Last update: 23.08.2019    |    Valid from: 09.09.2019


Terms of service, license agreement, data processing agreement

Thanks for using our services and software (“Services”).
The Services are provided by Curulis Sp. z o.o. (“Curulis”), located at Pl. Wiosny Ludów 2, 61-831 Poznań, Poland. By using our Services, you are agreeing to these terms and entering into a contract with Curulis. Please read them carefully. If you do not agree to any of the terms of service or license agreement, or data processing agreement, please immediately stop using Services and return, delete or destroy all copies of our Software in your possession. This terms, license agreement and data processing agreement were written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.

1. Usage of Services
Website of pclogger.net, including Curulis account, administrative panel admin.pclogger.net are the primary services this agreement covers. We refer to these services, as well as other software, websites, and services that link to this agreement collectively as the “Services”. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. Using our Services does not give you ownership of any intellectual property rights in our Services, software or the content you access.

2. Curulis account
Curulis account is a service that lets you sign in to products, websites and Services. When creating a Curulis account we ask you to provide certain information, like your e-mail address, your password, name, surname and organization.

3. Your content in our Services
Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive content to or through our Services, you give Curulis (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, developing new ones, and conducting and publishing research. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

4. Software used in Services
Service may require downloadable Software. This Software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Curulis gives you a personal, worldwide, non-assignable and non-exclusive license to use the Software provided to you by Curulis as part of the Services in accordance with the license agreement which constitutes Appendix 1 to this Terms.

5. Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. We will not stop our Services until end of all paid subscriptions to these Services.

6. Charges
If there is a charge associated with a portion of the Services, you agree to pay that charge. You agree to pay us all fees detailed on your Order Form in accordance with the agreed upon payment terms. Bank charges at your expense. All fees are payable in the currency indicated on your Order Form, within 14 days. If there is a fixed term and price for your Service offer, that price will remain in force for the term. Subscriptions may renew automatically for another period upon expiration of current period, unless you cancel before expiration of the current period. You may cancel your purchase of subscription or our Software within 14 days from the date of purchase by sending an email or letter.

7. Our Warranties and Disclaimers
Curulis, and and its suppliers and distributors make no warranties, express or implied, guarantees or conditions with respect to your use of the Services. You understand that use of the Services is at your own risk and that we provide the Services on an “as is” basis “with all faults” and “as available.” Curulis doesn't guarantee the accuracy or timeliness of information available from the Services. to the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. you may have certain rights under your local law. Nothing in this agreement is intended to affect those rights, if they are applicable. You acknowledge that computer and telecommunications systems aren't fault-free and occasional periods of downtime occur. We don't guarantee the Services will be uninterrupted, timely, secure, or error-free or that content loss won't occur.

8. Liability for our Services
When permitted by law, Curulis, and Curulis’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Curulis, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services.

9. Personal data
When using our Services, two types of personal data may be processed - the user's personal data (name, surname, e-mail address, data necessary for the agreement to be processed and for marketing services) and personal data uploaded by the User, for which he is the administrator of personal data (e.g. personal data of employees covered by the system). Curulis’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Curulis can use such data in accordance with our privacy policies. As part of the Services, you can entrust us with the processing of personal data that you are the administrator of. The way of handling such data is regulated by the Data Processing Agreement (DPA), which is an attachment to the Regulations.

10. Complaints
In case when the Service is not being provided according to these Terms of Service, you have the right to file a compliant. Complaints should be sent by post or e-mail to the addresses indicated in point 12 of the Terms. The complaint should include information: your Username within the system, the time when the problem occurred, a detailed description of the problem, a description of all objections. Complaints will be considered within 14 days.

11. Governing Law
This agreement is governed by the laws of Poland. The parties, in turn, unconditionally and irrevocably consent to the exclusive jurisdiction of the courts in Poznań, Poland. The parties waive any objection with respect to the above, for the purpose of any action, suit or proceeding that relates to this agreement.

12. Additional information
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. All notices must be made in writing. An email is sufficient. All notices must be addressed to: Curulis Sp. z o.o. Pl. Wiosny Ludów 2 61-831 Poznań (Poland) Email: office[*at*]pclogger.net

Appendix No. 1 to the Terms - Licence agreement

This License Agreement applies to you and Curulis Sp. z o.o. (“Curulis”), located at Pl. Wiosny Ludów 2, 61-831 Poznań, Poland, for the licensing and use of our software, which includes the Curulis software and all versions, features, applications and modules thereto (“Software”). This License Agreement is applicable together with the Terms of service (available at: https://www.pclogger.net/terms). By clicking “I accept” downloading or otherwise using our Software, you agree to all terms and conditions of this License Agreement and Terms of service. If you do not agree to any of the terms of this License Agreement or Terms of service, please immediately return, delete or destroy all copies of our Software in your possession.

1. Scoope of license
We grant you a license to use the Software during the subscription or license term that is indicated on your software order form (“Order Form”). The license granted is non-exclusive, non-transferable and its scope is dependent on the type of subscription or license you purchase. The type and details are contained in Order Form (available via admin.pclogger.net), our website: www.pclogger.net or in any written communication you have received from us regarding your subscription or license.

