Regulations for the Provision of CALMEAN Services by Camo Code Sp. z o.o.
1. Subject of the Regulations
- 1. These Regulations define the rules for the provision of CALMEAN services by Camo Code Sp. z o.o. and access and use of the CALMEAN website and mobile applications (hereinafter referred to as ‘CALMEAN Services’).
- 2. CALMEAN services are provided by Camo Code a limited liability company (‘CamoCode’), with its registered office in Warsaw, ul. Stawki 2, 00-193 Warsaw, entered into the Register of Entrepreneurs by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register, under KRS number 0000502896, NIP: 9512378019, with share capital in the amount of PLN 50,000, telephone: (22) 355 23 40, e-mail: email@example.com
2. Subject of CALMEAN Services; payments; contract with CamoCode
- 1. The object and functionality of each CALMEAN Service and possible interoperability of the CALMEAN Services with computer hardware and software will be defined on the website www.calmean.com (‘Website’). For each CALMEAN Service, the amount of gross payment to be paid, in order to use such a service will also be indicated.
- 2. For the CALMEAN Services that are provided on a continuous basis, the Website will provide payments due for the given billing period of their provision (indicated on the Website).
- 3. Payments for continued CALMEAN Services will be payable to CamoCode in advance.
- Payments may be made by means of payment made available by CamoCode, as specified on the Website.
- n order to gain access to the Website / order, the user may also use the Justpay Activation Service in accordance with the rules posted on the Website’s website. A user using the access service provided by Polkomtel Sp. z o.o., under which he obtained the code, will not pay any fees for using the CALMEAN order service.
- The contract for the provision of the CALMEAN Service is concluded when the customer (‘Client’) submits the relevant statements through the Website or the Mobile Application, in accordance with the announcements posted on the Website or in the Application.
- In the case of CALMEAN Services provided on a continuous basis, the Customer may terminate the CALMEAN Service Agreement at any time by failing to pay for the subsequent period (which may require the removal of the CALMEAN subscription if the fee for the CALMEAN Services was subscription fees available from the payment intermediaries with which CALMEAN cooperates) and delete your account from the CALMEAN panel, by using the <DELETE ACCOUNT >. If the Customer has a SIM card belonging to CamoCode, he must return the card to CamoCode.
- 7. If the Customer does not make the payment for the next period, but does not delete the account, the CALMEAN Services will be provided until the end of the billing period for which the payment has been made and then paused until the payment is made.
- 8. In the event that the suspension of the service provision concerns the device with the SIM card belonging to CamoCode, it may deactivate the card. The new SIM card may be re-assigned to the user after making the appropriate payment to restore the service, however, the cost of assigning a new SIM card and sending the parcel shall be borne by the Customer.
- CamoCode shall be entitled to terminate the contract for the CALMEAN Service on a continuous basis, with one-month notice, informing the Customer at the email address provided by the Customer on the Client’s account established on the Website in accordance with § 4 of the Regulations.
- After terminating the CALMEAN Services contract, the Customer should stop using the CALMEAN Services and delete all copies of content related to such services that are in the Client’s possession and return the SIM card to CamoCode, sending it to the CamoCode address or deliver it in person.
- The Internet Service Provider may charge the Customer fees for using the transfer necessary for CALMEAN Services to operate.
3. Rules for using the CALMEAN Services; Complaints
- 1. In the case of CALMEAN Services based on using the application by the Customer or another work as understood by the Copyright and Related Rights Act, the Customer under the CALMEAN Service Agreement obtains non-exclusive right to use such work only for the purpose of using the CALMEAN Service in accordance with its functionality. The license does not entitle to sub-license and cannot be transferred to third parties.
- The license is granted for the duration of the contract for the provision of the CALMEAN Service.
- CamoCode remains the owner of all intellectual property rights related to the CALMEAN Services, subject to the customer license.
- CALMEAN services are in particular a group of tools for controlling the activity of users of the devices on which they were installed.
- 5. The Customer is obliged to inform third parties about the fact that CALMEAN Services have been installed on their devices, about the possibility of monitoring their activity on this device, and about the possibility of remote blocking of applications and other functions of the device on which they were installed.
- 6. In the case of CALMEAN Services which are provided with the use of a SIM card provided by CamoCode to the Customer in the device purchased by the Client from CamoCode, the SIM card – unless expressly provided for otherwise in the contract – remains the property of CamoCode. The customer has the right to use the SIM card only for the purpose of using the CALMEAN Service in accordance with its functionality. In particular, the Customer will not be entitled to remove the SIM card from the device, its transfer to other devices and its use for other purposes other than using the CALMEAN Services.
- CamoCode is responsible for the proper provision of the CALMEAN Services in accordance with the general provisions of the Civil Code and other legal provisions.
- In the event of irregularities in the provision of the CALMEAN Service, the Customer may submit a complaint to CamoCode via e-mail, to the following address: firstname.lastname@example.org or in writing to the address indicated in § 1 para. 2 of the Regulations.
- CamoCode will recognize the complaint no later than within 14 days of its receipt and inform the Customer at the address indicated in the complaint about its result.
- If the complaint is accepted (i.e. in the case of irregularities of the CALMEAN Services being carried out), CamoCode will immediately remove the irregularities. In the case of failure to remove the irregularity of the CALMEAN Service within 7 days from the date of accepting the complaint, the Customer will be entitled to terminate the contract for the provision of the CALMEAN Service with immediate effect.
