Apisense » Terms of use

APISENSE SERVICE AND APPLICATION REGULATIONS

1. Definitions:

1.1. Mobile Application or Application – software created by the Service Provider and made available to the User via Google Play and AppStore, intended for installation in the memory of a Mobile Device;

1.2. Apple – Apple Inc. with its registered office in Cupertino, California (USA) One Apple Park Way; Cupertino, CA 95014, USA, which operates the AppStore online store;

1.3. AppStore – software called AppStore, created by Apple, intended for Mobile Devices with the iOS system, enabling the use of the AppStore online store via a Mobile Device;

1.4. Google – Google Inc., a company registered in Delaware (USA) with its registered office at 1600 Amphitheatre Parkway, Mountain View California 94043, USA, which is the operator of the Google Play online store;

1.5. Google Play - software called: Play Store, created by Google, intended for Mobile Devices with the AndroidTM system, enabling the use of the Google Play online store via a Mobile Device;

1.6. Consumer – a natural person who performs a legal act with the Service Provider that is not directly related to his or her business or professional activity;

1.7. Privacy Policy – Privacy Policy of the Website and the Apisense Mobile Application ;

1.8. Regulations – these regulations of the Application for the provision of services by electronic means within the meaning of Article 8, paragraph 1, point 1 of the Act of 18 July 2002 on the provision of services by electronic means;

1.9. Service Provider – Apisense Spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, ul. Juliusza Osterwy 80, 30-699 Kraków, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number: 0000989776, Tax Identification Number (NIP): 6793247111, National Business Registry Number (REGON): 522960316, e-mail: info@apisense.pl , telephone number: +48 606 153 759 ;

1.10. Agreement – an agreement for the provision of Services in the Application by the service provider to the User, concluded for an indefinite period in accordance with the procedure specified in the Regulations, the subject of which is the provision of Services in the scope and under the conditions described in the Regulations;

1.11. Mobile device – a device enabling the use of the Application and data transmission services, in particular a mobile phone or tablet, operating on the basis of the AndroidTM or iOS operating system;

1.12. Services – services provided by the Service Provider to the User electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means via the Application in accordance with the Regulations;

1.13. User – any natural person using the Application or using one or more Services or functionalities described in the Regulations.

1.14. Website – the website operated by the Administrator at https://app.api.apisense.pl and https://apisense.ai

2. General information:

2.1.These regulations define the terms and conditions of use of the Application by Users and the type and scope of Services provided electronically within the Application.

2.2. The Terms and Conditions are made available to Users free of charge prior to the conclusion of the Agreement, also in a manner that enables the acquisition, reproduction, and recording of the Terms and Conditions using the User's IT system. In particular, Users may, without any restrictions, download the Terms and Conditions from the Application as a PDF file, save the Terms and Conditions to their storage media, and print them in any number of copies.

2.3. The Service Provider is the administrator and owner of the Application, authorized to dispose of the content and resources contained in the Application.

2.4. The User is obliged to comply with the provisions of the Regulations from the moment of their acceptance.

2.5. All rights to the Mobile Application and all materials contained therein, including copyrights, intellectual property rights to its name and logos, belong to the Service Provider or third parties, and may only be used in the manner specified in and in accordance with the Regulations.

3. Basic rules and conditions of use of the Application:

3.1. The Service Provider provides Users with services that enable them to monitor the health of their bee colonies within the app. Thanks to the functionalities available in the app, users can continuously monitor key health and environmental parameters, enabling effective apiary management and rapid response to potential threats.

3.2. The Agreement is concluded for an indefinite period upon logging in to the website and beginning to use the Service, in accordance with the Terms and Conditions. Registering a user account and creating a password are required to use the application.

3.3. By starting to use the Service, the User confirms that he or she has read, understands and accepts the content of the Regulations and undertakes to comply with them.

3.4. Use of the Application is free of charge, but requires connection to the Service Provider's server via a telecommunications network and use of a data transmission service or wireless connection. The User pays fees for using the data transmission service to the relevant telecommunications operator according to the tariffs set by the operator.

3.5. The Application is publicly available to everyone, but its use is conditional upon the Mobile Device used by the User meeting the following minimum technical requirements: a. a device connected to the Internet with an installed and ready-to-use web browser that supports HTML5, JavaScript and PDF format; b. enabling cookies and JavaScript in your web browser; more information about cookies can be found in the Privacy Policy available in the Application; c. the recommended screen resolution for displaying the Application is 1280x800 pixels; d. installing the Android operating system version 8.0 or later, or the IOS operating system version 14.0 or later.

