TERMS OF USE OF THE APPLICATION

§1.

GENERAL INFORMATION

  1. These Terms of Use lay down the principles and conditions for the use by the Users of the Application, including in particular technical requirements related to the use of the Application, types and scope of services provided by PRIMESOFT to the User and the conditions for concluding and terminating contracts for the provision of electronic services, and also principles regarding the processing of personal data.
  2. These Terms of Use are provided to Users at: www.MrReceipt.com/TermsOfUse and in the application, free of charge, in a form that User can download, play and save its content.
  3. To use the services provided by PRIMESOFT the User shall accept these Terms of Use, which is equivalent to the conclusion of Agreement for the provision of electronic services with PRIMESOFT. The Users accepts the Terms of Use before the registration by checking the appropriate box (checkbox) in the course of creating a User Account.

§2.

DEFINITIONS

The terms used in the Terms of Use have the following meaning:

  1. PRIMESOFT - the owner of the software PANPARAGON and Application - the company trading under the name PRIMESOFT POLSKA Spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Poznan (61-615) at ul. Perkuna 25, entered in the register of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register, under KRS number 0000221565, NIP: 7831592998, REGON: 634610845.
  2. Terms of Use – this very Terms of Use.
  3. Data – User’s data given by the User when registering on the Platform, in order to obtain access to the Software MrReceipt,
  4. Platform - website located at: www.mrreceipt.com, together with all the subsites which form part of it, allowing access to the Software SCAN&PASTE,
  5. Application - application MrReceipt available on Google Play and Apple App Store, installed on PRIMESOFT’s servers and made available to the User free of charge, on the User's devices: phone or tablet computer. PRIMESOFT owns the economic copyrights to the Application.
  6. Services - services provided by PRIMESOFT to the User, through the Application, under the terms specified in this Terms of Use.
  7. Agreement - an agreement on provision of services electronically by PRIMESOFT concluded between the User and PRIMESOFT under the conditions specified in this Terms of Use, by its acceptation and creating the User Account.
  8. User - a natural person, legal person or organizational unit without legal personality, who has got a User Account on the Application.
  9. User License - a license to use the Application given to the User by PRIMESOFT by accepting the Terms of Use and creating a User Account.
  10. .User Account – individual account of the User on the Application.
  11. .Password – User password to access the User Account.
  12. Insurance Distribution Services - provided by PRIMESOFT as the Insurer's insurance agent entered in the Register of Insurance Agents under number RAU 11240684/A (the register is maintained by the Polish Financial Supervision Authority, information on the entry in the register can be checked via the Internet browser at: https://au.knf.gov.pl/Au_online/faces/Info.xhtml), through the Application, services consisting in intermediation in concluding insurance contracts between the User and the Insurer
  13. Insurer - Towarzystwo Ubezpieczeń i Reasekuracji "WARTA" S.A. with its registerred office in Warsaw (00-805) at ul. Chmielna 85/87, entered into the Register of Entrepreneurs of the National Court Register, on the basis of an entry made by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register, under KRS number: 0000016432, with a NIP number: 5210420047, REGON number: 00001726500000, share capital in the amount of PLN 187,938,580, which was paid up in full.
  14. RODO - regulation (EU) 2016/679 of the European Parliament and of the Council dated on 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general regulation on data protection) (Journal of Laws of the EU, No. L. of 2016, No. 119).
  15. Data Administrator - a natural or legal person, public body, unit or other entity that independently or jointly with others sets the purposes and means of pr
  16. Personal data - all information about an identified or identifiable natural person
  17. Processing - means an operation or set of operations performed on personal data or sets of personal data in an automated or non-automated manner, such as collecting, recording, organizing, organizing, storing, adapting or modifying, downloading, viewing, using, disclosing by sending, distributing or other types of sharing, matching or combining, limiting, deleting or destroying.

§3.

SERVICE

PRIMESOFT provides Users with the service of access to the Application, under which the User gains the ability to store and describe receipts.

§4.

