1. Acceptance of the Regulations

1.1. These Regulations for the provision of services (hereinafter referred to as the 'Regulations') define the rules for using the Message Mastery 88 (M88M) platform, operated by Fenix ​​Trading sp. z o.o. with its registered office in Skrzeszew, ul. Spokojna, 55E, NIP: PL5272939283 (hereinafter referred to as the 'Service Provider' or 'We').

1.2. Obtaining access to the M88M platform and using the B2B mass e-mail and SMS marketing services is tantamount to full acceptance of these Regulations.

2. Description of the Service

2.1. M88M provides services in the Software-as-a-Service (SaaS) model, enabling the Client's Target (hereinafter referred to as the 'Client') to conduct highly segmented B2B digital communication via e-mail and SMS messages.

2.2. The main services include:

Access to a proprietary, actively managed database of verified business contacts from Europe (including Poland).

Tools for campaign creation, segmentation, sending, and performance analysis.

Infrastructure ensuring high deliverability of professional messages.

3. Customer Responsibility and Permitted Use

3.1. Legal Compliance and Campaign Content

The Customer is solely responsible for the content of all marketing communications sent via the M88M platform.

Prohibited Content: Campaigns may not contain material that is incompatible with Polish and European law, defamatory, harassing, or misleading. The content must be professional and appropriate to the recipient's business function.

Consents and Opt-outs: The Customer is obligated to immediately honor any opt-out requests. The M88M platform automatically manages opt-out links to ensure legal compliance.

3.2. Data Use and GDPR (GDPR)

Data Controller: The Client acknowledges that with respect to the content and target group of a specific campaign, the Client remains the Personal Data Controller (or Joint Controller, depending on the legal interpretation), and the Service Provider acts as the Processor.

GDPR Compliance: The Client undertakes to use M88M data in a manner fully compliant with the General Data Protection Regulation (GDPR) and Polish regulations (including the Telecommunications Law and the Act on the provision of electronic services).

Legitimate Interest: The use of the M88M database for B2B communication is based on a legitimate interest (Article 6, paragraph 1, letter f, GDPR). The Client must ensure that its marketing purpose is legitimate and does not violate the rights and freedoms of the persons to whom the message is addressed.

4. Intellectual Property and Data

4.1. All software, data structures, algorithms and the European B2B Contact Database are the exclusive intellectual property of Fenix ​​Trading.

4.2. The Client receives a limited license to use the data solely for the purpose of conducting marketing campaigns via the M88M platform.

5. Limitation of Liability and Withdrawal from the Service

5.1. Fenix ​​Trading is not liable for any direct, indirect or incidental damages resulting from the Client's use of the services that is inconsistent with the Regulations or unlawful.

5.2. The Service Provider reserves the right to immediately suspend or terminate the Client's account without refund in the event of a breach of any provision of these Regulations, in particular regarding compliance with the GDPR and the content of the messages sent.

6. Governing Law and Dispute Resolution

6.1. These Regulations are subject to the law of the Republic of Poland.

6.2. Any disputes arising from these Regulations will be resolved by a common court having jurisdiction over the seat of Fenix ​​Trading in Poland.