DTM System

Close Terms of service for CloudFLEX

TERMS OF SERVICE OF CLOUDFLEX APPLICATION

§ 1 General provisions

1. These Terms define principles of using the CloudFlex Service accessible at www.cloudflex.dtm.pl (herein after referred to as "CloudFlex Service") which is provided by the electronic application (herein after referred to as "CloudFlex Application") and CloudFlex portal (herein after referred to as "CloudFlex Portal").

2. The owner of the Application and the Portal, entity providing Service with the use of Application and Portal is DTM System spółka z ograniczoną odpowiedzialnością sp.k. with its Office in , Poland, ul. Brzeska, 85-145 Bydgoszcz, NIP (Tax Identification Number) 9532648396, REGON (Business Identification Number) 361052098 (herein after referred to as: „Service Provider”).

3. Using the Application (logging, writing down, downloading, sharing) is possible only after the login as the User by filling the registration form and confirming the registration with the e-mail message. It is unequivocal with entering into an agreement for the service delivery via e-mail between the Service Provider and the User and approval of these Terms of Service.

§ 2 Definitions

The following meanings are assigned to terms mentioned below:

1. Service Operator (Service Provider)- DTM System spółka z ograniczoną odpowiedzialnością sp.k..

2. Service (CloudFlex Service)- electronic service which allows the access to CloudFlex account on terms and conditions determined in these terms of service. The service is provided with the sue of the Portal or the Application.

3. Portal – WWW website presenting information about the Company and its services, along with the possibility of the access by the User to their Data at the address www.cloudflex.dtm.pl.

4. Application – software available on-line which enables the synchronization of Data obtained from devices of the user - its garage gate controllers between the device with working Application and the Server of the Service.

5. Server of the Service – Computational cloud, on which Data of Users and the software providing correct action of the Service are being stored.

6. Client – an individual, legal entity or non-corporate entity who purchased the account access and uses the Service and entered into an agreement with the Operator of the Service. The Client can administer accounts of Users whom the Client has the right to give or to forbid the access to the Service purchased by the Client. One Client can purchase the Service for one or more Users. The Client can:

• give the access to the User,

• forbid the access to the User who was given the access before.

7. Together with the purchase of the account the Client receives the license for using the account for commercial purposes.

8. User – The Client, an individual, legal entity or non-corporate entity using the Service through the Portal or the Application.

9. Account - allocated space of the CloudFlex System which is identified with unique Login name and secured with the Password of the User. The User of the Account saves the Data on it.

10. Account base – set of personal data of all Users of CloudFlex Account which are collected and processed in the way organized by the Operator of the Service as the authorized Persona Data Administrator, as defined in the Act from 29 August 1997 about the protection of personal data (Journal of Laws - Dziennik Ustaw 2002.101,926) to provide a service of the CloudFlex account access.

11. Payment System – system which enables to pay the fees for using the Service with the use of teleinformation connections.

12. Data – the contact details and other data which can be stored by the User as part of the Service.

13. User name (login) - sequence of characters which creates the name (address) of e-mail which protects the access to the personal CloudFlex Account.

14. User password – the sequence of characters (letters and/or numbers) which protects the access to the personal CloudFlex Account.

15. Registration - one-time activity, consisting of creating the Account by the User, ( done with the use of the registration form provided by the Service Provider on the website www cloudflex.dtm.pl and sharing basic user data to the Service Provider , as essential data for the completion of the service made available within the portal.

§ 3 Copyright protection

1. 1. Property and personal copyright to the Portal and its all elements (including software, functional arrangement, graphic elements, databases and all contents published in the Portal) are a property of the Service Provider. The copyright is subject to a protection stated in the act from 4th of February 1994 - of the copyright and related rights.

2. All commercial and company trademarks which appear on www.cloudflex.dtm.pl website are subject to legal protection on principles stated in relevant provisions of the law.

3. All ownership rights, rights of the intellectual property being a property of third parties which don't result from the Service, but to which the access is possible in the course of using the Service, they are a property of right owners as well as they are protected by copyright or by other laws on protection of the intellectual property.

