Terms of service
Definitions
Whenever this document refers to:
Terms of Service - it shall mean this agreement.
Platform – it shall mean the Unipla electronic platform.
Operator - it shall mean CODE&MORE Software House Marek Lewczuk, with its registered office in Warsaw, Aleja KEN 18/3a, 02-797 Warsaw, EU VAT PL5431796118.
Company – it shall mean a client of the Operator who uses the services of the Platform.
Administrator - it shall mean a person who is a representative of the Company, who has the right to access and modify data owned or processed by the Company, which is entered and processed as part of and for the purposes of the services available on the Platform.
User - it shall mean a person who is a client of the Company or an employee of the Company's client, who uses the services of the Platform and resources/data entered by the Company onto the Platform.
Administrative Panel – it shall mean a website and a web application to which the Administrators of the Company have access, and in which they can manage the Company's data and use additional functionalities.
Application – it shall mean a mobile application (for iOS and Android platforms) and/or a web application (Progressive Web App) and/or a website that was created at the request of the Company by the Operator or that is a generally available application created by the Operator, which allows Users and Administrators of the Company to access data created by the
Company.Project – it shall mean a set of data that can be displayed, made available and processed in Applications and the Administration Panel, and is created by the Administrators or Users.
Price List - it shall mean information published on the Platform's website or as an appendix to these Terms of Service, in which the Operator defined the terms and amount of payment for the Platform 's services.
Privacy Policy - it shall mean information published on a website or as an appendix to these Terms of Service, specifying the rules for collecting and processing data of the Administrators and Users.
General Provisions
The Terms of Service specify the conditions for the provision of services on the Platform, whose creator and operator is the Operator. The Terms of Service are valid from the moment of their acceptance by the Company.
Scope of services provided by the Platform
The Platform is a tool created for companies and organizations that can independently create and manage Applications, using
the Administration Panel.The Company has the option of ordering the creation of a dedicated Application, with the name, colors and graphics specified by the Company. Such an Application may only be used by the Company or third parties specified by the Company.
Using the Administration Panel, Administrators can create Projects, wherein they can enter various content, e.g., descriptions, contact details, forms, regulations, etc. Text content can be supplemented with photos, videos and attachments. Administrators can specify the graphic form, layout, and order of content to which Users have access later. For each Project, the Administrators may turn on and off the Application's functions whenever (e.g., the Users’ ability to send photos or videos, forms, loyalty program etc.).
It is possible to create a list of Users within the Project. The basic scope of data about the persons contains their name, surname and telephone number. However, Administrators may enter additional data for selected/all persons or request such data from persons, e.g., when registering in the Application. Only selected Administrators have access to personal data, both via the Administration Panel and the Application. The Platform offers additional functions which enable communication with the persons, e.g., the possibility of sending SMS messages.
Access to Projects in the Application may be limited to specific Users, and may require them to log in. Logging in can be done through an individual account (created by the User themself) or through access codes. Administrators independently manage access and Users through the Administration Panel.
Service provision period, payment for the service
The costs of creating and maintaining the Project are specified in the Price List.
The use of the Application and the Administration Panel by the Administrators is free of charge to the basic extent specified in the Price List. Additional features may be subject to a fee and the rules set out in the Price List.
The use of the Application by Users is subject to a fee and the rules set out in the Price List.
The default form of settlement for the Platform 's services is prepayment. The Company's Administrator, using the Administration Panel, purchases funds that are later used for the services provided by the Platform. The funds purchased may be used for the Platform's services for 12 months from the date of their purchase. A VAT invoice is issued for each purchase of funds.
At the Company's request, the Operator may change the form of settlement to a per-month basis, wherein at the end of each calendar month the settlement for the use of the Platform's services by the Company is created, and a VAT invoice is issued to the Company on this basis.
If the settlement is made in the form of prepayment and the balance of the Company's funds is zero or negative, access to the Company's Projects via the Application may be limited (certain functionalities may be disabled, the display of multimedia content (photos, videos, etc.) may be limited).
