Approval hereof and obtaining of the representations indicated in it is a precondition for using the Services.
III. SCOPE OF SERVICES
Services shall be provided on the basis of the OKOAPP Service and the OKOAPP application installed on the Employees’ computers.
Under the subscription, MSSI provides Services involving tracking the Employees’ activities during their work in the computer system on the device on which the OKOAPP application has been installed, and reporting them to the User’s account.
As a part of the provided Services, the OKOAPP records the following information pertaining to the Employee’s work at one-minute intervals:
A number of clicks of a mouse,
A number of movements of a mouse,
A number of strokes on a keyboard,
Information about an active application (an application name, a title presented by the application on a title bar and the URL address, if the Internet browser is an application)
A screenshot (saved every 10 minutes, provided that the Employee’s activity has been detected on the basis of the a-c points)
The OKOAPP Service stores the statistics (the information on the activity of the mouse and the keyboard and the information about the launched application) in the period of provision of Services. Screenshots are stored for 3 months; thereafter, they are removed automatically. Having logged into the Service, a User has an on-line access to all saved information i.e. reports pertaining to specific Employees, including screenshots.
When signing in to use the Services, the User grants consent to store data referred to above as well as ensures obtaining such a consent from an Employee.
As a part of the Services, a Client receives access to the tools required for operation of the OKOAPP.
Services under the OKOAPP system are provided without any territorial limitations.
MSSI has a right to make decisions about functionality, use, subject and an extent of specific Services, as well as to discontinue provision of Services at any time.
MSSI has the exclusive right to make decisions on the character and the nature of the System as well as unrestrained adding, amending or removal of its specific components.
IV. OBLIGATIONS OF THE PARTIES
Under the Agreement, MSSI agrees to provide Services for the Clients, within the extent and pursuant to the terms and conditions set forth herein and the Price List, pursuant to the provisions of the law generally applicable in the territory of the Republic of Poland.
The System is intended for the business entities, for commercial and professional use.
MSSI shall not check data (including screenshots) obtained by the User as a part of the Services in any way.
Under the Agreement and while using the System, the Client, the User and the Employee shall be particularly obligated to:
Inform the Employees about the use of the System and the principles of its operation, as well as receipt of the consent for the collection of the information, including these on active applications and making screenshots;
Comply with all effective regulations including, but not limited to, any and all regulations pertaining to personal data protection, privacy and labor law legislation within the extent related to the use of the System;
Act only on behalf of the Client relative to whom the User holds all consents required by the legal regulations;
Keep passwords and all other log-in data confidential;
Monitor and control all activity performed via the account relative to the Services;
Notify the MSSI immediately about any illegal or unauthorized operations or violation of the security pertaining to the account or suspected illegal or unauthorized operations, including loss, theft or unauthorized disclosure or use of the user’s name, password or account
It shall be forbidden to:
Allow the third parties not being an authorized User to obtain access to the Services or to use the User’s name or the User’s password;
Give access, transfer or provide access to the User’s account to another person in any other way;
Use the System without notifying an Employee, and also in order to interrupt, prevent or affect automatic processing, collection or transfer of the IT data in any way or to obtain any information, which the User is not authorized to obtain;
Send any data, files, software or a link that contain or redirect to a virus, Trojan, worm or any other malware or a harmful technology that illegally obtains access or downloads the information stored in Services or on the MSSI or any third party’s equipment, to the Services or from the Services;
Reverse engineer, decompile, hack, switch off, interfere, disassemble, modify, copy, translate or disrupt functions, functionalities, integrity or efficiency of Services (including any mechanisms used for limiting or controlling functionalities of the Services) subject to Article 75(2) and (3) of the Law on copyright and neighboring rights.
