Language. This is a translation provided for convenience. The contract is concluded in Polish and, in the event of any discrepancy, the Polish version prevails: Regulamin Serwisu i Aplikacji LegitView.eu.
§ 1Definitions
- Application – software created by the Provider, accessible through a web browser, enabling checks of business entities in publicly available sources, on the terms set out in these Terms.
- Website – the website at https://legitview.eu, operated by the Provider.
- Civil Code – the Polish Act of 23 April 1964, the Civil Code.
- Provider / LegitView – the owner of the Website and the Application: DAWID JUSTYŃSKI, sole proprietor, ul. Mostowa 33, 05-800 Pruszków, Poland, VAT ID (NIP): 5342688114, REGON: 540490658, e-mail: info@legitview.eu, phone: +48 535 777 646.
- Client – an entity that is an entrepreneur within the meaning of Article 43¹ of the Civil Code, with full legal capacity, using or intending to use the Services. We provide the Services to businesses only — see § 2(2).
- Services – all services provided by the Provider electronically through the Website and the Application.
- Agreement – the agreement concluded between the Provider and the Client, under which the Provider supplies the Services for a fee.
- Account – the Client’s individual account in the Application, accessible using the e-mail address given when the account is created and a password set by the Client.
- Sub-account – a resource within the Client’s Account allowing people acting on the Client’s behalf to use the Services under the Agreement, with an assigned set of permissions.
- Covered Country – a country for which the Application provides a Check. The list of Covered Countries is set out in § 2(5).
- Source – a publicly available register, list, record, database or other publicly available information resource from which the Application retrieves data as part of a Check.
- Check – a one-off retrieval and collation of data concerning a single entity from the Sources applicable to a Covered Country, resulting in the presentation of a result in the Application.
- Vehicle Check – verification of vehicle and trailer data on the basis of a registration plate number supplied by the Client, to the extent made available by the Sources of the given country (including motor third-party liability insurance, roadworthiness test, vehicle type).
- Contact Address Inspection – verification of the domain and e-mail address indicated by the Client on the basis of publicly available information about the domain, its configuration and the publicly accessible website.
- Report – a PDF document generated at the Client’s request, containing the result of a Check together with an indication of the Sources and a timestamp.
- Evidence Package – a set of the raw responses of the Sources received during a Check, together with the Source address, the response code, a timestamp and a cryptographic hash of the content.
- Source Document – a document produced by a Source (such as an extract, excerpt or status confirmation), made available to the Client in the form in which the Source produced it, without processing by the Provider.
- Summary Result – the summary of a Check presented in the Application and in the Report, produced by comparing data from different Sources according to rules defined by the Provider. The nature of the Summary Result is set out in § 10.
- Plan – a package of Services selected by the Client from those available on the Website: Mini, Starter, Pro, Business or Individual. Each Plan includes a defined limit of Checks within the subscription Fee, a number of Sub-accounts and the functional scope described in the Price List.
- Price List – the list of subscription Fees and Billing Periods available on the Website, forming an integral part of the Agreement.
- Fee – the remuneration due to the Provider for the use of the Services in a given Billing Period.
- Billing Period – the period of provision of the Services selected by the Client, starting on the day the Fee is credited: monthly (1 month) or quarterly (3 months — with a 10% discount compared with the equivalent monthly Fee).
- Additional Check (overage) – a Check performed beyond the limit provided for in the selected Plan, charged at PLN 8 net (PLN 9.84 gross) each and added to the next VAT invoice.
- Trial Access – a service provided free of charge by the Provider, giving access to the features of the Application in trial mode with a defined limit of Checks.
- Grace Period – the period during which the use of the Services may be restored with the Client’s existing configuration and data retained.
- Error – a Critical Error or an Ordinary Error.
- Critical Error – an error of the Application making it entirely unusable, arising solely through the fault of the Provider.
- Ordinary Error – an error other than a Critical Error, causing limitations in the use of the Application, arising solely through the fault of the Provider.
- Business Day – Monday to Friday, excluding public holidays in Poland, between 8:00 and 16:00.
- Offer – the proposed terms of the Agreement presented to the Client in at least documentary form, specifying among other things the amount of the Fees.
