Regulations

Terms of Provision of Access to the LivoLINK Service

Article 1. General provisions

1. These Terms set out the conditions for the use and operation of the LivoLINK service, as well as the rights and obligations of Users and the duties and responsibilities of the LivoLINK Internet Service Provider.

2. The rules contained in the Terms of Provision of Access to the LivoLINK Service constitute the terms of provision of services by electronic means within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text: Journal of Laws of 2020, item 344) by Livo sp. z o.o., Al. Wincentego Witosa 3, 20-315 Lublin, entered in the National Court Register under KRS number 0000844469.

Article 2. Definitions

1. Terms – these “Terms of Provision of Access to the LivoLINK Service”, setting out the rules for the Service Recipient and the User using the LivoLINK service made available by the Service Provider.

2. Service Provider – Livo Sp. z o.o. with its registered office in Lublin (20-315) at Al. Wincentego Witosa 3, entered in the Register of Entrepreneurs kept by the District Court for Lublin-Wschód in Lublin, with its registered office in Świdnik, 6th Commercial Division of the National Court Register under KRS No.: 0000844469, NIP number: 9462697425, REGON number: 386211054, share capital of PLN 50,000.00

3. Service Recipient – the entity commissioning the Service Provider to render the Service.

4. Service – access to the Application named LivoLINK, made available to the Service Recipient under the conditions of these Terms.

5. Application – software installed on the Service Provider’s servers, made available via a web browser, accessible by logging in with a login and password.

6. Instance – the Service Recipient’s individual access to the Application, consisting of a separate database managed via the Application and a set of configuration settings. The Application can be used by multiple Users within a single Instance, using the access assigned to them by the Service Recipient.

7. User – a person with an individual login and password allowing them to use the Application.

8. Administrator – the User with the highest possible level of authority in the given Instance, who is the User who set up the Instance or the User to whom such authority has been granted.

9. Login – an individual and unique designation of the User, used when using the Service.

10. Password – a string of characters created by the User, used to secure access to use the Service. The User shall be responsible for keeping the password confidential. Actions and activities undertaken by the User after logging in shall be deemed to have been undertaken by the User.

11. User Account – individual access of a given User to the Application, determined by Login, Password, and authorisation level.

12. Web Browser – software installed on the Service Recipient’s devices, used to communicate with the Service.

13. Contract – an agreement between the Service Provider and the Service Recipient under which the Service Provider undertakes to render the Service and the Service Recipient undertakes to pay a fee for using the Service. The conclusion of the Contract is affected by the acceptance of these Terms and the Subscription.

14. Settlement Period – a period lasting one full calendar month.

15. Renewal Period – the period for which the Service Recipient extends the validity of the service by making payment.

16. Subscription/Subscription Plan – the selected variant of the Application, affecting the scope of the Service and its components – Subscription fee, features and available limits, described in detail at www.livolink.com or in the form of a separate agreement between the Service Provider and the Service Recipient.

17. Server Infrastructure – the technical environment where the Application runs, maintained and managed by the Service Provider. It consists of components such as servers, operating systems and a backup power supply.

18. API – a set of rules and protocols defining how software, or its components should communicate with each other.

Article 3. Conclusion of the Contract

1. The Contract shall be concluded when the Service Recipient accepts these Terms and the Subscription Plan.

2. The Service Recipient acknowledges that these Terms of Service Provision are binding for its use of the LivoLINK Application. The fact of using the LivoLINK Application shall mean that the Service Recipient fully understands and agrees with these Terms. 

3. The Service Recipient acknowledges that the Service Provider reserves the right to amend these Terms from time to time, but such amendments shall not be effective retroactively, and Subscription changes shall always take effect from the next Subscription period. The Service Provider shall inform the Service Recipient of the proposed wording of the amended Terms (or only those provisions of these Terms which are subject to amendment) at least 1 month before the date on which the proposed amendment shall take effect. In the event that the Service Recipient does not agree with the proposed amendment to these Terms, if the amendments result in a change to the scope of the rendered Service or affect the price (Subscription Plan), the Service Recipient may terminate the Contract on the day immediately preceding the effective date of the proposed amendment by sending a notice of cancellation to the Service Provider.

4. If the Service Recipient does not withdraw from the Contract in accordance with the preceding section, the amended Terms shall become part of the Contract and the Service Recipient shall be bound by these Terms from the effective date of the proposed amendment.

