Terms and Conditions of Locatick

§1 Definitions

1. Service Provider – Locatick Limited Liability Company based in Katowice, at Teatralna 17 A, 40-003 Katowice, registered in the National Court Register maintained by the District Court Katowice East in Katowice, VIII Commercial Division of the National Court Register, under the number KRS 0000775881, share capital of 6,750.00 PLN, having tax identification number NIP: 9542802551 and REGON number: 382778002.
2. Locatick Service (hereinafter also referred to as the Service) – a service performed by the Service Provider on behalf of the Service User, consisting of providing the functionality of the Locatick System electronically, ensuring the efficient operation of the Locatick System, and storing, processing, and securing data entered by the Service User into the System. The service is provided under the terms specified by these Terms and Conditions.
3. Locatick System (hereinafter also referred to as the System) – software installed on the Service Provider's servers, available through an internet browser, accessible after logging in with a login and password assigned to the Service User.
4. Service User – entity commissioning the Service Provider to provide the Service.
5. Administrator – a user of the Service User who has created an account in the System and has the highest privileges within the account, or a User to whom these rights have been granted.
6. User – a person added by the Account Administrator with their own individual login and password. The Account Administrator is also a user.
7. Agreement – an agreement between the Service Provider and the Service User regarding the provision of services within the System under the terms and conditions described in these Terms and Conditions. Based on the agreement, the Service Provider commits to providing the Service, and the Service User commits to paying for the use of the Service.
8. Company Account (hereinafter also referred to as Account) – contains data entered by the User, a specified set of functionalities, and a validity period. Within the account, one or more Users have access to the Service. To start using the Service, the Service User must create a Company Account in the System by completing an electronic registration form. The Account enables configuring the System settings within the scope of the Service and within the scope provided by the Service Provider.
9. Price List – a list of current charges for using paid features of the System available on the website www.locatick.com
10. Settlements – payment for the period chosen by the Service User.
11. Billing Period - the period of access to the System for which the Service User pays. It includes a month of service use and starts from the day the paid account is activated until the same day in subsequent months.
12. Trial Period – the Service Provider provides the possibility to set a free period of using the System by the Service User. Unless otherwise agreed between the Service Provider and the Service User, the trial period means a period of 14 days during which the Service User has access to the full range of Service functionalities. This period is free of charge and aims to test the capabilities of the System without incurring a fee and concluding an agreement or without the need for its extension. In specific cases, the trial period may be extended after explicit consent from the Service Provider.

§2 General Provisions

1. The terms and conditions define the terms and conditions for using the Locatick System (hereinafter referred to as the System)
2. The provisions of the terms and conditions together with the laws in force in the territory of the Republic of Poland determine the rights and obligations of the persons using the System, as well as the rights, obligations, and scope of liability of the entity managing the System (Service Provider).
3. Using the System requires prior acceptance of these Terms and Conditions.
4. The Terms and Conditions apply to all services provided through the System, unless special provisions contained in separate agreements state otherwise and explicitly exclude the application of certain provisions of the Terms and Conditions.
5. The Service Provider declares that it has full copyright and property rights to the System, is authorized to provide access and allow the use of the System, which the Service User acknowledges.
6. Changing the terms of tariff plans or the price list does not constitute a change to the terms and conditions.
7. The Service Provider reserves the right to modify the terms and conditions of the Service.
8. Changes regarding the terms and conditions, the price list, or the conditions of tariff plans take effect from the first day of the next calendar month if they have been published no later than 14 days before the end of the month.
9. The Service Provider reserves the right to add, remove, and modify tariff plans and the price list. In the event of such a change, the Service User will be informed by email about the changes.