- KSeF – the Polish National e-Invoicing System operated by the Ministry of Finance, in which the Provider issues invoices in accordance with applicable law.
- Terms – these Terms of Service, available on the Website.
§ 2General provisions and territorial scope
- These Terms also constitute the terms of a service provided electronically within the meaning of the Polish Act of 18 July 2002 on providing services by electronic means, and set out the conditions and rules on which the Provider supplies the Services.
- We provide the Services to entrepreneurs only (B2B). The Provider does not enter into agreements with consumers within the meaning of Article 22¹ of the Civil Code and does not address its offer to consumers. An exception applies to a natural person running a sole proprietorship, to whom the rules on an entrepreneur with consumer rights apply to a defined extent — see § 12a.
- The cumulative conditions for concluding the Agreement and providing the Services are:
- the Client having read and accepted these Terms,
- providing the Provider with the data needed to create an Account, and the creation of that Account,
- payment of the full agreed Fee by the Client — for paid Services,
- a positive verification of the Client by the Provider.
- The Agreement is concluded once all of the above conditions are met and the Provider confirms that access has been activated — by e-mail to the address indicated or directly in the Application.
- Territorial scope. The Provider makes Checks available for entities from the following Covered Countries: Poland, the Czech Republic, Slovakia, Lithuania, Latvia, Estonia, Bulgaria, Romania, France, Serbia, Slovenia, Spain, Italy and Croatia.
- The scope, depth and timeliness of the data differ between countries and between Sources and depend solely on what a given Source makes publicly available. The Provider has no influence over the scope of data published by Sources.
- The absence of particular information in a Source, or a Source not making a given category of data available, does not constitute a defect in the Service.
- The Provider may extend the list of Covered Countries and may also — where Sources in a given country permanently cease to make data available, or where the law changes — reduce that list or withdraw a country from coverage. The Provider publishes information about such a change on the Website.
- Data retrieved from Sources is presented by the Provider in its original language, without translation. This applies in particular to entity names, addresses, legal forms, register statuses and the content of entries. Translating register content would distort its legal meaning and evidential value.
- Using the Application requires:
- a device with internet access and a current version of a commonly used web browser supporting JavaScript and cookies,
- an active e-mail account,
- support for technically necessary cookies (session, security, remembering settings). The list of files is set out in the Cookie Policy, an annex to the Privacy Policy.
- The Client bears the cost of internet access according to their operator’s tariffs.
- Particular risks associated with the electronic provision of services: using the internet involves the risk of access credentials being intercepted by third parties, of malicious software, of attempts to obtain login details by deception (phishing), and of unauthorised access to the e-mail account linked to the Account. The Provider uses connection encryption, irreversible password storage and an audit log of operations; the Client should use up-to-date software and a unique password, and should not disclose access credentials to unauthorised persons.
- By accepting these Terms, the person acting on behalf of the Client declares that they are authorised to represent the Client. The Provider may at any time request evidence of that authority. Acting without authority renders that person liable in damages to the Provider.
- The Client must use the Application in accordance with the law and the principles of social coexistence, in a manner that does not disrupt its operation. Introducing unlawful content is prohibited.
- By concluding the Agreement, the Client undertakes that these Terms will be observed by the Client and by the persons it authorises. The Client is liable for their acts as for its own.
- The text of these Terms may at any time be obtained and recorded free of charge through the Website.
- The Client uses the Application under Trial Access or a paid subscription. Trial Access may be used only once. A subscription may be purchased at any time during or after Trial Access.
- Under Trial Access the Client receives access to the features of the Application with a defined limit of Checks. Trial Access serves to familiarise the Client with the Application and should not form the basis of business decisions. An agreement for Trial Access may be terminated at any time by sending a message to the Provider’s e-mail address.
- Provider contact details:
DAWID JUSTYŃSKI
ul. Mostowa 33, 05-800 Pruszków, Poland
VAT ID (NIP): 5342688114 · REGON: 540490658
E-mail: info@legitview.eu
Phone: +48 535 777 646
- The Provider contacts the Client using the contact details assigned to the Account. The Client may designate the persons responsible for contact under the Agreement.
§ 3Account and access to the Application
- To conclude an Agreement or an agreement for Trial Access, the Client contacts the Provider using the details set out in § 2 or the contact form on the Website.
