Умови використання

§ 1

Preliminary provisions

These Terms and Conditions – hereinafter referred to as „Terms and Conditions”, sets out the rules for providing and using the online service called „fireTMS.com”, in accordance with the Act of 18 July 2002 on the provision of services by electronic means. The service will hereinafter be referred to as „fireTMS.com”.
The entity providing the fireTMS.com service is fireTMS.com Sp. z o.o, with its registered office in Rybnik, ul. 3-go Maja 30, 44-200 Rybnik, registered in the Register of Entrepreneurs maintained by the District Court in Gliwice, 10th Economic Division of the National Court Register in Gliwice under KRS number: 0000767863, with NIP (tax ID): 8961583774, REGON (business ID): 382380050, and a share capital of PLN 48,100,200.00, hereinafter referred to as the „Service Provider”.
The user of the fireTMS.com service may only be a natural person, a legal entity or an organisational unit without legal personality that qualifies as an entrepreneur under Polish law. Such a person or entity shall hereinafter be referred to as the „Service Recipient”.
In the remainder of these Terms and Conditions, the Service Provider and the Service Recipient shall collectively be referred to as the „Parties”.
The fireTMS.com service is intended for Service Recipients engaged in business activities related to shipping, transport, or logistics.

§ 2

Subject of the service

fireTMS.com is a service provided via a secure SSL connection.
fireTMS.com is a service primarily used for: registering contractors, entering customer orders, creating orders for carriers, issuing invoices, maintaining a register of contractors’ vehicles, sending email messages, data analysis, and reporting. A detailed description of the service is available at: www.firetms.com.
While using fireTMS.com, the Service Recipient agrees not to submit any content of an unlawful nature.

§ 3

Technical requirements for using the service and its functions

To use the fireTMS.com service, the following are required:
1. the Client/User may have a device with Internet access, including software capable of browsing web resources, supporting HTML, XHTML, cookies, and with JavaScript enabled,
2. use of the Chrome web browser, in its latest version available with all updates installed, is recommended,
3. the Service Recipient must have an individual email account,
4. the Service Recipient must have a PDF reader (it is recommended to use the latest stable version of either a dedicated PDF reader or a browser’s built-in PDF viewer).
For optimal use of the fireTMS.com service, it is recommended to use a device with a screen resolution of at least 1920×1080 pixels.
The Service Provider will make every effort to ensure that the fireTMS.com service functions correctly on the latest stable versions of the commonly used web browser (as specified in paragraph 1(2) of this paragraph), and on the latest stable versions of PDF readers (as recommended in paragraph 1(4). However, the Service Provider does not guarantee that all elements will be displayed correctly in all available browsers or that they will be correctly displayed and printed by all available PDF readers.
The Service Provider shall not be liable for any lack of or defects in the functionality of the fireTMS.com service if the Service Recipient uses non-original hardware, software or files, or fails to meet the technical requirements of the Service Provider, including using a web browser other than the one specified above.

