END-USER LICENCE TERMS AND CONDITIONS
These licence terms are an agreement between the end-user and the application provider which is Yellow Dot spolka z ograniczona odpowiedzialnoscia spolka komandytowa (Yellow Dot limited partnership) with its registered office in Gdansk (address: Grunwaldzka 411, post code: 80-309 Gdansk, Poland) and registration number 304205 (hereinafter: “YDot”). They apply to the application that the end-user accesses via RM Unify, including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply.
BY USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, THE END-USER ACCEPTS THESE TERMS. IF THE END-USER DOES NOT ACCEPT THEM, HE HAS NO RIGHT TO AND MUST NOT USE THE APPLICATION.
If the end-user complies with these end-user licence terms and conditions, he is granted the licence rights below.
- General provisions.
- These end-user license terms and conditions (hereinafter: ”terms and conditions”) define the general terms and conditions of the license agreement on application (hereinafter: ”application”) sold and available through the RM Unify service provided by RM Education Limited.
- The application provider is Yellow Dot spolka z ograniczona odpowiedzialnoscia spolka komandytowa (Yellow Dot limited partnership ) with its registered office in Gdansk, Poland (address: Al. Grunwaldzka 411, post code: 80-309 Gdansk, Poland), registered in National Court Register kept by the District Court (Sąd Rejonowy Gdańsk Pólnoc in Gdańsk) under KRS number 114771 (hereinafter: “YDot”).
- It is forbidden to send and store any content of an unlawful, abusive, liable to mislead by the application’s website and content containing viruses or likely to cause disruption of electronic systems.
- The user is bound by the accepted terms and conditions. Amendments of the terms and conditions shall be without effect on the conditions of application license ordered and paid before the entry into force of the aforementioned amendments.
- Technical requirements.
- In order to use the application the user should have access to the current version of the browser and the current version of Flash player plugin, and fulfill the conditions described in terms and conditions. In order to use the application the user should have valid access to RM Unify user’s personal account.
- YDot shall use all reasonable endeavors to make the application accessible to the users of all common Internet search engines, operating systems, types of devices and types of Internet connections, although it cannot guarantee that the application is compatible with all possible types of systems, devices and Internet connections.
- The application connects to the user’s device through the Internet and only via RM Unify user’s account. By using the application, the user expresses their consent to the transmission of standard device information (including but not limited to technical information about device, system and application software, and peripherals) for Internet-based. The user may not use the application in any way that could harm it or impair anyone else’s use of it. The user may not use the application to try to gain unauthorised access to any service, data, account or network by any means.
- License agreement.
- The license period and the price are specified in the RM Unify service and the purchase order.
- The duration of the purchased license starts from the moment of the first access. The application license expires upon the period that the application is purchased for.
- The application license includes the user’s right to non–exclusive, temporary access to the application via RM Unify user’s account while at the same time the user is entitled to access the application only from one device.
- YDot is not responsible for providing support services for the application, unless the terms and conditions provide otherwise.
- The application is licensed, not sold and this agreement grants the user only some rights to use the application. YDot reserves all other rights. Unless applicable law gives the user more rights in spite of this limitation, the user may use the application only as expressly permitted in this agreement.
- The user is entitled to use the application only for educational, private and non-commercial purposes.
- The application license does not include rights to:
- permanent or temporary copying the application in whole or in parts by any means or in any form, except for cases when it is necessary to use the application according to the terms and conditions or allowed by applicable law,
- making the application available to third persons by disclosure of the login and password to user’s account,
- recording and copying of the application on IT carriers except for cases when it is allowed by applicable law,
- translating, adapting, configuration changing or introducing any changes to the application code except for cases when it is allowed by applicable law,
- attempts to remove or brake the technical protection against unlawful copying or release of the application,
- release, sell, lend or lease (also via the Internet) the exercises and other resources (including graphics, photos and text),
- printing the application’s resources in whole or in parts (including graphics, photos and text) except for printing for the user’s private purposes or allowed by applicable law.
