Terms of Use for the SellTime System

§ 1. General Provisions

These Terms define the rules and conditions for using the SellTime system (the “System”) and the rights and obligations of the Service Provider and the User.

The Service Provider is SELL TIME spółka z ograniczoną odpowiedzialnością with its registered office in Białystok, ul. Świętojańska 15m, 15-277 Białystok, entered in the register of entrepreneurs by the District Court in Białystok under KRS number 0001203466, NIP: 5423507281, REGON: 543177554 (hereinafter: “SellTime”).

A User is any entity conducting business or professional activity that has concluded an agreement for the use of the System (in writing or in documentary form) or has concluded an agreement for the use of the System by accepting these Terms. In the case of natural persons, a User of the System may only be a person for whom

Upon acceptance of these Terms, an agreement for the use of the System is concluded between SellTime and the User on the terms set out in these Terms, unless an agreement for the use of the System has previously been concluded in writing or in documentary form.

The System is a comprehensive IT solution used to manage working time in entities employing personnel.

Use of the System obliges the User and all persons using the System on behalf of the User to comply with these Terms.

Use of the System requires prior review and acceptance of the Privacy Policy, consent to the processing of personal data, and confirmation that the condition specified in section 3 above is met.

The User may contact SellTime in connection with the operation of the System by email at the following address: … or through the contact form made available in the System.

SellTime is entitled to unilaterally amend these Terms for important reasons at any time, in particular due to changes in the functionality of the System, updates to the System, modifications, and improvements to the System. Amendments enter into force one month after the date of their publication and the provision of the new Terms through the System. If the User does not agree to the amended Terms, the User is entitled to terminate the agreement as of the effective date of the new Terms, subject to at least a 14-day notice period. If the User does not submit a termination notice 14 days before the new Terms enter into force, this means acceptance of the new Terms.

§ 2. Licence and Copyright

SellTime declares that it is the owner of the System and holds the economic copyrights and trademark rights contained in the System.

Upon obtaining access to the System, SellTime grants the User a non-exclusive licence to use the System for the duration of the cooperation, without the possibility of interfering with its integrity.

The User has no right to grant further sublicences.

SellTime decides on the functionalities, appearance, development directions, and updates of the System.

The User is entitled to designate persons who will use the System on its behalf.

All rights not expressly granted to the User belong to SellTime.

§ 3. Rules for Using the System

The User uses the System for its own account and at its own risk, using its own IT infrastructure.

Use of the System requires creating an account. The User is obliged to provide reliable and truthful data of the System users.

The User is prohibited from:

• copying, changing, interfering with, or modifying the System or any part of it (in particular software and source code), including creating derivative software, adaptations, or translations of the System or any part of it, or combining the System or any part of it with another program or application, contrary to SellTime’s guidelines;
• using the System in a way that could disrupt, interrupt, impair, or damage the operation of the System;
• using external programs to obtain access to the System and the data collected in it for any purpose;
• undertaking any unfair actions, including impersonating third parties, providing false personal data, or obtaining access to, collecting, or storing data of a third party located in the System on the User’s account;
• storing, sending, or otherwise making available materials and content containing viruses or other files or programs intended to damage, disrupt, or limit the normal operation of the System or any part of it;
• infringing any rights of third parties, including intellectual property rights or the privacy rights of third parties;
• storing, sending, or making available through the System content and data of an unlawful nature;
• reproducing, marketing, or distributing the System or any part of it, including selling, lending, leasing, renting, or making it available to third parties on any other legal basis.

The User bears full responsibility for the actions of persons to whom the User has enabled access to the System.

§ 4. Technical Conditions and Availability

The minimum technical requirements necessary to use the System are set out in Appendix 1 to the Terms.

SellTime reserves the right to temporarily make the System unavailable due to maintenance, testing, or updates, of which it will notify the User in advance.

The obligation to create backup copies of data collected in the System rests with the User. SellTime is not liable for their loss.

§ 5. Implementation Period

The Parties may agree that the first months of cooperation will be an implementation period intended for training and familiarization with the System.

During the implementation period, the System may not have full functionality, which does not constitute grounds for claims by the User.

Either Party may resign from further cooperation before the end of the implementation period by submitting an appropriate statement.

§ 6. Remuneration

For using the System, the User is obliged to pay monthly remuneration in the amount specified in the licence agreement or resulting from SellTime’s current price list, constituting Appendix 2 to this Agreement.

Unless the Parties agree otherwise, remuneration will be payable monthly in advance at the beginning of each month within 7 days from the date of issuance of a VAT invoice.

Extending the use of the System to additional modules or organizational units of the User results in additional remuneration being charged in accordance with the rates specified in SellTime’s current price list.

SellTime is entitled to change the price list at any time with a one-month notice period. The User will be notified of each change to the price list through the System. If the User does not agree to the changed price list, the User is entitled to terminate the agreement as of the effective date of the new price list, subject to at least a 14-day notice period. If the User does not submit a termination notice 14 days before the new price list enters into force, this means acceptance of the new System price list.

§ 7. Liability and Confidentiality

SellTime’s liability towards the User on any grounds is limited to the net remuneration paid in the last six months before the damage occurred. SellTime’s liability for the User’s lost profits is excluded.

SellTime is not liable for failures resulting from force majeure or third-party systems that it does not administer.

SellTime and the User undertake to keep confidential all information constituting the other Party’s trade secrets obtained during the cooperation.

The limitations of liability do not apply to damage caused intentionally.

§ 8. Complaints

All complaints regarding the use of the System should be submitted to SellTime within 14 days of discovering the irregularity.

Complaints may be submitted:

• by email to: …
• through the form available in the System.

SellTime will exercise due diligence to review the complaint as soon as possible (no later than within 14 days) after the Service Provider receives all information necessary to review it.

§ 9. Termination of the Agreement

The agreement concluded as a result of acceptance of these Terms is concluded for an indefinite period.

Either Party may terminate the agreement for the use of the System subject to a …-month notice period.

SellTime may terminate the agreement without notice in the event of a payment delay exceeding 14 days or a breach by the User of the rules for using the System.

§ 10. Final Provisions

Personal data is processed in accordance with the SellTime Privacy Policy.

In matters not regulated herein, the laws of the Republic of Poland apply, in particular the Civil Code and the Copyright Act.

If the Parties have concluded an agreement in writing or in documentary form whose subject is the use of the System, these Terms apply to the extent not regulated in that agreement, and in the event of discrepancies between the separate agreement and the Terms, the provisions of the agreement concluded in writing or in documentary form prevail.

These Terms apply only to Users who are not consumers and are not entrepreneurs referred to in Article 7aa section 1 of the Consumer Rights Act. Entrepreneurs who are natural persons concluding an agreement directly related to their business activity but not of a professional nature for them use the System on the basis of separate terms agreed individually.