USER LICENSE

  1. All copyrights, intellectual property rights and industrial property rights to the software MrReceipt, Application, its name, logo, domain name www.mrreceipt.com belong to PRIMESOFT. These rights are protected under the Polish Act of 4 February, 1994 on Copyright and Related Rights (ct.: Dz.U. 2018.1191 with changes) and the Polish Act of June 30, 2000 Industrial Property Law (ct. Dz.U. 2017.776 with changes).
  2. The conclusion of the Agreement shall be deemed to grant by PRIMESOFT a license to the User for the use of the Application, on the terms specified in this Terms of Use and the provisions of the generally applicable law, which the User undertakes to comply with.
  3. The Application is protected by Polish and international law governing the protection of intellectual property rights.
  4. Under the Agreement concluded with PRIMESOFT the User has the right to temporary use of the Application in the extent that allows for storing and describing receipts in any way.
  5. The User is obliged to use the Application only in terms of its exploitation for personal use. PRIMESOFT has the right to impose additional conditions for the use of the Application.
  6. The License does not give the User a right to:
    • make any changes in the Application and copy it,
    • grant a sublicense,
    • lend, rent or disseminate in any way the data, documents and the Application shared with him within the Platform, and in particular to place them in other websites, to use them for public play or to display them,
    • decompile, disassemble or otherwise obtain information about the internal structure and principles of operation of the Application.

§5.

APPLICATION’S TERMS AND CONDITIONS OF USE

  1. To get access to the Application, the User creates the anonymous User Account. The User may register the account in accordance with the registration procedure described in the Application by integrating the User Account with the other accounts, described in § 6 below.
  2. User Account is created only after previous acceptance of this Terms of Use.
  3. The User is obliged to provide true Data when creating the User Account, and upon a change in these Data, to immediately update them.
  4. The User is obliged to keep in secret from third parties the usernames and Passwords to access the Application. PRIMESOFT is not liable for damages arising from the disclosure by the User of username and Password to third parties.
  5. In connection with the use of the Application, the User shall not distribute any illegal content.

§6.

ACCOUNT’S INTEGRATING

  • The User can integrate the Application with his Facebook or Google account or another account on the portal that gives the possibility of such integration. Such integration, however, is voluntary and does not limit the Services provided through the Application. The current possibility of integration using one of the portals is always visible in the Application. The choice of portals belongs to the Service Provider
  • Integration, referred to in sec. 1 above, is possible under the condition of accepting each time Facebook or Google rules or other portal giving the possibility of such integration, in particular the principles of sharing user content and data, security rules and protecting the rights of others.

§7.

TECHNICAL REQUIREMENTS

  1. For the proper use of the Application is required:
    • an active connection to the Internet on the device,
    • an active e-mail account,
    • the latest available version of the device’s software; supported software: Android, iOS,
    • enable cookies and Java Script.
  2. The cost of Internet connection and the costs associated with meeting the other technical requirements are charged to the User in full.

§8.

DISTRIBUTION OF THE INSURANCE SERVICES

  1. As part of the PRIMESOFT Application, as an Insurer's agent, it also allows Users to use Distribution of the Insurance Services.
  2. Insurance services cover only electronic equipment
  3. The use of the Insurance Services is done by completing the form available in the Application, including:
    • provide the required data;
    • accepting the regulations Distribution of the Insurance Services.
  4. Filling out the form and accepting the regulations referred to in paragraph 3 above, will constitute the conclusion of the insurance contract, to which the User and the Insurer will be parties.
  5. After entering the receipt into the Application, the Application automatically recognizes the product covered by the purchase. By accepting these Terms of Use and creating a User Account, the User agrees to display in the Application information on the possibility of concluding an insurance contract in the event of the Application's recognition of the purchased goods as electronic equipment.
  6. Information about the possibility of concluding the insurance contract referred to in the preceding paragraph, will always include the opportunity to get acquainted with the information about the offered insurance product, available in the form of a separate document.
  7. In connection with the provisions of para. 5-6 above, the User accepts these Regulations and creates a User Account in the Application, consents to the transmission of information and documents referred to in paragraph. 5-6 above, by electronic means
  8. PRIMESOFT is not a party to the insurance contract, and therefore is not responsible for the performance or non-performance of the insurance contract by either party.
  9. All complaints and complaints related to the insurance contract should be directed by the User directly to the Insurer at the following address: ul. Chmielna 85/87, 00-805 Warsaw, or by e-mail to the following address: skargi@warta.pl. Nevertheless, if a complaint or complaint is sent to PORIMESOFT, it will be immediately transferred to the Insurer.
  10. PRIMESOFT informs that in connection with the proposed conclusion of the insurance contract, it receives a commission included in the amount of the insurance premium and may also receive a different kind of financial or nonfinancial incentive or incentive in connection with the insurance distribution business or participation in promotional projects dedicated to distributors.
  11. PRIMESOFT informs that it has no shares or shares in TUiR "WARTA" S.A. entitling to at least 10 percent votes at the general meeting, and also TUiR "WARTA" S.A. does not have shares or stocks in PRIMESOFT, entitling to at least 10 percent. votes at the general meeting or assembly of partners.

