Terms and conditions

I. THE OWNER AND SERVICE PROVIDER 

SILGOA Spółka z ograniczoną odpowiedzialnością, with its registered office at Mariacka 37, 40-014 Katowice, Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Katowice-East in Katowice, VIII Commercial Division, under KRS number: 0001070939,
VAT number: 9542863239,
REGON: 527016770.

Contact details:
E-mail: silgoa.stream@silgoastream.com
Phone: +48 577 655 015

II. DEFINITIONS

1. The terms used in these Terms and Conditions shall be defined as follows:
   1. Account – A personalized section of the Service, identified by the User’s login and secured with a password chosen by the User.
   2. Agreement – A license agreement for the products ordered by the User on the SILGOA website.
   3. Audiovisual Work – A specified and published work consisting of a series of related images, with or without sound, intended for reproduction as a phonogram or on another medium, subject to copyright or related rights, made available to the User by SILGOA through the website for use as specified in this Agreement.
   4. Database of Licensed Content – An electronic database created by the Service Provider, containing structured information about Works or collections of Works.
   5. License – A license for the public performance of Works, granting the User the right to use the Works during the term of the Agreement within the scope of exploitation fields specified in these Terms and Conditions.
   6. Musical Work – A specified and published musical composition, with or without lyrics, recorded as a phonogram or on another medium, subject to copyright and related rights.
   7. Products – Music and audiovisual works, constituting digital content or digital services (streaming), made available by the Service Provider under a license granted to the User within the territory of the User’s residence, via the website, or for use in accordance with this Agreement, as recorded in the Order.
   8. Services – The electronic services provided by SILGOA to Users.
   9. User – A business entity purchasing a Product through the Online Service, entering into an Agreement, or using an Electronic Service in accordance with these Terms and Conditions, possessing the legal capacity to engage in transactions within the Online Service.
   10. Service Provider/SILGOA – The owner of the platform, SILGOA Spółka z ograniczoną odpowiedzialnością, with its registered office at Mariacka 37, 40-014 Katowice, Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Katowice-East in Katowice, VIII Commercial Division, under KRS number: 0001070939, VAT number: 9542863239, REGON: 527016770.
       Contact details:
       E-mail: silgoa.stream@silgoastream.com
       Phone: +48 577 655 015

III. GENERAL PROVISIONS

1. These Terms and Conditions specify the general conditions and methods for providing services electronically through the Online Service available at www.silgoastream.com.
2. These Terms apply whenever you use a website owned or operated by us or access our services by any other means. By using our website, you confirm that you accept these Terms and Conditions and agree to comply with them.
3. These Terms and Conditions are always accessible on the www.silgoastream.com website, where you can download, display, and store them by printing or saving them to a data storage device at any time.
4. These Terms may be amended from time to time. Any amendments or new terms will be made available on our website.
5. You are responsible for securing Internet access and a compatible, internet-connected device to purchase our products. The quality of your viewing experience depends on various factors, including your device and the quality of your Internet connection. The Online Service can be accessed if the User’s IT equipment meets the following minimum technical requirements: a computer or mobile device with Internet access, email access, a web browser (Firefox, Chrome, Safari, Internet Explorer, Opera) with cookies and JavaScript enabled.
6. The Service Provider advises that the public nature of the Internet and the use of electronic services may involve the risk of unauthorized persons obtaining and modifying Users’ data; therefore, Users should use appropriate technical measures to mitigate these risks, such as antivirus software.
7. The User acknowledges that 100% availability of the Services is not technically feasible. However, we will make every effort to ensure that the website and services are available as continuously as possible.
8. The Service Provider makes no warranties or representations of any kind, whether express, statutory, or implied, regarding the availability of telecommunication services from third-party providers or access to the services at any specific time or from any particular location, or for any loss or damage connected with the use of the services.
9. SILGOA does not guarantee that the Services or content are appropriate or available for use in all jurisdictions or countries. You are responsible for complying with all applicable laws related to your use and access to the services in your jurisdiction.
10. The Service Provider ensures that it has all the rights and authority necessary to enter into and perform this Agreement.
11. SILGOA declares that it is not an organization for the collective management of copyright or related rights (including an accredited entity) and conducts its business activities based on agreements with copyright or related rights holders.
12. In using our Service, you agree not to:

1. Reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the SILGOA source code.
2. Attempt to circumvent any technical measures (including digital rights management) that we may employ.
3. Take any actions that interfere with or damage our Service.
4. Use our Service to transmit any tortious, unlawful, infringing, or otherwise objectionable content.
5. Engage in any fraudulent, deceptive, or misleading practices.
6. Engage in any commercial activities not expressly permitted by us.
7. Engage in any illegal activities.

