WEBSITE TERMS AND CONDITIONS
1. General provisions
1.1 These terms and conditions shape the rights and obligations connected with the use of the Website available at the following internet address: https://inspectrabim.com/, operated by Mervision Wiktor Mertka.
1.2 All Licences, products, services (including the Newsletter) and Digital Content offered on the Website are addressed solely to Business Customers (entrepreneurs), i.e. natural persons conducting sole-proprietorship business activity, legal persons (e.g. companies) and organisational units without legal personality.
1.3 The Service Provider offers Licences, products, services (including the Newsletter) and Digital Content on the Website or through it without territorial restrictions, with the exception of countries (including their citizens, entities or institutions) covered by relevant economic sanctions under the provisions generally applicable in the territory of Poland, of the European Union or of the member states of the European Economic Area (EEA).
1.4 All content published on the Website, including Digital Content, software, the content of Licences and the copyrights covered by the Licences granted, constitutes the exclusive property of the Service Provider and is protected under the copyright and intellectual property provisions generally applicable in the territory of Poland and in the Users' respective countries (taking into account the law arising from the international agreements concluded).
1.5 All announcements, advertisements of the Service Provider, price lists and other information about its Licences, products, services or Digital Content which have been published on the Website, through it or within the Newsletter, and in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
1.6 Acceptance of the Terms and Conditions is voluntary; it is, however, necessary for a User Account to be created and for an Agreement to be effectively concluded. The User undertakes to read and accept the content of the Terms and Conditions upon each registration of a User Account or conclusion of a Licence Agreement.
1.7 The User is obliged to use all licences, products, services or Digital Content offered by the Service Provider, and to use the Website, in a manner compliant with the applicable provisions of law, the Terms and Conditions and the content of the agreements concluded, including in particular, where a Licence Agreement has been concluded – to use the relevant Licences in a manner compliant with the Licence Agreement, and also with the principles of social coexistence. The User is also obliged to refrain from taking any actions consisting in introducing, within the operation of the Website, content which infringes the laws generally applicable in the territory of Poland and in the Users' respective countries (taking into account the law arising from the international agreements concluded).
2. Definitions
2.1 Service Provider – the owner of the Website, Wiktor Mertka, conducting business activity under the business name Mervision Wiktor Mertka, Rotmanka (Poland), ul. Bajki 15a/13, NIP: 6040272133, REGON: 545305973, contact e-mail address: contact@inspectrabim.com.
2.2 Website – the website operated by the Service Provider at the following internet address: https://inspectrabim.com.
2.3 Registration – the process of creating a User Account consisting in particular in the Business Customer entering, in the registration form made available on the Website, the User's identification data, i.e.: (i) the business name (firm) together with an indication of the legal form, (ii) the registered address and the country of the registered office, (iii) the tax identification number in the country of the registered office and (iv) the E-mail Address for the purposes of setting up the User Account, entering and confirming the access password to the User Account and accepting the Terms and Conditions and the Privacy Policy, or in the User entering the data of a person to whom the User grants access (within the pool of access seats to the Software held by the User) to the Software in accordance with the scope and terms of the paid Licences held, as provided for in the relevant Licence Agreement.
2.4 User – a Business Customer (including its authorised representative) that uses the User Account and its functionalities within the Website following Registration, or uses the Software in accordance with the Licence Agreement concluded.
2.5 Authorised User – a natural person who has obtained from the User access to the relevant Licence, including seat-based access within the access granted to that person by the User, and who has been authorised by the User to use Inspectra BIM in the Inspectra Edit and/or Inspectra Audit version in accordance with the Licence held by the User and with the Licence Agreement, provided that the User is entitled under the Licence Agreement to grant such access to third parties. The Authorised User may use Inspectra BIM in the Inspectra Edit or Inspectra Audit version solely by means of a User Account.
2.6 User Account – a free Electronic Service made available to the User or to the Authorised User by the Service Provider in order to enable the use of all functionalities of the Website or of the functionalities of the Software in accordance with the scope and terms of the paid Licences held, as provided for in the relevant Licence Agreement. The User Account is the place of access to the User's data entered by the User via the Website and to information on the Licences held, including the Licence Agreements. The User Account is created upon the User's correct completion of Registration on the Website. A User Account does not allow the conclusion of a Licence Agreement concerning Inspectra BIM in the Inspectra Audit or Inspectra Edit version, nor the assignment of a further access to the relevant paid Licence to a User Account belonging to an Authorised User, if such a Licence is already assigned to it.
2.7 Business Customer – (i) a natural person having full capacity to perform legal acts who conducts sole-proprietorship business activity, (ii) a legal person (e.g. companies) established in accordance with the law of its home country, and (iii) an organisational unit without legal personality established in accordance with the law of its home country, or (iv) persons authorised to act on behalf of such persons or entities, including in particular persons empowered to use all functionalities of the Website and/or to conclude the Licence Agreement on the terms arising from the Terms and Conditions or from the relevant Licence Agreement.
