MultiTalk Application TERMS AND CONDITION

1. These terms and conditions (“Terms and Conditions”) of MultiTalk are the Terms and Conditions between the user (natural person or legal entity, hereinafter referred to as the “User”) and Vasco Electronics Góralski Group S.K.A. („Vasco“), regarding the MultiTalk mobile application (“Application”).
2. The application may include various related software components, multimedia materials and electronic documentation developed and provided by Vasco and complementary software provided by third parties. The operation of the Software is dependent on third-party software such as Google, Meta, Rollbar.
3. Third-party software may be subject to separate terms of use and end-user licence agreements as defined by such third parties.
4. When the User first launches the Application, the User creates a user account and is given the option to register or log in and read the provisions of these Terms and Conditions, and the Privacy Policy. By ticking the relevant box, the User confirms having read the Terms and Conditions and accepted the terms of use of the Application and the Privacy Policy provided by Vasco - at this point, an agreement for the provision of electronic services is concluded. The User may review these Terms and Conditions and the Privacy Policy through the Application or on the Vasco Electronics website. Lack of consent to the foregoing shall preclude the use of the Application.
5. The Services are provided in accordance with these Terms and Conditions and the generally applicable legal regulations, and the User's breach of the provisions of the Terms and Conditions shall result in consequences arising directly from the content of the Terms and Conditions and the aforementioned legal regulations.
6. Vasco provides electronic services to the Users which involve in particular: maintaining the user account, creating chat rooms for communication and performing translations.

1. In order to use the Application, the User is required to create a user account. A user account can be created by the User entering data in the registration form or validating the account using external portals (e.g. Google, Facebook). Vasco reserves the right to change the form of account creation and to temporarily suspend certain functionalities in this respect. The maintenance of a user account is free of charge.
2. The commencement of the provision of the Services by Vasco to the User, shall take place upon the User's commencement of use of the Application and therefore upon acceptance of the Terms and Conditions and the Privacy Policy. The provision of the Services by the Company to the User is not limited in time.
3. The Application is used to perform text communication with other Users and its simultaneous translation (“Services”). The communication and translation takes place within a chat room, which is set up by the User. The User setting up a chat room may invite other Users to join it by providing them with an access code or by presenting an individual QR code of the chat. Users of the chat can join it via the application installed on various operating systems (Android OS, iOS) and the Vasco translation device.
4. As at the date of publication of these Terms and Conditions within the Application, the User may use the Services subject to limits due to technological constraints:
   1. The character limit for the User's communication in one month is 35,000 characters. A "character" shall mean any textual or graphic unit that can be entered in the course of communication, including, in particular, letters, digits, punctuation marks, breaks (spaces).
   2. The character limit per message in the course of communication is 500 characters per message.
   3. The limit of chats that can be set up by one User is 100 chats in one month.

   The term "month" referred to in (a) and (c) above means 30 consecutive calendar days counted from the date of writing the first message (a) or setting up the first chat (c).

   As the technology of the Application develops, these limits may change.

5. Vasco reserves the right to change the limits referred to in paragraph 4 above. Each time the change will be clearly communicated to the User. Changing the limits of the Services may take place in the Application by describing the individual functions of the Application accordingly (e.g. message character limit). Changing the limits does not constitute an amendment to these Terms and Conditions. A temporary change of limits may also be the result of promotional and marketing activities by Vasco.
6. The Application is intended for mobile devices – i.e. a device (smartphone, tablet) in the User's possession on which the Application may be launched or installed, having the current version of the operating system (iOS, Android), having Internet access via a GSM or WiFi network (a “Mobile Device”). The minimum requirements in terms of mobile operating system versions are:
   1. Android 6.0;
   2. iOS 13.
7. The Services are provided free of charge, excluding the data transfer cost incurred by the User when using the application on the User’s mobile device. The cost of data transfer depends on the mobile network operator or internet provider.
8. Vasco reserves the right to permanently or temporarily suspend the provision of individual functionalities within the Service for reasons of security, technical problems or violation of these Terms and Conditions or generally applicable legal regulations.

1. Under these Terms and Conditions, Vasco grants the User a non-transferable, non-exclusive, territorially and temporally unlimited right to non-commercial use of the Application. In this respect, the right to use the Application covers the following fields of exploitation:
   1. use of the Application, in particular its display and operation on a Mobile Device;
   2. activation, storage and utilisation of the Application on a Mobile Device.
2. For security and technological reasons, the User’s rights to use previous versions of the Application other than the current version shall expire upon receipt or coming into possession of the latest version of the Application installed on a Mobile Device.
3. Certain licence terms for third party software or services may require Vasco to provide such licence terms to the User. The terms of these licences shall be made available to the User to the extent necessary, including a link to the place where the User may consult them.
4. All rights to use the Application are granted on a non-exclusive licence basis only. The User does not receive any interest, exclusivity or ownership rights in the Application.
5. When using the Application, the User agrees to comply with all applicable laws and not to infringe the rights and personal interests of third parties.
6. The User who, in the course of using the Application, generates content that is subject to copyright protection or protected under industrial property rights grants Vasco a licence, unlimited in time, free of charge, unlimited in territory and non-exclusive, to use such content for the purpose of and to the extent necessary for the correct performance of the Services and ensuring the correct operation of the Application. At the same time, the User agrees that Vasco may create translations and adaptations of such content (derivative works) to the extent covered above.
7. The transfer of ownership of a Mobile Device with the Application installed by the User does not constitute a transfer of rights and obligations under the Terms and Conditions. The User must permanently delete the Application from the Mobile Device before transferring ownership of the Mobile Device. It is not possible for Vasco to remotely delete the Application and thus the data stored locally on the Mobile Device.