IV. ACCOUNT REGISTRATION

1. By choosing to register, you agree to provide and maintain accurate, current, and complete information about yourself. Your registration data and personal information are governed by our Privacy Policy.
2. Personal data is processed for the purpose of creating an account for Users. To create an account, the Service Provider requires the following information: full name, company details, email address, phone number, company tax identification number, KRS registration number, business address, and the actual address where the service is used.
3. Once logged in to their User Account, the User can change their password and update or edit other information.
4. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. Please notify SILGOA immediately of any unauthorized use of your password or account or any other breach of security.
5. You may terminate this Agreement at any time by deleting your account. We reserve the right to terminate or restrict access to your account for any reason, including breaches of this Agreement.

V. PLACING AN ORDER

1. The Service Provider allows Users to place Orders through the Online Service 24/7.
2. Information about the Products provided on the Service websites, including prices, constitutes an invitation to enter into an Agreement.
3. Orders may be placed by Internet users who have correctly completed the registration form.
4. We offer a trial version of our services for one month.
5. Services are subscribed to on a period basis (1/3/6/12 months). The User selects the service period and the payment method (either for the chosen period in advance or on a monthly basis).
6. Where technologically feasible and depending on the selected payment method, payments will be set as recurring. This means that your chosen payment method will be charged at the beginning of each service period, automatically renewing for the same duration as the previous service period, unless you choose to cancel your subscription for the Services.
7. To place an Order, an active email account is required. If an Order is placed via the Order form available on the Online Service website, the User submits the Order electronically to the Service Provider, which constitutes an offer to enter into an Agreement. The User’s offer becomes binding when the Service Provider sends a confirmation of Order acceptance to the email address provided by the User. This confirmation, in the form of the Service Provider’s declaration of acceptance of the User’s offer, completes the Agreement upon receipt by the User.
8. The Agreement may be concluded in either English or Polish.
9. SILGOA will begin processing the Order once the Order has been successfully placed and payment for the Order has been received.
10. Upon payment for the Service, the User may access the Products via the website through streaming.

VI. PRICES / PAYMENTS

1. The prices for Products are listed in EUR and may be subject to applicable taxes, including VAT (Value-Added Tax).
2. We may adjust the price of our Services from time to time and introduce new fees or charges for specific features, or in response to changes in business or legal regulations. However, we will provide you with prior notice of any changes to recurring fees.
3. If you purchase any Products through our Service, you will be required to provide valid credit or debit card information. You represent and warrant that the information provided is accurate, and that you are authorized to use the payment method.
4. The payment processor for transactions is Elavon – Elavon Financial Services Designated Activity Company (Spółka z Ograniczoną Odpowiedzialnością o Designated Object of Activity), Branch in Poland, with its registered office at Puławska 17, 02-515 Warsaw, Poland, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division, under KRS number 287836, REGON number 300649197, NIP 2090000825, with a share capital of EUR 6,400,001. Elavon Financial Services DAC operates under the name Elavon Merchant Services and is regulated by the Central Bank of Ireland.
5. Before completing any payment, the User will be informed of the total payment amount, available payment methods, and the payment processor’s details if applicable. Detailed terms and conditions for processing payments through electronic payment operators are available on the operator’s website.
6. When making a payment via an electronic payment operator, the User must follow the instructions provided by the payment operator.
7. The User agrees that purchase documents (including VAT invoices) for their order will be sent electronically.

VII. PRODUCT LICENSE

1. Subject to the terms and conditions set forth in this Agreement, SILGOA grants the User
   1. A non-exclusive license to use the Licensed Content Database.
   2. A non-exclusive license to publicly perform the Musical Works and Audiovisual Works at the locations specified in the Order (“Facilities”).

