Regulations of using the tiskelcloud.com SaaS (Software as a Service)

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§1 Subject of the regulations

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1. These Regulations define the rules for the provision of services consisting in making the functionality of the tiskelcloud.com Platform available to the Service Recipient by a company operating under the name Tiskel sp.z o.o., based in Wrocław, address: ul. Bolesława Prusa 1/31, 50-319 Wrocław, entered into the Rejestr Przedsiębiorców Krajowego Rejestru Sądowego kept by the Sąd Rejonowy we Wrocławiu, VI Wydział Gospodarczy, under the number KRS 0000474094, REGON: 022216190, with share capital of PLN 405,000.00, with NIP number 8982204546, hereinafter referred to as the Provider.
    

§2 Definitions

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1. Regulations – these regulations, terms and conditions for the provision of Service.

2. Platform or tiskelcloud.com – a solution offered by the Provider via a web browser enabling the Service Recipient to manage vehicles, orders, contact with customers and telephone lines in a taxi company. The Platform consists of Modules.

3. Service or tiskelcloud.com SaaS – a service provided by the Provider to the Service Recipient, consisting in the Provider providing the Service Recipient with remote access to the Platform in order to use its functionality.

4. Agreement or Agreement for the provision of tiskelcloud.com SaaS – the contract for the provision of tiskelcloud.com SaaS by electronic means, concluded under the conditions specified in these Regulations.

5. Service Recipient – entrepreneur within the meaning of art. 4 of the Act of March 6, 2018, Entrepreneurs' Law, using the Service as part of business or professional activity under the conditions specified in the Regulations (both as part of the test version and the full version).

6. Credit Card - a payment card indicated by the Service Recipient, designated to be automatically charged for the provision of the tiskelcloud.com SaaS.

7. Service Recipient's account – a separate part of the Platform, dedicated to the Service Recipient, created during the registration process. In addition to the Service Recipient's business data, it also stores information about the selected and active Service variant, the status of settlements and the Credit Card. The access address is created by the name of the subdomain provided in the registration process in the tiskelcloud.com domain.

8. User – a natural person acting on behalf of the Service Recipient, identified with a personal login and password in the Service Recipient's Account, using the Service on behalf of and for the benefit of the Service Recipient. The Service Recipient manages the list of active Users on his own behalf.

9. Driver - a special user in the Service Recipient's Account. The Service Recipient manages the list of active Drivers on his own behalf.

10. Service Recipient's Administrator – A User empowered by the Service Recipient to perform activities related to the configuration of the Service and operational properties, and additionally in terms of the configuration of Users and their rights in the functional area of the Service Recipient's Account.

11. Subscription Fee – monthly subscription fee, paid by the Service Recipient to the Provider as remuneration for the Services provided.

12. Price-list of Services – information published on the tiskelcloud.com Platform website containing a list of Service variants, rates and fees and the rules for their calculation.

13. Working days – days from Monday to Friday, excluding public holidays.

14. Working hours – hours between 9:00 am and 5:00 pm on Working Days.

15. Form – electronic registration form for the Service Recipient's Account, available on the Provider's website at: https://manager.tiskelcloud.com/register.

16. Parties – mean a simultaneous recall of the provisions of the Regulations to the Service Recipient and the Provider.

17. Modules – constituting separate collections of functionalities within the Platform, provided by the Provider to the Service Recipient depending on the subscription model purchased, in particular the Passenger Application for booking taxis.

18. Passenger Application - a mobile application dedicated to the Android and iOS operating systems. Published by the Provider on behalf of and with the consent of the Service Recipient. It is used to book rides for customers using the transportation service of the Service Recipient's company.
     

§3 General provisions

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1. These Regulations define the terms and conditions of the Provider's provision to the Service Recipient.

2. The provision of the tiskelcloud.com SaaS requires prior conclusion by the Parties of the agreement for the provision of tiskelcloud.com SaaS.

3. The Service Recipient is obliged to ensure compliance with the provisions of these Regulations by individual Users of the given Service Recipient.The Service Recipient may not remove or modify or in any other way hide proprietary copyrights belonging to the Provider or trademarks exposed by him.

