These Regulations define the type, scope and conditions of providing Services electronically by Michał Jankowski Smart Solutions via the https://imcado.app service.
§ 1 DEFINITIONS:
- Price list – price list of Services provided by Michał Jankowski Smart Solutions available on the Website;
- A consumer is an entity within the meaning of 221 of the Civil Code, a person who performs with the entrepreneur a legal action not directly related to his business or professional activity;
- Recipient’s Account – part of the Service, which is a set of resources and rights assigned to a specific Recipient, available after logging in with a login and password, through which the Recipient has access to the System and can use the Services;
- Consumer Account – part of the Service, which is a set of resources and rights assigned to a specific Consumer, available after logging in using a login and password, through which the Consumer has access to the System and can use the Services;
- Activation link – generated as a result of a paid order for the Service, a coded link individually assigned to the Customer, which, supplemented by an access code, allows access to the Customer’s Account;
- Settlement period – the period for which the Service Recipient’s liabilities for Services provided on a monthly or annual basis are settled
- Subscription fee – the fee paid by the Customer in the amount specified in the Price List for the use of the Services in a given billing period;
- Service Package – a package of Services offered by the Service Provider to the Customer, the detailed scope of which is specified in the information on the Site;
- Telecommunication Law – Act of 16 July 2004. – Telecommunications Law (consolidated text of 14 September 2018, Journal of Laws of 2018, item 1954);
- Terms of Service – a present document describing Services provided by electronic means;
- GDPR – Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
- Service – an organised information platform enabling the Customer to use the Services and information developed by the Service Provider available at https://imcado.app and/or through the Imcado application
- System – software available in the SaaS model (Software as a Service) provided by the Service Provider to the Customer under the Agreement
- Service by electronic means – performance of the Service provided without the simultaneous presence of the parties (at a distance) for the benefit of the Customer, by transmitting data at the individual request of the Customer, sent and received by means of electronic processing equipment, including digital compression, and data storage, which is entirely transmitted, received or transmitted by means of a telecommunications network within the meaning of the Act of 16 July 2004. – Telecommunications law.
- Agreement – an agreement for the provision of Services by electronic means concluded at a distance between the Service Provider and the Client, the subject matter and content of which are specified in the provisions of these Terms of Service, the Price List and information on Service Packages available on the Site;
- Services – free of charge and payable services provided electronically via the Site by the Service Provider to the Customer, consisting in ensuring the Customer’s access to the System and its proper functioning;
- Customer – an entity that uses the Services under the Agreement for purposes directly related to its business or professional activity, which is not a Consumer;
- Service Provider – an entity providing Services electronically on the basis of the Terms of Service, Price List and Package of Services available on the website – Michał Jankowski Smart Solutions, NIP: 7691986621 50-536 Wrocław Srebrnogórska Street 4/11
- Copyright and Related Rights Act – Act of 4 February 1994 on Copyright and Related Rights (9 May 2018, Journal of Laws of 2018, item 1191);
- Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (13 December 2018). (Journal of Laws of 2019, item 123).
§ 2. GENERAL PROVISIONS
- These Terms of Service are the regulations for the provision of services by electronic means, referred to in Article 8 Section 1 point 1 of the Act on the provision of services by electronic means.
- By using the Site, including placing orders for the Services offered by the Service Provider, the Customer confirms that he or she has read these Terms of Service, accepts the provisions contained herein and agrees to comply with them. Lack of acceptance of these Terms of Service prevents placing an order and using the Services.
§ 3. TECHNICAL REQUIREMENTS
The use of the Website and/or Application, including in particular the use of the Services, require meeting the minimum technical requirements necessary for cooperation with the System:
- having a device with an Internet connection and cookies enabled,
- installing the latest version of the web browser that enables the correct display of the Site resources, i.e. Google Chrome, Mozilla Firefox, Internet Explorer, Safari
- having an active e-mail address,
- in case of Applications use on mobile devices Android 9+ or iOS 10+ operating system
§ 4. USE OF THE SERVICE
- Within the Site, the Service Provider enables the Consumer / Customer:
- get familiar with the information on the scope and conditions of the Services,
- establishing a Consumer Account / Customer Account and placing orders for Service Packages,
- use of the Services,
- sending a message via the contact form.
