I. GENERAL PROVISIONS
1. These Rules and Regulations are drawn up based on Polish law and define the rights and obligations of the Service Provider, Customer and Users with regard to the provision by electronic means of the Service, which is the subject of this Agreement drawn up based on the provisions of these Rules and Regulations and on other bases, and it stipulates the rules for providing the Service by the Service Provider to Customers construed as companies under Article 43¹ of the Civil Code and Article 4 of the Companies Act.
2. These Rules and Regulations are not applied to agreements concluded with consumers under Article 22¹ of the Civil Code. The provisions of Article 66¹ Par. 1, 2 and 3 of the Civil Code are excluded.
3. The Service may only be used by the Customers and Users on condition that these Rules and Regulations provided to the Customers and Users free of charge before the conclusion of the Agreement and the acceptance of their contents by the above during the Customer Registration, the First User’s Registration and the further User Registrations are read.
4. The requirement for using the Service is a device which allows internet connection.
5. Technical requirements of devices used by the Customers and Users required for compatibility with the ICT system used by the Service Provider, are as follows: a personal computer with Chrome, Opera or Firefox web browser. A mobile device with an Android operating system.
II. DEFINITIONS
1. Administrator A user who has access to the Luceos Smart System within a scope which allows the management of a Customer Account and all User Accounts, including the First User Account, integrated with the Customer’s Account. A user who holds Administrator status may at the same time be the Engineer or Coordinator.
2. Commercial Conditions: the document constituting an integral part of the Agreement, which specifies current prices for the Service and the prices of Additional Options, provided by the Service Provided in the course of the Agreement.
3. Registration Form: a form filled in during the Registration Process of the Customer and during User Registration, including the Registration of the First User.
4. Engineer: A user who has access to the functions of the Luceos Smart System within a scope which allows them to use the Luceos Smart System functions from mobile devices. The Engineer, using a mobile device and Luceos Smart software installed on such a device, performs field tasks assigned by the Coordinator. The user who holds the Engineer status may at the same time be the Administrator or Coordinator.
5. The Civil Code: The Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
6. First User Account: an individual, unique account in the Luceos Smart System, assigned to the First User, which is a collection of resources in which First User data, created during the First User Registration, is collected. The First User Account is integrated with one Customer Account and allows the First User to access data collected on the Customer Account in accordance with Service specification, with rights assigned by the Administrator to the First User Account and with the scope of Additional Options provided for the Customer Account. Access to the First User Account is allowed upon providing the First User’s e-mail address and an individual password.
7. Customer Account: a unique account in the Luceos Smart System assigned to the Customer, which is the collection of resources, including the collection of Customer data and a collection of all User Accounts created within the Customer Account. A Customer Account is created automatically upon Customer Registration in the Luceos Smart System, which is during the registration of the First User Account of a user authorised to act on behalf of the Customer and is managed by one or more Administrators. Customer data entered into the Luceos Smart System must be consistent with its actual condition and legal status, in particular, with appropriate registers or business activity register in which the Customer is registered. Customer Registration in the Luceos Smart System must be made by the First User authorised to act on behalf of the Customer and means the acceptance of these Rules and Regulations.
8. Customer Account: an individual, unique account in the Luceos Smart System, assigned to the User, which is a collection of resources in which User data created during the First User Registration is collected. A User Account is integrated with a Customer Account and allows the User to access data collected on the Customer Account in accordance with the Service specification, with rights assigned by the Administrator to the User Account and with the scope of Additional Options provided for the Customer Account. Access to the User Account is allowed upon providing the User’s e-mail address and an individual password.
9. Coordinator: A user with access to the Luceos Smart System in a scope allowing them to manage the work of all Users within the Customer Account, responsible for the coordination of work of a team of Engineers. The user who holds the Coordinator status may at the same time be the Engineer or Administrator.
10. Settlement Period: a calendar month.
11. Additional Options: a set of functions allowed for the Customer Account, by which the Basic Product Version can be extended.
12. The First User: a natural person who holds full legal capacity, registered in the Luceos Smart System under the First User Account, authorised to act on behalf of the Customer during the Customer Registration, authorised by the Customer to use selected Services within the Customer Account.
