STKTK Terms of Service

Definitions

Application

mobile application and web application available at https://stktk.com/, owned by STKTK

Price list

a list of prices presenting, in a comparative manner, Fees and their scope in the context of Plans

Data

information and materials entered by Users into the Application or generated via the Service

Account

service provided electronically; separate individually for the User, a modifiable part of the Application, in which Data, information about orders and User’s activity are collected in particular

Venue

single location, whose owner or manager is the Service Recipient

Subscription period

monthly, yearly or individually agreed period with the User, for which the Fees are paid; The subscription period ends on the day that the name or date corresponds to the initial day of the Subscription Period, and if there was no such day in the following month – on the last day of the given month

Demo period

the period of providing the Services, for which the Customer is not obliged to pay the Fees

Fee

monthly subscription payment, the amount of which depends on the scope of the Services, as specified in the Price List

Plan

a variant determining the material scope of the Services, chosen from among the options provided by STKTK

Privacy Policy

a document regulating the security of privacy protection and User’s personal data processing; The Privacy Policy is an integral part of these Regulations and is available at [email protected]

GDPR

Regulation 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 (Data Protection Directive) L119, 4 May 2016, p. 1–88

Technical break

connected with the necessity to carry out maintenance or modernization works, interruption of access to the Application, preventing or hindering the use of the Services

Regulations

these regulations for the provision of Services via the Application

Force Majeure

an event which could not have been foreseen while maintaining the diligence required in professional relations, which is external to both STKTK and the User, and which they could not oppose, acting with due diligence

STKTK

Service provider, STKTK sp. o.o., ul. Stanisława Sulimy 1/226, 82-300 Elbląg, entered in the register of entrepreneurs kept by Sąd Rejonowy w Olsztynie, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego, registration number KRS 0000633351, REGON: 365218578, NIP: 5783121448, possessing share capital in the amount of PLN 5,000 paid in full; STKTK e-mail: [email protected]

Agreement

contract for the provision of Services concluded for an indefinite period between STKTK and the Customer, the general provisions of which are set out in these Regulations, and detailed – the Plan chosen by the Customer

The Agreement of Entrustment

contract for entrusting STKTK with the processing of personal data, the administrator of which is the Customer, concluded to the extent necessary to perform the services by STKTK

Services

services provided electronically by STKTK on the basis of the Agreement, consisting in providing functionalities for measuring liquids, data analysis, employee management, generating documents and reports, in the scope defined by the Plans

The Client

User, containing the Agreement with STKTK

User

an entity with full legal capacity, authorized by the Service Recipient to use the Application, in particular a Client’s employee

