Regulations of the mobile application
General terms for granting a License for using the mobile application Moto Mobi
These General Conditions for granting a License for using the application Moto Mobi define the principles of provision of services by the entrepreneur Tomasz Stancelewicz running business operations under the business name of "FORTUNATO, Tomasz Stancelewicz"; the main address of the place of business: ul. Klaudyny 32 lok. 100, 01-684 Warsaw, Warsaw poviat, Mazowieckie Voivodeship, Tax Identification Number (NIP): 1182034300, REGON: 143435282. General Terms and Conditions apply to all Agreements concluded between the Licensor and the Licensees with regard to granting the License to use the Program.
The services covered by these General Terms and Conditions, due to their nature, are not intended for consumers as defined by the currently binding laws.
The terms used in the General Terms and Conditions shall be assigned the following meaning:
The Database - refers to the database of the Users, who expressed their consent to transfer their personal data to the Licensee;
Know-how - refers to the entirety of information regarding mathematics and IT the Licensor needs for the production and maintenance of the Program;
The Civil Code - refers to the Act of 23 April 1964 Civil Code (consolidated text: Dz. U. of 2014, item 121);
The Licensee - refers to the entity interested in purchasing the limited paid License for using the Program on the terms provided for in these General Terms and in the Order;
The Licensor - refers to the entrepreneur Tomasz Stancelewicz, running business operations under the business name of FORTUNATO, Tomasz Stancelewicz"; the main address of the place of business: ul. Klaudyny 32 lok. 100, 01-684 Warsaw, Warsaw poviat, Mazowieckie Voivodeship, Tax Identification Number (NIP): 1182034300, REGON: 143435282;
Moto Mobi/the Program - refers to the mobile application Moto Mobi, produced for the Licensee and the related Internet platform, which constitute a computer program, as defined by the Act on Copyright;
The General Terms and Conditions - refer to the General Conditions for granting a license for using the mobile application Moto Mobi;
A Complaint - refers to the statement of the Licensee meeting the requirements specified in these General Terms and Conditions, containing charges related to improper functioning of the Program;
The Parties - depending on the context, refer to the Licensor and the Licensee collectively, or to each of these entities separately;
The Agreement - refers to the License Agreement to use the Program, concluded on the basis of an Order of the Licensee;
The Act on Personal Data Protection - refers to the Act of 29 August 1997 on Personal Data Protection (consolidated text: Dz. U. of 2002, No 101, item 926, as amended);
The Act on Copyright - refers to the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Dz. U. of 2006, No 90, item 631, as amended);
The User - refers to a natural person, a legal person or an organizational unit not having legal personality, for the benefit of which the service is provided with use of the Program;
The Order - refers to the statement of consent of the Licensee constituting approval of the offer of the Licensor, prepared and transferred on the terms provided for in these General Terms and Conditions, leading to conclusion of the Agreement.
II. The method of concluding the Agreement
1. The basis for the conclusion of the Agreement shall be The Order submitted by the Licensee via the website www.motomobi.net.
2. The conclusion of the Agreement shall follow the procedure exchange of the declarations of consent, i.e. The Order of the Licensee and the declaration of the Licensor included in an e-mail, being an acknowledgement of receipt and acceptance for implementation of the Order.
3. The Licensor reserves the right to refusal of implementation of Orders, which are incomplete or have been submitted in an incorrect manner.
4. In the case of having any doubts regarding as to the correctness of the data indicated in the Order, the Licensee reserves the right to their additional verification by way of telephone contact with the Licensee.
5. Submission of Orders shall be possible 24 hours a day, during the whole year.
6. The Content of the Agreements concluded with the Licensees shall be stored in the IT system of the Licensor.
7. Change in the content of the Order made by the Licensee, causing modification of the offer of the Licensor, shall not lead to concluding the Agreement, unless the Parties decide otherwise.
8. Every exemption of the offer of the Licensor shall require his prior clear consent.
Prior to submission of the Order, the Licensee shall be obliged to familiarize with the content of these General Terms and Conditions and to accept them.
III. General provisions
1. The Licensor hereby states that he is entitled to author's property rights to the Program to the full extent, without any restrictions for the benefit of a third party.
2. The Licensor undertakes to grant the License for the Program to the Licensee, on the terms and for remuneration specified in the General Terms and Conditions and in the Order.
3. The Parties undertake to perform the Agreement with due diligence, taking account of the professional nature of the conducted business activities.
IV. The principles of granting the License
1. The Licensor grants the Licensee the paid non-exclusive License to use the Program.
2. The License is granted for the period indicated in the Order, starting from the date of making the Program available in a manner specified in item IX of the General Terms and Conditions.
