1. SUBJECT OF THE REGULATIONS
These terms and conditions, hereinafter referred to as the "Terms and Conditions", define the principles, scope, and conditions of providing the service within YetiForce Cloud by YetiForce S.A. based in Warsaw, address: al. Aleja Jana Pawła II 22, 00-133 Warszawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0000940956, NIP: 118-000-24 -25 represented by: Mr. Bartosz Hermann - President of the Management Board, hereinafter referred to as the "Service Provider".
2. RIGHTS AND OBLIGATIONS OF THE SERVICE RECIPIENT
- The Service Recipient is obliged to provide correct data during the registration process.
- The Service Recipient and Users are obliged not to provide or transmit content prohibited by law, in particular content promoting violence, defamatory or violating personal rights or other rights of third parties.
- The Service Recipient and Users are obliged to use the service in accordance with the provisions of these Terms and Conditions
- The Service Recipient is obliged to pay the fee for using the service on time
- The Service Provider may use the logo and name of the Service Recipient's company for marketing purposes by including them on the reference list on the Service Provider's website, and the Service Recipient agrees to their use for this purpose. The Service Recipient has the right to object to the use of his logo and/or company name for the purposes referred to above, electronically to the Service Provider's e-mail address.
- If the Service Recipient uses the API, the Service Recipient undertakes to use the API in a manner consistent with the law, with the provisions of these Terms and Conditions, with the API documentation available at https://doc.yetiforce.com/api and with the guidelines for using the API provided by Service Provider. By using the API, the Service Recipient has the option of downloading, adding, deleting and editing data contained in the YetiForce system, taking these actions at their own risk. If inconsistent use of the API is found, including using it in a way that generates unnecessary or excessive load on the server, the Service Recipient is obliged to make appropriate modifications to the method of using the API, in accordance with the Service Provider's recommendations. Failure to apply appropriate modifications despite a request sent via e-mail may result in limiting or blocking the use of the API.
3. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
- The Service Provider undertakes to provide the service with the utmost care and standards specified in these Terms and Conditions.
- The Service Provider is not responsible for the consequences of providing the Login and Password by the Service Recipient to third parties.
- The Service Provider is not responsible for incorrect provision of the service caused by:
- Failure to meet the technical requirements necessary to use the YetiForce system, meaning a device with access to the Internet and a web browser listed on this website (https://doc.yetiforce.com/introduction/requirements/#supported-browsers)
- Actions of third parties,
- Reasons beyond the control of the Service Provider.
- The Service Provider has the right to suspend the provision of the service while retaining the data on the server in the event of non-payment by the Service Recipient within 14 days from the date of issue of the Pro forma invoice.
- In the event of non-payment by the Service Recipient for a period longer than 30 days from the date of expiry of the service, the Agreement is deemed terminated, and the Service Provider has the right to permanently delete the service, along with all data and backup copies.
- The Service Provider allows you to restore the service after it has been removed for a fee of 3 times the current package.
- The Service Provider allows you to restore backup copies and send them to the Service Recipient after prior contact for a fee of 6 times the amount of the previously used package.
- If the Service Recipient exceeds the specified parameters available in a given package, they will be switched to a higher package than the one they currently have, and the Service Provider is obliged to inform about this by e-mail.
- The Service Provider is not responsible for incorrect operation of the YetiForce system if it results from incorrect use of the YetiForce system by the Service Recipient.
- The Service Provider is not liable for lost profits or indirect damages.
- The Service Provider has the right to suspend or limit access to the service and API if they are used in violation of these Terms and Conditions.
4. INFRASTRUCTURE AND TECHNICAL SUPPORT
- YetiForce S.A. company built a cluster based on dedicated servers located in the OVH server room. The servers belong to OVH Sp. z o. o. based in Wrocław, address ul. Karola Miarki 6-10 lok. 3-4, 50-306 Wrocław, and the company YetiForce S.A. leases them for the needs of a private cloud.
- All servers are located at OVH Sp. z o. o. within the European Economic Area. In order to ensure the highest possible availability of the YetiForce system, in the event of a failure in the data center in Roubaix, France, backup copies of these servers are made in the server room in Gravelines, France and in Warsaw, Poland.
- YetiForce S.A. is entitled to planned breaks in the operation of the infrastructure in order to implement necessary changes and updates. If the break period is longer than 6 hours, the Service Recipient has the right to a free extension of the service operation period by the period during which the service was not available. Each planned break will be notified in advance by YetiForce S.A. to the e-mail address provided for contact.
- YetiForce S.A. can use scripts and tools for central monitoring and management of individual virtual machines.
