Terms of Private Camera App
Effective: 12th of May 2023
§ 1 Definitions
The definitions used in this Terms of Service should be understood as:
- Service Provider (or Company) – Simplito sp. z o.o. with its registered office in Toruń, Republic of Poland, address: Grudziądzka 1-3, 87-100 Toruń, entered into the Registry of Entrepreneurs of National Court Registry by the District Court in Toruń, VIIth Commercial Division of National Court Registry under the numeber: 0000305883, NIP: 9562217643, REGON: 340400555, share capital: PLN 176.508,50,
- Terms of Service – regulations constituted in this document,
- User – a natural person, a legal person or an organizational unit without a legal personality, having legal capacity, who uses the App,
- Party – the Service Provider or a User,
- Services - online services provided by the Company to Users by electronic means, enabling them to use various functionalities connected with making photos and file storage according to the provisions of this Terms of Service,
- App – a software, created and distributed by the Company, which allows to use Services in accordance with provisions of these Terms of Services,
- Consumer – a natural person, which uses Services in connection with their personal or household activities, not with business or enterpreneurial activities. The term Consumer shall also be understood an individual enterpreneur who, basing on a separate legal provisions, has been granted protective rights such as those of consumers.
§ 2 General Arrangements
- These Terms of Service constitute a binding agreement between the Service Provider and a User, and define the rights and obligations of a User and the rules for using Services. The Terms of Service also specify the rights and obligations of the Service Provider. Creating a User's account and accepting the provisions of these Terms of Service or starting to use Services shall be considered as the conclusion of a contract for the provision of electronic services between the Service Provider and a User.
- Services allow Users to perform a number of activities within the App, connected with making photos and storing files.
- A detailed number of activities that are connected with using Services are described in the App's documentation, available on the Service Provider's website.
- If a User or User uses Services by using Apple's device, such as IPhone, IPad or Mac computer, or downloads the App via Apple App Store, a User hereby states that they are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- In order to enter into an agreement with the Service Provider, a User that is a natural person hereby declares that he or she is of legal age and may enter into legal agreement and his or her rights are not in any way limited, according to provisions of applicable law.
- A person acting on behalf of a User who is a legal person, hereby states that he or she is fully entitled to act on behalf of a User and enter into a binding agreement between a User and the Service Provider.
§ 3 Creating an account
- Providing data mentioned above and accepting these Terms of Services leads to a creation of a User's account.
- Activation of Services requires creating a User's account, in accordance with the provisions of this paragraph and may also require paying a remuneration for access to the Services, in accordance with the provisions of these Terms of Service. In this case, access to Services is activated after the payment is credited to the Service Provider's bank account.
- In order to create a User's account, a User is required to set a login and a password. The Service Provider suggests that the password set by a User should contain at least 8 characters, including uppercase and lowercase letters and at least one digit.
- A Consumer may withdraw from the agreement concerning providing Services, within 14 days of registering their account and accepting provisions of this Terms of Services. A declaration of withdrawal may be sent by a Consumer to the Service Provider's e-mail address firstname.lastname@example.org, or via post, sending a statement to an address: Grudziądzka 1-3, 87-100 Toruń, Republic of Poland. A Consumer may also delete his or her account directly in the App, what also constitutes termination of an agreement for providing Services. Withdrawal from the agreement by the Consumer leads to refunding any payments made by a Consumer before the expiry of 14 days' term mentioned above.
§ 4 Technical requirements
- To use the App provided by the Service Provider, it is necessary for a User to have a mobile phone with Android OS version not lower than 6.0 or with iOS version not lower than 12.3.1, with updates of operating system installed and security patches installed and with a camera.
- The Service Provider is not in any way liable for incorrect operation or malfunction of the App if a User does not provide appropriate hardware or software, according to provisions mentioned above. Such a case is not considered as a justification of a withdrawal from the contract for providing electronic services.
§ 5 Providing services by the Service Provider
- The contract for the provision of electronic services is concluded for an indefinite period of time, with creating a User's account and accepting these Terms of Services.
- The Service Provider provides services to a User via electronic means of communications from the moment of concluding the contract for the provision of electronic services.