All definitions and expressions used in these Regulations are applicable to the Agreement, as well as other activities related to the performance of the Agreement by the Parties.
In the e-mail correspondence of the Parties, the above terms written with a lowercase letter have the meaning as defined in the Regulations, unless the sender clearly indicates otherwise.
INITIAL PROVISIONS
1. These Regulations define the conditions for the provision of Services by STKTK, as well as the rights and obligations of Users and STKTK. STKTK performs Services under the Agreement. Persons using the Services or Application are bound by the Agreement.
2. The law applicable to the obligations arising from the Agreements and Regulations is the Polish law. Contracts related to the provision of Services are concluded in Polish or English, depending on the choice of the version by the User.
3. The User may use the Application only after having read the Regulations and agreeing to the terms set out in it. If the User does not accept the Regulations, he may not use the Application or Services.
4. STKTK does not publish offers submitted in electronic form on the websites or in the Application within the meaning of the Civil Code. In particular, the provisions regarding the submission of an offer in electronic form do not apply.
APPLICATION
1. In order to use all the functionalities of the Web Application, the following minimum technical requirements must be met on the part of the User: a device with Internet access that allows the App interface to be displayed correctly; installed and current web browser: Opera 49 or a newer version, Mozilla Firefox 57.0 or a newer version, Safari 10.1.2 or a newer version or Google Chrome 62.0.3202 or a newer version; active e-mail account (e-mail); enabled cookies, installed and up-to-date software enabling integration of the Application with POS.
2. The mobile application can be downloaded using the online store HockeyApp, as well as Play Market (for Android). In order to install the Application, update its functionality and use the functionality of the Application, the following minimum technical requirements must be met on the User’s side: mobile device with Android 4.2 software or newer (for the Application version downloaded from Play Market), active e-mail account.
3. The STKTK weight connects to the smartphone via the Bluetooth protocol. In order to use the STKTK scales via the Application, you must have Bluetooth enabled.
ACCOUNT AND CONCLUSION
1. In order to create an Account and conclude an Agreement for the Test Period, the User completes the registration procedure using the form available in the Application. By submitting the Account registration application, the User declares that he acts on behalf of the Service Recipient and is hereby duly authorized to act on behalf of and for the benefit of the Customer.
2. Upon confirmation by STKTK of the Account’s registration, a Contract for an indefinite period shall be concluded between the Customer and STKTK, provided that the User confirms his / her right and / or authorization to open an Account and conclude the Agreement. If the User is not authorized or is not authorized in the relevant scope, the Agreement, including the Account Agreement, is invalid.
3. After activating the Account for the benefit of the Customer, the authorized person creates Accounts for employees selected by the Service Recipient. When they activate the link confirming the creation of the Account, they are bound by the Agreement. The Client bears full responsibility for the Users’ activity under the Application, as well as for removing the User from the Application, regardless of the circumstances.
4. Each User may have only one Account.
5. In the case of Users other than the Service Recipient, the Account may be removed only by the Service Recipient. Without prejudice to other provisions of the Regulations, in the case of the Customer, deletion of the Account is possible only with the termination of the Agreement.
6. STKTK may terminate your Account in the event of: (a) a breach of the terms of the Agreement, the Rules or applicable law; (b) taking actions by the User to the detriment of other Users, third parties or STKTK; (c) when STKTK is required to terminate the contract under the applicable law.
7. If the Account has been deleted by STKTK, in particular as a result of violations of the Regulations made by that User, STKTK may refuse to provide any further Services to this Customer.
DEMO PERIOD
1. STKTK provides Users with 30 days free testing of Services under the Agreement for a Demo Period. For the Demo Period, all provisions of these Regulations shall apply, respectively, regarding the conclusion of the Agreement and the consequences of termination or expiration, subject to the provisions regarding the Fee and the Subscription Period.
2. If the Recipient wishes to continue using the Services, then on the day of ending the Test Period, the User is obliged to pay the Fee indicated in the Plan chosen by the User. If the Recipient does not pay the Fee, the Agreement will automatically terminate unless the Parties have agreed otherwise.
CONDITIONS FOR PROVIDING SERVICES
1. After the Demo Period ends, the User acting on behalf of the Customer selects and then pays the Plan, according to the rate specified in the Price List.
2. The User may terminate the Agreement at any time with effect at the end of the Subscription Period applicable at the time of giving notice, by sending STKTK an e-mail message stating the will to terminate the Agreement. The denunciation is effective upon receipt by STKTK of such a declaration of will.
