TERMS AND CONDITIONS OF USING THE RATMON SYSTEM
VER. 1.0 dated 17.01.2017
- General provisions
The owner and producer of the RATMON system is DASL Systems with the registered office in Krakow, ul. Wadowicka 8A, NIP (Tax Identification Number) 6792762414, further referred to as the Supplier.
The User of the RATMON system is any entity who received access to the RATMON system, further referred to as the User.
The subject of these terms and conditions is granting a license to access the use of the RATMON system, further referred to as the System, under terms and conditions specified below.
The User shall observe the provisions of these terms and conditions from the moment of undertaking activities to use services of the Supplier.
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Scope and principles of the provisions of services covered by the license
- The System offers collection, processing and presentation of data collected from measurement devices cooperating with the System or entered by the User.
- Services listed in sec. 2.1 can be provided using the infrastructure of the User or the Supplier under terms and conditions specified in paragraph 6.
- Services of the System are provided using an Internet browser.
- The User receives access to the System upon registration. The Supplier provides the User with a login and password based on actual data correctly entered by the User in the registration form. One entity can have one registered and active account.
- The User receives access to the database with data concerning only the entity indicated in the Registration process or demo data.
- TThe Supplier receives data to be processed sent from measurement devices installed at the facilities of the User and connected with the System. Principles of transferring data, its scope, content and frequency of delivery to the server are compliant with the configuration of the devices in the System or the devices themselves.
- The User authorizes the Supplier to process and store all data necessary to provide services in a correct way.
- The Supplier reserves the right to cease provision of services to perform necessary maintenance works of the IT system and in case of failures of the power network or Internet network.
- If the User has a subscription including data transmission, they cannot use the SIM card installed in the measurement device of the Supplier outside the device, dismantle or move it to other electronic devices. If the User fails to observe this principle, the User shall incur all additional costs of data transmission resulting from such an action.
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Obligations of the Supplier
- The Supplier shall collect and present data.
- Sharing data involves maintenance of access to the server with data and the program sharing the data electronically and to maintain the proper functioning of the program sharing the data subject to correct installation of devices collecting data.
- The data presentation system available from the server of the Supplier is shared as it is and in relations to its development, it may be subject to changes within the duration of the agreement.
- The Supplier shall maintain confidentiality of all data stored by Users on the servers. Data obtained by the employees of the Supplier during technical works or administration works shall not be disclosed to third parties, unless the User gives clear consent in writing.
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Obligations of the User
- The User shall provide correct personal and contact data during registration of the service. Failing to provide complete or correct personal data shall result in blocking or removal of the account from the server. Providing their personal data, the User gives consent to its processing by the Supplier and entities cooperating with them.
- The User shall maintain confidentiality of access passwords and shall not disclose them to third parties.
- The User shall incur the costs in the amount of 100 PLN net related to the loss or damage of the SIM card installed in the measurement device if the SIM card belongs to the Supplier.
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Disclaimer
- The Supplier shall not be liable for damages caused to third parties which may occur as a result of the use of the System and data collected by it, which is non-compliant with the law or its purpose.
- The Supplier shall not be liable for problems with the use of the system resulting from unavailability of the Internet network attributable to the User.
- The Supplier shall not be liable for damages resulting from periodical failures which may occur at the Supplier in the form of failures of the servers, power outages or interruptions in access to the Internet network.
- The Supplier shall not be liable for problems in data transmission from the devices to the server of the User resulting from incorrect functioning of the GSM/GPRS network. In particular, they shall not be liable for failures and changes in the configuration of the GSM network which make correct data transmission impossible.
- The Supplier shall not be liable for damages occurring as a result of erroneous functioning of the System. The entire System is delivered to the User as it is. In particular, the Supplier shall not be liable for legal and actual consequences of activities undertaken by the User based on data downloaded from the System, including, without limitations, the losses caused by the loss of profits, damage or loss of data or information, disruptions transmission or reception of data, interruption of business activities or other commercial losses as well as for losses occurring as a result or related to the use and the lack of possibility to use the System.
- The Supplier shall not be liable for losses of data caused by random events or technical circumstances they cannot control. They include in particular:
- interruptions in the proper functioning of the GSM network
- failures and interruptions in the supply of electricity
- circumstances of the violent natural phenomena that can interfere with the operation of the system
- power interference which occur in the network wiring which impact stable operation of the devices
- incorrect installation of the devices
- failure of the devices
- damage or incorrect location of the antenna
- The Supplier shall not be liable for damages suffered by the customer or third parties as a result of passwords being used in an unauthorized manner.
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Fees
- Access to the System is free of charge and it takes place through the domain www.ratmon.com or another domain indicated by the Supplier. The User within the standard plan obtains free access to the System and their database on the server of the Supplier, the size of which is limited by a disk space of 200 MB. The condition for free access is registration in accordance with sec. 2.4.
- Having exceeded the free data limit, the System allows only viewing of archive data. The Supplier can remove archive data for a fee and allow the User to use 200 MB of disc space again.
- The User can also select one of the paid options to use the System, increasing the disc space for the base of the User and activating other functionalities specified in the up-to-date pricelist.
- Fees for the provision of services by the Supplier shall be paid in accordance with the up-to-date pricelist or conditions established individually.
- If the User uses one of paid options of the provisions of services by the Supplier and does not pay the fees for the provided services in a timely manner, the Supplier has the right to block access to the System for the User.
- If the Supplier provides the RAT device with the SIM card, they shall remain property of the Supplier for the entire period of use.
- Unlocking access to the System shall take place after all due fees are paid as well as a proper fee for the ongoing settlement period.
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Storage and processing in the System of the User’s data finishes upon deactivation of the account in relations to:
- failure to pay for another subscription period
- upon request of the User sent via e-mail
- as a result of failing to observe these terms and conditions.
- After termination of the provision of services, data is removed from the System and it cannot be shared again.
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Final provisions
- The Supplier has the right to introduce any changes in these terms and conditions which shall enter into force upon their publication on the website.
- Disputes resulting from execution of the agreement shall be settled by the court competent for the registered office of the Supplier.