Terms and Conditions

DEFINITIONS

1. These T&Cs define the conditions for the provision of services by the Operator via the Tidaro Application to the Customer.

2. In these T&Cs, the following definitions of capitalized terms should be adopted:

2.1. Operator – LMTS Sp. z o. o. with headquarters in Koszalin at ul. Partyzantów 17, 75-900 Koszalin, entered into the register of entrepreneurs kept by the District Court in Koszalin, 9th Commercial Division, under the National Court Register number: 0000950245, VAT ID number: PL6692565163 and Company Registration Number: 521083793.

2.2. Customer – an entity running a business (a natural person acting for their enterprise, a legal person, or an organizational unit without legal personality, and which the law grants legal capacity), who decided to register the Customer Account and use the Application by designated natural persons as Application Users.

2.3. User – a natural person whom the Customer has designated and authorized to use the Application as part of the Customer Account, as a result of registering the User Account and then activating it individually by that person.

2.4. Application – should be understood by:

2.4.1. an application called Tidaro, available via a web browser operating at the internet address https://share.parkanizer.com, by means of which the Operator enables the management of a specific Office Space, based on the available Application functionalities and under the conditions specified in the T&Cs,

2.4.2. a mobile application available on the Google Play Store under the name Tidaro,

2.4.3. a mobile application available in the Apple Store under the name Tidaro.

2.5. Office Space – desk and / or a parking spot, which the Customer has at his disposal and allocated for co-use by the Users.

2.6. Website – a public website at https://www.tidaro.com hosted by the Operator, on which the Operator publishes Subscription Plans, i.e. the Price List and the Terms and Conditions for the provision of the Service in this regard.

2.7. Customer Account Administrator – the role of administering the Customer Account entrusted to a natural person authorized to make declarations of will on behalf of and for the benefit of the Customer (by power of attorney or in accordance with the rules of representation), acting as an Application User, by means of which (through the Customer Account Control Panel) all the functionalities of the Customer Account available in the Application, including the appointment of natural persons to become Users, selection of the Subscription Plan or termination of the Agreement.

2.8. Login – an individual and unique e-mail address which is the unique identifier of the User in the Application.

2.9. Password – a string of characters specified by the User and assigned to the User, required to log into the Application by the User.

2.10. Customer Account – a set of settings in the Application for the Customer, as part of the Application functionality in the Subscription Plan selected by the Customer, as Services provided by the Operator via the Application.

2.11. User Account – a set of settings in the Application for the User, protected by a Login and Password, as part of the Application’s functionality in the Subscription Plan selected by the Customer.

2.12. Customer’s Account Control Panel – Application subpage at http://share.parkanizer.com/preferences, which lists the selected and applicable:

2.12.1. Subscription Plan,

2.12.2. Subscription Fee,

2.12.3. Subscription Period,

2.12.4. possible promotion applied.

2.13. Price List – the Operator’s offer presenting a comparison of benefits and prices within the Subscription Plans for use in the Application, available at the Website under “Pricing” subpage.

2.14. Subscription Plan – package of benefits provided as part of the Service by the Operator during the Subscription Period, selected from the sets available and described on the Website offered by the Operator;.

2.15. Subscription Period – the period of operation of the Customer Account and the availability of the Application to the appropriate extent, within which the Subscription Fee is paid, in accordance with the Subscription Plan.

2.16. Subscription Fee – fee (usually monthly) for maintaining the Customer’s Account in the Application and access to its functionalities, in the amount specified in the Subscription Plan.

2.17. Trial – the period of test use of the Application for the first 30 (thirty) days from the date of completing the registration and configuration of the Customer Account, in which the use of the Application does not require a fee. In justified cases, at the Customer’s request, the length of the Trial Period may be agreed individually.

2.18. Services (Service) – provision by the Operator of the Application software in the SaaS model, enabling the use of the Application functionality under the selected Subscription Plan, under the conditions specified in the T&Cs.

2.19. Customer Service Office – The Operator’s organizational unit responsible for contacting the Users as part of the Services provided, available via e-mail at: support@tidaro.com, at any time from Monday to Friday from 8:00 to 16:00 CET, excluding public holidays.

2.20. Agreement – an agreement for the provision of electronic services, concluded between the Operator and the Customer as a result of accepting the T&Cs, in relation to the functioning of the Customer Account in the Application and the use of the Application by Users in the scope of the selected Subscription Plan, including the rights and obligations of the parties in this regard.