2.8 Licence – the licence to use the Software, including its individual functionality variants, offered on the Website or granted to the User by the Service Provider in accordance with the terms of the Licence Agreement concluded between the Service Provider and the User.
2.9 Licence Agreement – the licence agreement concluded by the Service Provider (as the licensor) and the User (as the licensee) via the functionalities of the Website for a definite period, covering a licence authorising the User to use the relevant variant of the Software on the terms arising from that agreement, including setting out the rights and obligations connected with the licence granted in line with its scope. In the scope not regulated by the Licence Agreement, the relevant provisions of the Terms and Conditions shall apply.
2.10 Software – the computer program (software) Inspectra BIM created by the Service Provider and offered on the Website, constituting Digital Content, to which the Service Provider holds the relevant copyrights and the rights arising from the provisions of law governing intellectual property.
2.11 Form – the interactive form available on the Website which enables the User to submit an offer to conclude a Licence Agreement. The Form redirects to the Licence Distributor's website.
2.12 Entrepreneur with Consumer Rights – a natural person having full capacity to perform legal acts who concludes with the Service Provider an agreement directly connected with that person's business activity conducted in the territory of Poland, where it follows from the content of such an agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
2.13 Electronic Service – a service or services provided by electronic means within the meaning of the Act of 18 July 2022 on the provision of services by electronic means, including the User Account and the Newsletter.
2.14 Licence Distributor – the non-exclusive, global (without territorial restrictions) distributor (seller) of Licences (re-seller), being formally the seller with respect to transactions covering access to Licences (including their purchase or the purchase of access to a Licence) in relations with Users, including receiving and handling payments and issuing accounting documents (e.g. VAT invoices) to Users, for the purposes of concluding the Licence Agreement and granting the Licence. The Licence Distributor is the supplier, owner, holder or entity authorised to act as the seller of Licences via the website available at the following internet address: https://www.paddle.com. Depending on the country of the User's registered office, the Licence Distributor is, separately or jointly: (i) Paddle.com Market Ltd. with its registered office in London (EC4M 7 AU, United Kingdom of Great Britain and Ireland) at 30 Old Bailey, (ii) Paddle Payments Ltd. with its registered office in Dublin (D02 YX88, Ireland) at The Academy 42 Pearse Street, (iii) Paddle. com Inc. with its registered office in New York (11105-1803, USA) at #1071 Astoria.
2.15 Newsletter – an Electronic Service provided in accordance with the terms of the Newsletter Terms and Conditions, available at the following internet address: https://inspectrabim.com/pl/newsletter-terms/ (Polish language version) and https://inspectrabim.com/newsletter-terms/ (English language version), consisting in periodic or occasional communication with the Subscriber by electronic mail (e-mail), covering information about products, updates, educational materials, events, promotions, new functionalities and content concerning BIM technology, including the Software.
2.16 E-mail Address – the electronic mail (e-mail) address indicated by the User for the purposes of Registration and of contact with the User.
2.17 Privacy Policy – the document setting out the rules for the processing of the personal data of persons using the Website, available at the following internet address: https://inspectrabim.com/pl/privacy/ (Polish language version) and https://inspectrabim.com/privacy/ (English language version).
2.18 Digital Content – data produced and supplied in digital form, including the Software and the Newsletter.
2.19 Terms and Conditions – these terms and conditions of the Website.
3. Service Provider
The service provider and the controller of the personal data processed in connection with the operation of the Website is Wiktor Mertka, conducting business activity under the business name Mervision Wiktor Mertka, Rotmanka (Poland), ul. Bajki 15a/13, NIP: 6040272133, REGON: 545305973. Contact in matters connected with the User Account, the provision of the other services, products and Licences offered by the Service Provider, the Licence Agreements concluded and personal data is possible via the e-mail address: contact@inspectrabim.com.
The Service Provider has not appointed a Data Protection Officer. In matters concerning the protection of personal data, contact should be made via the e-mail address indicated above.
4. Electronic Services and the User Account
4.1 Within the Website it operates, the Service Provider provides to Users, free of charge, the following voluntary Electronic Services:
4.1.1 enabling the creation, deletion and use of the functionalities of the User Account maintained by the Service Provider;
4.1.2 enabling the submission of an offer to conclude a Licence Agreement using the Form after logging in to the User Account;
4.1.3 enabling the browsing of content placed by the Service Provider within the Website;
4.1.4 access to the Software in accordance with the Licence held after logging in to the User Account;
4.1.5 enabling the downloading of the Software onto an end device compliant with the technical requirements arising from the relevant Licence, including in particular onto a device compliant with the technical requirements specified in the relevant Licence Agreement.
4.1.6 enabling the reporting of errors of the Website or of the Software via the reporting form available in the User Account;
4.1.7 enabling contact with the Service Provider via the contact form made available on the Website;
4.1.8 redirecting the User, after completing the Form, to the Licence Distributor's website in order to conclude with the Licence Distributor a transaction for the purchase of a Licence;
4.1.9 the Newsletter, on the terms arising from the Newsletter Terms and Conditions.
