Sales and Training Regulations

The Regulations define the terms and conditions of organizing and conducting training sessions, as well as the rules of selling training sessions and other products (hereinafter collectively referred to as “Products”) by HexArcana Cybersecurity GmbH with its registered seat at Cholenmoosweg 5, 8942 Oberrieden, Switzerland, represented by Michał Składnikiewicz, hereinafter referred to as the Seller.

You can contact the Seller by writing to the email address: contact@hexarcana.ch

§1 Basic Terms Used in the Regulations

Explanation:

1. Price - the value expressed in monetary units that the customer is obliged to pay, and in the case of digital content/service - also a digital representation of the value;
2. Working days - days of the week from Monday to Friday, excluding holidays;
3. Customer - an entity that plans to purchase or is purchasing the product(s), i.e. a naturalperson with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, which is granted legal capacity by law - that has concluded or intends to conclude an Agreement with the Seller, also referred to as the User;
4. Consumer - an individual making a purchase for purposes that are not directly related to his/her business/professional activity;
5. Offer - a sales proposal containing the essential elements of the Product (including but not limited to product description, individual proposal of the Seller) presented on the Site/Store under the domain hexarcana.ch or made available to the Customer individually by the Seller;
6. Seller's Platform - Seller's platform provided using the domain hackarcana.com, including subdomains, within which Seller's Products are made available;
7. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store;
8. Entrepreneur on the rights of the consumer - a natural person, entering into a contract directly related to his business activity, when it is clear from the content of the contract that the contract does not have a professional character for him, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
9. Product - an electronic Product or Service offered by the Seller, intended for sale; the Product is for a fee, unless otherwise indicated;
10. Electronic product - digital content that the customer receives as part of the purchase, which takes the form of an electronic file. The format of the file depends on the content of the material (e.g. e-book, other materials in pdf form, audio/video);
11. Participant - a person using the Seller's Products;
12. Digital service - a service that allows the customer to:
1. produce, process, store or access data in digital form
2. share data in digital form that was sent or produced by the consumer or other users of this service
3. other forms of interaction using such data;
13. Terms and Conditions - these Terms and Conditions of Sales setting out the rules for the use of the Store, placing orders and the rules of order processing by the Seller;
14. Store/Website - the website on which products are sold by the Seller under the domain hexarcana.ch and/or hackarcana.com;
15. Durable medium - a material or tool for storing information that allows access to such information in the future (for the time necessary to fulfill the purposes for which the information is used) and makes it possible to reconstruct the stored information in an unchanged form;
16. Contract - mutual agreements of the Seller and the Customer defining mutual rights and obligations;
17. Service - a service provided by the Seller to the Customer.

§2 Rules of Cooperation and Conclusion of the Agreement

1. The terms of execution of the Agreement and the rules of cooperation are set forth in the Regulations and the Offer.
2. The Seller shall make the Terms and Conditions available to the Customer free of charge before the conclusion of the Agreement, and also - at the Customer's request - in such a way that allows obtaining, reproducing and recording the contents of the Terms and Conditions by means of the data communications system used by the Seller.
3. The Terms and Conditions and the Offer do not exclude or limit the rights under mandatory provisions of law of the Customer who is a Consumer or Entrepreneur on the rights of a consumer in the territory of EU countries and the EEA and outside the EEA.
4. In the event of any discrepancy between the Terms and Conditions and the Offer, the Offer shall be binding.
5. The contract is concluded when the Customer accepts the Terms and Conditions, makes an effective payment and the Seller confirms acceptance of the order for execution, subject to the provisions below.
6. If the date of the first payment is after the conclusion of the Contract, the Contract is concluded when the Customer accepts the Terms and Conditions and the Seller accepts the order for processing.
7. If the Customer chooses a recurring or installment payment, the Customer shall pay the Price for the Product in full. Making the first payment, does not release the Customer from the obligation to pay the Price in full.
8. Effective payment - if the Customer makes a method of payment by bank transfer, electronic payment or payment card - occurs when the Seller's bank account is credited.

