Monite.app - Regulations

TERMS OF USE OF THE MONITE.APP WEBSITE AND MONITE APPLICATION

WITH EFFECT FROM 05 JANUARY 2021.

§ 1 [ DEFINITIONS ]

Service Provider – GETWISE Sp. z o.o. with its registered office in Warsaw, Al. Ujazdowskie 22 lok 18 (00 - 478), entered into the National Court Register - Register of Entrepreneurs by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register, under KRS no.: 0000803910, NIP: 1231449568, REGON: 384372971, with share capital of PLN 12500, providing Services.
Services – a service provided by the Service Provider to the User by electronic means free of charge, to the extent specified in detail in the Market, Monite and the Terms of Use.
Terms of Use – these terms of use for the use of services provided by the Service Provider.
Website – the website maintained by the Service Provider at www.monite.app.
Monite - the Service Provider's application (software), within the framework of which the Service Provider provides the User with Services consisting in the provision of information about Products.
Market – an online shop in the form of Google Play Store and App Store, from which the User downloads the Application..
User – a person using the Website or Monite.
Consumer – a natural person entering into an agreement with the Service Provider for the provision of services by electronic means, the subject matter of which is not directly related to his or her business or professional activity, being a consumer within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights as well as a natural person concluding a contract with the Service Provider for the provision of services by electronic means related to the economic activity performed by him, not having a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Business Economic.
Products – withdrawn, dangerous or endangered products, the information about which will be available on the Website or Monite in the form of notifications or search results made by the User.
Account – an electronic service provided by the Service Recipient via the Website: marked with an individual name (login) and password given by the User, a set of resources in the Service Provider's ICT system, in which the data provided by the User is collected.

§ 2 [ GENERAL PROVISIONS ]

Service Provider shall provide the Users with Services consisting in particular in providing the User with information and access to the content of the Products, whereby the content shall be understood as single text or graphic materials made available by the Service Provider within the Website or Monite in such a way that each User can access them in a place and at a time chosen by them.
Terms of Use define the principles of using the Website and Monite, including in particular:
contact details of the Service Provider,
general information,
technical requirements of Monite,
procedure for setting up an Account on the Website,
use of the Website,
use of Monite,
copyright issues,
issues of complaint procedures,
the Service Provider's responsibilities.
Terms of Use define the rules of providing Services electronically by the Service Provider through the Website and Monite.
The content of the Terms of Use is available on the Website and in Monite and may be recorded by the User in any way.
Monite is accessed via the Market, in which case access to Monite by the User is provided on the terms appropriate to a given Market, and the provision of Services via Monite is provided on the terms specified in the Terms of Use.
The administrator of the User's personal data is the Service Provider. Detailed rules for processing of the Service Provider's personal data can be found in the Privacy Policy available on the Website.

§ 3 [ CONTACT DETAILS OF THE SERVICE PROVIDER ]

In order to get in touch with the Service Provider, the User may contact the Service Provider at the e-mail address - [email protected].
Contact with the Service Provider is possible based on contact details – Al. Ujazdowskie 22 lok. 18, 00 – 478 Warsaw.

§ 4 [ MONITE TECHNICAL REQUIREMENTS]

Monite is designed for mobile devices with the system:
Android version 6.1.2 and higher,
IOS version 12.3 and newer.
Monite can only be downloaded through the relevant Markets, i.e:
Google Play Store for Android,
App Store for IOS.
To use Monite, you should:
have a mobile device,
ensure permanent access to the Internet,
have adequate space on the device on which it intends to install the Monite, as indicated in the Marketplace,
download Monite from the relevant Market indicated in § 4 point 2 of the Terms of Use and install it on your mobile device,
run Monite.
The costs of data transmission for downloading and using Monite shall be borne by Monite users themselves, at the rates applicable to their operator or Internet provider.
Upon acceptance of the Terms of Use and launching Monite for the first time, an agreement for the provision of Services for an indefinite period of time is concluded between the User and the Service Provider.

§ 5 [ TECHNICAL REQUIREMENTS OF THE WEBSITE ]

In order for the User to use the Website, it is necessary to have a device supported by a web browser ensuring correct handling of Javascript and cookies and constant access to the Internet.