2. Restrictions
You may not transfer, assign or sub-license your license rights to any other person or entity, or use or permit our Software to be used for third-party services. You may not modify, sell, or lease any part of our Services or included Software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

3. Reservation of rights
You acknowledge that all intellectual property rights in our Software belong to us and our licensors. Rights in our Software are licensed (not sold). You have no right or title in our Software other than the limited right granted under this License Agreement. We, and our licensors, retain ownership of all copies of our Software and reserve all rights not expressly granted to you under this License Agreement.

4. Privacy
For information about Curulis’s data protection practices, please read Curulis’s privacy policy at: https://www.pclogger.net/privacy. This policy explains how Curulis treats your personal information, and protects your privacy, when you use the Services and the Software. You agree to the use of your data in accordance with Curulis’s privacy policies.

5. Updates
The Software which you use may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Services and Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Curulis to deliver these to you) as part of your use of the Services and Software.

6. Charges
The license is granted to users in two modes, depending on the options specified in the Order Form. The license is granted royalty-free for users who use a valid subscription to the Service, solely for the purpose of providing these Services and valid until the end of the subscription period (paid or unpaid). The license is granted of charge for users who have chosen to purchase license (not subscription). In this case, this License Agreement covers all provided by Curulis software components necessary for the operation of the system. You agree to pay us all fees detailed on your Order Form in accordance with the agreed upon payment terms. Bank charges at your expense. All fees are payable in the currency indicated on your Order Form, within 14 days. Subscriptions may renew automatically for another period upon expiration of current period, unless you cancel before expiration of the current period. You may cancel your purchase of subscription or our Software within 14 days from the date of purchase by sending an email or letter.

7. Term and termination
With a subscription, your right to use the Software ends immediately upon expiration of the license term noted on your Order Form. With a paid license, your right to use the Software is without time limit, unless other agreements or provisions provide otherwise. We may increase the prices for subscription at any time after we have notified you by email at least 14 days in advance. You may cancel your subscription in writing before the new price becomes effective. If you are a free subscription user, either party may terminate the license granted at any time. We may immediately terminate, wholly or partly, this License Agreement and your right to use our Software and seek other remedies if you breach any of your obligations. Upon termination, you must cease all use of our Software, destroy all copies of our Software and all of its component parts, or, at our request, return such copies and parts to us.

8. Warranty
Our Software is provided to the user “as is”. We do not guarantee that the specifications or functions contained in our Software will meet your requirements, that the operation of our Software will be uninterrupted or error-free, or that defects in our product will be corrected. we do not guarantee that the Software will work with third-party software or other products. Furthermore, we do not guarantee that the product or specifically designed versions will continue to be available through third-party online stores or markets, or for specific devices or systems manufactured by third parties.

9. Limitation of liability
Unless otherwise noted in this License Agreement, Curulis shall be liable in case of breach of contractual and non-contractual obligations as provided for under applicable law. We are liable for damages – for whatever legal reason – only in cases of intent or gross negligence. Our liability shall be limited to replacement of the foreseeable, typical damage. In no event are we liable for any special, incidental, indirect or consequential damages whatsoever. The above limitations of liability do not apply if we maliciously concealed a defect or assumed liability for the condition of the goods. Unless provided for under applicable mandatory law, we have no liability for Third Party Software and your use of Third Party Software.

10. Governing Law
This agreement is governed by the laws of Poland. The parties, in turn, unconditionally and irrevocably consent to the exclusive jurisdiction of the courts in Poznań, Poland. The parties waive any objection with respect to the above, for the purpose of any action, suit or proceeding that relates to this agreement.

11. Additional information
We may modify these terms or any additional terms that apply to a Service or a Software to, for example, reflect changes to the law or changes to our Services. We’ll post notice of modifications to these terms on website: https://www.pclogger.net/terms. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If you do not agree to the modified terms for a Service or Lincense Agreement, you should discontinue your use of that Service or Software. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. All notices must be made in writing. An email is sufficient. All notices must be addressed to: Curulis Sp. z o.o. Pl. Wiosny Ludów 2 61-831 Poznań (Poland) Email: office[*at*]pclogger.net

Appendix No. 2 to the Terms - Data Processing Agreement (DPA)

This Data Processing Agreement ("DPA") applies to you and Curulis Sp. z o.o. (“Curulis”), located at Pl. Wiosny Ludów 2, 61-831 Poznań, Poland, for the data processing. This Data Processing Agreement is applicable together with the Terms of service (available at: https://www.pclogger.net/terms). By clicking “I accept” downloading or otherwise using our Software, you agree to all terms and conditions of this Data Processing Agreement and Terms of service. If you do not agree to any of the terms of this DPA or Terms of service, please immediately return, delete or destroy all copies of our Software in your possession.

