Terms of Service for Traseo.pl
1. INTRODUCTION
2. GENERAL PROVISIONS
3. DEFINITIONS
4. TECHNICAL CONDITIONS FOR USING THE SERVICE
5. RULES FOR USING THE SERVICE AND COMMUNITY
6. REGISTRATION
7. PRIVACY AND CONFIDENTIALITY
8. LICENSE FOR USING THE APPLICATION
9. SUBSCRIPTION PURCHASE ON THE SERVICE WEBSITE
10. CHANGES TO THE TERMS
11. ENTRY INTO FORCE
1. INTRODUCTION
Welcome to the Traseo.pl social service offering online tools and services that enable the User to create and download GPS routes using dedicated mobile applications and using mobile technologies and internet solutions to communicate with other community participants. With the offered services, you can collect tracks from your trips and travels, which, as a result of the compiler's operation, will become ready Routes placed in the service. The Service is available through a website in a web browser or via mobile devices.
The condition for using the Service and its Services is carefully reading the content of the Terms and Conditions and accepting them.
These Terms and Conditions define the rules of operation of the Traseo.pl Service, and also regulate the provisions regarding the rights and obligations of Users as well as the Service itself. The Service name, operating principles, graphic elements, logo, trademarks, software, and database are subject to legal protection.
2. GENERAL PROVISIONS:
1. The administrator and owner of the Traseo.pl service is the company GPS Friendly Sp. z o.o. with its registered office at plac Na Groblach 8/2 31-101 Kraków, entered in the register of entrepreneurs kept by the District Court for Kraków Śródmieście under KRS number 335377, with Tax ID (NIP): 6762404650, Business ID (Regon): 120997109.
2. By using the Service, the User is obliged to comply with the provisions of these Terms and Conditions
3. By filling out the registration form, the User consents to the processing by Traseo.pl of the data contained therein, to the extent necessary for using the Service, which is explained in more detail later in the Terms and Conditions,
4. In matters not regulated in these Terms and Conditions, the provisions of generally applicable Polish law shall apply, in particular the Civil Code and the Copyright and Related Rights Act.
3. DEFINITIONS
Terms used in the Terms and Conditions mean:
1. Traseo.pl – "Traseo.pl", the social portal to which these Terms and Conditions apply
2. User – a person with full legal capacity who, by accepting the Terms and Conditions, gains access to the Services. A User can also be a minor and/or a person without full legal capacity.
3. Data – content, in particular information, GPS tracks, photos, entries, comments that the User voluntarily places in the Service.
4. Route – a collection of data containing a drawn or GPS track, description, photos, waypoints.
5. Application – a program launched and operating on a mobile device.
6. Personal Data – data originating from the user.
7. User Account – a space on the server provided by Traseo.pl to the User, where the User enters Data and administers Data.
8. Login/Username – a string of characters entered by the User in the Service during the Account creation stage, enabling later identification of the User while using the Service.
9. Person – a natural or legal person, as well as an organizational unit without legal personality, to which legal regulations grant legal capacity;
11. Service/Services – all services provided to Users within the framework of the Agreement
12. Terms and Conditions – this document defining the rules for using the Service, including in particular the rights and obligations of Users and Traseo.pl, together with attachments constituting an integral part thereof.
13. Agreement – an electronic service provision agreement concluded between the User and Traseo.pl upon acceptance of the Terms and Conditions by the User, with content corresponding to the content of the Terms and Conditions.
14. GDPR Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
15. Personal Data Administrator – within the meaning of the GDPR Regulation.
4. TECHNICAL CONDITIONS FOR USING THE SERVICE
1. Traseo.pl Service provides a social platform for using mobile applications, GPS Routes, as well as communication between Users, including expressing and publishing Comments and making acquaintances.
2. Each Service User is provided with server space to publish their materials. Communication takes place in an online system.
3. Within the Service, it is not allowed to use viruses, bots, and any other mechanisms (so-called "worms") or computer codes that may contribute to a system attack.
4. The User is aware that using software such as Adblock Plus or Flashblock may cause improper functioning of the Service or may completely prevent its use.
5. SERVICE RULES:
1. The following Terms and Conditions define the general rules for using the Traseo.pl Service, which serves to place content, files, and materials containing GPS Routes (including photos, waypoints, GPS tracks), as well as creating content and commenting on it
2. By publishing content in the Traseo.pl Service, the User agrees to make it available free of charge to other community participants. At the same time, Traseo.pl has the right to mark published materials with its logo/footer.