13. Basic Product Version: the smallest paid set of Luceos Smart System functions available within the Customer Account which allows the use of the Service.
14. Privacy Policy: rules for the collection, storage and management of the personal data of Luceos Smart System Users available at the website https://dsp.luceosapp.com/Legal/LUCEOS_SMART_CHECKLISTS/en/PrivacyPolicy.html
15. Rules and Regulations: The Rules and Regulations for the provision of services by electronic means by Luceos Intelligence sp. z o.o., as of 26th of March 2019.
16. First User Registration: the procedure for creating, verifying and activating the First User Account conducted in the Luceos Smart System.
17. Customer Registration: the procedure for creating, verifying and activating a Customer Account conducted in the Customer Registration process, which is part of the First User Registration process, for the User authorised to act on behalf of the Customer, conducted in the Luceos Smart System.
18. User Registration: the procedure for creating, verifying and activating the User Account conducted in the Luceos Smart System.
19. Luceos Smart System: an information technology system comprising an internet portal available in the domain luceossmart.com and in applications for mobile devices provided electronically by the Service Provider, which allows the Customer and Users to use the Service.
20. Agreement: the cooperation agreement concluded between the Service Provider and the Customer based on conditions specified in the Rules and Regulations and on other conditions.
21. Service: a set of functions provided by the Luceos Smart System to the Customer and its Users with the use of the internet and on Customer or User devices (computers and mobile devices).
22. Customer: a natural person holding full legal capacity, a legal entity or an organisational unit without legal personality, construed as a company under Article 43¹ of the Civil Code and Article 4 of the Companies Act, who is a customer under the Provision of Electronic Services Act. If the Customer is a natural-person entrepreneur, they can be concurrently entitled to First User or User status.
23. Service Provider: Luceos Intelligence sp. z o.o. with its registered office in Józefów, 05-420, ul. Elizy Orzeszkowej 19, entered into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 14th Economic Division of the National Court Register under the KRS number 0000498356. The Service Provider uses the following e-mail addresses: office@luceosintelligence.com and other from the domains luceosintelligence.com, luceossmart.com and luceos.pl.
24. Personal Data Protection Act: The Personal Data Protection Act of 10 May 2018 (Journal of Laws of 2018, item 1000).
25. Companies Act: The Entrepreneurs’ Act of 6 March 2018 (Journal of Laws of 2018 item 646).
26. Provision of Electronic Services Act: The Provision of Electronic Services Act of 18 July 2002 (consolidated text: (Journal of Laws of 2013, item 1422).
27. Users: each User of the Luceos Smart System and the First User, jointly.
28. User: a natural person who holds full legal capacity, registered in the Luceos Smart System under the User Account, authorised by the Customer to use selected Services within the Customer Account.
III. CUSTOMER REGISTRATION, FIRST USER REGISTRATION AND CONCLUSION OF THE SERVICE PROVISION AGREEMENT
1. In order to commence using the Service, the First User is obliged to perform Customer Registration and First User Registration in order to create a Customer Account and First User Account.
2. Customer Registration is always part of the process of creation of the First User Account integrated with the Customer Account and is performed within the First User Registration process.
IV. THE REGISTRATION OF OTHER USERS
1. The registration of other Users of the Luceos Smart System can be performed through:
a) conducting User Registration and the creation of a new User Account in the Luceos Smart System by the Administrator and then by the activation of the new User Account.
2. Commencing the use of the Luceos Smart System by the new User signifies an automatic acceptance of the Rules and Regulations.
V. OBLIGATIONS OF THE CUSTOMER AND USERS
1. The Customer and Users are obliged to follow the Rules and Regulations.
2. The Users are obliged to use only their own User Account and not to make their User Account available to other persons, and to keep the password to the User Account secret.
3. The User who holds Administrator status is also obliged to manage (administer) the Customer Account, User Accounts and First User Account, and to manage data provided by the Customer and Users.
4. The scope of the functions of Luceos Smart System within the Service provided to individual Users may be modified (limited or extended) due to the role assigned to the User by the Administrator.
5. The Customer and Users are obliged to use the version of the Luceos Smart System mobile application indicated by the Service Provider and they accept the fact that the use of the mobile application of the Luceos Smart System in an older version than most current may render it impossible to access the Luceos Smart System and to use the Service via the mobile application.