4.2 The correct use of the Electronic Services requires the fulfilment of the following technical conditions:
4.2.1 a device with access to the Internet and an internet browser such as Internet Explorer, Mozilla Firefox, Google Chrome, Safari, Opera or Brave;
4.2.2 in the case of the User Account and the Newsletter – an active electronic mail (e-mail) account is additionally required;
4.2.3 in the case of concluding a Licence Agreement, the correct use of the Form, the reporting of errors and access to the Software in accordance with the paid Licence held – an active User Account is additionally required.
4.3 In order to conclude an agreement for the provision to the User of the service consisting in the creation and maintenance by the Service Provider of a User Account, the Business Customer is obliged to:
4.3.1 read the Terms and Conditions and the Privacy Policy and accept their content by ticking the appropriate checkbox of the User Account registration form on the Website, reading as follows:
“I have read the Terms and Conditions and the Privacy Policy and I accept their content and terms”;
4.3.2 enter and confirm in the registration form the access password to the User Account;
4.3.3 enter all the necessary identification data in the registration form in accordance with clause 4.5 of the Terms and Conditions;
4.3.4 click the “Create account” button available within the User Account registration form on the Website, which is tantamount to the User's approval of that form;
4.3.5 confirm the Registration by entering the verification code received from the Service Provider after the registration form has been approved, or by clicking the activation link sent to the User in a message addressed to the E-mail Address containing the verification code.
4.4 Upon confirmation of the Registration as a result of the correct completion and approval by the Business Customer of the User Account registration form, including the acceptance of the Terms and Conditions and the Privacy Policy, an agreement is concluded between the User and the Service Provider for the provision to the User of the service of creating and maintaining the User Account, including maintaining the User's session after the User has logged in to the User Account and storing and making available to the User its data together with the history of the Licence Agreements concluded and information on the Licences held. The agreement referred to in the preceding sentence is concluded for an indefinite period.
4.5 The User Account registration form is deemed to have been correctly completed if it jointly contains the following identification data of the User, i.e.: (i) the business name (firm) together with an indication of the legal form, (ii) the registered address and the country of the registered office, (iii) the tax identification number in the country of the registered office and (iv) the E-mail Address for the purposes of setting up the User Account and of contact with the User.
4.6 The User is obliged to provide in the Form and in the User Account registration form solely true and up-to-date data. Furthermore, the User is obliged to update such data without delay using the functionalities of the User Account (of the Website). The Service Provider is not liable for such data being out of date, untrue or incomplete.
4.7 The User Account is assigned (i) to one User, or (ii), depending on the circumstances and on the Licence variant held by the User, including the number of seats assigned to the Licence, to the User and further persons using the Software under the Licence Agreement concluded.
4.8 Access to the User Account is possible for persons who log in to it on the Website or in the Software by providing the E-mail Address and the password created during Registration. The User or the Authorised User bears full and sole liability for the consequences of making the User Account access data available to third parties.
4.9 Due to the scope of the services provided under the agreement for the provision of Electronic Services, the provision by the User or the Authorised User of the E-mail Address is necessary for the performance of the agreement for the provision of Electronic Services and constitutes consent to the use of the E-mail Address for this purpose. The User Account is voluntary; its absence may, however, prevent access to certain content or functionalities of the Website, including preventing the conclusion of a Licence Agreement or the purchase of a Licence from the Licence Distributor (the conclusion of a transaction with it) or directly from the Service Provider. Use of the free version of the Software under the free Licence does not require a User Account.
4.10 The conclusion of a Licence Agreement and the use of the Software in accordance with the Licence held require a User Account and login data (access data). The absence of a User Account results in the loss of the ability to conclude a Licence Agreement and to use certain functionalities of the Website.
4.11. The User and the Authorised User are obliged to use all Licences, the Software and the services offered by the Service Provider, including the Electronic Services, in a manner compliant with the provisions of applicable law, the provisions of the Terms and Conditions and, where applicable, also with other binding documents accepted by the User (e.g. terms and conditions, the Licence Agreement), as well as with the customs and principles of social coexistence adopted in a given area, including in a manner which is not burdensome for other Users or for the Service Provider and which in no way disrupts its work or the operation of the Website. The User or the Authorised User is also obliged not to supply or transmit, within the operation of the Website, any content prohibited by the provisions of applicable law, in particular content infringing the economic copyrights of third parties or their personal rights.
4.12 The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect, in particular if the User or the Authorised User infringes the provisions of the Terms and Conditions, of the Licence Agreement or of the Newsletter terms and conditions, or takes actions contrary to the law or harmful to the operation of the Website, to third parties or to the Service Provider, including if the User creates a security threat or the Service Provider receives a relevant request from the person whose personal data is concerned. The Service Provider's declaration on termination of the agreement for the provision of Electronic Services referred to in the preceding sentence should be sent to the User or to the Authorised User at the E-mail Address. Termination of the agreement for the provision of Electronic Services referred to in this clause involves deletion of the User Account and the actual deprivation of the User or of the Authorised User of the ability to use its functionalities or the Licence.