§3 Price

1. The price is gross and includes all taxes required by law.
2. The price does not include information regarding other costs, which, in the event that the customer is required to pay them, will be informed before placing the order.
3. The reduced price is the price in effect as a result of the reduction in the price of the Product.
4. The lowest price is the lowest price for the Product that was in effect during the 30-day period prior to the introduction of the discount, and in the case of a product offered for sale for a period of less than 30 days, the lowest price is the lowest price in effect during the period from the date of commencement of offering of that Product until the date of introduction of the discount.
5. All prices on the Website are given in: hexarcana.ch – CHF, hexarcana.pl – PLN. Prices shown to the Customer include value added tax (VAT) at the applicable rate. If a Customer is not obliged to pay VAT (for example his residence is outside of Switzerland), he shall contact the Seller before placing the Order in order to apply the correct VAT amount or to check the Seller’s eligibility to sell to the Customer’s country.

§4 Ordering Rules

1. The customer can use the Site 7 days a week, 24 hours a day.
2. Payment can be made by traditional bank transfer, after placing an order directly by email to the Seller's address: contact@hexarcana.ch or placing an order by filling out the purchase form on the Website.
3. The seller shall refund the payment using the same method of payment used by the customer (the same account number from which the payment was delivered).
4. The customer is obliged to make payment immediately after placing the order, unless otherwise stated in the Offer or the method of payment.
5. Due to the wording of the Law on Value Added Tax, if an order is made by an Entrepreneur, in order for the Seller to issue a VAT invoice, it is necessary to provide the Entrepreneur's identification number (e.g. NIP) at the stage of placing the order.
6. Invoices and data are sent electronically, to the customer's email address through which he places the order.
7. In order to purchase Products through the Site, you must:
1. select the Product(s) you wish to purchase, from the options available on the site, by clicking on the “add to cart” button or the equivalent button;
2. After selecting the Products, indicate the required information (e.g., customer data, payment method, delivery method);
3. get acquainted with the information about the total price for the selected Products, including other additional costs, resulting from the order; until the acceptance of the Terms and Conditions and the order, it is possible to make independent modifications in terms of data and Products added to the shopping cart;
4. After reviewing the order, accept the Terms and Conditions and the order, and make payment for the order according to the selected payment method. Once the order has been placed, the Seller will send a confirmation of the order.
8. In order to purchase Products electronically, e.g. by email or by instant messaging, you must:
1. Select the Product(s) you wish to purchase and review the Offer;
2. After selecting the Products, indicate the information required by the Seller (e.g. Customer data, payment method);
3. before accepting the order, read the information about the total price for the selected Products, including other additional costs, resulting from the order;
4. accept the terms of cooperation presented by the Seller for the order, including the Terms and Conditions, and make payment for the order in accordance with the selected payment method. Once the order has been placed, the Seller will send confirmation of the order and confirmation of acceptance of the order for processing.
9. After the conclusion of the Contract, the Seller also sends the Customer the terms and conditions of the Contract, if they have not been communicated before the conclusion of the Contract, as well as confirmation of acceptance of the order for execution.
10. The seller has the right to cancel the order if the customer fails to make payment within 3 working days from the date of the order, or if the customer fills in the order form in a way that prevents its proper implementation, despite the customer's request to complete/correct the data under pain of cancellation.

§5 Order Processing Rules

Electronic products (including e-books/video recordings/online courses/PDF materials)

1. Depending on the type of Product, access to the Electronic Product will be granted by sending to the email address provided by the Customer:
1. Login link to the Seller's Platform, within which the Product was made available with the creation of an Account on the platform;
2. link to download the Electronic Product,
3. A link to a recording made available within a platform, e.g., Vimeo, YouTube (in non-public mode),
4. A link to live streaming provided within a platform, e.g. Vimeo, YouTube (in non-public mode).
2. Access to the Electronic Product will be provided to the Customer immediately, no later than 24 hours after the conclusion of the Agreement, subject to the provisions below.
3. In the case of an electronic Product in the form of video recordings, it is possible to use the Product by playing it (streaming). It is prohibited to share the link to the above-mentioned recordings with third parties. For more information on copyrights, see §8 Copyrights and licenses.
4. In the case of an Electronic Product such as, for example, courses/training or other electronic products where the materials, due to the nature of the Product, are not available in full immediately after purchase, the materials will be made available systematically on subsequent days of the course/training.
5. Access to the Product is for a limited period of time and is for 12 months counting from the date of the Agreement, unless otherwise stated in the Offer.

