These Regulations of the Senti-Bot Affiliate Program define the rules of participation of interested natural persons or legal entities in the “Senti-Bot” Affiliate Program, whose Organizer is Sentimenti sp. z o.o. with its registered office at Święty Marcin 11 / 8, 61-803 Poznań; KRS 0000708218; NIP 9721282038; REGON 368937240, conducted within the “Sentistocks” website, as well as the rules of use of the Program by Participants. This document is effective as of December 21, 2023.
§ 1 Definitions
- Customer – any natural person or legal entity who has purchased the Senti-Bot Service;
- Affiliate (Partner) Customer – any natural person or legal entity that has used a referral link to the Senti-Bot Service and made a purchase of the Senti-Bot Service;
- Referral Link – a link that is generated individually for each Program Participant and is the only tool for assigning a Client to a Program Participant;
- Calendar Month – the period from the first to the last day of the same month;
- Program – Senti-Bot’s Affiliate Program that allows you to refer Senti-Bot via a Referral Link;
- Remuneration – a percentage of the value of a purchase made by an Affiliate Customer;
- Senti-Bot Service – access to a decision support tool for automated buying and selling of supported financial instruments and assets in a strategy acceptable to the Client;
- Terms and Conditions – these Terms and Conditions of the Affiliate Program defining the rules of participation in the Program and use of the Program by all persons participating in it;
- WGPR – 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);
- Service – sentistocks.com;
- Program Participant (Affiliate, Partner) – a legal or natural person (also running a business) who is a client of the Organizer and has joined the Program;
- User Panel – an accessible and separate website, available after logging in, at https://sentistocks.com/affiliate-portal/, where the Program Participant can track activity resulting from the use of an individual affiliate link by third parties.
§ 2 Joining the Program
- The Program is open to participation, in addition to legal entities, to individuals who are at least eighteen years of age and have full legal capacity no later than the date of registration for the Program. A person interested in joining the Program and meeting the conditions specified in § 1 above is obliged to read the provisions of the Regulations and accept their content; Participation in the Program and providing personal data by the Participant is completely voluntary, however the Organizer stipulates that providing personal data by the Program Participant is a requirement; Before joining the Program, each Participant is required to complete a registration sheet; Completion of the registration sheet by the Participant is an unequivocal acceptance of the Regulations of the Senti-Bot Affiliate Program.
§ 3 Rights and obligations of the Program Organizer
- Information about the Affiliate Customer’s purchase of the service will be displayed in the User Panel; The Organizer reserves the right to refuse to sell the Senti-Bot service and the right to close the Affiliate Client’s account, if necessary, due to applicable laws or the Organizer’s internal procedures; The Organizer reserves the right to exclude from the Program Participants whose actions are contrary to the law, the Regulations, the rules of social coexistence or good morals, as well as those promoting the Service on inappropriate websites. Inappropriate websites should be understood primarily as those that are dedicated to children, promote pornographic content and violence, are discriminatory in terms of race, gender, religion, nationality, sexual orientation or age, promote legally prohibited activities or violate intellectual property rights; The Organizer remains entitled to suspend and terminate the Program at any time.
§ 4 Rights and obligations of the Program Participant
- The Program Participant is authorized to actively and effectively promote the Site, the Service and the Organizer to maximize his/her own and the Organizer’s profits;
- The Program Participant, while promoting the Site, the Service and the Organizer, is obliged to use only such means that do not violate the applicable law, the good name of the Organizer, the rules of social coexistence, good customs, and such that will positively affect the image of the Site, the Service and the Organizer;
- Participant of the Program has the right to provide Referral Links in any way and to place them in any places on his/her websites or on the websites of companies and third parties with their consent, subject to the conditions specified in the Regulations of the Program;
- Referral Links may not be placed in unsolicited emails (in so-called spam), unauthorized posts or chats;
- The Program Participant shall bear all costs arising from promoting the Service, the Senti-Bot Service and the Organizer to its affiliate customers;
- The Program Participant shall fully cooperate with the Organizer in the use and maintenance of Referral Links and all other means of promotion provided by the Organizer;
- By accepting the Terms and Conditions of the Program, the Program Participant: agrees to use the full URL of the Referral Link or HTML code to post on websites and share with individuals / his/her affiliate clients;
- Agrees to place Referral Links and other promotional materials in appropriate, visible sections on their websites;
- Program Participant shall not modify or remove any part of the code, Referral Link or promotional materials; update Referral Links and any other promotional materials in accordance with changes made by the Organizer.
