Terms of Use | Kampanya+

1. Parties

These Terms of Use (“Terms”) are entered into between Prongine Technologies Ltd (“Company”, “we”), a limited company registered in the United Kingdom (Companies House), and the natural or legal person using the Kampanya+ platform (“Service”) (“User”, “you”). By using the Service, you are deemed to have accepted these Terms. The country of establishment of the business or billing address declared by the User at registration shall be determinative for the purposes of the governing law and jurisdiction provisions of these Terms (see §14).

2. Description of the Service

Kampanya+ is a SaaS (Software as a Service) solution providing interactive campaign/flyer design, planning and publishing services for supermarkets and retailers in the European market. The Service is provided via the web (app.kampanyaplus.com) and a Windows desktop application.

3. Account, Eligibility and Authorisation

The Service is intended for businesses and professional use (B2B); it is not designed for personal or household consumption.
By creating an account and/or purchasing a paid subscription, you are deemed to have represented that you use the Service in the course of your trade or profession. The User is responsible for the consequences of any registration or payment made in the capacity of a consumer contrary to this representation; the Company provides the Service in reliance on this representation.
To create an account you must be at least 18 years of age; if you act on behalf of a business, you must be authorised to represent that business.
You must create an account in order to use the Service.
You are responsible for ensuring that your account information is accurate, current and complete. This obligation covers all information you declare to the Service, including your billing and tax details (business name, address, tax/VAT number, etc.).
You are responsible for the security of your account (password, sessions); in the event of suspicious access, you must notify us immediately at [email protected].

4. Subscription and Payment

4.1 Plans and Per-Store Pricing

The free plan gives you access to limited features; a paid Professional subscription is required for advanced features.
The Professional subscription is charged per store; the User may upgrade any store on their account to the Professional plan. Current plan scopes and prices are published on the pricing page and within the application.
A User may hold no more than 1 (one) active free store at any time. Even if the free store has been deleted, a new free store cannot be created until 30 days have elapsed from the creation date of the most recent free store.
A store that has been upgraded to the Professional plan cannot be downgraded back to the free plan.
A store upgrade takes effect immediately upon payment; cancellation of a paid store subscription takes effect at the end of the current billing period, and Professional features remain available until the end of that period.

4.2 Payment, Renewal and Cancellation

Payments are processed through Stripe; the Company does not store your card details.
Unless cancelled, your subscription renews automatically at the end of the relevant period and the fee for the period is charged to your registered payment method.
You may cancel before the renewal date; after cancellation, your access to the Service continues for the remainder of the period and no charge is made for the following period.
In the ordinary course of use, you can create, upgrade, downgrade and cancel subscriptions directly within the application; you do not need to be redirected to the Stripe portal for these operations. The sole exception is where the account is terminated or suspended for abuse (see §11.2).

4.3 Refunds

The Service is a digitally delivered subscription service; access to the Service for the relevant billing period begins immediately upon receipt of payment.
Subscription fees that have been collected are non-refundable, save where required by mandatory law. Where a cancellation is made during a period, no partial or pro-rata refund is made for unused time; instead, your access to the Service continues uninterrupted until the end of the paid period.
Fees collected are likewise non-refundable where the account is terminated or suspended under §11 (for abuse).

4.4 Failed Payments

If the renewal fee cannot be collected from your registered payment method, the payment provider automatically retries collection. If all retries fail, the Professional subscription of the relevant store is cancelled and Professional features cease. The User is responsible for keeping their payment method valid and usable.

4.5 Taxes and Billing Information

Unless expressly stated otherwise, published prices are base prices exclusive of taxes. Applicable VAT and similar taxes are calculated at checkout by Stripe Tax based on the billing country, billing details and any declared tax/VAT number, and the final amount is displayed on the payment screen.
The User is responsible for ensuring that any declared tax/VAT number is accurate, valid and belongs to you (or the business you represent). Declared numbers may be verified against the relevant official registers (for example VIES for the EU, HMRC for the United Kingdom). All consequences arising from inaccurate or misleading tax declarations are borne by the User.
The reverse charge mechanism may apply to eligible cross-border B2B transactions.
You can access your invoices within the application (Account → Payments & Invoices) and download them as PDF.