- The contract for the provision of electronic services is a binding agreement between the Parties as long as a User has an account within Services. The Service Provider states that a certain part of Services may be available only after payment of a remuneration in accordance with the provisions of these Terms of Service.
- The Service Provider provides services with electronic means of communications in a way enabling uninterrupted use of Services, 7 days a week, with a restriction of performing possible, periodic maintenance works, about which the Service Provider will inform Users with at least three days' prior notice. The Service Provider reserves the right to carry out repair work also on an ad hoc basis, without informing Users in advance, in particular to eliminate errors or defects whose removal is not associated with a requirement to shut down Services for a long time. Information about planned service works will be sent to Users via email, to the email address provided by a User.
§ 6 Rights of Users
- The Service Provider informs that Users may use Services in a continuous way according to the provisions of § 5, which allows the use of the functionalities referred to in § 2 point 2 of these Terms of Service.
- Due to the fact that the Service Provider undertakes activities focused on developing Services, the detailed scope of possibilities offered by Services may change. The Service Provider states that it makes every possible effort to ensure that the development of Services does not significantly affect the use of the available functionalities offered by the Service Provider. However, the Service Provider reserves the possibility to make changes concerning Services or the App, including changes in the interface, UX (user-experience) or the way in which specific services work as elements of Services.
- Any stored data, files and other information saved within Services, entered by a User via the App, are encrypted. This means that the Service Provider, as well as the entities cooperating with it, cannot decrypt or read them.
- The Service Provider is not in any way obliged to facilitate or enable Users to recover data stored within Services in the event of loss of access to Services caused by the loss of login or password.
- For security reasons the App should be downloaded by a User from places where it was uploaded directly by the Service Provider, such as Apple App Store or Google Play. The Service Provider notices that downloading the App from other sources may result in errors, bugs or problems within the App or lead to downloading a virus or other malware.
- The Service Provider informs that a User should use the latest version of the App. Updating the App may require User’s consent to install such an update.
- The Service Provider informs that the technical support provided as part of a helpdesk concerns the latest (current) version of the App. The Service Provider recommends to update the App on an ongoing basis in order to maintain technical support, increased security and stability of the App. The Service Provider notices that not installing updates may result in an increased risk of errors, vulnerabilities in security or other bugs, resulting in malfunctioning of the App. The Service Provider is not liable for any damages resulting from the use of a different version than the current version of the App and does not provide technical support for Users using other than the current version of the App.
§ 7 Payments
- Using Services by Users may be connected with the obligation to pay remuneration to the Service Provider, according to specified prices, published by the Service Provider. The prices provided by the Service Provider are gross prices, to which tax has been added at the applicable rate, if required. This relates especially to the paid subscriptions that allow to use certain Services for a specified period of time.
- Remuneration for using Services is charged in advance, before the start of the period of using these Services to which remuneration is related to.
- The amount of remuneration may depend, on the choice of individual scope of Services by a User, in particular due to the time of using Services or the number of storage used by a User.
- The detailed information of prices of Services that may be purchased by a User is presented on the Service Provider's website or directly within the App.
- The Service Provider reserves the right to change the remuneration amount for using Services. This may not affect the amount of money that was already paid by a User before the change, or amount of money indicated in the order confirmation issued by the Service Provider to a User in accordance with the provisions of this paragraph, before the change.
- The payment for the use of Services by a User may be made by a money bank transfer to the Service Provider's bank account, in accordance with the provisions concerning prices for providing Services. In this case, the Service Provider issues an order confirmation to a User, specifying the payment details for using Services.
- During a payment process, a User may be asked to provide additional data necessary to issue an invoice, especially if required information was not provided at the time of creating an account within Services. An invoice is issued to a User after receiving a payment by the Service Provider. The invoice is sent to a User's e-mail address and a User agrees on that with accepting the Terms of Services.
- The Service Provider will inform a User about expiration of Services before the final date of expiration in connection with each of a Services and will provide a User with all necessary information required to extend a paid Service, including information about remuneration and details concerning payment. In such a case, a User should pay a remuneration for using Services for another period, according to the provisions of this paragraph, if a User wants to retain ability to use Services.
- A remuneration for receiving Services for another period of time shall be paid by a User according to the provisions of § 7 point 2, 3, 6 and 7.
