Terms of use of the Trackero mobile application

§ 1

PRELIMINARY PROVISIONS

1. These Regulations define the rules for the functioning of the Trackero mobile application ("Application"), made available by the Administrator to Users.

2. The Regulations specify in particular the types and scope of services provided electronically, the conditions for providing services electronically, including the technical requirements necessary to use the Application, the conditions for concluding and terminating contracts for the provision of services electronically, the complaint procedure, the rights and obligations of its Users and the rules of liability of the Administrator and Users of the Application, in accordance with the Act of July 18, 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2013, item 1422).

3. Services are provided on the terms set out in the Regulations and generally applicable laws, and violation by the User of the provisions of the Regulations will result in consequences arising directly from the content of the Regulations and the aforementioned laws.

4. The content of these Regulations is provided to the User free of charge before installing the Application on a mobile device. Failure to accept the Regulations prevents the installation of the Application.

§ 2

DEFINITIONS

Regulations – means these regulations for the use of the Trackero mobile application.

Administrator – means the company Fides Alarm spółka z o.o. with its registered office in Krakow (postal code 30-694), at Kosocicka 24B, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000530678, NIP: 6793105322, REGON: 123243233.

Application – the application – i.e. the Trackero mobile application, which is used to catalog items in the possession of the Organization managed by the User.

The Application is prepared for the Android operating system, in the version for smartphones and tablets. The application is free to a limited extent.

User – a natural person with full legal capacity.

Organization – This is a space in the application within which the User uses its resources. The organization is created and managed by the User, who automatically becomes its Manager. The manager can invite other application users to the organization by providing their email address.

Account – kept for the User by the Administrator under a unique name, being a collection of resources where User data and information about his activities within the Application are collected, which the User manages independently.

Login – the User's name selected during registration in the Application, which the User will use when accessing the Account. The login may not contain vulgar, offensive or contrary to applicable law content, nor may it be identical to the login of another User, or violate other rules set out in the Regulations.

Profile – a collection of information, data and other elements presenting and describing the person of a given User, provided voluntarily and independently by the User to the Application, where they are made available and presented.

Services – services provided by the Administrator to the User in accordance with the provisions of the Regulations.

Blockade – permanent or temporary blockade of access of the User who violated the provisions of the Regulations or legal provisions, to the Application, Account or individual elements of the Application, depending on the discretion of the Administrator or a person designated by him; in situations indicated in the Regulations, temporary or permanent deletion of the User's Account is also provided for. A blockade may also occur if the User fails to pay the fee referred to in § 3 of these Regulations.

§ 3

GENERAL RULES FOR USING THE APPLICATION

1. The User may:

– change or delete User data in the Profile using the options contained in the Application;

– use the Application and its functionalities in accordance with its intended purpose and the rules of the Regulations.

2. The User is obliged to obtain appropriate rights and consents of authorized persons to place any materials in the Application, including photographs and films. Placing any materials in the Application by the User is tantamount to a declaration that the User has the necessary rights and consents in this regard, in accordance with the content of the declarations contained in § 8 of the Regulations.

3. The User is obliged in particular to:

– refrain from any actions that could hinder or disrupt the functioning of the Application and from using the Application and its functionalities in a way that is burdensome for other Users or the Administrator;

– respect personal and property copyrights as well as rights arising from the registration of inventions, patents, trademarks, utility models and industrial designs of other persons;

– refrain from any actions violating the privacy of Application users, in particular collecting, processing and disseminating information about them without their express consent, unless it is permitted by law and the provisions of these Regulations.

4. It is forbidden to use the Application and its functionalities for purposes other than those resulting from the nature and subject of the Application and resulting from these Regulations, including purposes other than using the Services, and in particular it is forbidden to:

– conduct any kind of agitation, including political or religious;

– send spam and unsolicited commercial information;

– take any actions that could cause damage, including in particular damage to the Administrator, other Users or third parties;

– place false or misleading information in the Application;

– place in the Application materials violating applicable law, Regulations, good manners, moral norms or principles of fair competition; vulgar, offending dignity, slandering or violating personal rights of other persons, including other Users or the Administrator, supporting radical social attitudes or proclaiming such views (any kind of racial, ethnic, gender, religious discrimination, etc.), false or misleading content;

– place erotic materials in any form;

– repeatedly place the same or similar photographs, content or other elements;

– place content unrelated to the subject or purpose of the Application;

– suggest in any way the identity or connections of the User with the Administrator or their actions;

– impersonate other Users, provide or suggest a false identity of the User.