2.21. T&Cs – this document, supplemented with the content indicated in the current Price List and Subscription Plan, which constitute the terms and conditions within the meaning of Art. 8 of the Act of 18 July 2002 on the provision of electronic services (consolidated text, Journal of Laws of 2019, item 123), to which Polish law applies.

2.22. Terms of Use – the rules on which the Operator enables Users to use the functionality of the Application, as part of the Subscription Plan selected by the Customer Account Administrator, available at: https://www.tidaro.com/legal/terms-of-use.

GENERAL PROVISIONS

1. The T&Cs define the rules for making the Application available by the Operator and its use by the Customer, as well as the scope of the rights and obligations of the Operator and the Customer related therewith.

2. In addition to the provisions of the T&Cs, the Operator has defined the Terms of Use for the User, which should each time be accepted by the User authorized to use the Application under the Customer Account.

3. The condition for using the Application and the Services provided by the Operator through it to the Customer and Users is to read the content of the T&Cs and its acceptance by the Customer, as well as to read the content and accept the Terms of Use of the Application by each User as part of the User Account activation process.

4. In case of doubts as to the content of the T&Cs or the Terms of Use, please contact the Operator via the Customer Service Office.

5. The Operator is the owner of the Application and is entitled to full proprietary copyrights to the software within the Application, and the software is free of physical and legal defects. The Operator ensures that he is fully entitled to provide the Services indicated in the T&Cs, and the use of the Application in accordance with these T&Cs and the Terms of Use will not constitute an infringement of the rights of third parties.

6. The Operator reserves that the Application and the graphic elements contained therein, the Operator’s logos, navigation solutions, the selection and layout of the content presented within the Application are the subject of the Operator’s exclusive rights, as well as its know-how, hence all their use for the purpose and manner other than using from the Application as part of the access granted by the Operator, is not allowed.

7. Using the Application, the Operator provides the Service in the SaaS (Software as a Service) model, enabling the management of the Customer’s Office Space within the Customer Account on the terms specified in the T&Cs, primarily by:

7.1. providing information about the Office Space that can be booked by Users;

7.2. making reservations by Users for vacant Office Space;

7.3. archiving historical data regarding reservations made for Office Space via the Application, for reporting purposes to the Customer;

8. The minimum technical requirements of the computer system that the User wants to use to access the Services provided through the Application:

8.1. 1000 MHz processor

8.2. 512 MB RAM memory

8.3. Internet connection

8.4. Browser: HTML5, CSS3 and JavaScript support, with Necessary Cookies support enabled;

9. The minimum versions of the operating system for a smartphone type phone that the User wants to use as part of access to the Services provided by the Application are:

9.1. for phones with the Android operating system, version 6.0 or higher

9.2. for phones with Apple iOS, version 8.0 or higher

10. The operator is not responsible for access to the Internet or for data transfer within the Internet connection operated by the User’s device.

11. The Operator is not responsible for technical problems or technical limitations in the computer equipment used by the User, which prevent the User from using the Application or the Services offered through it.

REGISTRATION AND CONFIGURATION OF THE CUSTOMER ACCOUNT IN THE APPLICATION

1. The Operator informs that access to the Services is possible only after creating a Customer Account in the Application, and thus providing the Operator with the Customer Account of the Customer’s identifying data (including personal data) as part of the Application, as part of the registration form and in the manner described herein. chapter of the T&Cs, as well as on the condition of accepting the terms of the provision of Services indicated in the T&Cs, and after the end of the Trial Period, also on the condition of paying a fee in accordance with the Subscription Plan selected for a given Customer Account.

2. The creation of a Customer Account takes place by completing and sending by the Customer Account Administrator the registration form available on one of the Application subpages.

3. 3.3. Completing the registration form requires the Administrator of the Customer Account to provide at least the following data:

3.1. name and surname of the Customer Account Administrator,

3.2. Customer’s company name,

3.3. e-mail address of the Customer Account Administrator (which is automatically the Login),
and at a later stage of registration, also to define an individual Password for the Customer Account Administrator.

4. The operator reserves the right to extend the registration form with additional fields, the completion of which will be voluntary.

5. The Administrator of the Customer Account, after obtaining approval by e-mail from the Operator and activating the Customer Account with the sent activation link, should provide the Operator with a list of the first Users to be assigned to the Customer Account, providing their data in the form of

5.1. User’s first and last name;

5.2. e-mail address (which is automatically Login);

6. The Operator, in cooperation with the Customer Account Administrator, performs the configuration appropriate for the first Users and a given Customer Account, adequately to the Subscription Plan selected by the Customer Account Administrator.

