Terms of Service
§ 1. Definitions
- The terms and concepts used in this Terms of Service agreement have the following definitions:
- ToS – these terms of using the NOTIONE service made available in the public domain on the Internet on the Operator's website at www.notione.com and applicable to all NOTIONE Users;
- Operator – company under the business name Notinote Sp. z o. o. with its headquarters in Poznań, Poland (61-728) at ul. 3 Maja 49c/6, entered into the Register of Entrepreneurs of the National Court Register on the basis of an entry made by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, KRS number: 0000606146, Tax Identification Number (NIP): 7811924500, National Business Registry Number (REGON): 36389113000000 with share capital in the amount of PLN 50,000.00;
- NOTIONE Service – a service that enables locating a NOTIONE Device using an Application or Website;
- NOTIONE Device – a device (movable item) whose location data are made available in the Application/Website at the User's request;
- Application – the NOTIONE mobile application, designed for mobile devices with the iOS and Android operating systems, that enables locating a NOTIONE Device using Bluetooth 4 Low Energy technology and other mobile devices with the Application installed, cooperating with the NOTIONE Service;
- Website – the website available at www.notione.com that enables sharing of NOTIONE device location data;
- User – an entity that has concluded an agreement for the provision of electronic services with the Operator, whereby a natural person is understood as an adult having full legal capacity or a person having the consent of the legal representative, a User may also be a legal person or other organizational unit without legal personality, who has been granted legal capacity by separate regulations;
- User Account – a personalized account of a person using the NOTIONE Service created as a result of registration made via the Application or Website, enabling the use of the NOTIONE service;
- Equipment – a desktop computer, portable computer, tablet, smartphone or other mobile device used by the User for the NOTIONE service;
- Basic Services – free services available under NOTIONE, the list of which has been published on the NOTINOTE website at www.notione.com;
- Premium Services – additional payable services available under NOTIONE, the list of which has been published on the NOTINOTE website at www.notione.com;
- Consumer – a natural person performing a legal act with the entrepreneur, not directly related to their business or professional activity;
- Force Majeure – an external event which the Operator could not prevent or which the Operator could not foresee, which directly or indirectly led to the malfunctioning of the NOTIONE service. Force Majeure is understood as an event meeting the conditions specified in the first sentence, such as:
- flood, earthquake, lightning, hurricane, tornadoes, volcanic eruption or other similar atmospheric phenomena,
- cutting off the power supply by the electricity supplier for reasons beyond the Operator's control,
- malfunction of the Equipment or web browser.
The Force Majeure provisions also apply in the event of a governmental act (in particular an international agreement, act, regulation, ordinance, resolution of an authorized authority/administration), under which the NOTIONE service cannot function properly at a given time.
- The rights and obligations set out in these ToS, referring to the Operator, also apply to any persons employed by the Operator or cooperating with him on any actual or legal basis who have been authorized and delegated to exercise control and supervision over the installation, operation and proper functioning of the NOTIONE service.
§ 2. General provisions
- The ToS define the rights and obligations of Users and the rules for using the NOTIONE service, including the provision of electronic services by the Operator.
- To use the services provided by the Operator, it is necessary to read the ToS and accept all of its provisions.
- The NOTIONE service is available via the NOTIONE mobile Application and the Website at www.notione.com.
- The Application can be downloaded via the online store:
- App Store (for iOS),
- Google Play (for Android).
§ 3. Technical conditions
- The Equipment on which the Application is to be run, must meet the following technical requirements:
- operating system for the version of the application downloaded from the App Store - iOS version minimum 9.0,
- operating system for the version of the application downloaded from the Google Play - iOS version minimum 4.3,
- Bluetooth 4.0 module working properly and cooperating with the operating system.
- To run and properly operate the Application, it is necessary to activate the following Equipment functions:
- Internet connection,
- GPS service,
- Bluetooth service.