4. The Service Recipient may not remove or modify or in any other way hide proprietary copyrights belonging to the Provider or trademarks exposed by him.
    

§4 Conclusion of the Agreement for the provision of the tiskelcloud.com SaaS

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1. The contract for the provision of tiskelcloud.com SaaS is concluded after completing and approving the data from the Form and confirming the e-mail address provided. Confirmation of the e-mail address provided is understood as clicking on the activation link received to the e-mail address provided immediately after sending the Form. Clicking the activation link is tantamount to creating the Service Recipient's Account and the Provider starts providing the Service.

2. Acceptance of the provisions of the Regulations is confirmed by the Service Recipient by electronic exchange of information by registering the Service Recipient's Account and by selecting the checkbox for accepting the Regulations and saving the changes. By accepting the provisions of these Regulations, the Service Recipient confirms that he has read the rules and conditions for the provision of the Service, set out in these Regulations, and that he undertakes to comply with the provisions of the Regulations. The Service Recipient is obliged to provide true and correct data in the process of registering the Service Recipient's Account in the Form.

3. The Provider will send, as confirmation, after the Service has commenced, to the e-mail address provided by the Service Recipient, the address of the website where it will be possible to access the Service through the Service Recipient's Account.

4. The contract for the provision of the tiskelcloud.com SaaS is concluded for an indefinite period.

5. The description of the functionality of tiskelcloud.com can be found in Service Recipient's Account.
    

§5 Scope of the Service

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1. The Provider provides the Service Recipients interested in the Service with the opportunity to test the functionality of the Platform by enabling temporary, test access to the tiskelcloud.com Platform. The process of registering the Service via the Form creates a test Service Recipient Account by default, which automatically expires after 14 days. Until then, the use of all resources and functionalities within the Service Recipient's Account is free.

2. The conversion of the Service Recipient's test Account into a full Service Recipient Account is possible at any time during the test period. It is done by clicking the "Activate the paid version" button in the Service Recipient's Account by the Service Recipient.

3. Any requests of the Service Recipient regarding the implementation of changes or functional extensions of tiskelcloud.com will be implemented only by the Provider, after their prior approval by the Provider and will be made available as part of new versions of the Platform. The Provider has the right to refuse to implement the new functionality without giving a reason.

4. The Service is provided on a continuous basis, 24/7 (24 hours a day, seven days a week), with availability at the level of 99.5% of the time per year. The guarantee of continuity does not apply to the situations described in §11, point 5.
    

§6 Conditions and rules for the implementation of the Service

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1. The use of the Service requires the Service Recipient to meet the following technical conditions:

   1. Having access to the Internet for the purposes of efficient communication with the Service Recipient's Account, with a capacity of min. 1Mb/s.

   2. Connecting with the Platform using the latest stable version of the Chrome web browser.

2. The Service Recipient is able to configure the Platform options according to own needs. The Provider is not responsible for improper configuration of the software options by the Service Recipient’s Administrator of the Service.

3. During the performance of the Service, the Provider does not provide the Service Recipient with making a backup copy of the data.

4. The Provider provides the Service Recipient with access to 24/7 technical support, described in detail later in these Regulations.

5. The Provider reserves the right to modify the Platform and the Service. These modifications will not deteriorate the technical and organizational conditions for the provision of the Service on the part of the Service Recipient.
    

§7 Obligations and rights of the Service Recipient

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1. The Service Recipient is obliged to use the Service in accordance with its intended purpose in connection with the conducted business activity.

2. The Service Recipient may not provide access to the Service and the tiskelcloud.com Platform to other entities and third parties than the Users.

3. The Service Recipient is obliged to follow system messages published by the Provider.

4. The Service Recipient is obliged to ensure the available funds on the bank account connected to the Credit Card on the day the Provider charges with the Subscription Fee.

5. The Service Recipient may resign from the Service at any time by using the option to opt out of the Service available in the Service Recipient's Account.

6. The resignation from the Service does not release the Service Recipient from the obligation to pay the Subscription Fee for the started and any other unpaid subscription period.
    