Access to the platform with exercises

1. If a Product is purchased that includes access to the Vendor's platform with exercises, the Customer has the right to use the materials available on the aforementioned Platform. The link to the platform will be sent to the Client at the email address indicated by the Client. If, in order to gain access, it will be necessary, in addition, to provide a password identifying the Customer, the Seller will also send an access password.
2. The customer has the right to use access to the Vendor's Platform with exercises, in a time-limited manner for a period of 90 days from the date of conclusion of the Agreement.

Online broadcasts (including webinars)

1. In the case of purchase of a Product that includes access to online broadcasts (including but not limited to live webinars/online training sessions), the Customer will be granted access to the Platform on which the webinar/meeting takes place no later than prior to the date of the online broadcast. Access will be sent to the email indicated by the Customer.
2. Online broadcasts may be recorded by the Seller, unless otherwise specified in the Offer.
3. In connection with the possibility of recording online transmissions, the Vendor has also regulated in these Terms and Conditions the issues of image recording and processing of the Customer's sensitive data. [§6 Image]

Access to the group on Discord

1. In the case of the purchase of a Product that includes access to a dedicated server, channels, or group on Discord (hereinafter:Discord space), the access link will be sent to the Customer at the email address indicated by the Customer or made available within the Customer's access to the Seller's platform with materials. If, in order to gain access, it will be necessary, in addition, to provide an access password identifying the Customer, the Seller will also send an access password.
2. In order to access a group on Discord, the Customer should have the Discord program installed on his computer (or phone), and should create an Account. It is permissible to use a group on Discord without installing the program (within a browser), but the Vendor suggests installing the program in order to use the program effectively. For more information on how to use Discord, please visit the Discord website: https://support.discord.com/hc/en-us/articles/360033931551-Getting-Started
3. In the case of purchase of a Product that includes access to space on Discord, the Customer is required to comply with the Discord Terms and Conditions available on the Terms of Use page: https://discord.com/terms
4. For information on data processing by Discord Netherlands BV, please see Discord's Privacy Policy: https://discord.com/privacy
5. The Customer shall have the right to use access to the group on Discord in a time-limited manner for the duration of the access to the Product under which access was granted, unless otherwise stated in the Offer.
6. Due to the nature of the platform and the possibility for the Customer to share his/her image, the Vendor has also regulated the issues of image preservation in these Terms and Conditions [§6 Image].

Group training (including online group training/webinar/online courses)

1. For detailed information on Group Training, please see the Offer.
2. Group training sessions last a minimum of 120 minutes, unless otherwise specified in the Offer.
3. Group training sessions are held as scheduled.
4. Due to the nature of Group Training, it is not possible for the Client to change the schedule. Absence during the Group Training does not constitute grounds for reimbursement of remuneration for the Training provided by the Vendor in accordance with the schedule.
5. The vendor has the right to record Group Training.
6. Recording of the Training is not included in the price of the Training, unless otherwise stated in the Offer.
7. In case of absence during the Group Training, the Client has the opportunity to receive access to additional materials (provided they have been made available by the Vendor in accordance with the Offer). The materials will be made available on the platform, the link to which will be sent to the Client by the Vendor or will be sent by email.

Support to the Product (including online support, support in the form of video/feedback meetings)

1. For detailed information on support, see the Offer.
2. The Customer has the right to use the support in a time-limited manner for the duration of its access to the Product under which the support was offered.

