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DEFINITIONS

Agreement – an agreement regulating the provision of the Service by the OPERATOR to the benefit of the Client;

Client – a natural person, a legal person with full legal capability (in particular to assume obligations and acquire rights) or an organisational entity without a legal personality which has entered into the Agreement with the OPERATOR;

OPERATOR – IKOL System sp. z o.o. seated in Warsaw, 5 Globusowa St., 02-436 Warsaw, POLAND. KRS 0000806676, 13th Commercial Division of the District Court for the capital city of Warsaw in Warsaw; Tax ID No. NIP 5222623690; Business ID No. REGON 017372518;

Service – a payable service provided by the OPERATOR to the Client, consisting in providing the Client with information concerning geographical locations of the Locator, its speed, and information from IKOL Auxiliary Devices; the Service is performed in the form of Basic Service, which is activated after Service Activation or Additional Service Activation, which are additionally selected by the Client on IKOL Platform;

Locator – an electronic device used for the provision of the Service;

Locator Data – information gathered, processed or calculated by Locator, in particular such as: geographical location of the Locator, its speed, time of calculation of the geographical location ;

Rules – these rules;

IKOL Platform – one or more electronic media allowing the provision of information to the Client as part of the Service (e.g. websites belonging to the OPERATOR within the domain IKOL.pl, IKOL.eu, e-mail, SMS text messages, etc.);

GSM Operator – an operator within the meaning of the Telecommunications Law of 16th July 2004 (dz. U. [JoL] No. 171, item 1800, as amended) with the use of which the OPERATOR provides the Service;

Technical Specification – a list of technical conditions (e.g. frequency of gathering Locator Data) being an integral part of the Agreement;

Service Activation – an action consisting in activating the Basic Service under the Agreement;

User manual – a manual describing Service Activation and access to IKOL Platform;

Price List – a price list specifying fees connected with the provision of the Service;

Bill – a VAT invoice, a pro-forma VAT invoice, and other accounting documents issued by the OPERATOR in accordance with the provisions of law, including interest notes and accounting notes;

User Account – a set of resources and authorisations within IKOL system assigned to a given Client. Each account has a login and a password, which is created in the course of user registration.

§1 GENERAL PROVISIONS

1. The OPERATOR provides the Service in the scope and on conditions as specified in the Agreement, in the Rules, and in Technical Specification.

2. The Rules define the rules of using the Service, rights and obligations of the Client, as well as rights, obligations and scope of responsibility of the OPERATOR on account of the provision of the Service to the Client.

3. The Service may be provided by the OPERATOR on conditions other than the ones provided for in the Rules only under a written Agreement confirming that both Parties accept such conditions.

§2 SCOPE OF SERVICES

1. The Basic Service allows the Client to download Locator Data in accordance with Technical Specification as well as to present the said data with the use of IKOL Platform.

2. The Client selects a login and a password for further use of IKOL services. The Client shall maintain such selected login and password secret from unauthorised persons.

3. The OPERATOR may provide Additional Services, the selection of which is made available to the Client through IKOL Platform. The conditions of the provision of Additional Service may be contained in separate rules of Additional Service or technical specification of additional service, and, in the scope as contained therein, shall overwrite the conditions of the Rules and Technical Specification. In case conditions of provision of Additional Service are not contained in appropriate rules of provision of Additional Service or technical specification of additional service, the provisions of the Rules and Technical Specification shall apply.

4. The availability of Additional Services may depend on the type of Locator held by the Client and on previously selected additional Services.

5. Access to archival Locator Data may be limited, and in such a case the guaranteed time of access to Locator Data shall be specified in Technical Specification of Service or technical specification of Additional Service. After the expiry of guaranteed time of access to Locator Data, the OPERATOR reserves the right to delete such data.

6. The frequency of registration and accuracy of Locator Data may decrease due to a lack of possibility to receive signals from the GPS system or due to the specificity of the functioning of the GPS system, as well as due to other technical circumstances, outside the control of the OPERATOR, connected with the provision of the Service. In particular, Locator may fail to receive GPS signals in adverse weather conditions and when the Locator is outside the area of GPS signal reception, e.g. in tunnels, underground parking lots, in locations shielded by tall buildings, in thick forests, etc.

