Effective from 11.12.2021
These General Contracting Terms and Conditions (hereinafter: ‘GCTC’) contain the rights and obligations of the user (hereinafter: User) using the electronic trade services (hereinafter jointly referred to as: ‘Service’) provided by Warningo.com Korlátolt Felelősségű Társaság (hereinafter: ‘Service Provider’) on the www.warningo.com website and detailed in these GCTC, as well as the rights and obligations of the Service Provider. (The Service Provider and the User are hereinafter jointly to be referred to as Parties.)
These GCTC apply to the use of the Services of the Service Provider. By registering on, and by using the website the Users accept these GCTC, and therefore we recommend that they study them before using the website.
Data of the Service Provider:
Company registration number: 01-09-344257
Registered by: Court of Registration of the Budapest-Capital Regional Court
Registered office: 1037 Budapest, Remetehegyi út 35.
Tax number: 26776871-2-41
Bank account number: 10401055-50526853-65811007
E-mail address: info@warningo.com
Registered office, e-mail address and phone number of the hosting service provider: 1085 Budapest Horánszky u. 23., info@3gteam.hu, +36 20 375 3196
The place of operation and complaint handling of the Service Provider.
1. Subject matter and contents of the service
1.1. The Service Provider operates a website where it sells the right to use the software (hereinafter: ‘Software’) used in the course of marketing activities developed, maintained and supported by it, and provides information related to its use. Based on API connections, the Software allows the User to receive a notification (alert) regarding the operation of the website(s) indicated by the User during the Registration, in accordance with the rules defined by the User. These alerts may relate to the monitoring of technical operation, but they may also indicate changes in marketing activities. In addition to the Website, the Service Provider provides support with regard to the sold Software licence by means of newsletters sent by e-mail (and, if necessary, by phone). An important task of the Service Provider is to keep the Software used in marketing and developed by it up to date, and to ensure that it follows the innovations appearing in digital marketing. For this purpose, it constantly develops the functionality of the Software.
1.2. In order to use the Service, the User must register on the Website, during which they must provide the data specified in Section 3 (hereinafter: ‘Registration’). The Registration is considered successful if confirmed by the Service Provider in an e-mail sent to the e-mail address provided during the Registration (within a maximum of 48 hours).
1.3. All natural person and legal entity, as well as legal person without legal personality Users are entitled to use the Service and to Register. The definition of the User encompasses the definition of the consumer. Pursuant to Act V of 2013 on the Civil Code (hereinafter: ‘Civil Code’), a consumer is a natural person acting for purposes which are outside their trade, business or profession.
1.4. With the Registration, the system creates the User Account belonging to the User.
1.5. During the term of the Contract, the Service Provider provides the Service described in Section 1.1. to the User. The Service Provider provides the use of its own Software in the form of a licence. The Service Provider continuously develops the Software developed by it, and corrects the errors, with particular regard to the technical changes of the API of the related software (Google Analytics).
1.6. During the term of the Contract, the Service Provider provides support for the use of the Software by phone or e-mail, assists in the use of the Software, and participates in the resolution of problems should they arise. The Software use support fee or the waiving thereof depends on the service package selected by the User when ordering the Service (hereinafter: ‘Package’). The content and the terms and conditions of each service package are available in Section 5 of these GCTC and in the information under the current ‘Packages’ menu item available on the Website. The information on the Packages constitutes an inseparable part of these GCTC. If the User has an active subscription to the ‘All You Can Eat’ package, the software support is provided free of charge by the Service Provider during the term of the Contract. Deviation from this is only possible if the User’s current package is Advanced or Basic, but they still request assistance from the Service Provider. In this case, the Service Provider may charge an additional service fee proportional to their work, which, for the separate service, is an hourly fee of EUR 40 + VAT. Knowing the specific task, they inform the User of the exact amount payable for the separate service before the performance of the given work, which the User approves prior to the performance of the work.
1.7. Use of the Service is possible for a fee in accordance with the details of these GCTC and the Package Information.The Service Provider reserves the right to change the fee for the Service and amend the GCTC, provided that the change enters into force simultaneously with its publication on the Website.