§9.

CHARGES

The Application is free for every User in the full scope of its functionality. The record of the preceding sentence does not apply to the Insurance Services as not constituting the functionality of the Application, which only acts as an intermediary in concluding the insurance contract with the Insurer.

§10.

PERSONAL DATA AND PRIVACY POLICY

According to art. 13 sec. 1-2 and art. 26 sec. 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general regulation on data protection) (Official Journal of the European Union L 119, p. 1, hereinafter: "RODO"), we would like to inform you that:

  1. The Administrator of the User’s Personal Data is PRIMESOFT, and according to the Distribution of the Insurance Services, after the previous User’s consent, also the Insurer
  2. In the matter of personal Data protection, the User may contact PRIMESOFT in writing on the address: ul. Perkuna 25, 61-615 Poznań, via e-mail sent to the address: support@mrreceipt.com.
  3. User Personal data will be processed only for the following purposes and legal grounds:
    • related to the conclusion and performance of the Agreement and the provision of Services electronically, alternatively - in the event of the User expressing such will and consent - related to the provision of Insurance Services, as well as consideration of complaints and requests and answering User's questions (in accordance with Article 6 sec. 1 let. b) or f) RODO);
    • the possible establishment, investigation, execution of claims or defense against claims that is the pursuit of PRIMESOFT's legitimate interest, as well as to prevent abuse and fraud (in accordance with Article 6 sec. 1 let. f) RODO);
    • statistical and analytical tests, i.e. better selection of services to the User's needs;
    • optimization of service processes, ensuring the IT security of the Application, detection of unauthorized use of the Application, financial analysis of PRIMESOFT, being the implementation of its legitimate interests in this interest (in accordance with Article 6 sec. 1 let. f) RODO);
    • storage of data for archiving purposes and ensuring accountability (in accordance with Article 6 sec. 1 let. f) RODO);
  4. The scope of Personal data processed includes:
    • e-mail address;
    • data on the proofs of purchase
  5. In addition to the Data indicated in paragraph 4 above, PRIMESOFT may process data related to the Insurance Services, with the prior consent and knowledge of the User, expressed through the acceptance of the insurance regulations.
  6. Personal data will be kept for the period of:
    • the validity of the Agreement concluded with PRIMESOFT or the insurance agreement concluded with the Insurer, and after its termination, in connection with the Administrator's legal obligation resulting from generally applicable provisions of law;
    • necessary for pursuing claims by PRIMESOFT in connection with its operations or defending against claims directed against PRIMESOFT, based on generally applicable laws, including limitation periods for claims specified in generally applicable laws;
    • in the case of processing for marketing purposes - for the duration of the contract or until the User raises an objection to such processing, depending on which of these events occurs earlier;
    • in the case of consent to the processing of data for a given purpose - until the consent is withdrawn or not longer than it is necessary to achieve the purpose for which it was collected;
    • for the purpose of accountability, i.e. to prove compliance with the provisions on the processing of personal data, they will be stored for the period in which PRIMESOFT is obliged to save data or documents containing them to document the fulfillment of legal requirements and enable control of their fulfillment by public authorities
  7. PRIMESOFT uses the services of other entities processing personal data on its behalf in the scope of:
    • legal services,
    • IT support
    • advertising and marketing support,
    • maintaining and servicing the telecommunications network,
    • support in handling correspondence and customer service.
  8. PRIMESOFT ensures the use of appropriate technical and organizational measures to ensure the security of personal data being processed, in particular preventing unauthorized third parties from accessing them or processing them in violation of generally applicable laws, preventing personal data loss, damage or destruction.
  9. PRIMESOFT is not currently planning to transfer the recipient's personal data to a third country or to international organizations (i.e. outside the EEA).
  10. PRIMESOFT processes and provides Google and Facebook with data describing how to use electronic services (operational data) for marketing purposes:
    • signs identifying the User
    • markings identifying the end of the telecommunications network or IT system used by the User,
    • information on the start, end and scope of each use of the Services as part of the Application,
    • information on the use of the Services by the User as part of the Application.
  11. In the process of providing the Services we do not make decisions in an automated manner, including profiling.
  12. The Platform uses cookies, which are small text files sent to the Users computer, which contain the information necessary for the proper functioning of the Platform, in particular the for authorization process, to simplify operations with better matching Platform to the needs of the User, creating a viewing statistics
  13. Accepting the cookies in your browser and not removing them is a condition of their use. In the case of non-acceptance of the cookies or removing them, User needs to remember that the use of some of the functionality of the Platform may not be possible.