- The Account is created by the Provider once the terms have been agreed and the Client has been verified. The Provider gives the person designated by the Client the access details together with a temporary password, which must be changed on first sign-in.
- The Provider may refuse to conclude the Agreement or to create an Account, in particular where verification of the Client is unsuccessful.
- The Agreement is concluded once the subscription Fee has been paid and credited and the Provider has confirmed the creation of the Account.
- A person entering data into the Application declares that the data is true and undertakes to update it if it changes.
- Access to the Application is protected by a password meeting the requirements indicated when it is set. The Client must not disclose access credentials to unauthorised persons.
- Once the limit of Checks under Trial Access is exhausted without payment of the subscription Fee:
- access to the Account is suspended — the features of the Application cannot be used and previously obtained data cannot be viewed,
- the provision of Services other than maintaining the Account is halted,
- the Grace Period begins.
- The Client may create Sub-accounts for people acting on its behalf, within the limit resulting from its Plan, and assign them a scope of permissions.
- The Client is liable for all acts of the persons to whom it has granted access to the Account and Sub-accounts.
- Sub-accounts must not be used to make the features of the Application available to entities that have not concluded an Agreement with the Provider.
- The Client may change the number of Sub-accounts at any time, paying the corresponding Fees in accordance with the Price List.
§ 4Features of the Application and the Website
- Under the Services the Provider maintains the Client’s Account and makes available the features of the Application, in particular:
- Entity Check — simultaneous querying of the Sources applicable to a Covered Country and collation of the result in a single view. The Application indicates, for each data point, the Source it came from and the timestamp of the Source’s response.
- Vehicle Check — verification of a vehicle and trailer on the basis of a registration plate number, to the extent made available by the Sources of the given country. This feature is available for some Covered Countries; its availability and scope follow from what the Sources make available.
- Contact Address Inspection — verification of the domain and e-mail address indicated by the Client on the basis of publicly available information about the domain, its configuration and the publicly accessible website.
- Report — generation of a PDF document containing the result of the Check, the Sources, timestamps and explanations of the individual statuses.
- Source Documents — provision of a document produced by a Source, in the form in which the Source produced it. The Provider does not create its own documents resembling official ones and does not interfere with the content of a Source document. Availability depends on whether the given Source makes such a document available.
- Evidence Package — provision of the raw responses of the Sources received during the Check, together with the Source address, the response code, a timestamp and a cryptographic hash of the content, allowing it to be shown that the content has not been altered.
- History of Checks — browsing earlier Checks and retrieving data from the Sources again.
- Sub-accounts with permission scopes — creating subordinate accounts for people acting on the Client’s behalf, with different roles, within the limit resulting from the Plan.
- Notifications in the Application and by e-mail — about the state of the Check limit, about Source unavailability and about the Billing Period coming to an end.
- Application programming interface (REST API) — integration with the Client’s systems. Each API call counts towards the Check limit in the Plan. Details are set out in the technical documentation available on the Website.
- The data presented in the Application comes from publicly available Sources. The Provider states the Source of the data and the timestamp of the Source’s response.
- The scope of features available to the Client depends on the Plan selected. Higher Check limits, additional Sub-accounts and access to the application programming interface are available under a paid subscription in defined Plans — in accordance with the Price List.
- Within the Website and the Application the Provider may make additional features available free of charge, and may withdraw them at any time.
- Features are updated at times determined unilaterally by the Provider. Material functional changes are announced on the Website and — where they affect how the Services are used — communicated by e-mail to the address assigned to the Account.
§ 5Payments and settlements
- The provision of Services under a subscription requires prior (advance) payment of the Fee set out in the Price List, depending on the Plan and the Billing Period selected (monthly or quarterly).
- Access to the Services is activated once the full amount of the Fee has been credited to the Provider’s bank account — no later than within 1 Business Day of crediting.
- Payment is made by bank transfer to the Provider’s account, within 7 days of the issue of a pro forma invoice. Payment is deemed made when the full amount is credited to the Provider’s bank account.
- By using the Services the Client accepts the use of electronic invoices. The Client may withdraw that acceptance.
- The Fees set out in the Price List are stated net. The Client is informed of the total amount including VAT on the pro forma invoice, before payment.