Other information about the Products

1. The Vendor reserves the right, for a valid reason, to cancel the online broadcast or Training at the latest one day prior to the scheduled date of the event, unless the valid reason occurred later (e.g. sudden illness, fortuitous event). In such a situation, an alternative date for the event will be scheduled, of which the Client will be notified. If the Customer cannot attend the new date, the Customer has the right to reject the Vendor's proposal.
2. The Seller shall inform the Customer of updates, including those relating to security features necessary for the Product to comply with the Contract.
3. If the Customer cannot launch the shared file, material or access the Vendor's Platform or other platforms, the Customer should contact the Vendor.
4. The Vendor extends, at the request of the Customer, access to the Product in the event that, for reasons attributable to the Vendor, it was impossible to use the aforementioned Products (including technical problems of the Vendor's Platform preventing the use of the Products). The extension period corresponds to the period during which the Customer could not use the Product. The Customer is obliged to notify the Seller in case of the above-mentioned problems.
5. Only one person is entitled to use the Vendor's Product (unless otherwise stated in the Offer). If the Participant is to be a person other than the Customer, the Customer shall indicate this to the Seller at the stage of placing the order or immediately after placing the order by indicating the Participant's email address at the stage of creating an Account on the Seller's platform. In such a case, the Client obliges the Participant to comply with the Terms and Conditions, in particular with the rules and obligations indicated in §5 - 8 and §12 - 13.

§6 Image

1. The Customer is aware that the image of the Participant shared in the online transmission or within the group/platforms, may be processed by the Vendor, including recording and dissemination for educational purposes, archival purposes and for purposes related to the execution of the Agreement.
2. The customer is aware that online broadcasts may be recorded, and recordings of the broadcasts may be made available within the platform with materials/training/courses.
3. The Client - by switching on the camera during the online transmission (webinars/online meetings) or by sharing his/her image within the group/platforms, agrees that the Vendor may record, use and distribute the Participant's image in the form of a recording/photographs of the online transmission/co-op for documentary and educational purposes and for the purpose of executing this Agreement.
4. Processing of the image of the Client/Participant for marketing and promotional purposes requires separate consent.
5. The image referred to above may be used for various forms of electronic processing, framing and composition, as well as juxtaposed with images of other persons participating in the online transmission, while the film and sound recording with its participation may be cut, edited, modified, added to other materials created as part of the Seller's activities. Consent includes all forms of publication.
6. The customer may not record, use and distribute the image of other participants/leaders without prior consent of the above-mentioned persons. In case of violation of the aforementioned provision, the Vendor, as well as other persons whose right to image has been violated, shall have the right to file a claim for payment of damages and/or compensation in connection with the aforementioned action.

§7 Technical Conditions

1. The Customer may use the Site in accordance with the Regulations and applicable laws.
2. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above.
3. In order to use the Store or place an order, it is necessary for the Customer to have:
1. current version of a web browser supported by the manufacturer with Internet access. The recommended browser is Google Chrome; It is also possible to use other browsers (e.g. Opera, Mozilla Firefox), but the Seller does not guarantee the correct operation of the Seller's Store/Site within the above browsers;
2. active email account.
4. In order to use the Products, it is necessary for the Customer to have:
1. current version of a web browser supported by the manufacturer with Internet access. The recommended browser is Google Chrome; It is also possible to use other browsers (e.g. Opera, Mozilla Firefox), but the Seller does not guarantee the correct operation of the Seller's Store/Site within the above browsers;
2. active email account;
3. current tool/program that supports electronic files in the format indicated in the Offer (e.g., *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl);
4. an account on the Discord platform or on the Seller's platform in case the Offer indicates that the subject of the Agreement is, among other things, access to a dedicated group or materials on the platform
5. access to headphones or a speaker for audio playback, as well as a microphone - in the case of a Product that includes online broadcasts or Training.
5. If additional technical requirements are required to use the Store or Products, the Customer will be informed before using the Store or before placing an order for a Product.

