Introduction
These terms and conditions (hereinafter referred to as the "Terms and Conditions") define the rules for the provision of services by electronic means via the websites at "manager.bike" and "app.manager.bike" and their subpages (hereinafter referred to as the "Service") by UFSystems Bartosz Ostrowski Markowo 13, 14-300, (hereinafter referred to as the "Service Provider") of services that help in running a bicycle workshop, in particular in the area of: administrative handling of orders, schedule, bicycle database, warehouse and ordering parts, reporting work and income, customer contacts, financial and fiscal handling, etc. (hereinafter referred to as the "Services"). The Services are provided in the so-called SaaS (Software as a Service) model, via software made available to the Service Recipient by the Service Provider.
The Service Provider can be contacted via the e-mail address biuro@manager.bike
The Services may be used by natural persons who are 18 years of age or older and have full legal capacity and are not consumers within the meaning of the Civil Code (i.e. using the Services for purposes not directly related to their business or professional activity), legal persons and other entities that have their place of residence or registered office in the Republic of Poland (hereinafter referred to as "Service Recipients"). The Services are not intended for consumers due to their nature and therefore a tax identification number (NIP) is required for registration in the Service.
The use of the Services is conditional upon acceptance of the Terms and Conditions. It is assumed that the Service Recipient has read and accepts the Terms and Conditions.
The rules for the processing of personal data and the use of files called cookies are contained in the Privacy Policy available in the Service.
Use of the Service
To use the Service, it is necessary to have a device with an Internet connection and an up-to-date web browser that allows the use of the Service (in particular Chrome, Firefox) and a phone with Android version 7 or later (SMS proxy application).
The Service Provider undertakes to promptly repair any defects that prevent or hinder access to the Service.
The Service and the content contained therein may only be used for the use of the Services. Their use for any other purpose requires the prior written consent of the Service Provider.
It is forbidden to provide content to the Service or to take actions in it that are unlawful, in particular to post defamatory or insulting content, violating personal rights or other rights of the Service Provider or third parties, violating good morals, intentionally misleading, using malicious software, as well as providing content or taking actions contrary to the so-called Netiquette and other established customs or promoting violence or hatred.
It is forbidden to take actions aimed at disrupting the functioning of the Service or obtaining data from the Service that has not been made available to the Service Recipient by the Service Provider.
It is forbidden to use the Service for the purpose of transmitting or sending unsolicited commercial information, as well as using it for any marketing purposes without the prior written consent of the Service Provider.
The Service Provider may deprive the Service Recipient of access to the Service or limit this access with immediate effect if the Service Recipient violates the Terms and Conditions or the law when using the Services or otherwise acts to the detriment of the Service Provider or other persons. The Service Provider shall immediately inform the Service Recipient of the measures taken. Obtaining repeated access to the Service requires the prior consent of the Service Provider.
The Service Provider is not obliged to check the data placed in the Service or sent through it by the Service Recipient.
The Service Recipient shall release the Service Provider from any liability and costs related to the Service Recipient's violation of the Terms and Conditions and is obliged to reimburse the Service Provider for all costs incurred by it in connection therewith.
The Service Recipient is obliged to immediately update in the Service the data identifying him and his contact details in the event of their change. The Service Recipient is responsible for the truthfulness and correctness of this data.
Provision of Services
The provision of Services takes place on the basis of a contract for the provision of Services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, which is concluded remotely by the Service Recipient with the Service Provider upon registration and creation of a user account in the Service. The subject and content of this contract are determined by the provisions of these Terms and Conditions, the options and scope of Services selected by the Service Provider in the Service and the price list posted in the Service, as well as the provisions of the Privacy Policy posted in the Service.
At any time in the settings of the Service Recipient's account in the Service, it is possible to change the Service option from free to paid and vice versa (in this case, the paid option is valid until the end of the current billing period) and the scope of Services, while making a payment in the case of changing the option to paid or expanding the scope of Services.
Access to the Service Recipient's account in the Service, enabling him to use the Services to which he is entitled, is possible after logging in to the Service using the login identifying the Service Provider and the password. The Service Recipient undertakes to keep confidential the data enabling access to his account in the Service. The Service Provider is not responsible for the disclosure of this data by the Service Recipient to third parties.
Fees
Fees for the use of the Services are in the nature of subscription fees payable for billing periods of a length selected by the Service Recipient when concluding or changing the contract for the provision of Services.
Current fees for Services in the paid option for different billing periods are given in the price list posted in the Service.
The Service Recipient pays for the Services in advance, at the time of selecting or changing the option and scope of Services or starting a new billing period, via an online payment service operated by an external entity, where various payment options are available, in particular payment by bank transfer, Blik service or payment card. The Service Recipient will be informed about the necessity to make a payment in order to maintain the selected option and scope of Services and the date of its payment after logging in to the Service or by e-mail. In the absence of payment within the indicated deadline, the possibility of using the Services will be blocked until the payment is made.
The moment of payment is the date of posting the payment to the Service Provider's bank account. Any costs related to the execution of the payment shall be borne by the Service Recipient.