Article 4. Copyright

1. The exclusive copyright in the LivoLINK Website is held by Livo Sp. z o.o. with its registered office in Lublin, Al. Wincentego Witosa 3. Copyright in connection with the LivoLINK Website is subject to protection under the Copyright and Related Rights Act of 4 February 1994 (consolidated text: Journal of Laws of 2022, item 2509) or “Livo” sp. z o.o. with its registered office in Lublin (20-315) at Al. Wincentego Witosa 3.

2. The Service Provider represents that it is authorised to render the Service, including that is holds all legally required consents to continue to make the LivoLINK Website available to the Service Recipient under the conditions set forth in these Terms, and agrees to indemnify the Service Recipient for any damages and release the Service Provider from any liability in the event that any third parties should have claims for their intellectual property rights, including copyrights, towards the Service Provider regarding the Service Recipient’s use of the LivoLINK Website in accordance with these Terms.

3. The graphic design, the solutions used, the layout of the content and the concept of using the Application constitute works within the meaning of the Copyright and Related Rights Act of 4 February 1994 and as such are protected by law.

4. The use of the Application by the Service Recipient or other persons shall not imply their acquisition of any rights in intangible assets to the works made available.

5. The Application is protected under law. It is prohibited to copy, modify or distribute the Application in whole or in part, as well as to modify or use it in a manner other than specified in these Terms without the written consent of the Service Provider, under pain of legal liability, in particular under the Copyright and Related Rights Act of 4 February 1994 (consolidated text: Journal of Laws of 2022, item 2509), the Act of 16 April 1993 on Combating Unfair Competition (consolidated text: Journal of Laws of 2022, item 1233) and the Act of 27 July 2001 on the Protection of Databases (consolidated text: Journal of Laws of 2021, item 386).

Article 5. Technical requirements

1. The Service can be used by means of a device with access to the Internet and a Web Browser.

2. Service shall be unavailable in the event of:

1)  failure of the Server Infrastructure as a result of a force majeure event. A force majeure event shall be considered as one of accidental or natural (elemental) kind, unavoidable, beyond the Service Provider’s control, caused by forces of nature or third parties, the consequence of which is the lack of access to the Application or its functionalities or restrictions of the manner in which it can be used; an example of a force majeure event shall be a state of failure to render services necessary for the maintenance of the Application;

2)  occurrence of interruptions in access to the Service due to scheduled maintenance work or works to expand the Server Infrastructure, provided that the Service Recipient is notified at least 48 hours in advance (including at least 1 day which shall be a working day) of the scheduled work and the date of its completion, whereby the Service Provider agrees to conduct scheduled works on working days after 5:00 p.m. and before 7:00 a.m. and on weekends.

3. The Service Provider reserves the right to make changes to the Application, including its modification, introduction of additional functions, changes to the appearance and operation of individual elements, with the proviso that the changes made shall not result in a reduction of the Application’s capabilities for the Service Recipient compared to the state as of the date of conclusion of the Contract.

4. The operation of the Application may depend on the configuration of Web Browser options.

5. The occurrence of the circumstances referred to in this Article shall not constitute improper performance of the Contract and shall not entitle the Subscriber to discounts or rebates in relation to the selected Subscription.

Article 6. Rights and obligations of the Service Recipient

1. The Service Recipient shall be obliged to provide truthful details during the registration process.

2. The Service Recipient shall be entitled to free technical support for the use of the Application via e-mail at support@livolink.com and to additional forms of technical support, depending on the selected Subscription.

3. The Service Recipient and Users shall be obliged not to provide or transmit content that is prohibited by law, in particular content promoting violence, defamatory or infringing the personal rights or other rights of third parties.

In particular, the Service Recipient shall be responsible for ensuring that any Personal Data can be transferred to the LivoLINK Application in accordance with the applicable Data Protection Regulations and that the content sent to the LivoLINK Application does not infringe applicable laws or rights of third parties.

4. The Service Recipient must not use the LivoLINK Application in an unlawful manner or in any other way that could damage or disable LivoLINK or interfere with its operation.

5. The Service Recipient and the User using the Application shall be obliged to use ICT equipment that guarantees the confidentiality of information, using a secure Internet connection. The Service Recipient and the User acknowledge being aware that the use of random equipment, e.g. in Internet cafés, may carry a risk of data loss or unauthorised access for which they shall be held responsible.

