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REGULATIONS GOVERNING THE PROVISION OF SERVICES
WITH QALCWISE.COM PLATFORM

I. GENERAL PROVISIONS. DEFINITIONS

  1. On the basis of art. 8 paragraph 1 point 1 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws, no. 144 item 1204 with further amendments) qalcwise.com sp. z o.o., based in Warsaw, sets these terms of the provision of electronic services using a domain site: qalcwise.com, hereinafter referred to “Regulations”, and specifies the types, scope, and conditions of the provision of electronic services by qalcwise.com sp. z o.o., based in Warsaw, by means of the website qalcwise.com, the conditions of concluding and terminating service agreements, as well as complaint procedures.
  2. The following terms used in the Regulations have the following meaning:
    1. Service Provider – qalcwise.com limited liability company with registered office in Warsaw (address: 02-674 Warszawa, ul. Marynarska 15,) entered into the Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw, XIII Commercial Division, under KRS number 0000302926, NIP number 7010115493, with share capital of 50.000 PLN (fifty thousand zloty), e-mail address of the Service provider: qalcwise@qalcwise.com, phone number : +48 (22) 360 40 70, website address (Internet service) of the Service provider: http://qalcwise.com.
    2. Customer – a natural person with full legal capacity, or at least a limited legal capacity, or a legal person or an organizational unit without legal personality that uses the Service in any way. A person acting on behalf of Customers, legal persons or entities without legal personality, declares that he/she is empowered to act in their behalf by registering.
    3. Services – services provided by the Service Provider to the Customer by electronic means and through the Website. The Service is free of charge only in such cases and to extent which has been clearly indicated by the Service Provider.
    4. Website – platform on the domain: qalcwise com, by which the Service provider provides the Services.
    5. Account – Customer panel assigned by the Service Provider, accessible with an ID (login) (which is the e-mail address of the Customer provided during the registration on the website of the Service Provider) and password made by the Customer, enabling the use of Services, in which Customer data are saved.
    6. Agreement – an agreement for the provision of services by electronic means, the subject of which is the Service, concluded between the Service Provider and the Customer within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws no. 144 item 1204 with further amendments) when the Customer starts using the Service. Getting started requires acceptance of the Regulations by clicking on a relevant field. The Agreement is concluded under the conditions laid down in the Regulations, including its annexes, and in cases not covered by the Regulations, by the provisions of the Polish law.
    7. Price List – annex to the Regulations, specifying the amount and the conditions of fees for the use of the Service by the Customer, in accordance with the plan specified by the Customer.
    8. Consumer – Client who is a natural person and uses Services for purposes unrelated directly with his business or professional activity.

