Terms of Use

DEFINITIONS

1. This document specifies the conditions under which, in connection with the conclusion of the Agreement between the Customer and the Operator, the User is allowed to use the functionalities of the Tidaro Application, including the rights and obligations of the User of this Application (hereinafter referred to as “Terms of Use”).

2. In these Terms of Use, 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 maintained by the Operator at https://www.tidaro.com, where the Operator publishes information applicable to Customers and Users.

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

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

2.9. 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.

2.10. 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.

2.11. 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.

2.12. 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.

2.13. T&Cs – it should be understood as the Terms and Conditions, accepted by the Customer, specifying the rules for the provision of Services by the Operator to the Customer, available at: https://www.tidaro.com/legal/terms-of-service/.

GENERAL PROVISIONS

1. The owner of the Application and the entity providing the Service is the Operator.

2. 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:

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

2.2. making reservations by Users for vacant Office Space;

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

3. The condition for the use of the Application by the Users is to read the content and accept the Terms of Use by each of the Users as part of the User’s Account activation process.

4. In case of doubts as to the content of the Terms of Use by the User, the Operator should be immediately contacted via the Customer Service Office.

5. The Operator provides the User with the functionalities of the Application that are visible and active as part of the User Account.

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

6.1. 1000 MHz processor

6.2. 512 MB RAM memory

6.3. Internet connection

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

7. 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:

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

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

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

9. 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.

ESTABLISHING A USER ACCOUNT

1. The Operator informs that access to the Services and use of the Application by the User is possible only through an active User Account in the Application.

2. The Account Administrator decides to appoint a given person as a User and to register a User, and the User (invited to activate such an account via e-mail) is entitled to activate the Account and use it in accordance with the rules provided by the Operator, in particular in accordance with these Terms of Use.

3. The Operator informs the User that in the process of registering the User, the Customer provides the Operator with the following User data:

3.1. User’s first and last name;

3.2. User’s e-mail address (which is also the Login),
therefore the User should immediately inform the Operator if the data is false or does not consent to their disclosure and / or processing by the Operator as part of the Application (more on the processing conditions in section 5 below), by e-mail to the address of the Customer Service Office.

4. To complete the User registration process, it is necessary to activate the User Account and establish an individual Password by the User.

5. The User is responsible for maintaining the proper confidentiality of his Password.

6. The Customer decides about the User’s availability to the Application and the period of operation of the User Account, as part of the rights granted to him by the Operator to register and delete the User Account.

7. Only the User has access to the Password set by him.

8. The Operator reserves the right to block access to the User Account, if:

8.1. The Customer will not make the required payments for the Operator’s Services, in accordance with the Agreement and / or the T&Cs;

8.2. it will be shown that the use of the Application by the User violates the provisions of the Terms of Use, law or good manners.

9. The User accepts and consents to the provisions of the application’s Privacy Policy (https://www.tidaro.com/legal/privacy-policy/).

RULES OF USING THE APPLICATION

1. The Operator reserves the right to modify the technical method of using the Application (accordingly, the progress in improving the Service provided based on the Application), about which it will inform the User accordingly.

2. In order to ensure the security of the transmission of messages 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 Operator is not liable to Users for difficulties in using the Application for reasons attributable to third parties (including telecommunications network operators) or caused by force majeure events, about which the User will be informed immediately.

4. In connection with the use of the Application, the User is obliged to:

4.1. using the Application in a way that does not interfere with its functioning, in particular through the use of dedicated software as part of the Application, in a manner consistent with its intended use;

4.2. 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 User;

4.3. use the Application in a manner consistent with the law or these Terms of Use;

4.4. not posting untrue content in the Application, contrary to decency or prohibited by the provisions of applicable law;

4.5. use the Application in a way that is not inconvenient for other Users and the Operator, with respect for their personal rights (including the right to privacy) and all their rights;

5. 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 the User using the Application.

6. 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.

7. The User is obliged to immediately notify the Operator of any violation of his rights as part of his use of the Application, as well as any violation of the rules set out in the Terms of Use or the rules of personal data protection, about which he obtained knowledge.

8. The Operator may deprive the User of the right to use the Application (in whole or in selected areas of the Application), with immediate effect, in the event of:

8.1. violation of applicable law through the Application, in particular the personal rights of other Users;

8.2. other behaviors of the User in connection with the use of the Application by him, which are inconsistent with applicable law or morality – for which the User was reminded and did not comply with the request;

9. Using the Application as part of the access granted to the User Account (established in accordance with the procedure) does not involve the User’s obligation to make any payment to the Operator.

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. Each User may access these Terms of Use free of charge at any time via the link on the Website (https://www.tidaro.com/legal/terms-of-use), in the Application or by contacting the Customer Service Office.

2. The Operator reserves that the Application and the Operator’s graphic elements, Operator’s logos, navigation solutions, the selection and layout of the content presented within the Application are subject to the exclusive rights of the Operator, as well as its know-how, hence any copying or other use by the User in purpose and any method other than using the Application in accordance with the Terms of Use, is not allowed.

3. The Terms of Use shall apply to the User for the duration of the User’s use of the Application (active access to the User Account), from the time the User expressly consent to their content, in the process of activating the User Account.

4. Apart from complaints or comments regarding the use of the Application – which the Operator ensures to recognize with special attention – the User has no right to demand changes to the Terms of Use.

5. However, at any time, the User has the right to withdraw the consent granted to the Terms of Use by sending a statement to the Service Office, which will mean the end of using the Application and deletion of the User Account.

6. The Operator has the right to change the Terms of Use at any time, but the User is bound by the new content only after notification of the change and the period from which the change is effective (not earlier than the date of notification by the Operator).

7. The User agrees to contact the Operator regarding the use of the Application or the Terms of Use by e-mail to the e-mail address provided by the User in the course of activating the User’s Account.