Terms of Service of Vasco Multitalk Application

§ 1

General provisions and definitions

For the purposes of these Terms of Service, the terms written with initial capital letters and indicated below shall be understood as follows:
1. Terms of Service - these terms of service of Vasco MultiTalk application, available in the mobile application referred to in point 5 below, being the regulations referred to in article 8 of the Act of 18 July 2002 on the Electronic Provision of Services (Journal of Laws of 2002 No 144 item 1204 as amended);
2. Service Provider - Vasco Electronics spółka z ograniczoną odpowiedzialnością spółka komandytowo-akcyjna, with its registered office in Krakow, 1/CTA/350 Aleja Pokoju Street, 31-548 Krakow, entered in the Register of Entrepreneurs run by Sąd Rejonowy dla Krakowa – Śródmieścia in Krakow, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under the KRS number: 0000421705, having NIP number: 6772369151, REGON number: 122581850, e-mail address: mail@vasco-technologies.com;
3. User - an adult natural person, a legal person or an organizational entity which is not a legal person, to which special regulations grant legal capacity, who uses the services defined in point 6 below;
4. Consumer - a User who is a natural person and who acts in transactions for purposes unrelated to his trade, business or professional activity. Provisions concerning the Consumer contained in the Terms of Service shall also apply to a natural person concluding an agreement directly related to his or her business activity, if the content of such agreement shows that it does not have a professional character for that person, resulting in particular from the subject of his or her business activity, made available on the basis of the provisions on Central Register and Information about Business Activity;
5. Application - Vasco MultiTalk application distributed by or with the consent of the Service Provider, which, thanks to the translation of messages sent and received by Users in real time, allows Users who speak different languages to conduct conversations in the language chosen by each User, available for free download from the Google Play store on mobile devices referred to in point 7 below, enabling access to services defined in point 6 below;
6. Services - services provided by electronic means to the User by the Service Provider within the Application on the basis of the agreement referred to in point 8 below, in particular the services consisting in translation of messages sent and received by Users in real time, allowing Users who speak different languages to conduct conversations in the language chosen by each User, available in two options, as free services, specified in point 9 below and payable services, specified in point 10 below;
7. Mobile devices - portable electronic devices connected to the Internet using wireless technology (3G, LTE, Wi-Fi) using the Android operating system;
8. Agreement - an agreement for the provision of services by electronic means, concluded by and between the Service Provider and the User in order to provide Services within the Application;
9. Basic Services - Services provided to the User by the Service Provider within the Application free of charge in the scope specified in detail in the Application, including translation of a limited number of characters and creation of a limited number of conversations per month;
10. Premium Services - payable Services provided to the User by the Service Provider within the Application in the scope specified in detail in the Application, allowing to translate more characters and create more conversations per month than within the Basic Services;
11. Account - an account created for the User in the Application, enabling him or her to access the Services provided by the Service Provider under the Agreement.
The Terms of Service specify in particular the terms, scope and conditions of the Services’ provision Agreement and the use by the Users of the Services provided by the Service Provider within the Application