§ 5 Remuneration
- Program Participant’s remuneration is calculated on a monthly basis;
- The amount of remuneration received for a given Calendar Month by each Program Participant is 15% of the Organizer’s net income derived from the sale of the Senti-Bot Service to affiliate customers referred by the Program Participant. By net income is meant the amount of the fee paid by the referred Customer less 23% VAT;
- The rate of Remuneration or the terms of payment may be changed for a particular Program Participant after individual arrangements with the Organizer;
- Remuneration is credited to the Participant’s account in the currency visible in the user panel.
§ 6 Settlement and Payment of Remuneration
- Settlement of the due Remuneration will be made by the Organizer no more often than once a month (at the end of the month);
- Each Program Participant has the right to settle the Remuneration due to him/her by converting it into the equivalent of a subscription to the Senti-Bot service. This is done by notifying such a desire to the Organizer, taking into account Section 1 § 6. The minimum value of the equivalent is one month of the current net price of the Senti-Bot Service subscription;
- Program Participant who is a natural person not running a business activity can settle the Remuneration due to him/her only by converting it into an equivalent of Senti-Bot Service subscription;
- A Program Participant who conducts business activity or who is a legal entity may, instead of the settlement indicated in Section 2 § 6, alternatively use the settlement in financial form;
- Payment of remuneration in financial form shall be made only and exclusively on the basis of the received invoice issued by the Program Participant, by transfer to the Program Participant’s bank account specified by him/her on the invoice, sent to email@example.com electronically from the Participant’s e-mail address indicated in the registration sheet and User Panel;
- The net Remuneration amount on the invoice must be equal to the net amount of the due Remuneration visible on the last day of the month in the Program Participant’s account – that is, the amount minus 23% VAT;
- Payment of the due Remuneration will be made in the currency in which the Participant’s account is maintained or in PLN according to the average exchange rate of the National Bank of Poland for a given currency published as of the date of the invoice issued by the Program Participant;
- Only a Program Participant who is fully identified and verified, as required by applicable law, is entitled to the payment of Remuneration;
- The Program Participant may have only one account in the Program.
- The rules for the processing of personal data used by the Organizer are specified in these Regulations and in the “WGPR Information Clause”, which is attached to these Regulations and is an integral part of them;
- The Administrator of the personal data of the Program Participants is the Organizer. The Administrator processes Users’ personal data for the purposes for which the data were originally collected. If the original purpose for which the personal data was collected has changed, the Administrator is obliged to inform the User before such further processing, in accordance with Article 13(3) of the Regulation, and if necessary, to collect the User’s consent to the processing of personal data referred to in Article 6(1)(a) of the Regulation;
- The Administrator is obliged to protect the personal data of the Users of the Program and the Service.
