TERMS AND CONDITIONS FOR MONIT24 SERVICE PROVISION

These Regulations define the general terms and conditions for using the service of monitoring the performance and availability of resources at a specified internet address, provided electronically via the Monit24 system.

I. DEFINITIONS
Terms used in these Regulations, in singular or plural, mean:
1. Subscription – the value of the periodic fee, expressed as a net amount, for the rendered Service resulting from the Agreement concluded between the Service Provider and the User;
2. Internet Address – a resource available on the IP network at a specified URL address (e.g., smtp://mail.monit24.pl, https://monit24.pl, ping://217.17.42.81);
3. Failure – the incorrect operation of the Software causing the inability to collect data for the proper execution of the Service;
4. Monitoring Frequency – the value of the time intervals between successive checks of the monitored resources;
5. Working Days – days of the week from Monday to Friday, excluding public holidays in Poland;
6.Notification Channel – the method selected by the User from the list available in the Administration Panel for the Service Provider to transmit information about events, including SMS messages, electronic mail, and internet messenger;
7. User Login and Password – means the User’s individual designation, a sequence of alphanumeric or other characters identifying the User and selected during Registration. The Password is a confidential sequence of alphanumeric or other characters assigned during Registration, enabling the User’s authorization in the Administration Panel;
8.Service Support – means technical assistance provided by the Service Provider as part of the Services rendered under the Agreement, consisting of telephone or e-mail support for Users by the Customer Service Office, ongoing assistance from the Customer Service Office in resolving issues related to the quality of the Services provided, and the readiness of the Customer Service Office to remove Failures;
9. Monit24 Offer – the Service offer available on the Service Provider’s website at https://monit24.pl, or an individually prepared offer, containing the prices and parameters of the offered Services;
10. Software – the copyrighted computer program named Monit24, along with other elements that are not computer programs within the meaning of Copyright Law but constitute an integral part of the Software, used for monitoring the availability and speed of IT systems, including Update – a subsequent improved version of the Software that the Service Provider makes available to the User without incurring an additional fee;
11. Billing Period – the period for which the User’s obligations towards the Service Provider for the provided Services are settled, beginning and ending on the calendar month days indicated by the Service Provider;
12. Test Period – a period during which the Service Provider provides the Test User with the Service to a limited extent. The length of the Test Period is 14 days, unless the current Offer or individual arrangements between the Service Provider and the User state otherwise;
13. Installation Fee – a one-time fee paid in advance by the User to the Service Provider, collected upon activation of the Service;
14. Administration Panel – a web or mobile application available electronically (Internet network) at the URL: https://panel.monit24.pl or in the form of the Monit24 mobile application, used for configuring and managing the Service. The Panel may additionally be made available at other URLs;
15. Subcontractor – an entity to which the Service Provider entrusts the performance of a part of its obligations arising from the Agreement. A Subcontractor is not a member of the Service Provider’s personnel employed under a civil law contract, including a sole proprietorship, to whom the Service Provider has entrusted the performance of specific activities within the scope of the Agreement;
16. Copyright Law – the Act of February 4, 1994, on copyright and related rights;
17. Regulations – these Terms and Conditions for Monit24 Service Provision;
18. Registration – the voluntary disclosure of data and information necessary for the process of setting up an account in the Monit24 System by the User or Test User to the Service Provider via the Administration Panel or in another form;
19. Monitoring Scenario – a model representing the method of checking the operation of a specific User service. It consists of steps that reflect individual checking stages at a defined Monitoring Frequency (monitoring process). An example of a simple Monitoring Scenario may be:
Step 1. Entering the home page,
Step 2. Searching for a product: television,
Step 3. Adding the found product to the cart;
20. Monitoring Station (also known as Location) – a place on the Internet network, managed by the Service Provider, with an installed monitoring application, from which the Service Provider performs monitoring;
21. Monit24 System – the Service Provider’s technology, which consists of the Monitoring Station, the Software, and the Service Provider’s IT infrastructure, through which it provides the Service;
22. Test Service – a version of the Service provided free of charge by the Service Provider during the Test Period, possessing limited functionality;
23. Agreement – an agreement for the provision of Services concluded between the Service Provider and the User, specifying the scope and price of the Services provided, concluded for a definite or indefinite period. The Order, upon acceptance by both Parties, constitutes the Agreement;
24. Service – the Monit24 service provided directly by the Service Provider, consisting of monitoring the performance and availability of resources at the indicated Internet Addresses (monitoring), at a specified Monitoring Frequency, provided electronically (Internet network) via the Monit24 System or the Order.
25. Service Provider – Monit24.pl Spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, Plac Wolnica 13/10, 31-060 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number: 0000354678, possessing NIP number: 6762413790, REGON: 121144930, and share capital of PLN 5000;
26. User – a natural person running a business, a legal person, or an organizational unit without legal personality, having the capacity to incur obligations and acquire rights on its own behalf, conducting business or professional activity on its own behalf, and performing a legal action directly related to its business or professional activity, using the Services provided by the Service Provider;
27. Test User – a User who uses the Test Service;
28. Order – a Service order form sent by the User or Test User to the Service Provider using means of distance communication, specifying the scope of the Services provided.

