Terms of Service

I. Glossary

User’s Account – a part of the Service under which the User may use the functionalities provided by the Service Provider specified in the Terms of Service.

Client – natural person conducting business and/or professional activity, legal person and/or an organizational entity without legal personality, on behalf of which and/or at request of which the User uses the Service in connection with the activity conducted by the Client.

Terms of Service – these terms and conditions for the provision of electronic services issued on the basis of art. 8 sec. 1 point 1 of the Polish Act of 18 July 2002 on the provision of electronic services.

Registration – an activity consisting in setting up a User Account, necessary for using the Service.

Service – all functionalities made available by the Service Provider via the www.Neula.cloud website; allowing access to the demo version of the Neula System.

Neula System– BPMS class solution (Business Process Management System) produced by JT Weston sp. z o.o. with its registered seat in Warsaw, address: Al. Jana Pawła II 29, 00-867 Warsaw, KRS No. 0000470000.

Service Provider – JT Weston Sp. z o.o. with its registered seat in Warsaw, address: Al. Jana Pawła II 29, 00-867 Warsaw, KRS No. 0000470000.

User – a natural person using the Service in connection with running a business or professional activity or acting on behalf of and/or at the request of the Client.

II. General provisions

1. These Terms of Service define the rules of operation and the terms of use of the Service by Clients.
2. The Service enables Users and Clients on behalf of which they act, free, temporary access to the demo version of the Neula System.
3. The Service is intended only for persons performing activities related to conducting a business activity or professional activity, as well as for representatives of Clients, which intend to test the functionality of the Neula System.
4. The Service Provider stipulates that the Service is not intended for consumers within the meaning of the Polish Civil Code, i.e. natural persons making a legal transaction with an entrepreneur not directly related to its business or professional activity. Consumers may access the Service on a separate basis only after obtaining the prior consent of the Service Provider.
5. Prior Registration is required in order to use the Service.
6. Free access to the Service is limited in time and lasts for 14 days from the date of activation of the User Account.
7. The Service Provider is the controller of Users’ personal data processed in connection with registration and use of the Service. Information regarding the processing of Users’ personal data are available in the Privacy Policy at [link]. The privacy policy covers also information on the cookie files used by the Service Providers.
8. Unless the provisions of the Terms of Service state otherwise, exclusive rights to content posted on the Service’s website, in particular copyrights, markings and trademarks, software, data base rights and other intellectual property rights are vested in their owners, in particular Service Provider or entities, with which the Service Provider has concluded appropriate agreements.
9. Users and Clients can, at any time, access the Terms of Service via the website available at https://Neula.cloud/#/register and print it out.

III. Technical conditions

1. Access to the Service is possible via a web application (via the website available at www.Neula.cloud) or a mobile application available at www.Neula.cloud.
2. In the case of using the Service via the mobile application, not all functionalities or content of the Service are available in the same way as in the case of access to the Service via a web-based application.
3. Using the Service via a web-based application is possible provided that the IT system used by the User meets at least the following minimum technical requirements:
   1. Internet Explorer version 11 or higher with JavaScript enabled;
   2. Mozilla Firefox version 56 or higher with JavaScript enabled;
   3. Opera version 50 or higher with JavaScript enabled;
   4. Google Chrome version 63 or higher with JavaScript enabled.
4. Using the Website via a mobile application is possible as long as the mobile device is equipped with the iOS operating system (minimum version 9.0) or Android (version minimum 6.0) and the current web browser.
5. The Service Provider is not responsible for technical issues or limitations, including the speed of data transmission of computer hardware, terminal equipment and the telecommunications system and infrastructure used by the User, which prevent or hinder the use of the Service.
6. The Service Provider will make every effort to ensure uninterrupted access to the Service, however it reserves the right to suspend or terminate the provision of particular Service functionalities due to the need to maintain, review or extend the technical database, make backup copies or upload improvements to the Service. To the maximum extent allowed under the law, the Service Provider is not liable for any damages resulting from suspension and/or termination of particular functionalities of the Services, due to the need to maintain, review or extend the technical database, make backup copies or upload improvements to the Service.
7. The Service Provider reserves the right to modify the technical method of Service implementation, at any time and in any form, adequately to technical capabilities, without impairing their quality, and without affecting the scope of rights and obligations of the parties.

