Terms & Conditions

General provisions

TeamStormer is a brand that belongs to Rokanan Sp. z o.o.

Rokanan Sp. z o.o. (Polish limited liability company) incorporated under the laws of the Republic of Poland, with its registered office at Bolesława Chrobrego 37/158, 40-881 Katowice , Poland, entered in the National Court Register under number (KRS) 0000716230, Tax Identity Number: 0000716230, share capital of 5.000 PLN (“Rokanan”, “we”, “us”) is the service provider of the TeamStormer Service (“Service”). These Terms of Service set the rules for the use of the Service by our Customers. By filling in the form and clicking ‘pay’ button you (“you” or the “Customer”) accept these Terms of Service and undertake to use the Service in compliance with the provisions of this document. You should retain a copy of these Terms of Service for your records as upon your subscription they constitute a legal agreement between you and Rokanan. If you do not agree with any of the provisions of this document, you may not subscribe to and use the Service. We reserve the right to reject your subscription for any or no reason as long as it is not an unlawful reason.

Service

General

Under the Service we provide you with:

  • an access to a web-based platform in SaaS (Software-as-a-Service) model with tools for organizing and running brain writing sessions; inviting participants to those sessions via email, evaluating results of those sessions, storing them and reporting.
  • an ability to administer and modify your sessions as a creator, running number of sessions in accordance with your purchased plan
  • an ability to invite guests to brain writing sessions as per the purchased plan
  • Customer Service
The detailed scope of Service features available to you under your Subscription Plan is provided in the TeamStormer Pricing.

Account

There are three types of accounts:

  1. Admin accounts - In order to use the Service and manage your sessions you must create an account in the TeamStormer platform (“Admin Account”) and choose and manage a pricing plan.
  2. Meeting Owner account – company administrator may select a plan where more brainstorming session creators are available. In this case, he/she invites Project Creators via the admin panel to create accounts within the limit of the selected pricing plan.
    Admin Account and Meeting Owenr may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account.
  3. Project Participants – Project Creators can invited number of people (defined by the selected plan) to participate in the session. Participants can attend the project without creating accounts in the system.

Free trial

Rokanan offers a 14-day free trial version of the Service (" Two Weeks Free Trial"). Within the 14-Day Free Trial you may use Personal plan. You may create only one Free Trial Admin Account. You may upgrade the 14-Day Free Trial to a paid version at any point. However accounts which have not been upgraded to a paid version within the trial period, will be disabled.

Upgrade

You may upgrade the 14-Day Free Trial to a paid version at any point. You can also upgrade to a paid version after the trial period ended – your account will re-activated.

Beta versions

From time to time Rokanan may offer a beta-test version of new features. This allows our users to try new solutions we came up with and help us better understand your needs and develop TeamStormer Service accordingly. If you decide to use a feature available in beta-test version, you agree that:

The feature is only available for a limited period of time and can be deactivated at any time and at our sole discretion.

The feature is available only to the limited extent and may be modified at any time and at our sole discretion.

Rokanan does not warrant that feature made available in beta-test version will be included in the Service and we may resign from further development of any feature at any time and at our sole discretion.

You are solely responsible for consequences of using the beta-test version, in particular but not limited for impact it may have on settings of your Account, set or planned sessions, collected data and other information, etc. Please remember that once we deactivate the beta-test version of the feature, certain processes that took place with respect to your Account, set or planned sessions collected data and other information cannot be reversed, and Rokanan shall bear no responsibility for consequences resulting therefrom.

Upon the end of beta-test version period, the feature may be available for our users for a separate fee (e.g. as a paid add-on), or as a component of particular pricing options only, in which case the user interested in the feature needs to upgrade his Account to the more advanced pricing option.

Technical requirements

We assure that the Service will operate with the latest official version of Internet Explorer, Mozilla Firefox, Google Chrome and Safari web browsers. In order to use the Service it is necessary that you have a device that allows you access to the Internet, have an email and a website browser installed and with "cookies" and JavaScript enabled.