§8 Copyrights and Licenses

1. All materials made available by the Seller, including Electronic Products, texts, photos, graphics, multimedia and trademarks are a work within the meaning of the Law on Copyright and Related Rights, subject to legal protection.
2. Copyright to the aforementioned materials is held by the Seller or another entity from which the Seller has obtained the appropriate license. The materials may also be used by the Seller on another legal basis.
3. It is forbidden for the Customer to share the Products or his account data with other parties.
4. The purchased Product may not be resold or distributed and sold commercially.
5. Unless otherwise stated in the Offer, the license granted to the Customer does not include the right to:
1. permanent or temporary reproduction of the product in whole or in part, for purposes other than the creation of copies for personal use,
2. To make any other changes in part or in whole of the Product,
3. to distribute the product for a fee by any means and in any form,
4. Free distribution of the product by any means and in any form.
6. Any materials made available by the Seller may be used only by the Customer for his own use, unless otherwise stated in the Offer. It is unauthorized to further distribute, share, rip or download in any way the materials outside the scope of permitted use.
7. In case of violation of the prohibition referred to in this paragraph, including copyright infringement, the Seller shall have the right to claim damages and compensation from the Customer. The Customer in the aforementioned scope may bear civil or criminal liability. The Vendor, based on applicable regulations, may make a claim for:
1. To cease violations or remove the consequences of violations;
2. repair the damage caused by the infringement by paying double the appropriate remuneration which, at the time of its enforcement, would have been due by virtue of the granting by the authorized party of permission to use the work, or by paying compensation determined in accordance with the provisions of the Civil Code (the choice is up to the Seller)
3. release of benefits obtained as a result of the violation.
8. The Seller has the right to make periodic updates to Products, including, in particular, Electronic Products.

§9 Non-conformity of the Product with the Contract

1. A Customer who is a Consumer or an Entrepreneur on the rights of a Consumer may file a complaint regarding the non-conformity of the Goods under the provisions of the Consumer Rights Act with respect to the laws of countries within the EU, EEA and outside the EEA, and these Terms and Conditions are not intended to limit or change them.
2. The complaint should be sent to the address of the Seller indicated in the Terms and Conditions (mailing or email address).
3. The complaint should contain data allowing identification of the Customer, the subject of the complaint and the demands related to the complaint. In the case of receipt of an incomplete complaint preventing its consideration, the Seller will call on the Customer to supplement it under pain of leaving the complaint unprocessed. The Customer may file a complaint using the form attached as Appendix No. 3 to these Regulations. The above rules also apply to the complaint referred to in §10.
4. The Seller shall consider the complaint within 14 days from the date of its receipt, unless otherwise specified in special provisions. The response will be sent to the Customer's email address or in any other way indicated by the Customer.
   

§10 Additional Customer Rights Regarding Digital Content/Service

1. This section defines the rights of the Consumer and the Entrepreneur on the rights of the Consumer in the case of contracts for the provision of content/digital service. The details of the Customer's rights are determined by the provisions of the Consumer Rights Act with respect to the laws of countries within the EU, EEA and outside the EEA, and these Terms and Conditions are not intended to limit or change them.
2. If the digital content or digital service is not in conformity with the contract, the customer may demand to be brought into conformity with the contract, or make a declaration to reduce the price or withdraw from the contract.
3. The Seller may refuse to bring the digital content or digital service into conformity with the contract if bringing the digital content or digital service into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
4. If the digital content or digital service is not in compliance with the contract, the customer may submit a statement of price reduction or withdrawal from the contract when:
1. it is impossible or requires excessive costs to bring it into compliance with the Agreement
2. The vendor failed to bring the digital content or digital service into compliance with the contract;
3. the lack of compliance with the Agreement continues even though the Seller has tried to bring the digital content or digital service into compliance with the Agreement;
4. the lack of compliance of the digital content or digital service with the Agreement is so significant that it justifies an immediate price reduction or withdrawal from the Agreement;
5. it is clear from the seller's statement or circumstances that it will not bring the digital content or digital service into conformity with the Agreement within a reasonable time or without undue inconvenience to the customer.
5. The customer may not withdraw from the Contract if the digital content or digital service is provided in exchange for the payment of a price, and the lack of compliance with the contract is insignificant.
6. If the Customer has not received the content or digital service, the Customer shall inform the Seller. If they are not delivered promptly or within an additional period expressly agreed by the parties, the Customer may withdraw from the contract.
7. The customer may withdraw from the contract without calling for delivery of digital content or digital service if:
   1. the Seller has stated or it is clear from the circumstances that it will not deliver the digital content or digital service, or
   2. The parties have agreed or it is clear from the circumstances of the contract that a specific date for the delivery of the digital content or digital service was of significant importance to the Customer, and the Seller did not deliver it within that date.