- By accepting these Terms of Service, the Consumer / Customer agrees in particular to:
- respect the prohibition of illegal content, which means inter alia, the prohibition of offensive, untrue, immoral, morally abusive or hate content,
- not to take any actions aimed at disrupting the functioning of the Site and to obtain information and data not intended for the Consumer / Customer,
- not to take other actions that would be contrary to the applicable law, morality or violate the rights and personal interests of the Service Provider and third parties.
- The Consumer / Customer undertakes to use the content posted on the Site solely for his/her own use and for the purpose of performing the concluded Agreement. The use of resources and functions available on the Site for other purposes requires a separate, prior and written consent of the Service Provider.
- In the event that the Consumer/Customer using the Site violates these Terms of Service or the applicable laws, or otherwise acts to the detriment of the Service Provider and third parties, the Service Provider may limit their access or terminate their access to the Site with immediate effect. The Client shall be informed of the measures taken immediately. Repeated access to the Site requires the prior consent of the Service Provider.
- The Service Provider undertakes to immediately repair any defects that prevent or hinder access to the Service.
- The Service Provider shall not be liable for any interruptions in access to the Site and provision of the Services caused by force majeure, other random events, equipment failures, cyber attacks (e.g. DDOS), interruptions in the power supply or communication with the Internet, unauthorised interference by the Customer or third parties, or faulty operation of telecommunications systems and software installed on the Customers’ computer equipment.
§ 5. CONCLUSION OF CONTRACT AND USE OF SERVICES
- The use of the Services is possible after the free Consumer’s / Customers’s Account has been set up, the details of the payment card from which payment will be made have been provided, the Terms of Service have been accepted, the Price List has been read, information on Service Packages has been instructed on the Site and the Subscription Fee has been paid.
- A Consumer Account / Customer Account is created by filling in the registration form available on the Site and providing data consistent with the actual state of affairs together with an e-mail address.
- The Customer undertakes to maintain the confidentiality of the information allowing access to the Consumer’s Account / Customer’s Account.
- Consumers / Customers can use the Services in the following way:
- Free of charge – within a free trial period (pursuant to § 6(9) of the Terms of Service) or within a trial period individually granted by the Service Provider;
- For a fee – within the packages specified in the Price List
- The subscription period of the Services is one month. The duration of the Service within the purchased subscription starts from the day of Service activation.
- The agreement is concluded at the time of confirmation of its conclusion by the Consumer / Customer, which occurs as a result of the correct payment of the Service.
- Orders that cannot be paid for correctly will be cancelled.
- Orders for Services are accepted and registered by the Service Provider automatically and are executed only in areas not covered by European Union sanctions.
- Ordered Free Services will be activated within 24 hours from the confirmation of their order by the Consumer / Customer, while ordered Paid Services will be activated within 24 hours from the posting of the Subscription Fee, the amount of which depends on the selected Package of Services according to the information provided in the Service (Price List, Service Package).
- The free Service will be automatically extended according to the selected package by the Client if the Client does not resign from the Service before the end of the free period.
- The Consumer / Customer, both during and after the Free Service, has the opportunity to conclude a Paid Agreement by paying for the selected package from the Price List.
- The Customer / Consumer at any time, before the end of the current Billing Period, has the right to change the Subscription Fee and Service Package. In order to do so, a change must be made on the Price List page with a previously registered e-mail account. A new billing period within the new Service Package starts to run after the end of the current Billing Period.
§ 6. PAYMENTS
- The Consumer / Customer is obliged to pay for the Service against payment at the moment of confirm the Service order, otherwise the Service Provider has the right
to withdraw from the Agreement and cancel the order.
- The transaction will be settled by debiting your credit or debit card from Stripe’s intermediary (information available at https://stripe.com/en-pl).
- The moment of payment is the date on which the payment is credited to the Service Provider’s bank account.
- The Service Provider shall issue an invoice to the Consumer / Customer based on the data indicated during the registration of the Consumer’s Account / Customer’s Account. If the Customer is a VAT payer, he or she should, during registration or in the order, state his or her VAT number and indicate whether a VAT invoice is to be issued. If the Consumer wishes to receive a VAT invoice, he should provide his VAT ID number during registration or in the order and indicate whether a VAT invoice is to be issued. The service provider shall deliver the invoice to the e-mail address provided by the service provider within 7 days of its issue.
- Costs related to the execution of payments shall be borne by the Service Provider.