§8 Obligations and rights of the Provider

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1. The Provider reserves the right to limit the scope or suspend the provision of the Service in the event of a breach of the Regulations, breach of the Provider's proprietary copyrights or breach of applicable law. In cases where the above-mentioned violations and suspension of the provision of the Service incurred by the Service Recipient until the suspension of the Service, the fees are not refundable.

2. The Provider has the right to suspend the provision of the Service in the event of failure to charge the Credit Card for a given billing period.

3. A delay in the payment of the subscription fee due exceeding 30 days entitles the Provider to unilaterally terminate the Agreement for the provision of tiskelcloud.com SaaS and block the Service Recipient's Account along with blocking access to data. The data of the Service Recipient may in this case be provided to him after paying the outstanding Subscription Fees. If the Service Recipient is not interested in collecting the data within the next 14 Business Days from the date of termination of the Agreement, the Service Recipient’s data will be deleted without the possibility of recovering them.

4. In the event of a breach by the Service Recipient of the proprietary copyrights to tiskelcloud.com or the provisions of the Regulations, the Provider has the right to terminate the Agreement for the provision of tiskelcloud.com SaaS Services with immediate effect. In such a case, the Service Recipient's data will be deleted without the possibility of recovering them.

5. The Provider has the right to terminate the Agreement for the provision of tiskelcloud.com SaaS with a 2-month notice period. The declaration on termination of the Agreement will be sent by the Provider in the form of a scan to the e-mail address provided in the Form.
    

§9 Payments and billing

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1. The Provider's remuneration for the provision of the Service is a Subscription Fee, paid by the Service Recipient.

2. The period of one month is assumed as the accounting period.

3. The fee for the provision of Service for a given billing month is made in the following month, counting directly after the billing month, automatically by debiting the Credit Card. There are three attempts to charge the Credit Card:

4. 1. The first attempt is on the second day of the month.

   2. The second attempt is on the third day of the month.

   3. The third attempt is on the fourth day of the month.

5. In the event of failure of three attempts to charge the Credit Card, the provision of the tiskelcloud.com SaaS is suspended until the Service Recipient provides sufficient funds on the bank account associated with the Credit Card and enabling the correct debiting of the Credit Card.

6. The monthly Subscription Fee is the product of two components:

   1. sum of subscription amounts for each Module (specified in the Price-list of Services)

   2. number of Drivers.

7. In addition to the monthly Subscription Fee, the Service Recipient may be additionally charged with a one-time fee for launching the selected Module in accordance with the Price-list of Services.

8. The extension of the Service provision period for the next subscription period takes place automatically in the absence of termination of the Service submitted before the end of the given subscription period.

9. The Service Recipient agrees to the Provider sending electronic invoices to the e-mail address provided in the Form, by accepting these Regulations.
    

§10 Business and technical service

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1. For the purposes of business communication and technical support, the Provider offers:

   1. The hotline which is available under the telephone number: +48 713 067 713. The Provider guarantees that the telephone call will be answered immediately.

      1. Between 8:00 a.m. and 4:00 p.m., the Service Recipient may report technical problems preventing the use of the Platform and use the support and instructions regarding the operation and functionality of the Platform.

      2. The Service Recipient may only report technical problems that prevent the use of the Platform 24/7.

   2. E-mail address: biuro@tiskel.com. The Provider reserves the right to 7 days to prepare a reply to the received message.

2. Before reporting the problem, the Service Recipient is obliged to check the correct operation of the relevant infrastructure on his own side and to check the correct operation of the services of telecommunications operators, with the help of which the Service Recipient provides basic communication with the technical infrastructure of the Service.

3. The Provider will immediately react to the reported technical problems by: checking the possible causes of the problem on the part of the Provider and technical support in the scope of the correct use of the Service.

4. In the event of technical problems on the part of the Provider that prevent the Service Recipient from using the functionality of the tiskelcloud.com Platform and individual Modules, the Provider undertakes to immediately restore the condition enabling the use of the Service. Problems other than those indicated above will be removed in subsequent versions of the Platform.

5. The Provider will not be obliged to remove problems resulting from reasons attributable to the Service Recipient or as a result of his breach of the provisions of the Regulations.

6. The Provider has the right to delete data entered by the Service Recipient if they contain illegal content or violate the rights of other persons.
    

