Terms of Service

§1. General provisions

1. These Terms of Service set out the rules for using the Service as well as the rights and obligations of Users and the Service Provider.
2. The Service Provider is Bartosz Pawłowski conducting business activity under the firm "Grizzly Software Bartosz Pawłowski" with its registered office in Skierniewice (96-100), ul. Armii Krajowej 57/25, entered into the Centralnej Ewidencji i Informacji o Działalności Gospodarczej, NIP: 836-182-54-53.
3. Before starting to use the Service, every User should review these Terms of Service and the Privacy Policy. Use of the Service constitutes acceptance of these documents, including the obligation to comply with the Terms of Service.

§2. Definitions

The terms used in these Terms of Service have the following meanings:

• Account - the User's account in the Service that enables the use of functionalities available within the Service,
• Privacy Policy - the document setting out the rules for the processing of personal data by the Service Provider, available in the Service,
• Terms of Service - these terms of service,
• RODO - rozporządzenie Parlamentu Europejskiego i Rady (UE) 2016/679 z dnia 27 kwietnia 2016 r. w sprawie ochrony osób fizycznych w związku z przetwarzaniem danych osobowych i w sprawie swobodnego przepływu takich danych oraz uchylenia dyrektywy 95/46/WE (ogólne rozporządzenie o ochronie danych),
• Service - the online platform available at https://appka.sprawdz-kierowce.pl,
• Agreement - the agreement for the provision of services by electronic means between the Service Provider and the User,
• "Data Processing Agreement" - the personal data processing entrustment agreement within the meaning of art. 28 RODO concerning the entrustment by the User to the Service Provider of the processing of personal data of the User's employees for the purposes of providing the Credentials Verification Service,
• Service - any paid or free service provided by the Service Provider by electronic means, consisting of providing the User with access to the functionalities of the Service,
• Credentials Verification Service - a service provided by the Service Provider by electronic means consisting of the verification of the credentials of the User's employees to drive vehicles,
• Service Provider - the entrepreneur indicated in § 1 sec. 2,
• User - any person using the Service who meets the conditions set out in the Terms of Service.

§3. Types of Services available within the Service

1. The Service is a platform used to verify the credentials of employees to drive vehicles.
2. Through the Service, the Service Provider provides Services consisting of:
   • access to the content of the Service,
   • the ability to create and maintain an Account,
   • verification of employees' credentials to drive vehicles.
3. In the initial phase, the Service Provider has made the Service available in a beta version, which continues until further notice. The purpose of the beta version is to detect and remove any errors and irregularities in the operation of the Service or the Services. Use of the Service in the beta version is free of charge.
4. After the end of the beta version and the launch of the Service in its production version, access to and use of the Service will continue to be free of charge, unless a specific part of the Service or a particular Service or a selected functionality is explicitly marked as paid or as having restricted access.
5. The Service Provider will inform Users about the change of a Service that was provided free of charge to a paid Service, or about the introduction of fees for additional functionalities within a Service whose basic version is free of charge, before introducing such fees, in the manner provided for amendments to the Terms of Service.
6. The fees referred to above shall not apply to the Users' use of the Service and the Services in the period prior to the introduction of such fees.
7. Neither the Service nor the Services provided through it are intended for consumers within the meaning of Polish law.

§4. Credentials Verification Service

1. To begin using the Credentials Verification Service, the User must complete the new driver enrollment form, which is available after the User logs into their Account.
2. In the form, the User provides the personal data of the employee whose credentials to drive vehicles they wish to verify, including at least the data marked in the form as required, as well as the categories of credentials to be verified.
3. The Credentials Verification Service consists of automated verification of the validity of credentials to drive vehicles and notification of the User of the results of such verification via email or SMS.
4. The User may independently set the notification frequency, within the functionalities available in the Service.
5. Verification of credentials takes place by checking the credentials of the employee whose personal data the User provided in the new driver enrollment form, based on a service made available by Ministerstwo Cyfryzacji (Ministry of Digital Affairs).
6. The Credentials Verification Service is intended for Users who are entrepreneurs within the meaning of ustawy z dnia 6 marca 2018 r. Prawo przedsiębiorców (t.j. Dz.U. z 2024 r. poz. 236, ze zm.), who, in accordance with the law in force in Poland, are entitled to verify the credentials of their employees to drive vehicles.
7. The Credentials Verification Service is available only to Users who hold an active Account.