II. GENERAL PROVISIONS

1. The User is obliged to use the Service Provider’s Services in accordance with their intended purpose, the Agreement, the Regulations, and applicable law.
2. The User uses all data, information, and results of the Service’s operation solely at their own risk.
3. Registration is available only to entrepreneurs within the meaning of Article 4, section 1 or 2 of the Act of March 6, 2018 – Entrepreneurs’ Law, non-governmental organizations within the meaning of Article 3, section 2 of the Act of April 24, 2003, on public benefit activities and volunteering, as well as associations, foundations, and public finance sector entities. The data entered during Registration are binding for the purpose of providing Services to the given User. The Service Provider reserves the right to request the presentation and verification of documents confirming the truthfulness of the data entered by the User.
4. The Service Provider provides the Services for the User’s exclusive use. The User may not share the Services provided under the Agreement with third parties without the Service Provider’s prior consent.
5. Commencing the use of the Service, both for the Test Period and as a result of concluding the Agreement, is equivalent to accepting the Regulations.
6. By confirming acceptance of the Regulations, the User declares that:
– the data entered by them during the Registration process are true, current, and concern the User or the entity represented within the scope of the authorization granted;
– the e-mail address and mobile phone number provided by them are appropriate for receiving essential information about the Services provided, and access to them is restricted solely to persons authorized to make declarations of will on behalf of the User;
– they consent to the provision of the Services under the conditions established in the Regulations;
– they consent to receiving correspondence from the Service Provider related to the Service provided, in particular periodic reports, notifications, and technical and commercial information concerning the Service. This information may be sent to the contact addresses and numbers defined in the Administration Panel.
7. The Service Provider provides the Services on the terms indicated in the Agreement and the Regulations. In case of discrepancies between the provisions of the Agreement and the Regulations, the provisions of the Agreement shall be considered binding. In such a case, the Regulations shall apply to matters not regulated by the Agreement.
8. The Service Provider reserves the right to separately regulate the rules for using the Service due to the specifics of a given Service.
9. By placing an Order, the User agrees to the placement of their company name and the trademark used, within the Service Provider’s website, for informational purposes to publicly confirm the performance of the Service.
10. By preparing an opinion or reference for the Service Provider, the User agrees to the placement of the prepared opinion or reference, as well as their company name and the trademark used, within the Service Provider’s website, for informational purposes to publicly confirm the performance of the Service and assess its quality.
11. The User has the right at any time to request the cessation of the publication of the information referred to in the above provisions. In the absence of different prior arrangements, the User is not entitled to remuneration for the Service Provider’s use of the opinions, references, logo, or company name referred to in the above provisions.