6. The Service Recipient and Users shall be obliged to use the Service in accordance with the provisions of these Terms.

7. The Service Provider may use the Service Recipient’s logo and company name for marketing purposes by including them in the reference list on the Service Provider’s website, and the Service Recipient agrees to their use for this purpose. At any time, the Service Recipient shall have the right to object to the use of their logo and/or company name for the purpose referred to above, by writing to the Service Provider’s e-mail address: poland@livolink.com.

8. The Service Recipient shall be obliged to pay subscription fees. Failure to pay the fees may result in the Service being deactivated or its provision suspended.

Article 7. Rights and obligations of the Service Provider, limitations of the Service Provider’s liability

1. The Service Provider undertakes to render the Service with the utmost care and in accordance with the standards set out in these Terms.

2. The Service Provider shall not be responsible for the consequences of the Service Recipient making the Login and Password available to third parties.

3. Subject to other provisions of these Terms, in particular the obligation to ensure uninterrupted operation of the Application, the Service Provider shall not be liable for the improper provision of the Service caused by:

    a) failure to meet the technical requirements necessary for the use of the Application and the occurrence of other circumstances referred to in Article 5 of these Terms;

    b) the actions of third parties;

   c) reasons beyond the Service Provider’s control.

4. The Service Provider shall have the right to suspend the provision of Services with data retained on the server in the event of lack of payment from the Service Recipient.

5. The Service Provider shall not be liable for the Application malfunctioning if this is due to improper use of the Application by the Service Recipient.

6. Although the Service Provider takes all possible measures to ensure the high quality of service and functionality of the LivoLINK Application, the Service Provider makes no guarantees that the LivoLINK Application shall be available at all times, while its operation shall be error-free or uninterrupted. Accordingly, the Service Provider shall not be responsible for any temporary unavailability or limitation of access to the LivoLINK Application due to technical reasons, dependence on third-party services and other reasons beyond the Service Provider’s control. The Service Provider shall not be liable towards the Service Recipient and Users for any lost profits or indirect damage, nor shall the Service Provider be liable for any damage resulting from the operation or malfunction of the Application, unless such limitation of liability is restricted by applicable law.

7. The Service Provider shall have the right to suspend or restrict access to the Service and the LivoLINK API in the event that the Service Recipient or the User uses them contrary to these Terms.

8. The Service Provider shall not be responsible for the form and content of the information posted on the Website by its Users, in particular with regard to the validity, accuracy, completeness, detailedness and usefulness of information that may be the subject of disclosure.

9. The Service Provider may deactivate any User of the system if there is an indication of them using the Website contrary to the provisions of these Terms, if the User provides inaccurate data or information or posts information which is reasonably suspected to be of a criminal nature or may constitute a criminal offence. In particular, the Service Provider may request the User to provide explanations, the content of which is a condition for the User’s re-activation.

10. The Service Provider guarantees that access to the Service Recipient’s data shall only be possible for employees of the Service Provider not affiliated with other entities operating in a business sector identical to the Service Recipient’s business and shall be limited to activities necessary to ensure the correct operation of the Application. The Service Provider acknowledges that all data of the Service Recipient is confidential and constitutes a business secret within the meaning of current legislation.

11. Moreover, the Service Provider confirms that all of the Application’s organisational and system safeguards ensure a high level of security (encryption), including cyber security, preventing unauthorised access to any of the Service Provider’s confidential information on the Website, subject to compliance by the Service Recipient and its Users with the security conditions set forth in these Terms.

Article 8. Fees

1. For access to the Application, the Service Recipient shall pay a subscription fee in the amount specified in the Subscription Plan available at www.livolink.com or as individually agreed with the Service Provider. If the Plan is individually agreed with the Service Provider, it shall constitute an integral appendix to this Contract.

2. The Service Provider acknowledges that it is fully responsible for the timely payment of all subscription fees to the Service Recipient in accordance with the Subscription Plan. Should the Service Recipient fail to pay the subscription fee or any other amount due to the Service Provider within the required deadline, the Service Provider shall have the right to terminate the account of the given Instance and the Contract with immediate effect and permanently delete all data and backup copies of the Service Recipient, with the proviso that before permanently deleting such data and backup copies, the Service Provider shall inform the Service Recipient in writing, setting a final deadline for satisfaction of the claim.

