Terms of Service

Last modified: October 15, 2021

Basic concepts

System - the UltiTime internet application belonging to the Administrator under which Services are provided;

Administrator - IT Crowd Tomasz Zabkowicz based in Warsaw at 46 Piechoty Lanowej Street, Tax ID 9512136115;

User - a natural or legal person registering a Company Account in the System;

Company Account - the main account in the System set up by the User. Within the Company Account it is possible to create additional accounts for other users such as employees or persons cooperating with the company;

Registration Form - a form filled out during the registration process in the System;

Password - a string of characters enabling logging in to the system;

Login - username being a user's email address;

Logging in - the process of user authentication and authorization consisting of entering the login and password;

Registration - voluntary input of data by the User to enable later Logging in;

Service - a resource of the System enabling specific data administration activities;

GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (GDPR - General Data Protection Regulation - text published in the EU Journal);

Personal Data - all personal data defined in accordance with the GDPR and the Personal Data Protection Act which the User enters in the System;

Regulations - this document describing the conditions of using the System;

Privacy Policy - a document available at https://ultitime.com/privacy containing rules and statements regarding the processing of Personal Data;

Contract - a contract for the use of the System concluded between the Administrator and the User at the time of acceptance of the Regulations and Registration of the Company Account by the User in the System. The content of the contract is understood as all the conditions contained in these Regulations;

General information

1. These Regulations set out the general principles constituting the legal basis for using the System and conditions for the sale of Internet Services available in it.

2. The System User may be an adult natural person with full legal capacity (which also includes a natural person conducting sole proprietorship), a legal person or an organizational unit which is not a legal person the special provisions of which grant legal capacity. However, a Company Account can only be registered by an entity with a tax identification number (legal person or sole proprietorship).

3. Each User at the moment of taking steps to use the System declares that they have read these Regulations and the Privacy Policy, fully accept the provisions contained therein and undertake to strictly comply with them. Anyone who does not agree with the above should refrain from using the System's Services and the Administrator has the right to refuse such a person to provide Services and sell products offered in the System.

4. The owner and administrator of the System (hereinafter referred to as the "Administrator") is IT Crowd Tomasz Zabkowicz based in Warsaw at 46 Piechoty Lanowej Street, Tax ID 9512136115.

5. In order to work correctly the Service requires an Internet connection with a speed of a minimum 40Mbps and a web browser that supports HTML5 and JavaScript. The System Administrator recommends using the latest version of Google Chrome browser.

6. The Administrator shall not be liable for incorrect functioning of the System resulting from incorrect configuration of the computer or slow Internet connection.

Type and scope of services rendered

1. The System provides proprietary Services in the form of coded IT resources. The use of System resources is completely voluntary.

2. The System Administrator has the right to change prices, exposition of Services, add and withdraw them as well as carry out promotions and end them.

3. The Administrator is the sole author of all Services offered and has the rights to all graphic and text materials presented.

Responsibility for using the System

1. The use of the System is associated with the fees specified in the price list available at https://ultitime.com or disclosed under a separate agreement between the User and the Administrator.

2. Access to the Service purchased by the User is limited in time. In the basic version it is one calendar month, however it is also possible to purchase the Service for a longer period after agreeing with the Administrator.

3. If not agreed otherwise, the payments for using the System are made "in arrears" based on invoices sent to Users at the beginning of the following calendar month.

4. Payment for the use of the System is paid to the bank account indicated on the invoice.

5. The User's acceptance of the Regulations is tantamount to consent to sending commercial information to the email address provided by the User within the meaning of the Act on the provision of electronic services (Journal of Laws No. 144, item 1204).

6. The User agrees to the processing of their Personal Data in accordance with the System's Privacy Policy.

7. The System Owner may disclose Personal Data to other entities if it is necessary to provide its Services as well as when it is necessary to provide information to law enforcement authorities.

8. The User agrees to the provision of Services by electronic means in accordance with the Act on the provision of electronic services (Journal of Laws No. 144).

9. Users who are registered in the System agree to receive information and messages (including promotional messages) by means of an email and using other means of communication (including telephone and ICT). The message sent is considered to have been successfully delivered.

Registration

1. The system works online.

2. The condition of using the System is to accept these Regulations and the Privacy Policy and then register in the System. After completing the registration form User receives an activation link sent to their email address. After successful registration the User has full access to the System. At any time the User may modify their data using the functions available in the System. After submitting the completed form the User actively begins to use the System's resources and at the same time the Contract on running the User's account between the User and the Administrator is concluded on the conditions set out in these Regulations.