3. The License entitles the Licensee to make the Program available to the Users only within the European Union.
4. Except for the Licensee making the Program available for use by the Users, The Licensee cannot authorize any third party to use the Program. The reservation referred to in the previous sentence does not apply to the employees and other persons acting on behalf of and for the Licensee.
5. The Licensee shall be obliged to abstain from undertaking any activities disposing of the License for the benefit of a third party.
6. The Licensor ensures that the Program has been made with observance of the principles of due diligence and professionalism.
7. It shall be forbidden to distribute any contents of unlawful nature by means of the Program by the Licensee.
8. The Licensee hereby states that he has become acquainted with the functionality and the technical condition of the Program, as well as the principles of its use, and he does not report any reservations.
9. The Licensee shall renounce any claims towards the Licensor related to occurrence of damages as a result of incorrect operation of the Program, excluding the possibility to claim compensation for damages caused by any deliberate actions of the Licensor or third parties acting on his behalf.
V. The intended use of the Program
1. Moto Mobi is a form of software dedicated to operate on portable devices of the smartphone type.
2. The Program is designed for remote management of information related to operation of passenger cars and motorcycles in the scope mentioned in the Terms and Conditions, the template of which is included in Appendix No 1 to the General Terms and Conditions.
3. The purpose of the Agreement is the creation of possibilities of making the Program available to the Users by the Licensee on his own behalf.
VI. The permitted scope of operation
1. The permitted scope of operation shall include:
a) the right of the Licensee to make the Program available to the Users over the Internet, on the website www.motomobi.net.
b) current communication with the Users with use of the Program;
c) current management of the Database and the Users' profiles to the extent corresponding to the rights of the administrator;
d) making changes in the Program through implementation of the activities referred to in Appendix No 2 to the General Terms and Conditions,
e) including advertising content within the Program,
The Licensor shall not be responsible for the content of messages sent by the Licensee to the Users by means of the Program.
VII. The prohibited scope of operation
The Licensee shall not be authorized, in particular, to:
a) create permanent or temporary copies (reproduction) of the Program, either in full or in part, by any means and in any form, except for and with regard to cases, when duplication of the Program is necessary for making it available to the Users,
b) distribute, including lease or rent, the Program or its copies;
c) prepare backup of the Program,
VIII. Name and logo
1. The name and logo of the Program are subject to legal protection on the basis of the relevant regulations.
2. The Licensee shall be authorized to integrate his own logotype and identifying information into the visual layout of the Program visible to the Users, on the terms provided below:
IX. Sharing the Program
1. In order to enable the implementation of the Agreement, the Licensee shall be obliged to register on the website www.motomobi.net as a User. The data identifying the Licensee shall be marked in the Order.
2. The granting of the "Partner" status enables the Licensee to implement all the activities covered by the subject matter of the Contract.
3. Operation of the Program by the User takes place via the website referred to in item IX.1.
4. The Licensor shall provide the Licensee with a non-defective functioning Program and shall be obliged to immediately remove any defects of the Program making a correct use of the Program impossible, which are revealed during the effective term of the Agreement; subject to item IX.6 and without a separate remuneration.
5. The Licensor shall not be responsible for any defects and errors in the Program and their effects arising as a result of unauthorized (without obtaining the License or after the end of the licensing period, or as a result of failure to introduce or incorrect introduction of the Access Code, login or password) or incorrect (inconsistent with the intended use of the Program or with the provided instruction) installation or use of the Program by the Licensee, persons acting on his behalf or third parties.
X. Modifications and improvements
The Licensee may use modifications or improvements of the Program made by the Licensor on the terms decided separately by the Parties.
1. Under granting of the License for using the Program by the Licensor, the Licensee undertakes to pay the Licensor one-time flat-rate License Fee in the amount stated in the Order.
2. The payment of the License Fee referred to in item XI.1 shall take place:
a) within [...] days from the date of signing the Agreement, in accordance with the data indicated in an e-mail, being a confirmation of receipt of the Order,
b) within 14 days from the date of delivery of a properly issued in terms of accounting VAT invoice to the Licensee.
The day of payment shall be the day of crediting the account of the Licensor.
3. The form of payment shall be chosen by the Licensee and shall be marked in the Order.
4. The Licensor reserves the right to change the amount of remuneration, and the change in the amount of remuneration shall not include the Licenses provided on the basis of the Agreements concluded before the effective date of these changes.
