Document
Terms of Service
These Terms govern the prospect-finder service — researching and delivering commercial information about business entities (B2B leads).
The service is intended solely for businesses and is provided in direct connection with the Client's business activity. It is not addressed to consumers.
This is an informative translation. The Polish version is authoritative — see § 14(3).
§ 1. Provider
- The service is provided by Media Jet Sp. z o.o., seated in Warszawa, Stacja Metra Rondo ONZ lok. 1014, 00-124 Warszawa, Poland, entered in the National Court Register by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000257699, share capital 50 000 PLN, VAT ID (NIP) 1132612427, REGON 140557671 (the “Provider”).
- Contact: kontakt@ornat.pl, tel. +48 513 430 323.
§ 2. Definitions
- Client — a business using the Service under these Terms.
- Profile — the set of search criteria built from the Client's survey: product categories, competing brands, countries, languages, entity types, exclusions and quality threshold.
- Run — a single execution of the search for one Profile, bounded by a limit and a budget.
- Lead — a record describing a business entity, delivered to the Client as the result of a Run.
- Billable Lead — a Lead meeting all conditions in § 5.
- Wallet — the register of the Client's prepaid funds, from which fees for Billable Leads are drawn.
- Daily limit — the maximum number of Billable Leads the Provider may deliver to the Client within 24 hours; set by the Client.
- Client's exclusion list — the list of entities the Client does not wish to receive (current customers, previously rejected entities and the like).
§ 3. Subject and nature of the Service
- The Service consists in researching publicly available sources for entities matching the Client's Profile, verifying those entities and delivering commercial information about them to the Client.
- The Provider never contacts the entities it finds, in any way. It sends them no messages, fills in no contact forms, makes no phone calls, creates no accounts and subscribes to no newsletters. Contacting a found entity is solely the Client's action.
- The Provider undertakes to deliver accuracy of research within the meaning of § 5. It undertakes no commercial result on the Client's side. The Provider does not guarantee that a found entity will reply, enter into cooperation or purchase anything.
- The Service is continuous and performed in Runs, for as long as the Client's Wallet holds funds sufficient to start them.
§ 4. Conclusion of the agreement, account and Profile
- The agreement is concluded upon creating an account and accepting these Terms.
- Completing the business profile survey is a precondition for starting the Service. Without a complete survey the Provider cannot determine what constitutes a Billable Lead and does not start Runs.
- The Client is responsible for the accuracy and currency of the data given in the survey, including the list of competing brands and the Client's exclusion list.
- The Client selects the settlement currency (EUR, USD or PLN) when opening the account. The currency is attached to the Wallet and cannot be changed during the agreement.
§ 5. Billable Lead — cumulative conditions
- A record is a Billable Lead if and only if it meets all of the
following:
- the entity exists and is identified — it has a name and a working domain (HTTP 200 at the time of recording) or an entry in an official register with an identification number;
- it matches the Profile — country, entity type and category agree with the survey, and the entity falls under none of the Client's declared exclusions;
- it has at least one recorded URL together with the date it was read, at which, at the time of reading, the circumstance justifying the entity's qualification to the Profile was visible;
- it has at least one contact channel — an email address, a contact form URL or a phone number — as chosen by the Client in the survey;
- it is not a duplicate of a Lead previously delivered to that Client and is not on the Client's exclusion list;
- it is not on the global contact exclusion list referred to in § 10(5).
- A record failing any condition in paragraph 1 does not charge the Wallet. The Provider may still record it in the Client's database as rejected, with the reason.
- The Provider does not fill record fields with unverified values. A missing email address is marked as missing together with the reason; it is never replaced with a presumed address.
§ 6. Prices, Wallet and payments
- Prices per Billable Lead are public, uniform for all Clients and stated net of tax. VAT is added under the rules applicable to the Client's country and tax status.
- The current price list is published on the Service's website. Price changes follow § 13.
- Using the Service requires topping up the Wallet in advance. Payments are handled by a payment provider; the Provider does not store the Client's card details.
- No funds in the Wallet means no Run. The Provider does not work on credit, does not queue Runs to be performed after a top-up, and does not invoice for Leads not covered by funds.
- Before starting a Run the Provider reserves in the Wallet an amount equal to the Daily limit multiplied by the price per Lead. Funds not used in the Run are released immediately after it ends.
- The Wallet is charged solely for Billable Leads, at the moment of their delivery.
- A match against the Client's exclusion list is free of charge and does not charge the Wallet.
§ 7. Runs and limits
- The Client sets the Daily limit when creating the Profile. Absent an indication, the Daily limit is 10 Leads.
- The Provider does not exceed the Daily limit.