§ 2

Services’ provision Agreement

The download of the Application from the Google Play store to Mobile Devices and the use of the Services offered within it in the scope of Basic Services is free of charge.
The Service Provider is not a provider of data transmission services. The costs of data transmission required for downloading, installing, launching and using the Application shall be covered by its Users themselves on the basis of agreements concluded with telecommunications operators or other Internet providers. The Service Provider shall not be liable for the fees charged for the use of data transmission necessary to use the Application.
In order to conclude the Basic Services' provision Agreement, the User shall register an Account in the manner indicated in § 5 below.
The Basic Services' provision Agreement is concluded at the moment of the registration of the User's Account.
The Basic Services' provision Agreement is concluded for a fixed period of one month and is automatically renewed every month on a subscription basis.
During the Basic Services' provision Agreement, the User may purchase Premium Services at any time at the price specified in the price list contained in the Application.
The Service Provider reserves the right to change the prices indicated in the price list referred to in section 6 of this paragraph, however, such change shall not apply to the prices of Services purchased before the change of the price list is made.
The conclusion of the Agreement for the provision of Premium Services takes place through the Google Play application on the terms and conditions made available to the User before the purchase.
Payment for Premium Services is made using the selected Google Pay mobile payment method on the terms and conditions made available to the User before the purchase.
The Agreement for the provision of Premium Services is concluded for a fixed period of one month and it is renewed automatically every month on a subscription basis. The User has the right to resign from the subscription at any time. The fee for each month of providing Premium Services is charged monthly using the chosen Google Pay mobile payment method.
The Basic Services' provision Agreement may be terminated by the Service Provider or by the User. Termination of the Basic Services' provision Agreement by the User takes place at the moment of uninstalling the Application on the User's Mobile Device. In order to permanently delete the Account, the User shall send an e-mail to: mail@vasco-technologies.com.
The Agreement for the provision of Premium Services may be terminated by the Service Provider or by the User. In order to terminate the Agreement for the provision of Premium Services, the User cancels the subscription through the Google Play application.

§ 3

The Service Provider does not guarantee the uninterrupted provision of Services or the quality parameters of access to them. The access quality parameters depend on the capacity of the Internet network between the Service Provider and the User and other factors independent of the Service Provider.
The Service Provider reserves the right to limit, suspend or discontinue the provision of Services in part or in whole on the terms specified in the Terms of Service.
The use of the Application or Services by the User in a manner inconsistent with its intended use, contrary to law, principles of social coexistence, good manners or the provisions of the Terms of Service and the registration by one User of more than one Account justifies immediate cessation of the provision of the Services to a given User and blocking or deleting of the Account. The User who was denied access to the Application will be informed about it in a form of a decision made available to her or him within the Application. This decision may be appealed against within 14 days by sending an e-mail to the Service Provider's e-mail address indicated in § 1 section 1 point 2 of the Terms of Service.
The User is obliged to refrain from any actions that might adversely affect the operation of the Application or the Service Provider's computer systems, as well as from any interference with the shape of the Application.
The content of the Terms of Service is provided to the User free of charge at the first launch of the Application. The User is obliged to read the Terms of Service. The acceptance of the Terms of Service is voluntary, but it constitutes a condition for using the Application and the Services provided therein.
The Service Provider reserves the right to send the User e-mail messages related to the provision of Services, which do not constitute commercial information within the meaning of the Act of 18 July 2002 on the Electronic Provision of Services (Journal of Laws of 2002 No 144 item 1204 as amended).

§ 4

Technical requirements

The User wishing to use the Services must have the Mobile Device with the Application installed on it. The installation of the Application is possible on the Mobile Device with the Android operating system in at least 5.1 version.

§ 5

Registration of the Account and use of the Application

The User registers the Account within the Application by logging in to his or her account in an external application after choosing one of the available options: "Sign in with Google" or "Sign in with Facebook".
When registering an Account using the option "Log in with Google", the Service Provider receives the following data from Google to register the Account:
1. name and surname;
2. e-mail address;
3. profile photo.
When registering an Account using the option "Log in with Facebook", the Service Provider receives the following data from Facebook to register the Account:
1. name and surname;
2. e-mail address;
3. profile photo.
After logging in through the chosen account in one of the external applications mentioned above, the User's Account is created within the Application and the User is asked to configure his or her User's Account by i. a. entering the User's name and choosing the language in which he or she will conduct the conversations.
By creating the Account in the Application, the User undertakes to comply with the Terms of Service and accepts its provisions, which he or she confirms by selecting the appropriate selection button during the Account’s registration. In the same way, the User confirms at the Account’s registration that he or she has read and accepts the provisions of the Privacy Policy referred to in § 8 of the Terms of Service.
When registering the Account and using the Application, the User should provide true, accurate, complete and not misleading data. The Service Provider does not verify the accuracy of the data provided. The User is solely responsible for the accuracy of the data provided during the registration and the use of the Application, including his or her personal data and that of third parties. In case of providing data of third parties, the User declares that he or she has all required consents of these persons to provide such data, including personal data.
The Service Provider may refuse to create the User’s Account or block or delete the existing User’s Account if the Service Provider receives reasonable, reliable information that the data on the User’s Account or the manner of his or her use of the Services are contrary to the law, the Terms of Service, good manners, violate personal rights or legitimate interests of the Service Provider, other Users or third parties. In such case, the Service Provider may also block the provision of Services to the User.
Within the Application, the User may create a new conversation and share its number or QR code with other Users, as well as join an existing conversation created by another User by entering its number or scanning its QR code. A maximum of 100 Users may be invited to one conversation. The person who created a given conversation acts as its moderator.
The User can enter text as part of a conversation using the keyboard or the speech recognition function.
The Application gives an opportunity to listen to the pronunciation of the text translated during the conversation, consisting of the message received from another User, as well as to display the original, untranslated text of the message received from another User in the language he or she speaks.
The possibility to listen to the pronunciation of the text translated as a part of the conversation, consisting of the message received from another User, referred to in section 10 above, is available if the User has the appropriate TTS (Text-to-Speech) for a given language on his or her Mobile Device on which the Application is installed (management of the available TTS languages on the Mobile Device is carried out through the settings of the given Mobile Device).