XII. Terms and Conditions
1. Owing to the fact that provision of services by means of the Program requires acceptance, by the entity providing this type of services, of the Terms and Conditions referred to in Article 8 (1) of the Act of 18 July 2002 on Provision of Services by Electronic Means (consolidated text: Dz. U. of 2013, item 1422), the Licensor, along with granting the License for the Program, shall grant the Licensor the License to the Terms and Conditions constituting textual work, as defined by the Act on Copyright.
2. The Licensee shall be obliged to make a detailed legal analysis of the provided Terms and Conditions and to adapt them to the needs related to executing the License for the Program.
3. The adaptation referred to in item XII.2 above shall be understood as:
a) adjustment of the data identifying the entity providing services specified in the Terms and Conditions by indicating that the Licensor is the mentioned entity,
b) making any other modifications recognized by the Licensee as necessary to provide the proper and consistent with the law provision of services by means of the Program.
4. Despite maintaining due diligence during the preparation of the content of the Terms and Conditions, the Licensor is not responsible for compliance of the Terms and Conditions with the regulations of the commonly binding law.
XIII. The principles of personal data processing
1. Along with granting the License for the Program, the Licensee transfers the Database of the Users, who expressed their consent to the above, to the Licensor.
2. The Licensee hereby declares that he fulfils all the obligations set by the legal regulations entitling him to process personal data constituting the Database.
3. The Licensor shall not be responsible for the failure of the Licensee to fulfil the obligations related to processing of personal data constituting the Database.
In particular, the Licensor shall not be responsible for the execution of the information obligation by the Licensee, referred to in Article 25 of the Act on Personal Data Protection, and the obligation of registering the Database in the mode referred to in Article 40 and the subsequent Articles of this Act.
XIV. Confidential Information
1. Within the effective term of the Agreement, as well as after its termination, either Party shall undertake to keep confidential any information that may be of confidential nature concerning the subject matter of the Agreement, and also concerning the other Party, in connection or when performing the provisions of the Agreement.
2. In particular, the confidential information constitutes the information being:
a) a trade secret as defined by Article 11 (4) of the Act of 16 April 1993 on Counteracting Unfair Competition (consolidated text: Dz. U. of 2003, No 153, item 1503, as amended);
b) a trade secret as defined by the Act of 29 August 1997 on Personal Data Protection (consolidated text: Dz. U. of 2002, No 101, item 926, as amended);
c) the Know-how of the Licensor.
3. The obligation mentioned in item XIV.1 shall not apply to information that is commonly known (or open by nature) and to cases, in which disclosure of specific information and documents is required by valid law regulations or the appropriate state institutions.
XV. Principles of liability
Unless these General Contract Terms state otherwise, the Parties, under default or improper performance of the Agreement, shall bear responsibility on general terms of the Civil Code.
XVI. The current cooperation of the Parties
1. For the purpose of implementing current cooperation The Parties may communicate by e-mail, phone, fax or mail.
2. The contact details shall be given in the Order.
XVII. Complaint procedure
1. In case of observing any irregularities in operation of the Program, the Licensee shall be authorized to submit a Complaint.
2. The Complaint of the Licensee may be submitted:
a) electronically to the address
b) in written form to the address:
FORTUNATO Tomasz Stancelewicz,
ul. Kludyny 32 lok. 100,
c) via the contact form available on the website www.motomobi.net
3. The Complaint should define:
a) the personal data of the Licensee allowing contact with him,
b) allegations of the Licensee,
c) circumstances justifying the complaint.
4. Subject to the provisions of item XVII.5-6 specified below, the Licensor shall be obliged to give a written answer to the Complaint within 21 days after the date of its receipt, indicating whether he accepts the Complaint or informing of the lack of grounds to accept the Complaint along with justification of his position.
5. In the event of a necessity to clarify any additional circumstances related to the services provided for the Licensor by third parties, for which the Licensor shall be held responsible, or in the case of occurrence of events preventing complaint processing within the time limit mentioned in item XVII.4, the Licensor shall send a message to the Licensee within 21 days informing of the need for clarification of additional circumstances.
6. In the cases specified above in item XVII.5, the deadline for processing the Complaint shall be extended by 21 days.
7. In the case of an incorrect operation of the Program for reasons, for which the Licensor is not responsible, in particular for reasons related to improper functioning of the software of the Licensee, the Licensor shall inform the Licensee about the cause, at the same time indicating the lack of grounds for the acceptance of the Complaint.
8. The Licensee, who does not accept the position of the Licensor expressed in the response to the Complaint, may place a request for an examination of the case.
The provisions of items XVII.1-6 shall apply respectively.
