GENERAL TERMS & CONDITIONS OF IP DESK TRIAL USE CONTRACTS

§ 1. General


  1. These GENERAL TERMS & CONDITIONS OF IP DESK TRIAL USE CONTRACTS (hereinafter: “GT&C) define the terms of providing the IP DESK for use and the scope of the licence granted to the Licensee for the Trial Period.
  2. Acceptance of these GT&C is a prerequisite for the provision of IP DESK for trial use.
  3. These GT&C are the terms & conditions within the meaning of the Polish Act on Service Provision by Electronic Means of 18 July 2002 (consolidated text: Journal of Laws of 2017 item 1219).



§ 2. TERMS & DEFINITIONS

Whenever used herein, the following terms shall have the following meanings:

  1. Licensee – a natural person, a legal person or an unincorporated organisational unit granted legal capacity under statute who is a business and to whom the Licensee provides the Software for use for the Trial Period;
  2. Licensor – BRANDELAW Marcin Setlak, ul. Przyjaźni 9/80, 20-314 Lublin, NIP: 7381890884, REGON No.: 362446190;
  3. Trial Account – an individual account created by the Licensor for the Licensee for the Trial Period which grants the Licensee, once logged in, access to the Software to explore its features and functioning;
  4. Trial Period – the period of 14 days following the day of creating the Trial Account and providing it to the Licensee;
  5. GT&C – these General Terms & Conditions of IP DESK Trial Use Contracts
  6. User – a specific natural person for whom the Licensee creates a separate account and whom it grants the rights to use the Software in the Trial Period;
  7. Contract – the Software Trial Use Contract, signed by the Licensor and the Licensee on the terms as defined in the GT&C;
  8. Services – services provided by the Licensor to the Licensee which involve providing the Software for trial use, Software updates and other services as specified in the GT&C, provided by electronic means within the meaning of the Polish Act on Service Provision by Electronic Means of 18 July 2002 (consolidated text: Journal of Laws of 2017 item 1219).
  9. Software – IP DESK as provided to the Licensee in the trial version through the Website for the Trial Period on the terms as defined herein;
  10. Website – website available at: https://demo.ipdesk.pl, through which the Licensee logs in to the trial version of the Software.



§ 3. ACCESS TO THE SOFTWARE


  1. The Licensor shall provide the Software to the Licensee for trial use based on the Licensee’s order placed by electronic means to [email protected]
  2. The Software may be provided for trial use provided that the Licensee approves the GT&C and specifies the details (full name, phone number, e-mail address) of the person for whom the Licensor is to create the Trial Account.
  3. The Licensor shall send the Licensee, to the specified e-mail address, an individual user ID and the initial password, which the person for whom the Trial Account has been created shall use to log in to the Software. After logging in for the first time, the person for whim the Trial Account has been created may change the password to the Software. The rights assigned to the Trial Account are the same as the Administrator’s rights assigned in the full Software version.
  4. The person for whom the Trial Account has been created may grant the rights to use the Software to any number of Users. Assigning User rights requires specifying a separate e-mail address for each User. The User rights are the same as the rights that Users receive in the full Software version.
  5. The Licensee, the person for whom the Trial Account has been created and the Users shall keep the user IDs and passwords to the Software for the Trial Period confidential. The Licensee shall promptly inform the Licensor about any loss of user ID or password and about any disclosure thereof to an unauthorised person.
  6. The Licensee shall communicate the terms of Software use hereunder to the person for whom the Trial Account has been created and to the Users before they commence the trial use.