- If a User will not pay a remuneration for another period, after the expiry of the period for which the service was purchased in accordance with the provisions of this paragraph, the Service Provided states that providing of paid Services to a User may be suspended without any additional notification.
- The Service Provider states that, if a User will pay for further provision of paid Services within the term of 14 days after blocking its account, the Service Provider will reactivate Services automatically. In such a case, the Service Provider guarantees that it will not delete any data within Services.
- If a User will not pay for further Services within the term of 14 days after blocking a specific Services by the Service Provider, according to provisions mentioned above, the Service Provider reserves its right to delete User's data stored within such a Services.
- Reactivating the account after the expiry of the period for which Services were purchased happens after receiving the payment for provision of Services for the next period, in accordance with the provisions above. A User has the right to pay a remuneration for the next period of using Services before the end of the previous period of providing Services in order not to lose access to its Services.
- The Service Provider states that a moment of receiving payment on the Service Provider's bank account is considered as a moment of payment.
- The Service Provider reserves the right to change the prices of the Services offered, carry out promotions and grant discounts.
§ 8 Helpdesk
- A User has the right to report errors, bugs or problems concerning the functioning of Services to the Service Provider.
The content of a report should include:
- a User's name and surname,
- e-mail address of the reporting person,
- description of an error, bug or a problem encountered within Services, including, if applicable, the indication of a Services to which the report relates.
- The Service Provider may request a User to update a report if information provided by a User referred to in point 2 require any clarification.
- The Service Provider will try to take reasonable actions in order to repair an error or bug within Services or to find a temporary solution to eliminate the effects of an error or bug, to enable the on-going use of Services, in the shortest possible time. The Service Provider however does not guarantee, that each problem will be solved in the term indicated by a User, in particular because of the potential the complexity of possible demands and notices that eventual repair of errors or bugs may require additional time.
- Regardless of providing information about errors and bugs, pursuant to the provisions of point 1, a User may also use the contact methods indicated in this paragraph to send to the Service Provider any questions related to the use of Services, asking for particular answers to the questions and ongoing support of Services.
- If the process of repairing of an error, bug or any other problem within Services is connected with encountering difficulties and cannot be made as part of the ongoing support of Services, the Service Provider may repair the bug together with the next update of the App.
The helpdesk support does not include help connected
- errors caused by defects or improper performance of the hardware;
- errors caused by using Services in incorrect way;
- Interference in Services by unauthorized persons;
- incorrect performance of other computer software, such as the operating system or antivirus programme,
- errors caused by malicious software or viruses or unauthorized actions of third parties, in particular due to hacker attacks and other criminal activities.
§ 9 Liability of a User and the Service Provider
- A User is liable for their actions or omissions that do not comply with the provisions of these Terms of Service or generally applicable law. A User may also be responsible for the content that he//she stores within the Service Provider's Services.
In connection with using the services provided
electronically by the Service Provider, a User is
obliged in particular to:
- act in compliance with copyright and intellectual property rights, including those resulting from the registration of inventions, patents, trademarks, utility and industrial designs to which the Service Provider is entitled,
- refrain from using Services to post or send illegal content via Services, in particular those not compliant with these Terms of Service or those which violate generally applicable law,
- refrain from any actions that would violate a privacy or personal rights of other Users,
- refrain from any activities that may lead to a unauthorized interference with Services, including those that could impede or disrupt the functioning of Services as well as activities that may lead to losing, changing, removing, damaging or hindering access to Services by other Users,
- refrain from using Services to send spam or other types of unwanted commercial information or to send messages using automatic algorithms or bots,
- refrain from using Services to send, create or perform any operations with using malicious software, in particular such as ransomware, spyware, malware or other types of computer viruses.
- The Service Provider provides a User with a possibility of using Services via a User's mobile device. A User is solely responsible for the use of appropriate measures (such as securing a device with password or PIN code) that will ensure the security of data saved and stored on its device and prevent unauthorized access. A User should provide appropriate technical and organizational measures in order to achieve adequate level of security.
- A User should not make his or her device available to any third person in order to enable them to use Services with his or her individual account.
- The Service Provider is not responsible for any content of the data stored within Services by a User, in particular, it is not responsible for any information and statements sent or received by a User as part of messages sent or received via Servicess.