§11 Withdrawal from the Contract

1. This chapter sets out the rules of withdrawal from the Contract by the Consumer and Entrepreneur on the rights of the consumer, respecting the laws of countries within the EU, EEA and outside the EEA .
2. The Customer who is a Consumer or Entrepreneur acting on the rights of a Consumer has the right to withdraw from the contract within 14 days, subject to the provisions below. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller about it by an unequivocal statement, sending, for example, an email or a letter to the address indicated in the Terms and Conditions. For more information on the right of withdrawal, please see Appendix 1 and 2 to the Terms and Conditions.
3. The right to withdraw from the Agreement does not apply to the Agreement for:
1. for the provision of services for which the Customer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Customer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract, and accepted it;
2. for the provision of digital content not delivered on a tangible medium, for which the Customer is obliged to pay the price, if the Seller has begun the performance with the express and prior consent of the Customer, who was informed before the start of the performance that after the Seller's performance will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the Customer with confirmation of receipt of consent;
4. The customer referred to in paragraph 1 shall be liable for any diminution in the value of the Product due to the use of the Product beyond what is necessary to ascertain the nature, characteristics and functionality of the Product.
5. In the event of withdrawal from the contract for the provision of digital content or digital service, the customer shall refrain from using such digital content or digital service and making it available to third parties.

§12 User Account

1. The Seller, within the Seller Platform, may allow the Customer to create a User Account.
2. A User Account is an individual panel launched on behalf of the Customer by the Seller for the purpose of using the Seller's Products after the Customer registers and enters into a free agreement for the creation and maintenance of a User Account, hereinafter referred to as the Account. The contract for the creation and maintenance of a User Account is concluded for an indefinite period of time (unless otherwise stated in the Offer).
3. It is forbidden to share a User's Account with any third parties other than those to whom access has been assigned.
4. The creation of a User Account is necessary to access the User Account and to access the Product, provided that the Product is made available in the User Account.
5. The Seller sends to the email address indicated by the Customer information on the
   possibility of creating a User Account or, if the Account is created automatically, information on the creation of the Account. The Customer shall establish an individual password for the Account. The Customer is obliged to establish an individual password also in the case when, for the purpose of User Account registration, the password is generated automatically by the system. After registering an Account, the Customer should immediately establish a new password.
6. The Customer may submit a request for deletion of the Seller's User Account by email or any other method accepted for communication with the Vendor with 14 days’ notice without stating a reason.
7. Deletion of a User Account may result in the loss of access to the Products provided under the User Account.
8. It is forbidden for Users to use the Site or Services in a manner that violates the law, morality, personal rights of third parties or the legitimate interests of the Service Provider.
9. In the case of use of the Website in a manner inconsistent with the Regulations, laws, the User's account may be blocked.
10. The user will be informed of the blocking of the account via email.
11. The Seller may terminate the Agreement for the creation and maintenance of a User Account:
1. for important reasons with 14 days’ notice (applies to a Customer who is a Consumer or Entrepreneur on the rights of a Consumer); an important reason should be understood as, in particular, violation by the Customer of the provisions of the Regulations or legal regulations, as well as an by the Customer actions contrary to good morals;
2. without giving a reason immediately (applies to a Customer who is not a Consumer or Entrepreneur on the rights of a Consumer).