4. Using the content published in the Portal doesn't mean purchasing by the User any copyright. The user can use the content only in the scope stated in the act on the copyright and related rights.

5. All opinions and other suggestions of the Users concerning the Portal are welcome. However, delivering the opinion or the suggestion, the User grants Service Provider the permission to exploit it without the obligation of recompense payments (since the User is not obliged to hand it over).

§ 4 Registration in the Portal

1. Within the Portal the Operator undertakes to provide electronic services in the scope and on conditions determined in these Regulations.

2. Terms of use of the Service are as follows::

• - conclusion of a contract for providing services between the User and the Service Provider,

• - accepting the following Regulations by the User,

• registration of the User,

• completing the payment for the Services.

3. Agreement concerning providing of the service via e-mail is concluded with the help of the electronic application form available on www.cloudflex.dtm.pl

4. 4. Registration of the User consists of creating the Account on www.cloudflex.dtm.pl the User is obliged to update data included in the registration form if any change occurs. The User can do it by editing one's Account in the Service.

5. The user who accepts the Regulations declares that:

• the User acknowledged the Regulations and obliges oneself to follow the Reulations,

• the User enters all data, having a status of personal data, into the Service voluntary, knowingly and in a true and accurate manner. In case of the change of any data, the User should immediately update them.

6. After entering into an agreement for the service provision, correct registration in the Service and approval of the following Regulations, an individual account assigned to the specific User will automatically be generated.

7. An Account is activated within 24 hours from posting the payment in an Service Operator's account of the given User. From this moment the User is entitled to full Service usage.

§ 5 Principles of using the Service

1. Service agreement for the CloudFlex Service is concluded for the indefinite time.

2. With the moment of the first logging the Service Provider grants the User the revocable, nonexclusive and inalienable licence for using the CloudFlex Service in chosen place and time for the period that was paid for, with the stipulation of § 5 sec. 3. The licence allows to use the Application and the CloudFlex Portal only in the scope necessary to use the Service.

3. Providing the CloudFlex Service by the Operator is free of charge for the period of promotion. Promotional period is valid until further notice. After this period a payment is introduced for the CloudFlex provision of a service, according to a § 10 of this Regulations. The end of the promotional period and the introduction of payment, the Operator shall notify through the CloudFlex platform, a year in advance.

4. The Operator obliges himself to provide the CloudFlex Service for the best possible quality and the stability, however the Operator is not responsible for breaks and disruptions caused by action of force majeure or unauthorized action of the third parties.

5. The Operator is not responsible for the temporary impossibility of using the CloudFlex Service caused by implementing new solutions and improvements as part of the CloudFlex Service, as well as conservation works which can cause periodic difficulties or prevent Users from using the CloudFlex Service that the Operator is not responsible for. As far as possible the Operator will notify on pages of the portal about planned breaks of the CloudFlex Service.

6. In exceptional cases the Operator reserves the possibility of the temporary restriction or ceasing the provision of the CloudFlex Service without earlier notification for the Users for restoring the efficiency and the safety of the CloudFlex Service. The operator is not responsible in any way towards the Users.

7. Service Provider protects the data stored on the User account from the access of third parties, with the exclusion of people authorized by the User .

8. The User will get the access to data stored on the User account by entering the Login of the User and the Password of the User.

9. If the User suspects, that Password protecting the access to the account is in unauthorized possession of third parties, at all times it is possible to change it via the form "You don't remember the password?" available at the address www.cloudflex.dtm.pl.

10. The User is solely responsible for the safety of the Password of the User and the Login of the User, and for all, both authorized and unauthorized cases of accessing the Account with the use of the Password of the User and the Login of the User.

11. Service Provider has the right to remove or to block the User Account at all times in the event of a breach of the provisions of the following Regulations in particular when the User, through transmission, damage, removal, hampering the access or the change of IT data, in the significant degree disturbs the work of the computer system or teleinformation networks, or provided false data.

§ 6 Rights and obligations of the Service Provider and the User

The User from the level of his account has the right to manage data gathered on it including looking through, modification and removal of data. The User can also disclose data to other people according to the own recognition and on the User's own responsibility.

