ORDER INSPECTO

RULES FOR THE PROVISION OF ELECTRONIC SERVICES

I Definitions

  • Inspecto Sp. z o.o. – Inspecto Spółka z ograniczoną odpowiedzialnością, with the registered office at: Warszawa, ul. Świętokrzyska 30/63, 00-116 Warszawa, KRS [National Court Register No.]: 740756, a holder of tax identification number (NIP): 5771986272, business statistical number (REGON): 38081371,
  • Failure – damage to the System which limits or prevents the Client access to the Services
  • Commercial Information – commercial information within the meaning of Article 2(2) of the Act on the provision of electronic services
  • Software – the INSPECTO computer programme which allows for using the Services via the End Device owned by Inspecto Sp z o.o.. The Software is made available to Clients in the SaaS (Software as a Service) model and does not require entering into a license agreement between Inspecto Sp. z o.o. and the Client, however, requires the Client to accept and follow with these Rules
  • Subscription Fee – fee specified in clause 12 of the Rules, which the Client using the Services is required to pay
  • Rules – these rules
  • Website – an information and IT platform created by Inspecto Sp. z o.o. and connected to the Internet, available at domain addresses to which the rights are owned by Inspecto Sp. z o.o., which allows the Clients to use IT mechanisms, Services provided by Inspecto Sp. z o.o., and information prepared by Inspecto Sp. z o.o.,
  • Force majeure – an external event, independent of Inspecto Sp. z o. o., such as flood, storm, fire, earthquake, extraordinary snowfall, and extraordinary disturbances in social life such as strike, war, social unrest, as well as other external events that could not be foreseen and whose consequences could not be prevented, and even if they could be foreseen, they could not be prevented, despite the highest diligence, resulting in the inability of Inspecto Sp. z o.o. to provide Services
  • System (ICT system) – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Telecommunications Law Act of 16 July 2004
  • Services – services provided by Inspecto Sp. z o.o. electronically – via the Website – including in particular:
    • the possibility to enter data about vehicles by the Client and other persons for which the Client is responsible, in particular drivers of vehicles that will be stored in the ICT system
    • using the database in the System, including in particular: searching for data, displaying data in the System, modifying data, requesting deletion of entered data
  • Terminal Device – a computer or other telecommunications device intended to be connected directly or indirectly to the Internet network terminals, allowing for using the Services offered by Inspecto Sp. z o.o..

 

II Initial provisions

  1. The Rules define the terms and conditions for the provision of Services with the use of the Software, Website, and System.
  2. The Client is obliged to comply with all the provisions of the Rules.
  3. The Rules are available free of charge on the website https://getinspecto.com. Anyone can print it, record it and reproduce it digitally on any electronic media.
  4. The Rules are made available in a form that allows for their storage and reproduction in the ordinary course of activities (HTML format file or another form).

 

III Entering into and wording of the Agreement for the provision of Services

  1. The Agreement for the provision of Services is entered into when the Client starts using the Services on the Website. To use of Website, the Client is required to create a profile (see clause IV(4)(3 (d)) and accept the Rules.
  2. Agreement for the provision of Services may at the request of Inspecto Sp. z o.o. or the Client also be entered into in writing.
  3. At the request of Inspecto Sp. z o.o., the Client will present within the time limit specified by Inspecto Sp. z o.o.:
    • an extract from the relevant register (e.g. companies, associations, etc.), decision on assigning REGON and NIP numbers – applies to legal persons or organisational units without legal personality;
    • proof of identity and place of residence – applies to natural persons
    • additional documents and additional information to verify the Client’s identity or the right to represent given entity.
  4. The Agreement entitles the Client to use the Software and all its functions for an indefinite period of time, provided that the Parties failed to specified the term of the Agreement in the Agreement. Using the Software and all its functions is possible provided that the Client complies with the Rules and provided that the Client pays the Subscription Fee within the due date – otherwise, Inspecto Sp. z o.o. is entitled to terminate the Agreement with an immediate effect or limit the functions of the Software.