III. AGREEMENT WITH THE USER

1. The Service may be ordered through the Customer Service Office, by phone or e-mail at bok@monit24.pl, or via the Service Provider’s website at https://panel.monit24.pl by completing Registration in the Administration Panel.
2. The activation of the Service takes place after Registration and the conclusion of the Agreement.
3. The Agreement may be concluded for a fixed or indefinite period.
4. An Agreement concluded for a fixed period shall be automatically extended for an indefinite period after its expiry, unless the User informs the Service Provider of the termination of the agreement or changes the Order within 30 days before the expiry of the Agreement period, in written or electronic form.
5. During the term of the Agreement concluded for a fixed period, the User has the right to change the parameters of the Service provided, provided that this choice cannot involve a lower Subscription fee.
6. The notice period for termination of an Agreement concluded for an indefinite period is 1 calendar month, effective at the end of the calendar month. Termination of the Agreement requires written or electronic form within the meaning of Article $78(1)$ para. 1 of the Civil Code
7. The User may terminate the Agreement concluded for a fixed period before the expiry of the term indicated therein, which results in the assessment of an additional fee equal to $1/30$ of the monthly Subscription multiplied by the number of days remaining from the moment of giving notice until the end of the Agreement term. In such a case, the Service Provider will issue an accounting note to the User payable within 14 days. The aforementioned contractual penalty will not be assessed if the termination of the Agreement resulted from a breach of the Agreement by the Service Provider. The above does not exclude the possibility of introducing provisions in the Agreement regarding additional entitlements of the Service Provider in the event of the User terminating the Agreement.
8. The User may transfer the rights and obligations arising from the Agreement to a third party, provided that prior written consent is obtained from the Service Provider, under pain of nullity. Fees related to the assignment of rights and assumption of obligations shall be collected from the existing User, according to the fees specified in the Agreement. The existing User is also obliged to settle all dues for the Services incurred up to the date of assignment, and this must be fulfilled before the assignment is made, unless the parties agree otherwise with the knowledge and written consent of the Service Provider. The User may not assign the rights to a third party other than the one to which the Service Provider’s written consent pertained. The Service Provider may demand that the assignment be made on the basis of an agreement concluded between the Service Provider, the User, and the third party

IV. METHOD OF SERVICE DELIVERY AND TEST PERIOD

1. The Service enables the collection and processing of data regarding the availability, operating speed, and other publicly available information concerning the internet services, applications, and servers monitored by the User.
2. The Service provides for sending notifications via the selected Notification Channel, including email, SMS messages, or internet messengers indicated by the User in the Administration Panel, in the event of detecting an incident related to the operation of the monitored resources, in accordance with the configuration in the Administration Panel.
3. For the correct use of the Service, the User must have an ICT device with internet access, equipped with a correctly installed, configured, and updated web browser (Google Chrome, Microsoft Edge, Mozilla Firefox, Opera, Safari, or equivalent) and an email program (Microsoft Outlook, Mozilla Thunderbird, or equivalent).
4. To use the Services provided via email or SMS messages, the User is required to have an appropriately active and correctly configured email account or mobile phone, respectively.
5. It is the User’s responsibility to ensure internet access in order to use the Service. The User undertakes to maintain the security of their internet connection and the IT system used by regularly installing security updates provided by software manufacturers and by using regularly updated anti-virus software.
6. The User has continuous access to the monitoring results and the possibility to configure the Service via the Administration Panel.
7. Activating the Test Service for the Test Period is possible through Registration in the Administration Panel or by contacting the Customer Service Office (by phone or email).
8. The Test Service is activated for a Test Period of up to a maximum of 60 days from the date of Service activation. Within the Test Period, the Service Provider offers the Service with basic parameters consistent with the current Monit24 Offer.
9. At any time during the Test Period, the Service Provider may block or delete the Test User’s account without stating a reason.
10. The Test User becomes a User after the Test Period upon concluding the Agreement or sending an Order for the Service.
11. The Test User may resign from the Test Service at any time by sending information about the wish to resign to the email address: bok@monit24.pl.