§5. Technical requirements

1. Use of the Service requires a device with Internet access and an installed web browser.
2. The device used by the User to access the Service should meet the following minimum technical requirements:
   • An operating system that allows the installation of the following web browsers: Google Chrome, Mozilla Firefox, Opera, Safari.
   • The web browser should support JavaScript.
3. To create an Account, the User should have an active email address, and if they intend to use SMS notifications as part of the vehicle verification Service, a mobile device such as a smartphone or another device capable of receiving and reading SMS messages.
4. The Service Provider reserves the right not to support older versions of web browsers or browsers that are generally regarded as defective and unsafe due to discovered software vulnerabilities. The User's use of such browsers may cause the Service to malfunction on their device or may hinder or prevent the proper use of the Services.
5. Use of the Service requires the User's device to be connected to the Internet. The costs of this connection are borne by the User, in accordance with the agreement concluded with their telecommunications operator.

§6. Terms for entering into and terminating agreements

1. The Agreement is concluded upon the User's successful registration in the Service and creation of an Account.
2. The Agreement is concluded for an indefinite period, subject to sec. 3.
3. An Agreement concerning the User's use of a paid Service is concluded for a period specified by the User when placing the order for that Service, provided that the Service Provider has offered such a choice. In other cases, the agreement is concluded for the period indicated by the Service Provider or in a subscription model (paid subscription).
4. The Agreement may be terminated through:
   • deletion of the Account by the User,
   • deletion of the Account by the Service Provider in connection with the User's breach of the provisions of the Terms of Service, in particular the rules for using the Service set out in the Terms of Service,
   • cancellation of the paid subscription by the User or the expiration of the period for which the Agreement concerning the User's use of the paid Service was concluded.
5. If the User cancels the paid subscription, access to the paid Service used by the User under that subscription will be blocked upon the expiration of the last paid billing period. If the User deletes the Account before the end of the last billing period paid by the User, the fee paid is non-refundable.
6. Upon conclusion of the Agreement and for the duration of its validity, a Data Processing Agreement is concluded between the Service Provider and the User, the content of which is set out in Annex No. 1 to the Terms of Service. Termination of the Agreement, regardless of its cause, results in the termination of the Data Processing Agreement without the need for any declarations by either Party.
7. After termination of the Data Processing Agreement, the personal data whose processing the User entrusted to the Service Provider will be deleted.

§7. Registration in the Service and Account creation

1. Registration consists of completing the registration form available in the Service, in which the User is required to:
   • provide their email address,
   • choose and enter a password twice,
   • accept the Terms of Service,
   • accept the Privacy Policy,
   • provide any other data resulting from the functionality of the Service.
2. By submitting the registration form, the person sending it declares that they are acting on behalf of an entity that meets the conditions referred to in § 4 sec. 6, and that they are authorized to perform this action in accordance with the rules of representation of that entity or on the basis of an appropriate power of attorney or authorization.
3. After successful registration, the Service Provider creates an Account for the User, after logging into which the User may begin using the Credentials Verification Service.
4. Registration carried out contrary to sec. 2 above constitutes a breach of the Terms of Service and may result in access to the Account being blocked or the Account being deleted by the Service Provider.

§8. Rules for using the Service. User's rights and obligations

1. The User undertakes to:
   • comply with the provisions of the Terms of Service,
   • use the Service in accordance with its intended purpose, as well as in a manner consistent with the law, the principles of community life, and good morals,
   • not disclose Account login credentials to third parties and protect such credentials from access by unauthorized persons.
2. It is prohibited for the User to provide content of an unlawful nature, as well as to perform any actions that would destabilize the operation of the Service or hinder access to or use of the Service. The User may not use the Service in a manner that would infringe the rights or personal interests of third parties.
3. The Service Provider may block the User's access to the Account or remove the User's Account from the Service if the User uses the Service or the Services in a manner that is unlawful or contrary to the provisions of the Terms of Service.
4. In the event of problems concerning the operation of the Service or the Service, the User has the right to receive technical support from the Service Provider. Any technical problems concerning the Service may be reported by the User to the Service Provider at: [email protected].
5. Regardless of the possibility of reporting technical problems, the User has the right to file a complaint on the terms described in § 11 of the Terms of Service.
6. The User has the right to delete their Account or cancel a paid subscription at any time, subject to the consequences of such actions provided for in the Terms of Service.

