CrewOps

1. Introduction and Acceptance

This Regulation defines the rules for using the SaaS application (the "Service"), provided by a natural person operating an unregistered business in the territory of the Republic of Poland (hereinafter: the "Service Provider"). Contact with the Service Provider is possible via the email address: janusz.kuznik@devsmith.eu.

By using the Service, the Client confirms that they have read this Regulation, understand its content, and accept all its provisions. If the Regulation is not accepted, the use of the Service is not possible.

2. Entitlement and Account Registration

1. The Service may only be used by entities conducting business activity within the meaning of Polish law (hereinafter: "Clients"). This Regulation does not apply to consumers within the meaning of the Civil Code.
2. An account in the application is set up by the Client or a person acting on their behalf.
3. Users of the application may only be persons associated with the Client, in particular: owners, board members, employees, co-workers, contractors, or other persons authorized by the Client.
4. The Client bears full responsibility for the actions of all Users using the application under their account.
5. By registering an account, the Client undertakes to provide true and current data and to update it promptly in case of changes.
6. The Client and Users are obliged to maintain the confidentiality of passwords and other access data. The Service Provider is not liable for damages resulting from unauthorized use of the account by third parties if this was a consequence of a breach of obligations by the Client or User.

3. Subscriptions, Payments, and Trial Version

1. The Service is provided in a subscription model, with the option to choose a billing cycle: monthly or annual.
2. Each Client has the opportunity to use a free trial period lasting 14 days from the moment the account is set up. The trial period may be used only once by a given Client.
3. Use of the trial version is entirely voluntary and does not obligate the Client to purchase a subscription.
4. After the trial period ends, the Client loses access to the application unless they decide to purchase a paid subscription.
5. Data entered by the Client during the use of the trial version will be stored and processed for a maximum of 6 months from the end of the trial, to allow for the potential use of this data in the event of a subsequent subscription purchase. Detailed information on data processing can be found in the Privacy Policy.
6. Payments are made in the currency selected by the Client and in the cycle chosen when setting up the subscription. The preferred form of payment is bank transfer. If payment is desired in another form, prior arrangement with the Service Provider is required.
7. The Service Provider provides for a refund of fees for a one-month period, provided that the Client is not in arrears with any payments to the Service Provider. In the event of a change in the price list, the refund amount will be calculated according to the price list applicable during the Client's last payment period.
8. The Client undertakes to timely settle payments for the purchased subscription. Failure to pay may result in suspension or limitation of access to the Service.
9. The Service Provider reserves the right to grant individual concessions from the above rules in favour of the Client, in particular for product promotion, testing new functionalities, or building long-term cooperation. Decisions such as these do not create obligations towards other Clients and are made at the sole discretion of the Service Provider.

4. License and Permitted Use

1. License to Use the Service – The Service Provider grants the Client a non-exclusive, non-transferable, time-limited license to use the application within the scope of the paid subscription. The license covers only the right to use the application's functionalities for Users assigned to the Client's account.
2. Permitted Actions – The Client and its Users may use the application only in a manner consistent with its intended purpose, in particular:
   • managing User accounts and permissions,
   • using the functions available in the application within the purchased subscription,
   • entering data in accordance with applicable legal regulations.
3. Prohibited Actions – The Client and its Users may not, in particular:
   1. copy, decompile, disassemble, or attempt to obtain the application's source code,
   2. share accounts or access data with unauthorized third parties,
   3. use the application in a manner that violates the law, good practice, or the rights of third parties,
   4. interfere with the operation of the Service, including the security or integrity of the system,
   5. use the application in an unauthorized manner, including, in particular, attempts to gain access to functionalities or data without appropriate authorization, in accordance with art. 267 and 269 of the Polish Penal Code,
   6. use the application in an unintended or unauthorized manner resulting from a User error or Service operation, including accidental access to functions or data for which the user had no authorization. If such a situation occurs, the Client or User is obliged to immediately inform the Service Provider to allow appropriate remedial actions to be taken.