2. Establishment, scope and termination of the Contract between the Parties
2.1. The scope of these GCTC extends to all electronic trading services that are provided using the Service. The GCTC qualify as an electronically concluded contract, with the Services qualifying as electronically provided services, to which the provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services apply.
2.2. Any natural person or legal entity is entitled to use the Service if they register themselves validly and successfully on the Website, and also accept the provisions of these GCTC and the Privacy Notice as binding. In the case of a legal entity, only their legal representative with the right of representation or a proxy with a written authorisation is entitled to proceed with regard to the use of the Service.
2.3. The contract between the Parties is concluded and enters into force with the acceptance and confirmation of the Registration by the Service Provider, with the effective content of the current GCTC and the User Account of the User (hereinafter: ‘Contract’). The Contract qualifies as a written contract. The data of the Contract stored in writing correspond with the data of the Registration and the data provided during the given order. The User has continuous access to the GCTC, which form the content of the Contract and is valid at the time of concluding the Contract, on the Website, while the given Registration data are available in their User Account. The Service Provider preserves these contractual data at all times in the manner recorded on the Website. Pursuant to this Section, the language of the Contract concluded between the Parties is Hungarian and English.
2.4. The Contract is concluded between the Parties for an indefinite term, which is automatically renewed every month, unless the User terminates the Contract in accordance with Section 2.6. If the User wishes to use the Service again after the termination of the Contract, they must re-order the Service.
2.5. This Contract shall terminate:
• with the termination of the Service Provider without legal successor,
• with the termination of the User without legal successor,
• with the mutual consent of the Parties,
• with termination by either party.
2.6. The User may terminate the contract if they have no payment obligation to the Service Provider. In this case, they may request the termination of the Service without providing reasoning no later than 1 calendar day before the turn of the month by means of a written statement sent to the User’s own User account on the Software interface or to the address of the Service Provider. The termination of the Contract also means the end of the lawful use of the Software. In this case, the Service will be terminated from the subsequent cut-off date. In the event of termination of the Contract, the Service Provider will not refund the time-proportionate Fee for the remaining period until the cut-off date.
2.7. If one of the Parties seriously and repeatedly violates their material obligation under the Contract, the other Party shall have the right to terminate the Contract in writing with immediate effect by means of a unilateral declaration in a private document of full probative value sent to the other Party. The Parties shall state the reason for the extraordinary termination in the notice of termination.
2.8. The Service Provider may terminate the Contract with immediate effect if the User
• is 14 days late in paying the Fee,
• provides false data during Registration.
2.9. If the Contract is terminated for any reason, the Parties shall settle with each other within 15 days of the termination.
3. Registration
3.1. No Registration is required to browse the Website.
3.2. Use of the Services is only possible for Users registered on the Website. During registration the following data must be provided to complete the required data form.
In the case of a natural person:
• Full name
• E-mail address
• Password
In case of legal entities:
Contact person’s data:
• Authorised representative: first name, last name
• E-mail address
• Password
Company data:
• Company name
• Tax number
Information about payment:
• bank card number
• name on the bank card
• bank card expiration information
• validation code (CVV)
On the website, the users may only provide valid data about themselves and, in the case of a legal entity, the company represented by them. For successful Registration the User must accept these GCTC and the Privacy Notice by ticking the appropriate fields. By ticking the fields the User declares having read and understood all provisions of these GCTC and Privacy Notice and to fully comply with them as well as accepting them as binding.
3.3. Only the User shall be responsible for the accuracy, up-to-date nature and true content of the supplied data. The Service Provider excludes any liability that occurs in relation to the inaccuracy, typing error in the data supplied on the Website, or from the supply of false data and information. The Service Provider shall not be liable for any problems or errors which can be traced back to incorrect and/or inaccurate data provided by the User. The User shall keep the password relating to the registration in secret and shall carefully manage it. The Service Provider shall not be held liable for any damage which occurs when the User forgets the password or the password is obtained by any unauthorised person due to any reason not attributable to the Service Provider. The incorrectly recorded data can be changed in the User Account after logging in, as well as by calling the customer service phone number or by sending an e-mail to the central e-mail address.