4.13 The Service Provider may also limit the use of the Website or the conclusion of Licence Agreements by the User or by the Authorised User, and may also limit access to part or all of the content of the Website, should important reasons arise, such as: (i) the infringement by the User or by the Authorised User of the terms or provisions of the Terms and Conditions, of the Licence Agreement or of the Newsletter terms and conditions, including in particular where the User or the Authorised User has provided data or content which is misleading or infringes the rights of third parties, or where it infringes the Service Provider's copyrights or threatens its legitimate interests in any other manner, or (ii) where the User has submitted an offer to conclude a Licence Agreement using the Form more than twice and has subsequently failed to make payment in this respect, as a result of which the Licence Agreement was not concluded and the Licence was not granted, (iii) where the User infringes the terms of the agreement concluded with the Licence Distributor, (iv) where the Licence Distributor notifies the Service Provider of an infringement or possible infringement by the User of the generally applicable provisions of law, including tax law, or (v) where the User has become subject to relevant economic sanctions under the generally applicable provisions of law, or its registered office is located in a country on which such sanctions have been imposed.
4.14 The User or the Authorised User may at any time, free of charge and voluntarily, delete the User Account by submitting to the Service Provider a request for deletion of the User Account or by using the functionalities of the Website enabling the deletion of the User Account, if available. The User and the Authorised User acknowledge that the deletion of the User Account may deprive them of access to the Software or to its functionalities arising from the Licence held – the use of the Software in accordance with a paid Licence requires an active User Account.
4.15 By accepting the Terms and Conditions, the Business Customer (the User) represents and confirms that the agreements concluded with the Service Provider in accordance with the Terms and Conditions, including the agreements for the provision of Electronic Services, and in particular the agreement for the provision to the User of the service consisting in the creation and maintenance by the Service Provider of a User Account, as well as the Licence Agreement, are directly connected with the activity conducted by the Business Customer (the User) and are of a professional nature for it.
4.16 The deletion of the User Account does not necessarily automatically result in the deletion of data in the Keygen system (the Licence operator), which may be beyond the Service Provider's control.
4.17 The Service Provider makes every effort to maintain the highest standards of operation of the Website; it does not, however, guarantee uninterrupted availability of the Website or of the services offered by it, including the Electronic Services, and it bears under no circumstances any liability in connection with any unavailability of the Website, the services, the User Account or the Software, or in connection with any limitation of access to them. In particular, the Service Provider is not liable for unavailability or limited availability where this results from the law or from restrictions existing in the country of the registered office or the country of stay of the User.
5. Complaints concerning Electronic Services
5.1 The User may submit complaints or grievances connected with the Electronic Services provided by the Service Provider via the e-mail address: contact@inspectrabim.com. The content of the complaint or grievance should include in particular the data serving to identify the User, i.e. its first name and surname or business name, the E-mail Address, and a detailed description of and reason for the complaint submitted. The Service Provider replies without undue delay, as a rule within 30 days of receipt of the complaint or grievance, unless the nature of the matter requires a longer analysis. The time limit for examining the grievance or complaint starts to run on the date of receipt of the complaint or grievance.
6. Complaints concerning Digital Content and the right of withdrawal
6.1 The Entrepreneur with Consumer Rights has the right to withdraw from a paid contract covering the supply of Digital Content, without giving any reason, within 14 (fourteen) days of the date of receipt of the Digital Content. The declaration of withdrawal from such a contract is submitted to the Service Provider in an e-mail message via the address: contact@inspectrabim.com. In the event of withdrawal by the Entrepreneur with Consumer Rights from such a contract, the contract is deemed not to have been concluded and the mutual performances of the Entrepreneur with Consumer Rights and of the Service Provider are subject to return. The price paid by the Entrepreneur with Consumer Rights (the payment) is returned within 14 days of the date on which the Service Provider receives the declaration of withdrawal from the contract.
6.2 The Service Provider is liable towards the Entrepreneur with Consumer Rights for the lack of conformity with paid contracts covering the supply of Digital Content which existed at the time of its supply and became apparent within two years of the date of supply of the Digital Content, subject to the reservations as to the period of the Service Provider's liability set out in the Act of 30 May 2014 on Consumer Rights. If the Digital Content is not in conformity with the contract, the Entrepreneur with Consumer Rights may demand that it be brought into conformity with the contract. The Service Provider may refuse to bring the Digital Content into conformity with the contract if doing so is impossible or would require excessive costs for the Service Provider. When assessing the excessiveness of the costs for the Service Provider, all the circumstances of the given case are taken into account, in particular the significance of the lack of conformity of the Digital Content with the contract and its value. The Service Provider brings the Digital Content into conformity with the contract within a reasonable time from the moment at which the Service Provider was informed by the Entrepreneur with Consumer Rights of the lack of conformity with the contract, and without excessive inconvenience for the Entrepreneur with Consumer Rights, taking into account its nature and the purpose for which it is used. The costs of bringing the Digital Content into conformity with the contract are borne by the Service Provider.
