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Terms of Service

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  1. Definitions
  2. General Provisions
  3. Technical conditions
  4. Creation of a User Account
  5. Payments, Premium Services
  6. General rules for the use of NOTIONE
  7. Location Rules
  8. Cancellation of NOTIONE
  9. Privacy Policy
  10. Complaints about the provision of electronic services
  11. Liability of the Operator
  12. Changes to the Terms and Conditions
  13. Final Provisions
  1. Definitions
    1. The terms and phrases used in these Terms and Conditions shall have the following meanings:
      1. Regulations - terms and conditions for use of the NOTIONE service made available in the public domain on the Internet at the Operator's website at www.notione.com and applicable to all NOTIONE Users;
      2. Operator - company under the name Notinote Sp. z o.o. with its registered office in Poznań (61-728) at ul. 3 Maja 49c/6 , entered in the Register of Entrepreneurs of the National Court Register on the basis of an entry made by the District Court Poznań - Nowe Miasto and Wilda in Poznań VIII Economic Department of the National Court Register, under KRS number: 0000606146, having NIP number: 7811924500, REGON number: 36389113000000, with a share capital of 50.000.00 PLN;
      3. The NOTIONE Service - a service that enables the location of a NOTIONE Device by means of the Application or the Service;
      4. The NOTIONE Device - a device (a movable object) whose location data is made available in the Application/Service at the request of the User;
      5. Application - NOTIONE mobile application, designed for mobile devices with iOS and Android operating systems, allowing to locate a NOTIONE Device using Bluetooth 4 Low Energy technology and other mobile devices with installed Application cooperating with NOTIONE Service;
      6. Service - website available at www.notione.com, which allows sharing location data of a NOTIONE device;
      7. User - an entity that has entered into an agreement for the provision of electronic services with the Operator, whereby in the case of a natural person it is understood as a person of full legal capacity or having the consent of the statutory representative, The User may also be a legal person or another organizational unit without legal personality, to which separate regulations grant legal capacity;
      8. User Account - a personalized account of a person using the NOTIONE Service created as a result of registration through the Application or the Website, enabling the use of the NOTIONE Service;
      9. Hardware - a desktop computer, laptop computer, tablet, smartphone or other mobile device used by the User to use the NOTIONE Service;
      10. Basic Services - free services available within NOTIONE, a list of which is provided on the NOTINOTE website at www.notione.com;
      11. Premium Services - additional paid services available within NOTIONE, the list of which is posted on the NOTINOTE website at www.notione.com;
      12. Consumer - a natural person making a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity, as defined in Art. 221 of the Civil Code;
      13. Force majeure - an external event that could not be prevented or foreseen by the Operator, which directly or indirectly led to the malfunction of the NOTIONE service. Force majeure shall be understood as an event that meets the prerequisites indicated in the first sentence, such as:
        - flood, earthquake, lightning, hurricane, tornado, volcanic eruption or other similar atmospheric phenomena,
        - power outage by the electricity supplier, for reasons beyond the Operator's influence,
        - malfunction of the Equipment or Internet browser.
        The provisions of force majeure shall also apply in the case of an action that is an act of state authority (in particular, an international agreement, law, regulation, order, resolution of an authorized authority/administration), by virtue of which the NOTIONE service at a certain time can not function properly.
    2. The rights and obligations established in these Terms and Conditions relating to the Operator shall also apply to any persons employed by or working with the Operator on any factual or legal basis, who are authorized and delegated to exercise control and supervision over the installation, operation and proper functioning of the NOTIONE service.
  2. General Provisions
    1. The Regulations set forth the rights and obligations of Users and the rules of use of the NOTIONE service, including the provision of electronic services by the Operator.
    2. In order to use the services provided by the Operator, it is necessary to read the Regulations and accept all their provisions.
    3. The NOTIONE service is available through the NOTIONE Mobile Application and the Service in the form of a website at www.notione.com.
    4. The Application can be downloaded through the online store:
      1. App Store (for iOS),
      2. Google Play (for Android).
  3. Technical conditions
    1. The hardware on which the Application is to be run must meet the following technical requirements:
      1. operating system for the version of the application downloaded from the App Store - iOS version minimum 9.0,
      2. operating system for the version of the application downloaded from Google Play - Android version minimum 4.3,
      3. properly working and cooperating with the operating system Bluetooth 4.0 module.
    2. In order to launch and properly operate the Application, it is necessary to activate the following functions of the Equipment:
      1. internet connection,
      2. GPS service,
      3. Bluetooth service.
    3. Using the NOTIONE service via the Service requires the User to use software in the form of a current version of a web browser with cookies and JavaScript support.
    4. The hardware on which the NOTIONE service available through the Website is to be run must meet the following technical requirements:
      1. Windows operating system - at least 7,
      2. Google Chrome web browser - at least 48,
    5. The costs of data transmission required for downloading, installing, launching and using the Application shall be covered by the User on his/her own under a separate agreement concluded with a mobile network operator or Internet provider. The Operator shall not be responsible for the amount of fees charged for the use of data transmission to the extent required to download, install, launch and use the Application.