§ 6 [ ACCOUNT CREATION PROCEDURE ON THE WEBSITE ]

Creating an Account is free and voluntary.
To create an Account, you must fill out a registration form. The following information is required for this:
User's name,
User's e-mail address.
In order to properly set up an Account it is also necessary to create a password enabling access to the Account. The password must contain the total:
minimum 6 characters,
at least one capital letter.
Registration of the Account requires reading and accepting the Terms of Use, as well as the User's consent to the processing of his/her personal data to the extent necessary for the registration and proper performance of services provided by electronic means.
User has the possibility to delete the Account in the "My subscriptions" tab.
Deleting the Account does not require giving a specific reason.
Service provider reserves the right to delete the Client's account in the case of violation by the User of the conditions specified in the Terms of Use or law.
The creation of an Account is also possible by connecting it with the User's account in the service:
Facebook,
Google,

§ 7 [ USE OF THE WEBSITE ]

User has the opportunity to use the Service through the Website without registering an Account or after setting up one.
On the Website, the User has the opportunity to search for information about the Products through a search engine.
in the "List of withdrawn products" tab within the Account, the User determines the Products from which country among the available in the Service wants to receive notifications.
User who has an Account, additionally has the possibility to create a list of notifications in the area of matter of interest to him, which are sent by the Service Provider to the e-mail address of the User, given during registration or when creating the list.
User has the possibility to change the e-mail address referred to in § 7 point 4 of the Terms of Use, in the "List of withdrawn products" tab.
User may at any time resign from receiving notification by e-mail by changing settings within the Account.
User who has an Account, may also make payments more broadly defined in § 9 of the Terms of Use
Detailed information about Monite's functions can be found in Monite and on the Website.

§ 8 [ USE OF MONITE ]

In order to use Monite, you must download the application from the Market to your mobile device and run it.
The use of all Monite functionalities is voluntary and free of charge.
By downloading Monite, the User confirms that he/she has read the Rules and the Privacy Policy and accepts their contents.
Upon launching Monite and accepting the Terms of Use and the Privacy Policy, an agreement for the provision of Services for an indefinite period of time is concluded.
By using Monite, you select the Products from among those available in the Service from which country you wish to receive notifications.
You have the opportunity to view information and notifications about Products from the country of your choice by selecting one of the available Product categories or by searching for Products according to criteria (tags) of your choice.
User has the opportunity to search for information about the Product by scanning its barcode with the use of a mobile device. After scanning the barcode of the Product placed on the packaging, the User gains access to information and messages concerning the Product. In order to use the above function, the User is required to grant Monite access to the device's camera. This consent may be revoked at any time by changing the settings of the mobile device. The Service Provider does not collect, store or in any way perpetuate scans performed by the Users.
User has the possibility of tracking messages and information about the Products defined by key phrases selected by the User and setting "pop-up" notifications on the mobile device. Monite's consent to the sending of pop-up notifications may be revoked at any time by changing the settings of the mobile device.
You have the ability to share your message and information about the Products through the applications indicated in Monite.
User should use Monite with respect to the principles of social coexistence, in accordance with the generally applicable law and the Terms of Use dedicated to the User. Users are prohibited from supplying illegal content and using Monite in a manner that interferes with the functioning of the Service Provider's application, servers or network and from arbitrarily interfering with Monite or the content made available in Monite.
You may terminate your use of Monite at any time by removing the application from your mobile device. Uninstalling Monite from your mobile device is the same as terminating the Service Agreement.

§ 9 [ SUBSCRIPTION ]

User has the opportunity to support the Service Provider financially by making a voluntary donation to him.
Donation can be made through the "Support us" tab.
Donations to the Service Provider are made through the payment service www.stripe.com on the terms specified in the service terms of use.
User may make a donation in any amount in the form:
one-time payment;
by ordering a monthly recurring payment of a chosen amount to the Service Provider.
User may also decide to cover the costs of data transmission related to the execution of the transaction.
User has the possibility to cancel the donation in the form of cyclical payment at any time by changing the settings of the Account in the "My subscriptions" tab.
The discontinuation of the recurring payment in case of cancellation is effective immediately.

§ 10 [ LIABILITY OF THE SERVICE PROVIDER ]

The Service Provider stresses that it does not create or prepare any content available in Monite or on the Website and the scope of the Services consists in the publication of communications published by external media, competent authorities and state offices and third parties, in the face of which it is not liable to the Users for any direct or indirect damage as well as for any loss of profits or revenues resulting from it:
access to Monite or the Website and the User's inability to use them,
content published in Monite or on the Website, including both the content and the graphics and photographs,
the absence of a communication in Monite or on the Website, previously published by the external media and the competent State authority and offices.
For the avoidance of doubt, Service Provider stresses that it is not responsible for the quality, reliability or usefulness of the aforementioned content published in Monite or on the Website.
The Service Provider shall not be liable for limitations or technical problems in the information and communication systems used by Users' devices, which prevent or restrict in any way the use of the Website or Monite and provided by the Service Provider.