3.6. The User is obligated to keep their password confidential and not disclose it to third parties. The Service Provider recommends using strong passwords and, in the event of a suspected account security breach, immediately contacting the Service Provider.

3.7. Use of the Application does not grant the User any license or right to use any protected content available through the Application, except as expressly provided in point 7.2 of the Regulations.

3. 8. The User is obliged to use the Application in accordance with the law, these Terms and Conditions and good practice, taking into account intellectual property rights and personal rights, in particular copyrights and exclusive rights of the Service Provider or other entities or persons, and in a manner that does not infringe the interests of the Service Provider.

3.9. The Service Provider reserves the right to suspend or delete the User's account in the event of violation of the Regulations, including suspicion of activities that may lead to a breach of system security.

3.10. The User is prohibited from providing content via the Application that violates generally applicable legal provisions, as well as from taking any action that may negatively impact the operation of the Application or the loss of the Service Provider's reputation or cause damage to the Service Provider, including interfering with the content of the Application, as well as using the content of the Application (legally protected or not) for commercial use.

3.11. To install the Application on a mobile device, the User downloads the Application via the Google Play or AppStore online store. Downloading the Application may require using a web browser and the Google Play or AppStore application.

3.1.2. You may install the Application on your Mobile Device by following the instructions displayed on your Mobile Device during installation.

3.1.3. Obtaining access to the Application involves the User submitting a declaration of acceptance of the Regulations.

3.1.4. The User may stop using the Application at any time by removing it from the Mobile Device in the standard manner for the given version of the operating system installed on the Mobile Device.

3.1.5. To ensure the quality of services provided, the Service Provider allows users to express opinions and submit comments regarding the operation of the Application. Any comments and observations can be sent to the following email address : info@apisense.pl .

4. Termination of the Agreement:

4.1. The Agreement is terminated when the User leaves the Application.

4.2. The User may also terminate any Agreement described in the Regulations at any time, immediately and without giving any reason, by contacting the Service Provider in writing or electronically using the details indicated in point 1.2 of the Regulations.

4.3. Furthermore, a User who is a Consumer may withdraw from the Agreement without giving any reason within 14 days of concluding it by submitting an appropriate declaration to the Service Provider, a template of which is attached as Appendix 1 to the Regulations. The declaration may be submitted in any form, with the recommended method being electronic contact via email to the following address : info@apisense.pl .

4.4. Upon receipt of the declaration of withdrawal, the Service Provider will send a confirmation of receipt. In the event of withdrawal, the Agreement is deemed null and void.

5. Service Provider Liability. Complaints:

5.1. The Service Provider supervises the proper functioning of the Application and Services, but does not guarantee the error-free operation of all its functionalities.

5.2. The Service Provider shall not be liable for any damage incurred by the User or any lost profits in connection with: a. the functioning of the Application, in particular disruption of the availability of all functions of the Application or their incorrect operation; b. violation of third party rights by the User; c. the operation of interfaces and telecommunications links that are not owned or operated by the Service Provider, d. services, applications and websites that are not owned or operated by the Service Provider.

5.3. The Service Provider declares that the content posted in the Application is collected and updated with due diligence, however, taking into account the dynamics of its variability and the acquisition of this data from external sources, the Service Provider is not responsible for its substantive accuracy and precision.

5.4. The Service Provider is not responsible for any limitations or technical problems of the IT systems used by Users that hinder or prevent the use of the Application and Services. This provision also applies to the activities of telecommunications operators whose services the User uses.

5.5. The Service Provider has the right to temporarily suspend the operation of the Application in order to perform technical maintenance of the Application, make changes to the operation of the Application, or prevent possible damage.

5.6. The User may submit a complaint regarding the correct operation of the Application or the Services provided electronically to the e-mail address: info@apisense.pl or in writing to the address of the Service Provider's registered office indicated in point 1.2 of the Regulations.

5.7. Complaints are considered immediately, no later than within 14 days from the date of their submission in the form of an electronic response via e-mail or in writing to the data provided in the complaint.

5.8. A User who is a Consumer has the option of using alternative, out-of-court dispute resolution methods, including electronic ones, with the Service Provider. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to provide out-of-court dispute resolution. These may include, in particular, consumer ombudsmen or the Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection : https://polubowne.uokik.gov.pl/ . A User who is a Consumer may also use the EU ODR electronic platform available at: http://ec.europa.eu/consumers/odr .