  4. Creation of a User Account
    1. When the Application or the Service is launched for the first time, the User must register with NOTIONE, thereby establishing a User Account by providing his/her e-mail address and establishing an individual login (being the User's e-mail address) and password for the Account. The Operator also allows you to register an Account using your Facebook and Google+ account.
    2. As a result of proper registration, the Operator creates an Account for the User.
    3. The User must not use other people's Accounts or provide access to his Account to unauthorized persons. In order to secure access to the Account, the User shall establish an access password at registration. The Operator shall not be liable for activities performed by unauthorized persons, and falling within the scope of management of the User Account
    4. Registration of a User who is a legal person or an organizational unit without legal personality, to which separate regulations grant legal capacity, and submission on behalf and for his behalf of any declarations of will and knowledge in electronic form within the User Account may be made only by a natural person duly authorized to do so.
  5. Payments, Premium Services
    1. Downloading the Mobile Application is free.
    2. Using the Basic Application Services is free.
    3. Premium Services are subject to a fixed, one-time subscription fee in accordance with the Operator's Premium Services Price List, available in the Application and on the website at: www.notione.com.
    4. Purchase of Premium Services is possible only through NOTINOTE-authorized sources.
    5. Payments for Premium Services will be made by online transfer directly through a bank or through payment intermediation services with which NOTINOTE cooperates.
    6. The Operator reserves the right to change the functionality of Premium Services. In the event of a change in functionality, the Operator shall inform the User of the planned change within 7 days prior to the change.
  6. General rules for the use of NOTIONE
    1. With the acceptance of the Terms and Conditions between the Operator and the User comes to the conclusion of the Agreement for the provision of electronic services, under the conditions specified in the Terms and Conditions. The Agreement for the provision of electronic services is concluded for an indefinite period of time.
    2. Within 14 (fourteen) days from the conclusion of the Agreement for the provision of electronic services referred to in the preceding paragraph, the User who is a Consumer may withdraw from it without giving reasons by making an appropriate statement. The rules of withdrawal from the Agreement for the provision of electronic services, including the model form that the User may use, are set forth in Appendix No. 1 to the Regulations. In the case of withdrawal from the Agreement for the provision of electronic services, the User loses the right to use the User Account.
    3. Users are obliged to use the Application in a manner consistent with the applicable law, the Regulations and the regulations of the stores from which the Application was downloaded, as well as with the rules of social coexistence, including the general rules of use of the Internet and mobile applications.
    4. Users are obligated in particular to:
      1. use the Application in a manner that does not interfere with its proper functioning,
      2. use the Application in compliance with the law,
      3. use the Application in a manner that does not interfere with its proper functioning.to use the Application in a manner that is not disruptive to other users and the Operator, while respecting the personal rights of third parties (including the right to privacy) and any other rights they may have,
      4. use any information and materials made available through the Application only to the extent of permitted use.
    5. Each User is obliged to immediately notify the Operator of any violation of their rights in connection with the use of NOTIONE.
    6. The User is obliged to update any data posted on his/her User Account each time it changes. The functions for updating the User's data are available after logging into the Account.
    7. Operator reserves the right to update the NOTIONE service. In a situation where updating NOTIONE will be associated with additional payments for the use of the service, making the update requires the User's consent.
  7. Location Rules
    1. The location data of the NOTIONE Device is disclosed:
      1. at the request of the User expressed through the Service;
      2. at the request of the User expressed through the Application;
    2. The Operator will make every effort to make the location data of the NOTIONE Device as accurate as possible, no less it should be borne in mind that the accuracy of the location of the NOTIONE Device depends on many external factors beyond the influence of NOTINOTE, including, among others.Among others, it depends on the correctness of: data transmitted from mobile devices with an installed application cooperating with the NOTIONE service, which are beyond the control of the Operator.
    3. The location data of the NOTIONE Device is made available only at the request of the User expressed through the Application or the Website, and is not available to other entities using the Application or the Website. The Operator allows the possibility of sharing this data by the User at his/her explicit request with another User with his/her consent.
    4. In the future, functionality will also be introduced to enable the location of mobile devices under the terms and conditions specified for the location of the NOTIONE Device.
    5. Operator allows locating mobile devices using mobile applications authorized by NOTINOTE under the terms and conditions specified for locating NOTIONE Device.
  8. Cancellation of NOTIONE
    1. User may cancel NOTIONE service at any time without having to provide a reason. The termination of the service, in the case of the Application, is made by deleting the Application from the Hardware. However, in the case of using the service via the Website, the cancellation requires deletion of the User's Account.
    2. If the User resigning from the Service used Premium Services, the fee paid for the use of Premium Services is not refundable for the paid period.