6. By using the Service, the Customer and Users cannot:
a) violate the Rules and Regulations;
b) violate applicable legal provisions;
c) provide and disseminate illegal content while using the Service;
d) use the Service in a manner which is contrary to or incompatible with its purpose, in particular, it is forbidden to take actions which violate morality and principles of social coexistence, including those which promote violence, hatred, racial, cultural, ethnic or religious discrimination, copyright, personality rights, or which offend dignity, or privacy of other persons or entities, in particular by collecting, processing and disseminating information about other Customers or Users, or by publishing their image without an explicit consent;
e) undertake actions which may hamper or disturb the conditions of providing the Service, and to undertake such actions as the destruction, change, deletion or damage to data of other Customers or Users and to hinder access to such data;
f) undertake actions against the Service Provider and other people, including, the violation of personal or economic copyrights and rights resulting from the registration of inventions, patents, trademarks, utility models and industrial designs.
VI. PAYMENTS AND SETTLEMENTS
1. There is a fee for the management of Customer Account, First User account and User Accounts.
2. There are fees for services provided within the Additional Options.
3. The cost of the Basic Product Version and Additional Versions is specified in the Commercial Conditions.
4. The Service Provider reserves the right to introduce promotional or free of charge periods, of which the Service Provider will inform the Customer and Users via e-mail, in the Luceos Smart System available at the address: www.luceossmart.com.
5. The Customer is obliged to make settlements with the Service Provider for the Service provided in accordance with the Commercial Conditions of the Customer, modified according to the provisions of Item XII of the Rules and Regulations. Each VAT invoice shall be issued for the Customer and cover the total price for the Service and the prices of Additional Options (and also, possibly, the prices of other services ordered by the Customer), based on current Commercial Conditions for the Customer plus VAT tax in accordance with current legal provisions. VAT invoices will be issued with a 14-day payment date.
6. The Service Provider will make the settlements “in advance”, each time for the next Settlement Periods covering a calendar month, subject to item VI.8.
7. The Customer represents that it accepts invoices issued and sent electronically by the Service Provider from the date of Agreement conclusion. At the same time, the Service Provider agrees to the sending of electronic invoices by e-mail. VAT invoices will be always issued on a date in accordance with tax laws and will be sent to the e-mail address of the Customer or User specified by the Customer as the person authorised to receive invoices.
8. If the Service provision is commenced by the Service Provider during a Settlement Period, the first payment covering the total price of the Service and the prices of Additional Options (and possibly also the prices of other services ordered by the Customer), under current Commercial Conditions, plus VAT tax in accordance with the applicable legal provisions, shall be reduced pro rata to the number of days in the Settlement Period in which the Service was not rendered. The activation of a new User during the Settlement Period results in a fee for the full Settlement Period and shall be included in the next invoice issued by the Service Provider.
9. If the provision of the Service to the Customer is suspended by the Service Provider for reasons for which the Customer or Users are responsible, in particular for reasons specified in item IX (2), the Service Provider shall retain its right to remuneration.
10. If the Agreement is terminated or Additional Options are deactivated both for reasons for which the Customer, First User or User is responsible, and as a result of decisions of the above entities, the Customer is obliged to pay the fee at existing level for the Settlement Period until the end of the Agreement or until the end of the Settlement Period after the end of the notice period in which the Additional Option was deactivated by the Service Provider. If a User Account is deactivated during the Settlement Period, the Service Provider shall charge a fee for the full Settlement Period.
11. The payment of VAT invoices issued by the Service Provider to the Customer shall always be made on the date specified on the invoice.
12. The Customer is obliged to pay amounts resulting from invoices on the payment date on the VAT invoice. If the payment date is breached, the Service Provider has the right to calculate statutory interest for the time of delay.
VII. TECHNICAL BREAKS POLICY
1. The Service Provider will make every effort in order to ensure correct and uninterrupted functioning of Luceos Smart System and provision of the Service throughout the duration of the Agreement.
2. Necessary periodic technical breaks during which appropriate changes are introduced into the Luceos Smart System, or made for the purpose of Luceos Smart System upgrade or maintenance, will only be conducted during night or at a time previously agreed with the Customer, the least inconvenient for the Users, and will last no more than 8 hours.