§ 4

Copyright and licence

The fireTMS.com service is delivered via software that is the exclusive property of the Service Provider, including all economic and moral copyright rights. The Service Provider confirms that it holds exclusive copyrights to all works included in the scope of the fireTMS.com software (hereinafter referred to as the: Software), the right to authorise the exercise of derivative copyrights in relation to this Software, and the exclusive right to exploit the Software in the fields of use specified in paragraph 3.
Upon obtaining access to the fireTMS.com service by the Customer, the Service Provider shall grant the Customer a non-exclusive, non-transferable licence to use the Software, on the terms and conditions set out herein.
The license referred to in para. 2, is granted in the following fields of use:
1. the use of the Software in the scope of all functions,
2. temporary multiplexing,
3. permanent multiplexing and recording by any technique, including printing, reprographic, magnetic recording, in computer memory and digital technology, as well as in multimedia networks, including the Internet and Intranet, on any data carriers, including preparatory activities for the preparation of work copies or their recording, as well as by computer printout; whereby permanent multiplexing and recording refers only to those functions of the Software that the fireTMS.com service allows to save on any medium and in any form as a process, result, effect or product of the Customer’s work as part of its normal use and in the scope of its usual technical and utility functions,
4. translation of works generated by the Software in whole or in part, in particular into foreign languages as well as changing and rewriting into a different type of record or system.
On the basis of the licence granted, the Customer is not entitled to:
1. grant sublicences,
2. obtain information about the Software’s internal structure and principles of operation,
3. make changes to the layout, translate, adapt or make any other changes to the Software,
4. disseminate outside the Customer’s enterprise any information downloaded from the Software and the fireTMS.com service, excluding copies of documents generated, as part of the usual technical and utility functions of this service,
5. provide access to the fireTMS.com service and databases contained therein to third parties, in particular to provide access to the password to this service,
6. transfer to a third party the rights resulting from this contract concluded between the Service Provider and the Customer by starting to use the fireTMS.com service.
The licence is granted for the period in which the Customer is entitled to use the fireTMS.com service on the basis of the contract concluded between the Service Provider and the Customer in accordance with the provisions of these Terms and Conditions.
Any infringement of the Service Provider’s copyrights by the Customer will result in civil or criminal liability in this respect, in accordance with the provisions of the 4th February 1994 Act on copyright and related rights and may be the basis for termination of the contract by the Service Provider with immediate effect.

§ 5

Test period

Each Service Recipient can use the full fireTMS.com service for a trial period of up to 14 (in words: fourteen) days, starting the day after registration on the server of service, as described in these Terms and Conditions, subject to paragraph 2.
During the test period use of the fireTMS.com service, the Customer is entitled to use all the functionalities of this service, while the Service Provider’s liability for the level of services provided is excluded during this period.
The right to use the test period is granted only once, regardless of the extent to which the Customer used the granted test period.
The Service Provider may make a demo version of the fireTMS.com service available for general use, containing sample data that can be entered into this service, edited in it, generated by it, etc. This data is entirely fictitious and accidental, unrelated to any actually performed operation and cannot be used to implement real operations. The Service Provider may at any time delete or edit all data entered into the demo version. Data entered into the demo version is visible to all users of the demo version, therefore it is recommended to enter fictitious data during testing.

§ 6

Registration and logging

Access to the use of the fireTMS.com service takes place by registering on the website www.firetms.com, as a result of the following:
1. go to the website www.firetms.com,
2. carefully read these Terms and Conditions and the Pricing referred to in § 7 para. 2,
3. complete the registration form by providing all the details requested therein,
4. accept the content of the Terms and Conditions and the Pricing referred to in § 7 para. 2,
5. after performing the activities referred to in paragraphs 1-4, access to the fireTMS.com service will be granted within the test period and the first logging to the fireTMS.com service will take place. The moment of the first logging is the moment of registration.
The Service Provider may allow registration through other methods or via other portals/links that enable the Service Recipient to complete the registration.
After completing registration as described in paragraph 1, the Service Recipient may log in to the fireTMS.com service by performing the following steps:
1. go to the website https://app.firetms.com
2. then enter your user name and password, then click the Login button.