- The Equipment on which the NOTIONE service available via the website is to be run, must meet the following technical requirements:
- Windows operating system – at least 7,
- Google Chrome web browser – at least 48,
- The costs of data transmission required for downloading, installing, running and using the Application shall be borne by the User on the basis of a separate agreement concluded with the mobile operator or Internet provider. The Operator is not responsible for the amount of fees charged for the use of data transmission to the extent necessary to download, install, run and use the Application.
§ 4. Creating a User Account
- When starting the Application or Website for the first time, the User must register in the NOTIONE service, thereby creating a User Account by providing his/her e-mail address and establishing an individual login (which is the User's e-mail address) and password for the Account. The Operator also allows to register an Account using your Facebook and Google+ account.
- As a result of correct registration, the Operator creates an Account for the User.
- The User may not use someone else's Account or make his/her Account available to unauthorized persons. In order to secure access to the Account, the User sets an access password during registration. The Operator is not responsible for activities carried out by unauthorized persons, falling within the scope of managing the User's Account.
- Registration of a User being a legal person or an organizational unit without legal personality, who has been granted legal capacity by separate regulations, and submitting on its behalf any statements of will and knowledge in electronic form under the User Account can only be made by a duly authorized natural person.
§ 5. Payments, Premium Services
- Downloading the mobile Application is free.
- Using Basic Services of the Application is free.
- 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.
- The purchase of Premium Services is possible only through sources authorized by NOTINOTE.
- Payments for Premium Services shall be made via an online transfer directly through the bank or via online payment services that NOTINOTE cooperates with.
- The Operator reserves the right to change the functionality of Premium Services. In the event of a change in the functionality, the Operator will inform the User about the planned change within 7 days before making the change.
§ 6. General rules for using NOTIONE
- Upon the acceptance of the Terms of Service, an Agreement for the provision of electronic services is concluded between the Operator and the User, under the conditions set out in the Terms of Service. The Agreement for the provision of electronic services is concluded for an indefinite period.
- 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 submitting an appropriate statement. The rules for withdrawing from the Agreement for the provision of electronic services, including a sample form that the User may use, are set out in Appendix no. 1 to the Terms of Service. In the event of withdrawal from the Agreement for the provision of electronic services, the User loses the right to use the User Account.
- Users are obliged to use the Application in a manner consistent with applicable law, Terms of Service, terms and conditions of the stores from which the Application was downloaded, as well as the principles of social coexistence, including general principles of using the Internet and mobile applications.
- Users are required in particular to:
- use the Application in a way that does not interfere with its proper functioning,
- use the Application in accordance with the law,
- use the Application in a way that is not inconvenient for other users and the Operator, respecting the personal rights of third parties (including the right to privacy) and their all other rights,
- use all information and materials made available through the Application only to the extent of permitted use.
- Each User is obliged to immediately notify the Operator of any case of violation of their rights in connection with the use of NOTIONE.
- The User is obliged to update all data on his/her User Account whenever they change. User data update functions are available after logging into the Account.
- The operator reserves the right to update the NOTIONE service. In a situation where the NOTIONE update is associated with additional payments for the use of the service, the update shall require the User's consent.
§ 7. Location rules
- Location information of the NOTIONE Device is disclosed:
- at the User's request expressed via the Website;
- at the User's request expressed via the Application;
- The Operator shall make every effort to ensure that the location data of the NOTIONE Device is as accurate as possible, but it should be borne in mind that the accuracy of the location of the NOTIONE Device depends on many external factors that are beyond the influence of NOTINOTE, including on the correctness of: data sent from mobile devices with the installed application working with the NOTIONE service, which remain beyond the Operator's control.
- Data on the location of the NOTIONE Device are made available only at the User's request expressed via the Application or Website, they are not available to other entities using the Application or Website. The Operator allows the possibility of disclosing the data by the User at his/her explicit request to another User with his/her consent.
- In the future, a functionality will be introduced that allows locating mobile devices on the principles set out for locating NOTIONE Devices.
- The operator allows locating mobile devices using mobile applications authorized by NOTINOTE under the rules specified for locating NOTIONE Devices.