- Any changes to the Subscription Fees will be announced in the Service by publishing the current Pricelist. In the case of a Consumer, the current Price List will be delivered by e-mail. The absence of the Consumer’s objection to the proposed changes within 14 days from the notification is tantamount to acceptance of the new Regulations. In case of objection, the Agreement shall be terminated on the day before the new Price List enters into force.
- The change in the Price List does not change the amount of Subscription Fees paid by the Consumers/Customers on the basis of the Agreement concluded before the amended Price List was published.
- By concluding the Agreement, the Consumer agrees to provide the Service immediately after concluding the Agreement and paying the fee in accordance with the Agreement, assuming that gaining access to the Service before the expiry of the 14-day period for withdrawal from the Agreement results in the expiry of the right to withdraw from the Agreement within 14 days of its conclusion and to demand the return of the Subscription Fee paid.
- The Consumer is entitled to a 24-hour trial period (from the moment the Service is activated) on the first contract conclusion. In the case of termination of the contract within this period, the Service Recipient shall refund the subscription fee to the Consumer within 7 days. At the same time, the Consumer will lose the right to use the Service in the remaining settlement period.
§ 7. TERMINATION OF CONTRACTS
- The Service Agreement shall be terminated:
- in relation to the Service of running the Consumer’s / Customer’s Account – at the moment the Consumer / Customer submits an instruction to delete the Account (by cancelling the subscription in the intermediary entity of Stripe or in the service panel or sending a declaration of deletion of the account to the Service Provider’s e-mail address),
- with regard to the Service provided free of charge – after the expiry of its duration and due to failure to pay the Subscription Fee for a paid Service;
- with regard to the Service provided against payment – at the end of the period for which the Service was purchased and the lack of continuation of the Agreement for the subsequent billing period, which should be understood as the lack of payment of the Subscription Fee for the subsequent billing period.
- The Consumer / Customer may terminate the Agreement without giving reasons by cancelling the subscription at Stripe’s intermediary or in the service panel. Then the Agreement expires at the end of the current Settlement Period, and fees previously paid are not refundable.
- The Service Provider shall have the right to terminate the Agreement without notice in the case:
- The Consumer / Customer has provided false and incomplete data, which are necessary for the implementation of the Agreement,
- A reasonable suspicion or statement that the Consumer / Customer is using the Services in a manner inconsistent with the Regulations or in a manner that generally violates applicable law, or in a manner that violates the rights of third parties.
§ 8. THE COMPLAINT PROCEDURE
- If there are any objections to the functioning of the Site, in particular to the System and the provision of Services by the Service Provider, the Consumer / Customer may file a complaint by sending it to the following e-mail address: email@example.com or via the contact form available on the Site.
- The complaint must be indicated in the complaint form:
- e-mail address assigned to the Consumer/Customer and contact details,
- subject of the complaint – indication of the irregularities together with the date and duration of their occurrence,
- the proposed way of resolving the complaint.
- The complaint will be dealt with immediately, no later than 14 days from the date of submission of the complaint, and the method of settlement will be provided by the Service Provider to the Consumer / Customer by e-mail to the e-mail address assigned to the Consumer / Customer Account.
- Any other comments regarding the functioning of the Service and questions regarding the Services should be sent via e-mail to the following e-mail address: firstname.lastname@example.org
§ 9. TECHNICAL SUPPORT, MAINTENANCE AND TECHNICAL BREAKS
- During the term of the Agreement, the Consumer / Customer has the opportunity to use the Service Provider’s technical support to the extent related to the use of the Service under the Subscription Fee.
- To receive technical support, please send a problem report to the e-mail address: email@example.com or via the contact form indicating the type of irregularities and errors in the System.
- Service Provider’s technical support does not apply to:
- elements that can be modified by the Consumer/Customer on their own,
- errors that have arisen as a result of unauthorised interference by the Consumer / Customer in the Service settings,
- problems resulting from the failure of the Consumer / Customer to meet the technical requirements that are necessary to use the Service.
- The Service Provider reserves the right to temporarily restrict access to the Service in order to make improvements or carry out necessary repairs and maintenance work. The aforementioned restrictions shall not exceed a maximum of 4 hours per month.
- Maintenance work and technical interruptions, except for exceptions due to random events, will be carried out as far as possible during the night.