§ 7

Payment rules for access to the service and ways to conclude a paid contract

After the test period referred to in § 5 of these Regulations, access to the fireTMS.com service is possible only against payment.
The amount of fees for individual options of using the fireTMS.com service is specified in the Pricing available at https://firetms.com/ua/pricing, which is an integral part of these Terms and Conditions.
The following methods of concluding a contract for paid use of the fireTMS.com service are envisaged:
1. concluding the contract in ordinary written form,
2. placing an order via the fireTMS.com service using the „Buy Subscription” or „Renew Subscription” functions (Configuration, „Subscriptions and Payments”) and making an online payment via the Internet payment operator. The moment of concluding the contract for the paid use of the fireTMS.com service is the moment of registering a correctly made and authorised payment in the fireTMS.com system, after which the Customer will receive a VAT invoice,
3. paying a pro-forma invoice issued by the Service Provider.
The contract (regardless of its form) is concluded for a period of 12 consecutive months („basic period”). Depending on the billing cycle chosen by the Service Recipient (monthly, quarterly, or annual), the Service Recipient may cancel the fireTMS.com service at the end of the selected billing cycle. If the Service Recipient fails to pay for the next billing cycle during the base period – when a monthly or quarterly cycle has been selected – the Service Provider will immediately block the Service Recipient’s access to fireTMS.com. Once the payment for the next billing cycle is made, the Service Recipient will regain access to fireTMS.com, but only within the accepted basic period (meaning that the basic period will not be extended by the time during which the Service Recipient’s access to the fireTMS.com service was blocked). During the period when access is blocked, the Service Provider remains ready to provide the fireTMS.com service, provided that the Service Recipient makes timely payment.
The billing cycle (monthly/quarterly/annually) is chosen by the Service Recipient and is indicated on the first invoice issued after starting paid use of the fireTMS.com service. The billing cycle may be extended if the Service Provider agrees.
The Service Provider will issue a VAT invoice for each billing cycle in advance. The VAT invoice is sent to the Service Recipient’s e-mail address. The Service Recipient authorises the Service Provider to issue VAT invoices without the Service Recipient’s signature and to send such invoices electronically to the email address provided to the Service Provider.
The Service Recipient is required to make all payments on time. Payments for a given billing cycle become due on the first day of that cycle. In the event of any delay in payment, even for a single billing cycle, the Service Recipient’s access to the fireTMS.com service will be blocked.
The Service Provider makes the Terms and Conditions available to the Service Recipient free of charge before the agreement for such services is signed and at the Service Recipient’s request in a way that enables access, copying, and saving of the content of the Terms and Conditions using his IT system.
The Service Provider has the right, to increase once a year any fees due based on the previous year’s increase in consumer prices, as announced for the year in question by the President of the Central Statistical Office. The increase described in the previous sentence will take place by rounding the above values up to the nearest whole value according to standard mathematical rules. This change does not require the Client’s consent and will be carried out based on a unilateral decision of the Service Provider, who will inform the Client.

§ 8

Breaks in the service use

The Service Provider guarantees that they will exercise due diligence to provide the Customer with access to the fireTMS.com service at the time and under the principles of the Terms and Conditions, 24 hours a day, seven days a week, subject to the exceptions described in para. 2 – 4, at the level of availability not lower than 96% per annum.
The Service Provider reserves the right to carry out maintenance works resulting in a break in access to the fireTMS.com service every day between 0:00 and 01:00. The occurrence of such breaks will not be considered as improper performance of the service by the Service Provider.
The Service Provider shall not be liable for any interruptions in the operation of the fireTMS.com service resulting from:
1. periods of failure resulting from actions or omissions of third parties, for which the Service Provider is not responsible (e.g. failure of the Internet / telecommunications network, failure of the intranet network, failure of the power network),
2. periods resulting from access restrictions imposed by network operators used by the Customer, which technically or technologically condition the possibility of using the Service Provider’s service,
3. the use of non-original equipment, software or files by the Customer,
4. failure of the Service Recipient to meet the service’s technical requirements.
Except for the case described in section 2, the Service Provider may need to introduce further technical breaks that make the fireTMS.com service unavailable. The Service Provider will inform the Service Recipient of each such break by sending an email to the Service Recipient’s login email address, stating the date and expected duration of the break, or in another way – for example, by posting a notice within the fireTMS.com service.
For the violation of the provisions of para. 1-4 above by the Service Provider, for reasons other than intentional fault, the Customer is entitled to compensation limited to the amount constituting the proportional equivalent of the monthly subscription fee, corresponding to the ratio of the time of lack of access to the service to the total period of using the service in a given month.
Apart from the above, the Service Provider’s total liability towards the Service Recipient (unless otherwise required by applicable law) is limited to the fees paid by the Service Recipient to the Service Provider.

§ 9

Technical support

A request for technical support regarding the operation of the fireTMS.com service, or for reporting a problem with its use and asking for guidance on how to resolve it, may be made in particular by:
1. logging into the fireTMS.com service and clicking the „Help” link,
2. sending an email to: support@firetms.com or pomoc@firetms.com,
3. using the chat available in the fireTMS application.
The fireTMS.com service also includes context-sensitive help system (the so-called „balloons”) containing indications and hints on how to use its various functions.