The Service Provider will issue an invoice to the Service Recipient based on the Service Recipient's data indicated in the settings of the Service Recipient's account in the Service. It is assumed that the Service Recipient, when starting to use the Services in the paid option, accepts the use of electronic invoices. The Service Provider will deliver the invoice to the Service Recipient to the e-mail address provided by him immediately after its issue after receiving payment.
Changes in fees for the use of the Services will be announced in the price list in the Service, and Service Recipients using the paid option of the Services will be additionally informed about them by e-mail. Changes in fees may apply to a given Service Recipient from the billing period following the current billing period, in particular in the case of a change in the option or scope of Services.
Liability of the Service Provider
The Service Provider undertakes to provide services with due diligence.
The Service Provider's liability for damages caused by unintentional fault is limited to the sum of fees that the Service Recipient has incurred to the Service Provider in the last two years.
The Service Provider's liability for lost profits and its liability under warranty are excluded.
The Service Provider is not liable for disruptions in access to the Service and the implementation of Services caused by force majeure, equipment failures, power outages or Internet connections, unauthorized interference by Service Recipients or third parties, or the incorrect operation of telecommunications systems and software installed on the Service Recipients' computer equipment.
The Service Provider makes every effort to update and verify the data used in the Service. However, the Service Provider does not guarantee the timeliness of this data and is not responsible for its possible untimeliness and the related consequences of using the Service.
Complaints
In the event of reservations about the functioning of the Service or the provision of Services, the Service Recipient may submit a complaint by sending it to the Service Provider's e-mail address: biuro@manager.bike. The complaint notification should include the login identifying the Service Recipient (i.e. the e-mail address used by him in the Service), unless the message was sent from this address, the subject of the complaint (indication of irregularities, the date of their occurrence and duration) and the proposed method of resolving the complaint.
The Service Provider will make every effort to respond to the complaint immediately, no later than within 14 days of receiving the notification. The response will be sent to the e-mail address from which the complaint was sent.
Any other comments, suggestions or questions regarding the functioning of the Service or the provision of services should be sent via e-mail to the above address.
Technical support and maintenance of the Service
During the provision of Services, the Service Recipient may use the technical support of the Service Provider to the extent provided for in the option and scope of Services provided.
In order to use technical support, please send a problem report to the Service Provider's e-mail address: biuro@manager.bike.
The Service Provider's technical support does not apply to: elements that are subject to independent modification by the Service Recipient; errors that occurred as a result of unauthorized interference by the Service Recipient in the operation of the Service; problems resulting from the Service Recipient's failure to meet the technical requirements, the fulfillment of which is necessary to use the Services.
The Service Provider reserves the right to temporarily restrict access to the Service in order to introduce improvements or carry out necessary repairs and maintenance work. Such works, apart from exceptions resulting from random events, will be carried out as far as possible in the evening and night hours or on public holidays.
Rights to works and other content in the Service
The Service Provider reserves that all logos, photos, graphic elements and other works within the meaning of the Act of February 4, 1994 on copyright and related rights or other manifestations of the Service Provider's intellectual property made available and used in the Service are protected by law.
The use of the Service does not mean the acquisition of any rights to intangible goods to works and other content contained in the Service. Without the prior written consent of the Service Provider, it is forbidden to: copy, distribute, sell, lend, modify or otherwise use any components of the Service.
Entrusting the processing of personal data
The Service Provider, as the administrator of personal data entered into the Service, entrusts the processing to the Service Recipient pursuant to Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of data (hereinafter referred to as "GDPR") personal data for processing (hereinafter referred to as "Data") on the terms and for the purpose specified below.
The Data includes data of contractors and employees or associates of the Service Recipient that are not sensitive data, in the scope of: name, surname, address of residence or business, tax identification number (NIP), personal identification number (PESEL), telephone number, e-mail address, in the case of contractors also data on services performed for them, information about their payments and other data concerning them that the Service Recipient enters into the Service, and in the case of employees also their functions and other data concerning them that the Service Recipient enters into the Service.
The entrusting of Data takes place only for the purpose of providing the Services.
The processing of Data will be carried out for the duration of the contract for the provision of Services and the minimum period following it necessary to remove the Data from the Service or transfer it to the Service Recipient, unless the law imposes an obligation on the Service Provider to process the Data for a longer period. After the termination of the provision of Services, the Ordering Party, depending on the Service Recipient's decision, removes or returns the Data to the Service Recipient and removes all existing copies thereof, unless the law imposes an obligation on the Service Provider to store this Data.
The conclusion of a contract for the provision of Services and the entry of Data into the Service by the Service Recipient in order to use the Services constitutes a documented instruction for the processing of Data from the Service Recipient, as the data controller, for the Service Provider.
The Service Provider processes Data as part of the performance of Services using IT systems.
The Service Provider undertakes to ensure that persons authorized by it to process Data do so only on the instructions of the Service Provider, for the purposes and to the extent provided for in the Terms and Conditions, being obliged to keep the Data confidential during their employment by the Service Provider, as well as afterwards.