Under a separate agreement with the Company, the Operator may apply special prices for the Platform's services.
In the event of resignation from the Platform's services, the Company undertakes to notify the Operator 30 days before the end of using the Platform's services.
The Operator undertakes to delete the data stored in the Company's Projects within 30 days of the Operator’s cessation to provide services..
Cessation of the provision of services by the Operator may occur in the following cases:
resignation by the Company
termination of the legal existence of the Company
non-acceptance of changes to the Terms of Service
suspension of operations by the Operator or closure of the Platform.
The Operator reserves the right to discontinue the provision of Platform services with immediate effect if the Company and/or the Administrator:
deliberately violates the provisions of the Terms of Service
takes actions aimed at violating the security of data on the Platform or makes an unauthorized attempt to access the Platform
performs illegal activities
works to the detriment of the Operator
provides false data during the registration process
does not make timely payments for the use of the Platform's services
in other particularly justified cases
In the above cases, the Company has no right to pursue any claims/damages from the Operator, and the Operator has the right to completely block the Company's access to the Administration Panel, block/disable the Application, delete all data belonging to the Company and delete the Application from the application stores.
In the event of legal changes in the Company's operations (change of name, change of ownership), the Company is obliged to update the necessary information in the Platform settings or inform the Operator about the changes.
The Company has the right to cancel acceptance of the Terms and Conditions (termination of the contract) within 14 days of acceptance, without giving reasons, as long as the fees under the Price List have not been charged. To cancel acceptance of the Terms and Conditions (terminate the contract), please send an email to support@unipla.eu.
Conditions for launching and maintaining a dedicated Application
The Company may commission the Operator to create a dedicated Application based on a standard mobile/web application template, which enables access to the content and data specified by the Company.
The Company may commission to add additional functions to the Application, but the conditions for their creation are subject to separate arrangements and agreements between the Company and the Operator.
In order to launch a dedicated Application, the Company must provide the Operator with the required materials - the name of the Application, graphic materials, etc. The Company must have the right to use the indicated name and graphic signs.
If the application is to be submitted to Google Play and Apple App Store, the Company should set up appropriate Google and Apple accounts that will enable the application to be published on behalf of the Company. In order for the Operator to be able to submit an application to the application stores on behalf of the Company, the Company must establish appropriate access rights to its Google and Apple store accounts. All procedures resulting from adding, submitting, publishing and updating applications in Google Play and Apple App Store lie with the Operator.
The Company may use a dedicated Application throughout the entire period of using the Platform. After the Company has finished using the Platform, the Operator will remove dedicated Applications from application stores and remove the web application from the servers.
The dedicated Application requires certification by Google Play and Apple App Store, which means that it must meet all the requirements set by these stores. Meeting the technical requirements is the responsibility of the Operator. Google Play and Apple App Store have the right to reject the Application or extend the certification period. Stores have the right to remove a previously published Application, if they consider that the Application violates the store's regulations.
The web application is launched in a subdomain of the Platform and/or in a domain owned by the Company or a client of the Company, and/or in a domain that will be purchased by the Operator at the request of the Company for an additional, individually agreed fee.
Data and data protection
The Company declares that it enters data (text and multimedia) that the Company is the author of or has the rights to.
The Company is responsible for managing the list of Administrators who have access to its data on the Platform through the Administration Panel or the Application. The Company is obliged to grant each Administrator the appropriate permissions, in particular with regard to access to the personal data of the Users and persons whose data is stored in the Project. The Company is responsible for the actions of the Administrators.
The Company declares that it is the administrator of personal data entered in the Company's Projects or is authorized to process this data and entrust its processing to third parties.
If the Users create individual access accounts in the dedicated Application, the administrator of the Users' personal data is the Company or the Company's client (the Company is authorized to process such data). The Company is obliged to provide the Operator with the contact details of the personal data protection officer and the Users' privacy policy, if it is different from the Privacy Policy used within the Platform. The Company receives tools to manage Users and their data through Administration Panel.
The Company entrusts the Operator with the processing of the Users’ personal data only for the purpose of performing the services provided within the Platform.
