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Termos de Serviço
Before using the pulsemonitor.net Service, Users are obliged to familiarize themselves with the content of these Terms and Conditions.
Pulsemonitor Service Terms and Conditions
§ 1
GENERAL PROVISIONS
1. The service operating at pulsemonitor.net is managed by REDEAL LIMITED LIABILITY COMPANY registered with the Register of Entrepreneurs by the District Court for Kraków Śródmieście in Kraków, XII Commercial Department of the National Court Register under KRS number: 0000449093, with its registered office and delivery address at ul. Fiołkowa 25, 32-091 Michałowice, Tax Identification Number (NIP): 9452171733, National Business Registry Number (REGON): 122756670, email address (e-mail): support@pulsemonitor.net.
2. The service provides information about the computer application Pulsemonitor, offers the possibility to purchase licenses for its use, and operates according to the rules specified in these Terms and Conditions.
3. These Terms and Conditions define the types and scope of electronic services provided through the Service, the rules for providing these services, the conditions for concluding and terminating contracts, and the procedure for handling complaints.
4. Each User, upon taking actions aimed at using the Services of the Service, is obligated to comply with the provisions of these Terms and Conditions.
5. In matters not regulated in these Terms and Conditions, the following laws apply:
5.1. Polish Civil Code,
5.2. Act on the provision of electronic services of July 18, 2002,
5.3. Consumer Rights Act of May 30, 2014,
5.4. Act of February 4, 1994, on copyright and related rights,
5.5. and other relevant provisions of Polish law.
§ 2
DEFINITIONS
1. Regulations - these regulations.
2. Service Provider, Seller - REDEAL LIMITED LIABILITY COMPANY registered with the Register of Entrepreneurs by the District Court for Kraków Śródmieście in Kraków, XII Commercial Department of the National Court Register under KRS number: 0000449093, with its registered office and delivery address at ul. Fiołkowa 25, 32-091 Michałowice, Tax Identification Number (NIP): 9452171733, National Business Registry Number (REGON): 122756670, email address (e-mail): support@pulsemonitor.net.
3. Software - the computer program "Pulsemonitor" presented on the Service's pages.
4. Trial Version - The mode of operation of the Software that allows its use without using a License Key, in a limited scope, to explore its capabilities and functionality before deciding to make a purchase.
5. User, Service Recipient, Customer - a natural person, legal person, or organizational unit without legal personality, to which legal capacity is granted by law, who concludes an agreement with the Seller.
6. Consumer - a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.
7. Entrepreneur - a natural person, legal person, and an organizational unit that is not a legal person, to which legal capacity is granted by law, conducting business or professional activity on its own behalf.
8. Electronic service - a service provided electronically by the Service Provider to the Service Recipient through the Service.
9. Registration Form - a form available on the Service's website that allows creating an Account. The Registration Form enables creating an Account corresponding to a specific Service Recipient.
10. Order Form - a form available on the Service that allows placing an Order.
11. Account (Profile) - identified by an individual name (login) and a confidential password of the User, a set of resources in the Service's teleinformatics system, where the data of the Service Recipient is stored. A necessary condition for creating an Account on the Service is its registration and the acceptance of the Regulations. The User is responsible for the confidentiality of their password.
12. Order - an Order for the purchase of a license for the Software, submitted using the Order Form.
13. Placing an order - filling out the Order Form and approving the data contained therein, resulting in sending the Order for execution by the Seller.
14. Order execution - sending an email message by the Seller containing the license key for the Software.
15. License Key - an alphanumeric code enabling the activation and use of the Software according to the selected version during the order placement.
§ 3
PLACING AN ORDER AND ITS EXECUTION
1. The execution of Orders by the Seller is carried out in accordance with the provisions of the Regulations. Placing an Order using the Order Form on the Service's website means accepting the Regulations.
2. The prices provided in the Order Form are indicated in the currency (PLN, USD, EUR, GBP, AUD, BRL, KRW, JPY), depending on the Customer's choice made during the completion of the Order Form. Value Added Tax (VAT) is added to the prices if applicable to the specific buyer. Business entities entitled to deduct value-added tax on goods and services are required to provide their Tax Identification Number (NIP) or EU VAT number.
3. The Service provides services and sales exclusively to Customers who are not consumers within the meaning of Article 22 of the Civil Code. The Customer declares that they are not a consumer, and Orders are made directly in connection with their business or professional activity.
4. Before placing an order, the User is obliged to create an Account on the Service.
5. When creating an account, an agreement is concluded for the provision of an Electronic Service consisting of maintaining an Account on the Service. It is concluded for an indefinite period.
6. The purpose, scope, and duration of the processing of the User's personal data are defined in the Privacy Policy of the Service, which is an integral part of these Regulations and is available on the website https://pulsemonitor.net/en/privacy.
7. The Service Recipient is obliged to enter their data in accordance with the actual state.
8. The Seller does not sell Software on physical media. To use it, the Customer must independently download the software to their computer from the Service's website.
9. To place an Order for a License, the Customer is obliged to:
9.1. Log in to the Account,
9.2. Fill out the Order Form available there (Orders can be placed using the Order Form - 24 hours a day, all year round, except for interruptions in access to the Service caused by the update of the Service Provider's server or other activities performed by the Service Provider to improve the functioning of the Service),
9.3. Accept the Regulations and the privacy policy of the Service,
9.4. Then, on the external payment intermediary's website, make a payment for the License. The Service Recipient will be informed by the payment intermediary about the payment status via email,
10. When placing an Order, the Customer specifies the type of license (license version for an indefinite or specific period) and the number of workstations on which the use of the Software is possible.