Use of the Service

Upon successful registration you subscribe to the Service and agree to:

  • observe these Terms of Service and their amended versions and any other policy developed, published and formulated by Rokanan in connection with the Service;
  • maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
  • keep the secrecy of login credentials provided to you;
  • receive commercial information about the products and services of Rokanan.

Payments

You are obliged to pay in due time all fees for the use of the Service according to the pricing option you have chosen. We offer a monthly subscription. The current pricing offer is available at: www.teamstormer.com

You pay for the Service using a bank transfer based on the invoices we will issue within 30 days after the end of each billing cycle. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days, a year has 360 days.

You can agree for the recurring payment, under which your account will be renewed at the end of each cycle and the subscription is invoiced automatically based on the Pricing plan you have chosen. You can cancel recurring payment anytime. You can also choose not to make your payment recurrent and in this case your account will be purchased only for 30 days and locked until you select a new plan.

We reserve the right to change the fees for the Service and add-ons at any time by posting a new pricelist to TeamStormer Pricing. The new pricelist applies to all new Accounts and upgrades. All fees are exclusive of taxes. Where appropriate, value added tax (VAT) or goods and services tax (GST) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT or GST purposes in your country. At our request, you will provide us with the VAT or GST registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding. Any bank transfers cost related to paying subscription fees are covered by the user.

Prohibited practices, content and industries

You are not allowed to use the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international laws, good industry practice, these Terms of Service and our Anti-Spam Policy or any copyright or other right of a third party. This rule applies also to the Content used within the Service. To see what practices we regard as particularly abusive or illegal, please click here.

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by Rokanan. You may not take any action that imposes unreasonable or disproportionately large load on the website network or other our service infrastructure.

We do not pre-screen or control Customer’s activity related to the use of the Service. However, we reserve the right (irrespective of other rights under these Terms of Service) to refuse, remove or delete any Content (as defined in clause below), suspend any ongoing sessions, suspend access to the Service or its part, with or without notice, at our sole discretion and subject to mandatory provisions of law, if we receive any information or have reasonable suspicion that Customer’s or Participant’s activity or the Content violates any provision of the law, our policies, these Terms of Service, third party’s rights or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.

Fair Usage Policy

Proper use of our Service gives good value and performance to our customers. However, it is necessary that you follow this minimal set of usage parameters so that Service is uniformly good for all.

You can be affected by these rules only if you use certain features on the Service excessively to the extent that such usage overloads our system and detrimentally affects other customers of the Service.

Should our Compliance Team determine this, we will contact you immediately to let you know that you use the Service or part thereof in an excessive manner and give you a simple advice on how to reduce your usage.

If you do not follow our advice and your usage of the Service is still excessive, we reserve the right to suspend or terminate the Service in whole or in part. Each case will be decided individually and at our sole discretion.

You accept that any measures applied by us under these rules do not entitle you to any refund for the remainder of your subscription period.

Content

All and any information, data, texts, graphics, logos, video, music or other materials that you upload, send, or otherwise make available using the Service, in particular during brain writing sessions are your sole responsibility. This includes also any links to other websites or resources or other third party services that you use. We do not claim ownership of the Content and you retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources.

You are entitled to use materials that we render available to you solely to use the Service for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them. If you do not satisfy our demand we will be entitled to delete such materials at our sole discretion, with no liability on our side. In aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.

You acknowledge and accept that we may preserve the Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content or the activity of your landing page visitor or Participants violates the law or the third party’s rights.

Customer Service

We provide Customer Service via Email. When requesting customer service or submitting complaint, you should provide at least your account name - we do not reply or take any action based on "anonymous" support requests. Customer Service contact details are available at www.teamstormer.com and directly in the Service under “Contact us”. Most customer service enquiries are responded within 48 hours on business days. You have the right to be advised about the processing status of your support request or complaint.
Under certain subscription plans we offer assistance of our Account Managers.

Cancellation

You may cancel your Account at any time.

In order to cancel your Admin Account, please contact us via the contact form in the application. Please note that if you cancel your Account, your subscription will be terminated with immediate effect.

In order to cancel Meeting Owner account, please contact your company’s Admin (the owner of the subscription) – the person who has invited you to join the Service.