V. RIGHTS AND OBLIGATIONS OF THE USER AND THE SERVICE PROVIDER

1. The Service Provider undertakes to launch and provide the Service with due diligence, fully in accordance with the Order or the Agreement for the benefit of the User.
2. The Service Provider is entitled to entrust the performance of parts of the subject matter of the Agreement to Subcontractors. The Service Provider shall be liable for the actions of Subcontractors as for its own actions.
3. The User and the Test User are obliged to provide truthful data during Registration and to update this data in the Administration Panel or via email at bok@monit24.pl. The Service Provider, in turn, ensures the necessary means for data security.
4. The User and the Test User undertake to use the Services in a manner that does not violate the rights of third parties, good customs, or legal provisions, and bear responsibility for the manner in which third parties, to whom the User has made their User Login and Password available, use the Services.
5. The User is obliged to pay the fees resulting from the Agreement on time.
6. When publishing data obtained through the Service, the User is obliged to include information about their source of origin.
7. The User is obliged to inform the Service Provider of any changes that may affect the execution of the Agreement.
8. In the event of the User introducing changes that may affect the compatibility of the Software or the Monitoring Scenario, the User shall inform the Service Provider of the planned changes with at least 7 days’ advance notice and shall provide the Service Provider with the new software version for testing. Otherwise, the Service Provider shall not be responsible for the incorrect functioning of the monitoring caused by changes introduced to the User’s monitored Internet Address.
9. The User and the Test User are strictly prohibited from:
– using the Service in a way that may lead to the violation of the proper functioning of computer networks and systems;
– making changes, deleting, or adding any entries to the information of third parties without their consent;
– conducting activities aimed at obtaining unauthorized access to computer systems or information stored in them, consisting in particular of breaching security measures or circumventing security mechanisms or procedures;
– infringing the intellectual property rights of third parties;
– disseminating materials containing content that violates legal provisions.
10. If the Service Provider obtains information about the User or the Test User using the Services in a manner inconsistent with the Regulations, the Agreement, or legal provisions, the Service Provider has the right to immediately block the User’s access to the Service and to process the User’s personal data to establish their liability, as well as to transfer this data to the relevant public authorities.
11. The Service Provider has the right to immediately cease providing Services to the User or the Test User or to terminate the Agreement with the User, without the right to refund the unused Subscription amount, if:
– the User violates the provisions of the Agreement or the Regulations,
– the User uses the Service inconsistently with its intended purpose and specified parameters,
– the User acts to the detriment of other Users of the Service Provider or users of the Internet network.

VI. PAYMENT TERMS

The User shall pay for the Services provided by the Service Provider in accordance with the content of the Agreement, based on invoices issued by the Service Provider, and on the principles set forth in these Regulations.

The invoice for the Service is sent electronically via email, to which the User agrees. If the User has not indicated a different email address for invoice delivery, the address provided during Registration shall be the binding one.

The User is obliged to make payments by bank transfer to the bank account indicated by the Service Provider on the invoice within the due date specified on the invoice.

The Installation Fee specified in the Agreement shall be added to the first invoice issued to the User, unless the content of the Agreement stipulates otherwise.

The invoice payment term is 7 days. In specific cases, the payment term may be extended.

The day of payment of the invoice is considered to be the day the amount is credited to the Service Provider’s bank account.

In the event of the User not receiving the invoice for a given Billing Period, the User is obliged to immediately report this fact to the Service Provider. The consequences of failure to report shall burden the User.

The Subscription is calculated proportionally from the moment the Agreement is concluded until the end of the given commenced Billing Period.

The invoice is issued on a monthly, quarterly, or other cycle specified in the Agreement.

Payment for the Services is calculated in advance for the cycle to which it pertains. In special, agreed-upon cases, payment for the Services may be calculated in arrears.

Failure to pay the amount due to the Service Provider’s account, arising from an invoice issued to the User under the Agreement, exceeding the payment deadline indicated on the invoice by 14 days, may result in blocking the User’s access to the Administration Panel and suspending the provision of Services. Services shall be resumed on the day all outstanding amounts are credited to the Service Provider’s account.

Suspension of Services due to non-payment of the Subscription fee does not release the User from the obligation to pay the Subscription fee for the subsequent Billing Period resulting from the Agreement.

Failure to pay the amount due to the Service Provider’s account, arising from an invoice issued to the User under the Agreement, exceeding the payment deadline indicated on the invoice by 30 days, may result in the termination of the Service Agreement by the Service Provider with immediate effect, and the assessment of a fee in the case of:

1. Agreements for an indefinite period – 100% of the Subscription fee value for one Billing Period.
2. Agreements for a fixed period – 100% of the Subscription fee value for all remaining Billing Periods calculated proportionally until the end of the Agreement term.

The Service Provider has the right to charge statutory interest for late payment in commercial transactions on overdue payments.

If the User makes a payment, the Service Provider has the right to credit the current payment, firstly towards the User’s oldest outstanding obligation, and then towards the statutory interest for late payment in commercial transactions charged by the Service Provider.

If the User has not terminated the Agreement, but merely ceased using the Services for reasons not attributable to the Service Provider, the Service Provider has the right to continue charging Subscription fees in accordance with the period for which the Agreement was concluded.

The User’s right to demand a reduction in the amounts due under the Agreement for a service not performed in whole or in part due to the User’s actions is excluded.

The Service Provider has the right to refuse to conclude an Agreement with a User who has outstanding liabilities towards the Service Provider.

The settlement currency is the Polish złoty (PLN).