§3 Conclusion and Duration of the Agreement

1. The Agreement is concluded electronically or in writing.
2. The agreement is entered into by filling out an electronic registration form and creating a Company Account by the Service User, and by accepting the presented terms and conditions at the first login of the User. The moment of the first login, consisting of entering the User's email address, password, and pressing the "Log in" button, is recognized by the Service Provider as the acceptance by the Service User of the presented offer and constitutes the moment the Parties enter into an Agreement for the provision of services, the content of which is regulated by these Terms and Conditions.
3. The scope of the Service provision and its price depend on the number of Users in the System according to the current price list on the website www.locatick.com.
4. The Service Provider and the Service User may expand the scope of the provided Service with individually priced additional services, including system configuration, data import, training, or programming work. The scope of paid additional services is subject to acceptance by the Service User each time.
5. The conclusion of an agreement or agreements in writing by the Service Provider with the Service User does not exclude the application of the provisions of the Terms and Conditions, unless the special provisions contained in separate agreements state otherwise and explicitly exclude the application of certain provisions of the Terms and Conditions.
6. The Service Provider does not refund the fee paid in advance for an unused period in the event of non-use or cessation of use of the Service by the Service User.
7. The Service User has the right to terminate the Agreement in the event of non-acceptance of the new terms and conditions, tariff plans, or price list, in the period between the publication of the new terms and conditions, tariff plans, or price list, and their entry into force. In such a case, the Service Provider undertakes to refund the fee paid in advance for the unused period.
8. Terminating the agreement is associated with the irreversible deletion of the Company Account along with all data. The actual deletion of data from the System may take up to 14 calendar days from the moment of termination of the Agreement.
9. Arrears in payments for the Service for a period longer than 30 days are treated as resignation from the Service by the Service User without giving a reason. In such a case, the Service Provider may delete the Service User's Account.

§4 Settlements and Payments

1. The use of individual Services provided by the Service Provider within the System is payable, except for the Trial Period.
2. For the Service, the Service User commits to paying the fee for the given Billing Period (month or year) in advance in the amount specified in the Price List or individually determined starting from the day it comes into effect.
3. After the expiration of the paid Billing Period, the service will be automatically extended for another identical Billing Period, and payment is required according to the current price list.
4. Payments are made to the Service Provider's account: Locatick Limited Liability Company, Porcelanowa 23, 40-246 Katowice, ING 20 1050 1214 1000 0090 8056 7739.
5. A VAT invoice for using the Service will be issued after the fee is paid.
6. If the Service User does not pay the fee for the next Billing Period, the Service User's account will be blocked 14 days after the start of the unpaid Billing Period.
7. Possible unlocking of the account is possible through contact with the Service Provider.
8. If the Service User decides to resume the service, they will be required to pay the Service Provider the full fee for the entire period of suspension or restriction of the Service User's access to the System.
9. After 30 days from the blocking of the account, if the Service User does not pay for the provision of the Service in accordance with the terms defined in these Terms and Conditions, it is considered that they have ceased using the Service, and therefore the Service Provider has the right to permanently delete the account, along with all data and backup copies.

§5 Rights and Obligations of the Service User

1. The Service User owns the data entered into the System and bears sole responsibility for the content of these data.
2. The Service User, who has created an account in the System, takes full responsibility for the actions of users they have added to their account.
3. The Service User commits to using the Service in a way that does not infringe the rights of third parties (personal rights, copyrights), good manners, and legal regulations.
4. The Service User is entitled at any time to stop using a specific service or all services within access to the System.
5. The Service User is entitled to free technical support in terms of using the System. Reports should be made by email to helpdesk@locatick.com. Technical support aims to eliminate errors or other technical problems to ensure the correct functioning of the System. Support does not include solving problems unrelated to the functioning of the System.
6. The Service User consents to remote access by the Service Provider to the IT resources related to the System, by persons indicated by the Service Provider.
7. The Service User commits to timely payment of charges to the Service Provider arising from the Agreement, the Terms and Conditions, or separate agreements concluded by the Parties.
8. The Service User agrees that all notifications, information, or other messages from the Service Provider related to the provision of Services will be sent electronically to the Service User's email address.
9. The Service User commits not to infringe the intellectual property of the Service Provider in terms of using solutions uniquely appearing in the Service.
10. The Service Provider may use the logo and the company name of the Service User for marketing purposes by placing them on the reference list located on the Service Provider's website and in promotional materials, and the Service User agrees to their use for this purpose. The Service User has the right to object to the use of their logo and/or company name, for the purpose mentioned above, electronically to the Service Provider's email address.