3. The registration procedure is completed and secured by sending an activation link and creating appropriate entries in the database. Login and Password are confidential. The User using the Login and Password is asked to keep this information only to themselves. The password is not known to the Administrator.

4. The Administrator reserves the right to refuse user registration.

5. In the event of a breach of the Regulations the User may have access to the account blocked, temporarily or permanently. In addition, in the event of a breach of the Regulations the User may not claim any rights to the System.

6. The User may resign from using the System at any time, however after resignation they are obliged to pay for the current calendar month or months of notice provided for in a separate agreement (if any).

7. The Contract termination occurs when:

a. The User is in arrears with payments;

b. The User places or makes available content that could in any way violate the personal rights of third parties or the Administrator, or violate any other rights of third parties including copyrights, industrial property rights, trade secrets etc. Users are also prohibited from posting any offensive content that violates decency, legal provisions or social norms or content containing any Personal Data of third parties without their consent.

c. The User does not comply with the Regulations;

d. The Administrator has received official notification about the unlawful nature of the User's data or related activities.

e. The Administrator has received reliable information about the unlawful nature of the data provided or related activities and has previously notified the User of its intention to prevent access to the account in the System.

f. The address data provided by the User raise objectively justified doubts as to their correctness or truthfulness.

User

1. The User using the System is solely responsible for the consequences of using the Service.

2. The User is obliged to use the System in accordance with the Regulations and Polish law. Publication of your Personal Data is done at your own risk.

3. By registering an account and accepting the Regulations the User concludes a Contract with the Administrator to use the System. On its basis the Administrator grants the User a paid non-exclusive license to use the System at one time based on a single individual login (email address).

4. With their account Users can create sub-accounts for more than one person. The User is solely responsible for the manner of using their account and the accounts thus created for other persons and in particular for actions that are inconsistent with the Regulations and the Privacy Policy.

5. The User accepts the price list of using the System available at https://ultitime.com.

6. The User bears sole and full responsibility for the data entered into the System. If necessary, the User releases the Administrator from any liability for data entered into the System.

7. The User declares that to the extent provided by the GDPR they are the administrator of all Personal Data entered by them to the System and that they are responsible for obtaining the necessary consents from the persons to whom these data belong. The IT Crowd Tomasz Zabkowicz company is only the entity processing this data on behalf of the User.

8. The User declares that they will not use the accounts of other people or make their account available to other people, except for persons authorized by the User to use the System and process the Personal Data contained therein.

9. The User declares that they will not sell or otherwise transfer their account to other persons. The User may have more than one account, however if they will use them to circumvent the provisions of the Regulations or the Privacy Policy the Administrator may block the accounts and terminate the Contract.

10. The User will not use the System in any scope other than necessary for the purposes of the Contract.

11. The User is obliged to inform the Administrator about a change in the email contact address or company details to which invoices are issued for using the System within seven (7) days of their change. The contact address is the email address provided when registering the Company Account.

12. The User declares that the data entered by them during the registration process is true and that they join the System voluntarily.

13. Because the System is only a tool that the User uses they accept that:

a. The Administrator shall not be liable for damages including lost profits, loss of data or information as a result of failure to provide data or information to the User's clients, delays in delivery or interruptions in the operation of the System or the provision of Services;

b. The Administrator is not responsible for unlawful use of the System regardless of how it is used;

c. The Administrator is liable to the User up to the amount of average one (1) month remuneration paid by the User to the Administrator in the last 12 months;

d. The User is solely responsible for the Personal Data database entered into the System which is the administrator pursuant to the provisions of the GDPR and the Personal Data Act.

Intellectual Property Rights

1. The Administrator offering Users access to information disseminated through the System pays special attention to the need to respect intellectual property rights.

2. The Service buyer must use it as intended i.e. use it on electronic devices with online access.

3. Each purchaser of the Service is obliged to ensure that no other unauthorized persons have access to it.

4. All files and materials made available in the System - for a fee or free of charge - are subject to protection provided for in the Act on Copyright and Related Rights (Journal of Laws of 1994 No. 24 item 83).

5. Under the Contract concluded at the time of creating a Company Account in the System the User is entitled to a license for the System in the fields of use indicated in art. 74 and art. 75 of the Copyright Law, but it cannot:

a. Permanently or temporarily multiply the System in whole or in part by any means and in any form,

b. Translate, adapt, change the layout or make any other changes to the System,

c. Make a backup copy of the System,

d. Reproduce the code or translate its form within the meaning of art. 74 section 4 points 1 and 2 of the Copyright Law.

6. The license granted to the User and the related rights to use the System shall expire upon termination or expiry of the Contract.