- In cases of the license terms and conditions breach, YDot has the right to block the Application temporary (until the case is explained).
- In cases of a repetitive license terms and conditions breach, YDot has the right to terminate the license. Before the license termination, YDot shall call the User to stop infringements.
- In case YDot receives information from RM Education Limited about customer’s outstanding payments for the access to the application, YDot is entitled to terminate the license agreement without prior notice and to enforce damages directly from the user.
- On line support.
- YDot is responsible for on line support that may be required by the User in relation to the App. The support does not cover the user’s access to RM Unify service.
- The user has the right to file a request in respect of the performance of the license agreement by the YDot via the contact form available within the application.
- All requests and complaints shall be filed through the contact form available within the application.
- The request/complaint shall include the user’s data (name and surname) together with e-mail address and details concerning the request/complaint.
- YDot considers complaints immediately, in order in which they are received, but not later than within 14 days from the day of making a complaint. In case the complaint cannot be considered in 14 days, YDot shall notify the User on reasons of the delay and on the expected time of considering of the complaint.
- 5. Intellectual property.
- The copyrights to the resources in the application (as well as the layout, texts, graphic design and database available through the application’s website) are owned by YDot or Gdanskie Wydawnictwo Oswiatowe M. Dobrowolska spolka jawna (GWO; Educational Publishing House of Gdansk M.Dobrowolska registered partnership) with its registered office in Gdansk (address: Grunwaldzka 411, post code: 80-309 Gdansk, Poland) and registration number: KRS 80508. YDot is entitled to enforce claims arising from breach of intellectual property rights owned by GWO.
- The intellectual property rights are covered by legal protection and any person infringing these shall be liable under applicable laws and under proper international regulations (e.g. the Berne Convention for the Protection of Literary and Artistic Works or the WIPO Copyright Treaty).
- It is forbidden to reproduce, duplicate, copy, sell, resell or otherwise exploit the application’s resources (in whole or in part) for any purpose without prior express written consent of YDot, subject to fair use according to generally applicable provisions.
- It is forbidden to use the application for any commercial purpose or making the resources accessible free-of-charge in the Internet without prior written consent of YDot.
- Every case of infringement of the YDot’s or third parties’ intellectual property rights shall institute legal action against the user according to generally applicable provisions.
- Final provisions.
- In matters not governed by these terms and conditions, the general domestic and international laws shall apply according to Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and to Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 June 2007 on the law applicable to non-contractual obligations (Rome II).
- This agreement describes certain legal rights and obligations of the user. The user may have other rights under the laws of their state or country provided they apply to their rights and obligations. This agreement does not change rights under the laws of the user’s state or country if the laws of their state or country do not permit it to do so.
- The application may be subject to domestic or international technology control or export laws and regulations. The user must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws may include restrictions on destinations, end users and end use.
- DISCLAIMER OF WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE APPLICATION IS LICENCED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE" AND THE USER BEARS ALL RISK OF USING IT; (B) THE APPLICATION PROVIDER, ON BEHALF OF ITSELF, RM (IF RM IS NOT THE APPLICATION PROVIDER), AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE APPLICATION; (C) THE USER MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. APPLICATION PROVIDER AND RM EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PARTICULARLY THE APPLICATION PROVIDER SHALL NOT BE LIABLE FOR DAMAGES:
(A) CAUSED BY INFRINGEMENT OF THESE TERMS AND CONDITIONS BY THE USER,
(B) CAUSED BY MAKING AVAILABLE THE LOGIN AND PASSWORD TO ANY THIRD PARTIES BY THE USER,
(C) IMPROPER HARDWARE OR SOFTWARE CONFIGURATION OF THE USER’S DEVICE,
(D) INACCESSIBILITY OF THE APPLICATION THROUGH THE RM UNIFY SERVICE OR IMPROPER FUNCTIONING OF THE APPLICATION CAUSED BY RM UNIFY SERVICE OR OTHER ACTIONS OR OMISSIONS OF RM EDUCATION LIMITED AND THIRD PARTIES,
(E) CAUSED BY THIRD PARTIES THAT THE APP PRVICER COULD NOT PREVENT OR CAUSED BY OTHER FORCE MAJEURE.
- LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, THE USER CAN RECOVER FROM THE APPLICATION PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT HE PAID FOR THE APPLICATION OR L1.00, WHICHEVER IS GREATER. THE USER WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM THE APPLICATION PROVIDER.
This limitation applies to:
- anything related to the application or services made available through the application; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if:
- repair, replacement or a refund for the application does not fully compensate the user for any losses; or
- application provider knew or should have known about the possibility of the damages.
§ 1 General provisions
§ 2 Technical safety measures
- YDot is an administrator of the user’s personal data collected by RM Education Limited during the purchase procedure on the RM Unify website and provided to YDot by the RM Unify (name, surname and e-mail address). The data is necessary to perform the license agreement between the user and YDot. The user’s consent to process their data by the YDot is not obligatory, but lack of such consent shall deem ending of the purchase procedure and the access to the application impossible.
- Personal data of the user is processed according to applicable Polish and European safety regulations.
YDot prevents unlawful acquiring and modifying of the user’s personal data by complying with the rules specified below:
§ 3 User’s right in terms of personal data processing
- data flow between YDot’s IT system and the Internet is controlled by specialist computer systems;
- the user’s data is protected by specialized cryptographic systems.
APPENDIX No 2 - Information on threats concerning electronic services
- The user shall express their consent to the processing of their personal data by marking a proper check-box upon the first access.
- The user has the right to check and to correct personal data processed by YDot by sending an email to the following address: email@example.com.
APPENDIX no 3 - Group Statistics
- YDot does not warrant that the application will be uninterrupted or error free or the server that makes them available are free of viruses or bugs. The user acknowledges that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks).
- The user is responsible for ensuring that their device system meets all relevant technical specifications necessary to use the application and that they are compatible with the application. YDot does not guarantee or warrant that any material available through the application will be free from infection, viruses and/or other code that has contaminating or destructive properties.
- “Group Statistics” (hereinafter: “Statistics”) is an additional, free-of-charge functionality available through the application that enables the specific user (teacher) to acquire information on results achieved by users (pupils) who are registered in Statistics and to send them messages.
- The Statistics is not a formal documentation of the course of teaching according to general legal provisions.
- The Statistics is managed by the user who is identified as a teacher. This user (teacher) receives the information on results and frequency of the application use by users (pupils).
- The access to data available through the Statistics is limited by the period of the license granted to the user (pupil) associated with the Statistics.
- The teacher shall inform pupils and their legal guardians on using the Statistics. Data concerning the pupil shall be used only for statistical purposes (to compare results and educational progress of a pupil and class). Using data from the Statistics in order to evaluate the results of educational development of a pupil depends on arrangements between the teacher and the pupil.
- The teacher shall protect personal data and results of a pupil from unlawful access of third persons. In case the teacher uses the Statistics in places where it is possible to gain access to the above data by third persons, the teacher shall logout from the Statistics every time he stops using it.
- In case the pupil’s account is established without consent of a legal guardian (e.g. parents), YDot has the right to switch off the Statistics without withdrawing the application license on demand of the legal guardian.
- YDot is not liable for unlawful use of the Statistics by the user.
- YDot has the right to withdraw the Statistics license without prior notice and without prejudice to the application license in case the user takes the advantage of the Statistics against the terms and conditions. Before withdrawal YDot shall call the user to stop the infringements.
- YDot is not processing personal data revealed in the Statistics. The frequency of application use and results can be used (anonymously) by YDot for statistic purposes.