 

IV Services provision

  1. Inspecto Sp. z o.o. undertakes to provide the Services with due diligence, on the terms and conditions defined in the Rules.
  2. In the event the provision of Services under the Agreement for the provision of Services entered into in the manner specified in clause III(3) of the Rules – the conditions for the provision of Services are specified in the Agreement. In such a case, in the event of discrepancies between the provisions of the Rules and the Agreement, the provisions of the Agreement for the provision of Services shall prevail.
  3. Inspecto Sp. z o.o. will exercise due diligence in order to protect the System against unauthorised access.
  4. Inspecto Sp. z o.o. ensures:
    • on-line access to the Services and the Website on the terms set out in the Rules, 24/7, excluding:
      1. periods resulting from access restrictions imposed by network operators used by the Clients
      2. Failure periods resulting from actions or omissions of third parties for which Inspecto Sp. z o.o. is not responsible (e.g. power grid failure)
      3. infrastructure maintenance periods (hardware and software) of the System
      4. repair periods related to the occurrence and removal of Failure.
    • creating backups
    • the use of the following tools for the security of the Services depending on their type:
      1. encryption
      2. antivirus
      3. firewall
      4. authorisation – understood as access to each offered Service, preceded by the necessity to log into the System by the Client by entering their name (login) and password
      5. Software upgrade
    • Inspecto Sp. z o.o. reserves the right to temporarily interrupt or limit the availability of the Services for technical or technological reasons or in other cases justifying an interruption or limiting the availability of the Services.
  5. In the event of the Service or System Failure, Inspecto Sp. z o.o. undertakes to proceed with its removal within 24 hours of revealing the Failure.
  6. The Client declares the will to enter information about vehicles into the database and to modify or remove them using the panel available on the Website. In the event of a request to remove the vehicle from the database – the removal shall take place at the end of the day in which the vehicle was reported to be removed from the database.
  7. If the Client declares the will to introduce by Inspecto Sp. z o.o. a new Service or change or adding new functions on the Website or existing Services – Inspecto Sp. z o.o. declares that it will consider their implementation and will provide relevant information to the Client. Implementation of new functions and Services, or their modification, which would not be of general nature, requires entering into a separate Agreement for the provision of Services by Inspecto Sp. z o.o. and the Client.

V Liability of Inspecto Sp. z o.o.

  1. Inspecto Sp. z o.o. shall be liable for non-performance or improper performance of obligations under the Agreement for the provision of Services up to the value of actual losses, however not higher than the average monthly amount of the Subscription Fee calculated on the basis of the value of the Subscription Fee paid during the calendar year preceding the event causing the damage.
  2. Inspecto Sp. z o.o. shall not be liable for lost profits.
  3. Inspecto Sp. z o.o. shall not be liable for any damage of the Client caused by the Client’s inability to use the Services, in particular for the following reasons: data loss, delays in receiving or sending data, delays caused by lack of transmission, incorrect transmission, or other interruptions in the provision of the Services resulting from factors (circumstances) beyond control of Inspecto Sp. z o.o..
  4. Factors (circumstances) beyond control of Inspecto Sp. z o.o. shall in particular, be:
    • failures of transmission or telephone lines, including international ones, connections load, lack of access to the networks of domestic and foreign operators or malfunctions in the operation of such telecommunications operators
    • interruptions in the supply of electricity and failures of technical devices and other such circumstances for which service providers and telecommunications operators are responsible
    • necessary operational, repair and other breaks of a technical nature
    • circumstances for which the Client is responsible, such as failure of the Client’s devices or software, errors in operation or configuration
    • Failure of the Client to comply with the provisions of the Agreement for the provision of Services, the Rules, or applicable law
    • Force majeure.
  5. Liability of Inspecto Sp. z o.o. for damages incurred by the Client in connection with the implementation of the Service Agreement, including as a result of access to the Client’s data by unauthorised persons, data loss, or delay in receiving or sending data, is enforced after the complaint procedure specified in clause XIII of the Rules and it exhausts the compensation obligation specified in clause V(1) of the Rules.
  6. Inspecto Sp. z o.o. does not interfere with the content of information provided with the use of the Website and does not make such information available to third parties, except for events where the law or a relevant decision of the authorized bodies requires otherwise.
  7. Inspecto Sp. z o.o. is not liable for the content of information sent or received, posted, or in any way made available by the Client to third parties as a result of the performance of the Agreement for the provision of Services and is not responsible for violations of law resulting from such transfer of information.
  8. Inspecto Sp. z o.o. is not liable for the consequences of access to the Client’s information as a result of the Client providing passwords to unauthorised persons.
  9. Inspecto Sp. z o.o. is not liable for failure to perform or improper performance of obligations to provide Services should it occur as a result of using software by the Client other than that indicated or made available by Inspecto Sp. z o.o.
  10. Inspecto Sp. z o.o. is not liable for the consequences of providing false or outdated information and data by the Client or any explanations concerning such data.