§ 4. SOFTWARE USE IN THE TRIAL PERIOD


  1. The Licensee shall use the Software through the Website.
  2. The Licensor provides the Software to the Licensee for use in the Trial Period in the demo version. The Software demo version has the same features as those available in the full Software version.
  3. Software use requires compliance with the following technical requirements:
    1. internet connection;
    2. at least the following web browser version: Microsoft Internet Explorer 8.0, Mozilla Firefox 3.5, Google Chrome 3.0, Apple Safari 4.0, Opera 9.5;
    3. a web browser that supports the HTML technology;
    4. a PDF reader, e.g. Adobe Reader, at least version 9.0;
    5. Java Script enabled;
    6. active e-mail accounts.
  4. Compliance with the technical requirements specified in § 4(3) of the GT&C is of significance for proper Software functioning and appearance in the application or the web browser and for the security of the transmitted data. The Software may also work on web browsers other than those specified in § 4(3) of the GT&C but the Licensor does not support them and cannot guarantee that if launched through such browsers, the Software will function as intended and without errors.
  5. It is not the responsibility of the Licensor to meet the technical requirements specified in § 4(3) of the GT&C. The Licensee shall bear all the costs connected with the provision of the technical conditions referred to in the preceding sentence (in particular the costs of Internet access).
  6. The Licensee understands and acknowledges that Software use in the Trial Period is not exclusive, which means that the Software is used simultaneously by users other than the Licensee, who have mutual access to the data entered in the Software during such time.
  7. The data entered by the Licensee and the individuals to whom the Licensee provides the Software in the Trial Period shall be fictional and free of any personal data or information regarding the actual cases of the Licensee.
  8. The Licensee shall be fully liable for any acts and omissions of the person for whom the Trial Account has been crated, the Users and anyone else whom the Licensee grants access to the Software, and in particular shall be responsible for ensuring the observance of these GT&C by such individuals.
  9. The Licensee and anyone whom the Licensee grants access to the Software in the Trial Period shall:
    1. use the Software in a way that does not disrupt its functioning and in accordance with the applicable laws and these GT&C;
    2. not supply or transmit any content that is unlawful or prohibited under the applicable laws;
    3. refrain from any conduct that breaks the law or could harm the Licensor.
  10. The Licensee shall not supply any unlawful content. If the Licensor learns about any unlawful data supplied by the Licensee or by any individuals whom the Licensee has granted access to the Software, the Licensor may block the access to such data or to the whole Software. The Licensor shall not be liable to the Licensee for any damage caused by lack of access to such data or to the whole Software.
  11. The Licensor shall have a right to carry out Software maintenance or modernisation works during the Trial Period. If the works referred to in the preceding sentence hereof are required, the Software may be temporarily unavailable to the Licensee. Temporary Software licence shall not represent a breach of Contract.
  12. The Licensor shall have a right to block the Licensee’s access to the Software if the Licensee or anyone whom the Licensee has granted access to the Software for the Trial Period breaks the rules of Software use, and in particular breaks the security rules or engages in conduct harmful to the Licensor.



§ 5. SCOPE OF LICENCE


  1. As of the moment the Licensee is granted access to the Trial Account, the Licensor shall grant the Licensee a free-of-charge, non-exclusive and non-transferable licensee for trial use of the Software.
  2. The Licence shall be granted to the Licence for the duration of the Trial Period but it may be terminated earlier in the cases specified in the GT&C.
  3. Under the Licence, the Licensee shall have a right to use the Software through the Trial Account and the accounts created by the Licensee for any number of Users.
  4. The Licensee shall have no right to:
    1. make any changes to the Software;
    2. decompile or disassemble the Software or otherwise search for information in the internal structure of the Software or in the rules of its functioning;
    3. reuse and disseminate any information downloaded from the Software or any data that are covered by the Licensor's rights;
    4. share the user IDs or passwords to the Software with any third parties;
    5. assign the rights or responsibilities under the Contract to any third parties without the Licensor's prior written consent.
  5. Any rights in the Software, in particular any copyright and other intellectual property rights, rights in the name, logo, graphic art and in the internet domains http://ipdesk.pl and http://ipdesk24.pl shall be vested in the Licensor and protected to the extent and on the terms as defined in the applicable laws, especially the Polish Copyright and Related Rights Act of 4 February 1994 (consolidated text: Journal of Laws of 2017, item 880, as amended) and the Polish Industrial Property Law of 30 June 2000 (consolidated text: Journal Laws of 2017, item 776, as amended).



§ 6. LIABILITY


  1. The Licensor shall not be liable for any actions of third parties. The Licensor shall not be liable to the Licensee or any third parties for any losses connected with the use of the data contained in the Software, with defective operation of the Software or with being unable to use the Software – notwithstanding the reason.
  2. The Licensor shall not be liable for any damage arising from circumstances beyond the control of the Licensor or its subcontractors or from improper Software use.
  3. The Licensor shall not be liable for any content and data entered in the Software by the Licensee or the individuals whom the Licensee has granted access to the Software in the Trial Period or for any breaches of the Licensee or such individuals of the applicable laws or the rules of Software use laid down herein.
  4. The Licensor shall not be liable for any malfunction of the Licensee’s equipment, any incorrect identification data communicated to the Licensor and rendering the use of the Software impossible or any failure of the Licensee to ensure the technical requirements essential for proper use of the Software.
  5. The Licensor shall not be liable for any losses involving lost profit.



§ 7. TERM AND TERMINATION


  1. The Contract shall be entered into for the fixed term from the date of creating the Trial Account and making it available to the Licensee to the end of the Trial Period.
  2. The Licensor shall have a right to terminate the Contract effective immediately if the Licensee or anyone whom the Licensee has granted access to the Software has broken the rules of Software use set forth herein or has engaged in any conduct disrupting the functioning of the Software or breaching the security of the data contained therein or the Licensor's rights in the Software.
  3. Upon the expiry of the Trial Period or Contract termination by the Licensor, the Licensee loses access to the Software and to the data entered therein. The Licensor shall have a right to erase the data entered by the Licensee in the Software in the Trial Period.