   Legal Note: Unauthorized or attempted unauthorized access to IT systems is prohibited and subject to criminal liability under art. 267 and 269 of the Polish Penal Code.

4. Limitation of Liability – The use of the application is at the Client's risk. The Service Provider is not liable for damages resulting from improper use of the application by the Client or its Users, except for situations provided for by law.
5. Data Access – The Client retains full control over the data entered by its Users. The Service Provider processes data only to the extent necessary to provide the Service and in accordance with the Privacy Policy.
6. Right to Suspend or Limit Access – The Service Provider may temporarily suspend or limit access to the application in the event of a breach of this point by the Client or its Users, or for maintenance and security purposes of the Service, striving to inform the Client in advance if possible.

5. Liability, Limitations, and Warranties

1. Scope of Service Provider's Liability – The Service Provider undertakes to provide services with due diligence and within the scope of functionalities available in the application. However, the Service Provider is not liable for:
   • damages resulting from the Client's or its Users' incorrect use of the application,
   • data loss caused by the actions of the Client or its Users,
   • interruptions in the application's operation resulting from equipment failure, network, maintenance, or force majeure,
   • indirect damages or lost profits, unless otherwise provided by law.
2. Limitation of Warranty – The application is provided "as is," and the Service Provider grants no additional warranties, including warranties of fitness for a particular purpose, freedom from errors, or uninterrupted operation, other than those resulting from applicable legal provisions.
3. Obligation to Report Errors and Incidents – The Client and its Users are obliged to immediately inform the Service Provider of any errors, failures, or unauthorized access to the application to enable remedial actions to be taken.
4. Limitation of Liability in Case of Client Data – The Client retains full control over the data entered into the application. The Service Provider processes data only to the extent necessary to provide the Service and in accordance with the Privacy Policy. The Service Provider is not responsible for the content or correctness of the data entered by the Client or its Users.
5. Force Majeure – The Service Provider is not liable for the non-performance or improper performance of services caused by events beyond the Service Provider's control, including force majeure, failures of telecommunication operators, power outages, or other circumstances preventing the provision of services.

6. Complaints and Dispute Resolution Procedure

1. Filing Complaints – The Client has the right to file complaints regarding the operation of the application or the services provided. Complaints should be sent only to the Service Provider's email address provided in the regulation or in the client panel.
2. Complaint Resolution Deadline – The Service Provider undertakes to resolve the complaint within 14 calendar days from the date of its receipt. In case additional clarification is required, the Client will be immediately informed about the expected response date.
3. Scope of Complaints – Complaints may concern, in particular:
   • incorrect operation of the application,
   • technical errors preventing the use of the application's functionalities,
   • non-compliance of the provided service with the terms of the purchased subscription.
4. Dispute Resolution Procedure
   • In the event of a dispute arising from this Regulation, the parties undertake to engage in good faith negotiations to resolve the dispute amicably.
   • If negotiations do not lead to an agreement within 30 days from the date of the dispute notification, the dispute will be submitted for resolution to the competent common court according to the provisions of applicable law in Poland.
5. Limitation of Financial Claims – All financial claims of the Client against the Service Provider, resulting from the non-performance or improper performance of services, are limited to the amount of fees actually paid by the Client for a one-month period.

7. Final Provisions

1. The Client's contact details, including email, are the basis for service; emails are considered delivered upon sending, postal correspondence upon return after two notifications.
2. The Client is obliged to update their data; the Client is solely responsible for the consequences resulting from outdated data.
3. The Client may not transfer rights resulting from the subscription without the Service Provider's consent.
4. The Service Provider's liability is limited to the amount of fees actually paid by the Client for a one-month period.
5. All disputes are resolved by the court competent for the Service Provider's seat; the regulation is governed by Polish law.
6. The Service Provider may individually negotiate separate agreements that may fully or partially exclude the provisions of the regulation.
7. In matters not regulated herein, the provisions of law apply, including the Act on the Provision of Services by Electronic Means, the Civil Code, and the Act on Copyright and Related Rights.