7. Locator sends Locator Data to IKOL servers with the use of the services of GSM Operator and the OPERATOR, and bears no liability for the failure to provide services by the GSM Operator as well as for the failure to provide the Service owing to limited provision of services by the GSM Operator.

8. Locator stores Locator Data in its internal memory. In case the Locator is left in an area of weak reception of the network of the GSM Operator, Locator will not be able to send Locator Data to IKOL servers. Locator will send Locator Data to IKOL servers after the Locator has returned to an area with a sufficiently strong reception signal of the GSM Operator. Leaving the Locator in an area with adverse weather conditions (e.g. heavy storms) may render sending Locator Data to IKOL servers impossible in the same way as leaving the Locator in an area with weak reception signal of the GSM Operator. Moving the Locator outside an area of adverse weather conditions will cause the same effects as returning the Locator into an area of a sufficiently strong reception signal of the GSM Operator.

9. As part of the Service, the Client shall be entitled to download (export) Locator Data available on the Platform and to save them on any carrier of the Client. The Client shall have the right to use downloaded data for its own purposes, with a reservation that the Client shall not be entitled to reuse such data.

10. The SIM card in Locator is necessary for the proper provision of the Service, shall remain the property of the OPERATOR, and shall be used solely for the provision of the Service, shall not be used by the Client for any other purpose, in particular shall not be removed by the Client from Locator during the term of the Agreement.

11. Once the Agreement expires or is terminated, the OPERATOR reserves the right to deactivate the SIM card.

12. The OPERATOR may condition the correctness of the provision of the Service on the Client's access to various electronic services (e.g. the Internet, e-mail, active SMS text message service, etc.).

13. The Service can be used through IKOL Platform available to all Clients on the website system.ikol.pl.

14. The OPERATOR shall be entitled to all rights to IKOL Platform, including in particular copyrights.

15. The Service is activated by the OPERATOR within 10 days of the day of conclusion of the Agreement (subject to the provisions of §11 par. 12).

16. The OPERATOR shall exercise due diligence to ensure that the Service functions without interruptions, subject to reservations specified in this paragraph. The OPERATOR reserves the option to conduct maintenance of the infrastructure necessary to provide the Service, in particular of devices or software of IKOL Platform. Maintenance works may temporarily limit the scope of the provision of the Service.

17. The OPERATOR will expand the scope of provided services as new technological opportunities emerge.

§3 SCOPE OF LIABILITY

1. As a professional entity providing services of a general nature, the OPERATOR shall be liable for a failure to perform or for improper performance of the Service on general rules, unless the failure to perform or improper performance of the Service has been caused by force majeure, Client's fault, Client's breach of the provisions of the Agreement or of the Rules, or by other circumstances outside the liability of the OPERATOR

2. The OPERATOR shall be liable for the management of the Service, and may use services (applications, among others) provided by third parties for the purposes of provision of the Service. In such a case, the User shall accept the conditions of use of applications delivered by such third parties.

3. The OPERATOR shall in particular bear no liability for:

a. potential damage to persons or property caused by the use of Locator;

b. improper functioning of Locator resulting from the fault by the Client — this shall mainly include improper installation, technical repairs, replacement of Locator or IKOL Auxiliary Devices made by the Client;

c. interruption, suspension or limitation of the distribution of cellular telephone signals or GPS signals resulting from a lack or from faulty functioning of technical means of signal emission or a lack of possibility to distribute these signals due to random causes or caused by third parties or as a result of implemented legal or administrative instructions;

d. a lack or delay of intervention by police forces, medical or mechanical staff explicitly summoned by the Client;

e. theft or damage to Locator or the Locator;

f. a lack of signals from GPS system (Global Positioning System) as well as an inability to send Locator Data through Locator to IKOL servers caused by telecommunications operators, including the GSM Operator, as well as other reasons outside the control of the OPERATOR (e.g. natural disasters, intentional and unintentional distortion of signal reception, etc.);

g. technical defects of data transfer (including access to the Internet) and defects of hardware or telecommunications equipment on the part of the Client;

h. damage caused by temporary lack of access to IKOL Platform;

i. damage caused by the Client's disclosure of IKOL Platform identifiers, logins, passwords or access codes to third parties. In case the Client suspects that the safety of access to IKOL Platform might have been compromised, the Client shall immediately notify the OPERATOR.