§13 Company User Account

1. A Company User Account is an individual panel launched for the benefit of persons to whom the Customer has provided a code to register and set up a Company User Account.
2. A Company User is a person to whom the Customer has provided a code to register and set up a Company User Account (including but not limited to an employee, co-worker of the Customer).
3. A Company User Account is created within the User Account referred to in §12 of the Terms and Conditions, after the conclusion of the contract by the Customer, upon acceptance of the Terms and Conditions by the Company User.
4. Expiration/termination of the Contract for maintaining a Company User Account is not the same as expiration/termination of the Contract for maintaining a User Account. The rules for expiration/termination of the User Account Agreement are set forth in §12 of the Terms and Conditions.
5. It is forbidden to share a Company User's Account with third parties other than those to whom access has been assigned.
6. It is forbidden for a Company User to use the Platform in a way that violates the law, good morals, personal rights of third parties or the legitimate interests of the Organizer, and it is forbidden to provide content of an unlawful nature.
7. In the case of use of the Platform in a manner inconsistent with the Regulations, laws, the User's Account may be blocked.
8. The User and the Customer will be informed about the blocking of the Account via email.
9. The Company User may submit a request for deletion of the Company User Account, of which the Organizer will inform the Client. A request for deletion of the Company User Account may also be made by the Customer.
10. The Seller shall delete the Corporate User Account immediately after the above request, no later than 14 days from the date of the request.
11. Deletion of the Company User's Account may involve loss of access to the Products made available within the User's Account and loss of statistics and information indicated in paragraph 14.
12. If the Agreement also includes the provision of a so-called administrator panel to the Client for the purpose of verifying the User's progress, the Client is obliged to inform the User of the nature of the aforementioned service. In addition, this information may also be indicated by the Organizer.
13. The Administrator's Panel allows the Client to monitor the progress of a Company User (including verification of whether the User has registered an Account, what training courses the User has attended, how much time the User has spent watching, as well as information about other activities and actions taken by the Company User in accessing the Company User's Account).
14. The rules for entrusting the Customer with the processing of personal data are set forth in a separate agreement with the Customer. The obligation to provide information regarding RODO, nFADP and the processing of information referred to in paragraph 14 rests with the Client.

§14 Specific Provisions for Entrepreneurs

1. The provisions indicated in this paragraph apply to the Entrepreneur who is not an Entrepreneur on the rights of the consumer.
2. The competent court to resolve any disputes arising between the Seller and the Entrepreneur who is not an Entrepreneur on the rights of the consumer is the court with jurisdiction over the seat of the Seller.
3. The Parties exclude the Seller's liability for non-conformity of the Goods with the Contract/defect of the item against the Entrepreneur who is not an Entrepreneur on the rights of the consumer.
4. The Seller has the right to terminate the contract with immediate effect to the Entrepreneur who is not an Entrepreneur on consumer rights. For this purpose, the Seller shall send the Entrepreneur a statement on termination of the contract to the email address or mailing address. The Entrepreneur waives any claims in this regard.
5. The Seller shall not be liable for lost profits to a Businessman who is not a Businessman under the rights of a consumer.

