- The entity operating the www.simtility.com platform [hereinafter the "Platform"] is Simtility sp. z o.o. [hereinafter the "Platform's Owner"].
- These regulations [hereinafter the "Regulations"] define the principles of operation of the Platform, the conditions for submitting ideas for the products [hereinafter the "Idea" or "Project"], the procedure for selecting the Ideas and the principles of the possible production and sale of products.
- Any person submitting the Idea shall be obliged, prior to submitting the application, to read the provisions of the Regulations. Submitting the Idea on the Platform is tantamount to fully accepting the Regulations. .
- The aim of the Platform is to promote innovativeness and creativity in developing products in dialogue with their potential users, and to possibly put the submitted products into production and sale.
- Using the Platform is voluntary and free of charge.
- The procedure for selecting the Projects comprises the following phases:
- the submission of Projects,
- developing Projects by the Platform consisting in preparing a professional drawing with a description of the product,
- the selection of Projects that are going to be put into production and sale - as part of the voting organised by the Platform,
- possible putting of the Project into production and sale.
Submitting the applications
I. conditions and manner of submitting the applications
- The condition for submitting the Project application is to have an innovative idea for a product that is feasible and possible to be put into sale, characterised by great chance of achieving a commercial success.
- Any natural person who is at least 18 years of age, having full capacity to enter into legal transactions, regardless of his/her nationality and country of residence, may submit the Project application [hereinafter the "Applicant"].
- A prerequisite to be met for the effective submission of the application is to complete the application form in the Form tab [hereinafter the "Form"], accept the Regulations, consent to the processing of personal data by the Platform's Owner.
- The application is submitted by completing the Form in the ICT system, enclosing all the documents specified in the Form, granting all necessary consents required by the Platform and sending the properly completed Form by clicking on the "send" option.
- All required fields in the Form shall be completed in a comprehensive and accurate manner. The Form should be accompanied by all the required documents, in particular the Project showing the product in the form of a drawing).
- The subject of the application may only be an Idea for a feasible product.
- The subject of the application cannot be the Project of a product that could violate the provisions of applicable law, good practice, the principles of social coexistence, personal rights of others, in particular the honour or reputation. It is forbidden to submit projects that contain pornographic and political content as well as content discriminating third parties, in particular with regard to sex, race, religion, nationality and ethnic origin.
- By sending the Form and submitting the application, the Applicant represents and warrants that the submitted Idea and the drawing of the product are the result of his/her creative activity of an individual nature, he/she has full rights and that they do not infringe the rights of third parties, in particular copyrights, industrial property rights and personal rights of third parties and that they are free from legal defects and claims of third parties. He/she also represents and warrants that the submitted Idea has not been previously published.
- By sending the Form and submitting the application, the Applicant undertakes to bear the comprehensive, exclusive and unlimited liability for any third party claims addressed in connection with the submitted idea. In case of filing any claims, the Applicant shall be obliged, in particular, to repair the damage suffered by the Platform as a result of breaching any rights in connection with the Project or the product produced or sold in connection with the execution of the Project.
- In case of claims of a third party towards the Platform's Owner for breaching any of its rights in connection with the submitted Project, the Platform's Owner shall inform the Applicant of this fact, and the Applicant shall release the Platform's Owner from the liability and undertakes to reimburse him/her the costs incurred in connection with the claims of third parties and to repair the damage suffered by the Platform's Owner as a result of the claims filed, which does not repeal the rights of the Platform's Owner to pursue other claims against the Applicant, on terms specified by applicable law.
- By submitting the application, the Applicant agrees to the use of his/her Idea by the Platform's Owner, in particular, by posting it on the Platform, putting it to the vote as well as to the production and sale of the product according to the Project, as specified in the Form.
- By submitting the application, the Applicant undertakes to transfer to the Platform's Owner financial copyrights to the Project and its components as well as all industrial property rights to the Project and all its components at the time of making by the Platform's Owner a decision on putting the product into production.