§ 8. HOTLINE


  1. The Licensee may seek information and explanations as regards Software functioning and Service provision by the Licensor through the hotline available at: + 48 50 93 64 644. The hotline operates from Monday to Friday between 9 a.m. and 5 p.m. The Licensee may also send the Licensor an e-mail directly from the Software.
  2. The Licensee shall have a right to submit comments regarding Software functioning to the Licensor and suggest Software modifications and improvements. Please submit any comments or suggestions in writing to: BRANDELAW Marcin Setlak, al. Warszawska 102, 20-824 Lublin or by e-mail to: [email protected].



§ 9. PERSONAL DATA


  1. The Licensor is the controller of the personal data gathered by the Licensor in connection with the Contract. The Licensee enters into the Contract and gives personal data freely but this is nonetheless required if the Licensee wishes to receive the Service to the extent specified in the GT&C.
  2. The Licensee's personal data shall be processed by the Licensor based on the Contract. The personal data required to enter into, draw up the content of, modify and terminate the Contract and to provide Services to the Licensee, to handle complaints or to pursue claims, if any, connected with the Contract include:
    1. first and last name, registered office/address of business, Tax Identification Number of the Licensee;
    2. first and last name and e-mail address of the person for whom the Trial Account is created and of the Users.
  3. The personal data referred to in § 9(2) hereof shall be processed only for the purpose of and in connection with Contract performance and in accordance with the applicable laws. The data shall not be sub-processed or sold or shared, except where the law so provides. No automated decision-making shall be applied in respect of the aforesaid personal data.
  4. The Licensor shall process the data provided by the Licensee using the technical and organisational measures required to minimise the risks to the rights and freedoms of the natural persons whose data are being processed, taking into account the state of the art, the implementation cost of the security measures, and the nature, context and purposes of data processing as well as the risk of breaches, the measures including especially:
    1. data anonymisation,
    2. the capacity to ensure the ongoing confidentiality, integrity, availability and resilience of the Software,
    3. a process for organisational measures for ensuring the security of the data processing.
  5. The Licensee agrees that the Licensor may use the services of third-party providers connected with server hosting, provided that the Licensor enters into the necessary data sub-processing agreements with such providers to guarantee correct processing of the data and the protection of the rights and freedoms of the natural persons whose data are being processed. The scope of the processing cannot go beyond the scope arising from the Licensor's data processing agreement.
  6. The Licensor warrants that the personal data processed by the Licensor shall only be accessed by authorised persons bound by the confidentiality obligation in respect of all the data. The Licensee hereby agrees to and authorises the Licensor to grant further authorisations and manage the related rights in respect of its employees and third parties.
  7. The Licensee shall have a right of access to its personal data, a right to have the data changed, supplemented, updated, rectified, a right to data portability, a right to demand that the data processed by the Licensor be no longer processed or be erased, and a right to lodge a complaint with a supervisory authority in accordance with the applicable personal data protection laws.
  8. Upon Contract termination, the Licensor shall no longer process the Licensee’s personal data, except for any data:
    1. necessary to pursue any claims under the Contract
    2. necessary to clarify the circumstances of using the Software or to handle a complaint
    3. the processing whereof is required or permissible under the applicable laws or separate contracts or consents
  9. Should the Licensee request discontinuation of the processing of any data without which the Services cannot be provided, then, as of the discontinuation of such processing, the Contract shall be deemed terminated in accordance with § 7(2) hereof, unless the Parties agree otherwise in writing.



§ 10. MISCELLANEOUS


  1. In matters not regulated by the GT&C, Polish law shall apply.
  2. The Licensor reserves the right to amend these GT&C at any time. The Licensor shall communicate any amendments of the GT&C to the Licensee by electronic means to the contact e-mail address specified by the Licensee at least 7 days beforehand, allowing the Licensee to become familiar with the content of such amendments.
  3. The current version of the GT&C is posted on the Website and may be supplied free of charge whenever requested by the Licensee.
  4. Any notices connected with trial use of the Software intended for the Licensee shall be sent as e-mails to the Licensee's contact e-mail address. The Licensee shall promptly notify the Licensor about any changes to its contact details. Without such notice, any communications sent to the person and to the e-mail address previous specified shall be deemed effectively delivered.
  5. All advertising materials regarding the Software shall be used for information purposes only.
  6. Any disputes arising out of the Contract shall be resolved according to Polish law by the Polish court having jurisdiction over the Licensor’s registered office.
  7. These Terms & Conditions shall be effective as of 16 November 2017.

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Contact details

Welcome to our office in Lublin.

BRANDELAW Marcin Setlak
headquarters: ul. Przyjaźni 9/80, 20-314 Lublin
office: al. Warszawska 102, 20-824 Lublin

tel: +48 509 364 644
[email protected]
NIP: 738-189-08-84
REGON: 362446190

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