§ 8 Confidentiality
- The Participant of the Program may be entrusted with confidential data concerning the Organizer’s business, as well as data of Affiliate Clients acquired by the Participant;
- Confidential data of the Organizer should be understood as any information constituting a business secret of the Organizer, in particular, information of a commercial nature related to the business conducted by the Organizer. Confidential data of the Affiliate Clients acquired by the Program Participant shall be understood as the value of fees collected by the Organizer from these clients, which are the basis for calculating remuneration for the Program Participant;
- The Program Participant agrees to keep the confidential data confidential, i.e. that he/she will not record on any data carriers, duplicate, distribute, transfer, disclose, or make available in any form the confidential data to third parties or entities without obtaining the prior express written consent of the Organizer;
- The Program Participant agrees to use confidential data only for the purpose of undertaking activities related to the implementation of participation in the Program;
- The Program Participant shall store all confidential data in a manner that ensures complete protection against loss, dissemination, unauthorized access, or disclosure to third parties or entities, and in the event of disclosure, dissemination, duplication, unauthorized access, or loss of confidential data, agrees to immediately inform the Organizer;
- By joining this Program, the Program Participant declares that he/she has been informed of the threatened, pursuant to the provisions of the Law of May 10, 2018 on the Protection of Personal Data, of criminal liability and the possibility of imposing fines on the administrator as provided for in Article 83 of the RODO. Notwithstanding the liability provided for in the aforementioned regulations, the Organizer stipulates that violation of the Organizer’s data protection rules may be considered a breach of basic contractual obligations and result in immediate termination of this Affiliate Program;
- The Organizer may charge the Program Participant with a contractual penalty in the amount of PLN 500 (five hundred zlotys) for each case of violation of the obligation to keep confidential data confidential. The total amount of contractual penalties for violation of the obligation to keep confidential data confidential may not exceed the amount of PLN 10,000 (ten thousand zlotys). The penalties accrued by the Organizer shall first be deducted from the Remuneration due to the Participant until the accrued penalties are paid in full or another document is issued by the Organizer charging the Participant;
- The obligation to keep confidential data confidential, as defined in this paragraph, shall be binding on the Program Participant indefinitely, in particular, it shall not expire as a result of the Program Participant’s resignation from the Program, and the Program Participant shall not be released from this obligation, except as expressly provided in the Regulations.
§ 9 Mutual relations of the parties
- The Organizer and the Program Participant are independent entities from each other, and nothing in the Regulations establishes a partnership, franchise, agency or employment relationship between them;
- The Program Participant is in no way authorized to make or accept any proposals, offers or statements of intent on behalf of the Organizer.
§ 10 Warantees
- The Organizer makes no express or implied warranties with respect to the Program; The operation of the Program is entirely via the Internet, so the Program Participant is solely responsible for ensuring uninterrupted and uninterrupted access to the Internet for the purpose of participating in the Program, and the Organizer is not responsible for the consequences of any interruptions in Internet access or errors on the part of the Internet provider;
- The Organizer is not responsible for errors in data transmission, in particular caused by the failure of ICT systems, telecommunication systems, power supply systems, and due to delays in the operation of the external operator providing data transmission;
- The Organizer is not responsible for the lack of access to the Program for reasons beyond the Organizer’s control;
- For security reasons and any other reasons beyond the Organizer’s control, the Organizer has the right to block or temporarily suspend access to the Program for the period of time necessary to remove the existing threats, or irregularities;
- The Organizer undertakes to inform Program Participants of any planned technical interruption preventing access to the Program;
- Subject to restrictions under mandatory provisions of law, the Organizer shall not be liable for damages arising in connection with the Program Participant’s inability to use the Program resulting from malfunctions, errors, deficiencies, interferences, defects, delays in data transmission, computer viruses, failure of the computer system through which the Program operates.
§ 11 Applicable law
- The law applicable to all services provided by the Organizer to the Participants of the Program through the Service is the law of the Republic of Poland;
- Any disputes related to the services provided by the Organizer within the scope of the Program will be settled by the competent common courts;
- A Program Participant who is a consumer has the option to use an out-of-court method of complaint consideration and redress. Information on the access to this mode and procedures for resolving disputes can be found on the EU ODR online platform, available at this internet address.