§11 Complaints. Responsibility of the Provider

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1. The Provider undertakes to exercise special care to ensure the proper functioning of the tiskelcloud.com Platform, however, it allows the possibility of errors in the tiskelcloud.com Platform and third party systems. In the event of errors, the Provider guarantees immediate removal of the defects and / or defects of the tiskelcloud.com Platform.

2. Any liability of the Provider related to non-performance or improper performance of the Service for all reasons (including loss of data) is limited to the actual losses incurred by the Service Recipient, and the Provider's total liability in this respect is limited to the amount of net fees paid by the Service Recipient in the last subscription period of providing the Service.

3. The Provider is not liable for damages consisting in the loss of the benefits by the Service Recipient that he would have obtained had the damage not been done to him.

4. The Provider is not responsible for any problems with access to the Service and the tiskelcloud.com Platform (including individual Modules), resulting from reasons beyond the Provider's control, such as hacking attacks, unavailability of telecommunications links for reasons attributable to telecommunications operators.

5. The Provider is not responsible for damages caused by the lack of continuity and availability of the Google Kubernetes hosting service. In particular, for the lack of availability caused by reboots of the environment in which the Platform is installed, resulting from security updates of this service independent of the Provider.

6. The Provider is not liable for damages caused by the lack of continuity of the Service, including those caused by reasons attributable to the Service Recipient or the User.

7. Complaints should be sent to: biuro@tiskel.com
    

§12 Intellectual property

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1. The Provider holds all proprietary copyrights to the tiskelcloud.com Platform.

2. All intellectual property license rights related to the implementation of the Service and the tiskelcloud.com Platform remain the exclusive domain of the Provider.

3. The Service Recipient may not provide access to the tiskelcloud.com Platform to any entity other than the User under any title.
    

§13 Data protection and business secret

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1. As part of the Service, the Provider (Tiskel Sp. z o.o.) will provide the Service Recipient with the security of the data entrusted for processing in accordance with applicable law, including: securing data against loss and securing data against unauthorized internal and external access.

2. At the time of registration, the Provider becomes the administrator of the Service Recipient's data provided in the Form for the purpose of providing the Service or in other documents related to the Service order, including: name and surname, e-mail address, place of employment, telephone number. The Provider informs that:

   1. Providing personal data is voluntary, but necessary in order to use the tiskelcloud.com Platform

   2. The provided personal data will be processed on the basis of art. 6 sec. 1 points b), c), e) and f) of the Regulation of the European Parliament and of the Council (EU) 2016/679 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) (hereinafter "GDPR") and pursuant to Art. 6 sec. 1 point a) of the GDPR.

   3. Personal data will be processed for the period necessary to perform the Service, including the period provided for in the provisions on storage and archiving (i.e. until the claims are time-barred and obligations arising from other legal provisions (including tax regulations).

   4. The data subject has the right to lodge a complaint with the Office for Personal Data Protection, if the data subject considers that the processing of its personal data violates the provisions of the GDPR.

3. The Service Recipient is the administrator of personal data in relation to personal data entered into individual Modules by the Service Recipient himself or by a person who acts on his behalf during the provision of the Service. If, in connection with the provision of the Service, the Provider obtains access to personal data, the Parties conclude an Agreement for entrusting the processing of personal data, a template of which is included in the Annex to these Regulations.

4. A contact to The Provider, as the data administrator, is: biuro@tiskel.com.
    

§14 Final Provisions

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1. The Provider is entitled to amend these Regulations at any time.

2. The Service Recipient's lack of consent to the changes made, entitles him to terminate the Agreement for the provision of tiskelcloud.com SaaS with effect at the end of the current billing period within 14 days from the date of receiving the e-mail about the change in the Regulations.

3. In matters not covered by these Regulations, the provisions of Polish law shall apply.

4. Any disputes arising from the provision of the Service, the Parties will try to resolve by amicable negotiations, and in the absence of consensus, by legal means, with the court of jurisdiction for the seat of the Provider.

5. These Regulations come into force upon their publication on 01/07/2022.
    

Company address & details

Tiskel Sp. z o.o.

Poland, 50-319 Wroclaw

Boleslawa Prusa 1/31 Street