3. Following the termination of the Agreement, or other termination of the Agreement, all information included in the Application in connection with the provision of Services to the User will be deleted and the User will lose their access irrevocably after 3 (three) months from the end of the Agreement.
4. It is forbidden to use the Services or the Application in a manner inconsistent with the provisions of these Regulations, applicable laws, good practices or rules of social coexistence. The user is prohibited from providing unlawful content. In particular, the User may not place information in the Application that may violate the law or which may be used for illegal purposes.
5. Under the Agreement, the Customer is granted an non-transferable, non-exclusive, unrestricted license to use the Application without the right to sub-license. This license is granted along with the acceptance of these Regulations and lasts for the entire duration of the Account. The license is limited to the number of Users and the premises indicated in the Plan. Unless indicated otherwise, any later versions, updates or other additions to the functionality of the Application will be subject to these Regulations.
6. STKTK reserves all rights to the Services and Applications not granted to the User in a clear manner under the Agreement. The Agreement does not allow the User, in particular, to: (a) reproduce, distribute, loan, sell or otherwise redistribute any indirect or direct Application, both paid and unpaid, bypassing STKTK, (b) modify, reverse engineer or interfere with another way in the Application software, (c) using and developing intellectual property belonging to STKTK to create your own products and services, (d) using intellectual property belonging to STKTK for an unlawful purpose or against STKTK. Any conduct fulfilling the above-mentioned conditions will be treated as a gross violation of the Agreement.
7. STKTK is entitled to change the elements and functionality of the Application or Services, and it undertakes that they will not constitute a deterioration of the quality of the Services. Such changes will not constitute a change to the Agreement.
8. If STKTK improves or updates the Application, its new version will be immediately implemented and made available to Users via the Service. The time to implement the upgrade or upgrade of the Application will be appropriate to the degree of complexity and complexity of the technical changes being made and may require a Technical Break.
PRICES AND PAYMENT
1. The condition for starting the provision of Services after the Test Period is the Customer’s prior payment, unless the User uses only the Free Services.
2. The Customer performs Fees in a manner made available by STKTK. Fees are paid in advance, every month throughout the duration of the Agreement.
3. The Service Recipient may agree to recurrent payments, which shall be suspended upon completion of the Agreement. If recursive payments are not possible in relation to a given Agreement, the Service Recipient will pay payments according to the dates indicated in the Account.
4. VAT invoices are issued in electronic form and sent to the e-mail address of the Customer indicated in the Account immediately after payment by him.
5. If the Customer does not pay the Fees for the next Subscription Period, STKTK after the expiration of the 14-day payment deadline set in the Reminder about the Charge, is entitled to block the Account with the option to re-activate it if the payment is made. If the Recipient does not pay the amount due in the time specified by STKTK again, STKTK is entitled to terminate the Agreement with immediate effect and delete the Account.
6. If the User does not regularly pay the amount due, STKTK is entitled to delete the Account, without calling for payment of the Fee.
7. The prices given in the Price List are net prices. STKTK is entitled to change the conditions set out in the Price List, which does not constitute a change to the Contract during the Subscription Period in which the Price List has been changed. In the absence of termination of the Agreement in connection with the end of the Subscription Period, the new Price List shall apply to the User at the beginning of the next Subscription Period.
8. If the Customer has chosen a six-month, twelve-month or more than one month subscription period for the Plan, and the Agreement is terminated before the end of the given Subscription Period (regardless of the reason), the User is obliged to pay to STKTK the difference resulting from the Fees for the given Plan within the six-month period. , 12-month or more than one month Subscription Period and the amount of the Fee for a given Plan within the monthly Subscription Period. The difference is calculated for the period when the User uses the Services falling within the scope of this Plan.
9. If the Customer has selected a six-month, 12-month or more than one-month Subscription Period for the Plan and it has been paid in advance and the Agreement is terminated before the end of the given Subscription Period (regardless of the reason), Fees shall not be refunded.
10. If the Agreement is not executed by STKTK for reasons attributable to it or the Fee has been unduly collected, the User may be refunded the Fee in whole or in part, in the manner in which it was collected.
DATA