- KSeF. VAT invoices are issued in the Polish National e-Invoicing System in accordance with applicable law. A PDF visualisation of the invoice is additionally sent to the e-mail address assigned to the Account. Pro forma invoices and documents that under the applicable rules are not issued in KSeF are sent outside KSeF in electronic form.
- Additional Checks (overage). Performing a Check beyond the limit provided for in the Plan results in an additional Fee of PLN 8 net (PLN 9.84 gross) for each Check. That Fee:
- is totalled at the end of the Billing Period,
- forms an additional item on the VAT invoice issued for the next Billing Period or — if the Agreement is terminated — on a separate invoice issued after the end of the current Period,
- is not settled retrospectively where the Plan is upgraded.
- Quarterly discount. Choosing a quarterly Billing Period results in a 10% discount compared with the equivalent Fee for 3 months billed monthly. The discount is granted once in advance; if the Agreement is terminated during the quarter it is not settled proportionally.
- Changing Plan. The Client may change Plan at any time:
- upgrade — takes effect immediately; the Fee is settled proportionally by a corrective invoice or by crediting the difference against the current Fee,
- downgrade — takes effect from the next Billing Period; the current Period remains settled under the existing Plan.
- Refunds and corrections. The rules for considering refund requests and issuing corrective invoices are set out in the Refund Policy, which forms an integral part of these Terms. As a rule the Fee is not refundable — instead of a cash refund, a corrective invoice is issued in the cases set out in the Refund Policy.
§ 6Grace period
- The Grace Period begins:
- on the first day after the end of a paid Billing Period — where payment for the next period has not been made, or
- on the first day after the limit of Checks under Trial Access has been exhausted.
- The Grace Period lasts until the day on which a Fee enabling the Services to resume is credited, but no longer than 12 months from the day indicated in paragraph 1.
- The Grace Period:
- is not a period of full access to the Services,
- allows the Client (provided the Account has not been deleted) to resume using the Services with its existing configuration and data retained.
- On expiry of the Grace Period the Provider is entitled to permanently delete the Account and the associated Sub-accounts, which is equivalent to termination of the Agreement. All data will be deleted.
§ 7Support and technical breaks
- Under the Agreement the Provider supplies support consisting in providing information about the operation of the Application and the Website and in sending system and informational messages.
- The Provider undertakes to take action aimed at removing properly reported Errors.
- Error removal deadlines:
- Critical Errors — within 24 hours of receiving the report,
- Ordinary Errors — within 3 Business Days of receiving the report.
- Where errors are not attributable to the Provider, or reports do not concern actual errors, the Provider is entitled but not obliged to take remedial action.
- Errors are reported solely by e-mail to: info@legitview.eu
- Reports are accepted on Business Days only. Reports received outside Business Days are treated as received on the next Business Day.
- A report should contain a detailed description of the error allowing it to be properly classified.
- The Provider may extend the Error removal deadlines in the event of force majeure or insufficient information from the Client.
- The Provider makes every effort to ensure that the Website and the Application function properly. Errors or failures may occur for external reasons, including unavailability of Sources. The Provider will take all possible steps to limit their negative effects.
- Besides breaks caused by failures, planned technical breaks for updates or maintenance may occur. The Provider schedules them so as to cause as little inconvenience as possible.
§ 8Complaints
- Complaints concerning the operation of the Website or the Application may be submitted:
- in writing to: DAWID JUSTYŃSKI, ul. Mostowa 33, 05-800 Pruszków, Poland, or
- electronically to: info@legitview.eu
- A complaint should contain the details of the person submitting it (name or full company name, address or e-mail address, login), the grounds of the complaint and the remedy sought.
- A reply to a complaint is given by e-mail to the address indicated in the complaint, within 30 days of its receipt.
- Use of the complaints procedure is voluntary and free of charge.
§ 9Personal data
- Three distinct roles — worth separating.
- Data of the Client and of people using the Account. The Provider is the controller. Details: Privacy Policy.
- Data appearing as a result of a Check (people listed in Sources). In relation to that data the Provider is a controller as regards its retrieval, collation and provision to the Client; it meets its information obligation on the GDPR Notice (Article 14) page. A Client who has received a result becomes a separate, independent controller of that data and is solely responsible for its further use — including the legal basis, the retention period and the handling of data subjects’ rights.