3.4. The Service Provider reserves the right to accept or reject, without any notification, the User’s Registration. In this case, the Contract is not concluded between the Parties.
3.5. The Registration is valid if it is accepted by the Service Provider and the acceptance is confirmed by an e-mail sent to the e-mail address provided by the User during the Registration, in accordance with the provisions of these GCTC.
3.6. Upon receipt of the Registration, but no later than within 48 hours, the Service Provider sends a confirmation to the e-mail address provided by the User during the Registration, which contains a link through which the User can activate their Registration.
4. User Account
4.1. After successful Registration, the system creates the User’s User Account, which contains the data specified in Section 3.2.
4.2. When using the User Account, the User has the option to:
• modify the data provided during the Registration;
• switch from one existing Package to another;
• terminate the Contract;
• change the software settings;
5. Payment terms and conditions
5.1. The use of the Service (including the use of the Software) is subject to the payment of a licence fee (hereinafter: ‘Fee’). When ordering the Service, the User is obliged to pay the Fee of the Package selected by them, on a monthly basis. The current price list of the current Fee of each Package is always available on the Website under the Packages menu item.
5.2. The Fee is payable monthly. The due date for the payment of the Fee is the cut-off date of the User’s Contract each month, which is the turn of the month from the date of entry into force of the Contract specified in Section 2.3.
5.3. The Service Provider automatically debits the User’s account each month in advance, on the cut-off date governing the User’s Contract, using the payment data provided by the User during the Registration. The payment of the Fee shall be deemed performed by the Parties at the time when the amount to be paid arrives in the Service Provider’s bank account. The Fee is deducted for the first time on the first cut-off date following the end of the free trial period specified in Section 5.8, if the User has not terminated the Contract in accordance with the provisions of Section 5.8. At the same time, the User expressly agrees to automatically debit their account with the amount of the Fee using the provided payment data. The User declares that the provided bank card data is true and that they are legally entitled to use the provided bank card. If it is not possible to deduct the Fee because the User does not have adequate coverage on the specified bank account on the cut-off date, the Service Provider will try to debit the User’s bank account again 7 days after the cut-off date. If it is not possible to deduct the Fee due to lack of coverage at the later date, the Service Provider is entitled to suspend the Service until the User settles their debt. The Service Provider shall not be liable for any damage suffered by the User as a result of the suspension of the Service. The Service Provider informs the User about the suspension of the Service by e-mail and through the User Account interface. If the User fails to pay the Fee within 14 days of its due date, the Service Provider is entitled to terminate the Contract with immediate effect.
5.4. The Service Provider uses the payment system of Braintree during the payment. More information about Braintree’s payment system can be found on page https://www.braintreepayments.com. The security of credit card payments is guaranteed by SSL protection.
5.5. The Fee includes the licence cost for the use of the Software for the given month, but by default, for the Basic and Advanced packages, it does not include the cost of support required for the use the Software. If the User orders the All You Can Eat package, the support required to use the Software is free of charge during the term of the Contract.
5.6. The Service Provider does not provide support to the User using the Basic or Advanced package in connection with the use of the Software, but the User has the opportunity to request technical assistance if a problem arises during the use of the Software. In this case, the Service Provider may charge a separate fee for the support provided to the User. The cost of technical assistance depends on the nature and size of the required and necessary task, therefore the Service Provider informs the User of the exact amount payable for the task in advance following the notification of the request, and starts the task only if the User accepts the task and its cost in writing (in an e-mail sent to the Service Provider). Detailed information about the services included in each Package can be found in the information available under the Packages menu item.
5.7. During the term of the Contract, the User is entitled to switch from the Package ordered by them to another Package. Switching between Packages can be done by the User in their User Account. The package change takes effect when the Service Provider confirms it in writing (in an e-mail sent to the User’s e-mail address). If the User wishes to switch to a higher fee Package offering more features than the existing Package, the Service Provider will deduct the time-proportionate Fee of the higher fee Package – calculated in relation to the difference between the Fees of the two Packages – for the period after the package change is approved, thus, once the package change is approved, the User can immediately use the additional features offered by the new Package. If the User wishes to switch to a lower fee Package, they may use the services of the existing Package for the entire period remaining until the cut-off date, regardless of the date of approval of the package change. In this case, the new Package will be activated from the next cut-off date. Following the approved package change, the User is obliged to pay the Fee for the new Package on a monthly basis under the conditions specified in this section.