9. The position of the Licensor included in the response to the application for re-examination of the case shall be final, however, it shall not exclude initiation of the proceedings in accordance with the provisions of items XXII.2-3 of the General Terms and Conditions.
XVIII. Specific hazards associated with the use of the Program
1. The use of the Program, similarly to the use of all services provided via the Internet, may be associated with risk. The Licensor has identified no particular hazards associated with the use of the Program.
2. The hazards related to the use of services provided via the Internet include a possibility of infection of the system with unwanted software developed with intent to cause damage (viruses, Trojan horses), as well as a possibility of undesirable intervention in the content of The Program, both via the system of the Licensor, as well as via the system of the Licensee.
3. The hazards related to the use of the Program by the Users have been described in the Terms and Conditions.
4. In order to minimize the above mentioned hazards, the Licensor shall have an appropriate protection system, in particular an up-to-date anti-virus software.
5. The Licensee shall make his best efforts to ensure protection against hazards related to the use of the Program via the Internet.
XIX. The duration and termination of the Agreement
1. Unless the Parties decide otherwise, the Agreement shall be concluded for the period of 12 months.
2. The Agreement concluded for a definite time, after the period, for which it has been concluded, is transformed into an Agreement for an indefinite period of time, unless the Licensee, 30 days prior to the expiry of period, for which the Contract was concluded, notifies the Licensor that he does not intend to use the License after the period, for which the Agreement has been concluded.
3. In the case of a significant breach of the provisions of the Agreement by the Licensee, the Licensor shall be authorized to terminate the Agreement with immediate effect.
4. A gross breach of provisions of the Agreement mentioned in item XIX.1, shall be understood as:
a) violation of personal copyright guaranteed to the Licensor;
b) delay in payment of the License Fee referred to in item XI of the General Terms and Conditions.
5. In the event of the Licensor's withdrawal from the Agreement for reasons referred to in Article 1-2 mentioned above, the Licensor shall be authorized to block the access of the user to the "Partner" profile, and the Licensee shall be obliged to immediately withhold from sharing the Program with the Users, unless the Parties decide otherwise.
6. The Licensor shall not bear liability under claims of the Users caused by cessation of sharing of the Program.
XX. Changes to the General Terms and Conditions
1. The Licensor shall be authorized to make changes in the General Terms and Conditions.
2. Subject to items XIX.3-4 stated below, the amended General Terms and Conditions shall become binding upon their publication on the website: www.motomobi.net
3. The Licensor shall send the information about changes of the General Terms and Conditions, along with the content of the new General Terms and Conditions, to the Licensees to the e-mail addresses indicated by them in the Orders.
4. The Licensee, who does not accept the amended General Terms and Conditions, shall be entitled to terminate the Agreement within 14 days from receipt of the message referred to in item XIX.3 mentioned above.
5. In the case of submitting the notice mentioned above in item XIX.4, the Agreement expires after 14 days from the day of receipt of the statement on termination of the Agreement by the Licensor. The effects of termination of the Agreement in the mode referred to above in the provisions of items XIX.3-4.
XXI. Severability Clause
In the event, when any provision of the General Terms and Conditions should be or should in future prove invalid, or when it should become evident that there is a gap in the General Terms and Conditions, the validity of the remaining provisions of the General Terms and Conditions shall remain in force, unless important provisions of the General Terms and Conditions should be affected by invalidity or the content of the General Terms and Conditions should indicate that, without the provisions affected by invalidity, the Agreement would not have been concluded. The provisions recognized as invalid shall be replaced by valid and effective provisions, which shall be as close as possible to the provisions affected by invalidity, with regard to their economic and financial effects and the intentions of the Parties.
XXII. Final provisions
1. The particular titles contained within these General Terms and Conditions, have been used only for their transparency and for the convenience of the Parties, and they shall not limit or influence the interpretation of the General Terms and Conditions and the Agreements concluded on their basis.
2. In the event of any disputes arising under or in association with the execution of the Agreement, the Parties shall be obliged to cooperate in order to settle such disputes amicably.
3. In the case of failure to reach an agreement, the Parties shall be obliged to refer the dispute to the court competent for the Licensor.
4. In matters not covered by the General Terms and Conditions, the regulations of law commonly binding within the territory of the Republic of Poland shall apply, in particular the provisions of the Civil Code and the Act on Copyright.
5. The above General Terms and Conditions shall be published on the following website: www.motomobi.net
list of appendices:
1. Template of the Terms and Conditions of the use of the mobile application Moto Mobi and the Internet platform Moto Mobi.net.
2. List of activities the Licensee shall be authorized to implement.