5. The User bears full responsibility for using the Account and the Application in a manner inconsistent with the Regulations or generally applicable law.

6. A Blockade may be imposed on the User for non-compliance with the provisions of the Regulations or generally applicable legal provisions. The Administrator decides on the imposition of the Blockade.

7. If the Blockade concerning part of the Application's functionality does not result in the cessation of violation of the provisions of the Regulations or generally applicable legal provisions, access to the Application may be permanently blocked. Depending on the situation, all information about the User may also be removed from the Application.

8. The Administrator, including a person acting on his behalf, may remove materials placed in the Application in any way that do not meet or violate the provisions of the Regulations or generally applicable legal provisions, without prior notice or notification to the User.

§ 4

TECHNICAL REQUIREMENTS

1. To use the Application, it is necessary to have a mobile device (in particular a mobile phone, tablet):

– enabling the download and use of mobile applications,

– enabling a correct connection to the Internet. The costs of connection to the Internet shall be borne by the User, in accordance with the agreements concluded by the User with the telecommunications operator,

– having an operating system of at least Android 10 where the application market is Google Play Store or iOS at least 11 where the application market is Apple App Store.

The Administrator is not responsible for the Application's failure to operate or improper operation on a device that does not meet the technical requirements specified in §4 para. 1-2.

§ 5

REGISTRATION WITHIN THE APPLICATION

1. The User of the Application may be any natural person with full legal capacity who has installed the Application on a mobile device and accepted the provisions of the Regulations and provided their data during the registration or User change procedure.

2. By completing the registration procedure in the Application, which results in the creation of an Account, and concluding an agreement for the provision of services by electronic means. The User ensures and declares that he has read and accepted the content of the entire Regulations, and also undertakes to comply with them.

3. By registering in the Application, the User agrees to the publication of his Login, place and time of activity in the Application (e.g. with materials added by the User).

4. By registering in the Application, the User also agrees to:

a. collection by the Administrator of the User's personal data obtained during registration and their processing to the extent indicated in § 8 of the Regulations.

5. The User is obliged to provide, both during the registration process and at any time of using the Application, true and reliable information. Disclosure of irregularities in all or some of the data provided by the User may result in a Blockade.

6. Creating an Account requires the User to provide their first and last name, email address, phone number and password, which they will use when using the Application.

7. Information provided by the User to the Application during the registration procedure, Profile editing or use of the Application may be moderated by the Administrator; the Administrator may refuse to publish them within the Application.

8. The User may at any time delete their Account from the Application and uninstall the Application from the mobile device, and deleting the User's Account is tantamount to terminating the contract for the provision of services by electronic means, however, this does not preclude subsequent registration after reinstalling the Application. Along with the deletion of the Account, the User's Profile will be permanently and irretrievably deleted from the Application. After deleting the Account, it is not possible to restore it, but it is possible for the same User to create a new Account.

§ 6

USER ACCOUNT

1. The User's possession of an Account within the Application, as well as browsing and changing data, adding materials permitted by the Regulations is free of charge to a limited extent.

2. Within the free limited scope, the User can create one organization and invite three users to it and add up to 25 tools.

3. The User may expand their Organization. To do this, contact the Administrator via the form in the Application or by e-mail by writing to kontakt@trackero.io.

4. The User may conclude an agreement with the Administrator regarding the expansion of the Organization. Immediately after its conclusion, the Administrator will send a confirmation of the conclusion of the agreement to the User's e-mail address.

5. After concluding the agreement with the Administrator, referred to in § 7, and after the payment is credited to the administrator's bank account, the user will be able to use the application to the extent consistent with the concluded agreement.