§ 10

Detailing some features of the service

Documents generated through the fireTMS.com service, as well as e-mail messages sent as part of the functionality of the fireTMS.com service, will be automatically provided with a footer, which may contain the following sentences: „Document generated by the fireTMS.com platform (www.firetms.com)”, or „Generated by fireTMS.com platform (www.firetms.com)”, or a text with the same meaning but in a different language will be displayed. Removing footers so generated will be each time considered a breach of these Terms and Conditions by the Customer.
The fireTMS.com service in the context of accounting documents generated by its means only suggests their content on the basis of data entered by the Customer, without prejudging their final correctness (in particular with regard to VAT rate).
The Service Provider reserves the right, at its sole discretion, to use tools, systems or modules based on artificial intelligence mechanisms („AI Tools”) when preparing, providing and maintaining the Services. AI tools can be used, among other things (but not exclusively) to (i) automate routine tasks, (ii) process, analyse and interpret input data, and (iii) create content and recommendations. AI tools may be provided by the Service Provider or by third parties. When using third-party solutions, the Service Provider ensures that the selection of such solutions is carried out with due diligence and in compliance with applicable legal requirements, in particular regarding personal data protection. The Service Provider exercises appropriate supervision over the functioning of AI Tools and takes all reasonable steps to verify their performance to ensure that the Services are carried out in full compliance with the Terms and Conditions, applicable law, and current technical standards. To the fullest extent permitted by law, the Service Provider shall not be held liable for any damages resulting from the improper functioning of the AI Tools, provided that the Service Provider has acted carefully in choosing and supervising them. This does not exclude the Service Provider’s responsibility as imposed by law. The Service Recipient acknowledges that in connection with the use of the AI Tools, data, including personal data, may be subject to automated processing. Further details on how personal data is processed can be found in the Privacy Policy.

§ 11

Complaints

Any issues related to the use of the Service may be reported by the Service Recipient by sending an email to: reklamacje@firetms.com.
Complaints concerning the delivery of the Service may also be submitted by sending an email to: reklamacje@firetms.com. The e-mail containing the complaint should include the word „complaint” in the subject line. In the message, the Service Recipient should provide their details (name, Tax id and contact information of the person submitting the complaint), as well as a brief description of the issues being raised.
The Service Provider will review the complaint within 30 days of its receipt (unless special circumstances make it necessary to extend this period, in which case the Service Recipient will be informed of the new deadline for the consideration of the complaint. The Service provider will notify the reporting person of the handling of the complaint by sending an e-mail to the address from which the report was sent.

§ 12

Amendment to the Terms and Conditions or the Pricelist

The Service Provider reserves the right to amend these Terms and Conditions or the Pricelist, or to introduce new Terms and Conditions or the Pricelist.
The Service Provider will inform the Customer about each change of the Terms and Conditions by e-mail, indicating in the content of the e-mail the parts (editorial units, elements) of the Terms and Conditions that have been changed, removed or added. In the event of a change in the Pricelist, the Service Provider will inform Customer by e-mail by sending the amended Pricelist or by sending a link to the changed Pricelist by e-mail. The Service Provider will inform the Customer in the same way about the introduction of new Terms and Conditions or the Pricelist.
The new Terms and Conditions or an amendment to the existing Terms and Conditions shall enter into force after 14 (fourteen) days and apply to the Customer, unless the Customer, after becoming familiar with the content of the new or amended Terms and Conditions, submits a declaration of termination of the contract between the Parties by the expiry of that 14-day period. In the event of termination of the contract by the Customer, in such a situation, the notice period is 1 (one) month, and it is effective at the end of the calendar month following the month in which the Service Provider received the Customer’s notice of termination. In the remaining scope, the provisions of § 14 of these Terms and Conditions shall apply accordingly to the method of terminating the contract.
If the Parties have concluded a contract for a definite period, in accordance with one of the options available in the Pricelist, despite the Customer receiving information about a change or introduction of a new Pricelist, the Customer shall be bound by the current Pricelist until the end of the validity of the contract for a definite period (basic time).
In all cases, except as described in para. 4, when the Parties are bound by an contract for the paid use of the fireTMS.com service, then the new or changed Pricelist applies to the Customer from the first day of the calendar month following the month in which the Service Provider informed the Customer about the introduction of a change or a new Pricelist.
The Service Recipient is obliged to promptly inform the Service Provider by email of any changes to his data. In addition, the Service Recipient is required to notify the Service Provider by e-mail of the following events: the submission of a request for bankruptcy or the initiation of restructuring proceedings, and the opening of liquidation proceedings against the Service Recipient.
The provisions of this paragraph do not apply to the regulation described in § 7(9) of the Terms and Conditions.