VII. SERVICE SUPPORT AND TECHNICAL BREAKS

The Customer Service Office provides support to Users primarily by:

1. accepting and handling inquiries regarding the offer and orders submitted by the User;
2. providing Users with information about the functionality of the Service;
3. accepting service reports, failures, and complaints.

As part of the Services provided, the Service Provider ensures Service Support to the User on Working Days between the hours of 9:00 AM – 5:00 PM via the Customer Service Office, through the possibility of:

1. contact by phone with the Customer Service Office at the number available on the website http://monit24.pl/kontakt,
2. contact via email: bok@monit24.pl,
3. contact via the “Chat” option available in the menu in the Administration Panel via the web.

The User is obliged to report Failures to the Service Provider immediately upon their detection.

The Service Provider shall register the Failure report, recording the time when it was notified or when it notified the User of the Failure.

The Service Provider undertakes to remove the Failure immediately, no later than within 5 Working Days from the day the Failure was detected or reported by the User. The Service Provider may extend the deadline for removing the Failure in justified cases, of which it shall inform the User. The Service Provider shall promptly notify the User of the removal of the Failure.

The Service Provider may, if necessary for installation or maintenance work (technical break), periodically suspend the Services to carry out such work. If such a suspension is longer than 30 minutes, the Service Provider shall notify the User of this fact. The Service Provider shall not be liable for the non-provision of the Service during correctly established technical breaks.

The Service Provider reserves the right to establish the shortest possible technical breaks in the operation of the Service related to system maintenance, servicing, and the implementation of new functionalities.

The Service Provider shall inform the User via email to the address indicated by the User in the Administration Panel or in another manner resulting from the Agreement, if a planned technical break is to last longer than 30 minutes.

VIII. LIMITATION OF SERVICE PROVIDER’S LIABILITY

The Service Provider shall not be liable for:

1. improperly or incorrectly configured Services by the User;
2. content and data collected and transmitted by the User, and does not perform any control over the User’s actions in this regard;
3. difficulties in email delivery resulting from the fault of external services;
4. configuration, updating, or modifications required in relation to any User equipment or software;
5. Failures in the Services caused by or resulting from Failures of the User’s equipment or software;
6. payments made by the User via the Internet, by credit card, or using other electronic media.

The Service Provider shall not be liable for any damages arising as a result of:

1. the specific operation of services using technologies characterized by time-varying parameters affecting quality, including those using the Internet network;
2. the lack of continuity in the provision of Services caused by the action or omission of third parties (including connectivity providers, electricity providers, hosting providers, and other contractors of the Service Provider);
3. non-performance or improper performance of the Service if it results from force majeure, understood as an event of an extraordinary nature, impossible to predict and prevent, and in particular: acts of nature, war, epidemic, acts of public authority, not resulting from the fault of the Service Provider, or other reasons beyond the Service Provider’s control, and in particular damages or failures caused by the User or third parties for which the Service Provider is not responsible;
4. incorrect use of the Service;
5. the use of access authorization information made available to the User by third parties;
6. the User’s violation of the provisions of the Regulations, the Agreement, and other legal provisions.

The Service Provider’s liability for non-performance or improper performance of the Agreement or the Regulations is limited to the benefits specified in the Agreement for the User.

The Service Provider’s liability towards the User may not exceed the amount of remuneration that the Service Provider received from the User under the Agreement.

Excluding situations where the damage was caused intentionally by the Service Provider, seeking compensation exceeding the value of the above benefits is excluded.

The Service Provider shall not be liable for indirect damages and lost profits incurred by the User or the User’s customers, in particular for loss of income or profits, loss of customers, loss of opportunity to develop business, or loss of expected savings.

IX. COMPLAINTS

A complaint by the User regarding the improper provision of the Service may be submitted to the Service Provider in writing or electronic form to the Service Provider’s registered office address, or by phone to the Customer Service Office on Working Days between the hours of 9:00 AM – 5:00 PM at the number available on the website https://monit24.pl/kontakt, or via email to: bok@monit24.pl around the clock.

The complaint should specify:

1. the User’s data enabling contact and their identification in the Monit24 System,
2. the subject matter of the complaint,
3. the circumstances justifying the complaint,
4. the requested resolution and, possibly, suggestions for how to remove the alleged irregularity.

If the complaint does not contain the elements specified in the above points, the User shall be called upon to supplement the deficiencies. A submission that does not meet the above requirements shall be ineffective until the day it is supplemented.