3. By accepting these Terms, the Service Recipient agrees to receive VAT invoices in electronic form.

4. The Service Recipient shall be obliged to fulfil all obligations to pay any taxes and fees due under the Subscription, including VAT. The Service Recipient acknowledges that taxation rules may differ, in particular for Service Recipients from outside the European Union.

Article 9. Term and termination

1. The term of the Contract shall be determined by the Service Recipient’s Subscription Plan. The Contract may be terminated at any time before the end of the Service Recipient’s agreed Subscription period and shall come into effect at the end of the currently applicable Subscription period. In all other cases of payment of the Subscription fee, the term of the Contract shall be extended by an additional period corresponding to the agreed period of the Service Recipient’s Subscription. The term of the Contract shall not be extended in the event of termination by either Party. The notice of termination may be submitted electronically via e-mail to poland@livolink.com. If the Service Recipient decides to terminate the Contract before the end of the agreed Subscription period, the Service Recipient shall not be entitled to claim any part of the Subscription fee due or already paid.

2. In the event of a change in the Subscription price relating to a future Subscription period, the Service Recipient may terminate the Contract:

a) with effect as of the end of the current Settlement Period; or

b) extend the Settlement Period up to 6 months under the existing price conditions; in the event that the Contract is continued beyond the period referred to, the Service Recipient shall be charged a compensation fee equal to the sum of the amounts of the change in the Subscription price during the extended Settlement Period.

3. The Service Recipient shall be informed of the intention to change the Subscription price no later than 3 months before the end of the current Settlement Period.

Article 10. API

In the event that the Service Recipient uses the LivoLINK API, the Service Recipient undertakes to use the API in a lawful manner, in accordance with the provisions of these Terms and in accordance with the guidelines for the use of the API given by the Service Provider. Using the API the Service Recipient is able to download, add, delete and edit data contained in the Application, carrying out these actions at its own risk. The Service Recipient shall be obliged to make appropriate modifications in the method the API is used, as recommended by the Service Provider, in the event of improper use of the API, including its use in a manner generating unnecessary or excessive server load. Failure to make the relevant modifications despite a request sent via e-mail may result in the restriction or blocking of the use of the API.

Article 11. Data security

1. The Service Provider shall ensure that all necessary measures are taken to securely retain and archive the data stored in the Application by the Service Recipient.

2. The Service Provider ensures that the Application can only be accessed via an encrypted SSL connection with appropriate certificate authorisation.

3. All data entered directly, via API, downloaded via available integrations is kept within the Server Infrastructure located on European Union territory.

4. Data backup copies shall be created at least every 24 hours and maintained for a period of not less than 30 days from the date of the backup copy creation.

5. The Service Provider may use the data collected in the Application to analyse the use of the Application’s functions, to understand the way Users work, to improve the quality of the services rendered, and to develop new or improved functions of the Application, including prompting and prediction mechanisms based on machine learning solutions. Should it prove necessary for this purpose to analyse the data of companies or individuals entered by the Service Recipient into the Application, such analysis may be carried out only on anonymised and aggregated data.

6. The operator of the LivoLINK Application stipulates that any attempts by an unauthorised person to gain access to the information stored in the system, hack or bypass electronic or IT security measures, destroy, damage, erase or alter data stored in the system, or interfere with the operation of the Service, shall be prosecuted under the laws of the Republic of Poland, in particular under the Penal Code Act of 6 June 1997 (consolidated text: Journal of Laws of 2022, item 1138, as amended).

7. The Service Provider represents that it has undergone a certification process with regard to data security and holds a data security certificate in accordance with ISO 27001.

Article 12. Complaints and Contract termination

1. The Service Recipient shall have the right to lodge a complaint if the Service is not rendered in accordance with the provisions of these Terms.

2. A complaint should be sent by e-mail to support@livolink.com or by post to the Service Provider’s registered office address and contain a description of the objections raised.

3. The complaint should contain information on the address at which the Application is available, the complainant’s details, their Login in the system, the time the problem occurred and a detailed description of the problem.

4. Discounts and free Application use periods shall be envisaged if the Service Recipient was unable to use the Service in accordance with these Terms as a result of the reasons presented in the reported and recognised complaint. A recognised complaint shall not result in financial compensation.