3. The liability of the OPERATOR towards the Client on any account connected with the Service is limited to the actual damage, i.e. the OPERATOR shall bear no liability for lost profit of the Client.

§4 CONCLUSION OF AGREEMENT

1. The Agreement is concluded:

a. in an electronic form, which is considered concluded after completion of the procedure of ordering IKOL Service, which is divided into following stages: user registration, logging in, Client registration, selection of the type of Agreement (package plan), providing data for invoice dispatch, confirmation of the order with Client's explicit acceptance of applicable version of terms and conditions of the Agreement and of the Rules; providing the Client, by the OPERATOR, by e-mail to the address as specified by the Client upon registration, a confirmation of adding Locator and conclusion of an electronic agreement.

b. in writing on behalf of:

the OPERATOR – through a person authorised by the OPERATOR, holding a document authorising to act on behalf of the OPERATOR;

the Client – in person or through representatives or attorneys acting for the Client under a presented power of attorney.

2. The OPERATOR reserves the right to refuse to conclude the Agreement with persons:

a. who refuse to present or make it impossible to copy documents listed in this clause, or when presented documents raise doubts whether they are authentic or complete;

b. who have been provided with services by the OPERATOR, and such persons have breached provisions of respective rules or agreements;

c. who have entered or broken into, or attempted to do so, to IT resources held by the OPERATOR or other persons or institutions without their consent;

d. who have undertaken actions which could harm the infrastructure used by the OPERATOR to provide any services;

e. who have undertaken actions which could obstruct or render impossible to other Clients the use of any services provided by the OPERATOR;

f. who have breached the privacy of other Clients using any services provided by the OPERATOR.

3. The Agreement in paper form shall be concluded with a Client:

a. in case of a natural person: after documenting the identity and up-to-date permanent address of residence against a valid ID document or other identity document, and, conditionally, a valid vehicle registration document.

b. in case of entrepreneurs within the meaning of the Act on Business Activities Freedom of 2nd July 2004 (uniform text: Dz.U. [JoL] of 2013.672 as amended): after documenting the legal status and current address of residence against documents identifying the legal status of the Client, and in particular an up-to-date excerpt from a competent register, company deed, statute, certificate from the register of businesses, official documents confirming the facts provided for the conclusion of the Agreement and a valid Locator registration document.

4. In case of a change of data contained in the Agreement, and in particular the address of residence or seat, change of e-mail address, change of correspondence address (such address being in the territory of the Republic of Poland), change of telephone number (must be operated by a telecommunications operator with a seat in the territory of the Republic of Poland), and in case of a change of the name (company) or surname and vehicle registration number, the Client shall inform the OPERATOR in writing within 7 days of the day on which such change is effected, attaching copies of documents confirming such changes. Client's failure to perform the above obligation may result in suspending the provision of a service until the Client fulfils its obligation. Any correspondence addressed to the Client to the existing address, until a delivery of a written notification by the Client of a change of address details, shall be deemed properly delivered to the full consequences for the Client. The OPERATOR shall bear no liability for damage caused by a lack of notification by the Client about changes mentioned above.

5. The OPERATOR reserves the right to request the Client to provide complementary documents other than described above, making the conclusion of the Agreement contingent upon the same. This shall apply in particular in cases when documents in question are destroyed or raise doubts in terms of their authenticity or completeness.

6. The OPERATOR shall be released from the obligation to verify the identity of persons with whom it concludes the Agreement.

7. The Client shall have no right to transfer the rights arising from the Agreement to third parties, either free of charge or for consideration, for a definite or indefinite time, without a prior written consent of the OPERATOR.

8. The Client agrees for the OPERATOR to transfer rights arising from the Agreement to third parties in full or in part in the form of an assignment.

§5 DATA CONFIDENTIALITY

1. The OPERATOR ensures to the Client the confidentiality of information handed over as part of provided services, both personal data and Locator Data, as well as information provided for the purpose of services provided to the Client, save for exceptions provided for in absolutely applicable provisions of law.

2. Personal Data of the Client shall be stored and processed by the OPERATOR in accordance with the Act on Personal Data Protection of 29th August 1997 (Dz. U. [JoL] No. 133, item 883, as amended).