1. The User authorizes STKTK to use and dispose of information and materials that it provides to the Application or makes available as part of the use of the Services, and allows STKTK to use Data for purposes of conducting research and analysis for its own use, in particular to improve the Application.
2. STKTK guarantees that the Data stored in the Application will not be made available to third parties or used by STKTK for its own purposes not related to these Regulations, except when it is made available under the obligation provided for by law.
3. If the information entered into the Application complements one of the databases belonging to STKTK (in particular the database of gastronomic products), they are included in such a database and become its integral part.
ENTRUSTING PROCESSING OF PERSONAL DATA
1. The User may provide personal information to use the Service as well as when using it and in communication with STKTK.
2. Providing personal data is voluntary, but necessary to use the Services offered by STKTK.
3. Any personal data that will be provided by the User or will be collected by STKTK about the User are processed in a manner consistent with the requirements set out in Polish law, and GDPR.
4. The administrator of personal data is STKTK.
5. STKTK may entrust the processing of collected Users’ personal data to another entity based on its contract for entrusting the processing of personal data.
6. STKTK informs that the recipients of personal data will be: entities providing the hosting of the Website, dealing with its security, authorized based on separate regulations, state authorities, providers of tools for website traffic analytics, communication with Users, marketing and newsletter mailing.
7. The User has the right to access their personal data and may verify or correct it, as well as delete it, by sending a request to STKTK.
8. The User also has the right to limit the processing and the right to transfer personal data. If personal data are processed in a manner that is not compliant with legal requirements, then the User will have the right to complain with the supervisory authority.
9. The User is entitled to object to the processing of his personal data in any case if they will be processed for direct marketing.
10. STKTK processes Users’ personal data and uses them to the extent and for the purpose necessary to provide the Service, as well as handling payments and issuing invoices.
11. The legal basis for processing personal data is art. 6 par. 1 lit. b and art. 6 par. 1 lit. f GDPR. The legitimate interest of STKTK is marketing of its own services.
12. STKTK, based on the additional and optional consent granted by the User, has the right to send marketing information to the e-mail addresses given to him. The consent referred to in the preceding sentence may be revoked at any time by the User. In the event of such consent, the legal basis for the processing of personal data will also be art. 10 of the Act of 18.07.2002 on the provision of electronic services and art. 172 of the Act of 16.07.2004. Telecommunications Law.
13. Personal data will be processed for the time needed to provide the Services to the User, and after the completion of their provision for the time needed to demonstrate the correct performance of STKTK’s obligations to the User. This period corresponds to the length of the limitation period for claims. Personal data processed in the scope of conducting marketing activities will be processed during the period of their conduct by STKTK or expressing an objection to the further processing of personal data for marketing purposes or withdrawing consent to send marketing information. Revocation of consent does not affect the lawfulness of processing prior to the withdrawal of consent.
14. STKTK applies the current technical data protection measures required by current provisions on the protection of personal data to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
15. Users’ personal data will be transferred to countries outside the European Economic Area, ie to the United States on the basis of the European Commission Implementing Decision of 12.07.2016 introducing the Privacy Shield (the so-called Privacy Shield). The data will be transferred only to entities certified under this decision, which obliges them to properly secure personal data. The User has the right to receive copies of my personal data that will be forwarded to such a country.
16. STKTK undertakes, when processing personal data entrusted, to protect them by applying appropriate technical and organizational measures to ensure compliance with GDPR, including an adequate level of security corresponding to the risk of violation of the rights or freedoms of data subjects.
17. STKTK undertakes to exercise due diligence in the processing of the personal data entrusted.
18. STKTK undertakes to authorize the processing of personal data to all persons who will process entrusted personal data, but it will only be persons who have adequate training in the protection of personal data and are necessary to achieve the purpose of this Agreement.
19. STKTK undertakes to ensure that persons who authorize the processing of personal data to perform this Agreement will commit themselves to secrecy or will be subject to the relevant statutory obligation of secrecy referred to in art. 28 para. 3 point b) of the Regulation, both during their employment in the entity being processed and after its termination. STKTK further ensures that the persons referred to in this paragraph will process personal data in accordance with the principle of necessary knowledge.