The User must not:

1. distribute, copy, lease, publish, modify, amend, adapt or translate the Application (in whole or in part and with respect to the source and object code) or sublicense it;
2. reverse engineer, decompile or disassemble the Application or create derivative works based on it;
3. attempt to derive the source code of the Application from the compiled code;
4. install previous versions of the Application;
5. infringe laws, regulations, statutes relating to copyright, industrial property rights, protection of competition or other rights of Vasco or third parties in connection with access to or use of the Application by the User;
6. obtain the Application other than through authorised distribution methods (Google Play, App Store);
7. use the Application other than in accordance with the licence or the Terms and Conditions;
8. use the Application commercially, which means the use of the Application for the professional provision of translation services and/or the creation of similar software or the incorporation in whole and/or in part of the Application software into other software, as well as any other use of the Application that coincides with the scope of Vasco's business;
9. use the Application in a manner that does not comply with current legislation, and in particular the User must not publish unlawful content, such as data and information that may compromise the security of the Application, that is insulting or defamatory, contrary to the principles of social coexistence, or that infringes any rights of Vasco or third parties.

The above restrictions apply to the fullest extent permitted by the applicable laws in the relevant jurisdiction.

If there is any doubt as to the scope of the licence granted, its ability to use the Application must be interpreted narrowly with a limitation to private and personal use related to the primary purpose of operating the Application.

1. Vasco may provide the User with updates, upgrades or services related to the Application. Some updates, upgrades or services may change the current settings of the Application, result in loss of data or content, or cause the inability to use certain features, or may temporarily prevent the User from using the Application (for the duration of the update or maintenance).
2. Updates may be performed automatically if the User’s Device has Wi-Fi access. In the absence of WI-FI access and when required for security reasons — via mobile data transmission. The User agrees to the downloading and installation of updates to the Application in the background.
3. The User does not incur any additional costs for updating the Application apart from any data transmission costs at the operator's tariff rate.

The Application may display or provide the User with links or references to content or sites operated or maintained independently by third parties. Vasco and its affiliates do not control, operate, monitor, endorse, recommend or sponsor third-party links or content. Vasco shall not be liable to the User in respect of third-party links and content. The use of third-party links and content is at the User’s own risk and the User assumes all liability and consequences thereof.

1. In order to implement the Terms and Conditions, to process complaints or to safeguard the legally protected interests of Vasco, Users or third-party software providers, Vasco and third parties may process data necessary due to the type and scope of the Services provided.
2. Vasco and third parties, in providing the Services, may also collect and obtain information about the use of the Application and about the Mobile Device (without viewing the content stored on it). This information may be used for system monitoring/diagnostics, marketing, analytics and to track User behaviour.
3. The Application may request access to other components of the Mobile Device such as device memory or camera. In order to use the full functionality of the Application, the User should agree to such access to the components.
4. Where the User agrees, Vasco may process and analyse the content entered into the Application by the User (textual content, image, voice content), as well as their translations, for the purpose of analysis aimed at better understanding Users' needs, improving the quality of the Services provided, making the use of the Device or Application safer, creating new technological solutions, and examining the objectives for which Users use the Devices and Services. The purpose of the analysis is not to obtain personal data of Users or third parties, but it is possible that the text to be analysed will also include personal data or information which, in combination with other data, may constitute personal data. If the User provides personal data of third parties in this way, the User declares having all the consents of these third parties for the provision of their data and having fulfilled the relevant information obligation towards these third parties.
5. Please refer to the Privacy Policy for details on how this data is used and to whom the User may direct questions.