§11.

PRIMESOFT RIGHTS AND OBLIGATIONS

  1. PRIMESOFT guarantees access to the Application in time and on the terms specified in this Terms of Use, with the exception of technical break in order to perform maintenance, improvement, modification, extension and modernization of the data-communication system or to update the Application or to overcome the effects of technical errors.
  2. PRIMESOFT shall not be liable for any damages and lost profits suffered by the User as a result of:
    • difficulties accessing the Application,
    • violation by the User of any rights of the third parties,
    • functioning of the interfaces and telecommunications links that are not owned or supported by PRIMESOFT,
    • services, applications, and Internet sites that are not owned or supported by PRIMESOFT.
  3. Providing Services may be interrupted in the event of improper connection quality, damage or defects in telecommunications equipment, power systems, computer equipment, failure of the telecommunications network, power outages or any actions by third parties.
  4. PRIMESOFT has the right to block access to the Application or individual Services in the event of irregularities in the use of the Application, in particular any circumstances that could damage the User or PRIMESOFT. PRIMESOFT shall not be liable for temporarily suspending access to the Application for the period necessary to remove any threats or irregularities.
  5. PRIMESOFT shall not be responsible for the use of the Application in a manner inconsistent with these Regulations.

§12.

COMPLAINTS

  1. The provisions of this paragraph shall not apply to complaints related to the Insurance Services, which in the event of their referral by the User to PRIMESOFT, shall be immediately transferred to the Insurer.
  2. All complaints related to the functioning of the Application and the provision of Services through it, as well as questions regarding the use of the Application should be addressed to PRIMESOFT at the email address support@mrreceipt.com.
  3. The complaint should contain in its content: the name and model of the mobile device, the current version of the teleinformation system installed on the device, the exact description and the reason for the complaint. In addition, the complaint should contain the name of the User Account. The response to the complaint will be sent to the email address from which it was received. If the complainant wants the reply to the complaint to be delivered to another email address, he should stipulate this in the body of the message.
  4. Within 14 days of its receiving, PRIMESOFT shall consider the complaint and inform the User about the result of its consideration. In a situation where the data or information specified in the complaint need to be supplemented, PRIMESOFT asks, before examining the complaint, to the User to supplement it. The time of providing additional explanations by the User may extend the complaint consideration period, provided that he agrees during the complaint process.
  5. The User's use of non-judicial means of dealing with complaints and pursuing claims is voluntary
  6. Detailed information on the possibility of the User, being a consumer, to use the out-of-court complaint and redress mechanisms and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks should be consumer protection, Provincial Inspectorates of Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection:
    1. http://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
    2. http://www.uokik.gov.pl/sprawy_indywidualne.php
    3. http://www.uokik.gov.pl/wazne_adresy.php
  7. A user who is a consumer may get free assistance in settling a dispute between the User and PRIMESOFT, also using the free help of a poviat (urban) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation , Association of Polish Consumers).