5. In the case of a reduced payment for using the Service as a result of a long-term liability amounting to a multiplied settlement period sum, the Contract shall remain in force until the end of all settlement periods covered by the agreement resulting in the reduced payment.

6. It is possible to end access to the Application and to terminate the Contract before the end of the settlement period at the express request of the Service Recipient, but this shall not result in a refund of the fees paid.

7. In the event of termination of the Contract, withdrawal from the Contract, or any consequences of terminating the rendering of Services by the Service Provider, the Service Provider shall allow the Service Recipient time to perform migration of the data found on the Website to other servers by means of API, within the deadline agreed by the Parties which shall not be less than 14 days after the termination of rendering Services.

Article 13. Procedures for responding to Service Recipient notifications

1. The Service Provider shall be entitled to interfere with the data structure, the Application settings and the Users’ authorisations if it is implementing the orders under notifications filed by the Service Recipient or if these actions are required for the proper operation of the Application and shall not result in data loss.

2. Notifications related to support in using the Application, including its possible malfunction, may be sent by the Service Recipient by e-mail to support@livolink.com from the e-mail address which is the User’s login in the LivoLINK Application or by telephone, if the package selected by the Service Provider provides for these forms of technical support.

3. The Service Provider assumes that a notification submitted by e-mail and via online chat by a logged-in User is actually sent by the User. The Service Provider shall not be responsible for providing the possibility to communicate via online chat or e-mail address to a third party who, as a result, claims to be the Service Recipient.

4. Notifications relating to changes to the Contract, User data, payment corrections, granting access to LivoLINK, changes to logins and data export must be submitted by e-mail to poland@livolink.com. Such a notification must be sent by a person who is the Administrator of the account, whose account has not been deleted and which is valid or expired no earlier than 14 days ago, from the e-mail address constituting the login within LivoLINK.

5. If it is not possible for the Administrator to send the notification, the relevant changes may be made after sending a scan of a written notification for their introduction signed by a person authorised to represent the Service Recipient. Should there be doubts regarding the intention behind the changes to be introduced or any other objections, the Service Provider shall have the right to demand submission of the original document through which changes are ordered, before the changes are introduced. The Service Provider and the Service Recipient accept that the uploaded scan of the notification shall be a sufficient document and the Service Provider assumes no responsibility for the consequences of the introduced changes.

6. Unblocking access to an account that has been blocked as a result of entering an incorrect password can be carried out on the basis of a notification submitted by telephone, via online chat and by notification sent via e-mail. It is required to indicate the address of the Instance and the login of the blocked User.

7. If the Service Recipient or User submits an opinion about the Application or a suggestion for a change (e.g. improvement, modification or extension of the Application) to the Service Provider, the Service Provider shall be entitled to use the submitted opinion or suggestion, and the Service Recipient or User, by submitting the opinion or suggestion, shall grant the Service Provider a perpetual, irrevocable, non-exclusive and royalty-free licence for all rights necessary to create, publish, copy, distribute, modify and adapt the work resulting from the received suggestion, including public display, performance and use of the suggestion for any purpose.

8. The Service Provider shall not be obliged to introduce the proposed changes to the Application and the entered data. In agreed circumstances, the Service Provider may offer to introduce certain changes against payment, on the basis of an individually prepared quotation or as part of the support provided in connection with the package selected by the Service Recipient.

Article 14. Personal data protection

1. By using the Application the Service Recipient agrees to the processing of personal data relating to it, persons representing it or acting on its behalf to enable the use of the Application and grant access. The Service Recipient shall be responsible for fulfilling the information obligation in relation to the persons it engages or who provide services or work for it.

2. The Service Provider shall be the personal data controller for data concerning the persons indicated in the section above.

3. The controller of other persons’ personal data which shall be included in documents and materials originating from the Service Recipient shall be the Service Recipient who authorises the Service Provider to process personal data obtained by it. The purpose of this outsourcing is to ensure support for the Application by the Service Provider’s entities rendering services to this extent, to which the Service Recipient agrees.

4. The Service Recipient agrees to the use of data to ensure the Application’s ability to learn automatically and to enhance its functionality and accuracy. The Service Recipient shall ensure and guarantee that such data in the process in question is subject to automatic conversion in a manner preventing identification of its original content and the entity from which it originated. 

Article 15. Personal data processing outsourcing

1.   The Service Recipient outsources personal data processing to the Service Provider to the extent and under the conditions set forth in these Terms and in accordance with the provisions of law in force on the date of the Contract.