§ 13

Termination of the contract and refund policy

Termination of the contract must be in writing under pain of nullity.
It is not possible to terminate the contract if the Parties have entered into a paid agreement for the paid use of the fireTMS.com service for a fixed period of time (basic time) and during the billing period selected by the Service Recipient.
The Service Provider has the right to immediately and unilaterally terminate the contractual relationship between the Parties if the Service Recipient:
1. uses the fireTMS.com service in a manner inconsistent with the provisions of these Terms and Conditions, in particular, by violating the license terms or the Service Provider’s copyright,
2. delays payment for more than 14 days for at least 1 billing cycle.
In the event of termination or cancellation of the contract, the Service Recipient may, within 365 days from the end of the billing period, log into the fireTMS system to view, download, and export data, but without the ability to add new data or edit existing data.
If the Service Recipient has paid the invoice amount for a given billing cycle and the contractual relationship between the Parties is terminated in any way during this cycle, the Service Provider is not obliged to refund any portion of the amount paid.

§ 14

Responsibility of the Service Recipient

If the Service Provider terminates the fireTMS.com service agreement due to circumstances for which the Service Recipient is responsible, particularly in the event of a breach of the Terms and Conditions, the Service Recipient shall pay the Service Provider a contractual penalty equal to three months’ fees, calculated based on the price of the fireTMS.com service option that the Service Recipient was using at the time the contract was terminated.
The Service Provider may claim supplementary compensation due to them in accordance with the provisions of generally applicable law in the scope exceeding the amount of contractual penalty stipulated in para. 1.