- If in a given Run the Provider finds fewer records meeting § 5 than the Daily limit, it delivers fewer Leads. The Provider does not pad the batch with records failing those conditions in order to exhaust the limit.
- A Run that ends without finding Billable Leads does not charge the Wallet.
§ 8. Complaints
- The Client may file a complaint about a Lead within 14 days of its delivery, at kontakt@ornat.pl or through the panel.
- The Provider upholds a complaint if:
- the contact details are incorrect — the email address returns a permanent delivery failure, the phone number is out of service, or the contact form does not work;
- the entity is no longer trading;
- the record duplicates a record previously delivered to that Client;
- the entity does not match the Client's Profile.
- The Provider does not uphold a complaint based on the fact that:
- the entity did not reply to the Client's message;
- the entity declined to cooperate;
- the entity turned out smaller or larger than the Client expected, despite matching the size threshold declared in the survey;
- the Lead did not result in a sale.
- An upheld complaint results in the amount being returned to the Wallet. It is not returned to the Client's bank account.
- The Provider examines a complaint within 14 days of receiving it.
§ 9. Limits of the Service
The following restrictions are absolute. The Provider does not waive them at a Client's request or for additional payment.
- The Provider does not contact the entities it finds, in any way.
- The Provider does not complete data with unverified values.
- The Provider strictly respects
robots.txtand does not circumvent such exclusions through proxy servers, web archives or third-party services. The Provider does not bypass captchas or anti-bot protections. - The Provider does not log in to third-party services, create accounts there, or accept terms of service on anyone else's behalf.
- The Provider does not acquire or resell personal-data databases from unverified sources.
§ 10. Personal data
- The Provider processes data of business entities obtained from publicly available sources on the basis of legitimate interest (Article 6(1)(f) GDPR), consisting in supplying commercial information to businesses.
- Some delivered data may constitute personal data, in particular for sole traders and for personal email addresses. The Provider limits the scope of such data to what is necessary to establish commercial contact.
- The information obligation under Article 14 GDPR towards the data subject is performed by the Client — at the latest upon first contact with that entity. The Provider supplies the Client with a ready-made information clause. Because the Provider never contacts the entities it finds, it has no practical means of performing that obligation on the Client's behalf.
- The Client bears sole responsibility for the lawfulness of the contact it undertakes, in particular under data-protection law, telecommunications law and rules on unsolicited commercial communication — including in the jurisdiction of the entity being contacted.
- The Provider maintains a global contact exclusion list covering entities and individuals who have requested erasure or objected to being contacted. The list is checked before every Lead is delivered to every Client. An entry on the list is irreversible and overrides any Client's Profile.
- Data subject requests are accepted at kontakt@ornat.pl.
- To the extent the Provider processes personal data on the Client's instructions — in particular data from the Client's exclusion list — the parties conclude a separate data processing agreement.
§ 11. Liability
- The Provider is liable for the conformity of delivered Leads with § 5.
- The Provider's liability for non-performance or improper performance of the Service is limited to the amount drawn from the Client's Wallet over the preceding 12 months. This limitation does not apply to damage caused intentionally.
- The Provider is not liable for the consequences of the Client's use of the Leads, in particular for the manner and lawfulness of the contact the Client undertakes.
§ 12. Term, termination and Wallet balance
- The agreement is concluded for an indefinite term. There are no subscription fees, no notice period and no minimum term.
- The Client may stop using the Service at any time by not topping up the Wallet. Once the funds are exhausted, no Runs are started.
- Funds remaining in the Wallet are not refunded to the Client's bank account.
- Funds remaining in the Wallet do not expire and are not forfeited. They remain available indefinitely for as long as the Client's account exists.
- The Client may request deletion of the account at any time. Deleting the account means losing any unused funds.
- The Provider may terminate the agreement with immediate effect in the event of a gross breach of these Terms by the Client, in particular use of the Service contrary to § 3(2) or § 9. In that case unused funds are refunded to the Client's account.
§ 13. Changes to the Terms and the price list
- The Provider may change these Terms or the price list for important reasons, in particular a change in law, a change in the scope of the Service, or a material change in the cost of providing it.
- The Provider notifies the Client of any change at the email address attached to the account, at least 14 days in advance.
- A price change does not apply to Leads already delivered or to Runs started before it takes effect.
- If the Client does not accept a change, the Client may stop using the Service before the change takes effect and request a refund of unused funds to their bank account — by way of exception to § 12(3).
§ 14. Final provisions
- The governing law is Polish law.
- Disputes arising from these Terms are settled by the court having jurisdiction over the Provider's seat.
- These Terms are drawn up in Polish. The English version is informative only; in the event of any discrepancy the Polish wording prevails.
- If any provision of these Terms proves invalid, the remaining provisions remain in force.