1. The User does not have the right to place contents violating laws of other people, illegal, conflicting with good manners or rules of social coexistence. The Service Provider can remove details of the above forbidden contents, and block Service User Account if the presence of the following occurs.

2. The User is solely responsible for creating, editing, inspection, management, sorting, removing and controlling the data stored in an Account in any other way.

3. The User can use the Account only for lawful purposes and uses of the Service. The User can share his login and the password to third parties. The User is responsible for all effects incompatible with the Regulations of third parties to whom the User granted the access to the Account.

4. The User obliges himself not to take action which could violate laws of third parties, lead for breaking Passwords of other Users or their Logins or attempts to get the access to data of third parties.

5. The User will not generate the overload of links and of other infrastructure, based on which the service delivery is held with the use of CloudFlex Application or CloudFlex Portal

6. The User will not take or prevent other people of conducting alteration, creating derived elements, translation, decompilation, disassembly or breaking of code of the CloudFlex Application or none of its parts. The User will not also transfer the laws granted the User to other subjects.

7. The User of the Account will not:

• delete or make any changes in the content sent in the scope of CloudFlex Service (to and from the Portal server) in particular intercept or monitor the content,

• scan the Application or the Portal in search for shortcomings and use these shortcomings in the unlawful way or conflicting social principles,

• enter any viruses, Internet programs, bugs and other codes or the instruction in order to cause the breakdown, removal, or damaging the Portal.

8. The User of the Account will immediately notify the Operator of the Service of irregularities noticed in the operating of the Service so that the Operator could remove them.

9. The Operator has the right to demand from the User ceasing any action in the Account and the CloudFlex Service if they are recognized undesirable by the Operator, even when they do not violate the Regulations - such request will be sent to the e-mail address of the User given in User Account Data.

10. The Operator has the right to erase contents placed by the User when the contents exceed the capacity of the User Account .

11. With the moment of the first logging the Service Provider grants the User the revocable, nonexclusive and inalienable licence for using the CloudFlex Service in chosen place and time for the period that the Payment was completed. The licence allows to use the Application and the CloudFlex Portal only in the scope necessary to use the Service.

§ 7 Technical requirements

1. In order to use the Service provided by the Service Provider, the User must have the device with the access to the Internet and with the minimum bandwidth of Internet connection 256 kbit/s along with installed version of one of the following web browsers: Google Chrome 35 or newer, Firefox 30 or newer, MSIE 11 or newer, Safari 5.1.7 or newer.

§ 8 Rights and obligations of Users and the Operator

1. Service Provider provides the service of the CloudFlex account access with the use of the Application and the Portal with the due diligence according to obtained knowledge and technical possibilities.

2. Service Provider is not responsible for the content of the account. Service Provider has the right to demand from the User ceasing operating in the Account and the CloudFlex Service if they are recognized undesirable by Service Provider even when they do not violate the Regulations - such request will be sent to the e-mail address of the User given in User Account Data.

3. Service Provider is not responsible for the access of persons unauthorized to have data gathered in the Account. In particular if unauthorized persons got the access to data into the effect of conscious or unconscious operations of the User.

4. Service Provider is not responsible for the damage arising from Service and Account malfunction through no fault of the Contractor.

5. Service Provider is not responsible for making available to authorised persons, based on relevant provisions of the law of the following: Password of the User, Login of the User or other data placed in an account.

6. Service Provider is not responsible for Data loss caused by breakdown of computer systems, the equipment failure or other circumstances independent of the Service Provider. The responsibility of the Service Provider for the damage resulting from the non-performance or the unsatisfactory performance of the service delivery agreement is in the CloudFlex Service, is limited to the value of the payment received by the Service Provider from the User in the period of last 12 months.