§ 15

Personal data protection

The Service Provider is the personal data controller within the meaning of the 10th May 2018 Act on the protection of personal data and the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (hereinafter: GDPR), in terms of:
1. data indicated by the Customer in the registration form in order to prepare, conclude and then perform the licence agreement and contract for the provision of services,
2. data of the Customers who agreed to receive commercial and marketing information,
3. data of the fireTMS.com service users, which are made available to the Service Provider by the Service Recipient in order to create an account for the user and provide them with fireTMS.com services,
4. data of fireTMS.com users who have agreed to receive commercial and marketing information.
Data is provided voluntarily, and all the rules for its processing are specified in the Privacy Policy available on the website at: https://firetms.com/ua/privacy-policy.
The Service Provider and the Customer, together with the acceptance of the Terms and Conditions conclude a contract for entrusting the processing of personal data, in accordance with art. 28 GDPR, on the basis of which the Customer entrusts the Service Provider (Processor) with personal data of the Customer’s clients, subcontractors and drivers, entered by the Customer into the Software.
The type of personal data that may be processed includes ordinary data within the meaning of Art. 4 para. 1 GDPR, and the nature of the processing includes:
1. recording, arranging, organising, storing, adapting or modifying,
2. downloading, viewing, disclosing by sending, distributing or otherwise sharing, adjusting or combining, limiting, deleting or destroying (at the documented request of the Customer).
The Service Provider undertakes to exercise due diligence in the processing of personal data entrusted by the Customer, in particular:
1. processing personal data only on the documented instructions of the Customer,
2. ensuring that persons authorised to process personal data are committed to maintain confidentiality, unless the obligation to maintain confidentiality results from generally applicable law,
3. taking all measures required under Art. 32 GDPR,
4. complying with the conditions of using the services of another processor, referred to in art. 28 para. 2 and 4 GDPR,
5. taking into account the nature of the processing, as far as possible helps the Customer, through appropriate technical and organisational measures, to fulfil the obligation to respond to the requests of the data subject in the exercise of their rights set out in Chapter III of the GDPR,
6. taking into account the nature of the processing and the information available to them, helps the Customer to fulfil the obligations set out in art. 32-36 GDPR,
7. after the completion of the provision of processing services, depending on the Customer’s decision, the Service Provider deletes or returns all personal data to them and deletes all existing copies thereof, unless Union law or the law of a Member State requires the storage of personal data,
8. providing the Customer with all the information necessary to demonstrate compliance with the obligations set out in Art. 28 GDPR and enables the Customer or an auditor authorised by the Customer to conduct audits, including inspections, and contributes to them,
9. immediately informing the Customer if, in their opinion, the order issued to them constitutes a breach of the GDPR or other EU or Member State regulations on data protection,
10. in the event of a breach of personal data protection, i.e. in particular the occurrence or suspicion of a situation that may threaten the security of personal data, such as: theft, unauthorised access, use or disclosure, loss, damage or destruction of the entrusted personal data or any other unauthorised or unlawful processing of entrusted personal data, undertaking to:
  – immediately after finding the breach reporting it to the Customer and providing assistance and providing further information that may be reasonably required by the Customer in connection with this breach,
  – immediately after finding the breach, making all reasonable efforts to investigate the breach as well as to remove the causes and its effects.
The Service Provider is generally authorised by the Customer to further entrust the processing of personal data, provided that the entities to whom they further entrust the data are obliged to comply with the rules of personal data processing, at least to the extent specified in the Terms and Conditions. The list of entities authorised by the Service Provider to further process personal data is included and updated in the Privacy Policy available on the website at the following address: https://firetms.com/ua/privacy-policy in the section 'How we share information’.
The costs of the audit referred to in para. 5 (8) are incurred by the Customer.
The Customer is responsible for compliance with the legal provisions regarding the processing and protection of personal data according to the GDPR.
The above does not exclude the Service Provider’s liability for the processing of the entrusted data contrary to the Terms and Conditions.
The Service Provider is liable for damages caused by processing, if they did not fulfil the obligations imposed by the Terms and Conditions, or if they acted inconsistently with the generally applicable provisions of law.
The Service Provider does not conduct forwarding or transport activities. The Service Provider will not use the contact details of entities cooperating with the Customer, entered by the Customer into the system, to offer these entities forwarding or transport services.