    3. When the User's actions violate the provisions of the Terms of Service, the Operator, depending on the type, scale and circumstances of the violation, may:
      1. admonish the User by means of a message sent via the Application or the Service,
      2. give the User a warning by means of a message sent via the Application or the Service,
      3. give the User a warning by means of a message sent via the Application or the Service.li>restrict for a limited or indefinite period of time the functionality of a User's Account with respect to access to particular services provided under NOTIONE,
      4. suspend for a limited or indefinite period of time one, several or all Accounts of that User.
  9. Privacy Policy
    1. Operator processes User's personal data on the basis of applicable laws and the Privacy Policy constituting Appendix No. 2 to the Regulations.
    2. The User has the right to request the completion, updating, rectification of personal data, temporary or permanent suspension of its processing or its deletion if it is incomplete, outdated, untrue or has been collected in violation of the provisions of the Personal Data Protection Act of August 29, 1997 (i.e. Journal of Laws of 2015, item 2135, as amended) or is no longer necessary for the purpose for which it was collected.
  10. Complaints about the provision of electronic services
    1. Complaints related to the provision of electronic services by the Operator may be submitted:
      1. in writing to the Operator's address,
      2. in electronic form via e-mail to: office@notnote.me.
    2. Complaints should include:
      1. the User's login,
      2. the name and model of the User's Equipment,
      3. the version of the operating system installed on the Equipment on the date of the irregularity in the use of NOTIONE,
      4. description of the subject of the complaint, in particular the type, circumstances and dates of the irregularity,
      5. contact details of the complainant.
    3. The operator shall consider the complaint immediately, but no later than within 14 (fourteen) days from the date of its submission. A response to the complaint will be sent via the same means of communication used to submit the complaint.
    4. The use of out-of-court means of processing complaints and claims is voluntary.
    5. Detailed information on the possibility of using out-of-court ways of handling complaints and pursuing claims by the User who is a Consumer, as well as the rules of access to these procedures are available at the headquarters and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
      1. http://www.uokik.gov.pl/spory_konsumenckie.php,
      2. http://www.uokik.gov.pl/sprawy_indywidualne.php and
      3. http://www.uokik.gov.pl/wazne_adresy.php.
    6. The User, who is a Consumer, may obtain free assistance in resolving a dispute between the User and NOTIONE, also using free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (among others.Among others, the Federation of Consumers, the Association of Polish Consumers).
  11. Liability of the Operator
    1. Using NOTIONE both through the Application and the Website is voluntary.
    2. The Operator carries out ongoing supervision of the technical functioning of NOTIONE both through the Application and the Service, ensuring its correct operation. The Operator also makes every effort to enable the constant availability of all functions of the Application or the Service and their flawless operation.
    3. The Operator is not responsible for limitations or technical problems in the operating systems on which the Users' Equipment operates and which enable them to use the Application or the Service.
    4. Operator is also not responsible for malfunctions of the NOTIONE service resulting from:
      1. outdated software installed in the Equipment;
      2. outdated version of the Application or mobile application working with NOTIONE;
      3. outdated web browser installed in the Equipment;
      4. bugs in the mobile device manufacturer's software.
    5. Operator shall not be liable for damages caused by Force Majeure.
    6. Operator shall not be liable for inaccuracy in the operation of the NOTIONE service resulting from technical circumstances referred to in § 7 para. 4 of the Regulations, including, in particular, for the ineffectiveness of locating Persons/Located Items as a consequence of these circumstances.
    7. Operator shall be liable for actual damage caused by its sole intentional fault.
  12. Changes to the Terms and Conditions
    1. Operator has the right to make changes to these Terms and Conditions at any time, without the need to obtain the consent of the User, of which it is obliged to inform the User by posting a message in the NOTIONE service informing of the changes made.
    2. Amendments to the Terms and Conditions made by the Operator shall be effective from the moment the amendments are posted on the Website and Application.
    3. Amendments shall be deemed accepted by the User upon the User's first use of the Application or the Website from the moment the Terms and Conditions are posted on the Application or the Website.
  13. Final Provisions
    1. Any trademarks, logos or author's designations posted on the Application or the Service are the property of the Operator or are used by the Operator pursuant to consents and licenses obtained.
    2. Any reproduction, transmission, decompilation or attempts to discover the source code of the Application without the written consent of the Operator under pain of nullity is prohibited.
    3. The Operator shall have the right to transfer the rights and obligations arising from these Terms and Conditions and the electronic service agreements concluded with the Users to any entity without the prior consent of the User.
    4. The Operator reserves the right to withdraw the NOTIONE service at any time without having to provide a reason.
    5. In Matters not covered by these Regulations shall be governed by the provisions of universally applicable Polish law.
    6. Any disputes arising from the application of these Regulations and use of NOTIONE service shall be resolved amicably. If it is not possible to resolve the dispute amicably, the case shall be entrusted to the court of local and material jurisdiction for the registered office of NOTINOTE.
    7. The present Regulations are effective as of 25.10.2016.

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