7. The Operator informs the Customer Account Administrator about the completion of the configuration and, in consultation with the Customer, sets the first day of the Trial Period in which the Customer may test the Application.

8. After the end of the Trial Period, further use of the Account is conditional upon indicating to the Operator (through the Customer Service Office and at the latest by the last day of the Trial Period):

8.1. selected Subscription Plan;

8.2. data necessary for settlements with the Operator:

8.2.1. in the case of a natural person / entrepreneur – NIP and correspondence address

8.2.2. in the case of a legal person or an organizational unit that is not a legal person, to which the law has granted legal capacity – the full name of the entity with an indication of the legal form of the business, entry number in the National Court Register, VAT ID (tax identification number) and correspondence address;

8.2.3. e-mail address for the delivery of a VAT invoice in electronic form, along with a declaration of consent to the sending of VAT invoices by electronic means of communication (in PDF format) – hereinafter referred to as an e-invoice – to the e-mail address provided
and acceptance by the Customer of an electronic VAT invoice issued by the Operator and delivered at the beginning of the Subscription Period, and payment of the Subscription Fee according to the selected Subscription Plan, on the date indicated on the invoice.

9. The Customer Account Administrator is obliged to provide truthful, accurate and up-to-date data, not misleading and not infringing the rights of third parties, and in any case changing them while using the Application to update them via the Customer Account Control Panel or by e-mail via the Customer Service Office. The Customer is responsible for the content of the data provided by the Customer Account Administrator.

10. The Operator reserves the right to block the Customer’s access to the Services, if:

10.1. during the Trial Period, it will be revealed that the Customer has activated the Customer Account once again, having previously deleted his Customer Account due to the expiry of the Trial Period and the lack of selection of the Subscription Plan,

10.2. it is revealed that the Customer Account Administrator used the Application and the Operator’s Services in breach of the provisions of the T&Cs.

USER ACCOUNT REGISTRATION BY THE CUSTOMER

1. After configuring the Customer Account and registering the indicated Users by the Operator, the Customer Account Administrator independently registers subsequent Users, in accordance with the process of registration and activation of the User Account established systemically in the Application.

2. In the process of registering the User, the Operator requires at least the following data:

2.1. User’s first and last name;

2.2. User’s e-mail address (which is also the Login);

3. The Customer is responsible to the Operator for the correctness of the User’s data provided and for obtaining the legal basis for entrusting the Operator with the processing of the User’s personal data for the purpose of using the Application. In each case of a change of data while using the Application, the Customer Account Administrator is obliged to immediately update them through the Customer Account Control Panel or by reporting by e-mail through the Customer Service Office;

4. At any time, the Customer Account Administrator has the option to delete the User Account established as part of a given Customer Account.

RULES OF USING THE APPLICATION

1. The Operator reserves the right to modify the technical method of providing the Services, in line with the development of technical possibilities and progress made in improving the Services.

2. In order to ensure the security of the transmission of messages and in connection with the Services provided, the Operator takes technical and organizational measures appropriate to the degree of threat to the security of the Services provided electronically.

3. The Customer assures the Operator that each User registered as part of the Customer Account will comply with the rules:

3.1. using the Application in a way that does not interfere with its functioning, in particular by using the functionality of the Application as software, in a manner consistent with its intended use;

3.2. not to take actions, especially IT activities, which fall within the competences of the Operator or are aimed at interfering with the structure of the Application or obtaining information not intended for the Customer or User;

3.3. use the Application in a manner consistent with the provisions of law in force in the territory of the Republic of Poland and the Terms of Use;

3.4. not to provide or publish in the Application any content that violates the principles of social coexistence or is prohibited by the provisions of applicable law;
and in the event of disclosure of violations of the above-mentioned rules, the Operator may block the use of the Application to the indicated User/s, or limit access to some or all of the Application’s functionality (including blocking access to the Customer Account), with immediate effect. In such a situation, the Customer and the Operator, through negotiations, will work out an adequate solution to a given situation. 

4. The Operator is not liable for infringement of the rights of third parties and causing any damage to third parties, as a result of and in connection with the activities carried out by any User registered under the Customer Account, using the Application.

5. The operator is not responsible for data transmission, in accordance with art. 12-14 of the Act of July 18, 2002 on the provision of electronic services.

6. The Customer Account Administrator may request removal at any time:

6.1. User Accounts as part of its registration and linking with the Customer Account;

6.2. Customer Accounts, and in this case all information contained in the Application related to the Customer Account will also be deleted for a given User.