- Data entered into the Application by the Client (in particular the data of people for whom it creates Sub-accounts). The Client is the controller and the Provider processes that data as a processor, on the terms set out in Annex 1.
- The Client’s data is processed in order to provide the Services. The legal bases are:
- the contract or steps taken prior to entering into it (Article 6(1)(b) GDPR),
- compliance with the Provider’s legal obligations, in particular tax and accounting obligations (Article 6(1)(c) GDPR),
- the Provider’s legitimate interests — pursuing and defending claims and securing the Services (Article 6(1)(f) GDPR).
- Providing data is voluntary but necessary to conclude the Agreement. Failure to provide it makes conclusion impossible.
- The Provider applies organisational and technical measures appropriate to the risk, including connection encryption. The application server and the database are hosted within the European Economic Area. A detailed description of the measures is set out in the Privacy Policy.
- Retention periods are set out in a single retention table in the Privacy Policy.
- The Client has the right to request access to its data, rectification, erasure, restriction of processing, data portability and to object (Articles 15–21 GDPR). Account deletion and a copy of the data are provided on request, within the period set by Article 12(3) GDPR. Requests should be sent to: rodo@legitview.eu.
- If the Client considers that data is processed unlawfully, it may lodge a complaint with the President of the Polish Personal Data Protection Office and also with the supervisory authority of the data subject’s habitual residence or place of work.
- If, as a result of using the Application, the Client obtains and begins to process personal data, it is the controller of that data and is responsible for meeting the resulting obligations.
§ 10Reservations and liability
- Nature of the Service. The Application collates information from publicly available Sources. The Provider is not responsible for the content or timeliness of the data in the Sources themselves, nor for decisions taken on their basis. The Application is a supporting tool and does not replace mandatory verification procedures imposed on the Client by law.
- The Provider does not guarantee the completeness, accuracy or timeliness of data originating from Sources. Interpreting the information obtained from the Application is a matter for the Client, who uses it at its own risk.
- Limitation of liability. The Provider’s liability towards the Client is limited to the amount of the remuneration received from that Client for a maximum of the 3 months preceding the month in which the damage arose, but not less than PLN 1,000. The Provider is not liable for lost profits.
- This limitation does not apply to damage caused intentionally, to personal injury, or to liability which under mandatory provisions of law cannot be excluded or limited (Article 473 § 2 of the Civil Code).
- In relation to a Client who is an entrepreneur with consumer rights, the limitation applies only to the extent that it is not prohibited — see § 12a.
- In particular, the Provider is not liable for:
- the acts of third parties, including the effects of attacks, malicious software and unauthorised access obtained without the Provider’s fault,
- the effects of using the Application contrary to its intended purpose,
- the effects of using materials or information supplied by the Client,
- the operation of the Client’s IT environment,
- the effects of the Client disclosing Account or Sub-account access credentials,
- damage resulting from errors, failures or technical breaks described in § 7,
- unavailability of Sources causing a missing or incomplete result,
- the effects of force majeure.
- Data from foreign Sources. The Sources of individual countries differ in the scope of data they make available, in update frequency and in how information is presented. In particular:
- the absence of information in a Source is not equivalent to the non-existence of a fact — it means only that the Source did not make that information available. The Application marks such cases as missing data, not as a negative result,
- the Provider is not liable for differences in data depth between countries or for changes in the scope of data published by Sources,
- data is presented in the original language of the Source (§ 2(5)(4)).
- The Client is responsible for the lawfulness of its use of data obtained from the Application, in particular for compliance with data protection law to the extent that it has become a controller of that data (§ 9(1)(2)).
- The Provider may refuse to create an Account or terminate the Agreement with immediate effect where the Client breaches these Terms, the law or the principles of social coexistence.
- The Provider communicates with the Client in Polish; communication in other languages is possible as far as its capabilities allow.
- Agreements are concluded in Polish or in a bilingual version — the Polish text always prevails. Translations of these Terms and of the remaining documents are provided for information only.
- The Client’s obligations under other legislation.
- Anti-money laundering. The Provider is not an obliged institution within the meaning of the Polish Act on counteracting money laundering and terrorist financing. Data obtained from the Application may support a Client that is an obliged institution in applying financial security measures, but does not replace them. The decision to treat a customer as verified is taken solely by the Client.
