Terms of Use

Section I. General provisions

§ 1

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As defined by these Terms and Conditions:

1. “Account” –  a collection of resources maintained under a unique identifier (e.g. an email address) that is associated with a specific User who accesses and uses the Service on behalf of the Customer;
2. “Archiving” – storing information collected within the Account by the User after the expiry or termination of the Account as defined in these Terms and Conditions;
3. “Billing Period” – the period calculated for the first time from the date of the first payment for the Service and lasting until the end of the day of the following calendar month preceding the day which corresponds in date to the initial day of the billing period (e.g. 15 December 2023 - 14 January 2024 or 13 July 2023 - 12 August 2024), and, if there is no such day in the last (following) month, on the last day of that month. Subsequent billing periods are calculated from the day following the end date of the previous billing period;
4. Civil Code – the Act of 23 April 1964 Civil Code (consolidated text: Journal of Laws of 2025, item 1071, as amended).
5. “Contact Form” – a Free Service consisting in the User authorized by the Customer sending a message to the Platform Provider via a message box provided on the Website (form available at https://www.customerhero.com/contact);
6. “Customer” – an entity that enters into a contract with the Platform Provider for the provision of electronic services and holds rights and obligations under such contract, as a result of concluding a master agreement with the Platform Provider;
7. “Free Services” – Services highlighted in these Terms and Conditions, the use of which is not associated with the obligation on the part of the Service Recipient to pay a fee;
8. GDPR – means 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 (General Data Protection Regulation, Official Journal of the European Union L. of 2016, No. 119, p. 1).
9. “Logging in” – entering an individual identifier (login) and access password, providing access to the contents of the Account, after prior Registration;
10. “Messenger” – a Free Service consisting in the User sending a message to the Platform Provider via a message box provided on the Website;
11. “Newsletter” – a Free Service consisting in sending information requested by the User by electronic means, after the User has provided an email address identifying the User;
12. “Operation Limit” – the maximum number of surveys, per billing period to be disposed by the User within the Account (or package). The Operation Limit renews up to the full number of fills specific to Account (or package) type at the end of the respective billing period;
13. “Service”, “Services” – the service or services provided by electronic means by the Platform Provider in favour of the Customer, listed and performed under these Terms and Conditions;
14. “Service Contract” – the principles for providing Services by the Platform Provider and the use of the Services by the Customer, including the rights and obligations of the Customer and the Platform Provider, described in these Terms and Conditions, to set out and consolidate the conditions of providing Services as well as the contractual provisions relating to the Services. Within the scope of services provided by electronic means the Terms and Conditions constitute the terms and conditions referred to in Art. 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text: Journal of Laws of 2024, item 1513, as amended);
15. “Platform Provider” – Get Feedback Racino, Sadowski, Skowronek spółka jawna with its registered office in Warsaw, postal code 00-382, at ul. Solec 81B lok. 73-A; registered by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under number KRS 0000432184, VAT No. 701-035-65-70, REGON 146346544, phone +48 22 207 25 10, email contact@customerhero.com;
16. “Terms and Conditions” – these Terms and Conditions of the customerhero.com website, determining in particular the types and scope of services provided electronically as well as the rights, obligations, and responsibilities of the Platform Provider and the Customer;
17. “User” – a natural person authorized by the Customer to access and use the Account and the Services on behalf of the Customer, including employees or representatives of the Customer or a Customer themselves. The User acts within the scope of authority granted by the Customer. All actions performed by the User within the scope of the Account and Services shall be ultimately the responsibility of the Customer, who is the contracting party under the master agreement;
18. “Website” – the website available at customerhero.com;

§ 2

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1. These Terms and Conditions determine in particular: the types and scope of Services, the principles for providing Services by the Platform Provider, the rules for using the Website, the terms and conditions for concluding and terminating the Service Contract, the technical requirements necessary for operating the Website, the prohibition for the User to provide unlawful content, and the complaint procedure.
2. The Terms and Conditions are made available to the User free of charge via the Website at  customerhero.com where they may view, reproduce, and record them at any time. Each Customer and User is required to read the Terms and Conditions before using the Services.