3. Suspension of the Services due to a periodic technical break for reasons referred to in item VII.2 hereof, shall not be treated as non-performance or defective performance of the Agreement by the Service Provider, leading to Customer or User claims.
4. In the event of the failure of the entire Luceos Smart System and/or individual User accounts, the monthly fee shall be automatically reduced proportionately by the number of days in which Luceos Smart System failed to ensure full functionality. A failure is understood when Smart Luceos System has failed to provide full functionality for more than 8 hours within the Customer’s work hours, i.e. 8 a.m. - 6 p.m.
VIII. COMPLAINTS PROCEDURE
1. The representative of the Customer, User, and the First User may lodge complaints with regard to improper functioning of Luceos Smart system and disruptions in the operation of the Service, by sending an e-mail to the address: biuro@luceossmart.com or by calling the Service Provider’s phone number indicated on its website www.luceossmart.com.
2. A correct complaint should contain at least the following data:
a) data allowing the identification of the Customer, in particular, such information as the Customer’s company, registered office, name of the person authorised to represent the Customer, Customer’s e-mail address;
b) data allowing the identification of the User who found irregularities in the functioning of the Luceos Smart System, in particular such information as the name of the User, User’s e-mail address;
c) the description of the subject of the complaint, i.e. indication of the irregularities in the functioning of the Luceos Smart System or disruption of the Service.
3. If data or information provided in the complaint require supplementation, the Service Provider will request the User or the First User to supplement it before processing the complaint, indicating the required scope of information to supplement.
4. The Service Provider is obliged to process the complaint as quickly as possible, if possible, within 14 working days of the reception of a correct complaint. The Service Provider is obliged to inform the User or the First User about the way in which the complaint will be processed, via e-mail, in the above time limit.
IX. SUSPENSION OR TERMINATION OF THE AGREEMENT
1. The Customer may terminate the Agreement with the Service Provider within the scope of the Service at any time by submitting an appropriate written declaration of Agreement termination to the address of the Service Provider. The notice period is one month and starts at the end of the month in which the declaration of Agreement termination was made. In such a case the Agreement within the scope of the Service shall be terminated at the end of the Settlement Period which ends on the last day of the notice period.
2. The Service Provider may terminate the Agreement with the Customer within the scope of the Service at any time though submitting an appropriate written declaration of Agreement termination within the scope of the Service to the address of the Customer. The notice period is one month and starts at the end of the month in which the declaration of Agreement termination was made. In such a case the Agreement shall be terminated at the end of the Settlement Period which ends on the last day of the notice period. In particular, the Service Provider is entitled to terminate the Agreement within the scope of the Service for important reasons, among which there are:
a) the failure of the Customer or Users assigned to the given Customer Account to follow the provisions of law or of these Rules and Regulations, in spite of a prior request to immediately cease the infringements sent by the Service Provider to the Customer’s indicated person responsible for the cooperation with the Service Provider;
b) delays in payments for the Service Provider exceeding the date indicated on the VAT invoice by 14 days or delays in payments covering three or more VAT invoices unpaid on the due date indicated on the invoice;
c) closure of the business by the Customer.
d) In cases indicated in items a) – c) the Service Provider may decide to suspend the provision of the Service, keeping the right to receive remuneration in current amount instead of terminating the Agreement.
3. The request referred to in item IX.2.a may be sent electronically or in writing to the Customer’s and User’s addresses.
4. The notice period for terminating the Agreement by the Service Provider is one month and starts at the end of the month in which the declaration of Agreement termination was made. In such a case the Agreement shall be terminated at the end of the Settlement Period which ends on the last day of the notice period.
5. The Service Provider may suspend the agreement with the Customer or deactivate the User account immediately if it discovers that the Customer or Users assigned to the Customer Account are taking actions referred to in item V.6 hereof, if such activities pose the risk of destabilising the operation of the Luceos Smart System, hinder the use of the Luceos Smart System by other Customers or Users, or pose danger to the safety of the Service Provider, Customers or Users (including data or information security) or otherwise interrupt the operation of the Luceos Smart System. In such a case the Service Provider shall immediately inform the Customer in writing and electronically of the reason for suspending the Service and of necessary actions which will allow immediate restoration of the Service.