Any use of the Services by third parties or any third parties’ data contained therein (except for the cases when such limitations are forbidden by the effective legislation);
Undertake attempts to obtain unauthorized access to Services or related systems or networks or to overcome them, avoid, bypass, remove, deactivate or in any other way bypass any software protection mechanisms or mechanisms that monitor the Services;
Obtain access to Services in order to build a similar or a competitive product or a service or copy any ideas, functions or graphics of the Services;
Impersonate any other person or entity including, but not limited to, our employee, “Controller”, “Owner” or any other authorized User or make fraudulent misrepresentations or mislead in any other way in terms of belonging to a person, organization or entity;
Obtain access to Services in any other way than by our publically accessible interfaces (e.g. establishing collective accounts);
Send amended, fraudulent or false information identifying the source, including “falsifying” or “phishing”;
Sublicense, resale, provide access to or use the Services in any other way;
Use the Services for consumer purposes also for personal purposes, unrelated to professional business activities, because the OKOAPP is designed for use by business entities and organizations;
Use of contact data or other information obtained from the Services (including e-mail addresses) to contact any persons without their consent or authorization or to make or distribute mailing lists or other sets of contact information or users’ profiles for the Authorized users to use outside of the Services; or
Allow, include, make or encourage third parties to perform any of the aforementioned forbidden actions.
A detailed scope of the User’s obligations will be each time set forth in the “Acceptable Use Policy” to be found on the following website ….. that defines a list of acceptable and unacceptable behaviors relative to the Services and constitute its integral part
In case it is found that violation of the aforementioned principles and the principles set forth in the “Acceptable Use Policy” is repeated or it reasonably poses risk of loss for other Users, MSSI clients, the Services or third parties, MSSI shall have the right to suspend or block access of a User.
V. TERMS AND CONDITIONS OF SERVICE PROVISION
The use of Service is possible provided the Client meets the following technical requirements that are necessary for cooperation with the MSSI tele-IT system, including:
Availability of a device with access to the Internet, fitted out with a browser enabling viewing HTML documents on the screen of the device and an active e-mail account.
Proper use of the Service shall be possible only after meeting the aforementioned requirements.
In order to meet the obligation arising from Article 6 of the Law on electronic provision of services, MSSI informs that:
The use of the Services may involve a standard risk related to the use of the Internet and recommends taking precautions to minimize it,
It is recommended that the Client, the User and the Employees, in order to protect themselves against the hazards related to the use of Internet, should use the contents provided via Internet in a responsible manner, including using of the means that ensure security.
A User and/or Employees should not use computers or any other devices that are not protected against unauthorized access of third parties.
MSSI specifically disclaims any responsibility for the problems or any technical limitations in the computer system or a failure to meet technical requirements by the Client.
The Client shall bear the costs of the use of the Service.
The User of the OKOAPP must be adult, fully capable of performing legal actions and must be subject to rights and obligations.
The User shall be obligated to
Obtain consents of the Client’s legal representatives to use the OKOAPP relative to specific Employees
Obtain all required permissions and the Employees’ consent, which are required for proper use of the services provided by MSSI
Ensure that the transfer and processing of data is legal
Provide answers and handling disputes related to the OKOAPP services relative to employees
The User acknowledges and agrees that MSSI does not provide any guarantees nor bear any responsibility to the user or any parties with regard to any issue related to the legality of the use of the OKOAPP.
VI. REGISTRATION, ACCESS TO THE SERVICE
MSSI shall provide services via the Internet.
Access to the Services may be obtained upon registration of the account, by logging into the OKOAPP System website or via the computer or mobile OKOAPP Application.
At the registration, the Client shall be obligated to enter the following data required for provision of the Services by MSSI:
First and last name and the name of the company he/she represents
Company’s registered office address (street, number, postal code, city)
NIP [Tax Identification Number], VAT ID
Electronic mail address (e-mail),
The data provided during the registration must be consistent with the factual and legal situation.
In case of the business entities, the registered office of which is located in the European Union states other than Poland, the tax ID (VAT) will be verified in the VIES data base of the European Commission. In case the number is recognized as incorrect or invalid for trans-border transactions within the EU, the registration in the OKOAPP Service will not be possible.