The Service Provider undertakes to process the entrusted data with due diligence, in accordance with the GDPR and other laws, in particular by applying appropriate technical and organizational measures ensuring the protection of Data processing adequate to the risks associated with their processing, referred to in Article 32 of the GDPR.
Taking into account the nature of Data processing, the Service Provider will, as far as possible, assist the Service Recipient by appropriate technical and organizational measures to fulfill the obligation to respond to requests from the data subject regarding the exercise of his rights specified in Chapter III of the GDPR and, taking into account the nature of processing and information available to the Service Provider, will assist the Service Recipient in fulfilling the obligations specified in Articles 32-36 of the GDPR.
The Service Provider, after discovering a breach of Data protection, shall notify the Service Recipient without undue delay, no later than within 48 hours.
In accordance with Article 28(3)(h) of the GDPR, the Service Recipient has the right to check whether the measures applied by the Service Provider in the processing and security of the entrusted Data meet the provisions of the Terms and Conditions. The right to this control may be exercised during the Service Provider's working hours, i.e. Monday - Friday from 8 a.m. to 4 p.m., except for public holidays and with a minimum of ten days' notice of the intention to carry out the control. During the control, the Service Provider will provide the Service Recipient with all information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR. If any irregularities are found during the control, the Service Provider undertakes to remove them within a reasonable period indicated by the Service Recipient, not longer than 14 days. The Service Recipient may terminate the contract for the provision of Services, including the processing of Data, with immediate effect if the Service Provider, despite being obliged to remove the irregularities found during the control, fails to remove them within the specified period or processes the Data in a manner inconsistent with the Terms and Conditions.
The Service Provider may entrust the Data to further processing to subcontractors only for the purpose of performing the Services. The Service Recipient gives general consent to the further entrusting of Data processing to the Service Provider's subcontractors in the performance of the Services. These subcontractors should meet the same guarantees and obligations that have been imposed on the Service Provider in the scope of Data. The Service Provider is fully liable to the Service Recipient for the subcontractor's failure to fulfill its obligations regarding Data. The Service Provider will provide the Service Recipient with a list of current subcontractors at each request within 7 days. The entrusting of Data for further processing to subcontractors may take place within the European Economic Area and, in accordance with Article 45(1) of the GDPR, to entities in third countries or an international organization only if the EU Commission determines that an adequate level of data protection is ensured there in a specific scope. The transfer of Data to a third country may only take place on the documented instruction of the Service Provider, unless such an obligation is imposed on the Service Provider by law. In such a case, before commencing processing, the Service Provider informs the Service Recipient of this obligation, unless this law prohibits the provision of such information due to an important public interest.
Changes to the Terms and Conditions
The Service Provider reserves the right to make changes to the Terms and Conditions, subject to the protection of rights acquired in the current billing period of Services in the paid option.
The Service Provider will inform Service Recipients about changes to the Terms and Conditions no later than 14 days before their planned entry into force by displaying a message and publishing the new Terms and Conditions in the Service and sending the Service Recipient information about the planned change by e-mail. The lack of objection from the Service Recipient to the planned changes expressed in a message delivered to the Service Provider by e-mail within 7 days of notification of the planned changes is equivalent to acceptance of the new Terms and Conditions. In the event of an objection, the contract for the provision of Services to the Service Recipient shall be terminated on the day preceding the entry into force of the new Terms and Conditions.
Changing the Service Provider's contact details does not constitute a change to the Terms and Conditions.
Assignment
Service Recipients may not transfer, make available to others or otherwise dispose of their rights and obligations arising from the contract for the provision of Services without the prior written consent of the Service Provider.
The Service Provider reserves the right to transfer the rights and obligations arising from the contract for the provision of Services to a third party without the consent of the Service Recipient who is a party to this contract.
Termination of the contract for the provision of Services
The Service Provider may terminate the contract for the provision of Services with a 30-day notice period.
The Service Provider has the right to terminate the contract for the provision of Services without a notice period in the event that the Service Recipient provides false and incomplete data that is necessary for the implementation of this contract, or in the event of a justified suspicion or finding that the Service Recipient uses the Services in a manner inconsistent with the Terms and Conditions, violating the law or violating the rights of third parties.
The Service Recipient may terminate the contract for the provision of Services at any time by notifying the Service Provider of its decision via e-mail to the address . In such a case, the contract for the provision of Services expires at the end of the current billing period of Services, and previously incurred fees are not refundable.
In the event of termination of the contract for the provision of Services, the data entered by the Service Recipient into the Service will be deleted without the possibility of their recovery. The Service Recipient should properly secure the data entered by him into the Service before the termination of the Contract, e.g. by downloading them from the Service and archiving them. The Service Provider is not responsible for data lost by the Service Recipient as a result of termination of the contract for the provision of Services in accordance with the Terms and Conditions.
Applicable law and jurisdiction
The contract for the provision of Services is subject to Polish law. To the extent not regulated in the Terms and Conditions, the Act of 23 April 1964 - Civil Code and the Act of 18 July 2002 on the provision of services by electronic means shall apply in particular.
Any disputes arising from the contract for the provision of Services shall be subject to the exclusive jurisdiction of Polish courts - the court having jurisdiction over the Service Provider's registered office.