5.8. The Service Provider undertakes to pay the first monthly fee for the use of the Software, i.e., it provides a free trial period for the first month following the conclusion of the Agreement. After the expiration of the first month, the Contract will be automatically extended and the Fee for the second month will be charged at the turn date of the first month. If the User terminates the Contract no later than 1 day before the turn of the first month, in the manner specified in these GCTC, The Contract may also be terminated by the User deactivating the Service in the User’s account.
5.9. The User will receive an electronic invoice for the successful Fee Payment by e-mail and in the User’s account within 8 days after the payment is executed.
6. Rights and obligations of the Service Provider
6.1. The Service Provider is obliged to make available the Software to the User for use during the term of the Contract.
6.2. During the support period, the Service Provider provides assistance to the Users relating to the issues arising in connection with the use of the software, in accordance with Sections 5.2. and 5.3. The form of assistance is basically email support.
6.3. The Service Provider is entitled to use all information received from the User only for the purpose of operating the software or for error correction and other assistance to the User. Deviations from this rule can only be made with the prior permission of the User. The Service Provider retains the data provided to it only for as long as it is needed to correct the error or provide support.
6.4. The Service Provider is entitled to verify the data necessary for identification provided to it by the User.
7. Rights and obligations of the User
7.1. The User is entitled to use the Software produced by the Service Provider after the entry into force of the Contract and upon the fulfilment of their payment obligation, except for the first month, which qualifies as a free trial period.
7.2. During the term of the Contract, the User is entitled to use the assistance related to the use of the Software by e-mail, in accordance with Sections 5.5. and 5.6.
7.3. The User has the right and also the obligation to update their data in their User account, as the system always issues the invoices using the data currently available in the User’s User Account at the moment of issuing the invoice. The invoice may not be modified subsequently.
8. Liability
8.1. The User is obliged to provide real data during the Registration, while the Service Provider is not liable for any damage that occurs due to the provision of incorrect or non-real data during the Registration.
8.2. The Service Provider shall not be liable if the website operated by the User and affected by the use of the Software does not function properly, is not available during the use of the Software, and thus the Software is not or only to a limited extent capable of sending alerts.
8.3. The Service Provider is not responsible if the Software is unable to send an alert because the APIs are not available and the Software does not receive adequate information, i.e., a third party independent of the Service Provider does not facilitate access to, or the operation of the API, or if the User has set something wrong while using the Software (linked to the wrong website, the filters are wrong, etc.).
8.4. If the User does not use the Service in connection with their own website, they are obliged to inform the owner of the indicated website (s) about the use of the Service and to obtain the appropriate consent/approval. In the event of any damage resulting from its failure or incompleteness, the Service Provider shall not be liable to the User, to the owner of the affected website or any third party.
8.5. Only the User shall be responsible for the accuracy, up-to-date nature and true content of the supplied data. The Service Provider excludes any liability that occurs in relation to the inaccuracy, typing error in the data supplied or false data and information supplied on the Website, or in the Software. The Service Provider shall not be liable for any other problems or errors relating to the data provided by the User incorrectly and/or inaccurately.
8.6. In view of the fact that the Parties use the services of a telecommunications service provider in accordance with these GCTC, the Service Provider declares that it is not liable for any error or omission in the provision of the Service caused by a problem of telecommunications services provided by a telecommunications service provider commissioned by either party.
9. Contract concluded outside business premises
9.1. The Service is considered a contract concluded outside business premises if the User is a natural person. In this case, the provisions of these GCTC shall be applied with the deviations and additions included in this section 9.
9.2. The relations between the Parties are governed by Act V of 2013 on the Civil Code and the provisions of Government Decree 45/2014 (26 February) on the detailed rules of contracts between consumers and businesses.