3. By concluding the Agreement, the Client gives consent:

a. for personal data and Locator Data to be processed, and to be placed in the database of the OPERATOR for the purposes of providing the Service and for information purposes of the OPERATOR;

b. for the OPERATOR to provide the data indicated in point a) to the Police and to other bodies and authorities for the purpose of using them in case of a crime or suspected crime in the term of the Agreement connected with the Locator and/or the Service, also after the expiry of the Agreement;

c. for the OPERATOR to gather Locator Data in databases, use and process them for the purposes of the provision of the Service and Customer service activities;

d. for the OPERATOR to use and reuse, in an anonymous manner, Locator Data for statistical purposes and for developing and upgrading the Service, IKOL Platform, and other services provided by the OPERATOR, as well as services which will be provided by the OPERATOR in the future.

4. The Client shall have the right to access its personal data and vehicle data, and to demand to change them in order to update them, and to discontinue the processing of such data.

§6 OBLIGATIONS OF THE CLIENT

1. The Client shall be obligated to use the Service in accordance with its purpose, concluded agreement, the Rules, and absolutely applicable provisions of law, for lawful purposes not infringing the rights of third parties, and the Client releases the OPERATOR from any liability for damage caused by unauthorised use of the Service by the Client.

2. The OPERATOR shall be released from the obligation to verify the identity of persons accessing the services, and general information about them provided in the course of registration.

3. In the course of registration process, the Client shall be obligated to provide true personal, register, address and contact data necessary for proper provision of the Service.

4. The Client assumes all risks resulting from improper use of the name of the Client and password by persons to who the Client has directly or indirectly made its data available.

5. The Client accepts the fact that in order to use the Service, it is necessary for the Client to have devices with Internet access and software compatible with standards of the OPERATOR (in accordance with the requirements contained in Technical Specification). Any fees connected with obtaining access to the Internet by the Client shall be borne by the Client.

6. The OPERATOR shall not be liable for any malfunction of the Service or inconvenience to the Client resulting from facts or reasons connected with the functioning of Client's devices.

7. The Client shall be fully liable towards the OPERATOR for any liabilities, damage, loss, costs or expenses which the OPERATOR has incurred as a result of Client's provision of untrue, inaccurate and/or incomplete data.

8. Upon the conclusion of the agreement, the Client shall not acquire any further rights towards the OPERATOR apart from the right to use the Service. In particular, the Client shall not acquire any intellectual or industrial property rights, elements comprising the Service, such as, among other things, databases, information, brands, patents, trademarks (logos) and other visual and structural elements made available to the Client in connection with the performance of the Service, as they are and shall remain the property of the OPERATOR.

9. The User undertakes to use Locator solely for purposes connected with the performance of the Service provided by the OPERATOR, not to manipulate or attempt to repair it on its own, even in case of its malfunction.

§7 INTERNET NETWORK SAFETY

1. Due to commonly known characteristic features and limitations of digital networks (e.g. the Internet), the Client shall in particular accept that the data transfer via the Internet is subject to objective limitations of technical and reliability-related nature, resulting from, among other things, increased load on the network in various times of day.

2. Safety measures of the Internet data transfer network used by the OPERATOR are compatible with the standards of currently available technical knowledge and are intended to provide the Client with a possibly fullest level of safety. In particular, data sent through the Internet cannot, in any event, be considered completely resistant to potential breaches.

§8 INSPECTION

1. In case of technical problems or upon a request of the Client, the OPERATOR may conduct a paid (as per the Price List) inspection of Locator, to be delivered to the OPERATOR at the cost and responsibility of the Client. The Client shall pay fees charged to the Client under the Agreement also during the time in which the above-mentioned inspection is being carried out by the OPERATOR.

2. The paid inspection of Locator may be necessary in order to Activate the Service after it has been suspended or the Agreement has expired.

§9 WARRANTY

1. The OPERATOR grants a guarantee of proper performance of Locator, which covers only defects due to reasons attributable to Locator itself.

2. In case of Locator malfunction, the OPERATOR shall replace a defective device, free of charge, with a properly functioning one, subject to provisions of par. 3. The Client shall deliver Locator to the OPERATOR at its own cost.

3. In case of damage to Locator caused by the Client, such as hitting or dropping Locator, spilling a liquid on it, burning it, short-circuit, using Locator against the installation instruction, user manual, opening it — the Client shall not be entitled to the guarantee.