§ 12 Program Participation Termination
- Any Program Participant may withdraw from the Program at any time;
- To withdraw from the Program, a Participant must send a statement of resignation to the email address: firstname.lastname@example.org;
- The Organizer has the right to deprive a Program Participant of the right to participate in the Program at any time without prior notice if the Participant shows no activity in the Program, i.e., has not acquired any new Client for at least 3 months, by sending a notification to the email address provided in the Service;
- The Organizer is entitled to temporarily suspend a Program Participant’s participation in the event of a justified suspicion of violating legal provisions, the terms of the Regulations, the rights of the Organizer or third parties, social coexistence norms or good manners, until it is clarified whether the violation has actually occurred;
- The Organizer has the right to deprive a Program Participant of the right to participate in the Program without prior notice if the Participant violates legal provisions, social coexistence norms, the good name of the Organizer, or any of the provisions of the Regulations, by sending a notification to the email address provided in the Service;
- Upon resignation from the Program by a Program Participant or deprivation of the right to participate, all rights and privileges granted to the Participant under the Regulations become void, and the Participant is obliged to immediately remove all Referral Links and other promotional materials (banners, etc.) of the Organizer;
- Upon resignation or deprivation of the right to participate, the Participant is only entitled to unpaid Compensation from before the termination of participation, but is not entitled to any Compensation after the termination;
- The Organizer may temporarily withhold payments to ensure that the Participant is paid the due amount or if there are suspicions of fraud;
- If the Organizer allows further activity in the form of purchasing services by Clients referred by a Program Participant whose participation has ceased, this does not imply resumption of participation;
- Termination of participation in the Program does not release the Participant from liability for violations of the Regulations prior to termination;
- In case of a significant breach by a Program Participant of the law, Regulations, or the rights of third parties, social coexistence norms or good manners, the Organizer has the right to deprive the Participant of participation in the Program;
- In case of violation of legal provisions, the deprivation of the right to participate in the Program occurs with immediate effect;
- Subject to clause 12 above, the deprivation of the right to participate in the Program occurs with a 7-day notice period;
- Deprivation of the right to participate in the Program with immediate effect and the expiry of the notice period results in the complete withdrawal of the Participant’s ability to order the payment of Compensation. If there are any unpaid Compensations due to the Participant, to get them paid, the Participant should contact the Organizer’s department via the email address email@example.com within 14 days.
§ 13 Complaint procedure
- If, in the opinion of the Program Participant, the services provided by the Organizer under the Program were not performed in accordance with the provisions of the Regulations, he/she may file objections in the manner specified in this paragraph;
- All objections shall be submitted in the form of a complaint, which may be submitted:
- in written form by sending to the current address of Sentimenti sp. z o.o;
- in electronic form by sending to the e-mail address: firstname.lastname@example.org;
- The complaint should include:
- the name (login) under which the Program Participant appears in the Service;
- reservations and circumstances justifying the complaint;
- the proposed method of resolving the complaint.
- Complaints will be considered in the order of receipt, but no later than within 14 (fourteen) days. If the complaint does not contain the information necessary for its consideration, the Organizer will ask the Program Participant to supplement it to the necessary extent, and the 14 (fourteen) day period will then run from the date of delivery of the supplemented complaint. In justified cases, the Organizer may extend the deadline for consideration of the complaint by an additional 14 (fourteen) days, of which the person filing the complaint will be informed. In the case of services provided by external entities, the complaint processing time may be prolonged by the time expected to process the complaint by the given entity, of which the Program Participant will be informed along with the indication of the data of the entity providing the given service;
- The person filing the complaint will be informed about the manner of processing the complaint in the form in which it was filed;
- The Program Participant has the right to appeal the decision made by the Organizer under the complaint in writing, to the Organizer’s registered office address or via e-mail to: email@example.com. The provisions of paragraphs 2, 3 and 4 of this § shall apply to the appeal accordingly.
§ 14 Amendments to the Regulations
- The Organizer shall be entitled to amend the Terms and Conditions at any time and such amendment shall take effect on the date specified by the Organizer, provided that the effective date of the amendments shall not be less than 7 days from the time the amended Terms and Conditions are made available to Program Participants;
- Each Program Participant will be informed of the change in the Terms and Conditions by e-mail, sent to the e-mail address indicated by him/her on the Site;
- Failure to accept the changes to the Rules and Regulations is tantamount to termination of participation in the Program;
- In case of non-acceptance of the changes to the Terms and Conditions, the Program Participant, in order to terminate his/her participation in the Program, should immediately notify the Organizer, in writing or via e-mail to: firstname.lastname@example.org, before the expiration of 7 days from the date of receipt of the e-mail with information about the change of the Regulations; Failure to give the notice referred to in item. 4 above, within the indicated period, means that the Program Participant accepts the changes made;
- Any matters not regulated in these Regulations shall be governed by the generally applicable laws of the Republic of Poland.