1. Definitions
„GDPR” refers to the General Data Protection Regulation of the European Parliament and Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to processing of personal data and on the free movement of such data, and repealing Directive 95 / 46 / EC (General Data Protection Regulation).
„Data Controller” refers to the Ordering Party or any entity related to it, which defines the purposes and means for processing Personal Data, individually or in cooperation with others.
„Data Processor” refers to Curulis.
„Data Subject” refers to any physical person, to whom the Personal Data is related to.
„Agreement” refers to the Terms of service.
„Personal Data” refers to all information which relates to a physical person who is identified or may be identified (Data Subject), which is the subject matter of this Data Processing Agreement.
„Data Sub-Processor” refers to a contractual partner of the Data Processor, who processes Personal Data which belongs to the Data Controller, admitted into the process by the Data Processor.

2. Subject matter of this Agreement
The Parties are bound by an Agreement, the performance of which shall involve processing of Personal Data. The Data Processor agrees to process Personal Data on the basis of the Data Processing Agreement and in compliance with GDPR and applicable law.

3. Purpose, scope and means of processing Personal Data
The Data Controller entrusts the Data Processor with Personal Data in relation to the carrying out of the Agreement, with the purpose of providing access to the Services, using its functionalities and organisational and technical support related to the use of the application by the Data Controller. The Data Processor shall process Personal Data related to the following category f persons: physical persons, whose Personal Data was entered into the Services by its users. It may be: first and last name, position, company name, e-mail address, domain ID (Windows AD) and others. The Data Processor shall process data in electronic form with Services and other tools required for carrying out of the provisions of the Agreement.

4. Security
Considering the scope of technical knowledge, cost of implementation, and the character, scope, context and purposes of processing, as well as the risk of violation of the rights and freedoms of physical persons of different probabilities and seriousness levels, The Data Processor shall implement proper technical and organizational means to ensure that processing of Personal Data takes place in compliance with GDPR and applicable law.

5. Rules for processing data
The Data processor shall process the Personal Data only on the basis of this Data Processing Agreement, and other documented orders of the Data Controller. The Data Processor is obliged to ensure that any persons authorised to process Personal Data on their behalf are formally required to maintain confidentiality. The Data Processor shall familiarise their employees, collaborators and other persons authorised to Process Personal Data on their behalf with the provisions of the law regarding personal data protection and the consequences of violating those laws.

6. Cooperation
The Data Processor shall assure the highest degree of professional care to assist the Data Controller in carrying out their duties resulting from GDPR and applicable law. The Data Processor shall notify the Data Controller of a Personal Data Breach immediately via electronic mail to their email address, no later than within 48 hours from becoming aware of any case of suspicion of a breach of personal data protection or non-compliance with the Law on Personal Data Protection.

7. Audit
The Data Controller is entitled to audit the location of data processing or the premises of the Data Processor to obtain the required information or review the Personal Data which is being stored. The Data Controller is obliged to inform the Data Processor of the date of the planned audit using electronic mail to the e-mail address of the Data Processor, at least 30 days before the scheduled date of the inspection. The inspection shall be carried out within the working hours of the Data Processor’s office on a regular workday, and it may not negatively influence the proper and timely conduct of daily operations of the Data Processor related to their current business activity. The Audit conducted by the Data Controller may take up to 1 full workday.

8. Territorial scope
The Data Processor is authorised to process Personal Data within the territory of EEA. The Data Processor is authorised to process Personal Data by transferring it to Third Countries. This may only take place under the conditions defined in Chapter 5 of GDPR, particularly the Data Processor may transfer the data to a Third Country which the European Commission decided that it ensures an adequate level of protection.

9. Sub-Processors
The Data Controller agrees for the Data Processor to use services provided by Sub-Processors in the processing of the Personal Data, to carry out the provisions of the Agreement properly. The Agreement between the Data Processor and the Sub-Processor includes an obligation for protecting Personal Data by the Sub-Processor, at least to the same scope as defined in this Data Processing Agreement. In particular, the Sub-Processor is obliged to ensure sufficient guarantees of implementing proper technical and organisational means, for the processing to meet the requirements of GDPR and applicable law.

10. Duration of DPA
Upon termination or dissolution of this Agreement, the Data Processor shall cease to process the Personal Data. In accordance with the will of the Data Controller, the Data Processor shall anonymise any Personal Data in an irreversible way, on every medium, where the Personal Data was stored, both on premises of the Data Processor and all Sub-Processors. Anonymisation to the Personal Data, shall take place no later than 180 days from the day of termination or dissolution of the Agreement.

11. Responsiblity
The Data Processor is responsible for any damages caused to the Data Controller, which resulted in relation to nonfulfilment or improper fulfillment of the provisions of this Data Processing Agreement, by the Data Processor, particularly any Personal Data processing noncompliant with this Agreement, within the scope of the actual loss incurred by the Data Controller, with the reservation that the Data Processor does not bear any responsibility for any damages which resulted from unintentional guilt. In that same scope, the Data Processor bears responsibility for any actions of their employees, collaborators, and other persons assisting them in processing the entrusted Personal Data, including Sub-Processors.