11. The purchased license will have the parameters specified when placing the Order.
12. In order to place an Order, the Customer is obliged to provide their contact details and full company details in the Order Form, especially their first and last name and email address.
13. The License Key and all communication related to the order fulfillment process will be sent to the email address provided in the Order Form.
14. An agreement is concluded at the moment of placing the Order by the Customer.
15. Orders can be paid through the PayPal service, PayU, or by credit card. Not all payment methods may be available in every country. The moment of payment is the moment when the payment is credited to the Seller's bank account.
16. After the Customer's payment of the Order, a confirmation of the Order's execution along with the License Key is sent to the email address specified in the Order Form.
17. The sales document will be available in the customer's Account within 7 days from the date of payment for the Order.
18. If the Customer does not make the payment for the Order within 14 days from the date of placing the Order, the Order is canceled and not executed.
19. The condition for the Order's execution is the correct and complete filling out of the Order Form, along with the contact and email address details.
20. The Seller is not responsible for incorrect data contained in the Order Form, in particular for an incorrect email address preventing the Customer from receiving email messages containing information about Order execution.
21. In accordance with the provisions of the Act on Goods and Services Tax, by placing an Order, the Customer accepts the issuance and sending of invoices in electronic form to the email address provided in the Order Form.
22. The information provided on the Seller's website does not constitute an offer within the meaning of the Civil Code.
§ 4
USE OF SOFTWARE
1. The Software must be downloaded from the Service's website.
2. The latest version of the Software is always available for download.
3. After downloading, the installation of the Software is performed by the Customer independently.
4. Installation and usage instructions for the Software are available on the Service's website.
5. Immediately after installation, the Software operates in Trial Version. The Customer has the opportunity to freely test all the functions of the Software. The Trial Version of the Software is intended for one workstation and is limited in terms of the number of training persons.
6. To use the Software for commercial purposes, the Customer must purchase a License Key and register it in the Software.
7. The terms of the license, rights and obligations of the licensee, and the warranty terms are specified in the Software license text available during installation.
8. A detailed description of the Software is available on the Service's website.
9. Minimum technical requirements for the Software:
- Processor: Intel Core i3
- Minimum 4GB of RAM
- 50MB of disk space
- Windows operating system version 10 or newer
- Active Internet access
10. The Customer declares that they have familiarized themselves with the minimal technical requirements for using the Services and that they use equipment that meets these requirements.
§ 5
LIABILITY
1. The Customer is obligated to archive/print the License Key to secure it in case of the need for its reuse (e.g., changing computers).
2. The Service Provider will make every effort to ensure that the data and content available on the Service are complete, up-to-date, and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits allowed by law.
3. Service Recipients are fully responsible for any breach of the law or damage caused by their actions on the Service, in particular by providing false data, disclosing confidential information, or other legally protected secrets, violating personal rights or copyright and related rights.
7. The Service Provider is not liable:
7.1. For any direct or indirect damages and losses (including damages resulting from the loss of profits from running a business, interruptions in business operations, or the loss of business information and other damages of a pecuniary nature) caused by the use, inability to use, or incorrect operation of the Software; damages resulting from the shutdown or failure of the teleinformatics system, failure of the power grid;
7.2. For any damages arising from improper use of the Software by the Customer and the improper functioning of computer hardware;
7.3. For any potential damages resulting from errors, failures, and interruptions in the functioning of the Software caused by improper recording or reading of data downloaded by Service Recipients;
4. The liability of the Seller towards the Customer covers only actual damages and is limited to the maximum amount equal to the fee paid by the Customer for the license.
5. By placing an Order, the Customer confirms that they have familiarized themselves with the functionality offered by the Software and that they had the opportunity to test the Software in the Trial Version.
§ 6
COMPLAINTS, REFUND POLICY
1. The License Key provided to the Customer constitutes digital content not stored on a tangible medium. By accepting the terms and proceeding with the Order, the Customer consents to the immediate commencement of digital content delivery (provision of the License Key) and acknowledges the loss of the right of withdrawal (the right to return without cause within 14 days) from the License Acquisition Agreement from the moment the License Key is delivered and activated.
2. This provision does not affect the Customer's rights as a consumer in relation to Products that are not as described, faulty, or not fit for purpose (i.e., due to a defect in the Software) under applicable law, including, but not limited to, the statutory warranty rights.
3. The Customer can file a complaint by sending a detailed description of the issue to the email address: support@pulsemonitor.net.
§ 7
FINAL PROVISIONS
1. Agreements concluded through the Service are governed by Polish law.
2. The Service Recipient may terminate the agreement on the provision of an Electronic Service of a continuous and indefinite nature (use of the Account) without stating the reasons by sending a relevant statement via email to: support@pulsemonitor.net. The agreement expires after 7 days from the date of submitting the statement of intent to terminate it (termination period).
3. This Regulation may be amended by the Seller by announcing changes to the content of the Regulation on the Seller's website.
4. The Service Provider will inform the Service Recipient about the changes electronically through their Account.
5. In the event of any discrepancies between any part of the Regulation and the applicable law, the relevant provisions of Polish law shall apply.