2. The User agrees to pay SILGOA the remuneration as stipulated in this Agreement.
3. The right to use the Products and publicly perform the Works is granted to the User upon SILGOA’s receipt of the agreed payment under the Order. This right is valid for the period specified in the license and limited to the Facilities (one license per location) listed in the Order. Personal data is processed for the purpose of obtaining a certificate confirming the license for public performance of music without incurring collective management organization (OZZ) fees.
4. Each User will receive a certificate confirming the License and location for public performance of music for the duration specified in the License.
5. There is no limit on the number of devices that can be used at the licensed premises, meaning the User may play music on any device they own, such as smartphones, tablets, desktops, or laptops.
6. The remuneration specified in the Order is fixed and does not depend on the number of public performances of the Works. The amount remains unchanged during the invoiced period.
7. If the license is not renewed for the specified period, this Agreement will expire, and the User will no longer have the right to publicly perform the music.
8. The User agrees not to infringe SILGOA’s intellectual property rights as governed by applicable copyright and related rights laws and will take all reasonable measures to prevent third-party infringement of these rights.
9. The User agrees to publicly perform the Works without making any alterations to them.
10. This Agreement does not apply to:
    1. intangible copyrights,
    2. intangible related rights,
    3. Works not listed in the current Catalogue,
    4. any use of the Works or Licensed Content Database outside the scope specified in this Agreement.

11. SILGOA reserves the right to unilaterally modify the music works and audiovisual works made available to the User.
12. SILGOA also reserves the right to unilaterally amend the terms of this Agreement with respect to time-based licenses for future periods. In the event of any changes to the terms and conditions of this Agreement, including license fees, SILGOA will notify the User via the email address provided. Such changes or amendments (e.g., annexes) will form an integral part of this Agreement.

VIII. RETURNS POLICY

1. The Service Provider offers services exclusively to entrepreneurs under a B2B model.
2. If the User does not utilize the service during the paid subscription period, they are not entitled to a refund of the fee.
3. The User has the right to cancel their subscription at any time. However, cancellation does not result in a refund for the already paid period, and access to the service will remain active until the end of the current subscription cycle.
4. In exceptional cases, refunds may be considered on a case-by-case basis, subject to the submission of documentation proving technical issues that prevented the use of the service and were not resolved within a reasonable timeframe by the technical support team.

IX. COMPLAINTS

1. We have a clearly defined complaints procedure in place and will handle complaints in accordance with this procedure.
2. Complaints arising from a breach of the User’s rights, whether guaranteed by law or under these Terms and Conditions, should be submitted via email to: silgoa.stream@silgoastream.com.
3. We commit to processing each complaint within 14 days. If the complaint is incomplete or contains deficiencies, the Service Provider will request the User to provide the necessary additional information without delay, but no later than within 7 days from the date the User receives the request.

X. PRIVACY

1. Personal data in the Online Service is processed by the Data Controller in accordance with applicable legal regulations, in particular the 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, repealing Directive 95/46/EC (General Data Protection Regulation, GDPR).
2. Further details regarding the protection of personal data are outlined in our Privacy Policy.

XI. DISCLAIMERS

1. Your use of our services is at your own risk.
2. Except as required by applicable law, no warranties of any kind are provided, either express or implied.
3. SILGOA makes no representations, warranties, or guarantees regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Services. SILGOA does not warrant or represent that: (a) the use of the Services will be secure, timely, uninterrupted, or error-free, or will operate in combination with any other hardware, software, system, or data; (b) the Services will meet your requirements or expectations; (c) errors or defects will be corrected; or (d) the Services will be free from viruses or other harmful components.

XII. FORCE MAJEURE 

1. Neither Party shall be held liable for the non-performance of any of its obligations due to a force majeure event, including but not limited to epidemics, floods, fires, storms, shortages of raw materials, transportation strikes, partial or total strikes, lockouts, or other unforeseen events beyond the Parties’ reasonable control. The Party affected by such an event must promptly notify the other Party, no later than five (5) business days after the occurrence of the event.
2. Both Parties agree to cooperate in good faith to determine how best to fulfill the obligations under this Agreement while the force majeure event persists.

XIII. FINAL PROVISIONS

1. These Terms and Conditions are governed by the laws of the Republic of Poland, without regard to its conflict of law provisions.
2. Any matters not addressed in these Terms and Conditions shall be governed by Polish law and applicable EU law.
3. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable part shall be deemed severable from these Terms. This determination shall not affect the validity or enforceability of the remaining provisions.