7. Removal of the User Account by the Customer Account Administrator does not reduce the Subscription Fee and does not constitute an automatic change to the Subscription Plan (applicable to a smaller number of Users). Changing the Subscription Plan is possible under the conditions set out in paragraph 6.11 below.

FEES AND CONTRACT BINDING

1. The use of individual Services provided by the Operator as part of the Application is payable, in accordance with the conditions set out in the Price List and these T&Cs, unless the parties expressly provide otherwise in a separate agreement concluded between the Operator and the Customer in writing (otherwise null and void).

2. The test use of the Application during configuration and the Trial Period is used by the Customer to determine whether the Application as the Operator’s product is useful to the Customer and meets his expectations.

3. Detailed information on Subscription Fees and the scope of services under individual Subscription Plans can be found in the Price List. In justified cases, at the Customer’s request, an individual Subscription Plan may be agreed (it does not exist in the Price List offer).

4. Any changes to the Price List will be announced on the Website and will apply to the Customer in relation to the given Customer Account:

4.1. only after the Operator of the Customer Account Administrator has notified the changes made to the Subscription Plan selected by him, at least 2 weeks before the end of the current Subscription Period,

4.2. unless the Customer Account Administrator does not resign from the selected Subscription Plan, at least in the form of e-mail correspondence to the address of the Customer Service Office, clearly indicating that he does not agree to the new terms of service for the Customer Account previously selected by the Administrator,

provided that this section 6.4. does not apply to situations where the parties have concluded in a separate agreement (in writing under pain of nullity) a provision on the provision of Services by the Operator to the Customer under certain price conditions for a strictly defined period.

5. At the end of the Trial Period, after receiving information about the selected Subscription Plan and completing the necessary data referred to in these T&Cs, the Operator will issue the Customer with a VAT e-invoice for the Subscription Fee, according to the selected Plan, with a 30-day payment term, including on the same day he will deliver it via e-mail to the indicated e-mail address of the Customer.

6. The payment should be made by bank transfer to the bank account number indicated on the e-invoice, and the date of payment is the date of crediting the Operator’s bank account.

7. The operator ensures that the bank account number indicated on the e-invoice has been reported to the electronic register as part of the so-called “White list of taxpayers” referred to in the Act on tax on goods and services, and if before the payment is made, the Customer receives information about the lack of a bank account record under the above-mentioned register, the Customer will be entitled to make a payment to another bank account indicated by the Operator, which will be in this register.

8. If the Customer Account Administrator has not submitted a declaration of resignation from the Services, the Agreement is extended by another Subscription Period in accordance with the Subscription Plan corresponding to the number of registered users in the application, and the Operator, at the beginning of the next Subscription Period, will issue and deliver another e-invoice for the Subscription Fee for the current Subscription Plan.

9. The first day following the end of the last day of the Trial Period shall be the day of the beginning of the Subscription Period, and this Period will end on the date which corresponds to the beginning of the Subscription Period, and if there was no such day in the following month – on the last day of the month.

10. The Customer Account Administrator in the Account Settings Panel has access to payment information, including about the current methods of paying the Subscription Fee.

11. During the Subscription Period, the Customer Account Administrator may request the Operator to change the Subscription Plan by contacting the Service Center and in such a case the change of the Subscription Plan will be effective:

11.1. for Subscription Plans with a higher Subscription Fee – immediately from the moment the Operator accepts a change to the Subscription Plan and the Operator confirms the possibility of servicing more Users (or fulfilling other additional services) and on the condition of accepting (payment obligation) of the corrected e-invoice for the Subscription Fee in a higher amount, and it will be calculated proportionally for the number of days remaining until the end of the newly selected Subscription Period. The amount of the fee will be presented to the Customer in the Customer Account Control Panel.

11.2. for Subscription Plans with a lower Subscription Fee – starting from the day following the end of the current Subscription Period, if the newly selected Subscription Plan is cheaper than the currently applicable Subscription Plan.

LOCKING ACCESS TO THE APPLICATION

1. Failure by the Customer to make the payment within an additional period of 30 (thirty) days from the date of expiry of the payment deadline specified on the e-invoice for the Subscription Fee, despite the Operator informing the Customer about the failure to make the payment, by e-mail correspondence to the Customer Account Administrator, immediately after the expiry of the e-invoice payments will result in automatic blocking of access for each User assigned to a given Customer Account.