4.6 Price Changes

The Company reserves the right to change plan prices and scopes. Price changes affecting existing subscriptions will be notified a reasonable time in advance and will take effect no earlier than the next renewal period. If you do not wish to accept the new price, you may cancel your subscription before the renewal date.

5. Acceptable Use

Users using the Service on any subscription plan, paid or free, agree to use the system only for its intended purpose. The following conduct is strictly prohibited:

Producing content that is unlawful or infringes the rights of third parties.
Collecting, copying or extracting product data, images or any content from the system without authorisation using automated tools (bots, scrapers, crawlers, etc.).
Using the Service by means of reverse engineering, or outside its normal intended use in a manner that exploits the technical infrastructure.
Developing or using third-party applications or scripts that facilitate such activities.
Examining, copying or using the Service, directly or indirectly, for the purpose of developing a competing product or service, benchmarking, or building a similar system.
Abusing the free plan by opening multiple or fake accounts, circumventing plan limits, or using the Service for commercial-scale analysis or copying.
Sending requests at a volume that damages the Service infrastructure.
Uploading images, trade marks or product information that infringe another person’s intellectual property rights.

If our systems detect such conduct, the Company reserves the right to suspend or close the relevant account indefinitely without prior notice (see §11.1). This decision is at the Company’s sole discretion; the User may nonetheless lodge an appeal via [email protected], but the Company is under no obligation to accept the appeal or reverse its decision.

6. Intellectual Property

The software, interface, ready-made catalogue and trade marks of the Service belong to the Company.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable and non-sublicensable right of use, for the duration of your subscription, to access the Service (including the web application and the Windows desktop application) and to use the Service for its intended purpose. This right does not constitute a sale or transfer to you of the software or of any intellectual property right.
The ready-made product database provided in the Service (predefined product records together with their images and information) belongs to the Company and may be used only within the Service for the purpose of creating campaigns/flyers. Bulk downloading, extraction, copying, distribution to third parties, resale of this data, or its use as a separate catalogue or data set, is prohibited (see §5).
Content you upload (your own product images, brand logos) belongs to you; you represent that you hold the right to publish that content.
All rights in the designs you produce using the Service belong to you.

7. Confidentiality

Your non-public commercial information uploaded to the Service, such as campaign content, pricing information and product data, is treated as confidential information. The Company uses this information solely to provide and improve the Service and does not share it with third parties except where required by law.
You likewise agree not to share the Company’s confidential information, such as non-public features of the Service, documentation or price quotations specific to you, with third parties without the Company’s written consent.
The processing of personal data is governed by our Privacy Policy; this clause does not replace personal data protection but supplements it.

8. Service Level and Availability

We use reasonable efforts to keep the Service running without interruption; however, short-term outages may occur due to maintenance, third-party infrastructure (Stripe, etc.) or force majeure. The Company cannot be held liable for such outages.

Early access / beta features offered from time to time (including “early access to new features” under the Professional plan) are provided for trial purposes and “as is”; these features may be modified or removed with or without prior notice, and no separate warranty is given for them.

9. Limitation of Liability

The Service is provided “as is” and “as available”. The Company makes no express or implied commitment that the Service will operate without interruption or error, be fit for a particular purpose, or guarantee any particular result.

Use of the Service is based entirely on the User’s own informed decisions. The User accepts that responsibility for using the Service, for publishing or distributing the campaign/flyer content produced through the Service, and for business decisions taken in reliance on that content, rests entirely with the User. Kampanya+ is a design tool; the accuracy and legal compliance of the content produced, the currency of pricing information, and their effect on business outcomes are the User’s responsibility.