§6 Rights and Obligations of the Service Provider

1. The Service Provider commits to providing the Service User access to the System and the data and information posted there by the Service User.
2. The Service Provider manages the data transmitted by the Service User only to the extent necessary for the proper provision of services and without interfering with the content of these data. The Service User bears sole responsibility for the content of the data posted by them in the System.
3. The Service Provider does not examine whether the data posted in the System by the Service User are personal data within the meaning of Article 28(3) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. If the information posted by the Service User in the System contains personal data within the meaning of the data protection law, the data controller is the Service User or a person designated by them.
4. By providing access to the System, the Service Provider assigns the Service User an Account or Accounts. Each account is secured with a password, which is set by the Service User. The Service User is obliged, before starting to post data in the System, to protect the password from being made available to unauthorized persons and to change passwords periodically, no less frequently than every six months.
5. The Service Provider reserves that due to the properties of the System, the password individually configured by the Service User is not known to the Service Provider, and in the event of a loss of the password, the Service Provider provides support service to regain access to the System.
6. The Service Provider is not responsible for obtaining data from the System, their unauthorized modification or deletion, resulting from the Service User's non-compliance with procedures related to changing passwords or resulting from providing a third party with the login and password by the Service User or User.
7. The Service Provider is not responsible for disruptions in the provision of the Service caused, among others, by:
   1. improper or faulty functioning of the Service User's internet connection,
   2. improper or faulty functioning of devices used by the Service User to use the System,
   3. improper or faulty functioning of the internet browser used by the Service User,
   4. actions of third parties,
   5. reasons independent from the Service Provider, including technical failures of server equipment used to support the System.
8. The Service Provider is not liable for any damages resulting from the use, inability to use, or incorrect use of the System by the User unless such damages resulted from intentional actions of the Service Provider.
9. The Service Provider may cease providing the Service (terminate the Agreement) without a refund and block access to the Account with immediate effect if the Service User or User:
   1. provided false information during the ordering of the Service,
   2. violates the provisions of the Terms and Conditions, despite prior notification by the Service Provider under the threat of cessation of providing the Service,
   3. uses the Account in a manner contrary to applicable law,
   4. has not paid the due remuneration to the Service Provider, despite prior notification of the obligation to pay under the threat of cessation of providing the service.
10. After 60 days from the blocking of the Account and in the absence of contact from the Service User or non-compliance by the Service User with warnings and calls from the Service Provider, the Service Provider may terminate the agreement with immediate effect, in which case the Service Provider reserves the right to permanently delete the Account along with all data entered by the Service User or User.
11. The Service Provider commits to performing data backups and storing them in accordance with security standards. In the event of a failure, the Service Provider reserves the right to restore data from the last performed security backup.
12. The Service Provider has the right to make updates and improvements to the System and to block access to the System for the duration of update works, informing the Service User in advance about the planned update works.

§7 Complaints

1. All complaints should be reported to the Service Provider's email address: info@locatick.com.
2. A complaint regarding the improper functioning of the System should contain at least information about: the Account, User, time, and circumstances of the problem.
3. It is advisable to include in the complaint the type and version number of the internet browser used.
4. After filing a complaint, the Service Provider may, within 2 business days, contact the Service User to request additional information necessary for the proper consideration of the complaint.
5. Complaints will be considered within 30 days from the date of notification or from the date of obtaining a response to questions asked by the Service Provider.
6. The Service Provider reserves the right to refuse to consider a complaint submitted after 14 days from the occurrence of the problem.
7. After considering the complaint, the Service Provider will contact the Service User informing them of the findings and further actions.
8. If, as a result of the reported complaint, the Service User could not use the Service in accordance with the Terms and Conditions, discounts and free periods of using the System are envisaged. The result of a positively considered complaint does not include financial compensation.
9. The Service Provider reserves the right to intervene in the technical structure of the Account, to diagnose irregularities in the functioning of the System services, and may also make changes or otherwise affect the technical side of the Account, to modify or restore its proper functioning.
10. The Service Provider may use the data collected in the System to conduct analyses of the use of the System's features, understand how Users work, improve the quality of the services provided, and develop new or improved features of the System. If such analysis requires examining the data of companies or individuals entered by the Service User into the System, such analysis can be conducted only on anonymized and aggregated data.

§8 Intellectual Property Rights Protection

1. The Service Provider declares that it is authorized to provide the Service.
2. The graphic design, solutions used, content layout, and the concept of working with the System constitute works within the meaning of the Act of February 4, 1994, on copyright and related rights and as such enjoy protection provided for in the legal provisions.
3. The use of the System by the Service User or other persons does not imply the acquisition of any rights to intangible goods to the works made available.
4. Copying, modifying, or distributing the System in whole or in part, as well as modifying or using it in a way other than specified in the Terms and Conditions without written consent from the Service Provider, is prohibited.