3. By placing any content in the service, the User retains the copyright and proprietary rights, and Traseo.pl receives rights on the basis of a license, sublicense, consents, and permissions, which are described in more detail later in the Terms and Conditions.
4. Traseo.pl has the ability to modify, change the functionality of the Service, and temporarily or completely remove service functions/services.
5. In the event of any disputes between Users, as well as organizations or other persons, they will be resolved by the parties involved in the dispute. Traseo.pl reserves the right to suspend content related to the dispute. Traseo.pl is not legally responsible to any third party and reserves the right to monitor disputes between entities.
6. In the event of a third-party claim against Traseo.pl regarding copyright infringement of specific content, the User who is the author of these contents, after being notified by Traseo.pl, will not avoid immediately proceeding to clarify the matter and, in case of rejecting such claims, will argue against such claims at their own cost and risk, and also satisfy any justified claims. If claims are awarded against Traseo.pl, the User will reimburse Traseo.pl for the entire amount of covered claims and all related expenses and fees, including litigation and legal service costs.
7. All licenses, sublicenses, consents, and permissions are acquired by Traseo.pl at the moment the User places materials and content in the Service. They are free of charge and indefinite, thus they do not expire after suspension of the User's account or the published materials, and are valid in the territory of the Republic of Poland and abroad.
8. The granted License with the right to sublicense covers the following fields of exploitation:
a) applying, introducing, displaying, transmitting, and storing regardless of format, system, or standard,
b) publishing materials in print in any form and on electronic and optical media, introducing it into circulation without limitation on the number of copies in all languages and without territorial restrictions,
c) using materials in the fields of exploitation mentioned in Article 50 points 1-4 of the Copyright Act (including multiplication and dissemination on all magnetic media),
d) reprinting the materials in whole or in part in press, brochures, books, use in radio and television broadcasts,
e) disseminating materials or their parts in computer networks, including the Internet,
f) introducing into circulation, lending or renting the original or copies,
g) dissemination in the Internet and in closed networks,
h) broadcasting via audio or video, wirelessly (via terrestrial and satellite routes) or via cable, in any system and standard, including via cable networks and digital platforms,
i) using materials for marketing or promotional purposes, including advertising, sponsorship, sales promotion, as well as for marking or identifying products and services and other manifestations of activity, and objects of its property, as well as for educational or training purposes,
j) the right to dispose of materials constituting the whole and their elaborations, and the right to make them available for use, including granting sublicenses to third parties, in all the above-mentioned fields of exploitation.
9. By placing Data, in particular image, materials, or statements on their own Account or another User's Account, the User grants Traseo.pl a non-exclusive license to use, record in computer memory, modify, delete, supplement, publicly perform, publicly display, multiply and disseminate (particularly on the Internet) such Data. By downloading another user's route, the User may use it only for private purposes. The User does not have the right to disseminate, publicize, or use it for commercial or profit-making purposes.
10. Use of the Service is free of charge, except for paid services related to Premium Accounts and additional functions, the precise costs and usage rules of which are defined by Traseo.pl. The User does not receive compensation for using the Service or for materials published in it.
11. In the event of no activity on the User's account for a period of 6 months, Traseo.pl has the right to suspend it. Account suspension may also occur as a result of the User's own action. Traseo.pl may block or remove the account also in case of violation of the Terms and Conditions by the User.
12. The Administrator is not responsible for the content of Users' profiles and Routes, nor for any information and materials published by Users, and thus is not liable for any losses or damages resulting from Users' use of materials or content placed on the Service.
13. The User declares that they have not only proprietary copyrights for published content and materials, but also related rights and all other rights, and does not violate the rights and goods of third parties by their actions. In the event of a violation of law or these Terms and Conditions by the User, Traseo.pl may modify or remove disputed materials. Traseo.pl also has the right to modify or remove content and materials when it deems such action appropriate, without giving a reason.