§ 10. PERSONAL DATA PROTECTION AND CONFIDENTIALITY
- Consumers / Customers using the Site (setting up a Consumer Account / Customer Account, placing an order for Services) provide the Service Provider with their personal data such as: name and surname, e-mail address, telephone number
- The provision of personal data by the Consumers/Customer is voluntary, however without providing it, it may not be possible to use the individual Services.
- The administrator of the personal data of the Consumers/Customer is the Service Provider
- The Service Provider processes personal data in order to provide services by electronic means, including in particular the conclusion, performance and settlement of Contracts.
- The service provider makes efforts to ensure the security and confidentiality of personal data, in particular by carrying out processing activities in accordance with the applicable laws (GDPR and sector-specific regulations) and providing appropriate security measures.
§ 11. ENTRUSTING PERSONAL DATA PROCESSING
- The controller shall entrust the Processor, pursuant to Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “Regulation”), with the personal data to be processed pursuant to the principles, to the extent and for the purpose specified below.
- The controller declares that he or she is authorised to process the data to the extent that he or she entrusts the processing.
- The processor undertakes to process the personal data entrusted to it in accordance with these regulations, as well as with the Regulation and other generally applicable laws protecting the rights of data subjects.
- The processor declares that it provides sufficient guarantees for the implementation of appropriate technical and organisational measures to ensure that the processing will meet the requirements of the Regulation and protect the rights of data subjects.
- The processor will process free of charge data entrusted to it under this Agreement concerning natural persons participating in the Administrator’s events, which include the following information: first and last name, e-mail address, telephone number
- Personal data entrusted by the Administrator will be processed by the Processing Entity solely for the purpose of providing the ordered Services.
- In relation to the entrusted personal data, the following categories of processing activities may be undertaken: recording, storing, developing, modifying, sharing, destroying, archiving.
- The scope of entrustment can be extended or limited at any time by the Administrator. The scope of entrustment may be limited or extended by the Administrator by sending information on the subject to the processor in electronic form (to the e-mail address firstname.lastname@example.org). If the Processor does not react within 5 working days of the date of sending the message by the Admin, the Processor shall be deemed to have accepted the change of the scope of entrustment.
- The processing entity undertakes to process the data entrusted to it only on the documented instruction of the Administrator.
- When processing personal data entrusted to the processor, the processor undertakes to properly secure the personal data entrusted to it by applying appropriate technical and organisational measures ensuring an adequate level of security corresponding to the risks associated with the processing of personal data referred to in Article 32 of the Regulation.
- The processor undertakes to exercise due diligence in processing the personal data entrusted to it.
- The processor undertakes to authorise the processing of personal data by all persons who will process the data entrusted to it for the purpose of implementing this agreement and to train them in data protection.
- The processor shall ensure that persons authorised by the processor are bound to keep the data processed secret. The obligation of secrecy should cover both the period of employment or cooperation of those persons with the processor and after its termination.
- The processor undertakes to keep a register of all categories of personal data processing activities carried out on behalf of the Administrator.
- A processor shall, upon termination of the provision of the services relating to the processing of the data entrusted to it returns Any personal data shall be erased from the controller and existing copies shall be deleted or a written confirmation of their destruction shall be sent to the controller, unless Union law or Member State law requires the storage of personal data.
- As far as possible, the Processor shall assist the Controller to the extent necessary to comply with the obligation to respond to the data subject’s requests and to comply with the obligations set out in Articles 32 to 36 of the Regulation.
- Upon finding a breach of the protection of personal data entrusted to it, the processing entity shall notify the Administrator not later than within 24 hours from the finding.
- Until the processor is instructed to deal with a data protection breach, the controller shall take, without undue delay, all actions aimed at limiting and remedying the negative effects of the breach.
- The processor shall document any breach of protection of personal data entrusted to it by the Administrator, including the circumstances of the breach and the remedial actions taken, and shall make this documentation available to the Administrator.
- The processor is responsible for the actions of its employees and other persons through whom it processes the personal data entrusted to it, as for its own actions and omissions.