As a part of the registration in the Service, the Client also:
Declares a number of Employees the activity of whom is to be tracked,
Provides the following data of the Employee:
Employee’s full name
Is obligated to install the OKOAPP application in the computer systems that the indicated Employees use.
In case of the amendment of any of the data referred to above, the Client shall be obligated to immediately make amendments within their Account.
The added employee may, at any time, be blocked by the User. Blocking of the employee shall result in the following:
Discontinuation of the employee’s activity recording
Blocking the access to the summary of the employee’s own activity for such employee.
The User may, at any time, initiate the account deletion procedure. The account deletion procedure shall last 7 working days; at such time, the information on the Employees and their activity is being deleted. The Company’s data and the financial settlement data (invoices) shall remain in the system for the period of time required by law.
MSSI reserves the right to implement technical downtime in the System operation in order to improve it or to eliminate failures, of which they will inform the User each time.
VII. USER’S ACCOUNT, APPLICATION
After registration in the Service, each Client will be allocated the User’s account, a specific login and password that may not be used by third parties without the Client’s or User’s consent. The Client and the User shall be responsible for the maintenance and the proper securing of the account.
The Client accepts technical requirements necessary for the use of the System (Service and Application) and has no objections pertaining to them.
MSSI reserves the right to access the User’s account and the Employees’ accounts in the Application for technical or administrative reasons and for security reasons. The information obtained in this way will not be processed or disclosed to third parties, unless it is required by law.
VIII. TRIAL PERIOD
After opening an account in the Service, the User shall have the right to test the OKOAPP application as a part of the trial period, which is free of charge.
The trial period shall last 7 days counting from the moment of confirmation of the e-mail address of the registering person.
During the trial period, the User shall have an option to register maximum three Employees and start tracking them. If a user wishes to register more than three Employees prior to the expiry of the trial period, the trial period will be shortened, and the Client shall be obligated to pay the Subscription Fee according to the Price List.
If the User deletes the account prior to the expiry of the trial period or deactivates all registered employees, the OKOAPP will not collect the fee for the use of the System.
IX. EXECUTION OF THE AGREEMENT, PAYMENT RULES
Upon expiry of the trial period, the paid period of provision of Services shall begin and the Client shall be obligated to pay the Subscription Fee in the amount indicated in the payment form, pursuant to the amount provided in the Price List.
A proper registration in the Service, acceptance hereof, and the selection of the payment method shall be a precondition for the effective Services purchase transaction. Payments methods are set forth in Article VII hereof.
The OKOAPP shall automatically collect the amount in the amount indicated on the User’s account pursuant to the Price List from the pre-paid account or a credit card provided during the registration of the User’s account for every month of the provision of Services, in advance.
If the OKOAPP is unable to collect the amount due for the provision of Services from the provided payment card in whole (in case of inability to make pre-authorize hold in the relevant amount on the payment card or a lack of funds in the bank account) or there are insufficient funds on the pre-paid account to collect the payment as a whole:
It makes attempts for three days in a row, informing the User about this fact. At this time, the OKOAPP continues to register the employees’ activity.
After three days of the maturity date have lapsed, the registration of the activity of the specific Employee/ Employees is suspended (pre-deactivation), the User receives an e-mail about the fact that the application installed on the Employees’ computers displays the information “The Employee deactivated due to the lack of payment”.
If within one month of the maturity date of the payment that has not been collected for the aforementioned reasons, the User:
resolves the payment problem, the due amount will be collected and the registration of the employees’ activity will be resumed;
does not resolve the payment problem, the due amount will be cancelled and the employee’s account will be blocked.
MSSI shall not be responsible for the lack of purchase for the reasons set forth in paragraphs 4 and 5 above.
In order to release the block of the account the User is required to perform the re-activation procedure and pay remuneration in line with the Price List. Resuming of the registration of the employees’ activities will take place upon successful payment of the remuneration for the period during which the Services are to be provided.