6.3 The Digital Content is supplied in the version available at the time of conclusion of the paid contract for the supply of the Digital Content.
6.4 The Seller informs the Entrepreneur with Consumer Rights of updates, including those concerning security measures, which are necessary to maintain the conformity of the Digital Content with the paid contract for the supply of Digital Content, and supplies them to the Entrepreneur with Consumer Rights for the period (i) of supply of the Digital Content specified in the paid contract for the supply of Digital Content, or (ii) reasonably expected by the Entrepreneur with Consumer Rights, taking into account the type of Digital Content and the purpose for which it is used, as well as the circumstances and nature of the contract, where the contract provides for the supply of the Digital Content on a one-off basis or in parts.
6.5 If the Entrepreneur with Consumer Rights fails to install, within a reasonable time, the updates supplied by the Service Provider in accordance with clause 6.4 above, the Service Provider is not liable for the lack of conformity of the Digital Content with the paid contract resulting solely from the failure to update, if (i) it informed the Entrepreneur with Consumer Rights of the update and of the consequences of failing to install it, or (ii) the failure to install the update or its incorrect installation did not result from errors in the installation instructions supplied by the Service Provider.
6.6 The Service Provider is not liable for the lack of conformity of the Digital Content with the paid contract if the Entrepreneur with Consumer Rights was, at the latest at the time of conclusion of such a contract, expressly informed that a specific feature of the Digital Content deviates from the requirements of conformity with the contract, and expressly and separately accepted the absence of that specific feature of the Digital Content.
6.7 If the Digital Content is not in conformity with the paid contract concluded by the Entrepreneur with Consumer Rights with the Service Provider, the Entrepreneur with Consumer Rights may submit a declaration on a price reduction or on withdrawal from the contract where:
6.7.1 bringing the Digital Content into conformity with the paid contract is impossible or requires excessive costs;
6.7.2 the Service Provider has failed to bring the Digital Content into conformity with the paid contract;
6.7.3 the lack of conformity of the Digital Content with the paid contract persists, even though the Service Provider has attempted to bring the Digital Content into conformity with the paid contract;
6.7.4 the lack of conformity of the Digital Content with the paid contract is so significant as to justify a price reduction or withdrawal from the contract without prior recourse to the remedy set out in clause 6.2 of the Terms and Conditions;
6.7.5 it is clear from the Service Provider's declaration or from the circumstances that it will not bring the Digital Content into conformity with the paid contract within a reasonable time or without excessive inconvenience for the Entrepreneur with Consumer Rights.
6.8 The reduced price must remain in such proportion to the price arising from the paid contract as the value of the Digital Content not in conformity with the contract remains to the value of the Digital Content in conformity with the contract.
6.9 The Entrepreneur with Consumer Rights may not withdraw from a paid contract for the supply of Digital Content if the Digital Content is supplied in exchange for payment of a price and the lack of conformity of the Digital Content with the paid contract is immaterial. It is, however, presumed that the lack of conformity of the Digital Content with the paid contract is material.
6.10 The Entrepreneur with Consumer Rights is not entitled to withdraw from a paid contract concluded with the Service Provider for the supply of Digital Content:
6.10.1 not supplied on a tangible medium, for which it is obliged to pay a price, if the Service Provider commenced performance with the express and prior consent of the Entrepreneur with Consumer Rights, who was informed before the commencement of performance that it would lose the right of withdrawal from the contract once the Service Provider had performed, and acknowledged this, and the Service Provider provided it with confirmation of receipt of such a declaration;
6.10.2 for which the Entrepreneur with Consumer Rights is obliged to pay a price, if the Service Provider performed the service in full with the express and prior consent of the Entrepreneur with Consumer Rights, who was informed before the commencement of performance that it would lose the right of withdrawal from the contract once the Service Provider had performed, and acknowledged this.
6.11 The right to withdraw from a paid contract for the supply of Digital Content may be exercised by the Entrepreneur with Consumer Rights by sending a declaration of withdrawal via the e-mail address: contact@inspectrabim.com or to the Service Provider's correspondence address indicated in clause 3 of the Terms and Conditions. The declaration of withdrawal from the contract may also be submitted using the form compliant with Annex No. 2 to the Act on Consumer Rights. In order to meet the deadline, it is sufficient to send the declaration before it expires.
6.12 The User may submit complaints or grievances connected with contracts for the supply of Digital Content via the e-mail address: contact@inspectrabim.com. The content of the complaint should include in particular the data serving to identify the User, i.e. its first name and surname or business name, the E-mail Address, and a detailed description of and reason for the complaint submitted. The Service Provider replies without undue delay, as a rule within 14 days of receipt of the complaint, unless the nature of the matter requires a longer analysis. The time limit for examining the grievance or complaint starts to run on the date of receipt of the complaint or grievance.