Complaint procedure

1. Complaints regarding the Services provided by the System may be submitted by email to the following address: contact@ultitime.com, or in writing by registered mail to the address: IT Crowd Tomasz Zabkowicz, Piechoty Lanowej Street 46, 02-951 Warsaw.

2. The complaint should include the name of the person submitting the complaint (name, surname, email address, company details) and a description of the event causing the complaint.

3. Complaints will be considered by the Administrator within 14 days from the date of receipt of the notification. The Administrator reserves the right to leave a complaint without an answer if it results from a lack of knowledge of the Regulations or failure by the User to follow the instructions and information appearing in the System.

4. Each User purchasing access to the Service for a period longer than one calendar month has the right to ask for a return of the amount invested (in proportion to the past period of using the Service) if the User reasonably shows that the System is malfunctioning or unavailable.

5. The Administrator reserves the right to refuse to make a refund in exceptional situations when there are reasonable doubts that the return made has the characteristics of abuse of the right to return (multiple returns, buying many products in turn and returning them etc.).

6. Simultaneously with the positive consideration of the refund application of which the User will be informed, access to the Service for which the refund was carried out will be blocked.

7. Any data collected during the period of using the System Service for which the return takes place will be permanently erased.

Data protection

1. The Administrator processes Personal Data provided by Users in a manner consistent with the scope of the authorization granted by the User and legal requirements including the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to processing Personal Data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), in particular protects Users' Personal Data against disclosure to unauthorized persons, loss or damage.

2. All data provided by the User will be processed by the Administrator solely for the purpose of providing the Services referred to in these Regulations. The User acknowledges that on the basis of art. 19 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2013 2017 item 1219) the Administrator is entitled to process the User's Personal Data provided during Registration also after finishing using the Service, if they are:

a) necessary to settle the Service order and assert claims for payment for using the Service;

b) necessary to clarify the circumstances of unauthorized use of the Service referred to in art. 21 paragraph 1 of the said Act;

c) allowed for processing on the basis of separate acts.

3. All data provided by the User will be processed by the Administrator solely for the purpose of providing the Service (legal basis art.6 par.1 lit.b) and for accounting and tax purposes based on applicable law - art. 6 clause 1 lit. c GDPR.

4. The Administrator informs that the User has at any time the right to transfer data, the right to access the content of Personal Data and the possibility of correcting it, objecting to data processing and the consent given to the processing of data may be withdrawn by the User at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

5. The User also has the right to lodge a complaint regarding the processing of Personal Data to the President of the Office for Personal Data Protection.

6. Full information on the processing of Personal Data can be found in the Privacy Policy.

Final information

1. The Administrator is not responsible for events and their effects that may take or took place in the real world as a result of using the System. Using the System is voluntary.

2. The Administrator reserves the right to temporarily, completely or partially disable the System in order to improve it, add services or carry out maintenance without prior notice to Users.

3. The Administrator reserves the right to change the price of the Services at any time without giving reasons. Users will be notified of any change by email and have the right to opt out of continuing to use the Service due to price changes.

4. The Administrator is not responsible for the loss of System data collected in the Administrator's IT systems caused by equipment failure, internet network dysfunction or loss due to the actions of third parties.

5. It is forbidden to copy, duplicate or any other use in whole or in part of the information, data or other content available on or from the System without the Administrator's consent, except for cases of permitted use resulting from the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).

6. All provisions of these Regulations may be changed by the Administrator at any time without giving reasons. The changes will be published on a regular basis in the form of a unified text of the Regulations in the System and Users will be notified by email.

7. After receiving information about changes in the Regulations the User should immediately read the changes because logging in or any other activity in the System made after such announcement is tantamount to unconditional acceptance of the new content of the Regulations by the User.

8. In the event of not accepting changes to the Regulations the User should refrain from using the System and if they are a permanent User for whom changes to the Regulations may be relevant they should immediately inform the Administrator.

9. Declaration of non-acceptance of changes in the Regulations will result in the removal of the User from participation in all aspects of permanent functioning in the System.

10. The Administrator reserves the right to stop providing Services or change the profile of activity.

11. In matters not regulated by these Regulations the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on the provision of electronic services and in relation to Consumers also the Consumer Act.

12. For the avoidance of doubt it is stated that none of the provisions of these Regulations limit the User's rights under the law in force in the territory of the Republic of Poland. In the event of non-compliance of the provisions of these Regulations with the above laws, priority is given to the laws of the Republic of Poland.

13. The provisions of the Regulations should be interpreted in a manner that ensures their compliance with applicable law.