§ 16

Confidentiality

The Service Provider undertakes to irrevocably and unconditionally keep Confidential Information in confidentiality within the meaning of para. 2, and also undertakes to treat and protect it as a trade secret within the meaning of the 16th April 1993 Act on combating unfair competition; the obligation to maintain confidentiality is binding for an indefinite period, including expiry, termination or withdrawal from the Contract.
„Confidential Information” should be understood as any information entered by the Customer to the resource covered by the IT infrastructure of the fireTMS.com service, and this is information of financial, economic, legal, technical, organisational, commercial, administrative and marketing nature, including information about the Customer and other entities/organisational units with which the Customer has any capital or contractual relations. The scope of „Confidential Information” also includes all personal data within the meaning of the 29th August 1997 Act on the Protection of Personal Data, and entered by the Customer to the resource covered by the IT infrastructure of the fireTMS.com service.
The Service Provider may not, without the prior written consent of the Customer, disclose, transmit or otherwise make available Confidential Information to third parties or use it for purposes other than the performance of the contract.
The confidentiality obligation does not apply to Confidential Information:
1. available to the Service Provider before their disclosure to the Service Provider by the Customer,
2. obtained with the express exclusion of its confidentiality by the Customer,
3. which has been obtained from a third party, body, institution, office authorised to provide such information on the basis of mandatory provisions of law or on the basis of a request of authorised authorities,
4. which is public domain.
If this is a condition for the performance of the contract, the Service Provider may disclose Confidential Information to employees or the persons they use in the performance of the contract, provided that, prior to any disclosure, these persons are obliged to confidentiality under the terms set out in these Terms and Conditions. The Service Provider is responsible for the actions or omissions of such persons as for their own actions and omissions.
The Client agrees that the Service Provider may grant access to Confidential Information (current and historical) by companies related by capital to the Service Provider, in particular by INELO Polish company with limited liability with its registered office in Bielsko-Biała 43-300, ul. Karpacka 24/U2b in order to ensure consistency of service and to provide the best possible quality of service. This consent shall be without prejudice to the rules on the protection of the confidentiality of Confidential Information of these Regulations.
Due to the continuous improvement of customer service standards, as well as the possibility of providing services within the Eurowag Group, your personal data may also be processed by other companies that are part of the Eurowag Group (see the current list of companies) based on a legitimate interest or under a personal data processing arrangement, depending on the type of processing activities involved. Processing your personal data may include activities such as, for example: contacting you to prepare and send personalised offers, informing you about news and updates concerning the Eurowag Group, analysing your personal data to understand your needs and provide the most suitable product or service offer from across the Eurowag Group, informing you about the new products and services, planned projects or other significant events within the Eurowag Group or its members and business partners, receiving your submissions and/or service requests for processing due to cooperation within the Eurowag Group. Contact with you may take place via electronic messages such as e-mails, text messages, mobile applications (including our own applications as well as third parties such as instant messengers or social media platforms, messages sent through the customer portal, telephone calls, websites managed by individual members of the Eurowag Group, regular mail and/or in person via sales representatives. Additional information on how the Eurowag Group processes personal data is available at: https://www.eurowag.com/pl/polityka-prywatnosci.
To the extent that the data provided by the Service Recipient constitutes telecommunications secrecy under the provisions of the Electronic Communications Law of 12 July 2024, the Service Provider will comply with the regulations regarding the protection of telecommunications secrecy. By entering into an agreement for the use of the fireTMS service, the Service Recipient consents to the processing of such data by the Service Provider.

§ 17

Civil liability insurance

The Service Provider has civil liability insurance for damages that may arise as a result of or in connection with the provision of the fireTMS.com service. The insurance cover is for the total amount of PLN 500,000.00 (five hundred thousand).

§ 18

Final provisions

The data provided by the Service Recipient in accordance with § 6(1)(3) of the Terms and Conditions constitute data identifying the Service Recipient to the Service Provider. Any e-mails sent by the Service Provider to the Service Recipient using the information provided by the Service Recipient, once entered into the ICT system (i.e., at the moment the email is sent by the Service Provider), shall be considered duly delivered to and fully effective for the Service Recipient. Similarly, any postal correspondence sent to the Service Recipient’s residential or business address shall be considered effectively delivered if it is returned to the Service Provider after being unclaimed twice, or if the Service Recipient refuses to accept it.
The Customer is obliged to immediately update the data referred to in para. 1. In the event of failure to do so, the Customer shall be solely responsible for the resulting negative consequences related to the provision of the fireTMS.com service by the Service Provider with outdated Customer’s data.
The Service Recipient cannot transfer any rights arising from the agreement for the free or paid use of the fireTMS.com service to a third party without the prior written consent of the Service Provider (under pain of nullity).
The court having exclusive jurisdiction over any disputes that may arise as a result of or in connection with the provision of the fireTMS.com service is the court of the Service Provider’s registered office.
Agreements arising from or related with the provision of the fireTMS.com service shall be governed by Polish law, except where mandatory provisions of applicable law provide otherwise. Any issues not covered in these Terms and Conditions, or in any written agreements between the Parties (if such agreements exist), are also governed by Polish law.
Regardless of the provisions of these Terms and Conditions and the Pricelist, the Service Provider may individually negotiate and individually conclude a written contract with a given Customer for a paid use of the fireTMS.com service on the terms specified in detail in this contract; then the provisions of these Terms and Conditions and the Pricelist may be excluded in their entirety by this contract, or subject to it may be applied directly or appropriately in whole or in part.