6.13 A User which concludes with the Service Provider a paid contract for the supply of Digital Content directly connected with its business activity, where that contract is of a professional nature for the User, resulting in particular from the subject matter of the business activity performed by the User, is not entitled to any of the rights referred to in this clause 6 of the Terms and Conditions. In particular, it is not entitled to the right of withdrawal from such a contract.
7. Conclusion of the Licence Agreement
7.1 The conclusion of a paid Licence Agreement (enabling the use of paid versions or functionalities of the Software) requires an active User Account to which no restrictions have been applied in accordance with clause 4.13 of the Terms and Conditions.
7.2 A paid Licence Agreement (enabling the use of paid versions or functionalities of the Software) is concluded upon the joint fulfilment of all the conditions below, but no earlier than upon the fulfilment of the last of them:
7.2.1 the User selects the relevant Licence variant in the Form available on the Website, including, where applicable, also indicates the number of seats for which the Licence is to be active, and then the User confirms its selection by accepting the content of the terms of the relevant Licence Agreement (corresponding to the Licence variant selected) and clicking the “Buy licence” button;
7.2.2 the User (i) after being redirected to the Licence Distributor's website, completes in the transaction form available there all the data necessary for the conclusion of the transaction for the purchase of the Licence with the Licence Distributor or (ii) effectively pays the whole of the relevant licence fee to the Service Provider;
7.2.3 the User (i) effectively makes payment of the price (in the correct amount) to the Licence Distributor in respect of the transaction for the purchase of the Licence concluded with it, or (ii) effectively pays the relevant licence fee in full to the Service Provider;
7.2.4 the Service Provider receives from the Licence Distributor information about the transaction for the purchase of the Licence concluded with the User and about the User having effectively and correctly made payment in this respect (this does not apply where the User has paid the relevant licence fee directly to the Service Provider);
7.2.5 the User receives from the Service Provider information containing confirmation that the granting of the Licence (access to it) to the User has been accepted for processing, in accordance with the selection made by the User as referred to in clause 7.2.1 above;
7.3 The User should read the content of the relevant Licence Agreement setting out the terms of the Licence variant selected by the User. Acceptance of the content of the terms of such a Licence Agreement in accordance with clause 7.2.1 above means that the User has read and accepts all provisions of the relevant Licence Agreement, including that it understands and knows its content and the scope of the Licence variant selected by it.
7.4 Confirmation of the offer submitted by the User to conclude a Licence Agreement in accordance with the Licence variant selected by it via the Form, and confirmation that the granting of the Licence (access to it) has been accepted for processing for the User which concluded an agreement with the Licence Distributor and made payment in this respect, shall be sent to the User by the Service Provider by e-mail to the E-mail Address.
7.5 The approximate maximum time for granting the User access to the Licence in accordance with the Licence Agreement concluded (the Licence variant selected) is 24 (twenty-four) hours.
7.6 In the event of certain Licence variants being unavailable in connection with the activity of third parties, including external providers of services rendered to the Service Provider, the estimated time for granting access to the Licence may be extended accordingly by the duration of the relevant obstacle, or may be agreed individually with the User. This also applies to the granting of access to Licences whose status indicates availability at the time when the User confirms its selection of the Licence variant in accordance with clause 7.2.1.
7.7 Subject to and without prejudice to the provisions of the relevant Licence Agreements, the Service Provider is not liable for non-performance or improper performance of an obligation arising from the Licence Agreement if the non-performance or improper performance is caused by an event of force majeure. Force majeure is deemed to include in particular obstacles resulting from strikes, war, riots, any work stoppages, embargoes, epidemics, pandemics, extremely severe weather, fire, flood, explosion or other disasters, governmental actions, orders or restrictions, or any other reason on account of which the non-performance of obligations is beyond the reasonable control of the Service Provider.
7.8 The Service Provider is not liable for any acts or omissions of the Licence Distributor.
7.9 The User represents that it confirms and understands that, in order to use certain functionalities of the Software, it is necessary to purchase the relevant paid Licence (or access to it) and to conclude the relevant Licence Agreement in accordance with the paid Licence selected.
7.10 The User is not entitled to use, for any purpose and in any manner, the materials and content belonging to or published by the Service Provider on the Website or in the Software, and in particular the User is not entitled to use the Service Provider's name or trade designations, unless the relevant agreement, including the Licence Agreement, provides otherwise.
7.11 The creation or holding of a User Account, and the downloading and installation of the Software on an end device, is not tantamount to the transfer to the User or to a third party (including an Authorised User) of any ownership rights or copyrights, nor is it tantamount to the granting of any Licence or the conclusion of a Licence Agreement.
7.12 Subject to and without prejudice to the provisions of the relevant agreements concluded by the User with the Service Provider, including in particular the relevant Licence Agreement, the User Account entitles the User to use the Software by one person at a time (one seat) or on one end device. The User or the Authorised User should make sure whether its use of the Website, of the Service Provider's services or of the Software in a given country or place is lawful and possible. The Website, the Software and the Service Provider's services are not available in all languages.