- The liability of the Service Provider is excluded to the broadest possible extent. The Service Provider is not liable for both actual losses or lost profits of a User, except if liability is caused by deliberate acts of the Service Provider. Provisions concerning exclusion or limitation of the Service Provider's liability to a Consumer are not binding both of the parties to the extent to which the applicable law prevents such exclusions or limitations in an agreement with a Consumer. In such a case, general rules of liability are applicable.
Without the prejudice to the provisions mentioned
above, the Service Provider shall not be liable:
- for any activities or services covered by these Terms of Service, performed by any entity other than the Service Provider’s employees, associates and authorized subcontractors, what means that the Service Provider is not liable for any acts or omissions of a User or any third parties involved in the using of Services,
- for any failure to perform its obligations arising from these Terms of Service or any improper provision of services, to the extent that it results from the occurrence of Force Majeure or from any non-performance or improper performance of obligations by a User, or User’s failure to cooperate with the Service Provider,
- for non-performance or improper performance of the Service Provider’s obligations to the extent that it results from technical or legal restrictions independent from the Service Provider, in particular in the area of providing remote maintenance services as well as the conditions and quality of communication with external services.
- The term of "Force Majeure", shall be understood by Parties as an event that could not have been foreseen with due diligence required in commercial relations, which is not resulting from acts or omissions of the Party which could be considered as liable and which this Party could not counteract if it would be acting with due care and for which it is not liable in accordance with the general principles of civil law, in particular: general strike, armed conflict in a given country, blockade of ports or other commonly used entry or exit points, earthquakes, floods, epidemics and other events connected with the forces of nature.
- The Service Provider may, at its own risk, without the prior consent of a User, use subcontractors in order to perform its obligations arising from these Terms of Services. Cooperation with a subcontractor should be performed according to the procedures in force in the Service Provider's enterprise and in accordance with the instructions provided to such a subcontractor. The Service Provider is liable for actions or omissions of a subcontractor to a User as for his own actions, especially in the situation of non-performance or improper performance of the contract, including delays or failures of meeting deadlines specified in these Terms of Service.
§ 10 Intellectual Property
- The Service Provider declares that all rights, including intellectual property rights to the App, are owned by the Service Provider or used by the Service Provider according to a license terms between the Service Provider and a third-party. The Service Provider is entitled to conclude a binding agreement concerning using of the App by a User, and to perform the provisions of these Terms of Service, including using elements protected by an intellectual property rights by a User. The Service Provider declares that the conclusion or implementation of the provisions of these Terms of Service, including the use of the App by a User, will not lead to a violation of any rights or goods of third parties (including entities associated with the Service Provider), especially in the area of intellectual property, or any contracts concluded by the Service Provider with third parties.
- The Service Provider states that in order to create and develop the App, it uses various open source libaries, programms or frameworks. The Service Provider uses these elements according to the provisions of the their license terms and informs, if necessary, about using these kind of elements. The Servie Provider states that all licenses concerning using these elements enable the Service Provider to use them in order to create and develop the App, according to these Terms of Services.
- All property rights connected to a software used in order to provide Services and all rights related to it remain the property of the Service Provider.
The Service Provider grants a User, and a User
receives a non-exclusive, free-of-charge, world-wide
license authorizing a User to use the App in the
following fields of use:
- use in on-going business activities in a User’s enterprise, statutory activities undertaken as a non-govermental organization or other activities undertaken by a User, including personal or household activities,
- enable the Users to use Services in accordance with their purpose and specific rules of use, described in the documentation of Services,
- enter the data into the App, create printouts, copy entered data.
- A User is obliged to use the App and all materials (e.g. documentation regarding the App) and rights related to the App (including all adaptations and copies) in accordance with these Terms of Service.
- A User is not allowed to:
- lease, license, distribute, upload into public repositories (e.g. GitHub or any other similar platform), copy for resale, use to create any other software or share the App as well as any materials and rights related to the App, unless it is explicitly permitted by law and only within limits of such permission,
- make any changes, corrections, modifications to the App and any materials and rights related to the App (including all adaptations and copies). However, in certain cases, related to achieving interoperability with other software or the necessity of fixing bugs, you may decompile, modify and change our software, provided that you obtained it legally. The Service Provider indicates that the default way of ensuring interoperability of fixing bugs is contacting tech support. Aforementioned actions may be conducted only in case if using standard tech support will not be able to provide help.
