Application Access Rules
1. Application Provider – VSoft Spółka Akcyjna [Joint Stock Company], with its registered address in Kraków at ul. Puszkarska 7J, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków Śródmieście Section XI Business Registers of the National Court Register under number KRS 0000167032, holding tax identification number NIP: 677-22-09-677 and REGON number: 356681441.
2. Mobile Workforce Application or the Application – a mobile application owned by VSoft SA, enabling to use the service.
3. Mobile Workforce Server Application or Server Application – software necessary for proper Service operation, operating on Application Provider’s servers. The Server Application is necessary for proper Application operation.
4. User – a legal person, an organisational unit not having any legal personality, and also a physical person running business activity, using the Application in order to learn its functionality.
5. Account – a set of User-related IT data, created and maintained within the Framework of the Service, which enables verification of the User’s authorisation to use the Service and ensure Service operation.
6. Mobile Device – a portable device (smartphone, tablet) based on the Android operating system, version at least 6.0 or iOS, version at least 13.
7. Login details – data by means of which the User logs into the Account, i.e. the Login and the password.
8. Service – making it possible to learn service operations for test purposes, consisting in orders handling and monitoring of field employees in the version for a Mobile Device.
9. Registration – a process preceding and conditioning beginning of test use of the Application described in Item IV hereof.
II. GENERAL TERMS AND CONDITIONS AND ACCESS TO THE APPLICATION
1. The owner and entity managing the Application is the Application Provider.
2. The Application can be downloaded from an internet store: Google Play or App Store.
3. Having obtained access to the Server Application, the Application enables the User to learn, for test purposes, possibilities of the service consisting in orders handling and monitoring of field employees by means of a Mobile Device and the installed Application (Service).
4. In order to use the Application it is necessary to have a Mobile Device connected to Internet.
5. The Application and all materials and information included in it, as well as the arrangement of the contents presented within the Application, as well as logotypes, graphic elements and trademarks, constitute the subject of exclusive rights of the Application Provider or its business partners, including particularly the rights referred to in Item 10 of this chapter and they are subject to legal protection.
6. The Application Provider grants the User a text access to the Application, enabling the User to become acquainted with the method of the Application operation and its functionalities.
7. The User may use the Service by:
a. downloading the Application to the Device from Google Play or App Store and its installation on the Mobile Device
b. proper settlement of an account via the registration form available in the mobile Application.
c. entering the service activation code, sent to the e-mail address given during the account registration.
8. The condition of using test Access to the Application is giving true data by the User and accepting, in whole, the provisions of these Rules by a person authorised to represent the User and run the complete process described in Item 7 above.
9. The right to use the Application is granted for a limited period of time: 30 days from downloading the Application and afterwards it expires.
10. The Application is subject to protection stipulated in the Polish legal regulations, particularly the Act of 4 February 1994 on copyright and neighbouring rights, the Act of 30 June 2000: Industrial Property Law and the Act of 27 July 2001 on Database Protection.
11. The Application Provider shall not be held liable for:
a. damages suffered by the User as a result of the occurrence of one or several risks related to Internet use, and particularly for the infringement of integrity or security of the systems installed on the User’s Device, obtaining access to User’s passwords by third persons or infecting of the system installed on the User’s devices with malicious software or viruses,
b. actions of third parties, including Users, performed by means of the Application,
c. any direct or indirect effects of Users’ actions or omissions in relation to the Application use,
d. direct or indirect damages stemming from the infringement of legal regulations or Test Access Rules by the User,
e. errors in resources or functions made available in the Application and the Server Application, not attributable to the Application Provider,
f. other damages related to the Application operation if they were independent from or not attributable to the Application Provider, and in particular, stemming from breakdown or improper operation of telecom systems, Server Application hardware infrastructure or Force Majeure incidents.
12. The Application is made available free of charge and it is not covered by any guarantee within the scope permitted by the applicable regulations. The Application Provider does not guarantee that the Application has no damages or errors, or that it will operate without any problems.
13. The User is prohibited to deliver any illegal, offensive, untrue or misleading contents, any contents containing viruses or contents which might cause disturbances or damages of computer systems. In the event that the Application Provider receives reliable information about illegal nature of stored data provided by the User, the Application Provider may cease access to such data and block User’s access to the Application. The Application Provider shall not be held liable towards the User for any damages occurring as a result of ceasing access to any illegal, offensive, untrue or misleading contents, any contents containing viruses or contents which might cause disturbances or damages of computer systems. In the event of receiving reliable information that the contents provided by the User have the nature indicated in the previous sentence the Application Provider shall notify the User about the intention to cease access to data. In the event that the User provides contents and data mentioned above, the Application Provider shall have the right to claim damages directly to the User, in accordance with the principles stipulated in the Civil Code.
14. The User shall have the right to lodge complaints if it becomes impossible to download a fully operational Application.
15. Complaints shall be submitted by email to firstname.lastname@example.org
16. Any complaint shall include the User’s reference and description of the problem being the basis of the complaint.
17. The Application Provider will do its utmost to ensure that complaints are considered within 30 days from receiving them. The Application Provider shall notify the person submitting the complaint immediately about the result via email to the e-mail address given in a complaint notification.
III. TECHNICAL REQUIREMENTS AND PRINCIPLES OF ACCESS TO THE APPLICATION
1. The Application is available to all authorised persons using Mobile Devices which meet the below-mentioned technical requirements and to which the above-mentioned persons will download the Application from a respective store with applications and run it properly.
2. The User’s Mobile Device on which the Application will run should meet the following technical requirements with regard to the operating system:
a. for the Application version downloaded from App Store – iOS, version 13 (or more recent),
b. for the Application version downloaded from Google Play – Android, version 6.0 (or more recent).
3. Downloading and installation of the Application from other sources than those indicated above constitutes infringement of these Rules.
4. In order for the Application to start and operate properly, it is necessary to activate the following Device functions:
a. active connection to internet,
b. active access to the location.
5. In order to use the Application functionalities, the User should previously register by means of the Application.
IV. USER REGISTRATION
1. When running the Application on a Mobile Device for the first time the User shall be obliged to go through the registration process, consisting in setting up of an individual User account (hereinafter referred to as the „Registration”) by means of the form available in the Application.
2. In order to do the Registration the User must give the following details:
c. e-mail address;
and the User must confirm that he/she has become acquainted with these Rules and accepts them.
3. The next step is to enter the service activation code sent to the e-mail address given during the account registration.
4. After entering the login in the Application the authorisation token will be sent to the e-mail address given by the User during the registration, which should be entered in the Application by clicking the „Enter code” button, which will cause pairing of the Mobile Device with the Server Application and granting the User access to the Application.
5. In order to use the Device and Application functionalities, it is necessary to start and log into the Application (or have the Application running in the background).
6. During Registration and when using the Application the User is obliged to:
a. give true, accurate, updated and not misleading data;
b. update data given during the Registration if they change later; data can be updated in the Application settings;
c. keep the password for logging in to the Application confidential and not make it available to any other persons.
7. The Application Provider may extend the registration form with additional fields, filling of which by the User is voluntary (optional data) and does not have any impact on positive completion of the Registration process.
8. The User shall be exclusively liable for non-compliance of data given by him/her and also for disclosing the password for logging into the Application to third parties.
9. The Application Provider shall notify that in no way does it verify Users’ identity during their Registration. In case of reasonable doubts as to whether any data given by the User during Registration are true, the Application Provider reserves the right to limit to the User the possibilities of using the Application until the User confirms having given true data. The Application Provider shall indicate to the User the way of data confirmation by means of a message sent to the email address, given by the User during Registration.
10. The User Account shall be deleted from the Application Server together with all data which have been introduced after 30 days from the registration date.
V. FINAL PROVISIONS
1. These Rules shall become effective as of 26.11.2020.
2. These Rules are available through the Application and on vsoft-mobile-workforce.com
3. These Rules regulate only the principles of using the Application in order to test it for a period indicated in the Rules. These Rules do not limit using the Application by any entities which use the Application on the basis of contracts concluded with the Application Provider separately.
4. In the event that the User decides to buy the application after completing Application tests, he/she should contact the Application Provider to enter into the agreement:
5. The Application Provider reserves the right to unilaterally amend the Rules provisions. Users shall be notified about any amendments to these Rules with at least 7 day’s notice sent to e-mail addresses given by them upon Registration. Changes shall become effective as of the date indicated in the notification on Rules amendments (which cannot occur earlier than within 7 days). Changes shall be deemed to be accepted by the User upon further use of the Application after the respective changes have become effective.
6. In all matters not regulated by these Rules the Polish law shall be applicable.
2. The Mobile Workforce Application is installed on Mobile Devices, particularly on mobile phones and tablets and after prior downloading of the Application:
– in case of a mobile device with Android system, from Google Play;
– in case of a mobile device with iOS system, from Apple App Store.
3. Using the application requires having a Mobile Device with iOS or Android system and connection of such Mobile Device to Internet. Some Application functionalities require also that such Mobile Device has a camera. In order to use the Application, the User has to register the Account via the registration form available in the mobile Application.
4. Personal data can be processed only in order to perform the agreement and they concern only data given by the User at the stage of registration and using the Account (provided that such data are personal data), as well as such processing takes place in accordance with the provisions of the 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). The Application Provider shall ensure respective technical and organisational means in order to protect personal data.
5. The Administrator of Personal Data given during the User registration process is VSoft S.A., with its registered address in Kraków, at ul. Puszkarska 7J, hereinafter referred to as “VSoft”. Personal data will be processed in order to perform the agreement, register and identify the User (Art. 6 Item 1 Letter b of GDPR); consider complaints, protect against potential claims (Art. 6 Item 1 Letter f of GDPR).
Personal data may be transferred to other recipients, e.g. entities participating in processes necessary to provide the service (e.g. a hosting provider) and other entities authorised on the basis of legal regulations.
Personal data will be processed during Application testing and later in order to protect against potential claims. Giving of data is voluntary, but necessary in order to obtain access to the Application. Users have the right to access their data, correct them, demand data update, remove, limit processing, the right to transfer data or notify objection as to data processing, as well as the right to lodge complaint to the supervisory body, i.e. the President of the Personal Data Protection Office.
6. Depending on the operating system, the Application may get access to the following authorisations on a Mobile Device:
a. device memory and cameras for the needs of making photos for reports,
b. device location for the needs of completing report data,
c. memory of text messages and the list of calls for the needs of clients’ identification in the Application.
In addition, the Application may pass to the Server Application information about the name of the Mobile Device, on which the Application has been installed, version of the Mobile Device operating system used by the User, Application version and notifications token. Depending on the operating system version on the Mobile Device, Application authorisations can be cancelled by changing system settings or Application uninstalling.