§13.

CHANGE OF THE RULES AND THE SERVICE PROVIDER

  1. PRIMESOFT reserves the right to amend this Terms of Use and to modify the Software SCAN&PASTE. PRIMESOFT shall notify the User 14 days before the amendment or modification through a User Account or e-mail, with the exception of changes concerning only the Insurance Services and their insurance rates, which change is made under separate regulations, is independent of PRIMESOFT and may occur after notifying the User 3 days before the change via the User Account or to the e-mail address.
  2. PRIMESOFT may transfer to another entity rights resulting from these Terms of Use and the Agreement, but this will not affect User rights.

§14.

WITHDRAWAL AND TERMINATION OF THE AGREEMENT

  1. Within 14 days of the conclusion of the Agreement, the User who is a consumer within the meaning of art. 221 of the Polish Civil Code of 23 April 1964 (ct. Dz.U. 2018.1025 with changes) can terminate the Agreement without giving a reason. Termination of the Agreement requires the submission of an appropriate declaration via e-mail on the address: support@mrreceipt.com or in writing on the PRIMESOFT’s address (Perkuna 25, 61-615 Poznań).
  2. Submission of such a declaration results in a loss of access to the Application and the inability to use it.
  3. The Agreement concluded between the User and PRIMESOFT may be terminated at any time by the User with the immediate effect.
  4. User may terminate the Agreement by submission of an appropriate declaration via e-mail on the address: support@mrreceipt.com or in writing on the PRIMESOFT’s address (Perkuna 25, 61-615 Poznań).
  5. PRIMESOFT have the right to terminate the Agreement concluded with the User:
    • in the event of a breach by the User of § 4. 5 of these Terms of Use - with immediate effect;
    • in other cases - with one month notice period.
  6. PRIMESOFT may terminate the Agreement concluded with the User by submitting a declaration of intent electronically by sending it to the e-mail address provided by the User or by submitting this declaration of intent in writing.
  7. Termination of the Agreement concluded between the User and PRIMESOFT results in the liquidation of the User's access to the Application.

§15.

FINAL PROVISIONS

  1. PRIMESOFT reserves the right to unilaterally amend these Terms of Use.
  2. Amendments to these Terms of Use are binding for the User, if within 2 days of its receipt User does not make a declaration of non-acceptance of the new Terms of Use. If the User makes a declaration of non-acceptance of the new Terms of Use it is tantamount to the termination of the Agreement. This declaration shall be submitted via e-mail on the address: support@mrreceipt.com or in writing on the PRIMESOFT’s address (Perkuna 25, 61-615 Poznań).
  3. Change of PRIMESOFT address data does not constitute an amendment to these Terms of Use.
  4. Any provision of these Terms of Use is functioning separately. In the event that the court void any provision of these Terms of Use, the remaining provisions shall remain in force.
  5. Failure by PRIMESOFT to enforce User obligations under these Terms of Use or delay in such enforcement is not tantamount to waiver of PRIMESOFT claims against the User. Each waiver of PRIMESOFT rights against the User shall be in writing to be valid.
  6. Any disputes arising out of the Agreement or these Terms of Use shall be settled in an amicable manner. In a situation where PRIMESOFT and the User are not able to reach amicable settlement, the matter shall be settled by the common court competent for PRIMESOFT seat.
  7. In matters not regulated herein, the provisions of generally applicable Polish law, in particular the provisions of the Polish Civil Code, RODO, the Polish Act on Providing Services by Electronic Means, the Polish Act on Copyright and Related Rights and the Polish Act Industrial Property Law shall apply.