In order to add a new employee, the amount due for the month needs to be paid in advance. The OKOAPP will commence recording of the employee’s activity upon the successful payment.
The OKOAPP shall collect the entire required amount. The OKOAPP shall not collect the amounts in parts. If the OKOAPP does not have an option to collect the whole amount, the collection will fail with all relevant consequences.
Blocking an employee shall not cause reimbursement of the collected amount due for a month in advance, however the OKOAPP will not collect the amounts due for the blocked Employee for the following months.
Deleting the User’s account from the OKOAPP shall not result in the reimbursement of the due amount collected in advance for the month. The amounts remaining on the user’s pre-paid account shall be returned on demand, if their value if more than the equivalent of EUR 20.00.
X. PAYMENT METHODS
MSSI shall provide the following payment methods for the use of the Services:
Credit card payment
The User shall have an opportunity to make a pre-payment to the account, by bank wire transfer to the OKOAPP bank account.
In order to provide a fund injection to a pre-paid, a user should initiate the procedure of fund injection via the User’s account. The OKOAPP generates a bank account number for the User and the payment title. The payment should be made to the provided bank account number, with the generated payment title. Sending the transfer of funds without initiating the fund injection, to another (e.g. former bank account) or without providing a proper payment title may prevent the payment registration on the User’s account or significantly delay the procedure.
Collection of the due amounts from the account
The OKOAPP shall collect the due amounts from this account at the moment they become due
The OKOAPP shall collect the whole amount due from the pre-paid account if the balance of funds in the pre-paid account is higher than or equal to the amount due. The OKOAPP shall not collect the amounts in parts. If the OKOAPP does not have an option to collect the total amount, the collection will fail with all relevant consequences.
At the end of each month, the OKOAPP shall check the amounts of fees and if their amount is higher than the balance of in the pre-paid account, the OKOAPP sends the notification to the User on the necessity to provide fund injection to the pre-paid account.
The invoice for provision of the Services, for the amounts deposited on the pre-paid User’s account shall be issued at the end of the month.
Deleting the User’s account from the OKOAPP shall not result in the reimbursement of the remuneration collected in advance for the month. The amounts remaining on the pre-paid account shall be returned on demand if their value if more than the equivalent of EUR 20.00.
In order to process credit card transactions, the OKOAPP shall use the services of the selected Service Center.
When selecting a credit card as a payment method, it pre-authorizes its use for future payments.
The pre-authorization procedure results in the temporary hold of a specific, small amount (approximately USD 1.00) on the credit card. This hold shall be released within a few days..
The OKOAPP shall collect the due amounts immediately when they become due.
As the User may add employees at any time, it may result in multiple transactions within a month.
The OKOAPP transactions shall be visible in the bank statement as originating from 'Pyl*okoapp.eu'
The OKOAPP shall issue invoices for provision of Services, for which the remuneration was collected from a credit card at the end of a calendar month in which the amounts were collected.
Payments are serviced by PayLane sp. z o.o. which is located in Gdańsk at ul. Norwida 4, zip code: 80-280, KRS: 0000227278.
MSSI represents that it is a creator of the System including the OKOAPP Service and the OKOAPP Application and holds the entire economic copyright to the System pursuant to the provisions of the Law on copyright and neighboring rights, as well as MSSI is entitled to exercising its moral rights.
The Licensee may install and use the Application on one device used by the Employee covered by the Agreement.
The Licensee shall be prohibited from modification, disassembling and copying the Application as well as from generating derivative products on the basis of the System as well as from granting sublicense to such Application.
The Licensee shall be prohibited from letting, leasing, re-selling or renting the Application or its copy to third parties.
XII. CONSUMERS’ RIGHTS
The OKOAPP is a tool intended for business entities; it may not be used by consumers or by entrepreneurs who are self-employed (sole traders) for any other purpose than professional use.