§ 3

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1. In order to properly use the Website and the Services Users must meet the following technical requirements:
   
   1. having an Internet connection;
   2. use an up-to-date version of one of the following web browsers with JavaScript and cookies enabled:

• Microsoft Edge (latest two versions), 
• Mozilla Firefox (latest two versions), 
• Google Chrome (latest two versions), 
• Safari (on macOS and iOS – latest two versions), 
• Opera (latest two versions), 

3. use a secure HTTPS connection.

2. Using outdated browsers or operating systems may result in limited or incorrect functioning of the Website.

Section II. Using the Website

§ 4

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1. The subject of providing the Services consists in enabling to use the content of the Website, in accordance with the Website’s provided functionalities, the nature of a given Service, as well as individual requirements, subject to compliance with applicable law.

§ 5

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1. Services provided via the Website may be free of charge or payable.
2. Free Services are as follows:

• browsing the content of the Website – an information service consisting of making content available at the individual request of the User (by displaying a page with a specific URL);
• Messenger;
• Contact Form;
• Newsletter;

3. Paid Services are:

• Services provided on the basis of a service agreement concluded with the Customer and subject to payment under that agreement; 
• any other Services explicitly designated as payable in the individual agreement or other contractual arrangements between the Customer and the Platform Provider.

Section III. Service Contract

Chapter 1 Contract for Free Services

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§ 6

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1. The conditions for concluding a Contract for providing Free Services:

• browsing the content of the Website – becoming familiar with these Terms and Conditions before actually using the Service.
• Messenger, Contact Form, Newsletter – becoming familiar with and accepting the content of these Terms and Regulations prior to actually using the Platform, providing data marked by the Platform Provider as necessary for using the Platform and sending it to the Platform Provider.

2. A Service Contract for browsing the content of the Website is concluded after reading the content of the Terms and Conditions with actually initiating to use this Service.
3. A Service Contract for: Messenger, Contact Form, shall be concluded upon fulfilling the conditions referred to in sec. 1 b), as soon as the User effectively completes (sends to the Platform Provider) the form with the data marked by the Platform Provider as necessary to start using a given Service, via a dedicated button made available on the Website.
4. A Service Contract for: Newsletter shall be concluded after collectively meeting the conditions referred to in item 1 b) and confirming by the User taking advantage of a given Service. The confirmation takes place upon receiving an email sent by the Platform Provider indicating the method of confirmation. Such a message is sent to the email address provided by the User (prior to initiating the use of a given Service in question).

§ 7

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1. A contract for providing the following Free Services: Browsing the contents of the Website, Messenger, Contact Form – is concluded for the duration of actually using a given Service.

§ 8

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1. The Newsletter service may involve the sending of commercial information to the User by electronic means, within the meaning of the Act of 18 July 2002 on providing services by electronic means (consolidated text: Journal of Laws of 2024, item 1513, as amended). Prior to initiating to use the Newsletter Service, User has the option to voluntarily consent to receive such information from the Platform Provider.
2. The User may unsubscribe from the Newsletter at any time by notifying the Platform Provider of the wish to do so at the contact details provided by the Platform Provider. The Contract for providing the Newsletter Service shall be concluded for the duration of using a given Service and shall be terminated upon delivering the request to unsubscribe from the Newsletter to the Platform Provider.

Chapter 2 Contract for Payable Services

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§ 10

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1. The condition for concluding a Contract for the provision of Paid Services is the prior conclusion of an individual agreement between the Customer and the Platform Provider. Under such agreement, the Platform Provider creates User Accounts based on the data provided by the Customer and grants authorised Users access to the Platform. 
2. The Service Contract is concluded exclusively between the Platform Provider and the Customer. The User accesses the Platform solely as a person authorised by the Customer and does not become a party to the Service Contract.

§ 11

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3. Access to the Account is provided by the Platform Provider after the conclusion of an individual agreement between the Platform Provider and the Customer and in accordance with the terms set forth therein, including the scope of ordered Services and the number of User Accounts. 
4. The Platform Provider shall activate the User Account(s) based on the data provided by the Customer and within the timeframes individually agreed upon between the Parties. 
5. The Customer bears full responsibility for the accuracy of the data provided for each User and for ensuring that such persons are authorised to act on behalf of or for the benefit of the Customer.