4. If, upon purchase, Locator bears guarantee seals, removing them shall cause the guarantee to become invalid.

5. Batteries or acumulators built into or added to Locators are operational elements and do are not subjected to warranty.

§10 FEES

1. Fees for all services connected with the provision of the Service are specified in the Price List.

2. The OPERATOR reserves the right to change the Price List.

3. Clients shall be informed by e-mail about all changes to the Price List.

4. The Client undertakes to make payments arising from the Agreement within a time limit as specified in a Bill.

5. The OPERATOR shall charge a fee for Locator before its delivery upon concluding the Agreement at the latest. Activation of the Service is contingent upon making a payment for Locator.

6. Subscription fees are payable in advance. In the first received Bill, the Client shall be charged with an activation fee and subscription fee for the first settlement period in proportion to the time of using the Service in that month, i.e. from the day of the start of the provision of services to the last day of a calendar month and for the subsequent period.

7. Subsequent subscription fees shall be payable based on Bills issued by the OPERATOR in periods not shorter than a month and sent to the address of the Client by post (or by e-mail, upon Client's consent).

8. In case the Client does not receive a Bill, the Client shall still be obligated to pay for the subscription.

9. The day of payment of a Bill shall be deemed the day on which agreed amounts are credited to the bank account of the OPERATOR.

10. In case of delays in payments, the Client shall pay the OPERATOR statutory interest for the time of delay, starting from the first day following the day on which the deadline for payment has expired. In case payments are not made in full, interest shall be calculated from the sum remaining to be paid.

11. Payments made by the Client reduce the debt towards the OPERATOR.

12. The OPERATOR reserves the right to suspend the activation of the Service if the Client has not settled its liabilities towards the OPERATOR, and to activate the Service within 10 days of receipt of a confirmation that the Client has made a payment.

13. The OPERATOR reserves the right to suspend the provision of the Service if the Client has not settled its obligations towards the OPERATOR, and may condition a re-activation of the Service on presenting a confirmation that the Client has made payments or has conducted an inspection.

14. It is forbidden for the Client to provide content of unlawful, offensive, untrue or misleading nature, containing viruses or other content which could cause interruptions or damage to computer systems of the OPERATOR or IKOL Platform.

§11 TERM OF THE AGREEMENT

1. The Agreement is concluded for an indefinite period of time, unless the OPERATOR and the Client decide otherwise.

2. In case of an early termination of an Agreement for a definite period of time, the OPERATOR may charge the Client with costs arising on that account. The scope of such costs shall be specified in the Agreement.

3. A failure to settle liabilities towards the OPERATOR, despite a request to settle such liabilities, shall entitle the OPERATOR to terminate the Agreement with the Client with immediate effect.

4. In case a payment is made after the termination of the Agreement, an obligation shall arise to conclude a new Agreement; par. 1 and 3 of this clause shall apply accordingly.

5. The conclusion of a new Agreement may be effected on condition that the Client settles its financial liabilities on account of any services provided by the OPERATOR along with interest and other penalties provided for in price lists or agreements for the provision of services of the OPERATOR.

§12 EXPIRY OF THE AGREEMENT

1. The Agreement shall expire as a result of:

a. termination of the Agreement in cases referred to in §12;

b. expiry of time for which it has been concluded;

c. recovery, liquidation, bankruptcy, or enforcement proceedings being commenced against the Client;

d. death of the Client or its loss of legal personality.

2. In case this Agreement expires, the OPERATOR shall not reimburse the Client for any costs incurred on account of purchasing Locator and the provision of the Service. Provision of §12 par. 2 shall apply accordingly.

§13 TERMINATION OF THE AGREEMENT

1. Each party shall have the right to terminate the agreement at any time with a 30-day notice period, with effect at the end of a calendar month, by terminating the agreement on-line or sending a written notice to the other party by registered mail.

2. The Agreement may be terminated by the OPERATOR with immediate effect if the Client has breached the provisions of the Agreement and/or the Rules.

§14 WITHDRAWAL FROM THE AGREEMENT BY CONSUMER CLIENTS

1. A Client being a Consumer within the meaning of the Civil Code Act of 23rd April 1964 (Dz.U. [JoL] No. 16, item 93, as amended) shall have the right to withdraw from the Agreement pursuant to Art. 7 of the Act on the protection of certain consumer rights of 2nd March 2000.