6. In situations referred to in item IX.2.a or IX.5, and in the event of delays in payments to the Service Provider exceeding 7 days, the Service Provider may suspend the provision of the Service to the Customer or selected Users, after a prior request to immediately perform obligations under the Agreement submitted to the Customer. The Service Provider shall restore the Service no later than within 24 hours of the Customer making the overdue payment.
7. In the event of suspension of the Service to the Customer by the Service Provider, the creation of a new Customer Account requires the Service Provider’s prior consent.
8. In each event of a new Customer Registration, promotions and trial periods may not be applicable or may be limited.
9. In the period of suspension of the Service by the Service Provider for reasons indicated in item IX.2.a or IX.5, the Service Provider shall retain the right to remuneration at current value.
X. PRIVACY POLICY
1. The Service Provider represents that the personal data controller of the Customers and Users who are natural persons under the Personal Data Protection Act is Luceos Intelligence Spółka z ograniczoną odpowiedzialnością with its registered seat in Józefów, (05-420) at ul. Elizy Orzeszkowej 19, entered into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 14th Economic Division of the National Court Register under the KRS number 498356.
2. The Service Provider processes the Customer’s and User’s personal data in accordance with the Privacy Policy, which is necessary to start, create the content, change or terminate the Agreement and in order to provide electronic Service by the Service Provider, in particular in order to perform the Agreement concluded with the Customer and for billing. The provision of personal data by the Customer and Users is voluntary but necessary for the provision of the electronic Service and for billing. The failure to provide the above data shall result in the Service Provider’s refusal to provide the Service in accordance with Article 22 (1) of the Provision of Electronic Services Act:. The Customer’s and Users’ personal data is processed with compliance with the principles resulting from the provisions of the Personal Data Protection Act and the Provision of Electronic Services Act.
3. The Customers and Users who use the Luceos Smart System give their consent to the processing of their personal data by the Service Provider, in particular, the Customer and Users give their consent to:
a) the processing of their personal data necessary for the purposes of advertising, market research and the study of the behaviour and preferences of the Customers and Users by the Service Provider, aimed at using the results of such a research and study for the improvement of the quality of services provided by the Service Provider, also after the end of the provision of the Service by the Service Provider, without the need to remove all markings which identify them or which identify the end of the telecommunications network or the ICT system which the Customers or Users used;
b) the processing of operating data referred to in Article 18 (5) of the Provision of Electronic Services Act by the Service Provider for the purpose indicated in item X.3.a of the Terms Rules and Regulations.
4. The Service Provider shall guarantee the Customers and Users whose personal data it processes that it respects their rights under the Personal Data Protection Act, including access to the content of their personal data and the right to rectify it and to control the processing of their personal data based on principles described in the Personal Data Protection Act.
5. Through the website at the domain luceossmart.com, the Service Provider guarantees the Customers and Users whose personal data is processed, access to current information referred to in Article 20 (1) of the Provision of Electronic Services Act, i.e. information about:
a) the possibility to use the Service provided by electronic means anonymously or with the use of a pseudonym, however, the Service Provider does not allow the possibility to use the Service of the Luceos Smart System anonymously or with the use of a pseudonym;
b) technical means applied by the Service Provider to prevent the acquisition and modification of personal data sent electronically by unauthorised persons;
c) the entity which the Service Provider entrusts data processing, of its scope and the intended date of transfer, if the Service Provider has concluded with that entity a personal data processing agreement referred to in Article 18 (1, 2, 4 and 5) of the Provision of Electronic Services Act.
6. Customer and User personal data may be transferred to entities which are entitled to received them under applicable legal provisions, including to the appropriate judicial authorities. Subject to the provisions of item X.5.c and X.7, Customer and User personal data may also be transferred to third parties indicated by the Service Provider, including to entities who perform activities regarding the performance of services provided to Customers and Users within the Services.