§9 Data Security

1. The Service Provider ensures taking all necessary measures to securely store and archive the data stored in the System by the Service User.
2. The Service Provider ensures that access to the System is possible only through an SSL-encrypted connection, authorized by an appropriate certificate.
3. All data entered directly, through the API, or obtained via available integrations (including email) are maintained on Server Infrastructure located within the European Economic Area.
4. Backup copies of data are created no less frequently than every 24 hours, archived in independent Server Infrastructure, and maintained for a period not shorter than 14 days from the day of creating the backup copy.
5. The Service Provider may use the data collected in the System to conduct analyses of the use of the System's features, understand how Users work, improve the quality of the services provided, and develop new or improved features of the System. If such analysis requires examining the data of companies or individuals entered by the Service User into the System, such analysis can be conducted only on anonymized and aggregated data.

§10 Data Processing Agreement

1. The processing of personal data in connection with the use of the System is subject to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“GDPR”).
2. Based on the Data Processing Agreement (“Agreement”), the Service User as the Data Controller within the meaning of Article 4 GDPR (“Controller”) entrusts the Service Provider as the Data Processor within the meaning of Article 4 GDPR (“Processor”) with the processing of personal data specified in Annex A to the Data Processing Agreement (“Personal Data”). Changing the scope of entrusted processing does not require an annex, but only the consent of both Parties expressed in written or electronic form (including email) by persons authorized to make declarations. Changing the scope of entrusted processing as specified in the preceding sentence may not lead to an expansion of the obligations or a limitation of the rights of the Processor, arising from the Terms and Conditions, including in terms of due remuneration.
3. The Processor processes Personal Data exclusively in accordance with these terms and conditions and within the scope specified therein.
4. The Processor is obliged to process personal data in accordance with the GDPR, other applicable legal provisions, and the Agreement.
5. The Processor is obliged to:
   1. apply all adequate technical and organizational measures to secure Personal Data on the principles specified in Article 32 GDPR;
   2. assist the Controller in fulfilling the obligations specified in Articles 32–36 GDPR, taking into account the nature of the processing and the information available to the Processor;
   3. The Processor immediately informs the Controller by email about breaches of personal data protection at the address: info@locatick.com.
   4. process Personal Data only on documented instructions from the Controller, unless such an obligation is imposed on it by applicable national or EU law; in such a case, before starting the processing, the Processor informs the Controller of this legal obligation, unless the law prohibits providing such information due to an important public interest; documented instructions from the Controller are understood to include, in particular, the provisions of these Terms and Conditions.
   5. to the extent possible, assist the Controller through appropriate technical and organizational measures in fulfillingthe obligation to respond to requests from the data subject in the exercise of their rights specified in Chapter III GDPR;
   6. ensure that persons authorized to process Personal Data are bound to confidentiality, unless they are persons bound to confidentiality under the law;
   7. after the end of the use of the Locatick System, return Personal Data and delete their copies, unless the law absolutely binding provides otherwise.
6. The provisions contained in the subparagraphs above do not expand the scope of the Processor's obligations in relation to the provision of services in accordance with the Terms and Conditions.
7. The Processor is entitled to further entrust the processing of Personal Data to further entities providing programming and IT services, as well as to the entity providing hosting services: Amazon Web Services. The Processor ensures that it will use only the services of such further data processors that provide sufficient guarantees to implement appropriate technical and organizational measures, so that the processing meets the requirements of the GDPR and protects the rights of the data subjects. The Processor is obliged to ensure that the further data processors are imposed with at least the same obligations as those imposed on the Processor under the Agreement. The Controller is informed that an objection to using further data processors may result in the impossibility of further performance of the Agreement by the Processor, about which the Processor will inform the Controller immediately.
8. The Processor will provide the Controller with the information necessary to perform his obligations related to the entrusting of personal data processing. The Processor will enable the Controller to conduct audits, including inspections, at a time agreed by the Parties, in the scope concerning the entrusting of personal data processing by the Processor, and will cooperate in this respect. The costs of the audit are borne by each Party regardless of its result. The Controller is obliged to maintain the confidentiality of all information obtained in connection with the conducted audit, including the results of the audit, and to ensure that the persons he uses to conduct the audit are also bound to confidentiality in this respect. The obligation to confidentiality is in force for the duration of the Agreement and indefinitely after its termination. In the event that the preceding sentence is found to be invalid or ineffective, the obligation to confidentiality will be in force for the duration of the Agreement and for a period of 10 years after its termination.
9. The Processor is obliged to ensure that each person processing Personal Data on his behalf processes them only on the instructions of the Controller.
10. The Processor will not transfer Personal Data outside the EEA unless it obtains separate permission from the Controller, which the Controller will not refuse without justified reasons, and such transfer will take place in accordance with the provisions of the GDPR.
11. The Agreement is concluded for the duration of the use of the Locatick System in accordance with the provisions of these Terms and Conditions. The Agreement may be terminated by the Controller with immediate effect in the event of gross or repeated violations of the Agreement, GDPR, or other applicable data protection law by the Processor – provided that the Processor is previously summoned to remove the violations, an additional deadline is set, no shorter than 7 days, and this deadline expires ineffectively. The termination of the Agreement requires a written form under the penalty of ineffectiveness.
12. The termination of the Agreement constitutes the basis for the Controller to cease using the Locatick System, while the provisions of paragraph 3 of these Terms and Conditions regarding the principles of terminating the agreement remain binding.
13. Changes to the Agreement are possible only in written form under the penalty of ineffectiveness, except in situations where the Agreement expressly provides for another form of making changes.
14. All terms written in capital letters and undefined in the Agreement have the meaning assigned to them in the Terms and Conditions.
15. Any disputes related to the Agreement will be settled by the court competent according to the main Agreement.
16. The Annex to the Agreement constitutes an integral part of it. The list of annexes is as follows: Annex A – Scope of entrusted personal data
    1. The nature and purposes of processing providing the Service, i.e., a service performed by the Service Provider on behalf of the Service User, consisting of providing the functionality of the Locatick System electronically, ensuring the efficient operation of the Locatick System, and storing, processing, and securing data entered by the Service User into the System. The Service is provided under the terms specified by these Terms and Conditions.
    2. Categories of persons whose data are concerned: Customers and users of the Locatick application
    3. Type of personal data: first name, last name, email address, phone number, GPS location data while using the application.
    4. Area in which personal data will be processed: EEA