6. Protection of personal data:

6.1. The Service Provider is the administrator of Users' personal data.

6.2. The Service Provider processes Users' personal data, including email address and password, to ensure access to the Application and the safe use of the Services. Details regarding data processing are specified in the Privacy Policy available in the Application.

6.3. The conditions, scope, purposes and principles of processing personal data of Users using the Application are specified in the Privacy Policy available in the Application.

7. Intangible property rights. License:

7.1. Exclusive rights to the content provided or placed in the Application by the Service Provider, in particular the domain name, the Apisense name (trademark), its graphic elements, software, and Application components, such as the graphic layout, interface, and databases, are held by the Service Provider or entities with which the Service Provider has entered into appropriate agreements, including, in particular, but not limited to, property and personal copyrights, exclusive rights, ownership rights to databases, and other rights to intangible property. The User is entitled to use the aforementioned resource free of charge, but only for permitted personal use, for the proper use of the Application. Any other use of this resource (including, in particular, commercial use) is permitted only with the express prior consent of the Service Provider or another authorized entity, in writing, under pain of nullity.

7.2. Upon commencement of use of the Application and only for the duration of its use, the Service Provider grants the User a non-exclusive, royalty-free, territorially unlimited and time-limited license to use the Application, without the right to grant sublicenses, in the scope of: using the functionalities of the Application (in the event of the introduction of fees for certain functionalities, the license will be dependent on the payment of a fee), temporary reproduction, displaying and entering information in accordance with the functionalities of the Application.

7.3. Based on the granted license, the User has no right to research and test the functions of the Application in order to reproduce its functionality and method of operation, to extract, decompile, modify the Application, its content or its components, to publish or otherwise make the Application or its content available, and to use the Application contrary to the Regulations and applicable law.

7.4. Violation of the licensing rules or use of the Application and its content in a manner inconsistent with the law and the Regulations constitutes grounds for termination of the Agreement by the Service Provider with immediate effect, and the Service Provider is entitled to pursue its claims against the User, in particular in the scope of infringement of intellectual property rights.

8. Final provisions:

8.1. Wherever the Terms and Conditions refer to a User who is a Consumer, this also refers to a User who is a natural person entering into a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for such User, resulting in particular from the subject of the User's business activity, disclosed under the provisions of the Central Registration and Information on Business. In particular, the provisions of the Terms and Conditions regarding out-of-court dispute resolution and withdrawal from the Contract apply to the User described in this section.

8.2. Any doubts arising from the understanding of the Regulations should be interpreted in a manner ensuring compliance of the Regulations with generally applicable legal provisions, including provisions on consumer rights.

8.3. In matters not regulated in the Regulations, the relevant provisions of generally applicable law shall apply.

8.4. Any disputes arising from the use of the Application, in the absence of an amicable resolution, will be resolved by the competent common court.

8.5. The Service Provider is entitled to amend the Terms and Conditions without consulting the User for legitimate reasons, which include, in particular: changes in legal provisions, final court or administrative decisions, guidelines, recommendations, instructions, or other non-binding documents issued by public administration bodies, if they affect the content of the Terms and Conditions, and changes dictated by technical issues related to the operation of the Application, including changes to the services or functionality of the Application. Changes may not violate Users' rights under Agreements concluded before the amendment was introduced.

8.6. The Service Provider will inform Users of any changes to the Terms and Conditions via the Application by publishing the text of the amended Terms and Conditions, indicating the amended provisions and the planned effective date of the changes. Users will be bound by the new wording of the Terms and Conditions unless they terminate the Agreement before that date. The provisions of the Terms and Conditions in force at the time of conclusion of the Agreement shall apply to Agreements concluded before the amendments to the Terms and Conditions enter into force.

8.7. The Regulations come into force on 14 February 2025 .

Appendix No. 1 – template of the declaration of withdrawal from the Agreement

This form should only be completed and submitted if you wish to withdraw from the Agreement.

Service Provider details:

Name: Apisense Limited Liability Company with its registered office in Krakow Postal address: ul. Juliusza Osterwy 80 , 30-699 Kraków .

e-mail : info@apisense.pl

Tax Identification Number: 6793247111

KRS: 0000989776

I/We(*) hereby give notice of my/our withdrawal from the Agreement for the Service:

Date of conclusion of the Agreement:

Name and surname of the Consumer(s):

Address of Consumer(s):

Signature of the Consumer(s) (only if the form is sent in paper form)

Date