The Operator undertakes to process and protect personal data of the Users in accordance with the applicable law of the seat of the Operator and EU regulations.
The Company authorizes the Operator to issue authorizations to process the Company's data (including data of Administrators and Users of dedicated Applications) to persons involved in the processing of data on the part of the Operator and to the Operator's subcontractors. The list of subcontractors is published in the Privacy Policy and includes the scope of data processing, the place of data storage, the subcontractor's area of activity and the name of the subcontractor (unless it is a trade secret of the Operator). The Operator is responsible for the activities of subcontractors in the processing of personal data.
The Company's data entered into the Platform are the property of the Company.
The data entered by the Company displayed in the Applications must meet the requirements regarding permitted content for each platform (iOS and Android). In particular, it is forbidden to introduce pornographic content, hateful content, content which is promoting violence and content which is prohibited to be published by law.
The Operator is not responsible for the content of the data entered by the Company, Administrators and Users.
The Operator undertakes not to transfer the data entered by the Company to third parties (excluding the Operator's subcontractors and technology providers). The data provided may be used exclusively for the purposes of providing the services covered by the Terms of Service.
In the event of resignation from the Platform's services, all the Company's data will be deleted (excluding accounting/financial data related to the Company's purchases and transactions as part of the Platform's services).
The Operator declares that the principles of collecting, processing and protecting data of Administrators and Users are specified in the Privacy Policy.
The Privacy Policy may be supplemented by an additional personal data processing agreement made between the Company and the Operator, the provisions of which take precedence over the Privacy Policy.
Responsibility and obligations of the Operator
The Operator makes every effort to ensure the proper functioning of the Platform in its technical aspect. In particular, the Operator undertakes to secure access to data, both in regard to unauthorized persons and Administrators with various degrees of access rights.
The Operator undertakes to remove without undue delay any defects in the operation of the Platform and Application, if the Operator is directly responsible for the defect. In the event of incorrect operation of the Platform and Application, which is caused by a defect in the operation of one of the technology providers, the repair time is independent of the Operator. The Operator is obliged to report and monitor the implementation of the repair at the provider affected by the defect.
The Operator makes every effort to ensure the proper functioning of the Platform in its legal and technical aspects. The Operator will take into account changes in the law and update the Platform and Applications.
The Operator is not responsible for any damages and losses (including damages due to loss of profits from running a business, interruptions in the business’ operations or loss of economic information and other property damage), directly or indirectly arising from the use of the Platform, the inability to use the Platform, or the incorrect operation of the Platform.
The Operator bears no responsibility in connection with the improper use of the Platform and Application by the Administrators or Users and improper functioning of computer hardware or software, mobile hardware or software or communication systems by means of which the Administrator and Users connect to the Platform and Applications.
Complaints related to the use of the Platform may be submitted by email to support@unipla.eu. Complaints can be submitted within a maximum of 7 days from the date of occurrence of the problems reported in the complaint. The complaint processing time is 3 business days.
In matters not covered by these Terms of Service, the provisions of the Civil Code shall apply.
Disputes arising from the terms covered by these Terms of Service will be settled in the court competent for the seat of the Operator.
Amendment of the Terms of Service, Price List and Privacy Policy
The Operator reserves the right to change the Terms of Service, the Price List and the Privacy Policy.
Changes may occur, particularly in the case of:
technological or organizational changes in the operation of the Platform,
the need to adapt the operation of the Platform and the provisions of the Terms of Service to the new provisions of law,
changes in the functionality of the Platform, changes in the scope of provided services,
changes in the fees and functionalities of the Platform's subcontractors
in other justified cases.
The Operator notifies the Company of the intention to make amendments by making the content of the new Terms of Service/Price List/Privacy Policy available on the Platform's websites or through other means of communication.
The changes come into force on the date of publication or the date specified by the Operator and after notifying the Company about the changes.
The Company has the right not to accept the changes, which will be considered a resignation from the services of the Platform within 30 days of the rejection of the changes.