9.3. The Parties declare that the mandatory information pursuant to Section 11 of the Government Decree is properly included in these GCTC, the User has received this information by reading the GCTC, which he acknowledges by signing the Order.
9.4. The User expressly requests the Service Provider to start the provision of the Service before the expiry of the deadline for withdrawal period under Section 9.5.. At the same time, the User acknowledges that if after the commencement of the Service they still exercise the right of withdrawal under Section 9.5, they shall be obliged to reimburse the reasonable costs incurred by the Service Provider in this connection.
9.5. Right of withdrawal/termination
9.5.1. The User has the right to terminate the Service without giving reasons within 14 days from the conclusion of this Contract if the performance of the Contract has started.
9.5.2. The User has the right to terminate the contract on the interface of the Software as set out therein, in accordance with No. 1 of these GTC for the use of the model declaration set out in Annex No. 1. or by means of a clear statement to that effect in a private document of full probative force, which must be sent to one of the following contact details of the Service Provider:
by e-mail (with a signed, scanned version of the declaration): info@warningo.com
9.5.3. The User exercises the right of termination within the deadline if they send a notice of termination before the expiry of the deadline indicated above.
9.5.4. In case of exercising the right of termination, the Service Provider is entitled to the consideration for the service provided until the date of termination; the part of the consideration that exceeds the value of the service actually provided will be refunded to the User. The amount to be paid proportionally by the User during the settlement shall be calculated on the basis of the total amount of the consideration plus tax. However, if the User proves that the total amount is too high, the proportional amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the Contract.
9.6. Liability for defects
9.6.1. In the event of faulty performance by the Service Provider, the User may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.
9.6.2. The User may, at their option, use the following warranty claims:
9.6.2.1. If the Service provided by the Service Provider is defective, the User may request correction or replacement, unless it is impossible to meet the demand chosen by the User or would entail a disproportionate additional cost for the Service Provider compared to the fulfilment of his other request. If the User has not or could not request the correction or replacement, they may request a proportionate reduction of the consideration or, ultimately, may withdraw from the Contract.
9.6.2.2. The User may switch from the chosen right of warranty to another, however, the cost of the switch shall be borne by the User, unless it was justified or the Service Provider gave a reason for it.
9.6.3. The User is obliged to report the defect immediately after its discovery, but not later than within two months of discovery. The User may no longer exercise his warranty rights for supplies beyond the two-year limitation period from the performance of the Contract.
9.6.4. The User may assert their warranty claims against the Service Provider.
9.6.5. Other conditions for the exercise of warranty rights:
9.6.5.1. Within six months from the signing of Contract, there are no conditions other than the notification of the error to enforce the warranty claim, if the User is a natural person and proves the valid and effective existence of the Contract with the Service Provider. After the expiry of six months from the performance, or if the User is not a natural person, the User is obliged to prove that the defect recognized by him was already in the Service at the time of performance.
9.7. Complaint handling
9.7.1. In the case of any objection, complaint or data registration error occurring while the Service is being used, the User may contact the Service Provider’s customer service in any of the following manners: The Service Provider handles each complaint free of any charge.
9.7.2. Oral complaint:
The Service Provider shall investigate the User’s oral complaint immediately and, if possible, remedy it immediately. If the User does not agree with the method of complaint handling or it is not possible to remedy the complaint immediately, the Service Provider shall record the User’s complaint and coordinate with and have its content approved by the User. A copy of the report shall be handed over to the User by the Service Provider. Upon receipt of the complaint, the Service Provider will examine it and send a response with reasoning about its position on the complaint within 30 days of its submission.
Complaints communicated by telephone will be recorded by the Service Provider, so in this case the above-mentioned minutes will be replaced by the audio recording.
9.7.3. Written complaint
In the case of a written complaint, the Service Provider will investigate the complaint after receipt and send a written response to the User about the result of the investigation within 30 days after the notification of the complaint. If required, the Service Provider shall notify the User electronically of the result of the investigation.
The Service Provider shall investigate, reject or remedy the complaint in accordance with the applicable legal regulations.