6. The User may terminate the agreement at any time with effect at the end of the billing period. Limited access to the Application will be restored and the User will lose access to that part of their Organization that the User added above the free limit.

7. Accounts unused (no successful login) for a period longer than 6 months from the last login may be deleted without prior notice.

8. In the event of a User's violation of the Regulations or generally applicable law, the Account may be blocked (permanently or temporarily), or deleted without the need to provide a reason and inform about this fact.

9. Each newly created Account is an active Account to a limited extent after completing the registration process described in the Regulations.

10. The Administrator will assume that information and statements sent from the e-mail address provided by the User come from the User, and that actions taken by a person logged into the Application using the User's Login and password were taken by the User, unless the User provides evidence to the contrary.

11. All information placed in the Application must be true, reliable and not misleading.

12. Information should be updated as needed. Information must be updated in the event of significant changes or, for example, a temporary interruption in business operations.

13. An Account that does not contain complete mandatory data may be blocked or deleted.

14. Information and other materials placed in the Application may not violate the provisions of the Regulations.

15. The Administrator will not disclose the Login to third parties, unless required by an appropriate legal provision.5

§ 7

PAYMENTS

1. During the period of extended access to the Application, the User will have:

– the ability to add an additional number of users to their organization in accordance with the agreement concluded with the administrator.

– the ability to add an additional number of tools to the organization in accordance with the agreement concluded with the administrator

2. The Administrator does not charge any additional fees for access to the Application

3. In order to obtain a VAT invoice, the User should contact the Administrator before making the payment

§ 8

INTELLECTUAL PROPERTY RIGHTS

1. By placing any materials within the Application, the User declares that:

– is the sole owner of property copyrights or rights arising from an appropriate license, which rights he may freely dispose of and use, in particular those allowing the publication of materials in the Application and their public disclosure in this way;

– his author's and property rights do not threaten or violate the rights of third parties, in particular they do not violate their property and personal copyrights. The User ensures that he has satisfied or will satisfy by the date of placing the materials within the Application all rights of third parties related to them in connection with the content of these materials.

– in the event of a third party making claims arising from the violation of the rights specified above, he compensates the Administrator, as solely responsible, for the costs incurred in connection with claims for damages made against him, releasing the Administrator from all obligations that may arise from this title.

2. At the moment of placing materials within the Application, the User grants the Administrator a free, non-exclusive license without time and territorial restrictions to use the materials placed in the Application in whole and in fragments in all fields of exploitation known to the User and the Administrator at the time of granting the license, in particular in the scope of:

– recording on any carrier;

– reproduction by any technique, including: magnetic technique on video cassettes, audiovisual discs, photosensitive and digital technique including DVD, VCD, CD-ROM, computer recording technique on all types of media adapted to this form of recording, production of copies of the work by a specific technique, including printing, reprographic, magnetic recording and digital technique;

– public performance, exhibition, display, reproduction, including places accessible for an entrance fee;

– right of circulation in the country and abroad;

– lending, renting or exchanging carriers on which the work was recorded;

– exhibiting, displaying, broadcasting in whole or in any selected fragments by means of wired and/or wireless vision and/or sound by any technique – regardless of the system, standard and format by a terrestrial station, cable broadcasting,

– broadcasting in whole or in any selected fragments via satellite;

– integral and simultaneous retransmission by another television organization;

– preparation of foreign language versions;

– entering into computer memory and multimedia network in an unlimited number of broadcasts and print runs;

– use on websites;

– use in multimedia works;

– placing on the market using the Internet and other data transmission techniques using telecommunications, IT and wireless networks;

– using any fragments for promotional and advertising purposes;

– use in whole or in any selected fragments in interactive services, made available via the Internet and other data transmission techniques, including telecommunications, IT and wireless networks;

– making changes, abbreviations;

– retransmission and public disclosure in such a way that everyone can have access to it at a place and time chosen by them, in an unlimited number of broadcasts and print runs;

– implementation of any number of activities based on the materials.

3. At the same time, the User agrees to the performance and authorization by the Administrator of derivative copyrights to the materials and authorizes the Administrator to exercise author's supervision over the manner of using the materials. With regard to derivative works created on the basis of the materials, the User hereby grants irrevocable consent to their use to the full extent identical to the scope of use of the basic work. The Administrator has the right to transfer his rights in whole or in fragments to third parties (sublicense).