§ 6

Complaints

Complaints regarding incorrect access to the Services shall be submitted to the Service Provider by an e-mail message sent to the e-mail address of the Service Provider indicated in § 1 section 1 point 2 of the Terms of Service.
The complaint shall include at least:
1. first and last name;
2. e-mail address;
3. profile photo.
When registering an Account using the option "Log in with Facebook", the Service Provider receives the following data from Facebook to register the Account:
1. name and surname;
2. e-mail address;
3. description of the subject of the complaint, including i.a. the date and time of the problem’s occurrence and the User's claims regarding complaint.
Properly submitted complaints will be considered no later than within 14 working days from the receipt of complete information about the problem, subject to the provision that in relation to the Consumer, failure to respond within the time limit indicated in this point shall mean recognition by the Service Provider of the legitimacy of the complaint.

§ 7

Right of withdrawal from the Agreement

The Consumer is entitled to withdraw from the Agreement without giving any reason within 14 days of the day of concluding the Agreement.
In order to withdraw from the Agreement, the Consumer should submit to the Service Provider a statement of withdrawal from the Agreement sent by an e-mail message using the e-mail address of the Service Provider indicated in § 1 section 1 point 2 above.
In the event that the Consumer withdraws from the Agreement in the manner and within the period indicated in this paragraph, the Service Provider shall reimburse the Consumer for all costs incurred by him or her directly related to the conclusion of the Agreement.
If, basing on the Consumer's consent, the Service Provider started providing the Services to the Consumer before the expiry of the period to exercise the right to withdraw from the Agreement, the Consumer withdrawing from the Agreement will be charged with justified costs incurred by the Service Provider for the first month of the Services’ provision.

§ 8

Personal data protection

The rules of processing the User's personal data are described in the Privacy Policy.
Before starting to use the Application, the User is obliged to acquaint himself or herself with the Privacy Policy, which is available to the Users within the Application.