II. ACCOUNT REGISTRATION. AGREEMENT.

  1. The Customer using the Website, who wants to take advantage of the Services available through the Website, must accept the Regulations and commit to compliance with the rules contained within the Regulations.
  2. Perquisites for using the Service by the Customer are:
    1. acceptance of the Regulations and the Price List, as well as acceptance of the Privacy Policy of the Service Provider,
    2. granting a permit for processing personal data by the Service Provider in order to implement the Services,
    3. registering by creating Account on the Website, in accordance with the instructions provided by the Service Provider,
    4. payment of remuneration for the Service Provider, in accordance with the Price List and the selected Service package.
  3. The Consumer, while registering, can agree to the provision of the Services before the expiry of the deadline referred to in point VI of the Regulations. The user is informed that, in connection with agreeing to the Services in accordance with the terms mentioned above, in the event of withdrawal from the Agreement, he will have to pay the remuneration for the period in which he had access to the Website. If the Consumer exercises the right to withdraw after submitting the request to use the Service before the expiry of the deadline for withdrawal, then the obligation to pay for the access to the Website until withdrawal from the Agreement shall be calculated proportionally to the period of factual access to the Website and the remaining period of validity of the Agreement, while taking into account the amount of remuneration determined in accordance with the Price List.
  4. The Customer is obliged to provide true data, i.e. in accordance with the facts, in the course of registering and creating the Account.
  5. In the course of registration on the website of the Service Provider, the Customer submits his login and creates a unique password. Login, which is the address of the Customer’s e-mail, is a unique name that identifies the Customer on the website of the Service Provider. The Customer’s password is attributed to his login and provides additional protection of data entered by the Customer when using the Account and the Services. The e-mail address, submitted as a login, apart from identifying the Customer on the website of the Service Provider, is used to enable electronic communication between the Customer and the Service Provider.
  6. After registration and first login, the Customer will receive automatic feedback from the Service Provider, sent to the e-mail address indicated by the Customer, confirming the conclusion of the agreement and providing data needed to activate the access to/use of the Services (e-mail and password).
  7. The Customer may change his password at any time. This is done on the Customer’s account.
  8. The Customer should not disclose his password to unauthorized persons. The Service Provider does not store Customers’ passwords in his database, he stores only the result of their processing by means of cryptographic methods, and hence does not have the possibility to recreate them.
  9. The conclusion of the Agreement between the Service Provider and the Customer takes place when the Customer starts using the Service, i.e. when the Customer first logs in to the Account with his login and password. The Agreement is concluded under the conditions laid down in the Regulations, including its annexes, and in cases not covered by the Regulations, by the provisions of the Polish law. The Agreement is concluded for an indefinite period, provided that the possibility of using the Service by the Customer, including the length of the period in which it is possible to use the Service, depends on the type of package bought by the Customer in accordance with the Price List.
  10. The Customer is prohibited from delivering illegal content (data), i.e. prohibited by applicable law. In addition, the Customer is obliged not to use the Internet service and Website of the Service Provided in a way that distorts their operation, and is obliged to refrain from the following activities: (a) using Accounts of other Customers, unless other Customer provided data from his Account within the acceptable range, (b) unlawful entry into possession of passwords and logins of other Customer.
  11. Termination of the Agreement concluded between the Customer and the Service Provider shall take place upon the occurrence of one of the following events:
    1. the Customer deletes his Account by using the button “Delete your account”, which is available on the website for logged in Customers,
    2. the Customer submits a statement of termination via e-mail to the Service Provider,
    3. the Customer fails to pay the remuneration for the use of the Service within 14 (fourteen) days from the expiry of the time limit for such payment, and the Service Provider deletes the Account of the Customer after requesting the Customer to pay and after the expiration of the statutory period no shorter than additional 14 days.
  12. The Service Provider may:
    1. restrict access to the Website where the delay in payment of remuneration for the Services is not less than 7 (seven) days with the right to remuneration for this period, or
    2. delete the Customer’s Account if the Customer breaches: the principles set out in the Regulations, applicable provisions of law, or the rights of third parties, or provided that requests to stop such infringement or to restore the lawful status were sent to the Customer’s email address and the Customer did not follow the request. When it comes to the Consumers, the Service Provider declares to use the above mentioned permissions only in exceptional circumstances, in particular where the communication with the Customer does not change morally reprehensible behaviour of the Customer.
  13. In the event of termination of the Agreement, in any mode and by either Party, or expiry of the Agreement, in a situation where the Customer paid in advance and the period extends beyond the date of termination or expiry, the money paid by the Customer for the use of Services is non-refundable. The above provision does not apply to the Consumers, who always have the right to such refunds to the bank account designated by the Customer, proportionally to the period when the access to the Website was not used or in other cases provided for in the Regulations and the provisions of law.
  14. The Service Provider will not disclose or make use of the content provided in the Service for purposes other than support, maintenance, and provision of Services, or to ensure compliance with the provisions of law. The Service will be provided only on systems ensuring compliance with the mentioned security procedures and practices. The Service Provider meets all the requirements for the protection of his system against unauthorized access. The Service Provider undertakes to inform the Customer about all cases in which an unauthorized person/persons gained access to the data, or about any unauthorized disclosure of the content.
  15. In emergency and scheduled cases, the Service provider may, at regular intervals, carry out servicing within the time limits defined by the Service Provider. Other planned or unplanned downtimes may also occur. In such cases, the Service will not be available, provided that servicing or other planned downtimes will be carried out at night.
  16. The Customer will obtain all authorizations required by law before sharing personal data within the Service, and will ensure that such authorizations are valid within the period of the validity of the Agreement. The Customer will not use the Service along with personal data in a manner that violates applicable regulations on the protection of personal data. The Service Provider will remove any personal data upon termination or expiration of the Agreement.
  17. Unless the Regulations clearly provide otherwise, the Service is not intended for storing or receiving any:
    1. personal data or other data the loss of which could result in a violation of the requirement of confidentiality of personal data, and
    2. information about health status, in particular, allowing identification of a person.
  18. The Customer, who is not a Consumer, is liable for any costs the Service Provider may incur as a result of sharing such data by the Customer, in particular the costs arising from third party claims.
  19. In matters not regulated by the Regulations, in particular in the case of submitting declarations of will by electronic means, the following provisions apply: Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, no. 144 item 1204 with further amendments), Civil Code (Journal of Laws of 1964, no. 16 item 93 with further amendments), the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002, no. 101 item 962 with further amendments), the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2002, no. 22 item 271 with further amendments), the Act of 22 May 2003 on the insurance business (i.e. Journal of Laws of 2010, no. 11 item 66 with further amendments), and relevant legislation.
  20. In the course of registration, the Customer may, by selecting the appropriate option, submit a request for the provision of the Service before the expiry of the 14-days’ period to withdraw from the Agreement, which runs from the conclusion of the Agreement.