14. The following types of content are prohibited in the Service:
a) software subject to the rights of other Persons - without proper authorization;
b) software intended particularly for unauthorized destruction, changing, removing, damaging, hindering access to computer data, disrupting or preventing automatic processing, collecting and transmitting such data, disrupting the operation of telecommunication systems and networks;
c) computer passwords, access codes, or other data enabling unauthorized access to information stored in a computer system or telecommunication network. d) illegal, offensive, untrue, contrary to generally applicable law in Poland, promoting violence, morally reprehensible content or violating commonly recognized good customs is prohibited. Access to the aforementioned content and Accounts of their authors may be prevented, especially after receiving an official notification or obtaining Credible Information about the unlawful nature of Data or related activities.
e) content or photos of an erotic or pornographic nature, as well as content displaying at least partial nudity or suggestive, implicitly referring to the aforementioned content, violating both Polish and international legal and moral norms, depicting or promoting violence, hatred, discrimination (racial, cultural, ethnic, religious or philosophical, etc.);
f) data, content, or photos violating personal rights or offending the dignity of other persons;
Beyond that, it is not allowed to engage in spam/unsolicited commercial information distribution or conduct commercial, advertising, promotional activities for purposes other than those related to the Service.
g) logos and other trademark signs in the photo gallery, as thumbnails, avatars, and in any other place in the Service. If you wish to place a trademark or logo, approval from Traseo.pl is required. The Service simultaneously reserves the right to: remove such signs without informing the user. Traseo.pl also reserves the right to exceptions to this point of the regulations.
15. It is forbidden to take actions to contact a minor under 15 years old in sexual contexts, as well as using words commonly considered offensive.
16. Traseo.pl Service will make every effort and take all measures to avoid interruptions in the Service's operation. However, it does not exclude the possibility of temporary or complete suspension of Service availability. For such actions, the User has no right to compensation claims.
17. Traseo.pl Service recommends that the User make their own backup copies of materials and content published on the Service.
18. Traseo.pl Service does not take any responsibility for technical or legal defects of services offered within the Service.
6. REGISTRATION
1. Any Person can be a User of the Traseo.pl Service who, after accepting the Terms and Conditions, completes the registration procedure in the Service, ending with successful account creation.
2. The User is obliged to provide true data.
7. PRIVACY AND CONFIDENTIALITY
1. Personal data provided by Users is processed in accordance with the Privacy Policy [link] attached to these Terms and Conditions.
2. The User can delete the Account by reporting such will via email to kontakt@traseo.pl
8. LICENSE FOR USING THE APPLICATION
1. Subject to the conditions specified in these Terms and Conditions, the User receives a non-exclusive, non-transferable license to install and use copies of available Applications, exclusively for non-commercial use, in connection with the Traseo.pl Service. Any Applications that will update, supplement, or replace a given version of the Application are also subject to the provisions of these Terms and Conditions, unless a special license is issued for these updates, supplements, or replacements. In such a case, new arrangements will take effect when inconsistent with these Terms and Conditions, or it will be necessary to act in accordance with what is specified in the new provisions.
2. The Service does not consent to authorizing or granting permission to any third party to:
a) license or sell the Applications;
b) distribute the Applications, except when such distribution is explicitly authorized by the Traseo.pl Service;
c) use the Applications for purposes other than personal, non-commercial use;
d) apply reverse engineering techniques, decompilation, disassembly, or attempt to access the source code of the Applications;
e) modify, make changes, or create any derivative works based on the Applications;
f) remove, change, or obscure any trademarks, trade signs, and other ownership signs appearing on the Applications.
9. SUBSCRIPTION PURCHASE ON THE SERVICE WEBSITE
1. Service/Delivery Conditions
Subscription activation will occur immediately upon receipt of payment, and in any case no later than 3 days from the date of payment receipt. The subscription is not subject to shipping. This is the activation of additional application functionalities on the user's account in the Traseo.pl service.
2. Return Policy
The Customer has the right to withdraw from the subscription service within fourteen (14) days from the date of the first subscription delivery without giving any reason. The Seller will then refund the Customer all payments received through the PayU payment system. The refund will be made immediately, and in any case no later than fourteen (14) days from the day on which the seller was informed of the decision to withdraw from the contract.
3. Complaint Policy
Any complaints regarding the subscription should be sent by email to: kontakt@traseo.pl. Our team has fourteen (14) days to review it, and during this time the Customer will be informed whether the complaint is justified or not, and if this is not possible, we commit to informing the Customer when the complaint will be reviewed and to resolving the complaint as soon as possible.
10. CHANGES TO THE TERMS
Users of the portal will be immediately informed of any changes to these Traseo.pl Service Terms and Conditions. The date of introduction of changes should be considered the date of publication of the new version of the Terms and Conditions on the Traseo.pl Service pages. The User who uses the Traseo.pl service after the introduction of changes to the Terms and Conditions will be equivalent to expressing consent to the introduced changes and does not require their separate consent.
11. ENTRY INTO FORCE
These Terms and Conditions and Privacy Policy of the Traseo.pl service enter into force on the day of publication on the page on 22.05.2018.