7.13 The Service Provider reserves the possibility of granting Users, at the Service Provider's discretion, free access to the paid versions of the Software in the form of free (trial) accesses (Licences) to the relevant versions of the Software lasting several or a dozen or so days (e.g. Inspectra Audit, Inspectra Edit). In such cases, the Licence to the relevant version of the Software is granted for the period determined by the Service Provider, i.e. from several to a dozen or so days (depending on the Service Provider's decision), and the relevant Licence Agreement is concluded upon the Service Provider granting the User free (trial) access to the Licence enabling the use of the given version of the Software. In the cases referred to in the preceding sentences, the use of the Software under the free (trial) access (Licence) is governed by the relevant provisions of the Licence Agreement applicable to the given version of the Software, with the exception of the provision concerning the term of the Licence granted, which is replaced by the period referred to in the preceding sentence.
7.14 Before granting an Authorised User or another third party access to the Licence held by the User or to the User Account, the User is obliged to make available to the Authorised User the content of the relevant Licence Agreement and to acquaint the Authorised User with it. The User bears full liability for (i) the lack of knowledge of the provisions of the Licence Agreement, (ii) the acts and omissions of the Authorised User or of another third party to whom it has granted access to the User Account, to the Licence held or to the Software, including in particular for acts or omissions contrary to the relevant Licence Agreement (Licence), to the Terms and Conditions or to the provisions of generally applicable Polish law.
8. Purchase of Licences and payments
8.1 The distributor (seller) of Licences, including in particular the party to the transaction for the purchase of a Licence via the Distributor's website, is solely the Licence Distributor. The Service Provider is not liable for any acts or omissions of the Licence Distributor.
8.2 The Licence Distributor is solely responsible for providing and operating the website run by it which enables the conclusion with it of the transaction for the purchase of a Licence, and is also solely responsible for handling the transaction, including accepting payments in respect of the Licence purchased by the User under the transaction concluded with the Licence Distributor.
8.3 The Licence Distributor is solely responsible for the correct preparation and delivery to Users who have purchased a Licence of the relevant accounting documents (e.g. VAT invoices) under the transaction concluded with the Licence Distributor.
8.4 The Licence Distributor is solely responsible for post-transaction support, including the handling of complaints and claims and the exercise of the rights of Users who have purchased a Licence under the transaction concluded with the Licence Distributor.
8.5 The detailed terms and rules of transactions concluded with the Licence Distributor, including of post-transaction support and the pursuit of claims and rights, are available on the website run by it at the following internet address: https://www.paddle.com or in another place or another form made available by the Licence Distributor.
8.6 The Licence prices published on the Website are expressed in Polish zloty (PLN) or in another currency appropriate for the User's country of origin and are net prices, increased in the relevant cases by the appropriate value added tax (e.g. tax on goods and services – VAT). The prices may not include all costs connected with the transaction for the purchase of the Licence concluded with the Licence Distributor. The final price of the Licence and all other transaction costs are determined solely by the Licence Distributor, and the Service Provider bears no liability whatsoever in this respect, including in particular no liability for differences arising between the final price of the Licence and the price of the Licence presented on the Website.
8.7 Subject to and without prejudice to the provisions of the relevant agreements concluded by the User with the Service Provider, including in particular the relevant Licence Agreement, the conclusion by the User with the Licence Distributor of a transaction covering the purchase of a Licence (access to a Licence), as well as the making of payment in this respect, is not tantamount to the transfer to the User or to a third party of any ownership rights or copyrights, nor is it tantamount to the granting of any Licence or the conclusion of a Licence Agreement.
8.8 The above provisions of clause 8 of the Terms and Conditions do not exclude the possibility for the User to pay the licence fee for the Licence acquired directly to the Service Provider, where the relevant licence agreement concluded provides for remuneration determined by the Service Provider for granting the Licence to the User (the licence fee), bypassing the Licence Distributor.
9. Liability
9.1 The User or the Authorised User is obliged to use the services and products offered by the Service Provider, the Licences granted to the User, the Software and all its functionalities in accordance with the Terms and Conditions, the relevant Licence Agreement or other agreements concluded by the User with the Service Provider, or the relevant terms and conditions of individual services (e.g. the Newsletter), as well as in accordance with the generally applicable provisions of law and with the principles of social coexistence.
9.2 Subject to and without prejudice to the provisions of the relevant agreements concluded with the User, including in particular the Licence Agreements or the agreements for the provision of Electronic Services, the Service Provider is liable for non-performance or improper performance of such agreements within the limits and on the terms provided for by the generally applicable provisions of law in the territory of Poland.
9.3 Subject to and without prejudice to the provisions of the relevant agreements concluded with the User, including in particular the Licence Agreements or the agreements for the provision of Electronic Services, the Service Provider is not liable for non-performance or improper performance of any agreements concluded with the User where this has occurred in connection with acts or omissions of the User, of the Authorised User or of another third party which constitute, in particular, an infringement of the provisions of the Terms and Conditions, of the terms and conditions of the relevant services, of the relevant agreements or of the generally applicable provisions of law.