- As of submitting the application, the Applicant undertakes not to use the submitted Idea in any way outside the Platform within 6 months from the date of submitting the application, unless paragraph 14 of this section shall apply. In particular, the Applicant shall not, within this time period, share or communicate the Idea with/to third parties, publish it in any other place, on the website or any other site, as well as to independently produce the product. In the event of breaching this undertaking, the Applicant shall pay to the Platform's Owner a contractual penalty in the amount of 50 000 EUR. The Platform's Owner may seek redress of the damage, to the extent exceeding the contractual penalty, from the Applicant according to general rules.
- In case the Platform's Owner makes a decision on putting the product into production, the Applicant shall transfer the rights referred to in paragraph 12 hereof, and the obligation referred to in paragraph 13 of this section shall be extended indefinitely, until granting by the Platform's Owner a written consent to the disposal and use of the Idea by the Applicant.
II. development of Projects
- By sending the Form with the application, the Applicant agrees to his/her Project being developed by the Platform's graphic artist. The graphic artist shall prepare a drawing of the Project on the basis of the description of the product and the drawing of the product provided in the Applicant's Form.
- Upon developing the Project, the Applicant shall receive a drawing of the product (hereinafter the "Drawing") for review, to the e-mail address provided in the Form.
- The Applicant has the right to make comments to the Drawing within 3 days of receipt. Failure to provide comments to the Drawing within this time period is tantamount to resigning from participation in the further selection procedure of Projects.
- In a declaration on making comments to the Drawing the Application shall be obliged to specify, to which components of the Drawing the comments apply and indicate what revisions or amendments should be made. The Applicant shall receive from the Platform an amended or revised Drawing or information that the introduction of the requested amendments by the Applicant is impossible within 5 days from the receipt of the Applicant's declaration containing comments to the Drawing. Provided that the Applicant may submit a total of three comments to the Drawing, paragraph 3 of this section shall apply accordingly to submitting comments to the new revised Drawing.
- All rights, in particular financial copyrights to the Drawings, belong exclusively to the Platform's Owner. The Applicant cannot use the Drawing in any way, in particular, disseminate or modify it under pain of legal liability towards the Platform.
- The Applicant agrees to the Drawing to be published together with the description of the product on the Platform's website. In addition, the Applicant agrees to its name, the flag of the country of his origin and the logo of the Platform to be posted on the product and the packaging of the finished product.
voting and selection of Projects
I. preliminary assessment
- Prior to posting the Project on the Platform, each Project is examined and verified by a group of experts of the Platform, in terms of the technical possibility of the production of the product described in the application (initial phase).
- Within 14 days from the date of submitting the application the Applicant shall be informed (by phone or via the e-mail address specified in the Form) whether he/she passed this phase successfully or not.
- In the case of passing the initial phase successfully, the Applicant shall receive at the same time the visualisation of the product (a description with the Drawing) and the initial price of the product.
- A positive assessment of the Project by experts and successful passing of the Project through the initial phase does not guarantee that the product is going to be put into production and sale.
- Each Project positively assessed by the group of experts shall be included on the Platform and put to the vote in order to select the Projects that are going to be put into production [hereinafter the "Voting"].
- The Project shall be posted on the Platform in a graphic form (Drawing) together with a description of the product and the initial price for 1 unit of the product.
- The Voting consists in casting votes for Projects posted on the Platform by clicking on the corresponding icon located at each of the Projects ("I like it", "I don't like it", "I want this product").
- The voting on each of the Projects shall last 100 days starting from the date on which the Project is posted on the Platform.
- The detailed rules and the conduct of Voting prepared for the voters are governed by separate regulations contained in the idea hub tab.
Possible putting into production
- A prerequisite for putting the Project into production is obtaining by a given Project in the Voting a minimum of 500 "I like it" votes and a minimum of 300 "I want this product" votes. .
- The Applicant shall be informed about the selection of the Project in the Voting via e-mail.
- The prerequisite for putting the selected Project into production is the conclusion of a written contract by the Applicant with the Platform's Owner, under which all copyrights together with their related rights and industrial property rights to the Project shall be transferred to the Platform's Owner.
Production and sale
- The costs of production and sale of the product in respect of which the decision was made to put it into production shall be borne by the Platform's Owner.