§ 12

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1. The Contract for providing the Services is concluded for a fixed term specified in the individual agreement between the Platform Provider and the Customer. Access to the Account within the scope of this Service shall be suspended upon expiry of the Account validity period, unless the Customer makes a payment based on an invoice issued by the Platform Provider to extend the Service for a subsequent period. Access will remain suspended until the due payment is made. The Customer is responsible for granting access to the Account to its employees, contractors, or other authorized Users in accordance with the concluded agreement.
2. The Customer is periodically informed by the Platform Provider about the level of using the Operation Limit, i.e. after 50%, 80%, and 100% of the Operation Limit has been used during a given billing period. Such information is sent to the email address of the Customer. 
3. In the event that the validity period of the Service Contract concluded with the Customer expires, and no payment has been made based on the invoice issued by the Platform Provider to extend the Service for a subsequent period, the Platform Provider shall initiate the Archiving procedure for all Accounts linked to that Contract. 
4. Archiving shall last for a period of twelve (12) months from the expiry date of the Contract's validity period. Upon expiration of this period, all data stored within the Accounts linked to the Contract shall be irretrievably deleted, and the Service Contract shall be deemed terminated. 

Chapter 3. Termination of the Contract

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§ 14

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1. The Service Contract between the Platform Provider and the Customer shall be terminated automatically upon the termination or expiry of the main agreement concluded between the Platform Provider and the Customer. The Customer is not entitled to terminate the Service Contract separately. At the Platform Provider’s discretion, the Customer’s account and access to the Platform may remain active during any ongoing discussions regarding new service packages or other organizational arrangements. 
2. In the case of the Newsletter Service, the User may terminate the Service Contract at any time by clicking the deactivation link included in each Newsletter email. 
3. The Service Contract between the Platform Provider and the Customer is concluded solely in connection with the Master Agreement. Termination or expiration of the Main Agreement shall automatically result in the termination of the Service Contract with the same effective date. Accordingly, the Customer may not terminate the Service Contract separately. The Service Contract terminates exclusively as a result of the termination or expiration of the Master Agreement.

Section IV. Obligations and liability of the Platform Provider and the Customer

§ 15

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1. The Platform Provider is not responsible for the information posted on the Website by Users
2. The Customer declares that all data regarding a given User provided before using the Services is entirely true, up-to-date, and complete and that it represents that person’s actual data.
3. The Customer shall not make that person’s Account available to anyone other than the Users.
4. The Customer may only use his/her Account via one login on one device (i.e. the Account Login only allows access to the Account on one device and it will not be possible to log in to one Account simultaneously on two or more devices).
5. The Platform Provider recommends that the User uses a password consisting of at least 12  characters, containing lowercase and uppercase letters as well as digits or special characters, and changes it periodically at least every 30 days.
6. The User shall take the utmost care to protect his/her login and password from unauthorized  access, and in particular shall not make them available to third parties.
7. The Customer is fully liable for the factual and legal acts performed within the features of the Website by third parties using his/her Account and the data contained therein. The Customer accepts full responsibility for such activities carried out using the assigned Account and the data contained therein as for his/her own activities.
8. The Customer is prohibited from providing content that is unlawful, contrary to good morals, or violates the interests of the Platform Provider.
9. The Platform Provider may block access to an Account containing content which is unlawful, contrary to good morals, or violates the interests of the Platform Provider, or delete such an Account.
10. The Customer is obliged to perform the obligations arising from these Terms and Conditions for the entire duration of using the Services, with the exception of maintaining confidentiality of login and password information (this obligation continues indefinitely).

§ 16

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1. In the event of violating the provisions of these Terms and Conditions, the Customer is obliged to compensate the Platform Provider for any damage resulting from the violation.

§ 17

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1. When creating a survey on the Website, the Customer receives a unique web address where the survey is available and manages it at own risk.

§ 18

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1. The Platform Provider reserves the right to interrupt the operation of the Website if this is due to repair, maintenance, or modification of hardware or software (works lasting no longer than 1 hour per week) and for reasons beyond the Platform Provider’s control.