- The license referred to in this paragraph is granted for the period of using a Services.
§ 11 Personal data protection
- Pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR) the Service Provider – Simplito sp. z o.o. with its registered office in Toruń, Poland informs that it is the data controller of the personal data of Users, including in particular the data provided in the electronic form during the process of registration within Services.
§ 12 Security
- The App uses encryption mechanisms, based on the User-side encryption concept and zero-knowledge servers. Consequently, the Service Provider has no information about what data is being stored within Services by a User and does not use this data - except for the data provided during creation a User's account.
As part of Services, the following methods of
securing User’s data are implemented:
- encryption and decryption the data on the App's side and, consequently, limiting access to the data stored on the server,
- control of data access rights based on cryptographic methods,
- Services and the App secure mutual communication independently, regardless of the security offered by the transport protocol,
- Services have their own infrastructure for storing and verifying public keys, independent of certification authorities operated by third parties,
- creation of back-ups of encrypted data.
§ 13 Termination of the contract
- A User has the right to terminate the contract for the provision of electronic services at any time, without giving a reason, by submitting a statement of withdrawal to the Service Provider. In this case, the Service Provider deletes a User’s data within Services. This also means that the Service Provider may delete all data stored on the Service Provider's servers, which were assigned to a User’s account, including data within Services associated with a User’s account.
- Nonwithstanding the above, a User may also withdraw from the contract for the provision of electronic services by sending a termination letter via mail, to the address of the Service Provider mentioned in this Terms of Service. In such a case, the agreement is terminated after 30 days of receiving this letter by the Service Provider.
- If a User had purchased a paid Service, in accordance with the provisions of these Terms of Services, and submitted a statement of withdrawal from the contract, the amount of funds corresponding to the unused part of the Services will not be refunded. In this case, termination of the contract takes place at the end of the duration of provision of paid Services.
- In the event of a breach of these Terms of Service by a User, the Service Provider may terminate this contract concluded with a User without prior notice. This also may lead to the deletion of all data stored within the Service Provider's Services, which were assigned to a User account. In this case, the amount corresponding to the unused part of the tariff plan will not be refunded.
- The Service Provider reserves the right to terminate the provision of Services with two months' prior notice. In this case, the Service Provider returns the unused part of the remuneration to a User in accordance with the paid Services purchased by a User.
§ 14 Complaints handling procedure
- A User has the right to file a complaint regarding the services provided electronically by the Service Provider.
- Complaints may be submitted:
- by an e-mail, by sending a message to the Service Provider's address: email@example.com,
- by a letter sent to the address of the Service Provider: Grudziądzka 1-3, 87-100 Toruń, Republic of Poland
- A complaint should include:
- name and surname and an e-mail address of a User,
- description of a complaint,
- any potential User's request.
- Before reviewing a submitted complaint, the Service Provider may ask a User to provide additional information, if the information provided by a User, referred to in point 3, require clarification in order to properly review a complaint.
- The Service Provider provides a reply to a User within 14 days from the date of receiving a complaint.
- A reply to a complaint will be given to a User via electironic means of communication, to the e-mail address provided by a User.
§ 15 Final Provisions
- The law applicable to this agreement, concluded between a User or a User and the Service Provider is the law of The Republic of Poland. Any disputes related to the services provided by the Service Provider under these Regulations will be settled by the competent common courts competent for the Service Provider's seat. This does not exclude the possibility of the Consumer to pursue claim in a court competent jurisdiction in accordance with the provisions of applicable law.
- The Service Provider is entitled to amend the provisions of these Terms of Service. The amendment to these Regulations becomes effective on the date indicated by the Service Provider, however the date of entry into force of the amendment may not be less than 14 days from the moment of informing Users or Users by means of electronic communication, in particular via electronic mail and by using App.
- In case of any disputes arising between a User and the Service Provider, a Consumer may file a motion resolve a dispute via European Online Dispute Resolution Platform, available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. If a Consumer wishes to use mentioned platform, he or she should provide the following e-mail address of the Service Provider: firstname.lastname@example.org.
- These Regulations shall apply from 12 of May 2023.