To the maximum extent permitted by law, the Client acknowledges and agrees that the provisions of the consumer law shall not apply.
If in specific jurisdiction exclusion of the consumer law is not possible, and the OKOAPP services are not consistent with the local consumer law, the Client shall be obligated to report such fact to MSSI. In such case, after the legal analysis and the analysis of options, MSSI will provide the response to the Client about an option to enhance the OKOAPP or about a necessity to discontinue using the OKOAPP by the Client.
XIII. LIABILITY, DISCLAIMERS
The OKOAPP may not be used for any abuse of law or unauthorized access to any data or information. The OKOAPP may not be used by the User/Client to perform any actions infringing the information security or protection.
The Client shall be obligated to inform the User about the aforementioned restrictions and the scope of the prohibited actions.
If the Service or any part of it is not completed or is completed improperly for the reasons beyond the MSSI’s control, MSSI shall not be liable for the resulting damage.
MSSI shall not, in particular, be held liable for any of the following:
Losses and damage suffered by the Client in relation to the performance of the executed Agreement.
Losses and damage suffered by the Client due to the Client’s failure to meet his/her payment obligations relative to MSSI, and also involving suspending or discontinuation of provision of the Services.
Arising out of Force Majeure
Disruption of availability of the Services for the reasons beyond the MSSI’s control including, in particular, the failure of the System – the Service or the Application;
For the lack of accessibility to the System – the Service or the Application arising from technical downtime, about which the User has been notified.
The losses and damage arising from the use or inability to use the System, including the loss of the expected benefits, loss of data, damage or failure of the computer, costs of the replacement equipment and software, closing or infringement of the company’s reputation;
The complaint processing deadline shall be 14 days of the complaint receipt date.
Representations, notifications, information and any and all inquiries should be submitted electronically via e-mail to the following address: registered in the User’s profile i.e. the address provided during registration or provided on a later date.
The User shall be obligated to notify MSSI about the change of the e-mail address.
All communication sent to the user to his/her e-mail address provided in the user’s profile will be considered to be delivered after 24 hours counting from 8:00 a.m. of the first working day in the user’s country after the message was sent by MSSI.
All correspondence pertaining to OKOAPP should be sent to the following address: firstname.lastname@example.org.
All communication sent to MSSI may be considered to be delivered after 24 hours counting from 8:00 a.m. of the first working day in the MSSI’s country, after the message was sent.
XVI. TERM AND TERMINATION OF THE AGREEMENT
The Agreement shall be executed between MSSI at the moment of opening an account in the Service and shall last until it is terminated, without a necessity of submitting separate declarations of will by the Parties.
The Agreement may be terminated by each Party in writing, at any time, without a reason, with an effect as of the end of a calendar month.
The Agreement may be terminated by MSSI without a notice period in a form of closing the User’s account:
In case of a failure to pay the remuneration pursuant to the principles described in these Regulations;
If the Client acted to the detriment of MSSI;
If the Client used the account in the Service in a manner contrary to its intended use and the scope of functions or without the Employee’s consent;
If the Client acted contrary to the law or in a manner posing a risk to data security.
Closing the User’s account causes closing the accounts of all Employees.
Termination of the Agreement by the Client required checking a relevant option in the System; failure to do so shall entitle MSSI to charge a fee for the next month of Service provision.
Upon termination of the Agreement, MSSI removes the User’s account and any and all recorded data pertaining to the Employees.
Removal of the account in the Service is permissible only by a User being the owner of the account. In order to do that, please use the “Remove account” function and confirm the decision on removal of the account. After the account was removed, there will be an option to retrieve it within 7 days of the date of its removal by …… [to be completed]. After 7 days, the account would not be retrievable.
MSSI shall not bear any liability for the losses inflicted by removal of the account by the Client.
XVIII. FINAL PROVISIONS
The Client shall not have a right to transfer his/her rights arising from the Agreement.
Any and all disputes shall be resolved by a common court having jurisdiction over the MSSI’s registered office.
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