2.   Processing by the Service Provider shall be carried out on behalf of the Service Recipient and consist in the provision of application sharing services.

3.   Processing shall be carried out for the purpose of performing the Service, to the extent necessary and proportionate to the purpose.

4.   Processing shall be carried out during the period of the Application sharing service provision.

5.   The Service Provider shall ensure that persons authorised to process personal data are obliged to maintain confidentiality.

6.   Taking into account the state of the art, the cost of implementation, and the nature, scope, context and purposes of processing and the risk of violation of the rights or freedoms of natural persons with different probability of occurrence and severity of the threat, the Service Provider shall implement appropriate technical and organisational measures to ensure a degree of security appropriate to the risk, including but not limited to providing, as appropriate:

7.   The Service Provider shall ensure that each person processing personal data outsourced for processing on its behalf shall have an individual, named authorisation to process personal data.

8.   The Service Recipient agrees that the Service Provider may use the services of other processors with whom it continuously cooperates and who provide personal data security at a level at least equal to that of the Service Provider. The Service Recipient shall have the right to objection which shall require justification.

9.   Through appropriate technical and organisational measures the Service Provider shall assist the Service Recipient in fulfilling its obligation to respond to the data subject’s requests for the exercise of their rights set forth in Chapter III of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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 – GDPR).

10. Taking into account the nature of processing and the information available to it the Service Provider shall be obliged to help the Controller comply with the obligations set forth in Articles 32 to 36 of the GDPR.

11. The Service Provider shall make available to the Service Recipient all information necessary to demonstrate compliance with the obligations set forth in this agreement and shall allow and contribute to audits, including inspections, by the Service Recipient or an auditor authorised by the Service Recipient.

12. The Service Provider shall be obliged to promptly inform the Service Recipient about the discovery of a personal data protection breach, in accordance with Article 33 (3-5) of the GDPR.

13. The Service Provider shall undertake to provide any information requested by the Service Recipient no later than 7 days from the date of receipt of a request from the Service Recipient sent electronically to the address used for contact between the parties or in writing by registered mail, with the following stipulations:

a.   in the event of a data protection breach, the Service Provider shall inform the Service Recipient without its request no later than 24 hours after the discovery of the breach;

b.   in the case of deadlines imposed on the Service Recipient by an Administration body or a court, the Service Provider shall be obliged to respond promptly, no later than within the time allowing the Service Provider to meet the deadline indicated by the Administration body or the court.

14. The Service Recipient shall inform the Service Provider of the planned audits referred to in section 11 at least 7 days before the audit is scheduled to take place.

Article 16. Information obligation of the Service Provider

Pursuant to Article 13 and 14 of the General Data Protection Regulation of 27 April 2016 (GDPR) we wish to inform you that:

1) The controller of your personal data:

The controller of your personal data is Livo Sp. z o.o. with its registered office in Lublin (20-315) at Al.  Wincentego Witosa 3, entered in the Register of Entrepreneurs kept by the District Court for Lublin-Wschód in Lublin, with its registered office in Świdnik, 6th Commercial Division of the National Court Register under KRS No.: 0000844469, NIP number: 9462697425, REGON number: 386211054, share capital of PLN 50,000.00

1a) The scope of personal data includes personal data of the Service Recipient’s representatives and persons participating in the performance of the Contract and their contact details. 

2) For any matters concerning the processing of your personal data, the LivoLINK operator can be contacted by e-mail: poland@livolink.com.

3) Personal data processing purpose

The personal data you provide shall be processed:

i) for the purpose of concluding and performing the Contract – the legal basis for data processing is the data requirement for the conclusion and performance of the Contract or the protection of the Service Provider’s legal and economic interests, in accordance with Article 6(1)(b), (c), (f) of the General Data Protection Regulation 2016/679 (Regulation 2016/679); and also for the purpose of direct marketing of the services provided, with the proviso that the Service Recipient shall be entitled to revoke consent to the processing of data for this purpose at any time in a manner appropriate to a complaint. 

4) Your personal data shall be transferred to entities rendering services to the Service Provider and entities using the personal data in connection with the performance of the Contract, such as providers of IT systems and services, or accounting and legal services, only to the extent necessary as set out in these Terms.