To the maximum extent permitted by law:

The Company shall not be liable for any indirect or consequential loss, including but not limited to indirect damages, loss of profit, loss of revenue, loss of business, loss of reputation, loss of data, data corruption or loss of anticipated savings.
The Company’s total liability for direct damages (if any) shall in no event exceed the total subscription fees actually paid by the User to the Company in the 1 (one) month period preceding the date of the relevant event. In respect of free plan users, the Company’s financial liability is excluded in its entirety.
This clause does not affect liability for the Company’s wilful misconduct or any liability that cannot lawfully be excluded (if any).

By registering for and using the Service, the User expressly accepts this limitation of liability; persons who do not accept this clause may not use the Service.

10. Indemnification

You agree to defend the Company against, and to indemnify the Company for losses suffered in connection with, third-party claims, actions, damages, administrative fines and reasonable legal fees arising from content you upload (images, brands, logos, product information, etc.) infringing the intellectual property rights or other rights of third parties, or from your use of the Service in breach of these Terms.

11. Account Termination

Accounts that breach these Terms may be suspended with a warning or directly.
You may delete your account at any time; following deletion, your data will be erased within a reasonable period (subject to the retention periods set out in our Privacy Policy).
Before deleting your account, you are advised to back up your content (campaign outputs, your own product images, etc.) using the Service’s existing download/export features; after the account is deleted, the data can no longer be accessed.

11.1 Termination for Abuse

Where the prohibited conduct listed in §5 is detected, the Company reserves the right to suspend or close the relevant account indefinitely without prior notice. This decision is at the Company’s sole discretion; an appeal may be submitted to [email protected] as set out in §5.

11.2 Subscription Handling After Account Termination

Where an account is suspended or closed for abuse, an e-mail notifying the User of this is sent. If the User has an active paid subscription, this e-mail also includes a link to the Stripe customer management portal. The Company does not itself cancel the User’s subscription as part of the account termination process; the User is responsible for terminating any remaining subscription arrangements via this link.

This exception is limited solely to the account termination/suspension scenario. In the ordinary course of use, Users can create, upgrade, downgrade and cancel subscriptions directly within the application and do not need to be redirected to the Stripe portal for these operations (see §4).

12. Changes

We reserve the right to amend these Terms. We will notify material changes in advance by e-mail. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

13. General Provisions

Assignment: You may not assign your account or your rights and obligations under these Terms to third parties without the Company’s prior written consent. The Company may assign these Terms in the context of a merger, acquisition or transfer of the business.
Language: These Terms may be published in multiple languages. In the event of any conflict between language versions, the English text prevails.
Severability: If any provision of these Terms is held invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy referred to herein, constitute the entire agreement between the parties concerning the use of the Service. If a separately signed written agreement exists between the parties, the provisions of that agreement take precedence.
No Waiver: The Company’s failure to exercise, or delay in exercising, any right arising under these Terms shall not constitute a waiver of that right.

14. Dispute Resolution and Governing Law

14.1 General Rule

Subject to the exception set out in §14.2 below, disputes arising out of these Terms are governed by the laws of England and Wales (English law); the courts of London shall have exclusive jurisdiction. If you are acting as a consumer, your statutory protection rights in your country of residence remain unaffected (mandatory consumer rights).

14.2 Special Provision for Users Established in Turkey

For Users whose country of residence or registration of the business or person, as declared at registration for the Service and used for billing purposes, is the Republic of Turkey, all disputes arising out of or in connection with these Terms shall be finally resolved by arbitration before the Istanbul Arbitration Centre (ISTAC) in accordance with the ISTAC Fast Track Arbitration Rules. The language of the arbitration shall be Turkish. The seat of arbitration shall be Istanbul, Turkey. The merits of the dispute shall be governed by Turkish law. The dispute shall be resolved by a sole arbitrator appointed by the ISTAC Board. The parties may, where necessary, request interim measures under the ISTAC Emergency Arbitrator Rules.

The fact that the User has created store(s) directed at more than one country through the Service, or that those stores serve different country markets, does not affect the application of this clause; the determining factor is the User’s registered country of residence or business establishment.

15. Contact

For questions: [email protected]