9.4 The Service Provider is not liable for any acts or omissions of the Licence Distributor or of other third parties or entities for whose actions the Service Provider is not responsible under the relevant agreements or under the generally applicable provisions of law in the territory of Poland.
9.5 The Service Provider bears no liability whatsoever towards the User, the Authorised User or other third parties for damage arising in connection with the use of the Website or its operation, including its functionalities, with the use of the User Account and with the use or operation of the Software. In particular, it bears no liability for any property damage, personal injury, loss of profit or loss of expected benefits.
10. Personal data
Detailed information on the processing of personal data in connection with the operation of the Website or of the Software, including on the purposes, legal bases, recipients, data retention periods and the rights of the data subjects, is set out in the Privacy Policy available at: https://inspectrabim.com/pl/privacy/ (Polish language version) and https://inspectrabim.com/privacy/ (English language version).
11. Final provisions
11.1 The base text of the Terms and Conditions has been drawn up in Polish and translated into English. In the event of any discrepancies between the Polish and the English language version of the Terms and Conditions, the Polish language version of the Terms and Conditions shall prevail and remain binding.
11.2 The Terms and Conditions and all relations or legal relationships arising from them or established on their basis are subject to the generally applicable provisions of law in the territory of Poland and should be interpreted in accordance with that law. The Terms and Conditions do not exclude or in any way limit any rights vested in the User under mandatory provisions of law. In matters not regulated by the Terms and Conditions, the relevant provisions of Polish law shall apply.
11.3 The Service Provider reserves the right to introduce limitations on the use of the Website, of the User Account or of the Software caused by technical servicing, maintenance work or work on improving functionality. At the same time, the Service Provider undertakes to make every effort to ensure that such interruptions take place at night and last as short a time as possible.
11.4 All agreements arising from, concluded on the basis of or in connection with the Terms and Conditions, including in particular the Licence Agreement and agreements for the supply of Digital Content, are concluded in Polish or in English, and the law applicable to the conclusion and performance of such agreements is the law generally applicable in the territory of Poland, and they should be interpreted in accordance with that law. In matters not regulated by the Terms and Conditions, the relevant provisions of Polish law and the relevant provisions of the applicable agreements concluded by the User with the Service Provider (e.g. the Licence Agreement) shall apply. The User and the Service Provider jointly choose Polish law as the law applicable to all their relations or legal relationships, and in particular jointly choose the Polish common courts having local and subject-matter jurisdiction determined by the registered office of the Service Provider to hear all cases and disputes concerning the relations or legal relationships established between the User and the Service Provider, including disputes concerning any agreements concluded between the Service Provider and the User.
11.5 In the event of disputes concerning the relations or legal relationships established between the User and the Service Provider, the User and the Service Provider jointly declare that they shall make every effort to have such disputes resolved amicably by way of direct negotiations conducted in good faith. However, should no agreement be reached, or should there be no prospect of reaching one, within 21 days from the date on which negotiations were commenced, all disputes arising from this agreement shall be settled by the Polish court having local and subject-matter jurisdiction determined by the registered office of the Service Provider.
11.6 In the event of the ineffectiveness or invalidity of any provisions of the Terms and Conditions or of other agreements concluded between the User and the Service Provider, the remaining provisions of the Terms and Conditions or of such agreements shall remain binding. In such a case, the ineffective or invalid provision shall be replaced by an effective and valid provision which, in legal and economic terms, is closest to what the User and the Service Provider intended to agree, or to what they would have agreed in accordance with the assumptions of the Terms and Conditions or of the relevant agreements had they considered this issue at the time of concluding such agreements. The User and the Service Provider undertake to conduct negotiations in good faith aimed at replacing the invalid provisions of the agreements binding them or of the Terms and Conditions with provisions which will be fully valid and effective and which, as regards the economic effects they produce and the intentions of the User and of the Service Provider concluding the relevant agreement in its present wording, will be as close as possible to the provisions affected by invalidity.
11.7 The Service Provider reserves the right to amend the Terms and Conditions at any time, in particular as a result of (i) changes in the legal provisions governing any area affected by the Terms and Conditions (e.g. matters which have been regulated in the Terms and Conditions), the operation of the Website or of the Software, or the provision of the Electronic Services, (ii) changes in the manner of providing the Electronic Services offered by the Service Provider or other services rendered to Users, or in the supply of Digital Content, (iii) the arising of a need to adapt the Service Provider's activity to orders, rulings, decisions or guidelines resulting from decisions of the competent public administration authorities, (iv) changes in the functionalities of the Website, of the User Account or of the Software.
11.8 In the event of amendments to the content of the Terms and Conditions, the Service Provider shall notify the User of this fact at least seven days in advance by sending the User an e-mail message to the User's E-mail Address or by publishing an appropriate announcement on the Website. A consolidated text taking into account all amendments made to the Terms and Conditions shall each time be published on the Website.
11.9 An amendment to the Terms and Conditions also applies to the content and terms of agreements concluded between the User and the Service Provider in the period preceding the amendment to the Terms and Conditions.