The Service Provider is obliged to respond to the complaint in writing or by electronic mail to the address indicated by the User, within 30 days from the date of its receipt, indicating whether it accepts the complaint and how it intends to resolve it, or informing about the lack of grounds for accepting the complaint, along with a justification for its position. The deadline referred to in the preceding sentence runs for the Service Provider from the day the complaint submission is properly supplemented.

In case of the need to supplement the complaint submission or to clarify additional circumstances related to services provided to the Service Provider by entities for which the Service Provider is not responsible, the Service Provider shall send the User information within 14 days regarding the need for the User to supplement the submission or clarify these circumstances.

Submitting a complaint does not suspend the User’s obligations resulting from the Regulations or the Agreement, including not exempting the User from the obligation to settle the invoice for the Billing Period in which the event justifying the complaint, according to the User, occurred, for Services not covered by the complaint.

If the complaint is accepted, the amount subject to refund will be paid to the User by transfer to the bank account indicated by the User in the complaint, or the amount will be credited against future payments – in accordance with the User’s request contained in the complaint.

In a situation where the Service Provider has any due and undisputed claims against the User, the Service Provider may offset these claims against the User’s claim against the Service Provider arising from the acceptance of the complaint as justified.

If the subject of the accepted complaint was an incorrect calculation of the amount due for the provision of the Service, this amount shall be credited against future payments. If a refund cannot be made in the manner described above, the appropriate amount will be transferred by the Service Provider to the bank account indicated by the User.

X. CONFIDENTIALITY AND PERSONAL DATA PROTECTION

1. Any information of a technical, technological, or commercial nature, including payment terms or information related to the organization of each party’s enterprise, obtained by the other party during negotiations and execution of the Agreement shall be treated as a trade secret within the meaning of the provisions on combating unfair competition, regardless of whether the party took the necessary steps to maintain its confidentiality, with the reservation that the parties are entitled to disclose information to the extent required by law, including at the request of authorized bodies. The above limitation is valid from the conclusion of the Agreement until one year after its expiry or termination.

The Service Provider processes personal data in accordance with applicable laws and regulations on personal data protection and makes every effort to ensure the security and protection of personal data during processing.

For the purpose of performing the Agreement, the User provides the Service Provider with their own personal data and/or the personal data of their employees and collaborators involved in the execution of the Agreement (“User Personnel”), and, depending on the specifics of the cooperation, enables access to the User’s IT systems for the purpose of performing the Service. Additionally, the Service Provider may process the User Personnel’s data for the purposes indicated in the Service Provider’s information clause available at the address referred to in section 10 below.

For the purpose of concluding and executing the Agreement, the User provides the Service Provider, at the Registration stage, with data of persons representing the User, including proxies or board members (collectively, the “User Representatives”), to enable contact with the User, verification of the User Representatives’ authorization, and for the purposes indicated in the Service Provider’s information clause referred to in section 3 above.

For the purpose of performing the Agreement, the Service Provider provides the User with the personal data of its employees, collaborators (collectively as “Service Provider Personnel”) and employees or collaborators of its contractors (“Personnel of Other Service Provider Contractors”) involved in the execution of the Agreement with the User, in order to enable maintaining current contact with the Service Provider during the performance of the Agreement.

For the purpose of concluding and executing the Agreement, the Service Provider provides the User with the personal data of persons representing the Service Provider, including proxies or board members (collectively, the “Service Provider Representatives”), to enable contact with the Service Provider and verification of the Service Provider Representatives’ authorization.

As a result of the disclosure of personal data of User Personnel members to the Service Provider under sections 3 and 4 above, the Service Provider becomes the data controller, while as a result of the disclosure of personal data of Service Provider Personnel members and Service Provider Representatives to the User under sections 5 and 6, the User to whom the data was disclosed becomes the data controller. Each controller independently decides on the purposes and means of processing the personal data disclosed to them, within the limits of applicable law, and bears responsibility for it.

The Parties confirm that the disclosure and receipt of the disclosed personal data referred to in this paragraph shall take place within the territory of the European Union.

Each Party undertakes to inform its personnel about the disclosure of their personal data to the other Party to the extent necessary to exempt the other Party (the recipient of personal data) from the information obligation referred to in Article 14 of the GDPR. Each Party bears the full risk arising from the incorrect transfer of information to the other Party that would allow the transferring party to be exempted from the information obligation referred to in Article 14 of the GDPR.