§ 9

Liability

The User uses the Application voluntarily, at his or her own risk. The Service Provider's liability for any damage caused in connection with the use of the Application and Services, in particular, the lack of functioning of the Application or lack of access to the Services, as well as their malfunction is excluded to the widest possible extent permitted by law. In particular, the Service Provider's liability towards Users other than Consumers does not include lost profits.
The Service Provider does not guarantee that the User's expectations will be met in the usage of the Application and Services, including in the course of his or her business activities. The Service Provider reserves that the Application is made available to the User "as it is".
The Service Provider assures that the Application is created with due diligence, but because of the fact that it constitutes an intellectual product, in which it is impossible to predict all its rules of behavior and operation, the Service Provider does not guarantee that the Application is completely free of errors/defects.
The Service Provider shall not be held liable for any limitations or technical problems in the ICT systems used by the Users, which prevent or restrict the Users from using the Application and the Services offered therein. The Service Provider shall not be liable for the unsatisfactory quality, performance or accuracy of the Application.
The operation of the Application may be interrupted for technical reasons, in particular due to maintenance of the Application or the operating systems. The User will be informed about a planned interruption in the operation of the Application through the appropriate information in the Application posted by the Service Provider.
The provision of the Services may be interrupted in the event of improper connection quality, damage or defects in telecommunications equipment, power supply systems, computer equipment, telecommunications network failure, power cuts or any third party’s action.
The Service Provider shall not be liable to Users other than Consumers for temporary or permanent failures of the Services which are the result of an action or omission of third parties who participate in providing the Services to Users within the Application.
In any case, the liability of the Service Provider in relation to Users who are not Consumers to whom Premium Services are provided is limited to the amount of the monthly subscription fee.
All data entered by Users during the use of the Application are the property of Users who bear full responsibility for them. The Service Provider is not responsible for the accuracy of the data entered as a part of using the Services.
The User is fully liable to third parties or other Users for damages caused to them in connection with the uploading of content within the Application. The User releases the Service Provider in full from this liability towards other Users or third parties.

§ 10

The Service Provider declares to have intellectual property rights (including copyrights) to the Application, know-how, technology and technical information concerning the Application and the Services provided, these rights are not encumbered by the rights of the third parties, and their disposal has not been limited or excluded in any way.
As part of the concluded Agreement and for its duration, the Service Provider grants the User a non-exclusive and territorially unlimited licence to use the Application on the terms specified in the Terms of Service and only to the extent and in the manner necessary to use the Services in accordance with the Terms of Service.
The User has no right to multiply, sell or otherwise place on the market or distribute the Application, in whole or in part, in particular to transmit or make it available in computer systems and networks, mobile application distribution systems or any other ICT systems.
The User has no right to:
1. make or enable making copies of the Application;
2. make the Application available to third parties for use under any title (paid or free of charge);
3. develop the Application and perform any other activities aimed at creating computer programs similar or analogous to the Application in terms of its purpose or function;
4. make other modifications to the Application in whole or in part, including for the purpose of developing the Application and creating its extensions, updates and studies, including those constituting dependent, autonomous work or part of other work, including the collective work;
5. rent, lease or share or sublicense the Application;
6. decode, distribute or decompile the Application;
7. exercise related rights to the Application.
As part of the concluded Agreement and for its duration, the Service Provider grants the User a non-exclusive, territorially unlimited licence to use the Application's logotype exclusively in order to promote the Application. The Service Provider does not agree to any modification of the Application’s logotype.
The operation of the Application is dependent on software and third parties such as: Google, Firebase, Microsoft, IBM, Amazon, DeepL, Baidu, Digital Ocean. The third party software may be subject to separate terms of service and end user license agreements that have been determined by these third parties. Your acquaintance with and acceptance of them states a condition of using the Application. If the User does not agree to these terms, the installation of the Application is not permitted.

§ 11

Final provisions

This version of the Terms of Service shall enter into force on 15.01.2021.
The Service Provider reserves the right to amend the Terms of Service due to important reasons. Any amendments to the Terms of Service shall be preceded by posting the appropriate information in the Application at least 14 days before they enter into force.
If any of the provisions of the Terms of Service proves to be invalid, ineffective, illegal or unenforceable in whole or in part, this circumstance shall not affect the validity of the remaining provisions of the Terms of Service.
The law applicable to the dispute resolution is Polish law. To matters not regulated by the Terms of Service, the provisions of Polish law shall apply. Regarding Consumers, the choice of law shall not deprive them of the protection granted under the provisions which cannot be excluded by an agreement under the law of the country, in which the Consumer has his or her habitual residence.
All disputes the User and the Service Provider will try to resolve amicably. In the absence of an amicable solution, court disputes shall be subject to the jurisdiction of the court competent for the Service Provider, except for litigations involving the Consumer.
The Consumer is entitled to use out-of-court means of complaint handling and claiming, including but not limited to applying to the consumer's permanent arbitration court to resolve the dispute.

Terms of Service of Vasco Multitalk Application

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