7. The Service Provider may entrust another entity with data processing pursuant to a written agreement, however, the above entity may only process data in the scope and for the purpose stipulated in the agreement. In particular, data is provided to entities:
a) who provide the Service Provider with technological infrastructure, such as servers and Microsoft Azure cloud services;
b) who perform the services of sending e-mails and text messages;
c) who provide services connected with the performance of security audits of the Service.
d) The Service Provider shall always inform the Customer of every case and of the reasons for entrusting the processing of data for other reasons than the above.
8. Customer and User personal data is protected by the Service Provider against their provision to unauthorised persons and against other cases of their disclosure or loss and against their destruction or the unauthorised modification of the indicated data and information, through the use of appropriate organisational security, technical and programming measures.
9. In the event of entering personal data of third persons to the Luceos Smart System or providing them by the Customer, User or First User to the Service Provider in a different way, the Customer, User or First User is obliged to inform the person whose personal data is entered into the Luceos Smart System or provided to the Service provider in another way, of:
a) the address of the registered office and full name of the Service Provider;
b) the purpose and scope of collecting the data, in particular about the recipients or categories of recipients in accordance with the Rules and Regulations or other information received from the Service Provider;
c) the source of data;
d) the right to access the content of their data and to rectify it;
e) the right to lodge a written, warranted request to stop the processing of their data because of their special situation (this applies to the case when (i) personal data processing is necessary for performing tasks defined by law in the public interest or (ii) when it is necessary for achieving legitimate goals of data the controller or data recipients and the processing does not infringe the rights and freedoms of data subjects);
f) the right to object to the processing of their data in cases referred to in item X.9.e above, when the data controller intends to process it for marketing purposes or against transferring their personal data to another data controller.
10. Entering personal data of third persons to the Luceos Smart System or providing it to the Service Provider in a different means by the Customer, User or First User is tantamount to the Customer, User or First confirming that the data subject received information referred to in item X.9.
11. The Customer agrees to put the Customer’s logo and information about the Customer’s use of the Luceos Smart Service Management system in its marketing and promotional materials (including on its website).
XI. THE SERVICE PROVIDER’S LIABILITY
1. The Service Provider is liable based on principles of law, subject to the modification of the scope and limitations of its liability under these Rules and Regulations.
2. The Service Provider is responsible for the safety of the Service offered and for the confidentiality of data controlled by the Service Provider, in the scope and based on principles laid out in the Service Provider’s Security Policy, the Rules and Regulations and in common applicable legal provisions.
3. The Service Provider shall be liable only for the loss caused by intentional fault, and the compensation for the loss shall only cover the losses truly incurred by the victim. Compensation for damages made by the Service Provider shall not include benefits which the victim could have achieved if the loss had not occurred.
4. The Service Provider shall not be liable for the results of actions undertaken by the Customer and Users which are in breach of these Rules and Regulations, in particular, for damage caused by persons who the User or Customer provided access to the Luceos Smart System, including to the User Account, or which infringe legal provisions or are the result of irregularities or unreliability of information provided to the Service Provider by the Customer and Users.
5. The Service Provider shall not be liable for losses resulting from the improper operation or interrupted operation of the Luceos Smart System or from other disruptions in providing the Service, unless such improper operation, interrupted operation or disruptions are the result of circumstances resulting from intentional fault of the Service Provider.
6. The Service Provider shall not be liable for losses resulting from the improper operation or interrupted operation of the Luceos Smart System or from other disruptions in providing the Service, if the improper operation, interruptions or disruptions are the result of actions of the Customer, Users or third persons.
7. The Service Provider shall not be liable for losses resulting from periodic technical breaks in the operation of the Luceos Smart System and in the provision of the Service, referred to in item VII.2 of the Rules and Regulations, however, the Service Provider shall make very effort to minimise the inconveniences resulting from periodic technical breaks to the Users.
8. The Service Provider shall not be liable for defects or errors in the Luceos Smart System which resulted solely from the Customer’s, User’s or other person’s fault, for which the Customer is responsible.
9. The Service Provider reserves the right to develop the Luceos Smart System and to offer changes in the scope of the Services Provided.
10. The Service Provider shall not be liable for the lack of the possibility to use or for inconveniences in the use of the Luceos Smart System by the Customer or Users resulting from the failure to perform obligations referred to in item V.5 of the Rules and Regulations.
