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TERMS OF SERVICE OF THE KLOKKU APPLICATION

§ 1. General Provisions

  1. These terms of service (hereinafter: the “Terms of Service”) set forth the rules and conditions for the use of the “Klokku” application (hereinafter: the “Application”) and services provided by the Service Provider.
  2. The Application is used for tracking (monitoring) time and generating reports and is intended for both entrepreneurs and consumers.
  3. The Terms of Service constitute terms of service within the meaning of Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: the “Electronic Services Act”).
  4. The service provider is Mariusz Józala, conducting business activity under the business name Mariusz Józala Aetas (address of permanent place of business activity: ul. Leśna 8, 55-114 Wisznia Mała, Poland), entered in the Central Register and Information on Business Activity, holding Tax Identification Number (NIP): 8321896582, REGON number: 360561515 (hereinafter: the “Service Provider”).
  5. Contact with the Service Provider is possible via:
  1. electronic mail – at the address: contact@klokku.com,
  2. traditional mail – at the address: ul. Leśna 8, 55-114 Wisznia Mała, Poland.
  1. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services (Digital Services Act) (hereinafter: “DSA”), the Service Provider has designated a point of contact for direct communication with authorities of EU Member States, the European Commission, the Board for Digital Services, and Service Recipients of the Application in matters covered by DSA regulation. The point of contact is available at: contact@klokku.com.
  2. Before commencing use of the Application, the Service Recipient is obliged to familiarize themselves with the Terms of Service and the Privacy Policy.

§ 2. Definitions

Terms used in the Terms of Service written with a capital letter have the following meanings:

  1. Pricing – a document or information available in the Application or on the klokku.com website specifying the current price of the Service, Subscription Period, and other conditions indicated therein.
  2. Consumer – a natural person entering into a legal transaction with the Service Provider that is not directly connected with that person’s business or professional activity.
  3. Account – a panel created in the Application’s IT system, enabling the Service Recipient to use its functionalities.
  4. Non-conformity – means non-conformity of the Service with the Agreement (criteria for assessing conformity of the Service with the Agreement are specified in the provisions of the Consumer Rights Act).
  5. Trial Period – a period of 1 month during which the Service Recipient has the right to use the Services free of charge, serving to familiarize themselves with the Application’s functionality, provided that a payment method is attached.
  6. Subscription Period – the period for which the Service Provider makes the Service available to the Service Recipient in accordance with the Pricing (month or year).
  7. Subscription Fee – a fee paid by the Service Recipient in advance in exchange for the Service, determined in accordance with the Pricing in effect at the time of its ordering.
  8. Opinion – the Service Recipient’s opinion about the Application, including a description of the Service Recipient’s experiences related to using the Service.
  9. Privacy Policy – a document containing information about the processing of Service Recipients’ personal data by the Service Provider.
  10. Terms of Service – this document.
  11. Service Recipient Content – all data (including data on reported time), electronic files, information, and materials saved by the Service Recipient on the Account.
  12. Agreement – an agreement for the supply of digital content within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to supply to the Service Recipient the Service of using the Application (free of charge during the Trial Period, and subsequently for a fee); a condition for entering into the Agreement is the creation of an Account.
  13. Service of using the Application/Service – a digital service within the meaning of the Consumer Rights Act, consisting of enabling the Service Recipient by the Service Provider to use the Application’s functionalities.
  14. Service Recipient – a client (Entrepreneur or Consumer) using the Application.
  15. Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
  16. User – a person using the Application who is a Consumer.

§ 3. Technical Requirements, Principles of Using Services, and Security

  1. For proper use by the Service Recipient of services provided by the Service Provider via the Application, the following are jointly necessary:
  1. connection to the Internet,
  2. possession of devices allowing use of Internet resources (computer or mobile device with a current web browser),
  3. possession of an active email account.
  1. Within the Application, Service Recipients are prohibited from using viruses, bots, worms, or other computer codes, files, or programs.
  2. The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content (SSL).
  3. The Service Provider informs that despite the use of security measures, using the Internet involves risk. To minimize threats, the Service Provider recommends using antivirus programs.
  4. Use of the Application is paid, subject to the free Trial Period.
  5. A Service Recipient using services provided by the Service Provider is obliged to provide only data consistent with actual facts.

§ 4. Agreement for Supply of Service and Account Management

  1. Under the Agreement, the Service Provider enables the Service Recipient to use the Application’s functionalities.
  2. In order to enter into the Agreement and commence the Trial Period, the Service Recipient should perform the following actions:
  1. enter the website app.klokku.com and select the option to create an account (“Create account”),
  2. provide an email address to which they will receive an access code (passcode) or use another login method (password/passkey),
  3. accept the Terms of Service and Privacy Policy by checking the appropriate box (checkbox),
  4. select a subscription plan and provide payment card details required by the payment operator (Stripe).
  1. Providing payment card details is necessary to commence the free Trial Period. The Service Recipient will not be charged a fee at the time of commencing the Trial Period.
  2. Upon expiry of the Trial Period (1 month), the Agreement automatically converts into a paid Agreement for an indefinite period, and the first Subscription Fee will be charged from the Service Recipient’s payment card, unless the Service Recipient cancels the subscription before the expiry of the Trial Period.
  3. The Service Recipient may at any time resign from subscription renewal via Account settings or by contacting the Service Provider.
  4. Deletion of the Account and export of data (Service Recipient Content) takes place at the express request of the Service Recipient. In order to delete the Account or receive a copy of their data, the Service Recipient should send an email message to: contact@klokku.com. The Service Provider will fulfill the request without delay, no later than within 30 days.
  5. The Service Provider deletes the Account without delay after receiving instructions for its deletion or after termination of the Agreement. Deletion of the Account is tantamount to permanent deletion of all Service Recipient Content after the archiving period ends (if applicable).