§9. Personal data

1. The controller of personal data processed in connection with the operation of the Service is the Service Provider, subject to sec. 2.
2. With regard to the personal data of the Users' employees transferred by the Users for the purposes of using the Credentials Verification Service through the Service, the Service Provider is the processor. The Service Provider processes such personal data on behalf of the Users, who are the controllers of the personal data of their employees.
3. The basis for the Service Provider's processing of the personal data of the Users' employees referred to in sec. 2 above is the Data Processing Agreement, which forms an integral part of the Terms of Service and the Agreement. The template of the Data Processing Agreement is set out in Annex No. 1 to the Terms of Service.
4. Every User who enters the personal data of their employees in the Service for the purpose of using the Credentials Verification Service declares that:
   • they have an appropriate legal basis for processing the personal data of the employees whose data they will transfer to the Service Provider for the purpose of verifying their credentials to drive vehicles,
   • they are entitled to entrust the processing of their employees' personal data to the Service Provider for the purpose of providing the Credentials Verification Service,
   • they have fulfilled their information obligation toward their employees by informing them that the Service Provider is a recipient of data within the meaning of RODO (GDPR) and will process their personal data for the purpose described above.
5. The User undertakes to delete from the Service the personal data of their employee(s) stored on that User's Account immediately after the legal basis for the User's processing of such data ceases to exist (e.g., as a result of the termination of the employment relationship).
6. The User releases the Service Provider from all claims and liability connected with the possible untruthfulness of the User's declarations referred to in sec. 4, or with the non-performance or improper performance of the obligation to delete personal data from the Service referred to in sec. 5.
7. Detailed information regarding the processing of personal data by the Service Provider can be found in the Privacy Policy.

§10. Liability

1. The Service Provider makes every effort to ensure that the Service operates continuously, but reserves that, in order to ensure the proper functioning of the Service, it is necessary to carry out, from time to time, maintenance or repair work, which may cause interruptions in access to the Service or the Services.
2. Interruptions in access to the Service or the Services may also be caused by the need to install software updates or by the expansion of the Service, its individual elements, or functionalities.
3. The Service Provider will inform Users about scheduled technical interruptions and their expected duration through means available to it, in particular by posting appropriate announcements in the Service sufficiently in advance.
4. The Service Provider will notify Users about unplanned technical interruptions, in particular those related to the occurrence of a failure or force majeure, in the available manner, without undue delay.
5. The Service Provider shall not be liable for:
   • interruptions in the operation of the Service or the Services resulting from failures caused by defects in the functioning of equipment, software, or telecommunications links (ICT systems) whose maintenance is not the Service Provider's responsibility,
   • unavailability of services provided by Ministerstwo Cyfryzacji, which are necessary for the proper provision of the Credentials Verification Service,
   • any consequences arising from the takeover of the User's Service access credentials (email, password) by a third party, if such takeover occurred for reasons beyond the Service Provider's control,
   • damages caused by the User's use of the Service in a manner contrary to the Terms of Service or contrary to the law,
   • any damages incurred by the User and any benefits lost by the User caused directly or indirectly by the operation, non-operation, or malfunction of the Service.

§11. Complaints and refunds

1. The User has the right to file a complaint if the Services are not being provided by the Service Provider or are being provided contrary to the provisions of the Terms of Service.
2. Complaints should be submitted electronically to: [email protected].
3. The complaint should contain:
   • the first and last name of the person submitting it,
   • the User's name in the Service (email address) - applies to Users who have an Account,
   • a description of the issues being raised,
   • the substance of the request.
4. If the information provided in the complaint requires supplementation, before considering the complaint the Service Provider will request the User who submitted the complaint to supplement it within the indicated time and scope.
5. The Service Provider will consider the complaint within 30 days of the date of its receipt in proper form.
6. In the case of a complaint submitted by a User registered in the Service, the response to the complaint will be sent to the email address associated with their Account.
7. In other cases, the response to the complaint will be sent to the email address of the person submitting it as provided in the complaint or from which the complaint was sent.

§12. Final provisions

1. These Terms of Service, in their current wording, are effective as of 22.02.2025 r.
2. The Service Provider reserves the right to amend the Terms of Service, expand or limit the scope of Services provided through the Service, and to introduce or change the amount of fees for the Services, of which it will inform Users at least 14 days in advance.
3. The Service Provider will inform about the above changes by sending an email (applies to Users with an Account) or by posting a notice on the Service's website.
4. A User who does not accept the amendment of the Terms of Service or the rules for using the Services may terminate the Agreement in the manner provided for in the Terms of Service or terminate the Agreement by sending the Service Provider a relevant message to [email protected]. In the latter case, the Agreement shall be terminated on the last day before the amendments to the Terms of Service or the amended rules for using the Service take effect.
5. The User's continued use of the Service or the Service after the entry into force of the changes described above shall constitute their acceptance.
6. Any disputes between the Service Provider and the User that the parties are unable to resolve amicably shall be settled by the court having jurisdiction over the Service Provider's registered office.
7. The annexes to the Terms of Service form an integral part thereof.
8. The Terms of Service are governed by Polish law.