- A processor may entrust the processing of personal data entrusted by the Administrator to Microsoft for the purpose of providing the Microsoft Azure cloud computing service. The transferred data will be used exclusively for the purposes of Imcado Service operation. The Microsoft data centers where the data is stored are located in the EU Member State. They provide an adequate level of protection. Details of Microsoft Azure services – the level of security and compliance with the GDPR data protection regulations (DPAs) – can be found at the following address: https://azure.microsoft.com/pl- en/overview/trusted-cloud/
- The processor may entrust personal data covered by this agreement for further processing to sub-contractors only for the purpose of performing the agreement, after obtaining the prior written consent, including in electronic form, of the Data Controller.
- The transfer of entrusted data to a third country may only take place on written instructions from the controller, unless such an obligation is imposed on the processor by Union law or the law of the Member State to which the processor is subject.
In this case, prior to the start of the processing, the processor shall inform the controller of this legal obligation, unless such information is prohibited by law for reasons of substantial public interest.
- The subcontractor of the contract referred to in § 5 section 1 should meet the same guarantees and obligations as those imposed on the Processor in this contract.
- The processor shall be fully liable to the controller for failure to comply with the data protection obligations incumbent on the subcontractor as for its own actions or omissions.
- The processor shall be responsible for providing access to or using personal data contrary to the content of the agreement, and in particular for providing access to personal data entrusted for processing to unauthorised persons.
- The processor shall be liable for damages caused by the processing of personal data in a way that violates the provisions of the Regulation, if it has not fulfilled the obligations imposed on it by the Regulation or if it acted outside the Administrator’s lawful instructions or against those instructions.
- The processor shall be obliged to cooperate with the controller and, at the controller’s request, to establish the causes of damage to the data subject, ensuring that this obligation is fulfilled directly by the entity to which the data subject entrusts the processing.
- Where both the controller and the processor are liable for damage caused by processing, they shall be jointly and severally liable for the entire damage.
- The Processor undertakes to immediately inform the Controller of any proceedings, in particular administrative or judicial proceedings, concerning the processing by the Processor of personal data specified in the contract, of any administrative decision or ruling concerning the processing of such data, addressed to the Processor, and of any planned, if known, or performed controls and inspections concerning the processing of such personal data at the Processor. This paragraph concerns only personal data entrusted by the Data Controller.
- The time of personal data processing by the Processing Entity is not longer than it is required to ensure proper provision of the Service, i.e. from the moment of creating an account in the Service to 6 (in words: six) months after deleting the account in the Service. The period of thirty days of data processing is connected with the existence of Service back-ups, thanks to which the Service Provider allows to maintain data integrity during Service provision. The period of data processing may be longer if Polish or EU law imposes such obligation on the Service Provider.
- The processing entity undertakes to keep secret all information, data, materials, documents and personal data received from the Data Administrator and persons cooperating with it, as well as data obtained in any other way, whether intended or accidental, in oral, written or electronic form (“confidential data”).
- The Processor declares that due to the obligation to keep confidential data confidential, it will not be used, disclosed or made available without the written consent of the Data Administrator for any purpose other than the performance of the Agreement, unless the need to disclose the information held results from the applicable laws or the Agreement.
§ 12. RIGHTS ON INTANGIBLE ASSETS
- The Service Provider reserves that all logotypes, photographs, graphic elements and any other works included in the Service within the meaning of the provisions of the Act on Copyright and Related Rights shall benefit from the protection provided for in the generally applicable law.
- The use of the Service does not mean the acquisition of any rights on intangible assets to the works located in the Service. Without the prior consent of the Service Provider, it is forbidden to copy, distribute, use or modify any components of the Website and the System software.
§ 13. FINAL PROVISIONS
- These Terms and Conditions are available free of charge on the Site for each Service Recipient.
- The service provider reserves the right to make changes to the content of the Regulations subject to the protection of acquired rights.
- The Service Provider shall inform the Customers/Consumers of changes to the Terms and Conditions no later than 30 days before they are scheduled to come into force through: displaying an announcement and publishing the new Terms and Conditions on the Site and sending information about the planned change by e-mail to the e-mail address assigned to the Customer/Consumer Account. If the Customer/Consumer does not object to the proposed changes within 14 days of notification, the new Terms and Conditions shall be deemed accepted. In the case of objection, the Agreement shall be terminated on the day before the entry into force of the new Regulations.
- The regulations are valid from 23.03.2020.
- Any disputes under these Regulations shall be resolved by amicable negotiations, and in case of disagreement – before a common court having jurisdiction over the seat of the Service Provider in the case of Service Recipients and before a court chosen by the Consumer in the case of the Consumer.