§ 5. Fees and Settlements

  1. Prices of services in the Pricing are expressed in USD. In the case of Consumers from the European Union, unless provisions state otherwise, the stated prices are gross prices (include VAT).
  2. Payments are processed via an external payment operator (Stripe).
  3. The Subscription Fee is paid automatically, cyclically in advance (monthly or yearly, depending on the selected plan). The Service Recipient consents to cyclical charging of their payment card.
  4. Inability to collect the Subscription Fee (e.g., due to lack of funds on the card or card expiration) will result in suspension of access to paid functionalities of the Application until successful settlement of payment.
  5. The Service Provider may change the Pricing. A price change does not affect Subscription Periods already paid for. The Service Recipient will be informed of changes to renewable subscription prices with advance notice allowing termination of the Agreement before collection of the new fee.

§ 6. Complaints – Consumers and Entrepreneurs with Consumer Rights

  1. The provisions of this paragraph apply exclusively to Consumers and natural persons entering into an agreement directly related to their business activity, when the content of that agreement indicates that it does not have a professional character for that person (Entrepreneurs with Consumer Rights).
  2. The Service must conform with the Agreement. The Service Provider is liable for Non-conformity of the Service with the Agreement existing at the time of its supply and revealed within 2 years from that time.
  3. A complaint may be submitted via electronic mail to the address: contact@klokku.com.
  4. The Service Provider responds to the complaint within 14 days from the date of its receipt.
  5. In the event the complaint is accepted, the Service Provider brings the Service into conformity with the Agreement. If bringing into conformity is impossible or would require excessive costs, the Service Recipient may submit a statement of price reduction or withdrawal from the Agreement.

§ 7. Complaints – Entrepreneurs (B2B)

  1. The provisions of this paragraph apply exclusively to Entrepreneurs (B2B) who are not persons described in § 6 section 1.
  2. A complaint should be submitted within 30 days from disclosure of irregularities under penalty of loss of warranty/guarantee rights.
  3. The Service Provider considers the complaint within 30 days. The Service Provider’s liability under warranty is excluded to the broadest extent permitted by law.

§ 8. Right of Withdrawal from the Agreement

  1. A Consumer and an Entrepreneur with Consumer Rights has the right to withdraw from the Agreement without giving reasons within 14 days from the date of entering into it.
  2. In the case of a subscription model with a Trial Period, this right also applies within 14 days from the moment of collection of the first Subscription Fee after the end of the Trial Period.
  3. To exercise the right of withdrawal, a statement should be sent to the email address: contact@klokku.com.
  4. In the event of withdrawal, the Service Provider refunds all received payments without delay, no later than within 14 days from the date of receipt of the statement. Refund of payment is made using the same method of payment that the Service Recipient used.

§ 9. Service Recipient Content and Opinions

  1. It is prohibited to place in the Application Content that is unlawful, violates personal rights of third parties, incites violence, or violates copyright.
  2. The Service Provider verifies reported violations (Notice and Action). Reports may be directed to contact@klokku.com.
  3. In the event a violation is found, the Service Provider may block access to Content or delete the Service Recipient’s Account, informing them of the reasons for the decision.

§ 10. Liability and Service Level (SLA)

  1. The Service Provider provides Services with due diligence, however does not guarantee uninterrupted availability of the Application (“best effort” model).
  2. In relations with Entrepreneurs (B2B), the Service Provider’s liability for lost profits is excluded, and total liability under non-performance or improper performance of the Agreement is limited to the amount of the last Subscription Fee paid by the Service Recipient.
  3. The Service Provider is not liable for interruptions in the Application’s operation resulting from force majeure, actions of telecommunications operators, or necessary maintenance work.

§ 11. Intellectual Property

  1. All rights to the Application, including source code, interface, logo, and the name “Klokku,” belong to the Service Provider and are subject to legal protection.
  2. The Service Recipient receives only a non-exclusive, revocable license to use the Application to the extent necessary to use the Service in accordance with the Terms of Service, for the duration of the Agreement.

§ 12. Amendment of the Terms of Service

  1. The Service Provider may amend the Terms of Service in the event of changes in legal provisions, technological changes in the Application, or changes in the business model.
  2. Service Recipients will be notified of amendments to the Terms of Service by email with at least 14 days’ advance notice.
  3. Failure to terminate the Agreement within the period indicated in the notification signifies acceptance of the new Terms of Service. In the event of non-acceptance of changes, the Service Recipient has the right to terminate the Agreement with immediate effect.

§ 13. Final Provisions

  1. The law applicable to the Agreement is Polish law. The choice of Polish law does not deprive the Consumer of protection granted to them under provisions that cannot be excluded by agreement, by virtue of the law of the country in which the Consumer has their habitual residence.
  2. Disputes with Entrepreneurs (B2B) will be resolved by the court with jurisdiction over the Service Provider’s registered office.
  3. A Consumer has the possibility to use extrajudicial methods of complaint resolution and pursuing claims, including via the ODR platform (http://ec.europa.eu/consumers/odr).