- Technical support at the hardware and network level (SLA at the level of 99.95%) - problems at this level are handled directly by OVH Sp. z o. o., based on applications sent by YetiForce S.A. The terms of support service are described in the OVH regulations for dedicated servers: https://www.ovh.pl/pomoc/regulaminy/ and the SLA conditions have been described, among others, on the following page: https://www.ovh.pl/serwery_dedykowane/sla.xml?range=BIGDATA
- Technical support at the operating system level (SLA at 99%) - problems at this level are handled directly by YetiForce S.A.
- Technical support at the YetiForce system level (SLA of 99%) - problems at this level are handled directly by YetiForce S.A. The support provided at this level only applies to errors in the operation of the YetiForce system and is not intended to provide the Service Recipient with services related to training and support in the customization and configuration of the YetiForce system because this type of work requires a separate paid contract.
- YetiForce S.A. undertakes to exercise due diligence to ensure stability, uninterrupted operation and high quality of the service offered.
- All YetiForce Cloud packages require a fee.
- The fee is paid in advance in accordance with the service price list available on the following website: https://yetiforce.com/en/marketplace/cloud.html
- Payments are handled by PayPal (Europe) S.à r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) registered in the European Economic Area.
- The fee may be reduced by a 5% discount, granted if the contract is paid for one year in advance.
- The Service Provider informs the Service Recipient by e-mail about the approaching end of the paid period 7 days before its end - by sending a pro forma invoice covering the extension of the existing service, and 4 days before the end, and then 1 day before the end - by sending a reminder in the form of an e-mail.
6. PERSONAL DATA PROTECTION
- The Service Recipient may provide personal data in order to use the service, as well as while using it, for example when filling out forms and corresponding with YetiForce.
- Providing personal data is voluntary, but necessary to use the service. Without providing personal data, it will not be possible to provide the service.
- All personal data provided by the Service Recipient or collected by YetiForce S.A. about them are processed in a manner consistent with the requirements set out in Polish law, and primarily in accordance with 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, hereinafter referred to as "GDPR".
- The administrator of the personal data indicated above is YetiForce S.A..
- YetiForce S.A. may entrust the processing of the collected personal data of Service Recipients to another entity on the basis of an agreement concluded with it to entrust the processing of personal data, if necessary to provide the service.
- The Service Recipient has the right to access their personal data and may verify or correct it, as well as delete it, by submitting an appropriate request to YetiForce S.A..
- The Service Recipient also has the right to limit the processing and the right to transfer personal data. If personal data are processed contrary to legal requirements, they will have the right to lodge a complaint with the supervisory authority.
- The Service Recipient also has the right to object to the processing of personal data for reasons related to the Service Recipient's special situation, if the personal data will be processed on the basis of legitimate interests. The service recipient is also entitled to object to the processing of their personal data in any case if they are processed for direct marketing purposes.
- YetiForce processes the personal data of Service Recipients and uses them to the extent and for the purpose necessary to provide the service, including to provide information on the operation of the tool, its possible use by the Service Recipient and necessary activities, such as payments, invoices, etc.
- The legal basis for the processing of personal data is Art. 6 section 1 letter b and art. 6 section 1 letter f, GDPR. The legally justified interest of YetiForce S.A. is to market its own services.
- YetiForce S.A. based on additional and optional consent granted by the Service Recipient, he has the right to send marketing information to the provided e-mail addresses. The consent referred to in the preceding sentence may be revoked at any time. If such consent is given, the legal basis for the processing of personal data will also be Art. 10 of the Act of July 18, 2002, on the provision of electronic services and Art. 172 of the Act of July 16, 2004, Telecommunications Law.
- Personal data will be processed for the time needed to provide the service to the Service Recipient, and after completion of their provision for the time needed to demonstrate the correct performance of YetiForce S.A.'s obligations for the benefit of the Service Recipient. This period corresponds to the length of the limitation period for claims. Personal data processed in the scope of conducting marketing activities will be processed for the duration of their conduct by YetiForce S.A. or until the Service Recipient expresses an objection to further processing of personal data for marketing purposes or withdraws consent to sending marketing information to the e-mail address. Withdrawal of consent does not affect the lawfulness of processing before withdrawal of consent.
- YetiForce S.A. applies technical measures required by current provisions on the protection of personal data to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
- The Service Recipient cannot use the service anonymously or under a pseudonym.
- Personal data of Service Recipients will not be transferred to countries outside the European Economic Area.
- The Service Recipient has the right to receive a copy of their personal data.
7. FINAL PROVISIONS
- These Terms and Conditions are available on the website: https://yetiforce.com/en/. The Service Provider reserves the right to change the Terms and Conditions, in particular when it is required by an update or other changes in the provision of the service or by law.
- Any changes to the Terms and Conditions are effective from the date of their publication on the website: https://yetiforce.com/en/.
- The use of the service by the Service Recipient is tantamount to reading and accepting the content of these Terms and Conditions.