IV. Terms and conditions of using the Service

1. The Service Provider undertakes to provide services in the scope and on the terms specified in the Terms of Service.
2. An agreement for the provision of electronic services shall be concluded upon the effective completion and acceptance by the User of the registration form by way of clicking “Accept” button in the activation mail sent to the User and after setting a password to the User’s Account by the User. The agreement is concluded between the Service Provider and the Client, business name of which is indicated during the Registration process. By completing the registration, Use represents that it is authorized to conclude the agreement on behalf of the Client.
3. The contract is concluded for a fixed period of time enabling the use of the free version of the Neula System as part of the Service, i.e. for 14 days from the date of activation of the User Account.
4. Using the Neula System after the period specified in paragraph 19 above is payable, and takes place on the basis of a separate agreement concluded between the parties.
5. Registration takes place by completing and sending the registration form. In order to register, it is necessary to provide: name and surname, Client name, User’s e-mail address, and make a statement about reading and accepting the content of the Terms of Service.
6. After sending the registration form, the Service Provider sends to the e-mail address indicated in its content a link enabling activation of the User Account.
7. Using the Service requires, each time, prior logging to the User Account.
8. The Service enables Users to test the functionality of the Neula System, in particular: mapping, optimization and automation of business processes and reporting data from these processes.
9. Through the Service, the Service Provider provides Users with limited in time access in order to test the functionality of the Neula System.
10. The User and the Client is obliged to refrain from and are not authorized to provide, record, copy, process or transmit via the Service in the demo format any data of economic significance, covered by confidentiality or special protection, in particular personal data and data constituting the trade secret. The Service Provider stipulates that it will treat any and all data and information recorded in the Service in the demo format as data which do not constitute data of economic significance, covered by confidentiality or special protection, in particular as data which do not constitute personal data.
11. The User and the Client is obliged, in particular:
    1. to use the Service in a way that does not interfere with its operational usage, including through the use of specific software or devices;
    2. to refrain from taking actions such as sending or posting unsolicited commercial information on the Service;
    3. not to take steps to obtain information not intended for the User;
    4. to use the Service in accordance with the law and the Terms of Service, including not providing and not forwarding content prohibited by the provisions of the Terms of Service (in particular personal data and data constituting the trade secret) as well as by the provisions of applicable law;
    5. to use the Service in a manner that is not inconvenient for other entities, including the Service Provider, respecting their personal rights (including the right to privacy) and all their rights;
    6. to use the data posted on the Service only within legal use, in particular through observing and testing the functioning of the Neula System in order to learn about its idea and principles; the use of data belonging to the Service Provider or third parties in any other scope is allowed only on the basis of express consent of the Service Provider or their owner;
    7. not to provide and not transfer within the System content, works, products, information, data bases, data, to which the User and/or the Client de not hold appropriate rights to use;
    8. to use the Service only for the purpose of testing the functionalities of the Neula System.
12. The Client is solely liable for all the actions of the Users related to the Service and/or performed with use of the Service.
13. The User is not entitled to allow other individuals to use the Service through use of User’s account and is obliged to keep confidential the data necessary to log into its User’s Account. The Client is liable for actions or omissions of another entity enabled to use the Service via User Account as for its own actions and omissions.
14. The Service Provider is not responsible for the consequences and/or damages (direct and/or indirect) connected with using the Service by the User in a manner contrary to the applicable law, Terms of Service or principles of social coexistence or customs adopted in this regard.
15. The Service Provider provides Neula System and Service “as is”, without any warranty, expressed or implied.
16. The Service Provider is not liable for any direct and/or indirect damages (including for loss of data by Users and/or Clients) resulting from:
    1. force majeure, i.e. extraordinary external events, which could not have been foreseen and prevented, in particular: wars, natural disasters, strikes, breakdowns, DDoS attacks and/or other disruptions in the operations of telecommunication networks and/or tele-informatic infrastructure, as well as extraordinary governmental and/or public actions as well as actions of entities which have influence on the operations of the System and the Service, operations of which are beyond the control of the Service Provider,
    2. acts of third parties, in particular, in connection with the use of the User’s Account by persons other than the User, which use User’s Account logging information,
    3. faulty operations of external factors as well as other systems (e.g. telecommunications systems) which are independent from the Service Provider,
    4. providing erroneous and/or untrue data during Registration,
    5. the loss of files and/or data stored on the servers and/or other assets of the Service Provider.
17. The Service Provider may deprive the User and the Client of the possibility to use the Service with immediate effect (and to the maximum extent allowed by the law, the Service Provider is not liable for any indirect and/or direct damages resulting from such a deprivation) in case of:
    1. transmission or providing by the User and/or the Client misleading data or data infringing the rights of third parties,
    2. the User’s and/or the Client’s breach of the Service Provider’s personal rights,
    3. taking actions by the User and/or by the Client contrary to the Terms of Service, applicable laws or rules of social coexistence.