In its reply letter, the Service Provider shall include the results of the full investigation of the complaint, the measures taken to remedy the complaint, and in case of rejection, the reasons for the rejection. The Service Provider provides its information with a clear, comprehensible justification, during which it uses simple language, avoiding the unreasonable use of legal terms. The Service Provider strives to providing a meaningful answer to all the User’s objections in its reply letter.
Written complaints – including the minutes of the complaint made during the personal appearance – as well as the answers to them shall be saved by the Service Provider for five years. After the retention period, the data media (documents) shall be discarded by the Service Provider.
9.7.4. Legal remedy
If the User’s complaint is rejected in full or in part or the above deadline for the investigation of the complaint passed without any result, the User may turn to the following authorities and bodies:
Government Office of the Capital City of Budapest
Technical, Licensing and Consumer Protection Department, Consumer Protection Unit
Address: 1052 Budapest, Városház u. 7.
Phone number: +36 1 450 2598
Conciliation Board operating alongside the Budapest Chamber of Commerce and Industry
Address: 1016 Budapest, Krisztina krt. 99.
Postal address: 1253 Budapest, PO Box: 10.
Phone number: (1) 488-2131
Fax number: (1) 488-2186
If the legal dispute cannot be resolved in any of the manners indicated above or through other negotiations, the User may turn to court.
9.7.5. The User may also propose resolving the complaint concerning any product or service purchased online in the form of out of court settlement, within the framework of an online dispute settlement procedure. The online dispute settlement may be proposed on the following website; the same website also contains detailed information on the option and conditions of online dispute settlement:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
10. Contact
10.1. During the performance of the Contract, the Parties shall cooperate with each other to the best of their knowledge. The Parties shall send each other written notifications related to the Contract to the address indicated here.
The contact details provided by the User during Registration and recorded in the User Account.
On behalf of the Service Provider:
e-mail: info@warningo.com
11. Closing Provisions
11.1. If the Service Provider is unable to fulfil its obligations under the Contract due to its own fault, it is obliged to notify the User immediately in a verifiable manner. Following the notification, the Service Provider shall not be liable for any failure to provide the Service. For the period up to the restoration of the Service, the User is not obliged to pay the Fee or is entitled to a refund of the proportionate part of the Fee already paid.
11.2. The Parties declare that the Contract and these GCTC contain all rights and obligations, beyond which no other rights and obligations have been assumed or intended to be recorded by each other, and that this is the entire agreement of the Parties.
11.3. The parties state that all facts, circumstances and statements that are relevant to the conclusion of the contract are part of the Contract or the GCTC, beyond which they do not intend to settle any other issues.
11.4. The degree of security of the Website operated by the Service Provider is satisfactory and its use does not impose any risk, but we still recommend you taking the following precautions: use virus and spyware protection software with an up-to-date database and install the security updates of the operating system. The use of this Website is based on the assumption that the User is aware of the technical and technological limits of the internet and accepts the potential errors that may occur in the technology.
11.5. The Service Provider cannot be held liable for any damage which occurs as a consequence of connecting to the Website. The User is obliged to protect their computer and the data kept on in.
11.6. The Service Provider does not submit itself to the provisions of any code of conduct.
11.7. The Parties shall make every effort to resolve any dispute through negotiations. If the dispute cannot be settled through negotiations, the Parties shall settle all disputes arising in connection with the legal relationship between them on the basis of the Framework Agreement and the Individual Contract by subjecting themselves to the proceedings of a court having competence and jurisdiction under Act CXXX of 2016 on Civil Procedure.
11.8. The Contracting Parties agree that in the event of any question, claim, dispute or litigation related to the Contract, the Hungarian law shall prevail. With regard to the Service, the provisions of the Act on Electronic Commerce Services, the GDPR and Act V of 2013 on the Civil Code shall apply in particular.
Budapest, 16th April 2021.
Annex No. 1.:
Model Statement of Withdrawal / Termination
(fill in and return only in case of intention to withdraw from the contract)
Addressee: *
I, the undersigned, declare that I exercise my right of withdrawal / termination in respect of the contract for the sale of the following product(s) or the provision of the following service: *
Date of conclusion of contract / date of receipt: *
Name of the User:
Address of the User:
Signiture of the User: (in the case of a paper statement only)
Date: