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Regulations and privacyTerms and conditions for using the GoTachoCurrent version

Terms and conditions of use for the GoTacho application

This version of the Terms and conditions of use for the GoTacho application is effective from July 1, 2025.

Note

Want to review the list of all historical versions of the regulations?

Go to the section Terms and conditions for using the GoTacho - History.

I.

DEFINITIONS

In these Regulations, the following terms mean:

1.

Regulations – these regulations specifying the rules for using the Application and the rules for providing services by the Company, together with all annexes thereto and any subsequent amendments introduced to the Regulations, in accordance with the terms specified herein.

2.

User – a natural person who is over 18 years of age and has full legal capacity legal entities and:

a)

uses the Web Application by creating an Account (Private or Business) or within an existing Account based on a profile created by an authorized User, or

b)

uses the Mobile Application and for this purpose concludes an Agreement with the Company for the provision of Services via the Mobile Application – regardless of whether he or she has his or her own Account or only a profile assigned to the Business Account.

The User may be, in particular:

a)

Account Owner – a person who has independently created a Private or Business Account and concluded an Agreement with the Company;

b)

Invited User – a person who has been given a profile within the Company Account by an authorized User and has been assigned an appropriate role, enabling the use of the Application (Web and/or Mobile) within the scope of the granted permissions; an invited User does not have his/her own Account and operates solely within the framework of the Company Account assigned to him/her.

In the case of a Private Account, the Account Owner remains the only User.

3.

Account Owner – a User who has independently created an Account and concluded an Account Agreement with the Company, having full administrative rights within it, where:

a)

in the case of a Private Account – is a natural person acting on their own behalf, using the Account only for purposes unrelated to business activity;

b)

in the case of a Business Account – acts on behalf of the Client who is a Company and manages the Account in connection with the conducted business activity.

4.

Client – an entity that has concluded an Account Management Agreement with the Company, including:

a)

a natural person – in the scope of a Private Account, intended solely for personal use and not related to business activity,

b)

Company – a legal person or an organizational unit without legal personality, represented by an authorized Business Account Owner, acting in connection with the conducted business activity.

Only an entity with full legal capacity can be a customer

5.

Account – A service provided electronically by the Company, assigned to the Client and managed by the Account Holder, accessible under a unique name (login) and password-protected. An account is a dedicated area of ​​the Application where User data (if permitted), driver data and their activity, data on Infringements and Incidents, and other resources are collected.
The following are distinguished:

a)

Private Account – intended solely for personal use by a natural person, without the ability to add other Users,

b)

Business Account – intended for use in connection with business activities, enabling the addition of multiple Users and their management within one Organization.

The Customer may only have one Private Account or one Business Account in which he/she acts as the Account Owner.

The Profile is part of the Account and is not a separate service provided by the Company. The Invited User Profile is part of the Client’s Business Account. Possession of login details assigned to access the Profile does not constitute possession of a Private Account.

6.

Service – a digital service for access to the GoTacho platform (Web Application + Mobile Application) provided in the Software as a Service (SaaS) model, including in particular:

a)

automatic downloading and processing of files from digital tachographs and cards drivers,

b)

calculation and generation of working time records, payroll reports, infringement reports and other documents required by labor law and road transport regulations,

c)

secure, remote transmission, storage and archiving of this data in the cloud,

d)

presentation of results in web and mobile interfaces and their export to files/API,

e)

updates and technical support provided by the Company.

The service does not include any accounting activities or legal advice – it only provides IT tools supporting these processes.

7.

Updates – means any corrections, feature extensions and other modifications Services.

8.

Application – GoTacho software including:

a)

Web Application – an IT system accessible via a web browser, and

b)

Mobile Application – a software tool intended for installation on mobile devices with Android or iOS, used to support professional drivers in the ongoing registration of activity and communication with the Application, enabling data transfer, receiving notifications and monitoring of working time in real time.

Both versions work together and enable users to process, analyse and archive data on the activity of professional drivers obtained from digital tachographs and driver cards in order to keep records of working time, detect infringements and generate the required documents in accordance with applicable law.

9.

Organization – a collection of information regarding a set of drivers/vehicles. The application allows you to create multiple Organizations within a single Company, which can represent real entities or logical groups of resources.

10.

Company – a legal person, an organizational unit without legal personality. Within a single company, it is possible to create multiple Organizations representing individual operating units, divisions, or affiliated companies. The Organization manages the structure, Users, permissions, and resources such as drivers, vehicles, and documents. User roles are assigned in the context of the entire Company or selected Organizations, according to their scope of responsibility.

11.

Violations - deviations from the law regulating drivers’ work. Examples violations:

exceeding the daily driving time,

missing the required break,

taking too short a daily rest,

not taking the weekly rest within the prescribed time,

incorrect manual entries, missing data from the driver card or tachograph,

missing mandatory documents or their incorrect use.

Violations are automatically analyzed and classified according to scale (minor violation, serious violation, etc.).

12.

Events - special entries recorded by the tachograph that inform about technical irregularities or potential system security breaches. They are used to identify situations in which tachograph data may be incomplete, unreliable, or require attention during analysis.

Examples of events:

no position information from the satellite receiver,

power outage,

inconsistency between traffic data and recorded driver activity data.

13.

Website – website operating at

14.

Company – a company operating under the name GOTACHO SP. Z O.O., Promienista Street 15/1, Poznań (60-288), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under the KRS number: 0001177082, NIP: 7792589531, REGON: 541928080 , contact form available at , telephone number: 513 229 000; the owner of the copyright to the Application, who enables Users, under the terms and conditions specified in the Regulations, to use the Application.

15.

Consumer – a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity, or a natural person who concludes a contract directly related to his or her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him or her.

16.

GTC (GoTachoCoin) – a unit of account. At least 1 GTC is required to actively use the App’s features.

17.

Subscription (cyclical model) – an automated, renewable every 30 days form of payment for access to the Service, consisting in the regular allocation of a pool of GTC. The Subscription is not a separate agreement; it is solely a method of paying for the Service.

18.

Top-up (Prepaid) – means a one-time purchase of a specified number of GTC billing units. Top-up does not constitute a separate agreement, but merely a form of payment for the Service.

19.

Agreement (Agreement for the use of the Application) – an agreement concluded between the Client and the Company, remotely, electronically, upon creation of an Account and acceptance of the Regulations, under which the Company provides the Service in the SaaS model and the Client pays for it through the Subscription or Top-up. Account Management Agreement - an agreement concluded between the Client and the Company upon creation of an Account in the Application and acceptance of the Terms and Conditions, under which the Company provides a service consisting in providing access to the Application and maintaining the Account, enabling the use of its functionalities in accordance with the scope provided for a given type of Account.

20.

Parties to the Agreement – the Company and the Client, hereinafter referred to jointly.

21.

Territory of Russia and Belarus – means the territory of the Russian Federation or the Republic of Belarus covered by sanctions introduced by the European Union, the United States or other authorized international bodies against the Russian Federation and the Republic of Belarus, in particular in connection with actions violating international law, destabilizing international peace and security.

22.

Sanctions – means all restrictive measures, limitations and prohibitions imposed by the European Union, the United States or other authorized international bodies on the Russian Federation and the Republic of Belarus, including economic, financial, trade sanctions and sanctions relating to the export and import of technology.

23.

Confidential Information - all information relating to the Application, documentation, materials, products, services, including important elements such as algorithms, logic and technical data provided by the Company to the User.

24.

Account Suspension – the Company temporarily restricts the Customer’s access to the functionalities of the Service, in particular to digital content or tools available within the Account, due to the lack of an active Subscription, nonpayment, or other circumstances specified in the Terms and Conditions. Suspension does not terminate the Agreement, but merely suspends the provision of the Service until the reason for the suspension ceases.

25.

Proportional refund of the fee – the amount due to the Customer in the event of early termination of the Service for reasons attributable to the Company, corresponding to the value of the unused portion of the Subscription or the remaining GTC units, calculated in proportion to the period in which the Service was not provided or the value of unused benefits.

1.

GENERAL PROVISIONS

1.1.

The Regulations define the rules for using the Application, the rules for providing Services, the rights and obligations of the Client, User and the Company, and the conditions for concluding and terminating contracts concluded on the basis of the Regulations.

1.2.

The application enables in particular:

1.2.1.

Settlement of drivers’ working time: automatic creation of working time records (driving, breaks, rest periods, on-call duties, etc.), calculation of wages and allowances in accordance with applicable regulations.

1.2.2.

Detection and reporting of infringements: identification of exceeding driving time, shortening rest periods, errors in tachograph operation, generation of control reports in accordance with the requirements of ITD, PIP and other authorities.

1.2.3.

Remote data upload and download: receiving files from driver cards and tachographs,

1.2.4.

Generating documents and reports: work time records, infringement reports, schedules, monthly statements, documents ready to be presented during inspections.

1.2.5.

Compliance management: reminders about data collection deadlines and control obligations, support in maintaining documentation in accordance with national and EU regulations.

1.2.6.

Secure data archiving: cloud data storage with online access, meeting requirements for driver documentation retention periods.

1.2.7.

Mobile app: allows drivers to record activity, send alerts and reminders directly to their phone.

2.

TERMS OF USE

2.1.

The Customer accepts the terms of the Regulations by checking the appropriate checkbox confirming acceptance of the Regulations when registering an Account on the Website and placing an order for the Service.

2.2.

Failure to accept the Regulations prevents the creation of an Account.

3.

TYPES OF ACCOUNTS

3.1.

Two types of Accounts are available within the Application

a)

Private Account – intended solely for personal use, unrelated to business activity,

b)

Business Account – intended for use in connection with the business activity conducted by the Company.

3.2.

A Private Account may only be created by a natural person with full legal capacity. The owner of a Private Account is the natural person who independently created the Account and entered into an Agreement with the Company. It is not possible to invite other Users or share resources within a Private Account.

3.3.

A Business Account may only be created by a natural person acting on behalf of the Company with full legal capacity. This person acts as the Business Account Owner and concludes the Agreement with the Company on behalf of the Company.

3.4.

Within the Company Account, it is possible to invite additional Users and assign them roles and permissions in the organizational structure in accordance with the functionality of the Application.

3.5.

Each Customer may only have one Account of a given type assigned to a single email address. Using a Private Account for business purposes is prohibited.

3.6.

The Company reserves the right to verify the Account type and – in the event of its improper use – to request the Customer to convert it to the appropriate Account type or terminate the Agreement with immediate effect.

4.

USER ROLES

4.1.

User roles are assigned during the invitation process to the Organization and can be is their subsequent modification.

4.2.

Within the Company Account, it is possible to assign one of the following roles to the User:

a)

the Account owner,

b)

System administrator,

c)

the Company administrator,

d)

manager,

e)

driver.

4.3.

By default, the assigned role for a Customer who creates an Account during the registration process is the Account Owner role. An account with the Owner role has all possible permissions and cannot be changed.

4.4.

A detailed description of the permissions assigned to individual roles can be found in technical and functional documentation of the Application.

4.5.

The only User authorized on behalf of the Corporate Client to purchase the Services, their changes and termination of the Agreement is the Account Holder.

5.

USER INVITED UNDER A COMPANY ACCOUNT

5.1.

Within the Company Account, the Account Owner or another User with appropriate permissions may invite other individuals to use the Application by creating an Invited User profile for them, which is linked to the Company Account.

5.2.

An invited User is granted access to the Application within the Company Account, in accordance with the role assigned to him and the scope of permissions granted by the Account Owner or a person acting on his behalf.

5.3.

At the time of invitation, a profile of the invited User is created, which must be activated by clicking on the activation link sent to the e-mail address provided during the invitation.

5.4.

The activation link is valid for 24 hours from the time it is sent. If the invited User does not activate their profile within this time, their profile will be automatically deleted from the Application.

5.5.

If within 7 days of activating the profile, no data (connections) are assigned to the invited User or the User does not create a Private Account, the profile will be automatically deleted.

5.6.

The profile of an invited User may also be deleted at any time by another User of the Company Account who has a higher role in the Organization’s structure.

6.

LIABILITY OF THE BUSINESS ACCOUNT CUSTOMER FOR THE ACTIONS OF USERS INVITED

6.1.

The Client of a Business Account is fully responsible for all actions and omissions of invited Users whom he has allowed to use the Application within his Accounts.

6.2.

The Business Account Client is responsible for the legality of providing the Company with the personal data of the User invited to create a Profile.

6.3.

Invited Users act in the Application on behalf of and for the benefit of the Business Account Client, and their actions, including actions contrary to the Regulations, are deemed to be actions of the Business Account Client.

6.4.

The Business Account Client is obliged to ensure that all invited Users use the Application in accordance with the Regulations and/or legal provisions, applicable legal provisions and the scope of rights granted to them.

6.5.

The Business Account Client is responsible for the consequences of granting the invited User a specific role and level of access to the Application’s resources, including access to data.

6.6.

The Company shall not be liable for any damage resulting from improper actions or abuse of rights by invited Users if they acted within the functionalities available to them as assigned by the Client of the Business Account.

6.7.

If an Invited User is found to have violated the Regulations, the Company may, depending on the nature and severity of the violation, take the following measures:

a)

blocking the Invited User’s access to the Application,

b)

deleting the Invited User’s profile from the Company Account

c)

requesting the Company Account Client to remedy the violation and implement preventive measures,

d)

temporarily limiting the functionality of the Company Account,

e)

terminating the Agreement with immediate effect in the event of a gross or repeated violation.

6.8.

The application of the measures referred to above does not exclude the Company’s right to claim compensation from the Business Account Client for any damage incurred, nor does it affect other rights to which it is entitled under the law.

7.

NOTICES AND DECLARATIONS

7.1.

All notifications made on behalf of the Company should be sent via:

a)

contact form available on the Website,

b)

e-mail address: support@gotacho.com.

7.2.

The Company will send notices and statements to the User via email to the address assigned to the Account or Account Profile, or via push notifications. Email or push notifications constitute effective notification. If technical limitations of a device prevent the delivery of a push notification, the Company will deem sending an email sufficient.

7.3.

Failure to update the contact address does not release the User from the obligation to provide a notification or statement, and does not affect the effectiveness of such communications.

8.

TECHNICAL REQUIREMENTS

8.1.

The Mobile Application can be downloaded via the Android operator’s store. Google Play and App Store for iOS.

8.2.

The use of the Web Application is possible provided that the User’s IT system meets the following technical requirements:

a.

a stable internet connection with sufficient bandwidth to enable full functionality of the Web App. For better quality, a local network, 5GHz Wi-Fi, LTE, or 5G is recommended. The Web App may use a mobile data connection. Using mobile data may incur additional charges from your carrier,

b.

a compatible device that meets the minimum technical requirements specified on the Website, including installation of the appropriate versions of the operating system (Windows 7, 8.1, 10 or 11) and additional software (e.g. browser, drivers),

c.

recommended browsers are: Mozilla Firefox 115 or later, Opera 95 or later, Apple Safari 15 or later, Google Chrome 109 or later, Microsoft Edge 109 or later.

8.3.

The use of the Mobile Application is possible provided that the following technical requirements are met:

a.

a stable internet connection with sufficient bandwidth to enable full functionality of the Mobile Application. For better quality, a local network, 5GHz Wi-Fi, LTE, or 5G is recommended. The Mobile Application may use a mobile data connection. Using mobile data may incur additional charges from your carrier,

b.

a compatible mobile device that meets the minimum technical requirements specified on the Website, including installation of the appropriate operating system versions (Android version 7 (API 24) or newer or iOS 15.1 or newer),

c.

200 MB of free device memory.

8.4.

To fully use the Application, you must create an Account. To create an Account, complete and submit the online registration form, providing the appropriate details and password.

8.5.

The User is responsible for meeting the technical requirements necessary to use the Application. The Company is not liable for any disruptions in the operation of the Application resulting from the User’s failure to meet these requirements.

8.6.

The Company is not responsible for internet connection costs, mobile data charges, or any other networkrelated fees that may arise while using the Application. The Company is not responsible for problems resulting from interruptions, disruptions, or limitations in the availability of the internet network that may affect the proper operation of the Application.

8.7.

Detailed system requirements necessary to use the Application are available at website of the Service.

8.8.

The Company reserves the right to update or change system requirements at any time in order to adapt them to technological changes and improvements to the Application.

8.9.

The Company reserves the right, after prior notice to the User, to carry out technical work on the Application, which may result in its unavailability for the period necessary to introduce changes, updates, add new features, eliminate errors or failures, or carry out maintenance work. The Company will ensure the availability of the Web Application at a level of ÿ 99% per month (measured by the Company’s cloud infrastructure). The Client has the right to terminate the Agreement for a valid reason, which is deemed to be the unavailability of the Web Application for a period longer than necessary to perform maintenance. In such a case, the Client may request a refund from the Company for the period during which the Web Application was unavailable due to the Company’s fault.

9.

SERVICES

9.1.

The Application (SaaS model) may be used in one of two models of access to the Service:

a)

Top-up (Pre-paid model) – a one-time purchase of a specified number of GTC. Each new Top-up extends the validity of your entire GTC pool for up to 90 days from the date of your last purchase. The GTC from the Top-up combine with the units allocated in the Subscription to create a shared balance.

b)

Subscription (recurring model) – monthly, automatic purchase of a GTC package, renewed until the Customer cancels. The GTC granted is subject to the rules in letter a) and is cumulative with Top-ups.

9.2.

Full functionality of the App requires a minimum of 1 GTC. If the balance drops to zero or all GTC expire, a 30-day grace period begins during which the Service operates uninterrupted.

9.3.

After the grace period expires without success , the generation of new reports is blocked; the Client retains the ability to view and download previously saved data until the GTC balance is topped up again.

9.4.

The Agreement is concluded when the Customer:

1.

selects the payment model on the Website referred to in point 9.1;

2.

places the order by clicking the “I am ordering with the obligation to pay” button and accepts it Statute;

3.

(The Consumer) indicates consent to the immediate commencement of the provision of the Service.

9.5.

The account will be placed in read-only mode (Service Paused) if:

1.

effective termination of the Subscription by the Customer;

2.

four consecutive unsuccessful attempts to charge your payment card;

3.

ending the grace period without acquiring new GTCs.

9.6.

The Customer may cancel the Subscription at any time by submitting the “Cancel Subscription” instruction in the Account no later than 11:59 PM on the last day of the current billing period. Cancellation only disables automatic renewal – the Service continues until the end of the current period.

9.7.

Until the end of the current billing period, the Customer may withdraw the cancellation via the “Undo Cancellation” function; the Subscription will be reinstated without interruption in the provision of the Service.

9.8.

If the cancellation is not withdrawn, the Subscription will expire at the end of the current period and accumulated GTC remains valid in accordance with Section 12.

9.9.

Withdrawal of the resignation referred to in point 9.7 does not constitute the conclusion of a new Agreement – restores the continuity of the existing Subscription.

10.

USING THE MOBILE APPLICATION

10.1.

As part of the purchased access model, the Company grants the User a non-exclusive, non-transferable right to install and use the Mobile Application on compatible mobile devices, solely for the purpose of using the Service.

10.2.

The Mobile Application is available on Google Play (iOS/App Store). Using it requires acceptance of the regulations of the relevant store.

10.3.

The Mobile Application may use device memory and send push notifications; you can disable them in the system settings.

10.4.

GPS position, camera and microphone are not used unless the User consents in the settings.

10.5.

Uninstalling the Mobile Application does not delete the Account or data in the cloud; to delete the Account, please follow point 11.9 of the Regulations.

10.6.

The functionalities of the Mobile Application include in particular:

a)

reading data from the tachograph and sending files directly to the Company,

b)

viewing your own Infringements based on the sent files

c)

receiving notifications (push) about Events, e.g. card reading date.

This scope may vary depending on the selected access model. The Company may provide additional features of the Mobile Application at any time; adding new functionalities does not limit the Customer’s rights to use already active modules.

10.7.

Data transmission costs are borne by the User; the Company is not responsible for any fees charged by the network operator.

10.8.

The User undertakes to:

a)

install available security updates, lack of updates may limit performance,

b)

secure the device (PIN/biometrics),

c)

do not use the Mobile Application in a manner contrary to road traffic regulations.

10.9.

The Company may change the system requirements of the Mobile Application by informing the User 7 days in advance.

11.

ACCOUNT AND PROFILE

11.1.

In order to use the Application, the Customer is required to create an Account on the Website. By creating an Account on the Website, the Customer accepts the Terms and Conditions.

11.2.

Account registration is voluntary and free of charge and is carried out through:

a.

the Customer completes the registration form available on the Website by completing the information fields indicated therein,

b.

selecting the Account: corporate or private,

c.

accepting the Regulations,

d.

setting the Password for the Account,

e.

receiving a message sent by the Company with a request to activate the Account on the Customer’s e-mail address provided in the registration form,

f.

activation of the Account by the Customer clicking on the link provided in the message sent by the Company.

11.3.

A User profile is created by accepting the invitation sent via email, clicking the “Join now” link and setting a password.

11.4.

The Customer may only have one Account assigned to a given e-mail address.

11.5.

A User may have several profiles within different Organizations.

11.6.

The User is obliged to protect his/her password and not disclose it to other persons.

11.7.

The Customer is obligated to immediately notify the Company if they become aware that a third party has obtained their Account password or profile. Failure to notify the Customer will result in the Customer bearing the risk of such third party using their Account.

11.8.

The Account Management Agreement is concluded upon registration. At that point, the Company begins providing the Account Management Service.

11.9.

The Customer may delete their Account at any time. To do so, the Customer should submit a request to delete the Account using the tools provided in the Account. Deleting the Account constitutes immediate termination of the Account Agreement, subject to the rights acquired by the other party prior to termination of the aforementioned Agreement and the provisions below. Deleting the Account will result in the loss of all data and is irreversible. After deleting the Account, logging in again will not be possible.

11.10.

The Account collects data provided by the Customer and Users. If any changes occur, the Customer is obligated to update the data. The Customer is responsible for the consequences of providing false or incomplete data, or failing to update it.

11.11.

Login is possible using the e-mail address provided during Account/Profile registration.

11.12.

Changing the data provided during Account/Profile registration is possible via form located in the Profile tab.

11.13.

If the User has forgotten the password to the Account, it can be reset by using the form located on the login page and providing the e-mail address.

12.

PAYMENT AND SERVICE SETTLEMENT RULES. GTC VALIDITY

12.1.

Using the full functionality of the Application requires an active balance of at least 1 GTC.

12.2.

One GoTachoCoin (1 GTC) entitles you to generate one working time record for one driver for one month; recalculation of the same record in the same month does not result in re-collection of GTC.

12.3.

Each GTC unit is valid for 90 days from the date of last purchase or allocation.

12.4.

Each subsequent purchase or granting of GTC before the expiry date extends validity of the entire pool held for another 90 days.

12.5.

After the expiry of all GTCs, a 30-day grace period begins, during which the Customer retains the full functionality of the Application.

12.6.

If no new GTC is acquired during the grace period, the account goes into read-only mode and new reports are blocked from being generated until the next balance top-up.

12.7.

Payment methods (GTC acquisition models)

a)

Top-up (Pre-paid model) – one-time purchase of a specific number of GTCs; the amount of the Top-up is determined by the price list.

b)

Subscription (recurring model) – monthly, automatic purchase of the GTC package in accordance with the selected tariff plan (S, M, L, XL, Enterprise). Subscription and Top-up are payment methods only and do not constitute separate agreements.

12.8.

The price of 1 GTC depends on the size of a single Top-up or the selected Subscription plan – the larger the GTC pool, the lower the unit price; a detailed price list is published on the Website.

12.9.

With each order, the Application displays a message about the expiration date of the newly acquired GTC, extension rules and consequences of unused balance.

12.10.

Unused GTCs expire without the right to refund after the expiry of the validity period, subject to points 17.8 and 12.7 of the Regulations.

12.11.

Purchased GTCs do not constitute a means of payment or a financial instrument.

12.12.

Top-ups and Subscriptions are paid for via an electronic payment system (payment card or BLIK); Subscriptions are accepted only by card.

12.13.

The subscription automatically renews every 30 days unless the Customer cancels or modifies it no later than 11:59 PM on the day preceding the end of the billing period.

12.14.

If the GTC pool in the Subscription is exhausted, the Customer may purchase a Top-up at any time – the GTCs thus awarded are cumulative with the subscription units and are subject to identical validity rules.

12.15.

GTC can be used to prepare records of any driver for any month (not earlier than January 2024) within the technical limits of the Application.

12.16.

If the Customer does not top up their account with new GTC within 30 days of depleting their balance, the Company may suspend the Account, limiting access to the App’s features. Information about the planned suspension will be sent at least 7 days in advance via email and/or push notification.

12.17.

In the event of permanent cessation of the Service for reasons attributable to the Company (e.g. a failure preventing repair, closure of the Service), the Customer is entitled to a proportional refund of the value of unused GTC; the refund will be made within 14 days of termination of the Agreement.

12.18.

Customer data is retained for 12 months from the date of the last GTC purchase or active use of the Service. During this time, the Customer may reactivate the Account by purchasing new GTC; after this period, the data and Account are deleted or anonymized in accordance with the Privacy Policy.

12.19.

The Customer shall use GTC only in accordance with its intended purpose and the Regulations; it is prohibited to resell or transfer GTC to third parties unless the Company gives its written consent.

12.20.

Purchasing GTC constitutes the acquisition of the right to use the Services within a specified scope. GTC are not a means of payment or a financial instrument.

13.

PAYMENT OF THE PRICE

13.1.

Prices are given in Polish zloty (PLN) and include VAT at the rate applicable in moment of purchase.

13.2.

The Customer pays for the selected Service via available electronic payment systems. After selecting the payment method, the Customer will be redirected to the operator’s website to authorize the transaction.

13.3.

The Company will begin providing the Service after receiving positive authorization and posting the funds. In justified cases, the Company may verify the Client’s data (up to 24 hours); access may be suspended until positive verification.

13.4.

After the card/payment has been successfully charged, the system automatically sends an order confirmation to the Customer’s email address along with the Terms and Conditions in PDF format. Upon sending the confirmation, the Agreement is concluded.

13.5.

The date of payment shall be the date on which the Company’s bank account is credited.

13.6.

The VAT invoice is issued automatically and made available in electronic form:

a)

within 30 minutes of the first payment for Top-up or Subscription being credited;

b)

on the day of each collection of the Subscription fee.

The invoice is sent to the email address assigned to the Account.

13.7.

The Company is not responsible for delays caused by electronic payment operators.

13.8.

The change in the price list does not affect the price of the Top-up already paid for.

13.9.

In the Subscription model, new prices apply from the next billing period; the Customer will receive an email notification at least 30 days in advance and may terminate the Subscription free of charge before the price takes effect.

13.10.

The Company reserves the right to introduce price increases in extraordinary situations (e.g. tax changes, natural disasters).

14.

RIGHTS AND OBLIGATIONS OF THE PARTIES

14.1.

The Customer is obligated to comply with good manners and principles of social coexistence, and to comply with applicable law. In particular, the Customer is obligated to comply with copyright, related rights, and intellectual property rights. The User may not use the Application in a manner inconsistent with its nature or intended use.

14.2.

The Customer is solely and fully responsible for all materials entered via the Application.

14.3.

The Company is not obliged to check the transmitted, stored or data provided by Users.

14.4.

The Company has the right to:

a)

develop, modify and update the Application, which does not affect the rights acquired by the Client,

b)

apply the following Sanctions in the event of a breach of this Agreement:

official warning;

suspension of the Services,

c)

terminate the Agreement immediately if the Client breaches provisions of the Regulations,

d)

pursue legal rights, including seeking compensation in the event of a User’s violation of the Terms and Conditions. In justified cases, the Company may also forward information about a violation of the law to the relevant authorities,

e)

sell, in particular: the Website, the entirety or a separate part of the enterprise and the company, as well as to change the company name, the name of the Application and the name of the Website, as well as to assign the rights arising from this Agreement without prejudice to the rights acquired by the Customer.

15.

SUSPENSION/TERMINATION OF THE CONTRACT

15.1.

If the Customer does not purchase any GTC within the grace period, the Account will be placed in read-only mode.

15.2.

The Agreement will expire 12 months after the end of the grace period if the Client has not acquired any GTC during that time. The Company will provide at least 30 days’ notice of the planned expiry.

15.3.

The Customer may terminate the Agreement at any time by:

a)

using the “Delete account” function in the Application or

b)

sending a declaration in documentary form (e-mail).

15.4.

The Company may terminate the Agreement for important reasons with immediate effect if:

a)

The Client grossly violates the Regulations or legal provisions;

b)

The payment delay exceeds 30 days and an additional 7-day payment request has been unsuccessful;

c)

The customer or his beneficial owner is subject to sanctions by the EU, UN, USA or UK;

d)

The company initiates liquidation proceedings or declares bankruptcy (with a 30-day notice) termination, unless otherwise provided by law);

e)

There is a force majeure event that prevents the provision of the Service for at least 60 consecutive days.

15.5.

Termination takes effect:

a)

in the case of an active Subscription – upon the expiry of the last day of the current billing period, unless the parties agree on an earlier date;

b)

in the absence of a Subscription – at the end of the calendar month in which the declaration was submitted.

15.6.

Consequences of termination of the Agreement:

a)

Access to the Application and API is disabled upon termination of the Agreement.

b)

The Customer has 30 days to export the data; then the data will be anonymized or deleted.

c)

The refund of unused GTC is only available to the Consumer in the cases specified in Section 17.

16.

COMPLAINTS, SPECIAL CONDITIONS APPLICABLE TO CONSUMERS

16.1.

If you are a Consumer in some countries, states or territories, you have specific statutory rights under consumer law in respect of which the Company’s liability cannot be excluded or limited. If you are using the Application as a Consumer within the meaning of the applicable consumer law in your country, state or territory, the provisions of this Agreement must be interpreted in accordance with applicable law and shall apply only to the extent permitted by applicable law.

16.2.

The Company declares that it is responsible for the compliance of the Services provided with the Agreement and applicable regulations in accordance with the place of residence of the Client who is Consumer.

16.3.

A Customer who is a Consumer has the right to file a complaint at any time regarding any irregularities found in the functioning of the Application or the provision of Services by the Company.

16.4.

The complaint may be submitted to the Company’s correspondence address or electronically to the e-mail address support@gotacho.com.

16.5.

In order for a complaint submitted by a Customer who is a Consumer to be considered by the Company, the Customer who is a Consumer is obliged to provide at least: name and surname, e-mail address used during registration and a concise description of the problem, as well as the expected method of resolving the complaint, signature of the Customer who is a Consumer in the case of a complaint submitted in writing.

16.6.

If the complaint does not contain any data enabling contact with the Customer being a Consumer, the complaint will not be considered.

16.7.

If the complaint contains deficiencies other than those indicated in point 16.5, or if it is necessary for the proper consideration of the complaint, the Company will immediately request the Customer who is a Consumer to supplement it, specifying a deadline of no less than 7 days and the scope of such supplementation, with the instruction that failure to supplement the complaint within the specified time will result in the complaint not being reviewed. After the deadline has expired, the complaint will not be reviewed.

16.8.

The Company shall immediately confirm receipt of the complaint.

16.9.

The Company shall respond to the complaint in writing or electronically, if the complaint was submitted in such a form or the Customer who is a Consumer has agreed to a response in this form, within 14 days of the date of its submission.

16.10.

If a complaint from a Customer who is a Consumer is not considered within 14 days of its submission, the complaint is deemed to have been accepted.

16.11.

Filing a complaint does not suspend the obligation of the Customer who is a Consumer to pay the price due to the Company for using the Services.

16.12.

The Company shall make the Service available to the Consumer immediately after the order has been correctly placed and the selected payment method has been successfully charged, provided that the Consumer has consented to the immediate commencement of the provision of digital content and has acknowledged the possible loss of the right of withdrawal once the Service has been fully performed.

16.13.

The Company is liable to the Customer who is a Consumer for failure to deliver the Service within the specified timeframe. If the Company fails to deliver the Service within this timeframe or within an additional timeframe agreed upon by the Parties, the Customer who is a Consumer has the right to terminate the Agreement.

16.14.

The Customer who is a Consumer has the right to terminate the Agreement immediately without setting an additional deadline if:

a.

The Company declares that it will not provide the Customer who is a Consumer with the Service;

b.

The Parties have agreed that the deadline specified in point 16.12 of the Regulations is of significant importance for the Customer who is a Consumer, and the Company will not provide the Service within this deadline.

16.15.

If the Service is inconsistent with the Agreement, the Customer who is a Consumer has the right to demand:

a.

immediate delivery of the Service;

b.

a reduction in the price paid in proportion to the reduction in the value of the Service delivered – in the case of a paid Service;

c.

termination of the Agreement if the Service is inconsistent with the terms of the Regulations.

16.16.

The Customer who is a Consumer exercises the right to terminate the Agreement by submitting a declaration of the decision to terminate the Agreement to the Company via the contact form or to the e-mail address support@gotacho.com.

16.17.

Upon termination of the Agreement, the Company is obligated to refund any amounts paid by the Customer who is a Consumer in connection with the Service. If the Service was in compliance with the Agreement for a period prior to termination, the Company will refund a pro rata portion of the price of the Service, taking into account the period of non-compliance and the remaining term of the Agreement.

16.18.

The Company may block further access to the Service after termination of the Agreement.

16.19.

After termination of the Agreement, the Customer who is a Consumer undertakes to refrain from using the Service and making it available to third parties.

16.20.

Refunds due from the Company to the Customer who is a Consumer shall be made without undue delay, and in any case within 14 days from the date on which the Company is informed of the Customer who is a Consumer’s decision to reduce the price or terminate the Agreement.

16.21.

The Service is compliant with the Agreement if, in particular, the following are compliant with the Agreement:

a.

description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates;

b.

suitability for the specific purpose for which they are required by the Consumer, about which the Customer who is a Consumer notified the Company no later than at the time of conclusion of the Agreement and which the Company accepted.

16.22.

Furthermore, in order to be deemed compliant with the Agreement, the Service must:

a.

be suitable for the purposes for which a Service of this type is normally used, taking into account applicable laws, technical standards or good practice;

b.

be present in such quantity and have such features, including functionality, compatibility, availability, continuity and security, as are typical for a Service of this type and which the Customer who is a Consumer may reasonably expect, taking into account the nature of the Service and the public assurances made by the Company, its legal predecessors or persons acting on its behalf, in particular in advertising or on labelling, unless the Company proves that:

it was not aware of the public assurance in question and, judging reasonably, it could not have know about him,

before concluding the Agreement, the public assurance was corrected in accordance with the conditions and form in which the public assurance was provided, or in a comparable manner,

the public assurance had no influence on the Consumer’s decision to conclude the contract Agreements;

c.

be delivered with accessories and instructions that the Customer who is a Consumer may reasonably expect to receive; readers for downloading data from tachographs are optional accessories and are not included in the scope of the Service, unless expressly stated otherwise in a separate order.

d.

be consistent with the trial version or preview that was made available to the Customer being a Consumer by the Company before concluding the Agreement.

16.23.

The Company informs the Customer who is a Consumer about updates, including those related to security measures, necessary to maintain the Service’s compliance with the Agreement and provides them to the Customer who is a Consumer for the period of:

a.

the provision of the Service specified in the Agreement on the basis of which the provision takes place in continuously, or

b.

reasonably expected by the Customer who is a Consumer, taking into account the type of Service and the purpose for which it is used, as well as the circumstances and nature of the Agreement, if the Agreement provides for the provision of the Service on a one-off basis or in parts.

16.24.

The Company shall not be liable for any lack of conformity of the Service with the Agreement if the Consumer, at the latest upon conclusion of the Agreement, has been expressly informed that a specific feature of the Service deviates from the requirements of conformity with the Agreement specified in point 16.22, and has expressly and separately accepted the lack of a specific feature of the Service.

16.25.

Where the Agreement provides for the provision of the Service on a continuous basis, the Service must remain in compliance with the Agreement for the duration of its delivery specified in the Agreement.

16.26.

The Services are provided in the latest version available at the time of conclusion of the Agreement, unless The parties decided otherwise.

16.27.

The Company is liable for any lack of conformity with the Agreement of Services delivered on a one-off basis or in parts, which existed at the time of their delivery and became apparent within two years of that time. It is presumed that any lack of conformity of the Services with the Agreement, which became apparent within one year of the delivery of the Services, existed at the time of their delivery.

16.28.

The Company may not invoke the expiry of the deadline for determining the non-compliance of the Service with the Agreement specified in point 16.27 if it fraudulently concealed such non-compliance.

16.29.

The Company is liable for any lack of conformity with the Agreement for Services provided on a continuous basis that occurs or becomes apparent at the time when they were to be provided under the Agreement. A lack of conformity with the Agreement is presumed to have occurred at that time if it becomes apparent at that time.

16.30.

The presumptions set out in paragraphs 16.27 and 16.29 shall not apply if:

a.

the digital environment of the Customer who is a Consumer is not compatible with the technical requirements of which the Company informed him in a clear and understandable manner before concluding the Agreement;

b.

the Customer who is a Consumer, informed in a clear and understandable manner before concluding the Agreement of the obligation to cooperate with the Company, to a reasonable extent and using the least burdensome technical means for him, in order to determine in a timely manner whether the lack of compliance of the Service with the Agreement results from the characteristics of the Consumer’s digital environment, does not fulfill this obligation.

16.31.

If the Services are inconsistent with the Agreement, the Customer who is a Consumer may request that they be brought into compliance with the Agreement

16.32.

The Company may refuse to bring the Service into compliance with the Agreement if bringing the Service into compliance with the Agreement is impossible or would require excessive costs for the Company.

16.33.

The Company will bring the Service into conformity with the Agreement within a reasonable time from the moment the Company is informed by the Customer who is a Consumer of the lack of conformity, and without undue inconvenience to the Customer who is a Consumer, taking into account the nature and purpose of the Service. The costs of bringing the Service into conformity with the Agreement will be borne by the Company.

16.34.

If the Services are inconsistent with the Agreement, the Customer who is a Consumer may submit a declaration of price reduction or withdrawal from the Agreement when:

a.

it is impossible or requires the Service to be brought into compliance with the Agreement excessive costs;

b.

the Company has not brought the Service into compliance with the Agreement in accordance with point 16.33;

c.

the lack of compliance of the Service with the Agreement persists despite the Company’s attempts bring the Service into compliance with the Agreement;

d.

the lack of conformity of the Service with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without prior use of the protection measure specified in point 16.31;

e.

it is clear from the Company’s statement or circumstances that the Service will not be brought into compliance with the Agreement within a reasonable time or without undue inconvenience to the Consumer.

16.35.

The reduced price must be in proportion to the price resulting from the Agreement in which the value of the Services that are not in conformity with the Agreement is in proportion to the value of the Services that are in conformity with the Agreement. If the Agreement provides that the Services are to be delivered in parts or continuously, the period during which the Services were inconsistent with the Agreement shall be taken into account when reducing the price.

16.36.

A Customer who is a Consumer may not withdraw from the Agreement if the Services are provided in exchange for payment of a price and the lack of conformity of the Service with the Agreement is immaterial. It is presumed that the lack of conformity of the Service with the Agreement is material.

16.37.

The Company’s liability under the warranty towards Customers who are not Consumers is excluded.

17.

RIGHT TO WITHDRAW FROM THE CONTRACT

17.1.

A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days via […]. To meet this deadline, it is sufficient to send the declaration before its expiry.

17.2.

The Customer who is a Consumer may formulate the declaration himself or use the template for the declaration of withdrawal from the Agreement, which constitutes Annex 1 to the Regulations.

17.3.

The 14-day period is counted from the date on which the Agreement was concluded.

17.4.

Upon receipt of the declaration of withdrawal from the Agreement by the Customer who is a Consumer, the Company will send confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address of the Customer who is a Consumer.

17.5.

If, at the express request of the Customer who is a Consumer, the performance of the Service is to begin before the expiry of the withdrawal period, the Company requires the User to submit an express declaration containing such a request.

17.6.

The right to withdraw from the Agreement by the Customer who is a Consumer is excluded, among others, in the case of the provision of Services, if the Company has fully performed the Service with the express consent of the Customer who is a Consumer, who was informed before the commencement of the provision that after the Company has fulfilled the provision, he or she will lose the right to withdraw from the Agreement.

17.7.

The Company will immediately, but no later than within 14 days from the date of receipt of the Customer who is a Consumer’s declaration of withdrawal from the Agreement, refund all payments made by the Customer who is a Consumer. The Company will refund the payments using the same payment method that the Customer who is a Consumer used, unless the Customer who is a Consumer agrees to a different refund method, provided that this method will not entail any costs for the Customer who is a Consumer.

17.8.

After the Customer who is a Consumer withdraws from the Agreement, the Company will refund, immediately, no later than 14 days from receipt of the declaration, the cost of the unused part of the GTC package, proportional to the number of unused units, at the unit price of the package, reduced by the value of the units actually used until the time of withdrawal, reduced by the number of units actually used until the time of withdrawal. The refund will be made using the same payment instrument.

17.9.

When entering into a contract for the supply of digital content or a digital service that is not provided on a tangible medium, the Consumer may consent to commence performance of the contract before the expiry of the withdrawal period. The Consumer acknowledges that upon full performance of the contract by the Company, they lose the right to withdraw from the contract in accordance with Article 38, Section 13 of the Act of 30 May 2014 on Consumer Rights.

18.

OUT-OF-COURT DISPUTE SETTLEMENT METHODS

18.1.

A Customer who is a Consumer has, among others, the following options for using out-of-court complaint and claim settlement methods:

a)

is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded Agreement;

b)

is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Company;

c)

may obtain free assistance in resolving a dispute between the Consumer and the Company, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the tollfree consumer hotline number 800 007 707 and by Stowarzyszenie Konsumentów Polskich under address email porad@dlakonsumentow.pl;

18.2.

Information on how to access the above-mentioned dispute resolution procedure and procedures can be found at the following address: www.uokik.gov.pl in the “Resolution of consumer disputes” tab.

19.

BUG REPORTING AND TECHNICAL SUPPORT

19.1.

The User has the right to report any errors, technical faults and other problems related to the use of the Application.

19.2.

Applications should be submitted via the contact form or to the following address email: support@gotacho.com.

19.3.

Reports should include a detailed description of the error, including the steps leading to the error, screenshots (if possible), and other relevant information that may assist in identifying and resolving the issue.

19.4.

The Company will make every effort to respond to User reports within a reasonable time and take steps to resolve reported issues, but does not guarantee immediate repair or a specific response time.

19.5.

The User may submit a request to delete files or data that violate the law or personal rights to the following address: support@gotacho.com. The Company will review the request within 7 days.

20.

COPYRIGHT

20.1.

The Application is the exclusive property of the Company. The rights to individual elements of the Application’s content, including text, graphics, photos, and other legally protected elements, belong to the Company. The Application as a whole and its individual elements are protected by law, in particular intellectual property rights.

20.2.

All intellectual property rights in the Application, including copyrights, patents, trade secrets, trademarks, trade names, logos, and other designations of the Application, are protected by law and are the property of the Company. The Customer may not use them without the Company’s prior written consent, except for use consistent with the normal use of the Application. The Customer does not acquire any rights to the Application, other than the limited license rights set forth in these Terms of Use.

20.3.

In the event of copyright infringement by the Customer, the Company has the right to seek all available legal remedies, including compensation for losses incurred and immediate cessation of use of the Application.

20.4.

The User may not distribute, sell, rent, lease or sublicense the Application to third parties.

21.

CONFIDENTIAL INFORMATION

21.1.

The Client undertakes to use Confidential Information solely for the purpose of fulfilling The Client undertakes to use Confidential Information solely for the purpose of fulfilling

21.2.

The Client will take all reasonable measures to protect the Confidential Information from unauthorized access, disclosure, use or loss.

21.3.

The Client may disclose Confidential Information to third parties only if it is necessary to fulfill its obligations under the Agreement or if disclosure is required by law. In the event of disclosure of Confidential Information to third parties, User shall ensure that such third parties are bound by confidentiality obligations at least equivalent to the provisions of this section.

21.4.

The confidentiality obligation regarding Confidential Information will continue for the duration of the Agreement. Upon termination or expiration of the Agreement, the Client will, upon request by the Company, promptly return all Confidential Information or destroy it in accordance with the Company’s instructions.

22.

PROHIBITED USE OF THE APPLICATION

22.1.

The Customer shall not market, sell, lend, rent or lease the Application; provide access to the Services to any third party; assign, sublicense or otherwise transfer any rights in the Application.

22.2.

The Customer undertakes to use the Application in accordance with applicable law.

22.3.

The Company shall not be liable for any damages, losses or consequences resulting from the use of the Application that is inconsistent with the Agreement.

22.4.

The Customer is fully liable for any damage, loss or consequences resulting from improper use of the Application, including any damage caused to third parties as a result of use of the Application contrary to the Agreement.

22.5.

The Application may be used worldwide, except for the Territory of Russia or Belarus.

23.

USER OBLIGATIONS

23.1.

The User (both the Account Owner and the Invited User, as well as a person using the Mobile Application exclusively under a separate agreement) uses the Application based on the authorizations granted to them by the Client or directly by the Company. By using the Application, the User undertakes to:

a)

comply with these Regulations and the scope of rights granted to him in the Account,

b)

act in accordance with the law, in particular the provisions on personal data protection, intellectual property and export control,

c)

respect the principles of ethics and good manners.

23.2.

The User to whom login details (login and password) have been assigned is obligated to protect them from access by third parties. In the event of disclosure of data or unauthorized use of the Application, the User should immediately notify the Account Holder or—if using the Mobile Application on their own behalf—the Company directly. The user is responsible for actions performed using his/her access data until such notification.

23.3.

Upon a reasonable request of the Company or the Account Holder, the User will provide information necessary to verify compliance of the Application’s use with the Terms and Conditions (e.g., event logs, file source). In the case of an invited User, this obligation is fulfilled through the Account Holder.

23.4.

The Account Owner or another User with the “Invite User” permission inviting subsequent Users declares that they provide the Company with their personal data in a manner consistent with the law and informed these persons about the content of the Regulations and the scope of data processing in the Application.

23.5.

The Account Owner or another User with the “Invite User” permission may only add an email address to the Company Account that is under the control of a given Company (e.g. in the @firma.pl domain).

23.6.

If the Account Holder or an authorized User decides to invite a User using a private address or an address assigned to another Company, they do so at their own risk and are fully responsible for any unauthorized access or security breach resulting from loss of control over that address (including lost password, mailbox hijacking).

23.7.

The Company shall not be liable for any damages incurred by any of the Companies if the breach security occurred as a result of:

a)

inviting the User with an e-mail address not controlled by the inviting Company, or

b)

loss of access to this address by the User.

23.8.

The User may not undertake any activities that exceed the role assigned to him in the Account or attempt to access data to which he is not authorized. Violation of this obligation may result in immediate blocking of the profile by the Company or the Account Owner, and in serious cases – deletion of the profile and liability for damages.

24.

COMPANY’S LIABILITY

24.1.

The Company is liable for non-performance or improper performance of the Services under the terms set out in the Civil Code and – in the case of Customers who are Consumers – in the Consumer Rights Act.

24.2.

No provision of the Regulations limits the Company’s liability towards Consumer:

a)

for damage caused intentionally or through gross negligence,

b)

for noncompliance of digital content with the Agreement,

c)

for personal injury (damage to life, health),

d)

to the extent that the exclusion or limitation would be contrary to the provisions absolutely binding.

24.3.

Any compensation due to the Consumer covers the damage actually suffered; this does not exclude other statutory rights (price reduction, withdrawal, etc.).

24.4.

In relations with a Customer who is not a Consumer:

a)

The Company is liable only for actual damage (damnum emergens) resulting from intentional fault or gross negligence;

b)

the Company’s liability does not include lost profits, administrative penalties or contractual penalties;

c)

amount of compensation will not exceed the total net fees paid by the Client to the Company in the period of 3 months preceding the event giving rise to the damage.

24.5.

The Company is not liable for damages caused by:

a)

incorrect data entry into the Application or connection of faulty data sources,

b)

using the Application in a manner inconsistent with its intended purpose or with the Regulations,

c)

failure to meet the technical requirements on the User’s part (hardware, connection),

d)

disclosure of access data by the Client to third parties,

e)

force majeure, failure of the ICT infrastructure or actions of third parties, over which the Company has no influence.

24.6.

The Company shall not be liable for failure to perform or delay in performing the Services caused by force majeure (including war, natural disaster, epidemic, long-term network failure)

24.7.

Reports, records and other results generated by the Application are of an ancillary nature and are based on data provided by the Customer or external systems.

24.8.

The Client is obligated to verify the accuracy of the input data and generated results before using them.

24.9.

The Company shall not be liable for any damage resulting from relying solely on the above-mentioned results without conducting such verification, unless the damage was caused by the Company’s intentional fault.

24.10.

The provisions of point 24.1 do not limit the Consumer’s rights to pursue claims for non-compliance of digital content with the Agreement.

25.

OGRANICZENIA GWARANCJI SPÓŁKI

25.1.

The Company does not provide a commercial guarantee within the meaning of Article 577 ¹ k.c., unless it does so expressly in writing and marks the declaration as a “warranty”. The Service is used on an “as is” basis.

25.2.

The provisions of this paragraph do not limit the Company’s liability towards the Customer who is a Consumer for the lack of compliance of digital content with the Agreement, arising from the Consumer Rights Act.

25.3.

Subject to point 25.2, the Company makes no representations or warranties that:

a)

The Application will function uninterrupted or error-free in any hardware and system configuration;

b)

The Services will meet the Customer’s specific expectations regarding results, unless expressly agreed in writing.

25.4.

The Company is not liable for any defects or interruptions in the operation of the Application caused by:

a)

improper use of the Application or use that is inconsistent with the Regulations,

b)

independent modifications, integrations or interference with the Application made by the User or third parties,

c)

the operation of malicious software or other external factors beyond the control of the Company,

d)

failure of the User’s hardware or software or lack of Internet access.

25.5.

In relations with Customers who are not Consumers, all implied warranties or guarantees, including fitness for a particular purpose, non-infringement of third party rights and merchantable quality, are excluded – to the extent permitted by law.

25.6.

If mandatory provisions grant the User further rights (e.g. warranty for defects in digital content towards the Consumer), these provisions do not exclude or limit these rights.

25.7.

The Application has been designed and verified solely in terms of regulations and algorithms effective from 1 January 2024.

25.8.

The Company does not guarantee the correctness or completeness of calculations obtained when entering data relating to periods earlier than January 2024, even if the system technically accepts the import of such data.

25.9.

The Client acknowledges that the use of the Application to prepare records for periods prior to January 2024 is at his/her sole risk and does not constitute a basis for any claims for damages or complaints against the Company.

26.

CHANGES TO THE REGULATIONS

26.1.

The Company may amend these Regulations only for an “important reason”, which is:

a)

introducing a new function, service or technology,

b)

improving the security or performance of the Application,

c)

adapting to changes in legal regulations or court/authority decisions supervisory,

d)

changing the Company’s identification data (e.g. company name, address),

e)

correcting obvious clerical errors or clarifying provisions, if this does not adversely affect the Customer’s rights,

f)

making a change that is beneficial or neutral for the Customer (e.g. lowering prices, simplifying procedures).

26.2.

Amendments to the Regulations may not violate the acquired rights of Customers.

26.3.

The Customer will be notified of the proposed changes via email sent to the address assigned to the Account at least 30 days before the planned effective date of the changes. The email will include:

a)

a summary of changes,

b)

an indication of the date of entry into force,

c)

instructions on the right to object or terminate.

26.4.

The Customer who is a Consumer may, within 30 days of receiving the information:

a)

accept the changes (e.g. by continuing to use the Service after the date the changes come into effect), or

b)

submit an objection – which is equivalent to terminating the Agreement with immediate effect and free of charge; unused GTC will be refunded proportionally to the price within 14 days.

26.5.

A Customer who is a business client (B2B) may terminate the Agreement within the same period with a 1-month notice period.

26.6.

If the Customer does not raise an objection by the day before the changes come into effect, they shall be deemed that the changes were accepted by him.

26.7.

Changes that are obviously beneficial (e.g. lower prices, introduction of additional free functions) or purely editorial changes come into effect on the date of publication on the Website and do not require compliance with the deadline referred to in point 26.3.

26.8.

In the case of Top-up, changes to the Regulations may not worsen the conditions of providing the Service during the current validity period of the GTC; they apply only upon the possible purchase of another Topup.

27.

FINAL PROVISIONS OF THE AGREEMENT

27.1.

In relations with a Customer who is not a Consumer, these Terms and Conditions, together with their annexes, constitute the entire arrangements between the Parties regarding the Service, unless the Parties expressly agree otherwise in writing.

27.2.

In the case of a Customer who is a Consumer, the Regulations do not exclude or limit the statutory rights granted to him by mandatory provisions of law.

27.3.

If one of the provisions of the Regulations proves to be invalid or unenforceable, this does not affect the validity of the remaining provisions. The Company, respecting the rights of the Consumer, will propose to the Client a new provision that will most faithfully reflect the economic purpose of the invalid clause and will be lawful – and in the event of non-acceptance, the Client will be able to terminate the Agreement free of charge.

27.4.

Any doubts as to interpretation shall be resolved in accordance with the principles of contract interpretation, taking into account the purpose and economic meaning of the Regulations, and taking into account the provisions protecting the Consumer.

27.5.

In the event of any discrepancies between the language versions, the Polish version shall prevail. The consumer may request a free explanation of the meaning of the translated provisions.

27.6.

The Regulations are subject to Polish law, excluding conflict of law provisions.

27.7.

The choice of Polish law does not deprive the Consumer of the protection afforded to them by the mandatory provisions of the country of their permanent residence. The Consumer may pursue their rights before the authorities or courts of that country.

27.8.

The Service is not provided to Customers from Russia or Belarus, or to entities subject to EU, US, or UN sanctions. Any attempt to circumvent this restriction will entitle the Company to immediate termination of the Agreement.

27.9.

By accepting the Regulations, the Customer declares that:

a)

is not on the sanctions lists,

b)

is not owned or controlled by an entity subject to sanctions,

c)

does not operate in a territory subject to full sanctions.

27.10.

If the law of the Consumer’s place of residence grants him or her more favorable, mandatory rights, the provisions of the Regulations shall apply to the extent that they do not deprive the Consumer of these additional rights.

28.

PERSONAL DATA

28.1.

The Company’s processing of personal data of Customers and Users using the Application is regulated in the following documents:

a)

INFORMATION ON PRIVACY PROTECTION FOR PRIVATE APPLICATION CUSTOMER GoTacho

b)

PRIVACY NOTICE FOR CUSTOMERS AND USERS USING THE GoTacho APPLICATION COMPANY ACCOUNT

28.2.

The processing of personal data of Users invited to use the Company Account and any personal data added to the Application, to the extent that such processing is performed on behalf of the Client, is regulated in the Data Processing Agreement, which constitutes Annex No. 2 to the Regulations. The provisions of the Processing Agreement constitute an integral part of the Regulations.