2. The Client who has entered into the Agreement may withdraw from the same without stating the reason, by submitting a relevant written notice within 14 days of the day of conclusion of the agreement.
The date of conclusion of the agreement shall be deemed the day on which the object being the subject of sale was issued to the Consumer, and in case of the provision of the Service — the day on which the Agreement was concluded.

3. In case of a withdrawal from the Agreement, the Agreement shall be deemed invalid and the client shall be released from any liabilities. Whatever the parties have provided shall be returned in an unchanged state, unless an alteration was necessary within ordinary management. The return shall be effected immediately, not later than within 14 days. In case the client withdraws from the Agreement, the Operator shall confirm in writing the return of what has been provided.

4. The return of a purchased Locator in an undamaged state shall be effected immediately, not later than within 14 days of the conclusion of the agreement.

§15 COMPLAINTS

1. Complaints about provided services, in accordance with these Rules, can be submitted in writing to the address of the seat of the OPERATOR or through a special electronic form made available on IKOL Platform, within 30 days of the date on which an event giving rise to a complaint took place.

2. Submitted complaints shall be examined within 14 days of the date of their submission.

3. The results of the processing of a complaint shall be communicated to the Client by e-mail.

4. On account of non-performance or improper performance of the Service, the Client shall be entitled to compensation. The amount of compensation for each day of break in the provision of the Service shall be 1/30 of the fee for a given Service.

5. A break in the provision of the Service being the basis to charge compensation shall be calculated in days of a lack of Client's access to IKOL Platform resulting from the fault of the OPERATOR.
In case it is impossible to provide the Service due to technical defects of Locator or IKOL Auxiliary Devices, a break in the provision of the Service being the basis to charge compensation shall be calculated in days from the notification of the OPERATOR by the Client about the failure of the Service, and the day on which the Client has been requested to make an inspection.

§16 PRIVACY POLICY

1. As part of the provision of services, the OPERATOR or entities authorised by it are entitled to gather and process data necessary to provide Services other than personal data.

2. The OPERATOR represents that it uses cookies mechanism, which saves short text information on the computer of the Client or other person visiting IKOL Platform. This allows its identification in order to improve the use of IKOL Platform and allows using IKOL Platform, as accepting cookies files on the computer of the Client enables access thereto. Each person visiting IKOL Platform may, by modifying the settings of the Internet browser, disable the function of saving cookies on their own computer or permanently remove such saved files. Allowing the browser to save cookies on the computer is tantamount to a consent to such saving. The OPERATOR assures that the saving of cookies files on the computer of the Client or other person visiting IKOL Platform does not cause any configuration changes in their computer or software.

§17 FINAL PROVISIONS

1. Any changes to the Agreement and the Rules must be made in writing, otherwise null and void.

2. Clients shall be notified about any changes to the Rules in writing to the address provided by the Client in the Agreement, not later than 14 days before the entry into force of such changed Rules. If the Client does not agree to the new text of the Rules, they shall have the right to, within 14 days of receipt of a letter informing about changes to the Rules, reject in writing such proposed changes. A failure to produce such letter within the specified time limit shall be deemed as Client's acceptance of the content of the Rules. In case of a lack of acceptance of changes made in the Rules, the Agreement shall become terminated with a 30-day notice period. Each User shall be additionally informed about a change to the Rules by the OPERATOR placing, on the home page of IKOL Platform www.ikol.pl, a message about a change to the Rules, containing a list of changes to the Rules and maintaining such message on the home page of IKOL Platform www.ikol.pl for a period of at least 14 consecutive days, and Clients with User Accounts shall be additionally informed by the OPERATOR through a message, sent to the e-mail address provided by them in the Agreement, containing a list of changes to the Rules.

3. Based on the provisions of these rules, the OPERATOR may introduce a promotional sale of services. Rules shall be defined each time by the rules and a price list of a promotional offer.

4. The place of provision of the Service is the seat of the OPERATOR.

5. Matters not regulated in these Rules shall be governed by the provisions of the Civil Code.

6. The Rules were adopted on 2nd December 2019 with effect from 2nd December 2019.

Date of addition: 2020-12-01

Terms Of Service