reserves the right to change the technical parameters of the
server without prior notice.
14. The Service Provider is not responsible for the loss of data caused by unauthorized
actions of the user.
15. The Service Provider does not guarantee a specific data transfer speed.
16. The Service Provider is not responsible for the malfunction of the software provided
by the Client.
17. The Service Provider reserves the right to terminate the provision of services
without compensation in the event of a breach of the Terms and Conditions by the
Client.
18. The Service Provider is not responsible for any loss of data resulting from a failure
of the power supply or communication system.
19. The Client undertakes to protect their data against unauthorized access.
20. The Service Provider is not responsible for the consequences related to improper
use of the server by the Client.
§ 15
Final provisions
1. The Platform and the activities related to concluding agreements on the Platform
are available in Polish and English, with the Polish text being binding.
2. The Terms and Conditions are made available to the Client at the address
https://download.simplepod.ai/legal/Terms_of_Service.pdf prior to the conclusion of
the agreement, as well as - at the Client's request - in a form that allows for obtaining,
reproducing and recording the content of the Terms and Conditions by means of the
ICT system used by the Client, including in particular downloading, copying,
downloading and saving on the Client's hard drive or printing it.
3. The Service Provider may terminate the Electronic Service with immediate effect in
a situation where the Client makes attempts to hack into the Service Provider's system
or makes unauthorized changes to the Service Provider's program. Any infringement
of the intellectual property of the Service Provider's licence will result in its blocking. In
addition, consequences will be drawn in accordance with the applicable law.
4. The Terms and Conditions are an integral part of the agreement concluded via the
Platform, including the Electronic Service Agreement.
5. The Client has the right to file a complaint referred to in the Terms and Conditions
as well as to use other claims resulting from the provisions of the Polish law. The Client
has the right to use out-of-court means of redress.
6. The Terms and Conditions may be amended. Each Client will be informed about the amendment to the Terms and Conditions by the Service Provider by sending to the email address indicated by them in the registration form, information about the change in the Terms and Conditions together with the content of the new Terms and Conditions. Notification of the amendment to the Terms and Conditions in the manner specified above shall take place no later than 7 (seven) business days prior to the introduction of the amended Terms and Conditions. If the Client who has an Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Service Provider of this fact within 7 (seven) days from the date of notification of the amendment to the Terms and Conditions. Failure to accept the Terms and Conditions results in the termination of the contract with the Service Provider. The amended Terms and Conditions apply to orders for Electronic Services placed after they were made available on the https://simplepod.ai website. The amendment to the Terms and Conditions does not apply to orders placed before it was made available, as well as to the Electronic Service that the Client started using before it was made available.
7. To the extent not regulated by the Terms and Conditions, the generally applicable provisions of Polish law shall apply.
8. The Polish law shall be applicable to the assessment of rights and obligations arising from the Terms and Conditions.
9. Any disputes that may arise in connection with the interpretation of the provisions of the Terms and Conditions shall be resolved in accordance with the Polish law and the Polish jurisdiction.