2. If the Customer makes the full payment of the outstanding amount as the Subscription Fee within the next 7 (seven) days from the date of blocking access to the Customer Account, this access will be immediately unblocked.

3. Ineffective expiry of the seven-day period counted from the date of blocking access to the Customer Account will result in the automatic deletion of the Customer Account and termination of the Agreement.

CANCELLATION OF THE SERVICES AND TERMINATION OF THE CONTRACT

1. The Customer may resign from the Operator’s Services and use of the Application at any time by submitting a declaration of termination of the Agreement by e-mail to the address of the Customer Service Office.

2. If the Customer Account Administrator has submitted a declaration of resignation from the Services, the Contract shall be terminated on the date of the end of the current Subscription Period in which the resignation was submitted to the Operator, and there will be no automatic subscription for the next Subscription Period; until the end of this Subscription Period, the Operator is obliged to provide Services and the Customer (Users assigned to the Customer Account) has the right to continue using the Application (he is not entitled to a refund).

TECHNICAL BREAKS AND SERVICE AVAILABILITY

1. The Operator provides the possibility of using the Application to all registered Users (assigned to the Customer Account), taking due care to ensure that the Service is available at the highest possible level. In individual cases, the guaranteed level of Application availability may be regulated in a separate agreement concluded with the Customer (SLA) in writing (otherwise null and void)..

2. The Operator is entitled to a temporary interruption in the operation of the Application and the Services it provides for technical reasons, about which it will inform Users as soon as possible.

3. The operator will make every effort to ensure that technical breaks take place at night and last as short as possible.

4. In the event of a technical break lasting more than 24 hours, the Customer has the right to extend the validity of the Subscription Period during which the technical break took place, for as many days as the technical break.

5. The Operator is not responsible for non-performance or improper performance of the Services for reasons attributable to third parties (including telecommunications network operators), or caused by a force majeure event, about which it will immediately inform the Customer Account Administrator.

PERSONAL DATA PROTECTION

1. Any personal data that will be provided by the Administrator of the Customer Account (or directly by the User) or collected by the Operator in relation to the Customer and / or User, in the course and in connection with the provision of Services, will be processed in a manner consistent with the law, including in accordance with 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, hereinafter referred to as GDPR.

2. In order to provide the Services as part of the Application, the Customer entrusts the Operator with the personal data specified in these T&Cs (provided as part of the form registered by the Customer or the User, and in the course of providing the Services, in particular as part of correspondence with the Operator) to process them to the extent necessary to provide Services, in accordance with Art. 28 GDPR and on terms of the Data Processing Agreement (https://www.tidaro.com/legal/data-processing-agreement), to which the Customer agrees.

3. The Operator clearly informs that without entering the personal data referred to in sec. 3.3, paragraph 3.5. and paragraph 3.9 respectively, the provision of the Services by the Operator will not be possible.

COMPLAINTS

1. All complaints related to the provision of Services by the Operator and questions regarding the use of the Application should be sent to the Customer Service Office.

2. The complaint should include: name and surname – in the case of a natural person or company – in the case of a legal person or an organizational unit that is not a legal person, which the law grants legal personality and a User Login, as well as a detailed description and reason for the complaint, along with the expected by The User by the manner of its consideration by the Operator.

3. Complaints resulting from failure to comply with the content of the T&Cs will not be considered by the Operator.

4. The Operator considers the complaint within 10 (ten) working days from the date of its receipt and informs the User immediately, by e-mail, of the manner of its consideration. In a situation where the data or information provided in the complaint need to be supplemented, the Operator asks the person submitting the complaint to supplement it, before considering the complaint. The time of providing additional explanations by the User extends the period of considering the complaint accordingly.

5. All other notifications, comments and questions regarding the functioning of the Application may be sent by e-mail to the address of the Customer Service Office.

FINAL PROVISIONS

1. The content of the T&Cs is available at any time, via the link on the Website (https://www.tidaro.com/legal/terms-of-service), in the Application or by contacting the address of the Customer Service Office.

2. In matters not regulated by the T&Cs and / or a separate agreement concluded between the Operator and the Customer in writing (under pain of nullity), the provisions of the Civil Code and other laws shall apply.

3. The operator has the right to change the T&Cs at any time, however:

3.1. the new content of the T&Cs is valid only after the Customer has been notified of the change in the T&Cs, and starting from the next Subscription Period;

3.2. in the event that the Customer Account Administrator does not consent to the new content of the T&Cs, the Agreement shall be terminated at the end of the last day of the current Subscription Period.