 

VI Liability of the Client

  1. The Client is obliged to use the Services in compliance with the Rules, as well as Agreement for the provision of Services entered into with Inspecto Sp. z o.o., taking into account applicable law.
  2. The Services are provided for the sole use of the Client. Therefore, the Client is not entitled to provide (share, sub-license) the Services to third parties, unless Inspecto Sp. z o.o. agrees to it, or it results from the entered Agreement for the provision of Services. 
  3. In addition to the Client, the Services may also be used by the Client’s organisational units and persons employed by or cooperating with the Client, who use the Client’s vehicles recorded in the System, for the actions and omissions of whose the Client is held liable. In the event of a dispute between Inspecto Sp. z o.o. and the entities referred to above, the Client shall be jointly and severally liable together with the said entities for all the claims Inspecto Sp. z o.o. is entitled to have against such entities.
  4. The Client is obliged to refrain from any actions that are illegal or may lead to violation of the law in connection with the use of or as a result of using the Services, including in particular: posting or promoting illegal information, software, content, or images that violate rights third parties or those bearing the hallmarks of a crime, the use of profanity, and other activities that violate the principles of netiquette.
  5. The Client will not take any actions that interfere with the resources of other Users of the Website or may cause any damage to Inspecto Sp. z o.o. or other Users.
  6. In the event Inspecto Sp. z o.o. finds that the Client or persons for whom the Client is responsible materially violate the Rules or the Agreement for the provision of the Services, Inspecto Sp. z o.o. is entitled to immediately cease the provision of the Services due to the fault of the Client, including suspending the Client’s profile on the Website along with its content, without the need to inform about such intention in advance or to send requests to the Client.

 

VII Information confidentiality and personal data protection

  1. Inspecto Sp. z o.o. and the Client are obliged to maintain the confidentiality of information concerning the terms and conditions of the Agreement entered into in compliance with clause III(1) or (2) of the Rules as well as information resulting directly from its implementation, including technical and financial data. The obligation of confidentiality also applies to all other persons to whom Inspecto Sp. z o.o. and the Client entrusted the performance of tasks resulting from the Agreement for the provision of Services.
  2. Information referred to in clause VII(1) of the Rules, may be provided to third parties only in situations provided for by law, on the basis of a court decision, an appropriate state authority, or with the consent of the party to whom given information relates.
  3. Inspecto Sp. z o.o. and the Client shall collect, process, and store personal data, considering the requirements of the Personal Data Protection Act and the Act on the provision of electronic services.
  4. The Client may consent to the use by Inspecto Sp. z o.o. of e-mail addresses and other contact details for information and promotional purposes and for the purpose of market research, as well as the analysis of behaviour and preferences of clients, with the purpose of the research results aimed at improving the quality of the Services. Inspecto Sp. z o.o. shall not disclose e-mail addresses and other contact details of the Client to third parties.

 

VIII Personal Data Protection

  1. Controller of personal data of the Client is Inspecto Sp. z o.o..
  2. Pursuant to the provisions of the Personal Data Protection Act, the Client’s personal data shall be entered into the personal data file of Inspecto Sp. z o.o. solely for the purpose of providing the Services and shall not be made available to third parties, subject to par. VIII(5) of the Rules.
  3. Each of Client is entitled to request supplementing, updating, rectifying personal data, as well as to request that data processing is temporarily or permanently suspended, or request that data is deleted if the said data is incomplete, out of date, untrue, or have been collected in violation of the Personal Data Protection Act or is no longer necessary to achieve the purpose for which such data was collected. Inspecto Sp. z o.o. reserves that the removal of personal data by the Client may result in the inability to continue using the Services.
  4. The Client declares that the provided personal data provided is the Client’s data.
  5. Personal data of clients may be entrusted to third parties on the terms and conditions defined in the Personal Data Protection Act – in order to ensure the proper provision of the Services and to implement their additional functions. Inspecto Sp. z o.o. entrusts the processing of Client’s personal data only to entrepreneurs engaged in forwarding (transport of packages), technical support for the Website and Services, and providing systems for sending mailings (group messages) related to the provision of the Services and not constituting Commercial Information.

 

 

IX Technical requirements

  1. The Services are provided subject to the Client’s terminal equipment and the telecommunications network to which the Client has access to meet the conditions and requirements specified in clause 3.
  2. The telecommunications devices used by the Client, in particular Terminal Devices, should meet technical conditions required by applicable law and have the required approvals, certificates, or certificates of compliance, or other required documents or markings.
  3. In order to use the Services, the Client shall have Terminal Devices enabling the use of the Internet as well as software enabling the use of the given Services, in particular:
    • Linux, iOS, or Windows 7, 8 or 10, or Android operating system with a web browser, Java version 8 or newer, and connection to the Internet, subject to the provision that Inspecto Sp. z o.o. guarantees the correct operation of the Services for those versions of operating systems that are currently supported by manufacturers or distributors (relevant information in this regard is posted on the manufacturers’ websites)
    • web browsers (having in particular Java script support), including those recommended by Inspecto Sp. z o.o.: Mozilla Firefox version at least 93.0 or Google Chrome version at least 95
    • FTP client software to use the FTP service
    • software used by the Client should meet the communication standards in individual protocols specified in the relevant RFC documents.