- Due diligence. The result of a Check does not in itself constitute proof of due diligence within the meaning of tax legislation. It should be supplemented by the Client’s own documentation.
- Registers of beneficial owners. Access to registers of beneficial owners is subject to change resulting from the case law of the Court of Justice of the EU and from national and EU legislation. If legislation restricts or withdraws access to such a register, the Provider will correspondingly restrict or disable that feature and will announce this on the Website. This does not constitute a defect in the Service or grounds for reducing the Fee, and the Provider will allow the Client to terminate the Agreement with effect at the end of the current Billing Period.
- Nature of the Summary Result — decision support, not a decision.
- The Summary Result is produced by comparing data from different Sources according to rules defined by the Provider. No artificial intelligence systems within the meaning of Regulation (EU) 2024/1689 are used to calculate it. The Provider uses machine learning models for technical purposes only — to read captcha-type protections applied by Sources — and they have no influence on the content of the Summary Result.
- The Summary Result does not constitute a decision based solely on automated processing within the meaning of Article 22 GDPR. The business decision is always taken by a human on the Client’s side, after their own substantive assessment. The Provider advises the Client to verify every Summary Result independently and not to base commercial decisions on it alone.
- The right of a person whose data appears in a result to human intervention. A natural person whose data has appeared in the result of a Check and who considers that the Summary Result or a specific piece of information is incorrect or has led to a decision unfavourable to them may contact rodo@legitview.eu to request human review of the result, express their own point of view and contest the result. The Provider applies the standards of Article 22(3) GDPR accordingly.
- Availability of the Services.
- The Provider makes every effort to keep the Application continuously available. The target availability level per calendar month is 99.0% for the Pro and Business Plans and 98.0% for the remaining Plans (an indicative parameter).
- Downtime does not include: planned breaks announced at least 24 hours in advance, unavailability of Sources, force majeure, failures of telecommunications operators’ infrastructure, and errors on the Client’s side.
- In the event of a material breach of the above level, the Client may request a discount on the invoice for the next Billing Period: 5% where availability is between 95.0% and 98.9%, and 10% below 95.0%. The request must be made under the complaints procedure (§ 8) within 30 days of the end of the month.
- Governing law and jurisdiction.
- Matters not governed by these Terms are subject to Polish law, in particular the Civil Code, the Act on providing services by electronic means and the GDPR.
- The parties undertake to resolve disputes arising from the Agreement amicably in the first instance. Failing agreement, the court having jurisdiction is the common court having local jurisdiction over the Provider’s registered office. This provision does not apply to Clients who are entrepreneurs with consumer rights, for whom jurisdiction is determined by mandatory provisions of law.
- If any provision of these Terms is held to be invalid, ineffective or unenforceable, this does not affect the validity, effectiveness or enforceability of the remaining provisions. The parties will replace such a provision with a valid one whose economic effect is as close as possible to the original.
§ 11Copyright and intellectual property rights
- Copyright and intellectual property rights to the Website and the Application as a whole, and to their individual elements, belong to the Provider or to other authorised third parties.
- By concluding the Agreement the Client acquires no copyright or intellectual property rights to the Website or the Application.
- The right to use the Application granted to the Client does not entitle it to:
- copy the Website, the Application or their elements (other than as permitted by law),
- modify, translate, decompile or disassemble them,
- modify the software of the Application,
- distribute or make the Application or the Services available to third parties without the Provider’s consent.
- The Client may — on the basis of separate, express consent given in the Account settings — authorise the Provider to use its trademarks and business name free of charge in order to indicate that it uses the Application or the Website (for example in a customer list or in marketing materials). Such consent is voluntary (opt-in), is not a condition of providing the Services and may be withdrawn at any time with effect for the future by notifying the Provider.
§ 12Term of the Agreement and amendments to the Terms
- The Agreement is concluded for the Billing Period selected by the Client (monthly — 1 month, quarterly — 3 months). An agreement for Trial Access lasts until the granted limit of Checks is exhausted.
- The Client may terminate the Agreement without giving reasons, with effect at the end of the Billing Period, by sending a statement to: info@legitview.eu or using the form in the Application. Fees already paid are not refundable — the rules on corrections and exceptions are set out in the Refund Policy.