7. Service Provider reserves the right to:

• possible periodic turn off of the availability of the Service in the aim of its expansion or the conservation but in the way which will hamper normal usage of the Service in the least possible way. Service Provider undertakes to place on www.cloudflex.dtm.pl information about breaks and their planned time as well as to inform about this fact with the use of the message sent to the address given in the User Account Data,

• short, occasional breaks at the Account and Service access without stating causes for which the break took place. The total time of breaks at the scale of the month should not exceed 2%,

• cease the service delivery immediately for the User who will violate provisions of the Regulations or the copyright for the Service Provider. The User will be immediately informed about the fact of ceasing the service delivery, to the e-mail address given in User Account Data.

• make changes of functional features, possibilities and functionalities of the Application, the Portal and the Account. These changes do not constitute the change of the Regulations,

• delete contents placed by the User, in the event that they exceed the capacity of User Account.

8. Service Provider reserves full right to cease the service delivery if the User, in the persistent way,:

• commits any action that could destabilize or make it difficult for the Application and Portal to the work,

• violates the legally protected copyright, personal rights and businesses of the third subjects,

• violates any resolution of the Regulations.

9. Service Provider Has the right without earlier notification develop the Portal AT Any moment on additional elements and functions, rep air the faults, update and modify the CloudFlex Application. Service Provider reserves the right to place graphic and text advertisements displayed in the chosen moments of Account usage.

§ 9 Sharing contents and data of Users

Service Provider is an administrator of all personal details which create the contents of the Base of Accounts. The Service Provider undertakes to process data given in the essential scope to the service delivery within the scope of the agreement which joins the Service Provider to the User according to the law in force. Administrator of personal data (Service Provider) has the right to process personal data in every other purpose only with the consent of the User.

1. The User has the right to an access and corrections to the User data saved in the Base of Accounts.

2. Accepting the Regulations, the User undertakes to give own, true personal and contact data.

3. Accepting the Regulations, the User declares that given personal data are true and simultaneously is responsible for the results of providing false data.

4. Service Provider informs that personal data in the registration form emphasized as compulsory, are data essential for the correct service delivery.

5. Service Provider undertakes not to provide identification data and data on the User Account for third parties.

6. Service Provider is not responsible for action of Users which aim is to use other CloudFlex Service Users data.

§ 10 Payments

1. The User is obliged to pay Service Provider payment according to the up-to-date price list administered by the Service Provider.

2. The payment takes place in advance for every next twelve months.

3. The lack payment within 14 days causes the loss of the possibility of using the Service.

4. The delay in the payment exceeding 14 days results in blocking the User Account and making the access to Service and user data impossible until placing overdue payment.

5. Service Provider is entitled to delete unpaid account together with all the data.

6. Placing delayed payment is equal with overdue payment.

7. Service Provider will notify the User about the need to pay a fee for the new licence period and in the situation from § 10, sec. 5 Service Provider will notify of removing the Account and data gathered there. All notices will be sent to the e-mail address given in the User Account Data.

§ 11 Complaint procedure

1. The complaint of the User in relation to the non-performance or the undue performance of a contract should be e-mailed to the address of the Service Provider cloudflex@dtm.pl. The complaint will contain User data enabling the contact and the identification, circumstances justifying the complaint or suggestions of the User referring to the way of removing the shown object of the complaint.

2. Report which does not fulfil the requirements from sec. 1 is ineffective up to the day of its completing.

§ 12 Final provisions

1. All correspondence, announcements and information sent to the User in the electronic form will be pointed to the e-mail address declared in an account opened as part of the service.

2. Service Provider he has the right to a one-way change of provisions of the Regulations without stating the cause and at any time. Changes apply from placing them on www.cloudflex.dtm.pl. Amendments to the Regulations of procedure will also be made available for Users in the right way which enables the analysis of changes, most often to the e-mail address declared in an account opened as part of the service.

3. In case of amendments to the Regulations the User can refuse to approve the amended regulations by removing the account in the Portal within 14 days of the day of publishing changed version of the Regulations.

4. To all matters not settled herein provisions of the Republic of Poland shall apply

5. Disputes arising between Service Provider and the User who is a Consumer at the same time, are subject to complement common court. Disputes arising between Service Provider and the User who is not a Consumer at the same time, are subject to complement court by territory of Service Provider headquarters.