§ 19

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1. The Platform Provider is not liable for any damage resulting from improperly using the Website by the Customer or Users, in particular for disclosing Account passwords, disclosing personal data, and for any damage resulting from discontinuing the provision of services or deleting the Account by the Platform Provider in accordance with these Terms and Conditions, as well as for damage resulting from modifying the Website code or misusing the Website.
2. The Platform Provider is not responsible for any loss of data by the Customer caused by external factors or other circumstances beyond the Platform Provider’s control.

§ 20

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1. The Platform Provider reserves the right to store the IT data necessary to provide the Services, in particular text files, in the User’s terminal equipment intended for using these Services.
2. The detailed principles for storing data referred to in item 1 are set out in the “Cookie Use Policy”.

Section V. Personal data protection

§ 21

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1. The Platform Provider is the Controller of the personal data of the Users.
2. The Data Controller has appointed a Data Protection Officer, who can be contacted via email at: iod@webankieta.pl or in writing at Get Feedback Racino, Sadowski, Skowronek spółka jawna with its registered office in Warsaw postal code 00-382, at ul. Solec 81B lok. 73-A, marked “Data Protection Officer”.
3. The personal data of Users is processed for the purpose of using the Services, concluding and implementing the Service Contract of such a Service, answering questions and resolving claims if they are made, explaining the circumstances of an unauthorised use of the Service, as well as for the purpose of archiving or a possible pursuit of claims, for the purpose of establishing contact and marketing of own products and services in a direct way and traditional form.
4. For the above mentioned purposes personal data will be processed on the basis of: Art. 6(1)(b), (c), and (f) of GDPR, i.e. respectively in connection with concluding and implementing the mutual rights and obligations arising from the Service Contract or taking action prior to concluding the Contract, at the request of the data subject, implementing the legal provisions regulating in particular archiving issues (accounting provisions, provisions concerning the expiry of the limitation period for claims), and in connection with implementing the Platform Provider’s legitimate interests, understood as, in particular, ongoing contact, accepting and processing complaints, asserting claims, direct marketing of own products and services carried out in the traditional form. Personal data processed in connection with implementing the Contract will be processed until its completion, and for archiving purposes – no longer than until the expiry of the proper period of limitation of claims.
5. With a separate consent, personal data may be processed for marketing purposes in connection with sending commercial information by electronic means, i.e. pursuant to Article 6(1)(a) of the GDPR. In this case, the data will be processed for the above purpose until the consent is revoked.
6. Providing data is voluntary (it is not a statutory obligation), but failure to do so means that the Platform Provider cannot properly fulfil the above-mentioned purposes. Data subjects have the right to access and correct (rectify), delete, restrict processing, to transfer data, or to object to processing it, and the right to withdraw consent (if given) at any time without affecting the lawfulness of the processing. The data subject has the right to lodge a complaint with the President of the Data Protection Authority if that person considers that the processing of his/her personal data violates the provisions of the GDPR.

§ 22

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1. The Customer shall only provide information on the Website, including personal data regarding the Customer or other persons, in a lawful manner and in a manner that does not violate the rights of third parties.

§ 23

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1. The User shall not post personal data of third parties on the Website if the User does not have a proper legal basis for doing so. In particular, the User may not import into the Website email addresses and other data belonging to persons who, for example, have not provided the User/Customer with direct consent to the processing of personal data or receiving commercial information by email.
2. In order for the User to provide personal data of third parties to the Platform Provider, it is necessary to conclude a data processing contract in writing. The presence of such a contract is the responsibility of the Customer.
3. The Platform Provider reserves the right to remove from the Website, personal details of third parties uploaded therein in a manner inconsistent with the provisions of the preceding passages.

§ 24

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1. The User may not send messages via the Website that constitute unsolicited commercial information under the Act of 18 July 2002 on providing services by electronic means (i.e. Journal of Laws 2020, item 344, as amended).