§ 11 [ LICENSE AND RIGHTS TO MONITE ]

The Service Provider retains ownership of all copies of Monite even after being installed by Users on their devices. Monite and all related software are owned by the Service Provider and are protected by intellectual property and copyright laws. The User is not entitled to use the software or Service in a manner not covered by these Regulations. The Service Provider has an unlimited, non-exclusive, free of charge, non-transferable license to use any content in accordance with the conditions set out in the Regulations and the Privacy Policy.
During the term of the contract for the provision of the Service between the Service Provider and the User, the Service Provider grants the User a license to use Monite and under the terms of the Regulations. The license referred to above does not authorize the User to grant further licenses.
The User has no right to reproduce, sell or otherwise market or distribute Monite, in whole or in part, in particular to send or make Monite available in computer systems and networks, mobile application distribution systems or any other ICT systems.

§ 12 [ PERSONAL DATA ]

The Administrator of personal data provided by the User during the use of Monite and the Website is the Service Provider. Detailed information concerning the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as the recipients of the data, can be found in the Privacy Policy available at Monite and on the Website - due to the principle of transparency, contained in the general Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of processing the User's data provided by the Service Provider in connection with Monite and the Website is to provide Services. The basis for the processing of personal data in this case is an agreement for the provision of services or actions taken at the request of the User, aimed at its conclusion (Article 6(1)(b) of the RODO).
User's data provided in connection with the Application will be processed until the moment when:
the Service Provider ceases to have a legal obligation, obliging him/her to process the User's data - if the basis for the processing of personal data is a legal obligation incumbent on the Service Provider;
the User or the Service Provider ceases to be able to pursue claims related to the contract for the provision of Services;
the User's objection to the processing of his personal data will be accepted - if the basis for the processing of data was the legitimate interest of the Service Provider - depending on what is applicable in the case and what will happen at the latest.
The User is entitled to the right in the scope of his or her personal data:
access to his personal data,
their corrections,
deletion,
processing restrictions,
request the transfer of data to another controller,
to object to the processing of the data at any time for reasons connected with the specific situation of the User.
In order to exercise their rights specified in § 12 point 4 of the Terms of Use, the User should contact the Service Provider using the data from § 3 of the Terms of Use.
In the event that the User decides that his/her data is processed illegally, the User may lodge a complaint with the President of the Office for Personal Data Protection.

§ 13 [ AMENDEMENT OF THE RULES OF PROCEDURE ]

The Service Provider reserves the right to change the Terms and Conditions in the case of
it is necessary to adapt Monite or the Website to the legal provisions affecting the services provided through them;
changes in the scope of security of the Services provided
changes in the functionality of Monite or the Website,
changes in the maintenance costs of Monite or the Website,
changes in the functioning of the Service Provider,
changes in the assumptions of functioning of Monite or the Website.
A notice of the planned change to the Terms of Rules shall be placed in Monite at least 14 days prior to the implementation of the changes, as well as sent to the e-mail address provided during Account registration on the Website and shall remain visible at least until the first activation of Monite by the User after placing the notice.
In the event that the User does not object to the planned changes after the announcement referred to in § 13 point 2 of the Terms of Use has been displayed, it shall be deemed that he accepts them.
In the event of opposition and non-acceptance of the planned changes, the User shall remove the Account and Monite from all its devices. Removing the Account and uninstalling the Application from the device shall be equivalent to the termination of the Service Agreement.
The date of the last modification of the Terms of Use shall be published in Monite and on the Website. Previous versions of the Terms of Use are available on request.

§ 14 [ COMPLAINTS PROCEDURE ]

The Service Provider is obliged to provide Services in a non-defective manner.
In the case of objections to the Services provided, the User may file a complaint using the Service Provider's data indicated in § 3 of the Terms of Use.
The consideration of the complaint by the Service Provider will take place within 14 days of receipt of the complaint.
If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others, the Service Provider's data:
mediation conducted by the locally competent Provincial Inspectorate of Commercial Inspection, to which a request for mediation should be addressed. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
assistance of a locally competent, permanent, amicable consumer court operating at the Voivodeship Inspectorate of Commercial Inspection, to which an application should be submitted for consideration of a case before an amicable court. As a rule, the proceedings are free of charge. The list of courts is available at the address: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
free assistance of the municipal or district consumer advocate.
the online ODR platform available at the following address: http://ec.europa.eu/consumers/odr/.

§ 15 [ FINAL PROVISIONS ]

In the case of a possible dispute with the User, in the scope permitted by law, the competent court will be the court having jurisdiction over the seat of the Service Provider.
The Service Provider communicates with the Users in Polish or English, depending on the User's choice.