4. The User is not entitled to remuneration for granting the Administrator the above license.

5. The User has the right to place an unlimited number of materials in the Application, subject to the technical capabilities of the Application and provided that they cannot be identical materials.

6. The Administrator may remove materials considered by him to be contrary to the Regulations or generally applicable legal provisions without warning and the need to notify about this fact. Persistent placement of materials violating the Regulations or legal provisions may result in a Blockade.

§ 9

COMPLAINTS

1. Complaints regarding improper operation of the Application should be submitted to the e-mail address: kontakt@trackero.io within 14 (fourteen) days from the date of the event constituting the subject of the complaint. The date of receipt of the notification shall be considered the date of filing the complaint.

2. The complaint should contain:

– identification of the entity making the complaint (User's login),

– specification of the subject of the complaint and the reklamowanego period,

– presentation of the circumstances justifying the complaint.

3. The submitted complaint will be considered within 30 (thirty) days from the date of its receipt by the Administrator.

4. After exhausting the complaint procedure, the User has the right to pursue unsatisfied claims in a common court according to general jurisdiction.

5. The Administrator will make every effort to ensure that the Application and all Services provided through it operate continuously and without interruption, however, the Administrator is not responsible for disruptions and permanent exclusion of services caused by force majeure, failures or unauthorized interference by Users or third parties, insufficient bandwidth of the connection through which the User uses the Application, as well as violation of the terms of the Regulations by the User.

5. The Administrator reserves the right to temporarily completely or partially disable the Application in order to improve it, add services or perform maintenance, without prior notice to Users.

7. The Administrator reserves the right to implement in the Application, in all its aspects, functional, identification or other solutions that prove to be appropriate to the subject or technical conditions of the Application, in connection with the possibility of undesirable behavior or events or threatening the rights or interests of Users, the Administrator or the legitimate interests of third parties.

8. The Administrator's decision to permanently disable the service is tantamount to termination of the service agreement and should be presented to the User with seven days' notice.

§ 10

PERSONAL DATA

1. Detailed rules for data processing within the Application are set out in the Trackero Application Privacy Policy https://trackero.io/polityka-prywatnosci/, the content of which the User agrees to by accepting these Regulations.

2. The administrator of personal data provided by the User is the company Fides Alarm spółka z o.o. with its registered office in Krakow (postal code 30-694), at Kosocicka 24B, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000530678, NIP: 6793105322, REGON: 123243233.

3. By registering in the Application, the User may consent to the Administrator sending commercial information, in accordance with the provisions of the Act of July 18, 2002 on the provision of services by electronic means, to the e-mail address provided by the User. Commercial information may concern the Application, the Administrator's activities, its parent, subsidiary or affiliated entities, as well as its business partners.

4. Detailed information on data sharing is contained in the Trackero Application Privacy Policy https://trackero.io/polityka-prywatnosci/

5. Detailed information on the User's rights in connection with the processing of his data is contained in the Trackero Application Privacy Policy https://trackero.io/polityka-prywatnosci/

§ 11

FINAL PROVISIONS

1. All provisions of the Regulations may be changed by the Administrator at any time. Any change to the Regulations will be communicated to the User by publishing the changes in the form of a consolidated text of the Regulations on the website www.trackero.io and in the Application, along with information about their implementation.

2. The Regulations shall enter into force 14 days after their publication on the website www.trackero.io

3. After information about changes to the Regulations appears on the website www.trackero.io or in the Application, the User should immediately familiarize himself with the changes, as logging into the Account after the Regulations enter into force constitutes acceptance of the new content of the Regulations by the User.

4. If the User does not accept the changes to the Regulations, he should refrain from logging into the Account and immediately notify the Administrator of such a decision by e-mail to: kontakt@trackero.io

5. A declaration of non-acceptance of changes to the Regulations results in the deletion of the User's Account.

6. These Regulations shall enter into force on the date of their announcement and shall remain in force in this version until they are amended or repealed.