V. Complaints

1. The Service Provider undertakes actions to ensure proper operation of the Service, to the extent that results from the current technical knowledge and makes efforts to immediately remove the defects or interruptions in the Service functioning notified by Users.
2. The User may notify the Service Provider of any defects or interruptions in the functioning of the Service at the address of the Service Provider or via e-mail at the following address: support@neula.pl
3. In the complaint, the User and/or the Client should provide: his name and surname, correspondence address, type and date of occurrence of the reasons for the complaint.
4. The Service Provider will respond to the complaint within 30 days of its receipt.

VI. Other rights and obligations

1. The contract for the provision of electronic services is concluded for a definite period of time, i.e. for a period of 14 days from the date of activation of the User Account.
2. After the expiry of the Agreement, the Service Provider immediately and irreversibly deletes the User’s Account.
3. Deleting a User Account is tantamount to removing by the Service Provider all data provided or transmitted by the User via the User’s Account, except for the data concerning the User and the name of the Client.
4. After the termination of the contract, the User and the Client are not entitled to repeat the Registration and to use the Service for the second time.
5. The Service Provider reserves the right to verify if the User and/or the Client has previously registered, among others by introducing a validating mechanism.
6. During the term of the contract for the provision of electronic services, the Client may terminate the contract without giving any reason, subject to the other party’s rights acquired prior to the termination of such a contract and the provisions below.
7. The contract for the provision of services by electronic means can be terminated by submitting a request to delete the User’s Account by e-mail to the following address: support@neula.pl. In this case, the Service Provider irreversibly deletes the User’s Account within 7 business days from the date of receipt of such request, except for the data concerning the User and the name of the Client.
8. The Service Provider has the right to withdraw from the contract for the provision of electronic services immediately, in the event of a User’s and/or Client’s violation of the provisions of the Terms of Service and/or provisions of generally applicable law and as a result of unsuccessful summoning of the User and/or the Client to cease infringements within 1 business day. In such a case, the Service Provider irreversibly deletes the User’s Account within 3 business days from the ineffective expiration of the deadline specified above, except for the data concerning the User and the name of the Client.

VII. Final Provisions

1. In matters not covered by the Terms of Service, the provisions of generally applicable Polish law shall apply.
2. The Service Provider is entitled to change the Terms of Service at any time. The Service Provider will notify the Clients of each change to the Terms of Service in the form of a message sent to the Users’ e-mail address 10 days before the entry of the changes into effect.
3. The Service Provider makes the Terms of Service available in Polish and English language version. In the event of a discrepancy between the language versions, the Polish version shall prevail.
4. The Terms of Service shall enter into force on 1st of October 2019.

VIII. ADDITIONAL INFORMATION

1. Further to art. 6 point 1 of the Polish Act of 18 July 2002 on the provision of services by electronic means (Dz. U. 2002.144.1204, as amended), please find below information on the potential threats connected with use of services provided by electronic means:
   1. risk of receiving spam, i.e. unwanted commercial information sent via electronic means,
   2. risk of infection of IT systems with malware (malicious software, including viruses and computer worms, trojans), spyware (spying software),
   3. risk of being exposed to operations of other unwanted and/or malicious software performing operations not indented by the user,
   4. risk of extortion of confidential information (phishing) and breaking of software security (cracking),
   5. risk of breaking through cryptographic protocols used in exchange of information between IT systems, and as a consequence, in particular, unauthorized access to the information,
   6. risk of forging protocols and safety certificates securing internet websites.