XII. CHANGES TO THE RULES AND REGULATIONS AND TO COMMERCIAL CONDITIONS
1. Throughout the term of the Agreement, the Parties allow the valorisation of prices indicated in the Commercial Conditions once in the calendar year by the percentage indicator of the general prices of goods and consumer services announced by the President of GUS in Monitor Polski for the previous calendar year. The Service Provider shall inform the Customer in writing of the revalorisation of prices not later than within 2 months of announcing the indicator by the President of GUS.
2. The change of prices under conditions specified in item 1 does not require an annex to the Agreement. New prices shall be in force since 1 January of the current calendar year.
3. (deleted).
4. Changes in the Prices shall enter into force at the beginning of the Settlement Period following the month in which the Service Provider sent the Customer message about the change of the Price List in accordance with item XII.2, subject to item XII.5 of the Rules and Regulations and to price changes resulting from the valorisation of prices, when the change enters into force from the beginning of the calendar year.
5. In the event of the lack of the Customer’s acceptance of changes to the Rules and Regulations or to the Price List, the Service Provider is entitled to terminate the Agreement by submitting the declaration of Agreement termination to the Service Provider.
XIII. RIGHTS TO INTANGIBLE GOODS
1. The Service Provider shall not transfer to the Customer of its intellectual property rights or any other rights connected with such rights, which are exercised during the performance of the Agreement and it does not transfer to the Customer any rights or methodologies, analytical or information technology tools, in particular to Luceos Smart System, and know how and other economic data which may be used or developed by the Service Provider during the performance of the Agreement.
2. Under the conditions and rules set out in the Rules and Regulations and the Agreement, the Service Provider shall provide the Customer a worldwide, non-exclusive, non-transferable license to use the Luceos Smart System within the duration of the Agreement for the Customer’s own use, including on the Users’ and Customer’s devices in the scope necessary to perform the Agreement. The license shall cover Luceos Smart System updates provided by the Service Provider.
3. The Service Provider represents and guarantees that the performance of the Agreement shall not infringe the rights of other persons, in particular, of copyright, trademarks, utility models and personal rights. Should the declaration from the previous sentence be or become invalid, the Service Provider shall be obliged to indemnify the Customer against any responsibility and liabilities towards third persons, and to compensate for the actual loss incurred by the Customer.
XIV. COMMUNICATION
1. Unless otherwise specified in the Agreement, all notifications, requests and other information required or allowed by the Agreement shall be made in writing and shall be deemed effective if:
a) provided in person,
b) are sent by courier or with an acknowledgment of receipt to the correspondence addresses indicated in the Agreement.
2. Any notification or other correspondence shall be deemed effective on the date of delivery, in accordance with the Polish law. Delivery to the above addresses shall be deemed effective upon the expiry of the 14 day advise period, unless the Party notifies the other Party of the change of its address prior to sending the letter in accordance with this item.
XV. FINAL PROVISIONS
1. These Rules and Regulations are available at the website www.luceossmart.com\regulamin.
2. The Service Provider shall provide the Customers with the Rules and Regulations free of charge before the conclusion of the Agreement at the address indicated in item XIV.1, during the Customer Registration process and the First User Registration, and, at the Customer’s request, in a way which allows it to obtain, reproduce and fix the content of the Rules and Regulations with the use of the ICT system used by the Customer.
3. In accordance with the provisions of the Agreement, the Agreement, including the Rules and Regulations which are its integral part, shall be governed by Polish law. In all matters regarding any legal proceedings, disputes or cases arising out of or in connection with this Agreement and the Rules and Regulations which are its integral part, each Party shall submit itself to the jurisdiction of Polish courts.
4. In accordance with the provisions of this Agreement, the Parties agree that all disputes arising in connection with the performance, failure to perform or undue performance of this Agreement and the Rules and Regulations which are its integral part, or arising out of their interpretation, shall be resolved amicably, and as a last resort, shall be resolved by a common court with jurisdiction over the registered office of the Service Provider.
5. The Price List is an integral part of the Agreement.
6. In matters not provided herein binding legal provisions shall be applied, in particular of:
a) the Civil Code;
b) the Personal Data Protection Act;
c) the Companies Act;
d) Provision of Electronic Services Act.