§ 25

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1. The Platform Provider is not responsible for unlawfully using the Website, the data (in particular personal data) included on the Website by the User, the presence and correctness of procedures and instructions for processing personal data implemented by the User.
2. The Customer is fully responsible for the compliance of the information held by the Customer and processed by the Customer through the Website with the requirements of the law and, in particular, with the requirements of the GDPR, other data protection legislation, for the purpose and manner of using the Website according to its purpose for using a given Service, including the lawful processing of personal data of third parties by the Customer, and for the legitimate manner in which the Customer sends commercial content by electronic means, while remaining in compliance with the applicable law.
3. In the event that the Customer uploads personal data of third parties to the Website without entering into a data processing contract as referred to in § 23 item 2, or contrary to its provisions, the Customer is fully responsible for its placement on the Website.

§ 26

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1. Further information relating to the processing and protection of the Users’ personal data is contained in the Privacy Policy available on the Website.

Section VI. Complaints procedure

§ 27

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1. The User may lodge a complaint if the used Service is not provided or is not provided in accordance with the provisions of the Terms and Conditions.
2. Any complaints regarding the use of the Service must be made by email to contact@customerhero.com.

§ 28

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1. In order to speed up the processing of the complaint, the User may provide a brief description of the reasons justifying the complaint in the body of the complaint.
2. If the data or information provided in the complaint requires supplementation, the Platform Provider, prior to processing the claim, addresses the submitting party to supplement it within the indicated scope.

§ 29

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1. The claim is considered within 3 work days from the date of the Platform Provider receiving an email including the claim.
2. A reply to the complaint is sent to the email address from which the complaint was received.

Section VII. Amending the Terms and Conditions and Final Provisions

§ 30 Amendment of the Terms and Conditions

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1. The Terms and Conditions enter into force on 23.09.2025 and are available on the Website.
2. The Platform Provider reserves the right to amend the Terms and Conditions in the event of at least one of the following valid reasons:

• a change in the law applicable to the provision of Services affecting the mutual rights and obligations determined in the Service Contract concluded between the Customer and the Platform Provider;
• the need for the Platform Provider to comply with orders, rulings, provisions, or guidelines arising from:

• a decision of a public administration authority proper within the scope of the Platform Provider’s operation, or
• a judicial decision applicable to the Platform Provider’s scope of activity affecting the mutual rights and obligations determined in the Service Contract concluded between the Customer and the Platform Provider;

• a change in the manner of providing the Service by the Platform Provider due exclusively to technical or technological reasons (in particular updating technical requirements);
• change in the scope or the principles for providing Services by the Platform Provider to which the provisions of the Terms and Conditions apply, by introducing new, modifying, or withdrawing by the Provider the existing functionalities or Services covered by the Terms and Conditions and offered to the Customer;
• merger, division, or transformation of the Platform Provider or changing other details of the Platform Provider determined in the Terms and Conditions.

3. In the event of changing the content of the Terms and Conditions under the terms determined above, the Customer has the right to terminate the Service Contract within 14 days of being notified about changing the Terms and Conditions, sent by the Platform Provider with due notice – 14 calendar days.
4. In the event that the Terms and Conditions are amended, the Platform Provider will make the consolidated text of the Terms and Conditions available by publishing it on the Website and by means of a message sent to the email address provided by the Customer.
5. In terms of amendments to the Terms and Conditions which do not affect the functionality of the Website, the version of the Terms and Conditions in force on the date of concluding the Contract shall apply to contracts concluded before the amendment to the Terms and Conditions.

§ 31 Final provisions

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1. The law applicable to concluding the Service Contract is the law of the Republic of Poland, and the courts are the common courts of the Republic of Poland, unless otherwise provided by mandatory provisions of law. Any disputes between the Platform Provider and the Customer who is not a Consumer or an Entrepreneur with the rights of a Consumer shall be submitted to the court having jurisdiction over the seat of the Platform Provider.
2. The choice of Polish law under the Terms and Conditions does not deprive the Consumer of the protection provided under provisions that cannot be excluded by contract between the Platform Provider and the Consumer under the law that would be applicable under the relevant regulations in the absence of the choice.
3. The Platform Provider agrees to submit any disputes with the Consumer arising in connection with the concluded service contracts to mediation.

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