- The Provider may terminate the Agreement with immediate effect where the Client continues to breach these Terms after being called upon to cease the breach with a deadline of at least 7 days.
- The Provider may suspend the Services or terminate the Agreement with immediate effect where Fees are not paid or payment is in arrears.
- The Agreement is automatically renewed for a further Billing Period of the same kind (monthly or quarterly) unless the Client terminates it in accordance with paragraph 2.
- These Terms and the Price List may be amended.
- The Provider is entitled to amend these Terms for important reasons, provided that it informs the Client at least 14 days before the planned change, by e-mail to the address assigned to the Account.
- The following are regarded as important reasons for amending these Terms:
- adapting them to legislation,
- a change in, or the introduction of, public levies,
- extending, changing or improving the functionality of the Services,
- improving the security of the Services or the Application,
- recommendations and guidance from public authorities,
- a change in the cost of external services or technical infrastructure,
- a change in the technical conditions of providing services electronically,
- removing ambiguities, errors or clerical mistakes,
- a change of contact details, names, identification numbers or links.
- Before the amendments take effect the Client may terminate the Agreement with immediate effect. Raising an objection is equivalent to giving notice of termination. Fees already paid are not refundable.
- Failure to give notice within the deadline means acceptance of the amendments and that the new version of these Terms applies.
- Notice of termination is given in documentary form to the Provider’s e-mail address: info@legitview.eu
- Amended Terms take effect on the date indicated in the notice of the amendment.
- A change to the Price List does not affect Agreements already concluded as regards the ongoing Billing Period for which the Fee was paid before the change.
- The Provider reminds the Client of the forthcoming automatic renewal of the Agreement (paragraph 5) by e-mail sent no later than 3 days before the end of the current Billing Period. Failure to give notice within that period means acceptance of the renewal in accordance with paragraph 5.
§ 12aEntrepreneur with consumer rights
- In relation to a Client who is a natural person running a sole proprietorship entered in the Polish business register (CEIDG) and who concludes the Agreement directly in connection with that business activity, but where the content of the Agreement shows that it is not of a professional nature for them — as follows in particular from the subject matter of their business activity disclosed in that register — the provisions concerning consumers apply accordingly to the extent set out in Articles 38a, 385[5], 556[4], 556[5] and 576[5] of the Civil Code and in Article 7aa of the Act on consumer rights (an “entrepreneur with consumer rights”).
- Such a Client has in particular the right:
- to have unfair contractual terms reviewed,
- to warranty protection on the terms provided for consumers,
- to withdraw from a distance contract within 14 days without giving reasons and without bearing costs other than those set out in the Act on consumer rights — unless, before that period expires and at the express request of the entrepreneur with consumer rights, performance of the Service has been fully commenced (for example where immediate commencement was requested). To withdraw it is enough to send a statement to info@legitview.eu.
- The limitation of the Provider’s liability to three months’ remuneration provided for in § 10 does not apply to such a Client to the extent that the limitation would be prohibited under the rules on unfair contractual terms — in that case the provisions of the Civil Code apply.
- Status as an entrepreneur with consumer rights is established on the basis of the Client’s statement and information available in the Polish business register (the business classification code disclosed there as against the subject matter of the Agreement). In case of doubt the Provider is entitled to ask the Client for an additional statement.
Annex 1Data Processing Agreement
Data Processing Agreement
Concluded between the Provider (the Processor) and the Client (the Controller)
§ 1 – General provisions
- Capitalised terms have the meaning given to them in the Terms of Service.
- This Agreement is concluded in connection with the Agreement or an agreement for Trial Access and constitutes the contract referred to in Article 28(3) GDPR.
- The Controller entrusts the Processor with the processing of personal data entered into the Application — in particular the data of people for whom the Controller creates Sub-accounts — referred to as the “Data”.
- This Agreement does not cover data originating from Sources which appears as the result of a Check. In relation to that data the Processor acts as a separate controller, and the Controller becomes its independent controller once it receives the result — see § 9(1)(2) of the Terms of Service.
- The Processor processes the Data solely on the documented instructions of the Controller. Using the features of the Application for their intended purpose is also treated as such an instruction.