§11 Final Provisions

1. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular the provisions of the Civil Code.
2. All information provided by the Service User to the Service Provider as suggestions for improvements, introduction of new functionalities are voluntary, and their provision to the Service Provider, unless the parties decide otherwise by way of separate agreements, means waiving rights to rights, licenses, or shares in the benefits achieved through the exploitation of the created improvements or new products.
3. The Service Provider is not obliged to introduce the reported changes, in particular changes concerning the application and entered data. In established circumstances, the Service Provider may propose the introduction of specific changes for a fee, based on an individually prepared estimate or as part of the support provided in connection with the Service.
4. The introduction of new functionalities to the System does not change the Terms and Conditions and does not require the consent of the Service User.
5. The invalidity of any of the provisions of the Terms and Conditions does not invalidate the entire Terms and Conditions, but only results in the repeal of the invalid provision of the Terms and Conditions, in place of which the nearest intentions of the Parties, valid provisions, will come.
6. The Service Provider reserves the right to transfer part or all of the rights and obligations arising from the Terms and Conditions to a third party or to conclude subcontracting agreements in this regard, which the User has agreed to by being bound by the Terms and Conditions. The User may not, without the written consent of the Service Provider, assign or waive rights and obligations arising from the Agreement and the Terms and Conditions.
7. During the term of the Agreement and for a period of 5 years from the day of its termination or expiration, the Parties are obliged to maintain secrecy regarding all data and information concerning the other Party, obtained while performing this agreement, and to maintain in complete secrecy all data and their copies, in particular:
   1. Information containing a description of the enterprise, operating strategy, and financial condition, as well as any other material ever received from the Party, indirectly or directly in connection with the performance of the agreement,
   2. Information disclosed, both in written and oral form, regarding or in connection with all future inquiries or investigations conducted by the Party.
8. Any disputes arising from the performance of the Service will be settled by the common court competent for the seat of the Service Provider.