- The Customer should use the CALMEAN Service in a manner compliant with these Regulations and applicable law, including the Client has no right to provide unlawful content.
- CALMEAN services may be used by the Customer only for personal use. The Customer shall not be entitled to use the CALMEAN Services for commercial purposes, including therein to not provide the CALMEAN Services to third parties or provide further services based thereon, unless CamoCode agrees to this in writing.
- All contents of the CALMEAN Services are protected by copyright and may not be copied, reproduced, duplicated, published, broadcast, modified, displayed, downloaded or used in any way other than necessary to use the CALMEAN Service in accordance with its functionality.
- The Customer may not use the CALMEAN Services in any way that may harm the CamoCode servers, in particular that lead to their damage, shutdown or overloading, as well as any interference in the CALMEAN Services, in particular to computer programs, including making changes in them.
- Use of the CALMEAN Services requires access to the Internet and appropriate software that may need to be updated Failure to meet these conditions may result in limited usability of the CALMEAN Services.
- Under the agreement with the client, CamoCode does not provide any third-party software or services.
4. Customer Account; Customer data
- In order to use the CALMEAN Services, the Client should set up an account on the Website or in the CALMEAN Control Center Mobile Application, in accordance with the instructions provided on the Website / Application.
- In order to create an Account, the Customer is obliged to fill in the registration form correctly and in accordance with the actual state.
- Creating a customer account may also require a phone number, password selection and login (username).
- In the event of a change of the Customer’s data, the Customer should update the data on the Customer’s account accordingly.
- The Customer should keep the password of access to the account confidential, and any instructions made on the Customer’s account using their password will be considered as made by the Customer.
- In case of unauthorized use of the Customer’s account, the Customer should immediately inform CamoCode.
- 7. The Customer acknowledges that CamoCode may provide Customer data provided in the registration process at the request of entities authorized to obtain such information under applicable law. In particular, in the case of devices with a SIM card, CamoCode will be entitled to transfer the data of the Customer using the given SIM card to the telecommunications operator.
- These Regulations shall be sent to the Customer at the e-mail address indicated by the Customer in the registration process.
- Under the agreement with CamoCode, the Customer gains access to the version of the CALMEAN Service in force at the time the contract is concluded.
- CamoCode reserves the right to update the CALMEAN Services, in which case the Customer will get access to the update without any additional fees.
- The CALMEAN Services Update may take place automatically or may require Customer’s acceptance and downloading the update from the source intended for that purpose.
- The update may cause limitation, modification or deletion of one of the functionalities of the CALMEAN Services, about which the Client will be informed. If the Customer does not agree to such changes, the Customer will be entitled to resign from the update, and if this is not possible – to terminate the contract for the CALMEAN Service.
- If CamoCode provides a CALMEAN Service update, failure to update may cause previous versions of the CALMEAN Services to malfunction (pending their upgrade).
- CamoCode reserves the right to add new features within the already existing CALMEAN Service. If the use of additional functions would be connected with any additional fees, downloading them (and using additional functions) will require the Customer’s consent.
6. Personal data protection
- The administrator of personal data provided by customers is Camo Code Sp. z o.o, with registered office in Warsaw, Stawki 2 Street, 00-193 Warsaw, entered into the Register of Entrepreneurs by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register, under KRS number 0000502896, tax identification number: 9512378019.
- Providing data during the registration of the Account and not withdrawing consent to the processing of data is voluntary, but necessary to register the Customer’s account and provide the CALMEAN Services.
7. Withdrawal from the contract
- The User has the right to withdraw from the contract for the provision of the CALMEAN Service within 14 days from the date of its conclusion, subject to the provisions of subparagraph 7 below.
- The Customer may use the CALMEAN Service before the deadline for withdrawal from the contract, if the Customer submits to the Website clear statements containing such a request.
- The customer may withdraw from the contract by submitting to CamoCode a declaration of withdrawal from the contract.
- The declaration may be sent to the following e-mail address: email@example.com.
- The Customer may use the following model statement of withdrawal from the contract: “I hereby inform you that I have withdrawn from the agreement for the provision of the CALMEAN Service concluded on ________”. An e-mail with a statement of withdrawal from the contract should contain the Customer’s name and surname and address. The e-mail should be sent from the Customer’s address provided on the Customer’s account.
- 6. In the event of withdrawal from the contract, CamoCode is required to immediately, no later than within 14 days from the date of receipt of the Customer’s statement of withdrawal, return all payments made from the Customer, provided that the Customer exercises the right to withdraw from the contract after submitting the request referred to in para. 2 above, the Customer is obliged to pay for the services fulfilled until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided.
- In the event that the content of the CamoCode Services is digital content that is not stored on a tangible medium, the Customer will not be entitled to withdraw from the contract, provided that the provisions commenced with the express consent of the Customer before the deadline for withdrawal and after informing him about the loss of the right to withdraw from the contract.
8. Changes to the Terms and Conditions
- Customers that have an account in the CamoCode Services are notified about changes to the Terms and Conditions using e-mail or notification on their CALMEAN panel.
- If the Store Terms and Conditions are changed during the time from the last login, the Customer either accepts the amended provisions or not. If the Terms and Conditions are not accepted, especially after they have been amended, using CALMEAN services are not possible.
- A Customer that does not accept the changes made to the Terms and Conditions has the right to delete their account at any time.
9. Final Provisions
To the extent not regulated in the Regulations, the provisions of applicable law, in particular the Civil Code and the Act on consumer rights apply. Date of publishing: 23 May 2018.