III. THE RANGE OF THE SERVICE PROVIDED BY ELECTRONIC MEANS

  1. On the basis of the Agreement concluded with the Customer, the Service Provider enables the Customer who uses the Service to:
    1. work on the Website in accordance with the scope of ordered Services and the Price List.
    2. store Customer data on the Service Provider’s server space.
    3. use free assistance concerning the use of the Service. Assistance is available at the following address: support@qalcwise.com and the telephone number of the Service Provider: +48 (22) 360 40 70 – applies only to the paid package of Services.

IV. TECHNICAL REQUIREMENTS.

Detailed technical requirements necessary for the use of the Service are specified by the Service Provided at the following address: https://qalcwise.zendesk.com

V. REMUNERATION OF THE SERVICE PROVIDER

  1. Remuneration of the Service Provider, payable by the Customer for the use of the Services, is defined in accordance with the price plan of the Customer and the Price List.
  2. The Customer acquires temporary access to the Service, the scope of which depends on the plan selected by the Customer, through the payment of remuneration in accordance with the Price List. The Customer gains access to the Website and Service when the payment is received by the Service Provider.
  3. The Customer receives a VAT invoice in respect of the provision of the Service.
  4. Payments for the use of the Service shall be made by the Customers with credit cards or by bank transfers, to the bank account indicated on VAT invoices. VAT invoices will be sent via e-mail or post, depending on the choice of the Customer.
  5. The Service Provider has the right to change the Price List in accordance with the procedure established for changing the Regulations.

VI. COMPLAINTS

  1. The Customer is entitled to submit a complaint via e-mail to the address of the Service Provider: reklamacje@qalcwise.com. Complaints should include (a) exact designation of the Customer, (b) a precise description of possible irregularities in the provision of the Service, (c) the date when the irregularity happened and its duration, (d) an indication of how the Customer wants the complaint to be handled.
  2. The Service Provider shall ask the Customer to supplement the complaint if necessary. Any additional inquiries or requests from the Service Provider will be made to ensure the best and fastest way of handling the complaint.
  3. Complaints will be addressed within 7 days. The Service Provider will notify the Customer via e-mail about the outcome of the consideration.

VII. WITHDRAWAL

  1. The Consumer shall have the right to withdraw from the Agreement within 14 days from the date of its conclusion.
  2. The Consumer can withdraw from the Agreement without giving reasons. In order to do that, the Consumer must send a written statement before the expiry of 14 days. To comply with the deadline it is enough to send a statement before its expiry.
  3. In the event of withdrawal, the Agreement is considered to be non-concluded, and the Consumer is released from any obligations arising from the Agreement. The services rendered by the Parties are returned in an unchanged form. The return should take place immediately, but not later than within 14 days. If the Consumer exercises the right to withdraw after submitting the request to use the Service before the expiry of the deadline for withdrawal, then the obligation to pay for the access to the Website until withdrawal from the Agreement shall be calculated proportionally to the period of factual access to the Website and the remaining period of validity of the Agreement, while taking into account the amount of remuneration determined in accordance with the Price List.

VIII. AMENDMENTS TO THE REGULATIONS

  1. The Service Provider reserves the right to change the Regulations. Any changes to the Regulations will be sent to the Customer by e-mail at least 14 days in advance before their entry into force.
  2. If the Customer does not accept the amendment to the Regulations, he may cancel the Agreement within 14 days from the receipt of the notification, by sending a written statement to qalcwise.com sp. z o.o. in Warsaw (address: 02-674 Warszawa, ul. Marynarska 15.