In fulfilling the obligation regarding the transmission of the content of the Service Provider’s information clause, the User should use the content of the clause available on the website: https://monit24.pl/obowiazek-informacyjny/

Contact regarding personal data protection matters on the Service Provider’s side is possible via the email address: biuro@monit24.pl or by phone at +48 500 170 232.

Information on methods of protecting security, privacy, and personal data is posted by the Service Provider on its website https://monit24.pl or in the Agreement.

Detailed information regarding the protection and processing of personal data is defined by the Service Provider’s privacy policy available on the Service Provider’s website https://monit24.pl/polityka-prywatnosci/ and the document https://monit24.pl/obowiazek-informacyjny/.

XI. CORRESPONDENCE

1. Unless the Regulations or the Agreement state otherwise, all notifications related to the execution of the Agreement shall be made in electronic form to the email address indicated by the User during Registration or in the Agreement, or via Polish postal service or courier. The recipient of the notification shall promptly confirm the fact of receiving correspondence sent electronically.
2. The Service Provider’s contact details shall be specified in the Agreement in each case.
   
   

XII. Author rights

The Service Provider provides the Service based on the Monit24 System, which is the property of the Service Provider.

All copyrights within the meaning of Copyright Law concerning the Software on which the Service is provided belong exclusively to the Service Provider.

Content that constitutes a work within the meaning of Copyright Law and is placed on the Service Provider’s website, including its logo, name, graphic design, photos, and texts, is subject to the copyright protection of the Service Provider or another authorized entity.

The Regulations define the licensing terms for all works created by the Service Provider for which a License is granted or which are made available.

The User may not use the works created by the Service Provider contrary to the Regulations.

The User is granted a paid (covered by the remuneration within the Subscription), non-exclusive license regarding the use of documents made available or sent electronically by the Service Provider, in particular periodic reports.

The License covers the right to modify, record, multiply by digital technique, input into the memory of an ICT device, computer, computer network, publicly share, and display within the area of the website placed at the URL address provided by the User.

The granted license is unlimited in time.

By placing any data, files, documents, or any other content in the Monit24 System, in particular content constituting a work within the meaning of Copyright Law, the User declares that they are authorized and have obtained all required consents and permits necessary to grant them to other Users to the extent necessary for using the Monit24 System.

XIII. FINAL PROVISIONS

The invalidity or unenforceability of any provision of the Regulations or the Agreement shall not affect the validity and effectiveness of the remaining provisions of the Regulations or the Agreement.

The Service Provider reserves the right to delete data collected in the System, cease operations, transfer rights to the Monit24 System, change the name, domain, and undertake all actions related to the Service permitted by law.

In the event of any disputes arising in connection with the performance of the Agreement, the parties undertake to resolve them amicably through mutual negotiations. Should an amicable resolution of the dispute prove impossible, the Service Provider or the User shall submit the dispute for resolution to the common court having local jurisdiction over the Service Provider’s registered office.

The law applicable to the performance and interpretation of the Regulations and the Agreement is Polish law.

The Service Provider consents to the translation of the Regulations or the Agreement into other languages, provided that the Polish version is binding for all cases of interpretation of the provisions of the Regulations or the Agreement arising in connection with the translations.

In matters not regulated by the Agreement or the Regulations, the applicable provisions of law, particularly the Civil Code, shall apply.

The Regulations are binding pursuant to Article 8 of the Act of July 18, 2002, on the provision of services by electronic means and Article 384 of the Civil Code.

These Regulations supersede all previous regulations binding upon the Service Provider.

The Service Provider reserves the right to amend the Regulations. These amendments are binding from the moment the new version of the Regulations is made available on the Service Provider’s website https://monit24.pl.

In the event of an amendment to the Regulations, the User has the right to object within 14 days from the moment the new version of the Regulations is made available. In the event of an objection, the Service Provider has the right to:

1. treat the objection as an offer for earlier termination of the Agreement and accept it with a refund of fees proportional to the unused services,
2. maintain the provision of the Service under the hitherto binding terms until the end of the current Billing Period.

The current Regulations are published on the Service Provider’s website https://monit24.pl and/or provided to the User free of charge along with the Agreement, as well as upon any written or electronic request from the User.

These Regulations shall be effective from 01.09.2025.