5) Your personal data shall be processed for the duration of your use of the Application. The processing period may be extended in each case by the period necessary for the performance of the concluded Contract (in the event of selecting the submitted proposal), as well as by the period of the statute of limitations for claims, if the processing of your personal data is required to allow the Service Provider to establish or assert possible claims or defend against such claims. After this period, the data shall only be processed to the extent and for the duration required by law or shall be permanently deleted.

6) You have the right to access the content of the data and to request its rectification, erasure, restrict its processing, the right to data portability and to object to the processing of data, unless the processing is still necessary for the performance of a concluded and binding Contract or is required by law. The exercise of the right to withdraw consent shall not affect the processing carried out before the withdrawal of consent.

7) You also have the right to lodge a complaint with the data protection supervisory authority if you believe that the processing of your personal data breaches Regulation 2016/679.

8) The provision of personal data is necessary for the conclusion and performance of the Contract. The consequence of not providing personal data is, in particular, the impossibility of concluding or performing the Contract.

9) The Service Provider does not plan to transfer personal data to a third country or international organisation, nor to carry out profiling.

Article 17. Cookies

The Application uses cookies. Cookies are text-only pieces of information stored via a server on your computer which can be read via the server each time the User connects to the computer. If the User does not accept (temporary) cookies, they cannot use the Application while retaining the ability to delete cookies stored in their device’s memory.

Article 18. Governing law

All matters and disputes arising from the Contract or the use of the Application shall be adjudicated under the laws of the Republic of Poland by the common court with jurisdiction over the registered office of the Service Provider.

Article 19. Duration

1. These Terms are effective as of 1 November 2023.

2. Amendments to these Terms shall be introduced by the Service Provider with an indication of duration of their validity.

           Service Provider                                                                                  

Kraków, 14 November 2023

Appendix No. 1 to the Terms of Provision of Access to the LivoLINK Service

CONDITIONS FOR REMOVING FAILURES AND ERRORS

The Service Provider shall ensure the availability and uninterrupted operation of the Application, i.e. stable operation of the Application to the best knowledge of the condition, for no less than 99.0% of the time the Services are provided in a calendar year and for no less than 99.0% of the time the Services are provided in a month. Therefore, it shall be understood that the maximum time for the removal of Critical Errors and any possible unscheduled interruptions in rendering Services or unavailability of the Services due to problems on the part of the Service Provider may not exceed 8 hours in a month, with a maximum of 4 hours in one day or 8 hours in the interval between 5:00 p.m. and 7:00 a.m. on the following day.

     Working Hours – Monday through Friday, from 8:30 a.m. to 5:00 p.m.;

Response time – the time between when a representative of the Service Recipient reports a problem and the confirmation by a representative of the Service Provider that the notification is valid and complete – in particular, that they have received a complete set of information allowing to recreate the situation in a test environment in order to diagnose, prepare and test the procedure to remove the failure;

1. Repair time – the time counted from the acceptance of the notification by the Service Provider until the implementation of the repair procedure which shall remove the error and its consequences or, in justified cases, when this process cannot be implemented in such a time (e.g. requires lengthy testing), the presentation of a temporary workaround that can be used until all causes and consequences of the failure are removed;

2. Critical Error – a failure of the Application that leads to a temporary or permanent stop in the operation of the Application or loss of data or violation of its integrity, as a result of which current operation of the Application is impossible.

The definition of a Critical Error excludes such types of irregularities the occurrence of which does not affect the ability of current operation of the Application, is not of a global nature (e.g. it affects individual users or singular data (e.g. a specific proposal, or file);

3. Ordinary Error – irregularities of the Application arising, among other things, after installing an update, causing problems in current operation of the Application, including preventing the use of certain functions of the Application, but not blocking the performance of its basic functions.

If the repair time referred to above is exceeded, the Service Recipient shall be entitled to a contractual penalty on following principles:

a)     in the event of exceeding the repair time of an Ordinary Error, for each 2 hours of time exceeded, in the amount of 2% of the net monthly subscription;

b)     in the event of exceeding the repair time of a Critical Error, for each 2 hours of time exceeded, in the amount of 5% of the net monthly subscription;

The contractual penalties are due upon the expiration of the deadline indicated in the debit note which is not less than 14 days, without the need for issuing a separate call for payment. Penalties may be deducted from the subscription for the given month or subsequent months.

           Service Provider                                                                                  

Kraków, 14 November 2023