- The remuneration of the Applicant submitting the Project for the sale of the product amounts to 7.5% of the net price of each copy of the product sold.
- If the sale of the product in the period of 6 months is less than 200 units of the product, the Platform's Owner may decide to cease the production of the product. In this case, after 6 months from the date of the decision to cease the production, the Owner shall grant the Applicant submitting the Project a non-exclusive and royalty-free license to use the Project.
- At least 30 days prior to making the final decision by the Platform's Owner to cease the production, the Applicant submitting the Project is notified of the probability of making such a decision via e-mail.
- In case of a third party raising a claim against the Platform's Owner after putting the product into production, the Platform's Owner shall be entitled to withhold the payment of remuneration to the Applicant submitting the Project, and to deduct from this remuneration all amounts, in particular, damages and the reimbursement of costs incurred in connection with developing the Drawing, putting to the vote, putting into production, the production and sale.
- The detailed rules and the manner of settling the remuneration for the share in profits from the sale of the product shall be regulated in a contract concluded by the Project's author with the Platform's Owner referred to in Section 4 paragraph 3 of the Regulations.
- The processing of the Applicant's personal data is carried out in accordance with the principles laid down in the Act on Personal Data Protection of 29 August 1997 (consolidated text, Journal of Laws of 2016, item 922) [hereinafter the "Act on Personal Data Protection"] and the voluntary consent of the Applicant.
- The Applicant voluntarily provides his/her personal data to the Platform's Owner in connection with submitting the Idea. These data are contained in the Form and other declarations made to the Platform's Owner.
- Granting by the Applicant consent to the processing of personal data within the meaning of the Act on Personal Data Protection is voluntary, however, it is a prerequisite enabling the effective submission of the application.
- The Applicant agrees to the processing of personal data together with sending the Form.
- Personal data of persons submitting the Ideas shall be processed in order for the Projects to be posted on the Platform, as well as to carry out the Voting and the possible production and sale of products.
- The administrator of personal data within the meaning of the Act on Personal Data Protection is Simtility sp. z o.o. with its registered office in Warsaw, Poland.
- The Applicant has the right to access his/her data and the right to request their rectification and updating.
- The Applicant should each time notify the Platform's Owner about a change in his/her personal data. The consequences of the absence of such notification shall be borne by the Applicant.
- The Platform uses cookie files. Cookie files are small text files commonly sent by websites and stored on the terminal equipment of the service user. Cookie files are stored on the user's device when browsing the content of the Platform.
- Cookie files are used to enable the submission of applications of Ideas for the proper conduct of Voting as well as for advertising and marketing purposes.
- Cookie files are used on the Platform with the consent of the user. The user may at any time revoke or change the scope of consent granted earlier for the use of cookie files and remove them from his/her browser.
- The user may at any time block the use of cookie files and remove permanent cookie files by using the relevant settings available in the web browser. Blocking or restricting the use of cookie files may impede the correct use of some of the functionalities available on the Platform.
- The Platform uses the following types of cookie files:
- In any matters not governed herein the generally applicable provisions of the Polish law shall apply.
- The Owner shall be entitled to all copyrights to the Platform, in particular the rights to the logo and the content on the Platform. They are also subject to protection under Polish law and any use thereof by unauthorised persons without the prior written consent of the Platform's Owner is not allowed.
- In particular, the content of the Platform's pages is subject to copyrights and it is protected under the Act on Copyrights and Related Rights of 4 February 1994 (consolidated text, Journal of Laws of 2016, item 666, as amended).
- The Platform's Owner shall not be liable for any damages resulting from the use of the Platform and materials contained therein.
- Applicants shall not be entitled to any claims against the Platform's Owner in connection with the application and selection of Projects and the decisions made by the Platform's Owner on putting or not putting a given product into production and sale.
- By accepting the Regulations, the Applicant undertakes to comply with them.
- The Portal's Owner shall be entitled to change the Regulations. The current version of the Regulations shall be posted on the Portal in the Form/ Regulations tab.
- The Regulations shall come into effect on 1.10.2016.