- The provisions of this Agreement apply accordingly where the Client processes personal data as a processor and entrusts it to the Provider as a sub-processor.
§ 2 – Declarations of the parties
- The Controller declares that it has the status of controller of the Data within the meaning of the GDPR.
- The Controller declares that it has proper legal bases for processing the Data and that entrusting it to the Processor will not infringe the rights of third parties.
- The Processor ensures that the persons it authorises to process the Data are bound by confidentiality.
- The Processor implements appropriate technical and organisational measures in accordance with Article 32 GDPR. They are described in the Privacy Policy.
§ 3 – Subject matter, nature, purpose and duration of processing
- Subject matter and purpose: processing the Data solely in order to provide the Services under the Agreement or an agreement for Trial Access.
- Nature of processing: storage, organisation, making available within the Account and Sub-accounts, and erasure — using the Processor’s IT systems.
- Type of data: ordinary data, in particular the names of persons authorised to act on behalf of the Controller, their business e-mail addresses and phone numbers, their role and permissions in the Application, and information about how they use the Application (including the audit log of operations).
- Categories of data subjects: employees, associates and other persons authorised by the Controller to use the Application on its behalf.
- The Controller undertakes not to transmit through the Application special categories of data referred to in Article 9 GDPR, or data relating to criminal convictions and offences (Article 10 GDPR).
- Duration of processing: for the term of this Agreement. The retention periods for individual categories of data are set out in the retention table in the Privacy Policy.
- Place of processing: the European Economic Area. The Processor does not transfer the Data to third countries.
§ 4 – Obligations of the Processor
- The Processor implements the measures required by the GDPR, taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing.
- The Processor assists the Controller in fulfilling its obligation to respond to requests from data subjects (Chapter III GDPR).
- The Processor assists the Controller in fulfilling the obligations set out in Articles 32–36 GDPR.
- Notification of breaches. The Processor notifies the Controller of a breach of the protection of the Data without undue delay and no later than within 24 hours of becoming aware of it, providing the information the Controller needs to meet its obligations under Articles 33 and 34 GDPR. The notification is sent to the e-mail address assigned to the Account.
- The Processor immediately informs the Controller if, in its opinion, an instruction given to it infringes the GDPR or other data protection provisions.
- The Processor makes available to the Controller the information necessary to demonstrate compliance with Article 28 GDPR and allows for audits, including inspections. An audit takes place on business days, at a time agreed with at least 14 days’ notice, in a manner that does not interfere with the continuity of the Services and preserving confidentiality in relation to the data of the Processor’s other clients.
§ 5 – Sub-processors
- The Controller gives the Processor general authorisation to engage sub-processors (Article 28(2) GDPR).
- The current list of sub-processors forms part of the Privacy Policy, in the “Recipients of the data” section. That list is the only binding one — this Agreement does not duplicate it, so that the two versions cannot diverge.
- The Processor informs the Controller of an intended change to the list — the addition of a new sub-processor or the replacement of an existing one — at least 30 days in advance, on the Website or by e-mail to the address assigned to the Account.
- The Controller may, within 30 days of receiving that information, raise a reasoned objection to the change. If the objection cannot be accommodated without materially limiting the Services, the Controller has the right to terminate the Agreement with effect on the date of the planned change, and the Fee paid for the unused period is settled by a corrective invoice.
- The Processor imposes on sub-processors data protection obligations equivalent to those arising under this Agreement.
- Where a sub-processor fails to fulfil its obligations, the Processor remains fully liable to the Controller.
§ 6 – Term and termination
- This Agreement is concluded when the Agreement or an agreement for Trial Access is concluded and terminates when they terminate.
- On termination of this Agreement the Processor — as decided by the Controller — deletes the Data or returns it to the Controller and deletes existing copies, unless retention is required by law.
- The Controller communicates its decision on deletion or return no later than on the last day of the term of this Agreement. Absence of a decision is treated as an instruction to delete.
- Release of the Data. At the Controller’s request, made no later than on the last day of the term of this Agreement, the Processor releases the Data and the collected results of Checks in a commonly used, machine-readable format, within 30 days of receiving the request.
- Data is removed from backups when those backups expire, in accordance with the periods set out in the Privacy Policy.
- Matters not governed by this Agreement are subject to the GDPR and to Polish law.