1. The User is solely responsible for the manner and purpose of using the Application. Vasco is not responsible for any negative consequences of the User’s use of the Application.
2. The Application is provided "as is" and "as available" and may be subject to periodic maintenance and updates, and its functionality may change (while maintaining the functionalities essential to the translation software).
3. Vasco and the third party providers of the Services, to the extent permitted by applicable law, disclaim any warranties relating to:
   1. the conformity, accuracy, timeliness, completeness, reliability and security of the output provided by the Application;
   2. the suitability of the product for the User’s intended purpose;
   3. the User’s uninterrupted satisfaction.
4. Vasco does not guarantee that the Application will be free from interruptions or minor errors due to the nature of the Services provided and technical or technological limitations.
5. Vasco shall not be liable for interruptions or problems in the operation of the Application that are caused by an action or omission on the part of the User or are caused by the need to carry out relevant updates and maintenance of the Application. In particular, Vasco shall not be liable with regard to interruptions and problems with the Services of third parties and indirect service providers (e.g. interruption of communications, disabling of translation software).
6. To the extent permitted by applicable law, Vasco shall in no event be liable in respect of damages (material damage and lost profits) related to the operation of the Application. In the event that mandatory legal provisions do not allow the exclusion of liability in the aforementioned respect, the Parties agree that Vasco's liability shall be limited to the amount of the costs of the purchase of the Application by the User.
7. In the event that Vasco obtains reasonable suspicion regarding the use of the Application for purposes contrary to the provisions of the Terms and Conditions, the licence or generally applicable law, Vasco shall be entitled to notify the relevant state authorities and make the data concerning the Application and the User available to them.
8. Vasco shall not be liable for non-performance or improper performance of the Terms and Conditions if this is due to circumstances beyond Vasco's control which could not have been foreseen and counteracted (force majeure). In the event of force majeure, the performance of the Service shall be suspended for a period equal to the duration of the force majeure.

In the event that Vasco determines that the User is in breach of the Terms and Conditions, including, in particular, violation of the terms of the licence, use of the Application in a commercial manner or against the law, Vasco may take any action to protect its interests and the interests of other Users and/or third parties, including but not limited to temporarily or permanently preventing access to or use of all or part of the Application, blocking access to the Services, suspending or deleting the User's account and taking any other action necessary to prevent unauthorised use of the Application. Vasco reserves the right to take any available legal steps in the event of violation of the Terms and Conditions and generally applicable laws.

The User shall at all times be bound by the provisions of the current version of the Terms and Conditions. Vasco may update the provisions of these Terms and Conditions at any time. The current version of the Terms and Conditions in their printable form can be found at https://vasco-electronics.com/multitalk-terms-and-conditions. The User will be notified of changes to the Terms and Conditions in advance. In the event of changes of a formative nature to the rights of either Party to the Terms and Conditions, the User’s continued use of the Application will require acceptance of the most recent version of the Terms and Conditions.

1. The User has the right to make a complaint about the functioning of the Application and the Services provided.
2. When making a complaint, the User should include information that allows the User’s identification, i.e. the User’s full name and e-mail address, as well as justified reservations and comments concerning the Application.
3. If the User has any questions or wishes to make a complaint about the operation of the Application, we can be contacted at: support@vasco-electronics.com.
4. The complaint will be dealt with immediately, no later than within 14 days of its submission. Notification of the manner in which the complaint has been dealt with will be sent to the e-mail address provided in the submitted complaint.
5. Complaints that do not meet the requirements specified in paragraph 2 above will not be considered.

1. These Terms and Conditions shall be governed by Polish law. The above provision shall not exclude the application of mandatory regulations enforced by the law applicable to the User. The User expressly acknowledges the exclusive jurisdiction of the court of general jurisdiction of Vasco.
2. Vasco stipulates that all descriptions, graphics, sounds and other materials available on the Application are protected by copyright law. The User shall only be entitled to use them within the framework of permitted personal use. Copying, reproduction, distribution in any form whatsoever and other manners of use of the materials contained in the Application beyond the limits of permitted use is prohibited.
3. Where, due to mandatory regulations, the law of another country applies to the provisions of the Terms and Conditions, it shall be applied in such a way as to reflect the rights and obligations arising from the Terms and Conditions to the fullest extent possible.
4. If any disputes arise, the User may resort to an amicable court (arbitration) in order to mediate or reach an agreement (the User may use alternative dispute resolution, ADR). To this end, a request for mediation or a request for arbitration must be provided to Vasco, depending on the User's intentions.
5. If, in the discretion of a competent court or authority, any provision of the Terms and Conditions is found to be invalid, redundant or unenforceable, that provision, or any part thereof, shall, to the extent applicable, be construed to give effect to its stipulations to the fullest extent permissible and the remaining terms and conditions shall remain unchanged and continue to apply subject to any modifications resulting from the invalidity of other provisions.
6. The Terms and Conditions are entered into upon acceptance of the Terms and Conditions on the Device when performing the first action related to the use of the Application.
7. The Terms and Conditions are entered into for an indefinite period of time and may be terminated by either Party at any time, without just cause, with immediate effect, by providing the other Party with a statement to that effect via the Application (e.g. account deletion) or by email. Effective termination of the Terms and Conditions shall be tantamount to a cancellation of the Services and shall require the cessation of use of the Application. Termination on the part of Vasco may take place, in particular, if there has been a breach of the provisions of these Terms and Conditions or if security considerations require it or if there is a breach of the law or of the rights of other Users.
8. These terms and conditions have been drawn up in Polish and subsequently translated into other languages. In the event of any discrepancy between the Polish version and its translation, the Polish version shall prevail. If the content of these Terms and Conditions are not clear or fully understandable, the User may in any case contact Vasco at the e-mail address: support@vasco-electronics.com in order to translate or clarify the content of the provisions of the Terms and Conditions.