IX. TERMS OF SERVICING

  1. During the period of the validity of the Agreement, the Service Provider provides the Customer with assistance in the following areas:
    1. solving typical practical problems associated with the ad hoc use of Qalcwise platform;
    2. design and preparation of own business application on Qalcwise platform;
  2. The description of the process of reporting errors and problems with the ad hoc use of Qalcwise platform:
    1. A person authorized by the Customer reports a problem to the Service Provider giving: problem description, the expected correct functioning or condition, and, if possible, a function called when the problem occurred, in particular, the sequence of actions leading to its repetition along with all messages.
    2. Errors and problems should be reported through the system of handling submissions, available at the address https://qalcwise.zendesk.com

X. FINAL PROVISIONS

  1. The Customer has the right to access his personal data stored on the internet service of the Service Provider, has the right to correct his data, and to request their removal from the database of the Service Provider, without prejudice to the powers of the Service Provider arising from the legal provisions in force.
  2. In matters not regulated by the Regulations, the provisions of the Polish law apply.
  3. The Parties undertake to amicably settle any disputes that arise between them on the basis of or in connection with the Agreement concluded between the Parties on the basis of the Regulations, and in connection with the interpretation of the provisions of the Regulations. In the absence of an agreement, disputes between the Parties will be settled by a competent common court in Warsaw (this provision does not apply to Consumers; in such case, the relevant provisions of the Polish law apply).
  4. Any trademarks and logos posted on the Website are registered trademarks or non-registered commercial designations of the Service Provider and shall be protected on the basis of, among others, the act on industrial property law, the act on copyright and derivative rights, international conventions, the Code of commercial companies, and the Civil code.

PRIVACY POLICY

qalcwise.com limited liability company based in Warsaw

qalcwise.com protects the right to privacy of its Customers through the use of appropriate security technology. qalcwise.com is administered by qalcwise.com sp. z o.o. based in Warsaw, the Owner of the System – an integrated package of information and communication technologies that allow Customers to intuitively create business applications and to use a range of additional services and amenities.

  1. PROCESSING OF PERSONAL DATA
    By registering on qalcwise.com and by accepting the REGULATIONS GOVERNING THE PROVISION OF SERVICES WITH QALCWISE.COM and Privacy Policy, the Customer consents to the processing of his personal data by qalcwise.com sp. z o.o. in order to implement the services, and, in addition, may authorize the processing of his personal data for marketing purposes concerning products and services of these entities. The Administrator processes personal data collected from the Customers in a manner that is consistent with the scope of the authorization granted by the User and in accordance with the requirements of the Polish law, in particular in accordance with the act of 29 August 1997 on the protection of personal data (Journal of Laws, no. 133 item 883 with further amendments) and the act of 18 July 2002 on the provision of services by electronic means (Journal of Laws, no. 144 item 1204). Collected personal data of Customers are stored on the server of qalcwise.com, in a special area providing adequate protection.
  2. The right to verify, modify, and delete personal data
    Every Customer who registered or otherwise provided his personal data has access to his personal data in order to verify, modify, or delete his data. All Customer data submitted with the Account are secured against unauthorized access.
  3. Information sharing policy qalcwise.com sp. z o.o. does not transfer, sell, or rent collected personal data of Customers to third parties, unless it has express consent of the Customer or at the request of authorities who need access to data in order to carry out investigations. The User, after giving his consent (on registration) on the basis of the act of 18 July 2002 on the provision of services by electronic means (Journal of Laws no. 144 item 1204), receives marketing content exclusively from qalcwise.com sp. z o.o. The supplier of the server infrastructure and disk space is SoftLayer Dutch Holdings, B.V, a company incorporated under Dutch law, based in Amsterdam, address: Paul van Vlissingenstraat 16, 1096 BK Amsterdam, NETHERLANDS, registration number 5246104, whose servers are located physically in the Netherlands. The Customer acknowledges that qalcwise.com may send messages with information about the progress of registration, a reminder about expiry of the subscription or about payment, or other communication related to the use of the website.
  4. Cookies
    qalcwise.com may use cookie files, placed on the Customer’s (User’s) computer after clicking or viewing an ad, to assess the effectiveness of its operations and advertising campaigns. These files do not contain personal data or contact information. There is a possibility to block the collection of this information by blocking (turning off) cookie files in the Customer’s computer. Note that disabling cookie files may affect the accuracy and/or quality of some websites. In particular, some websites may stop working, so disabling cookies is not recommended. To disable cookies, change browser settings to refuse all cookies or notify about their transfer. Browsers also provide the ability to delete all cookies or cookies specified by the Customer without blocking them.
  5. Links to websites other than qalcwise.com
    qalcwise.com may contain links to other websites. qalcwise.com does not control these sites or their methods of privacy protection. This Privacy Policy does not apply to external network areas. Personal data disclosed by the User to persons from outside qalcwise.com are not covered by the Privacy Policy of qalcwise.com. Before sending any personal data, read the privacy policy of a particular entity or website.
  6. Copyrights
    qalcwise.com or third party software providers are the sole entity eligible to use all works on qalcwise.com. Contact details, including contact details related to privacy protection, can be found on qalcwise.com.

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