§ 8. Termination of using NOTIONE
- The user may at any time terminate using the NOTIONE service without providing a reason. The termination of using the service, in the case of the Application, is done by removing the Application from the Equipment. However, in the case of using the service via the Website, deleting the User Account is necessary for termination.
- If the User who terminates using the Service used Premium Services, the fee paid for the use of Premium Services is not refundable for the period paid.
- In the event that the User's actions violate the provisions of the ToS, the Operator, depending on the type, scope and circumstances of the violation, may:
- admonish the User by means of a message sent via the Application or Website,
- give the User a warning by means of a message sent via the Application or Website,
- limit the functionality of the User's Account for a specified or unspecified period of time with respect to access to particular services provided within NOTIONE,
- suspend one, several or all Accounts of such a User for a definite or indefinite period.
- The User has the right to request supplementing, updating, correction of personal data, temporary or permanent cessation of their processing or their removal, if incomplete, outdated, false or collected with violation of the applicable act on personal data protection or if they are no longer necessary for implementation of the purpose for which they have been collected
§ 10. Complaints about the provision of electronic services
- Complaints related to the provision of electronic services by the Operator may be submitted:
- in writing to the Operator's address,
- in electronic form via e-mail to the following address: firstname.lastname@example.org.
- The complaint should include:
- User's login
- name and model of the User's Equipment,
- version of the operating system installed on the Equipment on the day of the irregularity in the use of NOTIONE,
- description of the subject of the complaint, in particular the type, circumstances and dates of the irregularity,
- contact details of the complainant.
- The Operator considers the complaint immediately, but not later than within 14 (fourteen) days from the date of its submission. The response to the complaint will be sent via the same means of communication as the complaint was made.
§ 11. Operator's responsibility
- Using NOTIONE both via the Application and Website is voluntary.
- The Operator conducts ongoing supervision over the technical functioning of NOTIONE both through the Application and Website, ensuring its correct operation. The Operator also makes every effort to enable constant availability of all Application or Website functions and their fault-free operation.
- The Operator shall not be responsible for limitations or technical problems in operating systems based on which Users' Equipment operates and which enable them to use the Application or Website.
- The operator shall also not be responsible for the malfunctioning of the NOTIONE service resulting from:
- outdated software installed on the Equipment;
- an outdated version of the Application or mobile application cooperating with NOTIONE;
- outdated web browser installed on the Equipment;
- errors in the mobile device manufacturer's software.
- The Operator shall not be responsible for damages caused by Force Majeure.
- The Operator shall not be responsible for the lack of accuracy in the operation of the NOTIONE service resulting from the technical circumstances referred to in § 7 paragraph 4 of these ToS, including in particular the ineffective location of Localized Persons/Items being a consequence of these circumstances.
- The Operator shall be liable for actual damage caused by its sole intentional fault.
§ 12. Changes in the Conditions of Use
- The Operator has the right to amend these ToS at any time, without the need to obtain the User's consent, with the obligation to inform the User by posting a message in the NOTIONE service informing about the changes made.
- Changes to ToS made by the Operator shall be effective from the moment they are posted on the Website and Application.
- The changes shall be deemed accepted by the User when he or she uses the Application or Website from the moment the ToS are posted on the Application or Website.
§ 13. Final provisions
- All trademarks, logos or proprietary markings placed in the Application or on the Website are the property of the Operator or are used by the Operator on the basis of obtained consents and licenses.
- Any duplication, transfer, decompilation or attempts to discover the source code of the Application without written consent (under pain of nullity) of the Operator is prohibited.
- The Operator has the right to transfer the rights and obligations arising from these Terms of Service and the contracts for the provision of electronic services concluded with Users to any entity without the User's prior consent.
- The Operator reserves the right to withdraw the NOTIONE service at any time without giving a reason.
- To any matters not settled herein, the provisions of generally applicable Polish law shall apply.
- All disputes arising from the application of these ToS and the use of the NOTIONE service will be resolved amicably. If it is not possible to resolve the dispute amicably, the case shall be submitted to the court having local and material jurisdiction over the NOTINOTE registered office.
- These Terms of Service shall be in force as of 25 October 2016.