X Termination of the Agreement

  1. The Agreement for the provision of Services shall expire upon the expiry of the period for which it was entered into or upon the occurrence of the circumstances specified in the Agreement.
  2. The Parties shall have the right to terminate the Agreement for the provision of Services entered into for an indefinite period of time under one month’s notice – with effect at the end of the month following the month in which the Agreement was terminated.
  3. Inspecto Sp. z o.o. is entitled to terminate the Agreement with an immediate effect if the Client:
    • violates the provisions of the Rules
    • does not pay the Subscription Fee in a timely manner
    • uses the Service in a way that may threaten the interests of Inspecto Sp. z o.o. or third parties, including other Website Users
    • violates the rules of fair business transactions, in particular through failure to comply with the provisions of law
    • violates the generally applicable ICT security rules by failing to properly protect their equipment against external attacks
    • uses the Services in a way that may disrupt proper functioning of the System, Website or Services
    • disseminates computer viruses
    • makes an attempt to change or make changes to the System parameters related to the Services provided
    • makes an attempt to illegally access foreign computer systems (e.g. open port searches, attacks using “Trojan horses”, scanning computer ports of other Users, etc.).

 

 
XI Information on dangers connected with using the Services

  1. Pursuant to Article 6(1) of the Act on the provision of electronic services, Inspecto Sp. z o.o. informs on special risks related to the use of the Services by Users, including by the Client. The information concerns dangers that Inspecto Sp. z o.o. identifies as potential dangers that should be taken into account despite the use by Inspecto Sp. z o.o. of systems securing the Software against unauthorised influence of third parties:
    • the possibility of receiving spam, i.e. unsolicited advertising information and Commercial Information provided electronically
    • the possibility of malware (malware, worms) operating in a network environment distributed through code replication
    • the possibility of breaking security in order to obtain personal and confidential information for the purpose of identity theft – by sending false electronic messages resembling authentic messages
    • the possibility of catching passwords (phishing) by sending false electronic messages resembling deceptively authentic and, consequently, obtaining personal and confidential information about Users
    • the possibility of unauthorised wiretapping consisting in the use of a computer programme whose task is to intercept and possibly analyse data flowing on the network (spyware)
    • infringement of economic copyrights through their unauthorised copying and use without the consent and knowledge of the authorised entity
    • installing software used to use the Services from sources other than sources authorised by Inspecto Sp. z o.o. which, despite activities undertaken by Inspecto Sp. z o.o. to minimise the possibility of sharing software versions modified by third parties, may contain malware.

XII Subscription Fee

  1. The Client is obliged to pay fees for the Services provided in compliance with the Rules, as well as considering the terms and conditions set out in the Agreement – in the event of entering into in the Agreement in the manner specified in clause III(2) of the Rules.
  2. Inspecto Sp. z o.o. is entitled from the Client to a monthly Subscription Fee, which is the product of the number of individual types of vehicles disclosed in the database and the corresponding rates in compliance with item 3
  3. The rates referred to in item 2 shall be as follows:
    • for a truck: EUR 2.50
    • for a trailer: EUR 2.50
    • other units: EUR 2.50
  4. The Subscription Fee is charged by Inspecto Sp. z o.o. and indicated on the VAT invoice, sent to the Client by electronic means – to the e-mail address provided during registration to the Website.
  5. The Client agrees to issue VAT invoices by Inspecto Sp. z o.o. and their delivery to the Client by electronic means.
  6. The Subscription Fee is paid by a transfer made from the Client’s bank account to the bank account of Inspecto Sp. z o.o. on the basis of a VAT invoice within the due date specified on the invoice. The Subscription Fee is considered made on the day the Licensee’s bank account is debited.