Termination

We reserve the right to terminate or suspend the Service with immediate effect and refuse any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service. To see what activities we particularly regard as violating our Terms of Service, please see Prohibited practices, content and industries section.

Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Service are non-refundable.

We reserve the right to terminate the Customer’s subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect.

Termination, suspension as well as downgrade of the Service or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, etc. Please remember that once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned sessions, collected data and other information, cannot be reversed, and Rokanan shall bear no responsibility for consequences resulting therefrom.

Refund policy

14-Day Free Trial: this version of our Service is free and requires no billing details. This gives you a zero-risk way to try our Service for 14 days. If you decide to upgrade at any time during the Free Trial, the free trial ends and your Account is upgraded to a Paid Account.

Paid Account: When you purchase a Paid Account or upgrade from a 14-Day Free Trial to a Paid Account, the Rokanan will charge you for the first billing period.

Cancellation/Termination: if you cancel your Account or if we terminate the Service for cause as specified in Section 10 of these Terms of Service, no further amounts will be charged. However, you are responsible for any amounts already charged.

Refunds: our Service is a pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel your Account immediately after a new billing period started. For example, if we start a cycle on August 10th, and you cancel your Account on August 15th, you are still responsible for paying for the entire month. No subsequent charges are applied, but the amounts already charged are not refunded.

Copyright and Trademarks

The Service, Teamstormer software, as well as the content included on the Teamstormer.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Rokanan or our partner – EMINUS Knowledge Management Sp. z o.o. Dajwór 14, 31-052 Kraków, and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.

Teamstormer is a trademark of Rokanan. The trademarks may not be used in conjunction with other entities' products or services in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Rokanan, its products and/or services.

Service accessibility

We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the https://www.teamstormer.com website, at any time without prior notice.

Disclaimer of Warranties. Limitation of Liability

You acknowledge that Rokanan provides the Service and the website on “AS IS” basis without warranties of any kind, either express or implied. Particularly, Rokanan disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose.

You are solely responsible for your use of the Service and our websites, particularly for all and any Content which you send through the Rokanan platform. It is your sole duty and responsibility to backup all your files and data stored on our servers and under no circumstances will we be liable for any loss or damage due to loss of your files and/or data stored on our servers.

Rokanan is not responsible for:

  • actions and omissions of third parties (including Account users and Participants), especially using the Account by a third party taking the advantage of login details obtained from you or in other circumstances beyond Rokanan's reasonable control;
  • failure of external conditions and networks which are necessary to use the Service and are beyond Rokanan's reasonable control;
  • problems of any kind with features used within test versions, in particular but not limited to beta-test versions;
  • insufficient or fluctuations of the bandwidth used by Customer or Participant which may affect Content quality.

To the maximum extent permitted by law, Rokanan, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if Rokanan has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. Rokanan's entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Customer for the Service in one month immediately preceding the date the Customer notifies Rokanan of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by Rokanan to the Customer. The Customer hereby releases Rokanan, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.

Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. By Force Majeure the Parties understand an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service, and whose activity is independent of the Parties.

You agree to indemnify and hold Rokanan, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorney fees basing or arising from (i) your failure (or any individual using your username details) to comply with your obligations under these Terms of Service or (ii) violation of any law, or of the rights of any third party by you, your landing page visitor or Participant, or (iii) your use of the third party services or integration of the Service with the third party services, or (iv) Participant’s Content and activity. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.

Final Provisions

If any provision of these Terms of Service or of any supporting document is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. Rokanan reserves the right to change any of the provision of these Terms of Service as well as any supporting documents at any time by posting the revised document on Rokanan's website and/or by sending an email to the last email address you have given to Rokanan. These Terms of Service and supporting documents shall be effective immediately with respect to any continued or new use of the Service, unless you terminate these Terms of Service within 10 (ten) days. The most current version of these Terms of Service is available at: www.teamstormer.com/legal. Should you wish to assign rights and obligations arising from the agreement to a third party, this may only be possible with our prior consent. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Poland and the court of local jurisdiction of Rokanan shall be the governing jurisdiction.

The Terms of Service in this version are valid from February 1st, 2018.

Copyright © 2018 Rokanan.