§15 Final Provisions

1. During the period of force majeure, the parties to the Contract shall be relieved from any liability for non-performance or improper performance of the Contract, if only the circumstances of force majeure shall constitute an obstacle to the performance of the Contract. The above shall also apply in the period immediately preceding or immediately following the occurrence of force majeure, if only during the indicated period the impact of force majeure shall constitute an obstacle to the performance of the contract.
2. “Force majeure” shall be understood as an event of a fortuitous or natural nature, completely independent of the will and action of the Parties, which could not have been foreseen and could not have been prevented, in particular such events as flood, burglary, war, act of terror, introduction of a state of emergency.
3. In a situation where the Customer is from outside the Seller's country, he should inform the Seller about it, indicating information about his place of residence/site, so that it is possible to settle the tax in accordance with the regulations applicable to him.
4. In the use of the Products, it is prohibited to provide information of an unlawful nature and to act in a manner contrary to the law, morality or violating the personal rights of third parties.
5. Amicable settlement of disputes and handling of complaints. The consumer can turn to:
1. of the permanent amicable consumer court with a request to resolve a dispute arising from the contract;
2. provincial inspector of the Trade Inspection with a request to initiate mediation proceedings, for an amicable settlement of the dispute between the Customer and the Seller;
3. district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection in order to obtain assistance on the contract;
4. or has the right to use the ODR platform. The platform is used to resolve disputes between consumers and businesses: https://ec.europa.eu/consumers/odr.
6. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, including, in particular, due to changes in the law to the extent that these changes force the Seller to also change the content of these Terms and Conditions, in particular, changes in the Law on Consumer Rights, the Law on Provision of Electronic Services, as well as by virtue of applicable administrative decisions or court rulings to the extent corresponding to the issued decisions / rulings, and in the event of a significant change in business factors, as long as there is a causal relationship between the above-mentioned change and a change in the cost of providing services by the Seller.
7. In the case of conclusion of contracts other than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations shall not in any way affect the rights acquired by the Customers who are consumers or entrepreneurs on the rights of consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect the Orders already placed or placed and the Sales Agreements concluded, executed or performed. Agreements concluded before the new Regulations came into effect shall be governed by the version of the Regulations in effect on the date of conclusion of the Agreement by the Customer.
8. The applicable law is Polish law, subject to paragraph 10.
9. The competent court shall be a Polish court subject to paragraph 10.
10. In the case of a Customer who is a consumer, the provisions of the Terms and Conditions do not deprive the consumer of the protection granted by the laws of the country of his habitual residence, which cannot be excluded by contract. If the provisions that apply in the consumer's country are more favorable to the consumer, and these provisions cannot be excluded by contract, they will apply in the contract concluded between the Customer and the Seller.
11. The administrator of the personal data provided by the Customer while using the Store is the Seller. The purpose of processing the Customer's data, provided by the Customer in connection with purchases in the Store, is to process orders. The basis for the processing of personal data in this case is: the contract of sale or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO), the legal obligation of the Seller related to accounting (Article 6(1)(c)) and the legitimate interest of the Seller, consisting in the processing of data in order to establish, assert or defend possible claims (Article 6(1)(f) RODO). Detailed information on the Seller's processing of personal data - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Privacy Policy - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection (RODO). Seller's Services may require data transfers between Switzerland and the European Union (EU) and the European Economic Area (EEA) in accordance with the RODO and nFADP. To ensure the protection of personal data during such transfers, the Service Provider relies on certain lawful transfer mechanisms, i.e., the Service Provider relies on the European Commission-approved standard contractual clauses as the legal mechanism for certain data transfers from the EU/EEA and Switzerland (designated countries). These clauses are contractual obligations between companies transferring personal data, which impose obligations on these companies to protect the privacy and security of data. The Service Provider has adopted the Standard contractual clauses for international transfers to ensure that data transfers needed to provide, maintain and develop our services are carried out in accordance with the law. You can find them at this link: https://commission.europa.eu/publications/standard-contractual-clauses-international-transfers_en
12. Regulations are effective as of 2024-09-06.

Appendix 1: Instructions on Withdrawal from the Contract

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail or email).

Our contact information: HexArcana Cybersecurity GmbH based in Cholenmoosweg 5, 8942 Oberrieden, Switzerland, represented by Michal Składnikiewicz, email address: contact@hexarcana.ch

You may use the withdrawal form template, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal from the contract

In the event of withdrawal from this contract, we will return to you all payments received from you, promptly and in any case no later than 14 days from the day we are informed of your decision to exercise your right to withdraw from this contract. We will return the payments using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return.

If you have requested the start of the performance of services before the expiration of the withdrawal period, you will pay us an amount proportional to the extent of the services performed up to the moment you informed us of your withdrawal from this contract.

Appendix 2: Withdrawal Form Template

Our contact information:
HexArcana Cybersecurity GmbH based in Cholenmoosweg 5, 8942 Oberrieden, Switzerland, represented by Michal Składnikiewicz, email address: contact@hexarcana.ch

Fill out all places marked with ellipsis (...) .

Appendix 3: Complaint Form

Our contact information:
HexArcana Cybersecurity GmbH based in Cholenmoosweg 5, 8942 Oberrieden, Switzerland, represented by Michal Składnikiewicz, email address: contact@hexarcana.ch

Fill out all places marked with ellipsis (...) .