 

XIII Complaints on the Services

  1. In the event of failure to perform or improper performance of the Services, in the event of incorrect mutual settlements, or in the event of other reservations in relation to the Services, the Client is entitled to file a complaint.
  2. The complaint should include:
    • full name or the name and address of the registered office of the Client
    • specification of the subject of the complaint
    • presentation of circumstances justifying the complaint
    • the date of entering into the Agreement for the provision of Services or the date of commencement of the provision of the Services
    • the claimant’s signature – applies to a complaint submitted in writing.
  3. The complaint can be submitted in one of the following ways:
    • by e-mail to the address support@getinspecto.com.
    • by post to the following address: INSPECTO SP. Z O.O. ul. Świętokrzyska 30 lok. 63, 00-116 Warszawa, with a note “Complaint”.
  4. Should the submitted complaint not meet the conditions specified in clause XIII(2) of the Rules, Inspecto Sp. z o.o., should it decide that it is necessary for proper review of a complaint, immediately calls the Client to supplement the complaint, specifying the date and scope of such additional information, with the instruction that failure to complete the complaint within the specified period will result in the complaint not being reviewed. Should the Client fail to complete the necessary data within the specified period, the complaint shall be treated as not filed and not subject to review. Inspecto Sp. z o.o. notifies the party making a complaint about closing the notification until missing information is completed. 
  5. After registering the complaint, an employee of the Customer Service Centre contacts the Client within three (3) business days in one of the following forms: by e-mail, by phone or by sending a fax.
  6. A complaint may be submitted within twelve (12) months of the last day of the billing period in which the interruption in the provision of the Services ended, or of the date on which the Service was improperly performed or was to be performed, or of the date of delivery of an invoice containing incorrect calculation of receivables for the provision of the Service.
  7. Complaint submitted after the deadline referred to in item 6 is considered ungrounded, of which Inspecto Sp. z o.o. immediately notifies the party making the complaint.
  8. Inspecto Sp. z o.o., within fourteen (14) days of the date of filing the complaint, responds to it in one of the following manners:
    • by e-mail
    • in writing
  9. The response to the complaint should include:
    • the name of the unit of Inspecto Sp. z o.o. reviewing the complaint
    • reference to the legal basis
    • a decision on the approval or refusal to approve the complaint
    • in the event of awarding compensation – specification of the amount and date of its payment
    • in the event of a refund of another amount due – specification of the amount and the date of its reimbursement
    • instruction on exhausting the complaint procedure and the right to pursue claims at court
    • signature of an authorised employee of Inspecto Sp. z o.o., with the position held by the employee.
  10. In the event of refusal to recognise the complaint in whole or in part, the response to the complaint should additionally contain factual and legal justification.

XIV INTELLECTUAL PROPERTY

  1. Inspecto Sp. z o.o. declares that it is the sole owner of the INSPECTO Software, the ICT system, and the Website through which it provides the Services.
  2. Inspecto Sp. z o.o. is entitled to all proprietary copyrights to the Software, System, and the Website as well as to all works within the meaning of the Act on copyright and related rights made available to the public on the Website. Works (other than the Software), markings, and trademarks made available as part of and for the purpose of providing the Services are protected by law.
  3. Inspecto Sp. z o.o. declares that the Software, System and Website, and the works made available therein are not subject to a pledge or a registered pledge, are not encumbered with the rights of third parties, or are not subject to enforcement proceedings, and may be made available for use by third parties under the Agreement.
  4. The Client is entitled to use the Software, System and Website in compliance with the Rules.
  5. The Client is entitled to use works (other than the Software) within the permitted private use provided for by law. Any use beyond the permitted private use requires the prior consent of the authorised entity.
  6. The Client is obliged to respect copyrights of Inspecto Sp. z o.o., in particular, the Client cannot, without prior written consent:
    • use the Software, System and Website together with third parties
    • make the Software, System and Website and works other than the Software available to third parties for independent use, against a fee or for free
    • make copies of the Software or Software documentation, as well as any elements of the Website
    • use the Software in a way that violates its integrity.

XV Final provisions

  1. Providing Services on the basis of the Rules, the liability of Inspecto Sp. z o.o. under the statutory warranty for defects is excluded.
  2. Rules are valid from the date of commencement of using the Services.
  3. Inspecto Sp. z o.o. reserves the right to amend the Rules. The amendment to the Rules comes into force on the date specified by Inspecto Sp. z o.o., however not less than seven (7) days of making the amended Rules available to the public. Amendments to the Rules shall have no effects on the rights acquired by the Client before the entry into force of the amended Rules, unless the Client agrees to it.
  4. The Parties undertake to make every effort to ensure that any dispute arising in connection with the performance of the Services covered by the Rules is settled amicably. In the event amicable resolution cannot be reached, the dispute shall be resolved by the common court competent for the registered office of Inspecto Sp. z o.o.
  5. Should any provision of these Rules, some of its provisions, or part of these provisions, are or become ineffective, the remaining provisions remain effective. An ineffective provision should be replaced with an appropriate effective provision. The same applies in the event of gaps in the Rules.
  6. To any and all matters not settled in the Rules, the provisions of Polish law shall apply.