20. As far as possible, STKTK assists the User in meeting the obligation to respond to requests of the data subject and to fulfill the obligations specified in art. 32-36 of the Regulation. In the event of any requests to the Processor processing the rights of the persons to whom the entrusted data relate, STKTK immediately informs the User. By providing information, STKTK provides data to the sender and the content of the request and determines to what extent it is able to contribute to the request.
21. STKTK, after finding a breach of personal data protection, reports it to the User within 48 hours without undue delay.
22. STKTK is responsible for providing or using personal data in breach of the Agreement, in particular for providing unauthorized persons with access to personal data processed for processing.
23. STKTK undertakes to promptly inform the User about any proceedings, in particular, administrative or judicial, regarding processing by STKTK of personal data specified in the Agreement, any administrative decision or ruling regarding the processing of such data addressed to the Processor, and any planned, if known, or performed inspections and inspections regarding processing in the entity processing such personal data, in particular, those carried out by inspectors authorized by the President of the Office for Personal Data Protection. This section applies only to personal data entrusted by the User of the data.
RESPONSIBILITY
1. STKTK provides IT infrastructure and ensures its efficient technical functioning and in this field is responsible for the Application and the Service.
2. STKTK is not liable for damages resulting from: violation of the provisions of these Regulations by the User; providing the User’s login or password to his / her Account to third parties; malicious software (malware) activity unlawfully introduced into the Application by the User or third parties; Account deletion; termination of the Agreement by STKTK as a result of action or omission of the User; the content of reports and analyzes generated from the Account; short-term preventing or hindering access to the Application caused by the Technical Break; preventing or hindering access to the Application due to lack of integration with the POS or inability to connect the Application with the STKTK scales due to reasons attributable to the User’s device.
3. STKTK is not responsible for technical problems or technical limitations in the User’s equipment or devices that prevent the proper use of the Application and all its functionalities.
4. In terms of the Agreements concluded between STKTK and Users, STKTK is only liable in case of deliberate harm, within the limits of losses actually incurred by the User. In particular, STKTK does not provide any commercial guarantees in connection with the provision and use of the Services.
TECHNICAL EFFICIENCY OF THE APPLICATION
1. STKTK makes every effort to ensure proper functioning of the Application and undertakes to ensure the continuity of the Services, subject to the provisions below.
2. The above-mentioned obligation does not include events and their consequences related to: incorrect functioning of software external to the Application, including POS, beyond the control of STKTK; problems caused by loss of data due to reasons attributable to the User; unauthorized interference of the User or third parties with the Application; force majeure; Technical breaks.
3. If the interruption in the continuity of the Service is longer than 24 hours, the Subscription Period during which the Service was turned off is extended for free for a 24-hour shutdown period.
COMPLAINTS
1. The User has the right to lodge a complaint about the functioning of the Application and Services provided through it. A complaint should contain at least the data enabling identification of the User and indication of justified reservations and comments to the Application or Services. Complaints should be sent to the e-mail address [email protected] or the address of the registered office of STKTK indicated at the beginning.
2. STKTK will respond to complaints within 14 (fourteen) days from the date of receipt, if the complaint has been properly submitted. The User will receive a reply to the address from which the complaint was sent or to the address which he provided in the complaint.
CHANGING THE REGULATIONS
1. STKTK may change these Regulations at any time.
2. Users will be informed about the change in the Regulations in an e-mail sent to the address provided during the registration of the Account for 7 (seven) days before the entry into force of the new Regulations.
3. The new Regulations shall apply from the date indicated in its content as the date of entry into force. If the Recipient does not terminate the Contract prior to that date, it is considered that he has accepted the Regulations in the amended version without reservations, and it will be effective for all its Users.
FINAL PROVISIONS
1. The Service Recipient may transfer his rights and obligations under the Agreement and Regulations to another entity, after prior notification of STKTK about this fact and fulfillment of formal and technical conditions indicated by STKTK.
2. In the event of any discrepancies between the English version of these Regulations and any translation thereof, the Agreement in Polish is legally binding.
3. All disputes arising from the Agreements concluded shall be subject to the jurisdiction of Polish law and to Polish courts of general jurisdiction, competent for the seat of STKTK.